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

SENATE—Tuesday, September 5, 2006

The Senate met at 11 a.m. and was will reframe what I expect to happen tax relief and fiscal restraint we have called to order by the President pro over the course of this week and in the implemented. tempore (Mr. STEVENS). near future. What is forefront in the minds of the Similar to many of my colleagues, I American people is the economy; even PRAYER spent the month traveling the country. The Chaplain, Dr. Barry C. Black, of- more so is security—yes, economic se- I began in Tennessee and ended in Ten- curity but security in general. fered the following prayer: nessee. I visited a number of States, Let us pray. from the west coast to the east coast, From Georgia to California, and each Lord and Creator of humanity, bless from Washington State to Florida. At stop in between, the people I met want this legislative body today. Give Sen- each stop, I spent a lot of time doing reassurance. They want to know when ators, during these challenging times, what I hope, and I am sure, all of my their family boards a plane, for exam- the calmness of Your abiding presence. colleagues did, listening, listening very ple, on vacation or going to Break the tensions of partisan divi- carefully to what the American people Disneyland, that plane will be safe. sions with the soothing music of uni- are thinking and what they are feeling. They want to know, when they hop on fied effort. Teach our lawmakers the As I summarize and step away from the subway or the Metro to go to work, importance of slowing down long the messages that were sent to me, it that train will be safe. They want to enough to seek Your wisdom, to hear is pretty clear how we need to spend know, when they fill up their gas tank, Your voice, to connect with each other the next 4 weeks in the Senate before the money in their wallet is not going and to send their roots deep into the taking a break before the elections to end up in the hands of some ter- soil of life’s enduring values. themselves. I will recite a few of the Empower each of us to grow toward rorist overseas. items and point out the direction that the stars of our greater destiny. I share these same concerns. That is will lead us into the next several We pray in Your wonderful Name. why we have set a very aggressive weeks. Amen. agenda for the remainder of this ses- I listened carefully, and again and f again people confirmed what I already sion that does focus on fighting and PLEDGE OF ALLEGIANCE knew: The Republican-led policies that winning this war on terror. The PRESIDENT pro tempore led the we put into place are, indeed, working. Last week, one of my colleagues said Pledge of Allegiance, as follows: To begin with, although despite deri- that 99 percent of Democrats want to I pledge allegiance to the Flag of the sion from my colleagues on the other fight a strong war on terror. This week United States of America, and to the Repub- side of the aisle, the economy con- we will hold this Senate to that as we lic for which it stands, one nation under God, tinues to grow. As we saw yet again continue to debate Defense appropria- indivisible, with liberty and justice for all. last week, month after month we con- tions. sistently have added new jobs. Produc- f Our troops provide us an invaluable tivity, the driving impetus that raises RESERVATION OF LEADER TIME service. They fight daily on behalf of the standards of living, continues to those enduring principles of freedom The PRESIDENT pro tempore. Under accelerate, continues to go up. We have a previous order, the leadership time is faced down many adverse develop- and liberty. For their invaluable serv- reserved. ments, many adverse events in the past ice, we owe them the very best of re- f few years, including the 2001 recession, sources. DEPARTMENT OF DEFENSE the terrorist attacks of September 11, The Defense appropriations bill is APPROPRIATIONS ACT, 2007 corporate governance scandals, and crucial to fighting a strong war on ter- The PRESIDENT pro tempore. Under more recently, the devastating hurri- ror and to winning it. The bill provides the previous order, the Senate will re- canes and substantial increases in the our soldiers with the resources, the sume consideration of H.R. 5631, which cost of energy. training, the technology, the equip- the clerk will report. People do feel the rising cost of en- ment, the authorities they need to win The legislative clerk read as follows: ergy at the pump each day. They feel the war on terror. the rising cost of health care. A bill (H.R. 5631) making appropriations I encourage each of my colleagues to As Federal Reserve Bank Chairman for the Department of Defense for the fiscal demonstrate their commitment to year ending September 30th, 2007, and for Ben Bernanke pointed out last week, fighting and winning a strong war on other purposes. despite all of these obstacles, our econ- terror by engaging in a productive de- RECOGNITION OF THE MAJORITY LEADER omy continues to advance and con- The PRESIDENT pro tempore. The tinues to grow. I am convinced, as are bate, a debate that is on point and fo- majority leader is recognized. the constituents I met with during cused on how we can keep our troops strong to win this war. SCHEDULE each stop across the country, the eco- Mr. FRIST. Mr. President, I have a nomic security we enjoy is due in large At the end of the debate, I hope each short statement to make, and then I part to the Republican-led policies of and every one of my colleagues will

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

17079 VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17080 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 join me in demonstrating our commit- tant issues that so dramatically im- THE SENATE FAMILY ment to our troops, our commitment pact the security of the American peo- Mr. President, we are a family in the to strengthening and maintaining and ple, the security of our homeland. Senate. That includes not only the 100 enhancing our security at home and As we learned last year with Hurri- Senators but the staff we have. Al- their commitment to winning the war canes Katrina and Rita, on September though he is off the Senate floor now, on terror by voting to pass the Defense 11, almost 5 years ago, complacency Jack Hickman, who has worked for the appropriations bill. and passiveness have no place in the Senate for many years and sits right in But there is more we in the Senate Senate. We must work together to en- front of me, had knee surgery or knee can and will do to help alleviate the sure that we anticipate and address the replacement. As a result of some things concerns and fears the American people problems facing everyday Americans. that do not work out as well as one have about security and winning the We must work together to keep Amer- could expect, he became gravely ill. We war on terror. We need to strengthen ica moving forward. We must work to- are so happy that all worked out, that port security. After months of negotia- gether to fight and, yes, win the war on he is now strong and healthy, and his tions on this critical issue, it is time to terror. knee works well, although the surgery act. We need to pass the Homeland Se- Mr. President, let me take a final was very traumatic, especially the side curity appropriations conference re- minute and update our colleagues on effects. port. We need to confirm critical secu- the specific schedule for today. We are glad Jack is back and he is rity nominees such as John Bolton, Under the order, we are to imme- healthy. He represents the Senate fam- U.S. Ambassador to the U.N.; Alice diately return to the consideration of ily that works long Senate hours with Fisher, DOJ’s Assistant Attorney Gen- the Defense appropriations bill. We little recognition—recognition which eral for the Criminal Division; Kenneth began this important funding measure they deserve. Wainstein, first Assistant Attorney prior to our adjournment. We were un- LEGISLATIVE PRIORITIES General for DOJ’s new National Secu- able to finish it prior to that recess. Mr. President, the Chaplain, this rity Division. Although we do not have a unanimous morning, said the thoughts that were We need to address the Supreme consent agreement on the bill, the on my mind before coming here, and I Court Hamdan decision, authorizing Democratic leader agreed prior to the certainly could not say them as well as military commissions for terrorist recess that we would finish the bill no he did, so I will read what he said in his combatants. later than Wednesday of this week, al- own prayer: We need to send an energy package though discussions prior to our begin- Bless this legislative body today. Give Sen- to the President so we can reduce that ning today’s session indicate it may be ators, during these challenging times, the dangerous dependence on foreign Thursday. calmness of Your abiding presence. Break sources of oil. Let’s face it, we have a Chairman STEVENS is here today oc- the tensions of partisan divisions with the serious threat to our national security cupying the chair and is ready to con- soothing music of unified effort. when nearly 60 percent of the oil we sider amendments and make progress That phrase in the prayer says it all. consume comes from foreign countries. during today’s session. I understand no We need to work together. I want to We need to strengthen the Terrorist one is ready, at this point, to offer an focus on one thing, on one number, and Surveillance Program by modernizing amendment. that is 12. Twelve is very likely the the important Intelligence Surveil- ORDER OF PROCEDURE number of legislative days remaining lance Act definition of ‘‘electronic sur- Therefore, I ask consent there be a in this Congress, the 109th Congress. veillance’’ and ‘‘communication’’ and period of morning business until 2:30 With the schedules we have kept in the by enhancing congressional oversight. today, with the time equally divided in past, we basically work 3 days a week. We need to consider legislation that the usual form; and further, that at the We have 4 weeks, counting today. That builds on the progress we made last conclusion of that period, we resume leaves 12 days. In a normal year, in a year with the bioterror bill, by further consideration of the Defense appropria- normal Congress, it would be an enor- refining and enhancing our defenses tions bill. mous challenge to complete the work against nontraditional terrorist at- The PRESIDING OFFICER. Without we have ahead of us in 12 days. In this Congress, which I have not tacks. We need to secure America’s objection, it is so ordered. said but which pundits and editorials prosperity by bringing budget process Mr. FRIST. Mr. President, as an ad- have called the do-nothing Republican reform to the Senate and by finalizing ditional reminder to Senators, this Congress, it is mission impossible. a very exciting bipartisan competitive- afternoon at 4:30 we will proceed to ex- Think about all that remains to be ness agenda package. ecutive session for the consideration of We need to continue securing Amer- done. Kimberly Ann Moore to be a U.S. cir- ica’s health by bringing health infor- On the domestic front, the start of cuit court judge. A vote will occur at mation technology legislation to con- the new fiscal year is just days away. 5:30 on the confirmation of this judicial ference. We must continue to secure The Senate has yet to pass a single ap- nomination. America’s values by promoting sound propriations conference report. There Having said that, I expect a produc- Government that begins with fulfilling has not been a single appropriations tive week as we wrap up our business our constitutional duty of advice and bill sent to the President. There are 13 on the Defense appropriations bill. consent by bringing more judicial of them. Normally, we would have basi- nominations to the Senate for con- RECOGNITION OF THE MINORITY LEADER cally completed them by now, or at firmation. The PRESIDENT pro tempore. The least have them all in conference. We And it continues with addressing Democratic leader is recognized. in the Senate have completed one ap- Internet gambling. As it is now, this DOD APPROPRIATIONS propriations bill. industry threatens to undermine the Mr. REID. Mr. President, as I indi- With millions of children returning quality of life of millions of Americans cated in conversation with the Pre- to school this week, this Republican- by bringing an addictive behavior right siding Officer and the majority leader, controlled Congress has yet to pass an into our living rooms. I indicated that we, the Democrats, education funding bill. In addition, As you can see, we have a lot on our would complete this bill in 2 days. We there are middle-class tax breaks that plate. Bipartisan support on each of will do that. It will be Thursday be- have been sidetracked. There has been these issues is absolutely necessary. It cause today, for a lot of reasons, not a big detour. These need to be ex- is election time. The tendency is to the least of which is the weather, we tended. Why aren’t they extended? make everything political. For the will not have much time to work on it. There was an agreement before we left American people, we need to rise above We will finish it Thursday. I indicated between the House and the Senate con- this. We need to come together. We that to the manager of the bill and to ferees to have the so-called tax extend- need to work together on these impor- the distinguished majority leader. ers passed. They agreed. But someone

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00004 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17081 came up with an idea, as absurd as it gress is not even going to try to finish to the marriage amendment and then now sounds, that they would stick the this work. flag desecration—two of the least tax extenders on a flawed minimum Today’s New York Times has the pressing issues facing Americans wage increase and, of course, estate tax headline: ‘‘GOP Lawmakers Set Aside today. In fact, I was stunned to read in repeal. It came here. We wasted a sig- Work on Immigration.’’ Sunday’s the Washington Post today that Cir- nificant amount of time on it. The ex- Washington Post had a similar article cuit Judge Wilkinson, who was said to tenders were not passed. People are entitled: ‘‘GOP Focus on Security be in line to be the President’s selec- still waiting to have them passed. Issues to Sideline Other Matters.’’ tion to go on the Supreme Court, wrote These are not extenders that help only The papers report that Republicans an editorial saying: Do not amend the Democrats, they help the country. plan to leave in September with immi- Constitution with the marriage amend- I had the head of the Business Round- gration undone, Medicare undone, eth- ment. It is unnecessary. It is wrong. table call me. He said it is so impor- ics reform undone, and a budget un- Let the States take care of it. tant we pass the research and develop- done. We do not have a budget. Then, Judge Wilkinson did that, one of the ment tax credit. It was one of the ex- after leaving here with nothing done, President’s own: a waste of time, the tenders that did not pass because of they are going to go out and try to con- marriage amendment. this crazy idea to lump them all to- vince the American people that after Then, the 1 week we worked in Au- gether. As a result, we have nothing. years of getting it so wrong, they now gust was given to the Republicans’ in- We have no minimum wage increase. have the right prescription for our Na- famous ‘‘trifecta’’ bill that I have spo- We did not do the extenders. And, of tion’s security. ken about earlier, the ‘‘defecta’’ bill, as course, the American people, they are Democrats welcome a national secu- we call it. In the words of Republican not out there fighting for 8,100. That is rity debate. I hope we can have one. Congressman ZACH WAMP, Republicans who benefits from the estate tax re- America needs one. There is no excuse tried to ‘‘outfox’’ the country into re- peal. The American people knew this for the Senate not completing its work. pealing the estate tax. Remember his was a foolish idea, and the Senate re- And I say, referring back to the Chap- famous quote: The only reason the sponded by making sure that so-called lain’s prayer: Democrats are mad is we outfoxed ‘‘trifecta,’’ that we named ‘‘defecta,’’ Give Senators, during these challenging them. did not pass. times, the calmness of Your abiding pres- In the end, it was the Republicans The Medicare prescription drug bill ence. Break the tensions of partisan divi- who were outfoxed. needs to be fixed. Are we going to do sions with the soothing music of unified ef- With 20 months wasted and just 12 that? Not likely. We have a crisis in fort. days ahead of us, it is time for a new health care. I used to talk about 40 mil- We want to work on a bipartisan direction. We live in a very dangerous lion people having no health insurance basis to resolve the Hamdan decision. world. As we saw in Britain last month, during this administration. In these 6 That is how we bring these terrorists there are terrorists around the world years it has gone to 47 million Ameri- to justice. We want to work with our who want to do damage to Americans. cans with no health insurance, and mil- colleagues on the Republican side of Unfortunately, there are too many lions more who are underinsured. the aisle to work something out on the politicians in Washington who want to Energy: Because of the demand being domestic spying front. divide the country and play politics lessened, energy costs have dropped a There is no excuse for the Senate not with national security instead of find- little bit in the last few weeks. But completing its work. But if Repub- ing real solutions to keep America that has not taken away from the fact licans want to work with Democrats safe. that we use 21 million barrels of oil during the next 4 weeks to address the Again the Chaplain: every day in America 7 days a week, mistakes of national security, we wel- Give Senators, during these challenging and we import more than 60 percent of come that. It is about time. There is a times, the calmness of Your abiding pres- that. Are we doing anything about reason the Senate faces this predica- ence. Break the tensions of partisan divi- that? No. Twelve days to do all these ment. It is a reason we stare in the sions with the soothing music of unified ef- things. face: September 5. None of the people’s fort. On the national security front, just legislative priorities have been ad- That is what we need: unified effort. as much work remains to be done, if dressed in this Congress. It is because It is time for a new direction. not more. We are a nation at war. We this do-nothing Republican Congress Next week our country will mark a are still vulnerable 5 years after 9/11, has wasted 20 months avoiding the peo- solemn anniversary: 5 years since 9/11. and we have yet to pass the Defense ple’s priorities so they could play par- I remember where I was on 9/11, right and Homeland Security bills. We are tisan games instead. across the hall. Every Tuesday Senator going to pass the Defense appropria- Think back over the last 2 years. Daschle had a leadership meeting. At 9 tions bill. We are going to do that Just take 2 years, not 4 years. We o’clock in the morning, September 11, sometime on Thursday. But we have to began, first of all, with a month-in and the towers were on fire. I saw them, as take that bill to conference, along with month-out debate dedicated to the so- did all of America. I remember where I the other 12 appropriations bills before called nuclear option, the Republicans’ was, and I will bet every American can we can send them to the President. attempt to rewrite Senate rules so we remember where they were. Because of delays by this Republican would be another House of Representa- Five years after 9/11 America is less Congress, our borders remain open and tives; that we would throw away the safe than it should be. Today, only 5 or immigration reform remains stalled. Constitution of the United States so 6 percent of our ports are secure; cargo There is also port security to be con- the Federal courts could be packed. containers, 5 percent. Our chemical sidered, a phase II investigation where Then, instead of addressing the crisis plants are vulnerable to attack. Our we had the assurance from the Repub- in health care or the crisis in energy, first responders do not have the mate- lican leaders of the Intelligence Com- the Republican Senate moved to pet rials to be the best they could be. mittee that they could complete phase issues of their political base, such as Interoperability all over America is II. They have not done that. We still do the Terri Schiavo affair—a very per- not there. The man responsible for 9/11, not know how the intelligence informa- sonal issue that took an inordinate Osama bin Laden, remains on the tion was manipulated in an effort to amount of time of the Congress. And, loose. The recommendations of the 9/11 take us to war in Iraq. The American of course, we have spent weeks and Commission have been ignored by the people are entitled to that information. weeks on a billion-dollar giveaway to administration. Twelve days to finish all this work. repeal the estate tax to the richest of This is the Republican record of the And do you know what. It appears we the rich. last 5 years. It is no wonder, with elec- are not even going to try to finish the This past summer was no different. tions looming, they want to try to fix work. The Republican-dominated Con- The weeks in June and July were given it in the next 12 days. Democrats have

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00005 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17082 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 a better plan to keep America safe. It this Congress, Democrats have come to remarks. This is the beginning of the is called real security. It is tough, it is the floor to demand—we have done it September session of this Congress, as smart, and, as we laid out in a letter to on the Senate floor, in interviews, we roll toward the election. The major- President Bush yesterday, it starts by through speeches in our States, and ity leader has suggested we will be here doing what the other side has refused press conferences—that the President for perhaps 3 or 4 weeks. I hope we can to do: change course in Iraq. change course in Iraq; fight a better, work together, as Senator REID sug- While Iraq was not part of the war on smarter war on terror and secure the gested, in a bipartisan fashion. There is terror before we invaded, today it is homeland; get good grades for the rec- certainly an ample agenda before us, a emboldening terrorists and recruiting ommendations of the 9/11 Commission, lot of things we should be considering. new ones. For 2 years, the Republicans not failed grades, as this administra- I spent most of August traveling up have been content to say ‘‘stay the tion has received. and down Illinois, in the city of Chi- course’’ in Iraq. They have stood with Republicans have obstructed our ef- cago and cities large and small. It is President Bush when he says: We’re forts. We have offered amendment after clear to me that there is much we need not leaving Iraq as long as I’m Presi- amendment, and they have turned to do. dent. them down on a separate, party-line Yesterday was Labor Day. Yesterday That is wrong. They may think it is vote—amendments to protect nuclear I noted in the State of Illinois that smart political strategy, but we know plants, chemical plants, nuclear-power- 330,000 workers are making less than from what is happening around the generating facilities, amendments to what we are proposing as an increase in world it is a failed security policy. help first responders—party-line votes, the minimum wage. That means 330,000 Each day this Republican Government no. Republicans have obstructed our ef- individuals got up this morning and stays the course in Iraq, America forts and chosen to rubberstamp Presi- went to work in Illinois, taking on grows less safe. dent Bush’s failed security strategy. some of the tougher jobs, some of the With just 12 legislative days left be- Since we last met, 75 American sol- dirtier jobs, some of the jobs that de- fore the end of this Congress, I once diers have been killed. I do not know mand more time away from your fam- again ask my Republican colleagues: Is how many have been wounded. It is ap- ily, and they are faced with a wage now the time for the Senate to hold proaching 21,000. My friend, the distin- which cannot sustain their families. President Bush accountable for his guished minority whip, has focused on Imagine living in a State governed by failed policies and demand a new direc- the Federal minimum wage of $5.15 an doing something about head trauma tion? With the 5-year anniversary of 9/ with our veterans. In articles written hour—the same wage, the same level of 11 fast approaching—next Monday—it wage it was 9 years ago. For 9 straight this past week: 10 percent of those is time for America to refocus its ef- wounded have head trauma—10 per- years, the Republican Congress and the forts in the war on terror by imple- Republican President have refused to cent. That means 2,100 probably. And menting the recommendations of the 9/ that is only those who now recognize increase the minimum wage for the 11 Commission, changing course in lowest paid workers in America. This they have it. Iraq, and taking a smarter, better ap- As we know, as all the articles have breaks with tradition. proach to hunting terrorists and pre- Historically, this was a bipartisan said, a lot of the problems dealing with venting the next threat. We have 12 issue. We didn’t quarrel between Demo- one’s ability to think come later. A lot days to work together, not as Demo- crats and Republicans. We said: For of times you can’t see these head inju- crats and Republicans but as Ameri- goodness’ sake, justice and fairness re- ries, but these explosions cause the cans doing everything we can to keep quire that you give people who are brain to do things it is not capable of America safe. working so hard for so little money an handling. Yet we have been turned On this side of the aisle, we are will- increase once in a while. The cost of down in getting financial help for these ing to work on these national security living goes up; we know that. But for 9 people who have been wounded in Iraq. issues that we have read in the papers years, the Republicans have said no, no Since we last met, I don’t know how is what the Republicans want to focus increase in the minimum wage. many Iraqi civilians have been killed, on. We welcome that. But let’s do it on But there is an interesting thing to well over 1,000. I don’t know how many a bipartisan basis so that when we fin- note. During that same 9-year period, have been damaged for life by their ish our work, we are safer than when when we have said that the lowest paid wounds. And since we last met, we we started; not political diatribe, not workers in America should be stuck at have spent $12 billion of the taxpayers’ an effort to embarrass one another but making around $10,000 a year, Congress money in Iraq on this mismanaged war. reflecting on what the Chaplain said has voted itself an increase in pay of The Pentagon now believes all the con- today: $31,000 a year. We say no to millions of ditions exist for a civil war in Iraq. We Give Senators, during these challenging American workers, some of them single have a civil war in Iraq. When this times, the calmness of Your abiding pres- moms trying to raise their kids as best many people are killed, it is a civil ence. Break the tensions of partisan divi- sions with the soothing music of a unified ef- they can. We say no to increasing their war. The administration’s most recent fort. minimum wage, and we increase the report to Congress says it is only going We look forward to a unified effort. salary of Members of Congress. to get worse. We have taken a stand on the Demo- Our military faces shortages of We take the challenge of spending this month debating national security cratic side. It is not going to happen equipment and personnel that haven’t issues, if that is what the majority this year. If the Republican majority been seen since Vietnam. Not a single chooses. In the meantime, we recognize refuses to increase the minimum wage Army nondeployed combat brigade is what has not been done with the do- for millions of these workers, there currently prepared to meet its wartime mestic agenda, which is also extremely will be no increase in congressional mission, and the chief of the National important. pay. It is a small thing, maybe only Guard has said the Guard is ‘‘even fur- The PRESIDING OFFICER (Mr. symbolic, but it is an important sym- ther behind or in an even more dire sit- SUNUNU). The Senator from Illinois. bol. Finally, Members of the Senate uation than the Army.’’ At the same Mr. DURBIN. I ask unanimous con- and Members of Congress have to real- time, the war has emboldened regimes sent to be recognized as in morning ize there are consequences to their ac- in North Korea and Iran, two countries business. tions. which have grown their nuclear arse- The PRESIDING OFFICER. Without Yesterday, on Labor Day, I went to nals during this administration’s objection, it is so ordered. Rock Island, IL—one of our better Labor Day parades. Former Senator watch. f These are the consequences of stay- John Edwards was there. My colleague ing the course in Iraq: We are less safe, AN AMPLE AGENDA LANE EVANS, who is retiring from the we face greater threats, and we are less Mr. DURBIN. Mr. President, I salute House of Representatives, and a num- prepared to meet them. Throughout the Democratic leader for his opening ber of local people all came out to

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00006 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17083 speak to those who gathered to recog- cause what we have seen is that the oil child. I worry about him. Anyone nize the contributions of every working companies that are recording the high- would. American. The No. 1 issue was the min- est profits in their history have the To think that we have reached a imum wage. We are lucky our Gov- ability to raise these prices just as point in America where it is acceptable ernor, Rod Blagojevich, has raised the they raised them at gasoline stations that more and more people have no minimum wage in Illinois by State law. around your hometown. And we don’t coverage, no health insurance, is some- Some States have done that. They have have any control in Washington. The thing that is not consistent with the given up on waiting for the Federal best we could get was a comment from values of our Nation. We should be Government to do it. the President and some of the Repub- working on a bipartisan basis to extend If we want to do something before we lican congressional leaders about how health insurance—affordable, quality leave for the November election, unhappy they were with gasoline prices health insurance—to every American wouldn’t it be good to return to those but nothing more. There was no serious family. Estimates are that 48 million days when there was bipartisan support effort to penalize the oil companies Americans are without health insur- for an increase in the minimum wage? that have run up these profits at the ance today, which is roughly 1 out of 6 Couldn’t we pass even this week an in- expense of families and businesses and Americans. That doesn’t count the mil- crease in the minimum wage to $7.50 an farmers across America. We need a na- lions who have health insurance that is hour phased in over a few years? tional energy policy. worth little or nothing. Shouldn’t we at least say to these As I travel around my State and the Why are we not taking this on? Why hard-working Americans that we are country, it is very clear that elements isn’t this an issue on which Congress going to give them a helping hand to of that policy are obvious to most peo- focuses? It could be a good bipartisan raise their children and keep their fam- ple. We need to have more fuel-efficient issue for us to work on. When I think of ilies together, pay for daycare, pay for cars and trucks. The fuel economy of what we have been considering over the medicine, and food and clothing? That the vehicles we drive will do more to last several months before the August is something we could do. lessen our dependence on foreign oil recess, it is very clear to me that in- There is something else we could do. than anything else. Sixty percent of stead of a clarion call from Capitol Hill We have a Medicare prescription Part the oil we import goes right into the to unite behind an inspired program D which provides the possibility of low- tank. So if we want to have a serious that really moves us forward as a na- ering the cost of prescription drugs to effort toward reducing our dependence tion, what we have heard is the death millions of seniors across America. Be- on foreign oil, we need to have more rattle of a Congress that is dominated fore we leave, on a bipartisan basis, fuel-efficient cars and trucks. by special interest groups and those why don’t we say that the Medicare I have tried three different times who are looking for a political advan- Program can bargain with the pharma- over the last 4 years to put in a new tage as we approach the November 7 ceutical companies to get the best low CAFE standard for America so that the election. prices for seniors across America? That makers of these cars and trucks will The first special interest domination was a glaring omission in the original start building better cars and trucks is obvious by the trifecta bill. If you go bill. As a result, our seniors under this with better technology that use less to a racetrack—and I have been to a program are paying more today than fuel. I can’t get a majority, but I think few in Illinois—and you bet $2 on a they should. How do we know this? Be- the numbers are starting to change. trifecta, you know your odds of win- cause under the Veterans’ Administra- For the first time I am noting that ning are very low. It is a high-stakes tion policies, they bargained with the some of my Republican colleagues are bet. It is a high-risk bet. Many more drug companies, and for the 22 most seriously considering that possibility. people will lose than will win. So it is frequently prescribed drugs for seniors, We should do it. We could put in a new the right name for the Republican pro- the VA price for those drugs is substan- CAFE standard before we leave for the gram—the trifecta bill—that would tially lower than what seniors are pay- election and say to America: This is give a tax break to the wealthiest fam- ing today under the Medicare Program. the important first step in moving us ilies in America. Two-tenths of 1 per- So why don’t we, on a bipartisan toward less dependence on foreign oil. cent—that is, 2 families out of every basis, say that we will give to seniors Today, as we fill up our tanks, hand 1,000—would get a tax break, and they across America the same benefit, the over our cash and credit cards to pay are the wealthiest families in America. same helping hand that we give to our for it, understand that a portion of the Senator FRIST and his colleagues on veterans; that we will give them lower money that we pay at the gas station the Republican side have said this is drug prices? Most of these people we ends up in the hands of foreign govern- our highest priority. In the midst of a are talking about are on fixed incomes. ments, some of which are not on the war when we are asking for sacrifice They are trying to get by, and the cost same wavelength or on the same agen- from our brave soldiers, in the midst of of prescription drugs is going up. A da as the United States when it comes a war in Iraq when we are asking the helping hand for these Americans is to foreign policy. Sadly, some of the families of those soldiers who pray something we can achieve, something countries that we are sending money to every night for their safety to stand by we can do. It is something we ought to for oil are using the proceeds from that our country, in the midst of a war in focus on in a bipartisan effort in the oil to support terrorism. That is unac- Iraq where we have spent over $300 bil- closing days of this session to really ceptable. We need to have an energy lion, with no end in sight, as we fight help those Americans. policy which reduces our dependence a war that costs us up to $3 billion a There are so many other things we on foreign oil and, in fact, burns less week, which requires that we cut back can do, and I sincerely hope that we do. fuel when we drive our cars and trucks, on spending at home for education and When you consider the national energy not only saving us money as individ- health care, in the midst of this situa- situation, we have noticed in the Mid- uals and families and businesses but tion, this President and his Republican west the price of gasoline started com- also reducing pollution in the process counterparts in Congress have identi- ing down again. I don’t know if other and reducing the threat of global fied as their highest priority cutting Members have noticed that. Interesting warming. taxes for the wealthiest people in timing, isn’t it? As the vacation season A lot of families across Illinois come America. ends and Americans are no longer driv- up to me and talk about the cost of This is the first President in the re- ing across the country with their fami- health care. It has reached a point for corded history of the United States of lies, burning up more gasoline, the some that is sad and painful and many America to ever ask for a tax cut in a price is starting to come down. I would times embarrassing. At one of my town war, for obvious reasons. If you have a like to believe that this is a trend that meetings, a man came up afterwards budget for the country and then a war will continue and the prices will get and said: I am one of those families, on top of it, every other President in much lower, but I am not confident be- those uninsured families. I have a sick our history has understood that you

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00007 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17084 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 cannot cut taxes. Most of them have mission not yet accomplished. We need that it was unsafe to be exposed to sec- raised taxes to try to pay for the war. to do more to go after al-Qaida. Unfor- ondhand smoke on airplanes, people But not this President, not this Con- tunately, this administration has not started asking the obvious questions: gress; they are cutting taxes in the focused the resources necessary. They Is it safe in an office? Is it safe in a midst of a war, driving us deeper and have disbanded the effort to find hospital? Is it safe on an Amtrak train deeper into deficit—a debt which our Osama bin Laden in the CIA, a special or on a bus? America started moving children and their children will carry group put together for that purpose. I toward a new standard over the last 16 for generations. That is not fiscally believe it is time to renew that effort, years, and I am happy to say there are sound. It doesn’t add up. To think that that commitment toward removing al- now fewer and fewer places in America is a much higher priority to many in Qaida to make America safe. where you are exposed to secondhand the leadership on the other side of the Mr. President, as we see the agenda smoke. Most smokers who are still ad- aisle is an indication of how far we before us in the next few weeks, there dicted at least ask permission before have moved away from mainstream are several things we can move forward lighting up. Most know it is better to thinking in America. with on a bipartisan basis: the min- go outside. That is a changing standard A lot of people are dissatisfied with imum wage, doing something about in America and one that I believe has this country’s direction. A recent poll Medicare prescription Part D, and led to a healthier nation. announced last week that two out of making certain we move toward a na- three people in America say our Nation tion with an energy policy that will Make no mistake, while we have is on the wrong track, that we need a sustain the growth of our economy and made progress in dealing with tobacco, new direction, that we can do better. not destroy the environment in which the tobacco companies have still been We asked them: What is it you are we live. We can accomplish these selling their deadly product. As they thinking of when you speak of this? things—and we should—in the days sell that product, we learn more and They say, No. 1, the war in Iraq. Some- ahead. more about their corporate strategy. Let me read to you the opening line in thing is wrong here. This is not what f we were told we would get into. We an editorial last week written in were promised by this administration THE TOBACCO INDUSTRY Newsday, a publication in New York: that removing Saddam Hussein would Mr. DURBIN. Mr. President, when I Lying is as natural to tobacco executives result in the Iraqi people greeting us came to Congress years ago, I had no as breathing once was to their customers. with open arms, that we would see idea that one of the major issues I them move toward a democracy and set would face and be involved in was the They were reacting to last week’s a standard for the rest of the world. tobacco industry. Now, I knew what to- stunning disclosure that the tobacco Well, here we are in the fourth year of bacco had done to my family. I lost my industry is up to its same old tricks. this war, having lost so many of our father when he was 53 years old. He During the last 6 years, cigarette man- brave soldiers, and we are not close to died of lung cancer. He smoked two ufacturers have steadily increased the that goal. There is no end in sight. The packs of cigarettes a day. I was just a level of nicotine smokers inhale every President’s answer is a throwaway sophomore in high school when he died. time they smoke. Nicotine, of course, phrase: ‘‘Just stay the course.’’ I stood there by his bed at his last is that addictive chemical in the ciga- The President has said that there breath and thought to myself, I hope I rettes which leads people to smoke won’t be a serious discussion of remov- am smart enough to never be addicted even more. During the same 6-year pe- ing American troops under his watch. to tobacco, because I have seen his riod of time, more and more cities and That is up to the next President, he young life destroyed by it. States have been expanding protections said. That means waiting more than 2 I didn’t swear to go against the to- for people to play and work away from years to really start bringing American bacco companies. That sure wasn’t the secondhand smoke, while the industry troops home. Is it any wonder the reason I ran for office. But the time has been loading up their product with American people are upset with that, came, as a Member of the House of more nicotine so that it is tougher to that they think we need a new direc- Representatives, when issues started quit. tion in Iraq? presenting themselves involving to- The Surgeon General of the United They understand that when it comes bacco. As they presented themselves, I States found definitively that second- to the war on terrorism, we were at- recalled my personal and family expe- hand smoke is dangerous. Of the 45 mil- tacked on 9/11 by al-Qaida, Osama bin rience with death and disease from to- lion Americans who still smoke today, Laden, and the al-Qaida terrorists. I bacco, and I decided to get involved. 70 percent say they want to quit. It is served on the Senate Intelligence Com- About 15 or 16 years ago, I introduced tough to quit. It is made even more dif- a bill to ban smoking on airplanes. I mittee at that time. The best esti- ficult because the cigarette manufac- was a Member of the House and didn’t mates we had were that there were turers put more of the addictive nico- know any better, and I was told by the 20,000 of these willful killers around the tine chemical in the cigarettes. We experts: You are going to lose; nobody world who launched that attack on the know that now. The tobacco industry United States. Our intelligence agen- beats the tobacco lobby; they are too was found guilty of racketeering, of in- cies report today that they estimate powerful in this town. All of the leader- tentionally manipulating nicotine lev- there are 50,000 members of al-Qaida ship on both sides of the aisle in the els to create more addiction to ciga- around the world. We know that before House opposed my amendment. To my rettes. While they are running this ad- our invasion of Iraq, there was vir- great surprise, it passed anyway. It vertising about how dangerous it is to tually no evidence of al-Qaida in the turns out that Members of the House of smoke, to talk to your kids—while you nation of Iraq. Today, al-Qaida has be- Representatives, and ultimately Mem- see those ads on television and see come a potent force, sowing seeds of bers of the Senate, are frequent fliers. what is going on in newspapers and discord within Iraq and launching at- They knew how ridiculous it was to magazines, all this advertising not- tacks against American soldiers. Al- have smoking sections on airplanes and withstanding, they are pumping more Qaida’s franchise has arrived in Iraq nonsmoking sections. Eventually, we since we invaded. reached a point where there was no and more of this addictive nicotine So we have a big job ahead of us to smoking on airplanes. My colleague into their product. make America safe in a dangerous from New Jersey, FRANK LAUTENBERG, We passed in the Senate a provision world, protect against terrorism. We carried this bill successfully in the that would have given the FDA the au- should go back to where we started, Senate. Together, we worked and thority to regulate cigarettes. It died when the overwhelming majority of the banned smoking on airplanes. in conference. Once it went into a con- Senate voted to go after al-Qaida and A lot of things have happened in ference with the House of Representa- the Taliban in Afghanistan. That is a America since. Once we established tives, they stopped it. So this deadly

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product of tobacco and cigarettes con- to stop misleading customers about The PRESIDING OFFICER (Mr. COR- tinues to be the only product in Amer- light and low-tar labels on their ciga- NYN). The clerk will call the roll. ica that is widely sold and is not regu- rettes meant they had to stop deceiv- The assistant legislative clerk pro- lated by our Government. It is not reg- ing people overseas. They wanted to ceeded to call the roll. ulated in terms of its contents or its know if they could still practice their Mr. THOMAS. Mr. President, I ask marketing or advertising. You would deception of their products they sell unanimous consent that the order for think that in a situation such as this, around the world, even though they the quorum call be rescinded. the tobacco industry would have spent have been told not to do it in the The PRESIDING OFFICER. Without the last 6 years cringing over the feel- United States. What a great industry. objection, it is so ordered. ing that their product was so deadly. The Washington Post this morning Mr. THOMAS. I understand we are in No, they decided to crank up the nico- said: morning business; is that correct? tine levels in popular brands of ciga- (I)n a sign of the boundless rapaciousness The PRESIDING OFFICER. That is rettes. They made their deadly product of these companies in marketing death, they correct. even harder to quit using. If you are had the temerity to ask [the judge] not to f one of the 70 percent of smokers who apply her order ‘‘to sales wholly outside the United States.’’ If we can’t continue to de- ISSUES FACING AMERICA really want to quit, tried to quit and fraud Americans into killing themselves, haven’t been able to, thank the manu- Mr. THOMAS. Mr. President, it is they effectively asked, can we at least keep nice to be back after having nearly a facturers of that cigarette you are suggesting to billions of people abroad that smoking; they made sure there is some cigarettes are safer than others? month break. It is a good opportunity to come back and see what the rest of enough nicotine in every pack so that Think about that. They had the the world is like. I think we have a lot it is tough for you to stop your addic- nerve to ask if they could sell this of great challenges before us, and I tion. product overseas and continue to de- hope we can accomplish a great deal. Of course, the cigarette industry ceive when they have been stopped To do that, we are going to have to won’t even consider informing their from doing so in the United States. If have some agreement among the folks customers of the higher levels of nico- any doubts remain about this ruling here. tine. Instead, the companies ran ad and the willingness of this industry to I am compelled to come to the Cham- campaigns promoting ‘‘light’’ and ‘‘low play fair, last week’s news put it to ber because there has been a great deal tar’’ brands—descriptions that were rest. meaningless and only misled people Nicotine levels spiked even while this of criticism on the floor today of the into buying and smoking more ciga- trial was underway, and there was no Congress and the lack of activity in the rettes. one—no industry representative, no Congress over time, and certainly all of Newsday wasn’t the only publication Federal agency, no consumer group us agree we could do more and we need to speak out on this issue. The New with access to the information—no one to do more. In order to do that, we York Times wrote: to question the cigarette makers. If it have to come to some sort of an agree- It is stunning to discover how easily this were not for the State law and diligent ment. rogue industry was able to increase public health requirements in Massachusetts, One of the problems with getting consumption of nicotine without anyone we still would not know. things done with 55 votes is that any- knowing about it until Massachusetts blew The very helpful nicotine replace- one can object, and it takes 60 votes to the whistle. . . . It is long past time for Con- override that, and we have had a lot of gress to bring this damaging and deceitful ment products people use to help them quit smoking are not very effective if that experience from our friends on the industry under Federal regulatory control. other side of the aisle. So we need to do You have to hand it to the cigarette the cigarettes they are trying to give up are delivering much more nicotine. a great deal more than we have been makers. It is a great business plan. able to do. Every day, 4,000 teenagers take their Who is going to tell the consumers? The cigarette makers have gotten I am hopeful we can begin to talk first cigarette and start smoking. They away with this latest spike in nicotine, more about issues. There is a difference don’t need to smoke very long before as they have gotten away with lies and of view about issues. That is what the their bodies have absorbed a lot of nic- deceptions in the past. Senate is all about. There are dif- otine and they are on to an addiction. I have proposed, along with others, ferences of views everywhere. We ought If you are addicted to cigarettes, of regulating this industry. It is time for to talk about the issues and not just course, you want more of them. us to know the contents of this prod- talk about politics. So I hope we can The latest stand came several weeks uct, to market it in an honest fashion, address those issues in a more direct after a Federal court found the ciga- and to put meaningful warning labels way and not just simply be critical in rette makers guilty of racketeering. on cigarette packages in the hopes that order to talk about the future in terms The Washington Post says of Judge we can stop young people from taking of the Congress. I am here to say we Kessler’s opinion that it: up this habit. haven’t done all we would like to do. . . . is moving and powerful. It is exhaus- I have said, in my entire life, I have No one would argue with that. On the tive in scope, detailed and utterly con- other hand, we have accomplished vincing that the industry sought for five dec- never heard a single parent come to me ades to mislead the American people and and say: I have the greatest news in the quite a number of things over a period Government concerning the deadly con- world: My daughter has decided to of time. We have a great deal to do and sequences of smoking. smoke. I have never heard that because a great many challenges. After several years of litigation parents know intuitively—and we all Securing the homeland has been one against the industry by the U.S. De- know intuitively—that it is the begin- of the top issues, of course, because of partment of Justice, Judge Kessler ning of an addiction which can lead to the threats we have going back to 11 found: compromised health and death. September and the continuing threats Defendants have marketed and sold their I urge my colleagues who have we hear about, whether it be in London lethal product with zeal, with deception, turned their back on this tobacco issue or whether it be in the Middle East. with the single-minded focus on their finan- for too long to acknowledge what has There is a terror problem in this world. cial success, and without regard for their happened with these decisions and with We have a PATRIOT Act that gives us human tragedy or social costs that success this disclosure by the Massachusetts much more strength to be able to deal exacted. health department. We need to do with the kinds of things that are going Two weeks after the strong rebuke of more. We need to regulate this product, on. We have secured the borders much the industry’s practices, the cigarette and we need to protect American con- more than we have in the past. Is there makers filed a motion with Judge sumers. more to do? Absolutely. We have 14,000 Kessler. Do you know what they want- Mr. President, I suggest the absence agents and 25,000 beds to deal with the ed to know? They asked if her directive of a quorum. problem at the border.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00009 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17086 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 I am one who believes we ought to be Now, of course, we are working on al- Court, 14 circuit judges, and 34 district doing something on immigration. I be- ternative sources. court judges. Does that mean we have lieve we ought to continue to tighten Those do not happen overnight, so it done nothing in the Congress? I don’t the border. We ought to initiate efforts will be 15 or 20 years before some of believe that is true. to define who is illegal and who isn’t. these new sources become important, We have more to do. There is always We should be able to get employers to but they will be, and that is the kind of that thought. I am disappointed we report whom they have as illegal and looking forward that I believe we have have not moved faster on the appro- so on, and we need to do some of those to have. priations bills. Traditionally, we things. I am not for giving amnesty, As a result of this Congress, we have should be further along than we are. but we can deal with the problems we an energy policy that is working out Part of the problem, of course, is there have, and I hope we can come together for alternative sources, working out for are real problems with spending. We and do some things. We have funded more efficiency and more conservation have to do something about spending. the war on terror, and there is a war on in our use. We have to do that over We can’t continue to spend at the rate terror. time. There is no question about that. that we had to spend because we had Securing America’s prosperity. We These are very important things that emergencies, such as Katrina and such have heard a great deal about the econ- have been done. If you just listen to as the war on terror and Iraq. When omy in the last few days with the lat- the media and listen to what some- you do that in your business or your est reports. We have created 5.3 million times is said here, as it was this morn- family, you have to change; go back jobs over the last couple of years. That ing, you would think nothing has been and make the changes to pick up what is a lot of work. That is a lot of jobs. done, and it has. As much as we want? you had to do in the emergency. That We have had a reduction in unemploy- Of course not. Everything we want? Of is where we are now, seeking to make ment. We have had a good deal more course not. Nevertheless, a good deal those differences. activity in the economic sector, and has been done. Within Government we have done there is no question about that. We have done some things in edu- some lobbying reform. It needed to be Now, some places are different from cation. We increased the Pell grants for done. We have done some of that. We others. In my State, we have had a math and science competitiveness. We have worked on the Voting Rights Act. great deal of economic opportunity. We continue to strengthen our schools. I guess I am a little impatient, com- have lower unemployment than we More funding has gone to education. ing back from having worked in my have had for a very long time. We have done that here. Those are We have managed to reduce taxes. I positive things that are changing our State where people are reasonably think that is a good thing. That is country. happy with what is happening, and what has encouraged the economy. We have had a good deal of trouble then listening to the total negative re- That is what has created these new job with lawsuits over a period of time. We action we have on the floor this morn- opportunities. had some class action reform this past ing about having done nothing when We cut taxes by $70 billion. Most of year, and bankruptcy reform, so people that is not the case. Could we do more? us agree that we ought to be able to are treated better under the law. Of course, we should do more. keep the taxes as low as we can and We have had gun liability reform, I will not take much more time, al- continue to provide the services. which means a lot to many people. though it looks as if I could take as We have cut entitlement growth in I guess I continue to repeat myself, much time as I choose this morning. I terms of trying to deal with the deficit. but I think it is so unfair to say that am sure we will get on into it. We need to do much more with the def- things haven’t been done, that we We have a lot of challenges. There is icit, but we have cut entitlement haven’t done anything, the do-nothing no question about that. Homeland se- growth—$100 billion in the 10 years to Congress. It is not true. Could we do curity is one of those challenges. We come. more? Of course. have other things we need to deal with. There are things that we are doing. As I said, one of the reasons we have I wish we could deal with immigration. We have accomplished a good deal, al- not done more is because, under the That is one of the things I would like though there is much more to do. system, the minority can object and to do. There is no question about that. But can stop things from happening, and I am very much involved in energy, we ought to do it by planning together, has a great deal. in the Energy Committee. My State is by deciding together. The idea of just We have done a good deal more with an energy State. We have a lot to do making this criticism doesn’t get much our infrastructure, with highways. We there to move forward. done. have had great changes in that. In any event, I guess I am really say- We have worked on energy. We have On health care—one of the things ing we need an attitude that is a do- done a great deal on energy. Certainly that is most important to us and which something attitude. We absolutely dis- we wish prices were still lower, but the has great challenges—we have done a agree about some of the issues. That is fact is, we have had the energy, and great deal with drugs, the Part D drug part of the system. We are going to that is an interesting thing. With all benefit. That gives more opportuni- have that as we are getting into an the dislocation there has been in the ties—83 percent of the people in Wyo- election. That is part of the system. Middle East, with all the dependency ming who are eligible have signed up But we need to be honest about the we have had on energy in the Middle for the Part D health care. I happen to fact that we have done some things. We East, we have still been able to keep work as cochairman of the group on have things to do, and we need to work our energy supply going. rural health care. Rural health care is together to get them done. It seems to Now, interestingly enough, gas prices a little different, and we have to take me that is our challenge. a look at some of the problems that are are going down. There are new discov- I yield the floor and suggest the ab- different from metropolitan areas. We eries in the gulf coast which we in the sence of a quorum. Congress opened recently. That is a have accomplished a great deal, having very important thing to help us with more providers be there. We have made The PRESIDING OFFICER. The energy. It could create a real oppor- the cost payments equal in rural areas. clerk will call the roll. tunity for us to have lower energy So we have done a good deal there. We The assistant legislative clerk pro- prices. But the fact is, over time we have worked on adult stem cell therapy ceeded to call the roll. have to find some new sources of en- with cord blood. We have done those Mr. CARPER. Mr. President, I ask ergy. things. There has been work on tech- unanimous consent that the order for We have an energy bill that is in nology, work that needed to be done. the quorum call be dispensed with. place, an energy policy passed in this On the Supreme Court, of course, two The PRESIDING OFFICER. Without Congress for the first time in years. judges have been put on the Supreme objection, it is so ordered.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00010 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17087 THIRD WAY out of his way to try to bring people to- last year. Listen to this: Afghanistan is Mr. CARPER. Mr. President, it is gether, to try to find common ground, now producing a third more opium good to see you, and it is good to be to try to come up with a better solu- than the world’s heroin addicts are cry- back in the Senate with you and our tion to the challenges that we face day ing out for. They are producing more colleagues. With tongue in cheek, peo- in and day out in this country and in heroin in Afghanistan than this coun- ple ask me what I like about the Sen- the Senate. try and the rest of the world can con- ate. I draw an analogy about when I I wish I could honestly say the same sume. Who is profiting from this drug was in elementary school. What I liked thing today about our President, but I trade? The Taliban and the Afghan in- most about elementary school was re- am sorry to say that I cannot. I wish surgency who are trying to destabilize cess. Now that I serve in the Senate, I that instead of trying to politicize the the government we put in place. am still quite fond of recesses. It is a war on terror and the situation in Iraq, Meanwhile, Iran and North Korea, great time to go back home—whether or to insinuate that Democrats don’t emboldened by our distractions in Iraq it is Texas, Delaware, or anywhere— have the strength to stand up to our and the lack of effective diplomacy by and reconnect with the folks we serve enemy, that he would sit down with us the United States, are now defying the and with our families. and talk about how we might move for- international community in their pur- I just had an opportunity to talk to ward in Iraq and around the world. suit of nuclear weapons. It is clear, at least to me and I be- the Presiding Officer about what he I am reminded of the 8 years when I lieve to a lot of the people I talked to did. It is good to be back and to re- was Governor of Delaware. Every week back in Delaware over the course of the charge the batteries and to focus. Now that the Delaware Legislature was in last several weeks, that we need a new that we are back, I look forward to session I would host, as my prede- direction from this President, from doing that with you, Mr. President. cessor, Governor Mike Castle, and my Twelve years ago this summer, six successor, Governor Ruth Ann Minner this administration. At least so far we Democratic centrist Senators pulled have hosted every Tuesday, a bipar- have not seen or planned to correct together to provide support for the tisan lunch for the leaders of the house some of the mistakes we have made to put us back on the right track. founding and launching of something and senate. We would meet in the Gov- None of us have all the answers. I called Third Way. Third Way is a think ernor’s house, which was close to the capitol, where we may have lunch to- don’t; I don’t believe any of us do. But tank which seeks to find a third way to I do know one thing: Our President deal with some of the issues and some gether and talk for an hour or so, and then we would go to work for the legis- needs to get over his ideological aver- of the challenges that face us today— sion to diplomacy if we are going to lative day. Sometimes we would talk not necessarily a Democratic or Repub- solve the other problems facing us in about our families, sports, or the lican approach but a different ap- Iraq and around the world. proach. Thinking outside of the box, weather. A lot of times we talked As one of our American Ambassadors every month or so Third Way presents about the issues that were before us. said to me not long ago when I was One of the questions I would often smart people who come to work there overseas: Just because we ignore some- ask of Democratic and Republican with their ideas and their thoughts on one doesn’t mean they are going away. what we might do or should be doing leaders in the House and Senate who With all due respect, I believe our differently to move our country for- were gathered there in the Governor’s President needs to reach out to the ward. house that particular day was whether international community, to moderate Just a few months ago, in one of the they had criticism of a policy or an Arab governments, to broker an agree- rooms outside of the Senate floor, a issue that we would propose. I would ment between sectarian governments number of our colleagues, joined by ask them: What do you think we in Iraq to head off civil war. General Wesley Clark, Congressman should do? What do you like about When I was abroad this last Decem- STENY HOYER, the Democratic whip what we are proposing and where do ber, I met with officials from Israel, from the House, and a woman named you think we could improve on our Jordan, Saudi Arabia, Kuwait, and Sharon Burke from Third Way, joined policies? Iraq. I heard from a number of folks together to talk about the path and the And with respect to some of the poli- from a number of the countries, and course our country is on and whether it cies of this administration—the Presi- the leaders of those countries that we is time for us to continue the course or dent’s policies—in too many instances visited, that they have tribal rela- stay the course or whether it is the they haven’t worked. At least with re- tions—tribes in Saudi Arabia, for ex- right time, in some ways at least, to spect to what is going on in Iraq today, ample; Jordan has tribal relations with change course. they have not made us any safer. the tribes in the country of Iraq. Third Way has done great work, As one who served 23 years on active Saudis, Egyptians, and others are ma- working particularly with the situa- duty with the Reserve as a Naval flight jority Sunni, and they have relations tion in Afghanistan and Iraq, and of- officer, I served in a hot war in Viet- there as well. Some of those countries fered some of their thoughts to us nam and a Cold War for many years have a lot of money. A good deal of it which are actually found in this docu- after that. I love our troops. I love the is our money because we buy their oil ment. It is not all that long. It is a folks in the Army, Navy, Air Force, products. They have a number of incen- very well documented and very sober- and Marines, people in the Guard and tives not to want to see that part of ing assessment. Given the source of Reserve who serve with great distinc- the world devolve into terrorism, to see their comments, I think it bears spe- tion and honor. Anything I said or, Iraq become a hotbed of terrorism and cial attention. The world changed on frankly, we said as a group a few min- to be destabilized. It is not in the inter- September 11. I know that, and I think utes ago when we released this report ests of any of the countries I have men- we all know that. In addition, the should be viewed as expressing our sup- tioned and some I have not mentioned. world has changed a whole lot since port and our thanks and gratitude for We have to be smart enough as a September 11. those serving us in harm’s way to- country and with our administration This report from Third Way shows in gether. to call on the other countries to bring ways which I think are sobering and Back in 2003, it was estimated there to bear not just their money to help compelling that some of those changes were roughly over 5,000 insurgents in the situation in Iraq but the relation- have not been for the better. Iraq. That was 3 years ago. Now we be- ships that their people have with the I think if you ask most people in the lieve there are more than 20,000 insur- tribes in Iraq and, frankly, with the Senate, both Republicans and Demo- gents in Iraq. In Afghanistan, the num- Sunnis and with other elements of crats, what they think about me, ber of Taliban attacks has skyrocketed those of the population in Iraq. We among other things they might say, I in the past 3 years. need to work with our allies to estab- think a number of them would say they We learned this week that opium pro- lish a real and credible roadmap to have found me to be someone who goes duction is up almost 60 percent from peace in the Middle East.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00011 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17088 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 I remember having lunch about 15 Mr. CORNYN. I ask unanimous con- not be over but merely take place in a months ago, in Washington on the sent to speak for a minimum of 15 min- different location—unfortunately, other side of the Capitol, with Pales- utes in morning business. right back in the United States. tinian President Abbas, along with The PRESIDING OFFICER. Without The threat is that of those who be- some of our colleagues. He had been in objection, it is so ordered. lieve in an extreme version of one of office for 5 months. He was elected in f the world’s great religions and who be- lieve this extremism—some have called January of last year. Over lunch, I CONFRONTING TERRORISM asked: President Abbas, when do you it Islamic fascism—this hijacking of think it would be an appropriate time Mr. CORNYN. Mr. President, I was one of the world’s great religions has for us, for this country, to put in the delighted to hear my friend and our justified in their minds the killing of Middle East a high-level, full-time colleague from Delaware speak a few innocent men, women, and children envoy, to work every day to implement moments ago. I like and admire him a and the establishment ultimately of a the roadmap to peace? When would be great deal. I take him at his word when theocratic or religious State. It does a good time to do that? he says we ought to work more closely not respect individual rights. It does This was June of last year. He had together in a bipartisan spirit to solve not respect the right to worship ac- been elected January 6 last year. I will the Nation’s problems. cording to the dictates of your own While I have said how much I have never forget what he said to me. He conscience. It certainly does not recog- admired and respected him, I disagree said: Five months ago. nize freedom of speech and freedom of with him. That is what we are cer- I was convinced that day, convinced expression and certainly does not rec- tainly at liberty to do in the Senate. I when I have gone to the Middle East, I ognize the rights of women as equal hope we do not degenerate into dis- am convinced today that we have let a members of society. agreements being personal or that dis- great opportunity slip through our fin- The important point I make is that agreements, particularly when it gers. One of the reasons the Taliban, some of our colleagues on the other comes to security matters, cast asper- al-Qaida or the other terrorist groups side of the aisle who doubt we are at sions on one’s patriotism. were able to recruit people to blow I certainly do not doubt the patriot- war, who doubt the global nature of the themselves up, to terrorize those coun- ism of those who disagree with our cur- war, and who say if we were merely to tries and to try to kill the rest of us is rent policy in the global war on terror, bring our troops home from Iraq the because of their ability to point to the but there are some important reasons threat would evaporate, one of the mis- Middle East and say: Look at the why their policies would lead us down takes they make is they fail to per- Americans, they are only for the a path—assuming they have a policy or ceive when this war started. Israelis. They have no interest in the a plan—dangerous to this country’s se- If you were to ask, I bet many of Palestinians having a homeland of curity. them would say the war started on their own. It is imperative for Members of the September 11, 2001. However, the war To the extent we could have brokered Senate, those who have been entrusted had long been raging against America over the last couple of years and put with this sacred responsibility to rep- before September 11, 2001; America had the kind of energy, time, and invest- resent the American people, the people simply failed to realize it. One useful ment into getting a negotiated settle- of my State of Texas, all 23 million, it date for identifying when the start of ment in the Middle East, as we have is imperative to explain to the Amer- this war began would be November 4, put other kinds of investments in Iraq ican people the threat that confronts 1979. That was the date that 66 Amer- and in Afghanistan, both we and those our Nation today from a national secu- ican citizens were kidnapped and held countries and, I think, our people and rity perspective and the consequences hostage in the American embassy in other people would be better off, but we of our failing to deal with that threat Iran for a period of 444 days. Or you have missed that opportunity. My fear in a way that will be likely to accom- might say the war started in 1983, when is we are missing it again today. The plish peace and stability in troubled re- 241 marines were killed in the Marine roadmap for peace has become in the gions of the world such as the Middle barracks in Beirut, Lebanon, by Middle East, at least for now, a road- East. Hezbollah—the same terrorist organi- map to war. I fear the big disagreement between zation, a proxy of Iran through Syria, Let me close by saying what is need- some of my colleagues and I on this that recently rained down Katyusha ed in this capital, in this country, is issue has to do with a different percep- rockets on northern Israel, this same leadership that fosters a cooperative tion of the threat and perhaps a dif- terrorist organization that has killed spirit. That may be a tribal man’s hope ferent perception of what the con- more American citizens than any other over peace, triumph over reality as we sequences would be for failing to deal in world history, save and except for approach an election 2 months out, but with that threat, so I will talk about al-Qaida. Or you could say the war I believe that is what is needed—the that for a moment. started in 1993, when al-Qaida engi- kind of leadership that fosters a coop- Contrary to what some of our col- neered the bombing of the World Trade erative spirit. If we cannot get that leagues have said, this threat that our Center in a failed attempt to bring leadership now before the election, my Nation confronts is not limited to Iraq. down that trade center, which they God, I hope we can find it when this It is not limited to Afghanistan. In- successfully accomplished 8 years election is over. I hope our President deed, some have spoken about the need later. can give us that kind of leadership and to bring our troops home from Iraq, as You could say part of that war that work with those who are anxious and if, if we did so, all of our problems started, perhaps as far back as 1979, willing to truly make this country and would go away and the threat with continued when 17 American sailors the world a safer place during his 2 re- which our Nation is confronted would were killed when the USS Cole was maining years in office. simply evaporate. That is simply wish- bombed. And yes, the date we focus on I yield the floor and suggest the ab- ful thinking. the most, that had the most dramatic sence of a quorum. Indeed, some have said this is not a impact on us right here at home, was The PRESIDING OFFICER (Mr. war at all, this is more of a police ac- September 11, 2001, the fifth anniver- BURR). The clerk will call the roll. tion; this is something that is cer- sary of which will be coming up in the The bill clerk proceeded to call the tainly not like World War II, when we next few days. roll. knew who the enemy was and we knew But some people act as if September Mr. CORNYN. Mr. President, I ask the threat, or at least after a while we 11, 2001, was the single and solitary unanimous consent that the order for finally learned what the threat was to event that defined this war of Islamic the quorum call be rescinded. civilization as we know it. extremists who hate our way of life and The PRESIDING OFFICER. Without This war is not limited to Iraq. So if simply want to eliminate it from the objection, it is so ordered. we were to leave Iraq, the war would face of the Earth, along with our ally

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They do not number of different measures, that we Islamic extremism that will endanger connect the dots to what happened in have undertaken—whether it is passing the next generation—which will change Beslan, Russia, at that school; Bali; the PATRIOT Act; whether it is the very way of life of our children and Madrid; London; Mumbai—places through the use of a terrorist surveil- grandchildren—unless we meet that where individuals, driven by this ex- lance program that intercepts inter- threat, we will have failed to live up to tremist ideology, which says that men, national phone calls between terrorist our responsibilities. women, and children are simply fair organizations and their allies in the Some of our colleagues say we should game in pursuit of their agenda—are United States; whether it is rooting merely leave Iraq, bring our troops driven with such hatred that they will out terrorist financing networks, home as soon as possible. There is no make no distinctions between armed which take the money out of the net- one who wants our troops home any citizens, military, people who can de- works that actually fund terrorist at- faster than I do. But we have to do so fend themselves or not—and, yes, these tacks; whether it is the capture and in- based upon the ability of the Iraqis to are the same individuals driven by the terrogation of unlawful enemy combat- provide their own security. That is why same ideology that recently rained ants and getting good actual intel- we continue to train hundreds of thou- down more than 2,000 rockets out of ligence from them in the Guantanamo sands of Iraqi police officers and sol- southern Lebanon into northern Israel. Bay facility; whether it is the informa- diers so they can provide that security. Hezbollah, supplied by Syria and Iran, tion gathering, intelligence gathering Sure, we could leave. We could leave delivered these very rockets. and sharing we have done—all of these today. But as General John Abizaid Some wonder why America is so de- efforts since 9/11 have, I believe, con- said, the head of Central Command: If termined to make sure Iran does not tributed, in large part, to America not we leave now, they will follow us here. get nuclear weapons. One reason why it suffering another terrorist attack on If we were to leave before we had a is so critical we stop President our own soil in the last 5 years. reasonable opportunity for the Iraqi Ahmadi-Nejad and his regime from get- I also believe the fact we are fighting people to provide for their own security ting nuclear weapons is: Do you doubt this radical ideology abroad in places and provide for their own government for a minute that if Iran had nuclear such as Afghanistan and Iraq is part of and self-determination, what would weapons they could have supplied the reason we are not fighting that that say about the sacrifices of so Hezbollah to carry out those attacks battle right here at home. many who have given so much to lib- on Israel they would have withheld I believe we are in a time of choosing, erate the Iraqi people from a terrible their hand, that they would have failed certainly in a time of testing. But we dictator, to provide the people of Af- to use them? I have no doubt in my simply have a choice whether we want ghanistan an opportunity to vote in mind that, based on this war against safety or we are willing to live with the free and fair elections for their own the West and against America, and spe- danger of terrorists able to strike at leaders? Would that have all been in cifically that has been raging since virtually any time they wish, whether vain? 1979, that if terrorist states, and those we believe strongly enough in our What would come of America’s word who support Islamic extremism, Is- American values of freedom or whether and our commitment, when we ask lamic fascism, if they had it within we are willing to cower under this brave Iraqis to step forward and to vol- their power to supply biological, chem- threat and live under tyranny, whether unteer to serve in the police or in the ical or nuclear weapons to terrorists in we believe strongly enough that open, army or to try to go about their life as order to accomplish their goals, they transparent societies and self-deter- much as possible by participating in would use them. mination are important or whether we free and fair elections, if we were to That is the challenge we must meet. are willing to live in some sort of leave prematurely before they were A few months ago, my wife and I vis- prisonlike lockdown. This is a time for able to provide for their own security, ited the battlefield at Gettysburg, testing our determination. And this is before they would be able to continue where 50,000 American casualties suf- a time of choosing what kind of Amer- on the glidepath to self-determination fered from wounds. Many died as a re- ica we want. and a better life? sult of that great conflict so many I know one of the most basic im- Does anybody have any doubt that years ago. I was reminded at the time pulses of every parent is to hope for a the criminals, that the jihadists, that that one of the greatest challenges better life for their children and grand- the sectarian violence would lay claim Abraham Lincoln had at the time of children than they themselves perhaps to those individuals, those brave indi- that battle was convincing the Amer- had. That is one of the reasons why viduals who have allied themselves ican people that the desire to maintain parents have worked so hard and with America in an attempt to provide the Union, the need to maintain the pushed their children so hard to a peaceful and democratic Iraq? Union, justified continuation of war achieve and be successful, so that they What would it mean if we left imme- until it was successfully concluded. may enjoy the standard of living and diately? Well, I think it would mean Our job, in some ways, is exactly the the opportunities that living in the that, like Afghanistan—which was the same today because there is no mili- United States has to offer. launching pad for al-Qaida, with a tary force on the face of the Earth that I certainly know that was the reason friendly government such as the is more powerful than that of the U.S. my parents worked hard, that my fa- Taliban—we would have another failed military. We are simply the best, and ther flew B–17s in World War II and state where terrorists could plan, fi- no one else even comes close. The only knocked out Hitler’s war machine be- nance, train, and then export their ter- way the U.S. military can be defeated fore being captured as a prisoner of rorist attacks to places such as the is if they lose the support of the Amer- war. I believe the threat confronting United States. ican people and we simply tell them to our country and our way of life—in- Yes, I believe this is the test of our quit and to withdraw. deed, the entire Western civilization— generation, just like my parents’ gen- I believe the consequences of our is equally as great as the threat faced eration, the ‘‘Greatest Generation,’’ quitting and withdrawing or giving up by the ‘‘Greatest Generation,’’ people met their test in World War II. And for in Iraq and in fighting this global war such as my mother and father. the sake of the next generation, and against Islamic extremism would be If we fail to point out to the Amer- generations beyond, I pray we pass disastrous to the American people. ican people what the threat is and give that test. Rather than celebrating the 5-year an- it a name and to let the American peo- Some have said, and our colleagues niversary since September 11 with no ple understand how the various con- earlier today said: What do we want? other terrorist attacks actually suc- flicts in the Middle East and the ter- We need to change. But they ask for cessfully occurring on American soil, I rorist attacks that occur around the change without any plan, without ar- am sure the tale would be far different world are not disparate and isolated ticulating what they would do dif- because we have chosen, through a events but, rather, part of the threat of ferently, other than to criticize the

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00013 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17090 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 hard effort being undertaken by our Mr. WYDEN. Mr. President, I ask particularly the poor and the vulner- men and women in uniform to bring unanimous consent that the order for able. Now we have 8 years of experience about a peaceful and secure Iraq. the quorum call be rescinded. with this legislation and, thankfully, They say we need a new direction, The PRESIDING OFFICER. Without my fears with respect to how the vul- but they are unwilling to identify what objection, it is so ordered. nerable would fare under this legisla- direction we ought to go. They claim Mr. WYDEN. Mr. President, I ask tion have not been realized, and the re- the President has politicized the war unanimous consent to speak in morn- alities are that the safeguards in the on terror. Well, I beg to differ. I believe ing business until 2:20 p.m. law have worked quite well in pre- this President has done what he be- The PRESIDING OFFICER. Without venting potential abuses. lieves is his duty by identifying the objection, it is so ordered. Had Oregon acted hastily or without threat and confronting the threat and f thorough examination and debate, I trying to make America a safer place. might not be in a position to defend my DEATH WITH DIGNITY ACT That is not politicizing the war on ter- State’s law. But no one can accuse my ror. That is telling the American peo- Mr. WYDEN. Mr. President, after the State of acting precipitously in approv- ple what the facts are. Senate’s unfortunate debate about the ing this matter. We have endured sev- Some have suggested we ought to sit tragic case of the late Terri Schiavo, I eral ballot initiatives, court chal- down with the terrorists and talk to thought the Senate was unlikely to de- lenges, and, most recently, a challenge them. Well, I think we have seen what bate this matter any time soon. Unfor- that was heard by the U.S. Supreme kind of threat this ideology breeds and tunately, it seems there may be an- Court. Each time, the will of a major- why that is not an idea likely to be other discussion of this matter. In ity of Oregonians prevailed. It is that successful. spite of the fact that the American will of my State’s voters which S. 3788 Some have gone so far as to say what people made it very clear that the Gov- would overturn. has happened in Iraq has not made us ernment ought to stay out of these During the 8 years the law has been safer. But as I went down the various tragic end-of-life matters, new legisla- in effect in my home State of Oregon, places where terrorists have hit since tion, S. 3788, has been introduced which the opponents of the law have combed September 11 all around the world, is would, in effect, throw Oregon’s Death through the statute looking for poten- there any doubt, but for the efforts we with Dignity Act into the trash can. tial pitfalls. The law still stands be- have undertaken in this country, both As a result of the introduction of this cause the notion of opponents that here and abroad, and taking the fight legislation and my concern that the there would be abuses and a stampede on the offensive, that we would not be last thing we need is more Government to Oregon have not been borne out. In celebrating the fifth anniversary of stepping into these very difficult end- fact, and this obviously could not ever September 11 without another terrorist of-life decisions, I am announcing this be proved, my sense is that there are attack but, rather, we would be look- afternoon that I am placing a hold on probably fewer assisted suicides in my ing backward and saying, if we had S. 3788 which would overturn Oregon’s home State, the only State with a stat- only taken the threat more seriously, unique Death with Dignity Act and ute, than there are in other parts of the country. That is because the real effect maybe we would have avoided that ter- would, in my view, do great damage to of Oregon’s Death with Dignity Act has rorist attack which would have oc- the cause of pain management all been to generate a significant increase curred but for those acts? across our country. in the use of hospice and to generate a Some have said there have been a lot In the past, the Senate has looked at significant increase in the number of of mistakes in Iraq. Well, perhaps that this only in the context of what some people who spend their last days at is true. I am not sure of any war plan describe as assisted suicide. Obviously, home with family dealing with these that survives the first shot. I know we there are differences of opinion on this issues on their own. So we have not are fighting an intelligent and adaptive issue. The people in my State have seen this tidal wave of assisted suicides and resourceful enemy who manipu- been debating this for well over a dec- in my home State, but what we have lates the media, who has learned how ade and twice have made it clear that seen as a result of all of the focus on to use the Internet to communicate, they believe these decisions ought to end-of-life care is a significant increase and who has attempted to attack our be left to the individual and to families in folks spending their last days country and other countries time and trying to cope with these difficult cir- cumstances. They have sent a strong through the compassionate services of time again. hospice programs and help with their I hope over this next month, before message that death is an intensely per- families at home. sonal and private matter and that the we recess for the November election The reality is there is no constitu- season, we are successful in identifying Government ought to leave our citizens tional issue at stake in this discussion the nature of the threat that confronts alone. The Government ought not at- with respect to State rights. Histori- our country, indeed, the free world, and tempt to override or preempt the indi- cally, defining medical practice has we describe with clarity the con- vidual and family values, religious be- been a matter left to the States. What sequences of our failing to deal with it liefs, and wishes. is so ironic is that some who come to and that we demand that those who are What has been debated in Oregon is the floor of the Senate to talk about critical of what we are doing in fight- not all that different from what was State rights are essentially saying ing the global war on terror explain to faced in the Senate when there was a they only believe in State rights if us precisely: What would you do dif- discussion about the case of the late they think the State is right. ferently and how do you believe that Terri Schiavo. I objected on the floor This is a matter which Oregonians would make us safer. at that time to consideration of the have decided for themselves. It has his- That is the debate I believe we owe original Schiavo legislation, which was torically been an issue which has been the American people. That is the de- an extraordinary overreach of Federal left to the States. bate I believe we owe the next genera- power, and today I put a hold on S. 3788 In my home State, there was a vig- tions that come after us. And that is which would overturn my State’s law. orous discussion around dinner tables the debate we owe those who have These are very difficult issues, and and at the ballot box, and our State worked so hard over the last 200 years many of us are torn with respect to has spoken clearly with respect to to make America the place it is today. how to handle them. I, for example, op- where we stand on this difficult issue. Mr. President, I yield the floor and posed physician aid in dying both as an I do not believe that a Senator from suggest the absence of a quorum. Oregon voter and as a Senator. When another State should seek to overturn The PRESIDING OFFICER. The my State originally considered the another State’s law based on his per- clerk will call the roll. Death with Dignity Act, I worried a sonal beliefs. The assistant legislative clerk pro- great deal about the adequacy of the We are just a couple of months from ceeded to call the roll. ballot measure safeguards to protect Election Day in which local, State, and

