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

Vol. 151 WASHINGTON, THURSDAY, APRIL 21, 2005 No. 49 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Again, we will alert Members when called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, we have locked in the exact time of the ENSIGN, a Senator from the State of Washington, DC, April 21, 2005. stacked votes later today. Nevada. To the Senate: I yield the floor. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby f PRAYER appoint the Honorable JOHN ENSIGN, a Sen- MORNING BUSINESS The Chaplain, Dr. Barry C. Black, of- ator from the State of Nevada, to perform fered the following prayer: the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. TED STEVENS, pore. Under the previous order, there Lord God Almighty, Maker of heaven President pro tempore. will be a period for the transaction of and Earth, Creator of humanity in Mr. ENSIGN thereupon assumed the morning business for up to 60 minutes, Your own image, we rejoice because of chair as Acting President pro tempore. with the first half of the time under the control of the majority leader or Your strength. Lord, from the quiet- f ness that heals, from the searching his designee and the second half of the that reveals, guide Your Senators into RESERVATION OF LEADER TIME time under the control of the Demo- channels of faithful service. Use them The ACTING PRESIDENT pro tem- cratic leader or his designee. to bind up the wounds of the broken, pore. Under the previous order, the The Senator from South Dakota. the disinherited, and the rejected. leadership time is reserved. f Teach them to bring harmony from dis- JUDICIAL NOMINATIONS cord and hope from despair. Help them f to daily celebrate life in all its myriad RECOGNITION OF THE MAJORITY Mr. THUNE. Mr. President, I rise aspects. May they never lose their zeal LEADER today in morning business to speak about a matter of great importance, in working to make our planet a place The ACTING PRESIDENT pro tem- of peace. and that is our broken judicial nomina- pore. The majority leader is recog- tion and confirmation process. As Sen- Bless the men and women of our mili- nized. tary as they sacrifice to keep us free. ators, we have sworn to support and de- Shower them with eternal blessings. f fend the Constitution, and on the issue of judicial nominations the Constitu- We praise You, Lord, for all Your glo- SCHEDULE rious power. Let the works of our tion is straightforward. It states that mouths and the meditations of our Mr. FRIST. Mr. President, today we the President nominates judges and the hearts bring glory to Your Name. will begin with a 1-hour period for Senate has the duty to give its advice Amen. morning business. We will finish the and consent on those nominations. For emergency supplemental appropria- over 200 years, that is exactly how it f tions bill during today’s session. The worked, regardless of which party was PLEDGE OF ALLEGIANCE order from last night provides for up to in power. three votes, including final passage, Over the past 2 years, the Democrat The Honorable JOHN ENSIGN led the and those votes will be stacked for a minority has attempted to change the Pledge of Allegiance, as follows: time certain late this afternoon. We rules and stand 200 years of Senate tra- I pledge allegiance to the Flag of the also have an agreement to consider the dition on its head. The Democrat mi- United States of America, and to the Repub- nomination of John Negroponte to be nority now thinks that 41 Senators lic for which it stands, one nation under God, Director of National Intelligence. We should be able to dictate to the Presi- indivisible, with liberty and justice for all. will debate that nomination today and dent which judges he can nominate. f stack that vote to occur with the re- The minority also thinks that it should maining votes on the emergency sup- be able to prevent the rest of the Sen- APPOINTMENT OF ACTING plemental bill. ate from fulfilling its constitutional PRESIDENT PRO TEMPORE I thank Chairman COCHRAN and Sen- duty of voting up or down on judicial The PRESIDING OFFICER. The ator BYRD for their hard work on the nominees. clerk will please read a communication appropriations measure. That bill will The Democrats’ position is contrary to the Senate from the President pro go to conference next week, and we to our Constitution, our Senate tradi- tempore (Mr. STEVENS). hope that we can have a conference re- tions, and the will of the American The legislative clerk read the fol- port available in a reasonable period of people as expressed at the ballot box lowing letter: time. this past November. It must stop.

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

S4041

.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4042 CONGRESSIONAL RECORD — SENATE April 21, 2005 The advice and consent provision in have farmers going into the field, the had, and that is the chance to be voted the Constitution has served us for over tourism industry is starting its season, on in the Senate. 214 years up until the last Congress. so we need to do something to help be- I fully support what the other side is That meant that the Senate should come energy independent. I am very in- saying about wanting to debate these vote, and for over 200 years no nominee terested in the issue of renewable fuels. nominees. Let us do it. I am certainly with majority support has been denied I want to see as big a renewable fuels willing and hopeful that we will be able an up-or-down vote in this body, zero. standard as we can get on the Energy to engage in a spirited and vigorous de- The Democrats have said that they bill, but we have to get it on the floor bate. Let us debate, but then let us have confirmed 98 percent of the Presi- to debate it first. We cannot have these vote. dent’s nominees. The actual number is attempts, these threats—and I hope I yield the floor. 89 percent. But even at that, are we to they are just that: threats—because it The ACTING PRESIDENT pro tem- say that we are only going to follow would be tragic, it would be nuclear, if pore. The Democratic leader is recog- the Constitution 89 percent of the the other side decided to shut this Sen- nized. time? Furthermore, this Senate’s ate down over the issue of judicial f record on dealing with the President’s nominees. JUDICIAL NOMINATIONS appellate court nominees is the worst The Democrats in this Chamber have for any President in modern history. tried to confuse the issue of legislative Mr. REID. I understand we are in a This President’s record of having his and judicial filibusters, clearly trying period for morning business. I will use appellate court nominees voted on is 69 to confuse the public about what this leader time. percent, which ranks him lowest of any means. Well, what we are talking about Mr. President, I have the greatest re- President in modern history. is simply the narrow issue of judicial spect for my friend from South Dakota, It would be one thing if these nomi- nominees. It is part of this Senate’s but his assertion of facts is simply nees did not have the votes for con- constitutional responsibility and duty, without foundation. When the Demo- firmation, but they do. These nominees and we must take it very seriously. crats took the majority in the Senate, will have 54 or 55, 56, 57 votes for con- However, in the last Congress that be- I, along with others, said that this was firmation. It is wrong to deny them came extremely politicized. not payback time; we were not going to what the Constitution says they de- What we are talking about again is treat the Republicans the way they serve and for us to ignore our constitu- simply the issue of judicial filibusters. treated us during the Clinton years. tional responsibility to see that they Incidentally, it was the Democrats who During those years, they did not have have an up-or-down vote in this body. last voted on the filibuster in the Sen- the decency even to have hearings for The Democrats have said that it is ate to do away with it back in 1995. It judicial nominations; they simply left their prerogative to debate. Well, that was a 76-to-19 vote. It had to do with them, 60 in number, in the committee. is great. Let us debate them on the the whole issue, not just judicial but We thought that was inappropriate, floor of the Senate. But before they can legislative filibusters as well. Many of and that is the reason during the time be debated, a nomination has to be those Democrats who voted to end the that President Bush has been Presi- brought to the Senate floor for debate. filibuster still serve in this institution dent—we were in the majority, and we We have a right to debate under the today. are now in the minority—we have ap- Constitution in the Senate. The American people see this as an proved 205 judges for President Bush They have also suggested that judges issue of fundamental fairness. They un- and turned down 10, which is a pretty ought to have broad support; that they derstand that this body’s constitu- good record. ought to have more than the necessary tional obligation, responsibility, and For people to say there have not been 51 votes for the simple majority that duty is to provide advice and consent, judicial filibusters in the past is simply has traditionally been the case in the and that means an up-or-down vote in without historical foundation. In the Senate. There is nothing in the Con- the Senate. early days of this Republic, there was stitution about filibustering judges. The Democrats in the Senate have no way to stop a filibuster. The only There is nothing in the Constitution said that this President’s nominees are way one could stop a filibuster on about requiring a super-majority to extreme. There are going to be a couple judges or anything else was by virtue confirm judges. If the Founders had of them reported out of the Judiciary of agreeing to stop talking. Many wanted judges to get a super-majority Committee today. Janice Rogers judges were simply left by the wayside. vote, they would have put that in Brown received 76 percent of the vote They were talked out and they simply there. They did it for treaties, for con- the last time she faced the voters in never came forward for a vote before stitutional amendments, and for over- California, which is not exactly a bas- the Senate. riding a Presidential veto. Clearly, tion of conservatism. Her nomination The most noteworthy filibuster of a that was not the case with judges. It in this Senate has been stalled out for judge that would require a vote that was the Founders’ intention that the 21 months. Priscilla Owen will also be failed was in 1881. There was a fili- Senate dispose of them with a simple reported out today. She received 84 per- buster of a judge that went to a vote. majority vote. cent of the vote the last time she faced Prior to that time, they never even The Democrats in the Chamber have the voters in Texas. She has been wait- went to a vote. said that what we are trying to accom- ing around for 4 years in the Senate to It was determined in the Senate in plish is ‘‘the nuclear option,’’ sug- get an up-or-down vote on her nomina- 1970 that it would be appropriate to fig- gesting that somehow this is a radical tion. She was endorsed by every major ure out some way to break a fili- process that we are trying to imple- newspaper in the State of Texas. These buster—on judges, on Cabinet nomina- ment. Well, simply, that is not true. nominees are not extreme. What is ex- tions, and on legislation. At that time There is nothing nuclear about re-es- treme is denying these good nominees the Senate changed its rules by a two- tablishing the precedent that has been a vote, and it betrays the role and re- thirds vote and had filibusters broken, the case, the practice, and the pattern sponsibility the Founders gave the then, by 67 votes. In the 1960s it was de- in this Senate for over 200 years. Senate. termined that was a burden that was What is nuclear is what is being dis- So as we embark upon and engage in no longer necessary, and it was cussed by the Democrats in this body, this debate that is forthcoming on judi- changed to 60 votes. From that time to and that is shutting the Senate down cial nominees, let us keep in sight and today, there has been the ability to over the issue of judicial nominees, in focus the facts, and the role and re- break a filibuster by 60 Senators vot- which means important legislation to sponsibility this institution has to per- ing. this country, such as passing a high- form its duty. And that is to make sure There have been filibusters since that way bill that will create jobs and that when good people put their names rule was changed in 1960, filibusters of growth in this economy, could get shut forward for public service, they at least judges. The most noteworthy, of down, or an energy policy which is im- are afforded the opportunity that every course, was Abe Fortas. There was a portant in my State of South Dakota. nominee with majority support filibuster, and there are wonderful We have gas prices at record levels, we throughout this Nation’s history has statements in the CONGRESSIONAL

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4043 RECORD by Howard Baker at that time, side of the aisle opposed. But I thought I spoke to the distinguished majority who extolled the virtues of the fili- it was appropriate that we do business leader a few minutes ago. We want to buster. the way we should be doing business: do the highway bill. We have the En- During the time I have been in the have people speak, debate the issue, ergy bill. Senator DOMENICI and Sen- Senate there have been filibusters of and take your wins and losses as they ator BINGAMAN are working hand in judges. I can name two that come to come. We had a couple of losses. But hand, more than they have in many my mind: Berzon and Paez. We had a the fact is, we believe the business of years. They are going to come up with vote to break those here, on the fili- the Senate should be conducted in this the Energy bill. The Senators are going buster. The majority leader voted manner. to bring it to the floor and we will de- against breaking those filibusters. So I do not know what is going to hap- bate it. we have had votes on many occasions pen in the Foreign Relations Com- As the President was told several dealing with filibusters of judges. This mittee as it relates to Bolton, but the days ago by Senator BAUCUS when they is no new thing. fact is, that is how things should be de- were called to the White House, Sen- What we have to keep in mind is that cided. They should debate publicly and ator BAUCUS said: You do the nuclear we, the legislative branch of Govern- openly and then make a decision as to option, there will be no Energy bill. ment, are separate but equal. That is whether he is good or bad for the That is the way things are and that is what checks and balances are all United Nations. They are going to have wrong. about. The President should not have, some more hearings in that regard. I (Ms. MURKOWSKI assumed the from the Senate, a rubberstamp for ev- think that is appropriate. But to think Chair.) erything he wants. We have the advise that just because you do not get your Mr. REID. Madam President, I hope and consent clause in the Constitution way that you are going to change the we will be able to work our way and we have the obligation to look at rules is wrong. through this issue and come up with these judges. We have approved 205 and I have said once or twice on the Sen- something appropriate and move on. turned down 10. For people to suggest ate floor, when I was a little boy I took We have a number of judges who are that you can break the rules to change a big trip. My brother was 10 or 12 pending now. They should not have to the rules is un-American. years older than I. He was working for wait around. The only way you can change the Standard Stations in a place in Ari- In the situation we now have there is rule in this body is through a rule that zona. It was a little town. It seemed no question the committees are work- now says, to change a rule in the Sen- like a big town coming from Search- ing so well together. Senator SPECTER ate rules to break a filibuster still re- light. It took quite a few hours to drive and Senator LEAHY are working well quires 67 votes. You can’t do it with 60. over there. I spent a week with my together. I do not like the asbestos bill. You certainly cannot do it with 51. But brother. I thought it was going to be a I am not sure there is anything that now we are told the majority is going week, but he had a girlfriend and I can be done to make me happy about to do the so-called nuclear option. We didn’t spend much time with him at the asbestos bill because I have such will come in here, having the Vice all. I spent time with his girlfriend’s strong feelings about the people who President seated where my friend and brother. I could beat her brother in died of mesothelioma and asbestosis. colleague from Nevada is seated. The anything—all card games, board But one of the things I did when I be- Parliamentarian would acknowledge it games, running, jumping, throwing. came leader, I told my ranking mem- is illegal, it is wrong, you can’t do it, But I could never win because he kept bers that they were their committees. and they would overrule it. It would changing the rules in the middle of the They could do whatever was appro- simply be: We are going to do it be- game. That is what is happening in the priate in the confines of that com- cause we have more votes than you. Senate. The majority can’t get what mittee. You would be breaking the rules to they want so they break the rules to Senator LEAHY did what he thought change the rules. That is very un- change the rules. was appropriate. I may disagree with American. I ask my friends to look at We believe the traditions of the Sen- that asbestos bill, but he had every what is going on in the press. In the ate should be maintained. We believe if right to work with Senator SPECTER Post today, David Broder, a nationwide you are going to change the rules in and come up with a bill. That bill is columnist, talks about how bad it the Senate, change them legally, not here at the desk right now. That is the would be. Dick Morris, who certainly is illegally. way things should work. no lapdog for the Democrats, has stat- I hope my friends, people of goodwill Senators SPECTER and LEAHY have ed very clearly it would be the wrong on the other side of the aisle, will take gotten so much done during the first thing to do. The political damage a very close look at this and see if it is few months they have been working to- would be done to Republicans for many the right thing to do. I think we do gether. There is a lot more we can do. years to come. have people of goodwill on the other That Judiciary Committee has some of This is something we should work side of the aisle who understand the the most interesting but controversial out. This is something that should not importance of maintaining the integ- issues that we have. When you have cause the disruption and dysfunction of rity of this body. two people working together as closely our family, the Senate family. If this is As Senator Dole said when asked on as LEAHY and SPECTER have been, we done, the Senator from South Dakota Public Radio last week what he can expect some things on the floor of is absolutely right; we will be working thought about the so-called nuclear op- the Senate that will be interesting and off the Democrats’ agenda. We will let tion, He said: Watch it because we are controversial, but that is our job. things go forward. Of course, we will not going to be in the majority all the I repeat for the third time, I hope we let things go forward to take care of time. It will come back—these are my can move forward and get the work of the troops and let us make sure the words, not his but the same meaning— the American people done. That is Government is funded. We are not it will come back to haunt us because what this is all about. We do not come going to do the Gingrich plan. the majority changes all the time. here to please any particular constitu- But things around here work by I think it would be wrong for the ency. We come here to please the peo- unanimous consent. Maybe the major- Democrats to be able to do what the ple of our States and the people of this ity wants an excuse not to complete Republicans are talking about doing. I country. That is our job. business because most of their business think it would be wrong for the Repub- We need to recognize we have equal is a little faulty anyway. But we have licans to do what they are talking power to the judicial and executive worked very hard and showed our good about doing. That is why we, Senator branches of Government. A number of faith in the first quarter of this Con- FRIST and I, working with our caucus, years ago, when President Kennedy gress. We have passed, for example, the have to try to tamp down the emotions was President, there was a chairman of class action bill; we passed the bank- on this issue and do what we can to the Rules Committee in the House by ruptcy bill—both of which were 15 bring the Senate family together and the name of Smith. He was a Demo- years in the making. These are bills do things the right way so we can con- crat. President Kennedy was a Demo- the majority of the Senators on this tinue to do legislation. crat. He called Mr. Smith because he

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4044 CONGRESSIONAL RECORD — SENATE April 21, 2005 wanted an appropriate ruling from the Senate to perform its advise and con- I heard over and over in every part of Rules Committee of which Mr. SMITH sent role, are dealt with in an appro- the State, folks from all walks of life, was the chairman. And Smith wouldn’t priate way. folks from both parties: Do the people’s even return the President’s call. He I hope the Senator from Nevada will business. Get beyond all of that game knew he did not have to. He stood for work with our leadership to try to playing. Get beyond that bitter par- the legislative branch of Government. fashion a way in which these judges tisanship. The obstructionism, the fili- He didn’t have to take orders or sug- can be voted on in the Senate. If they busters, that is not doing the people’s gestions or even talk to the President. are not, we are setting an entirely new business. He may have carried things a little precedent for the future of how these Yesterday, I joined with many other too far, but that shows the strength of judicial nominees are going to be con- Members of my freshman class, the the legislative branch. We are as pow- sidered in the Senate because this is current Senate freshman class, in erful as the judicial branch of Govern- unprecedented in the history of this again calling for the Senate leadership ment and the executive branch of Gov- Nation, what has happened in the last to work together to address the judi- ernment. When we come to the realiza- session of Congress, and what is being cial crisis—I use that word for good tion that we are not, it is not good for suggested by the Democrats in the Sen- reason—the judicial crisis we are fac- this country. ate at this time. And that is that they ing. The PRESIDING OFFICER. The Sen- will shut this institution down and As we stated in our freshman letter ator from South Dakota. keep other legislation from moving for- to our colleagues from Tennessee and Mr. THUNE. Madam President, I re- ward simply because they want to dic- Nevada, progress often requires us to spect the Senator and I appreciate tate to the majority and to the Presi- make difficult but fairminded deci- what he has to say about wanting to dent of the United States about the sions. The time has come to prepare move the agenda. That is something I kind of judges he ought to be submit- our damaged, broken judicial confirma- am very concerned about because of ting to the Senate for confirmation. tion process. We need a genuine com- the Highway Bill, as well as the Energy I have a couple of other colleagues mitment to upholding the equitable Bill. Those are things that are lined up here who want to speak to this issue, principles of our judicial system, a and need to be done. They are unfin- but it is important that this debate be sense of respect for our deeply rooted ished business from the last Congress. about the facts. I hope we can have an traditions, and the willingness to com- My concern from all this, and the Sen- opportunity to debate these judges. promise. ator from Nevada has been here long Then I hope we have the opportunity to Several judicial vacancies have been enough, obviously, to know this, the vote on them. lingering not for months but for years, Senate does set its rules and proce- I yield to the Senator from Lou- as my colleague from South Dakota dures. That is part of the Constitution. isiana. has said, causing more than one juris- The PRESIDING OFFICER. The Sen- Back in 1980, of course, the Senate did diction to formally declare a ‘‘judicial ator from Louisiana. the same things we are talking about Mr. VITTER. Madam President, I, emergency.’’ Because of long-term va- doing here when the Democrats had too, rise this morning to speak about cancies, it is imperative we, as Sen- control under Senator BYRD. an issue of great importance to me as ators, respond promptly to these emer- But more important, this needs to be a freshman of this body; more impor- gencies. It is unacceptable we should based on facts. The facts are on our tant, to the Senate as an institution; have judicial vacancies in our courts side in this debate. If you look back— and most important, to America as a for up to 6 or more years in some cases. the Senator from Nevada talked about Nation: that is, what is clearly our hor- It is time to put aside the grievances, historical precedents. The reality is ribly broken and partisan judicial con- the obstructionism, the partisanship what I said earlier is absolutely accu- firmation process. that has been built up. rate, and that is there has not been a Two years ago, the Members of the A recent case in point is the nomina- judicial nominee with majority support Senate freshman class of the 108th Con- tion of Janice Rogers Brown to the in the history of this Nation, up until gress called on all of their Senate col- U.S. Court of Appeals for the DC Cir- the last Congress, who was denied an leagues, Democrats and Republicans, cuit. Judge Brown, whose nomination up-or-down vote in the Senate by a fili- to take a careful look at the Senate’s has been pending since July 2003, as my buster or by using the Standing Rules process of confirming judicial nomi- colleague from South Dakota noted, is of the Senate to prevent that from hap- nees. They were fresh from the cam- a highly qualified judicial candidate, as pening. That simply is a fact. paign trail in their respective States, evidenced by her background and her It is also a fact that in the instance fresh from talking to citizens every training. Justice Brown has 8 years of he referred to back in 1968, the Fortas day in their campaigns. They heard experience on the California appellate nomination to the High Court, it was over and over how dissatisfied people bench, and she has dedicated all but 2 President Johnson’s selection for Chief were with the partisanship, the bitter years of her 26-year legal career to pub- Justice. That was, I should say, a bi- partisanship and obstructionism that lic service. Right now, she serves as as- partisan attempt. It was a judge who they found in Washington, particularly sociate judge of the California Supreme did not have majority support in the in the Senate. They heard over and Court, a position she has held since Senate, and furthermore it was a judge over that the clearest example of that May 1997. about whom they were raising ethical was the horribly broken, bitterly par- Justice Brown is the first African- issues. tisan judicial confirmation process. American to serve on that State’s The nominees we are referring to Unfortunately, their valiant efforts highest court and was retained with 76 here are people of high quality. They did not succeed in fundamentally percent of the vote in her last election. are people who have been rated by the changing and improving the process. California is not exactly a rightwing American Bar Association as being Because of that, as I was on the cam- State. In 2002, Justice Brown’s col- highly qualified to serve on the bench. paign trail to run for the Senate last leagues relied on her to write the ma- They are not extreme, as the Demo- year, I heard those same themes, those jority opinion for the California Su- crats have suggested. They are judges same concerns from voters all across preme Court more times than any who have been voted on in their States Louisiana. I know my other freshman other justice. and won overwhelming majorities. colleagues heard the same things from The daughter of sharecroppers, Jus- These are people who deserve to be voters in their States. They heard over tice Brown was born in Greenville, AL, voted on in the Senate. This is about and over how tired and upset people in 1949. She came of age in the South, the tradition, it is about the precedent, were at the bitter partisanship in tragically in the midst of Jim Crow it is about the history of the Senate, Washington, particularly in the Sen- policies, having attended segregated and it is about the Constitution. And it ate; the endless obstructionism, the schools in her youth. She grew up lis- is about the responsibility, as Sen- endless filibusters. Again, the clearest tening to her grandmother’s stories ators, that we have to see that these example of that in citizens’ minds was about the NAACP lawyer who defended judicial nominees who are presented by the horribly broken, bitterly partisan Martin Luther King, Jr., and Rosa the President for confirmation, for the judicial confirmation process. Parks. Her experiences as a child and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4045 those stories from her grandmother within a certain amount of time. That fied’’ or ‘‘highly qualified.’’ They met moved her to become a lawyer. In her will fully respond to any legitimate the basic test that has to be met. teens, she moved to California with her concerns in that regard. That will fully What has happened in the last year is family. She earned a B.A. in economics respond to any of those grievances now a new political test put in place, a from California State in 1974. She from the past. They can come to the political test that has then required a earned her law degree from UCLA Law Senate, within a certain amount of new standard, an unprecedented stand- School in 1977. time, under a mandate which we can ard in the history of this country. I re- In 2003, a bipartisan group of 12 of put in the committee or the full Senate peat, in the history of this country, Justice Brown’s current and former ju- rules, and the committee can send nominees who could get a majority dicial colleagues wrote then-Judiciary them to the Senate with a rec- vote have not been filibustered until Committee Chairman ORRIN HATCH in ommendation we confirm that judge, last year. support of her nomination—again, a or that confirmation can come to the The other side has said: We have con- fully bipartisan group. Another fully Senate with a negative report by a ma- firmed so many judges, hundreds of bipartisan group of 15 California law jority of the committee. judges, but when it comes to appellate professors did the same, as did a dean We face an impasse. We must do court judges, the level below the Su- of the appellate bar in California, and whatever is necessary to end it. Inac- preme Court, last year I believe it was the California director of Minorities in tion is no longer accessible. Now is the 30 percent of those were filibustered, Law Enforcement. What those who time to resolve it. were stopped, and a higher percentage know her best say is Justice Brown is Like the complicated policy issues then face that this year. Our obligation a superb judge, conscientious, hard- we tackle every day, we cannot avoid in the Constitution is to advise and working, intelligent, sensible, open- the judicial crisis and its surrounding consent. It is not to advise and con- minded. confirmation issues without expecting struct. Nominees deserve simply an up- Yet Justice Brown, like multiple our inaction to have a major impact on or-down vote. That has been the proc- other judicial nominees, has been wait- our country. The integrity of our en- ess that has served this country so well ing and waiting and waiting for an up- tire judicial system is at stake. Indeed, for nearly 250 years. or-down vote in the Senate. It is unfair the integrity of the Federal Govern- I support the right of filibuster. I to her. More importantly, it is unfair ment and Congress is at stake as citi- love that movie ‘‘Mr. Smith Goes to to the citizens of this country. zens again and again say: Put the peo- Washington.’’ I thought Jimmy Stew- Some, like the distinguished minor- ple’s business first. Take up the peo- art was fabulous. I watched that as a kid, and I thought being on the floor of ity leader, argue that this is some ple’s business. Get beyond this horrible the Senate, standing and not stepping longstanding venerable practice. That partisanship, obstructionism, and these down, fighting for what you believe, is is simply not true. A few minutes ago, filibusters. the minority leader said in the early In closing, I encourage all of my col- part of the history of the Senate. It is not, by the way, the history of days of the Republic, filibusters were leagues to take a careful look at the the United States for its entire exist- common. I hope, in the midst of this Senate confirmation process. I ask we ence. It was not the history of the very important debate, he will read the work together to refine our judicial United States, contrary to the words of history carefully because in the early confirmation process and to break the distinguished and learned minority days of the Republic, the Senate rules down those partisan walls that have leader from Nevada, it is not the his- had no such thing as a filibuster. The stood in the way of advancing judicial tory when this country began. But it Senate rules were pure majority rule nominations. has been part of our history. I recog- because there was a motion that no There is one compelling reason we nize that. longer exists to call the question, to need to do this. That is doing the peo- By the way, it has not always been as end debate by a majority vote. So in ple’s business. That is serving the peo- glorious as when Jimmy Stewart was the early days of the Republic—and ple—not partisan political interests— in that movie, standing on the floor of this is crystal clear in history—there and the people, across the Nation, all the Senate. The history of the fili- was no opportunity for filibuster be- of our citizens, are demanding it. buster, which now is being paraded as cause the Senate, just like the House, I yield the floor. this icon of protection of rights, this then and now, operated by pure major- The PRESIDING OFFICER. The Sen- history, unfortunately, has a history of ity vote. ator from Minnesota. being used to block anti-lynching legis- Certainly it is clear this practice of Mr. COLEMAN. Madam President, I lation. It was used to block civil rights judicial filibusters for appellate court was one of those new Members of the legislation. That has been the history nominees is brand new. It has never, Senate elected in the class of 2002 my of the filibuster. But I respect that his- ever happened for a nominee with ma- friend and colleague from Louisiana tory. I respect that tradition of filibus- jority support before the last Congress. talked about. We did lament the par- tering legislation even if I disagree They are very clear, very well-known tisan divide that certainly has been with it. examples that prove the point. What growing in this body for a while but But never before has there been a about Robert Bork and Clarence Thom- has been clearly reflected in the battle tradition of using that filibuster, that as—very controversial nominations op- over judicial appointments. tool, to block judicial nominees. That posed by many on the Democratic side The President has the constitutional is what is different today. but neither was filibustered. Both got authority to appoint judges. That is I do believe the last effort to limit up-or-down votes in the relatively re- very clear. It is an authority that has the filibuster occurred when Repub- cent past. One was confirmed. One was never, in the history of this country, licans took control of the Senate about not. That is how the process is sup- up until last year, when my colleague 1994 and 1995; there were efforts to posed to work. That is how it did work across the aisle decided to filibuster limit the filibuster. There were 19 votes until the last Congress. those appointees, it has never in the for that effort. Every one of them were Others say, yes, these floor filibus- history of this country required any- Democrats. Every one of them were my ters are new but nominees have been thing more than a majority vote. We colleagues across the aisle, some of held up in the committee before. That are talking about judicial appoint- whom still serve in this institution has been the functional equivalent of ments. today. That has been the history of these filibusters we now see when the The President must appoint folks limiting the filibuster. But the history majority party in the past held up cer- who are qualified. There are standards is clear that, up until last year, the fil- tain nominees in committee. by which one can review that. The ibuster has not been used to block a My response is very simple and very American Bar Association is involved nominee who has majority support. direct. We should change the com- in that process and they, in fact, grade I am also deeply concerned about mittee rules as part of this process to nominees. In the case of the Presi- what we are doing to civics with this ensure every appellate court nominee, dent’s appointees, each of those nomi- discussion. I think we are confusing every Supreme Court nominee gets to nees received the endorsement—in ef- young people. When I grew up and stud- the Senate floor for an up-or-down vote fect, the label, the standard—of ‘‘quali- ied civics, I understood what checks

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4046 CONGRESSIONAL RECORD — SENATE April 21, 2005 and balances were. I am watching com- right to vote yes or no. Let’s do the positions. The debate that is underway mercials today that talk about the ef- right thing. Let’s uphold the tradition today concerning the so-called fili- fort of the Democrats to block judicial of this institution. Give people the buster rule, from my point of view, is appointees is somehow applying the right to get an up-or-down vote when an effort to try to change the rules in concept of checks and balances. I have they are nominated for a judicial of- midstream. It also is reflective of the to gather my 15-year-old daughter fice. abuse of power we see in Washington Sarah and tell her that is not what The PRESIDING OFFICER. The Sen- today. To be sure, when you look at the checks and balances are about. The ator’s time has expired. history of what has happened with ju- concept of checks and balances has to Mr. COLEMAN. Madam President, I dicial appointments in the last decade do with the wisdom of our Founders to yield the floor. and a half or so, there have been 60 balance the power of the executive The PRESIDING OFFICER. The Sen- Democratic nominees from President branch against the power of the legisla- ator from Colorado. Clinton who were rejected by this Sen- ate. On the other hand, if you look at tive branch and the power of the judi- f cial branch. That is checks and bal- what has happened with President ances—a magnificent concept. JUDICIAL NOMINATIONS Bush’s nominees, we have had over 96 But checks and balances does not Mr. SALAZAR. Madam President, I percent of all of his appointees con- mean, and has never meant, that some- come to this Chamber this morning to firmed by the Senate. Now, under anybody’s scorecard, if how the minority can block the major- make a few comments in response to you get a 96-percent success rate, I ity from governing in an Executive my colleagues from Minnesota, South think you have done pretty well. You Calendar, where the President has the Dakota, and Louisiana, concerning the authority to appoint individuals who can ask my daughters, who are stellar judicial nomination process. students in their school; getting a 96- he thinks are qualified, and then we Let me say at the outset, I believe measure that qualification—not poli- percent grade is pretty good. That is a the work of this body and this Congress much higher rating for President tics, not their views on certain polit- should be getting about the people’s ical issues, but their competence, their Bush’s appointees than we had for prior business. I believe this issue con- Presidents. integrity, their capacity to do the job— cerning the filibuster rule is something and we then advise and consent, we So I would say this is not about these that is distracting this country and particular nominees. I have not yet give the up-or-down vote. this Congress from doing what we But checks and balances have noth- taken my own position with respect to should be working on. what I will do with these seven nomi- ing to do with the attempt of the mi- In the Washington Post this morn- nority, right here, to block the major- nees. I will study their records, and I ing, the headline story talks about the will make my decision based on those ity from simply confirming Presi- economic worries of America. The first dential appointees. We are not talking records. But, at the end of the day, this two paragraphs of the article in the is whether we will uphold the cherished about changing the legislative cal- Washington Post read as follows: endar. We are not talking about inter- traditions of this Senate that have pro- Inflation and interest rates are rising, fering with the right to filibuster on vided the kinds of checks and balances stock values have plunged, a tank of gas in- that have been important for this Sen- legislative issues. We are talking about duces sticker shock, and for nearly a year, upholding the Constitution. ate to be able to function. wages have failed to keep up with the cost of In my view, those rules force us, as It is interesting, if you go back—and living. Republicans and Democrats, to come like the Presiding Officer, I have been Yet in Washington, the political class has together to work through the issues here only a few years—we have learned been consumed with the death of a brain- that are most important for our coun- from some of our colleagues about the damaged woman in Florida, the ethics of the try. I believe the way this issue has history of what went on before. In the House majority leader, and the fate of the been presented to this body and to the past, the Senate did not filibuster judi- Senate filibuster. American people has been destructive cial nominees. There were times when I would submit that we as a body not only to this body but also destruc- you had very liberal judges coming up have a responsibility to address the tive to the real agenda on which we as for confirmation by Democratic Presi- issues the people of this country care about. Those issues are about passing a the elected representatives of the peo- dents, and you had Republicans con- ple should be working. trolling the process, and you had ma- transportation bill for America. Those issues are about getting an energy bill That real agenda is about roads. It is jority leaders such as Trent Lott sup- about transportation. It is about en- passed for the people of America that porting cloture for liberal nominees ergy. It is about health care. It is helps us get rid of our overdependence who, on the basis of ideology, they about the issues that affect every per- on foreign oil. Those issues are about would not support. son every day. They are the kinds of making sure we address the most crip- Judge Paez, in the Ninth Circuit, I issues that affect people when they get pling issue affecting America today— believe was one of the judges involved out of bed in the morning and wonder and that is business and people alike— in the decision that you cannot say what is going to happen to their fami- the issue of health care, which is bank- ‘‘one Nation under God.’’ I know many lies, their children, and their parents. rupting this country and many families of my colleagues felt Judge Paez’s Those are the kinds of issues we should throughout our States. views were extreme. But they respected be working on as opposed to working the power of the President to make an We get into this discussion here on these kinds of very divisive issues. appointee, and they respected the his- about what is happening with respect f tory and tradition of this institution to judges. The fact is, what the major- that says: Give nominees an up-or- ity is attempting to do is to simply AFGHAN SECURITY FORCES down vote. Paez got that up or down break the rules. They are simply at- STANDARDS AMENDMENT vote and was confirmed. tempting to break the rules because Mr. SALAZAR. Madam President, I So my deep concern is somehow we they have the power. would 1ike to speak a little bit about are involved in almost this Orwellian Now, I live in an America that amendment No. 454, which was adopted doublespeak today that we are talking strongly supports the fact we have a unanimously by the Senate last night. about checks and balances in a process power that was created by our Found- I appreciate and thank Senators COCH- that has no relationship to what ing Fathers, distributed between the RAN and BYRD for the time they have checks and balances have always executive, with checks and balances, spent working with me on this amend- meant. Again, our young people should and the Congress, and different rules ment. I also note and appreciate the understand that. for the Senate. Part of that is assuring work of Senators MCCONNELL and We have bent over backward to pro- a guarantee when we make decisions LEAHY on this matter. Their staff tect minority views in this Senate. for the American people, especially members, Paul Grove and Tim Rieser, When it comes to appointments, the with respect to judges who have life- were very helpful. majority has a right and a responsi- time appointments, that we are ap- It is clear that success in Iraq and bility to act. Then all of us have the pointing the very best people to those Afghanistan is dependent on how well

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4047 and how fast we train security forces find good personnel. But I also recog- ‘‘I am fully determined to accept and police there. It is also clear that nize that we simply have to get better every initiative that seems opportune the faster and better we train these at how we train other people to take to promote contact and under- forces, the sooner our troops can come over security in their own countries. standing.’’ home. The stress on our Armed Forces de- I am praying for those kinds of ef- This amendment is designed to en- mands no less. The challenges facing forts. I hope each of us will take a mo- sure that the training in Afghanistan— U.S. taxpayers demand no less. And ment this Sunday, the very day of the for which this bill dedicates more than success in post-conflict societies de- Pope’s inaugural mass, to pause and re- $600 million, including $44.5 million mands no less. flect on how we can best live up to this which is to be available only for the es- Before coming to the U.S. Senate, I challenge from Pope Benedict XVI. tablishment of a pilot program to train had the honor of serving our great Madam President, I yield the floor local Afghan police forces—is handled State of Colorado as attorney general. and suggest the absence of a quorum. well and is handled in an accountable In that job, I made homeland security The PRESIDING OFFICER. The fashion. my highest priority. clerk will call the roll. We have seen what happens when One of the responsibilities I had as The assistant legislative clerk pro- training is rushed or when account- attorney general was being chairman ceeded to call the roll. ability is ignored. The Haitian Na- of the Peace Officers Standards and Mr. JOHNSON. Madam President, I Training Board, POST. Given all that tional Police, for which we spent hun- ask unanimous consent that the order our police officers and their families dreds of millions of dollars training in for the quorum call be rescinded. give for us and for our State, the least the 1990s, is all but disbanded. We are The PRESIDING OFFICER. Without I could do was to fight for additional all familiar with the stories of mis- objection, it is so ordered. training and support resources. management of police training in the In 2003, we did that, and in exchange f Balkans. And just last week, Secretary we asked for greater accountability. JUDICIAL NOMINATIONS Rumsfeld took an emergency trip to We did that, too, and the result has Baghdad to try to salvage some of the Mr. JOHNSON. Madam President, as been a better trained and more ac- a Senator who has served in both the training we have done there as Shiite countable police force, not to mention political leaders threaten to purge House of Representatives and the Sen- a safer Colorado. ate, in both the majority and the mi- Sunni officials from the forces. It has worked in Colorado and across nority in the House and both in the This amendment is meant to ensure this country. I believe with the adop- that training in Afghanistan benefits tion of this amendment we can start to majority and the minority in the Sen- from lessons learned and the mistakes make it happen in our police training ate, I am distressed at some of the of the past. It adds commonsense provi- overseas as well. rhetoric and debate that has gone for- sions to the $660 million appropriated Madam President, I yield the floor ward relative to the role of the so- for police and counternarcotics pro- and suggest the absence of a quorum. called filibuster rule or the nuclear op- grams in Afghanistan. We need to take The PRESIDING OFFICER. The tion, as some people refer to it. It is this step because the challenges we clerk will call the roll. my hope the debate can go forward in face in training a capable security and The assistant legislative clerk pro- a more civil and thoughtful manner police force in Afghanistan are perhaps ceeded to call the roll. than has sometimes been the case up even more daunting than in Iraq. Mr. SALAZAR. Madam President, I until now. First, Afghanistan is the world’s ask unanimous consent that the order I have served—and it has been an largest producer of poppy, the raw ma- for the quorum call be rescinded. honor to serve—in both bodies. Each of terial for heroine. It produces 80 per- The PRESIDING OFFICER. Without the bodies, the House and the Senate, cent of the world’s heroine and, accord- objection, it is so ordered. has a respective and important role to ing to the United Nations, is currently f play. One of the factors, however, that most distinguishes the Senate from the producing dramatically more than it POPE BENEDICT XVI did under the control of the Taliban. other body is the existence of the 60- Mr. SALAZAR. Madam President, I Keep in mind that heroine use not only vote rule, the so-called filibuster rule, want to take a moment this morning fuels crime throughout Europe and in which has the consequence of requiring to discuss the election of Pope Bene- the United States, but it funds ter- both political parties to come to the dict XVI as the leader of my church rorist organizations and is responsible center, to have some at least modicum and the leader of the 1 billion Catholics for the looming AIDS crisis throughout of bipartisanship in the proposals they in our world. I pray for him as he as- eastern Europe. pursue, the nominees who are consid- sumes this awesome responsibility for Second, there are already several ered. our church and for our world. countries and organizations training That is one of the great strengths of I have also been comforted by the the Senate. I know it frustrates some forces in Afghanistan, including for the comments we have heard from Pope who would like to see the Senate oper- vitally important effort of counter- Benedict XVI. We know we face some ate more as the other body does, where narcotics. In fact, this difficult task of difficult challenges in the Catholic a one-vote margin is all that is essen- building a capable law enforcement Church in the days and years ahead. tially ever necessary. A rules com- system in that formerly ruler-less We also know we as Catholics are not mittee further streamlines things. As a country is divided among the United united on every issue. As I said on this consequence, the other body tends to States, Italy, Great Britain and several floor after the passing of Pope John be and has been over the years most different international organizations. Paul the Great, we as Catholics are often a far more partisan body than the And third, the way the administra- both comforted by our church’s teach- Senate. tion has structured this program lends ings and challenged by its demands. The Founders designed the Senate itself to confusion and competition That will continue to be the case. And with 6-year terms and a differing basis among American agencies. The funding that is as it should be. in the bill goes to the Department of What is also true is what Pope Bene- for selection as a body that would be Defense, but much of the police train- dict XVI said yesterday. He said: the more thoughtful, more delibera- ing will be handled by the State De- Catholics ‘‘look serenely at the past tive, would take the longer view of ini- partment. and do not fear the future.’’ tiatives that are before the Congress. This amendment is an effort to make I was also touched by another thing The Senate plays a very important sure we can get the accountability our the Pope said yesterday. In relation to role. taxpayers deserve as well as the suc- John Paul the Great’s efforts to reach There is too much partisanship in cess that our national security de- out to other Christian faiths, Pope Congress. I have the honor of rep- mands. Benedict XVI said: resenting South Dakota, a State some I recognize good training will not be I am fully determined to accept every ini- would describe as a dark red State that easy. I also understand that in post- tiative that seems opportune to promote President Bush won by a large margin conflict societies, it is often difficult to contact and understanding. this last time. I am very proud of the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4048 CONGRESSIONAL RECORD — SENATE April 21, 2005 Republican support that has been ex- ence during the Clinton administration strategies that will play into the hands tended to me over the years I have had where some 60 of his nominees never of the far left or the far right and con- the honor of serving in the House and received a hearing or a vote. In this tinue the historic rules that have been the Senate. The people of South Da- case every nominee has received a vote in place for the Senate which, in fact, kota are tired and grow weary of the in committee and on the floor, albeit not only encourage but require at least intensity of the partisanship that too that vote on the floor is consistent a modest level of bipartisanship and often exists in Washington, DC. The with the 60-vote parliamentary rule of deliberative thinking when we consider people of South Dakota want to see the Senate which does require both legislation or lifetime appointments to both sides brought together to govern sides to come together in the center. the U.S. courts. as Americans rather than as Repub- Clearly, President Bush can have the It is my hope cooler heads will pre- licans or Democrats. That is not ask- approval of 100 percent of his judges. vail, that the historic rules of this ing too much, for the traditions and All he has to do is to nominate con- body will prevail, and that the Senate the historic rules that have existed in servative Republican judges who are will continue to play the incredibly im- this body that encourage bipartisan- part of the conservative mainstream of portant and unique role it has through- ship should remain. America, a very broad range of discre- out 200 years of American history. That This notion that somehow in the tion that he has. Those judges will be is a body where the hot rhetoric of the midst of Congress rules that have been confirmed, as have the 200 plus who day is set aside and the two political in place for generations should be have routinely been confirmed by this parties are required to come together, eliminated and the bipartisan mandate body. to approach issues in a more thought- they allow for should be eliminated is a The Senate does have a constitu- ful, more deliberative and bipartisan step in the wrong direction. tional obligation of advice and consent fashion. We would be a poorer nation, One of the consequences of the 60- on these lifetime appointments. That is indeed, were it not for that kind of bi- vote rule is it takes both parties by the one of the reasons why this issue is so partisan mandate that the current scruff of the neck, brings them to- profoundly important, because this is rules of the Senate insist upon. gether and says: You will have to reach not simply a legislative matter that I yield the floor. across the aisle and cooperate, coordi- will come and go and be reconsidered The PRESIDING OFFICER. The Sen- nate with your colleagues from the at another time. We are considering ator from Illinois. other political party, whether or not the appointments of people to high of- Mr. DURBIN. Madam President, how you like it. That has been a very valu- fice for a lifetime. It is imperative the much time is remaining? able asset to the Senate and, again, one Senate insist that each of these indi- The PRESIDING OFFICER. There is of the things that distinguishes the de- viduals, men and women, be part of the 4 minutes remaining. bate and deliberation and progress of political and judicial mainstream of Mr. DURBIN. Madam President, I ask legislation in the Senate from what America, albeit we have a Republican unanimous consent for an additional 6 transpires with our colleagues in the President, and certainly he will nomi- minutes—I believe the majority party other body. nate conservative Republican judges, had about that added to their morning There is too much division in Amer- as well he ought, and they will be ap- business—if there is no objection. ica today. There is too much partisan- proved in a routine manner as over 200 The PRESIDING OFFICER. Without ship. The rhetoric has grown far too have already. objection, it is so ordered. bitter. It has grown far too extreme. But there is an importance that the Mr. DURBIN. Madam President, I What America wants, and what I be- nominees do fall within the political thank my colleague from South Da- lieve my constituents want, is more mainstream, and the one test to see to kota who just spoke. I just left the governing from the center. Most South it that is the case is the 60-vote margin Senate Judiciary Committee of which I Dakotans and most Americans recog- rule where no judge, regardless of what have been a member for a number of nize neither party has all the answers, their political background or judicial years. It is not just an ordinary meet- neither party has all the good or bad background might be, can be approved ing of the committee today; it is a his- ideas, and we are governing best when unless, in fact, there is some modest bi- toric meeting. It is a meeting I am we come together in the political cen- partisan support, not an overwhelming sure, when they chronicle this episode ter. That will leave the far left and the consensus. in the history of the Senate, they will far right unhappy. They are unhappy Nobody is suggesting a 90-percent point to as a catalyst for a constitu- most of the time, anyway. But I do rule or 75-percent rule or even the 66- tional confrontation, the likes of which think governing from the center, which percent rule which used to be the case the Senate has never seen in its his- the 60-vote rule requires, is one of the for filibusters some years ago but that tory. Let me tell you what is going on. great strengths of the Senate. there be a 60-vote margin. I don’t think Many times in the history of this It would be a horrible mistake for that is asking too much in the name of country, a President with a popular this body to discard that bipartisan bipartisanship, in the name of requir- mandate comes to Washington in their mandate that rule imposes on this ing both parties to come together, and second term unhappy with the judici- body. A loss of bipartisanship would in the name of diminishing the level of ary, unhappy with judges who do not not only affect the consideration of partisan hardball that characterizes see the world as they do. These Presi- judges, but the precedent would cer- the other body and to some degree has dents come to the conclusion that with tainly be in place to affect consider- infected the debate and the rhetoric their popular mandate, with their ma- ation of all other legislation as well. even here in the Senate. jorities in Congress, they can change Keeping in mind that this body, even Having witnessed the political dy- the Constitution, they can change the with that rule in place, has approved namic in both bodies, having had the courts. some 205 Federal judges nominated by honor to serve in both bodies, having It is happening with President Bush, President Bush, has rejected roughly been in both the majority and minor- but he is not the first President who 10, and that we have one of the lowest ity, because the rule we are talking has been through this experience. judicial vacancy rates in American his- about of bipartisanship should prevail President Thomas Jefferson, in the be- tory right now—in fact, about 60 per- regardless of whether Republicans or ginning of his second term, so angry cent of all Federal appellate judges are Democrats are in the majority or the over the opposition party that con- appointees of Republican administra- minority, having witnessed all of that trolled judgeships, tried to impeach a tions over the last number of years—to and knowing where my constituents member of the U.S. Supreme Court. He suggest somehow there is a crisis with come from in terms of growing weary brought the issue to the floor of the judges is a fabrication, frankly. It is of the partisanship and the political ef- Senate, to a floor that was dominated simply untrue. forts in Washington, DC, to jam one by his own political party, and said: Judges are being considered, voted idea past another without the need for Give me the power to get rid of these on, approved at a record rate. In fact, deliberation, without the need for give outrageous judges. His party turned on all of these judges have had up-or-down and take between the two parties, I him and said: No, the Constitution, Mr. votes as opposed, sadly, to the experi- have to believe we ought to reject the President, is more important than your

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4049 power. We reject your notion that you they want to change the rules and di- If it occurs—and I hope it does not— can pack the Supreme Court with minish the power of the Senate and at- it is going to change this body. It is friendly judges. tack the principle of checks and bal- going to change it dramatically. The Thomas Jefferson was not the last. A ances. Senate is so much different from the President whom I honor and venerate, The reason this great democracy has House. The Senate is successful be- Franklin Delano Roosevelt, in the be- survived longer than any in history is cause each and every day you will hear ginning of his second term came to the that we have this tension between the said over and over, ‘‘I ask unanimous White House with this large popular branches of Government—the power of consent.’’ Unanimous consent is just as mandate and, in frustration, said: I am the Presidency checked by the power of the phrase suggests—any Senator can sick and tired of the ideas of the New Congress checked by the power of the object. But it seldom occurs because we Deal being killed in that Supreme judiciary—and this tension among the agree to move forward together— Court. Give me the power as President, three branches of Government has Democrats on this side, Republicans on Franklin Roosevelt said, and I will re- given us this democracy that has sur- the other side—move forward with the place and add to the membership of vived while others have failed. Yet the people’s business. But if the Republican that Supreme Court until we get Jus- majority party, the Republican Party majority pushes through this constitu- tices who think like I do. in the Senate, would walk away from tional confrontation, destroys this tra- He came to this Senate, this Cham- that fundamental principle, for what? dition of the Senate, assaults the prin- ber, dominated by Members of his own For what? So that this President can ciple of checks and balances, then the political party, and said: Stand with have every single judicial nominee courtesy, the comity, and the coopera- me. You voted for the New Deal, now without fail? Madam President, 95 per- tion which makes this such a unique stand with me. We are going to make cent is not enough? And 205 out of 215 institution is in danger. sure the Supreme Court goes along. is not enough? I hope that cooler minds will prevail. And his party said no. They said: I have stood with my colleagues and I am heartened by the fact that Sen- Franklin Roosevelt, the Constitution is voted against some of these nominees. ator JOHN MCCAIN, a leading Repub- more important than your power as I will do it again. These are men and lican, has stood up and begged his fel- President. We will stand by the Con- women far outside the mainstream of low Republican colleagues: Don’t do stitution. You are wrong, Mr. Presi- American political thought. They have this. The Senate and its traditions and dent. been pushed to the forefront by special the Constitution, Senator MCCAIN says, But look what is happening today. interest groups demanding they get are more important than any President President Bush, not content to have 95 lifetime appointment on a court in or any party. percent of his judicial nominees ap- America to make decisions that will I am confident the Judiciary Com- proved by this Senate, has now said: affect everyone—every family, every mittee will send this nomination of This Republican Party is going to worker, the air we breathe, and the pri- Priscilla Owen of Texas to the floor. I change the rules of the Senate, change vacy we revere. hope that once it reaches the calendar, the constitutional principles that have What is the agenda? We hear this cooler minds will prevail and all of us guided us so that President Bush can agenda. It is spelled out in detail by who have sworn to uphold this Con- have every single judicial nominee ap- Congressman TOM DELAY of Texas. He stitution will honor it by our actions proved by the Senate, bar none. threatens the judiciary: We are going on the floor of the Senate. So what will happen in a Senate to dismantle them if they don’t agree f dominated by the President’s party? with me, he says. TOM DELAY is going Will they rise in the tradition of Thom- to set the standard for judges in Amer- EXTENSION OF MORNING as Jefferson’s Senate? Will they rise in ica? This man who was pushing BUSINESS the tradition of Franklin Delano Roo- through the Terry Schiavo case, Mr. DURBIN. Madam President, I ask sevelt’s Senate? Will they, as the Presi- defying 15 years of court decisions, unanimous consent that the period for dent’s party, stand up and say: The defying the wishes of that poor wom- morning business be extended until 12 Constitution is more important than an’s family? He was so angry when the noon, with 45 minutes under the con- the power of any President? Sadly, it Federal judges did not agree with him, trol of Senator SPECTER. appears they will not. They are lapdogs he said: We will get even with you. The PRESIDING OFFICER. Without as the President is demanding this That is what this is about. objection, it is so ordered. power. They will come to the Senate So judicial nominees will come to the Mr. DURBIN. I suggest the absence of with the so-called nuclear option. It is floor who will be approved who will fol- a quorum. a good name. It is a good name because low the TOM DELAY school of thinking, The PRESIDING OFFICER. The it signifies the importance and gravity who will follow something far outside clerk will call the roll. of what they will do. the mainstream of America. The assistant legislative clerk pro- The first thing they have to do is We need to have bipartisanship. We ceeded to call the roll. break the rules of the Senate. If you need balance. We need fairness. We Mr. SPECTER. Mr. President, I ask want to change a Senate rule, you need need to say to a President of any polit- unanimous consent the order for the 67 votes. They do not have 67 votes to ical party: As powerful as you may be, quorum call be rescinded. give President Bush this unbridled you are never more powerful than our The ACTING PRESIDENT pro tem- power, so they will break the rules of Constitution. The Constitution, which pore. Without objection, it is so or- the Senate with a so-called point of is the one commonality in the Senate, dered. order to change the rules of the Senate of all the things we argue about and all Mr. SPECTER. Mr. President, I and to say that this President, unlike the things on which we disagree, we— thank the floor schedulers for reserv- any other President in history, will not each and every one of us—stand proud- ing time for me this morning. I had have his judicial nominees subject to ly next to that well, raise our hands, hoped to be here at 11:15, but I have the rules of the Senate as we know and swear to uphold and defend the been chairing an executive business them. Constitution of the United States. meeting of the Judiciary Committee Oh, they argue, this opposition to To my colleagues and friends who are where we voted on the nominations of President Bush’s nominees is unprece- following this debate, the constitu- Justice Owen and Justice Brown. Not dented. Nobody has ever used the fili- tional crisis we are facing is unneces- unexpectedly, it went over the planned buster on a judicial nominee. That is sary. If the President’s own party has 11:15 conclusion, but I do appreciate what they say. But they are wrong. It the courage that Thomas Jefferson’s the allocation of time. I asked for 45 has happened 11 times. Most recently party had, that Franklin Roosevelt’s minutes for a presentation, which I am the Republicans used the filibuster party had, they would say to the Presi- about to make. against President Clinton’s nominees. dent: You have gone too far. The Con- Mr. SPECTER. Mr. President, I seek They have done it. They have done it stitution is more important than any recognition today to address the sub- because the rules allowed them to do President. But, sadly, we are on a path ject of Senators’ independence and dis- it. And now, in the middle of the game, to this crisis. sent. As members of political parties,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4050 CONGRESSIONAL RECORD — SENATE April 21, 2005 we owe loyalty to the party that not allow the nominations to move for- Court tie vote would render the Court helped get us elected and which enables ward, President Clinton withdrew 12 of dysfunctional, leaving in effect the cir- us to join together to achieve broad those nominations and chose not to re- cuit court decision with many splits policy objectives. Historically, we have nominate 16. among the circuits, so the rule of law found our system of Government func- During that time I urged my Repub- would be suspended on many major tions best with a two-party system. lican colleagues on the Judiciary Com- issues. But as part of that historical perspec- mittee to confirm well-qualified Demo- On these critical issues with these tive, we have simultaneously seen loy- cratic nominees. For example, I broke cataclysmic consequences, I urge my alty to our Nation take precedence to ranks with many of my colleagues on colleagues on both sides of the aisle to loyalty to party. At certain junctures the Republican side to speak and vote study the issues and to vote their con- of American history, the fate of our in favor of the confirmation of Marsha sciences independent of party dicta- system of Government has rested on Berzon and Richard Paez, both to the tion. I have not rendered a decision on the ability of Members of this body to Ninth Circuit Court of Appeals. While how I would vote on the constitutional/ transcend party loyalty for the na- many of my Republican colleagues nuclear option, but instead have been tional interest. I believe the Senate criticized me for voting for Berzon and working to break the impasse by con- currently faces such a challenge be- Paez, I thoroughly reviewed their firming or rejecting the previously fili- tween party line voting on filibusters records and determined that both were bustered nominees by up or down and potential voting on the constitu- qualified for the positions to which votes. tional, or so-called nuclear option. they had been nominated. While I did As Chairman of the Judiciary Com- I have watched the issue on con- not agree with Ms. Berzon and Mr. mittee, I selected William Myers as the firmation of Federal judges fester and Paez on every issue, I realized the im- first of the filibustered judges to be re- become exacerbated as each party has portance of working toward solutions ported out of Committee for Senate racheted up the ante beginning with when the Senate is at an impasse on a floor action. Two Democrats, Senator the last 2 years of President Reagan’s nomination. JOE BIDEN and Senator BEN NELSON, administration when Democrats took After the 2002 elections with control had voted in the 108th Congress to end control of the Senate and continuing to of the Senate returning to Republicans, the filibuster on Mr. Myers, and Sen- the present day. the Democrats resorted to the fili- ator KEN SALAZAR made a campaign In 1987, upon gaining control of the buster on ten circuit court nomina- promise to support an end to the Myers Senate and the Judiciary Committee, tions, which was the most extensive filibuster, although he has since on which I have served since being use of the tactic in the Nation’s his- equivocated on that commitment. elected in 1980, the Democrats denied tory. The filibusters started with Being only 2 or 3 votes shy of 60, 55 Re- hearings to seven of President Rea- Miguel Estrada, one of the most tal- publicans plus presumably two or three gan’s circuit court nominees and de- ented and competent appellate lawyers Democrats, I thought Myers had a real- nied floor votes to two additional cir- in the country. The Democrats fol- istic chance for confirmation. cuit court nominees. As a result, the lowed with filibusters against nine With any judicial nominee, or any confirmation rate for Reagan’s circuit other circuit court nominees. During Senators for that matter, opponents nominees fell from 89 percent prior to the 108th Congress, there were 20 clo- can pick at their record. On the total- the Democratic takeover to 65 percent ture motions on ten nominations. All ity of his record, as demonstrated at afterwards. While the confirmation 20 failed. two hearings and the Judiciary Com- rate decreased, the length of time it To this unprecedented move, Presi- mittee Executive session, Myers is took to confirm judges increased. From dent Bush responded by making for the qualified for confirmation. Beyond the the Carter administration through the first time in the Nation’s history two issue of his own qualifications, his con- first 6 years of the Reagan administra- recess appointments of nominees who servative credentials would lend some tion, the length of the confirmation had been successfully filibustered by balance to the Ninth Circuit. process for both district and circuit the Democrats. That impasse was bro- The Democrats have signaled their court seats consistently hovered at ap- ken when President Bush agreed to re- intent not to filibuster Thomas Grif- proximately 50 days. For President frain from further recess appointments. fith or Judge Terrence Boyle which Reagan’s final Congress, after the Against this background of bitter may help to diffuse the situation. In Democrats took control, the number and angry recriminations with each addition, intensive efforts are being doubled to an average of 120 days for party serially trumping the other made to clear three of President Bush’s these nominees to be confirmed. party to ‘‘get even’’ or, really, to domi- nominees for the 6th Circuit. If enough The pattern of delay and denial con- nate, the Senate now faces dual of the President’s nominees can be con- tinued through 4 years of President threats, one called the filibuster and firmed, we may be able to deflate the George H.W. Bush’s administration. the other the ‘‘constitutional’’ or ‘‘nu- controversy without a vote on the con- President Bush’s lower court nominees clear’’ option, which rival the US/ stitutional/nuclear option. That is waited, on average, 100 days to be con- USSR confrontation of mutual assured what I am trying to do in my capacity firmed, which was about twice as long destruction. Both situations are accu- as chairman of the Judiciary Com- as had historically been the case. The rately described by the acronym mittee. Democrats also denied committee ‘‘MAD’’, which was used for the con- In due course, I will have more to say hearings for more nominees. President frontation between our Nation and the about the other pending Bush nomi- Carter had 10 nominees who did not re- Soviet Union. nees; but for now, I only urge my col- ceive hearings. For President Reagan, We Republicans are threatening to leagues to be independent and to exam- the number was 30. In the Bush Sr. ad- employ the ‘‘constitutional’’ or ‘‘nu- ine the nominees’ records on the merits ministration, the number jumped to 58. clear’’ option to require only a major- without having their votes determined When we Republicans won the 1994 ity vote to end filibusters. The Demo- by party loyalty. election and gained the Senate major- crats are threatening to retaliate by The fact is that all, or almost all, ity, we exacerbated the pattern of de- stopping the Senate agenda on all mat- Senators want to avoid the crisis. I laying and blocking nominees. Over the ters except national security and have had many conversations with my course of President Clinton’s presi- homeland defense. Each ascribes to the Democrat colleagues about the fili- dency, the average number of days for other the responsibility for ‘‘blowing buster of judicial nominees. Many of the Senate to confirm judicial nomi- the place up.’’ them have told me that they do not nees increased even further to 192 days The gridlock occurs at a time when personally believe it is a good idea to for district court nominees and 262 we expect a U.S. Supreme Court va- filibuster President Bush’s judicial days for circuit court nominees. cancy within the next few months. If a nominees. They believe that this un- Through blue slips and holds, 70 of filibuster would leave an 8-person precedented use of the filibuster does President Clinton’s nominees were court, we could expect many 4-to-4 damage to this institution and to the blocked. When it became clear that the votes since the Court now often decides prerogatives of the President. Yet de- Republican-controlled Senate would cases with 5-to-4 votes. A Supreme spite their concerns, they gave in to

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4051 party loyalty and voted repeatedly to change that come from independent judg- Vice President who was wanted in two filibuster Federal judges in the last ment and individual ideas—and even from states for his dueling homicide of Alex- Congress. the unorthodox, and the eccentric—can en- ander Hamilton, presided at the hear- Likewise, there are many Repub- able us to surpass that foreign ideology that ing. During closing arguments, Justice fears free thought more than it fears hydro- licans in this body who question the gen bombs. Chase’s counsel, Luther Martin, a wisdom of the constitutional or nu- Maryland delegate to the Constitu- Beyond his stirring words, Kennedy clear option. They recognize that such tional Convention, predicted the out- provides us examples. John Quincy a step would be a serious blow to the come and noted the wisdom of the Adams’ faced such a controversy when Founding Fathers in the constitutional rights of the minority that have al- English ships seized American ships provision giving the Senate the power ways distinguished this body from the and conscripted American sailors who to try and decide cases of impeach- House of Representatives. Knowing could not ‘‘prove’’ that they were not ment. There were Senators in the that the Senate is a body that depends British subjects. Adams, a Federalist, Chase impeachment proceeding who upon collegiality and compromise to was incensed. Ultimately, he voted transcended the pressures of their pass even the smallest resolution, they with President Jefferson and the Re- party, and bravely cast votes of ‘‘not worry that the rule change will impair publicans to enact an embargo against guilty’’ for Justice Chase, thereby pro- the ability of this institution to func- Great Britain. Yet most other Federal- tecting the independence of the U.S. tion. ists, including those in Adams’ home Judiciary. The importance of independence was state of Massachusetts, preferred to A similar great example of Senate noted on November 3, 1774 in a speech make excuses for the British behavior independence occurred in the impeach- of historical importance to the Elec- and urge caution. Realizing the polit- ment trial of President Andrew John- tors of Bristol by Edmund Burke, a ical suicide he was committing, Adams son. President Johnson achieved the Member of the British Parliament: remarked to a friend, ‘‘This measure ire of the Congress, and the public gen- ‘‘. . . his (the legislators) unbiased opinion, will cost you and me our seats but pri- erally, when he suspended the Sec- his mature judgment, his enlightened con- vate interest must not be put in oppo- retary of War, Edwin Stanton, in viola- science, he ought not to sacrifice to you, to sition to public good.’’ His prediction tion of the 10-year Oath-of-Office Act any man, or to any set of men living. Your was right. He lost his seat. representative owes you, not his industry which passed over the President’s veto. Kennedy recounts further in ‘‘Pro- only, but his judgment; and he betrays, in- That legislation prevented the Presi- files in Courage,’’ how Senator Thomas stead of serving you, if he sacrifices it to dent from removing, without the con- Hart Benton, a Democrat from the your opinion.’’ sent of the Senate, all new office- slave-holding state of Missouri, ele- President John F. Kennedy, while a holders whose appointments require vated his love of the Union and his be- member of this body, wrote Profiles in confirmation of that body. Public opin- lief in manifest destiny over populist Courage which cities the roles of coura- ion ran very high against President notions of secessionist Southern states. geous Senators who chose the national Johnson. Though Benton owned slaves and was good over party loyalty. He summed it In ‘‘Profiles in Courage,’’ Senator one of the few Senators to bring them up on one of his famous quotations: KENNEDY again described the unfolding with him to his Washington home, he ‘‘Sometimes party loyalty asks too drama: refused to speak in favor of or against much.’’ To their dismay, at a preliminary Repub- slavery in emergent states such as As President Kennedy wrote in the lican caucus, six courageous Republicans in- California and New Mexico, as they introduction to his book: dicated that the evidence produced so far were added to the Union. Benton was was not in their opinion sufficient to convict Of course, both major parties today seek to known for his fiery rhetoric and inde- Johnson . . . serve the national interest. They would do so pendent streak throughout his thirty in order to obtain the broadest base of sup- There were public outcries and party port, if for no nobler reason. But when party years in the Senate. In a prescient, outcries against the deviation from and officeholder differ as to how the national foreboding statement, one of Benton’s their party loyalty. The party said: interest is to be served, we must place first Missouri contemporaries remarked, ‘‘All must stand together!’’ All but one the responsibility we owe not to our party or ‘‘[a]t an early period of [Benton’s] ex- Republican Senator announced their even to our constituents but to our indi- istence, while reading Plutarch, he de- opinions. One who would not was Ed- vidual consciences. termined that if it should ever become mond G. Ross of Kansas. Kennedy further noted, in words necessary for the good of his country, The Radicals were outraged that a Senator which ring as true today as they did he would sacrifice his own political ex- from such an anti-Johnson stronghold as decades ago: istence.’’ Senator Benton did exactly Kansas could be doubtful. Indeed, despite Today the challenge of political courage that. public clamor and partisan outcry against looms larger than ever before. For our every- Courageous Senators and this insti- him, Senator Ross was resolute in his unwill- day life is becoming so saturated with the tution as a whole resisted great polit- ingness to signal his thoughts in advance of tremendous power of mass communications ical pressure to reject steps that would the ultimate vote on the Articles of Im- peachment. As the impeachment trial droned that any unpopular or unorthodox course have threatened the separation of judi- on, he remained the only unknown voter arouses a storm of protests such as John cial powers and the independence of the among Republican Senators. Quincy Adams—under attack in 1807—could President. These instances were the never have envisioned. Our political life is Ross ultimately voted not guilty, in becoming so expensive, so mechanized and so 1804–1805 impeachment and trial of As- defiance of party loyalty. Reflecting on dominated by professional politicians and sociate Justice Samuel Chase and the what colored his odd voting pattern, public relations men that the idealist who 1868 impeachment of President Andrew given his disdain for President John- dreams of independent statesmanship is Johnson. son, and his near mechanical party loy- rudely awakened by the necessities of elec- Republicans under Thomas Jefferson alty until that single moment, Ross tion and accomplishment. sought to have Associate Justice Sam- said, in historic words: Continuing, Kennedy wrote: uel Chase of the United States Su- In a large sense, the independence of the Of course, it would be much easier if we preme Court impeached in 1804. The executive office as a coordinate branch of could all continue to think in traditional po- outcome of Justice Chase’s trial would government was on trial. . . . If . . . the litical patters—of liberalism and conserv- largely determine whether the judici- President must step down . . . a disgraced atism, as Republicans and Democrats, from ary could remain independent or be- man and a political outcast . . . upon insuffi- the viewpoint of North and South, manage- come a subordinate branch of govern- cient proofs and from partisan consider- ment and labor, business and consumer or ment where justices looked to the leg- ations, the office of President would be de- some equally narrow framework. It would be islature for patronage and job security. graded, cease to be a coordinate branch of more comfortable to continue to move and It was Justice Chase’s penchant for the government, and ever after subordinated vote in platoons, joining whomever of our to the legislative will. It would practically colleagues are equally enslaved by some cur- politicking and expressing Federalist have revolutionized our splendid political rent fashion, raging prejudice or popular views from the bench that got him in fabric into a partisan Congressional autoc- movement. But today this nation cannot tol- trouble. racy. . . . This government had never faced erate the luxury of such lazy political habits. Justice Chase was tried before the so insidious a danger . . . control by the Only the strength and progress and peaceful Senate. Aaron Burr, the controversial worst element of American politics.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4052 CONGRESSIONAL RECORD — SENATE April 21, 2005 Ross went on to say: The value of independence, expressed The PRESIDING OFFICER. Under If Andrew Johnson were acquitted by a in the dissenting opinions of Holmes the previous order, there will be 4 nonpartisan vote . . . America would pass and Brandeis, called public attention hours of debate equally divided be- the danger point of partisan rule and that in- to values which later became the pil- tween the two leaders or their des- tolerance which so often characterizes the lars of our democracy. Dissenting in ignees, and the Democratic time will sway of great majorities and makes them Olmstead v. United States, Justice be equally divided between the Senator dangerous. Brandeis said: from West Virginia, Mr. ROCKEFELLER, Mr. President, I know morning busi- The makers of our Constitution conferred, and the Senator from Oregon, Mr. ness has expired. But in the absence of as against the Government, the right to be WYDEN. any other Senator seeking recognition, let alone—the most comprehensive of rights The Senator from Kansas. I ask unanimous consent to proceed for and the right most valued by civilized men. Mr. ROBERTS. Mr. President, I an additional 10 minutes. To protect that right, every unjustifiable in- thank you. The ACTING PRESIDENT pro tem- trusion by the Government upon the privacy Mr. President, as chairman of the pore. Without objection, it is so or- of the individual, whatever the means em- Senate Select Committee on Intel- dered. ployed, must be deemed a violation of the ligence, I rise today in strong support Mr. SPECTER. Mr. President, inde- [Constitution]. of the nomination of Ambassador John pendence and dissent from the major- That view of the most basic ‘‘right to D. Negroponte to serve as our Nation’s ity view has a great tradition in our be let alone’’ later became the pillar of first Director of National Intelligence. country, further exemplified by inde- civil rights in our society in many con- The committee held Ambassador pendent, thoughtful U.S. Supreme texts. It is the foundation of today’s Negroponte’s confirmation hearing on Court Justices who formulated impor- debate on the Patriot Act where rep- Tuesday, April 12, and voted favorably tant legal principles which were later resentatives of the political right and to report his nomination to the full embraced as the law of the land. the political left reference that value Senate on Thursday, April 14. In a series of powerful and famous as the barometer of the balance of gov- Now, the speed with which the com- dissents, Justice Oliver Wendell ernmental power to provide for our Na- mittee acted upon this nomination and Holmes and Justice Louis Brandeis, ar- tion’s security. the nomination of LTG, soon to be ticulated a logic so compelling that it The Holmes/Brandeis independent four-star general, Michael Hayden, to became the majority view within a views, expressed in Supreme Court dis- be the Principal Deputy Director of Na- generation. Their examples serve as a sents, later became the law of the land tional Intelligence, really underscores reminder of the importance of dissent on such important issues as freedom of the importance the committee, and I and independence. speech, prohibiting child labor, lim- believe the Senate, places on con- As a law student, I was inspired by iting working hours, and peremptory tinuing and ensuring reform of our Na- Justice Holmes’s dissent in Abrams v. challenges in criminal cases. tion’s intelligence community and, as a United States, when he wrote: These illustrations of Senatorial and result, our national security. While our intelligence community But when men have realized that time has judicial independence demonstrate the upset many fighting faiths, they may come value of free thinking in deciding what has a great number of successes—let to believe even more than they believe the is best for our Nation’s long-range in- me emphasize that—of which intel- very foundations of their own conduct that terests. Central to the definition of de- ligence professionals should be justifi- the ultimate good desired is better reached liberation is thought. And we pride ably proud—and the problem here is by free trade in ideas—that the best test of ourselves on being the world’s greatest that when we have successes in the in- truth is the power of the thought to get deliberative body. And thought re- telligence community, many times ei- itself accepted in the competition of the quires independence—not response to ther the community or those of us who market, and that truth is the only ground party loyalty or any other form of dic- serve on the committee or those who upon which their wishes can be successfully are familiar with those successes can- carried out. That, at any rate, is the theory tation. The lessons of our best days as of our constitution. a nation should serve as a model today not say anything about them because it is classified—but the intelligence The theme of free-thought and inde- for Senators to vote their consciences on the confirmation of judges and on failures associated with the attacks of pendence, so artfully articulated by 9/11 and the intelligence community’s Justice Holmes, is also the foundation the constitutional/nuclear option. If we fail, then I fear this Senate will flawed assessments of Iraq’s WMD pro- of ‘‘Profiles in Courage.’’ I think the grams underscored the need for funda- essence of that theme was best summa- descend the staircase of political gamesmanship and division. But if we mental change across the intelligence rized by then-Senator John Kennedy, community. when he said: succeed, our Senate will regain its place as the world’s preeminent delib- In my years on the Senate Intel- Foreign ideology . . . fears free thought erative body. ligence Committee, I have met many of more than it fears hydrogen bombs. these hard-working men and women of Free thought is the ultimate road to I thank the Chair and thank my col- leagues and yield the floor. the intelligence community who work truth. Free thought is the energy that day in and day out with one goal in drives the political machine that leads f mind; that is, to keep this Nation se- to good public policy in our society. CONCLUSION OF MORNING cure and our people safe. Free thought, and its companion, free- BUSINESS They are held back, however, by a dom of speech and assembly and press, The PRESIDING OFFICER (Mr. GRA- flawed system that does not permit are the core attributes of democracy HAM). Morning business is closed. them to work as a community to do that are today taking root around the their best work. So we need to honor world. f their commitment and their sacrifices ‘‘Free trade in ideas’’ cannot flourish EXECUTIVE SESSION by giving them an intelligence commu- when Senators are constrained to fol- nity worthy of their efforts and capable low a political party’s edict. When the of meeting their aspirations and our merits of individual judicial nominees NOMINATION OF JOHN D. expectations of them. are debated and considered, without NEGROPONTE TO BE DIRECTOR So responding to that demonstrated the counter-marjoritarian filibuster OF NATIONAL INTELLIGENCE need for reform, Congress really cre- preventing resolution, only then do we The PRESIDING OFFICER. Under ated the position of Director of Na- achieve Holmes’s ‘‘best test of truth.’’ the previous order, the Senate will pro- tional Intelligence with the intent of Similarly, if the constitutional/nuclear ceed to executive session for the con- giving one person the responsibility option is debated and considered with- sideration of calendar No. 69, which the and authority to provide the leadership out adherence to the party line, we will clerk will report. that the Nation’s intelligence appa- pursue the tested process to find the The legislative clerk read the nomi- ratus has desperately needed and to ex- truth that is ‘‘the only ground upon nation of John D. Negroponte, of New ercise command and control across all which [our] wishes can be successfully York, to be Director of National Intel- the elements of the intelligence com- carried out.’’ ligence. munity.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4053 In short, through legislation, we cre- face tremendous challenges and will re- First, however, as the chairman did, ated the DNI, the Director of National quire unwavering support from both I am going to take a few minutes to de- Intelligence, to provide the intel- Congress and the White House. scribe how critical this new position is ligence community with a clear chain I am pleased President Bush has to our country and its future, the mag- of command and the accountability made it very clear that the DNI will nitude of the challenges Ambassador that comes with that. have strong authority in his adminis- Negroponte will face. To facilitate that chain of command, tration. We in Congress must do our In 1947, Congress created the Central and to foster accountability, the Na- part, and we begin with the nomination Intelligence Agency and the Director of tional Security Intelligence Reform of Ambassador Negroponte. Central Intelligence. The Cold War was Act of 2004 gave the DNI significant The President has made an excellent upon us and the Nation needed intel- management authorities and tools, in- choice in choosing the Ambassador to ligence about our new adversary. The cluding expanded budget authority, ac- serve as the first DNI. He has dedicated structure we put in place at that time quisition, personnel, and tasking au- more than 40 years of service to our to keep tabs on the Soviet Union grew thorities. country. Over the course of his public and took on additional missions over These authorities, however, are lim- service career, the Senate has con- the next 40 years. But the intelligence ited in significant ways, and the legis- firmed him seven times, including five community stayed primarily focused lation leaves certain ambiguities about times for ambassadorial positions in on that one target of the Soviet Union. the DNI’s authorities. Honduras, Mexico, the Philippines, the Then in 1990, the Soviet Union dis- As a result, there are questions about United Nations and, of course, most re- solved. The world changed dramati- the DNI’s ability to bring about the cently in Iraq. Ambassador Negroponte cally, but our intelligence organiza- kind of change and true reform nec- has also held a number of key positions tions for the most part did not. As a essary to address the failures high- within the executive branch, including consequence, we have for the past 15 lighted by the 9/11 attacks and the as- serving as Deputy National Security years made do with an intelligence sys- sessments of Iraq’s WMD programs. Advisor. tem designed to penetrate and collect So the task of resolving these ambi- In short, his career has been dedi- information about a single static ad- guities and questions will fall to the cated to intelligence and national secu- versary. There was no one in charge to first Director of National Intelligence. rity matters, and he has a great deal of force change from within, and before As the WMD Commission pointed out experience to offer as the new Director September 11 of 2001, there was little in its recent report, the DNI will have of National Intelligence. He is well impetus for change from without. to be adept at managing more through suited for this position. I look forward The National Security Act of 1947, resource allocation than through com- to working with him. the genesis of all of this, designated mand. In my discussions with Ambassador the DCI to serve as the head of the Cen- Moreover, the first DNI will define Negroponte, I have made it clear that tral Intelligence Agency, also the prin- the power and scope of future Directors Congress and the American people ex- cipal adviser to the President on intel- of National Intelligence and will deter- pect him to make a difference in the ligence matters, and the head of the mine, in large measure, the success of intelligence community. I must say, on U.S. intelligence community—all three our efforts to truly reform the intel- behalf of the Senate Select Committee ligence community. of those assignments. Bringing about that reform is not on Intelligence and on behalf of my The Director of Central Intelligence going to be easy. Numerous commis- vice chairman and myself, we have ran the CIA, advised the President, sions—many commissions—have iden- promised to conduct aggressive, pre- but, frankly, never exercised the third tified the same failings as those that emptive oversight in regard to helping responsibility, which is probably the resulted in the legislation that created the DNI answer the challenges he will most important other than advising the DNI. Yet previous reform efforts face with regard to the capabilities we the President, and that is managing have proven largely fruitless. have or do not have with regard to the the intelligence community itself. So immune to reform is the intel- intelligence community. Even after the events, tragic though ligence community that the WMD We expect him to break down those they might have been, of 9/11, it took 3 Commission described it as a ‘‘closed barriers to information access I alluded years, two major investigations of world’’ with ‘‘an almost perfect record to earlier. We expect him to improve those events, and the stunning intel- of resisting external recommenda- the human intelligence capabilities we ligence failures prior to the Iraq war to tions.’’ need. And ultimately, we expect him to break through the entrenched interests Allow me to relay one example to provide leadership and accountability. and to achieve reform that created the demonstrate this point. In response to these questions, during position of director of something called Over 3 years have passed since the his confirmation hearing, the Ambas- national intelligence, all of it. September 11 attacks, and the ele- sador simply responded ‘‘I will’’ with The difficulty involved in the birth of ments of the community have not conviction. this new office serves as a warning for made the progress that we want in Clearly Ambassador Negroponte will the challenges that the Ambassador, if sharing intelligence data amongst the face significant challenges. He is going confirmed, as I hope he will be, will community. The distinguished vice to carry heavy burdens. I am con- face. Bureaucracies are amazingly slow chairman and I call that ‘‘information vinced, however, he has the character, to change. That doesn’t say anything access.’’ the expertise, and the leadership skills bad about the people. That is the way Elements within the intelligence required to successfully meet these the world works, whether it is cor- community, unfortunately, continue to challenges and to shoulder these re- porate, private, or whatever. The bu- act—some elements—as though they sponsibilities. reaucracies are tenacious in defending own the intelligence data they collect I urge my colleagues to support this their turf. Some of the stories are re- rather than treating that data as be- nomination, and I reserve the remain- markable within the 15 intelligence longing to the U.S. Government. der of my time. agencies the Ambassador will have to As a result of the community’s fail- The PRESIDING OFFICER. The Sen- oversee. Reform of the intelligence ure to repudiate outdated restrictions ator from West Virginia. community will involve stepping on on information access, and its refusal Mr. ROCKEFELLER. Mr. President, I the turf of some of the most powerful to revisit legal interpretations and pol- join with the chairman of the Intel- bureaucracies in Washington. And first icy decisions that predate the threats ligence Committee in what he has said. and foremost among those is the De- now confronting the United States, im- Today the Senate is considering the partment of Defense. pediments to information access are nomination of Ambassador John Eighty percent of our intelligence reemerging—reemerging, even today— Negroponte to become the Nation’s spending is in the DOD budget. The in- in the very programs designed to ad- first Director of National Intelligence. coming Director of National Intel- dress the problem. Personally, I strongly support this ligence will have to quickly establish a Clearly, then, the Nation’s first Di- nomination, and I will discuss the rea- close working relationship with the rector of National Intelligence will sons why in a moment. Secretary of Defense, but it must be a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4054 CONGRESSIONAL RECORD — SENATE April 21, 2005 relationship of equals, and Ambassador going to have to be ‘‘access,’’ that any- rounding the collection of intelligence Negroponte must be willing to exercise body in that business has access to through the detention, interrogation, the authority given him by the legisla- that intelligence automatically by def- and rendition of suspected terrorists tion and the President when he and the inition unless there is a particular and insurgents. We have been subjected Secretary differ. In effect, the Director need-to-know restriction. to an almost daily deluge of accusa- of National Intelligence supersedes the The Director of National Intelligence tions of abuse stemming from these op- head of the Department of Defense. has to create a new culture where the erations. Ambassador Negroponte also will en- process of producing intelligence is co- The intelligence we gain through counter and need to manage the CIA, ordinated across agencies from the be- these interrogations is, frankly, too an organization accustomed to oper- ginning. The collection strategies for important to allow shortcomings in ating with tremendous autonomy, a various targets need to be unified, and this program to continue, and the Di- world unto itself. Some of these agen- the intelligence collected needs to be rector of National Intelligence will be cies, such as the National Security available to everyone with the proper the official responsible for ensuring we Agency—they are called NSA—get clearance and the need to know that have a comprehensive, consistent, acronyms, ‘‘no such agency’’—that is information. legal, and operational policy on the de- part of the way their world operates. That is the concept of jointness in tention and interrogation of prisoners That is not to denigrate them, their operation that the Presiding Officer because there is enormous flux in that public service, their public commit- knows well because he is on the Armed whole area right now. The lack of clar- ment, their willingness to offer up Services Committee, as is my col- ity in these areas has led to confusion their lives for their country. But bu- league, the chairman of the Intel- and likely contributed to the abuse we reaucracy of a huge magnitude it sure- ligence Committee. Jointness is a con- have witnessed. ly is. cept the military has used and made Dealing with the many challenges is Then there is the FBI, an agency work very effectively. It goes back to a tall order. But if anybody can suc- which is dominated by its law enforce- the Goldwater-Nichols Act almost 20 ceed in the position of DNI, Director of ment history and struggling to make years ago, and it is something the In- National Intelligence, an entirely new itself into a full partner in the intel- telligence Committee is going to have position in the U.S. Government, one ligence community. Some question to learn how to do. Making funda- of the three or four toughest jobs in whether that can be done; my mind is mental changes is absolutely essential Washington, that person is Ambassador still open to it. They are trying. Most in order to make sure our intelligence Negroponte. He has a 40-year career of people say it is working at the top but is timely, objective, and independent of public service, as has been indicated, in not in the middle, because if you are a political consideration. some of most difficult and critical lawyer, you have a yellow pad, you go The credibility of the intelligence posts in the Foreign Service: Vietnam, arrest somebody for breaking the law. community—and, by extension, the the Paris peace talks, South and Cen- If you are an intelligence officer, you credibility of the United States—has tral America, the U.N., and most re- find somebody you are suspicious of, suffered when key intelligence reports cently in Baghdad. and you don’t arrest that person. You such as the prewar intelligence report He has been doing this for 40 years. surveil that person, you trail that per- on Iraq failed the test of being timely, One of the things I have appreciated son, maybe for weeks, months, to find objective, and independent as required particularly about him is that he is not out where that person takes you and by law. It is not something they just a military person, not a political per- what intelligence we can learn from ought to be doing; it is required by the son, not an intelligence person. He is a that. 1947 National Security Act. But these are powerful organizations Making major changes in the way the diplomat. He is somebody who, through with very proud histories. They are community operates and produces in- his entire career, has engaged in under- populated by dedicated and talented telligence will be the first step for Am- standing the nuances of the cultures public servants who have contributed bassador Negroponte. He also must in- we have to deal with in the intelligence to our security for decades. But our still a sense of accountability. On this world and what follows intelligence needs are now different. All of these many of us feel strongly. The joint in- across the world. But he also knows a agencies now must change the way quiry conducted by the Senate and the great deal about intelligence and the they do business. House Intelligence Committees into military operations and the political Ambassador Negroponte takes charge the events of 9/11 called for account- aspects of life simply because you can- at a time when the intelligence com- ability for the mistakes made prior to not be an ambassador and avoid those munity is reeling from criticism for the attack where thousands lost their things. the lapses prior to 9/11 and the signifi- lives. The WMD commission, which fin- He is a diplomat, a manager, a nego- cant failures related to prewar intel- ished its work, also highlighted this tiator, which is crucial to bringing ligence on Iraq. issue. these agencies together and to go back The chairman and I worry about that But despite these findings and de- and forth with the President and the because it affects morale. One doesn’t spite what one would think the coun- Congress. He has extensive knowledge want to affect morale. But on the other try would assume and expect, no one of the workings of the Government. hand, intelligence agencies have to re- has been held accountable for the nu- That is a very prosaic statement, until flect the current needs of this country merous failures to share critical intel- one takes it at face value. Most people and act accordingly. ligence and act on intelligence warn- don’t. They have extensive knowledge The loose amalgam of 15 intelligence ings in the year and a half prior to the about certain parts of Government. He agencies needs a leader who can change 9/11 attacks. Likewise there has been a covers the ballfield. He has the tem- not simply the boxes on an organiza- lack of accountability over the failings perament, standing, and self-con- tional chart but the way we do intel- in the collection, analysis, and use of fidence, frankly, to deal with the Wash- ligence. The different agencies tradi- intelligence prior to the Iraq war itself. ington bureaucracy. He has a great tionally have collected intelligence Accountability means people get deal of confidence in himself, and he from their sources, analyzed it, put it fired or people get demoted or people ought to—he has the backing of some- into their databases, and then shared it get scolded or, concurrently, people are body called the President of the United as they deemed appropriate. The chair- patted on the back, rewarded, encour- States of America. man and I are very fond—both of us—of aged, motivated further, held up before The Intelligence Reform Act provides saying the word ‘‘share’’ is now out- their colleagues as exemplary because the Director of National Intelligence moded. There is a need-to-know basis they have done something particularly with considerable authority. But in from time to time. But if you share well. Washington, DC, the support of the something, that means you own it and So the Ambassador is not only going President is invaluable in exercising that you make the decision you will to have to deal with problems from the authority. To put it another way, a share it with somebody. We prefer the past, but he will have to face imme- person loses their stature pretty quick- modern word for intelligence which is diately the growing scandal sur- ly if the President is not backing that