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00014 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17091 Federal elections will be held. Many New England Journal of Medicine edi- tions. Those conversations probably States will have numerous ballot meas- torialized against that attempt out of wouldn’t have even taken place if the ures covering every issue imaginable. the very same concern I have reflected people of my State hadn’t voted for Voters need to know they can debate today about the impact on pain man- this twice. In my State, the end-of-life even the most emotionally wrenching agement. The New England Journal of process has been decriminalized. Rec- issues through the ballot process and Medicine said: ognizing the deeply personal nature of have their election results respected. Many doctors are concerned about the this, the Federal Government should The proposed legislation I have put a scrutiny they invite when they prescribe or not decide again, as has been consid- hold on, S. 3788, sends voters the mes- administer controlled substances and they ered before, that this should be the sage that if Congress doesn’t like the are hypersensitive to drug-seeking behavior province of the Federal Government in patients. Patients as well as doctors often conclusion your State comes to and not left to individuals and fami- through a ballot measure, your vote have exaggerated fears of addiction and the side effects of narcotics. Congress would lies. really doesn’t matter. I intend to make make this bad situation worse. My State has chosen a unique path. sure that the votes of the people of my That is what independent medical au- Rather than the bitter and divisive de- State, on a matter that has histori- thorities said the last time there was bate over physician aid in dying— cally been left to them, will count. which this country would have, once You can be opposed to physician aid an effort to pass legislation like the new bill, S. 3788, and it holds true as again, if S. 3788 moved forward—I in dying and be opposed to this legisla- would offer that instead the Senate tion as well. The reason I conclude well today. I have appreciated Senator SMITH’s work together on a bipartisan basis to that, is because I believe this proposal make the end of life a better period for will be a huge setback to the cause of leadership, my colleague from Oregon on the other side of the aisle, who joins all Americans. pain management in every corner of So consistent with the policy I have the country, not just in my home me with respect to the concern about held of publishing in the CONGRES- State. Like efforts before it, S. 3788 pain management. He and I have intro- SIONAL RECORD a statement whenever I seeks to undermine my State’s law by duced the Conquering Pain Act to help put a hold on a piece of legislation, I amending the Controlled Substances provide families, patients, and health am announcing today my intent to ob- Act in order to say that drugs which professionals with assistance so that ject to any unanimous consent agree- fall under the Controlled Substances no patient would be left in excruciating ment concerning S. 3788. The Senate Act cannot be used in physician aid in pain waiting for a doctor’s office to should have learned during the debate dying. The Controlled Substances Act, open up. The reality is, as we saw during the over the tragic case of Terri Schiavo of course, is legislation Congress debate involving the late Terri that the American people don’t want passed to go after drug kingpins and to Schiavo, Americans have dramatically make sure that those with access to the Government interfering during drugs, including doctors and phar- differing views on this issue, and those these very difficult days. S. 3788 would macists and others, do not distribute views are passionately held. But there allow just this kind of interference, them illegally. The penalties in the can be efforts, successful efforts, to and that is why I will do everything I Controlled Substances Act are substan- bring both sides together on this issue. can to defend Oregon’s law against this tial. However, the bottom line is the I mentioned the Conquering Pain Act congressional overreaching and respect Controlled Substances Act was not Senator SMITH and I have sponsored. I the message the American people sent meant to throw the will of the people also believe there should be changes in during the Terri Schiavo debate that of my State or any other in the trash the Medicare hospice benefit to extend there ought to be a right to be left can with respect to a medical practice opportunities for end-of-life care there. alone. involving end-of-life care. Right now, the Medicare law almost Mr. President, I yield the floor. Like past efforts, the legislation I forces someone to give up hope for the The PRESIDING OFFICER. The Sen- have put a hold on purports to create a prospect of recovery in order to get the ator from Kentucky is recognized. safe harbor to protect physicians and hospice benefit, and I believe that is f others. Sadly, such a safe harbor is unfortunate. I am almost finished with my re- THE CRASH OF COMAIR FLIGHT meaningless because of the realities 5191 patients, families, doctors, pharmacies, marks. I see my good friend from the and others face when they are trying State of Kentucky here. I would ask Mr. MCCONNELL: Mr. President, it is compassionately to assist a dying pa- unanimous consent at this time—and difficult to put into words what the tient in that patient’s last days. Medi- see what is convenient for my col- citizens of Kentucky are feeling. Nine cine and the use of controlled sub- league from Kentucky—for 5 additional days ago, tragedy struck the heart of stances, particularly in the case of the minutes to wrap up my remarks, and if our Commonwealth when Comair dying, is an art, not an exact science. that is convenient with the Senator Flight 5191 crashed shortly after take- It is not as if you can prove scientif- from Kentucky, I would make that off at Blue Grass Airport, in Lexington, ically and medically that a dose of a unanimous consent request. KY. Forty-nine people perished. drug in so many milligrams can always The PRESIDING OFFICER (Mr. This single, devastating event is of relieve pain and half a milligram more VOINOVICH). Without objection, it is so course not one story but many. This is going to result in death. People are ordered. crash has brought grief into scores of different. Each of these medical trage- Mr. WYDEN. Mr. President, again, families and countless lives, all over dies is different. The dying often can just to complete that thought, there Kentucky and beyond. Holes that can- withstand doses of controlled sub- are ways that both sides in this end-of- not be filled have been created in stances that would kill a healthy per- life care debate can be brought to- places like Lexington, Georgetown, son. gether. I have mentioned several. What Somerset, London, Harrodsburg, and There are many examples that make I think is clear, after the Terri Schiavo Richmond. it clear that interpretations after the discussion, is that the American people Funeral services have been conducted fact by law enforcement give physi- don’t want the Federal Government across Kentucky over recent days, and cians great concern with respect to butting in, interfering, and preempting I know I am joined by all Kentuckians how these drugs are used. Second- the ability of families and those in in extending heartfelt sympathy for guessing will deter physicians, even their last days to make these judg- the families and loved ones of the vic- physicians who are opposed to assisted ments. For the citizens of my State, tims. suicide, from moving into treating pain the Death With Dignity Act has After a catastrophe as great as the aggressively. brought about improvement in many crash of Comair Flight 5191, sorrow can During the previous congressional ef- areas and encouraged conversations be overwhelming. Many people in my fort to throw out my State’s law, the about a wide variety of end-of-life op- state are feeling that way now. And the

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17092 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 entire state is struggling for answers in A kind man, during his and Sarah’s these about the victims of the terrible the face of such an unexpected tragedy courtship, C.W. helped care for her fa- crash of Comair Flight 5191. This way that is so unbearable. ther with terminal cancer. As a pilot, we can know not just how these people Since the crash I have been learning, he received commendations from Fed- died, but also how they lived. as many Kentuckians have, about the eral Aviation Administration officials I am also grateful that even in such lives of the victims, who they were and who flew on his plane. A few days be- dark times, the generosity and kind- where they were going that day. fore the crash, he and Sarah celebrated ness of Kentucky continues to shine Four Kentuckians on the plane their 8-year wedding anniversary. through. Local volunteers have been worked for Galls, a Lexington-based This past Sunday, at C.W.’s funeral, invaluable to the relief and recovery company that makes public safety 300 mourners pinned on pairs of pilot’s effort, and to the families that have equipment and apparel. Three of them wings. Mourners also got to see Mr. been left behind to grieve. were flying to New Orleans to help de- Lamb, a tiny stuffed lamb that C.W. Volunteers from local chapters of the liver new uniforms to New Orleans po- bought for his wife on a whim about 3- Salvation Army served as chaplains lice officers after Hurricane Katrina. years ago at an airport gift shop. Now, and grief counselors. They also served Jonathan Hooker, 27, and Scarlett their toddler son Calvin James takes more than 1,000 meals and over 6,000 Parsley Hooker, 24, spent only hours Mr. Lamb everywhere. snacks and drinks to relief workers at together as husband and wife before Sarah has said that as she raises Cal- the crash site. they both boarded Flight 5191 to fly to vin James, she will be sure to teach The Bluegrass Chapter of the Amer- California for their honeymoon. The him the words his father took as his ican Red Cross fielded dozens of volun- Reverend Terry Gabbard married them motto: ‘‘In dreams and in love, there teers, who helped arrange memorial the night before the flight in a beau- are no impossibilities.’’ We hope it is services for the victims’ families. They tiful evening ceremony in Lexington. not impossible that one day, Calvin also worked as grief counselors and One week later, he would speak at James will soar as high as his father provided meals. Both groups say they their funeral. did. will stay as long as there are workers The deaths of these two newlyweds so Last week’s crash also robbed the at the crash site. soon after starting their lives together world of Patrick Smith, 58, of Lex- Local businesses pitched in as well devastated many in their hometown of ington. Pat’s ultimate destination that with food, and toys for kids like Calvin London, Kentucky. Jon had a lot of morning was Gulfport, MS. That was James Fortney and others who lost a friends after attending London’s North only a short distance for him. Because parent. Laurel High School, where he was a of his volunteer work with Habitat for The National Transportation Safety star athlete. Humanity, Pat had traveled to Ghana, Board is currently conducting an inves- He went on to pitch for the Univer- Sri Lanka, Northern Ireland, South Af- tigation into the cause of this crash. I sity of Kentucky baseball team from rica, Mexico, and India to build houses intend to do everything I can to ensure 1997 to 2001, and then to work as a pro- for those less fortunate than he. that investigation proceeds smoothly, Pat was a member of Habitat for Hu- fessional minor-league baseball player. and that all of the questions we have manity International’s Board of Direc- In the last few months of his life, he can be answered as thoroughly as pos- tors, as well as the board of his local sible. helped others as a substance-abuse Lexington chapter, and had served with Mr. President, I have only been able counselor. He liked to play golf, and the organization for more than 15 to talk about a few of the 49 souls that worked with a youth baseball league in years. He excelled at organizing fellow were lost on a Sunday morning. If London. volunteers from Kentucky and leading there is no objection, I ask unanimous Scarlett, his wife, was a 2004 grad- them in their humanitarian efforts. uate of Centre College, in Danville, Under his direction, 80 Kentucky vol- consent that the names of every person Kentucky, and was attending the Uni- unteers constructed 26 houses in small who died on Comair Flight 5191 be versity of Kentucky to pursue a mas- fishing villages in southern India for printed in the RECORD. ter’s degree in communication dis- people who had lost everything in the There being no objection, the mate- orders. An avid swimmer, among the tsunami of 2004. rial was ordered to be printed in the many friends she leaves behind are the He also helped those closer to home. RECORD, as follows: members of a local London swim team Pat’s final trip to Gulfport was to fol- COMAIR FLIGHT 5191 she helped found: the Barracudas. low up on the work he had already Rebecca Adams, 47, Harrodsburg, Ky. My friend Lee Todd, the president of done in 7 trips to Mississippi before, for Lyle Anderson, 55, Ottawa, Ont. the University of Kentucky, put it well a project to build 13 houses on South Christina Anderson, 38, Inglewood, Ont. when he said that this young couple Carolina Avenue to replace the ones Arnold Andrews, 64, Tampa, Fla. Anne Marie Bailey, 49, Vancouver, B.C. ‘‘held all the promise that youth and that were washed away by Hurricane love carry.’’ Because of the tragedy of Bobbie Benton, 50, Stanford, Ky. Katrina. Jesse Clark Benton, 48, Stanford, Ky. Flight 5191, we will never get to see Pat’s wife Jean often accompanied Carole Bizzack, 64, Lexington, Ky. that promise fulfilled. him on his projects, although last Sun- George Brunacini, 60, Georgetown, Ky. A promise was also snuffed out in day on Flight 5191 Pat traveled alone. Brian Byrd, Richmond, Ky. Lexington at the same time—the prom- Pat had done so much good work for Jeffrey Clay, 35, Burlington, Ky. ise of a father to a young son to watch the organization that he was named Diane Combs, Lexington, Ky. him grow up. Clarence Wayne Fortney Habitat’s volunteer of the year in 2003. Homer Combs, Lexington, Ky. II, called C.W. by his friends and 34 Several of Pat’s volunteer projects Fenton Dawson, Lexington, Ky. years old, died in Flight 5191, leaving Thomas Fahey, 26, Leawood, Kan. were sponsored by his church, Cathe- Mike Finley, 52, London, Ky. behind his wife Sarah and their 16- dral of Christ the King. He worked as a Clarence Wayne Fortney II, 34, Lexington, month-old son Calvin James. partner at a Lexington industrial auto- Ky. C.W. was flying to Atlanta to report mation company, Versa Tech Automa- Wade Bartley Frederick, 44, Danville, Ky. for work as a pilot for AirTran Air- tion. Hollie Gilbert, Somerset, Ky. lines. Pat once stated very simply the rea- Erik Harris, 28, Lexington, Ky. C.W. grew up in Stanton, Kentucky, son he had dedicated so much of his Kelly Heyer, 27, Cincinnati area and always wanted to be a pilot. Both time and efforts to volunteer work: Jonathan Hooker, 27, London, Ky. his father and his grandfather were pri- ‘‘We have an obligation to help.’’ Now Scarlett Parsley Hooker, 24, London, Ky. vate pilots. When he was 5, his mother Priscilla Johnson, 44, Lexington, Ky. his wife, Jean, and their children and Nahoko Kono, 31, Lexington, Ky. paid $35 for his first ride in a prop jet grandchildren will rely on the help of Tetsuya Kono, 34, Lexington, Ky. plane. C.W. realized his dream after others as grief sets in. Charles Lykins, 46, Naples, Fla. graduating from Eastern Kentucky I am glad that newspapers all across Dan Mallory, 55, Bourbon County, Ky. University with an aviation degree. Kentucky have printed details like Steve McElravy, 57, Hagerstown, Md.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17093 Lynda McKee, Richmond, Ky. myself and our Democratic leader, Sen- Armed Forces will not take sides in the civil Bobby Meaux, Harrodsburg, Ky. ator REID. war. Kaye Craig Morris, Lexington, Ky. The PRESIDING OFFICER. The Mr. KENNEDY. Mr. President, as Leslie Morris, Lexington, Ky. clerk will report the amendment. suggested by the Senator from Alaska, Cecile Moscoe, 29, London, Ky. The legislative clerk read as follows: I am glad to yield without losing my Judy Ann Rains, Richmond, Ky. The Senator from Massachusetts [Mr. KEN- Michael Ryan, Lexington, Ky. rights. I yield to the Senator from Vir- NEDY], for himself and Mr. REID, proposes an Mary Jane Silas, 58, Columbus, Miss. ginia so he may offer his amendment. amendment numbered 4885. Pat Smith, 58, Lexington, Ky. As I understand it, there is an agree- Tim Snoddy, 51, Lexington, Ky. Mr. KENNEDY. I ask unanimous con- ment to dispose of it. Marcie Thomason, 25, Washington, D.C. sent the reading of the amendment be Is it the understanding of the Sen- Greg Threet, 35, Lexington, Ky. dispensed with. ator from Virginia that they are going Randy Towles, 47, Watertown, N.Y. The PRESIDING OFFICER. Without to accept the amendment of the Sen- Larry Turner, 51, Lexington, Ky. objection, it is so ordered. ator from Virginia? Victoria Washington, 54, Richmond, Ky. The amendment is as follows: Mr. ALLEN. I say to the Senator Jeff Williams, 49, Centerville, Ohio (Purpose: To include information on civil from Massachusetts, I hope that Sen- Paige Winters, 16, Leawood, Kan. war in Iraq in the quarterly reports on Bryan Woodward, Lafayette, La. ator STEVENS and the committee will progress toward military and political sta- accept my amendment. I would not JoAnn Wright, 56, Cincinnati, Ohio bility in Iraq) want to speak for them. But I surely so Betty Young, 74, Lexington, Ky. On page 235, between lines 2 and 3, insert The PRESIDING OFFICER. The Sen- the following: urge them. I think our body would sup- ator from Virginia. (E) A determination by the Secretary of port it. It is a very good amendment to Mr. STEVENS. Will the Senator Defense, in consultation with the Secretary help out in the funding for our soldiers, yield for a moment? of State, as to whether there is a civil war in the men and women who come back Mr. ALLEN. I yield. Iraq. with head injuries. (F) A description of the criteria underlying Mr. KENNEDY. Mr. President, I have Mr. STEVENS. Is there not an order the determination in subparagraph (E) of the no objection, obviously, to— to lay down the Defense bill now? Secretary of Defense, in consultation with Mr. STEVENS. If the Senator will f the Secretary of State, as to whether there yield without losing his right to the is a civil war in Iraq, including— floor? CONCLUSION OF MORNING (i) an assessment of levels of sectarian vio- BUSINESS lence and an estimate of civilian casualties Mr. KENNEDY. Yes. as a result of sectarian violence; Mr. STEVENS. It is our intention to The PRESIDING OFFICER. Morning suggest to the Senator from Hawaii, business is closed. (ii) the numbers of civilians displaced; (iii) the degree to which government secu- when he arrives, that we accept this f rity forces (including the army, police, and amendment of the Senator from Vir- DEPARTMENT OF DEFENSE AP- special forces) exercise effective control over ginia, but we don’t accept amendments PROPRIATIONS ACT, 2007—Contin- major urban areas; without bipartisan approval so I would (iv) the extent to which militias are pro- appreciate it if the Senator will discuss ued viding security; his amendment after Senator KENNEDY Mr. STEVENS. What is the pending (v) the extent to which militias have orga- has discussed his and we will await an business? nized or conducted hostile actions against opportunity to discuss it with the Sen- The PRESIDING OFFICER. The De- the United States Armed Forces and Iraqi se- ator from Hawaii. fense appropriations bill is pending. curity forces; (vi) the extent to which the Government of Mr. KENNEDY. Mr. President, I have Mr. STEVENS. May I ask what the Iraq has developed and is implementing a not had a chance to see the amendment Senator from Virginia intended to do? credible plan to disarm, demobilize, and re- of the Senator from Virginia that deals Mr. ALLEN. Mr. President, I wanted integrate militias into government security with head injuries. There is also an to call up amendment No. 4883. I was forces; and amendment, I believe, from the Sen- waiting for our chairman to be here, (vii) the extent to which the Government ator from Illinois, Mr. DURBIN, on this and ask I be recognized to offer this of Iraq has obtained a credible commitment subject as well. It is a matter of enor- amendment. It will take approximately from the political parties to disarm and dis- mous importance and consequence. 5 or 6 minutes to offer the amendment. band the militias. (G) If the Secretary of Defense, in con- Hopefully, our committees will take Mr. STEVENS. I might say to my sultation with the Secretary of State, deter- action to deal with it at an appropriate friend from Virginia, when we left this mines pursuant to subparagraph (E) that time. bill, the understanding was Senator there is not a civil war in Iraq, the following Mr. President, next week marks the KENNEDY’s amendment would come information (in unclassified format): fifth anniversary of the vicious attack first. We will be happy to have the Sen- (i) A description of the efforts by the United States Government to help avoid on America by al-Qaida terrorists. ator offer his amendment with the un- Despite the passage of time, Ameri- derstanding it will come up after the civil war in Iraq. (ii) The strategy of the United States Gov- cans still vividly recall with enormous amendment of Senator KENNEDY, if ernment to protect the United States Armed pain and sorrow that dark and somber that will be agreeable to Senator KEN- Forces in the event of civil war in Iraq. day. We recall the nearly 3,000 Ameri- NEDY? (iii) The strategy of the United States Gov- cans who were killed by al-Qaida ter- Mr. KENNEDY. That is fine. ernment to ensure that the United States rorists. We recall the brave firefighters Mr. STEVENS. Is Senator KENNEDY’s Armed Forces will not take sides in the and first responders who sacrificed amendment the pending amendment? event of civil war in Iraq. their lives so that others could live. We The PRESIDING OFFICER. There is (iv) The progress being made by the Gov- ernment of Iraq in disarming or demobilizing recall the twin towers crumbling before no amendment pending. our eyes, and the Pentagon ablaze be- Mr. KENNEDY. I have it ready to militias or reintegrating militias into gov- ernment security forces. neath a plume of smoke. And we recall send to the desk. (H) If the Secretary of Defense, in con- the pledge by the administration and Mr. STEVENS. I yield the floor to sultation with the Secretary of State, deter- all Americans that this type of attack have the Senator propose his amend- mines pursuant to subparagraph (E) that will never, ever occur again. ment and then Senator ALLEN propose there is a civil war in Iraq, the following in- As we approach this anniversary, his amendment and we will come back formation (in unclassified format): there is little doubt that the President to his amendment. (i) A statement of the mission and dura- will, once again, resort to the politics tion of United States Armed Forces in Iraq. The PRESIDING OFFICER. The Sen- of fear in an effort to convince the ator from Massachusetts is recognized. (ii) The strategy of the United States Gov- ernment to protect the United States Armed American people that the Iraq war is AMENDMENT NO. 4885 Forces while they remain in Iraq. central to the Global War on Terror. Mr. KENNEDY. Mr. President, I send (iii) The strategy of the United States Gov- Nothing is further from the truth. an amendment to the desk on behalf of ernment to ensure that the United States Scare tactics may have worked in the

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17094 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 elections of 2002 and 2004, but this time, Today, once again, the administra- increasing. In fact, 80 percent of the the American people know better. tion refuses to recognize another seis- Iraqi people voted along sectarian lines The American people know that the mic shift in Iraq—the dangerous pros- in the recent elections. war in Iraq was a distraction from the pect that we are drawn into a deadly Civilian casualties as a result of sec- real Global War on Terror and that and divisive civil war. tarian violence have skyrocketed. Ac- Iraq had nothing to do with al-Qaida. While the President and DICK CHENEY cording to the United Nations, 5,800 ci- The American people know that and Donald Rumsfeld are on the cam- vilians were killed during May and America should have kept its eye on paign trail claiming progress in Iraq, June of this year and another 5,800 the ball and captured Osama bin military leaders and experts are urging were wounded. An estimated 100 people Laden—rather than rushing headlong the White House to heed the disturbing a day were killed in Baghdad in July. into a war that we did not need to warning signs in Iraq. Militia attacks continue unabated. The fight. The President and his cabinet may Shiite militia forces are growing in The American people know that the not believe the fears of civil war are strength. The widespread infiltration administration should have imple- justified, but some of our military of government security forces by those mented fully the recommendations of leaders do. General Rick Sanchez, whose principal loyalty is to their sec- the 9/11 Commission to protect our former commander of the multi-na- tarian militias, not the government, is ports and support our first responders— tional forces in Iraq, said as long ago well documented. Interior ministry de- rather than spending more than $200 as January 7, ‘‘The country’s on the tention centers have been used to tor- million each day on a failed policy in verge of a civil war.’’ General Peter ture inmates just because they are Iraq. Pace, Chairman of the Joint Chiefs of Sunnis. Too often we hear that men The American people know that the Staff, said on March 13 that, ‘‘Every- wearing Interior ministry uniforms war in Iraq has made Americans more thing is in place if they want to have a have abducted Sunni men and boys, hated in the world, created more ter- civil war.’’ who later turn up dead. rorists, and made it harder to win the Our Ambassador to Iraq, Zalmay The numbers of civilians displaced or real Global War on Terror. Khalilzad, is concerned about the fleeing the violence is increasing as The American people know that threat as well. On March 7, he said, Shiites are forced from Sunni areas and while we have been bogged down in ‘‘The potential is there’’ for sectarian Sunnis from Shiite areas. According to Iraq, North Korea’s nuclear stockpile violence to become civil war. ‘‘We have the United Nations, approximately opened the Pandora’s box and the ques- has quadrupled and Iran has continued 150,000 Iraqis had been displaced as of tion is, what is the way forward?’’ its pursuit of nuclear weapons. June. General Abizaid acknowledged the The American people know that we Despite these trends and the warn- clear danger when he told the Senate never should have gone to war in Iraq ings of the experts, President Bush Armed Services Committee on August when we did, and for the false reasons stubbornly continues to deny that civil 3, ‘‘I believe that the sectarian violence we were given. war is even a real possibility in Iraq. is probably as bad as I’ve seen it, in Most importantly, the American peo- Last December, he said, ‘‘I know Baghdad in particular, and that if not ple know that the President’s stubborn some fear the possibility that Iraq stopped, it is possible that Iraq could insistence that we ‘‘stay the course’’ could break apart and fall into a civil move towards civil war.’’ does not make victory any more likely war. I don’t believe these fears are jus- and that we need to change our policy General Pace, at the same hearing, agreed about the threat of civil war. He tified.’’ in Iraq. The President reiterated the same At almost every stage of the Bush ad- said, ‘‘I believe that we do have the view on February 28 when he said, ‘‘I ministration’s conduct of the war in possibility of devolving to a civil war, don’t buy your premise that there’s Iraq, we have seen major miscalcula- but that does not have to be a fact.’’ Others think that a civil war may going to be a civil war.’’ tions and serious mistakes that place Again in March, President Bush dis- our troops at greater risk and jeop- have already begun. Former Iraqi Prime Minister Allawi said in March missed the notion, saying, ‘‘They know ardize America’s standing in the world. that they lack the military strength to Military leaders and retired generals that Iraq is probably in ‘‘an early stage challenge Iraqi and coalition forces di- know it. Middle East experts know it. of civil war.’’ rectly—so their only hope is to try and Our allies know it. Both Democrats The British Ambassador to Iraq provoke a civil war . . . By their re- and Republicans in Congress know it. wrote in August, ‘‘The prospect of a sponse over the past two weeks, Iraqis And most important, the American low intensity civil war and a de facto have shown the world they want a fu- people know it. division of Iraq is probably more likely They saw it when the Bush team dis- at this stage than a successful and sub- ture of freedom and peace—and they banded the Iraqi Army after the fall of stantial transition to a stable democ- will oppose a violent minority that Saddam but allowed thousands to walk racy. seeks to take that future away from away with their weapons. Our colleague from Nebraska, Sen- them by tearing their country apart.’’ They saw it when the Bush adminis- ator CHUCK HAGEL, concurred, saying, In August, President Bush still de- tration waited a full year to begin in August that ‘‘We, in fact, are in nied that there was a civil war. He training the new Iraqi security forces. probably a low grade, maybe a very de- said, ‘‘You know, I hear people say, They saw it when the White House fined, civil war.’’ well, civil war this, civil war that. The failed to see the insurgency spreading General William Nash, who com- Iraqi people decided against civil war like a cancer through Iraq. manded our troops in Bosnia after that when they went to the ballot box.’’ They saw it when the Bush team country’s civil war ended, stated on Again, on August 21, he said, ‘‘You failed to see the danger of roadside March 5, ‘‘We’re in a civil war now; it’s know, I hear a lot of talk about civil bombs and improvised explosive de- just that not everybody’s joined in.’’ war. I’m concerned about that, of vices yet sent our troops on patrol day He said, ‘‘The failure to understand course. And I’ve talked to a lot of peo- after day, month after month, year that the civil war is already taking ple about it. And what I’ve found from after year. place, just not necessarily at the max- my talks are that the Iraqis want a They saw it when the White House imum level, means that our counter unified country and that the Iraqi lead- failed to provide proper armor for our measures are inadequate and therefore ership is determined to thwart the ef- troops, until Congress finally de- dangerous to our long-term interest.’’ forts of the extremists and the radicals manded it. These leaders see what’s really hap- and al Qaida and that the security Unfortunately, the administration’s pening in Iraq—not just the White forces remain united behind the gov- repeated failure to see each new threat House spin. ernment.’’ in Iraq has put our troops and our secu- They know that the polarization of For a third time, on August 31, the rity in greater peril. communities along sectarian lines is President denied the possibility of civil

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00018 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17095 war. He said, ‘‘This cruelty and car- government that can deliver for all which Iraqi government forces exercise nage has led some to question whether Iraqis. And when I say Iraqis, I mean effective control over major urban Iraq has descended into civil war. Our not just their leadership, which clearly areas; the extent to which militias commanders and our diplomats on the has not made a choice for civil war, but have been mobilized, are providing se- ground in Iraq believe that’s not the their population.’’ curity, and attacking other Iraqis; and case. They report that only a small On the same day she again denied the the extent to which the Government of number of Iraqis are engaged in sec- possibility of civil war, stating, ‘‘It Iraq has obtained a credible commit- tarian violence, while the over- would be really erroneous to say that ment from the political parties to dis- whelming majority want peace and a the Iraqis are somehow making a arm and disband the militias and are normal life in a unified country.’’ choice for civil war, or I think even implementing a credible plan to dis- I just wish the President would take sliding into civil war.’’ arm, demobilize and reintegrate mili- a little time to read this report that That’s what the Bush team is claim- tias into government security forces. was put out by the Department of De- ing. They are so focused on the spin If the administration determines fense, on Stability and Security in war on the campaign trail that they that Iraq is not in a civil war, the Iraq. fail to see the real war in Iraq. They amendment requires a description of I come back to that in a few mo- are so focused on using the war to win the efforts by our government to avoid ments. elections here at home that they fail to civil war in Iraq, a plan to protect our Vice President CHENEY, too, has long see the real needs of our troops in Iraq. troops in the event of a civil war, and denied the possibility of civil war. On But this time, the American people a strategy to ensure that our troops March 19, he stated, ‘‘What we’ve seen aren’t buying it. They’ve heard it all don’t take sides. is a serious effort by them to foment before and are demanding honest as- If the determination is that Iraq is in civil war, but I don’t think they’ve sessments and realistic strategies. a civil war, the amendment requires been successful.’’ They know that the President and DICK the Secretary of Defense to explain the Secretary Rumsfeld dismisses it as CHENEY and Donald Rumsfeld can say mission of our troops and its duration, well. In March he said, ‘‘I do not be- it’s not a civil war, but that doesn’t his plan to protect our troops, and a lieve they are in a civil war.’’ make it so. They know that our brave strategy to ensure that they don’t take That same month, Secretary Rums- men and women in uniform are doing sides in a civil war. feld said, ‘‘The terrorists are deter- everything they can to bring peace and The amendment is needed to ensure mined to stoke sectarian tension and stability in Iraq. They continue to proper planning in the event of civil are attempting to spark a civil war. fight insurgents and terrorists, but are war. The trends in Iraq are discouraging But despite the many acts of violence at grave risk of being trapped in the and certainly point toward civil war. and provocation, the vast majority of middle of an unwinnable civil war. Indeed, the September 1 report pre- Iraqis have shown that they want their That is why I am offering this pared by the Department of Defense on country to remain whole and free of amendment today with the Democratic Stability and Security in Iraq reaf- ethnic conflict.’’ leader. It requires the administration firms what the American people al- In April, he said, ‘‘I don’t think a through the Secretary of Defense and ready understand: the conditions of full-fledged civil war will take hold of the Secretary of State to provide an civil war exist, violence in Iraq is spi- the country.’’ honest and candid assessment of the raling out of control and staying the In May, in an eerie echo of the past, extent to which Iraq is now in a state course is not a viable option. when asked what political and military of civil war. And even more important, The Department of Defense report contingences would be in place if a the amendment requires them to say says that concern about civil war with- civil war occurred, Secretary Rumsfeld what we are going to do about it. How in the Iraqi civilian population and responded, ‘‘I don’t think the scenario are we going to advance America’s in- among some defense analysts has in- that you have described is going to terests in Iraq in a time of civil war? creased in recent months. Conditions happen, but life’s filled with things you How are we going to protect our troops that could lead to civil war exist in don’t think are going to happen.’’ from getting drawn ever deeper into an Iraq; That’s vintage Rumsfeld. ‘‘Stuff hap- endless sectarian conflict? Rising sectarian strife defines the pens,’’ he said, in response to the chaos An article in Newsweek magazine on emerging nature of violence in mid- that erupted in Baghdad after the first August 14 indicates that although the 2006; days of the invasion, as though no one Bush administration insists that Iraq Sustained ethnic and sectarian vio- could have anticipated such a possi- is a long way from civil war, some in- lence is the greatest threat to security bility and it made no sense to waste side the White House and the Pentagon and stability in Iraq; time planning for such possibilities. have begun some contingency plan- Sectarian tensions increased over the That attitude has plagued our forces ning. last three months, demonstrated by and our country throughout this mis- The administration should level with the increasing number of executions, guided war, and it must stop. the American people about the real kidnappings, attacks on civilians, and This, July, as the situation took an- conditions and their planning. internally displaced persons; other turn for the worse, he said, And that’s the purpose of our amend- Civilian casualties increased by ap- ‘‘There certainly has been an upsurge ment today. proximately 1000 per month since the in sectarian violence; there’s no ques- The amendment requires the Sec- previous quarter. Assassinations in tion but that they’re trying to incite a retary of Defense, in consultation with particular reached new highs in the civil war. And they have been for a the Secretary of State, to determine month of July. The Baghdad Coroner’s long time, and they have failed so far.’’ every 3 months whether a civil war is Office reported 1600 bodies arrived in Secretary Rice also refuses to see the taking place and to inform Congress of June and more than 1800 bodies in July, possibility of civil war in Iraq. In Feb- the plan for our troops in the event of 90 percent of which were assessed to be ruary, she said, ‘‘I don’t think there is such a war. the result of executions; a brewing civil war in Iraq.’’ Despite For each determination, the Sec- Sectarian violence is gradually the escalating casualties and increas- retary of Defense and the Secretary of spreading north into Diyala Province ing sectarian violence, on August 4 she State will provide their assessment of and Kirkuk as Sunni, Shiite, and Kurd- said, ‘‘I don’t think Iraq is going to the levels of sectarian violence such as ish groups compete for provincial slide into civil war.’’ Two days later the level of polarization of commu- influencey; she repeated the claim and said, ‘‘But nities along sectarian lines and an esti- Both Shia and Sunni death squads the important point here is that Iraqis mate of civilian casualties as a result are active in Iraq, and are responsible haven’t made a choice for civil war. of the violence; the number of civilians for the most significant increases in Iraqis have made a choice for a unified displaced by the violence; the degree to sectarian violence;

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17096 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 Militias and small, illegally armed because the administration has failed Mr. President, I will not include this groups operate openly and often with to provide one in more than 2 years. whole report in the RECORD—it is 63 popular support. The threat posed by We provided more than $175 million pages—but I will reference it. Shiite illegal armed groups, filling per- for democracy programs in Iraq when Mr. STEVENS. I made arrangements ceived and actual security vacuums, is the Bush administration’s budget did to put a copy of the report on every growing; not provide it. Senator’s desk by tomorrow morning. The security situation is currently at We need an honest accounting of the Mr. KENNEDY. I appreciate that. its most complex state since the initi- situation so we can adjust accordingly During the course of the week, individ- ation of Operation Iraqi Freedom. and protect our troops. And we need a uals may quote from it, as I did earlier Overall attack levels are higher than plan to protect our troops. The Presi- today and may again. I will not ask the last three months. The average dent’s stubborn insistence on staying that it be printed in the RECORD, but it number of weekly attacks increased 15 the course impedes success. should be available for anyone con- percent and Iraqi casualties increased Our soldiers and the American people cerned about the debate on Iraq. It is by 51 percent compared. deserve more from the administration. an enormously important document These facts are at odds with the ad- Together, the Secretary of Defense and and is a ‘‘must read’’ for every Member ministration’s statements about civil Secretary of State need to set the of Congress—certainly for the Amer- war. Sectarian divisions are increasing. White House’s political agenda aside ican people—to have a real under- Militia violence and death squad activ- and directly and thoughtfully address standing of what we are facing in that ity are increasing. The number of this ominous threat. country. Iraqis fleeing the violence is increas- The administration acts as if the I yield the floor. ing. Yet, the President continues to mere discussion of civil war is defeat- Mr. STEVENS. Mr. President, the deny the possibility of civil war. The ist. They have it exactly backwards. Senator from Virginia will offer his Vice President, Secretary of Defense This amendment is an effort to make amendment, so I will not take much and Secretary of State continue to sure that the administration confronts time now. I will respond to the Senator deny it. As long as the administration and deals with the facts on the ground from Massachusetts. continues to deny the plain truth, in Iraq and recognizes the emerging I have just returned from being America will be behind the curve and threat before it consumes our troops. present when the President of the unable to adjust to the current reali- This is the only way to achieve any United States made a tremendous ties on the ground and protect our measure of success. For too long, the statement about the situation in Iraq troops. Bush administration has pursued poli- and the world in terms of the war on cies that have failed utterly to carry Instead of attacking those who want terror. My view of the situation is the day in Iraq and have made America to change our course, President Bush much different from the Senator from less safe. ought to deal with the hard cold facts. Massachusetts. I read this report that This Defense Department report under- Unfortunately, this administration has decided that domestic politics re- is before the Senate now as being an scores the fundamental truth that our up-to-date analysis of the situation brave troops are being let down by an quire that it stay this failed course through November, and so they have that exists now. administration more interested in po- I sometimes wonder what would have litical spin than in finding a way to refused to confront the facts in Iraq. Instead, they have chosen political happened in Korea if, after some of the succeed. major losses in Korea, the Senate had The administration needs to look at spin, false claims of progress, and base- decided we ought to ask the Truman all the facts and honestly address the less attacks on those who focus on the administration to make more reports, question of civil war for the sake of our reality of the situation. produce more reports, require analysis military and the American people. We must do better. This administra- This legislation creates a continuing tion owes it to the American people. of what was going on, and have hear- obligation to ensure that analysis on Even more importantly, dealing with ings. We are about in the same situation. civil war is done regularly. Unfortu- reality is essential and necessary to This report does conclude—that is why nately, this is necessary, because the protect the lives of our brave soldiers. I think everyone should read it—the Congress has forced the administration Iraq’s future and the lives of our concerns over civil war that are ex- to step up to the plate on Iraq time and troops are close to the precipice of a pressed. It says that notwithstanding again. new disaster. The time bomb of civil The facts in the report say one thing war is ticking, and our most urgent this concern, there is generally no about civil war, but the conclusion priority is to defuse it. agreed-upon definition of civil war about civil war says another. We need Our Government should work to re- among academics or defense analysts. an honest assessment from the Secre- verse the downward spiral. And Iraqi Moreover, the conflict in Iraq does not taries of Defense and State about the leaders must make essential com- meet the stringent international legal conditions on the ground, and that is promises to strengthen their govern- standards for civil war. what the Kennedy-Reid amendment ment, prevent civil war, undermine the That is a situation of the statement would require. We also need some hard insurgency, and deal with the festering that exists now. To require another set thinking within the administration problem of militias. of reports when we get these every and a clear plan to protect our troops For the sake of our men and women quarter is unwarranted. This was re- in a civil war. in uniform and the stability of Iraq, all leased September 1. We will get an- At every step of the way, this admin- Americans are anxious for success, but other one the first of January. We do istration has missed the threat to our we need to be realistic enough and not have to have an amendment to do troops, and Democrats in Congress smart enough and humble enough to this. have had to force the issue. understand that even our best efforts However, as we discussed, it may be The Democrats in Congress have had may not prevent a civil war from over- possible to take this amendment to to force the issue: taking events in Iraq. conference and work it out so we get We had to require accounting of We need to begin planning now for some ideas. If they want additional in- progress being made to train Iraqi this possibility. That’s what this formation in the next report, we can troops so our soldiers can begin to amendment requires. arrange that; however, it does not have come home. Such planning is not an admission of to be a conflict. It does not have to We provided over $1 billion in addi- defeat. It is essential and necessary for have as much political rhetoric, I say tional funding for vehicle armor to up- protecting the lives of our service men to my friend from Massachusetts. I am grade the armor on Humvees. and women in Iraq, who are performing a little bit tired of political rhetoric We are demanding an updated Na- so admirably today under such enor- concerning this conflict, which is a tional Intelligence Estimate on Iraq mously difficult circumstances. global conflict against terror. It is

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We have an agree- We need to make sure our troops are President of Iran, from the people in- ment that the Senator will be able to outfitted with the best body armor, the volved with Hezbollah, from the people propose his amendment. most technologically advanced arma- involved in the various dissident fac- The PRESIDING OFFICER (Mr. ments, weapons, and communication tions throughout the world that are de- COLEMAN). The Senator from Virginia. devices that are possible so that they manding we surrender to them, that we AMENDMENT NO. 4883, AS MODIFIED are safe and that we can defeat these kneel down before them and accept de- Mr. ALLEN. Mr. President, I call up terrorist enemies. feat. This Senator is not ready for that my amendment, No. 4883, and I send a The same principles apply when our kind of rhetoric to come to this Sen- modification to the desk and I ask the brave men and women return home ate. I hope it does not. reading of the amendment be dispensed from the theaters of war. We need to Mr. KENNEDY. Will the Senator with. make sure our servicemembers receive yield for a question? The PRESIDING OFFICER. Without the best possible medical care for any Mr. STEVENS. I am happy to do objection, it is so ordered. injuries that may have arisen while that, yes. The clerk will report the amendment they were in these combat zones. We Mr. KENNEDY. In my remarks, I said by number. need to make sure our soldiers receive we ought to have kept our eye on the The legislative clerk read as follows: the proper mental health treatment to ball, which was al-Qaida and the ter- The Senator from Virginia [Mr. ALLEN] deal with any issues of post-traumatic rorists, and not gone into Iraq. proposes an amendment numbered 4883, as stress disorder or appropriate coun- As the President of the United States modified. seling to help adjust back into civilian knows, there were no weapons of mass The amendment is as follows: life. destruction in Iraq. As the 9/11 Com- (Purpose: To make available from Defense For those soldiers returning home mission reported, there was no connec- Health Program up to $12,000,000 for the with an injury, we need to make sure tion between Iraq and al-Qaida’s attack Defense and Veterans Brain Injury Center) our medical treatment facilities have on this country. At the end of title VIII, add the following: sufficient funding and also the profes- SEC. lll. Of the amount appropriated or So we have a rush to war. Instead of otherwise made available by title VI under sional services and the most up-to-date focusing on the problems of al-Qaida, the heading ‘‘DEFENSE HEALTH PROGRAM’’, technology so our servicemembers re- North Korea and Iran, we are now $19,000,000 shall be available for the Defense ceive the quality care they deserve. mired in a war in Iraq. and Veterans Brain Injury Center. One of the more prevalent injuries in The Senator is making my point. We Mr. ALLEN. Mr. President, I am pro- Iraq right now for our soldiers is trau- should have focused on the dangers of posing an amendment to provide an ad- matic brain injuries. According to the Iraq. That is a completely different sit- ditional $12 million that shall be avail- National Institute of Neurological Dis- uation than in Korea when the Chinese able to the Defense and Veterans Brain orders and Stroke, a traumatic brain Communists crossed the river. There Injury Center and centers all across injury occurs when a sudden trauma was a real issue in terms of our na- our country. causes damage to the brain. Traumatic tional security. The case was not made We are in the midst of a war against brain injury can result when the head that Iraq posed a threat to our national terrorist organizations. They are vile. suddenly and violently hits an object interest or security. That case was not They are hate filled. They are al-Qaida, or when an object pierces the skull and made in the Senate. And the argu- they are Hezbollah, Islamic Jihad, enters brain tissue. ments that were made were inaccurate. Hamas, and a variety of different orga- According to the Office of the Sur- Mr. STEVENS. I still have the floor. nizations. The battlefronts are all over geon General of the Army, 64 percent of Mr. KENNEDY. All right. the world. We have troops deployed in soldiers recently wounded in Operation Mr. STEVENS. I will be glad to de- Iraq. We have troops in Afghanistan. Iraqi Freedom sustained blast injuries, bate the Senator any time. Our friends and allies are having to which are the leading cause of trau- Again, I urge the Senator to read the fight Hezbollah, a puppet surrogate of matic brain injuries for Active-Duty President’s statement before he criti- Iran. These terrorists have hit all over military personnel in war zones. These cizes it. The President has made a very the world. They have hit, obviously, in blast injuries are the result, as I said significant statement today of where Iraq and Afghanistan. They have hit in earlier, of RPGs, rocket-propelled gre- we are. He will make another state- Israel. They have hit in Jordan. They nades, or IEDs, otherwise known as or ment tomorrow. have hit in India, the Philippines, Indo- short for improvised explosive devices, I have looked at the report. Every nesia, Spain, and London. They are and also landmines. Senator should look at it. We should still trying to hit us. Fortunately, the Soldiers, I say to the Presiding Offi- decide whether there is a deficiency. If British intercepted airplanes that cer and my colleagues, suffering inju- there is, we will be glad to take the would be used in another terrorist at- ries from these devices require special- amendment to conference and try to tack. ized care from providers with experi- work out some language that will not They use a lot of different devices in ence in treating traumatic brain inju- be political rhetoric. I sense it is polit- this war. They use bombs and a variety ries. One of the key components of this ical rhetoric, I say to my friend from of IEDs. They use rocket-propelled gre- care is the Defense and Veterans Brain Massachusetts. I hope it does not get nades. They use land mines. I was talk- Injury Center, which is located at Wal- that far. It is still a war against terror. ing to a woman from Afghanistan a ter Reed Army Medical Center—the Our job ought to be to get this bill couple weeks ago. I asked for her per- site that receives more casualties from passed so we can get the money to spective of Afghanistan. She said that theaters of operations than any other these people for sure by October 1. The things are better, but the terrorists are military treatment facility. longer this bill is delayed, the more hitting schools. The Defense and Veterans Brain In- trouble our people in uniform are going I asked: Why are they hitting jury Center provides state-of-the-art to have. I have been arguing that now schools? medical care, innovative clinical re- for a month. There is no question this And she said: Because we are edu- search initiatives, and educational pro- bill has to be signed by September 30. cating women in Afghanistan, and from grams on traumatic brain injury to as- I am not going to prolong this by de- the al-Qaida/Taliban point of view, sist Active-Duty servicemembers and bating politics in the Senate. I will say women are not to be educated. veterans. The Brain Injury Center is we will do our best to take as many Our service men and women are serv- actually a multisite medical care facil- amendments as we can to conference ing very courageously in Iraq and Af- ity with operations in California,

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Yes, as modified. Thank Commonwealth University in Rich- make sure those who have brain inju- you. However, the point is it is $19 mil- mond to provide the best quality serv- ries—head trauma and injuries from lion, and it shall be appropriated for ice for treatment and recovery, as well blasts—whether in Afghanistan, wheth- this function. as research. And I suspect the facilities er in Iraq, or anywhere else in combat Mr. KENNEDY. So you have accepted in other States, probably provide simi- zones—to make sure they have the what was in the Durbin amendment; lar services. I just know very much right treatment. that is, that shall be spent? about the McGuire facility in Rich- We have the professionals in this Mr. ALLEN. The point is, my amend- mond and also the Walter Reed site and country, but we need to make sure ment was going to be $19 million re- have seen the expert staff as they re- they have adequate funding for this gardless. And my view was, we needed view the daily incoming casualty re- clear and present need. added funding, and this will make it ports and identify the patients who Mr. President, I yield the floor. absolutely clear. have sustained injuries caused by The PRESIDING OFFICER. The Sen- Mr. KENNEDY. I thank the Senator blasts or falls or other incidents. They ator from Alaska. because I was a cosponsor. I did not have evaluated and treated hundreds of Mr. STEVENS. Mr. President, I pay close attention to the presen- patients. would ask the Senator to allow me to tation, but I was a cosponsor of Sen- These centers really do provide out- become a cosponsor. I hope the Senator ator DURBIN’s amendment, as I under- standing specialized care, such as reha- from Illinois will, also. We had a little stand, as printed. And listening to the bilitation—for speech and physical re- disagreement before about funding in Senator from Virginia, it appears it is habilitation—and education. These pa- this area, but I have no disagreement virtually identical to what the Senator tients need to be helped to return to with the necessity for funds, particu- from Illinois had proposed. I am glad the highest possible level of function. larly after a report we received just we will have an opportunity to take ac- These centers are performing a very this August on the nature and extent of tion on it. admirable job and doing the best they these matters. I think this money is Mr. ALLEN. I would say, Mr. Presi- can; however, we need to make sure, needed. So I would be willing—and I dent, to the Senator from Massachu- whether it is McGuire in Richmond, think the Senator from Hawaii will setts, this is an opportunity for all of whether it is Walter Reed, or one of have no objection to this—I would be us to come together in a bipartisan these facilities in Minnesota or Florida pleased to—— fashion. I know one of the occasions or Texas or California or North Caro- Mr. KENNEDY. Will the Senator when I was at Walter Reed Hospital the lina—this work I have seen at these yield for a question? Senator from Massachusetts was there centers, at least at McGuire in Rich- Will the Senator from Virginia just at the same time. And we see the out- mond and Walter Reed, are providing yield for a question? standing work the professionals pro- great services. I can tell you firsthand, Mr. ALLEN. I would be pleased to vide for those men and women who by the way, how the soldiers are react- yield. have been injured. ing to it and also the response from Mr. STEVENS. Mr. President, I have This is one issue where I believe all family members who are seeing slow the floor, for just a second, if I may. I Americans, regardless of party, regard- but steady progress for many of their would urge Senator DURBIN, if he will, less of region, need to come together to loved ones. They greatly appreciate it. to join us. Again, it is a matter of expe- make sure funding is there. That is why I am offering this diting our bill. I know he has an I thank the Senator from Massachu- amendment, to make available from amendment, too. But I believe the setts. the Defense Health Programs an addi- numbers are the same and the intent is The PRESIDING OFFICER. The Sen- tional $12 million, which would in- the same, and we should all cosponsor ator from Alaska. crease it from $7 million to $19 mil- it, as far as I am concerned. Mr. STEVENS. Mr. President, was lion—an additional $12 million in fund- I yield the floor. my request to be added as a cosponsor ing that shall be available to the De- Mr. KENNEDY. I was just asking the to the amendment granted? fense and Veterans Brain Injury Cen- Senator how this is different from the The PRESIDING OFFICER. Without ters for this work, including blast miti- Durbin amendment. I note the Senator objection, it is so ordered. gation. was in the Chamber earlier. How is this Mr. STEVENS. Mr. President, I sug- It is my view this is the least we amendment different? I was a cospon- gest the absence of a quorum. should do. This is exactly what we sor of his amendment. The PRESIDING OFFICER. The should be trying to do to help our men Mr. ALLEN. I would have to look at clerk will call the roll. and women who are bravely sacrificing the details. That is why I mentioned The legislative clerk proceeded to so much to protect our freedom at the Senator from Illinois, and I and call the roll. home while trying to advance freedom others, I think, share the same con- Mr. DURBIN. Mr. President, I ask for other people around the world. cern. The main point, the main con- unanimous consent that the order for George Washington cautioned that cern—which is making sure the profes- the quorum call be rescinded. ‘‘the willingness of future generations sional services were there, the ade- The PRESIDING OFFICER. Without to fight for their country, no matter quacy of the devices, the adequacy of objection, it is so ordered. how just the cause, will be proportional the health care professionals—I think Mr. DURBIN. Mr. President, Senator to how they perceive previous veterans was actually fairly identical. I have ALLEN filed an amendment numbered are treated.’’ This amendment is a long not looked at the measure of the Sen- 4883, which was on the same subject step forward—a long step forward—in ator from Illinois. It appears that we matter as my amendment numbered that direction, and I strongly urge my are going down the same stream, in the 4884 that was filed. I have been told by colleagues in the Senate to support my same direction. staff that he has modified his amend- amendment, as modified. Mr. STEVENS. If the Senator will ment so it is now identical to mine; is I understand other colleagues appar- yield for a question? that correct? ently share my concerns about the ade- Mr. ALLEN. Yes. Mr. ALLEN. I believe so. Mr. Presi- quacy of such needed funding for brain Mr. STEVENS. I believe the main dif- dent, my amendment was filed before injury services. I hope the Senator ference was the amendment of the Sen- the Senator’s and his was filed after. I

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17099 have not read the Senator’s amend- really tried to define optimal care for care with military and veterans hos- ment, but as modified, the best I have survivors of traumatic brain injury. pitals, and TRICARE. heard from talking to Senator STEVENS This center is located at Walter I offered amendment No. 4884 along and listening to the Senator from Mas- Reed, one of our greatest hospitals in with Senators MENENDEZ, MIKULSKI, sachusetts, they seem to be very close, America. It has other sites in Texas, KENNEDY, BINGAMAN, KERRY, LAUTEN- if not identical. California, Virginia, Florida, North BERG, and OBAMA. They have all joined Mr. DURBIN. I think the changes in Carolina, and Minnesota. The center’s me in offering this amendment. I sent language the Senator made to his current budget is $14 million. That fis- out a ‘‘dear colleague’’ last week, and I amendment have made them virtually cal year ends in just a few weeks. The am happy to have their support. Now identical, so it appears we are setting leaders at the center requested $19 mil- we are going to combine our amend- out to do the same thing. lion for the coming year. They say ment with Senator ALLEN’s efforts so So that there is clarity in the record, there are more patients. That is obvi- that it is a bipartisan effort to pass I want to make sure I understand this. ous from the soldiers coming home. this amendment. My amendment said $19 million will be They say the cost of long-term care has This amendment will allow the brain available to this program for defense gone up. The current staffing require- center to meet its current administra- and a veterans brain injuries center. Is ments and need for research to improve tive and staffing requirements and that the Senator’s modified amend- treatment and prevention all require maintain talented professionals who ment? more funds, so that $14 million this are essential for the soldiers to get Mr. ALLEN. Rather than ‘‘will,’’ it year would not be enough for next back on their feet. My colleagues can would be ‘‘shall’’ in my amendment. year. The appropriations bill we seek clearly see that the brain injury center Mr. DURBIN. Yes. So they are iden- to amend, unfortunately, cut the funds is directly related to the needs of our tical at this point. for the center. In fact, it cut them in warfighters and will go a long way to- Mr. ALLEN. The Senator wasn’t half to $7 million. That is totally inad- ward treating the signature wound of here. I mentioned that I would love for equate, even for this year, and would our conflicts in Afghanistan and Iraq. us to work together on a bipartisan not meet the need for next year. It is not just another research pro- basis to effectuate our shared goal. The center estimates that 1 out of gram. Mr. DURBIN. That is exactly what every 10 servicemembers in Iraq and 2 Before the August recess, there was a we should do. in 10 troops in the front lines return lengthy debate about my attempts to I ask unanimous consent that the co- from combat tours with concussions. It put more money into research for trau- sponsors of my amendment—and there is the nature of combat in Iraq, where matic brain injury, which was voted are some eight cosponsors and myself. insurgents use roadside bombs instead down on the floor. This is treatment as Let us do this as a bipartisan amend- of bullets. That produces more brain well as research and therapy. It is time ment since we are doing exactly the injuries. As of today, more than 1,700 for us to take decisive action. same thing. Is that acceptable to the wounded servicemen have come back I am proud that the Veterans of For- Senator? from Iraq with brain injuries. Half of eign Wars, Disabled American Vet- Mr. ALLEN. Agreed. them are severe enough to perma- erans, the Iraq and Afghanistan Vet- Mr. DURBIN. Mr. President, I would nently impair thinking, memory, erans of America, the National Mili- like to make a statement in support of mood, behavior, and their ability to tary Families Association, the Amer- the amendment at this point. I think work. In Vietnam and previous 20th ican Legion, and the Blinded Veterans we all understand that the war we are century wars, brain injuries were just Association all support my amendment fighting in Iraq has resulted in injuries 12 percent of injuries. In Iraq and Af- for more funding for the brain injury that are much different than in pre- ghanistan, it is almost double—22 per- center. I hope my colleagues will also vious wars. Many times our soldiers cent. support our injured troops fighting this would go to war and face other soldiers According to a recent study by re- war by supporting this amendment. and enemies with rifles aimed at them searchers at Harvard and Columbia, it Thank you, Mr. President. trying to kill them. Now most of our is estimated that the cost of medical I suggest the absence of a quorum. soldiers and marines are coming home treatment for these individuals with The PRESIDING OFFICER. The with injuries related to trauma from brain injuries from the Iraq war will be clerk will call the roll. The assistant legislative clerk pro- these homemade bombs, these IEDs at least $14 billion over the next 20 which are being exploded. As a con- ceeded to call the roll. years. So when we speak of the real Mr. DURBIN. Mr. President, I ask sequence, the signature wound of the cost of war at this point, we are talk- unanimous consent that the order for wars in Iraq and Afghanistan for Amer- ing about not only the current injuries the quorum call be rescinded. ican soldiers has become traumatic that are being treated as the soldiers The PRESIDING OFFICER. Without brain injury. return home but their long-term care objection, it is so ordered. Many of my colleagues who have vis- and rehabilitation, which is part of our Mr. DURBIN. Mr. President, I am ited injured servicemen at military responsibility as well. going to ask unanimous consent, but I Veterans Administration facilities This brain injury center is com- will make it clear that if there is any across the Nation understand this is a pletely different from other brain in- modification at a later point that Sen- new challenge for us. We say to the jury programs and initiatives. It fo- ator ALLEN suggests, I will be glad to men and women in uniform: If you will cuses on the well-being of those who work with him. I believe this is our un- risk your life and stand up for Amer- put themselves in harm’s way for our derstanding based on the colloquy we ica, we will stand by you. If you are in- country. It is not just research, it is had. jured, we will make sure we do every- treatment based. It links injured sol- I ask unanimous consent that amend- thing humanly possible to get you back diers to clinical studies where cutting- ment No. 4883, Senator ALLEN’s amend- on your feet and back at home and into edge treatments are explored. It does ment, be shown as the Allen-Durbin your normal life. this with all members of the military, amendment and that my cosponsors be So now we know that traumatic Active-Duty personnel and reservists added as cosponsors to this amend- brain injury is a new challenge for us, as well. No other brain center combines ment. My amendment No. 4884 and Sen- in greater numbers than we have ever treatment and clinical studies for the ator ALLEN’s are identical. seen in previous conflicts. The leading immediate benefit of our servicemem- The PRESIDING OFFICER. Is there organization within the DOD to deal bers. objection? with this is the Defense and Veterans This brain center also focuses on the Without objection, it is so ordered. Brain Injury Center. They started it in unique needs of the military and vet- Mr. DURBIN. If Senator ALLEN wants 1992, and the clinical treatment and re- eran beneficiaries, including return-to- to change that in any way, I will be search conducted by that center has duty considerations, continuation of happy to do it.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17100 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 I suggest the absence of a quorum. I know today Secretary Rumsfeld is Qaida cell, by this administration’s The PRESIDING OFFICER. The having elective surgery on his shoul- own reports that I have made public clerk will call the roll. der. I want him to know this is not time and time again. The American The assistant legislative clerk pro- about his personality, it is about his people get it. Today, 61 percent of the ceeded to call the roll. policies. I wish him well today. But I American people, nearly two-thirds of Mrs. BOXER. Mr. President, I ask do think it is time for new leadership all Americans, oppose the war in Iraq. unanimous consent that the order for at the Department of Defense. The American people are right. They the quorum call be rescinded. Last week, Secretary Rumsfeld com- understand the difference. They under- The PRESIDING OFFICER. Without pared critics of the Bush administra- stand that the President and the Sec- objection, it is so ordered. tion’s failed policies in Iraq to those retary of Defense, saying over and Mr. STEVENS. Mr. President, will who wanted to appease fascism and Na- over: Iraq, war on terror, same thing, the Senator yield to me? I wish to zism in the run up to World War II. On doesn’t make it true. make an inquiry of the Chair. this rampage, he said that those people When President Bush was asked di- Mrs. BOXER. I am happy to yield to who oppose this administration’s war rectly a few weeks ago on August 21, he my friend. in Iraq failed to learn the lessons of said: Iraq had nothing to do with the Mr. STEVENS. Mr. President, what history. terrorist attack of September 11, 2001. is the order? Is the order that we go to I have served in the Congress since But then I am assuming everyone gets the judge nomination at 4:30? 1983. I was sworn into the House that together and says: Well, the only way The PRESIDING OFFICER. That is year, and in 1992 was sworn into the we can try to win over the American correct. Senate. So it has been a long time. I people and get them on the side of this Mr. STEVENS. Mr. President, I ask have served with four Presidents, Re- war is to tell them over and over again the Senator—I don’t know how long publicans and Democrats. I have yet to that the Iraq war is about getting the she intends to speak; I don’t even need see a situation where a President of the terrorists. While Osama bin Laden is to ask—when she is finished, will she United States, in the middle of a hor- on the loose, while the Taliban are put in a quorum call if it is before 4:30, rific situation where we are losing our gaining strength in Afghanistan, while please? beautiful young men and women every we took our eye off that prize, while we Mrs. BOXER. I will be happy to do so. day, where they are coming home with lost the support of the world, we went Mr. STEVENS. I thank the Chair. post-traumatic stress disorder, with se- into Iraq. Secretary Rumsfeld is wrong Mrs. BOXER. Mr. President, I rise vere brain injuries—and I am very when he says we don’t understand this. today, as we debate the Defense Appro- pleased that Senators DURBIN and Osama bin Laden remains at large. priations bill, to talk about the leader- ALLEN have gotten together so we have America is bogged down in a war that ship of the Secretary of Defense and to a bipartisan amendment to help our becomes increasingly costly in dollars. relay to my colleagues on both sides of soldiers as they come home dealing My last memory is that it is costing $8 the aisle what I heard, as I was out and with these brain injuries—but I have billion a month. Eight billion dollars a about in California, about his com- never seen a President of any party month, while we can’t get $1 billion to ments and the need, in my opinion, to offer no hope, no exit, no way out. take care of 1 million kids who have no change direction at the Department of The best this President can say is: As place to go after school. That is just Defense. long as I am President, we are going to one comparison. While we are told we During this break, I was home in be in Iraq. Is that a policy? Is that a can’t afford interoperable communica- California working. There is a lot of plan? Is that a strategy? Is that hope? tions for our police, $8 billion a month anxiety in the land. Today, a new poll It isn’t. is being spent in Iraq. And the treasure came out and showed a huge percent- We hear the Secretary of Defense es- of our young people, each and every age of the American people—a huge sentially give no hope either. His an- day—today I heard right now, another percentage—angry, actually angry swer is to lash out at those of us who four—today, another four. about what is happening in this coun- want to give some hope, who want to Now, here is the situation: We have try today. If you probe and find out, find a way out of this. But he went too to hold people accountable. When I face there are many issues. They are angry far. He went too far because he at- the electorate, I am held accountable. about the economy, which they are tacked the American people. That is Everything I ever did that people part of, where they see corporate prof- what he did. I believe that Secretary didn’t like, believe me, I hear about it. its way up but wages stagnant or fall- Rumsfeld, who thinks that those of us There are 30-second commercials about ing—wages that cannot even keep up who believe this war is not going well it and people get to look at it and they with inflation. They are angry at defi- and that we need an exit strategy are hold me accountable. Secretary Rums- cits. They are angry at debt. They are wrong, is failing to learn the lessons of feld should be held accountable. Time angry at good jobs going overseas. history as he melds together the war and time again he has been wrong They are angry at the oil companies. on terror and the war in Iraq. about Iraq, and time and time again he They are angry at this Congress for He says we don’t understand history. has responded to his own mistakes by doing nothing about that, not even I say to him: I voted to go to war playing politics and attacking the supporting antigouging legislation. But against the terrorists. Every single American people and their patriotism the one thing they are angry and upset Senator, Democrat and Republican, if they oppose his ill-advised decisions about more than any other is the war voted to go after the people who at- and now calling them appeasers. Ap- in Iraq. tacked us, voted to go after the terror- peasers, the new ‘‘word du jour.’’ So I think it is time that the Senate ists. It was Secretary Rumsfeld who failed go on record and state very clearly Let me remind the Secretary that ac- to heed the warnings of military plan- that we are not satisfied with the way cording to a publication of this admin- ners and experts that the overthrow of things are going. We are angry as well. istration’s own Department of State, the Iraqi regime would be a prolonged We are upset as well. So over the re- there was not at that time one al-Qaida and costly undertaking. In fact, he cess, when Secretary Rumsfeld made cell in Iraq, when there were many failed to heed even his own advice. I his latest speech, which turned into an here in America. So don’t blend this. It would like to share Secretary Rums- attack on the American people who op- isn’t going to work anymore. The peo- feld’s own words with you to illustrate pose this war—61 percent of the people; ple are too smart for this. It was al- this point. This is what Secretary he called them appeasers—I just said Qaida who struck the United States on Rumsfeld said his guidelines would be: enough is enough, and I announced September 11, 2001—not Iraq—a coun- U.S. leadership must be brutally honest that I was preparing a resolution ask- try that didn’t have a single al-Qaida with itself, the Congress, the public, and coa- ing the President for new leadership at cell. It had a brutal dictator worthy of lition partners. We must not make the effort the Pentagon. the worst possible fate but not one al- sound even marginally easier or less costly

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A number of re- Now, this is the text of a memo- looting, this is nothing. tired generals who served our country randum: ‘‘Guidelines to be considered It was Secretary Rumsfeld who sent with honor and distinction have called when committing forces,’’ written by brave young American men and women for Secretary Rumsfeld’s resignation Defense Secretary Donald Rumsfeld in into combat without sufficient body over his mishandling of the Iraq war, March 2001. So this is 2 years before armor, telling the young soldier who including GEN Anthony Zinni, GEN Iraq. ‘‘It is a great deal easier,’’ he had the guts to ask him a question Wesley Clark, LTG Gregory Newbold, said, ‘‘to get into something than it is about this, he said: who actually was part of the team that to get out of it.’’ As you know, you go to war with the Army laid out the invasion plan for Iraq and But he didn’t follow his own guide- you have, not the Army you might want or who appeared before the Foreign Rela- lines. He never even had a plan to get wish to have at a later time. tions Committee and clearly offered a out of it. What kind of comment is that? Why better way a year, a year-and-a-half So I remember very clearly his other would he not say: ago, a better way out of this war. MG quote. He said: Young man, you had the guts to ask that John Batiste, MG Charles Swannack, This war could last six days, six weeks. I question, and I am going to make sure that Jr., MG John Riggs, and MG Paul doubt six months. we do everything we have to do to make you Eaton. We remember what happened. That was February of 2003. as safe as you can be. As soon as these generals had the cour- And then he said in February of 2003: He needs to go. age to go out and say something, they There is no question but that American It was Secretary Rumsfeld who sat were slapped down hard by this admin- forces would be welcomed by the majority of back, without doing anything, in the istration, essentially saying they had the civilian population of Iraq. face of widespread violence, the rise of no right to express themselves. Well, Now, if he said this and no more—I sectarian militias, and the rapid quite the contrary. Quite the contrary. would say you have to hold someone growth of the insurgency. We went and I heard my leader, HARRY REID, say responsible who has done all of this: set asked questions of him time and time something very interesting one day. He out guidelines and then turns around again. It was the same thing, always: quoted Teddy Roosevelt, the Repub- and doesn’t pay attention to his own Everything is going great. There are a lican President, who said something guidelines; predicts the war would, at couple of bad apples, a couple of bad like this. I am paraphrasing, but I am using very similar words. He said: In a tops, last 6 months, he doubted it; and apples. time of war, if you don’t agree with the that we would be welcomed by the ma- It was Secretary Rumsfeld who pre- commander in chief and you say noth- jority of the civilian population of sided over the Pentagon during the ing, you are guilty of treason. That is Iraq. He ought to tell that to a mother Abu Ghraib Prison abuse scandal which a Republican President. How much I just met with whose military son was diminished U.S. standing in the world have they changed? Now if you try to training the Iraqi military when one of and caused irreparable harm to the say anything, they slap you down. the Iraqi military killed him in cold image of the U.S. military. I remember These generals deserve our thanks for blood. Tell that—tell that to the mili- looking at a document that the Sec- having the courage to come forward, tary moms that I meet with. retary had approved of, where he said, having the courage to say we need new It was Secretary Rumsfeld who said these are the things that he thinks we should be able to do to the prisoners, leadership at the Pentagon. on March 30, 2003: MG Paul Eaton, who was responsible and it was pretty shocking. But what We know where they are, the weapons of for training Iraqi security forces from has happened to this country is we mass destruction. They are in the area 2003 to 2004—and, by the way, that is a have never been held in lower esteem, around Tikrit and Baghdad and east, west, hard job. I saw it being done when I south and north somewhat. ever, than we are today. was in Iraq last. MG Paul Eaton wrote This face, Secretary Rumsfeld’s face, I remember sitting across from him, in the New York Times on March 19, and this history, Secretary Rumsfeld’s just a few feet, looking right into his 2006, that Secretary Rumsfeld, ‘‘has history, is dogging this country. I hope eyes after we had started looking for shown himself incompetent strategi- the President would see this, and we the weapons of mass destruction, and cally, operationally, and tactically, know he is extremely loyal, but it is he still held to all that: Oh, I know. and is far more than anyone else re- You turn left at the fountain. It was time to be loyal to the troops now. It is sponsible for what has happened to our that kind of a response. We know ex- time to be loyal to the families now. It important mission in Iraq. Mr. Rums- actly where they are. Well, they had is time to be loyal to the American feld must step down.’’ relied on people who were phonies. people now who are very angry about This is not easy for former generals, Their intelligence was wrong. But his what they see. It is time for him to go to say these things. What is important judgment was to listen to those folks and get a fresh face in there. There are is that we hear them. Not that we say who were known to be exaggerators. a number of people—and I wouldn’t you have no right to speak. This is It was Secretary Rumsfeld who said even consider putting any names out America. They have the obligation to on April 11, 2003, in the wake of wide- because it is not appropriate for me to speak, and each of us has the obliga- spread looting after the fall of Saddam do that. But there are many men and tion to speak. No one in this country Hussein when they were looting the women in this country who could take should be afraid of saying what is on museums, there was no law, there was on this task and bring a freshness to his or her mind. If we get to that point, no order. We had no plan. Our military the job, a new perspective, someone we are in deep trouble. did everything that was asked of them who isn’t tied down to past Talk about the lessons of history—we and they did it perfectly. There was no misstatements, past mistakes, and now have our men and women in uniform plan. And this is what he said in light this attack that he unleashed, this ti- fighting to give the Iraqis a chance at of this widespread looting: rade on the American people. freedom. They are doing every single Stuff happens, and it’s untidy and free- It is time for new leadership, new di- thing they can do. They have accom- dom’s untidy, and free people are free to rection, and new vision. We can do bet- plished every single mission. We can go make mistakes and commit crimes and do ter. We have to do better. And I have to back to the missions they have com- bad things. say in this conversation that there pleted. Those missions changed con- What a message. We now know—and have been many on the other side of stantly. we knew then as we watched it—that the aisle, both sitting in the Senate First it was find the weapons of mass this looting set the stage for the cli- and also running for the Senate, who instruction. Well, they found they were

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17102 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 not there. Then we said get rid of Sad- confusing the public purposely because ant cargo containers installed so if dam Hussein, and they captured him he sees, politically, the people are there is a blast, it will remain inside and he will meet his fate. Then they catching on. the container and not bring the air- said there is some trouble here, let’s How many more troops do we have to plane down. show we are tough, so they killed his lose? Madam President, 2,652 troops Do you think this administration sons, and then the administration have lost their lives in Iraq and nearly will do this? Let me tell you no, and let chose to put those pictures on tele- 20,000 have been wounded. The cost of me tell you how I know—because I sit vision, thinking that would send a mes- this war will soon reach $318.5 billion. on the Commerce Committee. We have sage: Don’t mess with us. We don’t have enough money to insure jurisdiction over the FAA. Years ago, I Then they said we have to have an our children for health care. We don’t had an amendment pass the committee election. Our troops were magnificent. have enough money to protect our that said: Let’s test these blast-resist- They set the stage for the election. ports. We don’t have enough money for ant containers. Usually they would be Then they said we have to train their interoperable communications. We made out of Kevlar. If you have ever troops, and they trained their troops. don’t have enough money to protect seen Kevlar, had an experience with Then they said they need another elec- our nuclear powerplants and our rail- Kevlar, you know this is a fantastic tion, and they did it again. They did an roads. And while we are taking away product we can use. Oh, no, they are extraordinary job. lip gel from women on planes, they are still studying it. And they are still not But they cannot want freedom and still not checking the cargo that goes inspecting cargo. democracy more than the Iraqis want inside the planes. We can’t afford it— So when we are told the alerts are it. Name one country that could be a oh, no. But we can afford this and tax up, of course we have every reason to country but has to rely on a foreign cuts to millionaires—again and again be worried because we are not doing power to run the country and to pro- and again. what we should be doing because we vide the security. You can’t find a I guess we can afford these deficits are spending $8 billion a month on Iraq, country that is surviving in that situa- and we can afford the debt that is we are spending $318 billion, we are tion. You cannot. reaching such a major proportion that stretching our military thin, we are We just saw, in Lebanon, Hezbollah, a it is not only our children but our soft on homeland defense, and we have terrorist group, acting like a state grandchildren, and maybe theirs, who neglected Afghanistan. within a state. That is unacceptable. will have to pay off this debt. And we The face of this policy, in addition to The world is coming to Lebanon’s res- were on our way to a debt-free America the President, is Secretary Rumsfeld. cue. Hopefully it will work and they when this administration took over. Now as he looks around the world, he will stop attacking Israeli soldiers and We have shortchanged the war in Af- has to see it. Everybody does see it. sending their rockets into Israel and ghanistan, which is the central front of You can dream about a better world, they will leave the Lebanese alone and the war on terror. According to the but all you have to do is open any the Lebanese will protect their secu- New York Times, suicide bombings newspaper—I don’t care whether it is a rity. We cannot do the job of security have doubled. The roadside bombs at- liberal or conservative one or inde- for the people of Iraq if they are not in- tacks, modeled after those carried out pendent or moderate—and you know terested in doing it. in Iraq, are up 30 percent. The United what is happening on the ground all Let me say, when I was over there, Nations announced Saturday that this over the world. You see it. From there is an attitude there that we will year’s opium crop in Afghanistan has Darfur to Afghanistan to Iraq to Iran just stay forever, that they never have reached the highest levels ever re- to North Korea to London—where, to do this. There is an attitude over corded, yielding extraordinary profits thank God they foiled the plot of the there like that. I don’t mind being that we know fall back into the hands terrorists there. Uncle Sam, but I sure don’t want to be of the very people we are trying to de- Instead of saying maybe it is time we Uncle Sucker. This isn’t right. This feat. just look at our priorities and do a lit- isn’t fair. This isn’t just, to send our Tragically, attacks against schools tle bit more—we all know in America people back and back and back, to sec- are on the rise, and attacks against that the war on terror is going to be ond tours of duty, third tours of duty, women. In January, armed men in the with us. We all know we have to be pre- to do a job the Iraqis must do for them- Zabul province of Afghanistan be- pared. We all know they do not give up. selves. headed a high school headmaster in We all know they will try again. We all This sectarian violence is the prob- front of his children. By March, half of know al-Qaida is still out there, with lem. The Bush administration itself, the schools in the province had closed bin Laden—but even if it didn’t have while they try to make this a war on and attacks reached an average of one bin Laden, it would still be out there. terror, says and teaches us that it is a a day. Yet what does Secretary Rumsfeld do? small percent of the violence that is We are losing ground. Iraq, Iraq, He starts a fight by calling the Amer- coming from the terrorists. The vast Iraq—24/7—Iraq, Iraq, Iraq. There are ican people, who do not agree with majority is sectarian violence. That is no time lines, no deadlines, no hope, no him—the majority, vast majority—ap- why the American people are seeing vision, no plan. The only thing we peasers when they understand very through this. What they are learning is know from this President is, as long as clearly that the war in Iraq is a diver- that in fact this operation in Iraq is I am in power, he says, we will be in sion from the war on terrorism and shorting the war on terror. Iraq. that we are failing on the war on ter- I spoke before about Afghanistan. We We are weaker in Afghanistan be- rorism because we have not invested in went in there with the vote of every cause of Iraq. We are weaker on home- it and haven’t focused on it. The Amer- single Senator, to get the terrorists. land security. I call this administra- ican people want us to do that. It is We had the world in our hands. Then tion soft on homeland defense because time for a new direction. we made a detour, turned around, and they will not do what needs to be done. I brought to the attention of the Sen- now Afghanistan is having trouble. There are things we could do right ate the threat from shoulder-fired mis- That should have been the model we now, today, that absolutely make emi- siles. Two dozen terrorist organizations used. That would have sent the mes- nent sense. They are not politics. They have them. They sit on the shoulder, sage. We would have gotten bin Laden. are not politics. The 9/11 Commission they weigh 35 pounds, and they can We would have ended the Taliban. Now came out with a number of rec- catch an airplane. Oh, they are slow- they are all creeping back in, as is the ommendations, dozens of them. We walking that. They just don’t have the drug trading. This adventure in Iraq know they said that it is important money. They tested it, but they are has weakened the war on terror. When that we either screen the cargo for ex- slow-walking it. Secretary Rumsfeld refuses to see that plosives—the cargo that goes on pas- It is time for accountability. I do not clearly and tells us it is all one, he is senger planes—or we have blast-resist- think staying the course with a failing

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00026 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17103 policy in Iraq has anything to do with in downtown Pittsburgh where con- arrested because he reported the truth appeasing the Nazis before World War cerned citizens gathered to decry the which the Government of Sudan is try- II. Get with the current moment, Mr. situation, to urge United Nations’ ac- ing to conceal. Secretary and Mr. President. Let’s get tion. The following day, I wrote to the There being no objection, the mate- a fresh face over at the Department of President requesting that a Special rial was ordered to be printed in the Defense. Let’s move forward with hope. Envoy to Sudan be appointed. RECORD, as follows: Let’s move forward with a plan. Let’s I ask unanimous consent that my let- [From USA Today, Aug. 31, 2006] win back the confidence of the Amer- ter to President Bush, dated September U.S. REPORTER’S ARREST SHOWS SUDAN HAS ican people together, all of us. And 1, be printed in the RECORD. SOMETHING TO HIDE let’s win back the confidence of the There being no objection, the mate- The great journalists, writer Pete Hamill world. rial was ordered to be printed in the has said, are ‘‘men and women who take a I believe it starts with account- RECORD, as follows: torch to the back of a cave and report what they see to the rest of the tribe.’’ ability. That is why I plan to support Hon. GEORGE W. BUSH, One of the darkest places on earth today is an amendment that will be offered to The President, The White House, the war-torn Darfur region of Sudan, where this bill calling for new leadership at Washington, DC. at least 200,000 people have been killed and 3 DEAR MR. PRESIDENT: I write to express my the Department of Defense. million rendered homeless since 2003. support for your efforts to bring an end to Award-winning U.S. reporter Paul Salopek Mr. President, I yield the floor. I sug- the ongoing crisis in the Darfur region of gest the absence of a quorum. was simply trying to illuminate the situa- Sudan and to urge the immediate appoint- tion there when he was detained earlier this The PRESIDING OFFICER. The ment of a Special Envoy to Sudan. month, jailed and accused of espionage and clerk will call the roll. I commend the hard work of your Adminis- writing ‘‘false news.’’ The assistant legislative clerk pro- tration to achieve the Darfur Peace Agree- Looking for the truth in places such as ceeded to call the roll. ment (DPA), which was signed by the gov- Darfur, where truth is in short supply and Mr. SPECTER. Madam President, I ernment of Sudan and the Sudan Liberation needed so much, is a dangerous business. Army (SLA) faction led by Minni Arku From 2001 through ’05, 202 journalists were ask unanimous consent that the order Minnawi on May 5, 2006. I also applaud your for the quorum call be rescinded. killed on duty, up from 136 in the prior five efforts to mobilize international support for years, according to the Committee to Pro- The PRESIDING OFFICER (Ms. MUR- the deployment of a United Nations (U.N.) tect Journalists. KOWSKI). Without objection, it is so or- peacekeeping force to replace the African If it weren’t for reporters like Salopek, the dered. Union (A.U.) force currently in the region. I world would know little more than the twist- Mr. SPECTER. Madam President, be- believe the DPA and deployment of a U.N. ed stories put out by the Sudanese govern- fore the time arrives for consideration force are important steps towards ending the ment about the genocide in Darfur. His ar- of the judicial nominee, I ask unani- crisis in Darfur, which to date has led to rest is just one more of Sudan’s increasingly over 200,000 deaths and 2 million people dis- mous consent to proceed as in morning shameless efforts to keep outsiders from re- placed from their homes and dependent on porting on—or doing something to end—the business. international aid agencies for survival. killings and mass rapes. Those government The PRESIDING OFFICER. Without Unfortunately, the refusal of many rebel efforts range from shutting down many aid objection, it is so ordered. groups to sign the DPA, the limited capabili- operations to refusing to accept a force of f ties of the A.U. peacekeepers, and rejection United Nations peacekeepers. by the government of Sudan of the deploy- Similar attempts to bottle up truth or use SUDAN ment of a U.N. force, has led to continued vi- journalists as pawns are common: Mr. SPECTER. Madam President, I olence and further deterioration of the hu- In China, Zhao Yan, a Chinese researcher for The New York Times, was jailed in 2004 urge my colleagues to forcefully ex- manitarian situation in Darfur. In July, the U.N. World Food Program (WFP) reported on charges of leaking state secrets. He was press themselves, to urge and perhaps that more than 470,000 of 2.8 million planned acquitted of those charges last week but sen- even compel the Government of the beneficiaries did not receive food assistance tenced to three years in prison on an unre- Sudan to proceed to accept a United due to the deteriorating security conditions. lated charge. Times executive editor Bill Nations peacekeeping force of some To make matters worse, reports indicate Keller said the only thing Zhao ‘‘committed 20,000 to bring stability to that area. that the government of Sudan is preparing a is journalism.’’ We have seen a drastic situation evolve renewed assault against rebel groups that re- In the Middle East, U.S. journalists have main outside the DPA. Aid officials, cited in become targets. Two Fox News journalists where some 3 million people have been were snatched by militants in Gaza and held displaced—perhaps a few more, perhaps a August 31, 2006 article in The New York Times, stated that a military offensive in for two harrowing weeks before their release a few less—and some 300,000 have been Darfur could lead to the ‘‘complete evacu- Sunday. Their concern? That the incident killed. The fighting goes on between ation of humanitarian workers in Northern would deter others: ‘‘I hope that this never the Government of Sudan and the Darfur, which would leave millions without a scares a single journalist away from coming rebels. lifeline’’ and that the resulting loss of life to Gaza to cover the story,’’ said reporter And the prospects are for additional ‘‘could dwarf the killings in 2003 and 2004’’. Steve Centanni after his release. The DPA was signed in great measure due Given the risks, even the severest press bloodshed and significant displacement critic would concede that reporters’ willing- of refugees are great unless there is to the work of then-Deputy Secretary of State Robert Zoellick. However, in light of ness to venture into the deepest caves is a some forceful action taken by the his resignation and the fragility of the pros- courageous public service. That’s all that Salopek was doing. A Chi- United Nations. pects for a sustainable peace in Darfur, I cago Tribune reporter on a freelance assign- The proposal has been made to have urge that you immediately appoint a Special ment for National Geographic, he sneaked 20,000 U.N. peacekeepers deploy to Envoy to Sudan. With so many lives hanging across the Sudanese border from Chad with- in the balance, it is vital that the U.S. dem- Darfur to try to stabilize the situation. out a visa. For reporters, that’s about the onstrate its commitment at the highest level Regrettably, this has been rejected by only way to get in. Usually when they are to the success of the Darfur peace process. I the Government of Sudan. caught, they are deported. Just today, the New York Times re- believe the appointment of a Special Envoy, This time, Sudan apparently chose to ports that the Government of Sudan charged to proactively work with all parties make a point. It did—that its claims about to fully implement the DPA and secure the Darfur are not credible. The State Depart- has given the African Union an ulti- deployment of a U.N. force represents the matum—either proceed under the ment and others are pressing Sudan to set best prospect for avoiding further catas- Salopek free. terms of the Government of Sudan, trophe in Darfur. Salopek is anything but a spy. He is a vet- which is characterized by the news re- Sincerely, eran reporter who has won journalism’s port as ‘‘blackmail,’’ or for the African ARLEN SPECTER. highest honor twice. And, unfortunately, he force of some 7,000 proposed peace- Mr. SPECTER. Madam President, I is the latest victim of those who seek to keepers—they really are ineffectual in ask unanimous consent that a report of keep the public in the dark. the job—to vacate the country by Sep- USA Today, dated August 31, be print- Mr. SPECTER. Madam President, I tember 30. ed in the RECORD. The headline is ‘‘U.S. ask unanimous consent that my pre- I participated last Thursday, August Reporter’s Arrest Shows Sudan Has pared written remarks be printed in 31, in a forum in the Trinity Cathedral Something To Hide.’’ The reporter was the RECORD.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00027 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17104 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 There being no objection, the mate- sulting in the continued deterioration of the ask unanimous consent that a full text rial was ordered to be printed in the humanitarian and security situation. of my report on foreign travel be print- I believe the Darfur Peace Agreement and RECORD, as follows: ed in the RECORD. deployment of a United Nations force are im- The PRESIDING OFFICER. Without STATEMENT OF SENATOR ARLEN SPECTER portant steps towards ending the crisis in THE SITUATION IN DARFUR, SUDAN Darfur. I applaud U.S. efforts to mobilize objection, it is so ordered. international support for the deployment of (See exhibit 1.) Mr. President, I seek recognition today to Mr. SPECTER. Madam President, as call attention to the continuing crisis in a U.N. peacekeeping force to replace the Af- Darfur, Sudan. Tensions are not new to this rican Union force currently in the region. is my custom, when I return from for- drought plagued region where Arabic nomads The African Union has a 7,500 peacekeeping eign travel, I file a report with the Sen- and African farmers have long competed for force deployed in Darfur. However, The Afri- ate. land and resources. However, the current cri- can Union force is slow, poorly equipped and From August 5 to August 24, I trav- sis began in February 2003 when two non- too small. Moreover, this force is quickly eled abroad. I started with a delegation Arab Darfur rebel groups, the Sudan Libera- running out of funding and has a limited led by Senator TED STEVENS and Sen- tion Army and the Justice and Equality mandate that allows it to monitor but not ator DAN INOUYE to China where eight Movement, rose up against Sudan’s Arab enforce the cease-fire agreement. U.S. Senators participated in a forum dominated government, demanding the same On September 1, 2006 the U.N. Security Council approved a resolution authorizing with Parliamentarians from China. We resource and power-sharing concessions discussed a broad range of issues, with being offered to rebels in southern Sudan the deployment of a U.N. military force of up who were then engaged in peace talks to end to 17,300 members and a civilian police force the Chinese delegation being very a separate conflict with the Government in of 3,300 with a Chapter VII mandate author- forceful on their concern about the Khartoum. izing the use of force to protect civilians, re- one-nation policy, that Taiwan not be The response from the Government of lief workers and U.N. workers. Regrettably, regarded as an independent nation. We Sudan was swift and brutal. An estimated the Government of Sudan has refused to ac- had extensive discussions about the 200,000 Sudanese refugees fled to neighboring cept a U.N. deployment. In a statement re- economic imbalance which exists in ported by the New York Times on August 22, Chad telling of a scorched earth campaign trade, on the manipulation by the Gov- being carried out by armed militias, known 2006, Sudan’s President, Omar Hassan al- Bashir, seemed to suggest he would resist ernment of China of its currency, and as the Janjaweed, supported by the Govern- on the issue of human rights. ment of Sudan. While the Government such a deployment with force when he stated bombarded villages from the air, militias fol- Sudan would ‘‘defeat any forces entering the I raised with the Chinese officials the lowed on the ground murdering men and country just as Hezbollah has defeated the issue of human rights starting with the children, raping and branding women, and Israeli forces.’’ incident in 1999 where the Dickinson pillaging and burning homes. On August 31, 2006, I attended a rally at the law librarian in Pennsylvania was kept The House and Senate declared the atroc- Trinity Cathedral in Pittsburgh, Pennsyl- in custody for some 7 months without ities in Darfur ‘‘genocide’’ in July 2004. vania sponsored by the Pittsburgh Darfur being able to see a lawyer, and without Former Secretary of State Colin Powell, in Emergency Coalition to call attention to the crisis in Darfur. The following day, I wrote being able to see his wife. remarks before the Senate Foreign Relations Following that, an appropriation was Committee on September 9, 2004, stated that, to President Bush urging he appoint a Spe- cial Envoy to Sudan. With so many lives made for approximately $2 million in ‘‘genocide has been committed in Darfur and each of the past several years for Tem- the Government of Sudan and the Janjaweed hanging in the balance, it is vital that the bear responsibility.’’ Further, the Inter- U.S. demonstrate its commitment at the ple University to establish in Beijing a national Commission of Inquiry on Darfur, highest level to resolving the Darfur crisis. I law school to teach human rights, with in its January 25, 2005 report to Secretary believe the appointment of a Special Envoy, a focus on Chinese judges, Chinese pro- General Kofi Annan, found that, ‘‘the Gov- charged to proactively work with all parties fessors, and Chinese lawyers. ernment of Sudan and the Janjaweed are re- to fully implement the Darfur Peace Agree- During the trip to Beijing, I met with sponsible for serious violations of inter- ment and secure the deployment of a U.N. almost 50 of the students at the national human rights and humanitarian law force represents the best prospect for avoid- school—some judges, some lawyers, amounting to crimes under international ing further catastrophe in Darfur. The crisis in Darfur can not be ignored. and some academics—where there was law.’’ a concern to understand due process of Today, the situation in Sudan represents The international community must be al- the worst humanitarian crisis facing the lowed to take action before the situation de- law. I was pleased to hear some reports world. Since the start of the conflict, the teriorates further. I urge the Administration that there has been an improvement in United Nations High Commissioner for Refu- to appoint a Special Envoy to Sudan to work some situations on filing charges, on gees estimates that 350,000 people have died with all parties to bring an end to the crisis, the access of counsel. I believe the in the region as a result of violence, disease and urge the Government of Sudan to allow school of law established by Temple or starvation. In addition, according to the the deployment of a U.N. force. I yield the floor. University in Beijing is very useful. United States Agency for International De- But I think, realistically, they have a velopment, the crisis has resulted in 1.8 mil- Mr. SPECTER. Madam President, I suggest the absence of a quorum. very long way to go. lion people displaced from their homes and From China, I then set out to Nepal, dependent on aid agencies for survival. The PRESIDING OFFICER. The visited Katmandu, and spoke to the Due to continued pressure by the U.S. Gov- clerk will call the roll. ernment, in particular the efforts of former The assistant legislative clerk pro- Prime Minister, who has had a very dif- Deputy Secretary of State Robert Zoellick, ceeded to call the roll. ficult time. There was a great deal of the government of Sudan and the strongest Mr. SPECTER. Madam President, I unrest in the country following the faction of the Sudanese Liberation Army ask unanimous consent that the order King’s taking power from the elected signed the Darfur Peace Agreement on May for the quorum call be dispensed with. government. Following strong public 4, 2006. Under the terms of the Darfur Peace The PRESIDING OFFICER. Without resistance and marches, the King Agreement, the Janjaweed militias are to be stepped down. Seven political parties disarmed, rebel fighters are to be integrated objection, it is so ordered. into Sudan’s national forces or provided with Mr. SPECTER. Madam President, be- are trying to go through the formation the support necessary to assist their return fore proceeding to the nomination of of a new government. to civilian life, measures are to be imple- Kimberly Ann Moore to be U.S. circuit They are being challenged by malice, mented to increase security for displaced judge for the Federal Circuit, I ask with an overriding concern about the persons and refugees, power and wealth shar- unanimous consent that I may proceed possibility of violence there. ing mechanisms are to be established at the for 10 minutes as if in morning busi- I discussed a major situation where national and local levels, and the Sudanese ness. there are more than 100,000 refugees in government is to provide Darfur with robust The PRESIDING OFFICER. Without Nepal originating from neighboring reconstruction assistance amounting to $700 objection, it is so ordered. Bhutan. I traveled next to Bhutan, million. which is a remarkable country situated Unfortunately, the Justice and Equality f between Nepal and Tibet. James Hil- Movement and a smaller rebel group for- REPORT ON FOREIGN TRAVEL merly part of the Sudan Liberation Army did ton’s famous book, ‘‘Lost Horizon,’’ lo- not sign the agreement, the Janjaweed has Mr. SPECTER. Madam President, at cates the idyllic spot, Shangri-La, with not been disarmed and violence persists re- the conclusion of these brief remarks, I fantasy, in Bhutan or in Tibet.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00028 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17105 Bhutan is a country of about 700,000 Regrettably, those problems are be- Ambassador beginning by challenging me for people. It was totally isolated until yond anyone’s solution, but the reha- meddling in internal Chinese affairs. I re- 1950 when the King invited in for- bilitation of Libya and Qadhafi showed sponded politely but forcefully that it was eigners. It was said that up until that hardly meddling in Chinese internal affairs that there is some hope to turn major when they detained a Pennsylvanian under time they lived in a medieval state. terrorists into a rehabilitated situa- the circumstances noted without any basic Now there is a King, 51—very progres- tion. rights. I emphasized that I had great respect sive, who has not waited for popular We then flew overnight to China and for China, a powerful country of 1 billion, 250 unrest to oust him. But they are mov- returned to the United States. As I million people at which point I was inter- ing ahead with the formation of a con- said, the details are set forth in the ex- rupted by the Ambassador who said: ‘‘please stitution—and a very unique constitu- tensive written report which follows Senator, 1 billion, 300 million people.’’ From tion where they are concerned about the conclusion of these extempo- the time I had last checked the Chinese sta- the gross national happiness product as tistics they had gained about 50 million peo- raneous comments. ple, about the population of France. We con- opposed to the gross domestic product. EXHIBIT 1 tinued to discuss the matter when the Am- I had a lengthy discussion with the STATEMENT OF ARLEN SPECTER bassador notified me that Mr. Song was King about setting up a constitution REPORT ON FOREIGN TRAVEL about to be released and would be arriving where the monarch must step aside at Mr. President, I have sought recognition to by air in Philadelphia in a few days. I told Chairman Sheng Hauren about this the age of 68. Bhutan is being modern- report on foreign travel, as is my custom, incident as a primer to discussing with him ized. from August 5 to August 24, 2006. On August the action taken as a result of the detention The road from the airport city to the 5, I joined a delegation led by Senator Ted of Mr. Song. I introduced legislation to ap- main city, Thimpu, is 60 kilometers of Stevens which departed from Andrews Air propriate approximately 2 million dollars to treacherous highway road. But it is a Force Base at 11:00 a.m. en route to Guilin, establish a branch of the Temple Law School remarkable country. China, via Beijing to participate in the Un- in Beijing to teach judges, prosecutors, aca- There I talked to the Chief Justice of tied States-China interparliamentary con- demics and students the fundamentals of due Bhutan. I talked to him about the for- ference. Senator Stevens is the Chairman of process of law. Chairman Sheng Hauren lis- mation of their constitution as I had that conference and Senator Daniel Inouye is tened politely and said, of course, that he done in Nepal. The issue of a constitu- the co-chairman. Senator Patty Murray and knew nothing about the specifics of the case Senator Norm Coleman serve as vice-chair- tion is one which is spreading around I cited. He said that with the developing men. In addition, the delegation consisted of country in China and the need for civil order the world, with considerable modeling Senator Thad Cochran, Senator Mark Day- after the Constitution of the United there were occasions where arrests were ton, Senator Lamar Alexander and Senator made which might seem extreme to for- States which was, as we know, the first Richard Burr. eigners. I did not press the matter further, complete written constitution. Our first stop was Anchorage, Alaska but I already made my point about being From Bhutan, I then traveled to Ku- where we landed at Elmendorf Air Force concerned about human rights and the rights wait. I met with the Emir of Kuwait Base after a flight of 7 hours. After dinner of detainees in China. and with the Prime Minister and had and overnighting at the Captain Cook Hotel, I asked Chairman Sheng Huaren about the extensive discussions about the con- we departed for Beijing the next morning, relative authority of the Chinese courts com- August 6, at 9:00 a.m. We passed the inter- pared to the Executive Branch or the Na- cerns of the nuclear activities in neigh- national date line and arrived in Beijing at boring Iran. We spent just an overnight tional People’s Congress. Chairman Sheng about 9:00 a.m. Beijing time on Tuesday, Au- Huaren replied that after the Supreme Court there and then on to Israel. Regret- gust 7. We then flew an additional 3 hours to of China had ruled, their decisions could be tably, we had to make a stop in Cy- Guilin where the conference was held. Most overturned by National People’s Congress. I prus. The rules are, if you come from of us decided to stay up for the balance of replied that it was exactly the opposite in an Arab country you can’t fly directly the day although we had already been up the United States where the Supreme Court to Israel, just as we cannot fly directly some 24 hours to try to get on our regular had the final word in deciding the constitu- from Israel to Libya. But we had to body clock schedule. Joan and I took a long tionality of congressional enactments and make a stop in Cyprus, and coming walk, visited the town, had an early dinner, the Supreme Court had the authority to and retired. It is always difficult to get much from Kuwait, we had to make a stop in overrule the President’s exercise of execu- sleep on the first night, but we awoke some- tive power as the court has recently done in Amman, Jordan, before going on to what refreshed. the celebrated case of Hamdan v Rumsfeld Israel. On the morning of Tuesday, August 8, we when the Supreme Court ruled the President In Israel, we met with Prime Min- took a trip on the Li River hosted by the did not have the authority to set the rules of ister Olmert and with Defense Minister interparliamentary group’s Chairman, Sheng the trials of war criminals. Perez. We reviewed the situation and Hauren. It was a magnificent boat trip. The I asked Chairman Sheng Huaren why there our findings there are set out more ex- area is heralded as one of the China’s most had been so much more economic develop- tensively in the written report. extraordinary scenic spots. With lunch being ment in China contrasted with India which From Israel, we traveled on to Libya served onboard, it provided an opportunity had a population almost as large, one billion and saw a remarkable transformation for extensive informal discussion with our compared to 1.3 billion, and the government Chinese hosts. of India had the benefit of democratic insti- of Libya and Libya’s leader, Colonel Chairman Sheng Hauren was a charming tutions which would have been expected to Qadhafi. I think there has been a his- host in his mid-60s with a full head of gray produce more individual initiatives. Chair- toric rehabilitation of the nation of hair, portly, with a perpetual smile and an man Sheng Huaren replied that China had Libya and the leader, Colonel Qadhafi, easygoing disposition. I told him of my spe- enjoyed greater success because of China’s where they have moved from being the cial interest in human rights in China aris- planning and the diversification of owner- world’s leading terrorist state in very ing out of an incident where a librarian from ship. He pointed out that early on in China, heavy competition, at least at the time Dickinson College, Mr. Yongyi Song, was de- employees had an interest in ownership. He they blew up Pan Am flight 103 back in tained by Chinese officials in 1999. Mr. Song noted that there had been planning between 1988 and blew up the German dis- was born in China and immigrated to the urban and rural areas with special attention United States where he was about to fulfill being devoted to agriculture as the primary cotheque killing U.S. soldiers and his requirements for citizenship when he re- industry with secondary attention to manu- wounding many more. turned to China for research. He was ar- facturing and beyond that the service indus- We had an opportunity to meet Colo- rested, held for 7 months without an oppor- try. The Chairman emphasized that there nel Qadhafi. We took a plane flight tunity to see counsel or even his wife. No had been a special effort made in China to from Tripoli for a couple of hours, charges were brought against him and no achieve a harmonious social society which moved on to the middle of the desert, hearing had been set when it was called to promoted productivity and economic ad- met with him in his tent, and had a my attention. vancement. discussion with him looking for some I filed a Senate resolution reciting the The boat ride ended mid-afternoon and we guidance as to how a major world ter- facts, condemning the process which lacked docked at a nearby town where shopping was even the fundamentals of due process of law available and then drove back to Guilin. The rorist could rehabilitate, pay com- and urged his release. Shortly after filing the Chairman hosted a dinner that evening in a pensation, as to whether there could be petition, I was summoned by the Chinese magnificent dinning hall which was part of any insight as to what we might do Ambassador to the United States to meet the large conference center. The full delega- with North Korea and Iran today. with him. It was a testy meeting with the tion and spouses and staff were present with

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00029 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17106 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 almost 100 people in attendance for the cus- the detention facility at Guantanamo Bay seek rapprochement with the Maoist insur- tomary Chinese eight course dinner. and the NSA wiretapping program. I ex- gents. In April 2006, popular anger at the The next morning, the delegates arrived plained to the students the importance of King’s abuse of power resulted in three for the traditional photo session with the the rule of law in American society and that weeks of massive demonstrations across the two hour morning program beginning at 9:30 no man is above the law. I highlighted the country and broad public support for a na- AM. The topics which had been agreed upon benefits of a system where the accused have tionwide general strike called by the coali- were bilateral relations and trade and invest- the right to counsel, to a trial and to know tion of political parties, and backed by the ment. After a break for lunch, again sump- why they are being detained. Maoists. tuous, the afternoon session began at 2:00 PM I elaborated on the role of the courts as the After unsuccessfully attempting to force- and ran until approximately 4:00 PM with final arbiter and that neither the Congress fully suppress the demonstrations, the King international security and energy as the top- nor the President could overrule the courts. announced the reinstatement of Parliament ics. In contrast, the National People’s Congress on April 26, 2006. The Parliament has since The tone of the meeting was very cordial. of China supersedes any decision made by taken action to strip the King of his political Senator INOUYE drew a laugh when he said it the courts. The hour-long session provided and military powers, reciprocated a Maoist was better to talk than to shoot. Chairman ample time for dialogue with the students. cease-fire, and released hundreds of guer- Sheng Huaren got down to business promptly They asked a variety of questions with spe- rillas, including some of their top leaders, raising the issue of Taiwan which is very cial attention to civil liberties, national se- from jail. In talks with the Maoists, the Par- much on the minds of the Chinese. Chairman curity, medical care for women, same sex liament has also agreed to the writing of an Sheng Huaren stated that he appreciated the marriage and the war in Iraq. interim constitution, to the formation of an reiteration of our one China policy and I ask unanimous consent that the Special interim government, and to hold new elec- China was totally opposed to unilateral ac- Report on Temple Students compiled by the tions. tion meaning any effort by Taiwan to break Beasley School of Law and letters supporting In February 1996, the leaders of the under- ground Communist Party of Nepal (Maoist) away from China. the program be included in the record. and the United People’s Front (UPF) At one point in the conference, Senator I rejoined the delegation later that after- launched a ‘‘People’s War’’ in the Mid- STEVENS reiterated that the United States noon for a meeting with Wu Banggou, Chair- western region of Nepal, with the aim of re- stood behind the one China policy and added, man of the National People’s Congress, at placing the constitutional monarchy with a prefacing his remarks that it was intended the Great Hall of the People. Our conversa- one-party Communist regime. The insur- to be in the friendly constructive spirit, that tions included a wide range of issues includ- gency has claimed the lives of approximately the Chinese were preoccupied with the one ing national security, weapons proliferation 13,000 people. With an estimated 5,000–10,000 China issue. Senator STEVENS noted China and trade. Following the meeting, Chairman armed fighters utilizing guerrilla warfare was soon to play host to the 2008 Olympics Wu hosted a banquet for all members of the delegation at the Great Hall of the People. tactics including murder, torture, arson, sab- which has the promise to be the greatest otage, extortion, child conscription, kidnap- Olympics ever and that event should not be On August 12th, the delegation returned to the Great Hall of the People for a meeting ping, bombings, and assassinations, the marred or spoiled by any military action be- Maoists were able to establish a parallel gov- tween China and Taiwan. The Chinese dele- with President Hu Jintao. Many of the issues raised during the visit were discussed during ernment to rule over substantial proportions gation appeared to take the comments in of Nepal. A string of bank robberies, com- good spirit and gave no specific reply. the meeting. I specifically pressed President Hu about arms transfers to Iran and China’s bined with ‘‘revolutionary tax’’ revenues, Senator STEVENS said that the 21st century made the Nepalese Maoists among the should be the century of the Pacific and efforts to ensure they are not being trans- ferred to third parties. I did not receive a wealthiest rebel groups in Asia. noted that the United States was proposing Following the King’s 2005 seizure of power, sufficient response. an interparliamentary meeting with Japan the Maoists joined with Nepal’s seven major While my colleagues returned to the and that if that took root as the U.S.-Chi- political parties in resisting the King’s con- United States on August 12th, I traveled on nese group had, that they might look for- trol of government. After the restoration of to Kathmandu, Nepal. Prior to departing ward to having the three major powers, the Parliament, the Maoists offered the govern- from Beijing, I was joined by my aide Chris- U.S., China and Japan, join together to dis- ment a cease fire and entered talks to join topher Bradish, Lieutenant Colonel Donald cuss the issues of the Pacific. Senator STE- the government. In June, the Maoists leader, Walker, United States Army, and Dr. Ron VENS pointed to the damage to plant life and Pushpa Kamal Dahal, also known as Smith, United States Navy. the threat to extinguishing species of fishes ‘‘Prachanda,’’ agreed to dismantle the par- and the air control over the pacific and the NEPAL allel government, but refused to disarm until problems generally with the water supply. From Beijing, I traveled to Kathmandu, after elections are held for constituent as- The Chinese delegates emphasized the enor- Nepal where I was met by Ambassador Bill sembly to draft a new constitution. The mous need for economic development in Moriarty who provided me with insight into Maoists have offered to sequester their arms China with its expanding population and the Nepal’s political situation and its struggle and men under international supervision, need to create millions of jobs each year. for democracy. In June 2001 ten members of provided the Nepalese military does the On the morning of August 11th, I broke the royal family, including King Birendra, same. from the delegation to speak to a group of were killed in an assassination-suicide, re- The Maoists’ message has included belli- students, lawyers and judges at Tsinghua portedly carried out by Crown Prince cose and anti-American rhetoric. In 2002, the University outside Beijing. The Yongyi Song Dipendra. The murdered king’s younger Maoists claimed responsibility for killing case in 1999 illustrated the lack of a trans- brother, Gyanendra, now occupies the two off-duty Nepalese security guards at the parent and fair legal system in China. Since throne. Nepal’s recent history has been char- American Embassy in Kathmandu. On Octo- 2000, I worked to advance the rule of law in acterized by a power struggle between the ber 22, 2003, the Maoists stated that Amer- China through Temple University’s Rule of monarchy, political parties, and a Maoist in- ican-backed organizations would be targeted Law program at Tsinghua Law School and surgency. for attack. The State Department does not approximately $2 million has been secured In 1990, following a democratization move- list the Maoists/UPF as a Foreign Terrorist annually for the program. During a prior ment, Nepal became a parliamentary democ- Organization. However, the Department’s visit to China in 2001, I suggested to Premier racy under a constitutional monarch. In a 2005 Country Reports on Terrorism does list Zhu Rong-ji that the Chinese government reversal of the longer-term trend towards a the groups amongst its list of ‘‘Other Groups work with Temple’s program to develop an democratic constitutional monarchy, on of Concern.’’ agreement with the U.S. dealing with due February 1, 2005, King Gyanendra declared a In a statement before the Senate Foreign process rights for detained American citi- state of emergency, assumed full powers, Relations Committee’s Subcommittee on zens. That is still a work in progress. suspended civil liberties, and placed opposi- Near Eastern and South Asian Affairs on Upon arrival at Tsinghua, I was met by tion leaders under arrest. The King explained May 18, 2006, Assistant Secretary of State for Temple professor John Snagoola who pro- his move as necessary, because of the elected South and Central Asian Affairs Richard vided an update on the program. Temple has government’s inability to put down the Boucher highlighted that the Maoists have educated 612 legal professionals of whom 494 Maoist insurgency. However, most analysts not renounced violence, nor agreed to dis- were from the public sector including 184 saw the move as an attempt to also assert arm. He further noted that the Maoists origi- judges, 107 prosecutors, 59 government offi- control over the country’s democratic ele- nally took up arms in 1996 against an elected cials, 97 law professors and 47 NGO legal ments. government and that Maoists human rights staff. In response to the King’s actions, Nepal’s abuses continue to be reported. He stated I was received in the law school’s lecture seven main political parties announced they that until the group renounces violence and hall by 48 students and a panel of eight pro- would work together to reform the constitu- shows respect for human rights, the Admin- fessors. I spoke to the students about a wide tion, reinstate parliament, and limit the istration ‘‘will not be convinced that they variety of judicial and constitutional issues powers of the king. Mutual rejection of the have abandoned their stated goal of estab- being debated in the United States including King’s power grab also led the parties to lishing a one-party, authoritarian state.’’

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00030 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17107 Nepal is one of the poorest countries in the Nepal has formed a Peace Secretariat, a head technical corporations working on in- world. Up to 90 percent of its inhabitants think tank of sorts, to advise the govern- frastructure development at Bhutan’s re- earn a living through agriculture. Continued ment on how to transition to democracy. I gional level. reliance on subsistence farming could keep met with the head of that agency, Vidyadhar The following morning, I met with Prime Nepal poor for many years to come. Govern- Malik, who also expressed an interest in hav- Minister Sangay Ngedup. The Prime Min- ment efforts to increase foreign trade and in- ing the UN involved in Nepal. The Peace Sec- ister began by expressing his appreciation vestment have been impeded by political in- retariat believes the UN could be able to pro- for the United States as a great democracy stability, the small size of the economy, its vide some best practices options for Nepal on and global leader. He also informed me that remoteness, a lack of infrastructure and how to ensure arms are not part of the polit- Bhutan is going through a lot of changes. technological development, and frequent ical equation. Most notably, the King announced that Bhu- natural disasters. Future economic prospects Armed groups or political parties cannot tan will be voting on its first constitution in will likely be influenced by the outcome of be permitted to participate in government 2008 and instituting a parliamentary democ- the negotiations underway between the Par- unless they disarm. Hezbollah and Hamas, racy. liament and Maoists. both terrorist organizations, were permitted The Prime Minister told me that this move On August 13th, I met with Prime Minister to participate in government much to the is inspired in no small part by the U.S. Con- Koriala for 45 minutes. Prime Minister detriment of citizens in the region. During stitution. Prime Minister Ngedup said the Koriala expressed his gratitude for U.S. fi- my conversation with Mallik and other lead- country’s leadership is working to ensure the nancial assistance and that it aided in stabi- ers, it became clear that were the Maoists to country will have good governance and good lizing the government. He stressed his strong come to power, Nepal would be more unsta- leaders for its future. He believes Bhutan can support for democracy and emphasized that ble and ruled through intimidation and fear. serve as a model democracy for the region. unless the Maoists give up their weapons I was invited to the Ambassador’s resi- The Prime Minister expressed the view held they could not join the government. Koriala dence for a roundtable discussion and lunch in Bhutan that happiness is the cornerstone hoped that the United Nations would be with the leaders of the various Nepalese po- of the society. In fact, the country has devel- brought in to resolve Nepal’s internal con- litical parties. Attendees included: Sher oped a Gross National Happiness indicator. flict. Bahadur Dueba, former Prime Minister and When King Wangchuk came to power in Prime Minister Koriala had been jailed on President of the Nepali Congress, Madhav 1972, he announced that government policies several occasions throughout his life for his Kumar Nepal, General Secretary of the Com- would be based on the pursuit of high ‘‘Gross political activities. These sentences ac- munist party, Ram Chandra Poudel, General National Happiness’’ rather than the conven- counted for fourteen years of his life. Koriala Secretary of the Nepali Congress party, tional Gross Domestic Product (GDP). The informed me that his life’s goal was to bring Narayan Man Bijukche, President of the concept of GNH is based on the premise that all non-democratic elements, including the Nepal Workers and Peasants party, Prakash true development of human society takes Maoists, into a constitutional democracy, Man Singh, Vice President of the Nepali Con- place when material and spiritual develop- stating that he would never surrender a gress, Chandra Prakash Mainali, General ment occur side by side to complement and democratic government to anyone. Koriala Secretary of the Socialist party, Jhalanath reinforce each other. Since the King’s 1972 informed me that he would succeed in order Khanal, Central Committee Member of the announcement, the government has focused for terrorists all over the world to learn from Communist party, Arjun Narsingh, Central on what it calls the ‘‘four pillars’’ of GNH Nepal’s example that dialogue was the best Committee Member of the Nepali Congress (socio-economic growth, cultural values, en- way to solve disputes. party and Lilamani Pokhrel, Vice President vironmental conservation and good govern- Prime Minster Koriala said he favors a cer- of the People’s Front. We had a candid dis- ance) to guide the country’s development emonial monarchy because it had been a uni- cussion about the parties efforts to work to- plans. For example, the government man- fying factor in Nepal since 1769. He noted gether to confront the Maoists and the pros- dates that a minimum of 60 percent of its that, unless the Maoists gave up their weap- pects for a democratic Nepal. land be covered in forest and has instituted ons, the interim constitutional drafting com- Later that day, the Ambassador invited me policies meant to encourage only high-scale mittee could not consider the Maoist’s sug- to a dinner reception at his residence where environmentally conscientious tourists to gestions, adding that their proposals for a re- there were roughly seventy political party visit. The 2005 national census found that public based on ethnic regions could frag- leaders, civil society representatives, human 45.2 percent of Bhutanese are ‘‘very happy,’’ ment and destabilize Nepal. rights and women’s rights activists. I had 51.6 percent are ‘‘happy,’’ and only 3.3 per- PM Koriala expressed his concern about the opportunity to engage in dialogue with cent are ‘‘not very happy.’’ the Maoist’s intentions, especially as they many of those in attendance about the sta- The Prime Minister reminded me of the have not given up their weapons. Koriala in- tus of Nepal and the prospects for stability. provision penned by Thomas Jefferson re- formed me that they are still extorting and Many of the leaders expressed their apprecia- garding the pursuit of happiness. In Bhutan, collecting taxes from citizens despite their tion to me for coming to Nepal and the sup- they measure achieved happiness. The idea signing of the 25-point code of conduct in port the U.S. has provided the country. of a Gross National Happiness is certainly which they agreed to stop these activities. BHUTAN unusual. I did commend my hosts because it Many representatives I met with expressed On Monday, August 14th, we departed is wonderful that a government wants its skepticism about the Maoists ability to im- Kathmandu en route Thimphu, Bhutan. Due people to be happy and makes government plement what they agree to do. to the mountainous terrain of Bhutan, we work toward that end. Following my meeting with the Prime had to take the Royal Druk Airline whose pi- The Prime Minister wears two hats in that Minister, I met with Subash Nemwang, lots are the only ones permitted to fly into he also serves as the government’s point per- Speaker of the House. The Speaker reiter- Bhutan. From the Paro airport we took the son for agricultural issues. His role in ensur- ated the position of the Prime Minister that windy ninety minute drive to the capital, ing a high level of Gross National Happiness Maoists will not be permitted to enter into Thimphu. is to provide an adequate supply of food, any form of interim government until they Bhutan is the world’s last Buddhist king- shelter, clothing, clean air and water. He are disarmed. Speaker Nemwang expressed dom. Although the government places a told me about his work to increase food pro- his desire to see the Maoists repudiate vio- heavy influence on the preservation of its Ti- duction, raise rural income and improve the lence and join the democratic political proc- betan Buddhist culture, Bhutan is slowly livelihood of the nation’s large rural popu- ess. emerging from self imposed international lation while preserving the pristine natural I then met with the Home Minister isolation and is in the process of evolving environment and conserving the rich natural Krishna Prasad Situala who is also the point into a constitutional monarchy with a rep- resources. person on the Government of Nepal’s peace resentative government. We then met with Khandu Wangchuk, the talks. The Home Minister expressed hope The U.S. and Bhutan have not established Minister of Foreign Affairs. Minister that the Maoists could be brought peacefully formal diplomatic relations; however, rela- Wangchuk attended graduate school at Tufts into the political mainstream, but warned tions between the two governments are cor- University. I pressed the Prime Minister on that the Maoists had not lived up to the dial. The Public Affairs Section of the U.S. the issue of the 105,000 refugees living in UN- pledges made in negotiations. He stressed Embassy in New Delhi administers the Inter- funded camps in Nepal. The immigration of the importance between Nepal moving to- national Visitor (IV) and Fulbright Ex- ethnic Nepalese to Bhutan has taken place wards a successful democracy and the need change Programs for Bhutan. There are cur- since the 17th century and ethnic Nepalese to have the Maoists disarmed. He believes rently sixty-seven Bhutanese alumni of the and ruling Drukpas have shared cordial rela- that the United Nations could playa positive IV program including Bhutan’s Chief Jus- tions throughout the years. However, in the role in facilitating the transition to democ- tice, three Ministers, and six District Gov- late 1980s, concern over the increase 13 in the racy. I urged the Home Minister, in his role ernors. Thirty-three Bhutanese nationals population of and political agitation among as chief negotiator, to be firm and tough have received undergraduate degrees in engi- ethnic Nepalese prompted aggressive govern- with the Maoists, whose actions are similar neering and the sciences through the Ful- ment efforts by Bhutan to assert a national to those of thugs. bright Exchange Program. Most alumni now culture, to tighten control over the southern

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00031 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17108 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 regions, to control illegal immigration and In March 2005, King Wangchuk unveiled a Iraq. Following the U.S.-led effort to liberate to expel ethnic Nepalese. draft constitution, which envisions a con- Kuwait from Iraq in 1991, Kuwait signed a Beginning in 1988, Bhutan’s government stitutional monarchy with a Parliament con- ten year defense pact with the U.S. In Sep- expelled large numbers of ethnic Nepalese sisting of an upper and lower house. The pro- tember 2001, the pact was renewed for an- through enforcement of new citizenship laws. posed draft Constitution legalizes political other ten years. On April 1, 2004, the Bush In response to this perceived repression, eth- parties and guarantees fundamental human Administration designed Kuwait as a Major nic Nepalese protested, sometimes violently, rights such as the right to life, liberty and Non-NATO Ally (MNNA), a designation held leading to a government crackdown and the security of person, the right of association, by only one other Gulf state (Bahrain). closure of local Nepalese schools, clinics, and freedom of speech and press, freedom from Kuwait privately supported the invasion of development programs. In 1991, ethnic Nepa- torture or inhuman punishment, and free- Iraq in 2003, even though it publicly opposed lese began to leave southern areas of the dom from discrimination based on race, sex, the U.S. action. In the run up to the inva- country in large numbers and to take refuge language, religion, or politics. The draft also sion, Kuwait closed off 60% of its territory in in Nepal. Today, over 100,000 ethnic Nepalese mandates the abdication of the monarch on order to secure the U.S.-led invasion force of who were expelled from Bhutan are en- his 65th birthday and would allow the Na- about 250,000 personnel and several thousand camped in seven United Nations High Com- tional Assembly to force a royal abdication pieces of armor; allowed U.S. forces to use missioner for Refugees (UNHCR) camps in if the motion was backed by three-quarters two air bases, as well as its international southeastern Nepal. of its members. The draft has reportedly airport and sea ports, and provided $266 mil- In October 2004, then-Assistant Secretary been sent to every household in the country lion in burden sharing to support combat op- of State for Population, Refugees and Migra- for review. The King has said the Constitu- erations. Kuwait has contributed $213 mil- tion Gene Dewey visited Bhutan and dis- tion will be ratified through a public ref- lion in burden sharing support to OIF in cussed the refugee issue with the King. Dur- erendum, although a date has not yet been FY2005, and is expected to contribute $210 ing this visit, the King agreed to imme- set. million in both FY2006 and FY2007. Kuwait diately repatriate certain categories of refu- In December 2005, King Wangchuk an- has also built a water line into Iraq, assists gees. However, to date, no refugees have re- nounced that when the nation holds elec- the Polish-led security sector in Hilla, Iraq, turned, because of procedural disagreements tions for its first elected government in 2008, and runs a humanitarian operation center between Bhutan and Nepal. In recent he will abdicate to his son, Crown Prince (HOC) that has funneled over $500 million in months, the international community, Dasho Jigme Khesar Namgyal Wangchuck. I assistance to Iraqis since the fall of Saddam. through a Core Group on Bhutanese Refugees asked the King why he chose to reduce the Prior to the toppling of Saddam Hussein, (consisting of the US, Canada, Australia, the power of the monarchy. The King responded Kuwait hosted about 1,000 U.S. Air Force per- Netherlands, Denmark, Norway, and New that he ‘‘became King due to birth, not merit sonnel enforcing the ‘‘no fly zone’’ over Zealand), has begun discussing a comprehen- . . . which is a flaw of monarchies’’ and that southern Iraq. Kuwait also hosted about 5,000 sive solution to the refugee problem that ‘‘national interests come first.’’ I found this U.S. forces during Operation Enduring Free- would likely include resettlement of a large action rare and refreshing in contrast to a dom (OEF) in Afghanistan that ousted the number of refugees to third countries. Am- world where more and more people are try- Taliban. bassador Moriarty noted that the U.S. could ing to gain more and more power. We spoke On Saturday, August 19th, I met with U.S. possibly accept upwards of 75,000 refugees at great length about a wide variety of issues Ambassador Richard LeBaron who updated spread out over many years. including terrorism, the Middle East, radical me on the recent developments in the region. The Foreign Minister, well-versed in this Islam, Iraq and Afghanistan. We had an in- Ambassador LeBaron informed me that Ku- issue, explained that this refugee issue is formative dialogue and I was impressed with wait plays host to the largest military base unique and complicated. He informed me the King’s knowledge of world events during outside Iraq in the Middle East. Kuwait also that Bhutan, a country of 700,000 does not the course of our hour-long meeting. gives more aid and support than any other have the capability to absorb large numbers Following the meeting with the King, I had country to support U.S. efforts in Iraq. of people in its society and large-scale immi- the opportunity to meet with the Chief Jus- According to the Ambassador, Kuwait is gration would be difficult to accommodate tice of the Royal Court, Sonam Tobgye. The very concerned about Iraq and what they de- and perhaps pose a threat to stability due to Bhutanese legal system is primarily based on scribe as the ‘‘emergence of a failed state.’’ the scramble over resources and infrastruc- Buddhist natural law. The court has three LeBaron requested I pursue the issue of Iraq ture. levels, the High Court, established in 1968, with Kuwaiti leaders and seek their views on The major problem facing the bilateral re- over which the Chief Justice presides, the the future of its northern neighbor. LeBaron lationship between Bhutan and Nepal is the Dzongkhag Court, established in 1960, and further asked me to seek the views of Kuwait instability in Nepal. The constant changes in the Dungkhad Court, established in 1978. The on the problem of Iran. While the U.S. is pri- Nepal’s government have made it difficult High Court consists of seven to nine Judges. marily concerned about Iran’s capability to for Bhutan to negotiate. A Dzongkhag court comprises of a minimum attain nuclear weapons, Kuwait is concerned The Foreign Minister requested that my of single judge and a maximum of three about the environmental hazards associated committee and colleagues consider allowing judges. A Dungkhag court is comprised of with nuclear energy. More specifically, Bhutanese students, studying in the United one judge. Iran’s Bushehr nuclear facility is located States, the ability to have multiple entry The drafting committee for Bhutan’s con- closer to Kuwait city than Tehran. Any acci- visas to allow them to return for holidays stitution is headed by the Chief Justice and dent or leak at the facility could have a pro- and to visit family. Additionally, he re- consists of 39 members of elected representa- found impact on Kuwait’s water supply and quested I inquire about funds belonging to tives. The current system of government air quality. Druk Air, the national airline, which were provides for a unicameral assembly. The new The State Department’s 2005 Country Re- frozen by the United States as a result of the government will be a bicameral system with ports on Terrorism credits Kuwait for bol- sanctions placed on Burma. an assembly, or lower house, and an upper stering measures to protect U.S. forces in While in Nepal, many leaders expressed house. I asked the Chief Justice why the Kuwait from terrorist attacks but notes that concern that if those in UN camps were al- King supports a move towards this form of Kuwait has been ‘‘reluctant to confront ex- lowed to go to a third-party country, such as governance. He responded by saying that the tremist elements within the local popu- the United States, Bhutan would expel addi- King told him, ‘‘it is better to trust the peo- lation.’’ In May 2006, Kuwaiti judges dis- tional ethnic Nepalese. The Foreign Minister ple than to hope for the best in one person.’’ missed charges against five Kuwaitis who assured me that the government would do no From Bhutan we flew back to Kathmandu, were repatriated from the U.S. facility at such thing. passing Mount Everest, to change planes be- Guantanamo Bay. In December 2005, Kuwait Following our meeting with the Foreign fore heading to Kuwait. convicted six men of belonging to a terrorist Minister, we had an audience with King KUWAIT group (‘‘Lions of the Peninsula’’) allegedly Jigme Singye Wangchuk who ascended to On Friday, August 18th, we landed in 118 planning attacks on U.S. troops in Kuwait. the throne in 1972 at the age of 17. As head degree weather at Ali al Salem Air Base lo- Since January 2005, Kuwaiti security forces of state, the King is responsible for all mat- cated 45 minutes outside Kuwait City and have engaged terrorists in at least five con- ters relating to the country’s domestic poli- forty miles from the border with Iraq. We frontations in Kuwait City. Shortly after the cies, security, and sovereignty. However, in were met by First Secretary and Chief of the September 11, 2001, attacks, Kuwait moved 1998, King Wangchuk voluntarily transferred Political section from the U.S. embassy, to block the accounts of suspected Al Qaeda his executive powers to the ten member- Natalie Brown. activists in Kuwait, and the State Depart- Council of Ministers. Ministers are nomi- Ali Al Salem Air Base is located just 39 ment reports that Kuwait has established an nated by the King and approved by the 150 miles from the border with Iraq and the office at the Ministry of Social Affairs and member National Assembly, 106 of whom are bomb damage from Iraq’s occupation of Ku- Labor to monitor Islamic charities. elected by the people. The remaining Assem- wait is still visible. Kuwait can host as many On the social and political fronts, Ambas- bly members are selected by the King, Bud- as 90,000 U.S. military personnel at any one sador LeBaron reported that Kuwait has dhist clergy, and the Council of Ministers. time, most of whom are rotating in or out of taken steady steps towards liberalization.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00032 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17109 Women received the right to vote in 2005 and rity Advisor, Brent Scowcroft, wrote an arti- the U.N. has not been quick to provide the ran in elections in 2006. However, no women cle suggesting relations between the two necessary forces to implement the Security were elected. The U.S. has been providing could improve if Israel retreated to its 1967 Council resolution and asked the U.S. to technical assistance to Kuwait through orga- borders. Saudi Arabia reportedly said it pressure nations who have committed nizations like the International Republican would enter into a peace agreement with troops, such as France, to make good on Institute and the National Democratic Insti- Israel if it agreed to this proposal. The Amir their word. I concurred and believed that if tute. Kuwait has had a functioning legisla- also said Kuwait would support such a pro- there is not a sufficient force on the ground ture for forty years which the Ambassador posal and pointed out that the Arab League in short order, Hezbollah will have the op- portrayed as a ‘‘serious body’’ that is not a declared its support for such a proposal at portunity to re-arm and we will find our- rubber stamp and is often critical of Ku- the 2002 Arab summit. However, we both ex- selves in the same situation in the future. wait’s leadership. pressed doubt that Israel would agree to such Israel agreed to the cease-fire based on the The royal family is widely respected by the a proposal. U.N.’s commitment to provide 15,000 troops, people of Kuwait. The Ambassador pointed I asked the Amir what should be done of which France was to provide 3,500. As of out that they do not monopolize wealth and about Hamas and their view that Israel the time of our meeting, France had only are part of the system. Kuwait’s substantial should be destroyed. The Amir doubted provided 200. oil wealth, which accounts for ten percent of Hamas had the capability to destroy Israel After sharing with me information that the world market and three percent of U.S. and that Hamas attacks Israel with ‘‘fire- Iran has provided training and equipment via imports, is not owned by the ruling family works.’’ I informed the Amir that ‘‘fireworks Syria to Hezbollah, I asked him if Israel con- but rather the Kuwaiti people. Currently, do not kill people.’’ sidered retaliating against Iran and/or Syria there is much debate about over how much The Amir asked me to review the case of for their open support of Hezbollah. He said oil the country has, but the Ambassador said five Kuwaitis being held in U.S. custody at that Israel did not want to open another Kuwait has plenty and is still finding more. Guantanamo Bay, Cuba and work to secure front on the war and in particular, Israel felt For some time, I have questioned the va- their release to his government. The Amir fighting Syria would move them closer to lidity of claims that the U.S. Ambassador to assured me that they would be tried for any Iran and result in Syria moving back into Iraq, April Glaspie, told Saddam Hussein crimes and punished accordingly if found Lebanon. Peretz told me that there is much that the U.S. would not stand in the way guilty. Six Kuwaitis were released to Kuwait debate over whether to fight Syria or try to should he wish to take Kuwait. Unfortu- from Guantanamo, tried and found not have a dialogue with them in an attempt to nately, this answer still eludes me as Ambas- guilty. move them out of Iran’s sphere of influence. sador LeBaron did not have an answer. Following my audience with the Amir, I I asked the Defense Minister to update me As Chairman of the Judiciary Committee, met with Prime Minister Nasser Al-Moham- on the status of the Israel Defense Force sol- I have been heavily involved in examining med Al-Ahmed Al-Sabah. The Prime Min- diers taken by Hamas and Hezbollah and the the issues surrounding the detainees at ister served as Ambassador to Iran for ten likelihood that they will be returned to Guantanamo Bay, Cuba. The U.S. released years and shared with me his views on that Israel. Peretz expressed optimism that six Kuwaitis who were later tried and re- country. He pointed out that President through negotiations with Abu Mazen and leased in Kuwait. However, five Kuwaitis re- Ahmadinejad came to power via democratic Egypt that the soldier taken by Hamas could main at Guantanamo. means and therefore he must be recognized be returned to Israel. However, he declared Our discussion expanded to many issues and dealt with. The Prime Minister sug- that Israel will not negotiate with Hezbollah confronting the region, namely the Arab- gested that the U.S. should directly engage as they do not want to strengthen the hand Israeli conflict. The Ambassador informed Iran in a frank and direct manner because, of Hassan Nasrallah who has not only re- me that many in the Arab world would like as is the case with all conflicts, dialogue and quested the release of Lebanese prisoners to see the peace process rejuvenated. Even if discussions should be exhausted before any from Israel, but also Palestinians. progress is slow, Arabs want to see the other action is pursued. I agreed with the I asked the Minister whether there was United States and others engaged in a proc- Prime Minister’s assessment with the caveat any possibility Israel would return to its pre- ess and working towards a solution. that Iran’s support for terrorism and its de- 1967 borders. He expressed concern that with- The Ambassador and I then headed to Seif sire to possess nuclear weapons poses a out the disarmament of Hamas and Palace to meet with the Amir of Kuwait, threat to the region and the world. When Hezbollah, the proposal would only permit Shaykh Sabah Al-Ahmed Al-Jaber Al-Sabah, Nasser suggested that the U.S. meet with them to hit targets further inside Israel. He the fifteenth Amir of Kuwait. During the Iran in Vienna to discuss the issues con- felt it was a complicated proposal because hour-long session, I asked the Amir what fronting our bilateral relationship, I in- the question of Jerusalem remained unan- needs to be done to get Iran to stop aiding formed him of my prior meetings with Ira- swered and that Syria would have to be Hezbollah and the insurgents in Iraq. The nian officials in New York and my desire to brought in as well. Amir responded by saying that Iraq will not have a parliamentary dialogue. Following my meeting with the Defense be stable in the next few years and that Iran On the issue of peacekeeping efforts in Minister, I went to Israel’s Supreme Court to has been emboldened and strengthened by Lebanon, the Prime Minister hoped the U.N. meet with the Chief Justice, Aharon Barak. the chaos in Iraq and the situation in Leb- efforts would be fruitful but that the key to Barak has served on the court for 28 years, of anon. He advised me that the U.S. should success will be having a coalition of nations which he was Chief Justice for the last elev- speed up the training of the Iraqi army and respected by both sides. On the issue of en. Barak will be retiring in September 2006 that U.S. forces should not enter town and Hamas, the Prime Minister said that Hamas due to an Israeli limitation that judges must cities unless invited. was democratically elected and that they retire at 70. We discussed many issues in- I asked Amir Sabah if it is realistic to must be recognized. However, he noted that cluding the interrogation of detainees, the think that a United Nations peacekeeping Kuwait has counseled Hamas that they are use of torture, the power of the executive, force of 15,000 in Lebanon can stabilize the now policymakers inside the government and rule of law and abortion. situation between Israel and Hezbollah. The must act accordingly. Following my meet- Barak has had a long and distinguished ca- Amir felt the force will only be effective if ings at Seif Palace, we left the Gulf for reer having served as dean of the law school, they are given a good mandate and the nec- Israel. being appointed as Attorney General by essary authority to control the region. ISRAEL Yitzhak Rabin in 1975 and serving through When I asked about Kuwait’s bilateral re- On Saturday, August 19th, we landed at the Menachem Begin administration prior to lationship with Iran, the Amir told me Ku- Ben Gurion in Tel Aviv after a technical stop his appointment to the court. Barak ex- wait had good relations but that they are in Amman, Jordan. The following morning I pressed his view that democracies cannot concerned about the impact a nuclear acci- met with Israel’s Defense Minister, Amir conduct or condone torture and that those dent in Iran would have on Kuwait and their Peretz in Jerusalem. Joining the meeting taken into custody must be interrogated fear that Iran will transfer peaceful nuclear were Major General Etian Dangott, military properly and given a prompt trial. Aside technology to a military capability. Given aide to Minister Peretz, Eyal Sela from the from our legal discussions, I asked him his his concern about Iran becoming a nuclear Ministry of Foreign Affairs, Amos Gilad, Po- views on the Arab-Israeli dilemma. The Chief state, I asked if Kuwait had pressed Iran to litical Director of the Ministry of Defense Justice felt constrained from speaking can- stop their pursuit of weapons. The Amir re- and Commander Tom Williams, United didly on this question as the Chief Justice, sponded in the negative with the rationale States Navy. but said that ‘‘there is light at the end of the that if the U.S. and Europeans could not con- Peretz expressed his view that the Inter- tunnel but the problem is that the tunnel vince Iran to give up their pursuit, a small national Community must examine the rules keeps getting longer.’’ country like Kuwait would not be able to of war for the U.N. mission in southern Leb- After lunch, I traveled to the Knesset to make any progress. However, the Amir did anon as Hezbollah is not a conventional meet with Prime Minister Ehud Olmert. The say he would support sanctions. force. If Hezbollah is not disarmed, the U.N. Prime Minister began the meeting by ex- I asked the Amir about his views on the must know that Israel maintains the right pressing his realization that he knew his job Arab-Israeli conflict. Former National Secu- to defend itself. Peretz was disappointed that would be difficult but that he did not expect