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4055 person in high-profile decisions, par- ment of Defense. That was right on tar- National Intelligence. I rise today in ticularly in those instances when deci- get. strong support of his confirmation for sions meet resistance from the heads of There has been a great deal of com- this demanding position. I agree with other departments and other agencies ment, as the vice chairman knows, the chairman and vice chairman; I can which have full call on the President that 80 percent of the funding of the in- think of few people as well suited by and his attention. The President’s sup- telligence budget goes to the military, experience, intelligence, and dedication port will be absolutely critical to Am- and in terms of being the majority user to tackle this assignment. I heard the bassador Negroponte’s success—and of intelligence nobody would quarrel remarks of the vice chairman, and I succeed he must, Mr. President. with that. I don’t know of any Member wish to associate myself with those The United States faces a period of of Congress who would say otherwise. I very fine remarks—particularly his re- enormous uncertainty and threat. The think we have made great progress be- marks about General Hayden who is problems of international terrorism tween the intelligence and the military nominated to be the Principal Deputy. will be with us for many decades, and and the real-time analysis or real-time We are not talking about his nomina- the proliferation of weapons of mass intelligence to the warfighter, even tion today, but I associate myself with destruction poses a danger at this though our challenges in parts of the the high commendation that has been minute for the entire world and will for world are very great. But I point out— made of this gentleman, who also de- decades to come. and I think the vice chairman agrees— serves prompt confirmation, so that we These are difficult targets for the in- that the principal user of intelligence— can get about the critically important telligence community, but these are not majority but principal user of in- work of providing intelligence. Ambas- the things that threaten our security telligence—is not the military, as im- sador Negroponte’s wealth of experi- every moment. These are the issues the portant as they are; it is the President ence and outstanding track record intelligence community must master. of the United States and the National should be well known to all of us. A They are our front line of defense. The Security Council and the Congress of proven leader and manager in our na- tional security establishment, he warfighter has not yet engaged prop- the United States to determine policy. erly until the intelligence has been col- I thank the Senator for bringing that served five tours as chief of mission in U.S. Embassies. He has worked closely lected and disseminated and policy is out and I thank him for a very fine not only with frontline intelligence of- made from that. Ambassador statement and also for being a fine vice ficers but himself served as Deputy Na- Negroponte must lead all of us into a chairman. We aggressively tried to pro- tional Security Adviser. He has solid new era on intelligence. I think he is vide insight and advice to the new DNI. experience working with the U.S. mili- very well suited for the task, and I Mr. ROCKEFELLER. If my friend tary, as well as representatives of Cabi- will yield, I further say that the Presi- look forward to his swift confirmation. net departments. Most telling, his re- In closing, I also hope the Senate dent made an enormous contribution, cent experience as U.S. Ambassador to moves very quickly to confirm the which was sort of generally over- Iraq and the United Nations provide President’s nominee to be Principal looked—not by those of us who work in him with a unique view into the spec- Deputy Director of National Intel- this field of intelligence—when he trum of national security challenges ligence, and that is LTG Michael Hay- made it very clear and made an execu- we now face and how best to construct den. This is a tandem made in Heaven. tive decision that 80 percent of the an intelligence apparatus to meet General Hayden understands the mili- budget that goes to the military, those challenges. He understands that tary, the lifelong service of it. He un- minus a few very specific tactical while collecting, analyzing, and dis- derstands intelligence. He is Director areas, and necessarily so, would be seminating good intelligence are not of the National Security Agency. He under the Director of National Intel- only requirements of a sound foreign has a profound, intuitive, knowledge- ligence. That was the President declar- policy and a secure homeland, they are based understanding of what is under ing that whoever is in that position key elements. Most important, these the rocks and what is plainly in sight, will control the funding. Complications are processes in dire need of repair. The what is plainly good or wrong about can arise, but the President has been Ambassador is the right choice at the the intelligence profession. He has led clear about who is going to run this op- right time to take on these challenges. the National Security Agency for the eration, and that is very important. As we continue our war on terror last 6 years. It is an interesting fact Mr. ROBERTS. Mr. President, I could against those who would do us harm, that in the National Security Agency, ask for unanimous consent to lock in our intelligence community must also under their roof, is the largest collec- the order, but I think I can just make work to stem the proliferation and pre- tion of mathematicians in this world. a suggestion with the few Senators we vent the use of weapons of mass de- That may be known or not; I suspect it have here. I am sure more will come. struction, maintain a watchful eye on is. But these people do incredibly im- Senator BOND has a time conflict and global competitors and adversaries, be portant things. He has led them now, would like to be recognized for 10 min- alert to emerging threats, and provide having been reappointed three times. utes. Senator FEINSTEIN has been wait- guidance to policymakers on how best Together, Ambassador Negroponte and ing, as has Senator WYDEN. And then to positively influence global change. General Hayden make a powerful team. Senator COLLINS will come to the floor Most importantly, they must be able to I am very pleased to support them very quickly, one of the coauthors of provide policymakers with timely, ac- both. the Intelligence Reform Act. If we can curate, and authoritative intelligence I thank the Chair and yield the floor. have an understanding that that would to manage, instead of reacting to loom- Mr. ROBERTS. Will the vice chair- be the order, I think that would be ap- ing threats. In short, the Ambassador man yield? propriate. has his work cut out for him. Mr. ROCKEFELLER. Of course. Also, I ask unanimous consent that He will have to invigorate human in- Mr. ROBERTS. Mr. President, I the time consumed by any quorum telligence capabilities. Our spies and thank the Senator for a very com- calls be charged equally to both sides. agents must not only collect better in- prehensive statement. I thank him for The PRESIDING OFFICER. Without telligence, they must work to pene- what I think is a very accurate state- objection, it is so ordered. trate the governments of rogue states, ment, more especially with the history Mr. ROBERTS. Mr. President, I am terrorist and insurgent organizations, he has outlined of the intelligence more than happy to yield 10 minutes to and closed societies where some of the community; more especially with the a valued member of the committee, the most devious plots to attack America contributions of the men and women Senator from Missouri, Mr. BOND. and its people and interests, as well as within the intelligence community The PRESIDING OFFICER. The Sen- our allies, are hatched. We know we who have successes that obviously you ator from Missouri is recognized. have fallen short in our human intel- cannot talk about, but the obvious Mr. BOND. Mr. President, I thank ligence—or HUMINT—capabilities need for reform because of what we Chairman ROBERTS. As we all know, leading up to the conflicts in Afghani- have gone through; especially for the this February, President Bush nomi- stan and Iraq. We are going to have to Senator’s comment in relationship to nated Ambassador John Negroponte to correct that and we look for the DNI’s the new DNI in relation to the Depart- serve as the Nation’s first Director of leadership to do that.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4056 CONGRESSIONAL RECORD — SENATE April 21, 2005 As DNI, the Ambassador will have to interests. They willingly take great ship to the intelligence community as work diligently to ensure that signals risks and make great sacrifices daily. it finally adapts to post-Cold War reali- intelligence and other technical collec- Accordingly, it is the solemn obliga- ties. tion means are continuously updated, tion of the DNI to ensure their ranks Ambassador Negroponte has served expanded, and modified to not only continue to be filled with competent with distinction, both in Washington provide strategic intelligence but also visionaries, managers, and innovators and around the globe. He served as actionable information for our war who are willing to lead and care for United States Ambassador to four na- fighters—something in which I am per- them. tions and to the United Nations. As sonally most interested. Over the years, this body has seen Deputy National Security Adviser, Am- Our intelligence community is home and even drafted recommendations to bassador Negroponte was intimately to some of the world’s finest minds establish a DNI and/or a more account- involved in the formation and use of in- which have averted disaster and pro- able and powerful chief of our intel- telligence. He is well suited to over- vided the highest quality information ligence community. While the estab- seeing the collection of vital intel- to consumers from the President down lishment of a DNI is historic, it was ligence needed for the United States to to the privates on the front line. How- not established to the degree of budg- protect itself. Ambassador Negroponte ever, inferential analysis and ‘‘group etary and other powers that I, along comes to this new position without think’’ are practices against which the with several of my colleagues, would strong ties or bias to any specific intel- DNI must guard. The DNI must ensure have liked and thought would be very ligence agency. That is an enormous that rigorously competitive analysis necessary. So the Ambassador will face strength, and I believe he will be an models and improved analytics challenges as he asserts his authority honest broker and manager for the tradecraft be implemented. over the 15 intelligence agencies he community. He has pledged that he The problem of inaccurate informa- will supervise. I hope he will use the will be a neutral and apolitical pro- tion sharing amongst agencies has been implied powers of this position and the vider of intelligence to Government a recurring theme during the review of positive enforcement and support of policymakers. the Senate Select Committee on Intel- the President to make sure the work Although General Hayden’s nomina- ligence of our recent intelligence fail- that needs to be done is done and the tion is not before us at this time, I ures leading to 9/11 and U.S. assess- DNI will have the power that, unfortu- wish to say I hold him in the highest ments of Iraq WMD programs. We have nately, he was not given in the legisla- regard. He is a skilled manager and an seen, unfortunately, even since 9/11, far tion but we believe he must exercise. expert in the workings of our Nation’s too recent incidents where agencies Reflecting on the recommendations intelligence apparatus. General Hayden working on common problems did not of the 9/11 Commission, and the WMD led a remarkable turnaround of an share that information and those Commission, as well as many pre-9/11 enormously complex and technical sources. In this day, that is totally un- studies, and the work that has gone on agency, the National Security Agency. acceptable. The DNI will not only face in the Select Committee on Intel- He was first made Director of the NSA the challenge of ensuring that informa- ligence, I fully endorse and call on my under President Clinton and has had tion is passed up and down the chain of colleagues to support Ambassador his tour extended three times by Presi- command, but that colleagues working Negroponte as he establishes these dent Bush. That is a true testament to for different agencies within the intel- powers to make sure our homeland is his leadership. He has proven his abil- ligence community can and do regu- protected and our policymakers and ity to establish a skilled and dedicated larly share and exchange information warfighters on the ground are well in- workforce. In short, General Hayden is and ideas. formed. a strong choice to be the day-to-day The Senate Select Committee on In- Having met with Ambassador manager of the intelligence commu- telligence, under the wise, compas- Negroponte at length and being well nity. sionate guidance of Chairman ROBERTS, aware of his qualifications, I am con- Both men have the strength, the vi- has espoused the idea of not merely in- fident he will not only meet these high sion, and the determination that is formation sharing but of information standards but will set a fine precedent necessary to be successful in their new access. It is a difficult task. Sensitive for all succeeding DNIs to follow. positions. information must be protected from I ask my colleagues to act quickly to As my colleagues know, I introduced disclosure, and too often protecting it confirm Ambassador Negroponte to legislation to create a DNI in the 107th from disclosure means not sharing it lead our intelligence community so he Congress and again in the 108th Con- with people who are working on the may begin in earnest to make the dif- gress. So I was pleased to see that with same project. Nonetheless, the Ambas- ficult changes we believe are sorely the support of the 9/11 Commission and sador has assured me that an analyst needed. the chairs and ranking members of the with a need to know will have access to I thank the Chair, I thank the man- Intelligence and Governmental Affairs the information, regardless of who col- agers of this nomination, and I urge Committees, this position was finally lects it and who is working on it. prompt confirmation. established. In the end, no matter what means is The PRESIDING OFFICER. The Sen- As Director and Deputy Director of used to collect intelligence, it is the ator from California. National Intelligence, these appointees fine, brave, and dedicated men and Mrs. FEINSTEIN. Mr. President, as a face daunting challenges. The 15 intel- women of the intelligence community member of the Intelligence Committee, ligence agencies are a community in who will make it work on any given I wish to make a few comments both name only. The fiefdoms and turf bat- day on the ground. It will be not only about Ambassador John Negroponte tles—the stovepipes—between agencies a responsibility but a duty of the DNI and also LTG Michael Hayden. He is may have lessened since September 11, to ensure that these men and women soon to be General Hayden, I under- but they continue to hinder our intel- receive the proper education and train- stand. ligence operations. ing to discharge their duties. While Mr. ROCKEFELLER. Will the Sen- Our technical means for collecting substantive expertise and technical ator allow me to yield to her such time intelligence must be adapted to this prowess are essential, leadership and as she may desire? new nonstate terrorist world and its management training, along with Mrs. FEINSTEIN. I certainly will. I challenges. The acquisition and devel- mentorship programs are key elements thank the Senator from West Virginia. opment of new intelligence systems that will ensure that we attract, as I know General Hayden will be a need better management. well as retain, the talented, motivated, four-star general very shortly. I think The demands for better human intel- and dedicated personnel we need. that is very good news. So we will have ligence are well documented by re- The men and women of the intel- the first Director and Principal Deputy ports, including the Congressional ligence community are our first trip- Director of National Intelligence. Joint Inquiry, our Intelligence Com- wire to help stave off disaster. They I believe these are both excellent mittee’s Iraq study, the 9/11 Commis- can advise us on prudent courses of ac- nominees. They will provide strong sion, and the President’s own WMD tion to advance our national security new overall management and leader- Commission. Each of these reports

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4057 spells out, in stark terms, the organi- ing office. General Hayden, with his ex- scription was offered by former Sec- zational, the leadership, and the capa- perience in fighting these battles as Di- retary of State Powell at one of our bility challenges that await Director rector of NSA, will be a key adviser committee’s many hearings. He said Negroponte and General Hayden. and ally in fulfilling this charge. what the intelligence community real- The U.S. intelligence estimates of The men and women who work for ly needed was an empowered quarter- Iraq’s weapons of mass destruction the 15 intelligence agencies are skilled back. were, as the WMD Commission stated, and dedicated, but they need innova- The new law creates the Director of ‘‘dead wrong’’ before the war. There tive, new tools and ways of doing busi- National Intelligence as that empow- was a lack of solid intelligence, made ness to meet our future strategic intel- ered quarterback, with significant au- worse by fundamental and inexcusable ligence needs. I am confident that Di- thority to manage the intelligence lapses in tradecraft and judgment. The rector Negroponte and Deputy Director community and to transform it into, to systematic failings will take sustained Hayden will work to provide these use President Bush’s term, a single leadership and vigorous oversight to needs. unified enterprise. correct. I thank the President for forwarding I believe John Negroponte is the Our intelligence capabilities in other such skilled, nonpartisan nominees, right person, the right leader to be crucial areas—Iran and North Korea and I wholeheartedly support their that CEO, that empowered quarter- among them—are still inadequate and confirmation. back. unacceptable. As the war and postwar I yield the floor. Ambassador Negroponte is an accom- operations in Iraq show dramatically The PRESIDING OFFICER. The Sen- plished diplomat, which is a vital cre- and tragically, we cannot govern effec- ator from Kansas. dential in the international war tively and cannot make informed deci- Mr. ROBERTS. Mr. President, I am against terrorism. Having served very sions without timely and accurate in- delighted to yield 10 minutes to the recently as our Ambassador in Iraq, he telligence. We cannot afford to fail distinguished chairman of the Home- knows firsthand how important the in- again. The stakes are very large, in- land Security and Governmental Af- telligence provided is. He has been an deed. fairs Committee whose unflagging, intelligence consumer. Throughout his Thankfully, the recent Commission untiring, persevering efforts, along distinguished and varied career in serv- and Senate reports have also made im- with her coauthor, Senator LIEBERMAN, ice to our country, he has dem- portant recommendations. Both Am- led to passage of the Intelligence Re- onstrated strong, decisive leadership bassador Negroponte and General Hay- form Act that has returned us to this skills. These skills will be invaluable den have expressed willingness to make whole process where we have Ambas- in exercising the Director of National important changes. They will take sador Negroponte and General Hayden, Intelligence authorities and in car- steps to integrate and bolster intel- an outstanding team, not only to re- rying out the intelligence community ligence collection and to end ‘‘group form but to lead the intelligence com- transformation called for in our legis- think’’ and untested assumptions. munity. lation. They will use red teams and alter- I thank the Senator for her leader- The Ambassador’s extensive experi- native analysis when intelligence con- ship and her efforts. She persevered, ence in national security and foreign flicts. This was a substantial lacking and she was successful. relations is a solid foundation for the that led to the wrong judgments made The PRESIDING OFFICER. The Sen- weighty responsibilities he will have in in the Iraq National Intelligence Esti- ator from Maine. this critical position. As the first DNI, mate that so many of us relied upon to Ms. COLLINS. Mr. President, first, I Ambassador Negroponte will not only make our judgment on how to vote to thank the distinguished chairman of serve a critical role immediately, he authorize the President with use of the Senate Intelligence Committee and will also establish the relationships force in Iraq. his extraordinary ranking member for and set the precedent for future DNIs. The Director also has the authority all their work to improve the quality Thus, when I met with the Ambas- to put in place a management team of the intelligence upon which our pol- sador, I encouraged him to aggressively and implement changes, including new icymakers, our men and women who use the authorities we worked so hard mission managers and new centers, to are on the front lines, and all of us to secure in the intelligence reform focus attention on the most pressing rely. bill. One of those key authorities con- problems. Last July, the Senate leaders as- cerns the DNI’s responsibility for de- I believe strongly it is going to take signed the Homeland Security and Gov- termining the budget for the national a strong and authoritative Director of ernmental Affairs Committee the task intelligence program. He also will have National Intelligence to put our intel- of developing legislation to implement significant authority to execute that ligence community back on the right the recommendations of the 9/11 Com- budget and to transfer funds, if needed, track. Equally important, it will take mission. The committee I am privi- to meet emerging threats and the forthright and impeccably objective leged to chair devoted more than 5 greatest priorities. leaders to restore the credibility both months to this important and complex Today, at a hearing before the Armed to the American people and to the issue that is so crucial to the safety Services Committee on the nomination world that was destroyed by the assess- and well-being of the American people. of General Hayden to be the No. 2 per- ments of Iraqi weapons of mass de- We successfully accomplished our as- son to the DNI, I raised the issue with struction. signment with the enactment of the In- General Hayden about the need to ag- The legislation that created the DNI telligence Reform and Terrorism Pre- gressively exercise that budget author- last year, the Intelligence Reform and vention Act of 2004, which the Presi- ity. The law is very clear on this point, Terrorism Prevention Act, spells out dent signed into law in December. but already we have seen some signs the framework for a strong DNI, but it During the committee’s inquiry into from the Defense Department of a po- did not fill in the details. The authori- how to fix the flaws in our Nation’s in- tential challenge to the new DNI in ex- ties and responsibilities that should telligence capability that permitted so ercising that authority. have been made clear in law, I believe, many dots to go unconnected for so I think it should be very clear, will have to be instead established in long, one remedy emerged as being through the legislative history and in practice. I have discussed privately and among the very highest priorities. Our our conversations today, that the DNI through the confirmation hearing proc- intelligence community—15 disparate has a direct relationship to the heads ess with Ambassador Negroponte the agencies and entities, each with its of the National Security Agency and need for him to assert authority by own expertise and experience—clearly the other intelligence agencies that are taking bold action to lead and manage needed one leader. The role of this housed within the Pentagon but serve the intelligence community, and I will leader has often been described as that not only the Department of Defense support him in doing so. of a CEO in business, a person with the but all intelligence consumers. I was I have confidence the new Director ultimate authority over the operation pleased to hear General Hayden’s un- shares this vision and will take the and with the ultimate accountability derstanding of the extent of that au- necessary steps immediately after tak- for results. An even more succinct de- thority.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4058 CONGRESSIONAL RECORD — SENATE April 21, 2005 Ambassador Negroponte will be the front difficult facts, which I believe are been more outspoken about human first intelligence CEO to set the com- two key requirements for the Director rights practices. munity’s budget, to establish commu- of National Intelligence. Instead, the Ambassador tried to dis- nity-wide intelligence gathering and For example, I find it especially trou- miss the issue altogether by simply analytical priorities, and to employ fi- bling that the Ambassador’s perception saying the differences were not so nancial, technological, and human re- of the human rights situation in Hon- great, something I thought was pretty sources where and when they are most duras differs so dramatically from that hard to fathom, given the accounts I needed, or, as Secretary Powell might expressed by the Central Intelligence had provided to him. have put it, he will be calling the Agency, the InterAmerican Court, the The fact is, in trying to brush off this plays. This is an unprecedented chal- Honduras Human Rights Commission, issue of Honduras, the Ambassador ac- lenge and unprecedented authority, and others. The Central Intelligence tually showed less candor last week and I am convinced John Negroponte Agency released a report entitled ‘‘Se- than he has in the past. For instance, will meet this challenge in an exem- lected Issues Relating to CIA Activities at his 2003 hearing before the Foreign plary manner. I am convinced he un- in Honduras in the 1980s’’ which found: Relations Committee when he was being considered for Ambassador to the derstands the need to exercise that au- Honduran military committed hundreds of United Nations, Mr. Negroponte stated thority to the full extent of the law. human rights abuses since 1980, many of Ambassador Negroponte will provide which were politically motivated and offi- the following about Honduran human our intelligence community with ac- cially sanctioned. rights abuses: complished, experienced, dedicated, The CIA report linked the Honduran Maybe it was a mixed picture, Senator. I am more than willing to acknowledge that. and needed leadership. I whole- military personnel to death squad ac- At the same hearing he said: heartedly urge my colleagues to ap- tivities. prove this important nomination with- Mr. Negroponte, on the other hand, Could I have been more vocal? Well, you know, in retrospect, perhaps I could have out any delay. Again, I commend the said in a September 12, 1982, letter that been. chairman and the ranking member for was printed in the New York Times So you have to ask, as I have done, bringing this nominee so quickly to the Magazine that: Why would the Ambassador be less di- Senate floor. Honduras’s increasingly professional rect last week than he had been pre- The PRESIDING OFFICER (Mr. MAR- armed forces are dedicated to defending the viously? Certainly there was no na- TINEZ). The Senator from Oregon. sovereignty and territorial integrity of the tional security reason for him to duck Mr. WYDEN. Mr. President, it is not country, and they are publicly committed to questions about events that are dec- easy for a member of the Senate Select civilian constitutional rule. ades old. Perhaps the newspaper arti- Committee on Intelligence to oppose The InterAmerican Court for Human cles that morning made him fear Con- Ambassador Negroponte’s nomination Rights heard cases concerning human gress would get into issues he might on the floor of this Senate. I am well rights abuses in Honduras. In 1989, the find uncomfortable. That is certainly aware that many do not share the con- Court found: understandable, but it is absolutely un- cerns, and the views I will express this A practice of disappearances carried out or acceptable for a nominee tapped to afternoon have not been arrived at cas- tolerated by Honduran officials existed be- head our Nation’s intelligence commu- ually. tween 1981 and 1984; and nity at a time when directness and The Government of Honduras failed to The Ambassador is the consummate forthrightness is more important than diplomat, a dedicated public servant, a guarantee the human rights affected by that practice. ever before. Throughout his confirma- well-liked person who is popular with tion hearing, on issue after issue, the In an October 23, 1982, letter printed Members of the Senate of both polit- Ambassador ducked and avoided giving in the Economist, Ambassador ical parties. He has been confirmed by anything resembling a straightforward Negroponte wrote: the Senate for a variety of posts. I have answer. voted twice for those confirmations, Honduras’s increasingly professional I asked the Ambassador whether he but I am not convinced that Ambas- armed forces are fully supportive of this foresaw his office involving itself in de- sador Negroponte is the right man for country’s constitutional system. cisions relating to the implementation this job. I have reached this judgment The Honduran Human Rights Com- of the PATRIOT Act’s surveillance based on my strong belief that a pre- missioner released a report on forced powers, and in particular whether his requisite for this position should be a disappearances that occurred in Hon- office might weigh in on whether the willingness to be direct and forth- duras during Ambassador Negroponte’s Federal Bureau of Investigation should coming with policymakers even when tenure. The report states: seek a FISC warrant. the truth is difficult. Unfortunately, [t]here existed within the Armed Forces a His answer? directness was nowhere in sight in the deliberate policy of kidnapping and forcibly Senator, I am not entirely certain what Ambassador’s responses at his con- disappearing persons. my authorities would be under FISC. firmation hearing last week. Yet the introductory passage of the I asked the Ambassador whether he At that hearing, the Ambassador was 1983 State Department Country Report would be willing to take a fresh look at not even as direct and forthcoming in issued while Mr. Negroponte was Am- the United States rendition policy, pos- discussing controversial matters as he bassador stated: sibly the most controversial weapon has been in the past. For example, at The Honduran military, which ruled the being used in fighting terrorism today. the hearing I discussed with the Am- country for almost 20 years before 1982, sup- Rendition involves sending a suspected bassador his service in Honduras. I ports the present civilian government and is terrorist from one country to another made it clear at the outset that I un- publicly committed to national and local without court proceedings. Republican derstand it makes no sense to reliti- elections, which are scheduled in 1985, as and Democratic administrations have gate a war that took place in Central well as the observance of human rights. used renditions in the past, but their America more than 20 years ago. In The fact is, when you read what the use has increased significantly since 9/ spite of the lengthy news accounts Ambassador has said about Honduras, 11, and the policy has certainly printed that morning, the morning of and what the CIA and others have said changed. Previously, most suspects his confirmation hearing, providing about the same time period, it is as if were rendered to the United States. new information documenting the Am- John Negroponte was an ambassador to Now it works the opposite way. More bassador’s continued backing of the a different country. and more often the United States is Contras after the House had voted to Given these sharp differences, I asked rendering suspects to foreign countries. halt U.S. support, I chose not to focus the Ambassador last week to reconcile News reports indicate that suspects are on those issues. I raised the Honduras this very large gap between what he frequently being rendered to countries issue last week and return to it this saw and what others reported. I ex- known to torture suspected terrorists, afternoon because I believe the record pected an answer that would have at such as Syria, Egypt, Uzbekistan, and of the Ambassador’s service there is least acknowledged these very substan- Saudi Arabia. While the United States particularly telling in terms of his tial differences and indicated that in gets assurances from foreign govern- judgment and his willingness to con- hindsight the Ambassador would have ments they will not use torture, U.S.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4059 officials have little control over the Senator FEINSTEIN sought detailed possible. And I’ve seen that happen be- situation once a suspect is in the hands information on how, with regard to fore my own eyes.’’ of the foreign country. countries such as Iran and North Troubling as that answer was and the Rendition is the practice used to ad- Korea, the Ambassador intended to as- nonanswers that I received to the other dress a very difficult dilemma. Amer- sure the United States developed much important questions I asked with re- ica may lack the evidence to bring a needed credible intelligence. Ambas- spect to the PATRIOT Act and relating suspected terrorist into court; there is sador Negroponte responded: to rendition and other topics, as trou- some proof of wrongdoing, but not Well, Senator, the law prescribes a number bling as what I was told and wasn’t enough for a court of law. If the sus- of approaches to this. told, is it is not only what the Director pect is not an American citizen, it is Then I asked the Ambassador about of National Intelligence will know that possible to send them elsewhere to be the issue of overclassification of mate- is so important but what he is willing dealt with, but that can be a dicey rial in the area of national security. to say that is vital. prospect. Renditions get suspects off This is an issue that has concerned In spite of the Ambassador’s re- the streets, something which makes many in the Senate, of both political sponses to these questions, I have no Americans safer. But the tactic has parties. I have been interested in this question in my mind of Ambassador raised serious concerns for many of our matter for some time. Negroponte’s ability to master the citizens and for many people in other I was, frankly, flabbergasted when facts. What I am not confident of is his countries as well. I have heard those 9/11 Commissioner Tom Kean, who did steadfast commitment to speaking concerns, but I also recognize that ren- such a superb job in his work, with Lee those facts to ears that do not want to ditions can serve a legitimate and val- Hamilton, former Member of the other hear them. And history tells us the uable purpose. It is a question of how body—Tom Kean said 75 percent of ev- consequences of an inability or an un- this policy is carried out. Our country erything he saw when he chaired the willingness to speak truth to power can needs to have a frank and candid and 9/11 Commission that was classified be disastrous. This country saw what happened in direct discussion about this policy of should not have been classified. This is the Bay of Pigs, an unsuccessful at- rendition. But, before that can happen, what Tom Kean said in the extraor- tempt by United States-backed Cuban there needs to be some answers to some dinarily important inquiry he con- exiles to overthrow the Government of tough questions: ducted. Have any suspects been rendered The Central Intelligence Agency ini- the Cuban dictator Fidel Castro. It is a based on faulty intelligence and, if so, tially blacked out over 50 percent of classic example of what can happen what amount of intelligence should be the Senate Select Committee on Intel- when America’s intelligence commu- nity is unwilling or unable to be can- necessary before a rendition takes ligence Report on Iraq’s WMD pro- did. In his review of the Bay of Pigs in- place? grams and links to terrorist groups. Are there certain countries to which I will tell colleagues I thought Chair- vasion release to the public in 1998, CIA the United States should not render Inspector General Lyman Kirkpatrick man ROBERTS and Senator ROCKE- suspects? identified numerous failures. These in- FELLER did a superb job in guiding our Are the assurances the United States committee to a unanimous judgment clude: gets in the rendition area sufficient with respect to Iraq and that impor- [The f]ailure to subject the president, espe- with regard to the use of torture? cially in its latter frenzied stages, to a cold Does the United States need to retain tant report. But if the CIA had had its and objective appraisal by the best operating more control of suspects it renders, es- way, page after page after page would talent available, particularly by those not pecially to countries that have weak have been blacked out. involved in the operation, such as the Chief human rights records? The National Archives Information of Operations and the chiefs of the Senior Security Office reported 14.2 million Staffs; How good is the intelligence the [The f]ailure to advise the president, at an United States is getting from rendered classification actions in 2003, twice the number recorded 10 years earlier. The appropriate time, that success has become suspects? dubious and to recommend the operation be, What is the effect of a rendition pol- agencies are becoming more creative in therefore, canceled and that the problem of icy on America’s diplomatic relations terms of how they overclassify. In addi- unseating Castro be restudied; with other countries? tion to the traditional ‘‘limited official The failure to maintain the covert nature These are some of the important use,’’ ‘‘secret’’ and ‘‘top secret,’’ some of the project—‘‘[f]or more than three questions that need to be answered. So agencies now have ‘‘sensitive security months before the invasion the American in an effort to examine Ambassador information,’’ ‘‘sensitive Homeland Se- press was reporting, often with some accu- curity information,’’ ‘‘sensitive but un- racy, on the recruiting and training of Cu- Negroponte’s openness and to try to de- bans. Such massive preparations could only termine his judgment in a difficult classified’’ and ‘‘for official use only’’ be laid to the U.S. The agency’s name was area such as this, I asked the Ambas- classifications, as well. freely linked with these activities. Plausible sador whether he would be willing to Secrecy has become so pervasive it denial was a pathetic illusion.’’ take a fresh look at our rendition pol- makes you wonder whether facts are This is what the inspector general icy; not a point-by-point description of being classified for legitimate reasons said. This is not what a partisan said. what he would do, but simply would he or to protect the individuals and agen- Yet the CIA unrealistically plowed be willing to take a fresh look, a new cies involved. ahead, unwilling or unable to face the inspection of this country’s approach As I mentioned, this has been a bi- reality of the situation that the oper- in rendition. partisan concern. I am particularly ation was doomed to fail, and as a re- The Los Angeles Times summed up grateful for the work Senator LOTT has sult the CIA was humiliated, many the Ambassador’s response to my ques- been willing to do with me. We took died, our prestige was damaged. tion about rendition with four words. some modest steps in the intelligence Throughout the entire time our They said: ‘‘Negroponte avoided the reform bill to open this process and try country was in Vietnam the intel- question.’’ to bring some balance back into the ligence community also failed to be The Ambassador, I would point out, area of classification. But given this forthright and was plagued by over- ducked other important questions history, given the huge explosion in optimism. One example was particu- asked by members of the Senate Select terms of overclassification of Govern- larly worth noting. Committee on Intelligence. For exam- ment documents, I was interested in In 1963, the Board of National Esti- ple, our colleague from Michigan, Sen- what the Ambassador had to say with mate’s draft Nation Intelligence Esti- ator LEVIN, asked the Ambassador to respect to this. mate concluded that ‘‘The struggle in explain what action he would take if When I first asked, he said: South Vietnam at best will be pro- the Ambassador concluded policy- Senator, I don’t know about classification tracted and costly [because] very great makers were making public statements or overclassification. weaknesses remain and will be difficult that differed from the classified intel- But then he went on to make the to surmount.’’ ligence. There was no direct answer to mind-boggling claim that ‘‘Certainly Unhappy with the pessimistic conclu- that important question asked by Sen- the trend in my lifetime has been to re- sion, the Director of Central Intel- ator LEVIN. duce levels of classification wherever ligence John McCone rejected the draft

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4060 CONGRESSIONAL RECORD — SENATE April 21, 2005 and instructed the board to seek the The United States needs a Director of dle that issue. I think there was a views of senior policymakers in revis- National Intelligence who will break sense it is possible to fight terrorism ing the Nation’s Intelligence Estimate. down existing walls inhibiting analysts ferociously while still protecting civil So the final version of the 1963 stat- throughout the intelligence commu- liberties. General Hayden, in contrast ed: nity and, when appropriate, officials to what we heard at the earlier con- We believe that Communist progress has and citizens outside that realm from firmation hearing, was refreshingly di- been blunted and that the situation is im- getting access to the information they rect in his responses, where he talked proving . . . need to keep Americans safe. The about pushing right up to the line—I As those who put together the Pen- United States needs a Director of Na- believe those were his exact words—but tagon papers later observed: tional Intelligence willing to, when being sensitive to civil liberties. The intelligence and reporting problems necessary, go head to head with the So I am pleased to be able to say, on occurring during this period cannot be ex- agencies under his control, especially the floor of the Senate, I am looking plained away . . . In retrospect [the esti- the Department of Defense. If the Di- mators] were not only wrong, but more im- forward to the support General Hayden portantly, they were influential. As a result, rector lets them push him around, he is will be receiving from the Senate a generation paid the price for the unwilling- doomed. shortly. I expect Ambassador ness or the inability of the intelligence com- The United States needs a Director of Negroponte and General Hayden to be munity’s inability to be forthright. National Intelligence to take control approved. My door will be open to both Now our country deals with those over the intelligence budget. Before of them. As a member of the Intel- consequences. Congress created the position, the in- ligence Committee, it is my hope that Many in the Senate will remember telligence community lacked a leader both of these individuals will not hesi- George Tenet told the President of the willing to make tough budget priority tate to ask me and ask colleagues for United States that the weapons of and tradeoff decisions. Each agency help. The safety of our country depends mass destruction case against Iraq was asked for funds. It was, in effect, a on the performance of these two indi- a ‘‘slam dunk.’’ Now America knows matter of passing the request along. viduals in this key post. what George Tenet knew and what he This has to stop. There are not limit- Mr. President, with that, I yield the was unwilling or unable to tell the less resources. A strategic view, not a floor. parochial lens, ought to be guiding President of the United States, that it The PRESIDING OFFICER. The Sen- budget decisions. wasn’t a slam dunk at all. ator from West Virginia. The Niger yellowcake, the high- The United States needs a Director of strength aluminum, the mobile weap- National Intelligence to shape the in- Mr. ROCKEFELLER. Mr. President, ons lab, the aerial vehicles, the intel- telligence agencies he oversees into a how much time remains on this side of ligence provided by Curveball and the true community because, at this point, the aisle? Iraqi National Congress witnesses, all the phrase ‘‘intelligence community’’ The PRESIDING OFFICER. The Sen- of this intelligence was questionable is pretty much a misnomer. While co- ator from West Virginia has 32 min- and was being questioned by at least ordination and cooperation have im- utes. some members of the intelligence com- proved, the individual intelligence Mr. ROCKEFELLER. Mr. President, I munity. agencies persist in maintaining their yield myself such time as I may con- However, George Tenet was not di- own culture and collection practices. sume, which will be less than that. rect. He was not forthcoming. He told As the military services have learned Mr. President, I am going to use this the President of the United States to fight jointly, our intelligence collec- opportunity to speak on an unrelated what the President wanted to hear. tion agencies need to learn how to act issue, not entirely but somewhat, but Whether he was unwilling or unable to together to gather critical information one that is of critical importance to be straight with the President, I can- our policymakers and warfighters need the intelligence community and the not possibly determine. What I do to protect our country. American people. know is that as a member of the Select The United States needs a Director of Last week, I filed an amendment to Committee on Intelligence I want to do National Intelligence who recognizes the emergency supplemental appro- everything I can. I know every Member he cannot do this alone. This position priations bill. Unfortunately, I was not of the Senate wants to make sure these is new and its authority, while sub- able to bring the amendment before the mistakes are not repeated. The stakes stantial, is unclear. His fights with the Senate because it was not germane are simply too high. administration over matters of signifi- under postcloture rules. This amend- The Intelligence Reorganization Act cant national policy need not, and ment is important enough, however, gave the Director of National Intel- should not, always be kept quiet. If the that I will take just a few minutes to ligence a whole lot of responsibility Director of National Intelligence is to explain it. but very little enforcement power. As succeed, he will need to look to allies My amendment was, and is, simple the Director works to make 15 intel- in the executive branch and here in the and straightforward. It expresses the ligence agencies pull together, his Congress to help. sense of the Senate. It is not directive. credibility will be his currency. Crit- While Ambassador Negroponte is It expresses the sense of the Senate ical to his success will be the under- surely a skilled diplomat and has many that the Senate Select Committee on standing of all concerned that this per- allies in the Senate, Senators of both Intelligence should conduct an inves- son is going to be direct, that the per- parties I admire greatly, I am not con- tigation into matters related to the son will be forthcoming, that the per- fident the administration’s nominee collection of intelligence through the son will make sure that no matter who will meet these expectations. detention, interrogation, and rendition the truth hurts, no matter what policy- For that reason, I will be voting no of prisoners. That is its purpose. makers think, they are going to get on the nomination of Ambassador John the facts. Negroponte to be Director of National The amendment, as I indicated, does Here is what I think the country Intelligence. not direct the committee to undertake needs. The United States needs a Direc- Mr. President, I want to wrap up with this much needed and long overdue tor of National Intelligence who is one additional point. I am pleased to be congressional review. Rather, it is a going to speak truth to power, some- in strong support of General Hayden, statement by the Senate that the com- body who has, in Hamilton’s words, the who will, when the nominee is con- mittee should carry out its oversight ‘‘gumption’’ to tell the President and firmed, be the deputy. I thought Gen- duties and carefully, thoroughly, and other senior policymakers what they eral Hayden’s directness and openness constructively evaluate the interroga- don’t want to hear. at his confirmation hearing was par- tion practices of the U.S. Intelligence The United States needs a Director of ticularly welcome. Community. National Intelligence who has the For example, I asked him, on the A year has passed since the appear- knowledge and the experience to step matter of privacy rights, which is pret- ance of photographs graphically por- in and begin fixing the problems facing ty important, given his past back- traying the abuse of Iraqi prisoners at the intelligence sector immediately. ground at the NSA, how he would han- Abu Ghraib prison. Since then, we have

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4061 seen a steady stream of accusations re- Effective congressional oversight is is now absent. There are many legal lating to the way U.S. military and in- not achieved passively waiting for and and operational questions that we telligence agencies treat individuals in accepting the parameters of internal should be investigating to ensure that their custody. Allegations of mistreat- executive branch reviews. We are sepa- this vitally important intelligence col- ment have surfaced wherever the rate in our responsibilities, executive lection program is not continually United States holds prisoners over- and legislative. While it is true that hampered by vague and confusing legal seas—across Iraq, in Afghanistan, and the CIA inspector general is inves- and operational directives. at Guantanamo Bay. tigating specific allegations of abuse For example, on March 18, 2005, the Troubling new revelations have be- involving intelligence personnel, those Central Intelligence Agency issued a come almost a daily occurrence—lit- specific cases represent a small portion statement that: erally a daily occurrence—with a dis- of what the Intelligence Committee CIA policies on interrogation have always turbing number of these incidents re- should be examining. Many funda- followed legal guidance from the Department sulting in prisoner deaths. mental legal and operational issues are of Justice. At least 26 prisoners have died in outside the inspector general’s very That may be so, but was that legal American custody. The disturbing limited focus and deserve the Intel- guidance supportable? A lengthy legal charge has been leveled against the ligence Committee’s immediate atten- opinion of the Department of Justice United States that we are exporting tion. on interrogation practices, which had torture through rendition practices We have a duty to not simply mon- been issued in secret in August 2002, that lack accountability. itor but to actively inquire about the was quickly repudiated by the White Who can honestly say these events conduct of congressionally funded ac- House when it became public in June of and allegations are not serious enough tivities—that is our job—especially ac- 2004 and was superseded by a public to warrant an Intelligence Committee tivities such as prisoner interrogation Justice Department legal opinion in investigation? that can have life or death implica- December of 2004. As that episode indi- The collection of intelligence tions. Down the road, if we don’t set cates, secret law is an invitation to through interrogation and rendition is these rules straight, that can come great error. an extremely important part of our back to haunt our soldiers and their The Intelligence Committee, which counterterrorism effort and one of our safety. includes members of the Senate Judici- most important intelligence tools. Up to this point, the Intelligence ary Committee, must conduct a com- But this tool, as with all others, plete examination of the legal guidance must be applied within the bounds of Committee oversight that I am speak- that CIA and Defense Department in- our laws and our own moral frame- ing of has been, in the judgment of this work. It must be subject to the same Senator, abdicated to the press over terrogators have been given. What sup- scrutiny and congressional oversight as the past year. Here is a sampling, porting roles do the CIA and FBI play every other aspect of intelligence col- which I will go through quickly, of in the interrogation of suspects at lection. This, unfortunately, has not headlines from articles that have been military-run institutions? And how are been the case. published in recent weeks: ‘‘Interro- their activities coordinated, if they Despite the critical importance of in- gator Says U.S. Approved Handling of are? terrogation-derived intelligence and Detainee Who Died’’; ‘‘White House Has It has been publicly reported that the the growing controversy surrounding Tightly Restricted Oversight of CIA CIA requested that a number of pris- detention, interrogation, and rendition Detentions’’; ‘‘FBI Report Questions oners held in Iraq not be registered and practices and policies, the Congress has Guantanamo Tactics’’; ‘‘Questions Are be kept from international inspection— largely ignored the issue, holding few Left by C.I.A. Chief on the Use of Tor- so-called ghost detainees—and that hearings that have provided only lim- ture’’; ‘‘CIA’s Assurances on Trans- FBI officials lodged strenuous com- ited insight. ferred Subjects Doubted—Prisoners plaints about the mistreatment of pris- More disturbingly, in this Senator’s Say Countries Break No-Torture oners held at Guantanamo Bay. I can- judgment, the Senate Intelligence Pledges’’; ‘‘Europeans Investigate CIA not emphasize how strongly those FBI Committee—the committee charged Role in Abductions’’; ‘‘Army Details objections were. These reports and oth- with overseeing intelligence programs, Scale of Abuse of Prisoners in an Af- ers strongly suggest that different and the only committee with the juris- ghan Jail’’; ‘‘Prisoners at Abu Ghraib agencies are operating by different sets diction to investigate all aspects of Said to Include Children’’; ‘‘Army, CIA of interrogation and detention rules, this issue—is, in this Senator’s judg- Agreed on ‘Ghost’ Prisoners’’; ‘‘Lack of which is a recipe for disaster. ment, sitting on the sidelines and ef- Oversight Led to the Abuse of Detain- The Congress should evaluate the fectively abdicating its oversight re- ees, Investigator Says’’; ‘‘Ex-CIA Law- general policy guidelines for which it is sponsibility to media investigative re- yer Calls for Law on Rendition’’; ‘‘CIA appropriate to render a detainee to an- porters who go at it very aggressively Avoids Scrutiny of Detainee Treat- other country, and what intelligence is and on a daily basis. ment’’; ‘‘Files Show New Abuse Cases gained from such practice. As the Intelligence Committee’s vice in Afghan and Iraqi Prisons’’; ‘‘CIA Is More specifically, we must examine chairman, I have been pushing, for the Seeking New Role on Detainees’’; ‘‘FBI the validity of assurances that the past 3 months, for an investigation Agents Allege Abuse of Detainees at United States is given when detainees into the legal and operational ques- Guantanamo Bay’’; ‘‘CIA Was Wary of are rendered to other countries that tions at the heart of the detention and U.S. Interrogation Methods in Iraq.’’ they will not be tortured. The Congress interrogation controversy. I think the Presiding Officer gets the should undertake, with the intelligence My requests, and those of other com- drift. community, case studies of interroga- mittee members, have been rebuffed, I ask my colleagues to consider the tions, including the methods used and, based upon the argument that we have finding made by General Fay in his re- importantly, the reliability of the in- been fully informed on the particulars cent report on the abuses at Abu formation obtained. As with other in- of our detention and interrogation pro- Ghraib. General Fay found that CIA telligence tools, we should consider on gram, and the Intelligence Committee practices ‘‘led to a loss of account- the basis of facts, rather than surmise, need only monitor these operations. ability, abuse . . . and the unhealthy what works, what does not work, to ob- The point has also been made that mystique that further poisoned the at- tain reliable information that actually the Intelligence Committee should not mosphere at Abu Ghraib.’’ contributes to our national security. undertake an investigation into these General Fay was unable to fully in- The Congress should examine plans for issues because the CIA Inspector Gen- vestigate the CIA’s role at Abu Ghraib the long-term detention or prosecution eral is conducting his own investiga- and other prisons. The Senate Intel- of persons detained or rendered for in- tion. I reject this notion that the Sen- ligence Committee, however, is not un- terrogation purposes. ate should cede to the executive branch able to do that. That is our job. Should the United States, for exam- its oversight responsibilities. Carrying These and other reports highlight the ple, hold detainees without trial for out oversight is why the Senate Intel- need for the sort of strong congres- years or decades to come? Is it accept- ligence Committee exists. sional oversight that in my judgment able to do that for the reason that the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4062 CONGRESSIONAL RECORD — SENATE April 21, 2005 detainees’ acknowledgment of their ac- [From the St. Petersburg Times, Feb. 17, Committee, ‘‘I am simply appalled by con- tions came during interrogations that 2005] tinued revelations in the media regarding would neither meet the standards of a INVESTIGATE THE CIA the torture of detainees in American cus- tody, whether by CIA officials, military per- U.S. court or U.S. military commis- The extensive use of ‘‘extraordinary ren- sonnel, or after being transferred to foreign dition,’’ by which the CIA moves terrorist sion? governments. suspects to undisclosed prisons around the The reality may be that if Congress ‘‘The extensive reports of physical and world for interrogation, has to be the agen- continues to default in its oversight mental abuse at American detention facili- cy’s worst kept secret. News reports abound and legislative responsibilities, that ties around the world, the evidence of detain- of potentially dozens of al-Qaida suspects ees being turned over to other countries to the courts, in fact, themselves will end held overseas by the CIA, incommunicado be interrogated and tortured, and continued up filling that vacuum. The threat of and without charge or turned over to the se- efforts by the Bush administration to re- terrorism is going to be with us for curity services of other nations known for strict legal and constitutional protections many years, if not decades. The intel- their abusive treatment of prisoners, such as from detainees form a compelling case that ligence we gain through interrogations Egypt and Syria. these are not isolated incidents but adminis- will be crucial in protecting Americans Congress has been inexcusably reluctant to investigate these actions. The Republican tration policy.’’ themselves against future attacks. If Moreover, Blumenauer wrote, ‘‘I am addi- we are to optimize those counterterror- leadership apparently has been happy to let the CIA dirty its hands with extralegal strat- tionally troubled by the use of a Gulfstream ism efforts, we need to have a plan, not egies in the nation’s efforts to fight ter- V jet registered to a shadowy—and possibly an ad hoc policy, for how to deal with rorism. But thanks to some pushing by Sen. illegal—dummy front company, Bayard For- people in our custody. John D. Rockefeller IV, D-W.Va., the rank- eign Marketing LLC, in my hometown of America is not a nation that uses or ing Democrat on the Senate Intelligence Portland, Oregon. Press reports have found condones torture. We are party to Committee, Congress may begin to open its no public record of the company’s alleged eyes. Rockefeller has asked the committee owner, nor have calls to their office been international agreements that prohibit successful at locating him. The evidence cer- these acts, and we demand humane to open a formal investigation into the CIA’s use of detention, interrogation and ren- tainly points to a violation of Oregon law in treatment for our citizens when they order to hide the true nature and breadth of are arrested abroad and for our soldiers dition. Rockefeller told the New York Times that he felt the committee would be ‘‘dere- this extraordinary rendition program.’’ when they are captured on the battle- lict if we did not carry out our oversight re- Picky, picky, picky. field. We must uphold the same high sponsibilities.’’ Here we have a Portland company involved standards for individuals in our cus- Until now, Congress has done little more in what is clearly a growth industry—the tody or we will rightly be branded as than shrug as more evidence has emerged of United States shipping prisoners secretly hypocrites, and we will put our soldiers U.S. intelligence services engaging in brutal around the world to be tortured by countries that lack the U.S. Constitution or scruples— and our citizens in danger. I cannot interrogations. During the Senate confirma- tion proceedings of Attorney General and people insist on looking at it as a human emphasize that enough. rights violation instead of an economic de- Next year will mark the 30th anni- Alberto Gonzales, it became clear that the CIA had solicited the Justice Department velopment opportunity. versary of the Senate Intelligence memorandum giving legal cover to those In November, the Sunday Times of London Committee. The committee was cre- who use aggressive techniques against pris- reported a flight log for the Gulfstream ated in the crucible of an extensive bi- oners. The CIA wanted to protect its agents showing more than 300 flights to countries partisan investigation in 1975, led by from criminal liability. And the administra- such as Libya and Uzbekistan—countries Senators Frank Church and John tion’s view remains that the CIA is not that not only offer an expansive view of in- Tower, into allegations of abuse by bound by the president’s 2002 directive that terrogation, but are normally difficult to get prisoners in American custody be treated hu- to from Portland. It’s not clear if passage on U.S. intelligence agencies. One conclu- the plane is ever round-trip. sion, as described by Howard Baker— manely. Late last year, when some in Con- gress sought to impose new limits on abusive At the time, the plane was owned by Pre- somebody I admire enormously—was interrogation tactics by the CIA, the White mier Executive Transport Services of that the congressional oversight sys- House intervened and the those limits were Dedham, Mass., which the Boston Globe tem had provided ‘‘infrequent and inef- dropped. found had the same non-existent corporate fectual review’’ and that ‘‘many of the Congress has willingly collaborated in this structure as Bayard Foreign Marketing. abuses revealed might have been pre- charade that America is maintaining its ‘‘Sightings of the plane,’’ said the Globe, vented had Congress been doing its moral authority in the world even as it ‘‘. . . have been published in newspapers across the globe and on the Internet.’’ job.’’ adopts the tactics of human rights abusers. But as former Secretary of State Colin Pow- Tonight, ‘‘60 Minutes’’ profiles another Accordingly, the resolution estab- plane in the same business, a Boeing 737 that lishing the Intelligence Committee ell and retired military leaders have repeat- edly warned, when America approves of the has made 600 flights since 9/11, including 10 charged it to ‘‘provide vigilant legisla- use of torture it puts its own soldiers in dan- to Uzbekistan—where the British ambas- tive oversight over the intelligence ac- ger of facing the same brutality. sador at one point complained to his superi- tivities of the United States to assure Rockefeller’s call for an investigation ors and to U.S. authorities about how the that such activities are in conformity seems to have some momentum. Sen. Pat prisoners were being tortured, techniques in- with the Constitution and the laws of Roberts, R-Kan., the Intelligence Commit- volving rape, suffocation and immersing the United States.’’ tee’s chairman, is open to the suggestion. limbs in boiling liquid. This is Congress’ duty. The committee As one of the CIA agents who set up the It is time for the Senate Intelligence program explains to the show’s reporter, Committee to carry out the vigilant should demand a full accounting of every de- tainee under the direct or indirect control of ‘‘It’s finding someone else to do your dirty legislative oversight that is our duty the CIA, and it should demand to know pre- work.’’ and which a number are calling for us cisely what techniques have been used to Except that nobody around the world to do. We should launch a comprehen- elicit information. This has been allowed to seems to be fooled. When Blumenauer went sive and constructive investigation go on far too long. to East Asia to inspect tsunami damage, peo- into the detention, interrogation, and ple everywhere—China, Thailand, Indo- rendition practices of the intelligence [From the Sunday Oregonian, Mar. 6, 2005] nesia—wanted to talk about what happened to those in U.S. custody. ‘‘It just happened community because it is long overdue. THE TORTURE BUSINESS LANDS IN PORTLAND repeatedly,’’ he said Friday. Mr. President, I ask unanimous con- (By David Sarasohn) Last week, when the State Department sent to have printed in the CONGRES- It could make you wonder if congressmen issued its annual report on human rights, SIONAL RECORD several editorials that are interested in economic development. countries from China to Turkey responded have appeared around the country call- Rep Earl Blumenauer, D-Ore., is actually that the United States had no standing to ing for congressional action. They in- asking Congress to investigate a hometown comment on the issue. Noting the irony of clude editorials from many newspapers, company. Moreover, the company is in a the United States condemning countries including the Washington Times and booming business, which will be profiled on where it was shipping its prisoners, William newspapers from Tennessee, Oregon, ‘‘60 Minutes’’ tonight. F. Schulz of Amnesty International sug- In fact, this worldwide business is so big, gested, ‘‘The State Department’s carefully Florida, Maryland, New York, and Cali- nobody even knows how big it is—or how big compiled record of countries’ abuses may fornia. it could get. perversely have been transformed into a Yel- There being no objection, the mate- You’d think we’d want a piece of it. low Pages for the outsourcing of torture.’’ rial was ordered to be printed in the But at the end of February, Blumenauer Congress, thinks Blumenauer, might at RECORD, as follows: wrote leaders of the International Relations least want to ask some questions.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4063 ‘‘There is so much of what is happening by terrorist organizations who hope to use [From the Baltimore Sun, Jan. 31, 2005] that is not accountable,’’ he says. ‘‘To sug- their hostages to bargain for their comrades’ AMERICAN SCAR; PERMITTING TORTURE gest that there are thousands of people release. BRANDS USINTHEWORST WAY caught up with this is no exaggeration.’’ Finaily, and hardly least, there is the dam- (By George Hunsinger) And Blumenauer is now even more inter- age to America’s image and values. At the When the Senate confirms Alberto R. ested, since he’s found the program is almost least, Congress should demand some system Gonzales as U.S. attorney general, the vote a constituent. of accountability to prevent abuses. More will be the beginning, not the end, of public Torture, it seems, now has a Portland ad- than that, it should investigate the claims debate about our government’s policy on tor- dress. that these operations have indeed provided ture. life-saving intelligence, or if they have mere- The Abu Ghraib scandal is only the most [From the Times Union, Mar. 10, 2005] ly tarnished the image of a nation com- visible sign that this policy is inconsistent. mitted to the rule of law. TORTURE ON THE WING Officially, our government opposes torture Most Americans would cringe at any sug- and advocates a universal standard for gestion that there are parallels between the [From the Fresno Bee, Mar. 14, 2005] human rights. Yet, at the same time, it has human rights abuses in Argentina during the GLASS HOUSES HUMAN RIGHTS REPORT HAS allowed ingenious new interrogation meth- 1970s, and Central Intelligence Agency inter- ONE GLARING OMISSION—THE UNITED STATES ods to be developed that clearly violate these rogations of suspected terrorists today. But As required by Congress, the State Depart- standards. They include stress positions, the similarities are there, and that should ment has issued its annual report on human sleep deprivation, sexual humiliation and shame the Bush administration and Con- rights progress, or the lack of it, in countries desecration of religious objects. These prac- gress. An investigation is more than war- around the world. tices, which should never be used, are no less ranted. Among those faulted are a number of U.S. traumatic than the infliction of excruciating During the years when a military junta allies, including the provisional government pain. ruled Argentina, suspected political oppo- in Iraq that is partly a U.S. creature. As al- For religious people, torture is especially nents ‘‘disappeared.’’ They were imprisoned ways, only one country was missing: the deplorable because it sins against God and by government forces and tortured. Many United States. against humanity created in God’s image. It were murdered, but some were returned to That’s not entirely self-serving. This coun- degrades everyone involved—planners, per- the streets to tell their stories. try doesn’t rate itself because, as a State De- petrators and victims. No one has suggested that the CIA interro- partment official put it, ‘‘it wouldn’t have More than 225 Christian, Jewish, Muslim gators have systematically murdered cap- any credibility.’’ Besides, he said, there’s no and Sikh religious leaders signed an open tives, to be sure. Nor is there any way to shortage of critics, including U.S.-based letter to Mr. Gonzales. They objected to his know if American citizens have been seized. human rights groups. role in developing a narrow definition of tor- But the very secrecy of these operations, and ture and to his equally troubling assertion But this year’s report comes at an espe- the lack of accountability, raise the possi- that some people are not subject to the pro- cially awkward time. There is continuing bility that such abuses can occur. tections of international law. They reg- evidence of abuses in U.S.-run prisons in Af- What is known is distressing enough. Re- istered deep concern about our government’s ghanistan, Iraq and at Guantanamo Bay, cent news accounts have detailed how CIA moral foundations, urging support—in prac- Cuba—the same kind of abuses for which agents or mercenaries—it’s hard to tell be- tice, not just in words—for fundamental State’s report rightfully faults other govern- cause the captors are masked—have been ab- human rights. ments. But there has not been the full, im- ducting suspected terrorists, putting them Four steps must now be taken to clarify partial probe that’s needed to give a fuller aboard planes and flying them to countries that our government has truly abolished tor- picture of what happened and who, at what- like Syria, Saudi Arabia, Egypt and Afghani- ture. ever level, is responsible. stan, where they are interrogated and tor- First, Congress must remove the false par- tured. As long as the United States fails to fully tition placed between the military and intel- The abductions aren’t a new development, investigate, report and correct its own ligence services governing extreme interro- either. Indeed, former President Clinton lapses, it allows abusive regimes abroad to gation techniques tantamount to torture. once advocated kidnapping Osama bin Laden deflect criticism by asking: Who is the The Senate was right to pass, nearly unani- and turning him over to Saudi Arabia, where United States to judge? mously, new restrictions for the Pentagon, he would face ‘‘streamlined’’ justice. But ac- Indeed, Russia and China did just that fol- CIA and other intelligence services. But con- cording to a New York Times article printed lowing publication of the State Department gressional leaders in both houses later buck- in this newspaper Sunday, the abductions report. led under White House pressure and scrapped have been stepped up markedly in response It’s a fair question, and part of the re- the language governing intelligence services. to the terrorist attacks of Sept. 11, 2001. sponse should be a thorough attempt to go Whether the military or intelligence serv- There is no requirement that the CIA get beyond the focus on abuses by low-level mili- ices are conducting practices tantamount to prior approval from the Justice Department tary and intelligence personnel. Too much is torture is of absolutely no significance. Try- or the White House to seize a suspect. And by already known to accept the facile expla- ing to differentiate between the two perhaps sending captives to foreign countries, there nation that the accumulating scandal re- eases the conscience of decision-makers, but is no obligation to afford the captives any flects only isolated ‘‘rogue’’ behavior. it is a distinction without a difference. It rights under American law, including the And while there have been several inves- fails to insulate us from the absolute evil prohibition against torture. tigations, and more continue, all have been that is torture. Defenders of these operations claim that conducted by or for the Pentagon, which is Second, Congress must outlaw ‘‘extraor- they are justified because they have pro- unlikely to point the finger of blame upward. dinary rendition,’’ a euphemism for torture duced information that has saved American Whatever the full truth may be about where by proxy. It means that detainees are se- lives by thwarting possible terrorist attacks. ultimate culpability lies, an air of cover-up cretly transferred to countries where torture Others argue that in a time of war, extreme hovers over the process. is practiced as a means of interrogation. Al- measures are often necessary. Given the ur- On Capitol Hill, Sen. Pat Roberts, the Re- though made public only through shocking gency of breaking up terrorist plots, they publican chairman of the Senate Intelligence cases, such as those of Maher Arar, who was argue, there is little time to observe a long Committee, has rejected a proposal by the deported to Syria by the United States, and legal process. Moreover, the suspects are Democratic vice chairman, Sen. Jay Rocke- Mamdouh Habib, an Australian citizen who most likely foreigners or illegal immigrants, feller, to launch a broad probe into the role was sent to Egypt before being held at Guan- not citizens who are being deprived of their of U.S. intelligence agencies in the deten- tanamo, it has become a mainstay counter- right to due process. tion, interrogation and ‘‘rendition’’—trans- terrorism tool. The consequences of such abductions can’t ferring to the custody of foreign govern- Does it really need to be said that ‘‘dis- be so easily dismissed, however. Without a ments—of terror suspects. This standoff sug- appearing’’ people without any kind of due system of checks and balances, there is no gests a partisan approach to a vital national process is contrary to everything America way to know whether there was good reason security matter. stands for, not to mention our laws and trea- to detain someone. That point was driven What’s at stake in the investigation of ties? The reasons for a detainee’s arrest and home during an interview with one detainee, prisoner abuses is the credibility of this his guilt or innocence are irrelevant. No who told the television news program ‘‘60 country, which is likelier to be restored sound moral argument can be made that ena- Minutes’’ last Sunday of being abducted through an independent, nonpartisan inves- bling torture through rendition is permis- while on vacation in Macedonia, shackled, tigation that lays out whatever facts it sible. put on a plane and flown to the Middle East finds. Third, Mr. Bush should make a clear state- for interrogation. He was later released on Perhaps there is no ‘‘smoking gun’’ to be ment that torture is wrong in any form and his own in Albania after, he claims, his cap- found at the top. But for as long as the proc- under any circumstances. He should state be- tors acknowledged they had confused his ess remains an essentially in-house exercise, yond a shadow of doubt that America will name with that of a terror suspect. those annual State Department human not be complicit in its commission. Leader- Then there’s the matter of placing Ameri- rights reports will continue to raise the ship from the president would go a long way cans living abroad at risk of being abducted question: Who is the United States to judge? toward resolving the torture crisis.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4064 CONGRESSIONAL RECORD — SENATE April 21, 2005 Finally, America needs a special pros- ing camp in Afghanistan. They also said they war on terror. The amendment under- ecutor. Our reputation has been so badly were among a number of men who could be scored the Intelligence Committee’s damaged by Guantanamo, Bagram and Abu seen in a videotape of Osama bin Laden. The continuing aggressive oversight of all Ghraib that no other remedy will do. The ex- tape had been made in August 2000. aspects of the war on terror, including For the better part of two years, Rasul and isting investigations are not enough because terrorist detention and interrogation. they have not been truly independent. Orga- his friends, Asif Iqbal and Rhuhel Ahmed, nizations such as the American Bar Associa- had denied involvement in any terror activ- The Rockefeller amendment is a tion, Amnesty International and the highly ity whatsoever. But Rasul said they eventu- sense of the Senate, as he indicated, respected International Commission of Ju- ally succumbed to long months of physical calling for the Intelligence Committee rists in Geneva have all insisted that an and psychological abuse. Rasul had been held to launch yet another formal investiga- independent investigation is imperative. in isolation for several weeks (his second tion of the men and women who are Nothing less is at stake in the torture cri- sustained period of isolation) when an inter- prosecuting the war against the terror- sis than the soul of our nation. What does it rogator showed him the video of bin Laden. ists. The proposed Rockefeller inves- profit us if we proclaim high moral values He said she told him: ‘‘I’ve put detainees tigation, as I read the parameters but fail to reject torture? What does it sig- here in isolation for 12 months and eventu- originally proposed and then refined, I nify if torture is condemned in word but al- ally they’ve broken. You might as well think would be virtually boundless in lowed in deed? A nation that rewards those admit it now.’’ who permitted and promoted torture is ap- ‘‘I could not bear another day of isolation, its exploration of any matter even tan- proaching spiritual death. let alone the prospect of another year,’’ said gentially related to the use of ren- George Hunsinger is McCord professor of Rasul. He confessed. dition, detention, and interrogation of theology at Princeton Theological Seminary The three men, all British citizens, were terrorists. and coordinator of Church Folks for a Better saved by British intelligence officials, who I want my colleagues to know that America. proved that they had been in England when these are the very tools that are being the video was shot, and during the time they used by our brave men and women in [From Chattanooga Times Free Press, Feb. 8, were supposed to have been in Qaida training the military and intelligence agencies 2005] camps. All three were returned to England, to combat a continuing terrorist threat STORIES FROM THE INSIDE where they were released from custody. Rasul has said many times that he and his against every American and our inter- ‘‘During the whole time we were at Guan- friends were freed only because their alibis ests. They are also critical in our ef- tanamo,’’ said Shafiq Rasul, ‘‘we were at a were corroborated. But they continue to forts in Iraq and Afghanistan, and they high level of fear. When we first got there worry about the many other Guantanamo de- are saving lives as I speak. the level was sky-high. At the beginning we tainees who may be innocent but have no I oppose the efforts of Senator were terrified that we might be killed at any way of proving it. ROCKEFELLER to launch yet another minute. The guards would say to us, ‘We The Bush administration has turned Guan- could kill you at any time.’ They would say, wide-ranging investigation because I tanamo into a place that is devoid of due believe, despite what he believes—and ‘The world doesn’t know you’re here. Nobody process and the rule of law. It’s a place knows you’re here. All they know is that reasonable men can certainly dis- where human beings can be imprisoned for agree—that it is currently unneces- you’re missing, and we could kill you and no life without being charged or tried, without one would know.’ ’’ ever seeing a lawyer, and without having sary. I believe it would be impractical The horror stories from the scandalous in- their cases reviewed by a court. Congress and and damaging to the ongoing oper- terrogation camp that the United States is the courts should be uprooting this evil prac- ations and morale of the people who operating at Guantanamo Bay, Cuba, are tice, but freedom and justice in the United are doing the job. coming to light with increased frequency. At States are on a post–9/ll downhill slide. We are not sitting on the sidelines. some point the whole shameful tale of this So we are stuck for the time being with exercise in extreme human degradation will We are not being passive, we are not re- the disgrace of Guantanamo, which will for- buffing, we are not defaulting, and we be told. For the time being we have to piece ever be a stain on the history of the United together what we can from a variety of ac- sure as heck are not going to let the States, like the internment of the Japanese media drive the agenda within the In- counts that have escaped the government’s in World War II. obsessively reinforced barriers of secrecy. telligence Committee with regard to We know that people were kept in cells Mr. ROCKEFELLER. Mr. President, I classified information and our national that in some cases were the equivalent of yield the floor. security. The Senate Intelligence Com- animal cages, and that some detainees, dis- The PRESIDING OFFICER. The Sen- mittee, in the conduct of its normal oriented and despairing, have been shackled ator from Kansas is recognized. but aggressive oversight responsibil- like slaves and left to soil themselves with Mr. ROBERTS. Mr. President, I re- their own urine and feces. Detainees are fre- ities, is examining the broad issues of gret that I am compelled to speak on the effectiveness of interrogation oper- quently kicked, punched, beaten and sexu- this subject. The topic of the day is the ally humiliated. Extremely long periods of ations, the humane treatment of de- psychologically damaging isolation are rou- confirmation of Ambassador John tainees, the role of intelligence in tri- tine. Negroponte to be the new National Di- bunals and combatant status review This is all being done in the name of fight- rector of Intelligence, but it appears as boards, and, yes, rendition operations. ing terror. But the best evidence seems to if that topic has now changed, and I In conducting this oversight, just show that many of the people rounded up and have no alternative but to respond in this past month committee staff—both dumped without formal charges into Guanta- that basically the purpose and the re- minority and majority—once again vis- namo had nothing to do with terror. They sponsibilities of the Intelligence Com- ited the detention facility at Guanta- just happened to be unfortunate enough to mittee have been challenged by the get caught in one of Uncle Sam’s depress- namo Bay for onsite inspections, brief- ingly indiscriminate sweeps. Which is what vice chairman. ings, and discussions. The committee is happened to Shafiq Rasul, who was released I understand that the vice chairman continuing its oversight through visits, from Guantanamo about a year ago. His feels strongly about this issue. We have interviews of relevant individuals and story is instructive, and has not been told discussed this at length—not as much personnel, through requests of docu- widely enough. as I had hoped and that we had in- ments, reviews of prior investigations, Rasul was one of three young men, all tended to—to seek common ground, and briefings from intelligence commu- friends, from the British town of Tipton who but he feels so strongly that he offered nity element, using basically the same were among thousands of people seized in Af- an amendment to the supplemental ap- ghanistan in the aftermath of Sept. 11, 2001. methodology we used during the WMD They had been there, he said, to distribute propriations bill, which he has dis- review and investigation. food and medical supplies to impoverished cussed. In other words, we are doing our job. Afghans. I feel equally as strong, so much so I believe we are fulfilling our oversight The three were interviewed soon after that I filed a second-degree amendment responsibilities. And there are still on- their release by Michael Ratner, president of in response. My second-degree amend- going investigations, including the the Center for Constitutional Rights, which ment is in stark contrast to the Navy inspector general’s investigation has been in the forefront of efforts to secure amendment offered by my colleague into FBI allegations of abuse at Guan- legal representation for Guantanamo detain- and my friend. My amendment actually tanamo Bay in Cuba and the com- ees. Under extreme duress at Guantanamo, in- expresses support for our Armed Forces prehensive efforts of the CIA inspector cluding hundreds of hours of interrogation and intelligence officers, rather than general of which we are fully informed and long periods of isolation, the three men calling into question their actions, to the degree that we have never been confessed to having been in a terrorist train- while they are on the front lines in the informed before.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4065 Further, I believe the Rockefeller I believe that would be a very serious them. At times they make mistakes, proposal is unnecessary because this mistake and contrary to the intent of and sometimes they make serious mis- issue has been thoroughly investigated Congress. takes for which they must account, over the past 3 years. We have inves- Finally, I oppose Senator ROCKE- and rightfully so, and we are doing tigated and investigated and inves- FELLER’s investigation because it will that. tigated. In fact, we have investigated hinder ongoing intelligence collection, But as we sit here in the relative the investigations. and I believe it would damage morale. safety and comfort of the Capitol com- Let me give you an idea of how many My colleagues should know there is a plex, I cannot help but think that some times our own people have been inves- consensus in the intelligence commu- of us have lost our perspective. We will tigated: in January 2002, the Custer re- nity that terrorist interrogations are and must do our duty as elected offi- port; January 2003, the DOD general the single best source of actionable in- cials. As I have indicated, we will con- counsel and DOD working group, with telligence against the ongoing plans tinue aggressive oversight on this relation to the interrogation of detain- and plots of our enemy. Terrorist inter- issue, and we will reach out to our ees held in the global war on terrorism; rogations today are saving lives in friends across the aisle to incorporate September 2003, the Miller report; No- Iraq—American lives, Iraqi lives, Af- their concerns. But, Mr. President, I vember 2003, the Ryder report; May ghan lives—and are subverting plots say to my friends, we are at war. 2004, the Navy inspector general re- against our own homeland. Therefore, our first and foremost duty view; June 2004, the Taguba report in The information gleaned from inter- is to support our troops and intel- regard to the tragedy that happened in rogating terrorists is doing exactly ligence officers at home and abroad. I, Abu Ghraib; June 2004, the Jacoby re- what I said in terms of the priority for one, will not advocate using the port; July 2004, the Mikolashek report; that we have and our responsibilities constitutional authorities vested in August 2004, the Jones and Fay inves- on the Intelligence Committee in ref- this great institution as a blunt instru- tigation; mid-August 2004, the Schles- erence to our national security. The ment on the very people we depend on inger Commission; August 2004, the majority of usable and actionable in- to keep us safe every day. Formica report; December 2004, the telligence against al-Qaida comes from I am on their side. And make no mis- Army Reserve Command inspector gen- the terrorist interrogations and take, if we sanction another needless eral’s assessment of military intel- debriefings. We must preserve this irre- investigation, it will be a very public ligence and military police training; placeable source of information. Do it vote of no confidence in our men and March 2005, last month, the Church re- right, yes, but we must preserve it. women on the front lines in the war on port. There is no doubt that this is a deli- terror. I, for one, have not lost con- cate intelligence oversight issue. The This issue has been—and will con- fidence in our people. oversight of detention and interroga- tinue to be—thoroughly investigated The Senator from West Virginia re- tion does command a large portion of by inspectors general and criminal in- ferred to the almost daily revelations the Intelligence Committee staff and vestigators from the DOD, all of the regarding the alleged abuses. It is very time and effort. We must continue to uniformed services, the CIA, and the clear to me what is happening. Facts treat interrogation as a delicate over- Justice Department. It is hard to keep already known to us and to investiga- sight issue or we risk losing it. tors are now finding their way into the track, but I count at least 15 com- I am concerned an unnecessary infor- press through Freedom of Information prehensive national level investiga- mal investigation would accomplish Act requests and, quite frankly, leaks. tions and well over 300 investigations little beyond what we already do in the In Washington, a leak is not a leak of specific allegations of abuse. Be- course of our normal and, yes, aggres- until somebody gets wet. I can tell you, tween these investigations and our reg- sive oversight efforts. As I have said on on the Intelligence Committee, we are ular and aggressive oversight—I will other occasions, it will likely cause right about up to here, and the same emphasize, our regular, aggressive risk aversion, the very thing we are thing is true in many other agencies. oversight—I am comfortable as chair- trying to avoid. man that the Intelligence Committee The constant and repetitive inves- I do not think I am being conspira- is meeting its responsibilities. tigations of our frontline personnel torial when I suggest this is a delib- I want my colleagues to also think will have a chilling effect, a no-con- erate effort to give the public the im- about something else. Last year, just fidence vote, really, on the collection pression that this is an ongoing and as we have talked about, we enacted of intelligence through interrogations. growing problem. It is not. I do not be- the most comprehensive reorganization The Senate and the Intelligence lieve it is. Mistakes have been made by of the intelligence community since its Committee should be publicly sup- our military and our intelligence agen- creation over 50 years ago. We created portive of our men and women of our cies, and the Justice Department has the position of the Director of National Armed Forces and intelligence agen- responded properly with investigations Intelligence and gave him new authori- cies because the overwhelming major- of abuse and misconduct. We will over- ties and enormous responsibilities, fur- ity of these people are doing their best see that. We are being told that, and ther encumbered by our very high ex- to protect us all. Where there have we are being kept fully informed. I will pectations. We have all spoken to that been allegations, they are reported and always meet our oversight duties using during this confirmation process. they are being investigated. And after facts not press reports. If the Intelligence Committee em- they are investigated, they are turned I urge my colleagues to consider this, barks on an unnecessary and boundless over to the Justice Department, if war- as we have two options to take. Again, what some would even call a fishing ex- ranted, and people are being charged. I offer the open door of suggestions just pedition that is surely to be tainted by Frankly, I am fast losing patience as we did with the WMD inquiry to in- politics, suggested by any leak that with what appears to me to be almost corporate concerns of the minority on has appeared in the press, it will be the a pathological obsession with calling the committee with responsibilities as first thing that greets the new DNI into question the actions of the men I see them as chairman of the Intel- when he takes office. As Ambassador and women who are on the front line in ligence Committee and do our due dili- Negroponte begins the difficult process the war on terror. Some of these very gence. of fixing what we and numerous com- courageous individuals wear uniforms I reserve the remainder of my time. missions have said need fixing, he and some do not. They leave their The PRESIDING OFFICER. The Sen- would be met with endless requests for spouses and children at home, after as- ator from Oregon. documents, interviews, and hearings. suring them that everything will be all Mr. WYDEN. Mr. President, how So Ambassador Negroponte and Gen- right, with the understanding that it much time do I have remaining under eral Hayden need to hit the ground may not be all right, and sometimes it the agreement that was entered into running, and that would be exceedingly is not all right. They travel to the earlier? hard to do if they land right in the other side of the world in the service of The PRESIDING OFFICER (Mr. middle of an unnecessary congressional their country with a reasonable expec- ALEXANDER). The Senator has 29 investigation. tation that their country supports minutes remaining.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4066 CONGRESSIONAL RECORD — SENATE April 21, 2005 Mr. WYDEN. Mr. President, I yield 5 associates goes on, the more we realize nating gaps and ensuring that our in- minutes to the Senator from West Vir- what a sophisticated enemy we are fac- telligence agencies are working to- ginia. ing. gether is vital to winning the war The PRESIDING OFFICER. The Sen- Bin Laden and his followers under- against al Qaeda, as well as to our ator from West Virginia. stand the modern media, both here and long-term national security. Mr. ROCKEFELLER. Mr. President, I abroad. They know that allegations of That having been said, the mere cre- thank my colleague. Needless to say, torture and mistreatment undercut our ation of this position was not a silver all of us on the Intelligence Committee efforts amongst our allies and influ- bullet. Many challenges lie ahead for do all of this for the protection of the ences world opinion against the United the new DNI. Transforming our intel- American people and protection of the States. It seems to me we cannot allow ligence agencies—getting them to work American troops. That goes without ourselves to be defamed by deceitful together and share information—will saying. and murderous madmen who have not be easy. According to the Robb-Sil- I have to say that all of the inves- learned how to manipulate public per- verman Commission, turf battles are tigations to which my friend and dis- ception. again emerging between the Central In- tinguished chairman of the Intel- What Senator ROCKEFELLER is talk- telligence Agency, CIA, Federal Bureau ligence Committee referred in his re- ing about would provide us, through an of Investigation, FBI, and Department marks were all about the military. inquiry, the opportunity to discredit of Defense, DOD. These turf battles None of them were authorized to get information collected from al-Qaida contributed to past intelligence fail- into or had access to information about and other terrorists in custody. Tor- ures, and if we are going to truly re- the Central Intelligence Agency and its ture is not an effective way of getting form the intelligence community, we role. We do not investigate the mili- valuable, credible intelligence. A sus- need to put an end to this. The key to tary in particular; the Armed Services pect in extreme pain or psychological a well-functioning intelligence commu- Committee does. We investigate the stress will lie about anything and ev- nity is to resolve these disputes in the Central Intelligence Agency and any erything necessary to stop what that best interest of the country, and not other intelligence efforts with respect suspect is enduring, and if the possi- one agency or another. Independence to detention, interrogation, and ren- bility of torture is removed, those ana- and strong leadership are essential to dition. lyzing the information will have great- the DNI’s success. So there are lots of studies that have er faith in the reporting. Good intelligence is vital to our abil- been done, but there are precious few, If, however, an investigation proves ity to protect against the threats we if any, that have been done with re- that torture was used by anyone, we face today, as well as the threats we spect to the intelligence community. will have an additional reason to ques- will face in the future. That cannot I have put forward this amendment tion the information and better ability happen without better management, a because I think it must be done. I do to determine the truth from fabrica- DNI to coordinate all of our intel- not consider it irrational. I do not con- tion. So I come to the floor today to ligence efforts—to make sure everyone sider it against our troops. I think I say I support Senator ROCKEFELLER in involved remembers that we are all on made the point it is in part to protect terms of his request. I think Senator the same team, working toward the same goal. It is critical that he succeed our troops because we are going to be ROBERTS, the chairman of our com- facing these kinds of situations for mittee, makes a very valid point about in making meaningful changes to our years and years to come. the sensitivity of this time, our people intelligence community. These are I look forward to and I have some being in harm’s way, terrorists will high hurdles, but I believe Ambassador confidence that the chairman and my- stop at nothing, and I think what Sen- Negroponte is up to the job. Mr. LEVIN. Mr. President, I want to self and members of the committee can ator ROCKEFELLER is talking about discuss the nomination of John come to an agreement on how we ap- could provide an additional tool, an ad- Negroponte to be the first Director of proach this in a way which works, ditional opportunity, to strengthen the National Intelligence. This is a new po- gives us the information we need, and fight against al-Qaida by publicly cor- sition created by Congress as a key ele- we can proceed forward to protect our recting their lies and to give us an op- ment of intelligence reform after the soldiers. portunity to expose the al-Qaida spin recommendations of the 9/11 Commis- The PRESIDING OFFICER. The Sen- machine. sion, and after the many failures we ator from Oregon. I have spoken at some length on the saw concerning intelligence on Iraq Mr. WYDEN. Mr. President, I will floor this afternoon, but I want to and weapons of mass destruction. speak very briefly on this matter be- make clear that I hope the distin- I want to discuss one particular as- cause I would like to support Senator guished chairman and the ranking pect of the problems we had with the ROCKEFELLER’s call for an inquiry into member can work this out. I support intelligence community, and how I this area, particularly as it relates to Senator ROCKEFELLER. hope Ambassador Negroponte will im- rendition. I yield the floor. prove upon that situation. Let me begin by saying that I strong- Mr. KOHL. Mr. President. I rise In the course of conducting oversight ly agree with my friend and chairman, today in support of the nomination of of the executive branch, Congress re- the distinguished Senator from Kansas, Ambassador John D. Negroponte to quires information and documents pro- with respect to how important a time serve as our first Director of National duced by the executive branch, includ- this is with our people in harm’s way. Intelligence, a position whose impor- ing from the intelligence community. Chairman ROBERTS is absolutely right tance to our national security cannot This is especially true in cases where that the fight against terrorists cer- be stressed enough. Congress, or members of Congress, are tainly is not a nice business. We under- After 9/11 and the failure of the intel- conducting oversight for which they stand that. ligence community to predict the ab- are responsible. I want to take a minute and support sence of weapons of mass destruction Unfortunately, it has been disturb- Senator ROCKEFELLER in the hopes we in Iraq, study after study has told us ingly difficult to obtain information can work this out and do it in a bipar- that our intelligence system is broken, and documents from this administra- tisan way along the route we took with and desperately in need of repair. We tion on a number of serious issues and respect to Iraq, where we got a unani- began the process of fixing our intel- from a number of agencies, including mous agreement in our committee and ligence community in December, when from the intelligence community, as showed a difficult area could be tack- we passed the Intelligence Reform Act well as from the Defense and Justice led in a bipartisan way. of 2004. Arguably the most important Departments. The reason I support Senator ROCKE- part of that legislation was the cre- The only conclusion I can draw from FELLER and want this matter addressed ation of a new position—the Director of my experience in seeking information is I think this inquiry could especially National Intelligence—with appro- and documents from this administra- provide another useful tool in our fight priate budgetary and personnel author- tion as part of my oversight respon- against al-Qaida. I say that because the ity to effectively coordinate the fifteen sibilities is that too often they have longer the war against al-Qaida and its different intelligence agencies. Elimi- not cooperated fully or appropriately.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4067 Let me turn to some specific exam- In that same July 6th letter from stonewalling, ignoring, or delaying on ples. Each year, the Armed Services Stanley Moskowitz, it said that, in re- requests for information and docu- Committee holds a hearing with the sponse to my April 29 request, ‘‘the de- ments. I asked him if he would ensure senior leaders of the intelligence com- classification review is underway and that the intelligence community pro- munity on worldwide threats. After the we hope to have an answer to you vides timely and responsive answers to hearings, members write questions for shortly.’’ such requests, and he basically said he the record, and the answers are made However, the CIA did not provide an would look into the situation. part of the official hearing record. answer ‘‘shortly.’’ It did not provide Frankly, I was hoping he would have Last year, on March 9, 2004, the any answer until after Director Tenet a more robust and positive answer, and Armed Services Committee held its an- had left the CIA, and I had brought the that he would commit to taking steps, nual worldwide threat hearing with the situation to the attention of the new if confirmed, to ensure that the intel- Director of Central Intelligence or DCI, management team. The declassified ligence community is fully responsive George Tenet, and the Director of the materials were finally provided on in a timely manner to congressional re- Defense Intelligence Agency, Admiral April 6, 2005, nearly a year after the re- quests for information and documents. Lowell Jacoby. But the CIA did not an- quest. However, I am hopeful that when swer all the questions for the record I have had similar problems with ob- Ambassador Negroponte does look into until one year later, after I brought taining documents from the Depart- the matter, he will be more responsive, this delay to the attention of the new ment of Defense. I made a request for in light of the law we just passed. He has a responsibility to the Nation, to DCI, Porter Goss. documents on November 25, 2003, and I the Congress, and to the people—not In June 2003, as the ranking member am still awaiting documents from that of the Armed Services Committee, I just to the President. request. I have some of the correspondence initiated a minority staff inquiry into In that case, the Defense Department outlining the problems I have de- the pre-war intelligence on Iraq, and said it was withholding some of the scribed, and I would ask unanimous the use of that intelligence by the ad- documents to determine whether they consent that they be printed in the ministration. In order to conduct this were covered by executive privilege. It RECORD. inquiry, it was necessary to request did so until late March, when it finally There being no objection, the mate- many documents from the intelligence provided some of the documents, 16 rial was ordered to be printed in the community, as well as from the De- months after my original request. I RECORD, as follows: fense Department. would note that it is unclear what pos- U.S. SENATE, Although the intelligence commu- sible executive privilege concern could COMMITTEE ON ARMED SERVICES, nity provided some documents, they exist for these documents, some of Washington, DC, April 9, 2004. stonewalled other requests. For exam- which were unclassified talking points Hon. GEORGE TENET, ple, on April 9, 2004, I wrote to Director to be used by Pentagon officials. Director of Central Intelligence, of Central Intelligence George Tenet, In the same case, the Defense Depart- Washington, DC. requesting the declassification of three ment originally told me they were DEAR MR. DIRECTOR: I am writing to re- quest information and action relative to a sets of briefing charts produced by the withholding some documents con- series of three briefings presented by the Of- Office of Under Secretary of Defense taining intelligence information that fice of the Under Secretary of Defense for Douglas Feith concerning the Iraq-al was ‘‘Originator Controlled,’’ also Policy (OUSDP), Douglas Feith, to several Qaeda relationship. The charts con- known as ORCON. The Department audiences, entitled ‘‘Assessing the Relation- tained intelligence that only the intel- promised me that they would provide ship between Iraq and al Qaeda.’’ I believe ligence community could declassify. any documents cleared for release by you received a copy of these briefings as at- I knew that one slide, which had been tachments to a letter written by Under Sec- the CIA. But instead of doing so, they retary Feith to me on March 25, 2004, a copy declassified previously at my request, simply swept all the CIA-cleared docu- of which he sent to you. was highly critical of the intelligence ments into their executive privilege re- According to Secretary Feith, the first community’s assessment of the Iraq-al view. briefing was presented to the Secretary of Qaeda issue, and that it had been The new leadership of the CIA and Defense in August, 2002. The second briefing shown to Defense Secretary Rumsfeld the Intelligence Community, Porter was presented to you in August, 2002. The and later to the staffs of the Office of Goss, is adopting a more responsive third briefing was presented to staff of the National Security Council (NSC) and the Of- the Vice President and the National and responsible attitude toward con- fice of the Vice President (OVP) in Sep- Security Council, but that it had not gressional requests for information and tember, 2002. been shown to DCI Tenet when he was documents than did his predecessor. I am requesting the following: briefed. After I brought these delays to his 1. As these briefings contain intelligence On July 6th, I received a letter from attention at a hearing in March, he information, I request that you declassify Stanley Moskowitz, the Director of the briefings, to the greatest possible extent. said he would look into the matter and One page used in two of the briefings (to the Congressional Affairs at the CIA. His ensure that the information was pro- Secretary of Defense and to the NSC/OVP letter said that in response to my April vided. And he did what he promised. On staffs) has already been declassified at my 9 request, the ‘‘declassification review April 6th, he wrote me a letter as a fol- request. of the charts is underway and we hope low-up to providing me the materials 2. Did the CIA see and clear these briefings to have an answer to you shortly. We that had been delayed so long. before they were presented to the Secretary apologize for the delay.’’ I would like to quote from the last of Defense and to NSC and OVP staffs? If so, However, although his staff told my when? Did CIA request changes to the brief- paragraph of his letter: ings? Given that they contain intelligence staff that they were working on the re- You should have received answers to these information controlled by the originating quest, and later that they had com- requests months ago. There is no excuse for agencies, would such clearance requests be pleted the review, the documents were such delays. I have conveyed to my staff that the normal course of action? not forthcoming, nor was an expla- this is not how the Agency will treat re- 3. Please explain when you and when the nation for the delay. I finally received quests. CIA first learned of the existence of the the documents earlier this month, That is the right approach to take. OUSDP briefs; when you and the CIA first learned that this briefing was going to be (or after the current Director of Central After all the frustrating delays and had been) provided to the Secretary of De- Intelligence, Porter Goss, provided stonewalling, it is a welcome breath of fense and to NSC and OVP staffs; and when them. fresh air. And I hope the window stays the CIA first learned that a different version In another example, on April 29, 2004, open for the whole Intelligence Com- of the briefing was going to be (or had been) I requested the declassification of spe- munity. presented to NSC and OVP staffs than had cific portions of three finished intel- This brings me back to the nomina- been presented to the CIA. ligence reports from the CIA con- tion of Ambassador Negroponte to be 4. Please provide the CIA’s views on two aspects of these briefings: first, the sub- cerning the relationship between Iraq the new leader of the Intelligence Com- stantive findings and conclusions (both im- and al Qaeda. I requested that they re- munity. At his nomination hearing be- plied and explicit) of the briefings; and sec- spond by May 10th, but they did not fore the Intelligence Committee, I ond, the reliability of each intelligence item reply for 2 months. asked him about this problem of or report cited in the briefings.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4068 CONGRESSIONAL RECORD — SENATE April 21, 2005 5. Please provide your views on the appro- such delays. I have conveyed to my staff that ysis that is not cleared by the Intelligence priateness of two activities: first, the presen- this is not how the Agency will treat re- Community or made known to it; and sec- tation by non-Intelligence Community per- quests. ond, the provision of comments and edits by sonnel to senior policymakers or administra- Sincerely, entities outside of the Intelligence Commu- tion officials of any formal intelligence anal- PORTER J. GOSS. nity on the contents of the Intelligence Com- ysis that is not cleared by the Intelligence munity products, whether draft or final. Community or made known to it; and sec- CENTRAL INTELLIGENCE AGENCY, Answer: The DCI responded to a similar ond, the provision of comments and edits by Washington, DC, July 6, 2004. question from you at the 9 March 2004 hear- entities outside of the Intelligence Commu- Hon. Carl Levin, ing. He said, ‘‘My experience is that people nity on the contents of Intelligence Commu- Ranking Democratic Member, Committee on come in and may present those kinds of nity products, whether draft or final. Armed Services, U.S. Senate, Washington, briefings on their views of intelligence, but I I appreciate your assistance in this re- DC. have to tell you, Senator, I’m the President’s quest, and I look forward to your response by DEAR SENATOR LEVIN: I am responding on chief intelligence officer; I have the defini- April 23, 2004. behalf of the Director of Central Intelligence tive view about these subjects. From my per- Sincerely, to your letter of 9 April 2004 requesting in- spective it is my view that prevails.’’ CARL LEVIN, formation and action relative to a series of Lastly, in response to your 29 April 2004 Ranking Member. briefings presented by the Office of the letter requesting the declassification of in- Under Secretary of Defense for Policy, Doug- formation contained in two Counterter- U.S. SENATE, las Feith, to several audiences, entitled ‘‘As- rorism Center publications and the October COMMITTEE ON ARMED SERVICES, sessing the Relationship between Iraq and al 2002 National Intelligence Estimate, the de- Washington, DC, April 29, 2004. Queda.’’ Specifically, you asked five ques- classification review is underway and we Hon. GEORGE TENET, tions. The responses to your questions are hope to have an answer to you shortly. Director of Central Intelligence, Central Intel- provided below. Sincerely, ligence Agency, Washington, DC. 1. As these briefings contain intelligence STANLEY M. MOSKOWITZ, DEAR DIRECTOR TENET: I request that you information, I request that you declassify Director of Congressional Affairs. declassify the following information: the briefings, to the greatest possible extent. (1) From the June 21, 2002 Counter-Ter- One page used in two of the briefings (to the Mr. DOMENICI. Mr. President, I rorism Center document relating to Iraq’s Secretary of Defense and to the NSC/OVP would like to express my support for relationship to al Qaeda (CTC 2002–40078CH): staffs) has already been declassified at my John Negroponte to be the first Direc- In the Key Findings section, p. i, third bullet request. tor of National Intelligence, DNI. I under the first paragraph; p. iii, second bul- Answer: The declassification review of the have the utmost respect for Ambas- let; p. v in its entirety (the Scope Note); In charts is underway and we hope to have an the main body of the report, p. 6, the second sador Negroponte and confidence that answer to you shortly. We apologize for the he will excel in this position. section on the page (first and second col- delay. umns, one paragraph and two sub-bullets). 2. Did the CIA see and clear these briefings It is apparent that there is a need to (2) From the October 2, 2002 National Intel- before they were presented to the Secretary improve our Nation’s intelligence capa- ligence Estimate on Iraq and weapons of of Defense and to the NSC and OVP staffs? If bilities. The passage of the Intelligence mass destruction (WMD) (NIE 2002–16HC): p. so, when? Did CIA request changes to the Reform and Terrorism Prevention Act, 68, the first non-bulleted full paragraph and briefings? Given that they contain intel- the two subsequent sub-bullets. by creating the position of Director of ligence information controlled by the origi- (3) From the January 29, 2003 Counter-Ter- National Intelligence, is an important nating agencies, would such clearance re- rorism Center document relating to Iraq and step in achieving this goal. Creating terrorism (CTC 2003–40004HJX): beginning on quests be the normal course of action? Answer: CIA did not see or clear these centralized leadership in the intel- p. 16, the section that begins with the last briefings before they were given to the Sec- ligence community will provide better paragraph on the page, all of page 17, and the retary of Defense, NSC or OVP. The intel- management of capabilities and first two bullets on page 19; p. 27, second col- ligence information used in these briefings produce common standards and prac- umn: the section heading and first full para- was from products previously disseminated graph under the heading; and the second-to- tices across the foreign and domestic last full paragraph. to IC and Executive Branch elements, to in- intelligence divide. The position of DNI I would expect that expeditious declas- clude DoD and the White House. There was will better allow the intelligence com- sification should be possible, given that you no need for further clearance in presenting munity to set priorities and move re- have already declassified significant portions the intelligence information to the Sec- retary of Defense, NSC or OVP as the origi- sources where they are most needed. of the October 2002 NIE, including all the key The position of DNI is going to be dif- judgments, all the text concerning uranium, nator control clearance had been resolved at and the alternative views of the State De- the time of initial dissemination. ficult and demanding. I believe Ambas- partment’s Bureau of Intelligence and Re- 3. Please explain when you and when CIA sador Negroponte’s experience and search. first learned of the existence of the OUSDP character make him an excellent Please have a member of your staff call briefs; when you and the CIA first learned choice to take on this vast responsi- Richard Fieldhouse of the Committee staff that this briefing was. going to be (or had bility. ,been) provided to the Secretary of Defense at 202–224–0750 with any questions or requests From 1960 to 1997 Ambassador for clarification. and to NSC and OVP staffs; and when CIA I appreciate your assistance with this re- first learned that a different version of the Negroponte was a member of the Ca- quest and look forward to your response by briefing was going to be (or had been) pre- reer Foreign Service, serving at eight May 10, 2004. sented to NSC and OVP staffs than had been different posts in Asia, Europe, and Sincerely, presented to the CIA. Latin America. He has been Ambas- CARL LEVIN, Answer: We first learned of the brief in sador to Honduras, Mexico, and the Ranking Member. mid-August 2002 when it was presented to the Philippines. Ambassador Negroponte DCI. We believe it was at that point that we also served as Assistant Secretary of THE DIRECTOR OF CENTRAL learned that it had been presented to senior State for Oceans and International En- INTELLIGENCE, levels in the Pentagon. We did not learn that Washington, DC, April 6, 2005. it had been presented to the NSC and OVP or vironmental and Scientific Affairs and Hon. CARL LEVIN, that there were different versions until ear- as Deputy Assistant to the President Committee on Armed Services, U.S. Senate, lier this year. for National Security affairs. Washington, DC. 4. Please provide the CIA’s views on two More recently, Mr. Negroponte dis- DEAR SENATOR LEVIN: I have confirmed aspects of these briefings: first, the sub- tinguished himself as ambassador to that responses to the long outstanding re- stantive findings and conclusions (both im- the United Nations, during the difficult quests you brought to my attention during plied and explicit) of the briefings; and sec- the Senate Armed Services Committee ond, the reliability of each intelligence item time immediately after the terrorist (SASC) Global Intelligence Challenges hear- or report cited in the briefings. attacks of September 11. Furthermore ing have now been provided to the Com- Answer: The CIA’s January 2003 paper, Mr. Negroponte last year became the mittee. As you made me aware, these re- Iraqi Support for Terrorism, represents the first American Ambassador to Iraq quests were from last year’s Worldwide CIA views on the issues covered in the DoD since the fall of Saddam Hussein. In Threat hearing, as well as from correspond- slides. This paper has been provided to the this role he played an important role in ence dating back to last April. As promised, Committee. moving the nation of Iraq towards a 5. Please provide your views on the appro- I instructed Agency personnel to promptly democratic and stable future. complete their review and provide appro- priateness of two activities: first, the presen- priate and meaningful answers. tation by non-Intelligence Community per- Ambassador Negroponte has a long You should have received answers to these sonnel to senior policymakers or administra- and distinguished career during his requests months ago. There is no excuse for tion officials of any formal intelligence anal- more than 40 years of service to this

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4069 country. During that time he faced more cooperatively, so that informa- same conclusions time and again, for many challenges and difficult situa- tion access is improved to enable all the sake and safety of the Nation we tions. I have the highest expectations relevant agencies to provide necessary must begin the transformation of the that he will take on the assignment as input, and so that the intelligence fifteen agencies tasked with collecting Director of National Intelligence with products provided to national policy and analyzing intelligence into a sin- the same dedication he has shown in makers are not only timely but reflect gle, coordinated community with the the past. Under his leadership, I believe the best judgment of the entirety of agility to predict, respond to and over- America will have the intelligence ca- the intelligence community. come the threats our Nation will face. pability it so urgently needs to fight Ambassador Negroponte has taken on The confirmation of the first Director and win the continuing global war on some of the toughest and most impor- of National Intelligence is the first terror. tant jobs in our diplomatic service in step in executing this extremely com- Ms. SNOWE. Mr. President, I rise his long and illustrious career as a For- plex undertaking and time is of the es- today in support of John Negroponte to eign Service Officer. He has been nomi- sence. Indeed, I cannot recall a time be confirmed as the Director of Na- nated for and confirmed as Chief of when a nominee has come before the tional Intelligence. These are historic Mission in four embassies and as the Senate with the entire community and perilous times as we continue to President’s representative to the they have been nominated to lead in face enemies intent upon attacking us United Nations. He has served in lead- the midst of such sweeping trans- and the values and freedoms upon ership positions within the Department formation. of State and as a security advisor in which our Nation was founded. And once again, I believe the Presi- the White House. John Negroponte has Because we still know very little dent has made an excellent choice in demonstrated the resolve and ability to about our Nation’s most dangerous ad- John Negroponte to lead the intel- take on tough management and policy versaries, the new Director of National ligence community through such a positions and to perform admirably. Intelligence will be responsible for en- transformation. suring that this Nation’s intelligence In the past 3 years, there have been four major investigations that have I look forward to working with him community has the collection and ana- in the coming years as we shape our in- lytic expertise required to confront our concluded that the time has come for significant reform in the intelligence telligence community into a cohesive greatest challenges no matter from whole and as he defines the role of Di- which quarter they appear. While many community. In December 2002, the pri- mary recommendation of the Joint In- rector of National Intelligence. With a are concerned about the emergence of strong DNI and a focused intelligence China as a peer competitor in the quiry into the Terrorist Attacks of September 11, 2001 was that Congress team, our Nation will be safer. I urge Northern Pacific, we obviously still should amend the National Security my colleagues to join me in supporting face the scourge of international ter- Act of 1947 to create a statutory Direc- the confirmation of John Negroponte rorism, international criminal organi- tor of National Intelligence to be the the first Director of National Intel- zations and other transnational President’s principal advisor on intel- ligence. threats. And, of course, there remains ligence with the full range of manage- Mr. KERRY. Mr. President, the suc- the perplexing problem of gathering in- ment, budgetary, and personnel respon- cesses of the intelligence community telligence against closed societies such sibilities needed to make the entire are never really known to the Amer- as Iran and North Korea so called U.S. Intelligence Community operate ican public. But the spectacular fail- ‘‘hard’’ targets. as a coherent whole. ures of the last few years have been ap- Ambassador Negroponte has both the Last July, the Senate Select Com- distinct privilege and solemn obliga- parent to us all. Blue-ribbon panels, mittee on Intelligence issued its Re- presidential commissions, and common tions that come with being the first Di- port on the U.S. Intelligence Commu- rector of National Intelligence. How he sense have all told us that the intel- nity’s Prewar Intelligence Assessments ligence community needs reform. In re- leads, how he manages the community, on Iraq that found that although the how he shapes his role, the relation- cent months, with action by Congress Director of Central Intelligence was and the administration, we’ve begun to ships he creates with the various agen- supposed to act as head of both the CIA cies and their leaders will not only de- see progress. With the vote on John and the intelligence community, for Negroponte’s nomination today, we termine how effective he is in reform- the most part he acted only as the head ing our intelligence community but will take an important step in giving of the CIA to the detriment of the in- life to the structural reforms we’ve de- very likely how each of his successors telligence product provided to National will approach the oversight of our in- bated for so many months. policymakers. John Negroponte faces a daunting telligence community as well. And the Later that month, the 9/11 Commis- challenge as the country’s first Direc- transformation he is charged with sion issued their report on the terrorist tor of National Intelligence. It will be overseeing carries with it the future se- attacks and also recommended that the his responsibility to make intelligence curity of this Nation. current position of Director of Central reform a reality, to break-down the Our intelligence community profes- Intelligence should be replaced by a barriers between intelligence agencies, sionals are the best in the world and National Intelligence Director with and to restore the credibility of the every day they toil tirelessly, often un- two main areas of responsibility: to American intelligence community. recognized, in the shadows to keep this oversee National intelligence centers There once was a time where the word country safe. I believe they are eagerly and to manage the National intel- of the President of the United States looking for strong leadership so they ligence program and oversee the agen- can move forward with the business of cies that contribute to it. was enough to reassure world leaders. securing the country. Finally, earlier this month the Presi- After the intelligence failures of the It has been said that ‘‘A leader takes dent’s Commission on the Intelligence last few years, that is no longer true. people where they want to go. A great Capabilities of the United States Re- In his confirmation hearings, Mr. leader takes people where they don’t garding Weapons of Mass Destruction Negroponte identified ways to improve necessarily want to go but ought to found the Intelligence Community is the intelligence process—formalizing be.’’ I believe that John Negroponte ‘‘fragmented, loosely managed, and lessons-learned exercises across the possesses the experience and leadership poorly coordinated; the 15 intelligence community; utilizing ‘‘Team B’’ anal- necessary to take this Nation’s 15 in- organizations are a ‘community’ in yses to avoid self-reinforcing analysis telligence agencies and the thousands name only and rarely act with a unity premised on faulty assumptions; im- of dedicated professionals in those of purpose.’’ They also concluded that proving inter-agency and community- agencies who toil to protect us all to the Director of National Intelligence wide cooperation; and removing bar- where they ought to be. will make our intelligence efforts bet- riers between foreign and domestic in- He has demonstrated a recognition of ter coordinated, more efficient, and telligence. He must also be able to the need to refocus our intelligence more effective. work effectively with Secretary Rums- community, so that disparate intel- Clearly, with this many investiga- feld and the Department of Defense— ligence agencies are working together tions and Commissions arriving at the and its 80 percent of the intelligence

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4070 CONGRESSIONAL RECORD — SENATE April 21, 2005 budget—to really reform the commu- The directive was purposely obscure in its John Negroponte has served his Na- nity. Many of us in Congress will sup- wording, due to the secret and potentially of- tion faithfully and well. His willingness port his efforts, and I urge President fensive nature of the agency’s functions; and to take on this daunting challenge is a Bush to be steadfast in this regard as the other intelligence organizations, jealous testament to a man who understands of their prerogatives, took advantage of the service to Nation and has, once again, well. vague phraesology to set loose a flock of ru- But Mr. Negroponte’s most imme- mors that Donovan was to be the Heinrich answered the call to serve. We are for- diate and urgent task will be to speak Himmler of an American Gestapo, the Goeb- tunate to have a citizen of such char- truth to power. When the intelligence bels of a controlled press, a super-spy over acter to undertake this important and does not support the policy goals or Hoover’s G-men and the Army and Navy, the challenging task of bringing our Intel- ambitions of the administration, Mr. head of a grand strategy board which would ligence Community together as a co- Negroponte must never flinch, never dictate even to the General Staff. In vain, herent, well-coordinated entity. waiver, never compromise one iota of the President reiterated that Donovan’s I strongly support confirmation of his integrity or the integrity of the in- work, ‘is not intended to supersede or to du- Ambassador John D. Negroponte to be telligence. He must also be willing to plicate or to involve any direction of or in- the first Director of National Intel- terference with the activities of the General push analysts to challenge assump- Staff, the regular intelligence services, the ligence, and hope the spirit of Wild Bill tions, consider alternatives, and follow Federal Bureau of Investigation, or of other Donovan guides and inspires his ef- the evidence wherever it may lead existing agencies.’ The bureaucratic war was forts. them. And when they do, he must back on. Mr. HATCH. Mr. President, today I them with the full authority of his of- It was a war all too familiar to Wash- rise to give my enthusiastic vote of fice. ington, the dog-eat-dog struggle among gov- support for President Bush’s nominee Today we face many threats, the dan- ernment departments to preserve their own to be this Nation’s first Director of Na- gerous legacy of the Cold War in vast areas of power. tional Intelligence. I have known Am- nuclear arsenals, the spread of weapons Ambassador Negroponte and General bassador Negroponte for over 20 years, of mass destruction, the spread of ter- Michael Hayden, USAir Force, his dep- and his professional career as one of rorism, lingering disputes in various uty, face a similar situation today, and our Nation’s best diplomats began 20 regions of the world, and new forces, I wish them well. years earlier. And rarely have I voted like globalization, all crying out for Some have said the Intelligence Re- in support of a Presidential nominee leadership by the United States. The form and Terrorism Prevention Act of with greater confidence. I trust that decisions policy makers make are in- 2004 uses similarly ‘‘vague phrase- my colleagues will lend their support fluenced by many factors. But on ology’’ in describing the authorities unanimously to the President’s selec- issues of war and peace, on protecting and responsibilities of the new Director tion for a position we are anxious to this country, on determining our long- of National Intelligence. Some say that fill. term national security needs and the Roosevelt was intentionally vague to As he assumes the position we cre- direction of our foreign policy, there is allow the strong personality of Wild ated last year to unify the intelligence no substitute for intelligence that is Bill Donovan to make this new intel- community’s capabilities as they have accurate, timely, and trusted. ligence organization work. never been unified before, I offer Am- Mr. Negroponte will shape the role of I think we have two very strong per- bassador Negroponte my complete sup- Director of National Intelligence in sonalities in Ambassador Negroponte port, with three points to consider. fundamental ways. He will be judged on and General Hayden who are up to the First, as I have told the nominee, whether or not America is safer at the task and will make this new Office of this will be the most difficult job he end of his tenure than when he starts. National Intelligence work. Their work will ever hold. And I say this to the For the sake of us all, I hope he suc- will be even more effective as they man who has just returned from serv- ceeds. forge strong alliances with their col- ing as our first ambassador to a liber- Mr. WARNER. Mr. President, I leagues in other departments of Gov- ated Iraq. During Ambassador strongly support the nomination of ernment. Negroponte’s nomination hearing two Ambassador John D. Negroponte to be As Ambassador Negroponte begins weeks ago, the distinguished chairman the first Director of National Intel- this important effort, I know he is of the Senate Select Intelligence Com- ligence. mindful on the balance that must be mittee, who also has my greatest re- This is not a moment without prece- maintained between the needs of na- spect, while reviewing the job require- ments for the new position of DNI, can- dent in history. President Roosevelt tional policy makers, military com- didly asked the nominee: ‘‘Why would faced a similar situation in 1941 when manders on distant battlefields, and you want this job?’’ he had disparate intelligence and infor- local and national homeland security mation gathering organizations within The answer, for those who know him, officials, who are all charged with the is that Ambassador Negroponte has al- the government, but did not have a sin- safety and security of the American gle person in charge. President Roo- ways responded to the call by his coun- homeland. The support these elements try to take on difficult challenges. And sevelt convinced a reluctant Colonel enjoy today has not always been the William J., Wild Bill, Donovan to be we in the Senate have supported him case. When General Norman by confirming him, to date, seven the first ‘‘Coordinator of Information,’’ Schwarzkopf testified before the Sen- an organization that eventually be- times. ate Armed Services Committee in June Second, as I also told the nominee, came the Office of Strategic Services, 1991 regarding lesson learned during OSS, and ultimately, the Central Intel- and I have said to my colleagues: the first Persian Gulf War, he told the Osama bin Laden is not quaking in his ligence Agency. committee that responsive national in- I would like to read a quote from the hideaway because we have created the telligence support has been unsatisfac- book, ‘‘Donovan of O.S.S.,’’ by Corey position of Director of National Intel- tory from his perspective as the the- Ford: ligence. Let us be candid to ourselves ater commander in charge of combat about this. Too often in Washington, a The appointment of Colonel Donovan as di- operations. Clearly, much has changed rector of COI was formally announced by ex- bureaucratic response is mistaken for a ecutive order on July 11, 1941, and his duties since 1991, but we must all remain vigi- solution. I hope we all recognize, after were defined in Roosevelt’s own words: ‘To lant in ensuring that intelligence sup- the years of discussing reform, that the collect and analyze all information and data port for our men and women in uniform legislation we passed last year initiates which may bear upon national security, to is maintained and enhanced. the beginning, not the end of reform. correlate such information and data and Ambassador Negroponte has a strong And this leads to my third point. make the same available to the President record of public service as the U.S. Am- Ambassador Negroponte’s mission, and to such departments and officials of the bassador to Honduras, Mexico, the once we confirm him, is to take the Government as may the President may de- Philippines, the United Nations, and termine, and to carry out when request by elements of the intelligence commu- the President such supplementary activities most recently, Iraq. He has a great rep- nity and de-Balkanize them. His mis- as may facilitate the securing of information utation as a problem solver who can be sion will be to create a whole that is important for national security not now counted on for the epitome of candor greater than the sum of the intel- available to the Government.’ and integrity. ligence community parts. He will do

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4071 this by achieving what we call Honduran government’s human rights In 2004, President Bush nominated jointness between all parts of the com- record during those years and that of Mr. Negroponte to serve as our Ambas- munity. When he does that—and this the CIA Inspector General and non- sador to the newly liberated Iraq. will have to do as much with creating governmental organizations. He has As his background attests, Mr. new doctrine, and creating community yet to show complete candor in dis- Negroponte has tackled many difficult culture that integrates this doctrine— cussing U.S. activities there with the and sensitive missions. He has also then will our already impressive ele- Congress. earned a reputation as a skilled man- ments we have in our community be I believe that Ambassador ager—skills he will surely need in the able to advance our security. Only then Negroponte could have been more out- job ahead. will we be creating the 21st century spoken in reporting from his vantage As Director of National Intelligence, global intelligence capabilities that point at the United Nations in the win- Mr. Negroponte will be responsible for will make bin Laden’s inevitable suc- ter of 2003—when our country was on overseeing the entire intelligence com- cessors and wannabees sweat and run. the verge of war. munity. It will be Mr. Negroponte’s job In my conversations with Ambas- Despite these concerns, I will vote for to keep America safe by bridging the sador Negroponte about his new brief, I the confirmation of Ambassador gaps between our 15 intelligence agen- have shared some of my ideas with Negroponte. I am encouraged by his re- cies and improving information sharing him, and I have found him to be wel- sponses to my questions during hear- between agencies. coming of these and all ideas. He un- ings before the Senate Select Com- He will determine the annual budgets derstands the problems we face, as he mittee on Intelligence. for all National intelligence agencies has been a consumer of intelligence for In a very important exchange, he and offices, and direct how these funds most of his career, and he has spent his provided assurances that he will are spent. The Director will also report last tour in Iraq confronting the chal- ‘‘speak truth to power.’’ In response to directly to the President. lenge of multiple armed groups dedi- my questions, Ambassador Negroponte It is a tough job and a tremendous re- cated to collaborating against us. I be- said he would make sure that reli- sponsibility. But I am confident that lieve he knows what we need, and I ability problems with sources are put Mr. Negroponte will work hard to know he is determined to take the im- before decisionmakers. He agreed to make the necessary reforms to help pressive technological and human ca- explore mechanisms like the State De- keep America safe. We learned on 9–11 that the enemy is pacities already in place in our intel- partment’s Dissent Channel to encour- deadly and determined. He doesn’t ligence community and take it to the age those who see yellow flashing wear a uniform or march under a rec- level necessary to give the American lights to express their views to senior ognized flag. He hides in the shadows public a strategic intelligence capa- officials and to protect dissenters from where he plots his next attack. bility we need and must have. political retaliation. And he said that Dangerous weapons proliferation I believe Ambassador Negroponte has he himself would be taking the ‘‘unvar- must be stopped. Terrorist organiza- always served this country honorably. nished truth’’ to the President. He also tions must be destroyed. And we must As we confirm him today, which I trust said that all organizations under his have an intelligence community that we will, I offer him my support and, purview will obey the law and that works together to confront these very once again, gratitude for choosing to there will be full accountability. serve his country in one of the most real dangers so that we never suffer an- These assurances are critical. My other 9–11 or worse. challenging positions in our history. vote to confirm Ambassador Ms. MIKULSKI. Mr. President, one of I look forward to Mr. Negroponte’s Negroponte is based on them. As a my top priorities is the real reform of swift confirmation. He has served our member of the Senate Select Intel- our Nation’s intelligence. The Intel- country with honor and distinction ligence Committee, I will be watching ligence Reform Act of 2004 was a first over many years. America is fortunate closely to see that they are honored step toward transforming the U.S. in- to have a public servant of his caliber and will do what I can to contribute to telligence community. Information working hard on our behalf. Ambassador Negroponte’s success as sharing will be strengthened, while di- Mr. CORZINE. Mr. President, I rise the first Director of National Intel- verse opinion and independent analysis today in support of the confirmation of ligence. will be protected. John Negroponte to be our Nation’s The single most important provision Mr. FRIST. Mr. President, it is my first Director of National Intelligence. in the act was the creation of a Direc- pleasure to support the nomination of This is a historic moment, and a crit- tor of National Intelligence, who would Ambassador John Negroponte to the ical step toward making our nation have authority, responsibility, and fi- post of Director of National Intel- more secure. But it is also only the be- nancial control over the entire intel- ligence. ginning of what will be a long and chal- ligence community. Mr. Negroponte is superbly qualified lenging effort to reform and improve The President has nominated an ex- for this new and challenging position. I our intelligence capabilities. perienced diplomat to be Director of applaud the President on his choice of It is worth recalling how we got here. National Intelligence. Ambassador candidate. Last week, Mr. Negroponte The establishment of the Director of John D. Negroponte has worked hard was approved by the Senate Select National Intelligence would not have for his country and has made personal Committee on Intelligence. I expect he happened had it not been for the patri- sacrifices. When his country called, he will be confirmed with overwhelming, otism and passion of some remarkable has exposed himself to hardship and bipartisan support here on the Senate Americans. Let me begin with the fam- danger most notably in Vietnam and in floor. ilies of the victims of 9/11 who managed Iraq. Mr. Negroponte’s career in public to turn their grief into real, effective He has also had extensive exposure to service spans four decades and three action. The Family Steering Com- U.S. intelligence products and oper- continents. He has served in Europe, mittee and, in particular, four 9/11 wid- ations. He had intelligence coordina- Asia and Latin America. He speaks five ows from my State who called them- tion responsibilities in Washington on languages fluently, and has won Senate selves the ‘‘Jersey Girls,’’ fought for the National Security Council. He re- confirmation for 7 previous posts. He is real answers. They pushed for the cre- cently had responsibility for leading widely regarded as one of our most dis- ation of the 9/11 Commission, whose the U.S. Embassy in Baghdad during a tinguished and respected public offi- recommendations included the position time when intelligence on the Iraqi in- cials. for which Mr. Negroponte is being con- surgency had the highest priority. Among his many career highlights, firmed today. They also insisted that Yet I have serious concerns with cer- Mr. Negroponte has served as Ambas- the administration cooperate fully tain aspects of Ambassador sador to Honduras, Ambassador to with the Commission as it sought a full Negroponte’s record—particularly his Mexico, Ambassador to the Phil- accounting of the terrorist attack. actions while he was ambassador to ippines, and Ambassador to the United They did all this for one reason: they Honduras. There is a serious discrep- Nations. He has served under multiple wanted America to be safer than it was ancy between his description of the presidents, Republican and Democrat. on the day they lost their loved ones.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4072 CONGRESSIONAL RECORD — SENATE April 21, 2005 We also owe an enormous debt to the Commission and, more recently, by the fort across the intelligence community 9/11 Commission, led by former New President’s WMD Commission. prior to September 11. We had no quar- Jersey Governor Tom Kean and former I am confident Ambassador terback. Prior to this legislation, the Congressman Lee Hamilton. The Com- Negroponte is up to this admittedly Director of Central Intelligence (DCI) mission’s hard work, persistence, intel- difficult task. With a career in public had three jobs: No. 1. principal intel- lectual honesty, and political neu- service spanning over four decades, ligence advisor to the President; No. 2. trality brought about something truly Ambassador Negroponte has dem- head of the CIA; and No. 3. head of the incredible: a national consensus. The onstrated the commitment and deter- intelligence community. As the 9/11 Commission’s meticulous and thorough mination this post demands. His serv- Commission concluded: ‘‘No recent DCI study of the events leading up to and ice in numerous Foreign Service posts has been able to do all three effec- including September 11 and its wise across Asia, Europe, and Latin Amer- tively. Usually what loses out is man- and succinct recommendations gave us ica—and most recently as the U.S. Am- agement of the intelligence commu- an understanding of the past and a bassador to Iraq—has certainly pro- nity, a difficult task even in the best path forward. And, by involving the vided him with the global perspective case because the DCI’s current authori- American people in their deliberations, of our intelligence needs that the posi- ties are weak. With so much to do, the they helped generate public support for tion requires. And, having served in DCI often has not used even the au- much needed reform. senior positions here in Washington at thority he has.’’ It is almost impossible to overstate the State Department and at the Na- The new Director of National Intel- the challenges ahead for the new Direc- tional Security Council, Ambassador ligence has two main responsibilities: tor of National Intelligence. The intel- Negroponte has developed the bureau- to head the intelligence community ligence failures that led to the ter- cratic skills that the DNI must exer- and to serve as principal intelligence rorist attack of September 11, 2001, cise in order to be effective. advisor to the President. As principal happened in part because of a lack of The most important factor in wheth- advisor to the President, the DNI is re- coordination among our intelligence er Ambassador Negroponte—indeed, sponsible—and accountable—for ensur- agencies. It is the DNI’s job to resolve whether the entire intelligence reform ing that the President is properly this problem. Mr. Negroponte will need effort—succeeds, is the degree of sup- briefed on intelligence priorities and the President’s support. He will also port provided by President Bush and activities. The CIA Director will now need Congress’ support. He has mine. the White House in the early but form- report to the DNI, who is not respon- The DNI will also have to correct the ative stages of this process. The path sible for managing the day to day ac- intelligence failures that led to the war toward reform is always a difficult one, tivities of that agency while also head- in Iraq. That includes ensuring that in- particularly with the likely array of ing the intelligence community. In telligence analyses are objective and bureaucratic and institutional obsta- fact, the legislation specifies that the that those analyses are used appro- cles the DNI is likely to confront. As Office of the DNI may not even be co- priately by policy makers. The DNI the WMD Commission candidly recog- located with the CIA or any other ele- will need to speak truth to power, to nized, ‘‘The Intelligence Community is ment of the intelligence community after October 1, 2008. tell policymakers the hard truth about a closed world, and many insiders ad- mitted to us that it has an almost per- As head of the intelligence commu- what we know and what we don’t know. nity, the DNI will have—and must ef- Intelligence must guide policy, and not fect record of resisting external rec- ommendations.’’ It should come as no fectively use—the wide range of strong vice versa. budget, personnel, tasking, and other Our intelligence serves many pur- surprise that the array of strong statu- authorities detailed in the legislation poses, from informing foreign policy to tory authorities provided to the DNI under the legislation can, in and of to forge the unity of effort needed supporting tactical military decisions. against the threats of this new cen- The new DNI will be responsible for itself, only accomplish so much; imple- mentation will now be the crucial test, tury. I am pleased that Ambassador guiding our priorities. But this posi- Negroponte, appearing before the Sen- tion would not have been created had and the President must show the same level of commitment he demonstrated ate Select Committee on Intelligence, we not been attacked on our soil, on indicated he has heeded the advice September 11, 2001. The intelligence during the final push to pass the intel- ligence reform legislation in the last from many quarters, including the community has new consumers: the President’s WMD Commission, to push Department of Homeland Security, Congress. I am encouraged in this regard by the the envelope with respect to his new Federal, State and local government President’s remarks in announcing the authorities. officials, law enforcement and our Na- nomination of Ambassador Negroponte. Perhaps the most significant of these tion’s first responders. It is critical President Bush said: authorities is the DNI’s control over that these people have the information In the war against terrorists who target in- national intelligence funding, now they need to protect us. known as the National Intelligence Mr. Negroponte is highly qualified nocent civilians and continue to seek weap- ons of mass murder, intelligence is our first Program NIP. Money equals power in for this position and I am proud to sup- line of defense. If we’re going to stop the ter- Washington, or to paraphrase one of port his confirmation. But he cannot rorists before they strike, we must ensure the witnesses who testified before the do this alone. This and future adminis- that our intelligence agencies work as a sin- Senate Homeland Security and Govern- trations and the Congress must stay gle, unified enterprise. And that’s why I sup- mental Affairs Committee as we draft- engaged in and remain committed to ported, and Congress passed, reform legisla- ed the intelligence reform legislation, the hard work of intelligence reform. tion creating the job of Director of National former DCI James Woolsey: ‘‘The Gold- Intelligence. Mr. LIEBERMAN. Mr. President, I en Rule in Washington is that he who rise today to express my support for As DNI, John will lead a unified intel- ligence community, and will serve as the has the gold, makes the rules.’’ For in- this historic nomination of Ambas- principle advisor to the President on intel- stance, with respect to budget develop- sador John Negroponte to be the first ligence matters. He will have the authority ment, the bill authorizes the DNI to Director of National Intelligence to order the collection of new intelligence, ‘‘develop and determine’’ the NIP budg- named under the Intelligence Reform to ensure the sharing of information among et—which means that the DNI is the and Terrorism Prevention Act of 2004— agencies, and to establish common standards decision-maker concerning the intel- the most sweeping reform of the intel- for the intelligence community’s personnel. ligence budget and does not share this It will be John’s responsibility to determine ligence community in over 50 years. authority with any department head. With this appointment, we will finally the annual budgets for all national intel- ligence agencies and offices and to direct Once Congress passes the national in- have a single official with the author- how these funds are spent. Vesting these au- telligence budget, the DNI must ‘‘en- ity, responsibility, and accountability thorities in a single official who reports di- sure the effective execution’’ of the to lead a more unified and more inte- rectly to me will make our intelligence ef- NIP appropriation across the entire in- grated intelligence community capable forts better coordinated, more efficient, and telligence community whether the of avoiding the unacceptable intel- more effective. funds are for the CIA, NSA, the Federal ligence failures recounted in excru- Unfortunately, we had no single offi- Bureau of Investigation, or any ele- ciating detail by the independent 9/11 cial who effectively forged unity of ef- ment of the intelligence community.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4073 The Director of the Office of Manage- ner. And, if confirmed, the President’s leadership in Iraq, democracy has ment and Budget must apportion those nominee for Principal Deputy DNI, quickly taken root in the country and funds at the ‘‘exclusive direction’’ of NSA Director Lieutenant General Mi- I believe it will continue to grow. the DNI. The DNI is further authorized chael Hayden, will be a most valuable While the position of the Director of to ‘‘direct’’ the allotment and alloca- asset in leading the reform effort. National Intelligence is new to our tion of those appropriations, and de- We have largely provided Ambas- Government, I am confident that Mr. partment comptrollers must then carry sador Negroponte with the flexibility Negroponte will be successful in his en- out their responsibilities ‘‘in an expedi- to establish the Office of the DNI as he deavors to create a united intelligence tious manner.’’ In sum, the DNI con- sees fit in order to accomplish the goal entity. His experience and success in trols how national intelligence funding of reform. In addition to his Principal Iraq will serve him well in this new po- is spent across the executive branch, Deputy, he may appoint as many as sition. regardless of the department in which four other deputies with the duties, re- Intelligence reform is an issue that any particular intelligence element re- sponsibilities, and authorities he deems we know all too well. It has been wide- sides. appropriate. And, in addition to the ly addressed in a variety of government In order to marshal the necessary re- National Counterterrorism Center, bodies since September 11 and con- sources to address higher priority in- which is specifically mandated under tinues to be the topic of many debates. telligence activities, the DNI has sig- the legislation, Ambassador I commend President Bush in his ef- nificantly enhanced authorities to Negroponte is authorized to establish forts to directly confront this problem transfer funds and personnel from one national intelligence centers, apart and to create a more unified and effi- element of the intelligence community from any individual intelligence agen- cient intelligence apparatus. to another. And, in addition to these cy, to drive community-wide all-source I am confident the Senate will over- budget and transfer authorities, the analysis and collection on key intel- whelming confirm Mr. Negroponte. I legislation provides the DNI with many ligence priorities. These national intel- wish him well in his new position and new and increased authorities by which ligence centers have significant poten- with the daunting task of reforming to effectively manage the sprawling in- tial to shift the center of gravity in the our intelligence agencies. It is not an telligence community and force great- intelligence community from indi- easy one. Despite this challenge, I be- er integration and cooperation among vidual stove-piped agencies toward a lieve he will make our intelligence ef- intelligence agencies. The DNI has the mission-oriented integrated intel- forts better coordinated, more efficient power to develop personnel policies and ligence network. and more effective. programs, for example, to foster in- In sum, we have provided Ambas- Mr. SALAZAR. Mr. President, I rise creased ‘‘jointness’’ across the intel- sador Negroponte with the tools to get in support of Ambassador John ligence community—like the Gold- the job done. Now, with the backing of Negroponte’s nomination to be the water-Nichols Act accomplished in the the President, he must use those au- first Director of National Intelligence. military context. The DNI also has the thorities to transform the intelligence I am pleased President Bush filled authority to exercise greater decision- community as envisioned by the 9/11 this critical position, and pleased that making with respect to acquisitions of Commission, expected by Congress, and the Senate Intelligence Committee major systems, such as satellites, to needed for the security of the Amer- moved with such dispatch to move him task intelligence collection and anal- ican people. On September 11, 2001, it through the process. The Director of ysis, and to concur in the nominations became painfully evident that the National Intelligence will be one of the or appointments of senior intelligence threats we face as a nation had most difficult jobs in Washington. The officials at the Departments of De- evolved, and that our national security director will have to integrate infor- fense, Homeland Security, Treasury, structure needed to evolve accordingly. mation from 15 Federal agencies in- State, and Energy, the FBI, and else- Ambassador Negroponte will now have volved in gathering anti-terrorism in- where across the executive branch. the opportunity to help our intel- formation. More important than any individual ligence community meet these new se- To break down the boundaries that authority, however, is the sum total. curity challenges. I wish him well. fracture our intelligence community, There is no longer any doubt as to who Mr. BUNNING. Mr. President, I speak Negroponte will have to draw on more is in charge of, or who is accountable today on the nomination of John than 40 years’ experience in the For- for, the performance of the United Negroponte to be the first Director of eign Service. He served as U.S. ambas- States intelligence community. It is National Intelligence. I want to express sador to the United Nations from 2001 the DNI. Until exercised in practice, my full support for his confirmation. until last June, when he became the however, these authorities are simply John Negroponte is without question first U.S. ambassador to Iraq since the the words of a statute. And, unless ex- one of the most qualified public serv- 1991 Gulf War. He served in the U.S. ercised, they will atrophy. Timidity, ants to fill this position. Over the past Embassy in Vietnam from 1964 to 1968 weakness, even passivity are not an op- four decades he has continually worked and has been ambassador to Mexico, tion. History will judge harshly a DNI to advance American policy both do- the Philippines and Honduras. who squanders this opportunity to mestically and abroad. Mr. Negroponte is going to have to spread meaningful and lasting reform He is a career diplomat and served in take advantage of his closeness with across the intelligence community. the United States Foreign Service from President Bush to overcome some of And our national security depends 1960 to 1997. Among his most notable the institutional inertia within the in- upon it. posts are Vietnam, the Philippines, telligence community. However, I fully anticipate that Ambassador Honduras and Mexico. Negroponte cannot allow that close- Negroponte will rise to the occasion. After the Foreign Service, Mr. ness to be a double-edged sword. The He must, and I believe he will, hit the Negroponte was appointed as the U.S. DNI needs to be an independent voice. ground running, boldly face the inevi- Ambassador to the United Nations He needs to be able to withstand pres- table challenges and frustrations that from September 2001 until June 2004. sure from the President and report lie ahead, and aggressively assert the After that, he was confirmed over- threats to American security as they authorities with which he has been pro- whelmingly by the Senate as the first are, not as others want them to be. vided. But the DNI will not be alone. U.S. Ambassador to the new demo- I hope that Ambassador Negroponte With the full support of the President, cratic Iraq. will make it a priority to improve the the Joint Intelligence Community Throughout his ambassadorship in flow of accurate, timely and actionable Council—composed of the Secretaries Iraq, he received immense praise even intelligence to state and local security of State, Treasury, Defense, Energy, from the harshest of critics for his re- officials. Homeland Security, and the Attorney moval of corruption in the reconstruc- Right now, local officials—our front General—will advise the DNI and make tion effort in Iraq. He later oversaw, line in the battle for homeland secu- sure the DNI’s programs, policies, and what many deemed impossible—the rity—are getting intelligence from a directives are executed within their re- first successful Iraqi democratic elec- dozen Federal terrorism watch lists. spective departments in a timely man- tions. As we have seen through his They get conflicting or incomplete

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4074 CONGRESSIONAL RECORD — SENATE April 21, 2005 data or information that has no impact As has become increasingly clear the votes scheduled on the two amend- on them. They don’t have the resources over time, Saddam did not possess ments and final passage occur imme- and expertise to process intelligence, stockpiles of these terrible weapons diately following the vote on the form a complete picture of the threats and a number of questions have been Negroponte nomination. I ask that all they face, and what steps they can raised about whether the administra- votes in the sequence after the first be take. tion shaped or misused the available limited to 10 minutes in length and We need to move away from a ‘‘need- intelligence. that there be 2 minutes for debate to-know’’ intelligence culture to a Never again should a Secretary of equally divided between the votes. Fi- ‘‘need-to-share’’ one. State and local State be sent in front of the United Na- nally, I ask unanimous consent that emergency officials represent more tions to make the President’s case for following this consent, the Senate pro- than 800,000 sworn law enforment offi- war based on evidence that was so ter- ceed to a period for morning business cers and 95 percent of America’s ribly flawed. with Senators permitted to speak for counter-terrorism capability. They are If Ambassador Negroponte can pre- up to 10 minutes each. on the front lines of the war on terror vent such misuse of intelligence, and The PRESIDING OFFICER. Is there and they need better information in speak truth to power, he will be a suc- objection? order to protect us. cessful Director. Without objection, it is so ordered. I recognize that will be difficult to If Ambassador Negroponte is to suc- The PRESIDING OFFICER. The Sen- do, and I also recognize that the solu- ceed in developing the right intel- ator from Oregon. tions to this problem will require new ligence and ensuring that it is used Mr. SMITH. Mr. President, I ask thinking. But after serving with Colo- properly, he will have to dramatically unanimous consent that I be allowed to rado’s police officers for 6 years as At- transform our intelligence agencies. speak as in morning business. torney General, I also know that the In the intelligence reform bill we The PRESIDING OFFICER. Without current system of information and in- passed last year, we demanded that objection, it is so ordered. telligence sharing is absolutely insuffi- someone take charge of improving the cient. We can do better—and we must intelligence agencies’ performance. In f do better. that bill, we gave him the tools and the MORNING BUSINESS Mr. REID. Mr. President, I rise to ex- mandate needed. press my support for the nominations Working with his Deputy Director, of Ambassador John Negroponte and General Hayden, who has nearly 3 dec- THE BOLTON NOMINATION General Michael Hayden to be Director ades of experience in transforming in- and Deputy Director of National Intel- telligence as a military officer, I ex- Mr. SMITH. Mr. President, I rise ligence. pect Ambassador Negroponte to trans- today to speak in behalf of John Bolton The Senate’s swift action on these form the intelligence community. to be the U.S. Permanent Representa- two nominations is but the latest ex- The first step in this critical trans- tive to the United Nations. I know this ample of how the Senate’s confirma- formation must be to dramatically im- nomination is gaining controversy. Yet tion process should work, and, for the prove our intelligence collection capa- the more I listen to it, I realize there vast majority of President Bush’s bilities, especially our human intel- may be an attempt to kill his nomina- nominees, has worked. tion from a thousand cuts. It is really a simple formula for suc- ligence efforts, against the 21st century threats of terrorism and the prolifera- It is not unusual in this town to see cess: the President puts forward good, someone with a strong personality qualified nominees and the committee tion of weapons of mass destruction. I hope these nominees will maximize being subject to all kinds of innuendo of jurisdiction and the full Senate act and charges and hearsay. Certainly all expeditiously to approve the nomina- their use of the strong, new authorities Congress provided them in last year’s of these things warrant investigation tion. so that the Senate can perform its ad- In nominating Ambassador John bill. Our Nation’s security rests in vise and consent duty. However, I Negroponte and General Michael Hay- large measure on their efforts. I wish think it is also very important we re- den to be Director and Deputy Director them every success in their endeavors. member the President’s right to nomi- of National Intelligence, the President The PRESIDING OFFICER. The Sen- has put forward people with long years ator from West Virginia. nate the individuals he believes are im- of dedicated service to the country. Mr. ROCKEFELLER. Mr. President, portant in order to pursue his policies Some have concerns about Ambas- if there is no other Member on our side after his election, an election he sador Negroponte’s previous service on who wishes to speak, I yield back the earned at the ballot box, and the right Latin American issues, and these ques- remainder of my time. conferred upon him by the Constitu- tions are certainly legitimate to ex- Mr. WYDEN. I may be the only one tion. plore. with time remaining and I yield back I rise here not as an opponent of the Ambassador Negroponte and General the remainder of my time as well. United Nations, but as one deeply dis- Hayden are men who have wide support The PRESIDING OFFICER. The Sen- appointed in the United Nations in the across both parties, men who have ator from Kansas. 9 years in which I have served as a Sen- proven track records as professional Mr. ROBERTS. I suggest the absence ator. The U.N. is going through a chal- public servants. of a quorum. lenging period, one that is raising ques- Together, these two men are good The PRESIDING OFFICER. The tions about its effectiveness and ability choices for the important new posi- clerk will call the roll. to fulfill its mission on a global scale. tions at the top of our intelligence The legislative clerk proceeded to New and unprecedented challenges face community. call the roll. the United States and our allies. We With Ambassador Negroponte’s re- Mr. ROBERTS. Mr. President, I ask cannot solve all the world’s problems cent experience in Iraq, long experi- unanimous consent that the order for on our own. We need to continue to ence in diplomatic matters, and years the quorum call be rescinded. work with our allies to combat threats of time as a ‘‘customer’’ of intel- The PRESIDING OFFICER. Without around the world, especially the threat ligence, I am hopeful he will focus on objection, it is so ordered. of terrorism and the spread of weapons improving how intelligence is used. Mr. ROBERTS. Mr. President, I yield of mass destruction, for those two fac- It is essential that he put in place back all time on the pending nomina- tors in combination probably pose the the personnel and processes necessary tion, other than the 5 minutes that will greatest security threat to our Nation to help the intelligence community be reserved for Senator STEVENS; pro- and the civilized world. avoid future colossal failures like Iraq, vided further that the vote on the con- An efficient and effective United Na- where in an effort to make the case for firmation of the nomination occur at tions can still play a valuable role in the use of force there, the President 3:45 today. I further ask that at 3:30 world affairs. The U.N. demonstrated and the intelligence community re- today the Senate resume consideration this by its response to the tsunami dis- peatedly asserted that Saddam pos- of the emergency supplemental bill for asters that befell Indonesia, India, Sri sessed weapons of mass destruction. the final 15 minutes of debate and that Lanka, Thailand and the other nations

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4075 in the Indian Ocean. The United Na- the job done and help the U.N. to because he can be confrontational. tions can still serve an integral human- change. Under Secretary Bolton has, with all itarian function. Its success in coordi- I believe John Bolton’s personality, the slings and arrows directed his way, nating relief efforts is helping the re- while not perfect for everyone, will served his country with honor and dis- gion to recover from its tragedy. I am work in a manner that will create tinction at many different times. He also pleased with the U.N.’s establish- change leading to needed reforms. has been an effective diplomat, enjoy- ment of new levels of oversight to mon- Frankly what you need in this capacity ing a strong record of success, and has itor how enormous levels of humani- is probably a strong backbone more demonstrated his enthusiasm for work- tarian assistance are distributed to than a winning personality. He under- ing with other countries to meet com- needy people. stands the strengths and especially the mon challenges. Unfortunately, the U.N. can, and weaknesses of the U.N. At no time in When one reviews John Bolton’s cre- should, and must be more and do more. the history of the United Nations has dentials, it is clear he is extremely We have a United Nations that is trag- reform been as needed as right now. qualified to be United States Ambas- ically rife with corruption and mis- The United States, as the leading con- sador to the United Nations. I say that management. It is an organization that tributor to the United Nations’ budget, without any commentary at all on his is starting now to admit its problems. must take the lead in setting forth the personality. As an Assistant Secretary That is a positive. But it seems incapa- necessary reforms. for International Organizations from ble of addressing these issues in any The United Nations is losing respect, 1989 to 1993 in the first Bush adminis- meaningful way. not only in the United States but tration, Under Secretary Bolton The international community has throughout the world. The United Na- worked for Secretary James Baker on been rocked by scandals involving the tions has a serious legitimacy problem. U.N. reform matters and on the repay- United Nations. The most obvious ex- I remember hearing the Secretary Gen- ment of arrearages and assessments. ample of its malfeasance, of course, is eral saying legitimacy comes uniquely While serving as the Assistant Sec- the Oil-for-Food Program. As you from the United Nations. I wish it did. retary for International Organizations, know, the U.N. was responsible for But it does not. Legitimacy comes he detailed his concept of a unitary overseeing the Oil-for-Food Program, from democracy and processes that are U.N. that sought to ensure manage- which was established to provide relief open and transparent and free from ment and budget reforms that im- to the Iraqi people suffering under Sad- corruption and, when corruption is pacted the entire U.N. system, not only dam Hussein’s brutal regime. Instead, found, rooted out through the process the U.N. Secretariat. This is truly a it allowed—and possibly even di- of law. forward thinking initiative. This is the rected—the incredible scheme of kick- The Security Council—and I think type of creativity and resourcefulness backs, bribes, and other financial the American people understand this— we need in order to address the enor- crimes that may have even enriched is not a place where Americans can mous problems within the United Na- some members of the U.N. bureauc- find security. In some of the worst tions. In 1991, Under Secretary Bolton was racy. cases of genocide in our planet, it has the principal architect behind the ini- The United Nations peacekeepers, been idle, unable, unwilling, and too tiatives that finally led the United Na- sent to provide some semblance of se- gridlocked to stand up to some of the tions General Assembly to repeal the curity to war-torn countries, have been worst human crime in our time. resolution that equated Zionism and accused of such crimes as rape, child It sets high standards for itself and racism, one of the more notorious and molestation, and sexual abuse in the then sits on its hands while genocide heinous resolutions ever passed by the Democratic Republic of Congo, the Bal- occurs in places such as Rwanda and in United Nations. Imagine this: The kans, and in Haiti. the Sudan. Countries that harass their United Nations, created out of the High-ranking United Nations offi- people, that imprison those who clamor ashes of World War II, passing a resolu- cials have been accused of sexual har- for democratic rights, that thwart all tion in 1975 equating Zionism with rac- assment. The U.N. High Commissioner efforts at civilized behavior, have the ism and refusing for nearly 20 years to for Refugees, Ruud Lubbers, was re- same voting power as those with free, repeal that appalling notion. cently removed from his post because democratic societies. During his time out of Government, of sexual harassment. I wish it was the United Democratic Mr. Bolton served the United Nations To tackle this challenge, on March 7, Nations but, it tragically is not. Legit- on a pro bono basis between 1997 and 2005, President Bush nominated John imacy is given to the United Nations 2000, as an assistant to former Sec- Bolton to be the Permanent United Na- from countries such as the United retary of State Baker in his capacity tions Representative for the United States. We do not need a stamp of ap- as the Secretary General’s personal States. I believe Mr. Bolton can help proval from the U.N. to act, but the envoy for Western Sahara, working to produce a more effective and efficient U.N. does need the stamp of approval resolve the dispute over that terri- U.N., a stronger U.S.-U.N. relationship, from its member states before it can tory—quite an effort from someone and a U.N. that lives up to its founding act. who does not believe in the power of principles and ideals. How can one not doubt the legit- multilateralism and international or- I do not know Mr. Bolton. I have imacy of the United Nations when a ganizations, which is alleged against shaken has hand, I believe, on one oc- human rights stalwart such as Libya, him but is not true. casion. But as I have reviewed his or Cuba, is appointed to chair the For the past 4 years he has served as record of accomplishment and his an- Human Rights Commission and the the Under Secretary of State for Arms swers to the Senate Foreign Relations United States is removed? Or Iran is Control and International Security Af- Committee, on which I once was privi- chairing the Disarmament Commis- fairs. Under Secretary Bolton led the leged to serve, it is clear to me he is in- sion? The question answers itself. efforts to implement the President’s telligent. I believe he is honest. He is With the 60th anniversary of the agenda to counter nonproliferation, in- certainly candid. These are qualities I United Nations approaching this sum- cluding the reform of the International think that can help him help the mer, though, we have a real oppor- Atomic Energy Agency. United Nations. tunity to encourage the U.N. to change He also shaped the administration’s When we think back on U.N. ambas- its ways, to live up to its founding approaches to countering the threat of sadors from our Nation, those willing ideals. The United States must take WMD proliferation and, most impor- to shake things up have been most the lead in helping to reform the tantly, the proliferation security ini- meaningful in helping the U.N. to live United Nations. This is the only way tiative, a program that led directly to up to its high purposes. The name of the U.N. can fulfill its original promise the discovery of Libya’s nuclear pro- our former colleague, Daniel Patrick of promoting international peace and gram and its subsequent disarmament. Moynihan, comes to mind. Jeanne security. John Bolton is the best candidate to Kirkpatrick also comes to mind. These John Bolton may or may not be the help usher in this needed reform be- are two who were not afraid to step on perfect nominee. That is not my point. cause he is the one the President nomi- toes or to do what was necessary to get But I think he can be effective simply nated and he has a long record of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4076 CONGRESSIONAL RECORD — SENATE April 21, 2005 achievement. He knows the United Na- basis of intelligence that was erro- NUCLEAR OPTION tions. He knows the changes that need neous—that we send a message to the Mr. KERRY. Mr. President, I will to be made, and with his prior experi- world about the credibility of that speak about the second issue I would ence he can work with fellow members spokesperson and the United States like to talk about. of the U.N. and to implement the nec- itself. If that spokesperson comes to The Republican nuclear option has essary reforms. the job with a background of having been discussed endlessly on editorial My mother used to tell me when I interfered with the work of analysts in pages, talk radio, and here in this was a little boy, got in trouble and the State Department in the research Chamber. The ongoing debate is about punished: Son, it is better to be trusted and the intelligence research depart- much more than Senate procedure. At than loved. Frankly, if Mr. Bolton is ment, or if that person comes to the its core is a debate, really, about where feared, while not loved, he may do job with proof that there is, in fact, a we are headed in our relationship be- more good than if he is loved and get- retribution system for not providing tween each other, Republicans and ting along with all. With all the prob- the intelligence according to what that Democrats, leaders all sworn to uphold lems illustrated with the United Na- person wanted—not according to what the Constitution and with the responsi- tions, why would we want to send the intelligence was—that is a prob- bility to try to lead this Nation in dif- someone to New York who is more in- lem. It is a serious problem. ficult times and find the common terested in the status quo than with If the nominee was not candid with ground and build a consensus for our engaging this institution with real re- the committee under oath before which country. form for its organizations. he appeared, that is a serious problem. At its core is a debate about how we Again, I don’t know Mr. Bolton per- It is not politics. There will be a lot live out our own democracy in Amer- sonally. His personality is probably more time to discuss this over the ica. Beneath it are questions about how much different than my own. But I do course of the next days. The com- this city, the Nation’s Capital, is func- know the President has a right to ap- mittee, to its credit, is going to do tioning today, how we relate to each point whom he will appoint. Unless what is appropriate, which is examine other, how our committees work, how something is unearthed that disquali- these issues. Every member of the com- the Senate itself functions. It appears fies him because of his conduct, then mittee is duty-bound and will review as if we are headed in a direction that all the innuendo, the hearsay, and the that evidence with diligence, an open ultimately clashes with the real will charges made against him that are ‘‘he mind, and honesty. That is all we can and needs of the American people. That said, she said’’ need to be understood in ask. is what this is really all about. We should not be reducing every the long tradition in this town of kill- The fact that we are even talking question, particularly legitimate ques- ing one by 1,000 cuts, simply for polit- about this nuclear option is a stark re- tions, to the sense of politics. It is a ical gain. minder that Washington is not caught mistake. It is a mistake for the quality We owe this country and especially up fighting for the broader interests of of the government we are trying to the United Nations, something better the American people, that we are not provide the American people. It is a than an effort of blood sport in the spending most of our time consumed by mistake with respect to our constitu- Senate. Unless something is quickly the things that affect the lives of aver- tional obligations when we go up to unearthed about Mr. Bolton, I ask my age Americans—losing their jobs, see- this desk and raise our hand and swear ing more expensive health care, watch- colleagues to advise and consent on to uphold the Constitution of the this nomination and to confirm him as ing jobs go overseas, seeing the deficit United States. grow, seeing the trade deficit grow, quickly as possible because the work of It is not the first time in American wondering about the health care sys- reform at the United Nations is long history a nominee has been ques- tem of our Nation, schools where our overdue. tioned—Democrat or Republican. It is I yield the floor. appropriate to perform that function. kids still have teachers who dig into The PRESIDING OFFICER. The Sen- I heard colleagues on the committee their pockets in order to take out of ator from Massachusetts. say in the beginning, this is only one their not-so-great salaries to put mate- Mr. KERRY. I ask unanimous con- offense. If there were a pattern, I would rials in front of those kids so they can sent—I will not speak that long—to be disturbed by this. Lo and behold, in study—while we here make other proceed for such time as I may con- the next day, a pattern appeared, and choices. sume. all of a sudden the ‘‘pattern’’ people From the outside looking in, our de- The PRESIDING OFFICER. Without disappeared. It was not a question of if mocracy appears broken to an awful objection, it is so ordered. there is a pattern, it was now, well, the lot of Americans. It certainly seems to Mr. KERRY. I ask unanimous con- President has a right to make his be endangered by a one-party rule—not sent my comments be separated. I will choice. Another reason and rationale a supermajority, a simple majority—in make a few comments about Secretary was found. a very closely divided Nation, a party Bolton and ask that they are separated I don’t even know why we get into rule that seems intent on amassing and appear separately in the RECORD. such a partisan tizzy about it. The power to be able to effect its will no The PRESIDING OFFICER. Without other side of the aisle ought to care as matter what, often at the expense of objection, it is so ordered. much as we do who is there or who is the real work and the real needs of the Mr. KERRY. Mr. President, I will say not there. We have had nominees in the American people. a few words about Secretary Bolton. course of time that I have been here Now, in recent weeks alone, we have The Senator from Oregon and I are who have not been confirmed or who witnessed a really disturbing course of good friends and we have known each were not confirmable, some of whom events, probably as disturbing as I have other a long time in the Senate and were delayed endlessly. I remember seen in the 22 years I have been privi- have worked together on a number of what a good friend of mine, Richard leged to serve here. Republican leaders issues. As he well knows, the issue that Holbrooke, went through in the process of Congress, in my judgment—I say defines the Bolton nomination is not of his nomination. Senator Helms had this respectfully—are crossing lines I politics. It is not ‘‘death by 1,000 cuts.’’ him jumping through hoops for months think should not be crossed: the line It is an examination of the record of an looking at his financial records and his that says a leader of the House of Rep- individual who has been nominated for transactions, none of which occurred in resentatives should never carelessly one of the largest embassies in the the course of his public business, but, threaten or intimidate Federal judges; world, one of the most important nevertheless, that is what happened. the line that says the leader of the spokesperson jobs in the world, one of And he patiently went through it. And Senate should never accuse those who the most important diplomatic jobs in we patiently worked through it. Ulti- disagree with his political tactics of the world. mately he was confirmed and I think waging a war against people of faith; It is vital, in the aftermath of Sec- he did an outstanding job for the coun- the line that says respect for core con- retary Powell’s testimony to the try as a consequence of that. stitutional principles should never be United Nations—which he now has pub- So I think it is time to find a dif- undermined by a political party’s agen- licly acknowledged was in error, on the ferent path here. da; most important of all, the line that

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4077 says that a political party’s leader admiring and respecting his independ- spending the people’s time defending should never let the hunger to get done ence. TOM DELAY, or are they going to de- whatever that political agenda is over- Open your eyes across this country fend America and defend our democ- shadow the needs and the interests of and look at what is happening in the racy? respecting both the Constitution and Congress today, and you are quickly Will Republican Senators let their si- the will of the American people. reminded that some of those who run lence endorse Senator FRIST’s appeal to It is, frankly, almost hard to believe this city have chosen to do so in a way religious division, or will they put that in a Congress where leaders of that does not seek to find that common principle ahead of partisanship and both parties once worked together to ground, that does not try to stay in refuse to follow him across that line? find common ground despite ideolog- touch with the mainstream values but Will they join in an effort across the ical differences, we face this. If Everett pushes a narrower set of priorities. aisle to heal the wounds of this institu- Dirksen were here, or Hugh Scott, peo- What does it tell you when an embat- tion and begin addressing the countless ple I was privileged to meet as a young- tled majority leader of the House is challenges that face this Nation? It is er American when I was looking at the willing to go on talk radio and attack time to come together to fulfill our system, I think they would shudder at a Supreme Court Justice, let alone a fundamental obligations to our sol- this relationship we see today. Supreme Court Justice appointed by diers, our military families who have Yesterday, when JIM JEFFORDS an- Ronald Reagan, confirmed by a nearly sacrificed so much. It is time to bring nounced his retirement, I remembered unanimous Senate, a Justice who ruled down gas prices and to move America the very different words about a dif- in favor of President Bush in Bush v. toward less dependence on foreign oil. ferent Washington that JIM captured so Gore? Ronald Reagan’s nominee to the It is time to find common ground to eloquently about 4 years ago. He spoke highest court in the land cannot even cover the 11 million children in this of a political tradition where leaders escape TOM DELAY’s partisan assaults. country who have no health insurance represented their States first. They Yet here on the floor of the Senate at all. Are we willing to allow Wash- spoke their minds, he said, often to the there is no outcry, no moderating Re- ington to become a place where we can dismay of their party leaders. And they publican voice willing to say this rewrite the ethics rules to protect TOM did their best to guide this city in the shocking attack has no place in our de- DELAY but sell out the ethics of the direction of our fundamental prin- mocracy. American people by refusing to rewrite ciples. I guess none of this should be a sur- a law to provide health care to every It is underscored by what happened prise when the majority leader an- child in the country? Are we willing to in the Foreign Relations Committee nounces what he is going to do on this allow the Senate to fall in line with the just the other day. Our distinguished Sunday. The majority leader plans to majority leader when he invokes faith, OINOVICH colleague, Senator V , had the headline a religious service devoted to all of our faiths over here? JOE LIEBER- courage to think. He had the courage defeating, and I quote, ‘‘a filibuster MAN is a person of faith. HARRY REID is to tap into his own conscience and to against people of faith.’’ a person of faith. They don’t believe we respect that tradition of thought and Mr. President, I resent that. I am a should rewrite the rules of the Senate. individualism in the Senate. But it was person of faith, and I do not believe we And we certainly should not allow this astonishing the reaction of the press, should lose our right to have a fili- to be an issue of people who believe in the reaction of the commentators, the buster to stop things that we disagree the Constitution somehow challenging reaction of partisans, the reaction of with, according to the rules of the Sen- the faith of others in our Nation. members of his own party, who under- ate. It has nothing to do with faith. Are we going to allow the majority scored how rare, how absolutely out of And when the leader of the Senate leader to invoke faith to rewrite Sen- order and how out of the sequence it questions how any Senator applies ate rules to put substandard extremist was for this Senator to individualize their faith in opposing procedures of judges on the bench? Is that where we his judgment, all of a sudden. the Senate, we are going too far. You are now? It is not up to us to tell any Senator VOINOVICH is now being go beyond endangering the rules that one of our colleagues what to believe as vilified on talk radio and on the Inter- protect the cherished rights of the ma- a matter of faith. net for having the audacity to say that jority and the minority; you wind up he felt uncomfortable casting a vote challenging the foundation of our de- I can tell you what I do believe without enough information. He did mocracy and of how this Senate is sup- though. When you have tens of thou- not say he planned to vote against the posed to work. sands of innocent souls perished in President’s nominee; he said he just Make no mistake, this may be an iso- Darfur, when 11 million children are wants to make an informed decision on lated issue, but the rights of the minor- without health insurance, when our co- the matter, a matter of great impor- ity are fundamental to our democracy. lossal debt subjects our economic fu- tance. That does not seem very con- Many people have written that the real ture to the whims of Asian bankers, no troversial to me. But, oh, boy, are the sign of a democracy is not the rights of one can tell me that faith demands all attack folks out. The daggers are out. the majority. It is the rights of the mi- of a sudden that you put the Senate in Senator VOINOVICH is persona non grata nority that are, in fact, a signal of a a position where it is going to pull among certain circles. truly strong and vibrant democracy, itself apart over the question of a few Senator CHAFEE actually said he had and diluting those rights is a threat to judges. No one with those priorities has never seen such an act as Senator that vibrancy. a right to use faith to intimidate any VOINOVICH’s in his 4 years in Wash- Forces outside the mainstream now one of us. ington. What a terrible comment on seem to effortlessly push Republican It is time we made it clear that we the way this place works today, that a leaders toward conduct that the Amer- are not willing to lie down and put this new Senator has not seen an act of in- ican people do not want in their elected narrow, stubborn agenda ahead of our dividual conscience where a Senator leaders—inserting the Government into families, ahead of our Constitution, thinks something through and realizes our private lives, injecting religion and ahead of our values. The elected he is not prepared and wants more in- into debates about public policy when leadership in Washington owes the formation. Before the era of C–SPAN it does not apply, jumping through American people and this institution and 24-hour news and 24-hour attack hoops to ingratiate themselves to their better than this. and the World Wide Web, Senators party’s base—while, step by step and What is at stake is far more than the showed the courage and the independ- day by day, real problems that keep loss of civility or the sacrifice of bipar- ence all the time. Senators did not Americans up at night fall by the way- tisanship. What is at stake is our val- think twice about acting on their con- side here in Washington. ues, both as a country and an institu- science ahead of partisanship. And We each have to ask ourselves, Who tion, respecting the rights of the mi- today, it is a statement that Senator is going to stop it? Who is going to nority, separation of church and state, VOINOVICH is subject to widespread stand up and say: Are we really going honesty and responsibility. denigration in partisan circles, when to allow this to continue? Are Repub- Every one of us knows there is no Americans ought to be standing up and licans in the House going to continue real crisis in the confirmation of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4078 CONGRESSIONAL RECORD — SENATE April 21, 2005 judges or judicial nominations, when of the quality of the exchange between office, to determine what it needs in over 90 percent of the President’s nomi- both sides of the aisle in this institu- order to function properly at the begin- nees have already been confirmed, 205 tion. That is not what this Senate is ning, and to set the course for this new out of 215 total. What is really at stake renown for. It is called the greatest de- intelligence agency. is something a lot greater, a struggle liberative body in the world, a place So I am here to urge that the Senate between a great political tradition in where people on both sides can find the promptly approve this nomination and the United States that seeks common common ground and get good things confirm John Negroponte so he can ground so we can do the common good, done. start on this very important task. and a new ethic that on any given issue I think Senator MCCAIN has said pub- I yield the floor. is prepared to use any means to justify licly: We are not always going to be in The PRESIDING OFFICER (Mr. the end of absolute victory over what- the majority. COLEMAN). The Senator from Arizona is ever and whoever stands in the way of That has been the course of history recognized. that ethic; a new view that says if you here. What goes around comes around. Mr. MCCAIN. Mr. President, I asso- don’t like the facts, just change them; That is part of the respect that has al- ciate myself with the remarks of the if you can’t win playing by the rules, ways guided this institution. We need senior Senator from Alaska concerning just rewrite them; a new view that says to work harder, all of us, to restore the qualifications of John Negroponte. if you can’t win a debate on the what the American people want and Both the Senator from Alaska and I strength of your argument, demonize haven’t had for too long. That is a have known him for many years and your opponents; a new view that says it Washington that works for them. his service is one of great distinction. I is OK to ignore the overwhelming pub- I yield the floor. am confident he will receive the en- lic interest as long as you can get away f dorsement of an overwhelming major- with it. For what? For a so-called nu- ity of the Senate. NOMINATION OF JOHN clear option over a few judges, an op- NOMINATION OF JOHN BOLTON NEGROPONTE tion that seeks to put extreme, sub- Mr. MCCAIN. Mr. President, I rise to standard judges on the bench against The PRESIDING OFFICER. The Sen- discuss the nomination of John Bolton the will of the American people. ator from Alaska. as ambassador to the United Nations. Is it worth undermining our democ- Mr. STEVENS. Mr. President, I come We all know, somewhat unexpectedly, racy on behalf of Priscilla Owens, who to the floor to talk about my good Mr. Bolton’s nomination has been held took contributions from Enron and friend, John Negroponte. I have known pending further discussion and consid- Halliburton and then ruled in their him and Diana and their children—Ma- eration by the Foreign Relations Com- favor? A conflict? Is it worth this dis- rina, Alejandra, John, George, and So- mittee. traction from the people’s business to phia—for quite some time. I think the I want to say I strongly support Mr. confirm a Charles Pickering who Nation is very lucky to have a man of Bolton’s nomination. He has been con- fought against implementing the Vot- the caliber of John Negroponte on firmed by the Senate four times in the ing Rights Act and manipulated the ju- deck, so to speak, and willing to take past. He is a smart, experienced, hard- dicial system to reduce the sentence of the assignment of being the new Direc- working, and talented man, and he a convicted cross burner? Is it worth tor of National Intelligence. He has had knows the United Nations. He is not a throwing out 200 years of Senate tradi- considerable experience as an ambas- career diplomat, but neither was Jean tion to defend William Myers, Janice sador. Rogers Brown, and Bill Pryor whom Kirkpatrick. He is not a career dip- I remember full well the first time I lomat, either by profession or tempera- numerous members of the impartial met him was in Honduras when he was American Bar Association deemed un- ment, but then the role of ambassador the Ambassador there. We had a rather to the U.N. has always required some- qualified? severe problem, as people will recall; The fact that we even have to debate thing special. A look back at some of we called them the Contras. But I got a nuclear option over these judges tells the personalities who have held the to know him fairly well in the time we you this is all about power, about vic- job—from Adlai Stevenson to Daniel tory, about a sort of unchallenged abil- were down there. When he returned to Patrick Moynihan, from Madeleine ity to be able to do whatever you want, Washington, I met his wife and was Albright, to Jean Kirkpatrick, to Rich- despite the fact that that is not the with him and spent time with him on a ard Holbrooke—shows that directness way it works here and that is not the family basis. I have spent time with and forcefulness are assets, not hin- way our Founding Fathers intended it him now in his various positions he has drances, to effectiveness there. to work. had since that time, at the U.N. and in We all know Mr. Bolton is perhaps It is time to put Americans back in Iraq. not the world’s most beloved manager, control of their own lives and put He is a man of great talent and nor one to keep his temper entirely Washington back on their side. That depth. I believe there are many of us— under wraps. Perhaps, Mr. President, means restoring accountability, ac- and I am one of them—who had severe that evokes a certain sympathy and countability for false promises, ac- questions about the direction we were empathy from this individual, although countability for failure to address taking in terms of this new Director of it is well known that on no occasion issues that we have promised to ad- National Intelligence and how it would have I ever become emotionally in- dress, ranging from energy independ- relate to existing agencies and to the volved in anything. ence to military families who just lose State Department and to the Depart- I am sorry about a little levity here. their benefits when they are called to ment of Defense and to the National Seriously, I ask my colleagues is it duty and struggle with their families, Security Agency and all others who are unique to Mr. Bolton to be strong in accountability for fiscal insanity, for involved in intelligence and relate to his views and opinions? If a temper and record deficits, for mounting debts. those in the Congress who have the an unorthodox management style were That is the debate we owe the Amer- oversight responsibility for the intel- disqualifiers from Government service, ican people, accountability for 45 mil- ligence function and for the classified I would bet a large number of people in lion Americans who have no health areas of the activities of our Nation. Washington would be out of a job. care and middle-class Americans who John Negroponte is a man who can do It is worth wondering not whether are one doctor’s bill away from bank- this job. He is a man of great talent. Mr. Bolton is a mild, genteel dip- ruptcy, especially the 11 million chil- But more than that, he has dem- lomat—we know he is not—but rather dren who have no health care at all. onstrated the ability to work with peo- whether he is the representative we That is what the American people want ple and various entities, not only here need at the United Nations. We need an us to debate with passion, not the rules in our country but throughout the ambassador who truly knows the U.N. of the Senate but the legitimacy and world. This new Director of National We need an ambassador who is willing the substance of those choices. That is Intelligence could well become the to shake up an organization that re- what we ought to do. most important Cabinet position we quires serious reform. No one knows Any Senator who has been here for a have in the years to come. John better than the Senator from Min- period of time has watched the decline Negroponte is the man to fashion that nesota, who is in the chair, who has

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4079 been heavily involved in the issues of sonality, in my view, and a knowledge- Mr. COCHRAN. Mr. President, I ask the U.N. We need an ambassador who able one to help bring about those re- unanimous consent the order for the has the trust of the President and the forms. quorum call be rescinded. Secretary of State. Mr. Bolton, it But without hard work and pressure, The PRESIDING OFFICER. Without seems to me, has what it takes for the nothing will happen. Over the years, objection, it is so ordered. job. the U.N. has proven itself to be re- f I am reminded, on the judges issue markably resistant to change. I believe EMERGENCY SUPPLEMENTAL and in this issue, elections do have con- John Bolton could provide the medi- APPROPRIATIONS ACT, 2005 sequences. I believe there are signifi- cine the United Nations needs. cant numbers of the American people As I mentioned earlier, elections The PRESIDING OFFICER. Under who do take into consideration the have consequences, and one con- the previous order, the Senate will re- consequences of a Presidential elec- sequence of President Bush’s reelection sume the pending business, which the tion, and that is the earned right of a is he actually should have the right to clerk will report. President, under anything other than select officials of his choice. I stress The legislative clerk read as follows: unusual circumstances, to pick his this because the President nominates A bill (H.R. 1268) making emergency sup- team. There were nominees of the pre- not the Democrats’ selection, nor plemental appropriations for the fiscal year vious Clinton administration I didn’t mine, nor that of any other Senator, ending September 30, 2005, to establish and rapidly implement regulations for State agree with, I would not have selected but his own choice. I mentioned that but because President Clinton was driver’s licenses and identification document when President Clinton was elected, I security standards, to prevent terrorists elected President, I voted for his nomi- didn’t share the policy views of some of from abusing the asylum laws of the United nees on that basis. the officials he nominated, but I voted States, to unify terrorism-related grounds The U.N. is a vital organization to to confirm them, knowing the Presi- for inadmissibility and removal, to ensure the world and to the national interests dent has a right to put into place the expeditious construction of the San Diego of the United States. It is not perfect team he believes will serve him best. border fence, and for other purposes. by any means, and John Bolton knows The Foreign Relations Committee is Pending: this. There has been talk that the nom- examining whether Mr. Bolton has en- Ensign amendment No. 487, to provide for ination of Mr. Bolton was an indication gaged in truly unacceptable behavior additional border patrol agents for the re- of the administration’s disdain for mul- that would disqualify him for office. I mainder of fiscal year 2005. Bayh amendment No. 520, to appropriate tilateral diplomacy. I cannot believe believe, unless we see a pattern of inap- Mr. Bolton wishes to be dispatched for an additional $213,000,000 for Other Procure- propriate conduct—which so far I have ment, Army, for the procurement of Up-Ar- 4 years to an ineffective body, unloved not—I believe the Senate must move by the United States. I do believe he mored High Mobility Multipurpose Wheeled forward expeditiously to confirm John Vehicles (UAHMMWVs). wants to work actively to reform the Bolton as America’s ambassador to the The PRESIDING OFFICER. There is U.N., make it stronger and better. Mr. United Nations. Bolton, seeing clearly the U.N.’s now 15 minutes equally divided. Who Mr. President, as I criticize some of strengths and its weaknesses, will be yields time? the activities of the U.N., there are well positioned to improve the organi- The Senator from Massachusetts. other activities of the U.N. going on as zation and America’s relationship with AMENDMENT NO. 520 we speak that I think require Amer- him. Mr. KENNEDY. Mr. President, I yield ica’s presence. The situation in Darfur, As the Chair well knows, what kind myself 3 minutes. Sudan, for example, is one that cries of a U.N. is it that has Libya, Cuba, In December, just a few months ago, out for American participation in the and Zimbabwe as part of its Human the Secretary of Defense on a visit to decisionmaking process because one Rights Commission? Is it all right with Iraq was asked by a soldier why our could draw a scenario where under ex- the U.N. today? We are seeing more troops were sent into battle with treme circumstances, to prevent geno- and more indications of the Oil-for- unarmored vehicles. cide, American troops, or certainly Food scandal which, again, the Senator It was a question on the minds of American support in the form of logis- from Minnesota, the Chair, has care- many Americans—especially those tics and other areas, could be heavily fully examined. There is a crying need with sons, daughters, husbands, wives, involved, as well as expenditure of for reform. friends, and neighbors who had an- I am pleased the Secretary General of American tax dollars, which already swered their country’s call and whose the U.N. has made proposals for re- constitutes a significant portion of the lives are on the line every day in Iraq form. I support those and believe per- financing of the United Nations. and Afghanistan. haps we need more. Again, it seems to So I hope we can set a time and date The American people are appalled me Mr. Bolton sees clearly the certain for a vote on Mr. Bolton. As I that our troops have had to fend for strengths and weaknesses, and he said, if somebody has information that themselves by strapping plywood and would be well positioned to help in this would disqualify him, that is fine. I scrap metal onto their vehicles. Our reform effort. Let’s not forget that it don’t think he or anybody else deserves troops call them ‘‘cardboard coffins.’’ desperately needs improving. It is hard a long, drawn-out, exhausting process As one soldier who served in Iraq said, to take an organization that has coun- which damages our ability to partici- ‘‘I would feel safer in a Volvo than I tries such as I mentioned that are pate in the U.N. and also may damage would in one of these (unarmored) members of the Human Rights Com- the character of a good man. Humvees.’’ mission or whose General Assembly I hope we will act as expeditiously as But month after month, the Pen- equates Zionism with racism. But at possible. I have great respect for the tagon has failed to provide enough ar- the moment, a great opportunity pre- Foreign Relations Committee and its mored Humvees to meet the urgent se- sents itself. The panel named by the chairman, Senator LUGAR, all mem- curity needs of our troops on dangerous Secretary General, on which one of my bers, and the ranking member, Senator patrols in Iraq. On nine different occa- most respected Americans and beloved BIDEN. But I certainly hope they real- sions, we have asked the Pentagon for Americans, Brent Scowcroft, served, ize inordinate delay is not healthy. I, their requirements for armored has recently issued its list of rec- having had the opportunity of knowing Humvees, and nine times they have ommendations to transform the U.N. Mr. Bolton for many years, believe he been wrong. Kofi Annan has presented his own seri- would do an outstanding job as our am- An now the Pentagon actually wants ous plan to implement these rec- bassador to the United Nations. to decrease the production of armored ommendations. Mr. President, I suggest the absence Humvees. In other words, I argue that right of a quorum. Tell that to our troops in Iraq and now the U.N. is in a unique moment, The PRESIDING OFFICER. The Afghanistan and they’ll let you know perhaps, in its history; and because of clerk will call the roll. how irresponsible that is—just as they the scandals associated with it, it is The assistant legislative clerk pro- told Secretary Rumsfeld on his trip to open to reform. We need a strong per- ceeded to call the roll. Iraq in December.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4080 CONGRESSIONAL RECORD — SENATE April 21, 2005 Tell that to the family of James Your dedication to our men and women in The PRESIDING OFFICER. Without Sherill, a Kentucky National Guards- uniform, and their families, is deeply valued. objection, it is so ordered. man who was killed in an unarmored Sincerely, The amendment is as follows: DAVID F. MELCHER, vehicle just this month. On page 183, after line 23, add the fol- Tell that to the families in Massa- Lieutenant General, U.S. Army, Deputy Chief of Staff, G–8. lowing: chusetts who have lost loved ones in JAMES J. LOVELACE, SUDAN Iraq. Lieutenant General, Tell that to the tens of thousands of U.S. Army, Deputy Chief of Staff, G–3. SEC. . Of the funds appropriated in this dedicated men and women in uniform Act for ‘‘Contributions for International Mr. KENNEDY. The House of Rep- Peacekeeping Activities’’, $90,500,000 may be about to serve their second and third resentatives added 232. This amend- tours there. Tell them they may have made available for assistance for Darfur, ment is to do what the Department of Sudan: Provided, That within these amounts, to ride into the danger zone yet again Defense says is necessary to keep the $50,000,000 may be transferred to ‘‘Peace- without enough armor. production line going. I hope it will be keeping Operations’’ for support of the ef- We know that American companies accepted. forts of the African Union to halt genocide can produce more. The PRESIDING OFFICER. Who and other atrocities in Darfur, Sudan; Pro- Armor Holdings—the company that yields time? The Senator from New vided further, That $40,500,000 may be trans- puts the armor on the armored Jersey. ferred to ‘‘International Disaster and Fam- Humvee—told my office this morning ine Assistance’’ for assistance for Darfur, AMENDMENT NO. 368, AS MODIFIED that its current contract with the Sudan and other African countries. Mr. CORZINE. Mr. President, amend- Army will mean sharp reductions in The PRESIDING OFFICER. If there ment No. 368, as modified, was accepted production. Right now, they provide is no further debate on the amendment, by both sides on the Foreign Oper- 550 armored Humvees a month. Their the question is on agreeing to the ations Subcommittee last night before current Army contract calls for only amendment. a unanimous consent agreement, not in 239 in June, zero in July, 40 in August, time for inclusion in the managers’ The amendment (No. 368), as modi- and 71 in September. The company is amendment. I therefore ask unanimous fied, was agreed to. negotiating with the Army for slightly consent to lay aside the pending Mr. COCHRAN. Mr. President, I move higher levels of production for June, amendment so I may call up amend- to reconsider the vote and I move to July, and August, but it still expects to ment No. 368, as modified, and ask lay that motion on the table. decrease production to 71 by Sep- unanimous consent this amendment be The motion to lay on the table was tember. agreed to. The PRESIDING OFFICER. The time adopted. Senator BROWNBACK, Senator The PRESIDING OFFICER. The Sen- of the Senator has expired. Mr. KENNEDY. I will take another DEWINE, and others are on this amend- ator from Idaho. minute. ment as well, which is funding for the Mr. CRAIG. Mr. President, I ask We cannot let the Department of De- Darfur peacekeeping operations as well unanimous consent to offer an amend- fense get it wrong for the tenth time. as disaster assistance. ment. For the sake of our troops we need to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there get it right. ator from Kansas. objection? I ask unanimous consent to have Mr. BROWNBACK. Mr. President, this is an amendment we worked on for Mr. KENNEDY. Reserving the right printed in the RECORD a letter from the a long time, a Darfur amendment, $50 to object, I do not intend to object, but Department of Defense to Senator I thought we had a brief time for dis- INOUYE that says: million for peacekeepers, $40 million for food aid. It was agreed to but not in cussion of this amendment. That is To sustain production at the maximum ca- what I heard the unanimous consent pacity through the end of FY05, the Army the managers’ package last night. We do ask unanimous consent this be agreement was, for 15 minutes. That is would need an additional funding of approxi- what I thought we were going to debate mately $213 million. brought up and we will be asking for a There being no objection, the mate- voice vote on it. It has broad bipartisan and vote on at a quarter of. That is the rial was ordered to be printed in the support. only reason I raise this objection be- RECORD, as follows: The PRESIDING OFFICER. The Sen- cause there was a unanimous consent. If the Senator wants to complete a DEPARTMENT OF THE ARMY, OFFICE ator from Ohio. OF THE DEPUTY CHIEF OF STAFF, Mr. DEWINE. Mr. President, this is brief unanimous consent request, I will G–3/5/7, an amendment that will clearly save not object, but I hope if there are argu- Washington, DC. lives. It is the right thing to do and I ments against this amendment, we will Hon. DANIEL K. INOUYE, join my colleagues in asking it be be able to hear them. We are prepared Ranking Minority Member, Subcommittee on passed. to put some more arguments out there Defense, Committee on Appropriations, U.S. The PRESIDING OFFICER. Is there on the table. Senate, Washington, DC. DEAR SENATOR INOUYE: Greatly appreciate objection? The Senator from Mis- Mr. CRAIG. I appreciate the concern your outstanding support as you work your sissippi. of the Senator. I believe the amend- way through the FY05 supplemental request. Mr. COCHRAN. Mr. President, we ment I am sending to the desk has been Understand you are receiving several inquir- have no objection to the amendment agreed to on both sides. There is a sec- ies regarding Up-Armored HMMWVs (UAH). being called up. We have discussed the ond degree. We should be able to move To lend clarity to Army requirements for the amendment with the Senator from New very quickly through it. UAH in support of the Global War on Ter- Jersey and the Senators from Kansas Mr. KENNEDY. I have no objection. rorism (GWOT), we provide the following in- and Ohio. We have no objection to pro- formation. AMENDMENT NO. 564 The current GWOT requirement for UAH is ceeding to consider the amendment. Mr. CORZINE. I ask for the yeas and Mr. CRAIG. I send an amendment to 10,079. The amount already appropriated and the desk. supported in reprogramming actions funds nays. 4,528 UAHs in FY05 enabling the Army to Mr. COCHRAN. We are not going to The PRESIDING OFFICER. The meet the 10,079 requirement in June 05 with join that request. clerk will report. no additional funding. The PRESIDING OFFICER. The The legislative clerk read as follows: We currently are producing at the manu- clerk will report the amendment. The Senator from Idaho [Mr. CRAIG] for facturer’s maximum capacity of 550 per The bill clerk read as follows: himself and Mr. AKAKA, proposes an amend- month. This will continue through June 05, The Senator from New Jersey [Mr. ment numbered 564. at which time production rates will decline. CORZINE] for himself, Mr. DEWINE, Mr. To sustain production at the maximum ca- BROWNBACK, Mr. DURBIN, Mr. LEAHY, and Mr. Mr. CRAIG. I ask unanimous consent pacity through the end of FY05, the Army OBAMA, proposes an amendment numbered the reading of the amendment be dis- would need additional funding of approxi- 368, as modified. pensed with. mately $213 million; however, this sum is not The PRESIDING OFFICER. Without necessary to address the extant requirement. Mr. COCHRAN. I ask unanimous con- Thank you very much for your hard work sent the reading of the amendment be objection, it is so ordered. and fast action on the supplemental bill. dispensed with. The amendment is as follows:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4081 (Purpose: To amend title 38, United States jury, except, if the loss is quadriplegia, para- ‘‘(f) The Secretary of Defense shall certify Code, to provide a traumatic injury protec- plegia, or hemiplegia, the member suffers whether any member claiming the benefit tion rider to servicemembers insured under the loss not later than 365 days after sus- under this section is eligible. section 1967(a)(1) of such title) taining the traumatic injury. ‘‘(g) Payment for a loss resulting from At the appropriate place, insert the fol- ‘‘(d) Payments under this section for losses traumatic injury will not be made if the lowing: described in subsection (b)(1) shall be— member dies before the end of the period pre- SEC. ll. TRAUMATIC INJURY PROTECTION. ‘‘(1) made in accordance with a schedule scribed by the Secretary, in collaboration (a) IN GENERAL.—Subchapter III of chapter prescribed by the Secretary, in collaboration with the Secretary of Defense, which begins 19, Title 38, United States Code, is amended— with the Secretary of Defense; on the date on which the member sustains (1) in section 1965, by adding at the end the ‘‘(2) based on the severity of the covered the injury. If the member dies before pay- following: condition; and ment to the member can be made, the pay- ‘‘(11) The term ‘activities of daily living’ ‘‘(3) in an amount that is equal to not less ment will be made according to the mem- means the inability to independently per- than $25,000 and not more than $100,000. ber’s most current beneficiary designation form 2 of the 6 following functions: ‘‘(e)(1) During any period in which a mem- under Servicemembers’ Group Life Insur- ‘‘(A) Bathing. ber is insured under this section and the ance, or a by law designation, if applicable. ‘‘(B) Continence. member is on active duty, there shall be de- ‘‘(h) Coverage for loss resulting from trau- ‘‘(C) Dressing. ducted each month from the member’s basic matic injury provided under this section ‘‘(D) Eating. or other pay until separation or release from shall cease at midnight on the date of the ‘‘(E) Toileting. active duty an amount determined by the member’s separation from the uniformed ‘‘(F) Transferring.’’; and Secretary of Veterans Affairs as the pre- service. Payment will not be made for any (2) by adding at the end the following: mium allocable to the pay period for pro- loss resulting from injury incurred after the viding traumatic injury protection under date a member is separated from the uni- ‘‘§ 1980A. Traumatic injury protection this section (which shall be the same for all formed services. ‘‘(a) A member who is insured under sub- such members) as the share of the cost at- ‘‘(i) Insurance coverage provided under this paragraph (A)(i), (B), or (C)(i) of section tributable to provided coverage under this section is not convertible to Veterans’ Group 1967(a)(1) shall automatically be issued a section, less any costs traceable to the extra Life Insurance.’’. traumatic injury protection rider that will hazards of such duty in the uniformed serv- (b) CLERICAL AMENDMENT.—The table of provide for a payment not to exceed $100,000 ices. sections for chapter 19 of title 38, United if the member, while so insured, sustains a ‘‘(2) During any month in which a member States Code, is amended by adding after the traumatic injury that results in a loss de- is assigned to the Ready Reserve of a uni- item relating to section 1980 the following: scribed in subsection (b)(1). The maximum formed service under conditions which meet ‘‘1980A. Traumatic injury protection.’’. amount payable for all injuries resulting the qualifications set forth in section (c) EFFECTIVE DATE.— from the same traumatic event shall be lim- 1965(5)(B) of this title and is insured under a (1) IN GENERAL.—The amendments made by ited to $100,000. If a member suffers more policy of insurance purchased by the Sec- this section shall take effect on the first day than 1 such loss as a result of traumatic in- retary of Veterans Affairs under section 1966 of the first month beginning more than 180 jury, payment will be made in accordance of this title, there shall be contributed from days after the date of enactment of this Act. with the schedule in subsection (d) for the the appropriation made for active duty pay (2) RULEMAKING.—Before the effective date single loss providing the highest payment. of the uniformed service concerned an described in paragraph (1), the Secretary of ‘‘(b)(1) A member who is issued a traumatic amount determined by the Secretary of Vet- Veterans Affairs, in collaboration with the injury protection rider under subsection (a) erans Affairs (which shall be the same for all Secretary of Defense, shall issue regulations is insured against such traumatic injuries, as such members) as the share of the cost at- to carry out the amendments made by this prescribed by the Secretary, in collaboration tributable to provided coverage under this section. with the Secretary of Defense, including, but section, less any costs traceable to the extra AMENDMENT NO. 551 TO AMENDMENT NO. 564 not limited to— hazards of such duty in the uniformed serv- ‘‘(A) total and permanent loss of sight; ices. Any amounts so contributed on behalf The PRESIDING OFFICER. The Sen- ‘‘(B) loss of a hand or foot by severance at of any member shall be collected by the Sec- ator from Ohio. or above the wrist or ankle; retary of the concerned service from such Mr. DEWINE. I have a second-degree ‘‘(C) total and permanent loss of speech; member (by deduction from pay or other- amendment at the desk. ‘‘(D) total and permanent loss of hearing in wise) and shall be credited to the appropria- The PRESIDING OFFICER. The both ears; tion from which such contribution was made clerk will report the second-degree ‘‘(E) loss of thumb and index finger of the in advance on a monthly basis. amendment. same hand by severance at or above the ‘‘(3) The Secretary of Veterans Affairs The legislative clerk read as follows: metacarpophalangeal joints; shall determine the premium amounts to be The Senator from Ohio [Mr. DEWINE] pro- ‘‘(F) quadriplegia, paraplegia, or hemi- charged for traumatic injury protection cov- poses an amendment numbered 551 to amend- plegia; erage provided under this section. ‘‘(G) burns greater than second degree, cov- ‘‘(4) The premium amounts shall be deter- ment No. 564. ering 30 percent of the body or 30 percent of mined on the basis of sound actuarial prin- Mr. DEWINE. I ask unanimous con- the face; and ciples and shall include an amount necessary sent the reading of the amendment be ‘‘(H) coma or the inability to carry out the to cover the administrative costs to the in- dispensed with. activities of daily living resulting from trau- surer or insurers providing such insurance. The PRESIDING OFFICER. Without matic injury to the brain. ‘‘(5) Each premium rate for the first policy objection, it is so ordered. ‘‘(2) For purposes of this subsection— year shall be continued for subsequent policy The amendment is as follows: ‘‘(A) the term ‘quadriplegia’ means the years, except that the rate may be adjusted complete and irreversible paralysis of all 4 for any such subsequent policy year on the (Purpose: To make the traumatic injury in- limbs; basis of the experience under the policy, as surance provision retroactive for ‘‘(B) the term ‘paraplegia’ means the com- determined by the Secretary of Veterans Af- servicemembers injured in Iraq) plete and irreversible paralysis of both lower fairs in advance of that policy year. On page 8, line 16, strike ‘‘(c)’’ and insert limbs; and ‘‘(6) The cost attributable to insuring such the following: ‘‘(C) the term ‘hemiplegia’ means the com- member under this section, less the pre- (c) RETROACTIVE PROVISION.— plete and irreversible paralysis of the upper miums deducted from the pay of the mem- (1) IN GENERAL.—Any member who experi- and lower limbs on 1 side of the body. ber’s uniformed service, shall be paid by the enced a traumatic injury (as described in ‘‘(3) The Secretary, in collaboration with Secretary of Defense to the Secretary of Vet- section 1980A(b)(1) of title 38, United States the Secretary of Defense, shall prescribe, by erans Affairs. This amount shall be paid on a Code) between October 7, 2001, and the effec- regulation, the conditions under which cov- monthly basis, and shall be due within 10 tive date under subsection (d), is eligible for erage against loss will not be provided. days of the notice provided by the Secretary coverage provided in such section 1980A if ‘‘(c) A payment under this section may be of Veterans Affairs to the Secretary of the the qualifying loss was a direct result of in- made only if— concerned uniformed service. juries incurred in Operation Enduring Free- ‘‘(1) the member is insured under ‘‘(7) The Secretary of Defense shall provide dom or Operation Iraqi Freedom. Servicemembers’ Group Life Insurance when the amount of appropriations required to pay (2) CERTIFICATION; PAYMENT.—The Sec- the traumatic injury is sustained; expected claims in a policy year, as deter- retary of Defense shall— ‘‘(2) the loss results directly from that mined according to sound actuarial prin- (A) certify to the Office of traumatic injury and from no other cause; ciples by the Secretary of Veterans Affairs. Servicemembers’ Group Life Insurance the and ‘‘(8) The Secretary of Defense shall forward names and addresses of those members the ‘‘(3) the member suffers the loss before the an amount to the Secretary of Veterans Af- Secretary of Defense determines to be eligi- end of the period prescribed by the Sec- fairs that is equivalent to half the antici- ble for retroactive traumatic injury benefits retary, in collaboration with the Secretary pated cost of claims for the current fiscal under such section 1980A; and of Defense, which begins on the date on year, upon the effective date of this legisla- (B) forward to the Secretary of Veterans which the member sustains the traumatic in- tion. Affairs, at the time the certification is made