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00033 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17110 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 to be in the middle of a war a few months in speaking with Libyan leadership in hopes I pressed Mr. Hasnawi about resolving the into the job. He described in some detail the of security land for a permanent facility to outstanding issues surrounding the cases in- assistance Iran and Syria were giving to build a mission. Additionally, he informed volving the bombings of Pan Am Flight 103 Hezbollah and the great threat that poses to me that airline companies in Libya were in and the La Belle Disco. On December 21, 1988, Israeli security. He gave me many examples the process of deciding between Boeing and a bomb exploded on Pan Am flight 103, over supporting his conclusion and pointed out Airbus to supply them with a new fleet. Lockerbie, Scotland killing 270 people, in- that Hezbollah guards were trained in Iran President Chirac, Prime Minister Blair and cluding 189 Americans. The U.N. Security and Iranian Revolutionary Guards are in Chancellor Merkel have all visited Libya and Council passed three resolutions that placed Lebanon. He further explained how Iran has offered their support for Airbus. Charge sanctions on Libya until its government sur- provided top class weapons to Hezbollah. Berry requested my assistance in sharing the rendered for trial men suspected of the Pan The Prime Minister said the Israeli forces benefits of the Boeing product. Am flight and the bombing of French flight were extremely effective in eliminating most In October 2005, Boeing received an order UTA 772 in 1989. Libya surrendered the two of the long range and medium range missiles for two 737–800s from Buraq Air, a privately men on April 5, 1999, and the U.N. suspended through its sophisticated systems and that held airline, valued at $250 million and the sanctions the same day. In August 2003, no launcher fired a rocket twice. He declared planes are scheduled to be delivered by No- Libya accepted responsibility for the Pan that Israel won every confrontation with vember 2006. However, Boeing is competing Am bombing and agreed to pay the families Hezbollah, but that fighting against well- against Airbus to sell up to fourteen 737s and of each American victim $10 million in com- equipped guerrillas is difficult. Despite these twelve 787s to Libyan Airways, the flag car- pensation. To date, the victims’ families had victories, he expressed concern about the rier. This deal is estimated to be worth $2.9 been paid $8 million each over two payments growing influence being projected by Iran. billion. Boeing has a significant footprint in with the remaining $2 million to be paid I asked the Olmert if he was frustrated Pennsylvania employing 4,681 workers and when the U.S. removed Libya from the list of that Israel could not retaliate against Iran. 915 venders and suppliers. Boeing spent State Sponsors of Terrorism. Libya has been The Prime Minister explained that Israel $264,279,109 in Pennsylvania in 2005. In each removed but the final payment has not been should not have to deal with Iran alone and of my meetings with Libyan officials, I de- made. that the international community must real- scribed the benefits of the Boeing aircraft On November 13, 2001, a German court ize the threat Iran poses and act to confront and highlighted the fact that it incorporates found four individuals, including a former it accordingly. Olmert reminded me that it the latest technologies and offers significant employee of the Libyan embassy, guilty in was only 65 years ago when a dictator de- fuel efficiencies. connection with the 1986 La Belle disco clared his desire to eliminate Jews and now Following the brief, we met with Dr. bombing. Two U.S. servicemen were killed and eighty other servicemen and women there was another leader who has stated a Suleiman al-Shahumi for about an hour. Dr. were injured in the bombing. In August 2004, similar desire and who is seeking nuclear Shahumi expressed his government’s desire a compensation deal for non-U.S. victims weapons—a convincing argument as to why to continue the improvements in our bilat- was agreed to; however U.S. victims con- the world should be moving aggressively to eral relationship. He briefed me on Libya’s tinue to pursue their claims in federal court. eliminate the threat posed by Iran. efforts to combat terrorism and their desire While the U.S. Government was not party to I asked the Prime Minister if the ceasefire to have peace in Africa and the Middle East. either of these suits, I stressed the impor- will hold. Olmert informed me that he had Dr. Shahumi and I discussed our country’s tance of having these outstanding issues re- received criticism from Israelis for agreeing efforts to combat terrorism and our views on solved and the benefit it will have in aiding to the ceasefire and that he agreed to the the issue of Iran. We both agreed that we are Libya reemerge into the international com- proposal after assurances that a robust entering a new phase in U.S.-Libyan rela- international force would be provided to munity. Mr. Hasnawi informed me that both tions but that three decades of no commu- sides are working to bring the issue to a con- bring calm to the region. He further ex- nication will take some time to overcome. plained that Security Resolution 1701 has to clusion by the end of 2006 and should the Dr. Shahumi shared with me Libya’s prob- cases go to court, he pledged that Libya be implemented or Israel will be left with no lems with illegal immigration. I told him choice but to continue to defend itself. He would accept the ruling. about the ongoing immigration debate in the Charge Berry raised the issue of the five mentioned that this proposal was not of United States and the eleven million illegal Bulgarian female nurses and one Palestinian Israeli origin but rather from the French and immigrants residing in the country. Dr. male doctor who were arrested in 1999 on the United States. Shahumi informed me that an estimated charges that they infected 426 Libyan chil- On the question of Hamas, the Prime Min- 50,000 illegal immigrants pass through Libya dren with HIV. They were found guilty on ister expressed hope that Abu Mazen will every month in an attempt to leave the con- May 6, 2004, and sentenced to death by firing exert his authority and garner more control tinent for Europe. squad. However, a French doctor testified at over the territories. He doubted there could I told Dr. Shahumi that it was important the trial that the children had been infected be any progress with Hamas and he refuses that the U.S. be permitted to establish an in 1997, one year before the Bulgarians and to negotiate with them. He did believe that embassy quickly and he concurred. The peo- the Palestinian arrived in Libya. On Decem- there could be progress in getting back sol- ple to people exchanges are very valuable in ber 25, 2006, Libya’s Supreme Court over- diers taken by Hezbollah, possibly in ex- establishing sound relations between our turned the convictions and death sentences, change for those taken by Israel during the countries. It was brought to my attention and ordered a retrial which began in May conflict. that the note taker from the Libyan govern- 2006. Mr. Hasnawi responded that he antici- I asked Prime Minister Olmert his views ment studied at Penn State University in pates a ruling in the case by no later than on the idea that if Israel returned to the 1967 1980 and that her son was born in State Col- November 2006. borders, peace would come between the lege, PA. I then traveled to the Foreign Ministry to Arabs and Israelis. He responded by saying it I asked Dr. Shahumi to work with the meet with Abdul Rahman Shalgam, Deputy was an outdated proposal and Hamas still United States to permit Dr. Donald White, Secretary of the General People’s Committee wants to destroy Israel. Olmert expressed his an archaeology professor at the University of for Foreign Relations. I asked Mr. Shalgam belief that the next few years will be critical Pennsylvania, to continue to have access to what can be done to address the tragic situa- for Israel’s survival as they combat various sites in Libya. Dr. White had pre- tion in Sudan. He informed me of Libya’s in- Hezbollah, Hamas, Syria and most impor- viously had difficulty securing the appro- volvement over the last three years to bring tantly Iran—who is seeking the capability to priate documents needed to enter Libya. I all sides in the conflict to Tripoli to partici- wipe Israel off the map. also raised this issue with other members of pate in a dialogue. The key to peace and sta- LIBYA the Libyan leadership during my stay. Fol- bility in Sudan, according to Shalgam, is to On the morning of August 21, 2006, we de- lowing our meeting, Dr. Suleiman al- fulfill three requests made by all parties in- parted Tel Aviv en route Tripoli, Libya with Shahumi hosted us for dinner at a beautiful volved. Each of whom want to participate in a brief technical stop in Cyprus. We were downtown Tripoli restaurant located adja- power, benefit from the country’s wealth and greeted at Mitiga International Airport by cent to an arch constructed in honor of participate in a federal form of government Dr. Suleiman al-Shahumi, the General Peo- Marcus Aurelius. to allow for local administration of the var- ple’s Congress Secretary of Foreign Affairs The following morning we departed for the ious regions. I requested that his govern- and by Charge Greg Berry and Political and Ministry of Justice to meet with Ali Umar ment apply pressure on the government in Economic Officer, Elizabeth Fritschle. al-Hasnawi, Secretary of the General Peo- Khartoum to permit the United Nations to After a brief rest at the hotel, we traveled ple’s Committee for Justice. As was cus- enter the country. to the U.S. embassy annex in Tripoli for a tomary during all of my meetings with Liby- I found the about-face in our bilateral rela- country team briefing. The U.S. Embassy is an officials, the meetings always began with tionship unique in modern history and asked temporarily located in the hotel we were a brief dialogue about the problems between Mr. Shalgam what were the factors that con- staying at, but is insufficient to serve as a the U.S. and Libya in the past and both na- vinced Libya to reengage the United States place for the U.S. Government to do its busi- tions’ desire for better relations in the fu- and could it be used as a template to im- ness. Charge Berry requested my assistance ture. prove relations between the U.S. and Iran.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00034 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17111 He informed me that it was in the best inter- tions between our countries. I pressed Qa- some U.S. leaders, myself included, have est of Libya to have good relations, com- dhafi to move expeditiously towards settling long been concerned about our relationship merce and trade with the United States and the outstanding disputes involving the with Saudi Arabia. I highlighted my frustra- that living under sanctions was detrimental bombings of Pan Am 103 and the La Belle tion with the Saudi government which began to the economy and the Libyan people. He disco. with their lack of cooperation following the further stated that Libya wants recognition I also requested he work expeditiously to Khobar Towers bombing in 1996 to their sup- for their actions to eliminate weapons of grant the U.S. the necessary land to build an port for textbooks which incite hatred. I told mass destruction and their cooperation on embassy. Qadhafi said that the U.S. would be him about legislation I have authored, the counterterrorism efforts. It is this recogni- given land, but that it would not be a typical Saudi Arabia Accountability Act, and my de- tion, and a seat at the international table, embassy. He elaborated that the mission in sire for a closer examination of our relation- that Iran seeks, according to Shalgam. He Tripoli would not serve as an ‘‘outpost for ship with Riyadh. believes the U.S. should directly enter into democracy and opposition’’ and that the U.S. He further stated that Wahabbism, which dialogue with Iran—a response shared by Ambassador should not interfere with local emanates from Saudi Arabia, is spreading most officials I met with during my trip. affairs. Charge Berry responded by reas- across the region and is taking root in the After lunch, I departed for a meeting with suring Qadhafi that ‘‘the U.S. will be good Horn of Africa and is a threat to the entire Ali Baghdadi al Mahmudi, Secretary of Gen- guests.’’ Qadhafi declared that he did not Muslim world. Qadhafi went on to say that eral People’s Congress. Mr. Mahmudi, whose want the U.S. mission involved in Libyan Saudi Arabia was responsible for the Bali position is not unlike that of a Prime Min- politics and did not want U.S. funds being bombings and behind the escape of seven in- ister, was running a cabinet meeting which distributed to political parties and democ- dividuals from Yemen responsible for the at- was running overtime. This delay provided racy efforts. Charge Berry quipped that he tack on the U.S.S. Cole. I asked Qadhafi to me an opportunity to speak with Mohammad did not have any money to spend. provide evidence to support these claims and Siala, Secretary of International Coopera- I asked Qadhafi if democracy was in did so at a subsequent meeting but was not tion, about the steps Libya has taken to re- Libya’s future. He responded by saying de- provided anything to back up these charges. store its economy. Prior to serving in his mocracy was derived from an Arabic term Our meeting lasted about 45 minutes after current capacity, Mr. Siala led Libya’s tour- and that he hoped the United States would which I was escorted through the desert back ism bureau. Mr. Siala, echoing the state- follow Libya’s form of government declaring to the air base and back to Tripoli where we ments of Mr. Shalgam, stressed the impor- it was the most pure form of democracy in arrived at approximately 10:00 p.m. tance of U.S. markets, in particular, the U.S. history. He believed that direct representa- On August 23rd, we departed Tripoli for financial and banking system, to the growth tion does not serve the people of the United Shannon, Ireland to rest and refuel prior to of the Libyan economy. He expressed his in- States and that Libyans do not use proxies returning to Philadelphia on August 24, 2006. terest in having a delegation from the U.S. to make decisions on their behalf. Qadhafi I yield the floor. Export Import Bank come to Libya in the believes that peace will happen only when all near future to discuss proposals to aid the people are in power and can decide the TEMPLE UNIVERSITY, BEASLEY SCHOOL OF Libya’s infrastructure and commerce. course of their government. He further de- LAW, RULE OF LAW PROJECTS IN CHINA— When the cabinet meeting broke, I met clared his desire to end the existence of ar- SPECIAL REPORT ON TEMPLE STUDENTS with Mr. Mahmudi who shared his view that mies, classes, parliaments and to place EXECUTIVE SUMMARY the U.S.-Libyan relationship was on a posi- wealth back into the hand of the people. Temple’s initiatives in the People’s Repub- tive track. He expressed his desire for en- Qadhafi informed me that there was no an- lic of China are grounded on the common hanced trade and tourism with the U.S. and imosity held by the Libyan people for Ameri- theme of developing carefully-selected Chi- greater cooperation on issues of mutual con- cans but that leaders of countries are typi- nese legal professionals who are poised to cern such as radical Islam. Mahmudi views cally responsible for actions that create ani- make significant contributions to the rule of delegations from the U.S. as invaluable in mosity between peoples. For an example, he law in China. Temple accomplishes this goal enhancing our understanding of one another recanted his confrontation with President through three main categories of programs: and hoped that more would come in the fu- Ronald Reagan and the action taken by the the Temple Beijing LL.M degree program, ture. United States which resulted in the killing non-degree education programs for judges During our discussion on Iran, Mr. of his daughter. He asked the question, ‘‘was and prosecutors, and law development and Mahmudi believes the U.S. should not im- that a decision of the American people?’’ reform initiatives. Each of these programs is pose preconditions for talking to Tehran. On I discussed the problems the United States operated in cooperation with influential and the issue of Libya serving as a framework in is having with Iran and their support for ter- high-level Chinese partners. which the U.S. and Iran could foster better rorism in the region, their desire to attain Education is long-term investment in the relations, he warned that the U.S. has not nuclear weapons and their statements seek- legal infrastructure of a society. However, done enough to show the advantages of ing to wipe Israel off the map. I asked Qa- Temple’s programs have the benefit of also ditching weapons of mass destruction. Many dhafi if there were any lessons to be learned having an immediate impact. We are edu- Libyans question the move to surrender the from the experience between the U.S. and cating judges and prosecutors who are in the weapons as they have not seen anything in Libya and if it would be applicable to dealing courtroom interpreting China’s laws and ap- return for their actions, such as technology with Iran. Qadhafi informed me that Libya plying them to real cases every day. Temple and knowledge transfers. He believes that urged North Korea and Iran to turn over educates National People’s Congress Legisla- should the U.S. want to convince Iran to their weapons and halt nuclear programs. tive Affairs Committee members who are forego nuclear weapons, it should set an ex- However, Qadhafi believes that unless the using their legal education to draft China’s ample by aiding Libya and showing the bene- U.S. shows the benefits of the actions taken legislation. We instruct law professors who fits that can be brought to those who chose by Libya to give up its weapons of mass de- incorporate program content and critical that path. He mentioned that Libya has good struction, the U.S. will not be able to ap- teaching methods into their own classes, relations with Iran and North Korea and that proach either North Korea or Iran with any thus shaping more future judges, prosecu- Libya may be able to play a role in future such proposals. tors, and lawyers. Temple graduates are de- negotiations. I asked Qadhafi what he wanted from the veloping the rule of law from within the sys- Following my meeting with Mahmudi, I U.S. He replied by saying President Bush tem. As these leaders advance in their ca- was whisked to Mitiga International Airport promised he would help with technology reers, the opportunities to use their Temple as I was to meet Colonel Muammar Qadhafi transfers and knowledge transfers but that legal education will only gather momentum in Surt, located about a one hour flight from nothing has happened since the agreement to bring about even more truly effective law Tripoli. Upon arrival at a vacant airport, I was reached in 2004. He also suggested that reform. was led in a motorcade into the desert. The the United States provide free power facili- The Temple-educated legal community has drive revealed the desolate landscape which ties for Libya. While I could not promise the potential to be enormously useful to the was dotted with a few tents and camels. I ar- they would be free, I concurred that the U.S. U.S. Government as it supports the rule of rived at Qadhafi’s location to find a man- should aid Libya with their infrastructure. law in China. Temple graduates and current made pond, paddleboat, a few tents and a Qadhafi declared it would be counter- participants represent a reflective, highly- recreational vehicle. Perhaps the strangest productive for us to look towards the past placed community of judges, prosecutors, fixture at this location was Congressman and expressed his desire for the U.S. and state officials, professors, and legal advo- Tom Lantos, who was also meeting with Qa- Libya to confront international terrorism, cates who have a special understanding of dhafi. He commented how difficult it was to disease, climate change and Middle East the principles of the U.S. legal system. see each other in Washington, D.C. and how peace. I asked Qadhafi how we should combat A total of 554 legal professionals have par- odd it was to be chatting in Libya. the issue of fundamentalism and terrorism. ticipated or are participating in at least one As the sun was setting, we were summoned He responded by saying that the U.S. is sup- of Temple’s China educational programs to enter Qadhafi’s tent. We exchanged pleas- porting it by supporting Saudi Arabia. I told since 1997. Of these, 81 percent are from the antries and our desires for enhanced rela- him we did not do so intentionally and that public sector. We maintain contact with all

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00035 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17112 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 graduates through the newly formed Temple Temple education directly influences her interests of the state without trampling the Law Alumni Association of China (TLAAC), teaching and scholarship—and how she as- rights of the defendant. His directives in- publishing directories, maintaining a sesses her students. Meng took antitrust clude strategies and suggestions for prosecu- website, and hosting national reunions at with Professor Burton Caine in the fall of tors to take a middle course when carrying least once a year. 2005 and learned how to analyze cases from out investigations and prosecutions, as the The Master of Laws (LL.M.) degree program different angles and appreciate how judges larger interest of the state is not just to con- vict the guilty but to ensure a fair trial and The Temple Beijing LL.M. degree program, with different opinions set forth their legal accurate result for all participants. operated cooperatively with Tsinghua Uni- reasoning, and synthesize the law. The class Ms. Shen Jia is a professor of law at Bei- versity, is the most comprehensive edu- discussions often focused on how cases differ and overlap, creating a living body of law, jing City University and 2005 graduate of the cational program Temple—or any other for- Beijing LL.M. program. Professor Shen re- eign legal educational institution—offers in thus providing Meng with greater insight into the law and how it should be taught. ports in a recent e-mail: China. The educational experience is de- ‘‘To be frank, I am proud of what I have signed for Chinese legal professionals and Prior to her Temple education, she read anti- trust and anticompetitive law materials learned from Beijing LLM program . . . Just aims to have a profound impact on these key think, two years ago, I knew nothing about legal change agents. through translation into Chinese, but now she reads the original source materials in common law system, not to mention trial A total of 293 Chinese legal professionals, advocacy. But now I can stand in front of a including judges, National People’s Congress English. She said that many translated ma- terials are imprecise or misleading, and her judge trying to persuade the court what I’ve and State Council legislative officers, pros- got to say. I know what the judge wants ecutors, government officials, and law pro- improved English abilities allow her to teach more competently about U.S. sources of law. from me by asking those questions, so I can fessors have graduated from or are currently turn them into advocating for our side. It’s enrolled in Temple’s Beijing and Philadel- She also provides English case materials to her students, explaining to them that it is because of the help from all Temple profes- phia LL.M. programs. Of these, 64% are from sors . . . that made all these things pos- better to work hard at reading the original the public sector. Moreover, 12.7% are ethnic sible.’’ cases rather than fall back on translations. minority lawyers, many from traditionally Professor Shen teaches a U.S. common law disadvantaged regions within China. On March 7, 2006, we observed Meng’s course at Beijing City University. She now The number of Temple-educated Chinese fourth-year undergraduate law school anti- provides a fresh and updated teaching pres- lawyers is impressive and important. Temple competition law class at Renmin University. entation to her students using strategies has educated a substantial core community She arranges in advance for students to dis- similar to those employed in her Temple of influential Chinese lawyers who have a cuss various topics and have them lead dis- trial advocacy class. Her teaching will in- deep understanding of the fundamental prin- cussions using Power Point. In the class we spire students to take a greater interest in ciples of the rule of law such as trans- observed, the student made a series of cre- the importance of transparent laws and ef- parency, due process, accountability, and ative arguments in an effort to categorize fective advocacy trial practice. the various forms of anticompetitive behav- high ethical standards. They will carry these Non-degree judicial education program ior, and Meng made comments to supplement ideas with them as their careers mature. Temple has had a partnership with the Na- Temple is constantly seeking out lawyers the student points while also stimulating tional Judicial Training College of the Su- who work in NGOs and public interest work class discussion to help the presenter clarify her ideas. She also encouraged the students preme People’s Court to operate a non-de- to admit to the LL.M program. Among our gree judicial education program since 2002. current students: Tu Lijuan is an experi- to think creatively about the law, how a court may consider public policy in making Associate Chief Justice Cao Jianmin person- enced human rights advocate, having worked ally oversees the program and meets with for the Domestic Violence Network; Shui decisions, and to take a more active. role in their learning. Dean Robert Reinstein each year to discuss Miao is a drafter with the Legislative Affairs progress and future collaboration. The impact of any program is dem- Office of the National People’s Congress; and The program consists of a three-month In- onstrated by its graduates and what they do Xue-Dan Is the Director of Training for the troduction to the U.S. Legal System course State Intellectual Property Organization. with their education. Our alumni report that at the National Judicial College of the Su- Jiefeng Lu, a protege of the famous anti-dis- they are profoundly affected by their edu- preme People’s Court, followed by a con- crimination lawyer, Professor Zhou Wei, cation. The following anecdotal stories— centrated four-week program in the United worked on cutting-edge employment dis- from a judge who published a book on how to States. As part of the U.S. module, partici- crimination cases in China, plans to become cite legal authority and rationales in judi- pants attend a three-week session on the role an activist-scholar in discrimination law. cial opinions; a prosecutor who writes the of the judiciary in a rule-of-law based legal Four LL.M. students from the public sec- standards for the Beijing People’s Procura- system at New York University School of tor, including two law professors, one official torate stressing prosecutorial restraint; and Law’s Institute for Judicial Training. The with the Legislative Affairs Office of the a teacher who uses advocacy techniques in judges also visit the Temple main campus in State Council, and one official with the Min- the courtroom and classroom—all illustrate Philadelphia for a discussion on judicial re- istry of Justice (All China Lawyers Associa- the varied ways Temple graduates are using view hosted by Dean Reinstein. Moreover, tion), participated in a one month internship their education to promote the rule of law in they visit Washington, D.C., meeting with at Reed Smith. Their experience culminated China. their American judicial colleagues, the De- in mock trial before Senior Circuit Judge Mr. Feng Wensheng is the deputy director partment of Justice, and other legal institu- Edward Becker of the U.S. Third Circuit of the research and policy division of the Su- tions. Court of Appeals. The fact pattern simulated preme People’s Court of Hebei Province. The Judicial Education Program was cre- that of Kelo vs. New London, the controver- Judge Feng graduated from the Temple Bei- ated primarily to educate those judges who sial property rights case involving the gov- jing LLM program in 2003 and is now respon- could benefit from some exposure to U.S. and ernment taking of private property for pri- sible for drafting internal court procedures international law, but could not enter the vate economic development. The students for all courts in the province—with emphasis LL.M. program due to work commitments. will take this knowledge on the U.S. law of on judicial conduct. He continually focuses To date, 138 judges have completed or are condemnation back to China, where the on matters regarding judicial neutrality and participating in the program. similar issue of confiscation of private prop- the role of the judge to seek truth from the Participants are from geographically di- erty is a sensitive issue that requires public facts before making any legal determina- verse parts of China, including many judges participation and commentary. tions. His Temple experience also enabled from lesser-developed Western regions. Tem- Each year Temple makes efforts to locate him to publish ‘‘Reasoning and Annotations’’ ple maintains records on program partici- law professors to attend the LL.M. program. (Law Press: 2005), in which Judge Feng draws pants and has integrated the judges into the To date, we have educated 19 law professors, on principles of U.S. and international law to Temple Alumni Association of China. including seven during the term of this create a model for Chinese judicial rationale Judge Li Xinfang of the No.1 Civil Cham- grant. We know that these professors are in- drafting. ber of the Zhanjiang Intermediate Court, corporating what they have learned into Mr. Chang Guofeng is the Director of the Guangdong Province, reports that the Intro- their courses in Chinese law schools, thereby Discipline and Guidance division of the Bei- duction to U.S. Legal System course and having a direct impact on what is being jing People’s Procuratorate. Mr. Chang grad- one-month session in the United States in taught and, perhaps more importantly, how uated from the Temple Beijing LL.M. pro- 2005 has greatly expanded the scope of re- it is being taught. As a result, a new genera- gram in 2004 and is responsible for writing sources she now uses to decide cases. In par- tion of Chinese lawyers will be able to criti- policy directives that are distributed to the ticular, her visits to courts and interaction cally examine Chinese law and be exposed to entire Beijing procuratorial system. He re- with colleagues in the United States pro- principles of U.S law. ports that his Temple education gave him a vided her a fresh perspective on dispute reso- Class of 2006 Beijing LL.M. student and stronger view of prosecutorial restraint, and lution while underscoring the use of due Professor Meng Yanbei teaches antitrust at his directives reflect the spirit that the role process and transparent norms as the guid- Renmin University. She reports that her of prosecutors is to vigorously represent the ing principle for all judicial action.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00036 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17113 Previous program participants report that due process and transparent norms at all As part of our partnership with the Central their Temple education allows them to exer- stages of criminal investigation and prosecu- University for Nationalities, Temple has sup- cise greater influence in their home courts. tion. Mr. Xu Yanping, Vice President of the ported Mr. Kalsang Tsering. Mr. Tsering is The judges emphasize that they are often Shanghai Pudong District Procuratorate, an ethnic Tibetan who studied English in asked to share information from their Tem- served as group leader and provided con- Temple’s Intensive English Language Pro- ple training with their colleagues at staff tinual feedback to the program directors. He gram for two years. Upon his graduation meetings and through written reports. Their continually remarked how the program im- from Temple in May 2006, returned to Tibet Temple experience also allows them to an- pressed upon the participants the depth and to work with the Tibet Hengfeng Law Firm swer individual questions for colleagues who scope of U.S.-style protections, the tremen- to provide legal services to the Tibetan com- must resolve an issue currently unsettled dous knowledge of the faculty and practi- munity. Mr. Tsering states that his Temple under Chinese law but that may have com- tioners, and the importance of an open and education will help him to provide access to mon practice in the United States. Judges transparent system. This combination of fac- justice for more Tibetans while also assist- state that this multiplier effect allows their tors will influence the prosecutors to carry ing in facilitating foreign investment in Temple education to carry tremendous out their own laws with fairness as well as to Tibet. He also feels a social obligation to weight and influence in courts well beyond continually bring themselves to higher lev- serve his community, and he ultimately the training of one individual judge. els of professional excellence. hopes to work both as a lawyer and law lec- Past Judicial Education Program partici- In a follow-up interview with Mr. Xu in turer at newly-created law department at pants also emphasize the long-term value of Shanghai in February 2006, he underscored Tibet University. the program. the value to him of his participation in the Kalsang studied international human Mr. Bai Zongzhao is a judge on the Su- program, particularly how the material now rights course and wrote a scholarly paper on preme People’s Court of Sichuan Province. provides him a new frame of reference in how the Chinese government can take addi- He participated in the 2003 Judicial Edu- making decisions in his current job. tional action to protect Tibetan language cation Program and then graduated from the Similarly, Bian Fei, a participant in the rights and establish a bilingual system in Ti- Temple Beijing LLM program in 2004. He is 2003 program, reported that his superiors betan regions. now the deputy director of the high court’s asked him to do a presentation on the infor- criminal division. Judge Bai has indicated, mation he acquired from the program to 100 CONCLUSION in a 2005 interview, that his Temple edu- of his peers upon his return. Some of the We are gratified by the accomplishments cation provided him with a profound sense of ideas were subsequently used in an office re- of Temple’s rule of law projects in China. substantive knowledge and court procedure. organization plan. Temple’s programs are making tangible con- When he is the presiding judge in a case, he Participants reported that the training tributions to China in its ongoing process of now holds a pre-trial hearing and instructs program was well-run and extremely bene- developing a credible legal system. It is an the prosecutors and defense attorneys on ficial to their professional development. honor and a privilege to be entrusted with more efficient court practice-skills Judge They underscored that many areas of their such an important job by the Department of Bai says he learned in his Temple trial advo- prosecutorial practice, particularly criminal State. cacy class. He informs counsel that the pur- procedure, are still being developed in pose of the hearing is to resolve questions China—and that understanding of US. prac- MY VIEW OF THE TEMPLE/TSINGHOA LLM the judges have about the weak points of the tice helps to fill certain gaps. Some partici- PROGRAM cases, and not simply to recite the written pants were trial prosecutors, others were ad- SENATOR SPECTER: I am greatly honored pleadings. Judge Bai insists that creating a ministrators and prosecutorial researchers, for this opportunity to express my view of more adversarial-style hearing allows him to so the multiplier effect of training one per- the Temple/Tsinghua Program by writing a ask more detailed questions and arrive at a son will also carry weight in various levels of letter to you. more legally accurate conclusion. Overall, he the Chinese prosecutorial system. First of all, heartiest thanks to you for concludes that the Temple program posi- As part of Temple’s overall plan to create your brief and instructive speech to us stu- tively affects graduates’ way of thinking a community of U.S.-educated legal profes- dents of the program during your visit to about law, with greater adherence to law and sionals, participants have been fully inte- China. Among the students, I was the procedure, and will pay long-term dividends grated into the Temple Law Alumni Associa- luckiest person to have had the chance to in China’s legal culture. tion of China. answer your inquiry about the protection of Temple and the National Judicial College By all accounts, this program is effective the rights related to the accused persons in remain very satisfied with the educational and highly valued by the Supreme People’s China. In my opinion, there are many dif- experience and the progress of our graduates. Procuratorate. Unfortunately, this pro- ferences between America and China on this This year we have added an additional course gram’s funding was cut from the current issue, and the reasons are quite complicated. in Civil Procedure to the Beijing portion of year’s grant. Politically speaking, China has a more the program. Outreach to ethnic minorities in China than 2000 years history of feuda1ism which is The National Judicial College has recently Temple is committed to identifying and charateristic of autocracy, that is to say, we agreed to conduct a joint survey with Tem- supporting minority students in our pro- have a strong tradition to give more than ple of all judges who have attended the pro- grams, and we aggressively recruit qualified enough belief and reliance to the govern- gram with the specific goal determining minority students, particularly from the ment to decide whether a person is guilty or what has been most useful to our partici- Western regions of China. Our partner orga- not. Even though we are trying to apply pants. We will likely use our findings as a nizations in China have indicated that fur- modern criminal procedure strictly to pro- basis to refine the curriculum. ther development of the Western regions of tect the legal rights of accused persons, the Non-degree prosecutorial education program China is critical to the overall stability of phenomenon of disregarding the suspects’ In 2002 the Supreme People’s Procura- China’s legal system, and so Temple has cre- legal rights still exists. More time is needed torate invited Temple to create a non-degree ated a minority outreach program to educate to change, and I hope the sooner the better. prosecutor education program modeled on students who have the social commitment to Judicially speaking, we have used the our successful partnership with the Supreme return to their home regions and carry out standard of the presumption of guilt for People’s Court. In December 2005, the second rule-of-law reforms in less-developed areas. many years, as it was hard to believe that a prosecutorial education program was held in Temple has an extraordinary record of suc- person could be innocent when he/she was ac- Beijing, Philadelphia and Washington, D.C. cess in educating qualified minorities with a cused of a crime in the past. From 1997, we Seasoned and well-reputed Temple faculty law degree—a rare commodity. Temple’s rep- began to apply a new standard of the pre- delivered sessions on search and seizure pro- utation is so well-known that minority stu- sumption of innocence, however, in reality, tections, pre-arrest warnings, jury trial pro- dents are beginning to refer their friends to we could not completely remove the influ- cedures, and proper police practices in col- the program. ence of the old notion. I am sure things will lecting evidence. To supplement the faculty To date, 29 ethnic minorities have either change with the development of law in discussions, Temple was fortunate to procure graduated from or are currently attending China. the enthusiastic participation of the U.S. At- our LL.M. program. Thirteen minority grad- Economically speaking, we have been fo- torney’s Office in Philadelphia as well as the uates now work in the public sector: four are cusing more on economic development than Department of Justice in Washington DC. In- judges, three are prosecutors, and one works on social justice. Sometimes we do not have vestigators from the Federal Bureau of In- at the State Council. Four graduates are law time to pay attention to the legal rights of vestigations in both cities also took part. professors, currently teaching at the laws accused persons. But now we have put for- Experienced U.S. prosecutors and FBI agents schools of Central University for Nationali- ward the social object of justice, which no delivered sessions on motion practice, impor- ties, Zhengzhou University, and Sichuan legal right can be ignored, nor can be the ac- tance of defense lawyers, and strategies for University. The LL.M. program has educated cused persons’ legal rights. combating official corruption. nine Tibetans, eight Huis, three Manchu- As far as I know, the difference about the An underlying strategy of the Temple pro- rians, two Mongolians, and one each Kazak, protection of the rights of the accused per- gram was to underscore the importance of Li, Miao, Tijia, Uigyur, Yi, and Zhuang. sons between America and China is so large

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00037 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17114 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 that it is usually difficult for us to under- contribution to the judicial relationship be- Although I have rich work experience and stand and agree with each other. Personally tween the United States and China. Your ex- profound basis of legal theory, I wish to en- speaking, I think that America may give too cellent and useful lecture impressed me large my scope of knowledge, to acquire much protection to the accused person, deeply. more knowledge of the U.S. legal system, by which is not very often good for the control I am a young female Chinese judge of taking advantage of this opportunity. I also of crime, and that China may pay too much Bayannaor Intermediate Court in Inner Mon- want to improve my knowledge base in order attention to social stability and economic golia. I was appointed to the judiciary in to excel in my duties as a judge in the fu- development, which sometimes sacrifices the March 1997. ture. accused persons’ legal rights. Therefore, the I am very lucky to have this good oppor- Thank you again! two countries can make efforts to find com- tunity to take part in Temple/Tsinghua LLM Yours faithfully, mon ground through communication. This program. First of all, it is very convenient ZHAO, YUMEI. program will surely enhance the mutual un- for Chinese law practitioners to learn the derstanding of each other’s legal systems. legal system of the United States at DEAR SENATOR SPECTER: I am glad to have I also know that it is your instrumental Tsinghua, which is a famous university in attended the meeting in which I met with role in promoting this program that makes China, and then spend two months at Temple you in Beijing on July 11th. It is a great the judicial communication between Amer- University in Philadelphia. We really appre- honor for me to further discuss with you the ica and China so specific and effective. All ciate the financial aid supplied by the Amer- topic of the Temple Program’s value to the students of the program have benefitted ican government. Secondly, the program has strengthen the cooperation and communica- a lot from the program, and we will play a opened a broad vision for us to master the tion between the Sino-US legal systems. fundamental role in the legal communica- American legal system in such a short time I am the deputy presiding judge of the No. tion between America and China. with the help of American law professors. 1 Civil Tribunal (trial of civil cases, mainly Once again thanks for your continued at- Thirdly, the ‘‘checks and balances’’ principle including real estate, tort, contract, and do- tention to the program and to us students. of the American legal system causes us to re- mestic relations) of the Intermediate Peo- We will try our best to study in the program. consider our own legal system, as it is also ple’s Court of Wuxi City, Jiangsu Province. I I am looking forward to hearing your very helpful as a model for Chinese judicial began my judicial career in the court since I thoughts on this matter. reform. graduated from China University of Political Yours sincerely, As a judge, I have handled over 200 cases Science & Law in Beijing in 1994. During that FENG ZHAOJIU/THOMAS, including both civil cases and criminal cases. same year, I passed the National Lawyer’s Student of LL.M of Temple/Tsinghua. In dealing with cases, I have found many Qualification Exam. I have worked as a problems which need to be solved in the Chi- clerk, an assistant judge, and a judge in the MY IMPRESSION OF THE TEMPLE/TSINGHUA nese legal system, although there has been same court for more than 12 years. In 2004, I PROGRAM progress: such as when police officers ques- passed the entrance exam of Juris Master SENATOR SPECTER: First of all thanks for tion suspects in the investigation process, Degree in Pudan University (located in your supports to the program and meeting and when lawyers or records are needed. We Shanghai. 126 kilometres away from Wuxi with us! have absorbed American due process theory City) with the third highest score and am The exchange and cooperation between and set up a similar system. However, other pursuing that degree part time. Temple University and Tsinghua University problems need to be solved. For instance, Since 1999, I have been engaged in the trial law school is very valuable. It provides a there is only one Civil Code and one Civil of tort, contract, intellectual property, good platform for Chinese judges, prosecu- Procedure Law in China. All judges apply the bankruptcy, and commercial matters involv- tors, attorneys, and government officials to same law, but different judges make dif- ing foreign aspects as a judge in my court. In understand the legal system of the United ferent decisions on similar factual matters. 2004. I become a presiding judge through States. The Master of Laws Program of Tem- The parties cannot understand the results. I tough competition. At present, all the cases ple/Tsinghua University provides legal edu- was taught some the fundamentals of U.S. which I was the main judge and wrote judi- cation that causes fruitful development in law and the legal system by professors of cial opinions for have exceeded 370, not in- China. It opens a window for us to use the Temple University. I found the interaction cluding those which I took part in as a mem- advanced legal system of the United States very useful to help me solve legal problems ber of the panel or a presiding judge. for references. in my own practice. The Supreme People’s Through my resume, you can imagine how I come from the Dongying Intermediate Court of China should set up some cases sys- challenging and exciting the job is. I am Court of Shandong Province. I have been tem to instruct judges in applying new laws strongly interested in the practical trial of working as a criminal judge for six years, and principles. cases while I deeply know the importance of hearing more than 150 cases. I chose to at- I believe this study experience in Temple legal research beside the overload of the job. tend this program with the encouragement University will bring me great success in my 1 like to read valuable treatises and commu- of my American teachers when I studied in future career. nicate with other outstanding judges and National Judicial College this year. What Sincerely, some scholars to broaden my eyesight. impressed me most is their patience and re- WEI XIAOXIA. On Feb. 2006, I was selected to attend the sponsibility! program of training judges co-sponsored by As to this program, I wish that it could TSINGHUA UNIVERSITY the P.R. China Judicial College and Temple contain more hands-on practical training, so Beijing, August 20, 2006. University. It is a good opportunity to ob- that it could be even more efficient and valu- HON. SENATOR SPECTER: I do appreciate tain an international view over the Chinese able to us. In addition, I wish we can be your visit! Thank you very much for your legal system and jump out from the busy given more lectures by American judges, care and support for our program! daily work to think about what I can do to prosecutors, and government officials; this I have been engaged in civil case trials for improve it. will provide us additional information to 15 years in the Fujian Province High Peo- This three-month training course is very help us carry out our jobs as judges in China. ple’s Court. I first worked in the civil divi- impressive. As one of the monitors of the Finally, this program is a big challenge to sion for 11 years, and now work in super- training course, I fully noticed that all the me because English is not my native lan- vision division. It is my honor to enter the professors in the group treated the job seri- guage, and America’s legal culture is very LLM of Temple University at Tsinghua Uni- ously and devoted their extra efforts to different from China’s legal culture. I will do versity. adapt to our critical judges. For example, my best to achieve my goal in the program, The function of the judge in the civil law Professor Melindah Bush, the group leader, meanwhile I wish I can obtain more help. I and common law systems is different. How- was so popular that she approved our request know it is only beginning, even if I can sur- ever, the role of Chinese judges is undergoing for her to give more lectures every weekend vive the LLM program! My dream is to be- change with the development of China. and kept doing it from the first beginning come an excellent judge. In the future, I wish Judges no longer apply law mechanically. We till the last end. She also invited some expe- I can do some beneficial work for judicial ex- are realizing the transformation of adapting rienced and smart personal friends to give us change and cooperation between China and the letter of the law to social reality and de- extra and helpful lectures, all at which ex- the United States. mands. No judge acquires the wisdom to ceeded the duty she must do and showed the CHEN LITIAN, apply laws without long-term study and program’s friendliness and flexibility to Graduate of the LLM of Temple practice. The judicial system based on case adapt to our needs. Another example is Pro- Tsinghua University. law is the essential element of American fessor Peter Castagnaro, an expert in linguis- law. This is just what we should learn and tics, who tried to convince us, mostly in our AUGUST 24, 2006. refer to. So never can we learn the extensive thirties or forties, to commence a scientific DEAR SENATOR SPECTER: I am very pleased and profound American law without the new style to learn English as a foreign lan- to write this letter to you. I truly admire knowledge of a specific case and its process. guage, which proved to be very effective. He you for your abundant experience and your So we need this opportunity to learn. even brought A4 paper for us to do homework

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00038 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17115 when he heard we talked about the inconven- Court of Appeals for the Federal Cir- Board Member, CPR Institute for Dispute ience to buy it. Surely the result of the cuit. Professor Moore has an out- Resolution, Judicial Subcommittee, 2003– training course manifested that their works standing academic background. She present. brought us so many new ideas and was so has a bachelor of science from Massa- Member, Georgetown Patent Institute Ad- successful that all the judges requested the visory Board. program to be extended as long as possible chusetts Institute of Technology, 1990; Member, Federalist Society. until most of them must go to New York for a master of science from MIT, 1991; and Member, American Bar Association. the next stage training course. We were very a law degree from the Georgetown Uni- Member, American Intellectual Property grateful to see the request had been met versity Law Center, cum laude, 1994. Law Association. again. She was an associate at the pres- Member, Maryland Bar Association. For my individual point of view, I acquired tigious law firm of Kirkland & Ellis Mr. SPECTER. She has the potential a general idea of American legal system from 1994 to 1995. In 1995, Professor to make an outstanding judge. I urge from the judges training program. Different Moore became a law clerk to Judge my colleagues to vote to confirm. with an American attorney’s emphasis on I yield the floor. the distinction between Sino-US legal sys- Glen Archer, chief judge of the U.S. tems, whose lecture pointed out more than Court of Appeals for the Federal Cir- The PRESIDING OFFICER. The Sen- 10 differences, I found more important the cuit, serving from 1995 to 1997. Fol- ator from Vermont. common points between the two legal sys- lowing her 2-year clerkship, she was an Mr. LEAHY. Madam President, I con- tems and arrived at a conclusion that doing associate professor of law at Chicago- cur with the senior Senator from Penn- further research about US legal system will Kent College of Law, from 1997 to 1999. sylvania and will support the Presi- be very helpful to improve our own legal sys- She was an assistant professor of law dent’s nominee in this case. I mention tem. As a judge, I prefer to avoid to arrive at at the University of Maryland School that at the outset to advise Senators any hasty decisions. But the extremely effec- of Law, from 1999 to 2000 and an intel- on this side of the aisle. tive training program is a powerful sup- I also welcome the distinguished Sen- porting evidence to encourage me to apply lectual property litigation counsel for for attending the Temple-Tsinghua LLM Morgan, Lewis & Bockius from 2000 to ator back from his trip. It sounds like Program. I believe the precious opportunity 2003. From 2000–2004, she was an asso- it was a substantial trip. I spent Au- will be beneficial to enhance my judicial ciate professor of law at George Mason gust in Vermont, a matter of no great ability and enable me to share new knowl- University School of Law, before as- sacrifice I must say, but nevertheless a edge with other Chinese judges. I hope I can suming her current position as Pro- very busy month. make full use of the time in the LLM pro- fessor of Law at George Mason. That made me think, Madam Presi- gram, learn new and practical ideas as much Professor Moore is a board member of dent, when we returned today from re- as possible to improve my court’s judicial re- cess, we have less than 4 weeks remain- form, and become familiar with the Amer- the Federal Circuit Bar Association; a ican culture and promote the communica- board member of Patent Strategy & ing in this legislative session. With so tion and understanding between the people. Management; and a board member of little time remaining, I hope we can Finally, I shall express my deepest thanks Intellectual Property Owners Edu- join to make real progress on the to your kind support and serious concern cation Foundation. issues that have languished unresolved, with the program which provides such an ef- I ask unanimous consent a full copy the real issues that matter most to the fective way for me to learn something valu- of her re´sume´ be printed in the American people. We spend a lot of able to improve our judicial work and RECORD. time talking about issues that really strengthen the understanding of US legal do not matter to the American people system. There being no objection, the mate- Yours sincerely, rial was ordered to be printed in the and ignoring those issues that do. SHEN DONGEMI, RECORD, as follows: I urge the administration and the Re- publican leadership of the House and Judge of the Intermediate People’s Court of KIMBERLY ANN MOORE Wuxi City, Jiangsu Province, P.R. China. Senate to recognize the failures that UNITED STATES COURT OF APPEALS FOR THE have set us back as a nation. We are f FEDERAL CIRCUIT ready to work together to rectify those Birth EXECUTIVE CALENDAR failures. June 15, 1968, Baltimore, Maryland. Secretary Rumsfeld and Vice Presi- Legal Residence dent CHENEY struck the absolute wrong NOMINATION OF KIMBERLY ANN Virginia. note when they recently labeled as MOORE TO BE UNITED STATES Education ‘‘appeasers’’ the majority of Americans CIRCUIT JUDGE FOR THE FED- B.S., 1990, Massachusetts Institute of Tech- who recognize the disastrous war in ERAL CIRCUIT nology. Iraq as distracting them from winning The PRESIDING OFFICER. Under M.S., 1991, Massachusetts Institute of the war on terror. Basically, they are the previous order, the hour of 4:30 p.m. Technology. saying anyone who questions their mis- having arrived, the Senate will proceed J.D., Cum Laude, 1994, Georgetown Univer- takes or points out their mistakes is sity Law Center. to executive session to consider the nearly treasonous. My God, we have nomination of Kimberly Ann Moore, of Employment not heard talk like that since the days Virginia, which the clerk will report. Associate, Kirkland & Ellis, 1994–1995. of King George. And that led to the The assistant legislative clerk read Law Clerk, Judge Glenn L. Archer, Chief revolution that made us a country. the nomination of Kimberly Ann Judge of the U.S. Court of Appeals for the Again, this week, the Democratic Federal Circuit, 1995–1997. Moore, of Virginia, to be United States Assistant Professor of Law, Chicago-Kent leadership reached out to the President Circuit Judge for the Federal Circuit. College of Law, 1997–1999. on this important issue. Rather than The PRESIDING OFFICER. Under Assistant Professor of Law, University of name-calling and seeking to divide the previous order, there will be 1 hour Maryland School of Law, 1999–2000. Americans, rather than fostering fear for debate equally divided. Intellectual Property Litigation Counsel, and seeking to scare Americans into Mr. LEAHY. If the Senator will yield, Morgan, Lewis & Bockius, 2000–2003. staying the disastrous course on which after the Senator from Pennsylvania Associate Professor, George Mason Univer- the Government remains headed, I urge uses whatever period of time he wants, sity School of Law, 2000–2004. Republican leaders to join to fight a Professor of Law, George Mason University or yields to another, there is half an School of Law, 2004–present. smarter war on terror so we can make hour available to the Senator from America safer. Selected Activities Vermont; is that correct? The cronyism, the incompetence that The PRESIDING OFFICER. The Sen- Board Member, Federal Circuit Bar Asso- brought us the devastating aftermath ciation, 1999–present. ator is correct. Board Member, Patent Strategy & Manage- of Hurricane Katrina cannot continue Mr. SPECTER. Madam President, I ment, 2001–present. to define Government action. With urge my colleagues to confirm Pro- Board Member, Intellectual Property Own- more Americans in poverty, and ex- fessor Kimberly Ann Moore for the U.S. ers Education Foundation, 2005–present. treme poverty, with more children

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00039 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17116 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 without health care, we must do bet- Iran and North Korea and the Middle I don’t think anybody anticipated the level ter. America can do better. East. They are more threatening than of violence that we’ve encountered. With rising interest rates, rising any time in recent memory. And a military spokesman said: mortgage rates, rising health care The administration resisted recent I don’t think anyone could have antici- costs, rising insurance costs, we must efforts to examine what led to the trag- pated the sectarian violence. do better for America’s working fami- ic events of September 11. The adminis- Of course, neither of these state- lies. America can do better. tration does not want the rubberstamp ments was accurate since sectarian vi- While corporate profits have taken a Congress to ask them what they did, olence was a known risk. It was even a greater and greater share of our gross why they allowed September 11 to hap- predicted risk from the outset. It is one national product, wages are stagnant. pen in the first place. of the reasons so many opposed going Those in charge refuse to allow a long They resisted the creation of a De- there in the first place. overdue raise to the minimum wage. partment of Homeland Security. They Just as this administration’s jus- We have just come through a summer resisted the formation of the 9/11 Com- tification for U.S. involvement in Iraq of record-high gas prices. For many mission because they knew it would continued to shift from one to the families, the threat of record-high ask the question: Why did September next, its excuses ring hollow when they home heating prices this winter is 11 happen during the Bush administra- refuse to acknowledge their errors and around the corner. Yet this will be an- tion? And they failed to implement instead claim infallibility. ‘‘Just trust other year in which this administra- many of the Commission’s most impor- us’’ long ago proved its failure as a tion will not raise the minimum wage. tant recommendations. Bush administration policy. As we approach the fifth anniversary Recently, President Bush held a press Ours is the strongest military in the of the attacks of September 11, 2001, we conference. He conceded what we all world, but there are limits to military are more aware of the painful failure of know: Iraq had ‘‘nothing’’ to do with power. That military power and re- the Federal Government in neglecting the attack on the World Trade Center. sources must never be squandered. to protect the Nation from those at- Then he skipped quickly over the main Many people who have actively served tacks. September 11 could have been reason we went into Iraq; namely, his in the military knew that. The Presi- avoided. Our Government dropped the erroneous contention that Iraq had dent’s father knew that. General Pow- ball. We did not protect the Nation. In weapons of mass destruction. ell knew that. President Eisenhower, these last 5 years, the administration’s A growing roster of conservative Re- the military hero of World War II, a decision to send hundreds of thousands publicans, from William Buckley on, is Republican President, knew that. of Americans into Iraq, diverting at- now acknowledging the failure of this Unfortunately, this administration, tention and resources from the hunt administration’s strategy in Iraq. thousands of lives later, hundreds of for Osama bin Laden and the fight Even as sectarian violence has con- billions of dollars later, is just begin- against al-Qaida—those loom largest tinued to grow among Iraqis, as the ning to learn it in what has proven to among the many mistakes they have losses it causes to America continue to be a disaster of historic proportions. Imagine how different our situation made which have created a more dan- mount, the administration tolerates no gerous and threatening world. would be today if we had not shifted criticism or, worse yet, listens to no How sad, how discouraging, how our lead forces from Afghanistan to new perspectives on a deteriorating sit- needless, and how ominous it has been Iraq at the critical moment when we uation. They stubbornly insist: Stay on the past 5 years to see the national and 1 had Osama bin Laden cornered, when international unity we had after those this uncorrected course for another 2 ⁄2 we were about to find him. What if the horrific attacks squandered by this ad- years—this from a President who, when President had done what we unani- ministration’s crass politics, their ar- he first ran for office, told our country mously asked him to do, go get Osama rogant unilateralism, their misguided he was against nation building and bin Laden, the man who engineered policies. against foreign military antagonists. September 11. We had him on the run. It was around the time of the second It is difficult to come together and to We let him go, and we went into a fu- anniversary of September 11 that De- move forward when the administration tile war in Iraq. fense Secretary Rumsfeld put his finger will not acknowledge that its historic In the years since then, the Iraq war on a key question in the fight against miscalculations that led to the current has stretched our military to the terrorism, when he asked whether we situation. When they are not ignoring breaking point. It has sapped hundreds were creating or eliminating more ter- the past, they simply excuse it. The ex- of millions of dollars and preoccupied rorists through our actions. There can cuses for their failures are mockingly our attention. The White House has now be little doubt about the honest the same. even disbanded the intelligence unit answer to the question about the ac- In May 2002, the then-National Secu- that for a year was dedicated to track- tions taken by this administration rity Adviser, now Secretary of State, ing down Osama bin Laden. All those over the last 5 years. Does anyone said: nations that were on our side after doubt the impact of the occupation of I don’t think anybody could have predicted September 11, 2001, now do not support Iraq, the images from Abu Ghraib, the that these people would take an airplane and us. international scandal at Guantanamo, slam it into the World Trade Center . . . that What have we done? A diversion to and the war profiteering by huge de- they would try to use an airplane as a mis- Iraq has only succeeded in creating a sile. fense contractors? new breeding ground for terrorists and Our own State Department, the Bush Of course, that was not true. The 9/11 in emboldening the rogue states to har- State Department, had to revise its re- Commission showed how the Bush ad- bor and supply them. Starting this un- ports on international terrorism in ministration had received many of the necessary war in Iraq did not make us order to reflect a more honest assess- September 11 warnings that that was more secure, it has made us less secure. ment of the growing incidence of ter- exactly what they were going to do. And worse yet, the Bush administra- rorism violence. In September 2005, President Bush re- tion allowed Osama bin Laden to es- Hamas and Hezbollah are winning sponded to the destruction of New Orle- cape. elections, as are hardliners in Iran and ans by saying: We need to adjust our course in order elsewhere throughout the Middle East. I don’t think anybody anticipated the to effectively confront the threat of We see American soldiers, brave Amer- breach of the levees. terrorism. We do not need excuses and ican soldiers, trapped in the sectarian Of course, that was wrong. Of course, name calling. We need honesty and de- violence in Iraq. We see the situation local papers and others had discussed termination. We need not just conven- every day in Afghanistan deterio- this hurricane disaster scenario and tional military might but better intel- rating. others for years. It was predicted. ligence, stronger alliances, repaired al- Meanwhile, we have lost precious And earlier this summer, Vice Presi- liances, and better information shar- time to confront growing threats from dent CHENEY said about Iraq: ing. We need to use our resources for

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00040 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17117 homeland security, to protect our Congress that focuses on the Nation’s We cannot ignore the destruction al- ports, our planes, our industrial plants, real priorities. For example, the Re- ready wrought by the administration’s and our vital resources. publican-controlled Congress has yet to ill-advised, head-in-the-sand policies. Let us function as a constitutional enact a Federal budget; this notwith- We have to provide resources that our democracy and act within a moral standing that the law required them to returning veterans need at home. We framework and legitimate legal rules. do it by April 15 of this year. The Re- spend hundreds of millions of dollars Let us be that democratic model to the publican leadership of the House and for health care facilities in Iraq that world that America often has been and Senate decided to ignore the law and will never be used. Yet we are cutting should be today. Let us show the not pass one. back on health care facilities in Amer- strength and resolve of a free people, We have passed but one appropria- ica that our veterans need. America not a fearful people. Let us set a new tions bill, and we are required by law can do better. We spend hundreds of direction to counterterrorism on our to pass 13. We have yet to reconcile and millions of dollars, ostensibly, to build own terms, with American skill and enact lobbying reform and ethics legis- schools in Iraq that will never be used, with American values. lation. We have yet to deal with the and our schools in America are falling This summer we expressed our grati- skyrocketing cost of gasoline and apart without money for them. We can tude to British authorities for dis- health care. We have yet to reconcile spend hundreds of millions of dollars rupting a plot that reportedly endan- and enact a bipartisan and comprehen- for law enforcement in Iraq, law en- gered the citizens of both our coun- sive immigration reform bill. And the forcement that has proven particularly press reports today that the Repub- tries. That episode and the fifth anni- ineffective, and, at the same time, we lican leadership has decided they will versary, next week, of the attacks of are cutting millions of dollars for law not do that. And for the second year in 9/11 are reminders there is little margin enforcement in America, while our a row, the Republican-led Senate will for error in countering terrorism. crime rates skyrocket. America can do not even take up the annual intel- We need to refocus our attention and ligence authorization bill so we could better. resources from the divisions that The Senate can make progress, but it vote up or down, even though they plague Iraq to eliminating the mis- has to work together. Today, we con- have a majority in their own party direction and mismanagement that here. sider the nomination of Kimberly Ann still diverts us from an effective inter- As we commemorated the 1-year an- Moore for a lifetime appointment to national strategy to protect the Amer- niversary of Hurricane Katrina last the Court of Appeals for the Federal ican people from terrorism. We need to week, we were reminded that the situa- Circuit. In the weeks before the recess, be smarter and stronger to make tion in the gulf coast remains a trag- we confirmed several nominees to the America safer. We can do better. Amer- edy with serious human consequences. Nation’s important circuit courts. ica can do better. We need to commit ourselves and our Working together, the Senate con- For almost 5 years since the Govern- resources to helping our fellow citizens firmed two circuit nominees and two ment failed to protect us from 9/11, who are still in need after the appalling Federal trial court nominees in a mat- Bush administration officials in charge lack of responsiveness by this adminis- ter of minutes in one afternoon. That, of security have been saying it is not a tration. We need to provide the assist- I might point out, is the kind of question of whether al-Qaida will at- ance to that region of our country progress we can make when the Presi- tack us again but when. We need to do where rubble remains a fixture of the dent nominates qualified, consensus better. We need to do better. We should landscape 1 year later. We are spending nominees. look at the mistakes that allowed 9/11 tens of millions—hundreds of mil- When she is confirmed, Ms. Moore to happen. We should look at the colos- lions—storing trailers that will never will be the 7th circuit court nominee sal mistake that allowed Osama bin be used. Some contractors have made and the 30th judge overall confirmed Laden to escape. We as America need billions, but people remain homeless. this year. Compare this with those left to do better. This is our Department of Homeland unconfirmed in the 1996 congressional Mr. President, how much time re- Security that is supposed to be able to session, when Republicans controlled mains to the Senator from Vermont? react at a moment’s notice if we have the Senate and they stalled the nomi- The PRESIDING OFFICER (Mr. a danger. Here, even though they were nations of President Clinton. And in ALEXANDER). Fourteen minutes. given days of warning, they did not that year, Republicans would not con- Mr. LEAHY. Mr. President, I do not react. And when they did, it was one firm a single appellate court judge— see others on the floor seeking recogni- fumble after another, while the admin- not one. Here, today, we will have our tion, so let me continue. istration gave statements saying: Ev- seventh appellate court judge. I think The full agenda before us, as we enter erything is under control. It reminds of the 61—61—judges of President Clin- the final weeks of this legislative ses- me of the President standing on the ton who were pocket filibustered by a sion, reflects how little this Republican aircraft carrier saying: Mission accom- Republican-controlled Senate. leadership has accomplished, even plished. I think of the irony that in the 17 when it has control of the White House, But not just the residents of the gulf months of President Bush’s term in of- a Republican President, rubberstamp coast who cannot return to homes or fice when the Democrats controlled the Republican leadership in both the return to jobs, all Americans have to Senate, we actually confirmed Presi- House of Representatives and the Sen- prepare for the threat of an avian flu dent Bush’s judges faster than has been ate. pandemic so we do not see the repeat of done under a Republican-controlled We have had a steady course of mis- last winter, when the Government was Senate. You would not know that from guided priorities, including weeks— unprepared for a typical winter flu sea- the speeches that are made. weeks—spent on constitutional amend- son. Mr. President, throughout your But today is a day to congratulate ments designed to restrict Americans’ lifetime and my lifetime, every single Ms. Moore on her confirmation. I hope rights and the misuse of Congress’s year—every single year—we have had a she will be the kind of judge who will time and authority to interfere in flu season. And last year the adminis- apply the law fairly and protect the court battles over the medical treat- tration acted surprised that we had a rights of all litigants appearing in her ment of Terri Schiavo. These distrac- flu season. We should take action to courtroom. There are some superb peo- tions have done nothing to help our preserve and improve rather than pol- ple on that court. I think of such peo- country but instead cost Americans lute the environment. Protecting our ple as Judge Richard Linn. He should progress on real issues that matter environment has become a pressing be a model for her as to the kind of most. issue that has public safety and serious judge this Nation deserves. He is one of These failures to focus on our real health consequences for all Americans, the more senior members of that court. priorities have left America less se- today and tomorrow. That demands That is the kind of person I hope she cure. I look forward to a representative immediate attention. will emulate.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00041 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17118 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 Mr. President, how much time re- my State—when the Secretary of De- Subsequent to graduation, Ms. Moore mains to the Senator from Vermont? fense and others in the administration entered private practice where she The PRESIDING OFFICER. Six min- say if you raise questions, if you point worked as an associate at the well- re- utes. out their mistakes, somehow you are spected law firm of Kirkland & Ellis. Mr. LEAHY. Mr. President, of course, aiding the enemy, however defined, While at the firm, Ms. Moore special- again, I will yield the floor if somebody that you are not being patriotic. I am ized in intellectual property litigation. else seeks time. reminded to paraphrase Mark Twain. In 1995, the nominee left private prac- I do not mean this in an unfair way He said: Love your country. Question tice to serve as a law clerk for the Hon- because the distinguished Presiding Of- your Government. orable Glenn L. Archer, Jr., then-chief ficer, of course, is not allowed to speak. A lot of people in my State—Repub- judge of the U.S. Court of Appeals for I commend him. He comes from a won- licans and Democrats—say there is a the Federal Circuit. Ms. Moore served a derful State. It has been my privilege great deal to question today. 2-year clerkship on the court. to visit there. I suspect it is a lot like I hope they will continue to do so. I After her clerkship, the nominee Vermont. You have a chance to go into hope they will never fail to do so. I joined the faculty at the Chicago-Kent these small towns and cities, to go to hope that those people who have the College of Law and, later the Univer- county fairs and meet people. I have audacity in America—the freest de- sity of Maryland School of Law. At known the Presiding Officer to be a mocracy on Earth—that those leaders both law schools, Ms. Moore taught very accessible person when he was a in our Government who have the au- patent and trademark law. Beginning Governor, when he was a member of dacity to question the patriotism of in 2000, Ms. Moore spent 3 years as an the Cabinet, and now as a Senator. I Americans who question their mis- intellectual property litigation counsel try to do the same thing in my own takes will themselves be quiet and at the firm of Morgan, Lewis & Bockius State. leave—leave the stage. in Washington DC. At the same time, During this past month, I have gone I yield the floor and suggest the ab- however, she still managed to work in all over the State of Vermont. I have sence of a quorum. academia, teaching law as an associate talked to people. I have attended funer- The PRESIDING OFFICER. The professor at the George Mason Univer- als of brave soldiers killed in Iraq from clerk will call the roll. sity School of Law. In 2004, Ms. Moore Vermont. Vermont has lost more sol- The legislative clerk proceeded to became a full professor of law at diers per capita than any other State call the roll. George Mason University where she in the country. And it is interesting, in Mr. THOMAS. Mr. President, I ask teaches intellectual property law. a small State such as ours, as to the unanimous consent that the order for It is impressive to note that through- people you see at these funerals, every- the quorum call be rescinded. out her legal career the nominee has body knows everybody else. I walk out The PRESIDING OFFICER. Without written and delivered over 60 published and I see people whom I went to grade objection, it is so ordered. articles, books, and speeches, mostly in school with or people who knew my Mr. WARNER. Mr. President, I sup- the realm of intellectual property law. parents or I knew them or their fami- port the President’s nomination of Moreover, Ms. Moore has earned acco- lies. We are there, and the other Mem- Kimberly Ann Moore of Falls Church, lades from the National Law Journal, bers of the congressional delegation, VA, to be a U.S. Circuit Court Judge which recently selected her as one of the 100 most influential lawyers in the Governor, and nobody goes by a for the Federal Circuit. I was pleased, America. title. Our adjutant general is usually along with Senator ALLEN, to intro- In my view, Ms. Moore is obviously duce Ms. Moore to the Judiciary Com- referred to as Mike. I am called Pat. very well qualified to serve as a judge mittee on June 28, 2006, and it is my There is Jim and Bernie and so on. on this prestigious court. I look for- We’re a very proud State. We’re a privilege to speak again on her behalf. ward to the Senate confirming this fine very patriotic State. We’re a very hon- All of us recognize the importance of nominee overwhelmingly. est State. We’re the 14th State in the the position to which President Bush Mr. ALLEN. Mr. President, I am Nation, and we have answered the call. has nominated Ms. Moore. The U.S. pleased today to urge my colleagues to People wonder if maybe the call has Court of Appeals for the Federal Cir- support the confirmation of Kimberly been distorted this time. They wonder cuit stands as one of the 13 Federal Cir- Moore to be a circuit judge on the U.S. what this war does for our security. As cuit Courts of Appeals that operate Court of Appeals for the Federal Cir- I said earlier, I believe it has made us just under the U.S. Supreme Court. cuit. less secure as a nation, not more se- The Federal Circuit, which consists of Kimberly Moore is a Falls Church, cure. They wonder where the failures 12 judges, is a unique court in that it VA resident and a full tenured law pro- were in Government that allowed 9/11 has nationwide jurisdiction in a vari- fessor at George Mason University. to happen in the first place. And, of ety of subject areas, including inter- Among other cases, the Federal Cir- course, as more information has come national trade, government contracts, cuit hears all patent appeals from the out, it could have been avoided, should patents, trademarks, certain money district courts and the U.S. Patent and have been avoided, should have been claims against the U.S. Government, Trademark Office. Kimberly Moore is avoided. And they wonder if the lessons and veterans’ benefits cases. uniquely qualified to serve on this dis- have been learned about that. Given the court’s highly technical ju- tinguished court. They see Homeland Security that risdiction, there is no doubt that serv- First, Ms. Moore has a strong tech- should be able to respond to any emer- ing on the U.S. Court of Appeals for the nical background with two degrees gency, even that on a second’s notice, Federal Circuit is a challenging task. from the Massachusetts Institute of and yet they see that it failed to re- In my view, based on Ms. Moore’s edu- Technology, a bachelor of science in spond to Katrina there was all kinds of cational background and her legal and electrical engineering, and a master of notice. They see Republicans and technical expertise, she is clearly up to science and work experience as an en- Democrats joined together saying: Go the task. gineer with the Naval Surface Warfare get Osama bin Laden. And the adminis- Ms. Moore received her under- Center. tration does not get Osama bin Laden. graduate degree in 1990 in electrical en- Also, Ms. Moore has a great deal of Instead, they divert those forces to go gineering from the prestigious Massa- experience with the Federal Circuit into Iraq in a war we did not need and chusetts Institute of Technology. A itself. She is on the board of governors one that has made us less secure. They year later, she earned her masters of of the Federal Circuit Bar Association, even disbanded the special intelligence science and earned an impressive grade has been editor-in-chief of the Federal unit that has been tracking Osama bin point average of 4.8 out of a 5-point Circuit Bar Journal for 8 years, and has Laden. scale. The nominee then went on to been selected as a mediator in the Fed- But worse yet—and I heard this from graduate cum laude from Georgetown eral Circuit’s Pilot Appellate Medi- Republicans and Democrats alike in University Law Center in 1994. ation Program.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00042 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17119 As a professor, Kimberly Moore has Diggs Taylor will no doubt grab head- Yes, Justices Roberts and Alito have taught courses in patent law, patent lines. But as a piece of judicial work— it right. It is not the role of a judge to litigation, trademark law, and Federal that is, as a guide to what the law re- seek to replace the legislature, or the circuit practice. In fact, she coau- quires and how it either restrains or President, State legislatures, and the thored the casebook ‘‘Patent Litiga- permits the NSA’s program—her opin- Governors, township supervisors, coun- tion & Strategy,’’ with the current ion will not be helpful. ty councils with his or her own views. chief judge of the Federal Circuit, Paul Legal scholars have also criticized It is the role of a judge to apply the Michel, and a prominent practitioner, Judge Diggs Taylor’s opinion. Let me law and to do justice based on the facts Raphael Lupo. Kimberly Moore has give you just a few of these criticisms. in solving the dispute that has been written more than a dozen law review David B. Rivkin, a former Justice De- presented. articles on patent law and litigation partment official in Reagan’s and A court is not a place for zealous ad- and spoken at more than 40 conferences George H.W. Bush’s administrations, vocates to impose their will upon the on patent topics. noted in a New York Times op-ed on American public. It is not a place for As a lawyer, Kimberly Moore has August 18 that ‘‘[i]t is an appallingly people who believe their views as consulted with firms on patent cases bad opinion, both from a philosophical judges are superior to the views of the and appeals to the Federal Circuit. She and technical perspective, manifesting democratically elected officials in this has also served as an expert witness in strong bias.’’ country—better put, that their views dozens of patent cases. In fact, just this Harvard Law Professor Laurence are better than the people’s views be- month, Kimberly Moore was named one Tribe has written ‘‘[i]t’s altogether too cause we are, in fact, accountable to of the 100 most influential lawyers in easy to make disparaging remarks the people we represent. It is and America by the National Law Journal. about the quality of the Taylor opin- should continue to be a place for those I am pleased that President Bush has ion, which seems almost to have been public servants who seek to do justice chosen to nominate someone with such written more to poke a finger in the under the law and facts of each case President’s eye than to please the legal a strong background in patent law to and a place to interpret the law, rather commentariat or even, alas, to impress the Federal Circuit. Kimberly Moore than make law. will be an excellent addition to the an appellate panel....’’ Howard Bashman, an appellate attor- The PRESIDING OFFICER. Under court. ney and editor of the How Appealing the previous order, the question is, Will I strongly support the confirmation the Senate advise and consent to the of Ms. Kimberly Moore to be circuit legal blog, wrote in the New York Times on August 19 that ‘‘[i]t does ap- nomination of Kimberly Ann Moore, of judge of the U.S. Court of Appeals for Virginia, to be United States Circuit the Federal Circuit and urge my col- pear that folks on all sides of the spec- trum, both those who support it and Judge for the Federal Circuit? leagues to support this confirmation. Mr. THOMAS. Mr. President, I ask Mr. SANTORUM. Mr. President, I am those who oppose it, say the decision is not strongly grounded in legal author- for the yeas and nays. happy to see that we are scheduled to The PRESIDING OFFICER. Is there a confirm today the nomination of Kim- ity.’’ UCLA Law Professor Eugene Volokh sufficient second? berly Ann Moore, of Virginia, to be wrote on his widely read blog: ‘‘the There appears to be a sufficient sec- U.S. Circuit Judge for the Federal Cir- judge’s opinion . . . seems not just ill- ond. cuit. It is about time that we get back reasoned, but rhetorically ill-con- The clerk will call the roll. to confirming judges, and I am glad to ceived. . . . [B]y writing an opinion The legislative clerk called the roll. see that our leader is putting this issue that was too much feeling and too lit- Mr. MCCONNELL. The following Sen- back on the Senate’s agenda. tle careful argument, the judge in this ators were necessarily absent: the Sen- It is of utmost importance that the case made it less likely that the legal ator from Florida (Mr. MARTINEZ) and Senate continue to confirm President approach she feels so strongly about the Senator from Pennsylvania (Mr. Bush’s judicial nominees. Just last will ultimately become law.’’ SANTORUM). month, we saw what can happen when In contrast to Judge Anna Diggs Tay- Mr. DURBIN. I announce that the an ideologically driven activist judge lor, both of President Bush’s nominees Senator from Delaware (Mr. BIDEN), attempts to create national security to the Supreme Court, Justices Roberts the Senator from Hawaii (Mr. INOUYE), policy. Judge Anna Diggs Taylor, a and Alito, understand that it is not the the Senator from New Jersey (Mr. LAU- Federal district judge in Michigan ap- role of the judicial branch to make pol- TENBERG), the Senator from Con- pointed by President Carter in 1979, icy. During his confirmation hearings necticut (Mr. LIEBERMAN), the Senator ruled that the Terrorist Surveillance last year, Supreme Court Chief Justice from New Jersey (Mr. MENENDEZ), and Program was unconstitutional. This John Roberts said, ‘‘I don’t think you the Senator from Illinois (Mr. OBAMA) program, administered by the National want judges who will decide cases be- are necessarily absent. Security Agency, has been a critical fore them under the law on what they The PRESIDING OFFICER (Mr. component in ensuring the safety of think is good, simply good policy for CHAMBLISS). Are there any other Sen- millions of Americans. Despite that, America.’’ He also noted, ‘‘[T]he Court ators in the Chamber desiring to vote? Judge Diggs Taylor ruled that the pro- has to appreciate that the reason they The result was announced—yeas 92, gram, which the Government only uses have that authority is because they’re nays 0, as follows: to intercept international telephone interpreting the law, they’re not mak- [Rollcall Vote No. 231 Ex.] and internet communications, violates ing policy, and to the extent they go YEAS—92 the first and fourth amendments to the beyond their confined limits and make Constitution, the Administrative Pro- Akaka Chambliss Ensign policy or execute the law, they lose Alexander Clinton Enzi cedures Act, and the Separation of their legitimacy, and I think that calls Allard Coburn Feingold Powers doctrine, in other words the into question the authority they will Allen Cochran Feinstein veritable legal kitchen sink. need when it’s necessary to act in the Baucus Coleman Frist Bayh Collins Graham While some on the other side of the face of unconstitutional action.’’ Bennett Conrad Grassley aisle have rejoiced in this decision, this Similarly, Justice Samuel Alito re- Bingaman Cornyn Gregg opinion has been attacked from both marked during his confirmation hear- Bond Craig Hagel ends of the political spectrum. The ing that ‘‘results-oriented jurispru- Boxer Crapo Harkin Brownback Dayton Hatch Washington Post, in an editorial on dence is never justified because it is Bunning DeMint Hutchison August 18, noted that the decision is not our job to try to produce particular Burns DeWine Inhofe neither careful nor scholarly, and it is results. We are not policy makers and Burr Dodd Isakson Byrd Dole Jeffords hard-hitting only in the sense that a we shouldn’t be implementing any sort Cantwell Domenici Johnson bludgeon is hard-hitting. The angry of policy agenda or policy preferences Carper Dorgan Kennedy rhetoric of U.S. District Judge Anna that we have.’’ Chafee Durbin Kerry