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4082 CONGRESSIONAL RECORD — SENATE April 21, 2005 under subparagraph (A), an amount of money existing Servicemembers’ Group Life Jim Nicholson, Deputy Secretary of equal to the amount the Secretary of De- Insurance Program. The traumatic in- Defense Paul Wolfowitz, and their fense determines to be necessary to pay all surance would provide coverage for se- staffs, who provided invaluable tech- cost related to claims for retroactive bene- verely disabling conditions at a cost of nical support in the drafting of this fits under such section 1980A. (d) approximately $1 a month for partici- amendment. pating servicemembers. The payment And most importantly, I want to The PRESIDING OFFICER. Is there for those suffering a severe disability thank my partner in this effort, the further debate on the second-degree would be immediate and would range Committee’s ranking member, Senator amendment? If not, the question is on from $25,000 to a maximum of $100,000. DANIEL K. AKAKA. I thank him for co- agreeing to the amendment. The purpose of the immediate payment sponsoring the amendment, and I The amendment (No. 551) was agreed would be to give injured servicemem- thank him for joining me in a spirit of to. bers and their families the financial bipartisanship as we seek to serve vet- AMENDMENT NO. 564, AS AMENDED cushion they need to sustain them be- erans together. Mr. CRAIG. Mr. President, prior to a fore their medical discharge from serv- The supplemental already would vote on the amendment as amended, I ice when veterans’ benefits would kick make substantial improvements to would like to speak for up to 3 min- in. benefits provided to survivors of those utes. The traumatic injuries covered under killed in the line of duty. I applaud I have sought recognition to com- my amendment include: total and per- those efforts. But I also remind my col- ment on an amendment I have offered manent loss of sight; loss of hands or leagues that we must be vigilant in our to address a tremendous gap in cov- feet; total and permanent loss of care for those who are still fighting to erage that exists in our treatment of speech; total and permanent loss of regain the normalcy of the lives they the soldiers, sailors, marines, and air- hearing; quadriplegia; paraplegia; enjoyed prior to sustaining cata- men, who are fighting for our country. burns greater than second degree, cov- strophic injuries in defense of our free- My amendment addresses that cov- ering 30 percent of the body or face; dom. I ask for your support. erage gap through the creation of a and certain traumatic brain injuries. Mr. OBAMA. Mr. President, I speak new ‘‘Traumatic Injury Protection’’ in- The cost of the amendment is en- in favor of the amendment offered by surance program for the benefit of se- tirely reasonable given the cause. In- the distinguished chairman and rank- verely disabled servicemembers. But formal CBO estimates put the FY2006 ing member of the Veterans Affairs before I describe my amendment, let cost at $10 million. A very small price Committee. me further discuss the nature of the to pay to meet the needs of these A few weeks ago, I met with Ser- problem my amendment would attend wounded warriors. geants Ryan Kelly, Jeremy Feldbusch, to. I cannot take credit for the idea be- and Heath Calhoun, all of whom had re- It is widely known that due to in- hind this amendment. The credit must cently returned from Iraq. They served credible advances in medicine, service- go to disabled veterans of the Wounded their country bravely in battle, and in members who may not have survived Warrior Project, run under the aegis of doing so, each of these men sustained a life-threatening injuries in previous the United Spinal Association. Three disabling injury that will change their wars are now making it back home Wounded Warrior veterans of the Iraq lives forever. When they came home, it would have from Iraq and Afghanistan alive. That war visited my office last week to dis- been easy for them to go about their is the good news. The bad news, how- cuss the need to provide this type of an own business or feel sorry for them- ever, is that they must live with inju- insurance benefit. One veteran, former selves. ries that may have left them without Army SSG Heath Calhoun, had both of But they did not. Instead, they de- their limbs, sight, hearing, speech, or his legs amputated after being struck cided that their service to our country ability to even move. during a rocket propelled grenade at- would not end on the battlefields of All of my colleagues have likely met tack in Iraq. Heath and his wife, Tif- Iraq. They would speak out for their with these brave men and women in fany, who was present with him in my fellow soldiers—the ones who also may their home States, or right here in office, described the financial problems come home without a leg, or an arm, or Washington, DC, at the Walter Reed they endured after Tiffany quit her job their sight, but may not have the re- Army Medical Center. They are fight- to be with Heath during his convales- sources to carry on and support their ing for their lives. They are attempting cence. It took over a year before Heath families. to learn through physical and occupa- was medically discharged from service. This amendment is their tribute to tional therapy how to reintegrate back While the Calhoun family was able to their brothers and sisters-in-arms. into society. Needless to say, relearn- make it through that extremely trying For only about $3 per month, it al- ing things I and my colleagues take for period, Heath told me he was adamant lows service members to purchase granted every day—how to walk, how that other servicemembers in Iraq group disability insurance that would to read, how to simply make breakfast should not have to worry about fi- award them a maximum of $100,000 if in the morning—can take months or, nances should they, too, be injured. they are deemed seriously injured. For quite possibly, years. The quickest way to accomplish that, disabled veterans who may not be able It is during this rehabilitation period he told me, was to add a disability in- to work when they come home, this in- at military hospitals that the need for surance rider—financed by service- surance could help them obtain long- additional financial resources is most members through monthly premium term care, send their kids to school, or acute. For many Guard and Reserve deductions—to the existing life insur- simply make sure that they can pay members at Walter Reed, they already ance program. I am honored to sponsor the bills and still put food on the table. have foregone higher paying civilian this amendment in the Senate on his, It won’t cost the Government a dime. jobs prior to their deployment. and the other veterans of the Wounded It simply needs our approval to allow it Lengthy recovery periods simply add Warrior Project’s, behalf. I would also to happen. to the financial strain they bear. In ad- like to personally complement Ryan The blessings of modern technology dition, family members of injured sol- Kelly, who also visited me last week. have saved the lives of many service diers bear the burdens necessary to Mr. Kelly lost his right leg during an members who would otherwise have travel from great distances to provide ambush near Baghdad almost 21 died from their wounds. Yet, it also the love and emotional support that is months ago. I am told he was a prin- means there will be more wounded who absolutely essential for any successful cipal author of the draft legislation need care. Every single one of us has a rehabilitation. Spouses quit jobs to that culminated in the amendment I fundamental moral duty to take care spend time with their husbands at the offer today. I thank him for his fine of those men and women who’ve sac- hospital. Parents spare no expense to work. rificed to safeguard our freedom. This be with their injured children. I also want to thank President Bush amendment offers us one way to do To meet these needs, my amendment and his top administration officials for that, and I thank Senators CRAIG and would create a ‘‘Traumatic Injury Pro- lending their support to this amend- AKAKA for their cooperation in moving tection’’ insurance rider as part of the ment. Secretary of Veterans Affairs this issue forward.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4083 Mr. AKAKA. Mr. President, I am THE COURAGE OF SENATOR in the Senate. I thank him and I thank pleased to support this important and INOUYE the Senator from Nevada. timely amendment. Mr. REID. Mr. President, we all have I yield the floor. This amendment will go far to ease the good fortune of serving in this body The PRESIDING OFFICER. Who the financial burden that is placed on a with some outstanding men and yields time? service member and his or her loved women, but I don’t think it is an exag- The Senator from Massachusetts. ones as a result of traumatic injury. geration to say DAN INOUYE is a step Between $25,000 and $100,000 will be paid above us all. He is a man for whom I Mr. KENNEDY. I don’t know how the to service members who suffer such in- have the greatest admiration, for many time is allocated, but I will take 2 or 3 juries based on severity of injury. different reasons. minutes. Service members and their families Sixty years ago today, on April 21, The PRESIDING OFFICER. There is face heavy financial burdens while hos- 1945, DAN INOUYE paid an incredible 2 minutes 39 seconds. pitalized, and prior to being medically price protecting the freedom of our AMENDMENT NO. 520 discharged from the military. This ef- country and the people of the world. fort will help lessen the burden that ex- Senator DANIEL K. INOUYE showed dur- Mr. KENNEDY. Mr. President, from ists on service members and their fami- ing World War II what kind of a man he April of this year, 2005, the GAO report. lies before VA benefits kick in. is. There are two primary causes for the shortages of up-armored vehicles and Importantly, to qualify for this nec- He was born to Japanese immigrant add-on armor kits: First, a decision essary benefit, our soldiers, sailors, air- parents in Honolulu. He witnessed the was made to pace production rather men, and marines do not have to do bombing of Pearl Harbor when he was than use the maximum available ca- any additional paperwork. They are 17 years old. But he did not stand by. pacity; two, funding allocations did not automatically enrolled in this program He rushed in, provided aid to American keep up with rapidly increasing re- by virtue of being a participant in the troops. This was the beginning of his quirements. Servicemembers’ Group Life Insurance service to our country. Program. I will read now from his Medal of Army officials have not identified Honor citation which was received for any long-term effort to improve the The insurance premium will cost the actions this day 60 years ago, when service member approximately $1 a availability of up-armored Humvees or Senator INOUYE and his men were in add-on armor kits. month and will be determined by the Italy, trying to capture a key moun- The Department of the Army itself Secretary of Veterans Affairs. tain ridge. This insurance policy is meant to The citation reads: says now we are currently producing the 550, they will continue through supplement, and not take the place of, With complete disregard for his personal existing DoD and VA benefits. This safety, Second Lieutenant Inouye crawled up June 2005, at which the production amendment is intended to fill a gap: as- the treacherous slope to within five yards of rates decline. To sustain production at sistance to service members and their the nearest machine gun and hurled two gre- the maximum capacity, the Army families during recovery from a trau- nades, destroying the emplacement. Before would need funding at 213. That is ex- matic injury. In no way should anyone the enemy could retaliate, he stood up and actly what ours does. view this as a precedence for shifting neutralized a second machine gun nest. Al- If we did not include that, we see the though wounded by a sniper’s bullet, he con- costs to a service member. tinued to engage other hostile positions at dramatic production in the capacity The PRESIDING OFFICER. Is there close range until an exploding grenade shat- and in the development of that. further debate? If not, the question is tered his right arm. Despite the intense pain, Why are we doing that? Nine times on agreeing to the amendment. he refused evacuation and continued to di- the Army appeared before the Armed The amendment (No. 564), as amend- rect his platoon until enemy resistance was Services Committee; nine times they broken and his men were again deployed in ed, was agreed to. defensive positions. underestimated the needs. Mr. COCHRAN. Mr. President, I move Senator INOUYE lost his arm and re- A third of the 35 of the young men to reconsider the vote. ceived other grievous wounds that day from my State of Massachusetts have Mr. CRAIG. I move to lay that mo- defending our freedom. It tells us some- lost their lives because of the lack of tion on the table. thing about this man, his courage and up-armor. The motion to lay on the table was his heroism. All we are asking, take it to the con- agreed to. We serve with him every day. He is ference, 230. The House of Representa- The PRESIDING OFFICER. The Sen- quiet, unassuming, but he is a real tives saw that. Why doesn’t the Senate ator from Idaho. hero. He refused to let anything hold of the United States? I hope we would Mr. CRAIG. I thank the Senator from him back, in spite of his serious inju- have support for that amendment and Massachusetts for his consideration, ries, spending years in the hospital. let them work it out in the conference. most importantly the chairman of the Following that war, he went to the Let’s make sure we are going to do full Appropriations Committee for his University of Hawaii, George Wash- what needs to be done. We have seen cooperation, the chairman of the ington School of Law. He was elected the mistakes of the past. Let’s not Armed Services Committee for his un- to the House of Representatives, and make another one today. derstanding and work with his staff. As now is the third most senior Member of Mr. COCHRAN. How much time re- chairman of the Veterans’ Affairs Com- the Senate. Throughout his life and his mains under the order? service, DAN INOUYE has proven himself mittee, this was truly a team effort. The PRESIDING OFFICER. The Sen- a man of courage. Working with my colleague from Ohio, 1 I am, with all Members in this Sen- ator from Mississippi has 2 ⁄2 minutes. Senator DEWINE, we have accomplished ate, Democrats and Republicans, proud That is all the time that is available. something for America’s veterans, es- Mr. COCHRAN. I reserve the remain- pecially those very traumatically in- to call him a friend and a colleague. He gave so much to our country so long der of my time and I suggest the ab- jured, that I think is critical and nec- sence of a quorum. essary. ago but to this day he keeps on giving. We could all learn a lesson from this The PRESIDING OFFICER. The I yield the floor. great American. clerk will call the roll. Mr. REID. Mr. President, I will speak Mr. WARNER. I wish to commend briefly. If this time is taken from the The bill clerk proceeded to call the the distinguished Senator for those re- roll. time scheduled for a vote at 3:45, I ask marks. I humbly ask the privilege of unanimous consent whatever time I being associated with the remarks he Mr. COCHRAN. Mr. President, I ask use extend the vote that amount of made. unanimous consent that the order for time. Senator INOUYE has been one of the the quorum call be rescinded. The PRESIDING OFFICER. Without most extraordinary leaders I have had The PRESIDING OFFICER. Without objection, it is so ordered. the privilege to serve with in my career objection, it is so ordered.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4084 CONGRESSIONAL RECORD — SENATE April 21, 2005 EXECUTIVE SESSION AMENDMENT NO. 487 agents. Our security depends on it. But Mr. ENSIGN. Mr. President, I yield it will take more than simply hiring back my time on the amendment. agents. Congress needs to increase NOMINATION OF JOHN D. The PRESIDING OFFICER. All time funding for training and equipment. I NEGROPONTE TO BE DIRECTOR is yielded back. hope we will remember this during the OF NATIONAL INTELLIGENCE— The question is on agreeing to the regular appropriations process. Continued amendment. We cannot wait another year to im- The PRESIDING OFFICER. Under The amendment (No. 487) was agreed prove our border security. This is an the previous order, the Senate will re- to. emergency. The amendment that I am sume executive session and proceed to Mr. COCHRAN. I move to reconsider offering will put new agents on the a vote on the nomination, which the the vote and I move to lay that motion ground in the next few months. clerk will report. on the table. My amendment begins to fulfill the The legislative clerk read the nomi- The motion to lay on the table was commitment Congress made last year. nation of John D. Negroponte, of New agreed to. It provides $147 million to hire and York, to be Director of National Intel- Mr. ENSIGN. Mr. President, in the train 400 new border patrol agents by ligence. decade before 9/11, al Qaeda studied October; 400 new agents is the max- Mr. COCHRAN. I ask for the yeas and how to exploit gaps and weaknesses in imum number of new agents that the nays. the borders of the United States. Department of Homeland Security can The PRESIDING OFFICER. Is there a A few months ago, intelligence offi- train before the end of this fiscal year. sufficient second? cials confirmed that the terrorist My amendment does not require any There is a sufficient second. Zarqawi plans to infiltrate America new spending. It is completely offset. The question is, Will the Senate ad- through our borders. He plans to at- The 9/11 Commission found that vise and consent to the nomination of tack targets such as movie theaters, many of the 19 hijackers could have John D. Negroponte, of New York, to restaurants, and schools. been placed on watch lists. They were be Director of National Intelligence? A year-long investigation recently vulnerable to detection by border au- The yeas and nays have been ordered. concluded with authorities arresting 18 thorities. Without adequate staff and The clerk will call the roll. people who planned to smuggle grenade coordinated efforts, the terrorists were The legislative clerk called the roll. launchers, shoulder-fired missiles, and allowed to enter the United States. The result was announced—yeas 98, other Russian military weapons into Once here they learned how to fly air- nays 2, as follows: our country. planes at American flight schools. [Rollcall Vote No. 107 Ex.] Let’s face it—the dual threat of ille- They conducted surveillance to assess YEAS—98 gal border crossing by people who wish our weaknesses. And they attacked. In order to prevent another terrorist Akaka Dodd Martinez to kill us and the weapons they need to attack on American soil, we must im- Alexander Dole McCain do it is very real. Allard Domenici McConnell prove every aspect of our nation’s secu- We are not dealing with rational peo- Allen Dorgan Mikulski rity. Our security is truly only as Baucus Durbin Murkowski ple. We are not dealing with people who Bayh Ensign strong as our weakest link. Murray respect life or freedom. It would be ir- For too long, the lack of funding for Bennett Enzi Nelson (FL) responsible to sit idly by and not treat Biden Feingold border agents has been a weak link. By Nelson (NE) these threats seriously. We must con- Bingaman Feinstein Obama funding additional agents, we protect Bond Frist Pryor tinue to be diligent in our fight to de- both our southern and our, often ne- Boxer Graham Reed feat terror and protect our homeland. Brownback Grassley Reid glected, northern border. This will Bunning Gregg Before 9/11, INS had only 9,800 border Roberts make it harder for terrorists to enter Burns Hagel patrol agents. With the agency focused Rockefeller the United States and attack us. Burr Hatch Salazar on immigration and narcotics, no Byrd Hutchison The world has changed dramatically Santorum Cantwell Inhofe major counterterrorism effort was un- since 9/11 when the terrorists used our Carper Inouye Sarbanes derway. open and trusting society against us. Chafee Isakson Schumer More than 3 years after the dev- Sessions We can not allow a repeat of that trag- Chambliss Jeffords astating terrorist attacks, the men and Clinton Johnson Shelby edy. This amendment will help those Coburn Kennedy Smith women who serve on the border’s front- who guard our frontiers by providing Cochran Kerry Snowe line of defense are still overwhelmed. necessary tools to ensure the safety of Coleman Kohl Specter The Commissioner of the U.S. Customs Collins Kyl Stabenow our citizens. Conrad Landrieu Stevens and Border Protection has admitted AMENDMENT NO. 520 Cornyn Lautenberg Sununu they need more agents. The PRESIDING OFFICER. There Talent Corzine Leahy Our agents catch only about one- will now be 2 minutes of debate equally Craig Levin Thomas third of the estimated 3 million people Crapo Lieberman Thune divided on Bayh amendment No. 520. Dayton Lincoln Vitter who cross the border illegally each Mr. WARNER. Mr. President, I had DeMint Lott Voinovich year. Three and half years ago it only the opportunity to speak to the distin- DeWine Lugar Warner took 19 to change the course of this guished Senator from Alaska, Mr. STE- NAYS—2 country. VENS, and I know he was anxious to ad- Harkin Wyden The 9/11 Commission addressed this dress the Senate with regard to his de- very problem. They recommended ban- The nomination was confirmed. sire to obtain time to speak in opposi- The PRESIDING OFFICER. Under ning terrorists from traveling to our tion to the Bayh amendment. Might I the previous order, the President shall country. This is exactly what my ask, what is the parliamentary situa- be immediately notified of the Senate’s amendment attempts to accomplish. tion with regard to that? Hopefully, we action. We must commit resources to block can see the appearance of the Senator terrorists who attempt to enter our f from Alaska. country. Last year, I sponsored an The PRESIDING OFFICER (Mr. LEGISLATIVE SESSION amendment to the National Intel- CHAFEE). Under the previous order, The PRESIDING OFFICER. The Sen- ligence Reform Act that authorized the there are 2 minutes equally divided ate will now return to legislative ses- hiring of 10,000 new agents to patrol prior to the vote on the Bayh amend- sion. our borders over the next 5 years. And ment. f last month, the Senate approved a Mr. WARNER. Will the Chair kindly Budget which funded the hiring and repeat that? EMERGENCY SUPPLEMENTAL AP- training of 2,000 new border patrol The PRESIDING OFFICER. There PROPRIATIONS ACT, 2005—Contin- agents next year. are 2 minutes evenly divided prior to ued Border security requires a serious the vote on the Bayh amendment. The PRESIDING OFFICER. The Sen- commitment by Congress. There is no Mr. WARNER. Mr. President, on be- ator from Nevada is recognized. question that we need to hire new half of the senior Senator from Alaska,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4085 I ask that an additional 10 minutes be There is no need for this. The sponsors The PRESIDING OFFICER. The Sen- allocated to the senior Senator from want you to believe the Army wants ator from Massachusetts. Alaska. and needs these, but that is not true. Mr. KENNEDY. Mr. President, point The PRESIDING OFFICER. The Sen- The Army’s requirement will be met in No. 1, this is additional money. Point ator from Massachusetts. June, and we have provided some No. 2, the House of Representatives Mr. KENNEDY. Mr. President, do I money for all of them. In Iraq, we are added $233 million. Why? For the very understand currently there are 2 min- meeting the requirements of the com- reason that was in this letter from the utes to be equally divided, and now the manders in the field, and they have Department of the Army that says ‘‘to Senator from Virginia has asked for 10 certified to that. sustain production at the maximum ca- minutes for one side on this debate? I The additional funding of this pacity through the end of fiscal year have no objection, obviously, to what- amendment was not requested by the 2005, the Army would need the addi- ever time the Senator from Alaska Department, and the commanders are tional funding of approximately $213 wants. I object unless those of us who receiving other vehicles now, for in- million.’’ That is what the Department have a differing view have an oppor- stance, the Striker, which is a different of Defense says it needs. That is what tunity to express ourselves. system and is providing more protec- the House has done. Mr. WARNER. I misunderstood. I tion for the people in the field. They With all respect to the estimates thought the senior Senator from Mas- are going in there now. that have been made, under the current sachusetts and his colleague from Indi- Some people argue the need for these request, the Department of Defense has ana had adequate opportunity to is going up. That is not true. The need testified nine times at the Armed Serv- speak. I am perfectly willing to ask for for Strikers is going up, and we are ices Committee in terms of the needs 15 minutes equally divided between the sending Strikers in from Germany, of uparmored humvees. Every time senior Senator from Massachusetts and from Hawaii, from Alaska, from Se- they have been wrong. That is not just the senior Senator from Alaska. attle. We are meeting the needs they me talking. That is the GAO. This The PRESIDING OFFICER. Without demanded, and that is for the Strikers. April, a GAO report says there are two objection, it is so ordered. This requirement is not increasing primary causes for the shortages— Mr. KENNEDY. Mr. President, I sug- with the continued operations in Iraq. shortages, that is the GAO, shortages— A major difference now is, after Feb- gest the absence of a quorum, with the of the uparmored vehicles and add-on ruary of this year, all vehicles oper- time to be equally divided. kits. One, a decision was made to pace ating outside the protective compound The PRESIDING OFFICER. Without production rather than use the max- are armored, and we have met that imum available capacity and, secondly, objection, the clerk will call the roll. need. The assistant legislative clerk pro- funding allocations did not keep up This is an emergency appropriations rapidly with increasing requirements. ceeded to call the roll. bill. I believe we should focus on the Mr. STEVENS. Mr. President, I ask That is the GAO in April of this year. needs of validated requirements of the ‘‘Army officials have not identified any unanimous consent that the order for Department for the total global war, the quorum call be rescinded. long-term efforts to improve the avail- but this is not one of them. ability of uparmored humvees.’’ That is The PRESIDING OFFICER. Without I urge my colleagues to vote ‘‘no’’ on objection, it is so ordered. the GAO. this amendment. I yield to my friend, The House took it. The GAO says it Mr. STEVENS. Mr. President, I op- the chairman of the Armed Services pose the Bayh-Kennedy amendment on is necessary. The Department of De- Committee, so he might be heard on fense says so, too. Let us just include the uparmored humvees. The validated the matter. I thank the Chair. that and not leave the men and women global war on terror requirement for The PRESIDING OFFICER. The Sen- this is 10,079. I do hope the Senate will ator from Virginia. who need the uparmored Humvees at listen. This is very serious. Mr. WARNER. Mr. President, first, I risk in dangerous places around the We received a letter last week from commend Senators KENNEDY and BAYH. world. two senior Army general officers, the They have really fought the battle Mr. DOMENICI. Would the Senator Army’s G–8 Deputy Chief of Staff for through the years, and it has been yield for a question? Mr. KENNEDY. How much time is re- Programs and the Army’s G–3 Deputy since fiscal year 2003 we have been maining? I believe I have used my Chief of Staff for Operations and Plans, dealing with the need for the uparmor. time. which states the total requirement for As my colleague from Alaska said, The PRESIDING OFFICER. There is these vehicles is 10,079 and that indus- and I add this, from fiscal year 2003 to 5 minutes remaining. try will meet that requirement in less 2005, the Congress added—that is addi- tional funds—added $1.2 billion to the Mr. DOMENICI. I ask for 10 seconds. than 2 months with funds previously I ask the Senator, is this the first President’s request to increase provided. time the Senator from Massachusetts uparmored humvee production, and al- Keep in mind the pre-emergency has been for something that the Repub- throughput of these vehicles was 40 a most $1.9 billion was added to the President’s budget request to increase lican House of Representatives is for? month. We are now producing at the Mr. KENNEDY. That is a good ques- the production of ballistic add-on rate of 550 a month, and we will reach tion. I think I can think back and armor for tactical-wheeled vehicles in the maximum in June because we paid maybe find one. I will think back and more to speed up this production. the Army and the Marine Corps. I think we have clearly met the de- find one. Saint Patrick’s Day address. We appropriated funds and repro- The PRESIDING OFFICER. The Sen- grammed to meet the total require- mand, and it is largely owing to these two Senators who have been out on the ator from Indiana. ment. We have now met it. As a matter Mr. BAYH. Mr. President, with ref- point on this issue. But right now these of fact, we produced 266 more vehicles erence to the House, I say to our col- additional funds, I say to my colleague than the Army wanted. This amend- from Alaska, if the Senate were to ap- league from New Mexico with reference ment is not about taking care of prove the amendment, would have to to the House, even a broken clock is troops. I spent my career, and the Sen- be taken out of other modernization right twice a day. So there is a first ator from Hawaii with me, to ensure programs for the Army; am I not cor- time for everything. the service men and women have the rect? It is rare that this body votes on a equipment they need, the support they Mr. STEVENS. Mr. President, that is matter that will affect the life and need. This is about the production unit correct. This money comes out of this limbs of soldiers fighting as we speak of a defense contractor, not about the supplemental for these purposes which in a theater of war. Now is such a time. people who are wearing the uniform in is beyond the needs on this vehicle and As my colleague, Senator KENNEDY, Iraq. reduce the amount of money for other mentioned, the Army has chronically This manufacturer is currently pro- items that are needed. underestimated the need for uparmored ducing these at the capacity, as I said, Mr. WARNER. I yield the floor. vehicles in the Iraqi theater. Nine con- of 550 a month. Every month, 550 new Mr. STEVENS. I yield back the re- secutive times they have gotten it humvees are going into Iraq. We will mainder of our time. I thank the Chair wrong. We now have a letter saying have more there by June than we need. for his courtesy. that finally they have gotten it right.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4086 CONGRESSIONAL RECORD — SENATE April 21, 2005 Walter Reed Army Hospital and the Stevens Thomas Voinovich AMENDMENTS NOS. 389, 421, AS MODIFIED; NO. 484, other military hospitals of this Nation Sununu Vitter Warner AS MODIFIED; NO. 502, AS MODIFIED; NO. 565, are filled with the young men and The amendment (No. 520) was agreed AND 566, EN BLOC women who have paid the price for to. Mr. STEVENS. Mr. President, last evening, as we were finishing up this these errors. When will we err on the CHANGE OF VOTE bill, we had a series of amendments side of doing more rather than less to Mr. BURNS. Madam President, on to- that were offered as amendments, and protect the troops? Now is that time. day’s vote No. 108, I voted ‘‘nay.’’ My we were in the process of changing I conclude by saying this: Do my col- intention was to vote ‘‘yea.’’ I ask them to sense-of-the-Senate resolu- leagues remember the young soldier unanimous consent to change my vote. tions. There are a couple others we who stood up when the Secretary of It will not affect the outcome of the failed to offer, approved by both sides. Defense visited Iraq and spoke about vote on the amendment. I ask unanimous consent they now be hillbilly armor? Do my colleagues re- The PRESIDING OFFICER. Without offered en bloc and have them consid- member him speaking about rum- objection, it is so ordered. ered en bloc. maging through the garbage to find (The foregoing tally has been The PRESIDING OFFICER. Without metal to weld onto the side of the vehi- changed to reflect the above order.) objection, it is so ordered. cles? Do my colleagues remember the The PRESIDING OFFICER. The Sen- Mr. STEVENS. I ask unanimous con- round of applause he got from his fel- ator from Kansas is recognized. sent the amendments be agreed to. low soldiers? The PRESIDING OFFICER. Without f The troops know what is going on. objection, it is so ordered. The press knows what is going on. Ap- EXECUTIVE SESSION The amendments were agreed to, as parently the House of Representatives follows: knows what is going on. It is time that AMENDMENT NO. 389 the Senate took a stand as well to do NOMINATION OF LIEUTENANT (Purpose: To reaffirm the authority of States something about this, to give the GENERAL MICHAEL V. HAYDEN, to regulate certain hunting and fishing ac- tivities) troops the protection they need. Rum- UNITED STATES AIR FORCE, TO On page 231, after line 6, add the following: maging through the garbage—that is BE GENERAL AND DEPUTY DI- an outrage. Here is our chance to bring SEC. 6047. STATE REGULATION OF RESIDENT RECTOR OF NATIONAL INTEL- AND NONRESIDENT HUNTING AND it to a stop. I ask my colleagues for LIGENCE FISHING. their support. (a) SHORT TITLE.—This section may be Mr. ROBERTS. Mr. President, a Mr. STEVENS. Is all time yielded cited as the ‘‘Reaffirmation of State Regula- unanimous consent has been agreed to back? tion of Resident and Nonresident Hunting by both sides for the Senate to imme- Mr. KENNEDY. I yield back the bal- and Fishing Act of 2005’’. diately proceed to executive session to (b) DECLARATION OF POLICY AND CONSTRUC- ance of our time. consider the following nominations on TION OF CONGRESSIONAL SILENCE.— The PRESIDING OFFICER (Mr. COR- today’s Executive Calendar: PN 421, (1) IN GENERAL.—It is the policy of Con- NYN). All time is yielded back. gress that it is in the public interest for each LTG Michael V. Hayden, to be General, State to continue to regulate the taking for Mr. STEVENS. Have the yeas and reported by the Armed Services Com- nays been ordered? any purpose of fish and wildlife within its mittee today; and No. 70, which is the boundaries, including by means of laws or The PRESIDING OFFICER. The yeas confirmation of General Hayden to be regulations that differentiate between resi- and nays have been previously ordered the Deputy Director of National Intel- dents and nonresidents of such State with re- on the amendment. ligence. spect to the availability of licenses or per- The question is on agreeing to the I further ask unanimous consent the mits for taking of particular species of fish amendment. nominations be confirmed en bloc, the or wildlife, the kind and numbers of fish and The clerk will call the roll. wildlife that may be taken, or the fees motion to reconsider be laid upon the charged in connection with issuance of li- The assistant legislative clerk called table, the President be immediately censes or permits for hunting or fishing. the roll. notified of the Senate’s action, and the (2) CONSTRUCTION OF CONGRESSIONAL SI- The result was announced—yeas 61, Senate then return to legislative ses- LENCE.—Silence on the part of Congress shall nays 39, as follows: sion. not be construed to impose any barrier under [Rollcall Vote No. 108 Leg.] The PRESIDING OFFICER. Without clause 3 of Section 8 of Article I of the Con- objection, it is so ordered. stitution (commonly referred to as the YEAS—61 ‘‘commerce clause’’) to the regulation of Akaka Dorgan Mikulski The nominations considered and con- hunting or fishing by a State or Indian tribe. Alexander Durbin Murray firmed are as follows: (c) LIMITATIONS.—Nothing in this section Allen Feingold Nelson (FL) AIR FORCE shall be construed— Baucus Feinstein Nelson (NE) The following named officer for appoint- (1) to limit the applicability or effect of Bayh Harkin Obama any Federal law related to the protection or Biden Hutchison ment in the United States Air Force to the Pryor management of fish or wildlife or to the reg- Bingaman Jeffords grade indicated while assigned to a position Reed ulation of commerce; Boxer Johnson Reid of importance and responsibility under title Burns Kennedy (2) to limit the authority of the United Rockefeller 10, U.S.C., section 601: Byrd Kerry States to prohibit hunting or fishing on any Salazar Cantwell Kohl To be general portion of the lands owned by the United Santorum Carper Landrieu Lt. Gen. Michael V. Hayden. States; or Chafee Lautenberg Sarbanes Schumer EXECUTIVE OFFICE OF THE PRESIDENT (3) to abrogate, abridge, affect, modify, su- Clinton Leahy persede or alter any treaty-reserved right or Coleman Levin Snowe Lieutenant General Michael V. Hayden, other right of any Indian tribe as recognized Collins Lieberman Specter United States Air Force, to be Principal Dep- by any other means, including, but not lim- Conrad Lincoln Stabenow uty Director of National Intelligence. (New Talent ited to, agreements with the United States, Corzine Lott Position.) Dayton Lugar Thune Executive Orders, statutes, and judicial de- DeWine Martinez Wyden f crees, and by Federal law. Dodd McCain (d) STATE DEFINED.—For purposes of this NAYS—39 LEGISLATIVE SESSION section, the term ‘‘State’’ includes the sev- eral States, the District of Columbia, the Allard DeMint Inouye The PRESIDING OFFICER. The Sen- Commonwealth of Puerto Rico, Guam, the Bennett Dole Isakson ate will return to legislative session. Virgin Islands, American Samoa, and the Bond Domenici Kyl Commonwealth of the Northern Mariana Is- Brownback Ensign McConnell f lands. Bunning Enzi Murkowski Burr Frist Roberts EMERGENCY SUPPLEMENTAL AP- AMENDMENT NO. 421, AS MODIFIED Chambliss Graham Sessions PROPRIATIONS ACT, 2005—Contin- (Purpose: To express the sense of the Senate Coburn Grassley Shelby on funding for the continuing development Cochran Gregg Smith ued Cornyn Hagel of the permanent magnet motor) Craig Hatch The PRESIDING OFFICER. The Sen- On page 169, between lines 8 and 9, insert Crapo Inhofe ator from Alaska. the following:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4087

PERMANENT MAGNET MOTOR (ii) the date on which the child attains 23 ignated as an emergency requirement pursu- SEC. 1122. It is the sense of the Senate that years of age; and ant to section 402 of the conference report to of the amounts appropriated by this Act (2) Congress should make the amendment accompany S. Con. Res. 95 (108th Congress). under the heading ‘‘RESEARCH, DEVELOP- applicable to deaths of members of the CONSTRUCTION MENT, TEST, AND EVALUATION, NAVY’’, Armed Forces on or after October 7, 2001, the For an additional amount for ‘‘Construc- $15,000,000 should be made available for the date of the commencement of military oper- tion’’, $41,500,000, to remain available until continuing development of the permanent ations in Afghanistan. expended: Provided, That the amount pro- magnet motor. AMENDMENT NO. 566 vided under this heading is designated as an AMENDMENT NO. 484, AS MODIFIED (Purpose: To amend the Immigration and emergency requirement pursuant to section (Purpose: To express the sense of the Senate Nationality Act to provide for entry of na- 402 of the conference report to accompany S. on funding for the procurement of man- tionals of Australia) Con. Res. 95 (108th Congress). portable air defense (MANPAD) systems) On page 231, between lines 3 and 4, insert REDUCTION IN FUNDING On page 169, between lines 8 and 9, insert the following new section: The amount appropriated by title II for the following: RECIPROCAL VISAS FOR NATIONALS OF ‘‘Contributions to International Peace- SENSE OF SENATE ON PROCUREMENT OF MAN- AUSTRALIA keeping Activities’’ is hereby reduced by PORTABLE AIR DEFENSE SYSTEMS SEC. 6047. (a) Section 101(a)(15)(E) of the $146,951,000 and the total amount appro- priated by title II is hereby reduced by SEC. 1122. It is the sense of the Senate that, Immigration and Nationality Act (8 U.S.C. of the amounts appropriated by this Act, 1101(a)(15)(E)) is amended— $146,951,000. $32,000,000 may be available to procure (1) by adding at the end ‘‘or (iii) solely to AVIAN FLU AND THE EMERGENCY MANPAD systems. perform services in a specialty occupation in SUPPLEMENTAL FOR IRAQ the United States if the alien is a national of AMENDMENT NO. 502, AS MODIFIED Mr. OBAMA. I see that the distin- the Commonwealth of Australia and with re- (Purpose: To express the sense of the Senate guished ranking member of the State spect to whom the Secretary of Labor deter- and Foreign Operations Subcommittee, on funding for the replenishment of med- mines and certifies to the Secretary of ical supply needs within the combat thea- Homeland Security and the Secretary of Senator LEAHY is here on the Senate ters of the Army) State that the intending employer has filed floor. I am wondering it he would take On page 169, between lines 8 and 9, insert with the Secretary of Labor an attestation just a moment to discuss with me the the following: under section 212(t)(1);’’; and critical issue of the avian flu. SENSE OF SENATE ON MEDICAL SUPPORT FOR (2) in clause (i), by striking ‘‘or’’ after ‘‘na- Mr. President, an outbreak of the TACTICAL UNITS tional;’’. avian flu would be an international ca- SEC. 1122. It is the sense of the Senate that, (b) Section 202 of such Act (8 U.S.C. 1152) is lamity. In this age when you can get of the amount appropriated by this Act amended by adding at the end the following on a plane in Bangkok and arrive in under the heading ‘‘OPERATION AND MAINTE- new subsection: ‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The Chicago or Burlington in hours, we NANCE, ARMY’’, $11,500,000 should be made must face the reality that this threat available for the replenishment of medical total number of aliens who may acquire non- supply and equipment needs within the com- immigrant status under section is not a problem isolated half a world bat theaters of the Army, including bandages 101(a)(15)(E)(iii) may not exceed 5000 for a fis- away, but is one that could affect peo- and other blood-clotting supplies that utilize cal year.’’. ple in Illinois, Vermont, and all across hemostatic, wound-dressing technologies. (c) Section 214(i)(1) of such Act (8 U.S.C. America. The director of the Centers 1184(i)(1)) is amended by inserting ‘‘, section AMENDMENT NO. 565 for Disease Control recognized the 101(a)(15)(E)(iii),’’ after ‘‘section (Purpose: To express the sense of the Senate 101(a)(15)(H)(i)(b)’’. grave consequences this virus could that Congress should enact an increase in (d) Section 212(t) of such Act (8 U.S.C. pose to international health when she the period of continued TRICARE coverage 1182(t)), as added by section 402(b)(2) of the recently stated that ‘‘this is a very om- of children of members of the uniformed United States-Chile Free Trade Agreement inous situation for the globe . . . [this services who die while serving on active Implementation Act (Public Law 108–77; 117 is] the most important threat we are duty for a period of more than 30 days and Stat. 941), is amended— facing right now.’’ It is something that make such increased period applicable to (1) by inserting ‘‘or section is clearly an emergency and is appro- children of members who have died since 101(a)(15)(E)(iii)’’ after ‘‘section priately addressed in the Iraq Supple- the commencement of military operations 101(a)(15)(H)(i)(b1)’’ each place it appears; in Afghanistan) (2) in paragraph (3)(C)(i)(II), by striking mental. On page 169, between lines 8 and 9, insert ‘‘or’’ in the third place it appears; At this point, humans contract the the following: (3) in paragraph (3)(C)(ii)(II), by striking virus overwhelmingly by coming into SENSE OF SENATE ON INCREASED PERIOD OF ‘‘or’’ in the third place it appears; and contact with infected animals, and CONTINUED TRICARE COVERAGE OF CHILDREN (4) in paragraph (3)(C)(iii)(II), by striking once contracted, the virus is extremely OF MEMBERS OF THE UNIFORMED SERVICES ‘‘or’’ in the third place it appears. deadly—a 65 to 75 percent mortality WHO DIE WHILE SERVING ON ACTIVE DUTY FOR Mr. STEVENS. I move to reconsider rate for humans—especially because A PERIOD OF MORE THAN 30 DAYS the vote, and I move to lay that mo- there is no proven vaccine for the H5N1 SEC. 1122. It is the sense of the Senate tion on the table. strain. Further, effective treatments that— The motion to lay on the table was for this strain of the virus are not (1) Congress should enact an amendment to agreed to. widely available and must be delivered section 1079 of title 10, United States Code, AMENDMENT NO. 487, AS MODIFIED within 24 hours. in order to increase the period of continued TRICARE coverage of children of members The PRESIDING OFFICER. The Sen- The recent trends with respect to the of the uniformed services who die while serv- ator from Mississippi. spread of the avian flu are very alarm- ing on active duty for a period of more than Mr. COCHRAN. Madam President, I ing. Over the last few months, there is 30 days under that section such that the pe- ask unanimous consent that amend- growing evidence which suggests that riod of continued eligibility is the longer ment No. 487 be modified so as to ap- the virus may be mutating and could of— pear on page 187 after line 18. This re- eventually result in a form that is (A) the three-year period beginning on the quest only changes the placement of transmittable from human to human. date of death of the member; If this were to occur, it could cause the (B) the period ending on the date on which the amendment in the bill. It does not the child attains 21 years of age; or change the text of the amendment. deaths of millions of people, seriously (C) in the case of a child of a deceased The PRESIDING OFFICER. Without damage economic activity in South- member who, at 21 years of age, is enrolled objection, it is so ordered. east Asia, and cause panic and insta- in a full-time course of study in a secondary The amendment, as modified, is as bility throughout the region. More- school or in a full-time course of study in an follows: over, because of the dynamic nature of institution of higher education approved by On page 187, after line 18, insert the fol- Southeast Asia, with all sorts of com- the administering Secretary and was, at the lowing: merce and transport in and out of the time of the member’s death, in fact depend- region, the virus would likely spread ent on the member for over one-half of the CUSTOMS AND BORDER PROTECTION child’s support, the period ending on the ear- SALARIES AND EXPENSES around the world—including to the lier— For an additional amount for ‘‘Salaries United States, in a matter of hours or (i) the date on which the child ceases to and Expenses’’, for hiring border patrol days. pursue such a course of study, as determined agents, $105,451,000: Provided, That the I would ask my good friend, the sen- by the administering Secretary; or amount provided under this heading is des- ior Senator from Vermont, who has a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4088 CONGRESSIONAL RECORD — SENATE April 21, 2005 long history of leadership on inter- these children trying to cope with the to be handed the American flag from national health issues. for his assess- reality that a parent isn’t coming the casket in one hand, and get a bill ment of what needs to be done. home will break your heart. But the from the IRS in the other. Mr. LEAHY. I would say to the Sen- families of those who die for their My amendment will make sure that ator from Illinois that, earlier this country also have to struggle with the payments to make the death ben- year, the World Health Organization more mundane challenges, like the loss efit increase retroactive are not taxed. convened a conference on this issue. of the main breadwinner. I appreciate the support of the Na- The WHO concluded that the inter- Staff Sargeant Kendell Waters-Bey tional Military Family Association for national community does not possess was a 29-year-old Marine from Balti- my amendment. sufficient plans and resources to effec- more. He was one of the first American I also appreciate the support of the tively respond to an outbreak of the servicemembers to die in Iraq, among Senator from New Jersey, Senator avian flu and that additional resources 12 people killed in a helicopter crash. CORZINE, who is a cosponsor of this and attention to this issue are urgently Michael and Angela Waters-Bey lost amendment. needed. The WHO called for $100 mil- their only son; that’s hard enough. But I hope that the Senate will send a lion in new resources from the inter- 10-year-old Kenneth lost his father. My strong message that we intend the national community to prevent, and if Maryland colleague in the House, Con- military death benefit to be tax-free. Mr. GRASSLEY. I want to thank my necessary, respond to an outbreak of gressman DUTCH RUPPERSBERGER, friend, Senator MIKULSKI, for her work the avian flu. helped to set up a trust fund to pay for on this issue. You have called atten- Mr. OBAMA. Just for the record, the Kenneth’s college education. tion to a solemn and critically impor- $100 million figure is important for our Another Marylander, Naval Reserve tant issue, and I commend you and join purposes here today. Before the Appro- Lieutenant Kylan Jones-Huffman, was with you in your commitment to en- priations Committee put together the killed by small arms fire in Iraq. Lieu- sure that we provide a real and mean- supplemental, we discussed the impor- tenant Jones-Huffman was a graduate ingful death gratuity to the families of tance of immediately addressing the of the U.S. Naval Academy in Annap- our brave young men and women who olis, and he returned there to teach avian flu before the situation spirals have paid the ultimate sacrifice. And I history before being deployed to Iraq. out of control, and that $25 million is also share your commitment to ensure These are just two of the many fami- an appropriate amount to deal with that those who have paid the ultimate lies in Maryland and across the Nation this critical emergency. I am correct? sacrifice are not forced to pay again— Mr. LEAHY. Yes, the Senator is cor- that experience the sacrifices of this to the IRS, in the form of taxation of war every day. They deserve our grati- rect. When the Appropriations Com- these gratuity payments. mittee was putting together the Sup- tude—not just words, but deeds. Unfortunately, addressing the tax plemental, the Majority and Minority, I’m proud to be a member of the Ap- treatment of these payments on this working together, included $25 million propriations Committee. We did what bill could raise procedural hurdles to to prevent and respond to an outbreak is right to support our troops by re- getting this bill signed into law as of the avian flu, because of the urgent porting out a strong emergency supple- quickly as possible. But as Chairman of nature of the situation in southeast mental bill to meet the needs of our the Finance Committee, I pledge to Asia. men and women in uniform in Iraq and work with you, Senator BAUCUS in his I would also add that $25 million is Afghanistan and around the world. We role as ranking member, and the rest of one-fourth of the WHO appeal, and as did what is right by increasing the the Finance Committee and Congress we know, the traditional U.S. share of military death benefit immediately to ensure that these gratuity payments such multilateral efforts is one-fourth paid to the family of a member of our will not be subject to Federal tax and of the total cost. I would also point out military who is killed. to enact any necessary changes at the that this is the amount that has been This bill will raise the military death earliest possible date on the first avail- authorized in S. 600, the Foreign As- benefit from just over $12,000 to able vehicle. I look forward to working sistance Authorization bill that was $100,000. with the gentlelady to resolve this debated in the Senate last week. The supplemental bill also provides a issue expeditiously. Mr. OBAMA. I also know that USAID benefit to make the increase retro- Mr. BAUCUS. Mr. President, I rise to has already formulated a rapid re- active to October 7, 2001, the start of support the efforts of my friend and sponse plan to use this $25 million, if it the war in Afghanistan after the Sep- colleague Senator MIKULSKI to protect is ultimately appropriated. tember 11 attacks. payments to the families of our brave Mr. LEAHY. That is correct. The ad- The Senate has also rightly adopted Americans serving and dying for this ministration urgently needs this the Kerry amendment to ensure that country. There are currently 1,254 Mon- money and it will be well spent if ap- the death benefit increase covers all tanans deployed overseas in Iraq and propriated. In fact, the money will be soldiers, sailors, airmen and marines Afghanistan with one-third of those de- used to address the avian flu and build who die on active duty. ployed coming from our guard and re- lasting mechanisms and networks to I also appreciate the Senate’s adop- serve forces. We have lost seven service address other viruses that will un- tion of the Salazar amendment, to me members since the war on terrorism doubtedly arise in southeast Asia. The the so-called death gratuity as fallen began and with each sacrifice I am $25 million to combat the avian flu is heroes compensation. While we under- made more aware of the strength and important for Southeast Asia and the stand that no compensation can make commitment of our military families. United States. up for the loss of a family member, the Senator MIKULSKI has wisely offered ENSURING THE MILITARY DEATH BENEFIT IS TAX new name adopted by the Senate recog- an amendment to ensure that the addi- FREE nizes that we are helping the families tional death gratuity benefits would Ms. MIKULSKI. Mr. President, I rise of our fallen heroes. not be subject to taxes, just as other to speak on my amendment No. 497 to I believe just about every Senator death gratuity benefits for military ensure that increased military death shares my view that the military death families are tax-free. It is certainly my benefits are tax free. benefit should not be taxed. hope that such an amendment is not We know that more than 1,700 serv- We need to make sure that the full needed. However, I have promised to icemen and women have made the ulti- amount is paid to the family of a serv- work with Senator MIKULSKI and my mate sacrifice in Iraq and Afghanistan. ice member who dies for our country. good friend, Chairman GRASSLEY, to We don’t always focus on the families We are a grateful Nation, and this is clarify that this is the case, should that have to live their lives without a one of the ways we express our grati- there be any question in the future husband or wife, without a son or tude. about the tax-free status of these pay- daughter, without a father or mother, Under our tax law, the death benefit ments. Certainly, for these families without a brother or sister. is excluded from gross income. That who have already given so much to this Already in March, Newsweek esti- means families don’t have to pay in- country, it is the right thing to do. mated that 1,043 American children had come tax on it. We don’t want the fam- Ms. MIKULSKI. Mr. President, I lost a parent in Iraq. The stories of ily of a hero who died for our country would like to thank the chairman of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4089 the Finance Committee, Senator However, this language does nothing to But the mission there is not com- GRASSLEY, and the ranking member, guarantee that contracts stay local; in- plete. Even this week Iraq has been Senator BAUCUS, for their support of stead it simply shifts the authority to struck by deadly violence against inno- ensuring that death benefits paid to award Government prime contracts cent civilians. And the nascent govern- the families of those who give their away from a Federal agency and gives ment, even after the first election, can lives for our country are tax-free. I ap- that authority to private, for-profit only be described as fragile. The Iraqi preciate their commitment to getting corporate entities. The availability of people are in the midst of an experi- this done through appropriate tax leg- prime and subcontracting opportuni- ment with democracy—an experiment islation, if necessary, as soon as pos- ties for small firms at the DOE is a that must succeed. This supplemental sible. And I appreciate the help of their complicated issue that needs a thor- bill will give them the tools and re- staff on the Finance Committee, who ough investigation and analysis before sources they need to succeed. worked with my staff on this issue. adopting legislation that could irrep- The legislation also provides critical Given these commitments from arably harm small businesses through- funds for the mission in Afghanistan. Chairman GRASSLEY and Senator BAU- out the Nation. An emergency supple- The war against al-Qaida and inter- CUS, I will not proceed with my amend- mental bill is not the place for this lan- national terrorism is not yet won, and ment on this critical supplemental ap- guage. our forces need these funds to continue propriations bill to meet the needs of Finally, I have received a draft copy the fight, to support the emergence of our troops. of the GAO report requested by Sen- a free Afghanistan, and to bring Osama I thank the Chair and yield the floor. ators DOMENICI, BINGAMAN, SNOWE and bin Laden to justice. Mr. KERRY. Mr. President, the Sup- myself on this very subject—DOE small Last week, the Senate adopted two plemental Appropriations bill includes business contracting. The draft report amendments I offered to improve bene- a provision, Section 6023, which allows has a number of disturbing findings in- fits for surviving military families. the Department of Energy to count cluding: the complete lack of oversight One amendment extends the length of subcontracts towards their small busi- in M&O subcontracting by the Depart- time surviving families may stay in ness prime contracting goal and caps ment of Energy, falsified reporting military housing free of charge to one year. Military families suffer in unique the total agency small business goal at data, and the mismanagement of sub- ways when a loved one is lost in the 23 percent. contracts by large prime contractors. Section 6023 amends the Small Busi- Given the serious nature of the prob- line of duty. In the midst of grieving ness Act, which falls under the juris- lems with these M&O contractors, it is they must almost immediately plan to diction of the Senate Committee on highly inappropriate for the Congress move and change their entire life. For those with children in school, the loss Small Business and Entrepreneurship to now exempt the Agency from its oversight duties and hand over all con- is compounded by the disruption in but neither Senator SNOWE, the chair- school and friends that moving in the woman of the committee, nor I, the trol to these companies. I have worked diligently with Sen- midst of the school year may bring. ranking member, were consulted about ators SNOWE, BINGAMAN, and DOMENICI The amendment the Senate accepted this language prior to its introduction. to find compromise language that last week gives surviving military fam- The Senate Committee on Small would address Senator DOMENICI’s con- ilies the opportunity to get their af- Business and Entrepreneurship has a cerns without causing irreparable dam- fairs in order, to finish the school year, longstanding position opposing the age to the small business community. and to better cope with the loss of a counting of subcontracts towards small Unfortunately, we ran out of time be- loved one before having to move. I business prime contracting goals at the fore this bill was adopted. However, I thank my colleagues for their support Department of Energy. And for good hope that we can continue to work on in this effort. reason, doing it this way is faking. It’s finding a real solution and correct this The second amendment I offered in- saying that you are awarding prime harmful provision in the conference to creases to $100,000 the death gratuity Federal contracts to small business ensure that small businesses receive paid to survivors of service members when you really aren’t. their fair share of DOE contracts. I be- who die on active duty. The current This language will essentially cut lieve we can do that without adversely law provides a miserly sum of $12,400. I small businesses out of contracts at affecting the agency’s ability to suc- began talking about the need to in- the Department of Energy across the cessfully permit its core duties. crease the death gratuity more than a Nation by removing all incentives for Mr. President, the emergency supple- year ago. When the administration an- the agency to create prime contracting mental appropriations bill before the nounced its proposal earlier this year, opportunities for these firms. This pro- Senate is a vitally important piece of it sought to limit the increase to those vision would reduce the amount of con- legislation. It provides $81 billion in who died in Iraq and Afghanistan. No tracts available for small firms, immediate funds for U.S. operations in one thought that was a good idea, in- shrinking their revenue stream, reduc- Iraq and Afghanistan, and to meet crit- cluding the uniformed leadership of the ing jobs and hurting the economy. ical needs for other important national United States military. The Senate Ap- Also, by reducing competition in the priorities, including tsunami relief. propriations Committee addressed part marketplace this language would pre- The war in Iraq has been a divisive of the problem in its mark of this bill, vent the Federal Government from issue in our country. People have pas- but avoided the simple solution of benefiting from the billions of dollars sionate views on the subject—a passion changing U.S. Code to read ‘‘$100,000’’ in savings that come from that com- that is matched by our concern for the instead of the current $12,000. My petition. welfare of the men and women of the amendment did just that. And I thank Even more problematic is the prece- American military. It is that concern my colleagues for their overwhelming dent this would set for government and a real desire for them to succeed support of it. contracts. It would open the door for that has driven us all to push the ad- Our missions in Iraq and Afghanistan any agency with management and op- ministration toward adopting a better are not yet done. Until they are, the erations contractors, facilities man- approach to the mission in Iraq. administration must continue to build agers, or systems integrators to seek In recent months, President Bush has international support for our efforts an exemption from Federal acquisition made progress in drawing additional and ensure that the men and women of law with regard to prime contract international support to the training of the American military have everything awards to small firms. Iraqi security forces. We can wonder they need to succeed and that their Mr. President, I recognize the con- what took so long and hope that their families have the support they need cern that Senator DOMENICI has for his efforts in recent months were just the and deserve. firms in New Mexico and for the two beginning, but we all recognize that The Congress has an important re- DOE laboratories located in his State. the Iraqi election was an important sponsibility to pass this legislation The loss of contracts by local busi- milestone and success—a success made swiftly. Any effort to unnecessarily nesses is a concern that Senator SNOWE possible by the courage of the Iraqi burden this legislation with immigra- and I would be happy to address with people and the dedication of the men tion provisions in conference will un- Senators DOMENICI and BINGAMAN. and women of the American military. necessarily delay the passage of this

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4090 CONGRESSIONAL RECORD — SENATE April 21, 2005 vital legislation to the detriment of more and more veterans are turning to We support out troops by getting the men and women in the field today. VA. That’s why I supported an amend- them the best equipment and the best I strongly urge the conferees to reject ment by Senator MURRAY to increase protection we can provide. We support any effort to attach the REAL ID Act veterans funding by $2 billion to meet them by making it easier for our cit- to this legislation. Let’s pass a clean the health care needs of soldiers re- izen soldiers in the National Guard and bill that provides our forces with the turning from Iraq and Afghanistan and Reserves to serve their country. And tools they need and the resources they other war veterans. Although this we support them by ensuring that their need to succeed. amendment was defeated, I will con- families do not face a financial crisis Ms. MIKULSKI. Mr. President, I sup- tinue to fight for adequate funding for at the moment when they are grieving port our troops and their families. I am veterans’ health care, because the VA the loss of a soldier who has sacrificed behind them 100 percent. They deserve will continue to see more enrollment of everything for our country. our gratitude, not just with words but veterans and a higher demand for care. Mr. FEINGOLD. Mr. President, today with deeds. We must do right by our We know that nearly 40 percent of I cast my vote in support of the 2005 troops and their families. This strong the soldiers deployed today in Iraq and supplemental bill for Iraq, Afghani- emergency supplemental appropria- Afghanistan are citizen soldiers who stan, and tsunami relief. I do so despite tions bill helps us do just that. come from the National Guard and Re- my strong objections to the adminis- In this bill we have provided $5.4 bil- serves. More than half of these will suf- tration’s policy of continuing to fund lion to fix or replace equipment that fer a loss of income when they are mo- our military operations in Iraq and Af- has been damaged during combat oper- bilized, because their military pay is ghanistan through emergency supple- ations. We have also added $3.3 billion less than the pay from their civilian mental bills, as if the needs of our men to add armor to all convoy trucks, buy job. and women on the ground in these more armored vehicles and provide hel- Many patriotic employers and state troubled countries comes as some sort icopter survivability systems. governments eliminate this pay gap by of surprise. These needs should be ad- To help protect our troops from dead- continuing to pay them the difference dressed in the regular budget request ly improvised explosive devices, IEDs, I between their civilian and military so that they can actually be paid for, supported the addition of $60 million pay. The Reservist Pay Security not placed on the tab of the American for the Army to purchase field jam- amendment, which I worked on with people so that debt can pile up. ming systems $213 million for the Senator DURBIN, will ensure that the The American people deserve honesty Army to purchase Up-Armored U.S. Government also makes up for in budgeting, and they deserve straight Humvees. We have preserved support this pay gap for Federal employees who answers about just how long they for C130J aircraft, so vital to trans- are activated in the Guard and Re- should expect the United States to con- porting troops and materiel around the serves. tinue shouldering this extremely heavy world. Americans joined the world in burden in Iraq. Some have suggested To ensure that we do all we can to mourning the loss of more than 150,000 that calling for straight answers some- care for soldiers when they are injured, victims of the Indian Ocean Tsunami how undermines the mission at hand. this bill includes an additional $275 last Christmas. Together, we prayed Nothing could be further from the million for the Defense Health pro- for the 7 million displaced survivors truth. A clear vision, clear goals, and gram. It also eliminates a petty charge that God may give them the strength clear plans are essential to success. I to some service members recuperating to persevere and overcome this, the hope the administration will articulate from combat injuries in military facili- largest natural disaster of our time. ties who are being asked to pay for But expressions of sympathy are not them soon. But this tremendously irresponsible their own meals. enough. As I said at the time of this budgeting and dangerously vague over- More than 1,700 servicemen and terrible disaster, the United States all strategy do not change the fact that -women have made the ultimate sac- must set the example and lead the our troops on the ground need timely rifice in Iraq and Afghanistan. Part of world in the humanitarian effort of re- support, and I will cast my vote to see the debt of gratitude we owe the fami- covery and rebuilding. lies they leave behind is to ensure that So I am especially proud that this that they get it. I was in Afghanistan they do not have to face a financial cri- bill includes $907 million to help keep and Iraq less than two months ago, and sis at the same time that they are deal- America’s promise to tsunami victims. I was inspired by the commitment and ing with the loss of a loved one. It provides $656 million for the Tsu- professionalism of the service men and To help alleviate their burden, we nami Recovery and Reconstruction women I met there. have increased from $12,000 to $100,000 fund to support on-going and long-term I was pleased the Senate adopted my the Fallen Heroes compensation for relief efforts. It also provides $25 mil- amendment that would correct a flaw family members of those brave troops lion for U.S. tsunami warning pro- in current law that unintentionally but who make the ultimate sacrifice on be- grams to help prevent future human severely restricts the number of fami- half of our country. We have applied disasters on the scale we have seen in lies of injured service members that this increase retroactively, to include Asia. qualify for travel assistance. Too many all those who have died since the begin- Because it is just as important to families are being denied help in vis- ning of operations in Afghanistan, and support our communities at home as it iting their injured loved ones because we have extended this compensation to is to support our troops in the field, I the Army has not officially listed them apply to every service member who will continue to fight for responsible as ‘‘seriously injured,’’ even though dies while on active duty, not just in a military budgets. For that reason, I these men and women have been evacu- designated combat zone. joined Senator BYRD’s call for the ated out of the combat zone to the We also need to make sure that fami- President to fund our operations in United States for treatment. My lies receive the full amount of this Iraq and Afghanistan through the reg- amendment will provide at least one compensation. Working closely with ular budget and appropriations process. trip for families of injured service Senator GRASSLEY, I have taken steps After 3 years in Afghanistan and 2 members evacuated to a U.S. hospital to ensure that the full benefit is tax years in Iraq, we should not be funding so that these families can quickly re- free. Senator GRASSLEY has assured me these operations as if they were sur- unite and begin recovering from the that this important correction will be prise emergencies. trauma they’ve experienced. added to the next tax bill considered in I also joined Senator BYRD in his call I want to make plain that I also be- the Senate. for the President to provide Congress lieve that our diplomats on the ground To further ease the strain for these information on the costs so far of these in tough situations deserve our support families, we have allowed the family of operations and for an estimate of what and certainly deserve the resources a service member who dies to remain in we can expect them to cost in coming they need to provide for their own se- military housing for a year, rather years. curity. Any suggestion that we can than the 6 months currently allowed. This bill is a Federal investment in pursue our political strategy on the The veterans’ health care system is supporting our troops and their fami- cheap while leaving the military alone stretched to the limit at a time when lies. responsible for the success or failure of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4091 the U.S. intervention in Iraq is foolish. In April of 2003, just a little over 2 edly high rate, the promised money But I did vote to reduce some of the years ago, Congress, at the President’s from Iraqi oil receipts was becoming an funds for the State Department pro- request, provided approximately $78 urban legend, and we were still dealing vided in this bill, including funds for billion to meet the challenge in Iraq. with a pervasive insurgency. the embassy in Iraq—an embassy that Six months later, in October of 2003, By June of 2004, we knew or should will be the most expensive U.S. em- the administration came back to us have known that Iraq was going to be bassy in the world. These expenses sim- and requested another $87 billion in the a part of this Nation’s financial respon- ply do not belong in an emergency sup- form of a supplemental appropriation sibility for some time to come. But I plemental. They are predictable, they to fund continuing operations in Iraq. understood that the situation was still are ongoing, and they can be provided In early June of 2004, the Senate uncertain. We had only been in Iraq lit- through the regular appropriations voted for another $25 billion to keep tle more than a year and I was sure process. operations going through the end of that the President’s 2006 Defense budg- I regret the managers of the bill did that year. Now we are faced with yet et proposal would more accurately re- not seize the opportunity to extend the another emergency supplemental re- flect the costs of the war. I understood mandate of the Special Inspector Gen- quest of more than $80 billion. that we could not drop the ball on the eral for Iraq reconstruction in this bill. I agree that there is a need to ade- welfare of our troops. I supported the Transparency and accountability in quately fund our troops. We must do President’s request. the reconstruction effort is not about everything we can to protect our men Now the President is requesting an finding new things to criticize. It is and women who are in harms’ way. additional $80 billion to support ongo- about responsible stewardship of U.S. What I don’t understand, quite frankly, ing military efforts in Iraq and Afghan- taxpayer resources, and it is about get- is this President’s inability or unwill- istan. It seems as if we have been here ting reconstruction right. Ultimately, ingness to make this request a part of before. I have to ask myself, when does it is about achieving our goals in Iraq. the normal budget and appropriation an ‘‘emergency’’ supplemental request We need ongoing, vigorous, focused process that we go through every year. become sufficiently routine that it oversight of the reconstruction effort. As you recall, in April of 2003, the should be considered as part of our nor- While I was unable to get my amend- President requested $78 billion in emer- mal budget process? ment passed, I will continue to work to gency military funding. We were at the Over the last 2 years we have been ensure that this need is met. beginning of a war. Although it was a subjected to this ‘‘emergency’’ four Finally, I strongly support the tsu- war of our choosing, I understood the times. We have had two budgets come nami relief provisions in this bill. The uncertainty that war brings. Further- to Capitol Hill from this administra- scale of this December 2004 tsunami more, I understood the value of not al- tion in that time. Neither of those disaster was nearly overwhelming, and lowing our enemies to get a read on our budgets requested one thin dime in the human losses were horrifying. I intent by peering into our budget proc- support of our troops in Iraq or Afghan- know that most of us here in the Con- ess over the course of a year. I sup- istan. The present way in which we fund gress and most Americans are firm in ported the President’s request. these conflicts is irresponsible and our resolve to be strong, consistent A mere 6 months later, President unsustainable. This administration, by partners to the survivors and the af- Bush returned to this body to request not properly submitting this request fected communities. another $87 billion for ongoing military through the normal budget and appro- Mrs. LINCOLN. Mr. President, as de- operations in Iraq and Afghanistan. At bate about the supplemental appropria- priations process, has effectively cut that time, our troops were facing the tions for military operations and re- off our oversight role. imminent and ever-present danger of construction in Iraq and Afghanistan We now only have a scant few weeks guerilla attacks. to consider one of the most important comes to a close, I would like to ensure Also, many of our troops were ex- that our focus remains on the welfare pieces of funding legislation we will pressing concerns that they were not of our Nation’s troops. consider this year. Furthermore, as adequately trained for the specialized That is why I would like to speak on this supplemental becomes more and behalf of the men and women who are demands of peacekeeping and policing more routine, we run the risk of hiding serving in our Nation’s Armed Forces— that the reconstruction effort required. the true costs of the war from the Moreover, the dangers and difficul- those currently on active duty as well American people. ties that our troops faced went far be- as in the National Guard and Re- The American people have every serves—who are serving today in Iraq, yond the threat posed by attacks from right to know, in as clear and straight- Afghanistan, and across the globe. insurgents and guerillas. I grew in- forward a manner as possible, what the Since the President declared an end creasingly concerned about the condi- financial costs of the war are. By ex- to major combat operations in Iraq on tions under which many of our troops cluding those costs from the normal May 1, 2003, 1,419 American troops have were being forced to serve in the Mid- budget process we obscure the true ef- died in Iraq and more than 11,000 have dle East. fect of this conflict on our national been wounded. I was consistently hearing about debt, our budget and our economy. I Even if combat in Iraq is something shortages of quality food and water. I believe that the American people de- that no longer makes the front pages of was hearing that our troops were not serve more transparency from us. our newspapers, it is still agonizingly properly equipped with the tools of We are now at the point where poor clear that our troops remain in danger. warfare. I was hearing of parents send- budget planning is no longer accept- That is why it is even more impor- ing their children bullet-proof vests be- able. We can no longer accept the argu- tant for this body to use sound judg- cause the military could not or would ment that unexpected events have ment and good planning. One of my not provide them. changed our outlook therefore we must major concerns is that year after year Although the administration had have a supplemental. We know that we have found a way to take the proc- completely misjudged the nature of Iraq is unpredictable. We know that ess of funding military operations in this conflict, I understood that our unforseen events occur. Our planning Iraq and Afghanistan out of our regular troops must not suffer because others must be flexible enough to accommo- budget process. had let them down. I understood that date this reality. I am frustrated, quite frankly, that whatever this administration’s short- We see very clearly the effects of we have been subjected to this bian- comings were in terms of planning, our poor planning. We have seen it in the nual ritual. I am frustrated that ques- troops’ safety and well being came way our troops have been inadequately tioning the timing of these requests first. I supported the President’s re- equipped early on in this conflict. We may cause our political opponents to quest. have seen it in the way this adminis- call us unpatriotic. But, most of all, I Once again, in June of 2004, this ad- tration has failed to properly budget am frustrated that doing my duty as a ministration asked for another $25 bil- and has been forced to run to Congress U.S. Senator could be considered any- lion supplemental for the ongoing ef- for emergency funds every 6 months. thing less than keeping a sacred trust forts in Iraq. At that time, we were In spite of the haphazard way that with our men and women in uniform. spending money in Iraq at an unexpect- this administration has planned for the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4092 CONGRESSIONAL RECORD — SENATE April 21, 2005 financial aspects of this conflict, this Bush administration and the inter- inactivity, MINUSTAH has recently Congress must keep faith with our national community had an oppor- stepped up its efforts to disarm former troops and the American people. Part tunity to become engaged in Haiti well members of the Haitian military and of that is making sure that we hold before we reached the current state of others. Indeed, recently two United Na- this administration and any future ad- affairs. It failed to do so. The presence tions peacekeepers were killed during ministrations accountable for proper of President Aristide used to be the operations to control police facilities planning. Bush administration’s excuse to not previously occupied by members of the We must make sure that our troops properly engage with Haiti. Right or former military. are properly equipped and provided for wrong, that issue is no longer a factor. Despite this increase in activity, it is and we must make sure that the Amer- Leadership here on the part of the hard to imagine how MINUSTAH can ican people have a true sense of the Bush administration has been woefully establish real security at its current economic impact of this war. lacking. Indeed, if we continue on our force level. MINUSTAH only reached We know that we will continue to present course, long-term security in its full strength of approximately 7,000 have a commitment in Iraq. The level Haiti may be critically undermined. military personnel and 1,600 civilian of that commitment is no longer a sur- Most immediately, without increased police officers in December. Haiti also prise. I expect to see that commitment United States support, the success of has about 4,000 of its own police offi- reflected in the next Defense budget Haitian elections scheduled for this fall cers, but most of these individuals are that is submitted to this Congress for is in jeopardy—elections, which I badly trained and poorly armed. consideration. I do not believe that an- might point out, could do much for the By comparison, New York City, other supplemental request beyond this stability and well-being of the Haitian which has roughly the same number of one would be appropriate except in the people. citizens as Haiti, is patrolled by 40,000 most extreme circumstances. Mr. President, during the past year, well trained and equipped police offi- We must make sure that our troops Haitians have endured unimaginable cers. That is over three times the num- are safe and have the equipment they hardships. Flooding in late May ber of security personnel as in Haiti. need. But, we must also make sure that claimed almost 3,000 lives. Tropical And it is worth noting that New York the America they return to is stronger Storm Jeanne killed nearly 2,000—mak- is not plagued by many of the problems than the one they left. We must make ing it the deadliest storm this hurri- that Haiti faces every day. sure that their children will not be bur- cane season. These catastrophes were That is why this amendment includes dened with the debt of our irrespon- only compounded by a deteriorating se- funding to support police activities in sibility. We must make sure that we curity environment. They created a vi- Haiti. A critical aspect of this assist- are never accused of shirking our duty cious cycle where widespread looting ance must be police reform. Because to create an America with more oppor- and rioting significantly impeded dis- regrettably, human rights groups re- tunity, more hope and more prosperity. aster relief efforts. port that some members of the Haitian We can only do that when we under- Sadly, such violence and insecurity police have committed abuses, includ- stand that our insistence on using the persists. The government lacks control ing arbitrary arrests and, possibly, normal budget process to fund ongoing over substantial portions of the coun- extrajudicial executions. Unless we operations in Iraq is not an affront to try. Armed gangs continue to terrorize create a climate of trust in Haiti with our men and women in uniform, but the capital of Port-au-Prince. Ele- respect to that nation’s police force, rather, it is our way of honoring them ments of the former military have oc- there can be no lasting security. And it and the nation that they are fighting cupied towns and police stations is difficult to build trust without re- to protect. throughout the countryside. Since Sep- spect for the rule of law and the rights Mr. DODD. Mr. President, as a co- tember alone, around 400 Haitians have of individuals. Any police assistance, sponsor, I rise to discuss the DeWine/ been killed as violence spiraled out of therefore, must be used to teach good Bingaman amendment. This important control after an escalation in pro- policing practices, not just provide new measure would designate $20 million Aristide protests. resources for personnel, guns and am- for critical election assistance, em- The ongoing disorder is perhaps best munition. ployment and public works projects, symbolized by a February 19 attack on Mr. President, the elections sched- and police assistance in Haiti. I am Haiti’s national prison. Approximately uled for this fall in Haiti could be a pleased that agreement has been a dozen armed men assaulted the facil- critical step toward achieving lasting reached to include this amendment in ity and released 481 prisoners, includ- stability. After all, only democrat- the managers’ package. ing drug dealers and other suspected ically elected governments have the le- It has been just over a year since criminals. The attack—which appears gitimacy necessary to fully address the President Jean Bertrand Aristide was to have been assisted from inside—is persistent security and socio-economic forced into exile. It is well known that indicative of the government’s inabil- problems facing the Haitian people. the United States played an active role ity to fully control even its own secu- With assistance from the United Na- in his departure. I do not wish at this rity forces. tions and the Organization of American time to consider just how great that If we are going to move toward a States, the Haitian government is or- role may have been. But as I have stat- more hopeful future for Haiti, then we ganizing voter registration and pre- ed before, I am troubled that our Gov- need to renew our support for the Hai- paring the technical measures nec- ernment chose to use its influence to tian people. That means, of course, essary to conduct accurate and fair remove a democratically elected lead- working to establish basic security. polling. Smooth and successful polling er—and for all of President Aristide’s Clearly, we need to reign in the armed operations are necessary to ensure that faults, he was that—rather than work- gangs and former military. But that is the election outcome is never in doubt. ing to restore stability. not enough. Long-term stability also To enhance the effectiveness of these To its credit, the United Nations requires a sustained commitment to efforts, this amendment would make Peacekeeping force in Haiti, democratic institutions and to eco- available critically needed funds for MINUSTAH, has done much to reestab- nomic development. election assistance. lish security following President Last July, the United States pledged To ensure full legitimacy, however, I Aristide’s departure. I applaud those approximately $250 million in aid for believe that the Haitian government countries, particularly those Latin fiscal years 2004 and 2005. The United must also take steps to re-engage with American countries, which have con- States provided $130 million of that as- the Lavalas family party of President tributed forces. I am also encouraged sistance last year. That’s a good start. Aristide, which has threatened to boy- by the work of the international com- But we need to do more. cott the elections. The Lavalas party is munity in support of the Haitian elec- Mr. President, the United Nations the largest and best organized party in tions scheduled for this fall. peacekeeping force in Haiti, Haiti, and without its participation, I But without United States leader- MINUSTAH, is making important con- am concerned that the election results ship, I am afraid that any temporary tributions to peace and stability in will not be accepted by the Haitian stability will be fleeting. Indeed, the Haiti. While it was criticized for early people.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4093 A critical step toward re-engaging bility. Too often in our history, our ne- American workers could be found, (2) the Lavalas party would be releasing glect of Haiti’s most basic problems documenting the background of the former Prime Minister Neptune and have left us with no choice but to in- worker and the nature of the work, and any other Lavalas party members who tervene when instability breaks out (3) consequences for breaking the law, I are currently being held without for- into open crisis. Only through think we are a safer Nation when we mal charges being brought against proactive leadership and a commit- encourage illegal migrants and their them by Haitian authorities. To that ment to long-term development in employers to come out from the shad- end, I, along with several of my col- Haiti can we break this cycle. For all ows and show themselves. leagues, wrote to Prime Minister these reasons, I am pleased that this Encouraging employers and foreign Latortue requesting that he inform us amendment has been accepted as part workers to work within the bounds of on what charges the former Prime Min- of the managers’ package. I urge the law will allow our border agents to bet- ister is being held, and if there are no conferees to ensure that this language ter focus their efforts on those who formal charges filed, to release him im- is included in the conference agree- would enter the country to do our citi- mediately. I have yet to receive an an- ment of this bill. zens harm. And up on the Northern swer from the Haitian government. Mr. BAUCUS. Mr. President, I wish border, what used to be our nation’s But in the long-term, no single elec- to address several amendments offered backdoor and is quickly becoming the tion can eliminate the instability and to the emergency supplemental appro- front door, we face that more unlikely disorder that has afflicted the Haitian priations bill this week. We are debat- threat precisely because all eyes are on people for centuries. These problems ing this emergency appropriation pri- the southern border. have their root in persistent poverty marily to see to the needs of the men I’m not talking about amnesty, and and economic dislocation, and they can and women who are serving on the I’m not talking about rushing into only be resolved through active en- front line in Iraq and Afghanistan. some sweeping immigration reform. I gagement by the United States. That’s because it’s our job to make think that requires broader and more Haiti is the poorest country in the sure that our troops get the support considered deliberation by Congress. western hemisphere; 65 percent of the and the resources they need when they But it does make sense to begin to doc- population lives below the poverty line. need them. ument and track the movement of ille- But there is another front line we The average income is $250. Life ex- gal migrants who would otherwise pay should not forget about, and that in- pectancy is a mere 53 years, and half of taxes and abide by our laws if they cludes the home front. And serving on the population does not have access to could earn the chance to do so. This in the home front are the men and women clean drinking water. Only 50 percent turn helps our small and seasonal busi- of the National Guard, Border Patrol, of the population works in the formal nesses maintain a reliable, screened Immigration and Customs agents, as economy. In such an environment, is it and legal workforce, and it allows us to any wonder that Haiti has suffered well as the police forces who serve in big and small communities alike. focus our attention on stopping would- from years of violence and disorder? be terrorists from crossing our borders. Sadly, children are particularly af- They, too, need resources and sup- port from Congress. And while we have The PRESIDING OFFICER. The fected by these impoverished condi- question is on the engrossment of the tions. Over one in ten Haitian children a process by which Congress deter- mines on a yearly basis what those amendments and third reading of the dies before age five. Approximately 20 needs are, I am not content to just bill. percent of all children suffer from wait and see. I am concerned about the The amendments were ordered to be malnourishment. Haiti also has the fate of important legislation that was engrossed, and the bill to be read a highest prevalence of HIV/AIDS in the passed last fall that authorized putting third time. western hemisphere, and 4,000 to 6,000 more border patrol agents on our front The bill was read the third time. children in Haiti are born with the line—which more and more often is up Mr. COCHRAN. I ask for the yeas and virus each year. Yet according to the on the highline of Montana, and not nays. World Bank, in the 1990’s, there were only across desert stretches on the The PRESIDING OFFICER. Is there a only two physicians for every 10,000 Southern border. sufficient second? There is a sufficient Haitians. That figure is unlikely to That legislation, which was nego- second. have improved. To combat the effects tiated as part of the National Intel- The bill having been read the third of such abject poverty, this amendment ligence Reform Act of 2004 and signed time, the question is, Shall the bill would provide assistance for employ- by President Bush, recognized for more pass? ment projects. personnel patrolling our borders. Now, The clerk will call the roll. For many Haitians, moreover, eco- while the administration’s fiscal year The legislative clerk called the roll. nomic progress is impossible because 2006 budget did not propose the funding Mr. DURBIN. I announce that the they lack access to needed infrastruc- called for in that legislation, it is up to Senator from Hawaii (Mr. INOUYE) is ture. There are not enough roads, all of us in Congress to make sure that necessarily absent. schools or hospitals. That is why funds the border patrol gets the help it needs. The PRESIDING OFFICER. Are there designated by this amendment would That is why I am a cosponsor of Sen- any other Senators in the Chamber de- also be available for important public ator BYRD’s amendment to deliver the siring to vote? works. funds our border security personnel de- The result was announced—yeas 99, Lastly, I encourage my colleagues to serve. nays 0, as follows: use the benefits of trade to help the But we have to do more. We need to [Rollcall Vote No. 109 Leg.] Haitian people. Last Congress, I was help the border patrol and other Fed- YEAS—99 proud to cosponsor Senator DEWINE’s eral and State law enforcement agen- HERO Act. This important legislation Akaka Chambliss Ensign cies get their workload under control Alexander Clinton Enzi would have helped reinvigorate the and focus on the most serious threats Allard Coburn Feingold Haitian economy by granting pref- to our Nation’s security. Allen Cochran Feinstein erential trade treatment to certain Surely, we all want to know who the Baucus Coleman Frist Haitian textile products. I was pleased Bayh Collins Graham millions of undocumented aliens are Bennett Conrad Grassley that the Senate passed this bill last who cross our borders each year. And Biden Cornyn Gregg year. Unfortunately, it met opposition many of these people live and work Bingaman Corzine Hagel in the other body. I hope we can make amongst us. The vast majority of these Bond Craig Harkin Boxer Crapo Hatch that legislation a priority in the 109th undocumented workers are here be- Brownback Dayton Hutchison Congress. cause there are jobs—in the service, ag- Bunning DeMint Inhofe Mr. President, in 1994, the United ricultural or other sectors—for which Burns DeWine Isakson States launched an armed intervention Burr Dodd Jeffords employers cannot find willing Amer- Byrd Dole Johnson to reestablish Haitian democracy. Last ican workers. Cantwell Domenici Kennedy year, the United States again sent a As long as tough standards are in Carper Dorgan Kerry contingent of Marines to restore sta- place for (1) proving that no willing Chafee Durbin Kohl