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00043 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17120 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 Kohl Nelson (FL) Snowe have been adopted by the Department armor, unexploded bomblets target in- Kyl Nelson (NE) Specter of Defense to ensure that such muni- nocent civilians, seriously maiming or Landrieu Pryor Stabenow Leahy Reed Stevens tions will not be used in or near any killing their victims. This runs counter Levin Reid Sununu concentration of civilians, be it perma- to our values, and I believe it also runs Lincoln Roberts Talent nent or temporary, such as inhabited counter to the laws of war. Lott Rockefeller Thomas parts of cities or villages or in camps Make no mistake, the impact of Lugar Salazar Thune McCain Sarbanes unexploded cluster bombs on civilian Vitter or columns of refugees or evacuees. McConnell Schumer Voinovich Every year, hundreds of civilians are populations has been devastating. This Mikulski Sessions Warner killed and many more are injured due first came to my attention in Laos, Murkowski Shelby Murray Smith Wyden to unexploded cluster bombs. From the many years ago. In Laos today, there fields of Vietnam, Laos, and Cambodia, are between 9 and 27 million NOT VOTING—8 through the streets of Kosovo and Iraq, unexploded cluster bombs, leftovers Biden Lieberman Obama to the arid hills of Afghanistan and the from our bombing campaigns in the Inouye Martinez Santorum Lautenberg Menendez playgrounds of Lebanon, these lethal 1960s and 1970s. Approximately 11,000 relics of war continue to cripple life, people, 30 percent of them children, The nomination was confirmed. hope, and peace. have been killed or injured since the f Cluster munitions are large bombs, war ended. LEGISLATIVE SESSION rockets, or artillery shells that contain In the first gulf war, 61,000 cluster up to hundreds of small submunitions bombs were used, containing 20 million The PRESIDING OFFICER. The or individual bomblets. They are in- bomblets. Since 1991, unexploded President will be immediately notified tended for attacking enemy troop for- bomblets have killed 1,600 innocent of the Senate’s action and the Senate mations and armor, covering approxi- men, women, and children and injured will now resume legislative session. mately a .6-mile radius. In other words, more than 2,500. f their swath is over one-half mile. Yet In Afghanistan in 2001, over 1,228 cluster bombs with almost a quarter of DEPARTMENT OF DEFENSE AP- in practice they pose a real threat to a million bomblets were used. Between PROPRIATIONS ACT, 2007—Contin- the safety of civilians when used in October 2001 and November 2002, that ued populated areas because they leave year, 127 civilians were killed, 70 per- The PRESIDING OFFICER. The Sen- hundreds of unexploded bombs over a very large area and they are often inac- cent of them under the age of 18. ator from California. In Iraq in 2003, 13,000 cluster bombs curate. They end up in streets and cit- with 2 million bomblets were used. AMENDMENT NO. 4882 ies where men and women go to work Mrs. FEINSTEIN. Mr. President, I Combining the first and second gulf and do their shopping. They end up in war, the total number of unexploded call up amendment No. 4882. groves of trees and fields where chil- The PRESIDING OFFICER. Without bomblets in the region today is 1.2 mil- dren play. They end up in homes where lion. How many people will die? Al- objection, the pending amendment is families live. And in some cases, up to laid aside. The clerk will report the ready, an estimated 1,220 Kuwaitis and 40 percent of cluster bombs fail to ex- 400 Iraqi civilians have been killed amendment. plode, posing a particular danger to ci- The legislative clerk read as follows: since 1991 because they innocently vilians long after the conflict has picked up one of these bomblets. The Senator from California [Mrs. FEIN- ended. What gives rise in part to my amend- STEIN], for herself and Mr. LEAHY, proposes This is particularly and sadly true of an amendment numbered 4882. ment are recent developments in Leb- children because bomblets are no big- anon over alleged use of cluster bombs. The amendment is as follows: ger than a D battery and in some cases Throughout southern Lebanon, more (Purpose: To protect civilian lives from resemble a tennis ball. Children out- than 405 cluster bomb sites containing unexploded cluster munitions) side with their friends and relatives approximately 100,000 unexploded At the end of title VIII, add the following: come across these cluster bombs. They bomblets have been discovered. Each SEC. 8109. No funds appropriated or other- pick them up out of curiosity because site covers a radius of 220 yards. As wise made available by this Act may be obli- they look like balls and they start Lebanese children and families return gated or expended to acquire, utilize, sell, or playing with them and a terrible result transfer any cluster munition unless the to their homes and begin to rebuild, rules of engagement applicable to the cluster follows. they will be exposed to the danger of munition ensure that the cluster munition On March 25, 2003, Abdallah Yaqoob, these unexploded bomblets lying in the will not be used in or near any concentrated whose picture is behind me, was sleep- rubble. Thirteen people, including population of civilians, whether permanent ing on his bed in his family’s home in three young children, have been killed or temporary, including inhabited parts of Basra, Iraq, when he was hit with so far, and 48 injured. One United Na- cities or villages, camps or columns of refu- shrapnel from a cluster munitions tions official estimates that the rate of gees or evacuees, or camps or groups of no- strike in his neighborhood. He lost his unexploded bomblets is 40 percent. So mads. arm, and his abdomen was severely in- far, more than 2,000 unexploded Mrs. FEINSTEIN. Mr. President, on jured. Abdallah was hit by a British bomblets have been destroyed, but it behalf of the Senator from Vermont L20A1/M85 munition. will take 12 to 15 months to complete and myself, I offer an amendment to Falah Hassan, 13, was injured by an the effort. the Defense appropriations bill to ad- unexploded ground-launched submuni- Let me say that I join the United Na- dress a humanitarian issue that I have tion in Iraq on March 26, 2003. The ex- tions Humanitarian Coordinator for actually thought a great deal about plosion severed his right hand and Lebanon, David Shearer, in calling on over a long period of time; that is, the spread shrapnel through his body. He Israel to provide information on where use of the cluster bomb. The human lost his left index finger and soft tissue the cluster bombs were used. Such in- death toll and injury from these weap- in his lower limbs. formation is vital to speed up the ons is felt every day, going back dec- This is a photo of an unexploded M42 cleanup process and save lives. ades. Innocent children think they are cluster submunition found on a barbed- We have called the State Depart- picking up a play toy in the field and wire fence in southern Lebanon in Au- ment. We have asked for information suddenly their arm is blown off. gust 2006. You can see the size of the about the conditions for the sale of I believe we need to take a look at bomblet. Right next to it is a small cluster munitions to Israel, and we our policies and adjust them. Specifi- pinecone. So this is a small munition have not been able to get that informa- cally, our amendment would prevent hanging on a piece of barbed wire. tion. It seems to me that information any funds from being spent to pur- These unexploded cluster bombs be- should be readily available and trans- chase, use, or transfer cluster muni- come, in essence, landmines. Instead of parent, particularly to the U.S. Senate tions until the rules of engagement targeting troop formations and enemy and the House of Representatives.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00044 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17121 The State Department is currently of our own military. That was 6 per- And the Pentagon isn’t going to do it. looking into charges that the cluster cent of the total U.S. fatalities, and it But at a cost of between $8 and $15, a bombs found in south Lebanon were injured 58. Former Secretary of De- self-destruct device can be added to American made—I do not know that fense Bill Cohen recognized the threat cluster submunitions that destroy they were—and that they were used in cluster bombs pose to civilians as well these munitions if, in fact, they sur- violation of agreements between the as our troops. He issued a memo- vive intact. United States and Israel. I do not know randum which became known as the The Pentagon has argued that adding that they were, but I think we should Cohen policy. this device is cost prohibitive. And it know, and I think we should not cloak It stated that beginning in fiscal year may well be. ourselves with ignorance. I am hopeful 2005, all new cluster bomblets would The amendment of Senator LEAHY that this inquiry will be completed as have a failure rate of less than 1 per- and myself does not address this issue. soon as possible and the findings re- cent. I would like simply to end by reading ported to the Congress. If there are vio- This was an important step forward, the amendment. lations, there should be consequences. but we must remember that we still No funds appropriated or otherwise made Looking at these figures, it is clear have 5.5 million cluster bombs con- available by this Act may be obligated or ex- that several countries are awash with taining 728.5 million bomblets. That pended to acquire, utilize, sell, or transfer unexploded bomblets—Laos, 7 to 27 means we are still prepared to use an any cluster munition unless the rules of en- million; Iraq, 1.2 million; and then Leb- enormous number of cluster bombs gagement applicable to the cluster munition that have significant failure rates— ensure that the cluster munition will not be anon, 100,000. used in or near any concentrated population Some say: Why should we be doing some estimate as high as 40 percent. Out of the 728.5 million cluster sub- of civilians. this? I have always believed that this Is that too much to ask? That if you country stands for justice, it stands for munitions, only 30,900 have self-de- struct devices that would ensure a less are going to use a cluster munition right, and it has a moral compass. I be- which spews bomblets for a half mile lieve the use of these weapons in civil- than 1 percent so-called dud or unexploded failure rate. Those sub- that you be certain these are not going ian areas should be stopped. to be used in a civilian area? I think I also know that there is a dud rate— munitions account for only 0.00004 per- the answer is clearly is no. in other words, a rate at which point cent of the U.S. total. The Pentagon has stated that cluster I hope the Senate will see fit to agree these bomblets do not explode. I ask bomblets with failure rates of more to this amendment. this question: How are we supposed to than 1 percent ‘‘will remain in the De- I thank the Chair. I yield the floor win the hearts and minds of civilians in partment’s inventory until used or and I suggest the absence of a quorum. those countries where we leave behind until they have reached their extended The PRESIDING OFFICER. The such deadly weapons that indiscrimi- life and are demilitarized.’’ clerk will call the roll. nately kill young children? How are we That is pretty clear information that The assistant legislative clerk pro- supposed to speed up reconstruction ef- we are going to continue to use them. ceeded to call the roll. forts—building homes, schools, hos- I think that is wrong. Mr. DURBIN. I ask unanimous con- pitals, clinics, ensuring electricity and In fact, by fiscal year 2011, the United sent that the order for the quorum call water supplies—when populated areas States will still possess 480 million old be rescinded. are littered with these bombs? They re- cluster munitions with significant fail- The PRESIDING OFFICER. Without mind innocent civilians that it was ure rates. objection, it is so ordered. America that launched these weapons The latest Pentagon study on cluster Mr. DURBIN. Mr. President, I ask in populated areas; that it was America bombs cite failure rates of 2 to 6 per- unanimous consent to speak in morn- that failed to take the necessary steps cent for the entire U.S. arsenal. Other ing business. to protect them from unexploded studies, however, including one by the The PRESIDING OFFICER. Without bombs by demanding a low failure rate; GAO, found failure rates as high as 16 objection, it is so ordered. and it was America that failed to re- percent. U.S. marines in Karbala, Iraq, f move, expeditiously, unexploded in 2003 believe the failure rate in some CHICAGO TRIBUNE REPORTER bombs. places was as high as 40 percent. Simply put, unexploded cluster But even if you accept the conserv- PAUL SALOPEK bombs fuel anger and resentment and ative estimate of the Pentagon report, Mr. DURBIN. Mr. President, during make security stabilization and recon- if the United States used its entire ar- the August break, I took some time off struction efforts that much harder. senal of cluster bombs, we would leave with my wife. As we were traveling, we It is not just a humanitarian prob- 27 million unexploded bomblets some- were contacted by Jim O’Shea, who lem, it is also a military problem. where in the world. And a 16-percent works with the Chicago Tribune, in the By showering targets with cluster failure rate would equal 117 million city of Chicago, which I represent. bombs, we ensure that our own per- unexploded bomblets, and a 40-percent He told me about a terrible situation. sonnel will face thousands of failure rate would equal 300 million A writer for the Chicago Tribune, Paul unexploded bombs as they move for- unexploded bomblets. Salopek, who was on assignment for ward. This forces them to change Where am I going with all this? National Geographic in Africa, was ar- course. It slows the mission. Think about it. Three hundred million rested and detained in the Sudan. During the Iraq war, U.S. troops fired unexploded bomblets spread from Laos, For 9 days, our embassy was not noti- 6 rockets containing 4,000 bomblets to Cambodia, Vietnam, Afghanistan, Iraq, fied. When they learned of this and eliminate 1 artillery piece in a civilian southern Lebanon, wherever it may be, found him, he was in a confinement or neighborhood. With a 16-percent failure and those bomblets remain there dec- jail cell in El Fasher in Sudan. He is rate, approximately 640 unexploded ade after decade until somebody picks being charged with visa and other vio- bomblets were left behind. That is 1 ar- them up. And then that somebody is ei- lations for crossing over into Sudan tillery piece—6 rockets, 4,000 bomblets, ther killed or maimed for life. and most notably he is being charged and today 640 unexploded bomblets on I ask you: Is this the legacy we want with the crime of espionage. the streets. to leave behind in Iraq and Afghani- I come to the Senate today to let the As an August 2003 Wall Street Jour- stan? Is this the legacy Israel wants to American people know about his plight nal article noted, ‘‘Unexploded leave behind in Lebanon? Or is this the but also to speak to the Sudanese Gov- bomblets render significant swaths of legacy anyone that manufactures and ernment and their embassy in Wash- battlefield off-limits to advancing U.S. sells these munitions want to leave be- ington. Many times when we come to troops.’’ hind? the Senate to speak about foreign pol- In fact, during the first gulf war, There are steps we can take to ensure icy issues, we discuss the fate of hun- unexploded cluster munitions killed 22 a failure rate of less than 1 percent. dreds of thousands, sometimes even

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00045 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17122 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 millions of people. This relates to the I have been in close contact with the I am heartened by the news that the fate of one man. Paul Salopek is not U.S. Embassy in Sudan and understand Khartoum Government has issued a just another journalist, not just an- he is being treated well while he awaits pardon to a Slovenian writer and envoy other correspondent. He is a Pulitzer trial. Mr. Bishop, who works for our who had been convicted of similar Prize winner. embassy in Khartoum, has been in fre- charges. I first started reading his work in the quent contact, visiting him almost on I hope that Mr. Salopek can be re- Chicago Tribune. As soon as I would a daily basis, providing him with water leased even more quickly. finish a piece he had written, I would and food and the basics of life and mak- The American Society of Newspaper rush to the byline to see who wrote ing certain he is being taken care of. Editors, Reporters without Borders, this. He is truly a gifted writer. He has And I am glad to report that is hap- the Overseas Press Club, and the Com- written some things which I have saved pening. I appreciate that fact and all mittee to Protect Journalists have all and clipped out, that I hang onto. They the efforts the State Department and issued statements urging the release of are dog-eared and yellowed from age, others have undertaken on his behalf. Paul Salopek and his driver and trans- he is just that good. Assistant Secretary of State Jendayi lator who were detained with them. When I went to the Congo, the Demo- Frazer urged Sudanese President al- I want to repeat those calls on the cratic Republic of the Congo, this last Bashir to release him. And many of us floor of the Senate. December with Senator BROWNBACK, we in Congress have been working to try This is an opportunity for the Suda- were touring an area where, sadly, 5,000 to help effect his release. nese Government to make one small people a day die in this region of Afri- Let me make it clear: Those of us step in the right direction, toward rec- ca. Very few people in the West are who know of the work of Paul Salopek ognizing basic freedoms. aware of it. In preparation for that know one thing for certain, Paul I want to thank all those who tried journey, we looked at the National Ge- Salopek is a journalist. He is not a spy. to help; my colleague, Senator OBAMA, ographic special on Africa and particu- He has written on everything from the traveling in Africa, who has tried to do larly the section on the Democratic human genome diversity project, for his part to help Paul Salopek. I also Republic of the Congo. It was, once which he won his first Pulitzer Prize, want to acknowledge the work that has again, one of those pieces of writing to the civil war in the Congo, for which been done by former Congressman, that stops you cold. And you think: I he won his second. former Ambassador, former Secretary, wish I had the gift to come up with the He has been a student of cultural ge- now Governor Bill Richardson of New words of this writer. The writer, once ography, which informs his current Mexico, who is also trying to help in again, was Paul Salopek. project on the Sahel, once traveling every way he can. On August 6, Paul Salopek was ar- hundreds of miles by mule through the This is an opportunity for the Suda- rested in the Sudan while on freelance remote Sierra Madre region in Mexico. nese Government to make the right assignment for the National Geo- In another brilliant story, Paul step in the right direction, toward rec- graphic, along with his driver and in- traced the route of a barrel of oil, ognizing basic freedoms, toward dem- terpreter. He has been charged, as I tracking shipments of crude oil from onstrating the kind of humani- said, with espionage and with writing across the globe, until they reached tarianism which will leave, I think, the ‘‘false news,’’ along with an immigra- South Elgin in my home State of Illi- Sudanese Government in good stead tion violation. nois, and filled the gas tanks of the with many countries around the world. When you look at his assignment, it cars in my home State. It is my deepest hope that Paul was not even close to being politically He has written a touching article Salopek will soon be reunited with his sensitive. National Geographic had about 7-year-old brides in Ethiopia and family and soon be released from this sent him to this region to write about a 13-year-old school girl in Angola who prison. It is a matter of the freedom of the history and culture of the Sahel re- was tortured after she was accused of the press but, as I said, also the free- gion of Africa. I know that he under- witchcraft. dom of one fine man. took this assignment with the same His writing captures the reader from Mr. President, I yield the floor and commitment and passion as he has in the opening sentence, illuminating and suggest the absence of a quorum. all of his work. educating along the way. As Adlai Ste- The PRESIDING OFFICER. The When we visited the Congo, one of venson once said: He can make the clerk will call the roll. the women there, who had worked with words march on the page. The assistant legislative clerk pro- Paul while he was in that region, said One of his former colleagues, now ceeded to call the roll. she could not remember another writer with the Seattle Times, wrote this Mr. FRIST. Mr. President, I ask who became so immersed in his work, week: unanimous consent that the order for spending the entire day with the If we don’t care about Paul, we don’t care the quorum call be rescinded. Pygmy people of the Congo, and then about the stories he writes. We don’t care The PRESIDING OFFICER. Without at night he would be off to his tent about the world and the people in its far- objection, it is so ordered. thest reaches and most desperate cir- and, by just a dim light, working on his f computer writing all night to bring to- cumstances. His work serves us all, to help gether all of his thoughts. us understand and feel. MORNING BUSINESS His subject, in this case for the Na- I would like to associate myself with Mr. FRIST. Mr. President, I ask tional Geographic, has been the geog- that quotation. unanimous consent that there now be a raphy, history, culture, environment, Paul Salopek is a journalist, a re- period of morning business, with Sen- wildlife, natural resources, religion, porter, and most fundamentally he is a ators permitted to speak therein for up landscape, and populace of the Sahel, a writer. He crossed a border without the to 10 minutes each. wide swath of land running from the correct paperwork, but he has spent his The PRESIDING OFFICER. Without Atlantic Ocean to the Horn of Africa. I writing career breaking down borders objection, it is so ordered. know when the piece is finally written that divide us in this world. f it will be well worth reading. I am hopeful the Government of The name ‘‘Sahel’’ comes from the Sudan will recognize the fact that al- REPORT 109–325 Arabic word for ‘‘border’’ or ‘‘margin.’’ though Paul did enter the country Mr. STEVENS. Mr. President, I ask And for many Americans, the Sahel is without a visa, which is a civil viola- unanimous consent to have a trans- undoubtedly on the margins of their tion, he did so as a writer, writing for mittal letter dated September 5, 2006 awareness. Paul Salopek’s article the National Geographic magazine. He printed in the RECORD. would have helped change that. Now he is not a spy. He did not come to this re- There being no objection, the mate- awaits trial in El Fasher, in the North gion of the world with any political rial was ordered to be printed in the Darfur region of Sudan. agenda. RECORD, as follows:

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00046 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17123 U.S. SENATE, side one of America’s biggest compa- STAFF SERGEANT JEFFREY J. HANSEN COMMITTEE ON INDIAN AFFAIRS, nies. Several interns have gone on to Mr. HAGEL. Mr. President, I rise to Washington, DC, September 5, 2006. earn permanent jobs with GM after express my sympathy over the loss of Hon. TED STEVENS, graduation. Nebraska Army National Guard SSG President Pro Tempore, U.S. Senate, Washington, DC. The Bowling Green Assembly Plant’s Jeffrey J. Hansen of Cairo, NE Staff DEAR MR. PRESIDENT: After two years of contribution to the local economy can- Sergeant Hansen died of injuries sus- investigation and five hearings, the Com- not be understated, either. Not only tained in a vehicle accident near Balad, mittee is pleased to transmit our bipartisan, does the plant provide jobs to Kentuck- Iraq on Sunday, August 27. He was 31 unanimous Final Report, 109–325, entitled ians and keep directing money into the years old. ‘‘GIMME FIVE’’—Investigation of Tribal local economy, the plant also offers Staff Sergeant Hansen was a 1993 Lobbying Matters. public tours, attracting over 50,000 graduate of Bertrand Community High Respectfully submitted, tourists to the area every year. School and graduated from the Univer- sity of Nebraska at Kearney in 1997. JOHN MCCAIN, Every Corvette built in Kentucky is Chairman. custom-built for an individual cus- Staff Sergeant Hansen lived in Cairo, BYRON DORGAN, tomer; the cars are not mass produced. NE, with his wife, Jennifer, and worked Vice Chairman. The employees of the Bowling Green as a police officer at the Department of f Assembly Plant are very proud of their Veterans Affairs’ medical facility in commitment to precision and high Grand Island, NE. TRIBUTE TO THE 25TH ANNIVER- quality. They have won more than 70 In January 2000, Staff Sergeant Han- SARY OF GM IN BOWLING automotive industry awards since 1997. sen enlisted with the Nebraska Army GREEN, KENTUCKY The Bowling Green Assembly Plant National Guard. He mobilized for a Mr. MCCONNELL. Mr. President, for will celebrate its 25 years in Kentucky tour of duty in Iraq on October 11, 2005 25 years the Chevrolet Corvette, known this September. Mr. President, I ask with the 1st Squadron, 167th Cavalry as America’s sports car, has been ex- my colleagues to join me in congratu- Regiment. Staff Sergeant Hansen clusively manufactured in the General lating the Kentuckians who make served in a unit comprised of approxi- Motors Bowling Green Assembly Plant America’s sports car for their dedica- mately 360 Nebraska Guard soldiers in Bowling Green, KY. I rise today to tion to achievement and success, both that were providing security for Camp celebrate Bowling Green as the ‘‘Home on the job and in their communities. Anaconda near Balad, Iraq. Staff Ser- of the Corvette.’’ We are very proud Kentucky is still reaping the rewards geant Hansen will be remembered as a that it is in the Commonwealth of Ken- of its 25-year partnership with GM, and loyal soldier who had a strong sense of tucky. we hope to continue to do so for years duty, honor and love of country. Thou- The Corvette looms large as one of to come. sands of brave Americans like Staff America’s most admired sports cars. Sergeant Hansen are currently serving Introduced in 1953, it was originally f in Iraq. produced elsewhere, but in 1981, Gen- HONORING OUR ARMED FORCES In addition to his wife, Staff Ser- eral Motors recognized Kentucky as geant Hansen is survived by his father, the growing, business-friendly environ- PRIVATE FIRST CLASS WILLIAM EDGERTON Robert, of Bertrand, Nebraska. Our ment it has become and decided Bowl- THORNE thoughts and prayers are with them at ing Green and the Corvette made a Mr. GRASSLEY. Mr. President, I rise this difficult time. America is proud of good match. The first Kentucky-built today to pay tribute to PFC William Staff Sergeant Hansen’s heroic service Corvette rolled off the assembly line on Edgerton Thorn who died honorably and mourns his loss. June 1, 1981. Thursday, August 24 at 8 a.m. in Bagh- I ask my colleagues to join me and The Bowling Green Assembly Plant dad at the age of 26. He was killed in all Americans in honoring Staff Ser- also produces the Cadillac XLR and Operation Iraqi Freedom after an im- geant Jeffrey J. Hansen. XLR–V in addition to three models of provised explosive devise detonated f the Corvette. Over 39,000 GM cars are near his vehicle. manufactured in Kentucky each year Given the opportunity to protect the BUDGET SCOREKEEPING REPORT and delivered to driving enthusiasts all people he loved and his strong belief in Mr. GREGG. Mr. President, I hereby over the world. Over the 21⁄2 decades, the cause, Willy, as he was known submit to the Senate the budget the Bowling Green Assembly Plant has among family and friends, fought scorekeeping report prepared by the undergone redesign and updating to in- proudly. Similarly, Corey, his wife, is Congressional Budget Office under Sec- corporate the latest technology. Re- serving her country in Iraq. The couple tion 308(b) and in aid of Section 311 of cently, the newest model, the Corvette was married on November 10, 2001 and the Congressional Budget Act of 1974, Z06, was launched and continues the enlisted in the Army in May of 2005. as amended. This report meets the re- success of the made-in-Kentucky Cor- While they realized the dangers and quirements for Senate scorekeeping of vette brand. hardships, they were willing to risk Section 5 of S. Con. Res. 32, the First The over 1,200 Kentuckians who work their lives for the freedom of others. Concurrent Resolution on the Budget at the Bowling Green Assembly Plant My thoughts and prayers are with for 1986. maintain a high standard of quality Corey Thorne at this difficult time, This report shows the effects of con- while also serving as vital contributors and I thank her for her service and tre- gressional action on the 2006 budget to their communities. Plant employees mendous sacrifice. through August 4, 2006. The estimates have generously donated their efforts Willy loved making children laugh, of budget authority, outlays, and reve- and resources to noble causes such as and he and his wife hoped to save nues are consistent with the technical the United Way, Junior Achievement, enough money to adopt a baby. His and economic assumptions of the 2006 the American Red Cross, D.A.R.E.— death is deeply mourned by his home- Concurrent Resolution on the Budget, Drug Abuse Resistance Education—the town, Rock Valley, and throughout the H. Con. Res. 95. Pursuant to section 402 Make-A-Wish Foundation, and various nation. Thus there is great truth in of that resolution, provisions des- local charities. what Willy’s mother-in-law, Deb Jas- ignated as emergency requirements are The plant and its workers also work per, said ‘‘A fallen soldier hits every- exempt from enforcement of the budget closely with Western Kentucky Univer- one because they have fallen for each resolution. As a result, the attached re- sity to sponsor grants and events. They and every one of us. What a sacrifice. port excludes these amounts. also offer 30 internships to WKU stu- What an honor.’’ We, the American The estimates show that current dents each year, giving young men and people, are forever indebted to Willy level spending is under the budget reso- women an invaluable opportunity to for his great strength and heroic sac- lution by $11.869 billion in budget au- learn about the business world from in- rifice. thority and by $4.030 billion in outlays

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00047 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17124 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 in 2006. Current level for revenues is TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CUR- $6.590 billion above the budget resolu- ING AND REVENUES FOR FISCAL YEAR 2006, AS OF RENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND tion in 2006. AUGUST 4, 2006—Continued REVENUES FOR FISCAL YEAR 2006, AS OF AUGUST 4, Since my last report dated July 11, [In billions of dollars] 2006—Continued 2006, Congress has cleared and the [In millions of dollars] Current President has signed the following acts Budget Current level over/ Budget 1 2 ¥ which have changed budget authority, resolution level under ( ) authority Outlays Revenues resolution outlays, or revenues for 2006: the Re- An act to provide turned Americans Protection Act of Social Security Revenues ...... 604.8 604.8 * funding authority 1 to facilitate the 2006 (P.L. 109–250) and an act to provide H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year evacuation of per- funding to facilitate the evacuation of 2006, assumed $50.0 billion in budget authority and $62.4 billion in outlays sons from Leb- in fiscal year 2006 from emergency supplemental appropriations. Such anon (P.L. 109– persons from Lebanon (P.L. 109–268). In emergency amounts are exempt from the enforcement of the budget resolu- 268) ...... 0 27 0 addition, the scoring for the Broadcast tion. Since current-level totals exclude the emergency requirements enacted in the previous session and the emergency requirements in Public Law 109– Total, enacted Decency Enforcement Act of 2005 was 176, Public Law 109–208, and Public Law 109–234 (see footnote 2 on Table this session: ... 1,166 1,196 ¥10,698 added to the report. 2), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supple- Entitlements and I ask unanimous consent to print the mental appropriations) for purposes of comparison. mandatories: 2 Current level is the estimated effect on revenue and spending of all leg- Difference between following information in the RECORD. islation that the Congress has enacted or sent to the President for his ap- enacted levels proval. In addition, full-year funding estimates under current law are in- and budget reso- There being no objection, the mate- cluded for entitlement and mandatory programs requiring annual appropria- lution estimates rial was ordered to be printed in the tions, even if the appropriations have not been made. for appropriated 3 ECORD Excludes administrative expenses of the Social Security Administration, entitlements and R , as follows: which are also off-budget, but are appropriated annually. other mandatory U.S. CONGRESS, * = Less than $50 million. programs ...... ¥68,740 879 n.a. Total Current CONGRESSIONAL BUDGET OFFICE, Source: Congressional Budget Office. Level 1234 ...... 2,082,515 2,094,966 1,596,482 Washington, DC, September 5, 2006. Total Budget Resolution 2,144,384 2,161,420 1,589,892 Hon. JUDD GREGG, Adjustment to budg- et resolution for Chairman, Committee on the Budget, TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CUR- emergency re- U.S. Senate, Washington, DC. RENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND quirements 4 ...... ¥50,000 ¥62,424 n.a. Adjusted Budget Reso- DEAR MR. CHAIRMAN: The enclosed tables REVENUES FOR FISCAL YEAR 2006, AS OF AUGUST 4, lution ...... 2,094,384 2,098,996 n.a. show the effects of Congressional action on 2006 Current Level Over Ad- the 2006 budget and are current through Au- justed Budget Reso- [In millions of dollars] lution ...... n.a. n.a. 6,590 gust 4, 2006. This report is submitted under Current Level Under Ad- section 308(b) and in aid of section 311 of the Budget justed Budget Reso- Congressional Budget Act, as amended. authority Outlays Revenues lution ...... 11,869 4,030 n.a. 1 The estimates of budget authority, out- Enacted in previous P.L. 109–171 was enacted early in this session of Congress, but is sessions: shown under ‘‘enacted in previous sessions’’ as requested by the Committee lays, and revenues are consistent with the on the Budget. Included in current-level totals for P.L. 109–171 are $980 technical and economic assumptions for fis- Revenues ...... n.a. n.a. 1,607,180 million in budget authority and ¥$4,847 million in outlays. cal year 2006 that underlie H. Con. Res. 95, Permanents and 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution other spending on the Budget for Fiscal Year 2006, provisions designated as emergency re- the Concurrent Resolution on the Budget for legislation 1 ...... 1,296,134 1,248,957 n.a. quirements are exempt from enforcement of the budget resolution. As a re- Fiscal Year 2006. Pursuant to section 402 of Appropriation legis- sult, the current-level totals exclude the following amounts: that resolution, provisions designated as lation ...... 1,333,823 1,323,802 n.a. ¥ ¥ emergency requirements are exempt from Offsetting receipts ... 479,868 479,868 n.a. Budget authority Outlays Revenues enforcement of the budget resolution. As a Total, enacted in result, the enclosed current level report ex- previous ses- Emergency require- cludes these amounts (see footnote 2 on sions: ...... 2,150,089 2,092,891 1,607,180 ments enacted in Enacted This Session: Table 2). previous session ...... 74,981 112,423 ¥7,111 Katrina Emergency Katrina Emergency As- Since my last letter dated July 10, 2006, the Assistance Act of sistance Act of 2006 2005 (P.L. 109– (P.L. 109–176) ...... ¥250 0 0 Congress has cleared and the President has 176) ...... 250 250 0 National Flood Insur- signed the following acts which have An act to make ance Enhanced Bor- changed budget authority, outlays, or reve- available funds rowing Authority Act included in the of 2006 (P.L. 109– nues: the Returned Americans Protection Deficit Reduction 208) ...... 2,275 2,275 0 Act of 2006 (Public Law 109–250); and an act Act for the Low- Emergency Supple- to provide funding to facilitate the evacu- income Energy As- mental Appropria- sistance Program tions Act for De- ation of persons from Lebanon (Public Law for 2006 (P.L. fense, the Global 109–268). 109–204) ...... 1,000 750 0 War on Terror, and Native American Cor- Hurricane Recovery, In addition, the scoring for the Broadcast rections Act of 2006 (P.L. 109–234) 94,541 24,184 0 Decency Enforcement Act of 2005 (Public 2006 (P.L. 109– Law 109–235) was added to the enclosed re- 221) ...... 23 23 3 Total, enacted emer- ¥ port. The act increases revenues in fiscal Tax Increase Preven- gency requirements 171,547 138,882 7,111 tion and Rec- year 2006 by $1 million. onciliation Act of 3 Excludes administrative expenses of the Social Security Administration, Sincerely, 2005 (P.L. 109– which are off-budget. ¥ 4 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year DONALD B. MARRON, 222) ...... 0 0 10,757 Heroes Earned Re- 2006, assumed $50,000 million in budget authority and $62,424 million in Acting Director tirement Opportu- outlays in fiscal year 2006 from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget Enclosure. nities Act (P.L. 109–227) ...... 0 0 ¥1 resolution. Since current-level totals exclude the emergency requirements en- acted in the previous session and the emergency requirements in Public Law Emergency Supple- 109–176, Public Law 109–208, and Public Law 109–234 (see footnote 2 mental Appropria- above) budget authority and outlay totals specified in the budget resolution TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- tions Act for De- have also been reduced (by the amounts assumed for emergency supple- fense, the Global mental appropriations) for purposes of comparison. ING AND REVENUES FOR FISCAL YEAR 2006, AS OF War on Terror, Notes: n.a. = not applicable; P.L. = Public Law. and Hurricane Re- Source: Congressional Budget Office. AUGUST 4, 2006 covery, 2006 (P.L. [In billions of dollars] 109–234) ...... ¥111 143 55 Broadcast Decency Current Enforcement Act f Budget Current level over/ of 2005 (P.L. resolution 1 level 2 under (¥) 109–235) ...... 0 0 1 NEXT STEPS IN LEBANON resolution Mine Improvement and New Emer- Mr. FEINGOLD. Mr. President, as the ON-BUDGET gency Response international community deploys an ¥ Act of 2006 (P.L. Budget Authority ...... 2,094.4 2,082.5 11.9 109–236) ...... 0 0 1 international peacekeeping force to Outlays ...... 2,099.0 2,095.0 ¥4.0 Revenues ...... 1,589.9 1,596.5 6.6 Returned Americans southern Lebanon and as Lebanon and Protection Act of OFF-BUDGET 2006 (P.L. 109– Israel begin rebuilding after the recent Social Security Outlays 3 ...... 416.0 416.0 0 250) ...... 4 3 0 conflict, it has become clear that a

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00048 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17125 long-term solution to this conflict will for the Government, its institutions, the international community, led by not come about unless the Lebanese and its role in Lebanese society. In ad- the United States, helps create the Government is strengthened and has dition, and as experts have suggested conditions within which the Lebanese the ability and the will to improve the in recent weeks, sufficient—and signifi- Government can do its job. daily lives of its citizens—thereby cant—attention needs to be given to f eliminating the conditions that have enhancing the ability of the Lebanese AFRICAN UNION allowed Hezbollah to exploit and ex- military and police forces to do their pand its influence throughout the jobs. The military and police forces Mr. FEINGOLD. Mr. President, the country. Israel’s security depends on need outside help. They need training, African Union is essential to the polit- it, and a lasting peace throughout the equipment, and supplies if they are ical and economic development of Afri- region won’t occur without it. going to be able to project the author- ca’s diverse community of States. It While it is still fragile, the cessation ity of the central Government in a pro- has become clear that the AU rep- of hostilities presents an opportunity fessional way. Lebanon’s democratic resents a real commitment by its mem- for the Lebanese people, with support institutions need help; so, too, do civil bers to establishing a forum for polit- from the international community, to society groups and private enterprises ical dialogue and to address the chal- eliminate terrorism and to cast off the that can provide services to the Leba- lenges and seize opportunities that are detrimental influence that Iran and nese people quickly and that can in- arising throughout the continent. Syria have had throughout their coun- crease demand for functioning, respon- The AU plays three very specific try for years. It is also an opportunity sive, and transparent democratic insti- roles that I will highlight as we con- to address the significant threats that tutions. Without this support for the sider the nomination of the United have plagued Israel for decades. army and police, stability will be elu- States’ first ambassador and as we Still, my optimism is guarded. Unless sive, and Israel will have every right to renew our efforts to strengthen our re- the deployment of a U.N. force to pa- remain nervous about the role that lationship with the AU. trol southern Lebanon is part of a Hezbollah will play in southern Leb- The AU is primed to serve as the pri- broader international effort to root out anon and about the influence that Iran mary forum for establishing peace and Hezbollah and address the underlying and Syria will have throughout the preventing conflict throughout the causes of the conflict, we cannot expect country. continent. I applaud the efforts of the Israel to feel more secure than it did Finally, the U.S. Government must leaders of the AU to establish a true prior to Hezbollah’s recent aggressions, devote greater attention and resources capacity to prevent and end conflict nor can we expect that any broader, to this issue. We have already seen the that has devastated many parts of the long-term peace process will be pur- results of this administration’s passive continent for too long. The creation of sued. Israel has every right to remain approach: hesitant international part- the Peace and Security Council, PSC, wary of the current international ef- ners, lagging reconstruction efforts, within the AU is particularly valuable, fort unless its security concerns are ad- and a shaky framework for ensuring and I hope this organ within the AU de- dressed and Lebanon can become a per- that Israel’s security concerns are ad- velops sufficient capacity to deal with manent—and capable—partner in es- dressed. If we are to contribute posi- the full range of conflict throughout tablishing long-term peace in the re- tively to a sustainable ceasefire and to the continent. It is essential that the gion. setting the conditions within which PSC complete its work in developing a One of the most important elements Israel and Lebanon can become secure, series of early warning systems and in- of establishing peace is initiating re- a senior U.S. envoy must be deployed dicators so that it can be effective in construction efforts throughout south- to help manage the implementation of preventing conflict. It also must de- ern Lebanon immediately. Unfortu- U.N. Resolution 1701, assist with donor velop a real capacity to respond to con- nately, the Lebanese Government—and reconstruction efforts, build support flict should one occur. The Panel of the thus the international community—is for the Lebanese Government, influ- Wise, too, is an important source of already losing to Hezbollah in the race ence important regional actors, and moral authority and opportunity for to show legitimacy and strength. It is begin setting the conditions for a tran- prominent African leaders to engage in an ominous sign that Hezbollah is sition to a broader peace process country-specific conflicts without sac- ahead of Lebanese and internationally throughout the region that will bring rificing neutrality or threatening the led reconstruction efforts and has been an end to this violence and instability. sovereignty of a nation. responsive to local needs. This is in One of the most pressing and impor- As we have learned from recent years contrast to an international donor tant tasks for a U.S. envoy will be in places such as Sudan and Somalia, it community that has yet to establish working with the international com- is critical that there be a way to iden- the mechanisms and partnerships on munity to end the pernicious influence tify, understand, and respond to the the ground to get reconstruction ef- that Iran and Syria continue to exert conditions that breed instability. The forts moving. In addition, the Lebanese over Lebanon. Until that influence is United States should support this con- Government is looking weak and out of ended and the Lebanese people are al- flict prevention and resolution capac- touch, struggling to develop coordi- lowed to assert their own sovereignty, ity and work closely with the AU to nated strategies for reconstruction and the prospects for a long-term peace identify weaknesses or shortfalls that security. If this continues, it will have will be shaky at best. exist in maximizing the AU’s ability to very real security implications for Mr. President, we have an oppor- fulfill these important functions. Israel, Lebanon, and the region, and tunity to eliminate a terrorist organi- The United States must also support will make the work of the U.N. force zation that has terrorized Israel for too the AU’s efforts to establish an African relatively useless. This is not in the in- long. It has exploited a weak Lebanese Standby Force that can participate in terest of Israel, Lebanon, or the inter- Government and has used the fac¸ade of peace operations, intervention, and national community. public service and charity work to buy conflict monitoring. The AU and its Mr. President, as troop-contributing favor amongst the people of southern members have proven a willingness and nations begin their deployments to Lebanon. Efforts now must be focused commitment to contributing military support the U.N. force, an equal on helping to create the conditions forces to AU-flagged missions through- amount of attention needs to be paid to within which the Lebanese Govern- out the continent. AU forces are oper- longer term efforts to bolster the Leba- ment can build the legitimacy and ca- ational in Darfur and in Burundi and nese Government’s capacity to deliver pacity it will need to establish peace have proven that they are willing to services and to kick-start the Lebanese within its borders. This will make take on challenging assignments in economy. As I mentioned, coordi- Israel safer and will contribute to nonpermissive environments. Unfortu- nated—and rapid—reconstruction ef- longer term peace efforts throughout nately, the AU still does not have the forts will help. But so, too, will support the region. That won’t happen unless capacity to fully implement the vision

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00049 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17126 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 for the African Standby Force, nor to deepest sympathies and condolences to of comprehensive pension reform. This effectively complete its mission in the families and friends of those who legislation is the product of their tire- Darfur. The United States should assist died and to those who were injured. We less work on behalf of our Nation’s the AU in developing a professional, de- continue to mourn their loss. Their workers and retirees. ployment-ready standby force that can memories will remain eternal. And we In particular, I would like to express respond to conflict and that can par- pray for strength for those who are my appreciation to the conferees in the ticipate in interventions to establish still suffering. Senate and the House for undertaking peace in areas already facing conflict. At this time, I also want to express the difficult work of negotiating a We must continue our efforts to help my heartfelt sympathy for another compromise between the two Cham- African militaries develop their capac- great loss in the Foreign Service fam- bers’ bills. It is a challenge to reconcile ity, while also urging the importance ily, the matriarch of America’s dip- legislation on such a complex set of re- of the respect for human rights, civil- lomats, Ambassador Mary Ryan. I, as forms, and it is an enormous credit to ian leadership, and fighting corruption. well as all those who knew her, was the hard work of the conferees—and Finally, the AU is playing an increas- deeply saddened to hear of Mary’s pass- their staffs—that we were in a position ingly important role in defeating ter- ing on April 25. to act on this important piece of legis- rorist networks throughout the African During my days with the House For- lation. continent. As terrorist networks ex- eign Affairs Committee, Mary and I The protection of the retirement se- ploit undergoverned or unstable areas worked closely together in response to curity of workers and their families is throughout Africa, the AU can play an the 1993 World Trade Center bombings one of my highest priorities as a Sen- important role in helping member by aggressively introducing technology ator. The promise of a pension is one of States develop internal capacity to de- data systems, such as the TIPOFF the central tenets of the compact be- feat the conditions that allow terror- lookout system, and strengthening tween an employer and an employee ists to take root. The AU also can interagency information sharing to and one of the essential components of strengthen member-State networks to identify potential terrorists as they ap- the American dream. It is incumbent share information, best practices, and plied for visas to our great Nation. In on our businesses and on our Nation to even capacity as it relates to under- the aftermath of the August 7 bomb- make good on that promise. So many standing, and ultimately defeating, ings in Kenya and Tanzania, and then of my constituents in New York, like terrorist networks. The African Center after 9/11, our paths crossed again, as millions of other Americans through- for the Study and Research on Ter- we, together, tackled the visa and bor- out the Nation, work their entire lives rorism, ACSRT, a joint AU Commis- der security challenges of our day. to secure the right to pension benefits sion/PSC structure, was launched in Mary’s dedication to and love for her when they retire, and they come to de- 2004 but lacks sufficient capacity to nation was always very evident during pend on those benefits to provide finan- carry out its broad mission. It is a good these trying times. cial security for them and their loved first step, but it will need assistance As the longest-serving diplomat at ones through retirement. from the United States, the European the time of her departure from the Unfortunately, the private pension Union, and other members of the inter- State Department, Mary served 36 system in America is badly in need of national community. Establishing this years in her distinguished public serv- repair. More and more companies are capacity must also be a priority for the ice career. Mary entered the Foreign terminating the defined benefit plans AU’s member states. Service in 1966 serving in Naples, that serve as a dependable source of re- There are a range of other challenges Tegucigalpa, Monterrey, Washington, tirement income for tens of millions of facing the AU, and there is no doubt a Abidjan, and Khartoum before being workers throughout the country. long list of priorities to be addressed. appointed ambassador to Swaziland in Workers in terminated plans often find And while the United States has and 1988. In 1993, she became the Assistant their pension benefits slashed, and the will continue to support a range of AU Secretary of State for Consular Affairs consequences for these workers are all efforts, it is essential that the U.S. and in 1999 she was named career am- too real, including postponed retire- Government structure its assistance to bassador, only the second woman to ment, additional jobs, and tighter the AU to help empower it as an orga- hold the rank in the history of the budgets. nization, support its priorities, and State Department. Liability for these pension plans is help to develop an internal capacity to A mentor to generations in the For- shifted to the Pension Benefit Guar- plan for its growth and role in the com- eign Service, particularly women, anty Corporation, which insures de- ing years. I hope that the fact that we Mary Ryan was truly an outstanding fined benefit plans but is now $22 bil- are sending our first ambassador to the American diplomat and public servant. lion in debt and itself could require a AU will represent a heightened level of Mary donated much of her time to taxpayer bailout if more companies engagement with the AU and a renewed those in need, extending a uniquely abandon their plans. And in fact, many commitment to helping the AU, its kind, generous and warm spirit that more companies’ defined benefit plans member states, and the people of the will be missed by all. are on the brink of insolvency—defined African continent address the chal- The Nation owes a deep debt of grati- benefit plans insured by the PBGC are lenges of the 21st century. tude to these fine men and women who underfunded by roughly $450 billion, in- f serve our Nation’s interests overseas cluding almost $100 billion for defaults and their families. And I want to thank it calls reasonably possible. I meet FOREIGN SERVICE FAMILY them for their public service and dedi- often with New Yorkers who are deeply LOSSES cation to our fine Nation. anxious that they will never see the Ms. SNOWE. Mr. President, Monday, f pension benefits they worked so hard August 7, was the eighth anniversary of to earn. the bombings of our Embassies in PENSION PROTECTION ACT OF 2006 The Pension Protection Act makes Nairobi and Dar es Salaam of August 7, Mrs. CLINTON. Mr. President, I great strides toward restoring the 1998. On that dreadful day, the lives of would like to begin by commending great promise of the private pension 12 Americans, 11 Tanzanians, and 212 Senate Health, Education, Labor and system for workers in New York and Kenyans were tragically taken; more Pensions Committee Chairman ENZI, throughout the Nation. Among the im- than 4,000 injured. The names of 56 Senate HELP Committee Ranking portant reforms in this bill are provi- killed U.S. Government employees— Member KENNEDY, and the rest of my sions that: require companies to fully Americans, Kenyans, and Tanzanians— colleagues on the HELP Committee fund their single-employer defined ben- are memorialized on a plaque on a wall and the Senate Finance Committee for efit plans; provide incentives for com- in the State Department. I want to their commitment to working on a bi- panies to contribute more money to take this opportunity to extend my partisan basis toward the shared goal their pension plans during good years;

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00050 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17127 strengthen the multiemployer pension a certain measure of compromise on county payments law, which provides a system; improve the pensions of public the part of all of the stakeholders, I am stable revenue source for education, safety officers; allow Reserve and Na- concerned that these provisions could roads, and other county services in tional Guard members to draw on their exact an unintentional and unneces- rural areas, is due to expire at the end retirement savings without penalty sarily harsh toll on employees in cer- of this year. In early 2005, I cospon- when they serve our country in active tain industries. I will be monitoring sored a bipartisan bill, S. 267, to reau- duty; and take important steps toward the impact of the bill closely, and I thorize county payments for another 7 restoring the solvency of the PBGC. will work with my colleagues to cor- years. In February, the administration The Pension Protection Act also con- rect the situation should this occur. proposed reauthorizing the law for only tains provisions that aim to protect Finally, while the bill protects the pen- 5 years, while cutting funding by 60 the retirement security of workers as sions of many of the thousands of air- percent, and funding that reduced por- more employers transition from de- line employees who live and work in tion with a controversial Federal land fined benefit pensions to 401(k)s and New York, we must continue to find sale scheme. new hybrid plans. The legislation will ways to assist other distressed compa- During the August recess, the admin- clarify the legality of these hybrid nies in taking the steps necessary to istration agreed to work with us to plans on a prospective basis, and pro- preserve the pension plans of their em- find a mutually acceptable solution to hibit the ‘‘wear-away’’ of the benefits ployees. fully fund county payments for another of older employees under these plans. And indeed, we should not regard this year. On August 7, 2006, I received a let- The legislation will encourage the use bill as an excuse to rest on our laurels. ter from Mr. Mark Rey, Under Sec- of automatic enrollment for 401(k)s and Our work on behalf of workers and retary for the U.S. Department of Agri- other defined contribution plans. And their families is only beginning. We culture, in which the administration the legislation will prohibit employers need even more Congressional action to committed to work with me, and my from requiring employees to keep their pursue public and private ways of ad- colleagues Senator SMITH and Senator retirement savings in company stock, a dressing the retirement security of CRAIG, to reauthorize the program for practice that magnified the harmful workers in New York and throughout the coming year, through a mutually impact of the Enron and other cor- America: portable retirement accounts acceptable funding source. This is not a porate scandals on employees. for workers with even stronger incen- long-term solution, but it will address Finally, in light of the low personal tives to save, offering real health care the needs of hundreds of communities savings rate in this country, it was vi- options to retirees and workers; and for the short term. Because of the com- tally important that the bill included protecting Social Security for our sen- mitment of the administration to work tax incentives for savings. I am par- iors. with me, and my colleagues Senator ticularly happy that the bill makes Workers and their families are count- SMITH and Senator CRAIG, to reach a permanent the Saver’s Credit, which ing on their employers to keep their solution, I will no longer object to any helps middle- and low-income families pension promises. The Pension Protec- unanimous consent request for the save for their retirement. Making the tion Act will help employers to do so, Senate to take up the nominations of credit permanent was one of the re- while strengthening the defined benefit John Ray Correll, Mark Myers, and forms that I and some of my colleagues system, protecting the PBGC, and en- David Bernhardt. I will, however, con- call for in the American Dream Initia- couraging private savings. This bill is tinue to look for the agreed upon fund- tive. These are smart and common- an important step toward the goal of ing solution to be proposed from the sense reforms that will offer clarity restoring retirement security for work- administration, while looking toward a and certainty in the retirement plan- ing men and women. For these reasons, future long-term solution. ning of the millions of New Yorkers I applaud the Senate for passing this I ask unanimous consent that a copy and the 65 million Americans esti- important piece of legislation, and I of this statement along with Mr. Rey’s mated to participate in 401(k) and de- call on the President to sign it prompt- letter be printed in the CONGRESSIONAL fined contribution plans. ly. I look forward to working my col- RECORD. I also commend the conference on leagues on further measures to enhance There being no objection, the mate- making a number of improvements to the defined benefit system and increase rial was ordered to be printed in the the Senate bill that was passed last retirement savings for workers in New RECORD, as follows: year. For one, the new bill is wise to York and throughout the Nation. DEPARTMENT OF AGRICULTURE, drop a provision that would have f OFFICE OF THE SECRETARY, looked to the credit rating of a com- Washington, DC, August 7, 2006. pany to determine whether it is at risk LIFTING OF HOLDS Hon. RON WYDEN, for plan default and therefore must Mr. WYDEN. Mr. President, in Au- U.S. Senate, make accelerated contributions into gust, I announced my intention to ob- Washington, DC. its plan. That approach would have ject to any unanimous consent request Hon. LARRY E. CRAIG, for the Senate to take up the nomina- U.S. Senate, made it far more difficult for a com- Washington, DC. pany to preserve a plan during a period tions of John Ray Correll to be Direc- Hon. GORDON SMITH, of financial distress, a result that is tor of the Office of Surface Mining, In- U.S. Senate, undesirable for the company, its em- terior Department, and Mark Myers to Washington, DC. ployees, and the American taxpayer. be Director of the U.S. Geological DEAR SENATORS: Like you, the U.S. Depart- Likewise, the legislation increases the Services, Interior Department. Pre- ment of Agriculture recognizes the impor- ‘‘smoothing’’ period for the calculation viously, in May, I also placed a hold on tance of the Secure Rural Schools and Com- of assets and liabilities from what was David Bernhardt, the administration’s munity Self Determination Act. We are com- mitted to working with you to reauthorize in the Senate bill, a change that will nominee to be Interior Solicitor. I also the program this year. improve the predictability of pension objected to any unanimous consent to Acknowledging the difficulty in a multi- payments and make it easier for em- keep these nominees on the calendar year reauthorization of this program prior to ployers to keep their pension promises. during the August recess. Instead, I the September 30, 2006, expiration of the pro- The legislation is not without its asked that these nominations be re- gram’s authority, we commit to working flaws. The legislation walks back sev- turned to the White House. I did so be- with you to enact a one year extension of the eral of the provisions in various areas cause, despite several requests, I had program, at full funding levels, and finding of the Senate bill that provided impor- received no assurance from the admin- mutually acceptable offsets. We understand from our discussions that time does not per- tant protections for workers. My istration that the needs of people in mit the enactment of our proposed land sales strong preference was to see the costs more than 700 rural counties in over 40 offset as free standing legislation; as such, in the legislation offset. Also, while States would be adequately addressed this would not be an offset option for the one funding provisions in the bill required by fully funded county payments. The year extension.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00051 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17128 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 We appreciate your leadership on this issue ample. Never one to seek the spotlight, the cruel ravages of time. But through it all and look forward to continuing working with Bob remained dedicated to the working and despite it all, those clasped hands are a you. families, the poor, the elderly, and oth- reminder of what is noblest in our lives and Sincerely, ers who cannot afford to buy a voice in in our legacy. The poet Philip Larkin put it MARK REY, beautifully in the final line of his meditation Under Secretary, Washington and who instead rely on on the Arundel tomb when he wrote: ‘‘What Natural Resources and the Environment. their elected officials to look out for will survive of us is love.’’ f them in the corridors of power. The Those words sprang to my mind on Monday quality and caliber of this leadership after I had talked on the phone with Barbara CONGRESSMAN ROBERT GIAIMO will be missed and continues to inspire about the shining love her parents shared. Mr. DODD. Mr. President, I rise those of us who knew him and who Robert and Marion were married here at today to pay tribute to a former col- serve in public life. Saint Barnabas sixty-one years ago. Sadly, league and dear friend, Robert Giaimo, My wife Jackie and I offer our deep- poor health prevents Marion from being here who passed away on May 24 of this est condolences to his wife Marion, his with us this morning for this Mass of Chris- year. He served the people of Con- daughter Barbara, and his grand- tian Burial. necticut and the United States as a daughter Tracey. They have lost a be- But in fact every celebration of the Eucha- Member of the House of Representa- loved member of their family. And the rist reminds us that nothing can truly sepa- rate us from our love of the Lord or our love tives for more than 20 years, and I want people of Connecticut and our Nation of each other. Not miles or years or even to speak to my colleagues today about have lost a dedicated public servant death! Love is always present tense, and love the life and legacy of this dedicated and an exceptional man. never comes to an end!! public servant. I was honored to attend Representa- Clearly, what God asks of us is not just Bob Giaimo was born in North Haven, tive Giaimo’s memorial service on theoretical love, love-in-the-abstract. Not at CT on October 19, 1919, son of the late June 1, and found the eulogy, delivered all! God challenges you and me to flesh out Rose and Rosario Giaimo. He attended by Reverend Hugh MacDonald, to be our love in acts of living prayer and lives of North Haven public schools, and grad- particularly moving. I ask unanimous authentic service. Unless our hands are uated from Fordham University before consent that the text of the eulogy be clasped in love, nothing else really matters. receiving his law degree from the Uni- printed in the RECORD. Robert Giaimo understood that challenge, and he lived that faith with sincerity and versity of Connecticut in 1943. During EULOGY: ROBERT GIAIMO simple conviction. Harry Truman (God bless World War II, Bob served as a commis- (Reverend Hugh MacDonald, June 1, 2006) sioned officer in the United States him!) once said that the politicians of his era The great cathedrals of Europe are a glo- used to pour God over everything—like Army. When he returned, he served as rious part of our Christian heritage—tow- ketchup! (By the way, I don’t know what the chairman of the State of Con- ering testimonials to an Age of Faith. But President Truman would have to say about necticut Personnel Appeals Board, as a anyone who now visits these sublime build- the current level of religiosity in our polit- member of the North Haven Board of ings soon realizes that they also have a his- ical discourse, but I for one would dearly Education, North Haven Board of Fi- tory as cemeteries for the celebrated. love to hear it!!!) nance, and as third selectman of the Whether interred in the basement crypts But Bob Giaimo’s faith was never showy or town of North Haven. or encased in magnificent tombs scattered self-congratulatory. He didn’t preach ser- Bob Giaimo’s public service cul- around the sanctuary and aisles, the famous mons, he just served people. dead almost vie for attention with our living minated with his tenure in the House worship. This was a man who regularly walked the of Representatives. Elected in 1958, My personal favorite among cathedral corridors of power, but never forgot his Congressman Giaimo represented Con- tombs is in the Cathedral of Saint Richard in roots, his heritage, his humanity. His tow- necticut’s third congressional district the city of Chichester on the southern coast ering stature made him an imposing pres- until his retirement in 1980. During his of England. In the north aisle of that elegant ence, but his genuine humility made him a eleven terms in office, Representative church is a massive stone sepulcher con- caring person and a lasting friend. And, of taining the remains of the fourteenth-cen- course, a deeply devoted husband, father, and Giaimo served as a member of the grandfather. House Education and Labor Committee tury Earl of Arundel and his countess. Side by side, atop the monument, lie their carved The pulpit is not a place to assess his polit- between 1959 and 1963, and went on to stone likenesses. ical achievements, but I can’t resist a heart- serve on the House Appropriations A famous warrior, he is clad in medieval felt ‘‘Thank you!’’ to the man who was so in- Committee. When the House Com- armor, and his feet rest up on a lion—the fluential in creating the National Endow- mittee on the Budget was established symbol of bravery. On his right, his wife is ment for the Arts and Humanities. He firmly in 1974, Representative Giaimo was shown in nun-like robes, her feet resting on believed that the arts not only enrich our elected to serve as a member, and was a small dog—symbol of fidelity. lives but actually instruct us how to live. elected chairman of that committee in Purely as sculpture, the Arundel tomb is (That’s one of the reasons I began this eu- 1979. He was the first Connecticut Dem- not all that impressive, and six centuries logy with that Arundel anecdote.) have blurred the once precise details of the Our brother has now passed beyond our ocrat and the first Connecticut Mem- carved faces. But what finally rivets your at- ber of Congress since 1931 to chair a sight but not at all beyond our reach. He is tention is their hands! The universal custom quite literally only a prayer away. And on congressional committee. in pious monument-sculpture is for the each day of our continuing journey of faith, One of Congressman Giaimo’s great- hands to be stiffly folded on the chest, point- he will continue through the power of his est legislative achievements was un- ing heavenward in a gesture of everlasting prayer to reach into our lives: to touch us, to doubtedly his 1965 sponsorship of the prayer. lead us, to help us. Because, for Robert bill that created the National Endow- Not so with the Arundels! His left arm lies Giaimo it has always been quite personal! at his side, and in that left hand he holds the ment for the Arts and the National En- And isn’t that precisely the point Jesus is empty glove (or gauntlet) for his right hand. dowment for the Humanities, separate making in today’s gospel selection? Notice So, immediately your eyes seek out that the Lord did not say to His anxious Apostle: grant-making agencies that support right hand. His right arm is also relaxed at ‘‘Thomas, I will show you the way, I will our nation’s painters, sculptors, writ- his side, and the hand is thus concealed by teach you the truth, I will give you life.’’ No: ers, poets, and historians, among oth- the overlapping folds of the countess’s robe it’s absolutely personal. ‘‘Thomas, I AM the ers. His dedication to this legislation as she lies beside him. But if you go to the Way and the Truth and the Life.’’ has made an enormous contribution to foot of the monument and stoop down a bit, America’s cultural heritage. you can discover their touching secret. No one was ever saved by words or rituals, When I was elected to Congress in Under the carved armor and the pleated by laws or creeds. We are saved by the pow- dress, their hands are clasped in tender love! erful Person of the Lord, and we show our ac- 1975, Bob was already a senior member ceptance of that great gift by cherishing all of the House. But he very graciously I find that detail enormously moving. We know almost nothing now about the once fa- the precious people who share our journey. took an interest in showing this new- mous exploits of this heroic earl and nothing So, when all is said and done, Bob Giaimo’s comer the ways of that institution. whatsoever about his wife. And in the cathe- gift to us was not a legacy of laws but of lov- With me, as with all who knew him, dral that houses their bones, the centuries ing service. Power passes, and fame is fleet- Bob was a public figure who led by ex- have witnessed violent religious wars and ing. ‘‘What will survive of us is love.’’

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00052 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17129 ADDITIONAL STATEMENTS must go beyond achieving academic Hochsprung, died suddenly. He had en- success; it must also provide a nur- joyed spending time with his family, turing environment where students can teaching at the middle school for 31 PAYNESVILLE AREA SCHOOL DIS- develop the knowledge, skills, and atti- years in language arts, EBD, and social TRICT, PAYNESVILLE, MIN- tudes for success throughout life. All of studies, hunting, fishing, camping, NESOTA the faculty, staff, and students at the cooking, watching his children play ∑ Mr. DAYTON. Mr. President, today I Paynesville Area School District sports, announcing wrestling matches, honor the Paynesville Area School Dis- should be very proud of their accom- listening to all kinds of music, and trict, in Paynesville, MN, which re- plishments. reading history. He was a compas- cently earned an Award for Excellence I congratulate the Paynesville Area sionate person, a motivator, and a lov- in Education for its exceptional and in- School District in Paynesville for win- ing husband, father, and loyal friend. novative achievements in educating ning the Award for Excellence in Edu- The Little Falls community will re- children. cation and for its exceptional contribu- member Lee for his stories, jokes, The Paynesville Area School District tions to education in Minnesota.∑ great teaching skills, fabulous coach- is truly a model of educational success. f ing ability, gift for connecting with The district administrators, teachers, students and parents, capacity for fun, LITTLE FALLS COMMUNITY MID- staff, and parents have remained fo- and love for all children, especially for DLE SCHOOL, LITTLE FALLS, cused on the District’s mission: ‘‘Suc- his own children, Laura, Paul, Phil, MINNESOTA cess for Everyone Through Quality and Katie, and his wife Julie. Learning.’’ ∑ Mr. DAYTON. Mr. President, today I Much of the credit for Little Falls The commitment of the entire com- honor Little Falls Community Middle Community Middle School’s success munity to the education of its children School, in Little Falls, MN, which re- belongs to its principal, Dr. Maxine has earned the Paynesville Area School cently earned an Award for Excellence Strege, and the dedicated teachers. The District’s high school a five-star rating in Education for its exceptional and in- students and staff at Little Falls Com- in both math and reading, one of only novative achievements in educating munity Middle School understand that seven percent of schools in the State children. in order to be successful, a school must that can make that claim. The elemen- Little Falls Community Middle go beyond achieving academic success; tary school also earned a five-star rat- School is truly a model of educational it must also provide a nurturing envi- ing in reading. Paynesville is very success. Every year since 1997, its Lan- ronment where students can develop proud of the fact that it is the only dis- guage Arts Department has invited the knowledge, skills, and attitudes for trict in greater Minnesota that has five well-known authors to work with the success throughout life. All of the fac- stars in reading for both its elementary students to help develop their writing ulty, staff, and students at Little Falls and high schools. skills. Students are assigned before- Community Middle School should be Paynesville, a rural community, con- hand to read one or more of each au- very proud of their accomplishments. tinually seeks new ideas to remain thor’s books. This approach to teach- I congratulate Little Falls Commu- competitive in a progressive society ing both an appreciation of reading and nity Middle School in Little Falls for while cherishing local history and tra- improved writing skills works very winning the Award for Excellence in dition. Along with the fundamentals of well in a middle school setting. Education and for its exceptional con- reading, writing, and mathematics, the This year, Will Weaver was invited to tributions to education in Minnesota.∑ district also emphasizes respect as a work with the students. Some other f basic value. authors who have participated are Will The Paynesville Area School District Durbin, Patricia Calvert, and Earl JOHNSVILLE ELEMENTARY offers a number of innovative pro- Fleck. The author spends 2 days teach- SCHOOL grams, including full-day kindergarten ing techniques for writing stories that ∑ Mr. DAYTON. Mr. President, today I for everyone; children in kindergarten allow the reader to ‘‘feel’’ what is hap- honor Johnsville Elementary School, and first grade are grouped by ability; pening. The authors discuss their fa- in Blaine, MN, which recently earned teachers in grades 2 and 3 remain with vorite books, how they came up with an Award for Excellence in Education the same teacher for 2 years in a row; the ideas for their books, how long it for its exceptional and innovative parents can view children’s grades takes to write a chapter, and how they achievements in educating children. through the district’s Web site; and were able to get their first books pub- Johnsville Elementary School is College in the Classroom courses are lished. Students come away from the truly a model of educational success. available for fundamentals of college experience believing that they, too, can The school has developed a wide vari- writing, rhetoric, and introduction to become good writers. ety of programs to meet the learning literature, allowing students to earn Another program unique to the needs of all children. Unlike many ele- college credit in these subjects. school is its annual Water Festival, mentary schools, which offer only The Paynesville Area School District which allows sixth-graders to travel three or four break-out curricula, also offers a wide variety of cocur- each year to nearby Camp Ripley for Johnsville has built art, music, library, ricular activities, including: an award- hands-on experience learning about the technology, and physical education winning Future Farmers of America significance of water in our environ- into the school-day curriculum. A tal- Program, a Future Leaders of America ment. The festival offers children an ent development program provides en- Program, and a Business Professionals opportunity to discover how important richment reading, math, creative writ- of America Program. The middle water is in their lives and how we our- ing, and science for the more advanced school band has been rated ‘‘Best selves affect water, positively or nega- learners. A targeted services program Young Band,’’ and the high school tively. They learn about water purifi- offers extended-day instruction in read- choir performed at candlelight proces- cation techniques, invertebrates that ing and math for pupils who are strug- sionals at Disney’s Epcot Center in 2000 live in the water, wetland habitat, the gling. and 2004. history of the Mississippi River, and At Johnsville, those kindergarten Much of the credit for the Paynes- the characteristics of a watershed. The children who have already begun to ville Area Public School’s success be- school makes use of National Guard read and write can participate in an ad- longs to its superintendent, Mr. Todd staff, Department of Natural Resources vanced reader program. In addition, for Burlingame, and the district’s dedi- Specialists, and representatives from 2 consecutive years, a Johnsville kin- cated principals, teachers, and staff. the Science Museum of Minnesota. dergartner has won the Anoka Hen- The students and staff at the Paynes- This year, Little Falls Community nepin District’s Anti-Bullying Kinder- ville Area School District understand Middle School suffered a tremendous garten Poster Contest. This year’s win- that, in order to be successful, a school loss when one of its teachers, Mr. Lee ner was Jake Taylor.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00053 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17130 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 The school is also very proud of its participate in enrichment learning ac- tional and innovative achievements in choir programs, including an honors tivities. educating children. choir program, and its Fine Arts Fes- Saint Anthony Middle School has Saint Anthony Village High School is tival, where everyone displays at least also developed curricula and teaching truly a model of educational success. one project. techniques to meet the needs of strug- The high school aims to establish a The Anoka-Hennepin School District gling learners as well as advanced stu- ‘‘preferred, small, caring educational has also established a teacher with out- dents. Children who need greater sup- community creatively meeting indi- standing performance, TOP, recogni- port are given additional study time vidual learners’ needs.’’ tion program so that parents can nomi- and assistance from paraprofessionals The Saint Anthony Village High nate deserving teachers. Seven of and high school tutors. Advanced stu- School’s success can be attributed to Johnsville’s teachers have received the dents participate in special courses de- the relatively small number of stu- award. signed to move at a faster pace. The dents enrolled, the dedicated teachers Parents’ support for the school is re- Connections Course, developed by the and staff, and the strong community flected in the 98 percent parent partici- social studies teachers and language support. The high school and middle pation rate in parent-teacher con- arts teachers, offers an advanced-level school share the same building, hence ferences. Johnsville also provides op- course integrating both subjects. the innovative Tutors R Us Program portunities to involve parents in all as- Recognizing that positive connec- has allowed high-achieving older stu- pects of the school day. tions with middle school students are dents to help tutor middle school stu- In the spirit of community service, essential, teachers and staff work con- dents who need more individualized at- this year Johnsville participated in a stantly to improve the educational ex- tention. special fund-raiser for people affected perience. Teachers, who often go to Teachers at Saint Anthony Village by Hurricane Katrina, raising $2,700 for great lengths to be sure that all stu- High School genuinely care for their St. John’s School in Louisiana. dents are connecting with the cur- students and hold them accountable for Johnsville’s principal, Mr. Patrick riculum, helped the eighth-graders cre- high academic standards. When Maggie Murray, was recently recognized with a ate a Colonial Day, on which commu- Horan, a recent graduate, and senior division leadership award from the nity members facilitate workshops to Dede Sirleaf were asked about their Minnesota Elementary School Prin- help students to understand firsthand teachers, they responded by citing cipals’ Association. what it was like to live during colonial their experience with Mr. Olszanski, In 2005, the school received a three- times. Among other things, students their math teacher: star rating in math and a four-star rat- created cornhusk dolls, wove baskets, He takes the time to explain things. If you ing in reading. This is an improvement dressed in colonial attire, and ignited a don’t get it, he will explain it two or three over the two-star rating in reading the fire using stones. The school is also ex- times to make sure you get it—he really school received in 2004. ploring the possibility of adding an cares about you. He wants everyone to learn Much of the credit for Johnsville Ele- International Baccalaureate Program and be on the same page. He will even take mentary School’s success belongs to its to the curriculum. time to stay after school with you if you principal, Mr. Patrick Murray, and the The success of Saint Anthony Middle don’t get it. dedicated teachers and staff. The pupils School is reflected in student enroll- The community has demonstrated its and staff at Johnsville Elementary ment numbers: 42 percent of the stu- strong support for the schools by ap- School understand that, in order to be dents come to the school, through open proving several referendums and sup- successful, a school must go beyond enrollment, from neighboring districts. porting numerous fundraising activi- achieving academic success; it must In 2005, St. Anthony Middle School ties. Community members are always also provide a nurturing environment received a three-star rating in math represented at school functions, act as where children can develop the knowl- and a four-star rating in reading from mentors for students, serve as hosts for edge, skills, and attitudes for success the Minnesota Department of Edu- student volunteer opportunities, and throughout life. All of the faculty, cation. frequently offer afterschool employ- staff, and children at Johnsville Ele- Much of the credit for Saint Anthony ment for Saint Anthony students. mentary School should be very proud Middle School’s success belongs to its The results are very impressive. The of their accomplishments. principal, Shirley Gregoire, and the number of Advanced Placement tests I congratulate Johnsville Elementary dedicated teachers and staff. The stu- taken by students at Saint Anthony School in Blaine for winning the Award dents and staff at Saint Anthony Mid- has grown from 5 in 1994 to 240 in 2006. for Excellence in Education and for its dle School understand that, in order to Over 20 percent of juniors and seniors exceptional contributions to education be successful, a school must go beyond belong to the National Honor Society. in Minnesota.∑ achieving academic success; it must In both 2004 and 2005, the school re- f also provide a nurturing environment ceived five-star ratings in both math where students can develop the knowl- and reading from the Minnesota De- SAINT ANTHONY MIDDLE SCHOOL, edge, skills, and attitudes for success partment of Education. SAINT ANTHONY VILLAGE, MIN- throughout life. All of the faculty, Much of the credit for Saint Anthony NESOTA staff, and students at Saint Anthony Village High School’s success belongs ∑ Mr. DAYTON. Mr. President, today I Middle School should be very proud of to its principal, Mr. Tom Keith, and honor Saint Anthony Middle School, in their accomplishments. the dedicated teachers and staff. The Saint Anthony Village, MN, which re- I congratulate Saint Anthony Middle students and staff at Saint Anthony cently earned an Award for Excellence School in Saint Anthony Village for Village High School understand that, in Education for its exceptional and in- winning the Award for Excellence in in order to be successful, a school must novative achievements in educating Education and for its exceptional con- go beyond achieving academic success; children. tributions to education in Minnesota.∑ it must also provide a nurturing envi- Saint Anthony Middle School is truly f ronment where students can develop a model of educational success. The the knowledge, skills, and attitudes for Saint Anthony and New Brighton com- SAINT ANTHONY VILLAGE HIGH success throughout life. All of the fac- munities, which are served by the mid- SCHOOL, SAINT ANTHONY VIL- ulty, staff, and students at Saint An- dle school, place a high value on qual- LAGE, MINNESOTA thony Village High School should be ity education for every student. The ∑ Mr. DAYTON. Mr. President, today I very proud of their accomplishments. teachers and students have taken the honor Saint Anthony Village High I congratulate Saint Anthony Village initiative to establish an academic en- School, in Saint Anthony Village, MN, High School in Saint Anthony Village richment program, matching students which recently earned an Award for for winning the Award for Excellence and teachers with similar interests to Excellence in Education for its excep- in Education and for its exceptional