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4094 CONGRESSIONAL RECORD — SENATE April 21, 2005 Kyl Murray Shelby the past and this full committee, as a more funds for the wars in Iraq and Af- Landrieu Nelson (FL) Smith Lautenberg Nelson (NE) Snowe matter of fact. ghanistan and for reconstruction ef- Leahy Obama Specter Specifically, I am thinking about forts in those countries. With approval Levin Pryor Stabenow Senator BYRD, the distinguished Sen- of this supplemental, we will have ap- Lieberman Reed Stevens ator from West Virginia, who has proved over $280 billion for the two Lincoln Reid Sununu Lott Roberts Talent served as chairman of this committee wars through emergency supplemental Lugar Rockefeller Thomas and ranking member of the committee; bills. We should not continue to fund Martinez Salazar Thune Senator STEVENS, who is chairman of these wars in this way. This is not the McCain Santorum Vitter the Defense Appropriations Sub- chairman’s fault. He can only respond McConnell Sarbanes Voinovich Mikulski Schumer Warner committee; Senator INOUYE, who is the to the administration’s proposals. It is Murkowski Sessions Wyden senior Democrat on that sub- evident that many of my colleagues are NOT VOTING—1 committee, both of whom helped shape in agreement that funding for war ac- the content of this bill in areas under tivities should be processed in regular Inouye the jurisdiction of their subcommittee; annual appropriations measures, not The bill (H.R. 1268), as amended, was and the staff director, Keith Kennedy, through emergency supplementals. passed, as follows: who is back from a leave of absence he This was clearly and emphatically ex- (The bill will be printed in a future had doing other things for the last sev- pressed again in of the sense of the edition of the RECORD.) eral years but who, as a former staff di- Senate amendment earlier this week. I The title was amended so as to read: ‘‘An rector of this committee, provided hope that this administration will take Act Making Emergency Supplemental Ap- serious note of the Senate’s strong propriations for Defense, the Global War on strong leadership for our staff and gave Terror, and Tsunami Relief, for the fiscal me tremendous support which I needed view in this regard. year ending September 30, 2005, and for other to get this bill to this point. I am very I assure my colleagues here today purposes.’’. grateful to him for his support and and the people of this country that I Mr. COCHRAN. I move to reconsider those who worked closely with him, fully and wholeheartedly support our the vote by which the bill was passed. like Terry Sauvain on the Democratic men and women in uniform. I give Mr. CRAIG. I move to lay that mo- side; Sid Ashworth, who is the clerk of these troops my gratitude and my re- tion on the table. the Defense Appropriations Sub- spect. I wish that we could give them The motion to lay on the table was committee, and her counterpart on the more—I wish that we could give them a agreed to. Democratic side, Charlie Houy; Paul clearly defined mission, with a clearly The PRESIDING OFFICER. Under Grove; Tim Rieser; Clayton Heil, who defined strategy for ending the war in the previous order, the Senate insists is counsel to the committee; and Chuck Iraq and coming home. on its amendment, requests a con- Kieffer, all of whom provided very im- But, this administration is not wind- ference with the House on the dis- portant and appreciated support to me ing down its military operations in agreeing votes of the two Houses, and during the handling of this legislation. Iraq—that is evident from the size of the Chair appoints Mr. COCHRAN, Mr. Mr. BYRD. Mr. President, as we bring this most recent request submitted by STEVENS, Mr. SPECTER, Mr. DOMENICI, to a close the debate on the emergency the President. To the contrary, it ap- Mr. BOND, Mr. MCCONNELL, Mr. BURNS, supplemental, H.R. 1268, I thank my pears that the United States may be Mr. SHELBY, Mr. GREGG, Mr. BENNETT, good friend from the State of Mis- gearing up either to accommodate a Mr. CRAIG, Mrs. HUTCHISON, Mr. sissippi, the chairman of the Appro- permanent military presence in Iraq or DEWINE, Mr. BROWNBACK, Mr. ALLARD, priations Committee, THAD COCHRAN. to establish a launching pad for other Mr. BYRD, Mr. INOUYE, Mr. LEAHY, Mr. Senator COCHRAN was recently in- military operations in the region. This, HARKIN, Ms. MIKULSKI, Mr. REID of Ne- stalled as the new Chairman of the Ap- certainly, would be the wrong message vada, Mr. KOHL, Mrs. MURRAY, Mr. propriations Committee, and, although to send to the people of Iraq and others DORGAN, Mrs. FEINSTEIN, Mr. DURBIN, he has managed numerous bills on the in the region. I pray that this is not the case. Mr. JOHNSON, and Ms. LANDRIEU con- floor in the past, this is the first appro- Thank you, Mr. President, and I yield ferees on the part of the Senate. priations bill that he has managed as the floor. Mr. COCHRAN. Madam President, I the chairman of the Appropriations thank all Senators for their coopera- Committee. I compliment Senator f tion in the passage of this bill. There COCHRAN for a job well done, and I espe- MORNING BUSINESS were a lot of amendments offered, and cially thank him for his patience. In The PRESIDING OFFICER. The Sen- we agreed to some of them. Some of fact, all of the Members should thank ator from Idaho. them were adopted. We are going to him for his patience. We have been on Mr. CRAIG. Madam President, I ask conference with the House now to work this bill for the better part of 2 weeks, unanimous consent that there now be a out differences between the two bills. I and we have given consideration to period of morning business with Sen- am confident we will be able to come many, many amendments. Throughout ators permitted to speak for up to 10 back with a product in the form of a all of these many days of debate on the minutes each. conference report which the Senate can underlying bill and on the numerous The PRESIDING OFFICER. Without support, which will continue to support amendments offered by both sides, Sen- objection, it is so ordered. the additional funding that is needed ator COCHRAN has kept a level head, f for this fiscal year for our troops in the and he has shown patience in seeing field, for those who are deployed in that this supplemental is processed in TRAUMATIC INJURY PROTECTION Iraq and Afghanistan and elsewhere in an orderly manner and that no Member Mr. CRAIG. Madam President, we the world in the war on terror, and will is denied an opportunity to have input have completed a tremendously impor- meet the needs of our State Depart- on this bill. tant piece of legislation for the funding ment through replenishment of ac- I also join with Senator COCHRAN in of our troops in Afghanistan and Iraq. counts that have been depleted because expressing gratitude to the staff mem- During this afternoon, I, along with of the disaster in the tsunami episode bers on both sides of the aisle who Senator DANNY AKAKA, my ranking and for other needs the Senate and helped us with processing this bill and member on the Veterans’ Affairs Com- House have seen fit to include in this all those amendments. They worked mittee, and Senator MIKE DEWINE, appropriations bill. late into the evening hours on some of added an amendment I want to speak As my first bill to manager on the these matters, and I appreciate not for a few moments about because I floor of the Senate as chairman of the only their hard work but also their think it addresses a tremendous gap in Appropriations Committee, I have to unstinting dedication to this institu- the coverage that exists in the treat- give great credit to the assistance I re- tion. ment of the soldiers, sailors, marines, ceived personally from staff members Mr. President, this is only one in a and airmen who are fighting for our here in the Senate, other Senators as series of supplemental requests that country at this very moment. well who are more experienced and who have come from the administration Our amendment addresses the cov- chaired important subcommittees in asking the Congress to appropriate erage gap through the creation of a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4095 new traumatic injury protection insur- total or permanent loss of hearing, gain the normalcy of the lives they en- ance program for the benefit of se- quadriplegia or paraplegia, burns joyed prior to sustaining catastrophic verely disabled service members. But greater than second degree, covering 30 injuries in the defense of our freedoms. before I describe the amendment, let percent of the body or face, certain We now have moved this from an idea me further discuss the nature of the traumatic brain injuries. to an amendment, and now into the problem our amendment attempts to Most of the amendment is entirely legislation that passed. I thank my col- attend. reasonable given the cause. Informal leagues in the Senate for their unani- It is widely known that due to the in- CBO estimates put the fiscal year 2006 mous support of what is a very impor- credible advances in medicine, service cost at about $10 million, a very small tant piece of legislation that fills a members who may not have survived price to pay to meet the needs of those hole and sustains a family and sustains life-threatening injuries in previous wounded warriors. a warrior in his or her greatest time of wars are now making it back home I cannot take credit for the idea be- need—that of recovering from a trau- alive from Iraq and Afghanistan. That hind this amendment. The great credit matic injury and moving into civilian is the good news. The bad news, how- must go to disabled veterans from the or military whole life again. I thank ever, is that they must live with inju- Wounded Warrior Project, run under my colleagues for their support. I yield ries that may have left them without the aegis of the United Spinal Associa- the floor and suggest the absence of a their limbs, sight, hearing, or speech tion. Three Wounded Warrior veterans quorum. ability, or even more. All of my col- from the Iraq war visited my office last The PRESIDING OFFICER. The leagues have likely met these brave week to discuss the need to provide clerk will call the roll. young men and women in their home this type of an insurance benefit. The assistant legislative clerk pro- visits or right here in Washington, DC, One veteran, former Army Staff Ser- ceeded to call the roll. at Walter Reed Army Medical Center. geant Heath Calhoun, had both of his Mr. BAUCUS. Madam President, I They are fighting for their lives. They legs amputated after being struck dur- ask unanimous consent that the order are attempting to learn, through phys- ing a rocket-propelled grenade attack for the quorum call be rescinded. ical and occupational therapy, how to in Iraq. Heath and his wife, Tiffany, The PRESIDING OFFICER. Without reengage back into society, needless to who was present with him in my office, objection, it is so ordered. say, relearning things I and my col- described the financial problems they BORDER SECURITY leagues probably take for granted had endured after Tiffany quit her job Mr. BAUCUS. Madam President, I every day—how to walk, how to read, to be with Heath during convalescence. feel very strongly that we must in- how to simply make breakfast in the It took over a year before Heath was crease our border security. The re- morning and what, for them, can take medically discharged from service. sources of our National Guard, law en- months and quite possibly years to While the Calhoun family was able to forcement, and Customs and Border learn how to redo. make it through, it was an extremely It is during this rehabilitation period trying period. Heath told me he was ad- Patrol agents are stretched way too at military hospitals the need for addi- amant that other servicemen in Iraq thin and they need our help, especially tional financial resources becomes should not have to worry about fi- along the northern border. Their abil- most acute. For many Guard and Re- nances, should they, too, be injured. ity to successfully carry out their daily serve members at Walter Reed, they al- The quickest way to accomplish that, duties is of critical importance to the ready have foregone higher paying ci- he told me, was to add a disability in- safety of all Americans. vilian jobs prior to their deployment. surance rider, financed by service We must protect our borders better Lengthy recovery periods simply add members through monthly premium and work to increase the apprehension to the financial stress they bear. In ad- deductions, to the existing life insur- of illegal aliens crossing into the dition, family members of injured sol- ance program. United States. diers bear the burdens necessary to I am honored to sponsor that amend- The Intelligence Reform and Ter- travel from great distances to provide ment. It is now in the legislation that rorism Prevention Act we passed in the love and emotional support that is passed the Senate. The White House 2004 authorized the hiring of 2,000 new absolutely essential for any successful endorses it. The Defense Department Border Patrol agents. Yet the Presi- rehabilitation. Spouses quit jobs to endorses it. We had a press conference dent’s budget only proposed 210 new spend time with their husbands at the yesterday with the Secretary of Vet- agents—about 10 percent of what is au- hospital, or husbands quit jobs to spend erans Affairs, Jim Nicholson, and the thorized. time with their wives. Parents spare no head of personnel at the DOD. The Border Patrol has been dan- expense to be with their injured chil- I want to also personally compliment gerously underfunded. That is why I dren. Ryan Kelly, who was a visitor also with cosponsored Senator BYRD’s Border Pa- To meet these needs, our amendment me this past week. Mr. Kelly lost his trol amendment, which passed yester- would create a traumatic injury pro- right leg during an ambush near Bagh- day, and why I supported Senator EN- tection insurance rider as part of an dad almost 21 months ago. I am told he SIGN’s amendment today. existing service member’s group life in- was a principal author of the draft leg- I recognize we are fighting the war surance program. The traumatic insur- islation that culminated in the amend- on terrorism overseas, but we need ance would provide coverage for se- ment we offered here this afternoon. I more agents, investigators, detention, verely disabling conditions at a cost of thank him for the tremendously fine and deportation officers at home. approximately $1 a month for partici- work he did. Additional funding will ensure that pating service members. The payment I also thank President Bush, of more illegal aliens will be detained and for those suffering a severe disability course—I just mentioned him—and his our borders will be tightened against would be immediate and would range top administration officials for lending all threats, especially terrorism. The from $25,000 to a maximum of $100,000. their support to this amendment. Sec- best way to prevent terrorism in the Of course, that is to tide them over retary Nicholson, Defense Deputy Sec- United States is to prevent terrorists during this period before the other ben- retary of Defense Paul Wolfowitz, and from entering the United States. efits we all know about kick in. their staffs provided invaluable tech- In my State of Montana, we deal The purpose of the immediate pay- nical support in drafting this amend- with the vast northern border and the ment would be to give injured service ment. terrain is not easy to patrol. As you members and their families the finan- The supplemental already would can imagine, as the southern border is cial cushion they need to sustain them make substantial improvements to tightened, our northern border, which before their medical discharge from the benefits provided to survivors of those used to be America’s back door, is service, when veterans benefits kick in. killed in the line of duty. I applaud all quickly becoming the front door. We The traumatic injuries covered under of those efforts for our veterans and need more agents; it is that simple. our amendment include total and per- their survivors. I also remind my col- That border is long. Agents can only manent loss of sight, loss of hands or leagues we must be vigilant in our care cover so much territory. The agents feet, total or permanent loss of speech, for those who are still fighting to re- need training and facilities.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4096 CONGRESSIONAL RECORD — SENATE April 21, 2005 In addition to personnel and training, things done, but because the rules vision between the two parties. The we must also employ the latest tech- make it so hard. Because the Senate’s rules of the Senate lead to the result: nologies. The Border Patrol conducted rules require Senators to assemble ma- ‘‘Out of many, one.’’ The rules of the successful tests using unmanned aerial jorities of three-fifths, and sometimes House lead to the result: ‘‘Out of many, vehicles—around here known as two-thirds, the rules force Senators to two.’’ UAVs—along the southwest border in find policy positions that appeal more The Senate’s rules are particularly Arizona for surveillance and detection broadly, that transcend party, that important to a State with a small pop- of individuals attempting to enter the bring more Senators together. ulation, such as my home State of U.S. illegally. Unfortunately, those op- Because its rules make it so hard to Montana. This is particularly true in erations were ceased at the end of Jan- get things done, the Senate does much light of the small House delegation uary of this year. Thankfully, the of its work through the ultimate ex- that such small States have. Montana, funds provided in Senator BYRD’s pression of unity—through unanimous as several other States, has one Rep- amendment will allow for the imme- consent. resentative in the House. States such diate resumption of these surveillance Because the Senate’s rules make it as Montana rely on their Senators to and detection operations. UAVs are a hard to get things done, Senators must allow their relatively greater influence safe alternative to placing civilians in work together to get things done. Be- to protect their interests. Without the harm’s way. cause the Senate’s rules make it hard Senate rules, rural America would have It is up to all of us in Congress—not to get things done, no Senator may a much harder time getting heard. just today, but in future days and completely disrespect a second Senator Sometimes it is good that the Senate’s weeks and months—to make sure the because a second Senator might hold rules require more than a thin major- Border Patrol gets the help it needs. up the first Senator’s legislation. ity, in order to make sure that every We must deliver the funds our border Because the rules make it harder to part of the country is truly rep- security personnel deserve to continue get things done, the Senate has resented. their work of apprehending illegal collegiality and comity. It is that sim- Fundamental to the Senate’s rules, aliens, fighting the war on terrorism, ple. The rules make it harder to get for two centuries, has been the right to and keeping the homefront safe. things done, and that forces us to- extended debate. In the First Congress, I might add, it also applies to gether. Because the Senate rules make Senators debated at length the perma- methamphetamines. There is a lot of it harder to get things done, Senators nent site for the Capitol. In 1811, the that coming into our country across of one party must reach out to the House of Representatives provided that our borders. It is a huge problem. I moderates of another party. a motion for the previous question daresay virtually every State in the Let me state for the record, as my could cut off further debate. But the Nation has a significant methamphet- colleagues already know, I am one of Senate rules have not included such a amine problem, and too much is being those moderates. Since 1978, I have motion since the 1806 codification of used by citizens in States. A lot of it is worked in this Chamber to put Mon- the rules. We cannot summarily cut off manufactured locally, but a lot is also tana first, to use common sense, to be debate, as the House can. And even imported. So more Border Patrol effective, and to get things done. Be- after the Senate adopted rule XXII of agents will help us fight not only ter- cause of the way the Senate works and cloture in 1917, the Senate rules have rorism, but the scourge of because of the way I work, that has required a supermajority to bring de- methamphetamines. meant working together with other bate to a close. Since its revision in I yield the floor and suggest the ab- Senators, often across the aisle. 1979, rule XXII has required the affirm- sence of a quorum. I have worked together with Repub- ative vote of 60 Senators to limit de- The PRESIDING OFFICER. The licans to cut taxes, to reform environ- bate. clerk will call the roll. mental laws, to open international Thus, for two centuries, Democrats The assistant legislative clerk pro- markets to American trade, and to up- and Republicans alike have used the ceeded to call the roll. date Medicare to provide prescription Senate’s rules to protect the rights of Mr. BAUCUS. Madam President, I drugs. Why? Because all those are im- the minority party. After two cen- ask unanimous consent that the order portant, and it is important to work turies, it would be a mistake to change for the quorum call be rescinded. together to get those things done. those rules. The PRESIDING OFFICER. Without One of the reasons moderates, like Extended debate allows Senators to objection, it is so ordered. me, of both parties can move com- protect minority interests. Extended f promises and consensus legislation is debate gives life to the traditional because the rules of the Senate require story that Washington told Jefferson PRESERVING SENATE RULES getting more than a simple majority. that, like pouring coffee into a saucer, Mr. BAUCUS. Madam President, en- Contrast that with the House of Rep- ‘‘we pour legislation into the senato- graved in stone on the panel behind the resentatives. There the rules make it rial saucer to cool it.’’ Extended debate Presiding Officer are the words ‘‘E easy to get things done. But there, it is makes the Senate, in Aaron Burr’s pluribus unum’’—‘‘Out of many, one.’’ a rare exception when Members craft words, ‘‘a sanctuary; a citadel of law, The words also appear on the seal of legislation to appeal broadly, across of order, and of liberty.’’ the Senate, which appears on the flag party lines. There the majority passes The Senate’s rules thus help to pro- the Senators see to the right of the the legislation that represents the tect personal rights and liberties. The Presiding Officer. It is one of my favor- strongest achievable expression of the Senate’s rules help to ensure that no ite mottos. It is the motto of the majority party’s position. Unity is not one party has absolute power. The Sen- United States of America. The words their goal. ate’s rules help to give effect to the mean, ‘‘One unity, formed from many One might call the result majority Founder’s conception of checks and parts.’’ They represent the Senate well. rule, but the reality is that the product balances. For it is here in the Senate our Nation of the House of Representatives often The Senate’s right of extended debate has been brought together. It is here in represents an even smaller fraction. is particularly important in the con- the Senate our Nation’s leaders have The rules of the House of Representa- text of nominations for the lifetime worked out many of the great com- tives often encourage a majority of jobs of Federal judges. promises that have bridged the issues those in the majority party to decide At the Constitutional Convention, of the day. It is here in the Senate that policy and then to enforce that policy the Founders debated different ways to disparate interests in our Nation have within the majority caucus. Because appoint judges. On June 13, 1787, James become one. its rules make it so easy to get things Madison of Virginia proposed that the The Senate is a place of unity, a done, Representatives of one party Senate make the appointments to pro- place of compromise, and a place of steamroll the moderates of their own tect the integrity, the independence of consensus, because of its rules. The party, let alone of the other party. the third article; that is, the judges of Senate works to force unity, not be- Thus, the rules of the House of Rep- the United States of America. On June cause its rules make it easy to get resentatives foster sharper partisan di- 15, William Paterson of New Jersey

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4097 proposed that the President make the leader, Senator Bob Dole, that he I yield the floor, and I suggest the ab- appointments. On July 18, Nathaniel would rather resign from the Senate sence of a quorum. Gorham of Massachusetts proposed a than vote for the constitutional The PRESIDING OFFICER (Mr. COR- compromise, that the President make amendment to require a balanced budg- NYN). The clerk will call the roll. the appointment with the advice and et. Luckily, Senator Dole did not ac- The assistant legislative clerk pro- consent of the Senate. That is, they cept Senator Hatfield’s offer, and Sen- ceeded to call the roll. both decide; not just the President, not ator Dole later wrote: Mr. FRIST. Mr. President, I ask just the Senate, they both do, again, to While I strongly disagreed with his posi- unanimous consent the order for the protect the integrity of the independ- tion, I also respected any Senator’s right to quorum call be rescinded. The PRESIDING OFFICER. Without ence of our Federal judiciary. vote their conscience. The history of the Constitutional In retrospect, Republican Senators objection, it is so ordered. Convention thus demonstrates that the should see it was lucky for them that f Founders hoped that both the Presi- Senator Hatfield voted as he did. For if GLOBAL HEALTH CORPS ACT dent and the Senate could be involved the Constitution required a balanced Mr. FRIST. Mr. President, on Tues- in the process. budget, it would have required the ma- day, I introduced the Global Health In its application, the Senate’s in- jority party to make massive cuts in Corps Act of 2005. volvement in the confirmation of Government services during the 5 years As a doctor who has traveled the judges has helped to ensure that nomi- of deficits and, thus, if the Constitu- world treating patients in desperate nees have had the support of a broad tion required a balanced budget, the and war-ravaged lands, this cause is political consensus. The Senate’s in- voters would have long ago punished near and dear to my heart. volvement has helped to ensure that Republican Senators for the cuts they I believe, and I have seen, through the President could not appoint ex- would have made. They should thank the good works of many talented and treme nominees. The Senate’s involve- Senator Hatfield that it did not pass. compassionate men and women, that ment has thus helped to ensure that In the end, the sacrifices of these times medicine is not only an instrument of judges have been freer of partisanship ask that six Senators of the majority health, but a currency of peace. Heal- and, in fact, more independent. party stand up. The sacrifices that ing gives hope. And I have seen that The Founders wanted the courts to these times ask of six Senators from real, tangible, medical intervention be an independent branch of Govern- the majority party pales next to those can help bridge the gaps and misunder- ment, helping to exercise the Constitu- of an earlier generation. Benjamin standings that so often divide cultures. tion’s intricate systems of checks and Franklin, John Adams, and Thomas We see that phenomenon in Afghani- balances. The Senate’s involvement in Jefferson selected the words ‘‘e stan and Iraq. And we saw it in South the confirmation of judges has helped pluribus unum’’ as the Nation’s motto East Asia in the aftermath of the ter- to ensure that the judiciary can be on August 10, 1776. That was barely a rible tsunami tragedy. that more independent branch. And month after they had published the Immediately, American military that independence of the judiciary, in document, the Declaration of Inde- ships, planes and helicopters arrived to turn, has helped to ensure the protec- pendence, in which they had written: deliver food, water, medicine and tents tion of personal rights and liberties in We mutually pledge to each other our to the devastated region. The U.S. our country. Lives, our Fortunes and our sacred Honor. Agency for International Development set up a 24-hour, 7-day-a-week, Disaster It is important that we get good Just think of the courage of our Response Command Center here in judges. Over the years, this has been Founding Fathers when they wrote the one of the issues of greatest impor- Washington and abroad. Declaration of Independence to break Thousands of private citizens, reli- tance to me as a Senator. That is why away from England knowing if they I worked to set up a merit selection gious groups, small businesses and were apprehended, they would all be large corporations sent tens of millions system that is truly apolitical to select hanged. They knew that. Just think of of dollars in donations to help aid the judges that I recommend to the Presi- their courage. people of South East Asia. Many con- dent from my State of Montana. The On the occasion of signing the Dec- tinue to keep giving. America’s re- Senate’s rules help to make a merit se- laration, Benjamin Franklin is said to sponse, both official and private, was a lection possible. have warned: We must all hang to- portrait in compassion. I invite my colleagues to read the in- gether or surely we will all hang sepa- I had the opportunity to travel to the scription in the marble relief over the rately. region with the distinguished Senator Senate’s door to my left. There is in- Our Founders sought unity from the MARY LANDRIEU days after the tsunami scribed a single word: ‘‘Courage.’’ That very beginning. For unity, they were struck. Together, we surveyed the is what preserving the Senate’s rules willing to risk their fortunes. For damage, assessed the humanitarian will require: courage to stand up to the unity, they were willing to risk their needs, and witnessed American com- extremists; courage to stand up to the lives. How many here can say that? passion in action. majority of one’s party; courage to Today, to preserve the rules of the We spoke to doctors, nurses, officials save the institution itself. Senate that so foster unity, six Sen- and victims. One doctor I met in Sri For Senators of either party, the ators will be asked to risk much less. Lanka told me a remarkable story of simplest thing is usually to vote with To preserve this Senate, they need not compassion. He had e-mailed a plea for the party. Voting with the party makes offer their fortunes. To preserve this help just as the massive wave swamped it easier to go to the party caucus Senate, they need not offer their lives. his hospital. Within 2 days, a team of lunch. Voting with the party makes it But to preserve this Senate, they will Scandinavian physicians who had seen easier to hang on to a committee chair- need to offer their courage. the e-mail arrived to set up a pediatric manship. I call on my colleagues in the major- ward. To preserve this Senate will take the ity to follow the exhortations engraved Countless health care professionals courage of at least six Senators in the on the west door. I call on my col- from all over the world, both volun- majority party who are willing to vote leagues to recall the courage of our teers and government workers, rushed for the institution first before their Founders who risked their lives to give to the devastated region to offer assist- comfort at party lunches. It will take us this sacred inheritance of checks ance and supplies. the courage of six Senators in the ma- and balances. I call on my colleagues The outpouring of support from the jority party who are willing to risk to summon the courage to vote against world community, led by American ef- their chairmanships to protect the the effort to change the rules that forts, was truly extraordinary—a mov- Senate—indeed, the country itself. make the Senate the place we love so ing testament to our shared humanity. Let me offer this encouragement. I much, that would change the Senate so America is a giving nation. Indeed, recall a decade ago in 1995, Senator much so that it will dramatically un- America provides 60 percent of all food Mark Hatfield from Oregon, who was dermine the protection of liberties and humanitarian relief in the world. More- then the chairman of the Appropria- the protection of our rights that so over, the generosity of private citizens tions Committee, told his majority many Americans look to us to enforce. significantly amplifies official efforts.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4098 CONGRESSIONAL RECORD — SENATE April 21, 2005 It is this spirit of generosity that the tion, from both the private and public 3,300 law enforcement officers on Global Health Corps seeks to harness. sectors. Michigan streets and by supporting America possesses a vast reservoir of Some Health Corps volunteers will be other important programs. Nationwide, talent, knowledge, and compassion seasoned doctors, nurses, and medical the COPS Program has awarded more that can help heal, both literally and technicians. Others will enter the pro- than $11 billion in grants, resulting in figuratively, our global ties. gram with simply a passion for public the hiring of 118,000 additional police It was the famed violinist, Yehudi health, a willingness to learn, and a de- officers. Menhuhin, who said: sire to help others. In my home State, the Detroit Police Peace may sound simple—one beautiful The U.S. Government is already Department, DPD, used a COPS grant word—but it requires everything we have, doing a great deal of work in these to hire additional officers that were every quality, every strength, every dream, areas. But the Global Health Corps will needed to implement a 5-year commu- every high ideal. pull it all together, coordinate and nity policing plan. Prior to the COPS Providing health care services and focus our efforts, and tap into the pri- grant award, the DPD lacked sufficient training to those in need is one posi- vate sector both private organizations personnel to effectively cover high tive step we can take to demonstrate and individuals—to multiply our ef- crime areas. The community policing our goodwill and high ideals, and by forts. plan placed teams of officers in neigh- doing so, plant the seeds of hope and Like members of the Peace Corps and borhoods to combat rising crime rates peace. our many volunteers abroad, the Glob- and work with residents to develop The purpose of the Global Health al Health Corps will serve as a shining crime reduction strategies. The plan Corps is twofold. example of the American people, our resulted in a drop in the number of re- ported violent crimes as well as im- First and foremost, the Health Corps charity and goodwill. proved police-community relations. will help to improve the health, wel- In a speech in San Francisco on the The success of the Detroit Police De- fare, and development of communities eve of the 1960 Presidential election, partment illustrates the important in foreign countries and regions John F. Kennedy made the stark but role that COPS grants play in the safe- abroad. compassionate observation that: In too many places, simple things ty of communities around the country. There is not enough money in all America Unfortunately, authorization for the like vaccinations, first aid, clean to relieve the misery of the undeveloped COPS Program was permitted to expire water, and hygiene are unknown or world in a giant and endless soup kitchen. at the end of fiscal year 2000. Although woefully inadequate. Men, women and But there is enough know-how and enough the program has survived through the children especially children—suffer ter- knowledgeable people to help those nations annual appropriations process, it has rible illnesses that can be easily pre- help themselves. received significant funding cuts. In vented with basic health services. Indeed, as the famous proverb coun- fact, the Fiscal Year 2005 Omnibus Ap- The Health Corps bill seeks to pro- sels: propriations Act included only $606 vide a range of services from rapid re- Give a man a fish and he’s fed for a day. million for the COPS Program, $142 lief, like what we saw following the Teach him how to fish and he will be fed all million below the amount appropriated tsunami, to long-term assistance to ad- of his life. in 2004. In addition, President Bush’s dress endemic public health issues. It I am proud that Senator LUGAR, fiscal year 2006 budget would com- provides services such as veterinary Chairman of the Senate Foreign Rela- pletely eliminate the COPS hiring care, which is very important in devel- tions Committee, is co-sponsoring my grants. Despite the important positive oping countries, where livestock are bill. I urge my colleagues to join us in impact of the COPS Program in De- frequently a family’s means of nutri- this vital mission. troit and across the country, the Presi- tion, commerce, and wealth. In a world that is ever more con- dent justified his cuts by calling the A new Institute of Medicine survey nected by planes and computers, mar- program ‘‘nonperforming’’ and not hav- issued today reports that one of the kets and movements, our fate is bound ing ‘‘a record of demonstrating re- biggest obstacles to fighting HIV/AIDS ever closer with that of our neighbors— sults.’’ Our State and local law enforce- in Africa is the severe shortage of med- near and far, wealthy and poor. I call ment agencies know better and we ical personnel. upon my colleagues to advance our should listen to them. Sub-Saharan Africa has 25 percent of common humanity. Helping heal others The COPS Reauthorization Act the world’s HIV/AIDS cases, but only abroad—and showing them America’s would continue the COPS Program for 1.3 percent of the world’s health force. heart—will help all of us stay safer at another 6 years at a funding level of In Rwanda, for example, there are less home. $1.15 billion per year. This funding than two doctors per 100,000 people. f would allow State and local govern- If we are to maximize our help to SUPPORTING COPS ments to hire an additional 50,000 po- these countries, we need to strengthen lice officers over the next 6 years. In the medical delivery systems on the Mr. LEVIN. Mr. President, com- addition, the bill would modernize the ground. HIV/AIDS medicine does no bating violent crime, especially gun COPS Program by authorizing $350 mil- good sitting in boxes. Vaccines can’t crime, requires that our law enforce- lion in law enforcement technology protect children from preventable dis- ment agencies are adequately staffed grants to assist police departments in eases if there is no one to administer and equipped. I have been a strong sup- acquiring new technologies for the the shots. Strengthening the local in- porter of the Community Oriented Po- analysis of crime data and the exam- frastructure and teaching local citizens licing Services, COPS, program. The ination of DNA evidence, among other basic health skills will go a long way COPS Program has been critical to our uses. The COPS Reauthorization Act to addressing their medical needs. Nation’s law enforcement community would also build upon the accomplish- The second goal of the Global Health since its creation in 1994, and I am ments of the original COPS Program Corps is to deploy health care assist- pleased to join Senator BIDEN as a co- by authorizing $200 million in commu- ance as a tool of public diplomacy. sponsor of the COPS Reauthorization nity prosecutor grants. These grants John F. Kennedy recognized that our Act. would be used to hire community pros- assistance to other nations carries the The COPS Program was designed to ecutors trained to work at the local most weight when it involves personal, assist State and local law enforcement and neighborhood level to prevent intimate contact on the community agencies in hiring additional police of- crime and improve relations with resi- level and provides tangible benefits to ficers to reduce crime through the use dents. everyday people. This is why he estab- of community policing. In Michigan At a time when we are asking more lished the Peace Corps, and why this alone, 514 local and State law enforce- of our police departments than ever be- bill taps into the Peace Corps for vol- ment agencies have received more than fore, I believe we should be devoting unteers. $220 million in grants through the more resources to the COPS Program, The new Global Health Corps will COPS Program since its creation. not less. The increased threat of ter- draw together health care professionals These grants have improved the safety rorism as well as the continuing epi- and volunteers from around the Na- of communities by putting more than demic of gun violence underscores the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4099 need for more resources for our law en- week ago, I called upon the Republican work together to fill judicial vacancies forcement agencies. Recognizing this, leadership to proceed to the confirma- with qualified, consensus nominees. we must build upon the past success of tion of Michael Seabright to the Dis- The vast majority of the more than 200 the COPS Program and continue to trict Court of Hawaii. I renew that judges confirmed during the last 31⁄2 work to provide police departments plea. years were confirmed with bipartisan with the tools and resources they need All Democrats on the Judiciary Com- support. to help keep our families and commu- mittee have been prepared to vote fa- The truth is that in President Bush’s nities safe. vorably on this nomination for some first term, the 204 judges confirmed f time. We were prepared to report the were more than were confirmed in ei- nomination last year but it was not ther of President Clinton’s two terms, LOCAL LAW ENFORCEMENT listed by the then-chairman on a com- more than during the term of this ENHANCEMENT ACT OF 2005 mittee agenda. I thank Chairman SPEC- President’s father, and more than in Mr. SMITH. Mr. President, I speak TER for including Mr. Seabright at our Ronald Reagan’s first term when he about the need for hate crimes legisla- meeting on March 17. The nomination was being assisted by a Republican ma- tion. Each Congress, Senator KENNEDY was unanimously reported and has jority in the Senate. By last December, and I introduce hate crimes legislation been on the Senate Executive Calendar we had reduced judicial vacancies from that would add new categories to cur- for more than a month. It is Senate Re- the 110 vacancies I inherited in the rent hate crimes law, sending a signal publicans who are resisting a vote on summer of 2001 to the lowest level, low- that violence of any kind is unaccept- this judicial nominee, not Democrats. I est rate and lowest number in decades, able in our society. Likewise, each understand that Mr. Seabright has the since Ronald Reagan was in office. Congress I have come to the floor to support of both of his home State Sen- The Hawaii judgeship at issue here highlight a separate hate crime that ators, both distinguished and highly re- has been vacant for more than 4 years, has occurred in our country. spected Democratic Senators. since December of 2000 when Judge Last month, a fifth person was ar- Once confirmed, Mr. Seabright will Alan Kay took senior status. President rested and charged with beating up a be the 206th of 216 nominees brought Clinton made a nomination to that teenager because of his sexual orienta- before the full Senate for a vote to be seat in advance of the vacancy, but the tion. The victim, an 18-year-old from confirmed. That means that 830 of the Republicans in control of the Senate Virginia, was at a gathering at his 875 authorized judgeships in the Fed- refused to act on it. They preserved the cousin’s home. Late that night, the eral judiciary, or 95 percent, will be vacancy for a Republican President. five assailants repeatedly kicked and filled. As late as it is in the year, we In 2002, President Bush nominated hit the victim with a chair because he would still be back on pace with that James Rohlfing to the vacancy. That was gay. set by the Republican majority in 1999, nomination failed, however, because in I believe that the Government’s first when President Clinton was in the the view of his home State Senators duty is to defend its citizens, to defend White House. That year, the Senate and the American Bar Association, he them against the harms that come out Republican leadership did not allow the was not qualified for the position. It of hate. The Local Law Enforcement Senate to consider the first judicial took the White House more than two Enhancement Act is a symbol that can nominee until April 15. Two judges additional years to agree. Finally, in become substance. By passing this leg- were confirmed in April and the third May 2004 that nomination was with- islation and changing current law, we was not confirmed until June. drawn by President Bush. can change hearts and minds as well. Of the 46 judicial vacancies now ex- The administration finally got it f isting, President Bush has not even right after consultation with the Ha- sent nominees for 28 of those vacancies, waii Senators. The President sent Mi- JUDICIAL NOMINATIONS AND THE more than half. I have been encour- chael Seabright’s name to the Senate NOMINATION OF MICHAEL aging the Bush administration to work last September. An outstanding attor- SEABRIGHT with Senators to identify qualified and ney who has experience in private prac- Mr. LEAHY. Mr. President, so far consensus judicial nominees and do so, tice as well as a sterling reputation as this year the Senate Republican leader- again, today. The Democratic leader an assistant U.S. attorney, Mr. ship has called up one judicial nomina- and I sent the President a letter in this Seabright merited consideration and tion. That is right, despite the fact regard on April 5, but have received no swift confirmation. Despite his reputa- that other nominations are on the Sen- response. tion as a law-and-order Republican, Re- ate Executive Calendar and ready to be It is now the third week in April, we publicans would not move on Mr. confirmed, it is the Republican leader- are more than one-quarter through the Seabright’s nomination last Congress. ship of the Senate that is delaying ac- year and so far the President has sent The President took his time renomi- tion on judicial nominations. only one new nominee for a Federal nating Mr. Seabright and even then it When the Senate finally turned to court vacancy all year—only one. In- took repeated requests to get his nomi- the nomination of Paul Crotty to be a stead of sending back divisive nomi- nation included on the agenda of the U.S. district court judge for the South- nees, would it not be better for the committee. When he was considered on ern District of New York on April 11, country, the courts, the American peo- March 17 he was reported with unani- that nomination was confirmed 95 to 0. ple, the Senate and the administration mous support. Senate Democrats have All Democrats present voted in favor of if the White House would work with us long supported and requested action on confirmation. Indeed, Senator SCHUMER to identify, and for the President to this nomination. and Senator CLINTON came to the floor nominate, more consensus nominees I have been urging this President and to speak in favor of the nominee. That like Michael Seabright who can be con- Senate Republicans for years to work is the only judicial nomination Senate firmed quickly with strong, bipartisan with all Senators and engage in gen- Republicans have been willing to con- votes? uine, bipartisan consultation. That sider all year. There has been no fili- I commend the Senators from Hawaii process leads to the nomination, con- buster of judicial nominees. Instead, it for their efforts to work cooperatively firmation and appointment of con- is the Senate Republican leadership to fill judicial vacancies. I only wish sensus nominees with reputations for that, through its deliberate inaction, is Republicans had treated President fairness. The Seabright nomination, keeping judgeships unnecessarily va- Clinton’s nominees to vacancies in Ha- the bipartisan support of his home cant for months. With the Crotty nom- waii with similar courtesy. Had they, State Senators, and the committee’s ination, I was the one asking for there would not have been the vacan- action by a unaimous, bipartisan vote months for the nomination to be con- cies on the Ninth Circuit and on the is a perfect example of what I have sidered, debated, voted on and con- district court. The work of the Sen- been urging. firmed. ators from Hawaii is indicative of the I have noted that there are currently At the time, I noted that another type of bipartisan efforts Senate Demo- 28 judicial vacancies for which the noncontroversial nomination was crats have made with this President President has delayed sending a nomi- ready for Senate action. More than a and remain willing to make. We can nee. In fact, he has sent the Senate

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4100 CONGRESSIONAL RECORD — SENATE April 21, 2005 only one new judicial nominee all year. reduce any incentive for a President to drogen research program under the I wish he would work with all Senators consult with home State Senators or Matsunaga Act, and adds important to fill those remaining vacancies rath- seek the advice of the Senate on life- demonstration, commercialization, and er than through his inaction and un- time appointments to the Federal judi- market driver mechanisms, using Fed- necessarily confrontational approach ciary. It is a leap not only toward one- eral Government procurement to help manufacture longstanding vacancies. It party rule but to an unchecked Execu- drive demand for new technology. is as if the President and his most par- tive. In order to be most effective, how- tisan supporters want to create a cri- Rather than blowing up the Senate, ever, we will need to enact the tax in- sis. let us honor the constitutional design centives necessary to encourage wide- Over the last weeks we have heard of our system of checks and balances spread investment, production and uti- some extremists call for mass impeach- and work together to fill judicial va- lization of hydrogen. Tax credits for ments of judges, court-stripping and cancies with consensus nominees. The fuel cell vehicles, for hydrogen fueling punishing judges by reducing court nuclear option is unnecessary. What is infrastructure, for hydrogen fuel from budgets. Now we are seeing an effort at needed is a return to consultation and renewable sources, and for stationary religious McCarthyism by which Re- for the White House to recognize and and portable fuel cells should all be publican partisans inject religion into respect the role of the Senate appoint- considered as part of a package of sup- these matters. Rather than promote ments process. port for the hydrogen economy. crisis and confrontation, I urge this The American people have begun to The measures proposed in this legis- President to disavow the divisive cam- see this threatened partisan power grab lation will require a significant Fed- paign and do what most others have for what it is and to realize that the eral investment in our energy future, and work with us to identify out- threat and the potential harm are but with these measures, we can use standing consensus nominees. It ill aimed at our democracy, at an inde- hydrogen and fuel cell technologies to serves the country, the courts and pendent and strong Federal judiciary realize our vision of cars that do not most importantly the American people and, ultimately, at their rights and pollute, of power that will not go out, for this administration and the Senate freedoms. and of true energy security. I urge the Republican leadership to continue f support of my colleagues for this vi- down the road to conflict. sionary legislation. The Seabright nomination shows how HYDROGEN AND FUEL CELL Mr. DORGAN. Mr. President, Senator TECHNOLOGY ACT OF 2005 unnecessary that conflict really is. Let HARKIN has shown great leadership in us join together to debate and confirm Mr. HARKIN. Mr. President, I am the effort to create a hydrogen fuel-cell these consensus nominees to these im- pleased to announce my support for an economy and I welcome his support portant lifetime posts on the federal important piece of legislation recently and look forward to working with him judiciary. introduced by Senator DORGAN and and other cosponsors as we move this It is the Federal judiciary that is Senator GRAHAM, the Hydrogen and legislation forward. called upon to rein in the political Fuel Cell Technology Act of 2005. f branches when their actions con- This legislation lays out a bold vision travene the Constitution’s limits on for the energy future of our Nation. It 90TH ANNIVERSARY OF THE governmental authority and restrict takes steps to secure the research, de- ARMENIAN GENOCIDE individual rights. It is the Federal judi- velopment, demonstration and market Mr. REED. Mr. President, I, along ciary that has stood up to the over- transition necessary to deliver on the with the Armenians in Rhode Island reaching of this administration in the tremendous promise of a ‘‘hydrogen and throughout the United States, as aftermath of the September 11 attacks. economy.’’ well as those around the world, recog- It is more and more the Federal judi- The economy of this country today nize the 90th anniversary of the Arme- ciary that is being called upon to pro- depends heavily on oil, much of which nian Genocide. tect Americans’ rights and liberties, we must import from countries with On the night of April 24, 1915, nation- our environment and to uphold the rule hostile and dangerous regimes. This de- alists in the Ottoman Empire rounded of law as the political branches under pendence on foreign oil threatens our up and executed 200 Armenian commu- the control of one party have over- national security, our economy and the nity leaders, sparking an 8-year cam- reached. Federal judges should protect environment. We must take the steps paign of tyranny that impacted the the rights of all Americans, not be se- now to find alternative sources of en- lives of every Armenian in Asia Minor. lected to advance a partisan or per- ergy and new ways of powering every- By 1923, an estimated 1.5 million Arme- sonal agenda. Once the judiciary is thing from cell phones to cars. This bill nians were murdered, and another filled with partisans beholden to the does exactly that. 500,000 were exiled. administration and willing to reinter- The Hydrogen and Fuel Cell Tech- The U.S. Ambassador to the Ottoman pret the Constitution in line with the nology Act funds the research and dem- Empire, Henry Morganthau, Sr., unsuc- administration’s demands, who will be onstration needed to develop key as- cessfully pleaded with President Wil- left to protect American values and the pects of a reliable, renewable hydrogen son to act. Morganthau later remem- rights of the American people? economy. The bill incorporates lan- bered the events of the genocide. ‘‘I am The Constitution establishes the Sen- guage from the Hydrogen Passenger confident that the whole history of the ate as a check and a balance on the Vehicle Act, which I introduced earlier human race contains no such horrible choices of a powerful President who in this Congress to provide funding for episode as this,’’ the Ambassador wrote might seek to make the Federal judici- projects to demonstrate the cost-effec- in his memoir. ‘‘The great massacres ary an extension of his administration tive production and distribution of hy- and persecutions of the past seem al- or a wholly owned subsidiary of any po- drogen from renewable sources, such as most insignificant when compared to litical party. Today, Republicans are ethanol. The bill also adopts several the sufferings of the Armenian race in threatening to take away one of the proposals from my Hydrogen and Fuel 1915.’’ few remaining checks on the power of Cell Energy Act, including support for Unfortunately, the United States, the executive branch by their use of hydrogen transportation corridor dem- and the world, did not intervene. what has become known as the nuclear onstrations, such as the Upper Midwest Today, on the 90th Anniversary, I am option. This assault on our tradition of Hydrogen Initiative. proud to be one of 32 Senators who checks and balances and on the protec- This legislation will fund develop- urged President Bush to refer to the tion of minority rights in the Senate ment of better fuel cell technology, of mass murder of Armenians as genocide and in our democracy should be aban- lighter, more efficient ways to store in his commemorative statement. Fail- doned. Eliminating the filibuster by hydrogen on board vehicles, and of less ing to do so, does not properly com- the nuclear option would destroy the expensive ways of converting renew- memorate this tragedy. Accurate ac- Constitution’s design of the Senate as able energy to hydrogen fuel. knowledgment of this event in human an effective check on the Executive. It updates the language and sets history is a small, but necessary, step The elimination of the filibuster would clearer priorities for the existing hy- to take.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4101 Today, dozens of Armenian soldiers Their Combat Arms Specialists per- part of our culture in Wisconsin, and are deployed to Iraq, carrying out hu- formed weapons qualifications for over the people in Wisconsin are very envi- manitarian operations in Karbala and 300 personnel in support of Operation ronmentally savvy. Every year I hold a al-Hilla, working as truck drivers, Iraqi Freedom. They completed these town hall meeting in each one of Wis- bomb detonators, and doctors. Arme- tasks while protecting the Northern consin’s 72 counties, and protecting the nian soldiers are also serving in border between Montana and Canada environment is a top issue. Kosovo, performing peace support oper- and collaborating with Montana’s I want to take this opportunity to ations. I believe their response of help- local, civil, and military emergency congratulate Mr. Nelson. He is a ing others in need is part of the healing services agencies. former member of this body, and I am process. These Armenians did not allow Under the leadership of Maintenance privileged to hold his Senate seat. He is others to be left as helpless as they Commander Lieutenant Colonel Ken- a distinguished former Governor of the were generations ago. dall Switzer, the members of the 120th State of Wisconsin, a recipient of the As a Nation, we must respond to acts Fighter Wing Maintenance Group Presidential Medal of Freedom, and a of oppression to ensure that victims of earned the Air National Guard’s Main- personal hero of mine. I salute Gaylord hatred and prejudice did not perish in tenance Effectiveness Award for their Nelson for changing the consciousness vain. We must stand as witnesses to extraordinary aircraft maintenance. of a Nation. He is the living embodi- protect people from persecution for the Their hard work and expertise sup- ment of the principle that one person simple reason they are different. Thus, ported three important missions: Oper- can truly change the world. we must be committed to properly re- ation Iraqi Freedom, the Alert Detach- membering the Armenian Genocide. ment at March Air Reserve base in During his 18 years of service in the Menk panav chenk mornar. (We will California, and the Combat Air Patrol Senate, Gaylord Nelson brought about never forget.) Missions of Operation Nobel Eagle. significant change for the ‘‘greener’’ in both our Nation’s law and the institu- f I offer a tremendous ‘‘Well Done’’ to the Air National Guard. Thank you to tion of the Senate itself. He is the co- MONTANA AIR NATIONAL GUARD your families, friends, employers and author of the Environmental Edu- Mr. BAUCUS. The National Guard is communities. The nation appreciates cation Act, which he sponsored with proving to be the backbone of our ef- you and in Montana we are proud of the senior Senator from Massachu- forts to protect America overseas, as our 120th Fighter Wing. setts, Mr. KENNEDY, and the Wild and they continue to play a pivotal role in Congratulations! Scenic Rivers Act, and he sponsored homeland security. I saw this first f the amendment to give the St. Croix hand 3 weeks ago when I spent a day and the Namekagon Rivers scenic pro- EARTH DAY 2005 working on the flight line with the tection. In the wake of Rachel Carson’s 120th Fighter Wing of our Air National Mr. FEINGOLD. Mr. President, not book Silent Spring, Gaylord Nelson, Guard in Great Falls, MT. many people can lay claim to a day, along with Senator Philip Hart of While doing pre-flight checks on F– but Gaylord Nelson can. On April 22, Michigan, directed national attention 16s and helping the ground crew with 1970, Gaylord Nelson created a day to to the documented persistent bio- their maintenance tasks, I gained a celebrate the glory of the Earth. Nel- accumulative effects of organochlorine new appreciation for the Guard’s con- son biographer Bill Christofferson asks pesticides used in the Great Lakes by tribution to our communities. ‘‘Where did Nelson get his lifelong in- authoring the ban on DDT in 1972. He Two-thirds of Montana’s Air Na- terest and dedication to the environ- was the primary sponsor of the Apostle tional Guard is made up of part-time ment? By osmosis, [Nelson] would say, Islands National Lakeshore Act, pro- citizen soldiers and their sacrifice is while growing up in Clear Lake Wis- tecting one of northern Wisconsin’s not going unnoticed. I am proud that I consin.’’ most beautiful areas. have the opportunity to reemphasize It’s true that Wisconsin has a tradi- And Senator Nelson, of course, was their contribution here today, in par- tion of great conservationists, Aldo the founder of Earth Day. Thanks to ticular, since the Air Guard has re- Leopold, author of Sand County Alma- him, here we are 35 years later taking cently made us very proud in Montana. nac; Sigurd Olson, one of the founders time out of our lives to think about Under the leadership of Colonel Mark of the Wilderness Society; and John conservation. An astonishing 20 million Meyer, our 120th Fighter Wing has been Muir, founder of the Sierra Club. But Americans, 10 percent of the U.S. popu- honored with three national awards for because of Gaylord Nelson, Wisconsin lation, participated in the first observ- 2004—the Air Force Outstanding Unit can lay claim to the genesis of Earth ance of Earth Day on April 22, 1970. Award, the Outstanding Security Day, a day of national and inter- American Heritage magazine described Forces Squadron of the Year Award, national remembrance of the impor- the event as ‘‘one of the most remark- and the Maintenance Group Effective- tance of our natural resources and a able happenings in the history of de- ness Award. clean environment. mocracy.’’ The day was marked by The Air Force Outstanding Unit While these great leaders are well marches, rallies, teach-ins, and con- Award recognizes the exemplary known for their conservation vision, certs. Fifth Avenue was closed for 2 achievements of the entire 120th Fight- Wisconsinites across the State do their hours and over 100,000 people celebrated er Wing. On short notice the Wing de- part every day to make that vision a Earth Day on Union Square in New ployed more than 200 airmen to the reality. From the backyards and parks York City. 332nd Air Expeditionary Wing at Balad of our cities and suburbs to our forests Air Base, Iraq, in support of Operation and farms, we take our stewardship of Earth Day is an event that in addi- Iraqi Freedom, and at home they acti- the land seriously. For example, our tion to changing the environmental vated 185 people to fight Montana’s sec- farmers continue to work with the sup- consciousness of the country literally ond largest wildfire season on record. port of Federal, State and local part- stopped the Senate. Members of both The Air Force also bestowed an nerships to prevent pollution, improve bodies voted to adjourn their respec- award on the Wing’s Security Forces wildlife habitat, and protect wetlands tive Houses in the middle of the legis- squadron, under the direction of Squad- and open spaces, investing millions of lative week to attend Earth Day ron Commander Major Donald dollars in hundred of thousands of events, an adjournment that would be Mahoney. They were honored with the acres each year, all while ensuring the extremely rare today. Twenty-two Sen- Air National Guard Security Forces land is healthy enough to produce food ators participated by giving Earth Day Unit Award. and raw materials for generations to speeches across the country. The Na- Among their standout achievements come. tional Education Association, NEA, es- was the logistical support they pro- I know that the people of Wisconsin, timated that 10 million school children vided to the South Dakota Air Na- living in such a beautiful and eco- celebrated in the first Earth Day. The tional Guard Security Forces while logically diverse State, feel a special States of New Jersey and New York their members conducted field training connection to our natural resources created State environmental agencies exercises at Fort Harrison in Helena. and share a long tradition of our State that week. And, once again, our guardsmen oper- government achieving excellence in its Earth Day has become an important ated on short notice. conservation policies. Conservation is part of who we are. From Milwaukee,

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4102 CONGRESSIONAL RECORD — SENATE April 21, 2005 WI, to Mumbai, India, millions of peo- lions around the world suddenly rose up and we are now facing efforts by some ‘‘new con- ple across the world are taking Senator pledged their support for a new campaign to servatives’’ to impose similar restrictions at Nelson’s legacy to heart. They are vol- save the natural environment. home. In 1993 American Heritage magazine called unteering tomorrow and this weekend On previous Earth Days we have offered a Earth Day ‘‘one of the most remarkable hap- solution: The President should set the stand- to conserve the environment whether penings in the history of democracy.’’ There ard by delivering a message to the Congress it is in their backyard, local river, or has been progress, of course, particularly in on the state of the environment, citing prior- park. public awareness of the critical role environ- ities that need to be addressed. Congress I hope that on this Earth Day 2005, ment plays in our lives and in the education then should hold hearings on these issues. the Congress will re-dedicate itself to and training of new environmental leaders. This would produce a ‘‘national dialogue’’ on achieving the bipartisan consensus on Environment has become a major political the sustainability of our environment, and protecting the environment that ex- issue. The public is prepared to support those provide a roadmap to the future. isted for nearly 2 decades. The Clean measures necessary to forge a sustainable so- Without Presidential leadership and Con- ciety, if the President and the Congress have gressional hearings, we cannot claim to be Water Act, for example, passed the the vision to lead us to that goal. taking seriously the most compelling threats Senate in 1971 by a vote of 86–0. When Unfortunately, the President and the Con- facing our society. President Nixon vetoed it, the Senate gress have not stepped up to the challenge of On environmental issues, our intelligence overrode his veto, 52–12. The Endan- providing national and world leadership on is reliable. Our scientists have the facts, if gered Species Act, which is under such the environmental crisis. we will only listen. It is a ‘‘slam dunk’’ that attack right now, was passed by the In fact, on some key issues, they are actu- we cannot continue on our present course. Senate on a 92–0 vote in 1973. ally resisting or reversing progress made in But without Presidential and Congressional the past 30 to 40 years. And without strong, Unfortunately, in recent years we leadership, even an enlightened public can- sustained leadership from the President and not cope with the greatest challenge of our have faced numerous proposals to roll Congress, the urgent challenge to protect the time.—Gaylord Nelson, Washington, DC, back the environmental and health and environment and create a sustainable soci- April, 2005. safety protections upon which Ameri- ety cannot succeed. Theodore Roosevelt Mr. FEINGOLD. I hope that Wiscon- cans depend. From clean water to clean made conservation a top priority for the Re- sinites and citizens across America air, the list of environmental rollbacks publican party, and many members of his take Senator NELSON’s words to heart. is stunning and disturbing. We need to party carried that torch over the years. Re- I hope that they use this Earth Day to work together to protect the environ- cently, however, the GOP leadership has abandoned this cause. collect their thoughts and voice their ment, not revert to the times when we There are many serious environmental opinions about the need to protect the saw the Cuyahoga River catch fire, problems confronting us. But two current en- environment and need for Congres- when at least one of the Great Lakes vironmental issues dramatize this failure of sional leadership on this issue. was considered ‘‘ecologically dead,’’ leadership—energy conservation, and popu- Wisconsinites value a clean environ- and when dumping of toxic wastes into lation control. Both are critical to the sus- ment, not just for purely aesthetic or rivers was standard operating proce- tainability of our society. In each case, there philosophical purposes, but because a dure. is not only a lack of wise national leadership but an apparent determination to turn back clean environment ensures that Wis- Gaylord Nelson stated on the 30th the clock. The surrender to special interests consin and the United States as a Anniversary of Earth Day: on these two issues makes a mockery of any whole remains a good place to raise a We have finally come to understand that claim to environmental awareness. family, start a business, and buy a the real wealth of a nation is its air, water, Egged on by the President, the Senate on soil, forests, rivers, lakes, oceans, scenic March 16 sneaked into the annual budget res- home. We understand that by pro- beauty, wildlife habitats, and biodiversity. olution a scheme to allow drilling for oil in tecting our environment we are pro- Take this resource away, and all that is left the pristine Arctic National Wildlife Refuge, tecting our economy. And, it is impor- is a wasteland. That’s the whole economy. protected in 1960 at the urging of great envi- tant on this Earth Day 2005 that we That is where the economic activity and all ronmentalists such as Sigurd Olson, Justice continue to fight for strong environ- the jobs come from. These biological systems William O. Douglas, and Wilderness Act au- mental laws, and we press for strong contain the sustaining wealth of the world. thor Howard Zahniser. The bill was signed by environmental leadership in Congress. As we continue to degrade them, we are President Eisenhower. Let’s continue to move forward, not consuming our capital. And in the process, This is not just a sabotage of environ- we erode our living standards and com- mental policy. It also undermines any hope roll back. promise the quality of our habitat. We are for a wise energy policy. When all the evi- veering down a dangerous path. We are not dence calls for bold steps to conserve energy f just toying with nature; we are compro- and develop alternative sources, this cynical mising the capacity of natural systems to do action implies that we can burn all the oil TAXPAYER PROTECTION AND what they need to do to preserve a livable we want and just move on to the next un- ASSISTANCE ACT world. tapped source, no matter where it might be. Mr. BINGAMAN. Mr. President, on Last night, Senator Nelson issued a We are told it may be 10 years before a Monday, April 18, 2005, I introduced S. statement to mark the 35th anniver- very modest amount of oil could be produced from this pristine refuge. And what would it 832, the Taxpayer Protection and As- sary of Earth Day and calling Earth cost in real terms? sistance Act of 2005. Day 2005 ‘‘a wake up call.’’ Senator For the President to call for oil drilling in I ask unanimous consent to have Nelson said: the Arctic Wildlife Refuge is like burning printed in the RECORD explanatory lan- the furniture in the White House to keep the On environmental issues, our intelligence guage to accompany that legislation. is reliable. Our scientists have the facts, if First Family comfortable. we will only listen. It is a ‘‘slam dunk’’ that Equally critical is the failure of the Presi- There being no objection, the mate- we cannot continue on our present course. dent and Congress to confront the issue of rial was ordered to be printed in the But without Presidential and Congressional population control, in our own rapidly grow- RECORD, as follows: leadership, even an enlightened public can- ing country and the rest of the world. ANALYSIS OF TAXPAYER PROTECTION AND A ‘‘Rockefeller Report’’ in 1972, issued by not cope with the greatest challenge of our ASSISTANCE ACT time. the President’s commission on population growth, urged the U.S. to move vigorously to (1) LOW-INCOME TAXPAYER CLINICS I agree with this assessment, and I stabilize our population at about 200 million Present Law. The Internal Revenue Code ask unanimous consent that the full as rapidly as possible. Since then our popu- (the ‘‘Code’’) provides that the Secretary is text of Senator Nelson’s 35th anniver- lation has ballooned to 282 million, and is ex- authorized to provide up to $6 million per sary of Earth Day statement be printed pected to reach 500 million between 2060 and year in matching grants to certain low-in- in the RECORD. 2070. We are heading into a century in which come taxpayer clinics. Eligible clinics are There being no objection, the mate- we will double and triple our population in a those that charge no more than a nominal rial was ordered to be printed in the short time. fee to either represent low-income taxpayers Worldwide population projections are in controversies with the IRS or provide tax RECORD, as follows: equally chilling. A series of international information to individuals for whom English EARTH DAY ANNIVERSARY 2005—A WAKE UP conferences have called for bold action to is a second language (‘‘controversy clinics’’). CALL control population growth. No clinic can receive more than $100,000 per The 35th anniversary of Earth Day is a so- Yet the United States in recent years has year. bering occasion. On previous anniversaries become an aggressive opponent of family A ‘‘clinic’’ includes (1) a clinical program we have hailed this ‘‘new awakening’’ as mil- planning programs in other countries, and at an accredited law, business, or accounting

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4103 school, in which students represent low-in- For those taxpayers who use a paid tax prac- resentatives practicing before the Treasury come taxpayers, or (2) an organization ex- titioner, compliance with the tax laws and allows transparent proceedings involving empt from tax under Code section 501(c) hinges on the practitioners competence and practitioners to provide accountability for which either represents low-income tax- ethical standards. The IRS’s lack of over- both the practitioners and the discipline au- payers or provides referral to qualified rep- sight over such practitioners therefore con- thority (i.e., the IRS). resentatives. tributes to noncompliance. Further, improv- The Secretary may impose fees for the reg- Explanation of Provision. The provision ing the accuracy of tax returns at the front- istration and renewal of enrolled preparers. authorizes $10 million in matching grants for end of the process, should reduce government The proposal provides that the fees paid for low-income taxpayer return preparation burden and intrusion on taxpayers through registration and renewal shall be available clinics (‘‘preparation clinics’’). These clinics enforcement. to the Office of Professional Responsibility may provide tax return preparation and fil- Requiring regulation of individuals pre- for the purpose of reimbursing the costs of ing services to low-income taxpayers, includ- paring Federal income tax returns and other administering and enforcing rules promul- ing those for whom English is a second lan- documents for submission to the IRS will gated by the Secretary regulating practice guage. The authorization of $6 million for improve the fairness and administration of before the Treasury. low-income controversy clinics under the tax system. Testing, education, ethical The proposal also provides that the Sec- present law is also increased to $10 million. training, and effective oversight of enrolled retary shall conduct a public awareness cam- The provision expands the scope of clinics preparers are critical elements to improving paign to encourage taxpayers to use only eligible to receive preparation clinic grants tax compliance. those professionals who establish their com- to encompass clinics at all educational insti- Description of Proposal. The proposal ex- petency under the regulations promulgated tutions. The provision prohibits the use of pands the Secretary’s authority to regulate under section 330 of title 31. The public grants for overhead expenses at both con- representatives practicing before the Treas- awareness campaign shall be conducted in a troversy clinics and preparation clinics. The ury to include individuals preparing for com- manner to inform the public of the registra- provision also authorizes the IRS to use pensation Federal income tax returns and tion requirements imposed on enrolled pre- mass communications, referrals, and other other submissions to the IRS (‘‘enrolled pre- parers and the general requirement that pre- means to promote the benefits and encour- parers’’). The types of practitioners author- parers must sign the return and provide age the use of low-income controversy and ized to practice before the IRS that are sub- their registration number on the return. preparation clinics. ject to oversight under regulations in effect The proposal increases the penalties on tax Effective Date. The provision is effective on the date of enactment of the proposal are return preparers who fail to sign a return or for grants made after the date of enactment. excluded from the regulations establishing fail to provide an identifying number on a re- eligibility requirements for compensated (2) ENROLLED AGENTS turn from $50 to $500 per return. In addition, preparers (i.e., Enrolled Agents, Certified Present Law. The Secretary is authorized amounts collected from the imposition of Public Accountants, and attorneys). penalties under section 6694 and 6695 or under to regulate the practice of representatives of The Secretary of the Treasury is required the regulations promulgated under section persons before the Department of the Treas- to issue regulations no later than one year 330 of title 31 shall be directed to the Office ury. Circular No. 230, promulgated by the after the date of enactment establishing eli- of Professional Responsibility for the admin- Secretary, provides rules relating to practice gibility requirements for enrolled preparers istration of the public awareness campaign. before the Department of the Treasury by at- to practice before the Treasury. Such regula- The proposal also permits the Secretary to torneys, certified public accountants, en- tions will require the initial registration of use any funds specifically appropriated for rolled agents, enrolled actuaries, and others. enrolled preparers, as well as a process for earned income credit compliance to improve Explanation of Provision. The provision regularly renewing the initial registration. compliance with the rules regulating prac- adds a new section to the Code permitting Enrolled preparers renewing their registra- tice before the Treasury. the Secretary to prescribe regulations to tion shall be required to establish comple- regulate the conduct of enrolled agents in re- Effective date. The provision is effective tion of continuing education requirements in on the date of enactment. gard to their practice before the IRS and to a manner set forth by the Treasury in regu- permit enrolled agents meeting the Sec- lations. The Secretary is expected to mini- (4) REGULATION OF REFUND ANTICIPATION LOAN retary’s qualifications to use the credentials mize the burden and cost on those subject to FACILITATORS or designation ‘‘enrolled agent’’, ‘‘EA’’, or the registration requirement to the extent Present Law. The Secretary of the Treas- ‘‘E.A.’’. feasible. Thus, the Secretary is authorized to ury is authorized to regulate the practice of Effective Date. The provision is effective define the scope of the registration require- representatives of persons before the Depart- on the date of enactment. ment in a manner that accomplishes this ment of the Treasury. The rules promulgated (3) REGULATION OF PRACTICE BEFORE THE goal. by the Secretary pursuant to this provision DEPARTMENT OF THE TREASURY The proposal requires the Secretary to de- are contained in Circular 230. In general, the Present Law. The Secretary of the Treas- velop and administer an examination to es- preparation and filing of tax returns (absent ury is authorized to regulate the practice of tablish the competency of enrolled pre- further involvement) has not been considered representatives of persons before the Depart- parers. The examination for the enrolled pre- within the scope of these Circular 230 provi- ment of the Treasury. The Secretary is also parers should test the applicant’s technical sions. authorized to suspend or disbar from prac- knowledge to prepare Federal tax returns The tax code also imposes penalties on per- tice before the Department a representative and knowledge of ethical standards. More- sons who fail to follow various tax code re- who is incompetent, who is disreputable, who over, the examination shall be designed to quirements in the process of preparing and violates the rules regulating practice before include testing on technical issues with high filing tax returns on behalf of taxpayers. the Department, or who (with intent to de- rates of erroneous reporting, such as claims Present law does not contain any provision fraud) willfully and knowingly misleads or for the earned income credit. The Secretary regulating the conduct of persons who pro- threatens the person being represented (or a is authorized to contract for both the devel- vide refund anticipation loans to individual person who may be represented). The rules opment and administration of any examina- taxpayers in connection with the filing of promulgated by the Secretary pursuant to tion. The contract authority includes allow- tax returns. this provision are contained in Circular 230. ing the Secretary to establish the param- Reasons for Change. There is concern with Although permitted by statute, the prepara- eters that the examination must meet and the use of tax refunds and the IRS’s direct tion and filing of tax returns and other sub- authorize the use of an examination that is deposit indicator acknowledgement as a missions (absent further involvement) has not, however, developed or administered by means for selling refund anticipation loans not been considered within the scope of these the IRS. Further, efficiencies will be gained to taxpayers, particularly low-income tax- Circular 230 provisions. by coordinating the examination require- payers. Requiring regulation of refund an- Reasons for Change. In her 2003 annual re- ment with the enrolled agent exam (the Spe- ticipation loan facilitators will increase the port to the Congress, the National Taxpayer cial Enrollment Examination (SEE)). ability of the IRS to hold such facilitators Advocate noted that over 55 percent of the To enhance the regulation of practice be- accountable. Increasing the information that 130 million U.S. individual taxpayers paid a fore Treasury, the proposal establishes the must be disclosed, both orally and in writ- return preparer to prepare their 2001 Federal Office of Professional Responsibility within ing, to the taxpayer in connection with a re- income tax returns and that of the 1.2 mil- the IRS under the supervision and direction fund anticipation loan will heighten tax- lion known tax return preparers, one-quarter of the Director, an official reporting directly payer awareness of the true costs and con- to one-half are not regulated by any licens- to the Commissioner, IRS. The Director, Of- sequences of a refund anticipation loan. ing entity or subject to minimum com- fice of Professional Responsibility will be en- Description of Proposal. The proposal re- petency requirements. Fifty-seven percent of titled to compensation at the same rate as quires the annual registration of refund loan the earned income credit overclaims were at- the highest rate of basic pay established for facilitators with the Secretary of the De- tributable to returns prepared by paid pre- the Senior Executive Service, or, if higher, partment of the Treasury. A refund loan parers. at a rate fixed under the critical pay author- facilitator is any person who originates the Tax practitioners play an important role ity established under section 9503 of title 5. electronic submission of income tax returns in the tax system. While certain individuals The proposal also authorizes the Secretary for another person and, in connection with authorized to practice before the IRS are al- to appoint administrative law judges to con- the electronic submission, solicits, proc- ready subject to oversight, many are not. duct hearing of sanctions imposed on rep- esses, or otherwise facilitates the making of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4104 CONGRESSIONAL RECORD — SENATE April 21, 2005 a refund anticipation loan to the individual (5) TAXPAYER ACCESS TO FINANCIAL ADDITIONAL STATEMENTS taxpayer on whose behalf the tax return is INSTITUTIONS submitted. It is intended that the Secretary, in promulgating regulations under this pro- Present Law. A large number of individual TRIBUTE TO FIRST MISSIONARY taxpayers do not have bank accounts. Be- posal, will require refund loan facilitators to BAPTIST CHURCH OF LITTLE ROCK submit an annual application that includes cause of this, these taxpayers are unable to the name, address, and TIN of the applicant participate fully in electronic filing, because ∑ Mrs. LINCOLN. Mr. President, I rise and a schedule of the applicant’s fees for IRS cannot electronically transmit to them today to honor one of the oldest houses such year. their tax refunds. of worship in Arkansas. This month the The proposal requires refund loan Reasons for Change. Effectiveness of tax First Missionary Baptist Church of Lit- facilitators to disclose to taxpayers, both incentives and assistance programs are di- tle Rock, AR, will celebrate its 160th orally and in writing, that they may file an minished when individuals do not have an electronic tax return without applying for a anniversary. account at a financial institution. For exam- refund anticipation loan and the cost of fil- The First Missionary Baptist Church ple, the benefits received through the Earned ing such an electronic return compared to was founded in 1845 by Wilson Brown, a the cost of the refund anticipation loan. In Income Tax Credit incentive diminishes slave, who felt led by God to establish addition, the proposal requires refund loan when taxpayers redirect their tax refund in a house of worship. In order to fully exchange for a refund anticipation loan. In facilitators to disclose to taxpayers all fees understand this remarkable achieve- and interest charges associated with a refund contrast, if such taxpayers had an account at an insured financial institution, such tax re- ment we must look at the era in which anticipation loan and provide a comparison this church was founded. with fees and interest charges associated fund could be directly deposited into the tax- with other types of consumer credit, as well payer’s account without a reduction for fees First Missionary Baptist Church was as fees and interest charges for similar re- paid to a refund anticipation loan established 15 years before the Civil fund anticipation loans. Refund loan facilitator. War began and 18 years before the facilitators also must disclose to taxpayers Between 25 and 56 million adults are do not Emancipation Proclamation. Men and the expected time within which tax refunds have an account with an insured financial in- women of African descent during those are typically paid based on different filing stitution. These individuals rely on alter- times were viewed as property and had options, the risk that the full amount of the native financial service providers to cash no legal rights. It certainly took cour- refund may not be paid or received within checks, pay bills, send remittances, and ob- age and vision to establish a church the expected time, and additional costs the tain credit. Many of these individuals are taxpayer may incur in connection with the under such circumstances. low- and moderate-income families. Pro- Over the years, the First Missionary refund anticipation loan if the tax refund is moting the establishment of accounts with delayed or not paid. Baptist Church family has been a wit- an insured financial institution will allow In addition to the above disclosure require- ness to history. Many important fig- ments, refund loan facilitators must disclose the taxpayer to keep more of his or her tax refund and encourage savings. ures of the civil rights movement have to taxpayers whether the refund anticipation stood in First Missionary’s pulpit to loan agreement includes a debt collection Description of Proposal. The proposal au- deliver stirring messages. offset arrangement. Debt collection offsets thorizes the Secretary of the Department of Reverend Roland Smith, the church’s are arrangements between refund loan the Treasury to award demonstration project facilitators and a taxpayer’s creditor to off- grants (totaling up to $10 million) to eligible fifth pastor, was active in the civil set the taxpayer’s expected refund against an entities to provide tax preparation assist- rights movement and invited powerful outstanding liability owed to the creditor. ance in connection with establishing an ac- leaders such as Dr. Benjamin Elijah There is concern with the potential abuse of count in a federally insured depository insti- Mays and Dr. Martin Luther King, Jr. individual taxpayers through the use of such tution for individuals that do not have such to speak from the pulpit. Dr. King arrangements by refund loan facilitators. To an account. Entities eligible to receive spoke in April 1963, just 4 months be- discourage their use, refund loan facilitators grants are: tax-exempt organizations de- fore the ‘‘March on Washington’’, and must fully disclose to taxpayers any ar- scribed in section 501(c)(3), federally insured his famous ‘‘I have a dream’’ speech. rangements to offset a taxpayer’s expected depository institutions, State or local gov- refund against an outstanding liability. The The podium and bible he used that day ernmental agencies, community develop- are still on display in the vestibule of Secretary is authorized to require refund ment financial institutions, Indian tribal or- the church sanctuary. loan facilitators to disclose any other infor- ganizations, Alaska native corporations, na- mation deemed necessary. The provision tive Hawaiian organizations, and labor orga- In 1991, the church hosted another does not preempt state laws or political sub- nizations. great leader, the Governor of Arkansas division thereof. Bill Clinton. A few short months later The proposal permits the Secretary to im- The provision requires the Secretary, in Gov. Clinton launched his bid to be- pose monetary penalties on refund loan consultation with the National Taxpayer Ad- facilitators who fail to meet the registration vocate, to study the delivery of tax refunds come President of the United States. I or disclosure requirements, unless such fail- through debit cards or other electronic guess you might say that the pulpit at ure was due to reasonable cause. The penalty means, in addition to those methods pres- First Missionary Baptist Church is a for failure to register is not to exceed the ently available. The purpose of the study is launching pad to greatness. gross income derived from all refund antici- to assist those individuals who do not have Although First Missionary Baptist pation loans during the period the refund access to financial accounts or institutions Church has great historical signifi- loan facilitator was not registered. The pen- to obtain access to their tax refunds. The cance, its spiritual significance is most alty for failure to disclose the information Secretary shall submit a report to Congress important. For 160 years, this church required by the proposal is not to exceed the with the results of the study not later than has been a beacon of hope and a spir- gross income derived from all refund antici- one year after the date of enactment. pation loans with respect to which the re- itual oasis to thousands of Arkansans. Effective Date. The proposal is effective on fund loan facilitator failed to provide the re- This church has worked hard to fulfill the date of enactment. quired disclosure information. The proposal the calling of Christ spoken of in the also permits the Secretary to disclose the (6) USE OF PRACTITIONER FEES 4th chapter of Luke—to preach the gos- name of or penalty imposed upon any refund pel to the poor; to heal the broken- loan facilitator who fails to meet the reg- Present Law. The Tax Court is authorized hearted; to preach deliverance to the istration or disclosure requirements. to impose on practitioners admitted to prac- captives; and recovering of sight to the The proposal provides that the Secretary tice before the Tax Court a fee of up to $30 shall conduct a public awareness campaign per year. These fees are to be used to employ blind; to set at liberty them that are to educate the public on the costs associated independent counsel to pursue disciplinary bruised, to preach the acceptable year with refund anticipation loans, including the matters. of the Lord. In the end, that is First costs as compared to other forms of credit. Explanation of Provision. The provision Missionary Baptist Church’s greatest ∑ The public awareness campaign shall be con- provides that Tax Court fees imposed on legacy. ducted in a manner that educates the public practitioners also are available to provide f on making sound financial decisions with re- services to pro se taxpayers who may not be spect to refund anticipation loans. Amounts ONCOLOGY NURSING SOCIETY familiar with Tax Court procedures and ap- collected from the imposition of penalties on plicable legal requirements. Fees may be ∑ Mrs. FEINSTEIN. Mr. President, I refund loan facilitators shall be directed to used for education programs for pro se tax- rise today to pay tribute to oncology the IRS for the administration of the public payers. awareness campaign. nurses. May 1 marks the beginning of Effective date. The proposal is effective on Effective Date. The provision is effective the 10th annual Oncology Nursing Day the date of enactment. on the date of enactment. and Month and this year marks the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4105 30th Anniversary of the Oncology Nurs- therapy, managing patient therapies John Ed is blessed with a wonderful ing Society. and side-effects, and providing coun- family. I suspect that his newfound As co-chair of the Senate Cancer Coa- seling to patients and family members. free time will give him the opportunity lition, I would like to recognize that I thank all of our Nation’s oncology to enjoy more time with his wife Jean, oncology nurses play an important and nurses for their dedication to our Na- son J, daughter-in-law Kim and grand- essential role in providing quality, tion’s cancer patients, especially those daughter Samantha Jean. Incidentally, comprehensive cancer care. These who care for cancer patients in Cali- J Willoughby has assumed the reins nurses are principally involved in the fornia. I commend the Oncology Nurs- from his father, and is on the air with administration and monitoring of ing Society for all of its efforts and Richard Dixon. chemotherapy and the associated side- leadership over the last 30 years and John Ed has been a great friend to effects patients experience. As anyone congratulate its leaders and members me and a familiar and loyal voice to so ever treated for cancer—or who has a on its 30th Anniversary. The Oncology many in Alabama. He will be greatly loved one who has been treated—will Nursing Society has contributed im- missed by his devoted listeners, but I tell you, oncology nurses provide qual- mensely to the quality and accessi- am certain they join me in wishing him ity clinical, psychosocial and sup- bility of care for all cancer patients the very best as he embarks on many portive care to patients and their fami- and their families, and I urge my col- new endeavors.∑ lies. In short, they are integral to our leagues to support the Society and on- f Nation’s cancer care delivery system. cology nurses in their important en- IN RECOGNITION OF DR. PAUL W. The Oncology Nursing Society is the deavors.∑ DOERRER largest organization of oncology health f professionals in the world, with more ∑ Mr. BOND. Mr. President, it is a than 31,000 registered nurses and other TRIBUTE TO JOHN ED privilege today to bring to the atten- health care professionals. Since 1975, WILLOUGHBY tion of my colleagues the accomplish- the Oncology Nursing Society has been ∑ Mr. SHELBY. Mr. President, I rise ments of Dr. Paul W. Doerrer, the 2005 dedicated to excellence in patient care, today to pay tribute to a good friend recipient of the Missouri Association of teaching, research, administration and who recently retired after three dec- School Administrators’ Robert L. education in the field of oncology. The ades on the radio. John Ed Willoughby, Pearce Award. The Pearce Award is the Society’s mission is to promote excel- who has been a familiar voice on most prestigious honor that can be be- lence in oncology nursing and quality WAPI-AM 1070s morning talk-radio stowed on a school superintendent in cancer care. show, ‘‘The Breakfast Club,’’ signed off the State of Missouri, particularly so The Oncology Nursing Society has 19 on April 15, 2005. John Ed’s last day on because the honoree is selected by a chapters in my home State of Cali- the air was the 30th anniversary of his committee of peers. fornia, which support our oncology first day on the air: April 15, 1975. Over The Ritenour School District in St. nurses in their ongoing efforts to pro- the years, I had many opportunities to Louis County has been fortunate to vide outstanding quality cancer care to join John Ed on the air, and I always have the leadership skills of Dr. patients and their families throughout appreciated his candid, honest, and hu- Doerrer for the past 35 years. The Mis- our State. morous demeanor. souri Legislature and State board of Cancer is a complex, multifaceted John Ed was born February 3, 1935, in education were in the forefront and en- and chronic disease. Each year in the Birmingham, AL. He attended West acted standards-based education long United States, approximately 1.37 mil- End High School, where he excelled on before the passage of No Child Left Be- lion people are diagnosed with cancer, the athletic field as quarterback of the hind. In fact, the standards set in Mis- another 570,000 lose their battles with football team, and captain of the base- souri are among the highest in the Na- this terrible disease, and more than 8 ball and basketball teams. tion. Under the able instructional lead- million Americans count themselves He attended the University of Ala- ership of Dr. Doerrer, the Ritenour among a growing community known as bama in Tuscaloosa, which is where School District has not only met but in cancer survivors. our friendship began. We met as stu- many cases has exceeded the rigorous In 2005, the American Cancer Society dents at the University of Alabama, goals our State has set for student estimates that in the State of Cali- and it was there that we both served as achievement of adequate yearly fornia there will be 135,030 new cancer members of the Delta Chi fraternity. progress. In addition, under Dr. diagnoses, and 56,090 cancer deaths. At His radio career began in 1975 on Doerrer’s able leadership, the Ritenour the same time, in 2005, the Health Re- WSGN radio with cohost Tommy School District was recently named as sources and Services Administration, Charles. The duo was an instant suc- one of the ‘‘Best Places to Work’’ by HRSA, estimates that in the State of cess and became Birmingham’s top the St. Louis Business Journal. California there will be a shortage of rated radio morning show for 81⁄2 years. Dr. Doerrer has truly exemplified in- 18,409 nurses or a ten percent unmet John Ed and Tommy then moved to structional leadership in our State. need for nurses overall. WVOK-AM/WQUS-FM for a short time Whether it is staff development, in- We must do more as a Nation to pre- before going to WERC radio in 1985. structional technology, human re- vent and reduce suffering from cancer They were a talk radio force to be sources, or data driven decision- and to support the oncology nursing reckoned with, remaining No. 1 in Bir- making, Dr. Doerrer has provided the workforce. mingham, until Tommy’s passing in vision and energy that has brought dis- Every day, oncology nurses see the 1996. Following Tommy’s death, Doug tinction to the Ritenour School Dis- pain and suffering caused by cancer Layton joined John Ed and they stayed trict. It is with admiration that I and understand the physical, emo- on the air until February of 1998. In honor Dr. Doerrer today and congratu- tional, and financial challenges that June of 1998, John Ed joined his son, J late him as the 19th recipient of the people with cancer face throughout Willoughby and Scott Michaels for a Robert L. Pearce Award.∑ their diagnosis and treatment. morning show devoted to talk radio on f Over the last ten years, the setting WAPI-AM called ‘‘The Breakfast ´ where treatment for cancer is provided Club.’’ He would finish out his career ATTACHE SHOW CHOIR has changed dramatically. An esti- at WAPI. ∑ Mr. LOTT. Mr. President, the mated 80 percent of all cancer patients I have had the pleasure of being Attache´ Show Choir from Clinton High receive care in community settings, in- interviewed by John Ed numerous School in Clinton, MS, is celebrating 25 cluding cancer centers, physicians’ of- times over the years. Whether it was years of excellence and has gained na- fices, and hospital outpatient depart- in-studio in Birmingham, in Wash- tional recognition as the premier show ments. Oncology nurses are involved in ington during one of his visits, or over choir in the country for its outstanding the care of a cancer patient from the the phone, John Ed has been inform- winning tradition. The Clinton High beginning through the end of treat- ative and fair. His listeners could count School Attache´ Show Choir was formed ment, and they are the front-line pro- on a funny and enlightening show in September 1980 by Winona Costello. viders of care by administering chemo- every morning. Since 1992, the award winning Attache´