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00054 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17131 contributions to education in Min- kept as a control group at Park Seed benchmarks for other Minnesota school nesota.∑ Company. districts. Students achieved 90 percent f During the fifth-graders’ annual reading proficiency and 80 percent science fair, research scientists from math proficiency on the Minnesota MORRIS ELEMENTARY SCHOOL, the University join area high school Comprehensive Assessment tests. Over MORRIS, MINNESOTA students who excel in science. The sci- 50 percent of Marshall’s teachers have ∑ Mr. DAYTON. Mr. President, today I entists and high school students visit at least a master’s degree. honor Morris Elementary School, in the fifth- grade classrooms for a ‘‘meet The Emerging Leadership Investment Morris, MN, which recently earned an the expert day,’’ when they review the Program for Marshall’s minority resi- Award for Excellence in Education for science projects, answer questions, and dents demonstrates the effectiveness of its exceptional and innovative achieve- give feedback about the fifth-graders’ collaboration on the local level. The ments in educating children. projects. partnership between the city, its Morris Elementary School is truly a While the Award for Excellence in schools, and its businesses has also pro- model of educational success. The Education recognizes the Morris Ele- duced an extremely successful intra- award specifically recognizes the fifth- mentary fifth-grade science cur- mural sports program at Marshall High grade science program for three initia- riculum, the school has also done very School, which allows a cross section of tives: Project Alpha, chick growing, well in reading and math, receiving students to interact socially in a struc- and Tomato Fest, which all combine four stars in reading and five stars in tured, recreational setting, while bene- learning with hands-on application of math from the Minnesota Department fiting from physical activity. The pro- scientific theory and research, and of Education in 2005. gram will be expanded this fall to de- which also involve prominent sci- Much of the credit for Morris Ele- liver the same opportunities to middle entists and parent volunteers. mentary School’s success belongs to its school children. In addition, foreign Project Alpha blends learning in principal, Brad Korn, and the dedicated languages, creative writing, and science, math, language, and the arts. teachers and staff. The pupils and staff science clubs will be added to after- The children form an aerospace com- at Morris Elementary School under- school activities. mission designed to study space flight, stand that, in order to be successful, a Mayor Byrnes said, ‘‘Our community aerodynamics, weather, physics, and school must go beyond achieving aca- is fortunate to understand the common optics. As they accomplish each intel- demic success; it must also provide a goal of educating our youth and devel- ligence-gathering mission, they earn nurturing environment where pupils oping communities that demonstrate valuable ‘‘cash’’ for their company. can develop the knowledge, skills, and their interest in our youth. Commu- They then use the knowledge they have attitudes for success throughout life. nities that value youth, in the end, will acquired to build and launch model air- All of the faculty, staff, and pupils at retain youth for its sustainable fu- powered rockets. The children then Morris Elementary School should be ture.’’ make design modifications to their very proud of their accomplishments. In 2005, the Marshall High School re- rockets, based on actual flight per- I congratulate Morris Elementary ceived a three-star rating in math and formance. To earn the privilege of School in Morris for winning the a five-star rating in reading from the launching their rockets, pupils must Award for Excellence in Education and Minnesota Department of Education; pass a tough physics test which covers for its exceptional contributions to the junior high school received a four- concepts in energy, mass, light, sound, education in Minnesota.∑ star rating in math and a three-star the earth’s tilt, and Newton’s laws of f rating in reading; and the elementary motion. schools received three-star ratings in Fifth-graders also participate in an MARSHALL PUBLIC SCHOOLS, MARSHALL, MINNESOTA both math and reading. experiment growing chicks, which in- Much of the credit for the Marshall cludes gauging the effects of diet on ∑ Mr. DAYTON. Mr. President, today I Public School District’s success be- growing chickens. The children write honor the Marshall Public School Dis- longs to its superintendent, Mr. Klint the experimental protocol, analyze trict, in Marshall, MN, which recently Willert, and the dedicated principals, weight gain, feed intake, and feed/gain earned an Award for Excellence in Edu- teachers, and staff. The students and conversion. They use math skills to cation for its exceptional and innova- staff at Marshall Public Schools under- compile data and perform measure- tive achievements in educating chil- stand that, in order to be successful, a ments. The children meet with re- dren. school must go beyond achieving aca- search scientists from the University The Marshall Public School District demic success; it must also provide a of Minnesota’s College of Agricultural, is truly a model of educational success. nurturing environment where students Food, and Environmental Sciences at Marshall Mayor Bob Byrnes nominated can develop the knowledge, skills, and the West Central Research and Out- the local school district for an Award attitudes for success throughout life. reach Center. The scientists talk with for Excellence, based largely upon the All of the faculty, staff, and students the children about research, how to many programs offered through a col- at Marshall Public Schools should be write a scientific hypothesis, and how laboration of the school district, the very proud of their accomplishments. to conduct a research project that will city, and local businesses. I congratulate the Marshall Public either prove or disprove the hypoth- The programs include the Marshall School District in Marshall for winning esis. Public School District’s Mentor Con- the Award for Excellence in Education Fifth-graders also conduct a plant- nection Program, which gives students and for its exceptional contributions to growing experiment, in partnership an opportunity to shadow Marshall education in Minnesota.∑ with the USDA Soils Lab, located in business, nonprofit, and government Morris. The children study how certain leaders; the Talents Academy, which f variables affect germination, growth, pairs the brightest instructors with and reproduction in tomato plants. The gifted students at a very early age; and WALKER-HACKENSACK-AKELEY children are required to take measure- the Marshall East Campus Learning SCHOOL DISTRICT’S SPEECH ments, construct data tables, and Alternative, MECLA, Program, the dis- TEAM, WALKER, MINNESOTA present findings at the annual Tomato trict’s alternative education program ∑ Mr. DAYTON. Mr. President, today I Fest. One-third of the seeds were flown for students at risk of dropping out of honor Walker-Hackensack-Akeley aboard the Space Shuttle Atlantis in high school. All of these reflect the be- School District’s speech team, in Walk- 1997; another third were sealed in a dry lief of the Marshall community that er, MN, which recently earned an container and kept underwater at the ‘‘all children are important resources.’’ Award for Excellence in Education for Scott Carpenter Space Analog Station The growth and achievement shown its exceptional and innovative achieve- in Key Largo, FL; and the rest were by Marshall’s students have supplied ments in educating children.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00055 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17132 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 The Walker-Hackensack-Akeley WABASSO PUBLIC SCHOOLS, five-star rating in reading from the de- speech team is truly a model of edu- WABASSO, MINNESOTA partment of education, while the high cational success. The team has dem- ∑ Mr. DAYTON. Mr. President, today I school received three-star ratings in onstrated that when a school estab- honor the Wabasso Public Schools, in both math and reading. Last year, lishes a reputation in a specific area, Wabasso, MN, which recently earned an every 10th-grade student passed the this promotes high expectations, com- Award for Excellence in Education for state MCA writing test on the first at- munity involvement and support, and exceptional and innovative achieve- tempt. Well over 90 percent of the class an atmosphere encouraging further ments in educating children. of 2005 continued on to a postsecondary success. The competitive speech pro- The Wabasso Public Schools are education program or entered the mili- gram at Walker-Hackensack-Akeley truly a model of educational success. tary. High School truly sets this school The district is a small, rural district Much of the credit for Wabasso Pub- apart from most others in the State. that has a single building for its entire lic School’s success belongs to its su- The program is primarily for senior program, prekindergarten through perintendent, Ted Suss, its dean of stu- high school, but exceptionally gifted grade 12. Superintendent Ted Suss de- dents, Amy Iverson, and the dedicated seventh- and eighth-graders can also scribes the District as the ‘‘center of teachers and staff. The students and participate. local activity, the most important in- staff at Wabasso Public Schools under- The speech program focuses on the stitution within its community, and stand that, in order to be successful, a Minnesota State High School Speech the emblem of community pride.’’ school must go beyond achieving aca- Competition and the National Forensic Wabasso Public Schools have dem- demic success; it must also provide a League. Both areas of concentration onstrated that quality education can nurturing environment where students have brought numerous awards and be provided in a small, rural school dis- can develop the knowledge, skills, and recognition to Walker-Hackensack- trict. The district prides itself for its attitudes for success throughout life. Akeley communities. More important, success in academics, athletics, and the All of the faculty, staff, and students the program has helped develop stu- arts. at Wabasso Public Schools should be dents’ skills and led them, in some Wabasso Public Schools’ amenities very proud of their accomplishments. cases, to world-class opportunities. include a comprehensive early child- I congratulate Wabasso Public Walker-Hackensack-Akeley’s speech hood education program, a formal pre- Schools in Wabasso for winning the program has produced more State kindergarten for 4-year-olds and an all- Award for Excellence in Education and champions and medal winners at State- day kindergarten. In the high school, for exceptional contributions to edu- level competition than any school its Wabasso offers a full-year physics class cation in Minnesota.∑ size, and the high school consistently and a full-year calculus class. The vo- f ranks among the top schools through- cational agriculture department offers out Minnesota. Many students have additional opportunities for students THOMAS JEFFERSON HIGH gone on to compete in the prestigious to earn science credits, including SCHOOL, BLOOMINGTON, MIN- National Forensic League, and 10 hands-on learning in floriculture, agri- NESOTA former students have achieved Na- culture, crop science, and animal ∑ Mr. DAYTON. Mr. President, today I tional Forensic League Academic All- science. The district will begin offering honor Thomas Jefferson High School, American status. Many have also pur- advanced placement classes next year, in Bloomington, MN, which recently sued distinguished careers in law, med- which very few rural districts are able earned an Award for Excellence in Edu- icine, and business. to do. cation for its exceptional and innova- The Walker-Hackensack-Akeley The Wabasso community is proudest tive achievements in educating chil- speech program has a 40-year record of of a Future Farmers of America Chap- dren. success, during which participants ter in which 25 percent of all students Thomas Jefferson High School is earned 163 State speech medals, includ- in grades 9 through 12 won the oppor- truly a model of educational success. ing 31 individual State championships. tunity to compete at the FAA State The school is to be commended for its Participants of the program have com- Convention; the Wabasso High School overall commitment to quality edu- peted 21 times at the national level and choir, which won three ‘‘superior’’ rat- cation, including its curriculum and have won dozens of invitational, sub- ings, the maximum possible under Min- scheduling, staffing, materials and section, and sectional titles. nesota State High School League rules; equipment, and facilities. The quality Last year, the high school’s grad- the Wabasso High School Rabbits, of Jefferson’s programs in the sciences, uating class of 61 students received in which have an extraordinary record of mathematics, language arts, health, excess of $650,000 in merit-based schol- success, including State championships music, languages, special education, arships from universities and colleges in girls’ fast-pitch softball and basket- technology, media, and the arts has set across the country. ball; the boys’ wrestling team has the standard for secondary education Much of the credit for the Walker- qualified for the State tournament in 2 in Minnesota. In 2004 and 2005, the Hackensack-Akeley’s speech team’s of the past 3 years, winning second school ranked as one of the top six success belongs to its coach, Chuck place in 2001 and reaching the schools in the State on the Minnesota Cravens. The students and staff at semifinals in 2003; and the football Comprehensive Assessments reading Walker-Hackensack-Akeley Schools team has also advanced to the State and math scores. understand that in order to be success- tournament in 2 of the past 3 years. Thomas Jefferson High School, which ful, a school must go beyond achieving The success of the football team is opened in 1970, has 1,748 students and academic success; it must also provide even more impressive, given that the prides itself for its academic rigor. a nurturing environment where stu- school has opted to play in the more During the past 3 years, 30 students dents can develop the knowledge, competitive 11-man league even though have earned distinction as National skills, and attitudes for success the small enrollment would have al- Merit Scholar Semifinalists and Com- throughout life. All of the faculty, lowed them to compete in the 9-man mended Scholars. Each year, over 150 staff, and students at Walker-Hacken- league. students earn college credits at Jeffer- sack-Akeley Schools should be very To control costs, the Wabasso School son by scoring three points or higher proud of the accomplishments of its District has hired a single dean of stu- on advanced placement tests. After speech team. dents to serve as the principal for the graduation, more than 80 percent of I congratulate the Walker-Hacken- elementary school, middle school, and Jefferson students go on to postsec- sack-Akeley School District’s speech high school. A site council makes ondary educational opportunities. team in Walker for winning the Award many of the decisions traditionally Academics alone, however, do not for Excellence in Education and for its made by a school principal. present the whole picture. According to exceptional contributions to education The Wabasso Elementary School re- the Thomas Jefferson High School mis- in Minnesota.∑ ceived a four-star rating in math and a sion statement: ‘‘The Jefferson High

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00056 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17133 School Community will develop and for Over 40 Years.’’ The school’s rep- lence in Education and for its excep- nurture responsible leaders and en- utation is reflected in the fact that tional contributions to education in lightened citizens who challenge them- nearly half its pupils enter through Minnesota.∑ selves to create the present and enrich open enrollment, and there is a long f the future.’’ The teachers and adminis- waiting list for acceptance. Families RENVILLE COUNTY WEST SCHOOL trators at Jefferson High are proud of choose Wilshire because it is known for DISTRICT, RENVILLE, MINNESOTA their students’ academic, athletic, and academic excellence and for its safe, artistic accomplishments, especially caring environment ∑ Mr. DAYTON. Mr. President, today I when achieved in the spirit of the Test scores at Wilshire Park Elemen- honor Renville County West School Thomas Jefferson core ethical values tary School are well above the State District, in Renville, MN, which re- of respect, responsibility, integrity, average and continue to improve every cently earned an Award for Excellence citizenship, and honesty. year. Three years ago, Wilshire re- in Education for its exceptional and in- For example, in keeping with Jeffer- ceived three stars in reading and math novative achievements in educating son’s broad mission statement, stu- from the Minnesota Department of children. dents demonstrated their personal in- Education. Two years ago, the school Renville County West School District tegrity and desire to serve others by received four stars in reading and three is truly a model of educational success. working to raise over $12,000 for hurri- in math. Last year, Wilshire received The district has struggled financially cane relief and $10,000 for the Red Cross four stars in reading and five stars in for many years, primarily as a result of relief efforts. math. declining enrollment. It has addressed In addition, the Jefferson Marching However, test scores and ratings its financial problems through mul- Band, which is fondly known as the alone do not fully represent a school’s tiple consolidations of many districts Pride of Minnesota, is a source of spe- true success. The principal and teach- into a single district, and last year, the cial luster and has performed at the ers at Wilshire Park Elementary be- closing of yet another school building. Cotton Bowl, Alamo Bowl, Fiesta Bowl, lieve many other factors influence chil- These moves, while financially nec- essary, are extremely hard on the stu- and Tournament of Roses Parade. Stu- dren’s ability to learn, qualities often dents, staff, and community. dents are also offered a choice of two better revealed through personal sto- While the district has been plagued ries describing an atmosphere of caring orchestra programs. by falling enrollment due to population The school does well in athletic com- and nurturing. trends, statutory operating debt, re- petition. Over its 35-year history, Jef- The true sense of the Wilshire com- ductions in staff and programs, and munity is evident from the support the ferson High School has won 51 State staff development funds that have been entire school gives to children experi- championships in hockey, soccer, foot- suspended, the district maintains its encing tragedies in their lives. One ball, baseball, and other men’s and commitment to quality education. Its Wilshire student has been on kidney di- women’s sports. Recent accomplish- schools have consistently made yearly alysis for several years, waiting to re- ments of Jefferson sports teams in- progress toward the goals of No Child clude a 2004–2005 Boys State Soccer ceive a transplant. Last fall, the school Left Behind. Championship, a 2004–2005 Boys’ Hock- held a dance to raise funds to help Despite these challenges, test scores ey Lake Conference and 6AA Cham- cover the family’s medical expenses. in Renville County West schools have pionship Title, and a 2003–2004 Girls Also, earlier this year, staff rallied to improved over the past few years. Last State Alpine Ski Academic Champion- support a first-grader whose mother year, Renville County West Elemen- ship. died suddenly. tary School earned four-star ratings in Much of the credit for Thomas Jeffer- Wilshire was the first school in the math and reading; and its high school son High School’s success belongs to five-State area to have a K-Kids Club, earned a four-star rating in math. its principal, Steve Hill, and the dedi- which is a Kiwanis Club for children to Renville County West’s continued aca- cated teachers. The students and staff work on projects to benefit the whole demic progress has also overcome at Thomas Jefferson High School un- community. changes created by greater numbers of derstand that, in order to be successful, Wilshire Park Elementary School is special education, low-income, and mi- a school must go beyond achieving aca- also proud of the tremendous volunteer nority students. demic success; it must also provide a support it receives from the commu- The statements of teachers and stu- nurturing environment where students nity. The school currently has 252 ac- dents offer yet another reflection of can develop the knowledge, skills, and tive volunteers, of whom 70 to 80 work the success of the district. Social attitudes for success throughout life. at the school at least 1 to 2 days per sciences teacher Daniel Rohman All of the faculty, staff, and students week. These volunteers not only in- writes: ‘‘I have developed a senior eco- at Thomas Jefferson High School clude parents of Wilshire pupils; aunts, nomics class that gives kids a spring- should be very proud of their accom- grandparents, and community mem- board into life. In this class, I teach plishments. bers are also regulars in the volunteer the concepts of micro and macro but I congratulate Thomas Jefferson room. try to put it into real life examples High School in Bloomington for win- Much of the credit for Wilshire Park that the kids have to work at. In this ning the Award for Excellence in Edu- Elementary School’s success belongs to class I teach investments. We do mock cation and for its exceptional contribu- its recently retired principal, Dr. portfolios; we track stocks; we do gov- tions to education in Minnesota.∑ Bonnie Kirkpatrick, and the dedicated ernment securities, 403s and 401s, IRAs, f teachers and staff. The pupils and staff mutual funds, insurance plans, money at Wilshire Park Elementary School market accounts, and on and on. WILSHIRE PARK ELEMENTARY understand that, in order to be success- ‘‘I have had kids so interested in this SCHOOL, SAINT ANTHONY VIL- ful, a school must go beyond achieving class that they have gone into the se- LAGE, MINNESOTA academic success; it must also provide curities profession as investment bro- ∑ Mr. DAYTON. Mr. President, today I a nurturing environment where chil- kers, insurance sales, working for firms honor Wilshire Park Elementary dren can develop the knowledge, skills, such as State Farm and Piper Jaffrey. School, in Saint Anthony Village, MN, and attitudes for success throughout Do you think that makes me proud? which recently earned an Award for life. All of the faculty, staff, and pupils You bet it does. That is what teaching Excellence in Education for its excep- at Wilshire Park Elementary School is all about. Seeing a kid make three tional and innovative achievements in should be very proud of their accom- times what I make and feeling good educating children. plishments. about it when they come back to share Wilshire Park Elementary School is I congratulate Wilshire Park Ele- their success story with you and say- truly a model of educational success. mentary School in Saint Anthony Vil- ing, ‘Thank you, you made a difference Wilshire’s motto is: ‘‘Making Kids #1 lage for winning the Award for Excel- in my life.’ ’’

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00057 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17134 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 Molly Forkrud, a 2006 graduate of ideas into a proposed design. A local complished musician. She was also an Renville, describes her academic ca- business, Timberland Clothing Store, entrepreneur and philanthropist who reer, writing: ‘‘I can honestly say in all also helped install the finished mural brought music into the lives of others four campuses, I have received a won- in the courtyard. through performance and education. derful education. This education did Although the Award for Excellence is She founded Armstrong Chamber Con- not come from the walls, halls, or in recognition of the school’s creation certs, Inc. and served as its artistic di- classrooms of certain buildings, but of a mural, its academic performance rector for more than 22 years. What rather the consistent ambition of the over the past few years also merits rec- began one summer as a way to lure mu- teachers and staff who instructed me. ognition. In 2005, the high school re- sicians out of New York City to per- The buildings themselves have had ceived five stars in reading and four form in Helen’s home in Washington, nothing to do with my education, but stars in math from the Minnesota De- CT became a thriving enterprise en- it’s the people inside who have im- partment of Education, which is a sig- compassing performance series in pacted my life as a student.’’ nificant improvement over the three- Litchfield and Fairfield counties as Although the district has struggled star rating the district received in well as Carnegie Hall recitals, cor- financially, it has made the financial reading and math in 2004. The school porate events, and educational pro- commitment to fund an all-day kinder- also offers a College in a Classroom grams in schools in Connecticut and garten for all children, something the Program, allowing high school stu- New York City. At the heart of ACC is State of Minnesota has refused to pro- dents to take college-level courses and Helen’s artistic vision to broaden pub- vide. earn college credits through a partner- lic interest in chamber music through Much of the credit for the Renville ship with St. Cloud State University. performance and education, and its pri- County West School District’s success Much of the credit for the Saint Mi- mary focus has been to bring musical belongs to its Superintendent, Mr. chael-Albertville High School’s success education to public and private schools Doug Conboy, and the dedicated prin- belongs to its Principal, Mark Minkler, through its unique Students’ Music En- cipals, teachers, and staff. The stu- and the dedicated teachers. The stu- richment Program. Over 100,000 stu- dents and staff at the Renville County dents and staff at Saint Michael- dents have benefited from this program West School District understand that Albertville High School understand thanks to Helen Armstrong’s remark- in order to be successful, a school must that, in order to be successful, a school able vision an dedication to this cause. go beyond achieving academic success. must go beyond achieving academic One of the most noteworthy examples It must also provide a nurturing envi- success; it must also provide a nur- of Helen’s benevolent spirit were her ronment where students can develop turing environment where students can performances at a prison in Danbury. the knowledge, skills, and attitudes for develop the knowledge, skills, and atti- She counted those performances as success throughout life. All of the fac- tudes for success throughout life. All of some of her most rewarding outreach ulty, staff, and students at the Renville the faculty, staff, and students at experiences, and said the music made County West School District should be Saint Michael-Albertville High School the inmates feel that life was worth very proud of their accomplishments. should be very proud of their accom- living. Helen dedicated her life to I congratulate the Renville County plishments. spreading her love of classical music, West School District in Renville for I congratulate Saint Michael- and she has touched the lives and winning the Award for Excellence in Albertville High School in Albertville hearts of countless citizens, including Education and for its exceptional con- for winning the Award for Excellence my own. I had the privilege of seeing tributions to education in Minnesota.∑ in Education and for its exceptional Helen perform, and was truly cap- f contributions to education in Min- tivated by her immense talent and pas- nesota.∑ sion. Her performance moved me to act SAINT MICHAEL-ALBERTVILLE as an honorary chairperson of the con- HIGH SCHOOL, ALBERTVILLE, f cert series she organized, and I am hon- MINNESOTA TRIBUTE TO HELEN ARMSTRONG ored to have been associated with her ∑ Mr. DAYTON. Mr. President, today I ∑ Mr. DODD. Mr. President, today I organization. honor Saint Michael-Albertville High pay tribute to a gifted musician, suc- Helen Armstrong was a remarkable School, in Albertville, MN, which re- cessful entrepreneur, devoted wife and woman in several respects. Along with cently earned an Award for Excellence mother, constituent, and friend, Helen her accomplishments as a solo violinist in Education for its exceptional and in- Armstrong, who passed away on April and founder of a successful nonprofit novative achievements in educating 28 of this year. Helen was an inter- chamber music organization, she was a children. national virtuoso violinist who dedi- devoted wife, mother, and grand- Saint Michael-Albertville High cated her life to enriching the lives of mother. She was widowed by her first School is truly a model of educational others through music. husband, Alan Cohen, in 1978. Despite success. Its students and staff recently Helen Armstrong was born on March this terrible loss, Helen continued to completed a collaborative effort unit- 16, 1943, in Rockford, IL. Her career as promote ACC’s mission and to perform ing the environmental sciences classes, a violinist began at the age of 3. Before while raising her two children. After a studio art classes, and members of the long, she was enrolled at the Juilliard long relationship, she married Ajit community to create a mural, now dis- School where she quickly caught the Hutheesing in 1996. In addition to him, played in the school’s courtyard. The eye of renowned instructors Ivan she is survived by her children Debbie students also designed a flower garden Galamian and Dorothy DeLay. She was and David, her grandchildren Brenden, to beautify the building’s landscaping. among the select few chosen to study Tyler, and Cailey, her sister Nancy, Each of the mural’s components de- under them in pursuit of a solo career. and her brother Robert. I offer my picts one of the four seasons in Min- Other violinists in this group include deepest condolences to all of them. nesota. Helen’s childhood friend Yitzhak Perl- They have lost a beloved member of The mural, which was completed last man and Pinchas Zuckerman. In 1976 their family. Helen’s great talent and November, was funded through a grant Helen made her Lincoln Center debut generous spirit will be sorely missed by from the Minnesota Arts Board. Over and went on to perform with various them and countless others.∑ 180 high school students contributed, orchestras including the Boston Pops, f under the direction of Mr. Danny the Indianapolis Symphony, and the Saathoff, an artist in residence. Stu- New Polish Philharmonic. She has also TRIBUTE TO NICK WALTERS dents from the environmental sciences toured North America, Europe, and ∑ Mr. LOTT. Mr. President, I want to department helped develop the ideas Asia as a recitalist. take a moment and wish best of luck to for each component of the mural. Then But Helen Armstrong was not con- an accomplished, young and promising studio art students transformed those tent to be a successful and highly ac- Mississippian who is leaving federal

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00058 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17135 service to pursue private sector oppor- former Mississippi Governor Kirk tional Monument in Utah. I wish to tunities. Fordice, his stint as chief of staff for congratulate Mr. Exton on this excit- Nick Walters, originally of Wiggins, the Mississippi Public Service Commis- ing new opportunity, and wish him all MS, was appointed as Mississippi’s sion—Nick Walters will be successful the best. The cooperation and respect USDA Rural Development Director by in wherever his endeavors may lead. Mr. Exton has fostered in South Da- President George Bush in 2001. Since I hope my colleagues will join me in kota will remain as a worthy legacy.∑ then, Nick has done a great job sup- thanking Nick Walters for his exem- f porting Mississippi’s communities, plary service to the Federal Govern- helping to secure resources needed for ment and, more importantly, to Amer- HONORING RUDY GARCIA public facilities, utilities, and for eco- ica as Mississippi’s USDA rural devel- ∑ Mr. COLEMAN. Mr. President, I nomic development. opment director.∑ would like to take this opportunity to This is a key Federal position for my f honor the memory of Rudolph ‘‘Rudy’’ State. As Nick likes to say, this is the Garcia, a quintessential entrepreneur ‘‘nonfarm,’’ or ‘‘nonfood’’ part of TRIBUTE TO BRAD EXTON and fixture in the St. Paul community, USDA. It is about new water and waste ∑ Mr. JOHNSON. Mr. President, today who passed away on August 27, 2006, at water systems, so people can have I wish to honor Brad Exton, an indi- the age of 61. As Rudy’s close friends clean, dependable running water. It is vidual with a long and outstanding have noted: ‘‘He truly personified the about new community centers, town record as member of the U.S. Forest American Dream.’’ Having grown up in halls, and even high-tech or edu- Service. Over the course of his 29 years an orphanage without any formation cational assets like broadband service, in the Forest Service, Mr. Exton has education, Rudy decided at an early telemedicine and long-distance learn- held many demanding posts, including age to chase his dream of owning and ing. deputy forest supervisor and acting for- operating his own restaurant a dream Since taking office, Nick has pre- est supervisor of the Black Hills Na- that went hand in hand with his great sented scores of oversized checks, in tional Forest, BHNF, in South Dakota. love of cooking. countless, photos for local papers tell- He has also been instrumental in help- At the age of 21, he opened his first ing stories about a new water tower or ing the Forest Service improve rela- establishment, Garcia’s Casita on the a new police car or fire truck. tions with Native American tribes, and West Side of the city, becoming St. Some people might think these helped to create a closer relationship Paul’s first Latino businessowner. things are small, and they often are in between the Forest Service, National Through a combination of Rudy’s per- terms of Federal dollars. But these Park Service, and the State park sys- sonality and commonsense business modest services will reverberate for tem. practices, he was able to grow Garcia’s years to come. As Nick says: USDA Before his tenure in South Dakota, Casita into a string of six different St. Rural Development is really about eco- Mr. Exton served in several States and Paul eating establishments during the nomic development, helping to encour- numerous positions within the Forest 1990s. From steakhouses to nightclubs, age and sustain job creation—paving Service. He was a graduate forester in Rudy’s perseverance continually led the way for communities to grow. Oregon; a river ranger in the Frank him to success even in the face of sev- Nick has helped administer more Church River of No Return Wilderness eral failures and a St. Paul that was than $100 million to Mississippi’s cities in Idaho; a district ranger in Caribou- still on the edge of revitalization. and towns through this agency. Targhee National Forest, encom- Rick Aguilar, a St. Paul businessman He hasn’t sat on his laurels waiting passing 3 million acres in Idaho, Mon- and longtime friend, described Rudy as for mayors, supervisors, town alderman tana, Wyoming, and Utah; and a recre- ‘‘a man with a million ideas’’ whose en- or CEOs to approach him. Nick has ation staff officer in the Ashley Na- ergy helped him roll with the punches been proactive, innovative, and he has tional Forest in Utah. He brought this and make his dreams a reality. Rudy actively sought cases and ways to meet wealth of experience with him to BHNF continued to stay the course as both he individual community needs through in April of 2003. and St. Paul grew alongside each other USDA’s various Rural Development As deputy forest supervisor and act- through the years. In 1994, while serv- Programs. ing forest supervisor at BHNF, Mr. ing as the mayor of St. Paul, I had the We’ve all heard the old saying: Don’t Exton took a leadership role in con- distinct privilege of proclaiming a day tel1 me what you can’t do, tell me fronting some of the most difficult in his honor. While the St. Paul com- what you can do. That has been Nick challenges facing the organization. For munity mourns Rudy’s passing, we Walters’ approach to public service. His example, Mr. Exton was a BHNF can’t help but celebrate his life that first inclination is to act. spokesman and negotiator on issues of should serve as a model for not only That is something we Mississippians concern to Indian tribes. The Black Latinos, but all Americans who are appreciate. After Hurricane Katrina, Hills area is sacred land to 22 tribes, in- looking to make their dreams a re- we saw many Federal bureaucrats in cluding the Lakota people, and there ality. FEMA and elsewhere strapped by inde- has often been tension with the Forest The St. Paul area and I will sincerely cision, blinded by tunnel vision, stuck Service over the role of the tribes in miss Garcia’s great commitment to our on what they could not do, obsessed land management and usage. Through community. Whether it was his work with the word ‘‘no,’’ when they should meetings and the formation of an advi- in the restaurant business or his par- have been saying ‘‘yes.’’ sory group, Mr. Exton has partnered ticipation in the early 1960s band the Nick isn’t that type. He has provided with tribal members to seek a more ac- Jaymars a popular area band that a great example of what someone in tive role for the tribes in maintaining played a mix of jazz, rock ‘n’ roll and this office can do using its authority to healthy forests and creating an atmos- blues—Garcia’s impact on St. Paul is the utmost, and we are working hard to phere of respect for indigenous cultures immeasurable.∑ find a successor who will continue this and knowledge. His commitment was f strong leadership. reflected in 2005, when he was awarded Nick Walters will be missed, but my a Regional Forester Honor Award for TRIBUTE TO LYN MCCLELLAND guess is that he will be back in public his work with the Rosebud Sioux Tribe ∑ Mrs. MURRAY. Mr. President, today service one day. In what capacity? I in developing a program of fuel reduc- I wish to honor Lyn McClelland, a don’t know. That’s a decision for him, tion. highly respected leader in the mari- his wife Lisa and his young children, While it is unfortunate for BHNF to time community, who is retiring this Porter and John Garrett. lose a valuable public servant such as month after 21 years of service as the But now with this success behind him Mr. Exton, I am confident he will Maritime Administration’s Seattle rep- and given his previous experience in thrive in his new position as manager resentative. Lyn has helped support the private sector, his work with of the Grand Staircase-Escalante Na- the success, safety, and security of the

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00059 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17136 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 U.S. maritime community in the Pa- and a treaty which were referred to the EXECUTIVE AND OTHER cific Northwest. appropriate committees. COMMUNICATIONS Over the years, we have turned to (The nominations received today are The following communications were Lyn time and again for her expertise, printed at the end of the Senate pro- laid before the Senate, together with her judgment, and her ability to come ceedings.) accompanying papers, reports, and doc- up with practical solutions. If there is f uments, and were referred as indicated: a challenge in the maritime commu- MESSAGE FROM THE HOUSE EC–7862. A communication from the Assist- nity, you can bet that Lyn’s worked to DURING ADJOURNMENT ant Secretary of the Navy (Installations and solve it. Environment), transmitting, pursuant to I am especially proud of Lyn’s work law, a report relative to conducting a stand- ard competition of the base support, vehicle on critical security programs, which as ENROLLED BILLS SIGNED my colleagues know is an area of spe- operations, and equipment functions per- Under authority of the order of the formed by Department of the Navy civilian cial interest for me. I was so pleased personnel for possible performance by pri- that Lyn worked on Operation Safe Senate of January 4, 2005, the Sec- retary of the Senate, on August 4, 2006, vate contractor; to the Committee on Armed Commerce, which I helped create here Services. in the Senate. She has worked on the during the adjournment of the Senate, EC–7863. A communication from the Under STEP program Seattle/Tacoma/Everett received a message from the House of Secretary of Defense (Acquisition, Tech- Port Security Program, and the Wash- Representatives announcing that the nology, and Logistics), transmitting, pursu- ington State Transportation Research Speaker pro tempore (Mr. DAVIS) has ant to law, the National Defense Stockpile (NDS) Annual Materials Plan (AMP) for Fis- Center electronic seal test. She’s been signed the following enrolled bills: H.R. 4. An act to provide economic secu- cal Year (FY) 2007; also included are AMPs a key player on three Area Maritime for Fiscal Years 2008 through 2011; to the Security Committees Alaska, Wash- rity for all Americans, and for other pur- poses. Committee on Armed Services. EC–7864. A communication from the Assist- ington, and Oregon, and Lyn partnered H.R. 4646. An act to designate the facility ant Legal Adviser for Treaty Affairs, Depart- with the Coast Guard on a number of of the United States Postal Service located ment of State, transmitting, pursuant to the maritime security programs including at 7320 Reseda Boulevard in Reseda, Cali- Case-Zablocki Act, 1 U.S.C. 112b, as amended, reviewing applications for port secu- fornia, as the ‘‘Coach John Wooden Post Of- the report of the texts and background state- fice Building’’. rity grants. Lyn’s work also helped en- ments of international agreements, other H.R. 4811. An act to designate the facility sure the development, availability and than treaties (List 06-186-06-195); to the Com- of the United States Postal Service located security of military out-load ports in mittee on Foreign Relations. support of our men and women engaged at 215 West Industrial Park Road in Har- EC–7865. A communication from the Sec- rison, Arkansas, as the ‘‘John Paul Hammer- retary of State, transmitting, pursuant to in hostilities overseas. schmidt Post Office Building’’ . Lyn’s contributions were not limited law, a report relative to the military, diplo- H.R. 4962. An act to designate the facility matic, political, and economic measures that to port security. She has also been a of the United States Postal Service located major supporter of the development of have been or are being taken to successfully at 100 Pitcher Street in Utica, New York, as complete the mission in Iraq; to the Com- the Marine Transportation System, the the ‘‘Captain George A. Wood Post Office mittee on Foreign Relations. U.S. Merchant Marine, and she has al- Building’’. EC–7866. A communication from the Assist- ways been involved in encouraging H.R. 5104. An act to designate the facility ant Secretary, Legislative Affairs, Depart- young people to pursue careers in the of the United States Postal Service located ment of State, transmitting, pursuant to at 1750 16th Street South in St. Petersburg, maritime industry. Her support of the law, a report relative to the International Florida, as the ‘‘Morris W. Milton Post Of- Atomic Energy Agency’s (IAEA) technical Puget Sound Harbor Safety Committee fice’’. spurred the adoption of new safety assistance to Iran during 2005; to the Com- H.R. 5107. An act to designate the facility mittee on Foreign Relations. measures for vessel and waterfront fa- of the United States Postal Service located EC–7867. A communication from the Assist- cility operation. Lyn’s eager participa- at 1400 West Jordan Street in Pensacola, ant Secretary, Legislative Affairs, Depart- tion in a wide array of maritime events Florida, as the ‘‘Earl D. Hutto Post Office ment of State, transmitting, pursuant to and celebrations helped make them Building’’. law, a report relative to the U.S. military successful. H.R. 5169. An act to designate the facility personnel and civilian contractors involved of the United States Postal Service located Lyn has been a stalwart leader and in the anti-narcotics campaign in Colombia; at 1310 Highway 64 NW. in Ramsey, Indiana, to the Committee on Foreign Relations. mainstay of the Pacific Northwest as the ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, EC–7868. A communication from the Assist- maritime industry, and she has Sr. Post Office’’ . ant Secretary, Legislative Affairs, Depart- strengthened the relationship between H.R. 5540. An act to designate the facility ment of State, transmitting, pursuant to industry and government. As other of the United States Postal Service located law, a report relative to the effectiveness of leaders came and went, we could al- at 217 Southeast 2nd Street in Dimmitt, United Nations efforts to prevent sexual ex- ways rely on the energy, knowledge, Texas, as the ‘‘Sergeant Jacob Dan Dones ploitation, abuse, and trafficking; to the dedication, and professionalism of Lyn Post Office’’. Committee on Foreign Relations. McClelland for any challenge. I want to Under authority of the order of the EC–7869. A communication from the Chair- Senate of January 4, 2005, the enrolled man, National Endowment for the Human- wish her ‘‘fair winds and following ities, transmitting, pursuant to law, the re- seas’’ in her well-deserved retirement. bills were subsequently signed by the port of a violation of the Antideficiency Act; She will be greatly missed. Lyn may be Vice President during the adjournment to the Committee on Appropriations. leaving her job, but she is leaving all of of the Senate, on August 14, 2006. EC–7870. A communication from the Acting us with a tremendous legacy of service f Senior Procurement Executive, Office of the and success. Congratulations, Lyn.∑ Chief Acquisition Officer, General Services MEASURES PLACED ON THE Administration, transmitting, pursuant to f CALENDAR law, the report of a rule entitled ‘‘Federal MESSAGES FROM THE PRESIDENT The following bills were read the sec- Acquisition Regulation; Federal Acquisition Circular 2005-12’’ (FAC 2005-12) received on Messages from the President of the ond time, and placed on the calendar: August 18, 2006; to the Committee on Home- United States were communicated to H.R. 4157. To promote a better health infor- land Security and Governmental Affairs. the Senate by Mr. Williams, one of his mation system. EC–7871. A communication from the Dis- secretaries. H.R. 4761. An act to provide for explo- trict of Columbia Auditor, transmitting, pur- ration, development, and production activi- suant to law, the report entitled ‘‘Auditor’s f ties for mineral resources on the outer Con- Examination of Contracts for Four (4) Con- EXECUTIVE MESSAGES REFERRED tinental Shelf, and for other purposes. sumers Under the Care of the Mental Retar- H.R. 4890. To amend the Congressional As in executive session the presiding dation and Developmental Disabilities Ad- Budget and Impoundment Control Act of 1974 ministration’’; to the Committee on Home- officer laid before the Senate messages to provide for the expedited consideration of land Security and Governmental Affairs. from the President of the United certain proposed rescissions of budget au- EC–7872. A communication from the Chair, States submitting sundry nominations thority. Corporation of Public Broadcasting (CPB)

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00060 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17137 Board of Directors, transmitting, pursuant preciation’’ (Notice 2006-67) received on Au- EC–7894. A communication from the Chief to law, the semiannual report of the Inspec- gust 18, 2006; to the Committee on Finance. of Publications and Regulations, Internal tor General of the CPB for the period ending EC–7884. A communication from the Chief Revenue Service, Department of the Treas- March 31, 2006; to the Committee on Home- of Publications and Regulations, Internal ury, transmitting, pursuant to law, the re- land Security and Governmental Affairs. Revenue Service, Department of the Treas- port of a rule entitled ‘‘TD: Determination of EC–7873. A communication from the Chief, ury, transmitting, pursuant to law, the re- Interest Expense Deduction of Foreign Cor- Human Capital Officer, Corporation for Na- port of a rule entitled ‘‘Amplification and porations’’ ((RIN1545-BF70)(TD9281)) received tional and Community Service, transmit- Modification of Rev. Rul. 81–35, Rev. Rul. 81– on August 18, 2006; to the Committee on Fi- ting, pursuant to law, the report of a va- 36 and Rev. Rul. 87–10’’ (Rev. Rul. 2006–43) re- nance. cancy in the position of Inspector General, ceived on August 8, 2006; to the Committee EC–7895. A communication from the Chief Corporation for National and Community on Finance. of Publications and Regulations, Internal Service, received on August 16, 2006; to the EC–7885. A communication from the Chief Revenue Service, Department of the Treas- Committee on Homeland Security and Gov- of Publications and Regulations, Internal ury, transmitting, pursuant to law, the re- ernmental Affairs. Revenue Service, Department of the Treas- port of a rule entitled ‘‘Bureau of Labor Sta- EC–7874. A communication from the Presi- ury, transmitting, pursuant to law, the re- tistics Price Indexes for Department dent, Federal Financing Bank, transmitting, port of a rule entitled ‘‘Revision of Forms Stores—June 2006’’ (Rev. Rul. 2006-41) re- pursuant to law, a report relative to the per- 8898 and 8840’’ (Notice 2006-73) received on ceived on August 18, 2006; to the Committee formance plan of the Federal Financing August 8, 2006; to the Committee on Finance. on Finance. EC–7886. A communication from the Chief Bank for fiscal years 2005–2007; to the Com- EC–7896. A communication from the Chief of Publications and Regulations, Internal mittee on Homeland Security and Govern- of Publications and Regulations, Internal Revenue Service, Department of the Treas- mental Affairs. Revenue Service, Department of the Treas- ury, transmitting, pursuant to law, the re- EC–7875. A communication from the White ury, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Weighted Average In- House Liaison and Executive Director, Com- port of a rule entitled ‘‘Applicable Federal terest Rate Update’’ (Notice 2006-74) received mission on Remembrance, transmitting, pur- Rates—September 2006’’ (Rev. Rul. 2006-44) on August 15, 2006; to the Committee on Fi- suant to law, the annual report of the White received on August 18, 2006; to the Com- House Commission on the National Moment nance. EC–7887. A communication from the Chief mittee on Finance. of Remembrance; to the Committee on the EC–7897. A communication from the Dep- Judiciary. of Publications and Regulations, Internal Revenue Service, Department of the Treas- uty Chief Counsel for Regulations, Transpor- EC–7876. A communication from the Staff tation Security Administration, Department Director, Commission on Civil Rights, trans- ury, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Stock Transfer of Homeland Security, transmitting, pursu- mitting, pursuant to law, the report of the ant to law, the report of a rule entitled ‘‘Pri- appointment of members to the Connecticut Rules: Carryover of Earnings and Taxes’’ ((RIN1545-AX65)(TD9273)) received on August vacy Act of 1974: Implementation of Exemp- Advisory Committee; to the Committee on tions; Intelligence, Enforcement, Internal the Judiciary. 15, 2006; to the Committee on Finance. EC–7888. A communication from the Regu- Investigation, and Background Investigation EC–7877. A communication from the Staff lations Officer, Office of Disability and In- Records’’ (RIN1652–AA34) received on August Director, Commission on Civil Rights, trans- come Security Programs, Social Security 2, 2006; to the Committee on Commerce, mitting, pursuant to law, the report of the Administration, transmitting, pursuant to Science, and Transportation. appointment of members to the North Caro- law, the report of a rule entitled ‘‘Changes to EC–7898. A communication from the Dep- lina Advisory Committee; to the Committee the Income and Resources Provisions for uty Chief Counsel for Regulations, Transpor- on the Judiciary. Supplemental Security Income (SSI) Based tation Security Administration, Department EC–7878. A communication from the Pro- on Sections 430, 435, and 436 of the Social Se- of Homeland Security, transmitting, pursu- gram Manager, Bureau of Alcohol, Tobacco, curity Protection Act (SSPA) of 2004’’ ant to law, the report of a rule entitled Firearms and Explosives, Department of Jus- (RIN0960-AG13) received on August 15, 2006; ‘‘Drivers Licensed by Canada or Mexico tice, transmitting, pursuant to law, the re- to the Committee on Finance. Transporting Hazardous Materials To and port of a rule entitled ‘‘Commerce in Explo- EC–7889. A communication from the Chief, Within the United States’’ (RIN1652–AA50) sives—Hobby Rocket Motors’’ (RIN1140– Trade and Commercial Regulations Branch, received on August 2, 2006; to the Committee AA25) received on August 18, 2006; to the Customs and Border Protection, Department on Commerce, Science, and Transportation. Committee on the Judiciary. of Homeland Security, transmitting, pursu- EC–7899. A communication from the Pro- EC–7879. A communication from the Pro- ant to law, the report of a rule entitled ‘‘Im- gram Manager, Bureau of Alcohol, Tobacco, gram Analyst, Federal Aviation Administra- plementation of the Andean Trade Pro- tion, Department of Transportation, trans- Firearms and Explosives, Department of Jus- motion and Drug Eradication Act’’ (RIN1505- tice, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule AB37) received on August 2, 2006; to the Com- entitled ‘‘Modification of Class E Airspace; port of a rule entitled ‘‘Commerce in Explo- mittee on Finance. sives—Hobby Rocket Motors’’ (RIN1140– Wellington, KS’’ ((RIN2120–AA66)(Docket No. EC–7890. A communication from the Chief 06–ACE–4)) received on August 2, 2006; to the AA25) received on August 18, 2006; to the of Publications and Regulations, Internal Committee on the Judiciary. Committee on Commerce, Science, and Revenue Service, Department of the Treas- Transportation. EC–7880. A communication from the Gen- ury, transmitting, pursuant to law, the re- EC–7900. A communication from the Pro- eral Counsel, Office of Justice Programs, De- port of a rule entitled ‘‘Flat Rate Supple- gram Analyst, Federal Aviation Administra- partment of Justice, transmitting, pursuant mental Wage Withholding’’ (RIN1545-BD96) tion, Department of Transportation, trans- to law, the report of a rule entitled ‘‘Public received on August 3, 2006; to the Committee mitting, pursuant to law, the report of a rule Safety Officers’ Benefits Program’’ (RIN1121– on Finance. entitled ‘‘Amendment to Class E Airspace; AA56) received on August 18, 2006; to the EC–7891. A communication from the Chief Jackson, WY’’ ((RIN2120–AA66)(Docket No. Committee on the Judiciary. of Publications and Regulations, Internal 05–ANM–13)) received on August 2, 2006; to EC–7881. A communication from the Chief Revenue Service, Department of the Treas- the Committee on Commerce, Science, and Justice, U.S. Supreme Court, transmitting, ury, transmitting, pursuant to law, the re- Transportation. pursuant to law, the report of the pro- port of a rule entitled ‘‘Reporting Require- ceedings of the Judicial Conference of the ments for Widely Held Fixed Investment EC–7901. A communication from the Pro- United States which was held on March 14, Trusts’’ ((RIN1545-BF86)(TD9279)) received on gram Analyst, Federal Aviation Administra- 2006; to the Committee on the Judiciary. August 3, 2006; to the Committee on Finance. tion, Department of Transportation, trans- EC–7882. A communication from the Chief EC–7892. A communication from the Chief mitting, pursuant to law, the report of a rule of Publications and Regulations, Internal of Publications and Regulations, Internal entitled ‘‘Modification of Offshore Airspace Revenue Service, Department of the Treas- Revenue Service, Department of the Treas- Area; Control 1234L; AK’’ ((RIN2120– ury, transmitting, pursuant to law, the re- ury, transmitting, pursuant to law, the re- AA66)(Docket No. 06–AAL–1)) received on Au- port of a rule entitled ‘‘REMIC Residual In- port of a rule entitled ‘‘Modification of No- gust 2, 2006; to the Committee on Commerce, terests—Accounting for REMIC Net Income tice 2006-53’’ (Notice 2006-71) received on Au- Science, and Transportation. (Including Any Excess Inclusions) (Foreign gust 2, 2006; to the Committee on Finance. EC–7902. A communication from the Pro- Holders)’’ ((RIN1545–BE81)(TD9272)) received EC–7893. A communication from the Chief gram Analyst, Federal Aviation Administra- on August 18, 2006; to the Committee on Fi- of Publications and Regulations, Internal tion, Department of Transportation, trans- nance. Revenue Service, Department of the Treas- mitting, pursuant to law, the report of a rule EC–7883. A communication from the Chief ury, transmitting, pursuant to law, the re- entitled ‘‘Modification of Offshore Airspace of Publications and Regulations, Internal port of a rule entitled ‘‘Section 411(d)(6) Pro- Area, Control 1487L; AK’’ ((RIN2120– Revenue Service, Department of the Treas- tected Benefits’’ ((RIN1545-BE10)(TD9280)) re- AA66)(Docket No. 06–AAL–8)) received on Au- ury, transmitting, pursuant to law, the re- ceived on August 8, 2006; to the Committee gust 2, 2006; to the Committee on Commerce, port of a rule entitled ‘‘GO Zone Bonus De- on Finance. Science, and Transportation.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00061 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17138 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 EC–7903. A communication from the Pro- August 2, 2006; to the Committee on Com- EC–7919. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–7911. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Removal of Class D and E Airspace tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Empresa at Roosevelt Roads PR. The Roosevelt Roads mitting, pursuant to law, the report of a rule Brasileira del Aeronautica SA, Model EMB– Naval Station, Ofstie Field, PR’’ ((RIN2120– entitled ‘‘Airworthiness Directives; 120, –120ER, –120FC, –120OC, and –120RT Air- AA66)(Docket No. 06–ASO–5)) received on Au- DORNIER LUFTFAHRT GmbH Models 228– planes’’ ((RIN2120–AA64)(Docket No. 2006– gust 2, 2006; to the Committee on Commerce, 100, 228–101, 282–200, 228–201, 229–202, and 228– NM–015)) received on August 2, 2006; to the Science, and Transportation. 212 Airplanes’’ ((RIN2120–AA64)(Docket No. Committee on Commerce, Science, and EC–7904. A communication from the Pro- 2006–CE–21)) received on August 2, 2006; to Transportation. gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and EC–7920. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–7912. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Van- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule denberg AFB, CA’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing No. 06–AWP–3)) received on August 2, 2006; to mitting, pursuant to law, the report of a rule Model 737–200C Series Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Engine AA64)(Docket No. 2005–NM–166)) received on Transportation. Components Incorporated Reciprocating En- August 2, 2006; to the Committee on Com- EC–7905. A communication from the Pro- gine Cylinder Assemblies’’ ((RIN2120– merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2005–NE–20)) received on EC–7921. A communication from the Pro- tion, Department of Transportation, trans- August 2, 2006; to the Committee on Com- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Amendment of Class D Airspace at EC–7913. A communication from the Pro- mitting, pursuant to law, the report of a rule Pompano Beach FL, Fort Lauderdale Execu- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bom- tive Airport, FL’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- bardier Model DHC–8–102, –103, –106 , –202, No. 06–ASO–6)) received on August 2, 2006; to mitting, pursuant to law, the report of a rule –301, –311, –314, and –315 Airplanes; Equipped the Committee on Commerce, Science, and entitled ‘‘Revision of Class E Airspace; with Certain Cockpit Door Installations’’ Transportation. Herlong, CA’’ ((RIN2120–AA66)(Docket No. 04– ((RIN2120–AA64)(Docket No. 2006–NM–033)) EC–7906. A communication from the Pro- ANM–24)) received on August 2, 2006; to the received on August 2, 2006; to the Committee gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and on Commerce, Science, and Transportation. EC–7922. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–7914. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Pacific gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Aerospace Corp. Ltd. Model 750 XL Air- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing planes’’ ((RIN2120–AA64)(Docket No. 2005–CE– mitting, pursuant to law, the report of a rule Model 737–600, –700, –700C, –800, and –900 Se- 15)) received on August 2, 2006; to the Com- entitled ‘‘Airworthiness Directives; Airbus ries Airplanes’’ ((RIN2120–AA64)(Docket No. mittee on Commerce, Science, and Transpor- Model A300 B2 and A300 B4 Series Airplanes; 2004–NM–243)) received on August 2, 2006; to tation. A300 B4–600, B4–600R, and F4–600R Series Air- the Committee on Commerce, Science, and EC–7907. A communication from the Pro- planes; and Model C4–605R Variant F Air- Transportation. gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. 2003– EC–7923. A communication from the Pro- tion, Department of Transportation, trans- NM–27)) received on August 2, 2006; to the gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Transportation. mitting, pursuant to law, the report of a rule Model 737–300, 400, 500, 700, and 800 Series Air- EC–7915. A communication from the Pro- entitled ‘‘Airworthiness Directives; Goodrich planes; Model 747-400 and 400F Series Air- gram Analyst, Federal Aviation Administra- Evacuation Systems Approved Under Tech- planes; Model 757–200 Series Airplanes, Model tion, Department of Transportation, trans- nical Standard Order TSO–C69b and Installed 767–300 Series Airplanes; and Model 777–300 mitting, pursuant to law, the report of a rule on Airbus Model A330–200 and –300 Series Air- Series Airplanes Equipped with Certain entitled ‘‘Airworthiness Directives; Airbus planes, Model A340–200 and –300 Series Air- Driessen or Showa Galleys or Driessen Clos- Model A300 B4–600R Series Airplanes, A300 planes, and Model A340–541 and –642 Air- ets’’ ((RIN2120–AA64)(Docket No. 2005–NM– C4–605R Variant F Airplanes; A300 F4–600R planes’’ ((RIN2120–AA64)(Docket No. 2005– 056)) received on August 2, 2006; to the Com- Series Airplanes; and Model A310–300 Series NM–229)) received on August 2, 2006; to the mittee on Commerce, Science, and Transpor- Airplanes’’ ((RIN2120–AA64)(Docket No. 2005– Committee on Commerce, Science, and tation. NM–241)) received on August 2, 2006; to the Transportation. EC–7908. A communication from the Pro- Committee on Commerce, Science, and EC–7924. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–7916. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Model A300 B4 Series Airplanes, Model A300 mitting, pursuant to law, the report of a rule Model 747–400 Series Airplanes’’ ((RIN2120– B4 600 Series Airplanes; Model A300 C4 605R entitled ‘‘Airworthiness Directives; Boeing AA64)(Docket No. 2005–NM–150)) received on Variant F Airplanes; Model A310 200 Series Model 747–100, 100B, 100B SUD, 200B, 200C, 300, August 2, 2006; to the Committee on Com- Airplanes; and Model A310 300 Series Air- 400, 400D, and 747–SR Series Airplanes’’ merce, Science, and Transportation. planes’’ ((RIN2120–AA64)(Docket No. 2006– ((RIN2120–AA64)(Docket No. 2005–NM–244)) EC–7925. A communication from the Pro- NM–012)) received on August 2, 2006; to the received on August 2, 2006; to the Committee gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and on Commerce, Science, and Transportation. tion, Department of Transportation, trans- Transportation. EC–7917. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–7909. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; BAE gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Systems Limited Model BAE 146 and Avro tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Bom- No. 2005–NM–163)) received on August 2, 2006; entitled ‘‘Airworthiness Directives; Boeing bardier Model DHC–8–400 Series Airplanes’’ to the Committee on Commerce, Science, Model 767–200 and 300 Series Airplanes’’ ((RIN2120–AA64)(Docket No. 2006–NM–022)) and Transportation. ((RIN2120–AA64)(Docket No. 2005–NM–151)) received on August 2, 2006; to the Committee EC–7926. A communication from the Sec- received on August 2, 2006; to the Committee on Commerce, Science, and Transportation. retary of Transportation, transmitting, pur- on Commerce, Science, and Transportation. EC–7918. A communication from the Pro- suant to law, a report relative to the estab- EC–7910. A communication from the Pro- gram Analyst, Federal Aviation Administra- lishment of an Intelligent Transportation gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Systems (ITS) Program Advisory Com- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mittee; to the Committee on Commerce, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Ham- Science, and Transportation. entitled ‘‘Airworthiness Directives; ilton Sundstrand Model 14RF–19 Propellers’’ EC–7927. A communication from the Under Eurocopter France Model AS350B, BA, B1, ((RIN2120–AA64)(Docket No. 2005–NE–13)) re- Secretary of Commerce for Intellectual B2, B3, C, D, and D1 Helicopters’’ ((RIN2120– ceived on August 2, 2006; to the Committee Property, and Director, Patent and Trade- AA64)(Docket No. 2005–SW–03)) received on on Commerce, Science, and Transportation. mark Office, transmitting, pursuant to law,

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00062 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17139 the report of a rule entitled ‘‘Clarification of to the Committee on Commerce, Science, NM–115)) received on August 18, 2006; to the Filing Date Requirements for Ex Parte and and Transportation. Committee on Commerce, Science, and Inter Partes Reexamination Proceedings’’ EC–7936. A communication from the Pro- Transportation. (RIN0651–AC02) received on August 8, 2006; to gram Analyst, Federal Aviation Administra- EC–7944. A communication from the Pro- the Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–7928. A communication from the Pro- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Procedures (54); Amdt. No. 3176’’ (RIN2120– entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- AA65) received on August 18, 2006; to the Royce Corporation 250–B and 250–C Series mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and Turboprop and Turboshaft Engines’’ entitled ‘‘Airworthiness Directives; Airbus Transportation. ((RIN2120–AA64) (Docket No. 2005–NE–28)) re- Model A319, A320, and A321 Airplanes’’ EC–7937. A communication from the Pro- ceived on August 18, 2006; to the Committee ((RIN2120–AA64) (Docket No. 2006–NM–011)) gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. received on August 18, 2006; to the Com- tion, Department of Transportation, trans- EC–7945. A communication from the Pro- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tation. entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- EC–7929. A communication from the Pro- Procedures (67); Amdt. No. 3177’’ ((RIN2120– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- AA65) (7–21/3177)) received on August 18, 2006; entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- to the Committee on Commerce, Science, Model 757 Airplanes’’ ((RIN2120–AA64) (Dock- mitting, pursuant to law, the report of a rule and Transportation. et No. 2004–NM–197)) received on August 18, entitled ‘‘Airworthiness Directives; Short EC–7938. A communication from the Pro- 2006; to the Committee on Commerce, Brothers Model SD3 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- Science, and Transportation. AA64) (Docket No. 2005–NM–190)) received on tion, Department of Transportation, trans- EC–7946. A communication from the Pro- August 18, 2006; to the Committee on Com- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- EC–7930. A communication from the Pro- Raytheon Aircraft Company 65, 90, 99, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 100 Series Airplanes’’ ((RIN2120–AA64) (Dock- entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- et No. 2005–CE–52)) received on August 18, Brasileira de Aeronautica S.A. Model ERJ mitting, pursuant to law, the report of a rule 2006; to the Committee on Commerce, 170 Airplanes’’ ((RIN2120–AA64) (Docket No. entitled ‘‘Airworthiness Directives; COR- Science, and Transportation. 2006–NM–057)) received on August 18, 2006; to RECTION: Boeing Model 757–200 Series Air- EC–7939. A communication from the Pro- the Committee on Commerce, Science, and planes; Modified by Supplemental Type Cer- gram Analyst, Federal Aviation Administra- Transportation. EC–7947. A communication from the Pro- tificate (STC) SA979NE’’ ((RIN2120–AA64) (7– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- 13/NM–099)) received on August 18, 2006; to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Pilatus mitting, pursuant to law, the report of a rule Transportation. Aircraft Ltd. Models PC–6, PC–6–H1, PC–6– entitled ‘‘Airworthiness Directives; Boeing EC–7931. A communication from the Pro- H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/ Model 727–200 Series Airplanes Equipped with gram Analyst, Federal Aviation Administra- A, PC–6/A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/ a No. 3 Cargo Door’’ ((RIN2120–AA64) (Docket tion, Department of Transportation, trans- B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, No. 2002–NM–272)) received on August 18, 2006; mitting, pursuant to law, the report of a rule and PC–6/C1–H2 Airplanes’’ ((RIN2120–AA64) to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Airbus (Docket No. 2006–CE–16)) received on August and Transportation. Model A300 B2 and A300 B4 Series Airplanes; 18, 2006; to the Committee on Commerce, EC–7948. A communication from the Pro- and Model A300 B4–600, B4–600R, and F4–600R Science, and Transportation. gram Analyst, Federal Aviation Administra- Series Airplanes, and Model C4–605R Variant EC–7940. A communication from the Pro- tion, Department of Transportation, trans- F Airplanes’’ ((RIN2120–AA64) (Docket No. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule 2004–NM–72) received on August 18, 2006; to tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Pacific the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Aerospace Corporation Ltd. Model 750XL Transportation. entitled ‘‘Airworthiness Directives; Pilatus Airplanes’’ ((RIN2120–AA64) (Docket No. 2006– EC–7932. A communication from the Assist- Aircraft Ltd. Models PC–6, PC–6–H1, PC–6– CE–02)) received on August 18, 2006; to the ant Chief Counsel for Hazmat Safety, Pipe- H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/ Committee on Commerce, Science, and line and Hazardous Materials Safety Admin- A, PC–6/A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/ Transportation. istration, Department of Transportation, B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, EC–7949. A communication from the Pro- transmitting, pursuant to law, the report of and PC–6/C1–H2 Airplanes’’ ((RIN2120–AA64) gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Hazardous Materials: Incor- (Docket No. 2006–CE–17)) received on August tion, Department of Transportation, trans- poration of Statutorily Mandated Revisions 18, 2006; to the Committee on Commerce, mitting, pursuant to law, the report of a rule to the Hazardous Materials Regulations; Cor- Science, and Transportation. entitled ‘‘Airworthiness Directives; General rection’’ (RIN2137–AE12) received on August EC–7941. A communication from the Pro- Machine—Diecron, Inc. Actuator Nut Assem- 18, 2006; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- bly for the Right Main Landing Gear In- Science, and Transportation. tion, Department of Transportation, trans- stalled on Certain Raytheon Aircraft Com- EC–7933. A communication from the Pro- mitting, pursuant to law, the report of a rule pany Airplanes’’ ((RIN2120–AA64) (Docket gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; McDon- No. 2005–CE–53)) received on August 18, 2006; tion, Department of Transportation, trans- nell Douglas Model MD–11 and MD–11F Air- to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64) (Docket No. 2005– and Transportation. entitled ‘‘Standard Instrument Approach NM–147)) received on August 18, 2006; to the EC–7950. A communication from the Pro- Procedures (19); Amdt. No. 3173’’ (RIN2120– Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- AA65) received on August 18, 2006; to the Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–7942. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing EC–7934. A communication from the Pro- tion, Department of Transportation, trans- Model 737 Airplanes’’ ((RIN2120–AA64) (Dock- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule et No. 2006–NM–117)) received on August 18, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing 2006; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Model 742–400 and 747–400D Series Airplanes’’ Science, and Transportation. entitled ‘‘Standard Instrument Approach ((RIN2120–AA64) (Docket No. 2005–NM–248)) EC–7951. A communication from the Pro- Procedures (62); Amdt. No. 3174’’ (RIN2120– received on August 18, 2006; to the Com- gram Analyst, Federal Aviation Administra- AA65) received on August 18, 2006; to the mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Committee on Commerce, Science, and tation. mitting, pursuant to law, the report of a rule Transportation. EC–7943. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing EC–7935. A communication from the Pro- gram Analyst, Federal Aviation Administra- Model 777–200, –300, and –300ER Series Air- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (Docket No. 2005– tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule NM–262)) received on August 18, 2006; to the mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach Model A330–200, A330–300, A340–200 and A340– Transportation. Procedures (57); Amendment No. 3175’’ 300 Series Airplanes; and Model A340–541, and EC–7952. A communication from the Acting (RIN2120–AA65) received on August 18, 2006; A340–642 Airplanes’’ ((RIN2120–AA64) (6–22/ Secretary of Transportation, transmitting,

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00063 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17140 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 pursuant to law, a report relative to the fi- Programs, Office of Sustainable Fisheries, States Coast Guard, Department of Home- nancial performance of projects assisted by Department of Commerce, transmitting, pur- land Security, transmitting, pursuant to the Transportation Infrastructure Finance suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Draw- and Innovation Act of 1998; to the Committee ‘‘Final Rule to Implement Framework Ad- bridge Operations (including 4 regulations on Commerce, Science, and Transportation. justment 6 to the Summer Flounder, Scup, beginning with CGD01–06–019’’ (RIN1625– EC–7953. A communication from the Pro- and Black Sea Bass Fishery Management AA09) received on August 18, 2006; to the gram Analyst, Federal Aviation Administra- Plan’’ (RIN0648–AT26) received on August 18, Committee on Commerce, Science, and tion, Department of Transportation, trans- 2006; to the Committee on Commerce, Transportation . mitting, pursuant to law, the report of a rule Science, and Transportation. EC¥7972. A communication from the Chief, entitled ‘‘Airworthiness Directives; Boeing EC–7962. A communication from the Acting Regulations and Administrative Law, United Model 727 Airplanes’’ ((RIN2120–AA64) (Dock- Director, Office of Sustainable Fisheries, De- States Coast Guard, Department of Home- et No. 2006–NM–006)) received on August 18, partment of Commerce, transmitting, pursu- land Security, transmitting, pursuant to 2006; to the Committee on Commerce, ant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Security Science, and Transportation. ‘‘Temporary Rule; Inseason Adjustment (2006 Zone, Mackinac Bridge and Straits of Mack- EC–7954. A communication from the Chief Scup Winter II Quota)’’ (ID071306A) received inac, Mackinaw City, MI (CGD09–06–019)’’ of the Policy and Rules Division, Office of on August 18, 2006; to the Committee on (RIN1625–AA87) received on August 18, 2006; Engineering and Technology, Federal Com- Commerce, Science, and Transportation. to the Committee on Commerce, Science, munications Commission, transmitting, pur- EC–7963. A communication from the Acting and Transportation. suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- EC¥7973. A communication from the Chief, ‘‘Amendment of Part 15 Regarding New Re- partment of Commerce, transmitting, pursu- Regulations and Administrative Law, United quirements and Measurement Guidelines for ant to law, the report of a rule entitled States Coast Guard, Department of Home- Access Broadband Over Power Line Sys- ‘‘Temporary Rule; Inseason Bluefish Quota land Security, transmitting, pursuant to tems’’ (Docket No. 04–37 & 03–104) received on Transfer from VA to NY’’ (ID071906C) re- law, the report of a rule entitled ‘‘Security August 18, 2006; to the Committee on Com- ceived on August 18, 2006; to the Committee Zones; Captain of the Port Zone Jackson- merce, Science, and Transportation. on Commerce, Science, and Transportation. ville, FL [COTP Jacksonville 06–164]’’ EC–7955. A communication from the Legal EC–7964. A communication from the Dep- (RIN1625–AA87) received on August 18, 2006; Advisor to the Bureau Chief, Media Bureau, uty Assistant Secretary for Export Adminis- to the Committee on Commerce, Science, Federal Communications Commission, trans- tration, Bureau of Industry and Security, and Transportation. ¥ mitting, pursuant to law, the report of a rule U.S. Department of Commerce, transmitting, EC 7974. A communication from the Chief, entitled ‘‘Amendment of Section 73.202(b), pursuant to law, the report of a rule entitled Regulations and Administrative Law, United Table of Allotments, FM Broadcast Stations ‘‘Revisions to the Export Administration States Coast Guard, Department of Home- (Brawley and Campo, California)’’ (MB Dock- Regulations Based on the 2005 Missile Tech- land Security, transmitting, pursuant to et No . 05–219) received on August 18, 2006; to nology Control Regime Plenary Agree- law, the report of a rule entitled ‘‘Special the Committee on Commerce, Science, and ments’’ (RIN0694–AD65) received on August Local Regulations (including 5 regulations Transportation. 18, 2006; to the Committee on Commerce, beginning with CGD05–06–057)’’ (RIN1625– EC–7956. A communication from the Legal Science, and Transportation. AA08) received on August 18, 2006; to the Advisor to the Bureau Chief, Media Bureau, EC–7965. A communication from the White Committee on Commerce, Science, and Federal Communications Commission, trans- House Liaison, Office of Legislative and Transportation. mitting, pursuant to law, the report of a rule EC¥7975. A communication from the Chief, Intergovernmental Affairs, Department of entitled ‘‘Amendment of Section 73.202(b), Regulations and Administrative Law, United Commerce, transmitting, pursuant to law, Table of Allotments, FM Broadcast Stations States Coast Guard, Department of Home- the report of a nomination for the position of (Willcox, Arizona)’’ (MB Docket No. 04–84) re- land Security, transmitting, pursuant to Assistant Secretary for Legislative and ceived on August 18, 2006; to the Committee law, the report of a rule entitled ‘‘Special Intergovernmental Affairs, received on Au- on Commerce, Science, and Transportation. Local Regulations (including 2 regulations gust 18, 2006; to the Committee on Com- EC–7957. A communication from the Legal beginning with CGD05–06–037)’’ (RIN1625– merce, Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, AA08) received on August 18, 2006; to the EC–7966. A communication from the Sec- Federal Communications Commission, trans- Committee on Commerce, Science, and retary, Federal Trade Commission, transmit- mitting, pursuant to law, the report of a rule Transportation. entitled ‘‘Amendment of Section 73.202(b), ting, pursuant to law, the annual report rel- EC¥7976. A communication from the Chief, Table of Allotments, FM Broadcast Stations ative to the operation of the National Do Regulations and Administrative Law, United (Savanna, Oklahoma)’’ (MB Docket No. 05– Not Call Registry for fiscal year 2005; to the States Coast Guard, Department of Home- 297) received on August 18, 2006; to the Com- Committee on Commerce, Science, and land Security, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Transportation. law, the report of a rule entitled ‘‘Draw- tation. EC–7967. A communication from the Attor- bridge Operations (including 9 regulations EC–7958. A communication from the Acting ney Advisor, Office of the Inspector General, beginning with CGD01–06–089)’’ (RIN1625– Director, Office of Sustainable Fisheries, De- Department of Transportation, transmitting, AA09) received on August 18, 2006; to the partment of Commerce, transmitting, pursu- pursuant to law, the report of a nomination Committee on Commerce, Science, and ant to law, the report of a rule entitled for the position of Inspector General, re- Transportation. ‘‘Fisheries of the Exclusive Economic Zone ceived on August 18, 2006; to the Committee EC¥7977. A communication from the Chief, Off Alaska; Yellowfin Sole in the Bering Sea on Commerce, Science, and Transportation. Regulations and Administrative Law, United and Aleutian Islands Management Area’’ EC¥7968. A communication from the Un- States Coast Guard, Department of Home- (ID071806A) received on August 18, 2006; to dersecretary of Commerce for Oceans and At- land Security, transmitting, pursuant to the Committee on Commerce, Science, and mosphere, Department of Commerce, trans- law, the report of a rule entitled ‘‘Safety Transportation. mitting, pursuant to law, the 2006 Annual Zones (including 9 regulations beginning EC–7959. A communication from the Acting Report of the National Oceanographic Part- with CGD13–06–025)’’ (RIN1625–AA00) received Director, Office of Sustainable Fisheries, De- nership Program; to the Committee on Com- on August 18, 2006; to the Committee on partment of Commerce, transmitting, pursu- merce, Science, and Transportation. Commerce, Science, and Transportation. ant to law, the report of a rule entitled EC¥7969. A communication from the Pro- EC¥7978. A communication from the Chief, ‘‘Nantucket Lightship Scallop Access Area gram Analyst, National Highway Safety Ad- Regulations and Administrative Law, United (NLCA) Closure for Scallop Vessels’’ ministration, Department of Transportation, States Coast Guard, Department of Home- (RIN0648–AU47) received on August 18, 2006; transmitting, pursuant to law, the report of land Security, transmitting, pursuant to to the Committee on Commerce, Science, a rule entitled ‘‘Schedule of Fees Authorized law, the report of a rule entitled ‘‘Navigation and Transportation. by 49 U.S.C. 30141’’ (RIN2127–AJ87) received and Navigable Waters; Technical, Organiza- EC–7960. A communication from the Dep- on August 18, 2006; to the Committee on tional, and Conforming Amendments (USCG– uty Assistant Administrator for Regulatory Commerce, Science, and Transportation. 2006–25150)’’ (RIN1625–ZA08) received on Au- Programs, Office of Sustainable Fisheries, EC¥7970. A communication from the White gust 18, 2006; to the Committee on Com- Department of Commerce, transmitting, pur- House Liaison, Bureau of Industry and Secu- merce, Science, and Transportation. suant to law, the report of a rule entitled rity, Department of Commerce, transmit- EC¥7979. A communication from the Sec- ‘‘Final Rule to Implement Amendment 21 to ting, pursuant to law, the report of a nomi- retary to the Board, Railroad Retirement the FMP for BSAI King and Tanner Crabs’’ nation for the position of Assistant Sec- Board, transmitting, pursuant to law, a draft (RIN0648–AU37) received on August 18, 2006; retary for Export Administration, received of its Strategic Plan for 2006–2011; to the to the Committee on Commerce, Science, on August 18, 2006; to the Committee on Committee on Health, Education, Labor, and and Transportation. Commerce, Science, and Transportation. Pensions. EC–7961. A communication from the Dep- EC¥7971. A communication from the Chief, EC¥7980. A communication from the Di- uty Assistant Administrator for Regulatory Regulations and Administrative Law, United rector, Regulations Policy and Management