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4106 CONGRESSIONAL RECORD — SENATE April 21, 2005 Show Choir has been under the direc- Ms. Niland, one of its reading clerks, S. 870. A bill to prohibit energy market tion of David and Mary Fehr who truly announced that the House has passed manipulation. have a passion for excellence. the following bills in which it requests S. 871. A bill to amend title 10, United Since 1980, Attache´ has established a the concurrence of the Senate: States Code, to ensure that the strength of the Armed Forces and the protections and winning tradition by capturing 52 H.R. 504. An act to designate the facility of benefits for members of the Armed Forces Grand Champion titles, 5 second place the United States Postal Service located at and their families are adequate for keeping titles, and 4 third place titles in 64 4960 West Washington Boulevard in Los An- the commitment of the people of the United competitions during the last 25 years geles, California, as the ‘‘Ray Charles Post States to support their servicemembers, and at prestigious competitions throughout Office Building’’. for other purposes. the Nation. Nationally, Attache´ has H.R. 1001. An act to designate the facility S. 872. A bill to amend the Internal Rev- of the United States Postal Service located enue Code of 1986 to provide for the taxation achieved unprecedented recognition at 301 South Heatherwilde Boulevard in and has received numerous awards of income of controlled foreign corporations Pflugerville, Texas, as the ‘‘Sergeant Byron attributable to imported property. through the years for Best Vocals, Best W. Norwood Post Office Building’’. S. 873. A bill to amend title XVIII of the Choreography, Best Overall Effect, H.R. 1072. An act to designate the facility Social Security Act to deliver a meaningful Most Creative Show, Best Show De- of the United States Postal Service located benefit and lower prescription drug prices sign, Best Repertoire, Best Costume at 151 West End Street in Goliad, Texas, as under the medicare program. Design, Best Visuals, Best Instru- the ‘‘Judge Emilio Vargas Post Office Build- S. 874. A bill to establish a national health mental Combo, Best Rhythm Section, ing’’. program administered by the Office of Per- and Best Brass Section competing The message also announced that the sonnel Management to offer health benefits against choirs from all over the Na- House has agreed to the following con- plans to individuals who are not Federal em- ployees, and for other purposes. tion. In its last 35 competitions dating current resolution, in which it requests back to the 1995/1996 season, Attache´ the concurrence of the Senate: f has captured the Grand Champion title H. Con. Res. 126. Concurrent resolution ex- EXECUTIVE AND OTHER 33 times. During the last 15 consecutive pressing the condolences and deepest sym- COMMUNICATIONS ´ pathies of the Congress in the aftermath of competitions, Attache has captured The following communications were Grand Champion titles and therefore, the recent school shooting at Red Lake High School in Red Lake, Minnesota. laid before the Senate, together with has the longest grand champion win- f accompanying papers, reports, and doc- ning streak of any show choir in the uments, and were referred as indicated: Nation. ENROLLED BILL SIGNED In the last 10, Attache´ has had the EC–1833. A communication from the Prin- At 4:57 p.m., a message from the cipal Deputy Associate Administrator, Office privilege of hosting a number of com- House of Representatives, delivered by of Policy, Economics and Innovation, Envi- petitions, including Showstoppers Invi- Ms. Niland, one of its reading clerks, ronmental Protection Agency, transmitting, tational in Orlando, FL, and Show announced that the Speaker has signed pursuant to law, the report of a rule entitled Choir Nationals in Nashville, TN, ‘‘Benoxacor; Partial Grant and Partial De- the following enrolled bill: where they also performed the opening nial of Petition, and Amendment of Toler- number at the Grand Ole Opry in S. 167. An act to provide for the protection ance to Include S-Metolachlor’’ (FRL No. of intellectual property rights, and for other 7709–2) received April 18, 2005; to the Com- March 2005. During the 2005 competi- purposes. tion season, Attache´ captured Grand mittee on Agriculture, Nutrition, and For- estry. Champion titles at the 10th Anniver- The enrolled bill was signed subse- quently by the President pro tempore EC–1834. A communication from the Prin- sary Fame Show Choir Cup in Branson, cipal Deputy Associate Administrator, Office (Mr. STEVENS). MO; the Fame Show Choir America in of Policy, Economics and Innovation, Envi- Orlando, FL; the Petal Invitational in f ronmental Protection Agency, transmitting, Petal, MS and the Buchanan Invita- MEASURES REFERRED pursuant to law, the report of a rule entitled tional in Troy, MO. ‘‘Propiconazole; Re-Establishment of Toler- Attache´ has gained extensive praise The following bills were read the first ance for Emergency Exemption’’ (FRL No. and accolade for their remarkable tal- and the second times by unanimous 7709–3) received April 18, 2005; to the Com- consent, and referred as indicated: mittee on Agriculture, Nutrition, and For- ent, phenomenal showmanship, and ex- estry. H.R. 504. An act to designate the facility of traordinary success. It is with great EC–1835. A communication from the Prin- the United States Postal Service located at pride to recognize the contributions of cipal Deputy Associate Administrator, Office 4960 West Washington Boulevard in Los An- this nationally known musical group of Policy, Economics and Innovation, Envi- geles, California, as the ‘‘Ray Charles Post ronmental Protection Agency, transmitting, which has brought honor to its school, Office Building’’; to the Committee on pursuant to law, the report of a rule entitled its community, and to the State of Homeland Security and Governmental Af- ‘‘Spiromesifen; Pesticide Tolerance’’ (FRL Mississippi.∑ fairs. No. 7705–1) received April 18, 2005; to the H.R. 1001. An act to designate the facility f Committee on Agriculture, Nutrition, and of the United States Postal Service located Forestry. at 301 South Heatherwilde Boulevard in MESSAGES FROM THE PRESIDENT EC–1836. A communication from the Prin- Pflugerville, Texas, as the ‘‘Sergeant Byron cipal Deputy Associate Administrator, Office Messages from the President of the W. Norwood Post Office Building’’; to the of Policy, Economics and Innovation, Envi- United States were communicated to Committee on Homeland Security and Gov- ronmental Protection Agency, transmitting, the Senate by Ms. Evans, one of his ernmental Affairs. pursuant to law, the report of a rule entitled secretaries. H.R. 1072. An act to designate the facility ‘‘Tetraconazole; Time-Limited Pesticide Tol- of the United States Postal Service located f erance’’ (FRL No. 7702–4) received April 18, at 151 West End Street in Goliad, Texas, as 2005; to the Committee on Agriculture, Nu- the ‘‘Judge Emilio Vargas Post Office Build- EXECUTIVE MESSAGES REFERRED trition, and Forestry. ing’’; to the Committee on Homeland Secu- EC–1837. A communication from the Con- As in executive session the Presiding rity and Governmental Affairs. Officer laid before the Senate messages gressional Review Coordinator, Animal and The following concurrent resolution from the President of the United Plant Health Inspection Service, Department was read, and referred as indicated: of Agriculture, transmitting, pursuant to States submitting sundry nominations H. Con. Res. 126. Concurrent resolution ex- law, the report of a rule entitled ‘‘Asian which were referred to the appropriate Longhorned Beetle; Addition to Quarantined committees. pressing the condolences and deepest sym- pathies of the Congress in the aftermath of Areas’’ (Docket No. 04–130–2) received on (The nominations received today are the recent school shooting at Red Lake High April 18, 2005; to the Committee on Agri- printed at the end of the Senate pro- School in Red Lake, Minnesota; to the Com- culture, Nutrition, and Forestry. ceedings.) mittee on the Judiciary. EC–1838. A communication from the Prin- cipal Deputy Associate Administrator, Office f f of Policy, Economics, and Innovation, Envi- MESSAGES FROM THE HOUSE MEASURES READ THE FIRST TIME ronmental Protection Agency, the report of a rule entitled ‘‘Revisions to the Territory of At 1:04 p.m., a message from the The following bills were read the first Guam State Implementation Plan, Update to House of Representatives, delivered by time: Materials Incorporated by Reference’’ (FRL

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4107 No. 7888–4) received on April 18, 2005; to the rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Committee on Environment and Public port of a rule entitled ‘‘Security Zones: Mon- mitting, pursuant to law, the report of a rule Works. terey Bay and Humboldt Bay, CA. [COPT entitled ‘‘Airworthiness Directives: Bom- EC–1839. A communication from the Prin- San Francisco Bay 04–003]’’ (RIN1625–AA87) bardier Model CL 600 2B19 Airplanes’’ cipal Deputy Associate Administrator, Office received on April 18, 2005; to the Committee ((RIN2120–AA64) (2005–0196)) received on April of Policy, Economics, and Innovation, Envi- on Commerce, Science, and Transportation. 18, 2005; to the Committee on Commerce, ronmental Protection Agency, the report of EC–1849. A communication from the Chief, Science, and Transportation. a rule entitled ‘‘Approval and Promulgation Regulations and Administrative Law, U.S. EC–1858. A communication from the Pro- of Implementation Plans; Texas; Memo- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- randum of Agreement Between Texas Coun- rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- cil on Environmental Quality and the North port of a rule entitled ‘‘Anchorage Ground: mitting, pursuant to law, the report of a rule Central Council of Governments Providing Safety Zone; Speed Limit; Tongass [CGD17– entitled ‘‘Airworthiness Directives: The Emissions Offsets to Dallas Fort Worth 99–002]’’ (RIN1625–AA23) received on April 18, Cessna Aircraft Company Models 208 and International Airport’’ (FRL No. 7902–8) re- 2005; to the Committee on Commerce, 208B; CORRECTION’’ ((RIN2120–AA64) (2005– ceived on April 18, 2005; to the Committee on Science, and Transportation. 0191)) received on April 18, 2005; to the Com- Environment and Public Works. EC–1850. A communication from the Chief, mittee on Commerce, Science, and Transpor- EC–1840. A communication from the Acting Regulations and Administrative Law, U.S. tation. Director, Congressional Affairs, Office of the Coast Guard, Department of Homeland Secu- EC–1859. A communication from the Pro- General Counsel, Nuclear Regulatory Com- rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- mission, transmitting, pursuant to law, the port of a rule entitled ‘‘Special Local Regu- tion, Department of Transportation, trans- report of a rule entitled ‘‘Model Milestones lation for Marine Events: Pasquotank River, mitting, pursuant to law, the report of a rule for NCR Adjudicatory Proceedings’’ Camden, NC [CGD05–05–022]’’ (RIN1625–AA08) entitled ‘‘Airworthiness Directives: Airbus (RIN3150–AG49) received on April 18, 2005; to received on April 18, 2005; to the Committee Model A318, A319, A320, and A321 Series Air- the Committee on Environment and Public on Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64) (2005–0202)) received Works. EC–1851. A communication from the Chief, on April 18, 2005; to the Committee on Com- EC–1841. A communication from the Chair- Regulations and Administrative Law, U.S. merce, Science, and Transportation. man, Nuclear Regulatory Commission, trans- Coast Guard, Department of Homeland Secu- EC–1860. A communication from the Pro- mitting, pursuant to law, the monthly report rity, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- on the status of licensing and regulatory du- port of a rule entitled ‘‘Drawbridge Oper- tion, Department of Transportation, trans- ties; to the Committee on Environment and ations (Including 3 Regulations): [CGD07–05– mitting, pursuant to law, the report of a rule Public Works. 009], [CGD01–05–032], [CGD11–05–025]’’ entitled ‘‘Airworthiness Directives: Boeing EC–1842. A communication from the Assist- (RIN1625–AA09) received on April 18, 2005; to Model 767–400ER, 777–200, and 777–300 Series ant Attorney General, Office of Legislative the Committee on Commerce, Science, and Airplanes’’ ((RIN2120–AA64) (2005–0203)) re- Affairs, Department of Justice, transmit- Transportation. ceived on April 18, 2005; to the Committee on ting, pursuant to law, the Department’s 2003 EC–1852. A communication from the Chief, Commerce, Science, and Transportation. Annual Report on the activities and oper- Regulations and Administrative Law, U.S. EC–1861. A communication from the Pro- ations of the Public Integrity Section, Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- Criminal Division; to the Committee on the rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Judiciary. port of a rule entitled ‘‘Security Zones: Mon- mitting, pursuant to law, the report of a rule EC–1843. A communication from the Acting terey Bay and Humboldt Bay, CA. [COPT entitled ‘‘Airworthiness Directives: Boeing Chief, Publications and Regulations Branch, San Francisco Bay 05–004]’’ (RIN1625–AA87) Model 737–600, 700, 800, and 900 Series Air- Internal Revenue Service, Department of the received on April 18, 2005; to the Committee planes’’ ((RIN2120–AA64) (2005–0197)) received Treasury, transmitting, pursuant to law, the on Commerce, Science, and Transportation. on April 18, 2005; to the Committee on Com- report of a rule entitled ‘‘Limitation of Ret- EC–1853. A communication from the Pro- merce, Science, and Transportation. roactive Application of Central Laborer’s gram Analyst, Federal Aviation Administra- EC–1862. A communication from the Pro- Pension Fund v. Heinz’’ (Rev. Proc. 2005–23) tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- received on April 18, 2005; to the Committee mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- on Finance. entitled ‘‘Airworthiness Directives: General mitting, pursuant to law, the report of a rule EC–1844. A communication from the Acting Electric Company CF34–8E Series Turbofan entitled ‘‘Airworthiness Directives: Boeing Chief, Publications and Regulations Branch, Engines’’ ((RIN2120–AA64) (2005–0192)) re- Model 737–100, 200, 200C, 300, 400, and 500 Se- Internal Revenue Service, Department of the ceived on April 18, 2005; to the Committee on ries Airplanes’’ ((RIN2120–AA64) (2005–0198)) Treasury, transmitting, pursuant to law, the Commerce, Science, and Transportation. received on April 18, 2005; to the Committee report of a rule entitled ‘‘Applicable Federal EC–1854. A communication from the Pro- on Commerce, Science, and Transportation. Rates—May 2005’’ (Rev. Rul. 2005–27) received gram Analyst, Federal Aviation Administra- EC–1863. A communication from the Pro- on April 18, 2005; to the Committee on Fi- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- nance. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–1845. A communication from the Acting entitled ‘‘Airworthiness Directives: Hartzell mitting, pursuant to law, the report of a rule Chief, Publications and Regulations Branch, Propeller Inc. Models HC–B3TN–2, –3, –5, HC– entitled ‘‘Airworthiness Directives: Boeing Internal Revenue Service, Department of the B4TN–3, –5, HC–B4MN–5, and HC–B5MP–3 Model 767–300 and 400ER Series Airplanes’’ Treasury, transmitting, pursuant to law, the Turbopropellers’’ ((RIN2120–AA64) (2005–0193)) ((RIN2120–AA64) (2005–0199)) received on April report of a rule entitled ‘‘Guidance Under received on April 18, 2005; to the Committee 18, 2005; to the Committee on Commerce, Section 355(e); Recognition of Gain on Cer- on Commerce, Science, and Transportation. Science, and Transportation. tain Distributions of Stock or Securities in EC–1855. A communication from the Pro- EC–1864. A communication from the Pro- Connection with an Acquisition’’ ((RIN1545– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AY42) (TD 9198)) received on April 18, 2005; to tion, Department of Transportation, trans- tion, Department of Transportation, trans- the Committee on Finance. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1846. A communication from the Attor- entitled ‘‘Airworthiness Directives: McDon- entitled ‘‘Airworthiness Directives: Boeing ney Advisor, National Highway Traffic Safe- nell Douglas Model DC 9 15F Airplanes Modi- Model 737–100, 200, 200C, 300, 400, and 500 Se- ty Administration, Department of Transpor- fied in Accordance with Supplemental Type ries Airplanes’’ ((RIN2120–AA64) (2005–0200)) tation, transmitting, pursuant to law, the re- Certificate (STC) SA199eSO; and Model DC 9 received on April 18, 2005; to the Committee port of a rule entitled ‘‘Final Rule; Response 10, DC 9 20, DC 9 30, DC 9 40, and DC 9 50 Se- on Commerce, Science, and Transportation. to Petitions for reconsideration, TREAD ries Airplanes in All-Cargo Configuration, EC–1865. A communication from the Pro- Child Restraints’’ (RIN2127–AJ40) received on Equipped with a Main Deck Cargo Door’’ gram Analyst, Federal Aviation Administra- April 18, 2005; to the Committee on Com- ((RIN2120–AA64) (2005–0194)) received on April tion, Department of Transportation, trans- merce, Science, and Transportation. 18, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule EC–1847. A communication from the Chief, Science, and Transportation. entitled ‘‘Airworthiness Directives: Bom- Regulations and Administrative Law, U.S. EC–1856. A communication from the Pro- bardier Model DHC 8 102, 103, 106, 201, 202, 301, Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- 311, and 315 Airplanes’’ ((RIN2120–AA64) (2005– rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- 0201)) received on April 18, 2005; to the Com- port of a rule entitled ‘‘Drawbridge Oper- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ations (Including 4 Regulations): [CGD05–04– entitled ‘‘Airworthiness Directives: Empresa tation. 215], [CGD08–05–003], [CGD08–05–004], [CGD01– Brasileira de Aeronautica S A Model ERJ 170 EC–1866. A communication from the Pro- 04–126]’’ (RIN1625–AA09) received on April 18, Series Airplanes’’ ((RIN2120–AA64) (2005– gram Analyst, Federal Aviation Administra- 2005; to the Committee on Commerce, 0195)) received on April 18, 2005; to the Com- tion, Department of Transportation, trans- Science, and Transportation. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule EC–1848. A communication from the Chief, tation. entitled ‘‘Amendment of Class E5 Airspace at Regulations and Administrative Law, U.S. EC–1857. A communication from the Pro- Parsons TN: the Beach River Regional Air- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- port Parsons, TN’’ ((RIN2120–AA66) (2005–

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4108 CONGRESSIONAL RECORD — SENATE April 21, 2005 0092)) received on April 18, 2005; to the Com- By Mrs. FEINSTEIN: hibit the conduct of offshore drilling on the mittee on Commerce, Science, and Transpor- S. 867. A bill to designate the facility of outer Continental Shelf in the Mid-Atlantic tation. the United States Postal Service located at and North Atlantic planning areas; to the EC–1867. A communication from the Pro- 8200 South Vermont Avenue in Los Angeles , Committee on Energy and Natural Re- gram Analyst, Federal Aviation Administra- California, as the ‘‘Sergeant First Class John sources. tion, Department of Transportation, trans- Marshall Post Office Building″; to the Com- By Ms. MURKOWSKI: mitting, pursuant to law, the report of a rule mittee on Homeland Security and Govern- S. 879. A bill to make improvements to the entitled ‘‘Establishment of Class E Airspace; mental Affairs. Arctic Research and Policy Act of 1984; to Tracy, MN’’ ((RIN2120–AA66) (2005–0090)) re- By Mr. SANTORUM (for himself, Mr. the Committee on Homeland Security and ceived on April 18, 2005; to the Committee on CORZINE, Mr. SCHUMER, and Mr. Governmental Affairs. Commerce, Science, and Transportation. DEMINT): By Mrs. BOXER (for herself and Mrs. EC–1868. A communication from the Pro- S. 868. A bill to encourage savings, promote FEINSTEIN): gram Analyst, Federal Aviation Administra- financial literacy, and expand opportunities S. 880. A bill to expand the boundaries of tion, Department of Transportation, trans- for young adults by establishing KIDS Ac- the Gulf of the Farallones National Marine mitting, pursuant to law, the report of a rule counts; to the Committee on Finance. Sanctuary and the Cordell Bank National entitled ‘‘Modification of Class D Airspace; By Mr. FEINGOLD: Marine Sanctuary; to the Committee on En- S. 869. A bill to amend the Agricultural Ad- Grissom ARB, IN’’ ((RIN2120–AA66) (2005– vironment and Public Works. justment Act to prohibit the Secretary of 0091)) received on April 18, 2005; to the Com- By Ms. CANTWELL (for herself, Mr. Agriculture from basing minimum prices for mittee on Commerce, Science, and Transpor- MCCAIN, Mr. DORGAN, Mrs. MURRAY, class I milk on the distance or transpor- tation. and Mr. INOUYE): EC–1869. A communication from the Pro- tation costs from any location that is not within a marketing area, except under cer- S. 881. A bill to provide for equitable com- gram Analyst, Federal Aviation Administra- pensation to the Spokane Tribe of Indians of tion, Department of Transportation, trans- tain circumstances, and for other purposes; to the Committee on Agriculture, Nutrition, the Spokane Reservation for the use of tribal mitting, pursuant to law, the report of a rule land for the production of hydropower by the entitled ‘‘Standard Instrument Approach and Forestry. By Ms. CANTWELL: Grand Coulee Dam, and for other purposes; Procedures; Miscellaneous Amendments (14); to the Committee on Indian Affairs. Amdt No. 3119 [4–6/4–14]’’ ((RIN2120–AA65) S. 870. A bill to prohibit energy market By Mr. DURBIN (for himself, Ms. STA- (2005–0011)) received on April 18, 2005; to the manipulation; read the first time. BENOW, Mr. WYDEN, Mr. LAUTENBERG, Committee on Commerce, Science, and By Mr. LEVIN: Mr. BAYH, Mr. LEAHY, Mr. LIEBER- Transportation. S. 871. A bill to amend title 10, United States Code, to ensure that the strength of MAN, Mrs. BOXER, Mr. KENNEDY, Mr. f the Armed Forces and the protections and REED, Mrs. CLINTON, Mr. CORZINE, Mr. KERRY, Mr. FEINGOLD, and Mr. SCHU- REPORTS OF COMMITTEES benefits for members of the Armed Forces and their families are adequate for keeping MER): The following reports of committees the commitment of the people of the United S. 882. A bill to designate certain Federal were submitted: States to support their servicemembers, and land in the State of Utah as wilderness, and for other purposes; read the first time. for other purposes; to the Committee on En- By Mr. SPECTER, from the Committee on ergy and Natural Resources. the Judiciary, without amendment: By Mr. DORGAN (for himself, Ms. MI- By Mr. HAGEL (for himself, Mr. BYRD, S. 339. A bill to reaffirm the authority of KULSKI, and Ms. STABENOW): S. 872. A bill to amend the Internal Rev- Mr. ALEXANDER, Mr. PRYOR, Mr. States to regulate certain hunting and fish- enue Code of 1986 to provide for the taxation CRAIG, Mrs. DOLE, and Ms. MUR- ing activities. of income of controlled foreign corporations KOWSKI): By Mr. SPECTER, from the Committee on attributable to imported property; read the S. 883. A bill to direct the Secretary of the Judiciary, with an amendment in the na- first time. State to carry out activities that promote ture of a substitute: By Mr. DURBIN: the adoption of technologies that reduce S. 378. A bill to make it a criminal act to S. 873. A bill to amend title XVIII of the greenhouse gas intensity in developing coun- willfully use a weapon with the intent to Social Security Act to deliver a meaningful tries, while promoting economic develop- cause death or serious bodily injury to any benefit and lower prescription drug prices ment, and for other purposes; to the Com- person while on board a passenger vessel, and under the medicare program; read the first mittee on Foreign Relations. for other purposes. time. By Ms. CANTWELL: f By Mr. DURBIN (for himself and Mrs. S. 884. A bill to conduct a study evaluating LINCOLN): whether there are correlations between the EXECUTIVE REPORTS OF S. 874. A bill to establish a national health commission of methamphetamine crimes and COMMITTEES program administered by the Office of Per- identify theft crimes; to the Committee on The following executive reports of sonnel Management to offer health benefits the Judiciary. committees were submitted: plans to individuals who are not Federal em- By Mr. DAYTON: By Mr. WARNER for the Committee on ployees, and for other purposes; read the S. 885. A bill to authorize funding for the Armed Services. first time. American Prosecutors Research Institute’s Air Force nomination of Lt. Gen. Michael By Mr. BINGAMAN (for himself, Ms. National Center for Prosecution of Child V. Hayden to be General. SNOWE, Mr. LIEBERMAN, and Mr. Abuse and the American Prosecutors Re- By Mr. SPECTER for the Committee on OBAMA): search Institute’s National Child Protection S. 875. A bill to amend the Internal Rev- the Judiciary. Training Center at Winona State University; enue Code of 1986 and the Employee Retire- Priscilla Richman Owen, of Texas, to be to the Committee on the Judiciary. ment Income Security Act of 1974 to increase United States Circuit Judge for the Fifth By Mr. MCCAIN (for himself, Mr. ALEX- participation in section 401(k) plans through Circuit. ANDER, Mr. LIEBERMAN, Mr. SALAZAR, automatic contribution trusts, and for other Janice R. Brown, of California, to be and Mrs. FEINSTEIN): purposes; to the Committee on Finance. United States Circuit Judge for the District S. 886. A bill to eliminate the annual oper- By Mr. HATCH (for himself, Mrs. FEIN- of Columbia Circuit. ating deficit and maintenance backlog in the STEIN, Mr. SPECTER, Mr. KENNEDY, national parks, and for other purposes; to (Nominations without an asterisk and Mr. HARKIN): were reported with the recommenda- S. 876. A bill to prohibit human cloning the Committee on Finance. By Mr. HAGEL (for himself, Ms. LAN- tion that they be confirmed.) and protect stem cell research; to the Com- mittee on the Judiciary. DRIEU, Mr. ALEXANDER, Mr. PRYOR, f By Mr. DOMENICI (for himself, Mr. Mr. CRAIG, Mrs. DOLE, and Ms. MUR- KOWSKI): LIEBERMAN, Mr. FRIST, Mr. LUGAR, INTRODUCTION OF BILLS AND S. 887. A bill to amend the Energy Policy JOINT RESOLUTIONS Mr. ISAKSON, Mr. ENZI, Mr. FEINGOLD, Mr. CRAPO, Mr. ALEXANDER, Mr. BUN- Act of 1992 to direct the Secretary of Energy The following bills and joint resolu- NING, Mr. SESSIONS, Mr. ALLARD, and to carry out activities that promote the adoption of technologies that reduce green- tions were introduced, read the first Mr. CORZINE): S. 877. A bill to provide for a biennial budg- house gas intensity and to provide credit- and second times by unanimous con- et process and a biennial appropriations based financial assistance and investment sent, and referred as indicated: process and to enhance oversight and the protection for projects that employ advanced By Mrs. HUTCHISON: performance of the Federal Government; to climate technologies or systems, and for S. 866. A bill to amend title II of the Social the Committee on the Budget. other purposes; to the Committee on Energy Security Act to repeal the windfall elimi- By Mr. CORZINE (for himself and Mr. and Natural Resources. nation provision and protect the retirement LAUTENBERG): By Mr. SALAZAR: of public servants; to the Committee on Fi- S. 878. A bill to amend the Outer Conti- S. 888. A bill to direct the Department of nance. nental Shelf Lands Act to permanently pro- Homeland Security to provide guidance and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4109 training to State and local governments re- AKAKA) was added as a cosponsor of S. S. 674 lating to sensitive homeland security infor- 438, a bill to amend title XVIII of the At the request of Mr. CORZINE, the mation, and for other purposes; to the Com- Social Security Act to repeal the medi- name of the Senator from New Jersey mittee on Homeland Security and Govern- care outpatient rehabilitation therapy (Mr. LAUTENBERG) was added as a co- mental Affairs. By Mrs. FEINSTEIN (for herself, Ms. caps. sponsor of S. 674, a bill to provide as- SNOWE, Mr. CORZINE, Mr. LEAHY, Mr. S. 440 sistance to combat HIV/AIDS in India, JEFFORDS, Mr. SCHUMER, Ms. COL- At the request of Mr. BUNNING, the and for other purposes. LINS, Mr. DURBIN, and Ms. CANT- names of the Senator from South Da- S. 675 WELL): kota (Mr. JOHNSON), the Senator from At the request of Mr. DORGAN, the S. 889. A bill to amend title 49, United Vermont (Mr. LEAHY), the Senator name of the Senator from West Vir- States Code, to require phased increases in from Oregon (Mr. WYDEN) and the Sen- ginia (Mr. ROCKEFELLER) was added as the fuel efficiency standards applicable to a cosponsor of S. 675, a bill to reward light trucks, to require fuel economy stand- ator from Hawaii (Mr. AKAKA) were ards for automobiles up to 10,000 pounds added as cosponsors of S. 440, a bill to the hard work and risk of individuals gross vehicle weight, to increase the fuel amend title XIX of the Social Security who choose to live in and help preserve economy of the Federal fleet of vehicles, and Act to include podiatrists as physicians America’s small, rural towns, and for for other purposes; to the Committee on for purposes of covering physicians other purposes. Commerce, Science, and Transportation. services under the medicaid program. S. 713 f S. 467 At the request of Mr. ROBERTS, the At the request of Mr. DODD, the name names of the Senator from Georgia SUBMISSION OF CONCURRENT AND of the Senator from Virginia (Mr. (Mr. ISAKSON) and the Senator from In- SENATE RESOLUTIONS ALLEN) was added as a cosponsor of S. diana (Mr. BAYH) were added as cospon- The following concurrent resolutions 467, a bill to extend the applicability of sors of S. 713, a bill to amend the Inter- and Senate resolutions were read, and the Terrorism Risk Insurance Act of nal Revenue Code of 1986 to provide for referred (or acted upon), as indicated: 2002. collegiate housing and infrastructure By Mr. JEFFORDS (for himself and S. 484 grants. Mr. LEAHY): At the request of Mr. WARNER, the S. 718 S. Res. 118. A resolution recognizing June 2 name of the Senator from West Vir- At the request of Mr. BIDEN, the through June 5, 2005, as the ‘‘Vermont Dairy ginia (Mr. ROCKEFELLER) was added as name of the Senator from California Festival,’’ in honor of Harold Howrigan for a cosponsor of S. 484, a bill to amend (Mrs. BOXER) was added as a cosponsor his service to his community and the Vermont dairy industry; to the Committee the Internal Revenue Code of 1986 to of S. 718, a bill to amend title I of the on Agriculture, Nutrition, and Forestry. allow Federal civilian and military re- Omnibus Crime Control and Safe tirees to pay health insurance pre- Streets Act of 1968 to provide standards f miums on a pretax basis and to allow a and procedures to guide both State and ADDITIONAL COSPONSORS deduction for TRICARE supplemental local law enforcement agencies and law premiums. S. 119 enforcement officers during internal S. 576 investigations, interrogation of law en- At the request of Mrs. FEINSTEIN, the names of the Senator from Connecticut At the request of Mr. BYRD, the name forcement officers, and administrative of the Senator from Illinois (Mr. disciplinary hearings, and to ensure ac- (Mr. LIEBERMAN) and the Senator from OBAMA) was added as a cosponsor of S. countability of law enforcement offi- Massachusetts (Mr. KERRY) were added as cosponsors of S. 119, a bill to provide 576, a bill to restore the prohibition on cers, to guarantee the due process for the protection of unaccompanied the commercial sale and slaughter of rights of law enforcement officers, and alien children, and for other purposes. wild free-roaming horses and burros. to require States to enact law enforce- S. 619 ment discipline, accountability, and S. 185 At the request of Mrs. FEINSTEIN, the due process laws. At the request of Mr. NELSON of Flor- name of the Senator from Louisiana S. 760 ida, the names of the Senator from (Mr. VITTER) was added as a cosponsor At the request of Mr. INOUYE, the California (Mrs. FEINSTEIN) and the of S. 619, a bill to amend title II of the names of the Senator from Nebraska Senator from Louisiana (Mr. VITTER) Social Security Act to repeal the Gov- (Mr. NELSON), the Senator from Wis- were added as cosponsors of S. 185, a ernment pension offset and windfall consin (Mr. KOHL), the Senator from bill to amend title 10, United States elimination provisions. New Mexico (Mr. BINGAMAN) and the Code, to repeal the requirement for the S. 633 Senator from California (Mrs. BOXER) reduction of certain Survivor Benefit At the request of Mr. JOHNSON, the were added as cosponsors of S. 760, a Plan annuities by the amount of de- name of the Senator from Florida (Mr. bill to amend the Public Health Serv- pendency and indemnity compensation NELSON) was added as a cosponsor of S. ice Act to provide a means for contin- and to modify the effective date for 633, a bill to require the Secretary of ued improvement in emergency med- paid-up coverage under the Survivor the Treasury to mint coins in com- ical services for children. Benefit Plan. memoration of veterans who became S. 776 S. 300 disabled for life while serving in the At the request of Mr. JOHNSON, the At the request of Ms. COLLINS, the Armed Forces of the United States. name of the Senator from North Da- name of the Senator from Nebraska S. 642 kota (Mr. DORGAN) was added as a co- (Mr. NELSON) was added as a cosponsor At the request of Mr. FRIST, the sponsor of S. 776, a bill to designate of S. 300, a bill to extend the temporary name of the Senator from Minnesota certain functions performed at flight increase in payments under the medi- (Mr. COLEMAN) was added as a cospon- service stations of the Federal Avia- care program for home health services sor of S. 642, a bill to support certain tion Administration as inherently gov- furnished in a rural area. national youth organizations, includ- ernmental functions, and for other pur- S. 313 ing the Boy Scouts of America, and for poses. At the request of Mr. LUGAR, the other purposes. S. 806 names of the Senator from Utah (Mr. S. 665 At the request of Mr. CRAIG, the HATCH) and the Senator from Utah (Mr. At the request of Mr. DORGAN, the names of the Senator from South Da- BENNETT) were added as cosponsors of name of the Senator from Iowa (Mr. kota (Mr. THUNE), the Senator from Il- S. 313, a bill to improve authorities to HARKIN) was added as a cosponsor of S. linois (Mr. OBAMA), the Senator from address urgent nonproliferation crises 665, a bill to reauthorize and improve Missouri (Mr. BOND), the Senator from and United States nonproliferation op- the Spark M. Matsunaga Hydrogen Re- North Carolina (Mr. BURR), the Senator erations. search, Development, and Demonstra- from New Jersey (Mr. LAUTENBERG), S. 438 tion Act of 1990 to establish a program the Senator from Ohio (Mr. DEWINE), At the request of Mr. ENSIGN, the to commercialize hydrogen and fuel the Senator from Arkansas (Mrs. LIN- name of the Senator from Hawaii (Mr. cell technology, and for other purposes. COLN), the Senator from Hawaii (Mr.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4110 CONGRESSIONAL RECORD — SENATE April 21, 2005 INOUYE), the Senator from Wyoming S. RES. 107 Terror, and Tsunami Relief, for the fis- (Mr. THOMAS), the Senator from Ne- At the request of Ms. COLLINS, the cal year ending September 30, 2005, and vada (Mr. ENSIGN), the Senator from name of the Senator from Kansas (Mr. for other purposes. Montana (Mr. BAUCUS), the Senator BROWNBACK) was added as a cosponsor AMENDMENT NO. 520 from North Dakota (Mr. CONRAD), the of S. Res. 107, a resolution commending At the request of Mr. BAYH, the Senator from Vermont (Mr. JEFFORDS) Annice M. Wagner, Chief Judge of the names of the Senator from Massachu- and the Senator from Idaho (Mr. District of Columbia court of Appeals, setts (Mr. KENNEDY), the Senator from CRAPO) were added as cosponsors of S. for her public service. Washington (Ms. CANTWELL) and the 806, a bil to amend title 38, United S. RES. 115 Senator from Florida (Mr. NELSON) States Code, to provide a traumatic in- At the request of Mr. SALAZAR, the were added as cosponsors of amend- jury protection rider to name of the Senator from Mississippi ment No. 520 proposed to H.R. 1268, an servicemembers insured under section (Mr. COCHRAN) was added as a cospon- act making Emergency Supplemental 1967(a)(1) of such title. sor of S. Res. 115, a resolution desig- Appropriations for Defense, the Global S. 859 nating May 2005 as ‘‘National Cystic War on Terror, and Tsunami Relief, for At the request of Mr. SANTORUM, the Fibrosis Awareness Month’’. the fiscal year ending September 30, name of the Senator from Rhode Island AMENDMENT NO. 368 2005, and for other purposes. (Mr. CHAFEE) was added as a cosponsor At the request of Mr. CORZINE, the AMENDMENT NO. 563 of S. 859, a bill to amend the Internal name of the Senator from Illinois (Mr. At the request of Mr. LEVIN, the Revenue Code of 1986 to allow an in- OBAMA) was added as a cosponsor of name of the Senator from Michigan come tax credit for the provision of amendment No. 368 proposed to H.R. (Ms. STABENOW) was added as a cospon- homeownership and community devel- 1268, an act making Emergency Supple- sor of amendment No. 563 proposed to opment, and for other purposes. mental Appropriations for Defense, the H.R. 1268, an act making Emergency S.J. RES. 11 Global War on Terror, and Tsunami Re- Supplemental Appropriations for De- At the request of Mrs. FEINSTEIN, the lief, for the fiscal year ending Sep- fense, the Global War on Terror, and name of the Senator from California tember 30, 2005, and for other purposes. Tsunami Relief, for the fiscal year end- (Mrs. BOXER) was added as a cosponsor AMENDMENT NO. 437 ing September 30, 2005, and for other of S.J. Res. 11, a joint resolution pro- At the request of Mr. ROCKEFELLER, purposes. posing an amendment to the Constitu- the names of the Senator from Michi- f gan (Mr. LEVIN), the Senator from New tion of the United States to abolish the STATEMENTS ON INTRODUCED Jersey (Mr. CORZINE), the Senator from electoral college and to provide for the BILLS AND JOINT RESOLUTIONS direct popular election of the President Oregon (Mr. WYDEN), the Senator from and Vice President of the United Maryland (Ms. MIKULSKI) and the Sen- By Mrs. HUTCHISON: States. ator from Connecticut (Mr. DODD) were S. 866. A bill to amend title II of the added as cosponsors of amendment No. Social Security Act to repeal the wind- S.J. RES. 15 437 intended to be proposed to H.R. fall elimination provision and protect At the request of Mr. BROWNBACK, the 1268, an act making Emergency Supple- the retirement of public servants; to name of the Senator from Hawaii (Mr. mental Appropriations for Defense, the the Committee on Finance. INOUYE) was added as a cosponsor of Global War on Terror, and Tsunami Re- Mrs. HUTCHISON. Mr. President, I S.J. Res. 15, a joint resolution to ac- lief, for the fiscal year ending Sep- ask unanimous consent that the text of knowledge a long history of official tember 30, 2005, and for other purposes. the bill be printed in the RECORD. depredations and ill-conceived policies There being no objection, the bill was by the United States Government re- AMENDMENT NO. 439 At the request of Mr. CRAIG, the ordered to be printed in the RECORD, as garding Indian tribes and offer an apol- follows: ogy to all Native Peoples on behalf of names of the Senator from Colorado S. 866 the United States. (Mr. SALAZAR), the Senator from South Dakota (Mr. THUNE), the Senator from Be it enacted by the Senate and House of Rep- S. CON. RES. 11 Illinois (Mr. OBAMA), the Senator from resentatives of the United States of America in At the request of Mr. SESSIONS, the Missouri (Mr. BOND), the Senator from Congress assembled, names of the Senator from Colorado North Carolina (Mr. BURR), the Senator SECTION 1. SHORT TITLE. (Mr. ALLARD), the Senator from Alaska from New Jersey (Mr. LAUTENBERG), This Act may be cited as the ‘‘Public Serv- ant Retirement Protection Act of 2005’’. (Mr. STEVENS), the Senator from Illi- the Senator from Ohio (Mr. DEWINE), nois (Mr. OBAMA), the Senator from the Senator from New Mexico (Mr. SEC. 2. REPEAL OF CURRENT WINDFALL ELIMI- Georgia (Mr. CHAMBLISS) and the Sen- NATION PROVISION. BINGAMAN), the Senator from Arkansas Paragraph (7) of section 215(a) of the Social ator from Massachusetts (Mr. KEN- (Mrs. LINCOLN), the Senator from Ha- Security Act (42 U.S.C. 415(a)(7)) is repealed. NEDY) were added as cosponsors of S. waii (Mr. INOUYE), the Senator from SEC. 3. REPLACEMENT OF THE WINDFALL ELIMI- Con. Res. 11, a concurrent resolution Wyoming (Mr. THOMAS), the Senator NATION PROVISION WITH A FOR- honoring the Tuskegee Airmen for from Nevada (Mr. ENSIGN), the Senator MULA EQUALIZING BENEFITS FOR their bravery in fighting for our free- CERTAIN INDIVIDUALS WITH NON- from Montana (Mr. BAUCUS), the Sen- COVERED EMPLOYMENT. dom in World War II, and for their con- ator from North Dakota (Mr. CONRAD), tribution in creating an integrated (a) SUBSTITUTION OF PROPORTIONAL FOR- the Senator from Vermont (Mr. JEF- MULA FOR FORMULA BASED ON COVERED POR- United States Air Force. FORDS) and the Senator from Idaho TION OF PERIODIC BENEFIT.— S. RES. 40 (Mr. CRAPO) were added as cosponsors (1) IN GENERAL.—Section 215(a) of the So- At the request of Ms. LANDRIEU, the of amendment No. 439 intended to be cial Security Act (as amended by section 2 of name of the Senator from Colorado proposed to H.R. 1268, an act making this Act) is amended further by inserting (Mr. SALAZAR) was added as a cospon- Emergency Supplemental Appropria- after paragraph (6) the following new para- sor of S. Res. 40, a resolution sup- graph: tions for Defense, the Global War on ‘‘(7)(A) In the case of an individual whose porting the goals and ideas of National Terror, and Tsunami Relief, for the fis- primary insurance amount would be com- Time Out Day to promote the adoption cal year ending September 30, 2005, and puted under paragraph (1) of this subsection, of the Joint Commission on Accredita- for other purposes. who— tion of Healthcare Organizations’ uni- AMENDMENT NO. 487 ‘‘(i) attains age 62 after 1985 (except where versal protocol for preventing errors in At the request of Mr. ENSIGN, the he or she became entitled to a disability in- the operating room. names of the Senator from Montana surance benefit before 1986 and remained so entitled in any of the 12 months immediately S. RES. 85 (Mr. BURNS) and the Senator from preceding his or her attainment of age 62), or At the request of Mr. BINGAMAN, his Oklahoma (Mr. COBURN) were added as ‘‘(ii) would attain age 62 after 1985 and be- name was added as a cosponsor of S. cosponsors of amendment No. 487 pro- comes eligible for a disability insurance ben- Res. 85, a resolution designating July posed to H.R. 1268, an act making efit after 1985, 23, 2005, and July 22, 2006, as ‘‘National Emergency Supplemental Appropria- and who first becomes eligible after 1985 for Day of the American Cowboy’’. tions for Defense, the Global War on a monthly periodic payment (including a

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4111 payment determined under subparagraph (E), of service as ‘employment’ for such purposes, mary insurance amount under paragraph (1) but excluding (I) a payment under the Rail- together with such other information re- of this subsection, except that such second road Retirement Act of 1974 or 1937, (II) a ceived by the Commissioner (including such amount shall be reduced by an amount equal payment by a social security system of a for- documentary evidence of earnings derived to one-half of the portion of the monthly eign country based on an agreement con- from noncovered service as may be provided periodic payment which is attributable to cluded between the United States and such to the Commissioner by the individual) as noncovered service performed after 1956 foreign country pursuant to section 233, and the Commissioner may consider appropriate (with such attribution being based on the (III) a payment based wholly on service as a as a reasonable basis for treatment of service proportionate number of years of such non- member of a uniformed service (as defined in as ‘employment’ for such purposes. The Com- covered service) and to which the individual section 210(m)) which is based in whole or in missioner shall enter into such arrange- is entitled (or is deemed to be entitled) for part upon his or her earnings for service ments as are necessary and appropriate with the initial month of his or her concurrent which did not constitute ‘employment’ as de- the Department of the Treasury, the Depart- entitlement to such monthly periodic pay- fined in section 210 for purposes of this title ment of Labor, other Federal agencies, and ment and old-age or disability insurance (hereafter in this paragraph and in sub- agencies of States and political subdivisions benefits. section (d)(3) referred to as ‘noncovered serv- thereof so as to secure satisfactory evidence An individual’s primary insurance amount of earnings for noncovered service described ice’), the primary insurance amount of that determined under this subparagraph shall be in subparagraph (A) for purposes of this individual during his or her concurrent enti- the larger of the two amounts computed clause and clauses (iii) and (iv). The Sec- tlement to such monthly periodic payment under this clause (before the application of retary of the Treasury, the Secretary of and to old-age or disability insurance bene- subsection (i)). fits shall be computed or recomputed under Labor, and the heads of all other Federal ‘‘(ii) For purposes of clause (i), the percent this paragraph. agencies are authorized and directed to co- specified in this clause is— ‘‘(B) The primary insurance amount of an operate with the Commissioner and, to the ‘‘(I) 80.0 percent with respect to individuals individual described in subparagraph (A), as extent permitted by law, to provide such em- who become eligible (as defined in paragraph ployment records and other information as computed or recomputed under this para- (3)(B)) for old-age insurance benefits (or be- the Commissioner may request for their as- graph, shall be— came eligible as so defined for disability in- sistance in the performance of the Commis- ‘‘(i) in the case of an individual who first surance benefits before attaining age 62) in sioner’s functions under this clause and performs noncovered service after the 12th 1986; clauses (iii) and (iv). calendar month following the date of the en- ‘‘(II) 70.0 percent with respect to individ- actment of the Public Servant Retirement ‘‘(iii) In any case in which satisfactory evi- dence of earnings for noncovered service uals who so become eligible in 1987; Protection Act of 2005, the primary insur- which was performed by an individual during ‘‘(III) 60.0 percent with respect to individ- ance amount determined under subparagraph any year or portion of a year after 1977 is not uals who so become eligible in 1988; (C), or otherwise available, the Commissioner may, ‘‘(IV) 50.0 percent with respect to individ- ‘‘(ii) in the case of an individual who has for purposes of clause (ii), accept as satisfac- uals who so become eligible in 1989; and performed noncovered service during or be- tory evidence of such individual’s earnings ‘‘(V) 40.0 percent with respect to individ- fore the 12th calendar month following the for such noncovered service during such year uals who so become eligible in 1990 or there- date of the enactment of the Public Servant or portion of a year reasonable extrapo- after. Retirement Protection Act of 2005, the larger ‘‘(F)(i) Any periodic payment which other- lations from available information with re- of— wise meets the requirements of subparagraph spect to earnings for noncovered service of ‘‘(I) the primary insurance amount deter- (A), but which is paid on other than a month- such individual for periods immediately pre- mined under subparagraph (C), or ly basis, shall be allocated on a basis equiva- ceding and following such year or portion of ‘‘(II) the primary insurance amount deter- lent to a monthly payment (as determined a year. mined under subparagraph (E). ‘‘(iv) In any case in which satisfactory evi- by the Commissioner of Social Security), ‘‘(C) An individual’s primary insurance dence of earnings for noncovered service and such equivalent monthly payment shall amount determined under this subparagraph which was performed by an individual during constitute a monthly periodic payment for shall be the product derived by multiplying— any period before 1978 is not otherwise avail- purposes of this paragraph. ‘‘(i) the individual’s primary insurance ‘‘(ii) In the case of an individual who has able, the Commissioner may, for purposes of amount, as determined under paragraph (1) elected to receive a periodic payment that clause (ii), accept as satisfactory evidence of of this subsection and subparagraph (D)(i) of has been reduced so as to provide a sur- such individual’s earnings for such non- this paragraph, by vivor’s benefit to any other individual, the covered service during such period — ‘‘(ii) a fraction— payment shall be deemed to be increased (for ‘‘(I) the individual’s written attestation of ‘‘(I) the numerator of which is the individ- purposes of any computation under this such earnings, if such attestation is corrobo- ual’s average indexed monthly earnings (de- paragraph or subsection (d)(3)) by the rated by at least 1 other individual who is termined without regard to subparagraph amount of such reduction. knowledgeable of the relevant facts, or (D)(i)), and ‘‘(iii) For purposes of this paragraph, the ‘‘(II) available information regarding the ‘‘(II) the denominator of which is an term ‘periodic payment’ includes a payment average earnings for noncovered service for amount equal to the individual’s average in- payable in a lump sum if it is a commutation the same period for individuals in similar po- dexed monthly earnings (as determined of, or a substitute for, periodic payments. sitions in the same profession in the same under subparagraph (D)(i)), ‘‘(G)(i) This paragraph shall not apply in State or political subdivision thereof, or, in the case of an individual who has 30 years or rounded, if not a multiple of $0.10, to the any case in which such information is not more of coverage. In the case of an indi- next lower multiple of $0.10. available for such period, reasonable ex- vidual who has more than 20 years of cov- ‘‘(D)(i) For purposes of determining an in- trapolations of average earnings for non- erage but less than 30 years of coverage (as dividual’s primary insurance amount pursu- covered service for such individuals from pe- so defined), the percent specified in the ap- ant to subparagraph (C)(i), the individual’s riods immediately preceding and following plicable subdivision of subparagraph (E)(ii) average indexed monthly earnings shall be such period. shall (if such percent is smaller than the ap- determined by treating all service performed ‘‘(v) In any case described in subparagraph plicable percent specified in the following after 1950 on which the individual’s monthly (B)(i), if the requirements of clause (ii) of table) be deemed to be the applicable percent periodic payment referred to in subpara- this subparagraph are not met (after apply- specified in the following table: graph (A) is based (other than noncovered ing clauses (iii) and (iv)), the primary insur- service as a member of a uniformed service ance amount of the individual shall be, not- If the number of such The applicable (as defined in section 210(m))) as ‘employ- withstanding subparagraph (B)(i), the pri- individual’s years percent is: ment’ as defined in section 210 for purposes mary insurance amount computed under sub- of coverage (as so of this title (together with all other service paragraph (E). defined) is: performed by such individual consisting of ‘‘(E)(i) For purposes of determining the pri- 29 ...... 85 28 ...... 80 ‘employment’ as so defined). mary insurance amount under this subpara- 27 ...... 75 ‘‘(ii) For purposes of determining average graph— 26 ...... 70 indexed monthly earnings as described in ‘‘(I) there shall first be computed an 25 ...... 65 clause (i), the Commissioner of Social Secu- amount equal to the individual’s primary in- 24 ...... 60 rity shall provide by regulation for a method surance amount under paragraph (1) of this 23 ...... 55 for determining the amount of wages derived subsection, except that for purposes of such 22 ...... 50 from service performed after 1950 on which computation the percentage of the individ- 21 ...... 45 the individual’s periodic benefit is based and ual’s average indexed monthly earnings es- ‘‘(ii) For purposes of clause (i), the term which is to be treated as ‘employment’ solely tablished by subparagraph (A)(i) of para- ‘year of coverage’ shall have the meaning for purposes of clause (i). Such method shall graph (1) shall be the percent specified in provided in paragraph (1)(C)(ii), except that provide for reliance on employment records clause (ii), and the reference to ‘15 percent’ therein shall be which are provided to the Commissioner and ‘‘(II) there shall then be computed (without deemed to be a reference to ‘25 percent’. which, as determined by the Commissioner, regard to this paragraph) a second amount, ‘‘(H) An individual’s primary insurance constitute a reasonable basis for treatment which shall be equal to the individual’s pri- amount determined under this paragraph

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4112 CONGRESSIONAL RECORD — SENATE April 21, 2005 shall be deemed to be computed under para- not had the same financial success. A oped by Prime Minister Tony Blair. graph (1) of this subsection for the purpose of recent study conducted by the Federal Yet despite its British roots, the pro- applying other provisions of this title. Reserve found that the median net posal is based on the most basic of ‘‘(I) This paragraph shall not apply in the case of an individual whose eligibility for worth of families in the bottom 20 per- American values. By giving every old-age or disability insurance benefits is cent of the nation’s income level was a young person resources with which to based on an agreement concluded pursuant mere $7,900—an amount that is far too get a start in life, ASPIRE will help re- to section 233 or an individual who on Janu- low to ensure a comfortable economic alize the American ideal of equal op- ary 1, 1984— future for their family. This challenge portunity. And by making every young ‘‘(i) is an employee performing service to needs to be addressed to ensure that person an investor, the proposal would which social security coverage is extended lower income families have a signifi- encourage self reliance, promote sav- on that date solely by reason of the amend- cant opportunity to accrue wealth and ings, and give every family a personal ments made by section 101 of the Social Se- expand opportunities for their families. curity Amendments of 1983; or stake in America’s economy. Under this legislation, KIDS Ac- Under ASPIRE, an investment ac- ‘‘(ii) is an employee of a nonprofit organi- counts would be created after a child is zation which (on December 31, 1983) did not count would be established for every have in effect a waiver certificate under sec- born and a Social Security number American child upon receiving a Social tion 3121(k) of the Internal Revenue Code of issued. A one-time $500 deposit would Security number. Each account would 1954 and to the employees of which social se- automatically be placed into a KIDS be funded initially with $500. Those curity coverage is extended on that date account. Children from households with incomes less than the national solely by reason of the amendments made by below the national median income median would receive an additional section 102 of that Act, unless social security would receive an additional deposit of contribution of up to $500, and would coverage had previously extended to service $500 at birth and would be eligible to performed by such individual as an employee receive a one-for-one government receive dollar-for-dollar matching match for their first $500 of private of that organization under a waiver certifi- funds up to $500 per year for voluntary cate which was subsequently (prior to De- contributions each year. Up to $1000 of cember 31, 1983) terminated.’’. contributions to the account, which after-tax private contributions would cannot exceed $1,000 per year. All funds (2) CONFORMING AMENDMENTS.— be allowed annually from any source. (A) Section 215(d)(3) of such Act (42 U.S.C. grow tax-free. Access to the account Funds would accumulate tax-free and 415(d)(3)) is amended— prior to age 18 would not be permitted, could not be withdrawn for purposes (i) by striking ‘‘subsection (a)(7)(C)’’ each but kids—in conjunction with their other than higher education until the place it appears and inserting ‘‘subsection parents—would participate in invest- child reaches the age of 18. At that (a)(7)(F)’’; ment decisions and watch their money (ii) by striking ‘‘subparagraph (E)’’ and in- point, funds could be withdrawn, ac- grow. When the young person turns 18, cording to Roth IRA guidelines, either serting ‘‘subparagraph (I)’’; and he or she can use the accrued money (iii) by striking ‘‘subparagraph (D)’’ and in- for higher education or for the pur- for asset building purposes such as edu- serting ‘‘subparagraph (G)(i)’’. chase of a home. Funds left unspent cation, homeownership, and retirement (B) Section 215(f)(9)(A) of such Act (42 would be saved for retirement under planning. Accrued funds could also be U.S.C. 415(f)(9)(A)) is amended by striking rules similar to those that apply to rolled over into a Roth IRA or 529 post- ‘‘(a)(7)(C)’’ and inserting ‘‘(a)(7)(F)’’. Roth IRAs or rolled over to a 529 plan SEC. 4. EFFECTIVE DATE. secondary education account to expand for educational expenses. Once the ac- The amendments made by this Act shall investment options. apply with respect to monthly insurance I would like to highlight what I view count holder reaches the age of 30, the benefits for months commencing with or as the two major benefits of this legis- initial $500 government contribution after the 12th calendar month following the lation. The first, and most apparent, is would have to be repaid, though excep- date of the enactment of this Act. Notwith- that this bill will help give younger in- tions could be made to avoid undue standing section 215(f) of the Social Security hardship. Act, the Commissioner of Social Security dividuals, especially low-income Amer- icans, a sound financial start to begin Accounts initially would be held by a shall recompute primary insurance amounts government entity that would be based to the extent necessary to carry out the their adult life. For example, a typical on the successful Thrift Savings Plan, amendments made by this Act. low-income family making modest but steady contributions can create a KIDS or TSP, which now manages retirement By Mr. SANTORUM (for himself, Account worth over $20,000 in 18 years. accounts for Federal employees with Mr. CORZINE, Mr. SCHUMER, and Second, and perhaps more important, relatively low administrative costs. As Mr. DEMINT): is that KIDS Accounts create opportu- with the TSP, investors would have a S. 868. A bill to encourage savings, nities for all Americans to become range of investment options, such as a promote financial literacy, and expand more financially literate. The account Government securities fund, a fixed in- opportunities for young adults by es- holders and their guardians will choose come investment fund, and a common tablishing KIDS Accounts; to the Com- from a list of possible investment funds stock fund. However, once an account mittee on Finance. and will be able to watch their invest- holder reaches the age of 18, funds Mr. SANTORUM. Mr. President, ment grow over time. All Americans could be rolled over to a KIDS Account today I am introducing ‘‘The America will have the opportunity to see first- held at a private institution. Saving for Personal Investment, Re- hand that a smart investment now can It is difficult to understate the po- tirement, and Education (ASPIRE) Act grow over time into considerable tential impact of giving every Amer- of 2005’’ along with Senator CORZINE, wealth. ican child a funded investment account Senator SCHUMER and Senator DEMINT. I believe that this bill could be a sig- of their own. For the first time, every A bipartisan group of members is intro- nificant and strategic step forward in child will have a meaningful incentive ducing companion legislation in the the effort to expand asset opportunities to learn the basics of investing, be- House of Representatives. The bill cre- to all Americans, and lower-income cause they will have real resources to ates a Kids Investment and Develop- Americans in particular. I encourage invest. For the first time, even families ment Savings (KIDS) Account for every my colleagues to support this bipar- with modest incomes will have a sig- child at birth and creates a new oppor- tisan effort. nificant incentive to save, to earn the tunity for the children of low-income Mr. CORZINE. Mr. President, I am government match. And, perhaps most Americans to build assets and wealth. pleased to join with Senators fundamentally, for the first time, every This country has seen a growing Santorum, Schumer, and DeMint in in- American child will grow up knowing number of Americans investing in the troducing the ASPIRE Act of 2005, that when they reach adulthood, they stock market and has witnessed an his- which would expand opportunities for will have the ability to invest in them- toric boom in homeownership, which young adults, encourage savings, and selves and in their own education. In has increased to record high levels. promote financial literacy, by estab- short, every child will have hope for a However, this growth in assets has not lishing investment accounts, known as real future. reached every American. While many KIDS Accounts, for every child in Considering its potentially signifi- middle- and upper-income families America. cant social and individual benefits, the have increased their assets in the past ASPIRE is based largely on a similar ASPIRE Act requires an investment decade, many low-income families have initiative in the United Kingdom devel- that is relatively modest. It has been

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4113 estimated that, when it becomes effec- My legislation is very simple. It iden- fluid milk prices have generated so tive, the bill’s cost would represent tifies the single most harmful and un- much excess production, that these only about one tenth of one percent of just feature of the current system, and markets distant from Eau Claire are the Federal budget. Yet the proposal corrects it. Under the current archaic now encroaching upon not only our differs from other proposals for new law, the price farmers receive for fluid manufactured markets, but also our spending or tax cuts because, for the milk is higher the further they are markets for fluid milk, further eroding first 18 years, it would not reduce over- from the Eau Claire region of the prices in Wisconsin. all national savings at all. In that pe- Upper Midwest. This provision origi- The market-distorting effects of the riod, virtually every dollar of outlays nally was intended to guarantee the fluid price differentials in federal or- would be saved, and would be available supply of fresh milk from the high pro- ders are shown by a previous Congres- to expand long-term economic growth. duction areas to distant markets in an sional Budget Office analysis that esti- In fact, the proposal would lead to an age of difficult transportation and lim- mated that the elimination of orders increase in national savings because of ited refrigeration. But the situation would save $669 million over five years. its incentives for families to save has long since changed and the provi- Government outlays would fall, CBO more. This would help create the eco- sion persists at the detriment of the concluded, because production would nomic growth we need to handle the Wisconsin farmers even though most fall in response to lower milk prices added burdens associated with the im- local milk markets do not receive any and there would be fewer government pending retirement of the baby milk from Wisconsin. purchases of surplus milk. The regions boomers. The bill I introduce today would pro- that would gain and lose in this sce- Senator SANTORUM and I are excited hibit the Secretary of Agriculture from nario illustrate the discrimination in- to be joined this year by Senators using distance or transportation costs herent to the current system. Eco- Schumer and DeMint as sponsors of from any location as the basis for pric- nomic analyses showed that farm reve- ASPIRE, along with sponsors of iden- ing milk, unless significant quantities nues in a market undisturbed by Fed- tical legislation in the House, Con- of milk are actually transported from eral orders would actually increase in gressmen Harold Ford, Patrick Ken- that location into the recipient mar- the Upper Midwest and fall in most nedy, Thomas Petri and Phil English. ket. The Secretary will have to comply other milk-producing regions. In that process, we have been assisted with the statutory requirement that While this system has been around by a broad range of experts and other supply and demand factors be consid- since 1937, the practice of basing fluid interested parties, for which I am very ered as specified in the Agricultural milk price differentials on the distance grateful. However, I want to especially Marketing Agreement Act when set- from Eau Claire was formalized in the 1960s, when the Upper Midwest argu- thank Ray Boshara and Reid Cramer of ting milk prices in marketing orders. ably was the primary reserve for addi- the New America Foundation, who The fact remains that single-basing- tional supplies of milk. The idea was to have been extraordinarily helpful in point pricing simply cannot be justi- encourage local supplies of fluid milk the development of the legislation, and fied based on supply and demand for in areas of the country that did not who have taken the lead in efforts to milk both in local and national mar- traditionally produce enough fluid promote this and other asset building kets and the changing pattern of U.S. milk to meet their own needs. initiatives. milk production. That is no longer the case. The Upper This bill also requires the Secretary Mr. President, the ASPIRE Act is a Midwest is no longer the primary to report to Congress on specifically big new idea based on simple, old time source of reserve supplies of milk. Un- which criteria are used to set milk American values. It already enjoys fortunately, the prices didn’t adjust prices. Finally, the Secretary will have strong bipartisan support from con- with changing economic conditions, to certify to Congress that the criteria servatives and progressives, alike, in most notably the shift of the dairy in- used by the Department do not in any both houses of Congress. I look forward dustry away from the Upper Midwest way attempt to circumvent the prohi- to working with colleagues on both and towards the Southwest, and spe- sides of the aisle to secure its prompt bition on using distance or transpor- cifically California, which now leads enactment. tation cost as basis for pricing milk. the nation in milk production. This one change is vitally important The result of this antiquated system By Mr. FEINGOLD: to Upper Midwest producers, because has been a decline in the Upper Mid- S. 869. A bill to amend the Agricul- the current system has penalized them west dairy industry, not because it tural Adjustment Act to prohibit the for many years. The current system is can’t produce a product that can com- Secretary of Agriculture from basing a double whammy to Upper Midwest pete in the marketplace, but because minimum prices for class 1 milk on the dairy farmers—it both provides dis- the system discriminates against it. distance or transportation costs from parate profits for producers in other Over the past few years Wisconsin has any location that is not within a mar- parts of the country and creates artifi- lost dairy farmers at a rate of more keting area, except under certain cir- cial economic incentives for milk pro- than 5 per day. The Upper Midwest, cumstances, and for other purposes; to duction. As a result, Wisconsin pro- with the lowest fluid milk prices, is the Committee on Agriculture, Nutri- ducers have seen national surpluses shrinking as a dairy region despite the tion, and Forestry. rise, and milk prices fall. Rather than dairy-friendly climate of the region. Mr. FEINGOLD. Mr. President, today providing adequate supplies of fluid Some other regions with higher fluid I am offering a measure which could milk, the prices often lead to excess milk prices are growing rapidly. serve as a first step towards elimi- production. In a free market with a level playing nating the inequities borne by the The prices have provided production field, these shifts in production might dairy farmers of Wisconsin and the incentives beyond those needed to en- be fair. But in a market where the gov- upper Midwest under the Federal Milk sure a local supply of fluid milk in ernment is setting the prices and pro- Marketing Order system. some regions, leading to an increase in viding that artificial advantage to re- The Federal Milk Marketing Order manufactured products in those mar- gions outside the Upper Midwest, the system, created nearly 60 years ago, es- keting orders. Those manufactured current system is unconscionable. tablishes minimum prices for milk paid products directly compete with Wis- I urge my colleagues to do the right to producers throughout various mar- consin’s processed products, eroding thing and bring reform to this outdated keting areas in the U.S. For sixty our markets and driving national system and work to eliminate the in- years, this system has discriminated prices down. equities in the current milk marketing against producers in the Upper Mid- The perverse nature of this system is order pricing system. west by awarding a higher price to further illustrated by the fact that I ask unanimous consent that the dairy farmers in proportion to the dis- since 1995, some regions of the U.S., no- text of my bill be printed in the tance of their farms from areas of high tably the central states and the South- RECORD. milk production, which historically west, are producing so much milk that There being no objection, the bill was have been the region around Eau they are actually shipping fluid milk ordered to be printed in the RECORD, as Claire, WI. north to the Upper Midwest. The high follows:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4114 CONGRESSIONAL RECORD — SENATE April 21, 2005 S. 869 tions with pharmaceutical manufacturers to (B) by inserting ‘‘or a medicare operated Be it enacted by the Senate and House of Rep- reduce the purchase cost of covered part D prescription drug plan’’ after ‘‘a fallback pre- resentatives of the United States of America in drugs for eligible part D individuals in ac- scription drug plan’’. Congress assembled, cordance with subsection (b). (3) Section 1860D–16(b)(1) of such Act (42 ‘‘(b) NEGOTIATIONS.—Notwithstanding sec- SECTION 1. SHORT TITLE. U.S.C. 1395w–116(b)(1)) is amended— tion 1860D–11(i), for purposes of offering a (A) in subparagraph (C), by striking ‘‘and’’ This Act may be cited as the ‘‘Federal medicare operated prescription drug plan after the semicolon at the end; Milk Marketing Reform Act of 2005’’. under this section, the Secretary shall nego- (B) in subparagraph (D), by striking the pe- SEC. 2. LOCATION ADJUSTMENTS FOR MINIMUM tiate with pharmaceutical manufacturers riod at the end and inserting ‘‘; and’’; and PRICES FOR CLASS I MILK. with respect to the purchase price of covered (C) by adding at the end the following new Section 8c(5) of the Agricultural Adjust- part D drugs and shall encourage the use of subparagraph: ment Act (7 U.S.C. 608c(5)), reenacted with more affordable therapeutic equivalents to ‘‘(E) payments for expenses incurred with amendments by the Agricultural Marketing the extent such practices do not override respect to the operation of medicare oper- Agreement Act of 1937, is amended— medical necessity as determined by the pre- ated prescription drug plans under section (1) in paragraph (A)— scribing physician. To the extent practicable 1860D–11A.’’. and consistent with the previous sentence, (A) in clause (3) of the second sentence, by (4) Section 1860D–41(a) of such Act (42 the Secretary shall implement strategies inserting after ‘‘the locations’’ the following: U.S.C. 141(a)) is amended by adding at the similar to those used by other Federal pur- ‘‘within a marketing area subject to the end the following new paragraph: order’’; and chasers of prescription drugs, and other ‘‘(19) MEDICARE OPERATED PRESCRIPTION (B) by striking the last 2 sentences and in- strategies, to reduce the purchase cost of DRUG PLAN.—The term ‘medicare operated serting the following: ‘‘Notwithstanding sub- covered part D drugs. ‘‘(c) MEDICARE OPERATED PRESCRIPTION prescription drug plan’ has the meaning section (18) or any other provision of law, given such term in section 1860D–11A(c).’’. when fixing minimum prices for milk of the DRUG PLAN DEFINED.—For purposes of this part, the term ‘medicare operated prescrip- (c) EFFECTIVE DATE.—The amendments highest use classification in a marketing made by this section shall take effect as if area subject to an order under this sub- tion drug plan’ means a prescription drug plan that offers qualified prescription drug included in the enactment of section 101 of section, the Secretary may not, directly or the Medicare Prescription Drug, Improve- indirectly, base the prices on the distance coverage and access to negotiated prices de- scribed in section 1860D–2(a)(1)(A). Such a ment, and Modernization Act of 2003 (Public from, or all or part of the costs incurred to Law 108–173; 117 Stat. 2071). transport milk to or from, any location that plan may offer supplemental prescription drug coverage in the same manner as other is not within the marketing area subject to qualified prescription drug coverage offered By Mr. DURBIN (for himself and the order, unless milk from the location con- by other prescription drug plans. Mrs. LINCOLN): stitutes at least 50 percent of the total sup- ‘‘(d) MONTHLY BENEFICIARY PREMIUM.— S. 874. A bill to establish a national ply of milk of the highest use classification ‘‘(1) QUALIFIED PRESCRIPTION DRUG COV- health program administered by the in the marketing area. The Secretary shall ERAGE.—The monthly beneficiary premium Office of Personnel Management to report to the Committee on Agriculture of for qualified prescription drug coverage and the House of Representatives and the Com- offer health benefits plans to individ- access to negotiated prices described in sec- uals who are not Federal employees, mittee on Agriculture, Nutrition, and For- tion 1860D–2(a)(1)(A) to be charged under a estry of the Senate on the criteria that are medicare operated prescription drug plan and for other purposes; read the first used as the basis for the minimum prices re- shall be uniform nationally. Such premium time. ferred to in the preceding sentence, includ- for months in 2006 shall be $35 and for Mr. DURBIN. Mr. President, I ask ing a certification that the minimum prices months in succeeding years shall be based on unanimous consent that the text of the are made in accordance with the preceding the average monthly per capita actuarial bill be printed in the RECORD. sentence.’’; and cost of offering the medicare operated pre- There being no objection, the bill was (2) in paragraph (B)(c), by inserting after scription drug plan for the year involved, in- ordered to be printed in the RECORD, as ‘‘the locations’’ the following: ‘‘within a cluding administrative expenses. follows: marketing area subject to the order’’. ‘‘(2) SUPPLEMENTAL PRESCRIPTION DRUG S. 874 COVERAGE.—Insofar as a medicare operated By Mr. DURBIN: prescription drug plan offers supplemental Be it enacted by the Senate and House of Rep- S. 873. A bill to amend title XVIII of prescription drug coverage, the Secretary resentatives of the United States of America in the Social Security Act to deliver a may adjust the amount of the premium Congress assembled, charged under paragraph (1). SECTION 1. SHORT TITLE. meaningful benefit and lower prescrip- This Act may be cited as the ‘‘Small Em- tion drug prices under the medicare ‘‘(3) REQUIREMENT FOR AT LEAST ONE PLAN WITH A $35 PREMIUM IN 2006.—The Secretary ployers Health Benefits Program Act of program; read the first time. shall ensure that at least one medicare oper- 2005’’. Mr. DORGAN. Mr. President, I ask ated prescription drug plan offered in 2006 SEC. 2. DEFINITIONS. unanimous consent that the text of the has a monthly premium of $35.’’. (a) IN GENERAL.—In this Act, the terms bill be printed in the RECORD. (b) CONFORMING AMENDMENTS.— ‘‘member of family’’, ‘‘health benefits plan’’, There being no objection, the bill was (1) Section 1860D–3(a) of the Social Secu- ‘‘carrier’’, ‘‘employee organizations’’, and ‘‘dependent’’ have the meanings given such ordered to be printed in the RECORD, as rity Act (42 U.S.C. 1395w–103(a)) is amended terms in section 8901 of title 5, United States follows: by adding at the end the following new para- graph: Code. S. 873 ‘‘(4) AVAILABILITY OF THE MEDICARE OPER- (b) OTHER TERMS.—In this Act: Be it enacted by the Senate and House of Rep- ATED PRESCRIPTION DRUG PLAN.— (1) EMPLOYEE.—The term ‘‘employee’’ has resentatives of the United States of America in ‘‘(A) IN GENERAL.—A medicare operated the meaning given such term under section Congress assembled, prescription drug plan (as defined in section 3(6) of the Employee Retirement Income Se- curity Act of 1974 (29 U.S.C. 1002(6)). Such SECTION 1. SHORT TITLE. 1860D–11A(c)) shall be offered nationally in term shall not include an employee of the This Act may be cited as the ‘‘Medicare accordance with section 1860D–11A. Federal Government. Prescription Drug Savings and Choice Act of ‘‘(B) RELATIONSHIP TO OTHER PLANS.— (2) EMPLOYER.—The term ‘‘employer’’ has 2005’’. ‘‘(i) IN GENERAL.—Subject to clause (ii), a medicare operated prescription drug plan the meaning given such term under section SEC. 2. ESTABLISHMENT OF MEDICARE OPER- shall be offered in addition to any qualifying 3(5) of the Employee Retirement Income Se- ATED PRESCRIPTION DRUG PLAN curity Act of 1974 (29 U.S.C. 1002(5)), except OPTION. plan or fallback prescription drug plan of- fered in a PDP region and shall not be con- that such term shall include only employers (a) IN GENERAL.—Subpart 2 of part D of the who employed an average of at least 1 but Social Security Act is amended by inserting sidered to be such a plan for purposes of not more than 100 employees on business after section 1860D–11 the following new sec- meeting the requirements of this subsection. days during the year preceding the date of tion: ‘‘(ii) DESIGNATION AS A FALLBACK PLAN.— Notwithstanding any other provision of this application. Such term shall not include the ‘‘MEDICARE OPERATED PRESCRIPTION DRUG part, the Secretary may designate the medi- Federal Government. PLAN OPTION care operated prescription drug plan as the (3) HEALTH STATUS-RELATED FACTOR.—The ‘‘SEC. 1860D–11A. (a) IN GENERAL.—Not- fallback prescription drug plan for any fall- term ‘‘health status-related factor’’ has the withstanding any other provision of this back service area (as defined in section meaning given such term in section 2791(d)(9) part, for each year (beginning with 2006), in 1860D–11(g)(3)) determined to be appropriate of the Public Health Service Act (42 U.S.C. addition to any plans offered under section by the Secretary.’’. 300gg–91(d)(9)). 1860D–11, the Secretary shall offer one or (2) Section 1860D–13(c)(3) of such Act (42 (4) OFFICE.—The term ‘‘Office’’ means the more medicare operated prescription drug U.S.C. 1395w–113(c)(3)) is amended— Office of Personnel Management. plans (as defined in subsection (c)) with a (A) in the heading, by inserting ‘‘and medi- (5) PARTICIPATING EMPLOYER.—The term service area that consists of the entire care operated prescription drug plans’’ after ‘‘participating employer’’ means an em- United States and shall enter into negotia- ‘‘Fallback plans’’; and ployer that—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4115

(A) elects to provide health insurance cov- (g) RULE OF CONSTRUCTION.—Nothing in in rates shall be made in advance of the con- erage under this Act to its employees; and this Act shall be construed to require a car- tract term in which they will apply and on a (B) is not offering other comprehensive rier that is participating in the program basis which, in the judgment of the Office, is health insurance coverage to such employ- under chapter 89 of title 5, United States consistent with the general practice of car- ees. Code, to provide health benefits plan cov- riers which issue group health benefits plans (c) APPLICATION OF CERTAIN RULES IN DE- erage under this Act. to large employers. Rates charged for cov- TERMINATION OF EMPLOYER SIZE.—For pur- SEC. 4. CONTRACT REQUIREMENT. erage under this Act shall not vary based on health-status related factors. poses of subsection (b)(2): (a) IN GENERAL.—The Office may enter into (g) REQUIREMENT OF PAYMENT FOR OR PRO- (1) APPLICATION OF AGGREGATION RULE FOR contracts with qualified carriers offering VISION OF HEALTH SERVICE.—Each contract EMPLOYERS.—All persons treated as a single health benefits plans of the type described in employer under subsection (b), (c), (m), or (o) entered into under this Act shall require the section 8903 or 8903a of title 5, United States carrier to agree to pay for or provide a of section 414 of the Internal Revenue Code Code, without regard to section 5 of title 41, of 1986 shall be treated as 1 employer. health service or supply in an individual case United States Code, or other statutes requir- if the Office finds that the employee, annu- (2) EMPLOYERS NOT IN EXISTENCE IN PRE- ing competitive bidding, to provide health CEDING YEAR.—In the case of an employer itant, family member, former spouse, or per- insurance coverage to employees of partici- son having continued coverage under section which was not in existence for the full year pating employers under this Act. Each con- prior to the date on which the employer ap- 8905a of title 5, United States Code, is enti- tract shall be for a uniform term of at least tled thereto under the terms of the contract. plies to participate, the determination of 1 year, but may be made automatically re- whether such employer meets the require- SEC. 5. ELIGIBILITY. newable from term to term in the absence of An individual shall be eligible to enroll in ments of subsection (b)(2) shall be based on notice of termination by either party. In en- the average number of employees that it is a plan under this Act if such individual— tering into such contracts, the Office shall (1) is an employee of an employer described reasonably expected such employer will em- ensure that health benefits coverage is pro- ploy on business days in the employer’s first in section 2(b)(2), or is a self employed indi- vided for individuals only, married individ- vidual as defined in section 401(c)(1)(B) of the full year. uals without children, and families. (3) PREDECESSORS.—Any reference in this Internal Revenue Code of 1986; and (b) ELIGIBILITY.—A carrier shall be eligible (2) is not otherwise enrolled or eligible for subsection to an employer shall include a to enter into a contract under subsection (a) reference to any predecessor of such em- enrollment in a plan under chapter 89 of title if such carrier— 5, United States Code. ployer. (1) is licensed to offer health benefits plan (d) WAIVER AND CONTINUATION OF PARTICI- SEC. 6. ALTERNATIVE CONDITIONS TO FEDERAL coverage in each State in which the plan is PATION.— EMPLOYEE PLANS. offered; and (1) WAIVER.—The Office may waive the lim- (a) TREATMENT OF EMPLOYEE.—For pur- (2) meets such other requirements as deter- itations relating to the size of an employer poses of enrollment in a health benefits plan mined appropriate by the Office. which may participate in the health insur- under this Act, an individual who had cov- (c) STATEMENT OF BENEFITS.— ance program established under this Act on erage under a health insurance plan and is (1) IN GENERAL.—Each contract under this a case by case basis if the Office determines not a qualified beneficiary as defined under Act shall contain a detailed statement of that such employer makes a compelling case section 4980B(g)(1) of the Internal Revenue benefits offered and shall include informa- for such a waiver. In making determinations Code of 1986 shall be treated in a similar tion concerning such maximums, limita- under this paragraph, the Office may con- manner as an individual who begins employ- tions, exclusions, and other definitions of sider the effects of the employment of tem- ment as an employee under chapter 89 of benefits as the Office considers necessary or porary and seasonal workers and other fac- title 5, United States Code. desirable. (b) PREEXISTING CONDITION EXCLUSIONS.— tors. (2) NATIONWIDE PLAN.—The Office shall de- (1) IN GENERAL.—Each contract under this (2) CONTINUATION OF PARTICIPATION.—An velop a benefit package that shall be offered Act may include a preexisting condition ex- employer participating in the program under in the case of a contract for a health benefit clusion as defined under section 9801(b)(1) of this Act that experiences an increase in the plan that is to be offered on a nationwide the Internal Revenue Code of 1986. number of employees so that such employer basis. (2) EXCLUSION PERIOD.— has in excess of 100 employees, may not be (d) STANDARDS.—The minimum standards (A) IN GENERAL.—A preexisting condition excluded from participation solely as a re- prescribed for health benefits plans under exclusion under this subsection shall provide sult of such increase in employees. section 8902(e) of title 5, United States Code, for coverage of a preexisting condition to SEC. 3. HEALTH INSURANCE COVERAGE FOR and for carriers offering plans, shall apply to NON-FEDERAL EMPLOYEES. begin not later than 6 months after the date plans and carriers under this Act. Approval on which the coverage of the individual (a) ADMINISTRATION.—The Office shall ad- of a plan may be withdrawn by the Office minister a health insurance program for non- under a health benefits plan commences, re- only after notice and opportunity for hearing Federal employees and employers in accord- duced by 1 month for each month that the to the carrier concerned without regard to ance with this Act. individual was covered under a health insur- subchapter II of chapter 5 and chapter 7 of (b) REGULATIONS.—Except as provided ance plan immediately preceding the date under this Act, the Office shall prescribe reg- title 5, United States Code. the individual submitted an application for ulations to apply the provisions of chapter 89 (e) CONVERSION.— coverage under this Act. of title 5, United States Code, to the greatest (1) IN GENERAL.—A contract may not be (B) LAPSE IN COVERAGE.—For purposes of extent practicable to participating carriers, made or a plan approved under this section if this paragraph, a lapse in coverage of not employers, and employees covered under this the carrier under such contract or plan does more than 63 days immediately preceding Act. not offer to each enrollee whose enrollment the date of the submission of an application (c) LIMITATIONS.—In no event shall the en- in the plan is ended, except by a cancellation for coverage under this Act shall not be con- actment of this Act result in— of enrollment, a temporary extension of cov- sidered a lapse in continuous coverage. (1) any increase in the level of individual erage during which the individual may exer- (c) RATES AND PREMIUMS.— or Federal Government contributions re- cise the option to convert, without evidence (1) IN GENERAL.—Rates charged and pre- quired under chapter 89 of title 5, United of good health, to a nongroup contract pro- miums paid for a health benefits plan under States Code, including copayments or viding health benefits. An enrollee who exer- this Act— deductibles; cises this option shall pay the full periodic (A) shall be determined in accordance with (2) any decrease in the types of benefits of- charges of the nongroup contract. this subsection; fered under such chapter 89; or (2) NONCANCELLABLE.—The benefits and (B) may be annually adjusted and differ (3) any other change that would adversely coverage made available under paragraph (1) from such rates charged and premiums paid affect the coverage afforded under such chap- may not be canceled by the carrier except for for the same health benefits plan offered ter 89 to employees and annuitants and fraud, over-insurance, or nonpayment of under chapter 89 of title 5, United States members of family under that chapter. periodic charges. Code; (d) ENROLLMENT.—The Office shall develop (f) RATES.—Rates charged under health (C) shall be negotiated in the same manner methods to facilitate enrollment under this benefits plans under this Act shall reason- as rates and premiums are negotiated under Act, including the use of the Internet. ably and equitably reflect the cost of the such chapter 89; and (e) CONTRACTS FOR ADMINISTRATION.—The benefits provided. Such rates shall be deter- (D) shall be adjusted to cover the adminis- Office may enter into contracts for the per- mined on a basis which, in the judgment of trative costs of the Office under this Act. formance of appropriate administrative func- the Office, is consistent with the lowest (2) DETERMINATIONS.—In determining rates tions under this Act. schedule of basic rates generally charged for and premiums under this Act, the following (f) SEPARATE RISK POOL.—In the adminis- new group health benefits plans issued to provisions shall apply: tration of this Act, the Office shall ensure large employers. The rates determined for (A) IN GENERAL.—A carrier that enters into that covered employees under this Act are in the first contract term shall be continued for a contract under this Act shall determine a risk pool that is separate from the risk later contract terms, except that they may that amount of premiums to assess for cov- pool maintained for covered individuals be readjusted for any later term, based on erage under a health benefits plan based on under chapter 89 of title 5, United States past experience and benefit adjustments an community rate that may be annually ad- Code. under the later contract. Any readjustment justed—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4116 CONGRESSIONAL RECORD — SENATE April 21, 2005 (i) for the geographic area involved if the viding benefits under the health benefits fice to be paid for enrollees in the plan under adjustment is based on geographical divi- plan for the year involved and the portion of this Act for the calendar year involved; re- sions that are not smaller than a metropoli- such costs that is attributable to adminis- duced by tan statistical area; trative expenses. (ii) the amount of administrative expenses (ii) based on whether such coverage is for (3) ALLOWABLE COSTS DEFINED.—For pur- that the carrier estimates, and the Office ap- an individual, a married individual with no poses of this section, the term ‘‘allowable proves, will be incurred by the carrier with children, or a family; and costs’’ means, with respect to a health bene- respect to the plan for such calendar year. (iii) based on the age of covered individuals fits plan offered by a carrier under this Act, (B) SUBMISSION OF TARGET AMOUNT.—Not (subject to subparagraph (B)). for a year, the total amount of costs de- later than December 31, 2005, and each De- (B) AGE ADJUSTMENTS.— scribed in paragraph (2) for the plan and cember 31 thereafter through calendar year (i) IN GENERAL.—With respect to subpara- year, reduced by the portion of such costs at- 2009, a carrier shall submit to the Office a de- graph (A)(iii), in making adjustments based tributable to administrative expenses in- scription of the target amount for such car- on age, a carrier may not use age brackets in curred in providing the benefits described in rier with respect to health benefits plans increments that are smaller than 5 years, such paragraph. provided by the carrier under this Act. which begin not earlier than age 30 and end (b) ADJUSTMENT OF PAYMENT.— (c) DISCLOSURE OF INFORMATION.— not later than age 65. (1) NO ADJUSTMENT IF ALLOWABLE COSTS (1) IN GENERAL.—Each contract under this (ii) AGE 65 AND OLDER.—With respect to WITHIN 3 PERCENT OF TARGET AMOUNT.—If the Act shall provide— subparagraph (A)(iii), a carrier may develop allowable costs for the carrier with respect (A) that a carrier offering a health benefits separate rates for covered individuals who to the health benefits plan involved for a cal- plan under this Act shall provide the Office are 65 years of age or older for whom medi- endar year are at least 97 percent, but do not with such information as the Office deter- care is the primary payor for health benefits exceed 103 percent, of the target amount for mines is necessary to carry out this sub- coverage which is not covered under medi- the plan and year involved, there shall be no section including the notification of costs care. payment adjustment under this section for under subsection (a)(2) and the target the plan and year. (iii) LIMITATION.—In making an adjustment amount under subsection (b)(4)(B); and to premium rates under subparagraph (2) INCREASE IN PAYMENT IF ALLOWABLE (B) that the Office has the right to inspect (A)(iii), a carrier shall ensure that such ad- COSTS ABOVE 103 PERCENT OF TARGET and audit any books and records of the orga- AMOUNT.— justment does not result in an average pre- nization that pertain to the information re- (A) COSTS BETWEEN 103 AND 108 PERCENT OF mium rate applicable to enrollees under the garding costs provided to the Office under TARGET AMOUNT.—If the allowable costs for plan involved that is more than 200 percent such subsections. the carrier with respect to the health bene- of the lowest rate for all age groups. (2) RESTRICTION ON USE OF INFORMATION.— fits plan involved for the year are greater (d) TERMINATION AND REENROLLMENT.—If Information disclosed or obtained pursuant than 103 percent, but not greater than 108 an individual who is enrolled in a health ben- to the provisions of this subsection may be percent, of the target amount for the plan efits plan under this Act terminates the en- used by officers, employees, and contractors and year, the Office shall reimburse the car- rollment, the individual shall not be eligible of the Office only for the purposes of, and to rier for such excess costs through payment for reenrollment until the first open enroll- the extent necessary in, carrying out this to the carrier of an amount equal to 75 per- ment period following the expiration of 6 section. months after the date of such termination. cent of the difference between such allowable SEC. 8. ENCOURAGING PARTICIPATION BY CAR- (e) PREEMPTION.— costs and 103 percent of such target amount. RIERS THROUGH REINSURANCE. (1) HEALTH INSURANCE OR PLANS.— (B) COSTS ABOVE 108 PERCENT OF TARGET (a) ESTABLISHMENT.—The Office shall es- (A) IN GENERAL.—Except as provided in AMOUNT.—If the allowable costs for the car- tablish a reinsurance fund to provide pay- subparagraph (B), the terms of any contract rier with respect to the health benefits plan ments to carriers that experience one or entered into under this Act that relate to the involved for the year are greater than 108 more catastrophic claims during a year for nature, provision, or extent of coverage or percent of the target amount for the plan health benefits provided to individuals en- benefits shall supersede and preempt any and year, the Office shall reimburse the car- rolled in a health benefits plan under this State or local law, or any regulation issued rier for such excess costs through payment Act. thereunder, which relates to the nature, pro- to the carrier in an amount equal to the sum vision, or extent of coverage or benefits. of— (b) ELIGIBILITY FOR PAYMENTS.—To be eli- gible for a payment from the reinsurance (B) LOCAL PLANS.—With respect to a con- (i) 3.75 percent of such target amount; and tract entered into under this Act under (ii) 90 percent of the difference between fund for a plan year, a carrier under this Act which a carrier will offer health benefits such allowable costs and 108 percent of such shall submit to the Office an application plan coverage in a limited geographic area, target amount. that contains— subparagraph (A) shall not apply to the ex- (3) REDUCTION IN PAYMENT IF ALLOWABLE (1) a certification by the carrier that the tent that a mandated benefit law is in effect COSTS BELOW 97 PERCENT OF TARGET AMOUNT.— carrier paid for at least one episode of care in the State in which the plan is offered. (A) COSTS BETWEEN 92 AND 97 PERCENT OF during the year for covered health benefits Such mandated benefit law shall continue to TARGET AMOUNT.—If the allowable costs for for an individual in an amount that is in ex- apply to such health benefits plan. the carrier with respect to the health bene- cess of $50,000; and fits plan involved for the year are less than (2) such other information determined ap- (C) RATING RULES.—The rating require- ments under subsection (c)(2) shall supercede 97 percent, but greater than or equal to 92 propriate by the Office. State rating rules for qualified plans under percent, of the target amount for the plan (c) PAYMENT.— this Act. and year, the carrier shall be required to pay (1) IN GENERAL.—The amount of a payment into the contingency reserve fund main- from the reinsurance fund to a carrier under (2) LIMITATION.—Nothing in this subsection shall be construed to preempt— tained under section 8909(b)(2) of title 5, this section for a catastrophic episode of (A) any State or local law or regulation ex- United States Code, an amount equal to 75 care shall be determined by the Office but cept those laws and regulations described in percent of the difference between 97 percent shall not exceed an amount equal to 80 per- subparagraphs (A) and (C) of paragraph (1); of the target amount and such allowable cent of the applicable catastrophic claim and costs. amount. (B) State network adequacy laws. (B) COSTS BELOW 92 PERCENT OF TARGET (2) APPLICABLE CATASTROPHIC CLAIM (f) RULE OF CONSTRUCTION.—Nothing in this AMOUNT.—If the allowable costs for the car- AMOUNT.—For purposes of paragraph (1), the Act shall be construed to limit the applica- rier with respect to the health benefits plan applicable catastrophic episode of care tion of the service-charge system used by the involved for the year are less than 92 percent amount shall be equal to the difference be- Office for determining profits for partici- of the target amount for the plan and year, tween— pating carriers under chapter 89 of title 5, the carrier shall be required to pay into the (A) the amount of the catastrophic claim; United States Code. stabilization fund under section 8909(b)(2) of and SEC. 7. ENCOURAGING PARTICIPATION BY CAR- title 5, United States Code, an amount equal (B) $50,000. RIERS THROUGH ADJUSTMENTS to the sum of— (3) LIMITATION.—In determining the FOR RISK. (i) 3.75 percent of such target amount; and amount of a payment under paragraph (1), if (a) APPLICATION OF RISK CORRIDORS.— (ii) 90 percent of the difference between 92 the amount of the catastrophic claim ex- (1) IN GENERAL.—This section shall only percent of such target amount and such al- ceeds the amount that would be paid for the apply to carriers with respect to health bene- lowable costs. healthcare items or services involved under fits plans offered under this Act during any (4) TARGET AMOUNT DESCRIBED.— title XVIII of the Social Security Act (42 of calendar years 2006 through 2010. (A) IN GENERAL.—For purposes of this sub- U.S.C. 1395 et seq.), the Office shall use the (2) NOTIFICATION OF COSTS UNDER THE section, the term ‘‘target amount’’ means, amount that would be paid under such title PLAN.—In the case of a carrier that offers a with respect to a health benefits plan offered XVIII for purposes of paragraph (2)(A). health benefits plan under this Act in any of by a carrier under this Act in any of cal- (d) DEFINITION.—In this section, the term calendar years 2006 through 2010, the carrier endar years 2006 through 2010, an amount ‘‘catastrophic claim’’ means a claim sub- shall notify the Office, before such date in equal to— mitted to a carrier, by or on behalf of an en- the succeeding year as the Office specifies, of (i) the total of the monthly premiums esti- rollee in a health benefits plan under this the total amount of costs incurred in pro- mated by the carrier and approved by the Of- Act, that is in excess of $50,000.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4117

SEC. 9. CONTINGENCY RESERVE FUND. (2) REQUIREMENT.—No contract shall be en- SEC. 14. APPROPRIATIONS. Beginning on October 1, 2010, the Office tered into with any entity under this section (a) MANDATORY APPROPRIATIONS.—There may use amounts appropriated under section unless the Office finds that such entity will are authorized to be appropriated, and there 14(a) that remain unobligated to establish a perform its obligations under the contract are appropriated, to carry out sections 7 and contingency reserve fund to provide assist- efficiently and effectively and will meet such 8— ance to carriers offering health benefits requirements as to financial responsibility, (1) $4,000,000,000 for fiscal year 2006; plans under this Act that experience unan- legal authority, and other matters as the Of- (2) $4,000,000,000 for fiscal year 2007; ticipated financial hardships (as determined fice finds pertinent. (3) $4,000,000,000 for fiscal year 2008; by the Office). (3) PUBLICATION OF STANDARDS AND CRI- (4) $3,000,000,000 for fiscal year 2009; and SEC. 10. EMPLOYER PARTICIPATION. TERIA.—The Office shall publish in the Fed- (5) $3,000,000,000 for fiscal year 2010. (a) REGULATIONS.—The Office shall pre- eral Register standards and criteria for the (b) OTHER APPROPRIATIONS.—There are au- scribe regulations providing for employer efficient and effective performance of con- thorized to be appropriated to the Office, participation under this Act, including the tract obligations under this section, and op- such sums as may be necessary in each fiscal offering of health benefits plans under this portunity shall be provided for public com- year for the development and administration Act to employees. ment prior to implementation. In estab- of the program under this Act. (b) ENROLLMENT AND OFFERING OF OTHER lishing such standards and criteria, the Of- SEC. 15. REFUNDABLE CREDIT FOR SMALL BUSI- COVERAGE.— fice shall provide for a system to measure an NESS EMPLOYEE HEALTH INSUR- (1) ENROLLMENT.—A participating em- entity’s performance of responsibilities. ANCE EXPENSES. (a) IN GENERAL.—Subpart C of part IV of ployer shall ensure that each eligible em- (4) TERM.—Each contract under this sec- subchapter A of chapter 1 of the Internal ployee has an opportunity to enroll in a plan tion shall be for a term of at least 1 year, and Revenue Code of 1986 (relating to refundable under this Act. may be made automatically renewable from credits) is amended by redesignating section (2) PROHIBITION ON OFFERING OTHER COM- term to term in the absence of notice by ei- 36 as section 37 and inserting after section 35 PREHENSIVE HEALTH BENEFIT COVERAGE.—A ther party of intention to terminate at the the following new section: participating employer may not offer a end of the current term, except that the Of- health insurance plan providing comprehen- fice may terminate any such contract at any ‘‘SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. sive health benefit coverage to employees time (after such reasonable notice and op- ‘‘(a) DETERMINATION OF AMOUNT.—In the other than a health benefits plan that— portunity for hearing to the entity involved case of a qualified small employer, there (A) meets the requirements described in as the Office may provide in regulations) if shall be allowed as a credit against the tax section 4(a); and the Office finds that the entity has failed imposed by this subtitle for the taxable year (B) is offered only through the enrollment substantially to carry out the contract or is an amount equal to the sum of— process established by the Office under sec- carrying out the contract in a manner incon- ‘‘(1) the expense amount described in sub- tion 3. sistent with the efficient and effective ad- section (b), and (3) OFFER OF SUPPLEMENTAL COVERAGE OP- ministration of the program established by ‘‘(2) the expense amount described in sub- TIONS.— this Act. section (c), paid by the taxpayer during the (A) IN GENERAL.—A participating employer (d) TERMS OF CONTRACT.—A contract en- taxable year. may offer supplementary coverage options to tered into under this section shall include— employees. ‘‘(b) SUBSECTION (b) EXPENSE AMOUNT.—For (1) a description of the duties of the con- purposes of this section— (B) DEFINITION.—In subparagraph (A), the tracting entity; ‘‘(1) IN GENERAL.—The expense amount de- term ‘‘supplementary coverage’’ means bene- (2) an assurance that the entity will fur- fits described as ‘‘excepted benefits’’ under scribed in this subsection is the applicable nish to the Office such timely information percentage of the amount of qualified em- section 2791(c) of the Public Health Service and reports as the Office determines appro- Act (42 U.S.C. 300gg-91(c)). ployee health insurance expenses of each priate; qualified employee. (c) RULE OF CONSTRUCTION.—Except as pro- (3) an assurance that the entity will main- vided in section 15, nothing in this Act shall ‘‘(2) APPLICABLE PERCENTAGE.—For pur- tain such records and afford such access poses of paragraph (1)— be construed to require that an employer thereto as the Office finds necessary to as- ‘‘(A) IN GENERAL.—The applicable percent- make premium contributions on behalf of sure the correctness and verification of the employees. age is equal to— information and reports under paragraph (2) ‘‘(i) 25 percent in the case of self-only cov- SEC. 11. ADMINISTRATION THROUGH REGIONAL and otherwise to carry out the purposes of ADMINISTRATIVE ENTITIES. erage, this Act; (a) IN GENERAL.—In order to provide for ‘‘(ii) 35 percent in the case of family cov- (4) an assurance that the entity shall com- the administration of the benefits under this erage (as defined in section 220(c)(5)), and ply with such confidentiality and privacy Act with maximum efficiency and conven- ‘‘(iii) 30 percent in the case of coverage for protection guidelines and procedures as the ience for participating employers and health married adults with no children. Office may require; and care providers and other individuals and en- ‘‘(B) BONUS FOR PAYMENT OF GREATER PER- (5) such other terms and conditions not in- tities providing services to such employers, CENTAGE OF PREMIUMS.—The applicable per- consistent with this section as the Office the Office is authorized to enter into con- centage otherwise specified in subparagraph may find necessary or appropriate. tracts with eligible entities to perform, on a (A) shall be increased by 5 percentage points regional basis, one or more of the following: SEC. 12. COORDINATION WITH SOCIAL SECURITY for each additional 10 percent of the quali- (1) Collect and maintain all information BENEFITS. fied employee health insurance expenses of relating to individuals, families, and employ- Benefits under this Act shall, with respect each qualified employee exceeding 60 percent ers participating in the program under this to an individual who is entitled to benefits which are paid by the qualified small em- Act in the region served. under part A of title XVIII of the Social Se- ployer. (2) Receive, disburse, and account for pay- curity Act, be offered (for use in coordina- ‘‘(c) SUBSECTION (c) EXPENSE AMOUNT.—For ments of premiums to participating employ- tion with those medicare benefits) to the purposes of this section— ers by individuals in the region served, and same extent and in the same manner as if ‘‘(1) IN GENERAL.—The expense amount de- for payments by participating employers to coverage were under chapter 89 of title 5, scribed in this subsection is, with respect to carriers. United States Code. the first credit year of a qualified small em- (3) Serve as a channel of communication SEC. 13. PUBLIC EDUCATION CAMPAIGN. ployer which is an eligible employer, 10 per- between carriers, participating employers, (a) IN GENERAL.—In carrying out this Act, cent of the qualified employee health insur- and individuals relating to the administra- the Office shall develop and implement an ance expenses of each qualified employee. tion of this Act. educational campaign to provide informa- ‘‘(2) FIRST CREDIT YEAR.—For purposes of (4) Otherwise carry out such activities for tion to employers and the general public paragraph (1), the term ‘first credit year’ the administration of this Act, in such man- concerning the health insurance program de- means the taxable year which includes the ner, as may be provided for in the contract veloped under this Act. date that the health insurance coverage to entered into under this section. (b) ANNUAL PROGRESS REPORTS.—Not later which the qualified employee health insur- (5) The processing of grievances and ap- than 1 year and 2 years after the implemen- ance expenses relate becomes effective. peals. tation of the campaign under subsection (a), ‘‘(3) ELIGIBLE EMPLOYER.—For purposes of (b) APPLICATION.—To be eligible to receive the Office shall submit to the appropriate paragraph (1), the term ‘eligible employer’ a contract under subsection (a), an entity committees of Congress a report that de- shall not include a qualified small employer shall prepare and submit to the Office an ap- scribes the activities of the Office under sub- if, during the 3-taxable year period imme- plication at such time, in such manner, and section (a), including a determination by the diately preceding the first credit year, the containing such information as the Office office of the percentage of employers with employer or any member of any controlled may require. knowledge of the health benefits programs group including the employer (or any prede- (c) PROCESS.— provided for under this Act. cessor of either) established or maintained (1) COMPETITIVE BIDDING.—All contracts (c) PUBLIC EDUCATION CAMPAIGN.—There is health insurance coverage for substantially under this section shall be awarded through authorized to be appropriated to carry out the same employees as are the qualified em- a competitive bidding process on a bi-annual this section, such sums as may be necessary ployees to which the qualified employee basis. for each of fiscal years 2006 and 2007. health insurance expenses relate.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4118 CONGRESSIONAL RECORD — SENATE April 21, 2005 ‘‘(d) LIMITATION BASED ON WAGES.— striking the last item and inserting the fol- tures were changed to automatically ‘‘(1) IN GENERAL.—The percentage which lowing new items: enroll its employees. Clearly the first would (but for this subsection) be taken into ‘‘Sec. 36 Small business employee health in- step towards increasing our national account as the percentage for purposes of surance expenses savings rate is to get more people sav- subsection (b)(2) or (c)(1) for the taxable year ‘‘Sec. 37 Overpayments of tax’’. ing. shall be reduced (but not below zero) by the (c) EFFECTIVE DATE.—The amendments percentage determined under paragraph (2). made by this section shall apply to amounts Obviously the second step is to get ‘‘(2) AMOUNT OF REDUCTION.— paid or incurred in taxable years beginning those who are saving to set aside even ‘‘(A) IN GENERAL.—The percentage deter- after December 31, 2005. more for their retirement years. For mined under this paragraph is the percent- SEC. 16. EFFECTIVE DATE. this reason, the legislation would en- age which bears the same ratio to the per- Except as provided in section 10(e), this courage plans to add a feature that in- centage which would be so taken into ac- Act shall take effect on the date of enact- count as— creases employees’ contributions annu- ment of this Act and shall apply to contracts ‘‘(i) the excess of— ally until it reaches at least 10 percent that take effect with respect to calendar ‘‘(I) the qualified employee’s wages at an of the employees’ compensation. Again, year 2006 and each calendar year thereafter. annual rate during such taxable year, over studies have repeatedly demonstrated ‘‘(II) $25,000, bears to By Mr. BINGAMAN (for himself, that people are more likely to agree to ‘‘(ii) $5,000. NOWE IEBERMAN save more in the future than they cur- ‘‘(B) ANNUAL ADJUSTMENT.—For each tax- Ms. S , Mr. L , and Mr. OBAMA): rently do. It has also been dem- able year after 2006, the dollar amounts spec- onstrated that people are more likely ified for the preceding taxable year (after the S. 875. A bill to amend the Internal application of this subparagraph) shall be in- Revenue Code of 1986 and the Employee to agree to save more in the future if creased by the same percentage as the aver- Retirement Income Security Act of they make the decision today and do age percentage increase in premiums under 1974 to increase participation in section not wait until future years to make the Federal Employees Health Benefits Pro- 401(k) plans through automatic con- that decision. In our legislation, the gram under chapter 89 of title 5, United tribution trusts, and for other pur- employee can stop a future increase or States Code for the calendar year in which poses; to the Committee on Finance. change the contribution rate. The em- such taxable year begins over the preceding ployer has the discretion to tie these calendar year. Mr. BINGAMAN. Mr. President, I rise today to introduce the Save More for automatic increases to either an an- ‘‘(e) DEFINITIONS.—For purposes of this sec- nual increase or to increases in salary tion— Retirement Act of 2005 with my col- or compensation. This is closely mod- ‘‘(1) QUALIFIED SMALL EMPLOYER.—The leagues Senator SNOWE, Senator LIE- term ‘qualified small employer’ means any BERMAN and Senator OBAMA. This legis- eled on the Save More Tomorrow, employer (as defined in section 2(b)(2) of the lation is designed to achieve two im- SMarT, plan advocated by Shlomo Small Employers Health Benefits Program portant savings goals. First, it will en- Benartzi from UCLA and Richard Act of 2005) which— courage workers who are not currently Thaler from the University of Chicago. ‘‘(A) is a participating employer (as de- These behavioral finance experts claim fined in section 2(b)(5) of such Act), and participating in their employer’s re- tirement plan to do so. Second, it will that although participants in this plan ‘‘(B) pays or incurs at least 60 percent of may start saving at a lower rate—3.5 the qualified employee health insurance ex- encourage workers who are currently penses of each qualified employee. investing in 40l(k) plans to save even percent—than the average, within 4 ‘‘(2) QUALIFIED EMPLOYEE HEALTH INSUR- more. At a time when national savings years increases averaged 13.6 percent— ANCE EXPENSES.— is at a near all-time low, Congress a greater than 10 percent increase. ‘‘(A) IN GENERAL.—The term ‘qualified em- needs to look at ways to expand retire- Compared to the control group saving ployee health insurance expenses’ means any rate of slightly more than 8 percent of amount paid by an employer for health in- ment savings, particularly savings gar- nered through an employer-provided their compensation, the end result is surance coverage under such Act to the ex- quite extraordinary. tent such amount is attributable to coverage retirement plan. This legislation is a provided to any employee while such em- commonsense approach that is based To encourage employers to make ployee is a qualified employee. on research undertaken and compiled these two changes to the plan, the leg- ‘‘(B) EXCEPTION FOR AMOUNTS PAID UNDER by a host of retirement policy experts islation creates a new safe harbor that, SALARY REDUCTION ARRANGEMENTS.—No from both academia and business. It is if all the criteria are met, treats the amount paid or incurred for health insurance imperative that the Congress continues plan as being nondiscriminatory. In coverage pursuant to a salary reduction ar- to look for new and innovative ways to order to qualify for the safe harbor, the rangement shall be taken into account under employer must provide either a non- subparagraph (A). help workers save for their retirement ‘‘(3) QUALIFIED EMPLOYEE.— through the existing employer-pro- elective match of 3 percent of the em- ‘‘(A) IN GENERAL.—The term ‘qualified em- vided plan system. This legislation ac- ployee’s compensation or an elective ployee’ means, with respect to any period, an complishes that goal by creating incen- match of 50 percent of the first 7 per- employee (as defined in section 2(b)(1) of tives for employers to modify their ex- cent of the employee’s compensation. such Act) of an employer if the total amount isting plans to add features that have These criteria can be met also if the of wages paid or incurred by such employer been proven to increase savings. employer contributes a comparable to such employee at an annual rate during The first step is to encourage em- amount to another qualified plan for the taxable year exceeds $5,000. the same employees. The employer ‘‘(B) WAGES.—The term ‘wages’ has the ployers to add a feature to its 40l(k) or meaning given such term by section 3121(a) similar plans to enroll its employees in must also allow its contributions to (determined without regard to any dollar the plan upon being hired unless the vest in either 2 years, if the employer limitation contained in such section). employee notifies the employer that he enrolls the employees in its pension ‘‘(f) CERTAIN RULES MADE APPLICABLE.— or she does not want to participate in plan before the employees’ first pay- For purposes of this section, rules similar to the plan. The decision to participate check, or in 1 year if the employer en- the rules of section 52 shall apply. still rests entirely with the employees, rolls the employees within the first ‘‘(g) CREDITS FOR NONPROFIT ORGANIZA- as they can opt out before participa- quarter of being hired. It is important TIONS.—Any credit which would be allowable tion begins or at any time afterward. to note that both of these vesting peri- under subsection (a) with respect to a quali- ods are shorter than current law allows fied small business if such qualified small Although some employers do offer business were not exempt from tax under these types of plans now, most main- and are comparable to what employers this chapter shall be treated as a credit al- tain a more traditional structure under can do under the existing safe harbor. lowable under this subpart to such qualified which the employee must opt into par- Finally, in an effort to help ensure small business.’’. ticipating. Studies have indicated that employees are invested wisely, the leg- (b) CONFORMING AMENDMENTS.— such a seemingly minor change in how islation directs the Department of (1) Paragraph (2) of section 1324(b) of title employees are enrolled can dramati- Labor to provide guidance for employ- 31, United States Code, is amended by insert- cally increase participation rates. It ers in selecting ‘‘default’’ investments ing before the period ‘‘, or from section 36 of such Code’’. has been reported that one large com- so that employers have options besides (2) The table of sections for subpart C of pany experienced an increase in em- money market accounts and invest- part IV of subchapter A of chapter 1 of the ployee participation in their retire- ment contracts. A default investment Internal Revenue Code of 1986 is amended by ment plan of 50 percent once the fea- is the investment that is made when

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4119 employees fail to indicate how they made under clause (i), and such clause shall period before any year (or if the plan elects would like their retirement savings in- cease to apply to compensation paid on or to change the applicable percentage after vested. Due to liability concerns, re- after the effective date of the election. any increase in compensation, before the in- tirement plans tend to invest these ‘‘(iv) APPLICABLE PERCENTAGE.—For pur- crease), given notice of the employee’s rights poses of this subparagraph— and obligations under the arrangement. funds in either investment contracts or ‘‘(I) IN GENERAL.—The term ‘applicable per- The requirements of clauses (i) and (ii) of money market accounts. The benefit of centage’ means, with respect to any em- paragraph (12)(D) shall be met with respect compounding interest that would occur ployee, the percentage (not less than 3 per- to the notices described in clauses (ii) and with even modest returns in broad- cent) determined under the arrangement. (iii) of this subparagraph. based funds that have an equity compo- ‘‘(II) INCREASE IN PERCENTAGE.—In the case ‘‘(E) PARTICIPATION, WITHDRAWAL, AND nent is lost. This guidance will not of the second plan year beginning after the VESTING REQUIREMENTS.—The requirements allow employers to make default in- first date on which the election under clause of this subparagraph are met if— (i)(I) is in effect with respect to the em- ‘‘(i) the arrangement requires that each vestment decisions that are risky or ployee and any succeeding plan year, the ap- put the employee’s retirement at risk. employee eligible to participate in the ar- plicable percentage shall be a percentage rangement (determined without regard to It is important to note that the em- (not greater than 10 percent or such higher any minimum service requirement otherwise ployee always retains the ability to in- percentage specified by the plan) equal to applicable under section 410(a) or the plan) vest the funds differently in other in- the sum of the applicable percentage for the commences participation in the arrangement employee as of the close of the preceding vestment options offered by the plan if no later than the 1st day of the 1st calendar plan year plus 1 percentage point (or such they do not like the default investment quarter following the date on which em- higher percentage specified by the plan). A ployee first becomes so eligible, offered by the employer. plan may elect to provide that, in lieu of any ‘‘(ii) the withdrawal requirements of para- I thank all of those who have done increase under the preceding sentence, the graph (2)(B) are met with respect to all em- considerable research into the impact increase in the applicable percentage re- ployer contributions (including matching of human behavior on savings, which quired under this subclause shall occur after and elective contributions) taken into ac- was quite instrumental to the drafting each increase in compensation an employee receives on or after the first day of such sec- count in determining whether the arrange- of this legislation. I look forward to ment meets the requirements of subpara- continuing to work with them and oth- ond plan year and that the applicable per- centage after each such increase in com- graph (C), and ers interested in this new approach to pensation shall be equal to the applicable ‘‘(iii) the arrangement requires that an em- addressing our Nation’s savings prob- percentage for the employee immediately be- ployee’s right to the accrued benefit derived lems. fore such increase in compensation plus 1 from employer contributions described in I ask unanimous consent that the percentage point (or such higher percentage clause (ii) (other than elective contributions) text of the bill be printed in the specified by the plan). is nonforfeitable after the employee has completed— RECORD. ‘‘(C) MATCHING OR NONELECTIVE CONTRIBU- TIONS.— ‘‘(I) at least 1 year of service, or S. 875 ‘‘(i) IN GENERAL.—The requirements of this ‘‘(II) in the case of an employee who is eli- Be it enacted by the Senate and House of Rep- subparagraph are met if, under the arrange- gible to participate in the arrangement as of resentatives of the United States of America in ment, the employer— the first day on which the employee begins Congress assembled, ‘‘(I) makes matching contributions on be- employment with the employer maintaining SECTION 1. SHORT TITLE. half of each employee who is not a highly the arrangement, at least 2 years of service. This Act may be cited as the ‘‘Save More compensated employee in an amount equal ‘‘(F) CERTAIN WITHDRAWALS MUST BE AL- for Retirement Act of 2005’’. to 50 percent of the elective contributions of LOWED.— SEC. 2. INCREASING PARTICIPATION IN CASH OR the employee to the extent such elective ‘‘(i) IN GENERAL.—Notwithstanding any DEFERRED PLANS THROUGH AUTO- contributions do not exceed 7 percent of other provision of this subsection, the re- MATIC CONTRIBUTION ARRANGE- compensation; or quirements of this subparagraph are met if MENTS. ‘‘(II) is required, without regard to whether the arrangement allows employees to elect (a) IN GENERAL.—Section 401(k) of the In- the employee makes an elective contribution to withdraw elective contributions described ternal Revenue Code of 1986 (relating to cash or employee contribution, to make a con- in subparagraph (B)(i) (and earnings attrib- or deferred arrangement) is amended by add- tribution to a defined contribution plan on utable thereto) from the cash or deferred ar- ing at the end the following new paragraph: behalf of each employee who is not a highly rangement in accordance with the provisions ‘‘(13) NONDISCRIMINATION REQUIREMENTS FOR compensated employee and who is eligible to of this subparagraph. AUTOMATIC CONTRIBUTION TRUSTS.— participate in the arrangement in an amount ‘‘(ii) TIME FOR MAKING ELECTION.—Clause (i) ‘‘(A) IN GENERAL.—A cash or deferred ar- equal to at least 3 percent of the employee’s shall not apply to an election by an em- rangement shall be treated as meeting the compensation, ployee unless the election is made no later requirements of paragraph (3)(A)(ii) if such The rules of clauses (ii) and (iii) of paragraph than the close of the latest of the following arrangement constitutes an automatic con- (12)(B) shall apply for purposes of subclause payroll periods occurring after the first pay- tribution trust. (I). The rules of paragraph (12)(E)(ii) shall roll period to which the automatic enroll- ‘‘(B) AUTOMATIC CONTRIBUTION TRUST.— apply for purposes of subclauses (I) and (II). ment system applies to the employee: ‘‘(i) IN GENERAL.—For purposes of this ‘‘(ii) OTHER PLANS.—An arrangement shall ‘‘(I) The payroll period in which the aggre- paragraph, the term ‘automatic contribution be treated as meeting the requirements gate elective contributions made under sub- trust’ means an arrangement— under clause (i) if any other plan maintained paragraph (B)(i) first exceed $500. ‘‘(I) except as provided in clauses (ii) and by the employer meets such requirements ‘‘(II) The second payroll period following (iii), under which each employee eligible to with respect to employees eligible under the such first payroll period. participate in the arrangement is treated as arrangement. ‘‘(III) The first payroll period which begins having elected to have the employer make ‘‘(D) NOTICE REQUIREMENTS.— at least one month after the close of the first elective contributions in an amount equal to ‘‘(i) IN GENERAL.—The requirements of this payroll period to which the automatic en- the applicable percentage of the employee’s subparagraph are met if the requirements of rollment system applies. compensation, and clauses (ii) and (iii) are met. ‘‘(iii) AMOUNT OF DISTRIBUTION.—Clause (i) ‘‘(II) which meets the requirements of sub- ‘‘(ii) REASONABLE PERIOD TO MAKE ELEC- shall not apply to any election by an em- paragraphs (C), (D), (E), and (F). TION.—The requirements of this clause are ployee unless the amount of any distribution ‘‘(ii) EXCEPTION FOR EXISTING EMPLOYEES.— met if each employee to whom subparagraph by reason of the election is equal to the In the case of any employee— (B)(i) applies— amount of elective contributions made with ‘‘(I) who was eligible to participate in the ‘‘(I) receives a notice explaining the em- respect to the first payroll period to which arrangement (or a predecessor arrangement) ployee’s right under the arrangement to the automatic enrollment system applies to immediately before the first date on which elect not to have elective contributions the employee and any succeeding payroll pe- the arrangement is an automatic contribu- made on the employee’s behalf, and how con- riod beginning before the effective date of tion trust, and tributions made under the arrangement will the election (and earnings attributable ‘‘(II) whose rate of contribution imme- be invested in the absence of any investment thereto). diately before such first date was less than election by the employee, and ‘‘(iv) TREATMENT OF DISTRIBUTION.—In the the applicable percentage for the employee, ‘‘(II) has a reasonable period of time after case of any distribution to an employee pur- clause (i)(I) shall not apply to such employee receipt of such notice and before the first suant to an election under clause (i)— until the date which is 1 year after such first elective contribution is made to make such ‘‘(I) the amount of such distribution shall date (or such earlier date as the employee election. be includible in the gross income of the em- may elect). ‘‘(iii) ANNUAL NOTICE OF RIGHTS AND OBLIGA- ployee for the taxable year of the employee ‘‘(iii) ELECTION OUT.—Each employee eligi- TIONS.—The requirements of this clause are in which the distribution is made, and ble to participate in the arrangement may met if each employee eligible to participate ‘‘(II) no tax shall be imposed under section specifically elect not to have contributions in the arrangement is, within a reasonable 72(t) with respect to the distribution.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4120 CONGRESSIONAL RECORD — SENATE April 21, 2005

‘‘(v) EMPLOYER MATCHING CONTRIBUTIONS.— ‘‘(2) ELIGIBLE AUTOMATIC CONTRIBUTION AR- ignating default investments that include a In the case of any distribution to an em- RANGEMENT.—For purposes of this sub- mix of asset classes consistent with long- ployee by reason of an election under clause section, the term ‘eligible automatic con- term capital appreciation. (i), employer matching contributions shall tribution arrangement’ means an arrange- ‘‘(B) NOTICE REQUIREMENTS.— be forfeited or subject to such other treat- ment— ‘‘(i) IN GENERAL.—The requirements of this ment as the Secretary may prescribe.’’ ‘‘(A) under which a participant may elect subparagraph are met if each participant— (b) MATCHING CONTRIBUTIONS.—Section to have the employer make payments as con- ‘‘(I) receives, within a reasonable period of 401(m) of the Internal Revenue Code of 1986 tributions under the plan on behalf of the time before each plan year, a notice explain- (relating to nondiscrimination test for participant, or to the participant directly in ing the employee’s right under the plan to matching contributions and employee con- cash, designate how contributions and earnings tributions) is amended by redesignating ‘‘(B) under which the participant is treated will be invested and explaining how, in the paragraph (12) as paragraph (13) and by in- as having elected to have the employer make absence of any investment election by the serting after paragraph (11) the following such contributions in an amount equal to a participant, such contributions and earnings new paragraph: uniform percentage of compensation pro- will be invested, and ‘‘(12) ALTERNATE METHOD FOR AUTOMATIC vided under the plan until the participant ‘‘(II) has a reasonable period of time after CONTRIBUTION TRUSTS.—A defined contribu- specifically elects not to have such contribu- receipt of such notice and before the begin- tion plan shall be treated as meeting the re- tions made (or specifically elects to have ning of the plan year to make such designa- quirements of paragraph (2) with respect to such contributions made at a different per- tion. matching contributions if the plan— centage), ‘‘(ii) FORM OF NOTICE.—The requirements of ‘‘(A) meets the contribution requirements ‘‘(C) under which contributions described clauses (i) and (ii) of section 401(k)(12)(D) of of subparagraphs (B)(i) and (C) of subsection in subparagraph (B) are invested in accord- the Internal Revenue Code of 1986 shall be (k)(13); ance with regulations prescribed by the Sec- met with respect to the notices described in ‘‘(B) meets the notice requirements of sub- retary under section 404(c)(4), and this subparagraph.’’ paragraph (D) of subsection (k)(13); and ‘‘(D) which meets the requirements of (b) EFFECTIVE DATE.— ‘‘(C) meets the requirements of paragraph paragraph (3). (1) IN GENERAL.—The amendments made by (11)(B) (ii) and (iii).’’. ‘‘(3) NOTICE REQUIREMENTS.— this section shall apply to plan years begin- (c) EXCLUSION FROM DEFINITION OF TOP- ‘‘(A) IN GENERAL.—The administrator of an ning after December 31, 2005. HEAVY PLANS.— individual account plan shall, within a rea- (2) REGULATIONS.—Final regulations under (1) ELECTIVE CONTRIBUTION RULE.—Clause sonable period before each plan year, give to section 404(c)(4)(A) of the Employee Retire- (i) of section 416(g)(4)(H) of the Internal Rev- each employee to whom an arrangement de- ment Income Security Act of 1974 (as added enue Code of 1986 is amended by inserting scribed in paragraph (2) applies for such plan ‘‘or 401(k)(13)’’ after ‘‘section 401(k)(12)’’. by this section) shall be issued no later than year notice of the employee’s rights and obli- 6 months after the date of the enactment of (2) MATCHING CONTRIBUTION RULE.—Clause gations under the arrangement which— (ii) of section 416(g)(4)(H) of such Code is this Act. ‘‘(i) is sufficiently accurate and com- amended by inserting ‘‘or 401(m)(12)’’ after prehensive to apprise the employee of such ‘‘section 401(m)(11)’’. By Mr. HATCH (for himself, Mrs. rights and obligations, and (d) DEFINITION OF COMPENSATION.— FEINSTEIN, Mr. SPECTER, Mr. ‘‘(ii) is written in a manner calculated to (1) BASE PAY OR RATE OF PAY.—The Sec- KENNEDY, and Mr. HARKIN): retary of the Treasury shall, no later than be understood by the average employee to S. 876. A bill to prohibit human December 31, 2006, modify Treasury Regula- whom the arrangement applies. cloning and protect stem cell research; ‘‘(B) TIME AND FORM OF NOTICE.—A notice tion section 1.414(s)–1(d)(3) to facilitate the to the Committee on the Judiciary. use of the safe harbors in sections 401(k)(12), shall not be treated as meeting the require- ments of subparagraph (A) with respect to an There being no objection, the text of 401(k)(13), 401(m)(11), and 401(m)(12) of the In- the bill was ordered to be printed in ternal Revenue Code of 1986, and in Treasury employee unless— Regulation section 1.401(a)(4)–3(b), by plans ‘‘(i) the notice includes a notice explaining the RECORD, as follows: that use base pay or rate of pay in deter- the employee’s right under the arrangement Mr. HATCH. Mr. President, I am very mining contributions or benefits. Such modi- to elect not to have elective contributions pleased to join with Senators FEIN- fications shall include increased flexibility made on the employee’s behalf (or to elect to STEIN, SPECTER, KENNEDY, and HARKIN in satisfying section 414(s) of such Code in have such contributions made at a different to introduce the Human Cloning Ban any case where the amount of overtime com- percentage), and Stem Cell Research Protection Act pensation payable in a year can vary signifi- ‘‘(ii) the employee has a reasonable period of time after receipt of the notice described of 2005. This bill could help usher in the cantly. next great era of medical treatment. (2) APPLICATION OF REQUIREMENTS TO SEPA- in clause (i) and before the first elective con- RATE PAYROLL PERIODS.—Not later than De- tribution is made to make such election, and At the same time, it will criminalize cember 31, 2006, the Secretary of the Treas- ‘‘(iii) the notice explains how contributions the offensive practice of reproductive ury shall issue rules under subparagraphs made under the arrangement will be invested cloning. (B)(i) and (C)(i) of section 401(k)(13) of such in the absence of any investment election by If you remember when Jonas Salk Code and under clause (i) of section the employee.’’. discovered the polio vaccine, you will 401(m)(12)(A) of such Code that, effective for (g) EFFECTIVE DATE.— recall what a revolutionary step that plan years beginning after December 31, 2006, (1) IN GENERAL.—Except as provided by paragraph (2), the amendments made by this was, to be able to stop ravaging dis- permit such requirements to be applied sepa- eases before they hit their victims. It rately to separate payroll periods based on section shall apply to plan years beginning rules similar to the rules described in Treas- after December 31, 2005. led to a whole new way of practicing ury Regulation sections 1.401(k)–3(c)(5)(ii) (2) SECTION 403(b) CONTRACTS.—The amend- medicine and paved the way for the and 1.401(m)–3(d)(4). ments made by subsection (e) shall apply to vaccines and treatments that we take (e) SECTION 403(b) CONTRACTS.—Paragraph years ending after the date of the enactment for granted today. (11) of section 401(m) of the Internal Revenue of this Act. I believe we are on the verge of a Code of 1986 is amended by adding at the end SEC. 3. TREATMENT OF INVESTMENT OF ASSETS similar step, a new generation in med- BY PLAN WHERE PARTICIPANT the following: ical research and treatment, thanks to ‘‘(C) SECTION 403(b) CONTRACTS.—An annu- FAILS TO EXERCISE INVESTMENT ity contract under section 403(b) shall be ELECTION. the incredible potential of stem cells. treated as meeting the requirements of para- (a) IN GENERAL.—Section 404(c) of the Em- Stem cell research—particularly, em- graph (2) with respect to matching contribu- ployee Retirement Income Security Act of bryonic stem cell research—holds great tions if such contract meets requirements 1974 (29 U.S.C. 1104(c)) is amended by adding promise. To quote Nobel Laureate Dr. at the end the following new paragraph: similar to the requirements under subpara- Harold Varmus, ‘‘The development of ‘‘(4) DEFAULT INVESTMENT ARRANGE- graph (A).’’. cell lines that may produce almost (f) PREEMPTION OF CONFLICTING STATE REG- MENTS.— ULATION.—Section 514 of the Employee Re- ‘‘(A) IN GENERAL.—For purposes of para- every tissue of the human body is an tirement Income Security of 1974 (29 U.S.C. graph (1), a participant in an individual ac- unprecedented scientific breakthrough. 1144) is amended by inserting at the end the count plan meeting the notice requirements It is not too unrealistic to say that this following new subsection: of subparagraph (B) shall be treated as exer- research has the potential to revolu- ‘‘(e) AUTOMATIC CONTRIBUTION ARRANGE- cising control over the assets in the account tionize the practice of medicine and MENTS.— with respect to the amount of contributions improve the quality and length of life.’’ ‘‘(1) IN GENERAL.—Notwithstanding any and earnings which, in the absence of an in- As Dr. Varmus noted, embryonic other provision of this section, any law of a vestment election by the participant, are in- State shall be superseded if it would directly vested by the plan in accordance with regu- stem cells appear to have the amazing or indirectly prohibit or restrict the inclu- lations prescribed by the Secretary. The reg- potential to transform themselves into sion in any plan of an eligible automatic ulations under this subparagraph shall pro- any of the more than 200 types of cells contribution arrangement. vide guidance on the appropriateness of des- that form the human body. These cells

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4121 could be the key to understanding There being no objection, the bill was to forfeiture to the United States in accord- much about human health and disease ordered to be printed in the RECORD, as ance with the procedures set forth in chapter and may yield new diagnostic tests, follows: 46 of title 18, United States Code. ‘‘(e) RIGHT OF ACTION.—Nothing in this sec- treatments, and cures for diseases such S. 876 tion shall be construed to give any indi- as diabetes, cancer, heart disease, Par- Be it enacted by the Senate and House of Rep- vidual or person a private right of action.’’. kinson’s, autoimmune diseases, and resentatives of the United States of America in SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO many, many others. Congress assembled, ENFORCE CERTAIN PROHIBITIONS. Stem cell research could potentially SECTION 1. SHORT TITLE. (a) REPORT ON ACTIONS BY ATTORNEY GEN- be the scientific advance that takes the This Act may be cited as the ‘‘Human ERAL TO ENFORCE CHAPTER 16 OF TITLE 18.— practice of medicine not just to the Cloning Ban and Stem Cell Research Protec- Not later than 1 year after the date of enact- next level, but to five or ten levels tion Act of 2005’’. ment of this Act, the Comptroller General shall prepare and submit to the Committee above and beyond. Like my colleagues, SEC. 2. PURPOSES. It is the purpose of this Act to prohibit on the Judiciary of the Senate and the Com- I believe there is an urgent need for mittee on the Judiciary of the House of Rep- uniformity in the rules governing stem human cloning and to protect important areas of medical research, including stem resentatives a report that— cell research in America. But let me cell research. (1) describes the actions taken by the At- just stress one aspect of that need: eth- torney General to enforce the provisions of TITLE I—PROHIBITION ON HUMAN chapter 16 of title 18, United States Code (as ics. Without the National Institutes of CLONING Health setting the ethical guidelines added by section 101); SEC. 101. PROHIBITION ON HUMAN CLONING. (2) describes the personnel and resources for stem cell research, we invite a host (a) IN GENERAL.—Title 18, United States the Attorney General has utilized to enforce of problems. Most of us feel strongly Code, is amended by inserting after chapter the provisions of such chapter; and that human reproductive cloning is 15, the following: (3) contain a list of any violations, if any, of the provisions of such chapter 16. wrong, for example. But where should ‘‘CHAPTER 16—PROHIBITION ON HUMAN CLONING (b) REPORT ON ACTIONS OF STATE ATTOR- the lines be drawn with regard to em- ‘‘301. Prohibition on human cloning bryonic stem cell research—particu- NEYS GENERAL TO ENFORCE SIMILAR STATE ‘‘§ 301. Prohibition on human cloning LAWS.— larly, somatic cell nuclear transfer and ‘‘(a) DEFINITIONS.—In this section: (1) DEFINITION.—In this subsection and sub- the use of cell lines derived from IVF ‘‘(1) HUMAN CLONING.—The term ‘human section (c), the term ‘‘similar State law re- embryos? cloning’ means implanting or attempting to lating to human cloning’’ means a State or The NIH is the obvious and crucial implant the product of nuclear transplan- local law that provides for the imposition of choice to help set the ethical bound- tation into a uterus or the functional equiva- criminal penalties on individuals who are de- aries. Our bill will ban outright any at- lent of a uterus. termined to be conducting or attempting to tempt at bringing to life a cloned ‘‘(2) HUMAN SOMATIC CELL.—The term conduct human cloning (as defined in section human being. It will also prohibit re- ‘human somatic cell’ means any human cell 301 of title 18, United States Code (as added by section 101)). search on any embryo created through other than a haploid germ cell. ‘‘(3) NUCLEAR TRANSPLANTATION.—The term (2) REPORT.—Not later than 1 year after somatic cell nuclear transfer beyond 14 ‘nuclear transplantation’ means transferring the date of enactment of this Act, the Comp- days, require informed consent of do- the nucleus of a human somatic cell into an troller General shall prepare and submit to nors, prohibit profiteering from do- oocyte from which the nucleus or all chro- the Committee on the Judiciary of the Sen- nated eggs, and mandate separation of mosomes have been or will be removed or ate and the Committee on the Judiciary of the egg collection site from the re- rendered inert. the House of Representatives a report that— (A) describes any similar State law relat- search laboratory. ‘‘(4) NUCLEUS.—The term ‘nucleus’ means the cell structure that houses the chro- ing to human cloning; The NIH will help determine other (B) describes the actions taken by the mosomes. suitable ethical guidelines in allowing State attorneys general to enforce the provi- ‘‘(5) OOCYTE.—The term ‘oocyte’ means the this critical research to go forward sions of any similar State law relating to female germ cell, the egg. human cloning; with Federal funding and at federally- ‘‘(6) UNFERTILIZED BLASTOCYST.—The term (C) contains a list of violations, if any, of funded institutions. There is no ques- ‘unfertilized blastocyst’ means an intact cel- the provisions of any similar State law relat- tion in my mind that, when they do, lular structure that is the product of nuclear ing to human cloning; and the rest of the world will follow. transplantation. Such term shall not include (D) contains a list of any individual who, Now, the last time we introduced this stem cells, other cells, cellular structures, or or organization that, has violated, or has bill, there was interest in the fact that biological products derived from an intact been charged with violating, any similar I, as a strongly pro-life senator, would cellular structure that is the product of nu- State law relating to human cloning. be the lead sponsor. I think we have clear transplantation. (c) REPORT ON COORDINATION OF ENFORCE- ‘‘(b) PROHIBITIONS ON HUMAN CLONING.—It MENT ACTIONS AMONG THE FEDERAL AND put that issue behind us, as more pro- shall be unlawful for any person or other life lawmakers have expressed their STATE AND LOCAL GOVERNMENTS WITH RE- legal entity, public or private— SPECT TO HUMAN CLONING.—Not later than 1 support for this research. The fact is, I ‘‘(1) to conduct or attempt to conduct year after the date of enactment of this Act, have never believed that life begins in human cloning; the Comptroller General shall prepare and a Petri dish. And as I travel across my ‘‘(2) to ship the product of nuclear trans- submit to the Committee on the Judiciary of home State of Utah, more and more plantation in interstate or foreign commerce the Senate and the Committee on the Judici- Utahns, whether they are pro-life or for the purpose of human cloning in the ary of the House of Representatives a report United States or elsewhere; or that not, come up to me and say, ‘‘ORRIN, ‘‘(3) to export to a foreign country an we’re with you on this. You’re doing (1) describes how the Attorney General co- unfertilized blastocyst if such country does ordinates the enforcement of violations of the right thing.’’ not prohibit human cloning. chapter 16 of title 18, United States Code (as That support is building across the ‘‘(c) PROTECTION OF RESEARCH.—Nothing in added by section 101), with enforcement ac- country, and we must act. If we do not this section shall be construed to restrict tions taken by State or local government seize this opportunity, other countries practices not expressly prohibited in this law enforcement officials with respect to could take the leading role in medi- section. similar State laws relating to human cine’s next great advance. We will lose ‘‘(d) PENALTIES.— cloning; and ‘‘(1) CRIMINAL PENALTIES.—Whoever inten- the chance to set ethical guidelines, we (2) describes the status and disposition of— tionally violates paragraph (1), (2), or (3) of (A) Federal appellate litigation with re- will lose doctors to overseas research subsection (b) shall be fined under this title spect to such chapter 16 and State appellate institutions, and most importantly, we and imprisoned not more than 10 years. litigation with respect to similar State laws will lose the chance to offer new hope ‘‘(2) CIVIL PENALTIES.—Whoever inten- relating to human cloning; and to American and other patients who tionally violates paragraph (1), (2), or (3) of (B) civil litigation, including actions to ap- are waiting in desperation for treat- subsection (b) shall be subject to a civil pen- point guardians, related to human cloning. ments and cures. alty of $1,000,000 or three times the gross pe- (d) REPORT ON INTERNATIONAL LAWS RELAT- I urge the Senate to take up and pass cuniary gain resulting from the violation, ING TO HUMAN CLONING.—Not later than 1 year after the date of enactment of this Act, this bill, and I look forward to the whichever is greater. ‘‘(3) FORFEITURE.—Any property, real or the Comptroller General shall prepare and work ahead. personal, derived from or used to commit a submit to the Committee on the Judiciary of I ask unanimous consent that the violation or attempted violation of the pro- the Senate and the Committee on the Judici- text of the bill be printed in the visions of subsection (b), or any property ary of the House of Representatives a report RECORD. traceable to such property, shall be subject that—

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4122 CONGRESSIONAL RECORD — SENATE April 21, 2005 (1) describes the laws adopted by foreign ‘‘(g) CIVIL PENALTIES.—Whoever inten- ernment oversight and under strict countries related to human cloning; tionally violates any provision of sub- ethical requirements. (2) describes the actions taken by the chief sections (b) through (f) shall be subject to a That is why the legislation: Man- law enforcement officer in each foreign coun- civil penalty in an amount that is appro- dates that eggs used in this research be try that has enacted a law described in para- priate for the violation involved, but not graph (1) to enforce such law; and more than $250,000.’’. unfertilized. (3) describes the multilateral efforts of the Mrs. FEINSTEIN. Mr. President, Prohibits the purchase or sale of United Nations and elsewhere to ban human today Senators HATCH, KENNEDY, SPEC- unfertilized eggs—to prevent ‘‘embryo cloning. TER, HARKIN and I are introducing leg- farms’’ or the possible exploitation of TITLE II—ETHICAL REQUIREMENTS FOR islation to ban human reproductive women. NUCLEAR TRANSPLANTATION RESEARCH cloning, while ensuring that important Imposes strong ethics rules on sci- SEC. 201. ETHICAL REQUIREMENTS FOR NU- medical research goes forward under entists, mandating informed consent CLEAR TRANSPLANTATION RE- strict oversight by the federal govern- by egg donors, and include safety and SEARCH. ment. privacy protections. Title IV of the Public Health Service Act Prohibit any research on an (42 U.S.C. 281 et seq.) is amended by adding Simply put, this legislation will en- at the end the following: able research to be conducted that pro- unfertilized blastocyst after 14 days— After 14 days, an unfertilized blasto- ‘‘PART J—ETHICAL REQUIREMENTS FOR vides hope to millions of Americans NUCLEAR TRANSPLANTATION RESEARCH suffering from paralysis and debili- cyst begins differentiating into a spe- cific type of cell such as a heart or ‘‘SEC. 499A. ETHICAL REQUIREMENTS FOR NU- tating diseases including Juvenile Dia- CLEAR TRANSPLANTATION RE- betes, Parkinson’s, Alzheimer’s, cancer brain cell and is no longer useful for SEARCH, INCLUDING INFORMED and heart disease. the purposes of embryonic stem cell re- CONSENT, INSTITUTIONAL REVIEW Every member of this body knows search. BOARD REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY. someone—whether it’s a parent or Requires that all egg donations be ‘‘(a) DEFINITIONS.— grandparent, a child or a friend—who voluntary, and that there is no finan- ‘‘(1) IN GENERAL.—The definitions con- suffers from one of these diseases. That cial or other incentive for egg dona- tained in section 301(a) of title 18, United is why this legislation is so critical. We tions. States Code, shall apply for purposes of this must act now to protect promising re- Requires that nuclear transportation section. search that will bring hope to those occur in labs completely separate from ‘‘(2) OTHER DEFINITIONS.—In this section: who suffer. labs that engage in in vitro fertiliza- ‘‘(A) DONATING.—The term ‘donating’ I now that every member of this body means giving without receiving valuable tion. consideration. would agree that human reproductive And for those who violate or attempt ‘‘(B) FERTILIZATION.—The term ‘fertiliza- cloning is immoral and unethical. It to violate the ethical requirements of tion’ means the fusion of an oocyte con- should be outlawed by Congress and the legislation, they will be subject to taining a haploid nucleus with a male ga- the President. That is exactly what civil penalties of up to $250,000 per vio- mete (sperm cell). this bill does. lation. ‘‘(C) VALUABLE CONSIDERATION.—The term It prohibits any person from con- Embryonic stem cell research that is ‘valuable consideration’ does not include ducting or attempting to clone a currently being done using private reasonable payments— human being. It also prohibits shipping funds, in animal models, and by sci- ‘‘(i) associated with the transportation, materials for the purpose of human processing, preservation, or storage of a entists overseas continues to show human oocyte or of the product of nuclear cloning in interstate or foreign com- great promise and potential. This transplantation research; or merce and prohibits the export of an progress will not be sustained in the ‘‘(ii) to compensate a donor of one or more unfertilized blastocyst to a foreign U.S. without additional stem cell lines human oocytes for the time or inconvenience country if such country does not pro- for federally-funded research and with- associated with such donation. hibit human cloning. out strict federal oversight of this re- ‘‘(b) APPLICABILITY OF FEDERAL ETHICAL Any person that violates this prohi- search. STANDARDS TO NUCLEAR TRANSPLANTATION bition is subject to harsh criminal and RESEARCH.—Research involving nuclear Senator HATCH and I have argued this civil penalties. They include: imprison- point for years. What has happened transplantation shall be conducted in ac- ment of up to 10 years in federal prison. cordance with subpart A of part 46 of title 45, since the President limited federally- Fines of up to $1 million or three or parts 50 and 56 of title 21, Code of Federal funded research to only those embry- times the gross profits resulting from Regulations (as in effect on the date of en- onic stem cell lines derived prior to actment of the Human Cloning Ban and the violation, whichever is greater. This legislation draws a bright line August 9, 2001? Stem Cell Research Protection Act of 2003), Researchers have made a number of as applicable: between human reproductive cloning advancements confirming the promise ‘‘(c) PROHIBITION ON CONDUCTING NUCLEAR and promising medical research using TRANSPLANTATION ON FERTILIZED EGGS.—A somatic cell nuclear transplantation of embryonic stem cells using animal somatic cell nucleus shall not be trans- for the sole purpose of deriving embry- models and private research dollars. In planted into a human oocyte that has under- onic stem cells. the absence of federal policy on embry- gone or will undergo fertilization. Somatic cell nuclear transplantation onic stem cell research and human re- ‘‘(d) FOURTEEN-DAY RULE.—An unfertilized productive cloning, States have taken blastocyst shall not be maintained after is the process by which scientists de- rive embryonic stem cells that are an action creating a patchwork of state more than 14 days from its first cell division, laws under varying ethical frame- not counting any time during which it is exact genetic match as the patient. stored at temperatures less than zero degrees Those embryonic stem cells will one works. Fewer researchers are choosing centigrade. day be used to correct defective cells to go into this field given the void cre- ‘‘(e) VOLUNTARY DONATION OF OOCYTES.— such as non-insulin producing or can- ated by Federal inaction. ‘‘(1) INFORMED CONSENT.—In accordance cerous cells. Then those patients will Last January, a study published by with subsection (b), an oocyte may not be not be forced to take immuno-suppres- researchers from the University of used in nuclear transplantation research un- sive drugs and risk the chances of re- California San Diego and the Salk In- less such oocyte shall have been donated vol- stitute for Biological Studies con- untarily by and with the informed consent of jection since the new cells will contain the woman donating the oocyte. their own DNA. firmed that all 22 existing federally-ap- ‘‘(2) PROHIBITION ON PURCHASE OR SALE.—No It is truly astonishing that somatic proved stem cell lines are tainted by human oocyte or unfertilized blastocyst may cell nuclear transplantation research mouse feeders cells and cannot be used be acquired, received, or otherwise trans- may one day be used to regrow tissue in humans. ferred for valuable consideration if the or organs that could lead to treatments Researchers at the Whitehead Insti- transfer affects interstate commerce. and cures for diseases that afflict up to tute in Cambridge, MA, used embry- ‘‘(f) SEPARATION OF IN VITRO FERTILIZATION 100 million Americans. What we are onic stem cells created by somatic cell LABORATORIES FROM LOCATIONS AT WHICH nuclear transplantation to cure a ge- NUCLEAR TRANSPLANTATION IS CONDUCTED.— talking about here is research that Nuclear transplantation may not be con- does not even involve sperm and an netic defect in mice. ducted in a laboratory in which human oo- egg. Researchers at Sloan-Kettering Can- cytes are subject to assisted reproductive I believe it is essential that this re- cer Center in New York found that em- technology treatments or procedures. search be conducted with Federal Gov- bryonic stem cells produce proteins

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4123 that can help ailing organs repair help turn the hopes of millions of combinant DNA—the very foundation themselves. Americans into reality. of biotechnology. Stanford scientists were able to re- I ask unanimous consent that the at- Time after time, we heard of the lieve diabetes symptoms in mice by tached letter be printed in the RECORD. medical advances that this new field of using special chemicals to transform There being no objection, the letter research would bring. Then—as now— undifferentiated embryonic stem cells was ordered to be printed in the some dismissed this promise as a pipe of mice into cell masses that resemble RECORD, as follows: dream and urged Congress to forbid it. islets found in the mouse pancreas. COALITION FOR THE ADVANCEMENT We chose instead to vote for new hope In the absence of federal legislation, OF MEDICAL RESEARCH, and new cures. Today, countless Amer- we have seen a patchwork of State laws Washington, DC, April 21, 2005. icans and persons throughout the world under varying ethical frameworks and Senator DIANNE FEINSTEIN, are already benefiting from the new U.S. Senate, 331 Hart Senate Office Building treatments that biotechnology has this is extremely worrisome. In total, Washington, DC. 30 States have passed laws pertaining DEAR SENATOR FEINSTEIN, On behalf of the brought. Why call a halt? to stem cell research and there is tre- Coalition for the Advancement of Medical In the 1980s Congress made the right mendous variety in those laws. Research (CAMR), I am writing to add our choice, again, by rejecting attempts to California launched a $3 billion ini- strong support for the introduction of the outlaw in vitro fertilization, a tech- tiative to fund embryonic stem cell re- Human Cloning Ban and Stem Cell Research nique that has fulfilled the hopes and search including somatic cell nuclear Protection Act of 2005. Along with Senator dreams of thousands of parents who ORRIN HATCH (R–UT), Senator ARLEN SPEC- transplantation research which bans would never have been able to have a TER (R–PA), Senator TED KENNEDY (D–MA), child. human reproductive cloning. and Senator TOM HARKIN (D–IA), your leader- At least 6 academic centers in Cali- ship in protecting research using somatic Our debate today is no different and fornia including UC San Francisco, cell nuclear transfer (SCNT), also known as Congress should do all it can to support Stanford, UCLA, UC Berkeley, UC therapeutic cloning, is greatly appreciated. lifesaving research, not prohibit it. Irvine and UC Davis have already This year, Congress will address the future Other nations are more than willing of biomedical research and the Nation’s ef- begun developing facilities where this to leave us behind. The potential of forts to prevent, treat, and cure such debili- this research is so immense that some embryonic stem cell research will be tating diseases as cancer, juvenile diabetes, of our best scientists are already leav- conducted and are all actively recruit- ALS, Parkinson’s disease, spinal cord inju- ing America to pursue their dreams in ing stem cell biologists from across the ries and many more. Let me be clear, CAMR research laboratories in other coun- country. supports a ban on reproductive cloning; it is tries. We need to stop that exodus be- New Jersey has proposed a $380 mil- unsafe and unethical. Given the scientific potential of SCNT and regenerative medi- fore it becomes a nightmare. Do we lion initiative to fund embryonic stem cine, however, we strongly support the bill’s really want to wake up 10 years from cell research. effort to allow for this research, which may now and hear that a former American Wisconsin has proposed investing $750 provide essential tools allowing scientists to scientist in another land has won the million to support embryonic stem cell develop the promise of embryonic stern cell Nobel Prize in medicine for a landmark research. research. I am sure you will agree, thera- discovery in stem cell research? By contrast, Arkansas, Iowa, North peutic cloning is about saving and improving lives. It is fW1damemally different from The misguided fears of today can’t be Dakota, South Dakota and Michigan allowed to deny the cures of tomorrow. have specifically prohibited nuclear human reproductive cloning; it produces stem cells, not babies. I commend my colleagues for their transfer used to create stem cells. And CAMR applauds your leadership in spon- leadership on this important legisla- 22 other States have enacted laws on soring legislation that ensures cures for dev- tion, and I hope the Senate will act the matter. astating diseases continue to be developed. quickly to approve this urgently need- What this means is researchers and We look forward to working with you. ed bill. research money are now moving to Thank you, States with pro-research laws and pro- DANIEL PERRY, By Mr. DOMENICI (for himself, research Governors. President. Mr. KENNEDY. It is a privilege to Mr. LIEBERMAN, Mr. FRIST, Mr. There is clearly a void that needs to join Senator HATCH, Senator FEIN- LUGAR, Mr. ISAKSON, Mr. ENZI, be filled—and it can only be filled by STEIN, Senator SPECTER and Senator Mr. FEINGOLD, Mr. CRAPO, Mr. the Federal Government. HARKIN in sponsoring the Human ALEXANDER, Mr. BUNNING, Mr. To be clear, this is research that in- Cloning Ban and Stem Cell Research SESSIONS, Mr. ALLARD, and Mr. volves an unfertilized blastocyst. No Protection Act of 2005. This bipartisan CORZINE): sperm are involved. It is conducted in a proposal will outlaw human cloning S. 877. A bill to provide for a biennial petri dish and cannot occur beyond 14 and open the way to proper, ethical budget process and a biennial appro- days. It is also prohibited from ever cures for our most feared diseases. priations process and to enhance over- being implanted into a woman to cre- Using cloning to reproduce a child is sight and the performance of the Fed- ate a child. improper and immoral—and our legis- eral Government; to the Committee on For those who believe that the clump lation will make it illegal. Medicine the Budget. of cells in a petri dish that we are talk- must advance hand in hand with eth- Mr. DOMENICI. Mr. President, on be- ing about is a human life, that is a ics, and the legislation we introduce half of Senator LIEBERMAN, the distin- moral decision each person must make today will make certain that American guished Ranking Member of the Gov- for himself, but to impose that view on research sets the gold standard for eth- ernmental Affairs Committee and elev- the more than 100 million of our par- ical oversight. en other Senators, I rise to introduce ents, children and friends who suffer But it is wrong to deny the great po- the ‘‘Biennial Budgeting and Appro- from Parkinson’s, diabetes, Alz- tential of medical research using the priations Act,’’ a bill to convert the an- heimer’s and cancer is immoral. remarkable new techniques of stem nual budget and appropriations process As former Senator and Episcopal cell research, which can save lives by to a two-year cycle and to enhance minister John C. Danforth said re- preventing, treating, and curing a wide oversight of federal programs. cently in an op-ed in the New York range of severe diseases and disabil- Our most recent experience with the Times, ‘‘Criminalizing the work of sci- ities. Omnibus Consolidated Appropriations entists doing such research would give We see the benefits of investment in Act shows the need for a biennial ap- strong support to one religious doc- biotechnology all around us. Fifty propriations and budget process. That trine, and it would punish people who years ago last week, Jonas Salk an- one bill clearly demonstrated Congress believe it is their religious duty to use nounced the first polio vaccine. Imag- is incapable of completing the budget, science to heal the sick. ine a world without that extraordinary authorizing, and appropriations process This is exactly why the legislation I discovery—where peoples everywhere on an annual basis. That 1,000 plus am introducing with my colleagues lived in fear of the polio virus and the paged bill contained nine of the regular Senators HATCH, KENNEDY, SPECTER devastation it brings. appropriations bills. and HARKIN is needed. I urge the Sen- Thirty years ago, Congress was con- Congress should now act to stream- ate to take up and pass this bill and sidering whether to ban research on re- line the system by moving to a two-

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4124 CONGRESSIONAL RECORD — SENATE April 21, 2005 year, or biennial, budget process. This bating the budget throughout the au- must be made in budgeting, but it can is the most important reform we can thorizing, budgeting, and appropria- provide the tools necessary to make enact to streamline the budget process, tions process, just imagine how con- much better decisions. Under the cur- to make the Senate a more delibera- fused the American public is about rent annual budget process we are con- tive and effective institution, and to what we are doing. The result is that stantly spending the taxpayers’ money make us more accountable to the the public does not understand what we instead of focusing on how best and American people. are doing and it breeds cynicism about most efficiently we should spend the Moving to a biennial budget and ap- our government. taxpayers’ money. By moving to a bi- propriations process enjoys very broad Under the legislation I am intro- ennial budget cycle, we can plan, budg- support. President Bush has supported ducing today, the President would sub- et, and appropriate more effectively, a biennial budgeting process. Presi- mit a 2-year budget and Congress strengthen oversight and watchdog dents Clinton, Reagan and Bush also would consider a 2-year budget resolu- functions, and improve the efficiency proposed a biennial appropriations and tion and 2-year appropriation bills dur- of government agencies. budget cycle. Leon Panetta, who served ing the first session of a Congress. The I ask unanimous consent that the as White House Chief of Staff, OMB Di- second session of the Congress would be text of the bill be printed in the rector, and House Budget Committee devoted to consideration of authoriza- RECORD. Chairman, has advocated a biennial tion bills and for oversight of govern- There being no objection, the bill was budget since the late 1970s. Former ment agencies. ordered to be printed in the RECORD, as OMB and CBO Director Alice Rivlin Most of the arguments against a bi- follows: has called for a biennial budget the ennial budget process will come from S. 877 past two decades. The Majority Leader those who claim we cannot predict or Be it enacted by the Senate and House of Rep- is a co-sponsor of this legislation. plan on a two year basis. For most of resentatives of the United States of America in Vice President Gore’s National Per- the budget, we do not actually budget Congress assembled, on an annual basis. Our entitlement SECTION 1. SHORT TITLE. formance Review and the 1993 Joint This Act may be cited as the ‘‘Biennial Committee on the Reorganization of and revenue laws are under permanent Budgeting and Appropriations Act’’. Congress both recommended a biennial law and Congress does not change these SEC. 2. REVISION OF TIMETABLE. appropriations and budget cycle. laws on an annual basis. The only com- Section 300 of the Congressional Budget A biennial budget will dramatically ponent of the budget that is set in law Act of 1974 (2 U.S.C. 631) is amended to read improve the current budget process. annually are the appropriated, or dis- as follows: The current annual budget process is cretionary, accounts. ‘‘TIMETABLE redundant, inefficient, and destined for The most predictable category of the ‘‘SEC. 300. (a) IN GENERAL.—Except as pro- failure each year. Look at what we budget are these appropriated, or dis- vided by subsection (b), the timetable with struggle to complete each year under cretionary, accounts of the federal gov- respect to the congressional budget process the current annual process. The annual ernment. Much of this spending is asso- for any Congress (beginning with the One Hundred Tenth Congress) is as follows: budget process consumes three years: ciated with international activities or one year for the Administration to pre- emergencies. Because most of this pare the President’s budget, another funding cannot be predicted on an an- ‘‘First Session year for the Congress to put the budget nual basis, a biennial budget is no less ‘‘On or before: Action to be completed: into law, and the final year to actually deficient than the current annual proc- First Monday in President submits budget rec- execute the budget. ess. My bill does not preclude supple- February. ommendations. Today, I want to focus just on the February 15 ...... Congressional Budget Office sub- mental appropriations necessary to mits report to Budget Commit- Congressional budget process, the proc- meet these emergency or unanticipated tees. ess of annually passing a budget resolu- requirements. Not later than 6 Committees submit views and es- tion, authorization legislation, and In 1993 I had the honor to serve as co- weeks after timates to Budget Committees. budget sub- multiple appropriation bills. The Chairman on a Joint Committee that mission. record clearly shows that last year’s studied the operations of the Congress. April 1...... Budget Committees report con- experience was nothing new. Under the Senator BYRD testified before that current resolution on the bien- annual process, we consistently fail to Committee that the increasing de- nial budget. May 15...... Congress completes action on complete action on multiple appropria- mands put on us as Senators has led to concurrent resolution on the tions bills, to authorize programs, and our ‘‘fractured attention.’’ We simply biennial budget. to meet our deadlines. are too busy to adequately focus on the May 15 ...... Biennial appropriation bills may be considered in the House. While we have made a number of im- people’s business. This legislation is June 10 ...... House Appropriations Committee provements in the budget process, the designed to free up time and focus our reports last biennial appropria- current annual process is redundant attention, particularly with respect to tion bill. and inefficient. The Senate has the the oversight of Federal programs and June 30 ...... House completes action on bien- nial appropriation bills. same debate, amendments and votes on activities. August 1...... Congress completes action on the same issue three or four times a Frankly, the limited oversight we are reconciliation legislation. year—once on the budget resolution, now doing is not as good as it should October 1 ...... Biennium begins. again on the authorization bill, and fi- be. Our authorizing committees are in- ‘‘Second Session nally on the appropriations bill. creasingly crowded out of the legisla- ‘‘On or before: Action to be completed: A few years ago, I asked the Congres- tive process. Under a biennial budget, February 15 ...... President submits budget review. sional Research Service (CRS) to up- the second year of the biennium will be Not later than 6 Congressional Budget Office sub- weeks after mits report to Budget Commit- date and expand upon an analysis of exclusively devoted to examining fed- President sub- tees. the amount of time we spend on the eral programs and developing author- mits budget budget. CRS looked at all votes on ap- ization legislation. The calendar will review. The last day of Congress completes action on propriations, revenue, reconciliation, be free of the budget and appropria- the session. bills and resolutions author- and debt limit measures as well as tions process, giving these committees izing new budget authority for budget resolutions. CRS then examined the time and opportunity to provide the succeeding biennium. any other vote dealing with budgetary oversight, review and legislate changes ‘‘(b) SPECIAL RULE.—In the case of any first levels, Budget Act waivers, or votes to federal programs. Oversight and the session of Congress that begins in any year pertaining to the budget process. Be- authorization should be an ongoing immediately following a leap year and dur- ginning with 1980, budget related votes process, but a biennial appropriations ing which the term of a President (except a started dominating the work of the process will provide greater oppor- President who succeeds himself or herself) Senate. In 1996, 73 percent of the votes begins, the following dates shall supersede tunity for legislators to concentrate on those set forth in subsection (a): the Senate took were related to the programs and policies in the second budget. year. If we cannot adequately focus on our Mr. President, a biennial budget can- ‘‘First Session duties because we are constantly de- not make the difficult decisions that ‘‘On or before: Action to be completed:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0655 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4125

‘‘First Session—Continued (7) ECONOMIC ASSUMPTIONS.—Section (2) by striking ‘‘annual’’ and inserting ‘‘bi- First Monday in President submits budget rec- 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is ennial’’; April. ommendations. amended by striking ‘‘for a fiscal year’’ and (3) by striking ‘‘fiscal year’’ and inserting April 20 ...... Committees submit views and es- inserting ‘‘for a biennium’’. ‘‘biennium’’; and timates to Budget Committees. May 15...... Budget Committees report con- (8) TABLE OF CONTENTS.—The item relating (4) by striking ‘‘that year’’ and inserting current resolution on the bien- to section 301 in the table of contents set ‘‘each odd-numbered year’’. nial budget. forth in section 1(b) of such Act is amended (i) COMPLETION OF ACTION ON REGULAR AP- June 1...... Congress completes action on by striking ‘‘Annual’’ and inserting ‘‘Bien- PROPRIATION BILLS.—Section 309 of such Act concurrent resolution on the nial’’. (2 U.S.C. 640) is amended— biennial budget. (d) COMMITTEE ALLOCATIONS.—Section 302 (1) by inserting ‘‘of any odd-numbered cal- July 1 ...... Biennial appropriation bills may of such Act (2 U.S.C. 633) is amended— endar year’’ after ‘‘July’’; be considered in the House. (2) by striking ‘‘annual’’ and inserting ‘‘bi- July 20 ...... House completes action on bien- (1) in subsection (a) nial appropriation bills. (A) in paragraph (1), by— ennial’’; and August 1...... Congress completes action on (i) striking ‘‘for the first fiscal year of the (3) by striking ‘‘fiscal year’’ and inserting reconciliation legislation. resolution,’’ and inserting ‘‘for each fiscal ‘‘biennium’’. October 1 ...... Biennium begins.’’. year in the biennium,’’; (j) RECONCILIATION PROCESS.—Section (ii) striking ‘‘for that period of fiscal 310(a) of such Act (2 U.S.C. 641(a)) is amend- SEC. 3. AMENDMENTS TO THE CONGRESSIONAL ed— BUDGET AND IMPOUNDMENT CON- years’’ and inserting ‘‘for all fiscal years cov- TROL ACT OF 1974. ered by the resolution’’; and (1) in the matter preceding paragraph (1), by striking ‘‘any fiscal year’’ and inserting (a) DECLARATION OF PURPOSE.—Section 2(2) (iii) striking ‘‘for the fiscal year of that ‘‘any biennium’’; and of the Congressional Budget and Impound- resolution’’ and inserting ‘‘for each fiscal (2) in paragraph (1) by striking ‘‘such fiscal ment Control Act of 1974 (2 U.S.C. 621(2)) is year in the biennium’’; and year’’ each place it appears and inserting amended by striking ‘‘each year’’ and insert- (B) in paragraph (5), by striking ‘‘April 15’’ ‘‘any fiscal year covered by such resolution’’. ing ‘‘biennially’’. and inserting ‘‘May 15 or June 1 (under sec- (k) SECTION 311 POINT OF ORDER.— (b) DEFINITIONS.— tion 300(b))’’; (2) in subsection (b), by striking ‘‘budget (1) IN THE HOUSE.—Section 311(a)(1) of such (1) BUDGET RESOLUTION.—Section 3(4) of Act (2 U.S.C. 642(a)) is amended— such Act (2 U.S.C. 622(4)) is amended by year’’ and inserting ‘‘biennium’’; (3) in subsection (c) by striking ‘‘for a fis- (A) by striking ‘‘for a fiscal year’’ and in- striking ‘‘fiscal year’’ each place it appears serting ‘‘for a biennium’’; and inserting ‘‘biennium’’. cal year’’ each place it appears and inserting ‘‘for each fiscal year in the biennium’’; (B) by striking ‘‘the first fiscal year’’ each (2) BIENNIUM.—Section 3 of such Act (2 place it appears and inserting ‘‘either fiscal U.S.C. 622) is further amended by adding at (4) in subsection (f)(1), by striking ‘‘for a fiscal year’’ and inserting ‘‘for a biennium’’; year of the biennium’’; and the end the following new paragraph: (C) by striking ‘‘that first fiscal year’’ and ‘‘(11) The term ‘biennium’ means the pe- (5) in subsection (f)(1), by striking ‘‘the first fiscal year’’ and inserting ‘‘each fiscal inserting ‘‘each fiscal year in the biennium’’. riod of 2 consecutive fiscal years beginning (2) IN THE SENATE.—Section 311(a)(2) of on October 1 of any odd-numbered year.’’. year of the biennium’’; (6) in subsection (f)(2)(A), by— such Act is amended— (c) BIENNIAL CONCURRENT RESOLUTION ON (A) in subparagraph (A), by striking ‘‘for THE BUDGET.— (A) striking ‘‘the first fiscal year’’ and in- serting ‘‘each fiscal year of the biennium’’; the first fiscal year’’ and inserting ‘‘for ei- (1) SECTION HEADING.—The section heading ther fiscal year of the biennium’’; and of section 301 of such Act is amended by and (B) striking ‘‘the total of fiscal years’’ and (B) in subparagraph (B)— striking ‘‘annual’’ and inserting ‘‘biennial’’. (i) by striking ‘‘that first fiscal year’’ the (2) CONTENTS OF RESOLUTION.—Section inserting ‘‘the total of all fiscal years cov- ered by the resolution’’; and first place it appears and inserting ‘‘each fis- 301(a) of such Act (2 U.S.C. 632(a)) is amend- cal year in the biennium’’; and ed— (7) in subsection (g)(1)(A), by striking ‘‘April’’ and inserting ‘‘May’’. (ii) by striking ‘‘that first fiscal year and (A) in the matter preceding paragraph (1) the ensuing fiscal years’’ and inserting ‘‘all (e) SECTION 303 POINT OF ORDER.— by— fiscal years’’. (1) IN GENERAL.—Section 303(a) of such Act (i) striking ‘‘April 15 of each year’’ and in- (3) SOCIAL SECURITY LEVELS.—Section (2 U.S.C. 634(a)) is amended by— serting ‘‘May 15 of each odd-numbered year’’; 311(a)(3) of such Act is amended by— (A) striking ‘‘the first fiscal year’’ and in- (ii) striking ‘‘the fiscal year beginning on (A) striking ‘‘for the first fiscal year’’ and serting ‘‘each fiscal year of the biennium’’; October 1 of such year’’ the first place it ap- inserting ‘‘each fiscal year in the biennium’’; and pears and inserting ‘‘the biennium beginning and (B) striking ‘‘that fiscal year’’ each place on October 1 of such year’’; and (B) striking ‘‘that fiscal year and the ensu- it appears and inserting ‘‘that biennium’’. (iii) striking ‘‘the fiscal year beginning on ing fiscal years’’ and inserting ‘‘all fiscal (2) EXCEPTIONS IN THE HOUSE.—Section October 1 of such year’’ the second place it years’’. 303(b)(1) of such Act (2 U.S.C. 634(b)) is appears and inserting ‘‘each fiscal year in (l) MDA POINT OF ORDER.—Section 312(c) of such period’’; amended— the Congressional Budget Act of 1974 (2 (B) in paragraph (6), by striking ‘‘for the (A) in subparagraph (A), by striking ‘‘the U.S.C. 643) is amended— fiscal year’’ and inserting ‘‘for each fiscal budget year’’ and inserting ‘‘the biennium’’; (1) by striking ‘‘for a fiscal year’’ and in- year in the biennium’’; and and serting ‘‘for a biennium’’; (C) in paragraph (7), by striking ‘‘for the (B) in subparagraph (B), by striking ‘‘the (2) in paragraph (1), by striking ‘‘the first fiscal year’’ and inserting ‘‘for each fiscal fiscal year’’ and inserting ‘‘the biennium’’. fiscal year’’ and inserting ‘‘either fiscal year year in the biennium’’. (3) APPLICATION TO THE SENATE.—Section in the biennium’’; (3) ADDITIONAL MATTERS.—Section 301(b)(3) 303(c)(1) of such Act (2 U.S.C. 634(c)) is (3) in paragraph (2), by striking ‘‘that fis- of such Act (2 U.S.C. 632(b)) is amended by amended by— cal year’’ and inserting ‘‘either fiscal year in striking ‘‘for such fiscal year’’ and inserting (A) striking ‘‘fiscal year’’ and inserting the biennium’’; and ‘‘for either fiscal year in such biennium’’. ‘‘biennium’’; and (4) in the matter following paragraph (2), (4) VIEWS OF OTHER COMMITTEES.—Section (B) striking ‘‘that year’’ and inserting by striking ‘‘that fiscal year’’ and inserting 301(d) of such Act (2 U.S.C. 632(d)) is amended ‘‘each fiscal year of that biennium’’. ‘‘the applicable fiscal year’’. (f) PERMISSIBLE REVISIONS OF CONCURRENT by inserting ‘‘(or, if applicable, as provided SEC. 4. AMENDMENTS TO TITLE 31, UNITED by section 300(b))’’ after ‘‘United States RESOLUTIONS ON THE BUDGET.—Section 304(a) STATES CODE. Code’’. of such Act (2 U.S.C. 635) is amended— (a) DEFINITION.—Section 1101 of title 31, (5) HEARINGS.—Section 301(e)(1) of such Act (1) by striking ‘‘fiscal year’’ the first two United States Code, is amended by adding at (2 U.S.C. 632(e)) is amended by— places it appears and inserting ‘‘biennium’’; the end thereof the following new paragraph: (A) striking ‘‘fiscal year’’ and inserting and ‘‘(3) ‘biennium’ has the meaning given to ‘‘biennium’’; and (2) by striking ‘‘for such fiscal year’’ and such term in paragraph (11) of section 3 of (B) inserting after the second sentence the inserting ‘‘for such biennium’’. the Congressional Budget and Impoundment following: ‘‘On or before April 1 of each odd- (g) PROCEDURES FOR CONSIDERATION OF Control Act of 1974 (2 U.S.C. 622(11)).’’. numbered year (or, if applicable, as provided BUDGET RESOLUTIONS.—Section 305 of such (b) BUDGET CONTENTS AND SUBMISSION TO by section 300(b)), the Committee on the Act (2 U.S.C. 636(3)) is amended— THE CONGRESS.— Budget of each House shall report to its (1) in subsection (a)(3), by striking ‘‘fiscal (1) SCHEDULE.—The matter preceding para- House the concurrent resolution on the year’’ and inserting ‘‘biennium’’; and graph (1) in section 1105(a) of title 31, United budget referred to in subsection (a) for the (2) in subsection (b)(3), by striking ‘‘fiscal States Code, is amended to read as follows: biennium beginning on October 1 of that year’’ and inserting ‘‘biennium’’. ‘‘(a) On or before the first Monday in Feb- year.’’. (h) COMPLETION OF HOUSE ACTION ON AP- ruary of each odd-numbered year (or, if ap- (6) GOALS FOR REDUCING UNEMPLOYMENT.— PROPRIATION BILLS.—Section 307 of such Act plicable, as provided by section 300(b) of the Section 301(f) of such Act (2 U.S.C. 632(f)) is (2 U.S.C. 638) is amended— Congressional Budget Act of 1974), beginning amended by striking ‘‘fiscal year’’ each place (1) by striking ‘‘each year’’ and inserting with the One Hundred Ninth Congress, the it appears and inserting ‘‘biennium’’. ‘‘each odd-numbered year’’; President shall transmit to the Congress, the

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4126 CONGRESSIONAL RECORD — SENATE April 21, 2005 budget for the biennium beginning on Octo- fiscal year of the biennium, as the case may SEC. 6. MULTIYEAR AUTHORIZATIONS. ber 1 of such calendar year. The budget of be, for’’; and (a) IN GENERAL.—Title III of the Congres- the United States Government transmitted (3) by striking ‘‘for that year’’ and insert- sional Budget Act of 1974 is amended by add- under this subsection shall include a budget ing ‘‘for each fiscal year of the biennium’’. ing at the end the following new section: message and summary and supporting infor- (e) CAPITAL INVESTMENT ANALYSIS.—Sec- ‘‘AUTHORIZATIONS OF APPROPRIATIONS mation. The President shall include in each tion 1105(e)(1) of title 31, United States Code, ‘‘SEC. 316. (a) POINT OF ORDER.—It shall not budget the following:’’. is amended by striking ‘‘ensuing fiscal year’’ be in order in the House of Representatives (2) EXPENDITURES.—Section 1105(a)(5) of and inserting ‘‘biennium to which such budg- or the Senate to consider— title 31, United States Code, is amended by et relates’’. ‘‘(1) any bill, joint resolution, amendment, striking ‘‘the fiscal year for which the budg- (f) SUPPLEMENTAL BUDGET ESTIMATES AND motion, or conference report that authorizes et is submitted and the 4 fiscal years after CHANGES.— appropriations for a period of less than 2 fis- that year’’ and inserting ‘‘each fiscal year in (1) IN GENERAL.—Section 1106(a) of title 31, cal years, unless the program, project, or ac- the biennium for which the budget is sub- United States Code, is amended— tivity for which the appropriations are au- mitted and in the succeeding 4 fiscal years’’. (A) in the matter preceding paragraph (1), thorized will require no further appropria- (3) RECEIPTS.—Section 1105(a)(6) of title 31, by— tions and will be completed or terminated United States Code, is amended by striking (i) inserting after ‘‘Before July 16 of each after the appropriations have been expended; ‘‘the fiscal year for which the budget is sub- year’’ the following: ‘‘and February 15 of and mitted and the 4 fiscal years after that year’’ each even-numbered year’’; and ‘‘(2) in any odd-numbered year, any author- and inserting ‘‘each fiscal year in the bien- (ii) striking ‘‘fiscal year’’ and inserting ization or revenue bill or joint resolution nium for which the budget is submitted and ‘‘biennium’’; until Congress completes action on the bien- in the succeeding 4 years’’. (B) in paragraph (1), by striking ‘‘that fis- nial budget resolution, all regular biennial (4) BALANCE STATEMENTS.—Section cal year’’ and inserting ‘‘each fiscal year in appropriations bills, and all reconciliation 1105(a)(9)(C) of title 31, United States Code, is such biennium’’; bills. amended by striking ‘‘the fiscal year’’ and (C) in paragraph (2), by striking ‘‘fiscal ‘‘(b) APPLICABILITY.—In the Senate, sub- inserting ‘‘each fiscal year in the biennium’’. year’’ and inserting ‘‘biennium’’; and section (a) shall not apply to— (5) FUNCTIONS AND ACTIVITIES.—Section (D) in paragraph (3), by striking ‘‘fiscal ‘‘(1) any measure that is privileged for con- 1105(a)(12) of title 31, United States Code, is year’’ and inserting ‘‘biennium’’. sideration pursuant to a rule or statute; amended in subparagraph (A), by striking (2) CHANGES.—Section 1106(b) of title 31, ‘‘(2) any matter considered in Executive ‘‘the fiscal year’’ and inserting ‘‘each fiscal United States Code, is amended by— Session; or year in the biennium’’. (A) striking ‘‘the fiscal year’’ and inserting ‘‘(3) an appropriations measure or rec- (6) ALLOWANCES.—Section 1105(a)(13) of ‘‘each fiscal year in the biennium’’; onciliation bill.’’. title 31, United States Code, is amended by (B) inserting after ‘‘Before July 16 of each (b) AMENDMENT TO TABLE OF CONTENTS.— striking ‘‘the fiscal year’’ and inserting year’’ the following: ‘‘and February 15 of The table of contents set forth in section 1(b) ‘‘each fiscal year in the biennium’’. each even-numbered year’’; and of the Congressional Budget and Impound- (7) ALLOWANCES FOR UNCONTROLLED EX- (C) striking ‘‘submitted before July 16’’ ment Control Act of 1974 is amended by add- PENDITURES.—Section 1105(a)(14) of title 31, and inserting ‘‘required by this subsection’’. ing after the item relating to section 315 the United States Code, is amended by striking (g) CURRENT PROGRAMS AND ACTIVITIES ES- following new item: ‘‘that year’’ and inserting ‘‘each fiscal year TIMATES.— ‘‘Sec. 316. Authorizations of appropria- in the biennium for which the budget is sub- (1) IN GENERAL.—Section 1109(a) of title 31, tions.’’. mitted’’. United States Code, is amended— SEC. 7. GOVERNMENT PLANS ON A BIENNIAL (8) TAX EXPENDITURES.—Section 1105(a)(16) (A) by striking ‘‘On or before the first BASIS. of title 31, United States Code, is amended by Monday after January 3 of each year (on or (a) STRATEGIC PLANS.—Section 306 of title striking ‘‘the fiscal year’’ and inserting before February 5 in 1986)’’ and inserting ‘‘At 5, United States Code, is amended— ‘‘each fiscal year in the biennium’’. the same time the budget required by section (1) in subsection (a), by striking ‘‘Sep- (9) FUTURE YEARS.—Section 1105(a)(17) of 1105 is submitted for a biennium’’; and tember 30, 1997’’ and inserting ‘‘September title 31, United States Code, is amended— (B) by striking ‘‘the following fiscal year’’ 30, 2005’’; (A) by striking ‘‘the fiscal year following and inserting ‘‘each fiscal year of such pe- (2) in subsection (b)— the fiscal year’’ and inserting ‘‘each fiscal riod’’. (A) by striking ‘‘five years forward’’ and year in the biennium following the bien- (2) JOINT ECONOMIC COMMITTEE.—Section inserting ‘‘6 years forward’’; nium’’; 1109(b) of title 31, United States Code, is (B) by striking ‘‘at least every three (B) by striking ‘‘that following fiscal year’’ amended by striking ‘‘March 1 of each year’’ years’’ and inserting ‘‘at least every 4 and inserting ‘‘each such fiscal year’’; and and inserting ‘‘within 6 weeks of the Presi- years’’; and (C) by striking ‘‘fiscal year before the fis- dent’s budget submission for each odd-num- (C) by striking beginning with ‘‘, except cal year’’ and inserting ‘‘biennium before the bered year (or, if applicable, as provided by that’’ through ‘‘four years’’; and biennium’’. section 300(b) of the Congressional Budget (3) in subsection (c), by inserting a comma (10) PRIOR YEAR OUTLAYS.—Section Act of 1974)’’. after ‘‘section’’ the second place it appears 1105(a)(18) of title 31, United States Code, is (h) YEAR-AHEAD REQUESTS FOR AUTHOR- and adding ‘‘including a strategic plan sub- amended— IZING LEGISLATION.—Section 1110 of title 31, mitted by September 30, 2005 meeting the re- (A) by striking ‘‘the prior fiscal year’’ and United States Code, is amended by— quirements of subsection (a)’’. inserting ‘‘each of the 2 most recently com- (1) striking ‘‘May 16’’ and inserting ‘‘March (b) BUDGET CONTENTS AND SUBMISSION TO pleted fiscal years,’’; 31’’; and CONGRESS.—Paragraph (28) of section 1105(a) (B) by striking ‘‘for that year’’ and insert- (2) striking ‘‘year before the year in which of title 31, United States Code, is amended by ing ‘‘with respect to those fiscal years’’; and the fiscal year begins’’ and inserting ‘‘cal- striking ‘‘beginning with fiscal year 1999, a’’ and inserting ‘‘beginning with fiscal year (C) by striking ‘‘in that year’’ and insert- endar year preceding the calendar year in 2006, a biennial’’. ing ‘‘in those fiscal years’’. which the biennium begins’’. (11) PRIOR YEAR RECEIPTS.—Section (c) PERFORMANCE PLANS.—Section 1115 of SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND title 31, United States Code, is amended— 1105(a)(19) of title 31, United States Code, is STYLE OF APPROPRIATIONS ACTS. amended— (1) in subsection (a)— Section 105 of title 1, United States Code, (A) in the matter before paragraph (1)— (A) by striking ‘‘the prior fiscal year’’ and is amended to read as follows: inserting ‘‘each of the 2 most recently com- (i) by striking ‘‘section 1105(a)(29)’’ and in- ‘‘§ 105. Title and style of appropriations Acts pleted fiscal years’’; serting ‘‘section 1105(a)(28)’’; and (B) by striking ‘‘for that year’’ and insert- ‘‘(a) The style and title of all Acts making (ii) by striking ‘‘an annual’’ and inserting ing ‘‘with respect to those fiscal years’’; and appropriations for the support of the Govern- ‘‘a biennial’’; (C) by striking ‘‘in that year’’ each place it ment shall be as follows: ‘An Act making ap- (B) in paragraph (1) by inserting after appears and inserting ‘‘in those fiscal years’’. propriations (here insert the object) for each ‘‘program activity’’ the following: ‘‘for both (c) ESTIMATED EXPENDITURES OF LEGISLA- fiscal year in the biennium of fiscal years years 1 and 2 of the biennial plan’’; TIVE AND JUDICIAL BRANCHES.—Section (here insert the fiscal years of the bien- (C) in paragraph (5) by striking ‘‘and’’ after 1105(b) of title 31, United States Code, is nium).’. the semicolon, amended by striking ‘‘each year’’ and insert- ‘‘(b) All Acts making regular appropria- (D) in paragraph (6) by striking the period ing ‘‘each even-numbered year’’. tions for the support of the Government and inserting a semicolon; and inserting (d) RECOMMENDATIONS TO MEET ESTIMATED shall be enacted for a biennium and shall ‘‘and’’ after the inserted semicolon; and DEFICIENCIES.—Section 1105(c) of title 31, specify the amount of appropriations pro- (E) by adding after paragraph (6) the fol- United States Code, is amended— vided for each fiscal year in such period. lowing: (1) by striking ‘‘the fiscal year for’’ the ‘‘(c) For purposes of this section, the term ‘‘(7) cover a 2-year period beginning with first place it appears and inserting ‘‘each fis- ‘biennium’ has the same meaning as in sec- the first fiscal year of the next biennial cal year in the biennium for’’; tion 3(11) of the Congressional Budget and budget cycle.’’; (2) by striking ‘‘the fiscal year for’’ the Impoundment Control Act of 1974 (2 U.S.C. (2) in subsection (d) by striking ‘‘annual’’ second place it appears and inserting ‘‘each 622(11)).’’. and inserting ‘‘biennial’’; and