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00064 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17141 Staff, Department of Health and Human transmitting, pursuant to law, the report of the national emergency with respect to Cote Services, transmitting, pursuant to law, the a vacancy in the position of Assistant Sec- d’Ivoire that was declared in Executive Order report of a rule entitled ‘‘Cold, Cough, Al- retary, received on August 18, 2006; to the 13396 of February 7, 2006; to the Committee lergy, Bronchodilator, and Antiasthmatic Committee on Health, Education, Labor, and on Banking, Housing, and Urban Affairs. Drug Products for Over-the-Counter Human Pensions. EC–8001. A communication from the Assist- Use; Amendment of Monograph for OTC De- EC–7991. A communication from the Assist- ant to the Board, Division of Consumer and congestant Drug Products’’ ((RIN0910–AF34) ant General Counsel for Regulations, Office Community Affairs, Board of Governors of (Docket No. 1976N–0052N)) received on Au- of Special Education and Rehabilitative the Federal Reserve System, transmitting, gust 15, 2006; to the Committee on Health, Services, Department of Education, trans- pursuant to law, the report of a rule entitled Education, Labor, and Pensions. mitting, pursuant to law, the report of a rule ‘‘Regulation Z (Truth in Lending)’’ (Docket EC¥7981. A communication from the Sec- entitled ‘‘Special Demonstration Programs— No. 1263) received on August 18, 2006; to the retary of Health and Human Services, trans- Model Demonstrations for Assistive Tech- Committee on Banking, Housing, and Urban mitting, pursuant to law, a report relative to nology Reutilization’’ (CFDA No. 84.235V) re- Affairs. the addition of a class of employees from the ceived on August 18, 2006; to the Committee EC–8002. A communication from the Chair- Ames Laboratory to the Special Exposure on Health, Education, Labor, and Pensions. man and President of the Export-Import Cohort; to the Committee on Health, Edu- EC–7992. A communication from the Acting Bank of the United States, transmitting, cation, Labor, and Pensions. Director, Occupational Safety and Health pursuant to law, a report relative to a trans- EC¥7982. A communication from the Sec- Administration, Department of Labor, trans- action involving U.S. exports to Mexico; to retary of Health and Human Services, trans- mitting, pursuant to law, the report of a rule the Committee on Banking, Housing, and mitting, pursuant to law, a report relative to entitled ‘‘Assigned Protection Factors’’ Urban Affairs. the addition of a certain class of employees (RIN1218–AA05) received on August 18, 2006; EC–8003. A communication from the Acting from the Y–12 Plant in Oakridge, Tennessee, to the Committee on Health, Education, Associate Director, Office of Foreign Assets to the Special Exposure Cohort; to the Com- Labor, and Pensions. Control, Department of the Treasury, trans- mittee on Health, Education, Labor, and EC–7993. A communication from the Assist- mitting, pursuant to law, the report of a rule Pensions. ant Secretary, Division of Corporation Fi- entitled ‘‘Iranian Transactions Regulations’’ EC¥7983. A communication from the Sec- nance, Securities and Exchange Commission, (31 CFR part 560) received on August 18, 2006; retary of Health and Human Services, trans- transmitting, pursuant to law, the report of to the Committee on Banking, Housing, and mitting, pursuant to law, the final report a rule entitled ‘‘Executive Compensation and Urban Affairs. mandated by section 5006 of the Deficit Related Party Disclosure’’ (RIN3235–AI80) re- EC–8004. A communication from the Chief Reducation Act of 2005; to the Committee on ceived on August 15, 2006; to the Committee Counsel, Bureau of Public Debt, Department Health, Education, Labor, and Pensions. on Banking, Housing, and Urban Affairs. of Treasury, transmitting, pursuant to law, EC¥7984. A communication from the As- EC–7994. A communication from the Gen- the report of a rule entitled ‘‘31 CFR Parts sistant General Counsel for Regulations, Of- eral Counsel, National Credit Union Admin- 315, 341, 346, 351, 352, 353, 359, and 360; Regula- fice of Special Education and Rehabilitative istration, transmitting, pursuant to law, the tions Governing U.S. Savings Bonds, Series Services, Department of Education, trans- report of a rule entitled ‘‘12 CFR Part 701— A, B, C, D, E, F, G, H, J, and K, and U.S. Sav- mitting, pursuant to law, the report of a rule Loan Interest Rates’’ (RIN3133–AD26) re- ings Notes; Regulations Governing United entitled ‘‘Assistance to States for the Edu- ceived on August 15, 2006; to the Committee States Retirement Plan Bonds; Regulations cation of Children With Disabilities and Pre- on Banking, Housing, and Urban Affairs. Governing United States Individual Retire- school Grants for Children With Disabilities’’ EC–7995. A communication from the Gen- ment Bonds; Offering of United States Sav- (RIN1820–AB57) received on August 18, 2006; eral Counsel, National Credit Union Admin- ings Bonds, Series EE; Offerings of United to the Committee on Health, Education, istration, transmitting, pursuant to law, the States Savings Bonds, Series HH; Regula- Labor, and Pensions. report of a rule entitled ‘‘Organization and tions Governing United States Savings EC¥7985. A communication from Railroad Operations of Federal Credit Unions, Inter- Bonds, Series EE and HH; Offering of United Retirement Board, transmitting, pursuant to pretive Ruling and Policy Statement 06–1’’ States Savings Bond, Series I; Regulations law, the Board’s 2006 annual report for the (12 CFR Part 701) received on August 15, 2006; Governing Definitive United States Savings fiscal year ended September 30, 2005; to the to the Committee on Banking, Housing, and Bonds, Series I’’ received on August 18, 2006; Committee on Health, Education, Labor, and Urban Affairs. to the Committee on Banking, Housing, and Pensions. EC–7996. A communication from the Chair- Urban Affairs. EC¥7986. A communication from the Sec- man and President, Export-Import Bank of EC–8005. A communication from the Attor- retary of Health and Human Services, trans- the United States, transmitting, pursuant to ney, Office of Assistant General Counsel for mitting, pursuant to law, the report on the law, a report relative to a transaction in- Legislation and Regulatory Law, Office of Developmental Disabilities Programs for volving U.S. exports to Canada; to the Com- Energy Efficiency and Renewable Energy, Fiscal Years 2003–2004; to the Committee on mittee on Banking, Housing, and Urban Af- Department of Energy, transmitting, pursu- Health, Education, Labor, and Pensions. fairs. ant to law, the report of a rule entitled ‘‘Re- EC¥7987. A communication from the Act- EC–7997. A communication from the Presi- newable Energy Production Incentives’’ ing Executive Director, Pension Benefit dent, Federal Financing Bank, transmitting, (RIN1904–AB62) received on August 15, 2006; Guaranty Corporation, transmitting, pursu- pursuant to law, the management report of to the Committee on Energy and Natural Re- ant to law, the report of a rule entitled ‘‘Du- the bank for fiscal years 2004 and 2005 and sources. ties of Plan Sponsor Following Mass With- the independent auditor’s report on the EC–8006. A communication from the Assist- drawal’’ (RIN1212–AA55) received on August bank’s financial statements for 2004 and 2005; ant Secretary, Energy Efficiency and Renew- 18, 2006; to the Committee on Health, Edu- to the Committee on Banking, Housing, and able Energy, Department of Energy, trans- cation, Labor, and Pensions. Urban Affairs. mitting, pursuant to law, the first semi-an- EC¥7988. A communication from the Di- EC–7998. A communication from the Fed- nual report relative to the implementation rector, Regulations Policy and Management eral Register Certifying Officer, Financial of energy conservation standards; to the Staff, Department of Health and Human Management Service, Department of the Committee on Energy and Natural Re- Services, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the sources. report of a rule entitled ‘‘Listing of Color report of a rule entitled ‘‘Management of EC–8007. A communication from the Sec- Additives Exempt From Certification; Mica- Federal Agency Disbursements’’ (RIN1510– retary of Energy, transmitting, pursuant to Based Pearlescent Pigments’’ (Docket No. AB07) received on August 2, 2006; to the Com- law, a report relative to planning for U.S. fu- 1998C–0431) received on August 18, 2006; to the mittee on Banking, Housing, and Urban Af- sion community participation in the ITER Committee on Health, Education, Labor, and fairs. Program; to the Committee on Energy and Pensions. EC–7999. A communication from the Sec- Natural Resources. EC¥7989. A communication from the White retary, Office of the Chief Accountant, Secu- EC–8008. A communication from the Gen- House Liaison, Office of Communications rities and Exchange Commission, transmit- eral Counsel, Federal Energy Regulatory and Outreach, Department of Education, ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of titled ‘‘Rule 11 of the Commission’s Informal the report of a rule entitled ‘‘Long-Term a vacancy and the designation of an acting and Other Procedures; Public Company Ac- Firm Transmission Rights in Organized Elec- officer for the position of Assistant Sec- counting Oversight Board Budget Approval tricity Markets’’ (Docket No. RM06–8–000) re- retary, received on August 18, 2006; to the Process’’ (RIN3235–AJ63) received on August ceived on August 2, 2006; to the Committee Committee on Health, Education, Labor, and 8, 2006; to the Committee on Banking, Hous- on Energy and Natural Resources. Pensions. ing, and Urban Affairs. EC–8009. A communication from the Sec- EC¥7990. A communication from the White EC–8000. A communication from the Sec- retary of Energy, transmitting, pursuant to House Liaison, Office of Communications retary of the Treasury, transmitting, pursu- law, a report relative to the performance and Outreach, Department of Education, ant to law, the six-month periodic report on milestones for the 2020 Goals for the Clean

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00065 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17142 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 Coal Power Initiative; to the Committee on report of a rule entitled ‘‘Organization; Ter- EC–8031. A communication from the Prin- Energy and Natural Resources. mination of System Institution Status’’ cipal Deputy Associate Administrator, Envi- EC–8010. A communication from the Sec- (RIN3052–AC29) received on August 8, 2006; to ronmental Protection Agency, transmitting, retary of Energy, transmitting, pursuant to the Committee on Agriculture, Nutrition, pursuant to law, the report of a rule entitled law, a report relative to the research and de- and Forestry. ‘‘Isophorone; Exemption from the Require- velopment needs for the electric trans- EC–8022. A communication from the Execu- ment of a Tolerance’’ (FRL No. 8082–1) re- missions and distribution system; to the tive Director of the Commodity Futures ceived on August 3, 2006; to the Committee Committee on Energy and Natural Re- Trading Commission, transmitting, pursuant on Agriculture, Nutrition, and Forestry. sources. to law, the report of a rule entitled ‘‘Rec- EC–8032. A communication from the Prin- EC–8011. A communication from the Sec- ognition of Multilateral Clearing Organiza- cipal Deputy Associate Administrator, Envi- retary of Energy, transmitting, pursuant to tions’’ (71 FR 10958) received on August 18, ronmental Protection Agency, transmitting, law, a report relative to the Department’s 2006; to the Committee on Agriculture, Nu- pursuant to law, the report of a rule entitled study of national electric transmission con- trition, and Forestry. ‘‘Bifenthrin; Pesticide Tolerance’’ (FRL No. gestion; to the Committee on Energy and EC–8023. A communication from the Execu- 8081–7) received on August 15, 2006; to the Natural Resources. tive Director of the Commodity Futures Committee on Agriculture, Nutrition, and EC–8012. A communication from the Direc- Trading Commission, transmitting, pursuant Forestry. tor, Minerals Management Service, Depart- to law, the report of a rule entitled ‘‘Market EC–8033. A communication from the Prin- ment of the Interior, transmitting, pursuant and Large Trading Reporting’’ (RIN3038– cipal Deputy Associate Administrator, Envi- to law, a report relative to bringing gas hy- AC22) received on August 18, 2006 to the Com- ronmental Protection Agency, transmitting, drates to the market; to the Committee on mittee on Agriculture, Nutrition, and For- pursuant to law, the report of a rule entitled Energy and Natural Resources. estry. ‘‘Copper Sulfate Pentahydrate; Tolerance EC–8013. A communication from the Sec- EC–8024. A communication from the Direc- Exemption in or on Various Food and Feed retary of Energy, transmitting, pursuant to tor of the Regulatory Review Group, Farm Commodities’’ (FRL No. 8085–3) received on law, a report relative to the re-use of used Service Agency, Department of Agriculture, August 15, 2006; to the Committee on Agri- lubricating oils; to the Committee on Energy transmitting, pursuant to law, the report of culture, Nutrition, and Forestry. and Natural Resources. a rule entitled ‘‘Guaranteed Loans—Retain- EC–8034. A communication from the Prin- EC–8014. A communication from the Sec- ing PLP Status and Payment of Interest Ac- cipal Deputy Associate Administrator, Envi- retary of Energy, transmitting, pursuant to crued During Bankruptcy and Redemption ronmental Protection Agency, transmitting, law, a report relative to hydrogen program Rights Periods’’ (RIN0560–AH07) received on pursuant to law, the report of a rule entitled goal-setting methodologies; to the Com- August 15, 2006; to the Committee on Agri- ‘‘Imidacloprid; Pesticide Tolerances’’ (FRL mittee on Energy and Natural Resources. culture, Nutrition, and Forestry. No. 8081–8) received on August 15, 2006; to the EC–8015. A communication from the Sec- EC–8025. A communication from the Prin- Committee on Agriculture, Nutrition, and retary of Energy, transmitting, pursuant to cipal Deputy Associate Administrator, Envi- Forestry. law, a report relative to the benefits of using ronmental Protection Agency, transmitting, EC–8035. A communication from the Prin- mobile transformers and mobile substations pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- to rapidly restore electrical service to cer- ‘‘Azoxystrobin; Pesticide Tolerance’’ (FRL ronmental Protection Agency, transmitting, tain areas subjected to blackouts; to the No. 8086–9) received on August 15, 2006; to the pursuant to law, the report of a rule entitled Committee on Energy and Natural Re- Committee on Agriculture, Nutrition, and ‘‘Lepidopteran Pheromones; Exemption from sources. Forestry. the Requirement of a Tolerance’’ (FRL No. EC–8016. A communication from the Chair- EC–8026. A communication from the Prin- 8083–8) received on August 15, 2006; to the man of the Federal Energy Regulatory Com- cipal Deputy Associate Administrator, Envi- Committee on Agriculture, Nutrition, and mission, transmitting, pursuant to law, a re- ronmental Protection Agency, transmitting, Forestry. port relative to the assessment of demand re- pursuant to law, the report of a rule entitled EC–8036. A communication from the Prin- sponse and advanced metering; to the Com- ‘‘Dimethenamid; Pesticide Tolerance’’ (FRL cipal Deputy Associate Administrator, Envi- mittee on Energy and Natural Resources. No. 8079–3) received on August 15, 2006; to the ronmental Protection Agency, transmitting, EC–8017. A communication from the Attor- Committee on Agriculture, Nutrition, and pursuant to law, the report of a rule entitled ney, Office of Assistant General Counsel for Forestry. ‘‘Pesticide Management and Disposal; Stand- Legislation and Regulatory Law, Depart- EC–8027. A communication from the Prin- ards for Pesticide Containers and Contain- ment of Energy, transmitting, pursuant to cipal Deputy Associate Administrator, Envi- ment’’ (FRL No. 8076–25) received on August law, the report of a rule entitled ‘‘Standby ronmental Protection Agency, transmitting, 15, 2006; to the Committee on Agriculture, Support for Certain Nuclear Plant Delays’’ pursuant to law, the report of a rule entitled Nutrition, and Forestry. (RIN1901–AB17) received on August 18, 2006; ‘‘Triflumizole; Pesticide Tolerances for EC–8037. A communication from the Prin- to the Committee on Energy and Natural Re- Emergency Exemptions’’ (FRL No. 8078–1) re- cipal Deputy Associate Administrator, Envi- sources. ceived on August 15, 2006; to the Committee ronmental Protection Agency, transmitting, EC–8018. A communication from the Assist- on Agriculture, Nutrition, and Forestry. pursuant to law, the report of a rule entitled ant Secretary, Minerals Management Serv- EC–8028. A communication from the Prin- ‘‘Pesticides; Procedural Regulations for Reg- ice, Department of the Interior, transmit- cipal Deputy Associate Administrator, Envi- istration Review’’ (FRL No. 8080–4) received ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, on August 15, 2006; to the Committee on Ag- titled ‘‘Oil and Gas and Sulphur Operations pursuant to law, the report of a rule entitled riculture, Nutrition, and Forestry. in the Outer Continental Shelf (OCS) and ‘‘Inert Ingredient; Revocation of the EC–8038. A communication from the Prin- Oil-Spill Response Requirements for Facili- Tetrahydrofurfyl Alcohol (THFA) Tolerance cipal Deputy Associate Administrator, Envi- ties Located Seaward of the Coast Line— Exemption’’ (FRL No. 8082–2) received on Au- ronmental Protection Agency, transmitting, Change in Reference to Official Title’’ gust 3, 2006; to the Committee on Agri- pursuant to law, the report of a rule entitled (RIN1010–AD35) received on August 18, 2006; culture, Nutrition, and Forestry. ‘‘Inorganic Bromide; Tolerance Actions’’ to the Committee on Energy and Natural Re- EC–8029. A communication from the Prin- (FRL No. 8077–6) received on August 15, 2006; sources. cipal Deputy Associate Administrator, Envi- to the Committee on Agriculture, Nutrition, EC–8019. A communication from the Acting ronmental Protection Agency, transmitting, and Forestry. Assistant Secretary for Fish and Wildlife and pursuant to law, the report of a rule entitled EC–8039. A communication from the Prin- Parks, Department of the Interior, transmit- ‘‘Inert Ingredients; Revocation of Tolerance cipal Deputy Associate Administrator, Envi- ting, pursuant to law, the report of a rule en- Exemptions with Insufficient Data for Reas- ronmental Protection Agency, transmitting, titled ‘‘Migratory Bird Hunting and Permits: sessment’’ (FRL No. 8084–1) received on Au- pursuant to law, the report of a rule entitled Regulations for Managing Resident Canada gust 3, 2006; to the Committee on Agri- ‘‘Endothall; Pesticide Tolerance’’ (FRL No. Goose Populations’’ (RIN1018–AI32) received culture, Nutrition, and Forestry. 8080–7) received on August 18, 2006; to the on August 18, 2006; to the Committee on En- EC–8030. A communication from the Prin- Committee on Environment and Public ergy and Natural Resources. cipal Deputy Associate Administrator, Envi- Works. EC–8020. A communication from the Sec- ronmental Protection Agency, transmitting, EC–8040. A communication from the Prin- retary of Energy, transmitting, pursuant to pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- law, a report relative to identifying alter- ‘‘Inert Ingredient; Revocation of the Toler- ronmental Protection Agency, transmitting, native technologies to replace the use of ra- ance Exemption for Mono- and Bis-(1H, 1H, pursuant to law, the report of a rule entitled dioactive sealed sources; to the Committee 2H, 2H-perfluoroalkyl) Phosphates Where the ‘‘Approval and Promulgation of Air Quality on Energy and Natural Resources. Alkyl Group is Even Numbered and in the Implementation Plans; Virginia; Amend- EC–8021. A communication from the Chair- C6–C12 Range’’ (FRL No. 8082–3) received on ments to Existing Regulation Provisions man and CEO of the Farm Credit Adminis- August 3, 2006; to the Committee on Agri- Concerning Maintenance, Nonattainment, tration, transmitting, pursuant to law, the culture, Nutrition, and Forestry. and Prevention of Significant Deterioration

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00066 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17143 Areas’’ (FRL No. 8211–2) received on August ronmental Protection Agency, transmitting, assistance authorized pursuant to the Robert 15, 2006; to the Committee on Environment pursuant to law, the report of a rule entitled T. Stafford Disaster Relief and Emergency and Public Works. ‘‘Approval and Promulgation of Implementa- Assistance Act, to authorize the reimburse- EC–8041. A communication from the Prin- tion Plans; Alabama; Nitrogen Oxides Budg- ment under that Act of certain expenditures, cipal Deputy Associate Administrator, Envi- et and Allowance Trading Program, Phase II; and for other purposes (Rept. No. 109–320). ronmental Protection Agency, transmitting, Correcting Amendment’’ (FRL No. 8205–2) re- By Mr. GRASSLEY, from the Committee pursuant to law, the report of a rule entitled ceived on August 2, 2006; to the Committee on Finance: ‘‘Approval and Promulgation of Air Quality on Environment and Public Works. Report to accompany S. 3495, A bill to au- Implementation Plans; Virginia; Revised EC–8050. A communication from the Prin- thorize the extension of nondiscriminatory Definition of ‘Volatile Organic Compound’ ’’ cipal Deputy Associate Administrator, Envi- treatment (normal trade relations treat- (FRL No. 8211–1) received on August 15, 2006; ronmental Protection Agency, transmitting, ment) to the products of Vietnam (Rept. No. to the Committee on Environment and Pub- pursuant to law, the report of a rule entitled 109–321). lic Works. ‘‘Approval and Promulgation of Implementa- By Ms. COLLINS, from the Committee on EC–8042. A communication from the Prin- tion Plans; Designation of Areas for Air Homeland Security and Governmental Af- cipal Deputy Associate Administrator, Envi- Quality Planning Purposes; State of Arizona; fairs: ronmental Protection Agency, transmitting, Finding of Attainment for Rillito Particu- Special Report entitled ‘‘Hurricane pursuant to law, the report of a rule entitled late Matter of 10 Microns or Less (PM10) Katrina: A Nation Still Unprepared’’ (Rept. ‘‘Approval and Promulgation of Implementa- Nonattainment Area; Determination Regard- No. 109–322). Additional views filed. tion Plans; State of Missouri’’ (FRL No. 8209– ing Applicability of Certain Clean Air Act f 9) received on August 15, 2006; to the Com- Requirements; Correction’’ (FRL No. 8206–4) mittee on Environment and Public Works. received on August 2, 2006; to the Committee REPORTS OF COMMITTEES EC–8043. A communication from the Prin- on Environment and Public Works. cipal Deputy Associate Administrator, Envi- EC–8051. A communication from the Prin- The following reports of committees ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Envi- were submitted: pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, By Mr. ENZI, from the Committee on ‘‘Health and Safety Data Reporting; Addi- pursuant to law, the report of a rule entitled Health, Education, Labor, and Pensions, tion of Certain Chemicals’’ (FRL No. 7764–7) ‘‘Approval and Promulgation of Implementa- with an amendment in the nature of a sub- received on August 15, 2006; to the Com- tion Plans; Las Vegas Valley Carbon Mon- stitute: mittee on Environment and Public Works. oxide Attainment Plan’’ (FRL No. 8190–2) re- S. 1902. A bill to amend the Public Health EC–8044. A communication from the Prin- ceived on August 2, 2006; to the Committee Service Act to authorize funding for the es- cipal Deputy Associate Administrator, Envi- on Environment and Public Works. tablishment of a program on children and ronmental Protection Agency, transmitting, EC–8052. A communication from the Prin- the media within the Centers for Disease pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- Control and Prevention to study the role and ‘‘Preliminary Assessment Information Re- ronmental Protection Agency, transmitting, impact of electronic media in the develop- porting; Addition of Certain Chemicals’’ pursuant to law, the report of a rule entitled ment of children (Rept. No. 109–323). (FRL No. 7764–9) received on August 15, 2006; ‘‘Tribal Strategy; Solid Waste Disposal Act, S. 3546. A bill to amend the Federal Food, to the Committee on Environment and Pub- Subtitle I, as amended by Title XV, Subtitle Drug, and Cosmetic Act with respect to seri- lic Works. B of the Energy Policy Act of 2005’’ (FRL No. EC–8045. A communication from the Prin- ous adverse event reporting for dietary sup- 8208–4) received on August 18, 2006; to the plements and nonprescription drugs, and for cipal Deputy Associate Administrator, Envi- Committee on Environment and Public ronmental Protection Agency, transmitting, other purposes (Rept. No. 109–324). Works. By Mr. MCCAIN, from the Committee on pursuant to law, the report of a rule entitled EC–8053. A communication from the Prin- ‘‘Reportable Quantity Adjustments for Indian Affairs: cipal Deputy Associate Administrator, Envi- Special Report entitled ‘‘ ‘Gimme Five’— Carbamates and Carbamate-Related Haz- ronmental Protection Agency, transmitting, ardous Waste Streams; Reportable Quantity Investigation of Tribal Lobbying Matters’’ pursuant to law, the report of a rule entitled (Rept. No. 109–325). Adjustment for Inorganic Chemical Manu- ‘‘Delivery Prohibition Grant Guidelines for facturing Process Waste (K178)’’ (FRL No. States; Solid Waste Disposal Act , Subtitle I, f 8210–5) received on August 15, 2006; to the as amended by Title XV, Subtitle B of the EXECUTIVE REPORTS OF COM- Committee on Environment and Public Energy Policy Act of 2005’’ (FRL No. 8208–5) Works. received on August 18, 2006; to the Com- MITTEE RECEIVED DURING AD- EC–8046. A communication from the Prin- mittee on Environment and Public Works. JOURNMENT cipal Deputy Associate Administrator, Envi- EC–8054. A communication from the Chair- ronmental Protection Agency, transmitting, Under the authority of the order of man, Nuclear Regulatory Commission, trans- the Senate of July 27, 2006, the fol- pursuant to law, the report of a rule entitled mitting, pursuant to law, a report relative to ‘‘Approval and Promulgation of Air Quality the efforts of the Radiation Source Protec- lowing executive reports of committee Implementation Plans; State of South Da- tion and Security Task Force; to the Com- were submitted on August 30, 2006: kota; Revisions to the Administrative Rules mittee on Environment and Public Works. By Mr. LUGAR, from the Committee on of South Dakota’’ (FRL No. 8208–8) received EC–8055. A communication from the Dep- Foreign Relations: on August 15, 2006; to the Committee on En- uty Director for Management, Office of Man- [Treaty Doc. 109–9 Investment Treaty with vironment and Public Works. agement and Budget, Executive Office of the Uruguay (Ex. Rept. 109–17); and Treaty EC–8047. A communication from the Prin- President, transmitting, pursuant to law, a Doc. 109–6 U.N. Convention Against Cor- cipal Deputy Associate Administrator, Envi- report relative to the competitive sourcing ruption (Ex. Rept. 109–18)] ronmental Protection Agency, transmitting, activities conducted by the office for Fiscal pursuant to law, the report of a rule entitled Year 2005; to the Committee on Homeland The text of the committee-recommended ‘‘Approval and Promulgation of Implementa- Security and Governmental Affairs. resolutions of advice and consent to ratifica- tion Plans and Designation of Areas for Air EC–8056. A message from the President of tion are as follows: Quality Planning Purposes; Tennessee; Re- the United States, transmitting, pursuant to [109–9 Investment Treaty with Uruguay] designation of the Montgomery County, Ten- law, a report of the continuation of the Resolved (two-thirds of the Senators present nessee Portion of the Clarksville-Hopkins- emergency regarding export control regula- concurring therein), That the Senate advise ville 8-Hour Ozone Nonattainment Area to tions for one year from August 17, 2006; to and consent to the ratification of the Treaty Attainment; Correcting Amendment’’ (FRL the Committee on Banking, Housing, and between the United States of America and No. 8308–9) received on August 15, 2006; to the Urban Affairs. the Oriental Republic of Uruguay Concerning Committee on Environment and Public f the Encouragement and Reciprocal Protec- Works . tion of Investment, with Annexes and Pro- EC–8048. A communication from the Prin- REPORTS OF COMMITTEES tocol, signed at Mar del Plata on November cipal Deputy Associate Administrator, Envi- Under the authority of the order of 4, 2005 (Treaty Doc. 109–9). ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled the Senate of August 4, 2006, the fol- [109–6 U.N. Convention Against Corruption] ‘‘Sanitizers with No Food-Contact Uses in lowing reports of committees were sub- Resolved (two-thirds of the Senators present Registered Pesticide Products; Revocation of mitted on August 30, 2006: concurring therein), Tolerance Exemptions’’ (FRL No. 8086–1) re- By Ms. COLLINS, from the Committee on Section 1. Senate Advice and Consent sub- ceived on August 15, 2006; to the Committee Homeland Security and Governmental Af- ject to reservations and declarations. on Environment and Public Works. fairs: The Senate advises and consents to the EC–8049. A communication from the Prin- Report to accompany S. 939, A bill to expe- ratification of the United Nations Conven- cipal Deputy Associate Administrator, Envi- dite payments of certain Federal emergency tion Against Corruption (hereinafter in this

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00067 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17144 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 resolution referred to as the ‘‘Convention’’), (b) The advice and consent of the Senate not subject to certain provisions of adopted by the United Nations General As- under section 1 is subject to the following title 31, United States Code, commonly sembly on October 31, 2003, and signed by the declarations, which shall be included in the known as the Antideficiency Act. United States on December 9, 2003, at United States instrument of ratification: S. 311 Merida, Mexico (T. Doc. 109096), subject to (1) In accordance with Article 66, para- the reservations in section 2 and the declara- graph 3, the United States of America de- At the request of Mr. SMITH, the tions in section 3. clares that it does not consider itself bound name of the Senator from Connecticut Section 2. Reservations. by the obligation set forth in Article 66, (Mr. DODD) was added as a cosponsor of The advice and consent of the Senate paragraph 2. S. 311, a bill to amend title XIX of the under section 1 is subject to the following (2) The United States declares that the Social Security Act to permit States reservations, which shall be included in the provisions of the Convention (with the excep- the option to provide medicaid cov- United States instrument of ratification: tion of Articles 44 and 46) are non-self-exe- erage for low-income individuals in- (1) The United States of America reserves cuting. None of the provisions of the Conven- fected with HIV. the right to assume obligations under the tion creates a private right of action. S. 331 Convention in a manner consistent with its f fundamental principles of federalism, pursu- At the request of Mr. JOHNSON, the ant to which both federal and state criminal INTRODUCTION OF BILLS AND name of the Senator from New Jersey laws must be considered in relation to the JOINT RESOLUTIONS (Mr. MENENDEZ) was added as a cospon- conduct addressed in the Convention. U.S. The following bills and joint resolu- sor of S. 331, a bill to amend title 38, federal criminal law, which regulates con- tions were introduced, read the first United States Code, to provide for an duct based on its effect on interstate or for- and second times by unanimous con- assured adequate level of funding for eign commerce, or another federal interest, veterans health care. serves as an important component of the sent, and referred as indicated: S. 407 legal regime within the United States for By Mr. SCHUMER: combating corruption and is broadly effec- S. 3840. A bill to amend the Internal Rev- At the request of Mr. JOHNSON, the tive for this purpose. Federal criminal law enue Code of 1986 to provide a tax incentive name of the Senator from New Jersey does not apply where such criminal conduct to produce ethanol in high-consumption, (Mr. MENENDEZ) was added as a cospon- does not so involve interstate or foreign low-production States, and for other pur- sor of S. 407, a bill to restore health commerce, or another federal interest. There poses; to the Committee on Finance. care coverage to retired members of are conceivable situations involving offenses By Mr. KYL (for himself, Mr. ENSIGN, the uniformed services, and for other of a purely local character where U.S. federal Mr. REID, and Mrs. FEINSTEIN): purposes. and state criminal law may not be entirely S. 3841. A bill to authorize appropriations S. 558 adequate to satisfy an obligation under the for the Bureau of Reclamation to carry out Convention. Similarly, in the U.S. system, the Lower Colorado River Multi-Species Con- At the request of Mr. REID, the name the states are responsible for preventive servation Program in the States of Arizona, of the Senator from New Jersey (Mr. measures governing their own officials. California, and Nevada, and for other pur- MENENDEZ) was added as a cosponsor of While the states generally regulate their poses; to the Committee on Energy and Nat- S. 558, a bill to amend title 10, United own affairs in a manner consistent with the ural Resources. States Code, to permit certain addi- obligations set forth in the chapter on pre- By Mr. SCHUMER (for himself and tional retired members of the Armed ventive measures in the Convention, in some Mrs. CLINTON): Forces who have a service-connected cases they may do so in a different manner. S. 3842. A bill to suspend temporarily the disability to receive both disability Accordingly, there may be situations where duty on synthetic quartz or fused silica state and federal law will not be entirely photomask blank substrates; to the Com- compensation from the Department of adequate to satisfy an obligation in Chapters mittee on Finance. Veterans Affairs for their disability II and III of the Convention. The United By Mr. LUGAR: and either retired pay by reason of States of America therefore reserves to the S. 3843. A bill to amend the African Growth their years of military service or Com- obligations set forth in the Convention to and Opportunity Act to extend certain trade bat-Related Special compensation and the extent they (1) address conduct that benefits to eligible sub-Saharan African to eliminate the phase-in period under would fall within this narrow category of countries, and for other purposes; to the current law with respect to such con- highly localized activity or (2) involve pre- Committee on Finance. current receipt. ventive measures not covered by federal law By Mr. NELSON of Nebraska: S. 1035 governing state and local officials. This res- S. 3844. A bill to provide for the investment ervation does not affect in any respect the of all funds collected from the tariff on im- At the request of Mr. INHOFE, the ability of the United States to provide inter- ports of ethanol in the research, develop- names of the Senator from Michigan national cooperation to other States Parties ment, and deployment of biofuels, especially (Mr. LEVIN), the Senator from North in accordance with the provisions of the Con- cellulosic ethanol produced from biomass Carolina (Mrs. DOLE) and the Senator vention. feedstocks; to the Committee on Energy and from Nebraska (Mr. NELSON) were (2) The United States of America reserves Natural Resources. added as cosponsors of S. 1035, a bill to the right not to apply in part the obligation f authorize the presentation of com- set forth in Article 42, paragraph 1(b) with memorative medals on behalf of Con- respect to the offenses established in accord- ADDITIONAL COSPONSORS gress to Native Americans who served ance with the Convention. The United States S. 13 does not provide for plenary jurisdiction over as Code Talkers during foreign con- At the request of Mr. AKAKA, the offenses that are committed on board ships flicts in which the United States was flying its flag or aircraft registered under its name of the Senator from New Jersey involved during the 20th century in laws. However, in many circumstances, U.S. (Mr. MENENDEZ) was added as a cospon- recognition of the service of those Na- law provides for jurisdiction over such of- sor of S. 13, a bill to amend titles 10 tive Americans to the United States. fenses committed on board U.S.-flagged ships and 38, United States Code, to expand S. 1046 or aircraft registered under U.S. law. Accord- and enhance health care, mental At the request of Mr. KYL, the name ingly, the United States shall implement health, transition, and disability bene- paragraph 1(b) to the extent provided for of the Senator from South Carolina fits for veterans, and for other pur- (Mr. DEMINT) was added as a cosponsor under its federal law. poses. Section 3. Declarations. of S. 1046, a bill to amend title 28, (a) The advice and consent of the Senate S. 241 United States Code, with respect to the under section 1 is subject to the following At the request of Ms. SNOWE, the jurisdiction of Federal courts over cer- declaration: The United States of America name of the Senator from Connecticut tain cases and controversies involving declares that, in view of its reservations, (Mr. LIEBERMAN) was added as a co- the Pledge of Allegiance. current United States law, including the sponsor of S. 241, a bill to amend sec- S. 1324 laws of the States of United States, fulfills tion 254 of the Communications Act of At the request of Mr. FRIST, the the obligations of the Convention for the United States. Accordingly, the United 1934 to provide that funds received as name of the Senator from Ohio (Mr. States of America does not intend to enact universal service contributions and the DEWINE) was added as a cosponsor of S. new legislation to fulfill its obligations universal service support programs es- 1324, a bill to reduce and prevent child- under the Convention. tablished pursuant to that section are hood obesity by encouraging schools

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00068 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17145 and school districts to develop and im- of S. 2292, a bill to provide relief for the sponsors of S. 2917, a bill to amend the plement local, school-based programs Federal judiciary from excessive rent Communications Act of 1934 to ensure designed to reduce and prevent child- charges. net neutrality. hood obesity, promote increased phys- S. 2401 S. 3490 ical activity, and improve nutritional At the request of Mr. BAUCUS, the At the request of Mr. SANTORUM, the choices. name of the Senator from Illinois (Mr. name of the Senator from Pennsyl- S. 1325 OBAMA) was added as a cosponsor of S. vania (Mr. SPECTER) was added as a co- At the request of Mr. FRIST, the 2401, a bill to amend the Internal Rev- sponsor of S. 3490, a bill to direct the name of the Senator from Ohio (Mr. enue Code of 1986 to extend certain en- Secretary of the Interior to initiate DEWINE) was added as a cosponsor of S. ergy tax incentives, and for other pur- and complete an evaluation of land and 1325, a bill to establish grants to pro- poses. water located in northeastern Pennsyl- vide health services for improved nu- S. 2475 vania for future acquisition and inclu- trition, increased physical activity, At the request of Mr. SALAZAR, the sion in a potential Cherry Valley Na- obesity and eating disorder prevention, names of the Senator from Indiana tional Wildlife Refuge, and for other and for other purposes. (Mr. BAYH), the Senator from Texas purposes. S. 1353 (Mr. CORNYN), the Senator from Indi- S. 3535 At the request of Mr. REID, the ana (Mr. LUGAR), the Senator from At the request of Mr. TALENT, the names of the Senator from New York Massachusetts (Mr. KENNEDY), the Sen- names of the Senator from Mississippi (Mrs. CLINTON), the Senator from New ator from California (Mrs. FEINSTEIN) (Mr. COCHRAN) and the Senator from York (Mr. SCHUMER) and the Senator and the Senator from Connecticut (Mr. Ohio (Mr. DEWINE) were added as co- from Montana (Mr. BAUCUS) were added LIEBERMAN) were added as cosponsors sponsors of S. 3535, a bill to modernize as cosponsors of S. 1353, a bill to amend of S. 2475, a bill to establish the Com- and update the National Housing Act the Public Health Service Act to pro- mission to Study the Potential Cre- and to enable the Federal Housing Ad- vide for the establishment of an ation of a National Museum of the ministration to use risk based pricing Amyotrophic Lateral Sclerosis Reg- American Latino Community, to de- to more effectively reach underserved istry. velop a plan of action for the establish- borrowers, and for other purposes. S. 1423 ment and maintenance of a National S. 3633 At the request of Mr. SCHUMER, the Museum of the American Latino Com- At the request of Mr. INHOFE, the name of the Senator from New Jersey munity in Washington, DC, and for name of the Senator from Colorado (Mr. MENENDEZ) was added as a cospon- other purposes. (Mr. ALLARD) was added as a cosponsor sor of S. 1423, a bill to provide for a S. 2503 of S. 3633, a bill to require the with- medal of appropriate design to be At the request of Mrs. LINCOLN, the holding of United States contributions awarded by the President to the next of name of the Senator from Arkansas to the United Nations until the Presi- kin or other representatives of those (Mr. PRYOR) was added as a cosponsor dent certifies that the United Nations individuals killed as a result of the ter- of S. 2503, a bill to amend the Internal is not engaged in global taxation rorist attacks of September 11, 2001. Revenue Code of 1986 to provide for an schemes. S. 1537 extension of the period of limitation to S. 3652 At the request of Mr. AKAKA, the file claims for refunds on account of At the request of Ms. MIKULSKI, the name of the Senator from Arkansas disability determinations by the De- name of the Senator from Vermont (Mrs. LINCOLN) was added as a cospon- partment of Veterans Affairs. (Mr. LEAHY) was added as a cosponsor sor of S. 1537, a bill to amend title 38, S. 2545 of S. 3652, a bill to amend the definition United States Code, to provide for the At the request of Mr. DEWINE, the of a law enforcement officer under sub- establishment of Parkinson’s Disease name of the Senator from New Jersey chapter III of chapter 83 and chapter 84 Research Education and Clinical Cen- (Mr. MENENDEZ) was added as a cospon- of title 5, United States Code, respec- ters in the Veterans Health Adminis- sor of S. 2545, a bill to establish a col- tively, to ensure the inclusion of cer- tration of the Department of Veterans laborative program to protect the tain positions. Affairs and Multiple Sclerosis Centers Great Lakes, and for other purposes. S. 3694 of Excellence. S. 2590 At the request of Mr. OBAMA, the S. 1948 At the request of Mr. COBURN, the name of the Senator from Pennsyl- At the request of Mrs. CLINTON, the names of the Senator from Missouri vania (Mr. SPECTER) was added as a co- name of the Senator from Oregon (Mr. (Mr. TALENT), the Senator from Wis- sponsor of S. 3694, a bill to increase fuel WYDEN) was added as a cosponsor of S. consin (Mr. FEINGOLD), the Senator economy standards for automobiles, 1948, a bill to direct the Secretary of from New Jersey (Mr. MENENDEZ), the and for other purposes. Transportation to issue regulations to Senator from Nebraska (Mr. HAGEL), S. 3696 reduce the incidence of child injury the Senator from Connecticut (Mr. At the request of Mr. BROWNBACK, the and death occurring inside or outside DODD) and the Senator from New Mex- names of the Senator from Kansas (Mr. of passenger motor vehicles, and for ico (Mr. BINGAMAN) were added as co- ROBERTS), the Senator from Arizona other purposes. sponsors of S. 2590, a bill to require full (Mr. KYL) and the Senator from Colo- At the request of Mr. SUNUNU, the disclosure of all entities and organiza- rado (Mr. ALLARD) were added as co- name of the Senator from Texas (Mrs. tions receiving Federal funds. sponsors of S. 3696, a bill to amend the HUTCHISON) was added as a cosponsor of S. 2677 Revised Statutes of the United States S. 1948, supra. At the request of Mr. SMITH, the to prevent the use of the legal system S. 2200 name of the Senator from Indiana (Mr. in a manner that extorts money from At the request of Mr. LUGAR, the LUGAR) was added as a cosponsor of S. State and local governments, and the name of the Senator from Alaska (Ms. 2677, a bill to amend the Internal Rev- Federal Government, and inhibits such MURKOWSKI) was added as a cosponsor enue Code of 1986 to extend the invest- governments’ constitutional actions of S. 2200, a bill to establish a United ment tax credit with respect to solar under the first, tenth, and fourteenth States-Poland parliamentary youth ex- energy property and qualified fuel cell amendments. change program, and for other pur- property, and for other purposes. S. 3705 poses. S.2917 At the request of Mr. KENNEDY, the S. 2292 At the request of Ms. SNOWE, the names of the Senator from Hawaii (Mr. At the request of Mr. SPECTER, the names of the Senator from Iowa (Mr. AKAKA) and the Senator from Oregon name of the Senator from Nebraska HARKIN) and the Senator from Min- (Mr. SMITH) were added as cosponsors (Mr. HAGEL) was added as a cosponsor nesota (Mr. DAYTON) were added as co- of S. 3705, a bill to amend title XIX of

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the Social Security Act to improve re- was added as a cosponsor of S. 3807, a California (Mrs. BOXER) and the Sen- quirements under the Medicaid pro- bill to amend the Public Health Serv- ator from Utah (Mr. HATCH) were added gram for items and services furnished ice Act and the Federal Food, Drug, as cosponsors of S. Res. 552, a resolu- in or through an educational program and Cosmetic Act to improve drug safe- tion designating September 2006 as or setting to children, including chil- ty and oversight, and for other pur- ‘‘National Prostate Cancer Awareness dren with developmental, physical, or poses. Month’’. mental health needs, and for other pur- S. 3825 AMENDMENT NO. 4764 poses. At the request of Mr. BURNS, the At the request of Ms. MIKULSKI, the S. 3718 name of the Senator from Alaska (Mr. name of the Senator from New Jersey At the request of Mr. ALLEN, the STEVENS) was added as a cosponsor of (Mr. MENENDEZ) was added as a cospon- name of the Senator from Illinois (Mr. S. 3825, a bill to end the flow of meth- sor of amendment No. 4764 intended to DURBIN) was added as a cosponsor of S. amphetamine and precursor chemicals be proposed to H.R. 5631, a bill making 3718, a bill to increase the safety of coming across the border of the United appropriations for the Department of swimming pools and spas by requiring States. Defense for the fiscal year ending Sep- the use of proper anti-entrapment S. 3828 tember 30, 2007, and for other purposes. drain covers and pool and spa drainage At the request of Mr. INHOFE, the f systems, by establishing a swimming name of the Senator from Kentucky STATEMENTS ON INTRODUCED pool safety grant program adminis- (Mr. BUNNING) was added as a cosponsor BILLS AND JOINT RESOLUTIONS tered by the Consumer Product Safety of S. 3828, a bill to amend title 4, Commission to encourage States to im- United States Code, to declare English By Mr. KYL (for himself, Mr. EN- prove their pool and spa safety laws as the official language of the Govern- SIGN, Mr. REID, and Mrs. FEIN- and to educate the public about pool ment of the United States, and for STEIN): and spa safety, and for other purposes. other purposes. S. 3841. A bill to authorize appropria- S. 3724 S. CON. RES. 71 tions for the Bureau of Reclamation to carry out the Lower Colorado River At the request of Mr. ROCKEFELLER, At the request of Mr. AKAKA, the the names of the Senator from Rhode name of the Senator from New Jersey Multi-Species Conservation Program in the States of Arizona, California, and Island (Mr. REED) and the Senator from (Mr. MENENDEZ) was added as a cospon- Arkansas (Mrs. LINCOLN) were added as sor of S. Con. Res. 71, a concurrent res- Nevada, and for other purposes; to the cosponsors of S. 3724, a bill to enhance olution expressing the sense of Con- Committee on Energy and Natural Re- scientific research and competitiveness gress that States should require can- sources. through the Experimental Program to didates for driver’s licenses to dem- Mr. KYL. Mr. President, today I am Stimulate Competitive Research, and onstrate an ability to exercise greatly pleased to join with Senators ENSIGN, for other purposes. increased caution when driving in the FEINSTEIN and REID to introduce the Lower Colorado River Multi-Species S. 3737 proximity of a potentially visually im- Conservation Program Act. This bipar- At the request of Mr. LIEBERMAN, the paired individual. tisan legislation is designed to protect name of the Senator from Pennsyl- S. CON. RES. 97 and maintain wildlife habitat on the vania (Mr. SPECTER) was added as a co- At the request of Mr. SALAZAR, the lower Colorado River and to provide as- sponsor of S. 3737, a bill to amend the names of the Senator from Vermont surances to the affected water and National Trails System Act to des- (Mr. JEFFORDS), the Senator from power agencies of Arizona, California, ignate the Washington-Rochambeau Vermont (Mr. LEAHY) and the Senator and Nevada that their river operations Route National Historic Trail. from Pennsylvania (Mr. SANTORUM) may continue upon compliance with S. 3765 were added as cosponsors of S. Con. the underlying program. At the request of Mr. DURBIN, the Res. 97, a concurrent resolution ex- The Lower Colorado River Multi-Spe- name of the Senator from Michigan pressing the sense of Congress that it is cies Conservation Program, otherwise (Mr. LEVIN) was added as a cosponsor of the goal of the United States that, not known as the MSCP, is a comprehen- S. 3765, a bill to designate Lebanon later than January 1, 2025, the agricul- sive, cooperative effort among 50 Fed- under section 244(b) of the Immigration tural, forestry, and working land of the eral and non-Federal entities in Ari- and Naturalization Act to permit na- United States should provide from re- zona, California, and Nevada whose tionals of Lebanon to be granted tem- newable resources not less than 25 per- purposes are to: 1. protect the lower porary protected status in the United cent of the total energy consumed in Colorado River environment while en- States. the United States and continue to suring the certainty of existing river S. 3773 produce safe, abundant, and affordable water and power operations; 2. protect At the request of Mr. DOMENICI, the food, feed, and fiber. threatened and endangered wildlife names of the Senator from Arizona S. CON. RES. 101 under the Endangered Species Act; and (Mr. KYL) and the Senator from Texas At the request of Mr. SANTORUM, his 3. prevent the listing of additional spe- (Mr. CORNYN) were added as cosponsors name was added as a cosponsor of S. cies on the lower Colorado River. of S. 3773, a bill to increase the number Con. Res. 101, a concurrent resolution To accomplish these goals, the MSCP of Federal judgeships, in accordance condemning the repression of the Ira- will create more than 8,100 acres of ri- with recommendations by the Judicial nian Baha’i community and calling for parian, marsh, and backwater habitat Conference, in districts that have an the emancipation of Iranian Baha’is. and implement additional measures to extraordinarily high immigration case- S. RES. 494 protect 26 endangered, threatened and load. At the request of Mr. SANTORUM, the sensitive species. The program covers S. 3795 name of the Senator from Oregon (Mr. approximately 400 miles, including the At the request of Mr. SMITH, the WYDEN) was added as a cosponsor of S. full-pool elevations of Lake Mead to name of the Senator from Washington Res. 494, a resolution expressing the the United States-Mexico Southerly (Mrs. MURRAY) was added as a cospon- sense of the Senate regarding the cre- International Boundary. sor of S. 3795, a bill to amend title ation of refugee populations in the The program costs will be spread XVIII of the Social Security Act to Middle East, North Africa, and the Per- over 50 years, and split 50/50 between provide for a two-year moratorium on sian Gulf region as a result of human the Federal Government and the non- certain Medicare physician payment rights violations. Federal entities covered by MSCP. Ari- reductions for imaging services. S. RES. 552 zona and Nevada will each bear 25 per- S. 3807 At the request of Mr. SESSIONS, the cent of the non-Federal costs and Cali- At the request of Mr. ENZI, the name names of the Senator from California fornia will bear 50 percent of the non- of the Senator from Ohio (Mr. DEWINE) (Mrs. FEINSTEIN), the Senator from Federal costs.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00070 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17147 Although implementation of the pro- TEXT OF AMENDMENTS (ii) the numbers of civilians displaced; gram began in April 2005 under the U.S. (iii) the degree to which government secu- SA 4882. Mrs. FEINSTEIN (for herself rity forces (including the army, police, and Department of the Interior’s existing and Mr. LEAHY) submitted an amend- authority, legislation is needed to pro- special forces) exercise effective control over ment intended to be proposed by her to major urban areas; tect the substantial financial commit- the bill H.R. 5631, making appropria- (iv) the extent to which militias are pro- ments that the non-Federal parties are tions for the Department of Defense for viding security; making to species protection. To that the fiscal year ending September 30, (v) the extent to which militias have orga- end, the bill: 1. expressly authorizes ap- 2007, and for other purposes; as follows: nized or conducted hostile actions against the United States Armed Forces and Iraqi se- propriations to cover the Federal share At the end of title VIII, add the following: curity forces; of the program costs; 2. directs the Sec- SEC. 8109. No funds appropriated or other- retary of the Interior to manage and wise made available by this Act my be obli- (vi) the extent to which the Government of implement the MSCP in accordance gated or expended to acquire, utilize, sell, or Iraq has developed and is implementing a credible plan to disarm, demobilize, and re- with the underlying program docu- transfer any cluster munition unless the rules of engagement applicable to the cluster integrate militias into government security ments; and 3. provides a waiver of sov- forces; and ereign immunity to allow the non-Fed- munition ensure that the cluster munition will not be used in or near any concentrated (vii) the extent to which the Government eral parties to enforce, if necessary, population of civilians, whether permanent of Iraq has obtained a credible commitment the underlying program documents. or temporary, including inhabited parts of from the political parties to disarm and dis- The waiver, however, does not allow an cities or villages, camps or columns of refu- band the militias. action to be brought against the gees or evacuees, or camps or groups of no- (G) If the Secretary of Defense, in con- United States for money damages. mads. sultation with the Secretary of State, deter- mines pursuant to subparagraph (E) that While some minor issues remain re- SA 4883. Mr. ALLEN (for himself, Mr. there is not a civil war in Iraq, the following garding the continuity of the program information (in unclassified format): DURBIN, Mr. STEVENS, Mr. MENENDEZ, documents, we have every confidence (i) A description of the efforts by the that these issues will be resolved as the Ms. MIKULSKI, Mr. KENNEDY, Mr. United States Government to help avoid legislation progresses. BINGAMAN, Mr. OBAMA, Mr. KERRY, Mr. civil war in Iraq. In summary, this bill will ensure the LAUTENBERG, Mr. TALENT, Mr. DEWINE, (ii) The strategy of the United States Gov- certainty of existing river water and Mr. BYRD, Mr. SALAZAR, and Mrs. CLIN- ernment to protect the United States Armed power operations while at the same TON) submitted an amendment in- Forces in the event of civil war in Iraq. tended to be proposed by him to the (iii) The strategy of the United States Gov- time conserving and helping the recov- ernment to ensure that the United States ery of endangered species on the lower bill H.R. 5631, making appropriations for the Department of Defense for the Armed Forces will not take sides in the Colorado River. I urge my colleagues to event of civil war in Iraq. support this legislation. fiscal year ending September 30, 2007, (iv) The progress being made by the Gov- and for other purposes; as follows: ernment of Iraq in disarming or demobilizing f At the end of title VIII, add the following: militias or reintegrating militias into gov- AMENDMENTS SUBMITTED AND SEC. lll. Of the amount appropriated or ernment security forces. otherwise made available by title VI under PROPOSED (H) If the Secretary of Defense, in con- the heading ‘‘DEFENSE HEALTH PROGRAM’’, up sultation with the Secretary of State, deter- SA 4882. Mrs. FEINSTEIN (for herself and to $12,000,000 may be available for the De- mines pursuant to subparagraph (E) that Mr. LEAHY) submitted an amendment in- fense and Veterans Brain Injury Center. there is a civil war in Iraq, the following in- tended to be proposed by her to the bill H.R. formation (in unclassified format): 5631, making appropriations for the Depart- SA 4884. Mr. DURBIN (for himself, (i) A statement of the mission and dura- ment of Defense for the fiscal year ending Mr. MENENDEZ, Ms. MIKULSKI, Mr. KEN- tion of United States Armed Forces in Iraq. September 30, 2007, and for other purposes. NEDY, Mr. BINGAMAN, Mr. OBAMA, Mr. (ii) The strategy of the United States Gov- SA 4883. Mr. ALLEN (for himself, Mr. DUR- KERRY, and Mr. LAUTENBERG) sub- ernment to protect the United States Armed BIN, Mr. STEVENS, Mr. MENENDEZ, Ms. MIKUL- mitted an amendment intended to be Forces while they remain in Iraq. SKI, Mr. KENNEDY, Mr. BINGAMAN, Mr. proposed by him to the bill H.R. 5631, (iii) The strategy of the United States Gov- OBAMA, Mr. KERRY, Mr. LAUTENBERG, Mr. ernment to ensure that the United States making appropriations for the Depart- TALENT, Mr. DEWINE, Mr. BYRD, Mr. SALA- Armed Forces will not take sides in the civil ZAR, and Mrs. CLINTON) submitted an amend- ment of Defense for the fiscal year end- war. ment intended to be proposed by him to the ing September 30, 2007, and for other bill H.R. 5631, supra. purposes; which was ordered to lie on SA 4886. Mr. FRIST (for himself and SA 4884. Mr. DURBIN (for himself, Mr. the table; as follows: Mr. ALEXANDER) submitted an amend- MENENDEZ, Ms. MIKULSKI, Mr. KENNEDY, Mr. At the end of title VIII, add the following: ment intended to be proposed by him BINGAMAN, Mr. OBAMA, Mr. KERRY, and Mr. SEC. 8109. Of the amount appropriated or to the bill H.R. 5631, making appropria- LAUTENBERG) submitted an amendment in- otherwise made available by title VI under tions for the Department of Defense for tended to be proposed by him to the bill H.R. the heading ‘‘DEFENSE HEALTH PROGRAM’’, 5631, supra; which was ordered to lie on the $19,000,000 shall be available for the Defense the fiscal year ending September 30, table. and Veterans Brain Injury Center (DVBIC). 2007, and for other purposes; which was SA 4885. Mr. KENNEDY (for himself and ordered to lie on the table; as follows: Mr. REID) proposed an amendment to the bill SA 4885. Mr. KENNEDY (for himself At the end of title VIII, add the following: H.R. 5631, supra. and Mr. REID) proposed an amendment SEC. 8109. (a) No funds made available for SA 4886. Mr. FRIST (for himself and Mr. to the bill H.R. 5631, making appropria- ALEXANDER) submitted an amendment in- fiscal year 2006 may be made available to im- tended to be proposed by him to the bill H.R. tions for the Department of Defense for plement any decision of the Army Contract 5631, supra; which was ordered to lie on the the fiscal year ending September 30, Adjustment Board the funding for which is table. 2007, and for other purposes; as follows: approved between August 1, 2006, and the ad- SA 4887. Mr. FRIST (for Ms. SNOWE) pro- On page 235, between lines 2 and 3, insert journment sine die of the 109th Congress. posed an amendment to the bill S. 466, to de- the following: (b) The total amount of funds made avail- authorize a certain portion of the project for (E) A determination by the Secretary of able to implement decisions of the Army navigation, Rockland Harbor, Maine. Defense, in consultation with the Secretary Contract Adjustment Board described under SA 4888. Mr. FRIST (for Mr. JEFFORDS (for of State, as to whether there is a civil war in subsection (a) may be up to, but may not ex- himself and Mr. OBAMA)) proposed an amend- Iraq. ceed, $97,000,000. ment to the bill S. 466, supra. (F) A description of the criteria underlying SA 4889. Mr. FRIST (for himself and Mr. the determination in subparagraph (E) of the SA 4887. Mr. FRIST (for Ms. SNOWE) ALEXANDER) submitted an amendment in- Secretary of Defense, in consultation with proposed an amendment to the bill S. tended to be proposed by him to the bill H.R. the Secretary of State, as to whether there 466, to deauthorize a certain portion of 5631, making appropriations for the Depart- is a civil war in Iraq, including— the project for navigation, Rockland ment of Defense for the fiscal year ending (i) an assessment of levels of sectarian vio- September 30, 2007, and for other purposes; lence and an estimate of civilian casualties Harbor, Maine; as follows: which was ordered to lie on the table. as a result of sectarian violence; At the end, add the following:

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00071 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17148 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 SEC. 2. REDESIGNATION OF PROJECT FOR NAVI- plat numbered 3645392 and recorded January AUTHORITY FOR COMMITTEES TO GATION, SACO RIVER, MAINE. 19, 1905. MEET The portion of the project for navigation, (5) Thence south 67 degrees, 18 minutes, 31 Saco River, Maine, authorized under section seconds east along that southerly line 245.50 COMMITTEE ON FOREIGN RELATIONS 107 of the River and Harbor Act of 1960 (33 feet. Mr. THOMAS. Mr. President, I ask U.S.C. 577) and described as a 6-foot deep, 10- (6) Thence north 14 degrees, 35 minutes, 13 unanimous cosent that the Committee acre maneuvering basin located at the head seconds east 145.38 feet. on Foreign Relations be authorized to of navigation, is redesignated as an anchor- (7) Thence north 10 degrees, 57 minutes, 15 meet during the session of the Senate age area. seconds east 326.87 feet. on Tuesday, September 5, 2006, at 4:15 (8) Thence north 17 degrees, 52 minutes, 44 SA 4888. Mr. FRIST (for Mr. JEF- p.m. to hold a hearing on nominations. seconds west 56.20 feet. FORDS (for himself and Mr. OBAMA)) The PRESIDING OFFICER. Without (9) Thence north 52 degrees, 7 minutes, 32 objection, it is so ordered. proposed an amendment to the bill S. seconds west 78.69 feet. f 466, to deauthorize a certain portion of (10) Thence north 69 degrees, 26 minutes, 35 the project for navigation, Rockland seconds west 58.97 feet. PRIVILEGES OF THE FLOOR Harbor, Maine; as follows: (11) Thence north 90 degrees, 00 minutes, 00 Mr. DURBIN. Mr. President, I ask SEC. XXX. HERBERT HOOVER DIKE SUPPLE- seconds west 259.02 feet to the east line of unanimous consent that Lona Stoll MENTAL MAJOR REHABILITATION South Ashland Avenue. and William Johnson, legislative fel- REPORT. (12) Thence south 1 degree, 32 minutes, 31 (a) IN GENERAL.—Not later than May 31, seconds east along that east line 322.46 feet. lows in Senator KENNEDY’s office, be 2007, the Secretary shall publish a supple- (13) Thence south 00 degrees, 14 minutes, 35 granted the privilege of the floor dur- ment to the major rehabilitation report for seconds east along that east line 11.56 feet to ing the consideration of the Depart- the Herbert Hoover Dike system, approved the point of beginnings. ment of Defense appropriations bill, by the Chief of Engineers in November 2000. 2007, and any votes thereon. (b) INCLUSIONS.—The supplemental report under subsection (a) shall include— SA 4889. Mr. FRIST (for himself and The PRESIDING OFFICER. Without (1) an evaluation of existing conditions at Mr. ALEXANDER) submitted an amend- objection, it is so ordered. the Herbert Hoover Dike system; ment intended to be proposed by him f (2) an identification of additional risks as- to the bill H.R. 5631, making appropria- EXECUTIVE SESSION sociated with flood events at the system that tions for the Department of Defense for are equal to or greater than the standard the fiscal year ending September 30, projected flood risks; (3) an evaluation of the potential to inte- 2007, and for other purposes; which was EXECUTIVE CALENDAR ordered to lie on the table; as follows: grate projects of the Corps of Engineers into Mr. FRIST. Mr. President, I ask an enhanced flood protection system for At the end of title VIII, add the following: unanimous consent that the Senate im- Lake Okeechobee, including— SEC. 8109. Of the amount made available by mediately proceed to executive session (A) the potential for additional water stor- title IV under the heading ‘‘RESEARCH, DE- to consider the following nomination age north of Lake Okeechobee; and VELOPMENT, TEST AND EVALUATION, ARMY’’ (B) an analysis of other project features in- and available for Military Engineering Ad- on today’s Executive Calendar: No. 866. cluded in the Comprehensive Everglades Res- vanced Technology, $7,900,000 may be avail- I further ask unanimous consent that toration Plan; and able for solid oxide fuel cell research in con- the nomination be confirmed, the mo- (4) a review of the report prepared for the junction with Oak Ridge National Labora- tion to reconsider be laid upon the South Florida Water Management District tory. table, the President be immediately dated April 2006. notified of the Senate’s action, and the (c) AUTHORIZATION OF APPROPRIATIONS.— f Senate return to legislative session. There is authorized to be appropriated to carry out this section $1,500,000. The PRESIDING OFFICER. Without objection, it is so ordered. SEC. XXX. ILLINOIS WATERWAY, SOUTH FORK OF NOTICE OF HEARING THE SOUTH BRANCH OF THE CHI- The nomination considered and con- CAGO RIVER, ILLINOIS. COMMITTEE ON ENERGY AND NATURAL firmed is as follows: RESOURCES (a) IN GENERAL.—The portion of the Illinois NATIONAL FOUNDATION ON THE ARTS AND THE Waterway project authorized by the Act of Mr. DOMENICI. Mr. President, I HUMANITIES January 21, 1927 (commonly known as the woud like to announce for the informa- Robert S. Martin, of Texas, to be a Member ‘‘River and Harbor Act of 1927’’) (44 Stat. tion of the Senate and the public that of the National Council on the Humanities 1013), in the South Fork of the South Branch a hearing has been scheduled before the for a term expiring January 26, 2012. of the Chicago River, as identified in sub- Committee on Energy and Natural Re- section (b) is not authorized. f sources. (b) DESCRIPTION OF PROJECT PORTION.—The LEGISLATIVE SESSION portion of the project referred to in sub- The hearing will be held on Tuesday, The PRESIDING OFFICER. The Sen- section (a) is the portion of the SW 1⁄4 of sec. September 12th, at 10:00 a.m. in room 29, T. 39 N., R. 14 E., Third Principal Merid- SD–628 of the Dirksen Senate Office ate will now return to legislative ses- ian, Cook County, Illinois, and more particu- Building. sion. larly described as follows: The purpose of the hearing is to re- f (1) Commencing at the SW comer of the ceive testimony relating to the effects SW 1⁄4. DEAUTHORIZING A CERTAIN POR- (2) Thence north 1 degree, 32 minutes, 31 of the BP pipeline failure in the TION OF THE PROJECT FOR seconds west, bearing based on the Illinois Prudhoe Bay Oil Field on U.S. oil sup- NAVIGATION, ROCKLAND HAR- State Plane Coordinate System, NAD 83 east ply and to examine what steps may be BOR, MAINE zone, along the west line of that quarter, taken to prevent a recunence of such 1810.16 feet to the southerly line of the Illi- Mr. FRIST. Mr. President, I ask an event. unanimous consent that the Com- nois and Michigan Canal. Because of the limited time available (3) Thence north 50 degrees, 41 minutes, 55 mittee on Environment and Public seconds east along that southerly line 62.91 for the hearing, witnesses may testify Works be discharged from further con- feet to the easterly line of South Ashland by invitation only. However, those sideration of S. 466 and the Senate pro- Avenue, as widened by the ordinance dated wishing to submit written testimony ceed to its immediate consideration. November 24, 1920, which is also the east line for the hearing record should send two The PRESIDING OFFICER. Without of an easement to the State of Illinois for copies of their testimony to the Com- objection, it is so ordered. highway purposes numbered 12340342 and re- mittee on Energy and Natural Re- corded July 13, 1939, for a point of begin- The clerk will report the bill by title. sources, United States Senate, Wash- The assistant legislative clerk read nings. ington, DC 20510–6150. (4) Thence continuing north 50 degrees, 41 as follows: minutes, 55 seconds east along that south- For further information, please con- A bill (S. 466) to deauthorize a certain por- erly line 70.13 feet to the southerly line of tact Dick Bouts at 202–224–7545 or Sara tion of the project for navigation, Rockland the South Branch Turning Basin per for the Zecher at 202–224–8276. Harbor, Maine.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00072 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17149 There being no objection, the Senate zone, along the west line of that quarter, (2) an identification of additional risks as- proceeded to consider the bill. 1810.16 feet to the southerly line of the Illi- sociated with flood events at the system that Mr. FRIST. Mr. President, I ask nois and Michigan Canal. are equal to or greater than the standard (3) Thence north 50 degrees, 41 minutes, 55 projected flood risks; unanimous consent that the amend- seconds east along that southerly line 62.91 ments at the desk be agreed to, the bill (3) an evaluation of the potential to inte- feet to the easterly line of South Ashland grate projects of the Corps of Engineers into as amended be read the third time and Avenue, as widened by the ordinance dated an enhanced flood protection system for passed, the motion to reconsider be November 24, 1920, which is also the east line Lake Okeechobee, including— laid upon the table, and that any state- of an easement to the State of Illinois for (A) the potential for additional water stor- ments relating to the measure be print- highway purposes numbered 12340342 and re- age north of Lake Okeechobee; and corded July 13, 1939, for a point of begin- ed in the RECORD. (B) an analysis of other project features in- The PRESIDING OFFICER. Without nings. (4) Thence continuing north 50 degrees, 41 cluded in the Comprehensive Everglades Res- objection, it is so ordered. minutes, 55 seconds east along that south- toration Plan; and The amendments (Nos. 4887 and 4888) erly line 70.13 feet to the southerly line of (4) a review of the report prepared for the were agreed to, as follows: the South Branch Turning Basin per for the South Florida Water Management District dated April 2006. AMENDMENT NO. 4887 plat numbered 3645392 and recorded January (Purpose: To redesignate the project for 19, 1905. (c) AUTHORIZATION OF APPROPRIATIONS.— (5) Thence south 67 degrees, 18 minutes, 31 navigation, Saco River, Maine) There is authorized to be appropriated to seconds east along that southerly line 245.50 carry out this section $1,500,000. At the end, add the following: feet. SEC. 2. REDESIGNATION OF PROJECT FOR NAVI- (6) Thence north 14 degrees, 35 minutes, 13 SEC. 4. ILLINOIS WATERWAY, SOUTH FORK OF GATION, SACO RIVER, MAINE. seconds east 145.38 feet. THE SOUTH BRANCH OF THE CHI- The portion of the project for navigation, (7) Thence north 10 degrees, 57 minutes, 15 CAGO RIVER, ILLINOIS. Saco River, Maine, authorized under section seconds east 326.87 feet. (a) IN GENERAL.—The portion of the Illinois 107 of the River and Harbor Act of 1960 (33 (8) Thence north 17 degrees, 52 minutes, 44 U.S.C. 577) and described as a 6-foot deep, 10- seconds west 56.20 feet. Waterway project authorized by the Act of acre maneuvering basin located at the head (9) Thence north 52 degrees, 7 minutes, 32 January 21, 1927 (commonly known as the of navigation, is redesignated as an anchor- seconds west 78.69 feet. ‘‘River and Harbor Act of 1927’’) (44 Stat. age area. (10) Thence north 69 degrees, 26 minutes, 35 1013), in the South Fork of the South Branch seconds west 58.97 feet. AMENDMENT NO. 4888 of the Chicago River, as identified in sub- (11) Thence north 90 degrees, 00 minutes, 00 section (b) is not authorized. At the end, insert the following: seconds west 259.02 feet to the east line of SEC. XXX. HERBERT HOOVER DIKE SUPPLE- South Ashland Avenue. (b) DESCRIPTION OF PROJECT PORTION.—The MENTAL MAJOR REHABILITATION (12) Thence south 1 degree, 32 minutes, 31 portion of the project referred to in sub- REPORT. seconds east along that east line 322.46 feet. section (a) is the portion of the SW 1⁄4 of sec. (a) IN GENERAL.—Not later than May 31, (13) Thence south 00 degrees, 14 minutes, 35 29, T. 39 N., R. 14 E., Third Principal Merid- 2007, the Secretary shall publish a supple- seconds east along that east line 11.56 feet to ian, Cook County, Illinois, and more particu- ment to the major rehabilitation report for the point of beginnings. larly described as follows: the Herbert Hoover Dike system, approved The bill (S. 466), as amended, was or- by the Chief of Engineers in November 2000. (1) Commencing at the SW corner of the dered to be engrossed for a third read- SW 1⁄4. (b) INCLUSIONS.—The supplemental report under subsection (a) shall include— ing, was read the third time, and (2) Thence north 1 degree, 32 minutes, 31 (1) an evaluation of existing conditions at passed, as follows: seconds west, bearing based on the Illinois the Herbert Hoover Dike system; S. 466 State Plane Coordinate System, NAD 83 east (2) an identification of additional risks as- Be it enacted by the Senate and House of Rep- zone, along the west line of that quarter, sociated with flood events at the system that resentatives of the United States of America in 1810.16 feet to the southerly line of the Illi- are equal to or greater than the standard Congress assembled, nois and Michigan Canal. projected flood risks; SECTION 1. ROCKLAND HARBOR, MAINE. (3) Thence north 50 degrees, 41 minutes, 55 (3) an evaluation of the potential to inte- As of the date of enactment of this Act, the seconds east along that southerly line 62.91 grate projects of the Corps of Engineers into portion of the project for navigation, Rock- feet to the easterly line of South Ashland an enhanced flood protection system for land Harbor, Maine, authorized by the Act of Avenue, as widened by the ordinance dated Lake Okeechobee, including— June 3, 1896 (29 Stat. 202, chapter 314), con- November 24, 1920, which is also the east line (A) the potential for additional water stor- sisting of a 14-foot channel located in of an easement to the State of Illinois for age north of Lake Okeechobee; and Lermond Cove and beginning at a point with highway purposes numbered 12340342 and re- (B) an analysis of other project features in- coordinates N. 99977.37, E. 340290.02, thence corded July 13, 1939, for a point of begin- cluded in the Comprehensive Everglades Res- running easterly about 200.00 feet to a point nings. toration Plan; and with coordinates N. 99978.49, E. 340490.02, (4) Thence continuing north 50 degrees, 41 (4) a review of the report prepared for the thence running northerly about 138.00 feet to minutes, 55 seconds east along that south- South Florida Water Management District a point with coordinates N. 100116.49, E. erly line 70.13 feet to the southerly line of dated April 2006. 340289.25, thence running westerly about the South Branch Turning Basin per for the (c) AUTHORIZATION OF APPROPRIATIONS.— 200.00 feet to a point with coordinates N. plat numbered 3645392 and recorded January There is authorized to be appropriated to 100115.37, E. 340289.25, thence running south- 19, 1905. carry out this section $1,500,000. erly about 138.00 feet to the point of origin, (5) Thence south 67 degrees, 18 minutes, 31 SEC. XXX. ILLINOIS WATERWAY, SOUTH FORK OF is not authorized. seconds east along that southerly line 245.50 THE SOUTH BRANCH OF THE CHI- SEC. 2. REDESIGNATION OF PROJECT FOR NAVI- feet. CAGO RIVER, ILLINOIS. GATION, SACO RIVER, MAINE. (6) Thence north 14 degrees, 35 minutes, 13 (a) IN GENERAL.—The portion of the Illinois The portion of the project for navigation, seconds east 145.38 feet. Waterway project authorized by the Act of Saco River, Maine, authorized under section (7) Thence north 10 degrees, 57 minutes, 15 January 21, 1927 (commonly known as the 107 of the River and Harbor Act of 1960 (33 seconds east 326.87 feet. ‘‘River and Harbor Act of 1927’’) (44 Stat. U.S.C. 577) and described as a 6-foot deep, 10- 1013), in the South Fork of the South Branch acre maneuvering basin located at the head (8) Thence north 17 degrees, 52 minutes, 44 of the Chicago River, as identified in sub- of navigation, is redesignated as an anchor- seconds west 56.20 feet. section (b) is not authorized. age area. (9) Thence north 52 degrees, 7 minutes, 32 seconds west 78.69 feet. (b) DESCRIPTION OF PROJECT PORTION.—The SEC. 3. HERBERT HOOVER DIKE SUPPLEMENTAL portion of the project referred to in sub- MAJOR REHABILITATION REPORT. (10) Thence north 69 degrees, 26 minutes, 35 section (a) is the portion of the SW 1⁄4 of sec. (a) IN GENERAL.—Not later than May 31, seconds west 58.97 feet. 29, T. 39 N., R. 14 E., Third Principal Merid- 2007, the Secretary shall publish a supple- (11) Thence north 90 degrees, 00 minutes, 00 ian, Cook County, Illinois, and more particu- ment to the major rehabilitation report for seconds west 259.02 feet to the east line of larly described as follows: the Herbert Hoover Dike system, approved South Ashland Avenue. (1) Commencing at the SW corner of the by the Chief of Engineers in November 2000. (12) Thence south 1 degree, 32 minutes, 31 SW 1⁄4. (b) INCLUSIONS.—The supplemental report seconds east along that east line 322.46 feet. (2) Thence north 1 degree, 32 minutes, 31 under subsection (a) shall include— (13) Thence south 00 degrees, 14 minutes, 35 seconds west, bearing based on the Illinois (1) an evaluation of existing conditions at seconds east along that east line 11.56 feet to State Plane Coordinate System, NAD 83 east the Herbert Hoover Dike system; the point of beginnings.

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00073 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17150 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006 REMOVAL OF INJUNCTION OF SE- ty is not intended to limit the United The assistant legislative clerk read CRECY—TREATY DOCUMENT NO. States from taking actions that it as follows: 109–12 deems necessary for the preservation of A Resolution (S. Res. 552) designating Sep- Mr. FRIST. Mr. President, as in exec- its essential security interests. tember 2006 as ‘‘National Prostate Cancer utive session, I ask unanimous consent This Treaty is in harmony with cur- Awareness Month.’’ that the injunction of secrecy be re- rent U.S. patent laws and regulations, There being no objection, the Senate moved from the following treaty trans- with minor exceptions to be addressed proceeded to consider the resolution. mitted to the Senate on September 5, in proposed legislation. Because U.S. Mr. FRIST. Mr. President, I ask 2006, by the President of the United law does not require that each patent unanimous consent that the resolution States: Patent Law Treaty and Regula- application apply to only one invention be agreed to, the preamble be agreed tions Under Patent Law Treaty, Treaty or inventive concept, and because the to, and the motion to reconsider be laid Document No. 109–12. I further ask U.S. Patent and Trademark Office as- upon the table. sesses that implementing a provision of unanimous consent that the treaty be The PRESIDING OFFICER. Without the Treaty requiring ‘‘unity of inven- considered as having been read the first objection, it is so ordered. tion’’ for all national applications time; that it be referred, with accom- The resolution (S. Res. 552) was panying papers, to the Committee on would require a substantive and im- practical change to our Patent Law, I agreed to. Foreign Relations and ordered to be The preamble was agreed to. printed; and that the President’s mes- recommend that the following reserva- The resolution, with its preamble, sage be printed in the RECORD. tion be included in the U.S. instrument reads as follows: The PRESIDING OFFICER. Without of ratification, as allowed by the Trea- objection, it is so ordered. ty: S. RES. 552 The President’s message is as fol- Pursuant to Article 23, the United States Whereas countless families in the United lows: declares that Article 6(1) shall not apply to States have a family member that suffers any requirement relating to unity of inven- from prostate cancer; To the Senate of the United States: tion applicable under the Patent Coopera- Whereas 1 in 6 men in the United States is With a view to receiving the advice tion Treaty to an international application. diagnosed with prostate cancer; and consent of the Senate to ratifica- I recommend that the Senate give Whereas throughout the past decade, pros- tion, subject to the reservation out- early and favorable consideration to tate cancer has been the most commonly di- agnosed type of cancer other than skin can- lined below, I transmit herewith the this Treaty and give its advice and con- Patent Law Treaty and Regulations cer and the second most common cause of sent to its ratification, subject to the cancer-related deaths among men in the Under the Patent Law Treaty (the reservation described above. United States; ‘‘Treaty’’), done at Geneva on June 1, GEORGE W. BUSH. Whereas, in 2006, more than 234,460 men in 2000, between the Governments of 53 THE WHITE HOUSE, September 5, 2006. the United States will be diagnosed with countries including the United States f prostate cancer and 27,350 men in the United of America. I also transmit, for the in- States will die of prostate cancer according formation of the Senate, the Key Pro- MEASURES PLACED ON THE CAL- to estimates from the American Cancer Soci- visions of the Patent Law Treaty re- ENDAR—H.R. 4157, H.R. 4761, AND ety; port prepared by the Department of H.R. 4890 Whereas 30 percent of the new diagnoses of Mr. FRIST. Mr. President, I under- prostate cancer occur in men under the age State. of 65; Strong intellectual property protec- stand there are three bills at the desk Whereas a man in the United States turns tion is a cornerstone of free trade and due for a second reading. 50 years old about every 14 seconds, increas- global market access. This Treaty pro- The PRESIDING OFFICER. The ing his odds of being diagnosed with prostate motes patent protection by codifying, clerk will report the bills by title for a cancer; harmonizing, and reducing the costs of second time. Whereas African American males suffer taking the steps necessary for obtain- The assistant legislative clerk read from prostate cancer at an incidence rate up ing and maintaining patents through- as follows: to 65 percent higher than white males and at a mortality rate double that of white males; out the world. The provisions set forth A bill (H.R. 4157) to promote a better Whereas obesity is a significant predictor in the Treaty will safeguard U.S. com- health information system. of the severity of prostate cancer and the mercial interests by making it easier A bill (H.R. 4761) to provide for explo- chance that the disease will lead to death; for U.S. patent applicants and owners ration, development, and production activi- Whereas if a man in the United States has to protect their intellectual property ties for mineral resources on the Outer Con- 1 family member diagnosed with prostate tinental Shelf, and for other purposes. worldwide. cancer, he has double the risk of prostate A bill (H.R. 4890) to amend the Congres- cancer, if he has 2 family members with such The Treaty generally sets forth the sional budget and Impoundment Control Act maximum procedural requirements diagnosis, he has 5 times the risk, and if he of 1974 to provide for the expedited consider- has 3 family members with such diagnosis, that can be imposed on patent appli- ation of certain proposed rescissions of budg- he has a 97 percent risk of prostate cancer; cants, and in addition, provides stand- et authority. Whereas screening by both a digital rectal ardized requirements for obtaining a Mr. FRIST. In order to place the bills examination (DRE) and a prostate specific filing date from which no party may on the calendar under the provisions of antigen blood test (PSA) can detect prostate deviate. Additionally, the Treaty pro- rule XIV, I object to further pro- cancer in earlier and more treatable stages vides that applicants cannot be re- ceedings en bloc. and reduce the rate of mortality due to the quired to hire representation for, The PRESIDING OFFICER. Objec- disease; among other things, the purpose of fil- Whereas ongoing research promises further tion is heard. The bills will be placed improvements in prostate cancer prevention, ing an application and that patents on the calendar. early detection, and treatments; and may not be revoked or invalidated be- f Whereas educating people in the United cause of noncompliance with certain States, including health care providers, application requirements, unless the NATIONAL PROSTATE CANCER about prostate cancer and early detection noncompliance is a result of fraud. The AWARENESS MONTH strategies is crucial to saving the lives of Treaty does not limit the United Mr. FRIST. Mr. President, I ask men and preserving and protecting our fami- States from providing patent require- unanimous consent that the Judiciary lies: Now, therefore, be it ments that are more favorable to the Committee be discharged from further Resolved, That the Senate— patent applicant or patent owner than consideration and that the Senate now (1) designates September 2006 as ‘‘National Prostate Cancer Awareness Month’’; those set forth in the Treaty or from proceed to S. Res. 552. (2) declares that it is critical— prescribing requirements that are pro- The PRESIDING OFFICER. Without (A) to raise awareness about the impor- vided for in our substantive law relat- objection, it is so ordered. The clerk tance of screening methods and the treat- ing to patents. Additionally, the Trea- will report the resolution by title. ment of prostate cancer;

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00074 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD September 5, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 17151 (B) to increase research funding to be pro- Senate, I ask unanimous consent that DEPARTMENT OF VETERANS AFFAIRS portionate with the burden of prostate can- the Senate stand in adjournment under ROBERT T. HOWARD, OF VIRGINIA, TO BE AN ASSIST- cer so that the causes of the disease, im- the previous order. ANT SECRETARY OF VETERANS AFFAIRS (INFORMATION AND TECHNOLOGY), VICE ROBERT N. MC FARLAND. proved screening and treatments, and ulti- There being no objection, the Senate, mately a cure may be discovered; and DEFENSE NUCLEAR FACILITIES SAFETY BOARD at 7:07 p.m., adjourned until Wednes- (C) to continue to consider methods to im- JOHN EDWARD MANSFIELD, OF VIRGINIA, TO BE A prove both access to and the quality of day, September 6, 2006, at 9:45 a.m. MEMBER OF THE DEFENSE NUCLEAR FACILITIES SAFE- health care services for detecting and treat- f TY BOARD FOR A TERM EXPIRING OCTOBER 18, 2011. (RE- APPOINTMENT) ing prostate cancer; and NOMINATIONS LARRY W. BROWN, OF VIRGINIA, TO BE A MEMBER OF (3) calls on the people of the United States, THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD FOR interested groups, and affected persons— Executive nominations received by A TERM EXPIRING OCTOBER 18, 2010, VICE R. BRUCE MAT- THEWS, RESIGNED. (A) to promote awareness of prostate can- the Senate September 5, 2006: PETER STANLEY WINOKUR, OF MARYLAND, TO BE A cer; MEMBER OF THE DEFENSE NUCLEAR FACILITIES SAFE- DEPARTMENT OF AGRICULTURE (B) to take an active role in the fight to TY BOARD FOR A TERM EXPIRING OCTOBER 18, 2009, VICE JOHN T. CONWAY, TERM EXPIRED. end the devastating effects of prostate can- CHARLES F. CONNER, OF INDIANA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT IN THE ARMY cer on individuals, their families, and the CORPORATION, VICE JAMES R. MOSELEY. economy; and THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR SAINT LAWRENCE SEAWAY DEVELOPMENT (C) to observe National Prostate Cancer APPOINTMENT TO THE GRADES INDICATED IN THE CORPORATION UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, Awareness Month with appropriate cere- U.S.C., SECTIONS 531 AND 3064: monies and activities. COLLISTER JOHNSON, JR., OF VIRGINIA, TO BE ADMIN- ISTRATOR OF THE SAINT LAWRENCE SEAWAY DEVELOP- To be colonel f MENT CORPORATION FOR A TERM OF SEVEN YEARS, VICE ALBERT S. JACQUEZ, TERM EXPIRED. NAKEDA L. JACKSON, 0000 CHANTAL NEWSOME, 0000 ORDERS FOR WEDNESDAY, DEPARTMENT OF THE INTERIOR SEPTEMBER 6, 2006 To be lieutenant colonel MARK MYERS, OF ALASKA, TO BE DIRECTOR OF THE Mr. FRIST. Mr. President, I ask UNITED STATES GEOLOGICAL SURVEY, VICE CHARLES G. ORSURE BEAN, 0000 GROAT, RESIGNED. COLLINS T. LYONS, 0000 unanimous consent that when the Sen- JOHN RAY CORRELL, OF INDIANA, TO BE DIRECTOR OF GEORGE H. MAXFIELD, 0000 ate completes its business today, it THE OFFICE OF SURFACE MINING RECLAMATION AND To be major ENFORCEMENT, VICE JEFFREY D. JARRETT. stand in adjournment until 9:45 a.m. on MARY AMELIA BOMAR, OF PENNSYLVANIA, TO BE DI- LILLIAN L. LANDRIGAN, 0000 Wednesday, September 6. I further ask RECTOR OF THE NATIONAL PARK SERVICE, VICE JOSEPH A. MARINO, 0000 FRANCES P. MAINELLA, RESIGNED. KELLEY L. TOMSETT, 0000 that following the prayer and pledge, DAVID LONGLY BERNHARDT, OF COLORADO, TO BE SO- STEVEN R. TURNER, 0000 the morning hour be deemed expired, LICITOR OF THE DEPARTMENT OF THE INTERIOR, VICE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR the Journal of proceedings be approved SUE ELLEN WOOLDRIDGE. APPOINTMENT TO THE GRADES INDICATED IN THE ENVIRONMENTAL PROTECTION AGENCY UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER to date, the time for the two leaders be TITLE 10, U.S.C., SECTIONS 531 AND 3064: reserved, and the Senate proceed to a WILLIAM LUDWIG WEHRUM, JR., OF TENNESSEE, TO BE AN ASSISTANT ADMINISTRATOR OF THE ENVIRON- To be lieutenant colonel period of morning business for up to 30 MENTAL PROTECTION AGENCY, VICE JEFFREY R. LARRY W. APPLEWHITE, 0000 minutes with the first 15 minutes HOLMSTEAD, RESIGNED. CLARK H. WEAVER, 0000 under the control of the majority lead- DEPARTMENT OF THE TREASURY JAY M. WEBB, 0000 To be major er or his designee and the final 15 min- PETER E. CIANCHETTE, OF MAINE, TO BE A MEMBER OF utes under the control of the minority THE INTERNAL REVENUE SERVICE OVERSIGHT BOARD PHILLIP A. HOLOCOMBE, 0000 FOR A TERM EXPIRING SEPTEMBER 14, 2010, VICE NANCY DENNIS H. MOON, 0000 leader or his designee; further, that the KILLEFER, TERM EXPIRED. THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR Senate then resume consideration of DEPARTMENT OF STATE APPOINTMENT TO THE GRADE INDICATED IN THE H.R. 5631, the Department of Defense UNITED STATES ARMY MEDICAL SPECIALIST CORPS CHARLES L. GLAZER, OF CONNECTICUT, TO BE AMBAS- UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: Appropriations bill. I further ask unan- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF To be major imous consent that the Senate stand in EL SALVADOR. recess from 12:30 p.m. to 2:15 p.m. to ac- KATHERINE M. BROWN, 0000 DEPARTMENT OF LABOR THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR commodate the weekly policy lunch- APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD STICKLER, OF WEST VIRGINIA, TO BE ASSIST- UNITED STATES ARMY JUDGE ADVOCATE GENERAL eons. ANT SECRETARY OF LABOR FOR MINE SAFETY AND CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: The PRESIDING OFFICER. Without HEALTH, VICE DAVID D. LAURISKI, RESIGNED. To be major objection, it is so ordered. DEPARTMENT OF EDUCATION JONATHAN E. CHENEY, 0000 f SARA ALICIA TUCKER, OF CALIFORNIA, TO BE UNDER JAMES S. NEWELL, 0000 SECRETARY OF EDUCATION, VICE EDWARD R. PROGRAM MC PHERSON, RESIGNED. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE Mr. FRIST. Mr. President, today we DEPARTMENT OF HOMELAND SECURITY UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: continued debate on the Department of TRACY A. HENKE, OF MISSOURI, TO BE EXECUTIVE DI- RECTOR OF THE OFFICE OF STATE AND LOCAL GOVERN- To be major Defense Appropriations bill that we MENT COORDINATION AND PREPAREDNESS, DEPART- started before the August recess. We MENT OF HOMELAND SECURITY, VICE C. SUZANNE KEVIN P. BUSS, 0000 MENCER, RESIGNED. JEFFREY CLARK, 0000 have three amendments pending, and KAREN R. HOLZCLAW, 0000 we expect to have more amendments THE JUDICIARY WILLIAM J. HUNT, 0000 SANDRA M. ROLPH, 0000 MICHAEL BRUNSON WALLACE, OF MISSISSIPPI, TO BE offered tomorrow. Votes can be ex- MICHELE R. STONE, 0000 UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- JILL S. VOGEL, 0000 pected before the weekly policy lunch- CUIT, VICE CHARLES W. PICKERING, SR., RETIRED. eons and throughout the day. We will NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE APPOINTMENT TO THE GRADE INDICATED IN THE work to finish this important spending STEPHEN S. TROTT, RETIRED. UNITED STATES ARMY VETERINARY CORPS UNDER bill no later than tomorrow or Thurs- TITLE 10, U.S.C., SECTION 531 AND 3064: EXECUTIVE OFFICE OF THE PRESIDENT day. Members who have amendments To be major JAMES F.X. O’GARA, OF PENNSYLVANIA, TO BE DEPUTY still to offer to this bill should consult DIRECTOR FOR SUPPLY REDUCTION, OFFICE OF NA- JOHN PARSONS, 0000 with the bill managers to get their TIONAL DRUG CONTROL POLICY, VICE BARRY D. CRANE. IN THE NAVY amendments in the queue. Again, I wel- THE JUDICIARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT come my colleagues back from the re- WILLIAM GERRY MYERS III, OF IDAHO, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES NAVY cess. We have a lot of work to do, as I STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE UNDER TITLE 10, U.S.C., SECTION 624: THOMAS G. NELSON, RETIRED. outlined earlier this morning, over the To be lieutenant commander DEPARTMENT OF JUSTICE course of the next several weeks, and RYAN G. BATCHELOR, 0000 WILLIAM W. MERCER, OF MONTANA, TO BE ASSOCIATE CHRISTOPHER M. SYLVESTER, 0000 we can expect some very full days. ATTORNEY GENERAL, VICE ROBERT D. MC CALLUM, JR. JASON T. YAUMAN, 0000 f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE JUDICIARY TO THE GRADE INDICATED IN THE UNITED STATES NAVY ADJOURNMENT UNTIL 9:45 A.M. WILLIAM JAMES HAYNES II, OF VIRGINIA, TO BE UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- To be lieutenant commander TOMORROW CUIT, VICE H. EMORY WIDENER, JR., RETIRING. Mr. FRIST. Mr. President, if there is TERRENCE W. BOYLE, OF NORTH CAROLINA, TO BE MARC A. ARAGON, 0000 UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- THOMAS C. BALL, 0000 no further business to come before the CUIT, VICE J. DICKSON PHILLIPS, JR., RETIRED. PABLO C. BREUER, 0000

VerDate Sep 11 2014 09:48 May 10, 2017 Jkt 049102 PO 00000 Frm 00075 Fmt 0685 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S05SE6.REC S05SE6 ejoyner on DSK30MW082PROD with BOUND RECORD 17152 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 13 September 5, 2006

JOHN W. CARLS, 0000 JON K. NEUHALFEN, 0000 PAMELA GRAHAM, 0000 ROBERT A. CLARADY, 0000 VALERIE K. ROSS, 0000 MICHAEL S. GRANT, 0000 VALENCIA V. COURTNEY, 0000 PAUL S. RUBEN, 0000 DOUGLAS C. GRAVE, 0000 HAROLD W. EMPSON, 0000 ROBERT T. STOCKTON, JR., 0000 JAMES A. GRAY, 0000 CHARLES E. FISHER, 0000 ROBERT F. VADNAIS, 0000 STEVEN P. GREER, 0000 KELLY GANNON, 0000 EDDI L. WATSON, 0000 CHRISTOPHER GROVER, 0000 TODD P. GLIDDEN, 0000 JOHN E. GUSTAFSON, 0000 LOUIS M. GUTIERREZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACINTO T. GUTIERREZ, 0000 SAMARIA M. HUNTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM S. HAFLEY, 0000 CAROLINE D. LAHMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TERRY F. HALL, 0000 LAURO LUNA, 0000 To be lieutenant commander JAMES L. HAMILTON, 0000 GEORGE J. MCCAFFREY III, 0000 ERIC D. HANSEN, 0000 MICHAEL S. MILLIKEN, 0000 RENE V. ABADESCO, 0000 MICHAEL L. HARRIS, 0000 BRADLEY R. NALITT, 0000 ALAN D. ABSHEAR, 0000 DAVID R. HARROLD, 0000 JASON W. PATTERSON, 0000 CHERYL A. AGE, 0000 BRUCE B. HAYNES, 0000 RAFAEL PEREZ, JR., 0000 DAVID R. AGLE, 0000 DONALD HEFFENTRAGER, 0000 SAMMIE PRINGLE II, 0000 ANDREW J. ASHTON, 0000 TIMOTHY A. HILL, 0000 WILLIAM A. REVAK, 0000 MATTHEW T. ATWOOD, 0000 DONALD E. HOCUTT, 0000 ANTONIO J. SCURLOCK, 0000 CHRISTOPHER BAILEY, 0000 TIMOTHY R. HODSKINS, 0000 CHRISTOPHER SIMPSON, 0000 LOUIS H. BALOT, 0000 THOMAS G. HOLCOMB, 0000 JONATHAN W. SIMS, 0000 DONNA M. BAPTISTE, 0000 PAUL L. HOMAN, 0000 GREGORY S. TAYLOR, 0000 JAMES S. BARNES, 0000 GREGORY W. HORSHOK, 0000 JEFFREY S. WILLIAMS, 0000 KEVIN S. BARNETT, 0000 PATRICK J. HOUGH, 0000 ROBERT A. YEE, 0000 DAVID W. BAXLEY, 0000 DAVID S. HUBBELL, 0000 KEITH L. BECK, 0000 DAVID L. HUNT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM M. BEGLAU, 0000 FRANKLIN W. HUNT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BYRON K. BENARD, 0000 CHARLES D. HUNTINGTON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: AMY C. BENDER, 0000 DERRICK L. HUTCHISON, 0000 To be lieutenant commander EDWARD M. BENDER, 0000 STEVEN D. INGRAM, 0000 MICHAEL J. BICKEL, 0000 MARK P. INGWERSEN, 0000 MICHAEL J. BARRIERE, 0000 DAVID M. BIRMINGHAM, 0000 EARLY JACKSON, 0000 ROBERT L. BURGESS, 0000 ALICE J. BLACK, 0000 ATKINS JINADU, 0000 BERNARD F. CALAMUG, 0000 WILLIAM H. BLANCHARD, 0000 DONALD JOHNSON, 0000 KENNETH D. CAMERON, 0000 CLIFTON A. BOYCE, 0000 GORDON W. JOHNSON, 0000 SCOTT G. CARTER, 0000 LAMAR R. BRADLEY, 0000 MICHAEL E. JOHNSTON, 0000 FRANCINI R. CLEMMONS, 0000 EDWARD B. BRINSON, JR., 0000 TODD M. JOHNSTON, 0000 MARC K. FARNSWORTH, 0000 BRUCE G. BRONK, 0000 HARRY L. JUNEAU, 0000 CHRISTOPHER J. HAAS, 0000 PURVIS A. BROUGHTON, 0000 MICHAEL R. KASZUBA, 0000 JON M. HERSEY, 0000 CARVIN A. BROWN, 0000 GEORGE S. KELLAS, 0000 JOSEPH A. HIDALGO, JR., 0000 MARY A. BROWN, 0000 ROY G. KIDDY, 0000 DALE F. LOCKLAR, 0000 STUART A. BROWN, 0000 CRIS S. KIDWELL, 0000 VENCENT W. LOGAN, 0000 JOED M. BRUCE, 0000 VINCENT M. KIRSCH, 0000 JOSHUA D. MACMURDO, 0000 MARK S. BURGETT, 0000 ANTHONY A. KITSON, 0000 MICHAEL MARRERO, 0000 CELETA L. BURKS, 0000 PETER J. KLOETZKE, 0000 TERENCE N. MEJOS, 0000 JOSEPH P. BURNS, 0000 BRIAN F. KOSKO, 0000 RICARDO MERCADO, 0000 WILLIAM J. BURROWS, 0000 MICHAEL J. KRAFT, 0000 SATURNINO MOJICA, 0000 DANIEL J. CARIUS, 0000 FRANK S. KREMER, 0000 JEFFREY J. MYERS, 0000 BRYAN K. CATOE, 0000 WILLIAM M. KRUMP, 0000 WINFORD A. PEREGRINO, 0000 DANIEL R. CEITHAMER, 0000 DAVID L. LANDON, 0000 MARILEE A. PIKE, 0000 RICK L. CHAMBERS, 0000 RICHARD G. LANIER, 0000 SCOTT C. SCHULZ, 0000 WILLIAM C. CHAMBERS, 0000 DAVID A. LAUFFENBURGER, 0000 TIMOTHY M. SNOWDEN, 0000 NORMAN H. CHASSE, 0000 ANTHONY LEONE, 0000 KENTARO A. TACHIKAWA, 0000 DONALD E. CISSELL, 0000 DONALD P. LIBBY, 0000 JOHN A. TURNER, 0000 DAVID G. CLARK, 0000 ROBERT E. LOEFFLER, 0000 MICHAEL D. WAGNER, 0000 WILLIAM J. CLARK, 0000 DAVID W. LONG, 0000 JOHN W. COATES, 0000 KENNETH J. LOOKABAUGH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN A. COCHRAN, 0000 VICKIE L. LUCAS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY GARY E. COLEMAN, 0000 MICHAEL R. LUTHER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CLIFFORD COLLINS, 0000 CHARLES E. LYNCH, 0000 To be lieutenant commander BRUCE J. CONWAY, 0000 CHARLES H. MAHER, 0000 MATTHEW T. COOPER, 0000 DANIEL D. MALONEY, 0000 JOHN A. ANDERSON, 0000 MICHAEL R. CORBIN, 0000 PATRICK J. MARCOTTE, 0000 MARIO BENTIVOGLIO, 0000 CHARLES C. COWART, 0000 CHARLIE L. MARTIN, 0000 CATHERINE W. BOEHME, 0000 WESLEY D. CUNNINGHAM, 0000 DANIEL S. MARTINDALE, 0000 CINDA L. BROWN, 0000 MICHAEL L. DALE, 0000 JOSE A. MARTINEZ, 0000 GEORGE R. CARAMICO, 0000 MELITON A. R. DASCO, 0000 MICHAEL B. MARTINEZ, JR., 0000 SAMUEL F. CORDERO, 0000 CHARLES B. DAVENPORT, 0000 WARREN S. MCCALLUM, 0000 JOSHUA D. CRINKLAW, 0000 EDDIE E. DAVIS, 0000 GUY E. MEFFERD, 0000 GREGORY L. ELKINS, 0000 JEFFREY S. DAVIS, 0000 JIMMY H. MELTON, 0000 KEVIN M. FLOOD, 0000 LAWRENCE W. DAY, 0000 THOMAS H. MILLER, 0000 JASON GRABELLE, 0000 KEITH W. DEBBAN, 0000 ROBERT L. MOORE, 0000 DANIEL M. HAASE, 0000 MICHELLE M. DEBOURGE, 0000 CARTER L. MORELAND, 0000 CHRISTOPHER I. HOAG, 0000 THOMAS A. DECKER, 0000 JEFFREY T. MORGAN, 0000 KEITH C. HOWLAND, 0000 RICHARD A. DEHAVEN, 0000 CHARLES E. MORRIS, 0000 STEVEN E. ISOMURA, 0000 MIKE A. DEHOYOS, 0000 JEROME D. MORRIS, 0000 MICHAEL E. KALINSKI, 0000 CHRISTINA DIGREGORIO, 0000 ROBERT D. MYERS, 0000 PETER K. KENDALL, 0000 JOEL A. DOANE, 0000 HEZEKIAH NATTA, JR., 0000 JEROD W. KETCHAM, 0000 FRANCIS J. DONAHUE, 0000 WILLIAM H. NEIGER, 0000 DANIEL C. KIDD, 0000 ADAM DONALDSON, 0000 OTTIS R. NELSON, 0000 JULIE A. KITCHENKA, 0000 KARL R. DREIKORN, 0000 THOMAS E. NELSON, 0000 JAMES A. KUHLMANN, 0000 BRADY J. DRENNAN, 0000 GIL V. NICDAO, 0000 FREDERICK L. LENTZ II, 0000 STEVEN D. DUNCAN, 0000 CHRISTOPHER T. NICHOLS, 0000 JON P. LETOURNEAU, 0000 FLOYD A. DYAL, 0000 GEORGE R. NIEDHAMMER, 0000 JEFFREY S. LOCK, 0000 CAROL A. EATON, 0000 PAUL M. NIELSON, 0000 JOHN R. MENTZER, 0000 LAWRENCE A. EDWARDS, 0000 DONALD P. OCONER, 0000 PHILIP R. MLYNARSKI, 0000 KELLY D. ENNIS, 0000 JOSEPH P. OHARA, 0000 JAMES P. MOSMAN, 0000 HOWLAND I. ENOKIDA, 0000 JOHN E. OLANOWSKI, 0000 SEAN P. NILES, 0000 DONALD E. EVERSOLL, 0000 DAVID B. OLDHAM, JR., 0000 KYLE OLECHNOWICZ, 0000 SEAN B. FARRELL, 0000 BERRENDIA K. ONEAL, 0000 MICHAEL L. ROACH, 0000 EDWARD L. FEIDT, 0000 MATTHEW ONEILL, 0000 ROMAN P. SALM III, 0000 TERRY D. FELLOWS, 0000 PATRICK O. PADDOCK, 0000 MICHAEL W. SMITH, 0000 THOMAS J. FELTEN, 0000 JUAN A. PAGAN, 0000 CRAIG A. SYLVESTER, 0000 JOSEPH G. FELTOVIC, 0000 PERRY B. PAGE, 0000 OMAR J. WHEATLEY, 0000 JEFFREY P. FENDICK, 0000 BARRY C. PARHAM, 0000 CHRISTOPHER G. WILLIAMS, 0000 KENNETH H. FERGUSON, 0000 DREMA D. PARSONS, 0000 JAY A. YOUNG, 0000 DEAN R. FISHER, JR., 0000 ROBERT F. PAULEY, 0000 JOAN J. FISHER, 0000 WANDA S. PEACOCK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM J. FRANCIS, 0000 RAYMOND C. PENLAND, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY A. FRANKS, 0000 ALFREDO M. PINEDA, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY S. FREELAND, 0000 JAMES W. PITCOCK, 0000 To be lieutenant commander ALLEN L. FRY, 0000 YVONNE O. PITTS, 0000 TYLER R. FRYE, 0000 TERRY J. PRATT, 0000 GERARD D. AVILA, 0000 FRANK FUENTES III, 0000 WILLIAM S. PRATT, 0000 DERRICK E. BLACKSTON, 0000 CHARLES P. FULWIDER, 0000 CHRISTOPHER PRESSLEY, 0000 MATTHEW C. BYRNE, 0000 MICHAEL B. GARBER, 0000 ALAN W. PROCTOR, 0000 BRENT E. COWER, 0000 DAVID E. GARRETSON, 0000 JAMES M. PYLE, 0000 ROMADEL E. DELASALAS, 0000 GARY W. GAULDIN, 0000 TODD M. RADEMACHER, 0000 BRIAN D. DOHERTY, 0000 PETER R. GERYAK, 0000 TIMOTHY R. RAGNAR, 0000 WILLIAM B. HINSON, 0000 KEVIN W. GILES, 0000 EDWARD E. RANCOURT, 0000 RONALD HOJNOWSKI, 0000 RENE G. GOCO, 0000 STEPHEN R. RANNE, 0000 SUZANNE M. JOHNSON, 0000 ALVIN M. GONZALEZ, 0000 CHRISTOPHER L. RAYBURN, 0000 KIMBERLY M. KRAMER, 0000 MARC T. GOODE, 0000 MARK D. REAVIS, 0000

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ESTEBAN RICO, 0000 JAMIE L. HORNING, 0000 WALTER H. ALLMAN III, 0000 MATTHEW G. ROBERTS, 0000 FRANK E. HUDSON, 0000 NICOLE I. AMADOR, 0000 EDDIE ROBLES, 0000 KENNETH M. HUGHES, 0000 ROBERT J. ANDERSON, 0000 VICTOR O. ROMAN, 0000 JASON P. HURLEY, 0000 GABRIEL A. ANSEEUW, 0000 DWAYNE W. RUFFNER, 0000 JOANNA C. JACKOBY, 0000 JAMES M. ANSLEY, 0000 BERNARDO C. SALAZAR, 0000 VINCENT W. KIRSCH, 0000 ISAAC C. ARMSTRONG IV, 0000 ERIC M. SAMUELSON, 0000 KENNETH T. KLIMA, JR., 0000 ROBERT A. ARMSTRONG, 0000 ROBERT M. SAUNDERS, 0000 GRANT M. KOENIG, 0000 CHRISTOPHER S. ARNOLD, 0000 WILLIAM M. SCHAEFER, 0000 DAWN A. KUPSKI, 0000 DANIEL J. AUGUST, 0000 MACK F. SCHMIDT, 0000 WILLIAM E. KUPSKI, 0000 JEREMY J. AUJERO, 0000 JERRY L. SCHULTZ, 0000 ERIC S. LASER, 0000 PAUL R. AUSTIN, 0000 LOUIS V. SCOTT, 0000 BRYAN H. LEESE, 0000 THOMAS B. AYDT, 0000 NIGEL A. SEALY, 0000 JOHN R. LEHMANN, 0000 KIRBY M. BADGER, 0000 JEFFREY C. SERVEN, 0000 KRISTI A. LEHMKUHLER, 0000 CHRISTOPHER M. BAHNER, 0000 DALE W. SEXTON, 0000 GEORGE M. LOWE, 0000 TODD S. BAIER, 0000 ROY J. SIMMONS, 0000 MAUREEN O. MANDAC, 0000 WILLIAM C. BAKER, 0000 MICHAEL E. SIMPKINS, 0000 GEOFFREY M. MCGARRIGLE, 0000 KURT D. BALAGNA, 0000 JAMES A. SMITH, 0000 JASON D. MENARCHIK, 0000 JOSEPH E. BALDETTI, 0000 JERRY L. SMITH, JR., 0000 JAMES T. MERCHANT, 0000 BRIAN M. BALLER, 0000 LEROY SMITH, 0000 STEPHANY L. MOORE, 0000 KEITH A. BARAVIK, 0000 NICHOLAS SMITH, 0000 JON A. OCONNOR, 0000 RICHARD L. BARGAS, 0000 TIMOTHY D. SMITH, 0000 SEAN T. OCONNOR, 0000 ANDREW R. BARLOW, 0000 ERWIN J. SNELL, 0000 PHILIP B. OHLEMEIER, 0000 DEWAINE M. BARNES, 0000 MICHAEL R. SNIDER, 0000 MICHAEL V. OWEN, 0000 JEFFERY A. BARRETT, 0000 LYLE V. SPAIN, 0000 JAMES M. PENDERGAST, 0000 JOHN S. BARSANO, 0000 ALLEN R. STAMBAUGH, 0000 MARCUS R. POLSON, 0000 BRIAN J. BARTLETT, 0000 ERIC J. STEIN, 0000 KRISHNA C. PULGAR, 0000 BRIAN P. BASS, 0000 JEFFREY T. STEPHENS, 0000 CHRISTY J. REICHARDT, 0000 ANDREW D. BATES, 0000 WADE M. STEPHENS, 0000 JEFFREY D. RHINEFIELD, JR., 0000 STEPHEN W. BAUGH, 0000 LEON B. TACKITT, 0000 KYLE P. RILEY, 0000 ANDREW M. BAXTER, 0000 ANDREW P. THOMAS, 0000 GEOFFREY G. RUTECKI, 0000 ROBERT L. BAYLIS, 0000 JAMES E. THOMAS, 0000 LENSWORTH A. SAMUEL, 0000 KYLE R. BEAHAN, 0000 TRACY I. TRUITT, 0000 CHRISTOPHER M. SAVAGE, 0000 PATRICK J. BEAM, 0000 EUGENE T. TSCHUDY, 0000 KARL SHANK, 0000 JUSTIN C. BEELER, 0000 WESBURN J. UNGER, 0000 JOHN W. SHONE, 0000 DAVID H. BELEW, 0000 VICTOR L. VAUGHAN, 0000 RISA B. SIMON, 0000 JASON J. BENDER, 0000 GEORGE G. VERGOS, 0000 JOSEPH F. SIMONE, 0000 WALLACE S. BERG, 0000 KYLE J. VERNON, 0000 CHRISTOPHER H. SMITH, 0000 WILLIAM J. BERRYMAN, 0000 MICHAEL S. VINING, 0000 DOROTHY M. SMITH, 0000 ROBERT T. BIBEAU, 0000 TANYA J. WALLACE, 0000 ROBERT J. TEAGUE, 0000 BRANNON S. BICKEL, 0000 KENNETH G. WALTON, 0000 KIRBY L. TOLCH, 0000 ERIK M. BIELIK, 0000 EZRA A. WARD, 0000 MAXIMILLIAN L. WESTLAND, 0000 STEPHEN G. BIRD, 0000 DOUGLAS D. WASKIEWICZ, 0000 RYAN W. WHITESITT, 0000 JENNIFER M. BLAKESLEE, 0000 RICHARD P. WEISS, 0000 MARK E. WRIGHT, 0000 RYAN J. BLAZEVICH, 0000 CHARLES A. WHEATLEY, 0000 MATTHEW C. YOUNG, 0000 SHAWN D. BLICKLEY, 0000 MARK S. WHITTAKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES W. BOERNER, 0000 JOHN C. WILKERSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY HOWARD J. BOGAC, 0000 CHRISTOPHER A. WILLIAMS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CURTIS L. BOGETTO, 0000 ERIC M. WILLIAMS, 0000 THEODORE A. BOHL, 0000 MICHAEL WILLIAMSON, 0000 To be lieutenant commander KURT H. BOHLKEN, 0000 JOHN F. WOLSTENHOLME, 0000 BRIAN S. BOICE, 0000 TRACY L. BLACKHOWELL, 0000 DAVID A. WOODS, 0000 DANIEL A. BOMAN, 0000 SEAN J. BRANDES, 0000 MARK W. YATES, 0000 LIAM O. BOOHER, 0000 STEVEN C. CALHOUN, 0000 MICHAEL W. F. YAWN, 0000 DERRICK D. BOOM, 0000 JASON L. CORNELISON, 0000 DRUMMOND R. BOORD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GLORIA E. COX, 0000 GEOFFREY P. BOWMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANNA M. CULPEPPER, 0000 ORLANDO S. BOWMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MARK L. CUMMINGS, 0000 STEVEN P. BRABEC, 0000 WILLIAM A. DANIELS, 0000 ENID S. BRACKETT, 0000 To be lieutenant commander JAMES C. DUDLEY, JR., 0000 JOHN S. BRADDOCK, 0000 DAVID C. DURAZZO, 0000 AMY L. BLEIDORN, 0000 JOHN F. BRADFORD, 0000 JEFFERSON D. DYER, 0000 DANIEL E. BUTLER, 0000 MICHAEL P. BRADLEY, 0000 CHRISTOPHER D. ENG, 0000 GLEN M. CESARI, 0000 FLINT J. BRADY, 0000 KEVIN L. ERNEST, 0000 ERICK L. EDWARDS, 0000 JASON J. BRIANAS, 0000 TRENNY R. FOSTER, 0000 DANNY J. GARCIA, 0000 KENDALL G. BRIDGEWATER, 0000 JAMES E. GIBB, 0000 JOHN E. HENDRICKSON, 0000 JOHN H. BRIGHT III, 0000 CHRISTOPHER M. GUOAN, 0000 BENJAMIN A. JONES, 0000 KEVIN M. BRINK, 0000 SCOTT A. HENRIKSON, 0000 RUTH A. LANE, 0000 LUIS D. BRIONES, 0000 DUANE W. HOUSER, 0000 SHANE STOUGHTON, 0000 CARL W. BROBST, JR., 0000 BLAKE G. JACOBSON, 0000 KENNETH A. WALLACE, 0000 BOBBY E. BROWN, JR., 0000 CYNTHIA P. KEATING, 0000 MICAH A. WELTMER, 0000 CALEB C. BROWN, 0000 CORLISS A. KINARD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COREY W. BROWN, 0000 PAUL D. LASHMET, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DERECK C. BROWN, 0000 KEVIN T. LIVINGSTON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DEREK R. BROWN, 0000 KEVIN R. LOCK, 0000 GARY L. BROWN, 0000 DOMINIC R. LOVELLO, 0000 To be lieutenant commander GREGORY E. BROWN, 0000 DANYELLE M. LOW, 0000 MARK A. BROWN, 0000 COREY B. BARKER, 0000 KENDRICK R. MACKLIN, 0000 TROY A. BROWN, 0000 CHARLES M. BELL, JR., 0000 JOSEPH J. MARCUS, 0000 BARRY M. BRUMMETT, 0000 DAVID A. BENHAM, 0000 THOR MARTINSEN, 0000 JOSEPH R. BRUNSON, 0000 WILLIAM G. DAVIS III, 0000 ANDREA J. MCLEMORE, 0000 HOWARD M. BRYANT, 0000 WILLIAM F. KUEBLER, 0000 SHERRI R. MITCHELL, 0000 SAMUEL C. BRYANT, 0000 ROBERT T. LYON, 0000 ANDREW T. NEWSOME, 0000 ELAINE A. BRYE, 0000 WALTER M. MATTHEWS, 0000 MINH Q. PHAN, 0000 SCOTT L. BUCHANAN, 0000 BARBARA J. MERTZ, 0000 CHRISTOPHER V. QUICK, 0000 SCOTT J. BUCHAR, 0000 RYAN M. PERRY, 0000 JAMES W. REMINGTON, 0000 KURT A. BUCKENDORF, 0000 JON D. SPIERS, 0000 ROGER L. ROGERS, 0000 JOSEPH M. BUCZKOWSKI, 0000 WILLIAM R. URBAN, 0000 JARED T. SALAZAR, 0000 THOMAS A. BUECKER, 0000 IRVIN D. SMITH, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CALVIN E. BUMPHUS, 0000 PETER J. SPITALE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY LEONARD BUNCH, 0000 CHRISTOPHER J. STOREY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SEAN K. BURKE, 0000 WILLIAM K. TIRRELL, 0000 TIMOTHY J. BURKE, 0000 To be lieutenant commander MARK A. VENZOR, 0000 PAUL R. BURKHART, 0000 JEFFREY R. VRCHOTICKY, 0000 NATHANIEL A. BAILEY, 0000 CHRISTOPHER D. BURKS, 0000 GREGORY V. WINGER, 0000 SCOTT D. BARSCZEWSKI, 0000 DAVID A. BURMEISTER, 0000 SEAN M. WOODSIDE, 0000 JONATHAN V. BERIS, 0000 MARK C. BURNS, 0000 HEATH D. BOHLEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN P. BURROW, 0000 REBECCA A. BOONE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES W. BURTON, 0000 SCOTT M. BOOTHROYD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN J. BURY, 0000 BRADLEY D. BROWN, JR., 0000 To be lieutenant commander ABE A. BUSH III, 0000 BRIAN S. CAREY, 0000 RAOUL J. BUSTAMANTE, 0000 JAMES L. CASTLEBERRY, 0000 CHARLES J. ACKERKNECHT, 0000 NATHAN R. BUTIKOFER, 0000 THOMAS R. CHAPMAN III, 0000 DAVID J. ADAMS, 0000 BRYCE D. BUTLER, 0000 JAY W. CLEMONS, 0000 JAMES G. ADAMS, 0000 CHRISTOPHER R. BUTLER, 0000 THOMAS D. CROCI, 0000 RECO L. AIKENS, 0000 CYNTHIA J. BUTLER, 0000 DAVID M. CROWE, 0000 MARK R. ALEXANDER, 0000 EDWARD K. BYERS, 0000 HUBERT C. DANTZLER III, 0000 MARTY J. ALEXANDER, 0000 ROBERT BYFORD II, 0000 MICHAEL G. DUDAS, 0000 CLIFFORD J. ALLEN, 0000 KEVIN H. CADY, 0000 BRIAN M. FOSS, 0000 HENRY J. ALLEN, 0000 ADRIAN T. CALDER, 0000 JOSEPH D. FRASER, 0000 RODNEY ALLEN, 0000 ALEXANDER J. CALLAHAN III, 0000 MICHAEL M. GIBSON, 0000 TIMOTHY E. ALLEN, 0000 LEWIS W. CALLAWAY, 0000 DIANA GUGLIELMO, 0000 PAUL M. ALLGEIER, 0000 SCOTT I. CAMPBELL, 0000

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JACOB CANDELARIA, 0000 CHRISTOPHER S. ENGLAND, 0000 ASHLEY M. HARRIS, 0000 KEVIN R. CARLSON, 0000 EVERETTE T. ENTZMINGER, 0000 MARK R. HARRIS, 0000 JOSEPH J. CASALE, 0000 CHRISTOPHER E. ESCAJEDA, 0000 GRANT I. HARTFIELD, 0000 BRICE D. CASEY, 0000 RICKSON E. EVANGELISTA, 0000 MICHAEL C. HARVEY, 0000 DAVID M. CASS, 0000 JASON T. EVANS, 0000 CHAD A. HASKELL, 0000 CARRINE N. CASSADY, 0000 ZACHARY J. EVANS, 0000 JUSTIN T. HAWKINS, 0000 ARMANDO J. CASTELLANOS, 0000 KEITH E. EVEN, 0000 IAN D. HAWLEY, 0000 JEFFREY S. CATHCART IV, 0000 STEPHEN A. EVERAGE, 0000 WILLIAM D. HAWTHORNE, 0000 JAMES V. CELANI, JR., 0000 FORD C. EWALDSEN, JR., 0000 JAMES A. HAYES, 0000 HECTOR A. CERVANTES, 0000 MICHAEL C. EXUM, 0000 JOHN J. HAYS III, 0000 MEGER D. CHAPPELL, 0000 SCOTT EYSENBACH, 0000 THOMAS L. HEAD, 0000 GARY M. CHASE, 0000 RAFAEL C. FACUNDO, 0000 FRANZ M. HELCHINGER, 0000 DAVID Y. CHO, 0000 EDWARD A. FAHRENKRUG, 0000 GABRIEL J. HELMS, 0000 JOSEPH P. CHOPEK, 0000 STEVEN E. FAULK, 0000 ERIK D. HENDERSON, 0000 CORY C. CHRISTENSEN, 0000 JUSTIN T. FAUNTLEROY, 0000 JUSTIN K. HENDRICKSON, 0000 KIRK A. CHRISTOFFERSON, 0000 PETER F. FEHER, 0000 MATTHEW S. HENDRICKSON, 0000 JASON L. CHUDEREWICZ, 0000 BRANT A. FELDMAN, 0000 WILLIAM M. HENSON, 0000 THANE C. CLARE, 0000 PAUL J. FELINI, 0000 INDALECIO M. HERNANDEZ, 0000 ANDREW J. CLARK IV, 0000 TROY A. FENDRICK, 0000 MANUEL HERNANDEZ, 0000 PAUL W. CLARK, 0000 DANIEL E. FILLION, 0000 BRIAN M. HESS, 0000 SHANNON M. CLARK, 0000 JAMES B. FILLIUS, 0000 ERIK M. HESS, 0000 THOMAS M. CLARK, 0000 DONALD S. FINKLESTINE, 0000 ERIC P. HIGGS, 0000 JEREMY L. CLAUZE, 0000 BENJAMIN H. FINNEY, 0000 JEFFREY W. HILL, 0000 CHRISTOPHER M. COATS, 0000 STANFORD E. FISHER III, 0000 KATRINA L. HILL, 0000 DANIEL COBIAN, 0000 BRIAN P. FITZSIMMONS, 0000 MARK W. HILL, 0000 SCOTT D. COCKRUM, 0000 DEREK R. FIX, 0000 MARTIN J. HILL III, 0000 KIRK E. COCO, 0000 WILLIAM A. FLECK II, 0000 ROBERT M. HILL, 0000 JOSHUA C. J. COHEN, 0000 ADAM L. FLEMING, 0000 DANIEL R. HILLER, 0000 JEFFREY S. COKER, 0000 KELLY T. FLETCHER, 0000 KELLY A. HINDERER, 0000 JAYSON L. COLEBANK, 0000 PAUL N. FLORES, 0000 BRIAN E. HINER, 0000 JONATHAN S. COLLINS, 0000 STEVEN M. FOLEY, 0000 LEONID L. HMELEVSKY, 0000 NOAH S. COLLINS, 0000 MICHAEL K. FORD, 0000 CHRISTOPHER R. HOBBS, 0000 RYAN D. COLLINS, 0000 JACOB A. FORET, 0000 ARTHUR A. HODGE, 0000 JAMES N. COLSTON, 0000 EDWARD R. FOSSATI, 0000 JUSTIN R. HODGES, 0000 WILLIAM P. COLSTON, 0000 JASON M. FOSTER, 0000 SIDNEY W. HODGSON III, 0000 MICHAEL CONCANNON, 0000 TIMOTHY W. FOX, 0000 PETER HOEGEL, JR., 0000 CHRISTOPHER M. CONDON, 0000 JOEL A. FRAGALE, 0000 BRIAN P. HOGAN, 0000 MATTHEW T. CONERLY, 0000 MICHAEL D. FRANCE, 0000 TODD K. HOLBECK, 0000 CHAD J. CONEWAY, 0000 ROBERT C. FRANCIS, JR., 0000 MICHAEL C. HOLLAND, 0000 BRIAN D. CONNOLLY, 0000 MATTHEW T. FRAUENZIMMER, 0000 MICHAEL P. HOLLENBACH, 0000 CHARLES O. COOK, 0000 JONATHAN A. FRAZIER, 0000 PETER J. HOLTON, 0000 JOHN O. COOKE, 0000 CARLTON Q. FREEMAN, 0000 CHAD R. 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GORMAN, 0000 BARTOLOME R. J. JUMAOAS, 0000 GEORGE M. DOLAN, 0000 THOMAS R. GOUDREAU, 0000 DAVID I. KAISER, 0000 CHRISTOPHER T. DOLLARD, 0000 ANDREW P. GRABUS, 0000 CHRISTOPHER B. KASTEN, 0000 BENJAMIN W. DOMOTO, 0000 AMY E. GRAHAM, 0000 MICHAEL P. KEENAN, 0000 MATTHEW F. DONAHUE, 0000 CHAD W. GRAHAM, 0000 THOMAS M. KEENAN, 0000 BRIAN M. DONOVAN, 0000 JEFFREY T. GRANT, 0000 STEPHEN G. KEENE, 0000 JUSTIN A. DOWD, 0000 NICHOLAS S. GREEN, 0000 DARRELL L. KELLER, JR., 0000 MICHAEL L. DOXEY, 0000 JOSEPH R. GREENTREE, 0000 DANIEL J. KELLY, 0000 ERIK P. DOYE, 0000 DALE M. GREGORY, JR., 0000 MARC A. KENNEDY, 0000 ERIC C. DOYLE, 0000 JOHN R. GREGORY, 0000 JEFFREY D. KETCHAM, 0000 JAMES P. DREW, 0000 JEANETTE D. GROENEVELD, 0000 IAN P. KIBLER, 0000 MICHAEL R. DUBUQUE, 0000 JONATHAN M. GROENKE, 0000 CHRISTOPHER W. KIDNEY, 0000 BENJAMIN P. DUELLEY, 0000 JONATHAN D. GRUEN, 0000 JOHN C. KIEFABER, 0000 HALLE D. DUNN, 0000 SEAN T. GRUNWELL, 0000 ROBERT M. KIHM, 0000 ALEXANDER C. DUTKO, 0000 BRIAN C. GUGLIOTTA, 0000 DANIEL W. KIMBERLY, 0000 DAVID T. EARP, 0000 MICHAEL J. GUNTHER, 0000 JAMES T. KING, 0000 PAUL N. EASTERLING, 0000 JUAN J. GUTIERREZ, 0000 JOSHUA C. KINNEAR, 0000 CHARLES E. EATON, 0000 JOHN W. HALE, 0000 DANIEL E. KINSKE, 0000 MICHAEL D. EBERLEIN, 0000 MATTHEW H. HALL, 0000 SHAWN C. KIRLIN, 0000 CHARLES B. ECKHART, 0000 CHARLES E. HAMPTON, 0000 ARIEL S. KLEIN, 0000 DANIEL D. EDDINGER II, 0000 ADAM C. HANCOCK, 0000 MICHAEL P. KLINE, 0000 ROY A. EDGE, 0000 JEREMY R. HANKINS, 0000 MATTHEW B. KLOBUKOWSKI, 0000 MOTALE E. EFIMBA, 0000 ERIC M. HANKS, 0000 ODIN J. KLUG, 0000 WILLIAM R. EHRET, JR., 0000 GLENN E. HANKS, 0000 JASON S. KNAPP, 0000 MATTHEW G. ELDER, 0000 MICHAEL H. HANSEN, 0000 DAVID H. KNIGHT, 0000 LUIS R. ELIZA, 0000 JASON D. HARDY, 0000 JOHN J. KOBLE, 0000 DAVID C. ELLIS, 0000 WILLIAM E. HARGREAVES, 0000 KENNETH S. KOELBL, 0000 BRENT J. EMBRY, 0000 KEITH J. HARNETIAUX, 0000 DANIEL R. KOMAR, 0000 TRACY L. EMMERSEN, 0000 BRIAN D. HARP, 0000 CORDELL R. KOOPMAN, 0000

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ROGER L. KOOPMAN, 0000 KEVIN O. MOLLER, 0000 MICHAEL J. RAK, 0000 STEPHEN M. KOSLOSKI, JR., 0000 ANTHONY I. MONELL, 0000 CHRISTOPHER A. RAKOV, 0000 DAVID T. KOZMINSKI, 0000 GARY G. MONTALVO, JR., 0000 RONALD A. RALLS, 0000 BRET J. KREIZENBECK, 0000 JAMES C. MONTGOMERY, 0000 KEVIN W. RALSTON, 0000 JUDD A. KRIER, 0000 JEFFREY MONTGOMERY, 0000 JAMES F. RANKIN, 0000 TIMOTHY F. KRIPPENDORF, 0000 NATHAN A. MOORE, 0000 CLARK J. RASCO, 0000 JOHN A. KRISCIUNAS, 0000 SHANNON L. MOORE, 0000 DAVID E. RASH, JR., 0000 NEIL A. KRUEGER, 0000 TIMOTHY B. MOORE, 0000 DAVID W. RAUENHORST, 0000 MARTY D. KUHL, 0000 TIMOTHY C. MOORE, 0000 DAVID M. RAY, 0000 HERBERT E. LACY, 0000 MATTHEW P. MORGAN, 0000 MATTHEW G. REAMS, 0000 TEAGUE R. LAGUENS, 0000 JEFFREY V. MORGANTHALER, 0000 LAURENCE D. REAY, 0000 ALEX C. LAM, 0000 JEFFREY A. MORRIS, 0000 KELAND T. REGAN, 0000 BRANT T. LANDRETH, 0000 DONALD L. MORRISON, JR., 0000 TIMOTHY P. REIDY, JR., 0000 JASON R. LANE, 0000 DONALD L. MOSELEY, JR., 0000 WILLIAM R. REILEIN, 0000 ERIC E. LANG, 0000 TIMOTHY F. MOTSCH, 0000 DAVID S. REILLY, 0000 JOEL B. LANG, 0000 KATHLEEN A. MULLEN, 0000 PAUL B. REINHARDT, 0000 DOUGLAS M. LANGENBERG, 0000 DAVID R. MULLINS, 0000 JASON S. RELLER, 0000 MATTHEW S. LANGLEY, 0000 GEORGE R. MURGA, 0000 ALFREDO R. RENDON, 0000 ANDRE W. LANIER, 0000 DAVID E. MURPHY, 0000 HENRY L. RENDON, 0000 MATTHEW E. LAPOINTE, 0000 JAMES P. MURPHY, 0000 MATTHEW A. RENNER, 0000 DAVID F. LASPISA, 0000 DAVID S. MURRAY, 0000 JAMES T. REYNOLDS, 0000 KENNETH B. LAWRENCE, 0000 CHRISTOPHER S. MUSSELMAN, 0000 JASON M. RHEA, 0000 LUIGI L. LAZZARI, 0000 ANTHONY M. MYERS, 0000 JOHN M. RHODES, 0000 BRENDAN J. LEARY, 0000 LARRY A. MYERS, JR., 0000 KENNETH W. RICE, 0000 JOSEPH W. LEBER, JR., 0000 PAUL S. NAGY, 0000 BRIAN A. RICH, 0000 MICHAEL D. LEE, 0000 MELVYN N. NAIDAS, 0000 CHRISTOPHER A. RICHARD, 0000 MICHAEL W. LEE, 0000 JASON M. NAIDYHORSKI, 0000 JAMES M. RICHARDS, 0000 BRIAN E. LEGAN, 0000 MICHELLE L. NAKAMURA, 0000 JEFFREY A. RICHTER, 0000 MICHAEL C. LEHRFELD, 0000 JASON A. NEAL, 0000 STEPHEN L. RIGGS, 0000 MICAH A. LENOX, 0000 TYLER Y. NEKOMOTO, 0000 ROBERT M. RINAS, 0000 DANIEL J. LEONARD, 0000 IAN R. NESBITT, 0000 ANDREW H. RING, 0000 JOHN C. LEPAK, 0000 MARK P. NEVITT, 0000 EDERLAIDA A. RITTER, 0000 JADE L. LEPKE, 0000 DANIEL A. NICHOLS, 0000 RICKY RIVERA, 0000 CHRISTOPHER J. LEVITT, 0000 JEREMY P. NILES, 0000 ROBERT P. ROBBINS, 0000 GORDON L. LEWIS, 0000 WILLIAM J. NINK, 0000 CHRISTOPHER L. ROBY, 0000 MARK E. LIERSCH, 0000 ROGER D. NISBETT, 0000 RANDY L. ROCCI, 0000 RICHARD J. LINHART III, 0000 MICHAEL A. NORTON, 0000 STEVEN L. RODENBAUGH, 0000 MARK A. LITKOWSKI, 0000 BRENDAN T. OBRIEN, 0000 TONY M. RODGERS, 0000 TOMMY L. LIVEOAK, 0000 JESSICA J. OBRIEN, 0000 ERIC W. ROE, 0000 DENNIS S. LLOYD, 0000 PAUL J. ODEN, 0000 STEPHEN M. ROE, 0000 PRICE J. LOCKARD, 0000 ERIK ODOM, 0000 DAVID J. ROGERS, 0000 TOMMY F. LOCKE, JR., 0000 BRIAN P. ODONNELL, 0000 JEFFREY D. ROGERS, 0000 ROBERT S. LOEB, 0000 EDWARD J. 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PICKENS, 0000 LEON B. SCORATOW, 0000 STEVEN R. MCDOWELL, 0000 DANIEL C. PIERCE, 0000 BRANDON M. SCOTT, 0000 MICHAEL P. MCFADDEN, 0000 GLENN D. PIERCE, 0000 DEAN L. SCRIVENER, 0000 SCOTT J. MCGINNIS, 0000 KENNETH L. PIERCE, 0000 ALBERT C. SEEMAN, 0000 RICHARD S. MCGOWEN, 0000 JEROME R. PILEWSKI, 0000 KEVIN S. SEIBEL, 0000 MARK L. MCGUCKIN, 0000 DAVID S. PLACE, 0000 BRANDON G. SELLERS, 0000 MATTHEW E. MCGUIRE, 0000 STEPHEN C. PLEW, 0000 MICHAEL I. SELLERS, 0000 BRADLEY J. MCINNIS, 0000 COREY J. PLOCHER, 0000 DAVID D. SHAND, 0000 BRIAN D. MCINTOSH, 0000 CHRISTOPHER J. POLK, 0000 RYAN P. SHANN, 0000 JACK E. MCKECHNIE, 0000 LONNIE M. POPE, 0000 JOHN D. SHANNON, 0000 SCOTT E. MCKELLAR, 0000 THOMAS R. POULTER, 0000 LEE H. SHANNON, 0000 JOHN M. MCLEAN, 0000 HAROLD S. POULTON, 0000 PETER J. SHEEHY, 0000 CHRISTOPHER R. MCNAMARA, 0000 KEITH M. POWELL, 0000 JAMES P. SHELL, 0000 ZACHARY J. MCNEILL, 0000 MICHAEL E. POWELL, 0000 JASON J. SHERMAN, 0000 MICHAEL B. MEASON, 0000 DAVID J. PRAISLER, 0000 NATHAN D. SHIFLETT, 0000 GREGORY D. MENDENHALL, 0000 ANDREW L. PRESBY, 0000 KEVIN R. SHILLING, 0000 JASON J. MENDEZ, 0000 STACEY A. PRESCOTT, 0000 CHRISTOPHER K. SHIPE, 0000 MATTHEW D. MENZA, 0000 WILLIAM G. PRESSLEY, 0000 WILLIAM H. SHIPP, 0000 MICHAEL W. MERRILL, 0000 SHAWN M. PRICE, 0000 GARRETT W. SHOOK, 0000 STEPHEN M. MERRITT, 0000 COREY L. PRITCHARD, 0000 ROBERT Y. SHU, 0000 ELIZABETH A. MEYDENBAUER, 0000 GREGORY J. PROVENCHER, 0000 BARRY J. SHUEMAKER, 0000 JEFFREY A. MILLER, 0000 BRETT A. PUGSLEY, 0000 MARK F. SILBERNAGEL, 0000 KENNETH H. MILLER, 0000 PATRICK D. PURCELL, 0000 CHRISTOPHER A. SILVA, 0000 ROBERT R. MILLER, 0000 ERIC J. PURVIS, 0000 MICHAEL C. SIMPSON, 0000 CHRISTOPHER G. MILNER, 0000 JAMES A. QUARESIMO, 0000 BRIAN C. SINCLAIR, 0000 ETHAN D. MITCHELL, 0000 DANIEL T. QUINN, 0000 ANTHONY D. SINGLETON, 0000 REED C. MITCHELL, 0000 JAMES W. RACHAL, 0000 ERIC J. SINIBALDI, 0000 TIMOTHY R. MOHR, 0000 JOSEPH P. RADELL, 0000 ROBERT G. SINRAM, 0000

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SHARN R. SKELTON, 0000 MILCIADES THEN, 0000 GREGORY R. WISEMAN, 0000 DAMON M. SLUTZ, 0000 MATTHEW C. THOMAS, 0000 DORSEY G. WISOTZKI, 0000 ROBERT G. SMALLWOOD III, 0000 JEREMY F. THOMPSON, 0000 THADDEUS S. WITHERS, 0000 DAVID T. SMITH, 0000 JOSEPH P. THOMPSON III, 0000 RONALD L. WITHROW, 0000 GERALD N. SMITH, 0000 MICHAEL B. THOMPSON, 0000 MICHAEL F. WOLNER, 0000 GREGORY A. SMITH, 0000 SHEA S. THOMPSON, 0000 ROBERT G. WONG, 0000 JANICE G. SMITH, 0000 TIMOTHY M. THOMPSON, 0000 JASON M. WOOD, 0000 JEFFREY J. SMITH, JR., 0000 JAMES T. THORP, 0000 JOHN I. WOOD, 0000 JERRY D. SMITH, 0000 TROY A. TINKHAM, 0000 CASEY L. WOODS, 0000 LLOYD L. SMITH, 0000 LYNDEN R. TOLIVER, JR., 0000 ROBERT D. WOODS, 0000 MELVIN R. SMITH, JR., 0000 JASON L. TOMASOVIC, 0000 BRYAN M. WORSWICK, 0000 ROBERT S. SMITH, 0000 BLAINE K. TOMPKINS, 0000 CRAIG E. WORTHAM, 0000 MATTHEW M. SNIFFIN, 0000 MICHAEL G. TORIBIO, 0000 GRAHAM L. WRIGHT III, 0000 WILLIAM S. SNYDER, JR., 0000 BLAKE J. TORNGA, 0000 ANDREW J. WYLIE, 0000 PATRICIA A. SOLLITTO, 0000 JASON I. TOSCANO, 0000 ROY A. WYLIE, 0000 VICTOR SORRENTINO, 0000 SUMMER S. TOSCANO, 0000 STEPHEN S. WYNFIELD, 0000 MICHELLE G. SOUTHARD, 0000 MATTHEW A. TOTORO, 0000 MARK E. YATES, 0000 CRAIG E. SPEER, 0000 JARA D. TRIPIANO, 0000 JAMES A. YEATS, 0000 JONATHAN E. SPORE, 0000 MATTHEW B. TUCKER, 0000 JAESEN V. YERGER, 0000 SINGO S. SPRAUVE, 0000 BRIAN A. TUIN, 0000 ABRAHAM N. YOUNCE, 0000 JOHN W. STAFFORD, 0000 DANIEL W. TURBEVILLE, 0000 ROY M. ZALETSKI, 0000 RICHARD J. STAFFORD IV, 0000 MICHAEL E. TURNER, 0000 RICHARD A. ZASZEWSKI, 0000 JONATHAN A. STALEY, 0000 CARLOS URBIZU, 0000 KEVIN P. ZAYAC, 0000 JASON W. STARMER, 0000 MICHAEL R. VAAS, 0000 TODD C. ZENNER, 0000 DAVID L. STEBBINS, 0000 ELISABETH A. VAGNARELLI, 0000 THOMAS J. ZERR, 0000 JEFFREY W. STEBBINS, 0000 STEPHEN M. VAJDA, 0000 JASON A. ZIEBOLD, 0000 TIMOTHY M. STEELE, 0000 ADRIAN F. VANDELLEN, 0000 JESSE J. ZIMBAUER, 0000 GARY C. STENSON, 0000 MAGNUM O. VASSELL, 0000 ANTHONY D. ZIMMERMAN, 0000 THOMAS A. STEPHEN, 0000 JEREMY T. VAUGHAN, 0000 GREGORY M. ZIMMERMAN, 0000 THOMAS S. STEPHENS, 0000 JAMES O. VEGA, 0000 JAMES G. ZOULIAS, 0000 WILLIAM F. STEVENS, JR., 0000 IVAN J. VILLESCAS, 0000 JAMES W. STEWART, 0000 JOHN A. VOIGHT, 0000 THE JUDICIARY JASON W. STEWART, 0000 KEVIN J. VOLPE, 0000 BRETT A. STGEORGE, 0000 RICHARD D. VTIPIL, 0000 HALIL SULEYMAN OZERDEN, OF MISSISSIPPI, TO BE JASON W. STICHT, 0000 HOLGER M. WAGNER, 0000 UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN KATHERINE F. STLAURENT, 0000 TIMOTHY L. WAITS, 0000 DISTRICT OF MISSISSIPPI, VICE DAVID C. BRAMLETTE, KELSEY P. STLOUIS, 0000 DENNIS J. WAJDA, 0000 RETIRED. GHISLAINE W. STONAKER, 0000 STEPHAN E. WALBORN, 0000 OTIS D. WRIGHT II, OF CALIFORNIA, TO BE UNITED RONALD L. STOWE, 0000 STANLEY M. WALKER, 0000 STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT ANDRE J. STRIDIRON III, 0000 CURTIS J. WALKINS, 0000 OF CALIFORNIA, VICE GARY L. TAYLOR, RETIRED. RAYMOND G. STROMBERGER, 0000 KENNETH WALLS, 0000 GEORGE H. WU, OF CALIFORNIA, TO BE UNITED STATES MICHAEL R. STRONG, 0000 SAMUEL G. WARTELL, 0000 DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- JASON R. STUMPF, 0000 GARY L. WASHBURN, 0000 FORNIA, VICE RONALD S. W. LEW, RETIRING. JARROD W. STUNDAHL, 0000 DANIEL WEBSTER, 0000 JEFFREY D. STURM, 0000 JOHN W. WEIDNER, JR., 0000 LUKE C. SUBER, 0000 EDWARD M. WEILER, 0000 f RONALD J. SUCHARSKI, 0000 JAMES F. WELCH, 0000 CHRISTOPHER M. SULLIVAN, 0000 DAVID S. WELLS, 0000 CONFIRMATIONS JAMES T. SULTENFUSS, 0000 ROBERT A. WESTLUND, 0000 PAUL P. SUMAGAYSAY, 0000 DONALD G. WETHERBEE, 0000 Executive nominations confirmed by EDWARD D. SUNDBERG, 0000 MICHAEL G. WHEELER, 0000 SCOTT A. SWAGLER, 0000 BRIAN P. WHITESIDE, 0000 the Senate Tuesday, September 5, 2006: MATTHEW R. SWANSON, 0000 CARL B. WHORTON, 0000 JEREMIAH SWARTZLENDER, 0000 PATRICK W. WIEGLEB, 0000 NATIONAL FOUNDATION ON THE ARTS AND THE AARON W. SWENSON, 0000 TROY E. WILCOX, 0000 HUMANITIES WILLIAM F. SWINFORD, 0000 MATTHEW D. WILDER, 0000 GLENN D. SWITTS, 0000 PAUL D. WILL, 0000 ROBERT S. MARTIN, OF TEXAS, TO BE A MEMBER OF MICHAEL J. SZCZERBINSKI, 0000 JASON W. WILLENBERG, 0000 THE NATIONAL COUNCIL ON THE HUMANITIES FOR A OLAF O. TALBERT, 0000 MATTHEW D. WILLER, 0000 TERM EXPIRING JANUARY 26, 2012. RENEE C. TANAKA, 0000 CHRISTOPHER J. WILLIAMS, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO SCOTT T. TASIN, 0000 ETHAN R. WILLIAMS, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- CORA C. TAYLOR, 0000 PATRICK S. WILLIAMS, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY JASON S. TAYLOR, 0000 SAI G. WILLIAMS, 0000 CONSTITUTED COMMITTEE OF THE SENATE. JENNIFER D. TAYLOR, 0000 JOHN G. WILLINK, 0000 THE JUDICIARY JOSHUA P. TAYLOR, 0000 CHARLES J. WILSON, 0000 JASON D. TEETER, 0000 MARIE A. S. WISE, 0000 KIMBERLY ANN MOORE, OF VIRGINIA, TO BE UNITED RODOLFO N. TERRAZAS, 0000 ROBERT C. WISE, 0000 STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT.

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