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4127 (3) in paragraph (6) of subsection (f) by ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS ports more than 836,000 jobs, more than striking ‘‘annual’’ and inserting ‘‘biennial’’. BILLS 20 percent of total State employment, (d) MANAGERIAL ACCOUNTABILITY AND ‘‘SEC. 317. It shall not be in order in the generates more than $16.6 billion in FLEXIBILITY.—Section 9703 of title 31, United House of Representatives or the Senate in wages, and brings in more than $5.5 bil- States Code, relating to managerial account- any odd-numbered year to consider any reg- ability, is amended— lion in tax revenues to the State. ular bill providing new budget authority or a Until the Bush administration came (1) in subsection (a)— limitation on obligations under the jurisdic- (A) in the first sentence by striking ‘‘an- tion of any of the subcommittees of the Com- into office, there was no reason to sus- nual’’; and mittees on Appropriations for only the first pect that drilling was even a remote (B) by striking ‘‘section 1105(a)(29)’’ and in- fiscal year of a biennium, unless the pro- possibility. Since 1982, a statutory serting ‘‘section 1105(a)(28)’’; gram, project, or activity for which the new moratorium on leasing activities in (2) in subsection (e)— budget authority or obligation limitation is most Outer Continental Shelf, OCS, (A) in the first sentence by striking ‘‘one provided will require no additional authority areas has been included annually in In- or’’ before ‘‘years’’; beyond 1 year and will be completed or ter- (B) in the second sentence by striking ‘‘a terior appropriations acts. In addition, minated after the amount provided has been President George H.W. Bush declared a subsequent year’’ and inserting ‘‘a subse- expended.’’. quent 2-year period’’; and (b) AMENDMENT TO TABLE OF CONTENTS.— leasing moratorium on many OCS (C) in the third sentence by striking The table of contents set forth in section 1(b) areas on June 26, 1990, under section 12 ‘‘three’’ and inserting ‘‘4’’. of the Congressional Budget and Impound- of the OCS Lands Act. On June 12, 1998, (e) PILOT PROJECTS FOR PERFORMANCE ment Control Act of 1974 is amended by add- President Clinton used the same au- BUDGETING.—Section 1119 of title 31, United ing after the item relating to section 316 the thority to issue a memorandum to the States Code, is amended— following new item: (1) in paragraph (1) of subsection (d), by Secretary of the Interior that extended striking ‘‘annual’’ and inserting ‘‘biennial’’; ‘‘Sec. 317. Consideration of biennial appro- the moratorium through 2012 and in- and priations bills.’’. cluded additional OCS areas. (2) in subsection (e), by striking ‘‘annual’’ SEC. 9. REPORT ON TWO-YEAR FISCAL PERIOD. Given the longstanding consensus and inserting ‘‘biennial’’. Not later than 180 days after the date of against drilling in these areas, I was (f) STRATEGIC PLANS.—Section 2802 of title enactment of this Act, the Director of OMB deeply disturbed to discover that on shall— 39, United States Code, is amended— May 31, 2001, the Minerals Management (1) is subsection (a), by striking ‘‘Sep- (1) determine the impact and feasibility of tember 30, 1997’’ and inserting ‘‘September changing the definition of a fiscal year and Service released a request for pro- 30, 2005’’; the budget process based on that definition posals, RFP, to conduct a study of the (2) by striking ‘‘five years forward’’ and in- to a 2-year fiscal period with a biennial budg- environmental impacts of drilling in serting ‘‘6 years forward’’; et process based on the 2-year period; and the Mid- and North-Atlantic. The RFP (3) in subsection (b), by striking ‘‘at least (2) report the findings of the study to the noted that ‘‘there are areas with some every three years’’ and inserting ‘‘at least Committees on the Budget of the House of reservoir potential, for example off the every 4 years’’; and Representatives and the Senate. coast of New Jersey.’’ In addition, the (4) in subsection (c), by inserting a comma SEC. 10. EFFECTIVE DATE. RFP explained that the study would be after ‘‘section’’ the second place it appears (a) IN GENERAL.—Except as provided in sec- and inserting ‘‘including a strategic plan tions 8 and 10 and subsection (b), this Act conducted ‘‘in anticipation of man- submitted by September 30, 2005 meeting the and the amendments made by this Act shall aging the exploitation of potential and requirements of subsection (a)’’. take effect on January 1, 2007, and shall proven reserves.’’ I believed that the (g) PERFORMANCE PLANS.—Section 2803(a) apply to budget resolutions and appropria- RFP was inappropriate and misguided, of title 39, United States Code, is amended— tions for the biennium beginning with fiscal and I was pleased when at my urging (1) in the matter before paragraph (1), by year 2008. and the urging of other coastal Sen- striking ‘‘an annual’’ and inserting ‘‘a bien- (b) AUTHORIZATIONS FOR THE BIENNIUM.— ators, the administration rescinded it. nial’’; For purposes of authorizations for the bien- After our strong bipartisan coalition (2) in paragraph (1), by inserting after nium beginning with fiscal year 2006, the ‘‘program activity’’ the following: ‘‘for both provisions of this Act and the amendments fought off the Department of the Inte- years 1 and 2 of the biennial plan’’; made by this Act relating to 2-year author- rior RFP, our coastal coalition came (3) in paragraph (5), by striking ‘‘and’’ izations shall take effect January 1, 2005. together again to fight off the Outer after the semicolon; Continental Shelf inventory provisions (4) in paragraph (6), by striking the period By Mr. CORZINE (for himself and of last year’s energy bill. The bill di- and inserting ‘‘; and’’; and Mr. LAUTENBERG): rected the Department of the Interior (5) by adding after paragraph (6) the fol- S. 878. A bill to amend the Outer Con- to inventory all potential oil and nat- lowing: tinental Shelf Lands Act to perma- ural gas resources in the entire Outer ‘‘(7) cover a 2-year period beginning with nently prohibit the conduct of offshore the first fiscal year of the next biennial Continental Shelf, including areas off budget cycle.’’. drilling on the Outer Continental Shelf of the New Jersey coast. The bill would (h) COMMITTEE VIEWS OF PLANS AND RE- in the Mid-Atlantic and North Atlantic have allowed the use of seismic sur- PORTS.—Section 301(d) of the Congressional planning areas; to the Committee on veys, dart core sampling, and other ex- Budget Act (2 U.S.C. 632(d)) is amended by Energy and Natural Resources. ploration technologies, all of which adding at the end ‘‘Each committee of the Mr. CORZINE. Mr. President, today, would leave these areas vulnerable to Senate or the House of Representatives shall along with Senator LAUTENBERG, I am oil spills, drilling discharges and dam- review the strategic plans, performance introducing legislation, the Clean plans, and performance reports, required age to coastal wetlands. under section 306 of title 5, United States Ocean and Safe Tourism Anti-Drilling These provisions run directly counter Code, and sections 1115 and 1116 of title 31, Act, or COAST Anti-Drilling Act, to to language that Congress has included United States Code, of all agencies under the ban oil and gas drilling off the Mid-At- annually in appropriations bills to pre- jurisdiction of the committee. Each com- lantic and Northern Atlantic coast. vent leasing, preleasing, and related mittee may provide its views on such plans The people of New Jersey, and other activities in most areas of the Outer or reports to the Committee on the Budget residents of States along the Atlantic Continental Shelf, including areas off of the applicable House.’’. Coast, do not want oil or gas rigs any- the New Jersey coast. Fortunately, (i) EFFECTIVE DATE.— where near their treasured beaches and (1) IN GENERAL.—The amendments made by this provision was dropped last year, this section shall take effect on March 1, fishing grounds. Such drilling poses se- but it is likely that it will resurface 2005. rious threats not only to our environ- during debate on the Energy bill this (2) AGENCY ACTIONS.—Effective on and after ment, but to our economy, which de- year, and it is clear that we need to the date of enactment of this Act, each agen- pends heavily on tourism along our once and for all ban drilling off the cy shall take such actions as necessary to shore. Coastal tourism is New Jersey’s coast of New Jersey and the rest of the prepare and submit any plan or report in ac- second-largest industry, and the New Mid- and North-Atlantic. cordance with the amendments made by this Jersey Shore is one of the fastest grow- So considering the minimal benefit Act. ing regions in the country. According and significant downside of drilling off SEC. 8. BIENNIAL APPROPRIATIONS BILLS. (a) IN GENERAL.—Title III of the Congres- to the New Jersey Department of Com- the coast of New Jersey, it is not worth sional Budget Act of 1974 (2 U.S.C. 631 et seq.) merce, tourism in the Garden State threatening over 800,000 New Jersey is amended by adding at the end the fol- generates more than $31 billion in jobs to recover what the MMS esti- lowing: spending, directly and indirectly sup- mated in 2000 to be 196 million barrels

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4128 CONGRESSIONAL RECORD — SENATE April 21, 2005 of oil, only enough to last the country rent and former members of the Com- U.S.C. 4102(d)(1)) is amended in the second barely 10 days. mission will not be eligible. Awards sentence by striking ‘‘90 days’’ and inserting I certainly don’t think it is worth the will be capped at a symbolic amount of ‘‘, in the case of the chairperson, 120 days, risk, and it is time for Congress to act $1,000, but the recognition by each win- and, in the case of any other member, 90 days,’’. to resolve this question once and for ner’s scientific peers will be invaluable. (b) REDESIGNATION.—Section 103(d)(2) of the all. That is why I am introducing the Third and finally, the bill will allow Arctic Research and Policy Act of 1984 (15 COAST Anti-Drilling Act. The Clean the Commission to reciprocate in the U.S.C. 4102(d)(2)) is amended by striking Ocean and Safe Tourism Anti-Drilling expected manner when foreign delega- ‘‘Chairman’’ and inserting ‘‘chairperson’’. Act would permanently ban drilling for tions host a reception or other event. SEC. 3. COMMISSION AWARDS FOR EXCELLENCE oil, gas and other minerals in the Mid- This provision is limited to no more IN RESEARCH. and North-Atlantic. than two-tenths of a percent of the (a) AUTHORITY.—Section 104 of the Arctic I look forward to working with my Commission budget—as with the award Research and Policy Act of 1984 (15 U.S.C. colleagues to enact this important leg- 4103) is amended— program, the value is primarily sym- (1) by redesignating subsection (b) as sub- islation. Doing so would ensure the bolic, but is nonetheless important. section (c); and people of New Jersey and neighboring Although these are small changes, (2) by inserting after subsection (a) the fol- States that they need not fear the they will help ensure a smoothly func- lowing new subsection: specter of oil rigs off their beaches. tioning Arctic Research Act, and that ‘‘(b) COMMISSION AWARDS FOR EXCELLENCE I ask unanimous consent that the is important. Although it is not some- IN RESEARCH.— text of the bill be printed in the thing you hear about on a daily basis, ‘‘(1) IN GENERAL.—Each year, the Commis- RECORD. the United States is a leader in the sion may make a cash award to any person There being no objection, the bill was in recognition of excellence in Arctic re- very small circle of Arctic nations, and search conducted by such person or out- ordered to be printed in the RECORD, as the Congress plays a major role in en- standing support of Arctic research provided follows: suring that we remain a leader in this by such person. S. 878 critically important sphere. And make ‘‘(2) AMOUNT.—The amount of a cash award Be it enacted by the Senate and House of Rep- no mistake about it, the Arctic is crit- made to a person under paragraph (1) shall resentatives of the United States of America in ical to this country for social, stra- be fixed by the Commission and shall not ex- Congress assembled, tegic, economic and scientific reasons ceed $1,000. SECTION 1. SHORT TITLE. that are simply too plentiful to enu- ‘‘(3) INELIGIBILITY OF COMMISSION MEM- This Act may be cited as the ‘‘Clean Ocean BERS.—An individual who is or has been a merate at this time. member of the Commission shall be ineli- and Safe Tourism Anti-Drilling Act’’ or the The main purposes of the Arctic Re- ‘‘COAST Anti-Drilling Act’’. gible to receive an award under paragraph search and Policy Act are: 1, to estab- (1).’’. SEC. 2. PROHIBITION OF OIL AND GAS LEASING lish national policy for basic and ap- (b) TECHNICAL AMENDMENTS.—Section 104 IN CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF. plied research on Arctic resources and of such Act, as amended by subsection (a), is Section 8 of the Outer Continental Shelf materials, physical, biological and further amended— Lands Act (43 U.S.C. 1337) is amended by add- health sciences, and social and behav- (1) by inserting ‘‘DUTIES OF COMMISSION.—’’ ing at the end the following: ioral sciences; 2, to establish the U.S. before ‘‘The Commission’’ in subsection (a); and ‘‘(p) PROHIBITION OF OIL AND GAS LEASING Arctic Research Commission to pro- IN CERTAIN AREAS OF THE OUTER CONTI- (2) by inserting ‘‘REPORT.—’’ before ‘‘Not mote Arctic research and to rec- later than’’ in subsection (c). NENTAL SHELF.—Notwithstanding any other ommend research policies; 3, to des- provision of this section or any other law, SEC. 4. REPRESENTATION AND RECEPTION AC- the Secretary of the Interior shall not issue ignate the National Science Founda- TIVITIES. a lease for the exploration, development, or tion as the lead agency for imple- Section 106 of the Arctic Research and Pol- production of oil, natural gas, or any other menting Arctic research; and, 4, to es- icy Act of 1984 (15 U.S.C. 4105) is amended— mineral in— tablish the Interagency Arctic Re- (1) by striking ‘‘and’’ at the end of para- ‘‘(1) the Mid-Atlantic planning area; or search Policy Committee, IARPC, graph (4); ‘‘(2) the North Atlantic planning area.’’. which is responsible for coordinating a (2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; and multiplicity of Arctic research efforts By Ms. MURKOWSKI: (3) by adding at the end the following: throughout the government. ‘‘(6) expend for representation and recep- S. 879. A bill to make improvements As we continue to see evidence of to the Arctic Research and Policy Act tion expenses each fiscal year not more than Arctic warming—whether or not we 0.2 percent of the amounts made available to of 1984; to the Committee on Homeland consider it to be human-caused or nat- the Commission under section 111 for such Security and Governmental Affairs. ural, global or regional—it is of tre- fiscal year.’’. Ms. MURKOWSKI. Mr. President, it mendous importance to prepare as best has been 20 years since the passage of we can. The future may hold both By Mrs. BOXER (for herself and the Arctic Research and Policy Act of positives—such as increased agricul- Mrs. FEINSTEIN): 1984, a bill sponsored by the former tural production and access to natural S. 880. A bill to expand the bound- Senator Murkowski. The time has resources—and negatives—such as aries of the Gulf of the Farallones Na- come to make some modifications to widespread damage to existing infra- tional Marine Sanctuary and the reflect the experience we’ve gained structure, flooding, and sweeping social Cordell Bank National Marine Sanc- over that time. changes. The Arctic Research Commis- tuary; to the Committee on Environ- I’m pleased to note that the amend- sion plays a vital role and deserves our ment and Public Works. ments I introducing today are really full support. Mrs. BOXER. Mr. President, today I very modest, an indication that the I ask unanimous consent that the am introducing the Gulf of the act—and the presidential commission text of the bill be printed in the Farallones and Cordell Bank National it created—have functioned quite well. Marine Sanctuaries Boundary Modi- RECORD. These minimal changes will, I hope, There being no objection, the bill was fication and Protection Act. I am make them function even more joined in this effort by Senator FEIN- ordered to be printed in the RECORD, as smoothly. follows: STEIN and Representative LYNN WOOL- First, the chairman of the Arctic Re- SEY who has introduced the companion search Commission will be authorized S. 879 bill in the other body. compensation for an additional 30 days Be it enacted by the Senate and House of Rep- The Gulf of the Farallones and the of work during the course of a year. resentatives of the United States of America in adjacent Cordell Bank are rich with Congress assembled, That is still far less than the actual wildlife and are visually spectacular. SECTION 1. SHORT TITLE. number of days demanded by the posi- They are one of California’s—indeed This Act may be cited as the ‘‘Arctic Re- tion, but will help. Second, the bill will search and Policy Amendments Act of 2005’’. America’s—great natural treasures. allow the Commission to stimulate ad- Thirty-three marine mammal species SEC. 2. CHAIRPERSON OF THE ARCTIC RE- ditional interest in Arctic research by SEARCH COMMISSION. use this area. Over half of these are establishing a professional award pro- (a) COMPENSATION.—Section 103(d)(1) of the threatened or endangered. The sanc- gram for excellence in research. Cur- Arctic Research and Policy Act of 1984 (15 tuaries also contain one of the largest

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4129 populations of blue and humpback stagnant water continues to erode res- ciary responsibility for converting the whales in the world. Every summer, ervation lands today. Spokane Tribe’s resource to its own many grey whales dwell in the bound- The legislation Senators INOUYE, benefit. Senators INOUYE, MURRAY and aries and neighboring waters of the MURRAY and I are introducing today is I believe that the legislation we are sanctuaries. In addition, birds rely on similar to P.L. 103–436, which was en- proposing today will finally bring a fair the rich waters and surrounding land acted in 1994 to provide just compensa- and honorable closure to these mat- for nesting, feeding, and rearing of tion to the neighboring Confederated ters. We are pleased that similar bipar- their young. Colville Tribes. This bill would provide tisan legislation was also introduced As effective as the current bound- the Spokane Tribe of Indians with com- today in the U.S House of Representa- aries are in protecting this wildlife, pensation for the use of its lands for tives. new risks and a better understanding the production of hydropower by the I look forward to working with the of the ecosystem necessitate extending Grand Coulee Dam under a formula Indian Affairs Committee and Senate the existing boundaries. based in part on that by which the Con- colleagues as this legislation proceeds My legislation would expand the federated Tribes of the Colville Res- through the Congress. boundaries of the two existing national ervation were compensated in the marine sanctuaries to protect the en- Colville Tribes’ settlement legislation By Mr. DURBIN (for himself, Ms. tire Sonoma Coast. By expanding the in 1994. The Spokane Tribe lost lands STABENOW, Mr. WYDEN, Mr. boundaries of both the Gulf of the equivalent in area to 39.4 percent of the LAUTENBERG, Mr. BAYH, Mr. Farallones and Cordell Bank National lands lost to Colville Tribes a settle- LEAHY, Mr. LIEBERMAN, Mrs. Marine Sanctuaries, the bill will pro- ment based solely on this factor would BOXER, Mr. KENNEDY, Mr. REED, tect the Russian and Gualala River es- result in a proportional payment of 39.4 Mrs. CLINTON, Mr. CORZINE, Mr. tuaries and the nutrient-rich Bodega percent to the Spokane Tribe. This was KERRY, Mr. FEINGOLD, and Mr. Canyon from offshore oil drilling and the formula basis for similar Spokane SCHUMER): S. 882. A bill to designate certain pollution. settlement legislation introduced in Federal land in the State of Utah as Expanding these marine sanctuaries the Senate and House in the 107th, wilderness, and for other purposes; to will help to ensure that they remain 108th, and 109th Congress. However, the Committee on Energy and Natural the treasures they are. I urge my col- based upon good faith, honorable and Resources. leagues to support this bill. extensive negotiations by and between the Spokane Tribe, the Bonneville Mr. DURBIN. Mr. President, I rise By Ms. CANTWELL (for herself, Power Administration, the Bureau of today to introduce America’s Red Rock Wilderness Act of 2005. This legislation Mr. MCCAIN, Mr. DORGAN, Mrs. Reclamation the National Park Serv- continues our Nation’s commitment to MURRAY, and Mr. INOUYE): ice during the past year, this percent- S. 881. A bill to provide for equitable age has been reduced to 29 percent in preserve our natural heritage. Preser- compensation to the Spokane Tribe of recognition of the fact that certain vation of our Nation’s vital natural re- Indians of the Spokane Reservation for lands taken for the construction of the sources will be one of our most impor- tant legacies. the use of tribal land for the produc- Grand Coulee Dam would be restored to Unfortunately, remaining wilderness tion of hydropower by the Grand Cou- the Spokane Tribe under the terms of areas are increasingly threatened and this legislation. The legislation re- lee Dam, and for other purposes; to the degraded by oil and gas development, serves a perpetual right, power, and Committee on Indian Affairs. mining, claims of rights of way, log- Ms. CANTWELL. Mr. President, I easement over the land transferred to ging and off-road vehicles. America’s carry out the Columbia Basin Project rise today to introduce legislation with Red Rock Wilderness Act will des- under the Columbia Basin Project Act, my colleague from Washington State, ignate 9.5 million acres of land man- 16 U.S.C. 835 et seq. Senator MURRAY, and former Senate aged by the Bureau of Land Manage- The United States has a trust respon- Indian Affairs Committee chairman, ment, BLM, in Utah as wilderness sibility to maintain and protect the in- Senator INOUYE of Hawaii. The bill I under the Wilderness Act. Wilderness tegrity of all tribal lands with its bor- submit today, which is identical to S. designation will preserve the land’s ders. When Federal actions physically 1438 which passed the Senate unani- wilderness character, along with the or economically impact or harm, our mously on November 19, 2004, provides values associated with that wilderness; Nation has a legal responsibility to ad- an equitable settlement of a longer scenic beauty, solitude, wildlife, geo- dress and compensate the damaged par- standing injustice to the Spokane logical features, archaeological sites, ties. Unfortunately, despite countless Tribe of Indians. and other features of scientific, edu- effort, half a century has passed with- For more than half a century, the Co- cational and historical value. lumbia Basin Project has made an ex- out justice to the Spokane people. America’s Red Rock Wilderness Act traordinary contribution to this Na- In hearings before the Senate Com- will provide wilderness protection for tion. It helped pull the economy out of mittee on Indian Affairs on October 2, red rock cliffs offering spectacular vis- the Great Depression. It provided the 2003, Robert A. Robinson, Managing Di- tas of rare rock formations, canyons electricity that produced aluminum re- rector, Natural Resources and Environ- and desert lands, important archae- quired for airplanes and weapons that ment, General Accounting Office testi- ological sites, and habitat for rare ensured our national security. The fied: plant and animal species. project continues to produce enormous A reasonable case can be made to settle Volunteers have taken inventories of revenues for the United States. It is a the Spokane Tribe’s case along the lines of thousands of square miles of BLM land key component of the agricultural the Colville settlement—a one-time payment in Utah to help determine which lands from the U.S. Treasury for past lost pay- economy in eastern Washington and ments for water power values and annual should be protected. These volunteers plays a pivotal role in the electric sys- payments primarily from Bonneville [BPA]. provided extensive documentation to tems serving the entire western United Bonneville continues to earn revenues from ensure that these areas meet Federal States. the Spokane reservation lands used to gen- wilderness criteria. The BLM also com- However, these benefits have come at erate hydropower. However, unlike the pleted a reinventory of approximately 6 a direct cost to tribal property that be- Colville Tribes, the Spokane Tribe does not million acres of Federal land in the came inundated when the U.S. Govern- benefit from these revenues. The Spokane same area. The results provide a con- ment built the Grand Coulee Dam. Be- Tribe does not benefit because it missed its vincing confirmation that the areas fore dam construction, the free flowing filing opportunity before the Indian Claims Commission. At that time it was pursuing designated for protection under this Columbia River supported robust and other avenues to win payments for the value bill meet Federal wilderness criteria. plentiful salmon runs and provided for of its land for hydropower. These efforts For more than 20 years Utah con- virtually all of the subsistence needs of would ultimately fail. Without congressional servationists have been working to add the Spokane Tribe. After construction, action, it seems unlikely that a settlement the last great blocks of undeveloped the Columbia and its Spokane River for the Spokane Tribe will occur. BLM-administered land in Utah to the tributary flooded tribal communities, The time has come for the Federal National Wilderness Preservation Sys- schools, and roads, and the remaining Government to finally meet its fidu- tem. The lands proposed for protection

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4130 CONGRESSIONAL RECORD — SENATE April 21, 2005 surround and connect eight of Utah’s and elsewhere were vulnerable to off- be protected in Southern Utah. I be- nine national park, monument and road vehicle abuse. Since this free-for- lieve that when the Senate considers recreation areas. These proposed BLM all era, BLM trail designations have wilderness legislation it ought to wilderness areas easily equal their helped to educate motorized users and know, as a benchmark, the full meas- neighboring national parklands in sce- direct use to appropriate areas. Stew- ure of those lands which are deserving nic beauty, opportunities for recre- ardship over the long-term is still of wilderness protection. This bill en- ation, and ecological importance. Yet, needed to ensure that our wilderness compasses all the BLM lands of wilder- unlike the parks, most of these scenic legacy remains intact. ness quality in Utah. Unfortunately, treasures lack any form of long-term America’s Red Rock Wilderness Act the Senate has not always had the ben- protection. is a lasting gift to the American public. efit of considering wilderness designa- While my legislation would unambig- By protecting this serene yet wild land tions for all of the deserving lands in uously protect Utah’s red rock wilder- we are giving future generations the Southern Utah. During the 104th Con- ness, the question of preserving these opportunity to enjoy the same gress, I joined with the former Senator lands for future generations now also untrammeled landscape that so many from New Jersey, Mr. Bradley, in op- looms before the BLM. Not since the now cherish. posing that Congress’s Omnibus Parks BLM conducted its inventories of Utah I’d like to thank all of my colleagues legislation. It contained provisions, public lands in the early 1980s has the who are original cosponsors of this which were eventually removed, that agency had such a promising oppor- measure this year, many of whom have many in my home state of Wisconsin tunity to recognize and care for Utah’s supported the bill since it was first in- believed not only designated as wilder- wilderness. Whether the BLM realizes troduced. The original cosponsors of ness too little of the Bureau of Land this opportunity has yet to be seen. the measure are Senators STABENOW, Management’s holding in Utah deserv- Today, nearly 6 million acres of WYDEN, FEINGOLD, LAUTENBERG, BAYH, ing of such protection, but also sub- wildlands that my legislation would LEAHY, LIEBERMAN, BOXER, KENNEDY, stantively changed the protections af- protect are involved in the BLM’s land REED, CLINTON, CORZINE and KERRY. forded designated lands under the Wil- use planning process. As I understand, Additionally, I would like to thank The derness Act of 1964. the BLM will be making lasting deci- Utah Wilderness Coalition, which in- The lands of Southern Utah are very sions about what places should be pre- cludes The Wilderness Society and Si- special to the people of Wisconsin. In served or developed, roaded or left erra Club; The Southern Utah Wilder- writing to me over the last few years, unroaded, or designated for off-road ve- ness Alliance; and all of the other na- my constituents have described these hicle travel. These policies will stand tional, regional and local, hard-work- lands as places of solitude, special fam- for as much as 15 to 20 years, a time- ing groups who, for years, have cham- ily moments, and incredible beauty. In span long enough to leave a lasting pioned this legislation. December 1997, Ron Raunikar of Madi- mark on this landscape. Theodore Roosevelt once stated: son, Wisconsin’s Capital Times wrote: We must be clear about the impact of The Nation behaves well if it treats the Other remaining wilderness in the U.S. is these plans. Fundamentally, the ad- natural resources as assets which it must at first daunting, but then endearing and al- ministration is choosing how it will act turn over to the next generation increased ways a treasure for all Americans. The sen- and not impaired in value. sually sculpted slickrock of the Colorado as stewards for our wild and scenic Plateau and windswept crag lines of the places. These plans in Utah will pro- Enactment of this legislation will Great Basin include some of the last of our foundly influence many fragile desert help us realize Roosevelt’s vision. In country’s wilderness, which is not fully pro- lands that would be protected under order to protect these precious re- tected. America’s Red Rock Wilderness Act. sources in Utah for future generations, We must ask our elected officials to re- Places like the San Rafael Swell, the I urge my colleagues to support Amer- dress this circumstance, by enacting legisla- ica’s Red Rock Wilderness Act. tion which would protect those national Book Cliffs, the Canyonlands Basin, lands within the boundaries of Utah. This and Moab/La Sal Region now hang in Mr. FEINGOLD. Mr. President, I am wilderness is a treasure we can lose only the balance. very pleased to again join the senior once or a legacy we can be forever proud to I believe Americans understand the Senator from Illinois, Mr. DURBIN, as bestow to our children. need for wise and balanced stewardship an original co-sponsor of legislation to I believe that the measure being in- of these wild landscapes. Unfortu- designate more than one million acres troduced today will accomplish that nately, the administration has pro- of Bureau of Land Management, BLM, goal. The measure protects wild lands posed little or no serious protections lands in Utah as wilderness. that really are not done justice by any for Utah’s most majestic places. In- I had an opportunity to travel twice description in words. In my trip I found stead, the BLM appears to lack a solid to Utah. I viewed firsthand some of the widely varied and distinct terrain, re- conservation ethic and routinely favors lands that would be designated for wil- markable American resources of red development and consumptive uses of derness under Senator DURBIN’s bill. I rock cliff walls, desert, canyons and our wild public land. was able to view most of the proposed gorges which encompass the canyon The administration has a decidedly wilderness areas from the air, and was country of the Colorado Plateau, the different approach on the fate of some able to enhance my understanding Mojave Desert and portions of the of our remaining wilderness. Under the through hikes outside the Zion Na- Great Basin. The lands also include Price plan, the BLM leaves 98 percent tional Park on the Dry Creek Bench mountain ranges in western Utah, and of the region’s lands in America’s Red wilderness unit contained in this pro- stark areas like the Grand Staircase- Rock Wilderness Act, outside of al- posal and inside the Grand Staircase- Escalante National Monument. These ready protected areas, open to oil and Escalante National Monument to regions appeal to all types of American gas drilling. Sadly, the Green River, Upper Calf Creek Falls. I also viewed outdoor interests from hikers and which cuts deep into the rugged Book the lands proposed for designation in sightseers to hunters. Cliffs forming the sandstone cliffs of this bill from a river trip down the Col- Phil Haslanger of the Capital Times, Desolation Canyon, and other natural orado River, and in the San Rafael answered an important question I am wonders are being jeopardized by the Swell with members of the Emery often asked when people want to know BLM for a negligible amount of oil. County government. why a Senator from Wisconsin would The BLM has made important head- I support this legislation for a num- co-sponsor legislation to protect lands way in protecting America’s Red Rock ber of reasons, but most of all because in Utah. He wrote on September 13, 1995 Wilderness from off-road vehicle abuse, I have personally seen what is at stake, simply that: but more can still be done to safely and and I know the marvelous resources ‘‘These are not scenes that you could see in effectively plan for off-road vehicle that Wisconsinites and all Americans Wisconsin. That’s part of what makes them recreation. Just 5 years ago, 94 percent own in the BLM lands of Southern special.’’ of BLM public land in Utah lacked pro- Utah. He continues, and adds what I think tection from motorized vehicle abuse. Second, I support this legislation be- is an even more important reason to As open BLM areas, many fragile lands cause I believe it sets the broadest and act to protect these lands than the in America’s Red Rock Wilderness Act boldest mark for the lands that should landscape’s uniqueness:

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4131 ‘‘the fight over wilderness lands in Utah is a of adequate financial investment in our In Tennessee, we have tried to deal test case of sorts. The anti-environmental parks has left them in a state of dis- with the maintenance backlog in a factions in Congress are trying hard to re- repair and neglect. A multi-billion dol- number of different ways. More than move restrictions on development in some of the nation’s most splendid areas.’’ lar maintenance backlog has cast a 2,100 volunteers have provided over long shadow over the glory of our na- 110,000 man-hours of service to the Ten years later, Wisconsinites are tional park heritage. An annual oper- park, which is the equivalent of 50 staff still watching this test case. I believe ating deficit estimated at $600 million that Wisconsinites view the outcome of and $1.9 million in extra funding. has further diminished the integrity of this fight to save Utah’s lands as a sign That’s the third best volunteer rate in national park programs and facilities. the National Park System. of where the Nation is headed with re- The National Parks Centennial Act spect to its stewardship of natural re- Our local communities in Tennessee would allow all Americans to con- and North Carolina have established a sources. What Haslanger’s comments tribute to the restoration of the parks make clear is that while some in Con- non-profit organization to help support through the creation of a Centennial gress may express concern about cre- the park—‘‘Friends of the Smokies’’— Fund with monies generated by a ating new wilderness in Utah, wilder- which has raised more than $8 million check-off box on federal tax returns. ness, as Wisconsinites know, is not cre- since its founding in 1993 through indi- The funds collected will be directed to ated by legislation. Legislation to pro- vidual, corporate and foundation con- the priority maintenance and oper- tect existing wilderness simply ensures tributions, merchandise sales, special ation needs of the national parks to that future generations may have an events, and sales of specialty license make them fiscally sound by 2016. experience on public lands equal to plates in Tennessee and North Caro- What better way or time to dem- that which is available today. The ac- lina. Friends now has over 2,000 mem- tion of Congress to preserve wild lands onstrate that ‘‘we are worthy of the bers. In addition to its fundraising ac- by extending the protections of the good fortune of our parks’’? tivities, Friends of the Smokies coordi- I commend the National Parks Con- Wilderness Act of 1964 will publicly nates more than 80 volunteers who pro- servation Association for promoting codify that expectation and promise. vide direct and indirect assistance with Finally, this legislation has earned this sound and innovative approach to projects that benefit Great Smoky my support, and deserves the support remedying the significant deteriora- Mountains National Park. of others in this body, because all of tion of our parks. A companion House Yet, despite all this extra support, the acres that will be protected under bill has been introduced by Representa- the backlog in the Great Smoky Moun- this bill are already public lands held tives SOUDER and BAIRD with solid bi- tains National Park remains signifi- in trust by the Federal Government for partisan support. cant. The Park’s current maintenance Surely this is legislation that we can the people of the United States. Thus, backlog is estimated at approximately all agree on and support. All of our while they are physically located in $180 million dollars. It is estimated lives have been enriched by our Na- Utah, their preservation is important that the Great Smokies will receive up tional Parks. This bill provides an op- to the citizens of Wisconsin, as it is for to $36 million over the next 5 years to other Americans. portunity to show our appreciation to restore and maintain our country’s cul- address the maintenance backlog. I am eager to work with my col- There is over a $140 million shortfall at league from Illinois, Mr. DURBIN, to tural and natural heritage for genera- tions to come. The passage of this leg- the Great Smokies alone. protect these lands. I commend him for Examples of maintenance backlog introducing this measure. islation will ensure that our national parks will have a glorious 100th birth- projects at the Smokies are: Rehabilitation of North Shore Ceme- By Mr. MCCAIN (for himself, Mr. day to celebrate. Let’s get on with it! tery access routes; rehabilitation of ALEXANDER, Mr. LIEBERMAN, Mr. ALEXANDER. Today I am join- three comfort stations at Balsam Mr. SALAZAR, and Mrs. FEIN- ing with Senators MCCAIN, LIEBERMAN, Mountain; rehabilitation of three com- STEIN): SALAZAR and FEINSTEIN in introducing S. 886. A bill to eliminate the annual the National Park Centennial Act—a fort stations at Chimney Tops picnic operating deficit and maintenance bill to make the National Park System area; rehabilitation of Newfound Gap backlog in the national parks, and for fiscally sound by its 100th birthday in Road, phase one; replace obsolete other purposes; to the Committee on 2016. The park system currently suffers parkwide key system; repave Cling- Finance. from a multi-billion dollar backlog of mans Dome Trail. Mr. MCCAIN. Mr. President, I am maintenance projects and an operating We need to do better. It will be hard pleased to be joined today by Senators deficit that exceeds $600 million each to do better in this budget environ- ALEXANDER, LIEBERMAN, SALAZAR, and year. ment. So this is an innovative way to FEINSTEIN in introducing legislation to The Centennial Act aims to remedy help the parks do better. restore and maintain our National this crisis by giving tax-payers the op- Sixty percent of this fund will go to Parks by the centennial anniversary of portunity to check off a box on their maintenance backlogs. Forty percent the National Park System in 2016. tax returns each year that would send of this fund will supplement the annual Heralding the establishment of the a small contribution to a National operating deficits at the parks. This first National Parks, President Theo- Park Centennial Fund. Today, tax- program will terminate in 2016. dore Roosevelt stated, ‘‘We have fallen payers can contribute $3 to Presi- Parallel legislation has already been heirs to the most glorious heritage a dential elections. This Act gives tax- introduced in the House of Representa- people ever received, and each one payers an opportunity to contribute di- tives, including Congressman JIMMY must do his part if we wish to show rectly to our national parks via their DUNCAN. I hope Congress will move that the nation is worthy of its good tax returns. quickly to address this critical need of fortune.’’ Our parks are national treasures, and our national parks. And what a priceless fortune Ameri- they deserve to be preserved in all Our national parks are national cans enjoy—Yellowstone, the Grand their pristine glory. They are a part of treasures. They are a part of our herit- Canyon, Yosemite, the Tetons, Mt. our heritage. age, a part of who we are as Americans. Rushmore, the Everglades, and hun- It is a national travesty that they We need to take care of these parks so dreds of other extraordinary national suffer from such a terrible lack of fund- that they are still there, in all their parks that grace our country. Hundreds ing. The overall backlog, according to glory, and still accessible for many of millions of families and visitors the Congressional Research Service, is generations to come. from all over the world have visited about $7 billion, though estimates vary these parks for recreational, edu- by about $2 billion in either direction. By Mr. SALAZAR: cational, and cultural opportunities as My own State, along with our neigh- S. 888. A bill to direct the Depart- well as the sheer pleasure of being sur- bor North Carolina, is home to the ment of Homeland Security to provide rounded by their natural beauty or his- country’s most visited national park, guidance and training to State and torical significance. the Great Smoky Mountains National local governments relating to sensitive Unfortunately, all of this public en- Park. I live just a few miles from the homeland security information, and for joyment and use coupled with the lack park myself. other purposes; to the Committee on

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4132 CONGRESSIONAL RECORD — SENATE April 21, 2005 Homeland Security and Governmental ing any document sent to, from, or on homeland security plans, State-level grants, Affairs. behalf of the State Office of Prepared- and intelligence gathered by local law en- Mr. SALAZAR. Mr. President, I rise ness, Security and Fire Safety. Local forcement agencies; today to introduce an important piece officials have trouble acquiring State (3) State and local government officials have— of legislation to help our local first re- information to help them develop (A) a wide variety of approaches for han- sponders and emergency officials bet- antiterrorism plans, and even State dling such information; ter prepare and respond to terrorist at- legislators can’t find out where home- (B) wasted precious resources battling over tacks. land security money is going. what information to make public and what State and local emergency officials State officials across the country information to keep secret; and represent more than 95 percent of have wasted precious resources bat- (C) established a wide array of procedures America’s counterterrorism capability. tling over what to make public and for sharing sensitive information among They are on the front lines of the war what to keep secret. They have estab- emergency management personnel; and on terror. Despite this, there is still a (4) the current system is inefficient and lished a wide array of procedures for has not ensured the adequate balance be- fundamental disconnect between what sharing sensitive information among tween protecting sensitive information and we do in Washington to help and what emergency management personnel. The ensuring that public officials and the public state and local officials actually need. current system of distributing home- have the information needed to keep the Na- Too often this happens because people land security intelligence and grants tion safe. in Washington are not listening to our funding is inefficient and has failed to SEC. 3. GUIDANCE FOR BEST PRACTICES RELAT- folks back home. ensure an adequate balance between ING TO SENSITIVE INFORMATION. One familiar example is homeland se- protecting sensitive information and (a) IN GENERAL.—Consistent with section curity grant funding. In the years fol- ensuring that first responders and the 201(d) of the Homeland Security Act of 2002 (6 lowing 9/11, the Federal Government public have the information they need U.S.C. 121(d)), the Under Secretary of Home- land Security for Information Analysis and put more money into homeland secu- to keep Coloradans and Americans rity than ever before. Office of Domes- Infrastructure Protection shall establish safe. best practices for State and local govern- tic Preparedness Grants increased 2,900 The legislation I am introducing ments to assist State and local governments percent from 2001 to 2003. The Federal would take three steps to clearing up in making determinations on— Government acted quickly to get this confusion and giving States the (1) the types of sensitive non-Federal money out the door, but in too many tools they need to better prepare and homeland security information (including lo- cases, the Feds did not give States the respond to terrorist attacks. cally generated homeland security plans, guidance they needed to best use that First, it establishes detailed best State-level grants, and intelligence gathered money. As a result, State officials were practices for State and local govern- by local law enforcement information agen- left scratching their heads. Money was cies) that— ments to help them determine what (A) should be made available to the public; wasted and local officials did not get homeland security information should or all the help they needed. be made public, what should remain (B) should be treated as information which The same is true with antiterrorism classified, and how different govern- should not be made available to the public; intelligence. Police and fire depart- ment entities and emergency personnel and ments across the country are being can share and use sensitive informa- (2) how to use and share sensitive home- bombarded with terrorism intelligence tion. land security information among State and from more than a dozen Federal Second, it establishes a training pro- local emergency management personnel. sources. State officials are getting ex- gram to spread these best practices (b) EFFECT ON STATE AND LOCAL GOVERN- pensive Federal security clearances so MENTS.—Nothing under subsection (a) shall among state and local officials. be construed to— that they can review spy reports. But Third, it directs the Department of (1) require any State or local government State and local officials are not getting Homeland Security to provide more de- to comply with any best practice established the guidance they need to help them tailed instructions to State and local under that subsection; or talk to each other. officials about how to manage informa- (2) preempt any State or local law. Police, firemen, and EMTs are the tion about homeland security grants SEC. 4. TRAINING. first people on site during an emer- that are applied for and awarded by The Director of the Office for Domestic gency, whether it is a terrorist attack DHS. Preparedness shall— or car accident. Our first responders This bill will give emergency officials (1) establish a training curriculum based must be given the information they across the country the tools they need on the best practices established under sec- need to safely handle any situation, so that they do not have to waste pre- tion 3; and the training they need to protect the (2) provide training to State and local gov- cious resources remaking the wheel on ernments using that curriculum. public and the access to grants to pur- homeland security information shar- chase the proper tools to do their ing. SEC. 5. GUIDANCE ON GRANT INFORMATION. jobs—this legislation, if passed, will I ask unanimous consent that the Not later than 180 days after the date of enactment of this Act, the Secretary of help do just that. text of the bill be printed in the Right now, there are surprisingly few Homeland Security shall publish in the Fed- RECORD. eral Register detailed instructions for State uniform standards for non-Federal There being no objection, the bill was and local governments on the management agencies to handle sensitive homeland ordered to be printed in the RECORD, as of information relating to homeland security security information. While there are follows: grants administered by the Department of detailed procedures for handling classi- S. 888 Homeland Security. fied documents created by the FBI, CIA Be it enacted by the Senate and House of Rep- By Mrs. FEINSTEIN (for herself, and other Federal agencies, there is lit- resentatives of the United States of America in tle real world guidance for how to Congress assembled, Ms. SNOWE, Mr. CORZINE, Mr. EAHY EFFORDS make decisions about how to manage SECTION 1. SHORT TITLE. L , Mr. J , Mr. information from non-Federal sources, This Act may be cited as the ‘‘Homeland SCHUMER, Ms. COLLINS, Mr. including locally generated homeland Security Information Guidance and Training DURBIN, and Ms. CANTWELL): security plans, State-level grants and Act of 2005’’. S. 889. A bill to amend title 49, intelligence gathered by local law en- SEC. 2. FINDINGS. United States Code, to require phased forcement agencies. Congress finds that— increases in the fuel efficiency stand- This lack of guidance has real impli- (1) there are few uniform standards for ards applicable to light trucks, to re- cations for public safety. Over the last State and local government agencies to han- quire fuel economy standards for auto- few months, Colorado’s State govern- dle sensitive homeland security information; mobiles up to 10,000 pounds gross vehi- ment has been fighting over the Sec- (2) there are detailed procedures for han- cle weight, to increase the fuel econ- dling classified documents created by the retary of State homeland security in- Federal Government, but there is little guid- omy of the Federal fleet of vehicles, formation. Currently, Colorado State ance for how to make decisions relating to and for other purposes; to the Com- law makes secret a wide swath of the management of information from non- mittee on Commerce, Science, and homeland security information, includ- Federal sources, including locally generated Transportation.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4133 Mrs. FEINSTEIN. Mr. President, I phasing in an increase in fuel economy astating the source of California’s rise today to offer a bill with my col- standards for SUVs and light trucks water. leagues Senators SNOWE, CORZINE, under the following schedule: by 2005, Eskimos are being forced inland in LEAHY, CANTWELL, COLLINS, DURBIN, SUVs and light trucks would have to Alaska as their native homes on the SCHUMER and JEFFORDS to close the average 21.0 miles per gallon; by 2006, coastline are melting into the sea. SUV loophole. SUVs and light trucks would have to Glaciers are disappearing in Glacier This bill would increase Corporate average 21.6 miles per gallon; and by National Park in Montana. In 100 Average Fuel Economy (CAFE) stand- 2007, SUVs and light trucks would have years, the park has gone from having ards for SUVs and other light duty to average 22.2 miles per gallon. 150 glaciers to fewer than 30. And the 30 trucks. It would close the ‘‘SUV Loop- In 2002, the National Academy of that remain are two-thirds smaller hole’’ and require that SUVs meet the Sciences, NAS, released a report stat- than they once were. same fuel efficiency standards as pas- ing that adequate lead time can bring Beyond our borders, scientists are senger cars by 2011. about substantive increases in fuel predicting how the impact of global Crude oil prices remain above $50/bar- economy standards. Automakers can warming will be felt around the globe. rel. On April 1, 2005, crude oil prices hit meet higher CAFE standards if existing It has been estimated that two-thirds a record high of $57.70/barrel. Prices at technologies are utilized and included of the glaciers in western China will the gas pump continue to soar as well. in new models of SUVs and light melt by 2050, seriously diminishing the Today, the average price for regular trucks. water supply for the region’s 300 mil- gasoline was $2.24 per gallon. In Cali- In 2003, the head of the National lion inhabitants. Additionally, the dis- fornia, the average price is almost Highway Traffic Safety Administration appearance of glaciers in the Andes in $2.60. said he favored an increase in vehicle Peru is projected to leave the popu- This is not a problem we can drill our fuel economy standards beyond the 1.5- lation without an adequate water sup- way out of. Global oil demand is rising. mile-per-gallon hike slated to go into ply during the summer. China imports more than 40 percent of effect by 2007. ‘‘We can do better,’’ said The United States is the largest en- its record 6.4 million-barrel-per-day oil Jeffrey Runge in an interview with ergy consumer in the world, with 4 per- demand and its consumption is growing Congressional Green Sheets. ‘‘The cent of the world’s population using 25 by 7.5 percent per year, seven times overriding goal here is better fuel econ- percent of the planet’s energy. faster than the U.S. omy to decrease our reliance on foreign And much of this energy is used in India imports approximately 70 per- oil without compromising safety or cars and light trucks: 43 percent of the cent of its oil, which is projected to American jobs,’’ he said. oil we use goes into our vehicles and rise to more than 90 percent by 2020. With this in mind, we have developed one-third of all carbon dioxide emis- Their rapidly growing economies are the following phase-in schedule which sions come from our transportation fueling their growing dependence on would follow up on what NHTSA has sector. oil—which makes continued higher proposed for the short term and remain The U.S. is falling behind the rest of prices inevitable. consistent with what the NAS report the world in the development of more The most effective step we can take said is technologically feasible over the fuel efficient automobiles. Quarterly to reduce gas prices is to reduce de- next decade or so: by model year 2008, auto sales reflect that consumers are mand. We must use our finite fuel sup- SUVs and light duty vehicles would buying smaller more fuel efficient cars plies more wisely. have to average 23.5 miles per gallon; and sales of the big, luxury vehicles This legislation is an important first by model year 2009, SUVs and light that are the preferred vehicle of the step to limit our nation’s dependence duty vehicles would have to average American automakers have dropped on oil and better protect our environ- 24.8 miles per gallon; by model year significantly. ment. 2010, SUVs and light duty vehicles Even SUV sales have slowed. First If implemented, closing the SUV would have to average 26.1 miles per quarter 2005 deliveries of these vehicles Loophole would: save the U.S. 1 million gallon, by model year 2011, SUVs and are down compared to the same period barrels of oil a day and reduce our de- light duty vehicles would have to aver- last year—for example, sales of the pendence on oil imports by 10 percent. age 27.5 miles per gallon. Ford Excursion is down by 29.5 percent, Prevent about 240 million tons of car- This legislation would do two other the Cadillac Escalade by 19.9 percent, bon dioxide—the top greenhouse gas things: it would mandate that by 2008 and the Toyota Sequoia by 12.6 per- and biggest single cause of global the average fuel economy of the new cent. warming from entering the atmosphere vehicles comprising the Federal fleet On the other hand, the Toyota Prius each year. must be 3 miles per gallon higher than hybrid had record sales in March with Save SUV and light duty truck own- the baseline average fuel economy for a 160.9 percent increase over the pre- ers hundreds of dollars each year in that class. And by 2011, the average vious year. gasoline costs. fuel economy of the new federal vehi- The struggling U.S. auto market can- CAFE Standards were first estab- cles must be 6 miles per gallon higher not afford to fall behind in the develop- lished in 1975. At that time, light than the baseline average fuel economy ment of fuel efficient vehicles. Our bill trucks made up only a small percent- for that class. sets out a reasonable time frame for age of the vehicles on the road, they The bill also increases the weight car manufacturers to design vehicles were used mostly for agriculture and limit within which vehicles are bound that are more fuel efficient and that commerce, not as passenger cars. by CAFE standards to make it harder will meet the growing demand for more Today, our roads look much dif- for automotive manufacturers to build fuel efficient vehicles. ferent, SUVs and light duty trucks SUVs large enough to become exempt- We can do this, and we can do this comprise more than half of the new car ed from CAFE standards. Because today. I urge my colleagues to support sales in the United States. As a result, SUVs are becoming larger and larger, this legislation. the overall fuel economy of our Na- some may become so large that they I ask unanimous consent that the tion’s fleet is the lowest it has been in will no longer qualify as even SUVs text of the bill be printed in the two decades, because fuel economy anymore. RECORD. standards for these vehicles are so We are introducing this legislation There being no objection, the bill was much lower than they are for other because we believe that the United ordered to be printed in the RECORD, as passenger vehicles. States needs to take a leadership role follows: The bill we are introducing today in the fight against global warming. S. 889 would change that. SUVs and other We have already seen the potential Be it enacted by the Senate and House of Rep- light duty trucks would have to meet destruction that global warming can resentatives of the United States of America in the same fuel economy requirements cause in the United States. Congress assembled, by 2011 that passenger cars meet today. Snowpacks in the Sierra Nevada are SECTION 1. SHORT TITLE. The National Highway Traffic Safety shrinking and will almost entirely dis- This Act may be cited as the ‘‘Automobile Administration, NHTSA, has proposed appear by the end of the century, dev- Fuel Economy Act of 2005’’.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4134 CONGRESSIONAL RECORD — SENATE April 21, 2005 SEC. 2. INCREASED AVERAGE FUEL ECONOMY (2) not later than September 30, 2011, the eign oil. When it comes to the fuel STANDARD FOR LIGHT TRUCKS. average fuel economy of the new vehicles in economy of America’s sport utility ve- (a) DEFINITION OF LIGHT TRUCK.—Section the agency’s fleet of vehicles in each class of 32901(a) of title 49, United States Code, is hicles, surely we can do better for our vehicles is not less than 6 miles per gallon pocketbooks, for our planet, and for amended— higher than the baseline average fuel econ- (1) in each of paragraphs (1) through (14), omy determined for that class. our promise for the future. by striking the period at the end and insert- (d) CALCULATION OF AVERAGE FUEL ECON- It is unacceptable to me that a devel- ing a semicolon; OMY.—For purposes of this section— oping country like China has put in (2) in paragraph (15), by striking the period (1) average fuel economy shall be cal- place new regulations that are more at the end and inserting ‘‘; and’’; culated in accordance with guidance pre- stringent than U.S. CAFE standards to (3) by redesignating paragraphs (12) scribed by the Secretary of Transportation promote better fuel. economy in their through (16) as paragraphs (13) through (17), for the implementation of this section; and respectively; and vehicles and rein in that country’s en- (2) average fuel economy calculated under ergy consumption. Like the U.S., China (4) by inserting after paragraph (11) the fol- subsection (b) for an agency’s vehicles in a lowing: class of vehicles shall be the baseline aver- greatly depends upon foreign oil. How- ‘‘(12) ‘light truck’ has the meaning given age fuel economy for the agency’s fleet of ve- ever, China’s GDP per capita was only that term in regulations prescribed by the hicles in that class. approximately $860 in 2004 while the Secretary of Transportation in the adminis- Ms. SNOWE. Mr. President, I rise U.S. was at $35,000 per person. The tration of this chapter;’’. today to join my esteemed colleague, standards that go into force in China in (b) REQUIREMENT FOR INCREASED STAND- July of 2005, require that all new pas- ARD.—Section 32902(a) of title 49, United Senator FEINSTEIN as the lead cospon- States Code, is amended— sor for the Feinstein-Snowe legislation senger cars get two miles per gallon (1) by inserting ‘‘(1)’’ after ‘‘AUTO- that will rectify an unacceptable in- more than U.S. CAFE standards. And MOBILES.—’’; equity when it comes to obtaining SUVs will have to achieve 1.7 to 2.7 (2) by striking ‘‘The Secretary’’ and insert- greater fuel economy for the vehicles miles per gallon more depending on the ing ‘‘Subject to paragraph (2), the Sec- we choose to drive. This bill allows us make. By 2008, large cars in China will retary’’; and to take a road currently less traveled have to get 30.4 miles per gallon. China, (3) by adding at the end the following : ‘‘(2) The average fuel economy standard for towards decreasing our Nation’s need very aware of their rising oil imports, light trucks manufactured by a manufac- to import greater and greater amounts skyrocketing oil prices, and their air turer may not be less than 27.5 miles per gal- of foreign oil from the most volatile pollution, are finding a way to achieve lon, except that the average fuel economy area of the globe, and at the same greater fuel economy, but the U.S. can- standard for light trucks manufactured by a time, decrease polluting vehicle emis- not? This makes absolutely no sense to manufacturer in a model year before model sions that affect both the public’s and me. year 2011 and— the planet’s health. Right now, all our vehicles combined ‘‘(A) after model year 2008 may not be less consume over 40 percent of our oil, than 23.5 miles per gallon; What is clear, on the eve of Earth ‘‘(B) after model year 2009 may not be less Day, is that the Federal Government while coughing up over 20 percent of than 24.8 miles per gallon; and must lead in ensuring consumers a U.S. carbon monoxide emissions—the ‘‘(C) after model year 2010 may not be less choice of vehicles with higher fuel greenhouse gas linked to global cli- than 26.1 miles per gallon.’’. economy, an appropriate degree of mate change. To put this in perspec- (c) APPLICABILITY.—Section 32902(a)(2) of safety, and a minimal impact on our tive, the amount of carbon monoxide title 49, United States Code, as added by sub- environment. Closing what is called emission just from U.S. vehicles alone section (b)(3), shall not apply with respect to the SUV loophole that allows popular is the equivalent of the fourth highest light trucks manufactured before model year 2009. SUVs and other light trucks to get carbon monoxide emitting country in SEC. 3. FUEL ECONOMY STANDARDS FOR AUTO- only 20.7 miles per gallon while other the world. Given these stunning num- MOBILES UP TO 10,000 POUNDS passenger cars need to meet a 27.5 mile bers, how can we continue to allow GROSS VEHICLE WEIGHT. per gallon threshold, will help us meet SUVs to spew three times more pollu- (a) VEHICLES DEFINED AS AUTOMOBILES.— these environmental, economic, and tion into the air than passenger cars? Section 32901(a)(3) of title 49, United States national security goals, and I think it’s Just think for a moment how much Code, is amended by striking ‘‘rated at—’’ and all that follows and inserting ‘‘rated at an idea whose time has long since ar- the world has changed technologically not more than 10,000 pounds gross vehicle rived. over the past 25 years. We’ve seen the weight.’’. My colleague from California has advent of the home computer and the (b) EFFECTIVE DATE.—The amendment been a passionate advocate of this pro- information age. Computers are now made by subsection (a) shall take effect on posal, and I’m proud to work with her running our automobiles, and Global January 1, 2011. again in introducing our practical, at- Positioning System devices are guiding SEC. 4. FUEL ECONOMY OF THE FEDERAL FLEET tainable bill that can garner the kind OF VEHICLES. drivers to their destinations. Are we to (a) DEFINITIONS.—In this section— of broad support necessary to address believe that technology couldn’t have (1) the term ‘‘class of vehicles’’ means a this national imperative this year. Now also helped those drivers burn less fuel class of vehicles for which an average fuel I know when we first introduced our in getting there? Are we going to say economy standard is in effect under chapter plan in 2001, some believed it was too that the whole world has transformed, 329 of title 49, United States Code; much too soon, while others felt it but America doesn’t have the where- (2) the term ‘‘executive agency’’ has the didn’t go far enough. And around here, with-all to make SUVs that get better meaning given the term in section 4(1) of the that’s usually a sign you’re onto some- fuel economy? Office of Federal Procurement Policy Act (41 thing. But can anyone honestly say Well, I don’t believe it, and neither U.S.C. 403(1)); and (3) the term ‘‘new vehicle’’, with respect to we’re better off today without nothing? does the National Academy of Sciences the fleet of vehicles of an executive agency, That we’re in better shape because we that issued a report in 2001 in response means a vehicle procured by or for the agen- failed to pass what is possible four to Congress’ request the previous year cy after September 30, 2007. years ago? that the NAS study the issue. They (b) BASELINE AVERAGE FUEL ECONOMY.— This legislation is a critical first step concluded that it was possible to The head of each executive agency shall de- to provide real relief from sky- achieve a more than 40 percent im- termine the average fuel economy for all of rocketing gas prices that have reached the vehicles in each class of vehicles in the provement particularly in light truck agency’s fleet of vehicles in fiscal year 2006. over $2 a gallon all across the county and SUV fuel economy over a 10–15 (c) INCREASE OF AVERAGE FUEL ECONOMY.— are estimated to stay high throughout year period—and that technologies The head of each executive agency shall the year. The increase in Corporate Av- exist now for improving fuel economy. manage the procurement of vehicles in each erage Fuel Economy, or CAFE, stand- That was 31⁄2 years ago. class of vehicles for that agency to ensure ards for the light trucks category— I don’t want America’s SUV manu- that— mostly SUVs and minivans—will ulti- facturers to be ‘‘the industry that time (1) not later than September 30, 2008, the mately decrease our need for foreign forgot?’’ and history clearly shows that average fuel economy of the new vehicles in the agency’s fleet of vehicles in each class of oil. I would like to bring to my col- the Federal Government must play a vehicles is not less than 3 miles per gallon leagues’ attention that every hour, $28 role in ensuring that consumers have a higher than the baseline average fuel econ- million leaves our country to pay for choice in vehicles with high degrees of omy determined for that class; and the Nation’s unquenched thirst for for- fuel economy, an appropriate degree of

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4135 safety and a minimal impact on our en- H.R. 1268, Making emergency supplemental ‘‘(F) quadriplegia, paraplegia, or hemi- vironment. As the 2001 NAS Report appropriations for the fiscal year ending plegia; also stated, ‘‘Because of the concerns September 30, 2005, to establish and rapidly ‘‘(G) burns greater than second degree, cov- about greenhouse gas emissions and implement regulations for State driver’s li- ering 30 percent of the body or 30 percent of cense and identification document security the face; and the level of oil imports, it is appro- standards, to prevent terrorists from abusing ‘‘(H) coma or the inability to carry out the priate for the Federal Government to the asylum laws of the United States, to activities of daily living resulting from trau- ensure fuel economy levels beyond unify terrorism-related grounds for inadmis- matic injury to the brain. those expected to result from market sibility and removal, to ensure expeditious ‘‘(2) For purposes of this subsection— forces alone.’’ How can we do anything construction of the San Diego border fence, ‘‘(A) the term ‘quadriplegia’ means the less? and for other purposes. complete and irreversible paralysis of all 4 So many questions that we already SA 565. Mr. STEVENS (for Mr. DEWINE) limbs; submitted an amendment intended to be pro- ‘‘(B) the term ‘paraplegia’ means the com- have the answers to but not the initia- posed by Mr. STEVENS to the bill H.R. 1268, plete and irreversible paralysis of both lower tive or will to do so. Closing the SUV supra. limbs; and loophole will help us achieve so many SA 566. Mr. STEVENS (for Mr. FRIST) sub- ‘‘(C) the term ‘hemiplegia’ means the com- goals, and it’s an idea whose time has mitted an amendment intended to be pro- plete and irreversible paralysis of the upper long since arrived. posed by Mr. STEVENS to the bill H.R. 1268, and lower limbs on 1 side of the body. I ask for my colleagues’ support for supra. ‘‘(3) The Secretary, in collaboration with closing the SUV loophole, and I thank f the Secretary of Defense, shall prescribe, by regulation, the conditions under which cov- the Chair. TEXT OF AMENDMENTS erage against loss will not be provided. f SA 564. Mr. CRAIG (for himself and ‘‘(c) A payment under this section may be made only if— Mr. AKAKA) proposed an amendment to SUBMITTED RESOLUTIONS ‘‘(1) the member is insured under the bill H.R. 1268, Making emergency Servicemembers’ Group Life Insurance when supplemental appropriations for the the traumatic injury is sustained; SENATE RESOLUTION 118—RECOG- fiscal year ending September 30, 2005, ‘‘(2) the loss results directly from that NIZING JUNE 2 THROUGH JUNE 5, to establish and rapidly implement traumatic injury and from no other cause; 2005, AS THE ‘‘VERMONT DAIRY regulations for State driver’s license and FESTIVAL,’’ IN HONOR OF HAR- and identification document security ‘‘(3) the member suffers the loss before the OLD HOWRIGAN FOR HIS SERV- standards, to prevent terrorists from end of the period prescribed by the Sec- ICE TO HIS COMMUNITY AND abusing the asylum laws of the United retary, in collaboration with the Secretary THE VERMONT DAIRY INDUSTRY of Defense, which begins on the date on States, to unify terrorism-related which the member sustains the traumatic in- Mr. JEFFORDS (for himself and Mr. grounds for inadmissibility and re- jury, except, if the loss is quadriplegia, para- LEAHY) submitted the following resolu- moval, to ensure expeditious construc- plegia, or hemiplegia, the member suffers tion; which was referred to the Com- tion of the San Diego border fence, and the loss not later than 365 days after sus- mittee on Agriculture, Nutrition, and for other purposes; as follows: taining the traumatic injury. ‘‘(d) Payments under this section for losses Forestry: At the appropriate place, insert the fol- lowing: described in subsection (b)(1) shall be— S. RES. 118 ‘‘(1) made in accordance with a schedule SEC. ll. TRAUMATIC INJURY PROTECTION. prescribed by the Secretary, in collaboration Recognizing June 2 through June 5, 2005, as (a) IN GENERAL.—Subchapter III of chapter with the Secretary of Defense; the ‘‘Vermont Dairy Festival’’, in honor of 19, Title 38, United States Code, is amended— ‘‘(2) based on the severity of the covered Harold Howrigan for his service to his com- (1) in section 1965, by adding at the end the condition; and munity and the Vermont dairy industry. following: ‘‘(3) in an amount that is equal to not less Whereas the town of Enosburg Falls, ‘‘(11) The term ‘activities of daily living’ than $25,000 and not more than $100,000. Vermont, will host the ‘‘Vermont Dairy Fes- means the inability to independently per- ‘‘(e)(1) During any period in which a mem- tival’’ from June 2 through June 5, 2005; form 2 of the 6 following functions: ber is insured under this section and the Whereas the men and women of the ‘‘(A) Bathing. member is on active duty, there shall be de- Enosburg Lions Club will sponsor the ‘‘(B) Continence. ducted each month from the member’s basic Vermont Dairy Festival, which celebrates its ‘‘(C) Dressing. or other pay until separation or release from 49th year; ‘‘(D) Eating. active duty an amount determined by the Whereas the Vermont Dairy Festival is a ‘‘(E) Toileting. Secretary of Veterans Affairs as the pre- beloved expression of the civic pride and ag- ‘‘(F) Transferring.’’; and mium allocable to the pay period for pro- ricultural heritage of the people of Enosburg (2) by adding at the end the following: Falls and Franklin County, Vermont; viding traumatic injury protection under ‘‘§ 1980A. Traumatic injury protection Whereas the people of Enosburg Falls and this section (which shall be the same for all Franklin County have long-held traditions of ‘‘(a) A member who is insured under sub- such members) as the share of the cost at- family owned and operated dairy farms; paragraph (A)(i), (B), or (C)(i) of section tributable to provided coverage under this Whereas the St. Albans Cooperative 1967(a)(1) shall automatically be issued a section, less any costs traceable to the extra Creamery, Inc., which was established in traumatic injury protection rider that will hazards of such duty in the uniformed serv- 1919, is a farmer-owned cooperative; provide for a payment not to exceed $100,000 ices. Whereas Harold Howrigan served on the if the member, while so insured, sustains a ‘‘(2) During any month in which a member Board of the St. Albans Cooperative for 24 traumatic injury that results in a loss de- is assigned to the Ready Reserve of a uni- years; scribed in subsection (b)(1). The maximum formed service under conditions which meet Whereas Mr. Howrigan was the President amount payable for all injuries resulting the qualifications set forth in section of the Board of the St. Albans Cooperative from the same traumatic event shall be lim- 1965(5)(B) of this title and is insured under a for 17 years; ited to $100,000. If a member suffers more policy of insurance purchased by the Sec- Whereas Mr. Howrigan recently retired than 1 such loss as a result of traumatic in- retary of Veterans Affairs under section 1966 from his position as President of the Board jury, payment will be made in accordance of this title, there shall be contributed from of the St. Albans Cooperative; and with the schedule in subsection (d) for the the appropriation made for active duty pay Whereas Mr. Howrigan led the St. Albans single loss providing the highest payment. of the uniformed service concerned an ‘‘(b)(1) A member who is issued a traumatic Cooperative to uphold the region’s traditions amount determined by the Secretary of Vet- injury protection rider under subsection (a) and to meet future challenges: Now, there- erans Affairs (which shall be the same for all is insured against such traumatic injuries, as fore, be it such members) as the share of the cost at- prescribed by the Secretary, in collaboration Resolved, That the Senate recognizes June tributable to provided coverage under this with the Secretary of Defense, including, but 2 through June 5, 2005, as the ‘‘Vermont section, less any costs traceable to the extra not limited to— Dairy Festival’’, in honor of Harold hazards of such duty in the uniformed serv- ‘‘(A) total and permanent loss of sight; Howrigan for his service to his community ices. Any amounts so contributed on behalf ‘‘(B) loss of a hand or foot by severance at and the Vermont dairy industry. of any member shall be collected by the Sec- or above the wrist or ankle; retary of the concerned service from such f ‘‘(C) total and permanent loss of speech; member (by deduction from pay or other- AMENDMENTS SUBMITTED AND ‘‘(D) total and permanent loss of hearing in wise) and shall be credited to the appropria- PROPOSED both ears; tion from which such contribution was made ‘‘(E) loss of thumb and index finger of the in advance on a monthly basis. SA 564. Mr. CRAIG (for himself and Mr. same hand by severance at or above the ‘‘(3) The Secretary of Veterans Affairs AKAKA) proposed an amendment to the bill metacarpophalangeal joints; shall determine the premium amounts to be

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4136 CONGRESSIONAL RECORD — SENATE April 21, 2005 charged for traumatic injury protection cov- cense and identification document se- with the Secretary of Labor an attestation erage provided under this section. curity standards, to prevent terrorists under section 212(t)(1);’’; and ‘‘(4) The premium amounts shall be deter- from abusing the asylum laws of the (2) in clause (i), by striking ‘‘or’’ after ‘‘na- mined on the basis of sound actuarial prin- United States, to unify terrorism-re- tional;’’. ciples and shall include an amount necessary (b) Section 202 of such Act (8 U.S.C. 1152) is to cover the administrative costs to the in- lated grounds for inadmissibility and amended by adding at the end the following surer or insurers providing such insurance. removal, to ensure expeditious con- new subsection: ‘‘(5) Each premium rate for the first policy struction of the San Diego border ‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The year shall be continued for subsequent policy fence, and for other purposes; as fol- total number of aliens who may acquire non- years, except that the rate may be adjusted lows: immigrant status under section for any such subsequent policy year on the On page 169, between lines 8 and 9, insert 101(a)(15)(E)(iii) may not exceed 5000 for a fis- basis of the experience under the policy, as the following: cal year.’’. determined by the Secretary of Veterans Af- (c) Section 214(i)(1) of such Act (8 U.S.C. fairs in advance of that policy year. SENSE OF SENATE ON INCREASED PERIOD OF 1184(i)(1)) is amended by inserting ‘‘, section ‘‘(6) The cost attributable to insuring such CONTINUED TRICARE COVERAGE OF CHILDREN 101(a)(15)(E)(iii),’’ after ‘‘section member under this section, less the pre- OF MEMBERS OF THE UNIFORMED SERVICES 101(a)(15)(H)(i)(b)’’. miums deducted from the pay of the mem- WHO DIE WHILE SERVING ON ACTIVE DUTY FOR (d) Section 212(t) of such Act (8 U.S.C. ber’s uniformed service, shall be paid by the A PERIOD OF MORE THAN 30 DAYS 1182(t)), as added by section 402(b)(2) of the Secretary of Defense to the Secretary of Vet- SEC. 1122. It is the sense of the Senate United States-Chile Free Trade Agreement erans Affairs. This amount shall be paid on a that— Implementation Act (Public Law 108–77; 117 monthly basis, and shall be due within 10 (1) Congress should enact an amendment to Stat. 941), is amended— days of the notice provided by the Secretary section 1079 of title 10, United States Code, (1) by inserting ‘‘or section of Veterans Affairs to the Secretary of the in order to increase the period of continued 101(a)(15)(E)(iii)’’ after ‘‘section concerned uniformed service. TRICARE coverage of children of members 101(a)(15)(H)(i)(b1)’’ each place it appears; ‘‘(7) The Secretary of Defense shall provide of the uniformed services who die while serv- (2) in paragraph (3)(C)(i)(II), by striking the amount of appropriations required to pay ing on active duty for a period of more than ‘‘or’’ in the third place it appears; expected claims in a policy year, as deter- 30 days under that section such that the pe- (3) in paragraph (3)(C)(ii)(II), by striking mined according to sound actuarial prin- riod of continued eligibility is the longer ‘‘or’’ in the third place it appears; and ciples by the Secretary of Veterans Affairs. of— (4) in paragraph (3)(C)(iii)(II), by striking ‘‘(8) The Secretary of Defense shall forward (A) the three-year period beginning on the ‘‘or’’ in the third place it appears. an amount to the Secretary of Veterans Af- date of death of the member; f fairs that is equivalent to half the antici- (B) the period ending on the date on which pated cost of claims for the current fiscal the child attains 21 years of age; or NOTICES OF HEARINGS/MEETINGS year, upon the effective date of this legisla- (C) in the case of a child of a deceased SUBCOMMITTEE ON NATIONAL PARKS tion. member who, at 21 years of age, is enrolled in a full-time course of study in a secondary Mr. THOMAS. Mr. President, I would ‘‘(f) The Secretary of Defense shall certify like to announce for the information of whether any member claiming the benefit school or in a full-time course of study in an under this section is eligible. institution of higher education approved by the Senate and the public that the Sub- ‘‘(g) Payment for a loss resulting from the administering Secretary and was, at the committee on National Parks has traumatic injury will not be made if the time of the member’s death, in fact depend- scheduled a hearing to review the Na- member dies before the end of the period pre- ent on the member for over one-half of the tional Park Service’s funding needs for scribed by the Secretary, in collaboration child’s support, the period ending on the ear- administration and management of the with the Secretary of Defense, which begins lier— national park system. on the date on which the member sustains (i) the date on which the child ceases to The hearing will be held on Tuesday pursue such a course of study, as determined the injury. If the member dies before pay- May 10, 2005, at 2:30 p.m. in room SD– ment to the member can be made, the pay- by the administering Secretary; or ment will be made according to the mem- (ii) the date on which the child attains 23 366 of the Dirksen Senate Office Build- ber’s most current beneficiary designation years of age; and ing in Washington, DC. under Servicemembers’ Group Life Insur- (2) Congress should make the amendment Because of the limited time available ance, or a by law designation, if applicable. applicable to deaths of members of the for the hearing, witnesses may testify ‘‘(h) Coverage for loss resulting from trau- Armed Forces on or after October 7, 2001, the by invitation only. However, those matic injury provided under this section date of the commencement of military oper- wishing to submit written testimony shall cease at midnight on the date of the ations in Afghanistan. for the hearing record should send two member’s separation from the uniformed copies of their testimony to the Com- service. Payment will not be made for any SA 566. Mr. STEVENS (for Mr. FRIST) loss resulting from injury incurred after the submitted an amendment intended to mittee on Energy and Natural Re- date a member is separated from the uni- be proposed by Mr. STEVENS to the bill sources, United States Senate, SD–364 formed services. H.R. 1268, Making emergency supple- Dirksen Senate Office Building, Wash- ‘‘(i) Insurance coverage provided under this mental appropriations for the fiscal ington, DC. section is not convertible to Veterans’ Group year ending September 30, 2005, to es- For further information, please con- Life Insurance.’’. tablish and rapidly implement regula- tact Tom Lillie at (202) 224–5161 or (b) CLERICAL AMENDMENT.—The table of Brian Carlstrom at (202) 224–6293. sections for chapter 19 of title 38, United tions for State driver’s license and COMMITTEE ON INDIAN AFFAIRS States Code, is amended by adding after the identification document security item relating to section 1980 the following: standards, to prevent terrorists from Mr. MCCAIN. Mr. President, I would ‘‘1980A. Traumatic injury protection.’’. abusing the asylum laws of the United like to announce that the Committee on Indian Affairs will meet on Wednes- (c) EFFECTIVE DATE.— States, to unify terrorism-related (1) IN GENERAL.—The amendments made by grounds for inadmissibility and re- day, April 27, 2005, at 9:30 a.m. in Room this section shall take effect on the first day moval, to ensure expeditious construc- 485 of the Russell Senate Office Build- of the first month beginning more than 180 tion of the San Diego border fence, and ing to conduct an Oversight Hearing on days after the date of enactment of this Act. for other purposes; as follows: Regulation of Indian Gaming. (2) RULEMAKING.—Before the effective date On page 231, between lines 3 and 4, insert Those wishing additional information described in paragraph (1), the Secretary of the following new section: may contact the Indian Affairs Com- Veterans Affairs, in collaboration with the mittee at 224–2251. Secretary of Defense, shall issue regulations RECIPROCAL VISAS FOR NATIONALS OF to carry out the amendments made by this AUSTRALIA COMMITTEE ON INDIAN AFFAIRS section. SEC. 6047. (a) Section 101(a)(15)(E) of the Mr. MCCAIN. Mr. President, I would Immigration and Nationality Act (8 U.S.C. like to announce that the Committee SA 565. Mr. STEVENS (for Mr. 1101(a)(15)(E)) is amended— on Indian Affairs will meet on Wednes- DEWINE) submitted an amendment in- (1) by adding at the end ‘‘or (iii) solely to day, May 11, 2005, at 9:30 a.m. in Room tended to be proposed by Mr. STEVENS perform services in a specialty occupation in 485 of the Russell Senate Office Build- to the bill H.R. 1268, Making emer- the United States if the alien is a national of ing to conduct an Oversight Hearing on the Commonwealth of Australia and with re- gency supplemental appropriations for spect to whom the Secretary of Labor deter- Federal Recognition of Indian Tribes. the fiscal year ending September 30, mines and certifies to the Secretary of Those wishing additional information 2005, to establish and rapidly imple- Homeland Security and the Secretary of may contact the Indian Affairs Com- ment regulations for State driver’s li- State that the intending employer has filed mittee at 224–2251.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 21, 2005 CONGRESSIONAL RECORD — SENATE S4137 AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized committee on Oversight of Government MEET to meet to conduct a markup on Thurs- Management, the Federal Workforce, COMMITTEE ON ARMED SERVICES day, April 21, 2005 at 9:30 a.m. in Dirk- and the District of Columbia be author- Mr. ROBERTS. Mr. President, I ask sen room 226. ized to meet on Thursday, April 21, 2005 at 10:30 a.m. for a hearing entitled, unanimous consent that the Com- I. Nominations mittee on Armed Services be author- ‘‘Employing Federal Workforce Flexi- ized to meet during the session of the Terrence W. Boyle, II, to be U.S. Cir- bilities: A Progress Report.’’ Senate on April 21, 2005, at 10 a.m., in cuit Judge for the Fourth Circuit; Pris- The PRESIDING OFFICER. Without open session to consider the following cilla R. Owen, to be U.S. Circuit Judge objection, it is so ordered. nominations: Mr. Kenneth J. Krieg to for the Fifth Circuit; and Janice Rog- SUBCOMMITTEE ON PERSONNEL be Under Secretary of Defense for Ac- ers Brown, to be U.S. Circuit Judge for Mr. ROBERTS. Mr. President, I ask quisition, Technology and Logistics; the District of Columbia Circuit. unanimous consent that the sub- and Lieutenant General Michael V. II. Bills committee on Personnel be authorized Hayden, USAF, for appointment to the S. 378, Reducing Crime and Terrorism to meet during the session of the Sen- grade of General and to be Deputy Na- at America’s Seaports Act of 2005, ate on April 21, 2005, at 1:30 p.m., in tional Intelligence Director. open session to receive testimony on BIDEN, SPECTER, FEINSTEIN, KYL, COR- The PRESIDING OFFICER. Without the Present and Future Costs of De- NYN; and S. 629, Railroad Carriers and objection, it is so ordered. partment of Defense Health Care, and Mass Transportation Act of 2005, SES- COMMITTEE ON BANKING, HOUSING AND URBAN National health Care Trends in the Ci- SIONS, KYL. AFFAIRS vilian Sector. Mr. ROBERTS. Mr. President, I ask III. Matters The PRESIDING OFFICER. Without unanimous consent that the Com- Asbestos, Senate Judiciary Com- objection, it is so ordered. mittee on Banking, Housing, and mittee Rules. SUBCOMMITTEE ON SURFACE TRANSPORTATION Urban Affairs be authorized to meet THE PRESIDING OFFICER. Without AND MERCHANT MARINE during the session of the Senate on objection, it is so ordered. Mr. ROBERTS. Mr. President, I ask April 21, 2005, at 10 a.m. to conduct a JOINT COMMITTEE ON PRINTING unanimous consent that the Sub- hearing on ‘‘Regulatory Reform on the Mr. ROBERTS. Mr. President, I ask committee on Surface Transportation Housing Government-Sponsored Enter- unanimous consent that the Joint and Merchant Marine be authorized to prises.’’ Committee on Printing be authorized meet on Thursday, April 21, 2005, at 9:30 The PRESIDING OFFICER. Without a.m. on Amtrak Reauthorization. objection, it is so ordered. to meet during the session of the Sen- ate on Thursday, April 21, 2005 at 2 p.m. The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING AND URBAN objection, it is so ordered. AFFAIRS to conduct an organizational meeting. f Mr. ROBERTS. Mr. President, I ask THE PRESIDING OFFICER. Without unanimous consent that the Com- objection, it is so ordered. ORDER FOR STAR PRINT—S. 786 mittee on Banking, Housing, and SELECT COMMITTEE ON INTELLIGENCE Mr. FRIST. I ask unanimous consent Urban Affairs be authorized to meet Mr. ROBERTS. Mr. President, I ask S. 786 be Star Printed with the changes during the session of the Senate on unanimous consent that the Select at desk. April 21, 2005, at 2:30 p.m. to conduct a Committee on Intelligence be author- The PRESIDING OFFICER. Without hearing on ‘‘HUD’s Fiscal Year 2005 ized to meet during the session of the objection, it is so ordered. Senate on April 21, 2005 at 2:30 p.m., to Budget.’’ f The PRESIDING OFFICER. Without hold a hearing. objection, it is so ordered. The PRESIDING OFFICER. Without MEASURES READ THE FIRST COMMITTEE ON FINANCE objection, it is so ordered. TIME—S. 870, S. 871, S. 872, S. 873, Mr. ROBERTS. Mr. President, I ask SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- S. 874 unanimous consent that the Com- AGEMENT, GOVERNMENT INFORMATION AND Mr. FRIST. I understand there are mittee on Finance be authorized to INTERNATIONAL SECURITY five bills at the desk and I ask for their meet during the session on Thursday, Mr. ROBERTS. Mr. President, I ask first reading en bloc. April 21, 2005, at 10 a.m., in 628 Dirksen unanimous consent that the Sub- The PRESIDING OFFICER. The Senate Office Building, to consider the committee on Federal Financial Man- clerk will report the bills by title. nomination of Robert J. Portman to be agement, Government Information, The assistant legislative clerk read United States Trade Representative. and International Security be author- as follows: The PRESIDING OFFICER. Without ized to meet on Thursday, April 21st, A bill (S. 870) to prohibit energy market objection, it is so ordered. 2005, at 2:30 p.m., for a hearing regard- manipulation. COMMITTEE ON FOREIGN RELATIONS ing ‘‘An Assessment of the President’s A bill (S. 871) to amend title 10, United Mr. ROBERTS. Mr. President, I ask Management Agenda’’. States Code, to ensure that the strength of unanimous consent that the Com- The PRESIDING OFFICER. Without the Armed Forces and the protections and mittee on Foreign Relations be author- objection, it is so ordered. benefits for members of the Armed Forces and their families are adequate for keeping SUBCOMMITTEE ON INTELLECTUAL PROPERTY ized to meet during the session of the the commitment of the people of the United Senate on Thursday, April 21, 2005 at Mr. ROBERTS. Mr. President, I ask States to support their servicemembers, and 9:30 a.m. to hold a hearing on multilat- unanimous consent that the Sub- for other purposes. eral development banks. committee on Intellectual Property be A bill (S. 872) to amend the Internal Rev- THE PRESIDING OFFICER. Without authorized to meet to conduct a hear- enue Code of 1986 to provide for the taxation objection, it is so ordered. ing on ‘‘The Patent System Today and of income of controlled foreign corporations COMMITTEE ON HEALTH, EDUCATION, LABOR, Tomorrow’’ on Thursday, April 21, 2005 attributable to imported property. A bill (S. 873) to amend title XVIII of the AND PENSIONS at 2:30 p.m., in Dirksen 226. Mr. ROBERTS. Mr. President, I ask Social Security Act to deliver a meaningful Panel I: Jon W. Dudas, Undersecre- benefit and lower prescription drug prices unanimous consent that the Com- tary of Commerce for Intellectual under the medicare program. mittee on Health, Education, Labor, Property, Director of the U.S. Patent A bill (S. 874) to establish a national health and Pensions be authorized to hold a and Trademark Office, Department of program administered by the Office of Per- hearing during the session of the Sen- Commerce, Arlington, VA. sonnel Management to offer health benefits ate on Thursday, April 21, 2005 at 10 The PRESIDING OFFICER. Without plans to individuals who are not Federal em- a.m. in SD–430 objection, it is so ordered. ployees, and for other purposes. THE PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Mr. FRIST. I now ask for a second objection, it is so ordered. MANAGEMENT, THE FEDERAL WORKFORCE, reading and, in order to place the bills COMMITTEE ON THE JUDICIARY AND THE DISTRICT OF COLUMBIA on the calendar under the provisions of Mr. ROBERTS. Mr. President, I ask Mr. ROBERTS. Mr. President, I ask rule XIV, I object to my own requests, unanimous consent that the Com- unanimous consent that the Sub- all en bloc.

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4138 CONGRESSIONAL RECORD — SENATE April 21, 2005 The PRESIDING OFFICER. Objec- mitted to speak for up to 10 minutes IN THE MARINE CORPS tion having been heard, the bills will be each. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT read the second time on the next legis- The PRESIDING OFFICER. Without IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- lative day. objection, it is so ordered. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f f To be lieutenant general AMENDING THE AGRICULTURAL PROGRAM MAJ. GEN. JOHN W. BERGMAN, 0000 CREDIT ACT OF 1987 Mr. FRIST. Mr. President, tomorrow IN THE NAVY Mr. FRIST. Mr. President, I ask the Senate will be in a period of morn- THE FOLLOWING NAMED OFFICERS FOR TEMPORARY unanimous consent the Agriculture APPOINTMENT TO THE GRADE INDICATED IN THE ing business. There will be no rollcall UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION Committee be discharged from further votes during tomorrow’s session. The 5721: consideration of S. 643 and the Senate next vote will occur on Tuesday of next To be lieutenant commander proceed to its immediate consider- week. It is my hope we will be able to JOEL P. BERNARD, 0000 ation. begin consideration of the highway bill JOSHUA D. BIGHAM, 0000 CHAD A. BOLLMANN, 0000 The PRESIDING OFFICER. Without early next week, and I will have more DERRICK D. BOOM, 0000 objection, it is so ordered. The clerk to say on next week’s schedule tomor- LESTER A. BROWN, JR., 0000 FRANKIE J. CLARK, 0000 will report the bill by title. row. ERIC D. COLE, 0000 The assistant legislative clerk read Before we close, I do want to con- KENNETH S. DOUGLAS, 0000 JESSE G. ESPE, 0000 as follows: gratulate Chairman COCHRAN as well as JEFFREY P. FENDICK, 0000 A bill (S. 643) to amend the Agricultural the ranking member for their efforts MICHAEL E. FREED, 0000 Credit Act of 1987 to reauthorize State medi- KEVIN P. GALLAGHER, 0000 on the emergency supplemental today. PATRICK M. GESCHKE, 0000 ation programs. With the passage vote of 99 to zero, LARRY S. HAND, 0000 INDALECIO M. HERNANDEZ, 0000 There being no objection, the Senate that bill shortly will go to conference CHRISTOPHER T. HORGAN, 0000 proceeded to consider the bill. committee for a final product. I thank PATRICK J. HOUGH, 0000 SCOTT A. JONES, 0000 Mr. FRIST. I ask unanimous consent the two managers for their time and HARRY L. JUNEAU, 0000 the bill be read a third time and patience on the floor during the consid- DANIEL B. MCFALL, 0000 GREGORY L. MORRIS, 0000 passed, the motion to reconsider be eration of the bill. PAUL M. NIELSON, 0000 laid upon the table, and that any state- SCOTT A. NOE, 0000 f MITCHELL K. OCONNOR, 0000 ments be printed in the RECORD. BRIAN S. ONEILL, 0000 The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 9:30 A.M. ANDREW L. PRESBY, 0000 TOMORROW JAMES T. ROBINSON, 0000 objection, it is so ordered. DARREN C. ROE, 0000 The bill (S. 643) was read the third Mr. FRIST. If there is no further SCOTT E. SHEA, 0000 TIMOTHY C. SPENCE, 0000 time and passed, as follows: business to come before the Senate, I MATTHEW J. STEENO, 0000 S. 643 ask unanimous consent the Senate ANDREW P. THOMAS, 0000 JAMES E. THOMAS, 0000 Be it enacted by the Senate and House of Rep- stand in adjournment under the pre- CHRISTOPHER J. WILLIAMS, 0000 resentatives of the United States of America in vious order. MARC K. WILLIAMS, 0000 Congress assembled, There being no objection, the Senate, f SECTION 1. REAUTHORIZATION OF STATE MEDI- at 5:58 p.m., adjourned until Friday, ATION PROGRAMS. April 22, 2005, at 9:30 a.m. Section 506 of the Agricultural Credit Act CONFIRMATIONS of 1987 (7 U.S.C. 5106) is amended by striking f Executive nominations confirmed by ‘‘2005’’ and inserting ‘’2010’’. NOMINATIONS the Senate Thursday, April 21, 2005: f Executive nominations received by EXECUTIVE OFFICE OF THE PRESIDENT ORDERS FOR FRIDAY APRIL 22, the Senate April 21, 2005: JOHN D. NEGROPONTE, OF NEW YORK, TO BE DIRECTOR OF NATIONAL INTELLIGENCE. 2005 IN THE ARMY LIEUTENANT GENERAL MICHAEL V. HAYDEN, UNITED STATES AIR FORCE, TO BE PRINCIPAL DEPUTY DIREC- Mr. FRIST. I ask unanimous consent THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOR OF NATIONAL INTELLIGENCE. that when the Senate completes its IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE ABOVE NOMINATION WAS APPROVED SUBJECT TO WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE NOMINEE’S COMMITMENT TO RESPOND TO RE- business today, it stand in adjourn- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ment until 9:30 a.m. on Friday, April To be lieutenant general CONSTITUTED COMMITTEE OF THE SENATE. 22. I further ask that following the LT. GEN. ROBERT W. WAGNER, 0000 IN THE AIR FORCE prayer and the pledge, the morning THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT hour be deemed expired, the Journal of THE UNITED STATES OFFICER FOR APPOINTMENT AS DI- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RECTOR, ARMY NATIONAL GUARD AND FOR APPOINT- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE proceedings be approved to date, the MENT TO THE GRADE INDICATED UNDER TITLE 10, U.C.C., AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION time for the two leaders be reserved, SECTION 10506: 601: and the Senate then to begin a period To be lieutenant general To be general of morning business with Senators per- MAJ. GEN. CLYDE A. VAUGHN, 0000 LT. GEN. MICHAEL V. HAYDEN

VerDate Mar 15 2010 21:14 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 9801 E:\2005SENATE\S21AP5.REC S21AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY