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

Vol. 152 WASHINGTON, TUESDAY, APRIL 25, 2006 No. 46 Senate The Senate met at 9:45 a.m. and was appoint the Honorable JIM DEMINT, a Sen- Passover recess. It was a 2-week recess, called to order by the Honorable JIM ator from the State of South Carolina, to where many had the opportunity to DEMINT, a Senator from the State of perform the duties of the Chair. spend time with our families and with South Carolina. TED STEVENS, our constituents back at home. I hope President pro tempore. everybody had a rejuvenating and pro- PRAYER Mr. DEMINT thereupon assumed the ductive period of time because we have chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- a lot to do. fered the following prayer: f We have before us a 5-week block of Let us pray: RECOGNITION OF THE MAJORITY time, during which I intend to keep the O God of mercies, You preserve the LEADER Senate focused on the big challenges seas and all that is in them. You have The ACTING PRESIDENT pro tem- facing America and on delivering promised to keep in perfect peace those pore. The majority leader is recog- meaningful solutions to the problems whose minds are fixed on You. nized. Americans are seeing out there every Give our Senators today the serenity day, some of which are very apparent that comes through trusting in Your f and some of which are not very appar- strength. As they do the work of free- SCHEDULE ent in their everyday lives. dom, may they seek Your guidance and Mr. FRIST. Mr. President, today, we As we set out from the very start, the wisdom. Lead them with Your precepts will start with a 1-hour period of morn- goal of this Republican-led Senate is to to the decisions that will honor Your ing business, and following that we will make America safer, stronger, more name. Give your peace and unity to go into executive session to consider productive, and healthier. That applies their hearts so that harmony can be the nomination of Gray Miller to be a across the board, from the war on ter- seen in their interactions. Shine Your U.S. district judge for the Southern ror abroad—and we will have a lot of light within them so that they can District of Texas. We have 10 minutes discussion on that on the supple- serve humanity well. allocated for debate on that nomina- mental—to the family budget right Help us all to humble ourselves under tion, with the vote occurring after that here at home, and people are feeling Your mighty hand, that You may exalt time. the pinch of gasoline prices and sky- us in due time. We pray in Your sov- Senators can expect the first vote rocketing health care costs every day. ereign Name. Amen. today at approximately 11 o’clock this Time is of the essence. We have seri- f morning. We have a group of Senators ous issues to tackle in 5 short weeks. That means working together, pulling PLEDGE OF ALLEGIANCE going to the White House. Therefore, we want to start that vote no later the very best out of both sides of the The Honorable JIM DEMINT led the than 11 o’clock. I hope Members will be aisle, and recognizing that obstruction Pledge of Allegiance, as follows: able to keep their remarks brief so we is not in order as we proceed along this I pledge allegiance to the flag of the United can get to that vote. upward path of producing for the States of America, and to the Republic for After the vote, we will resume con- American people. which it stands, one nation under God, indi- sideration of the supplemental appro- It is an election year. That always visible, with liberty and justice for all. priations bill. There is an opportunity makes it challenging for everything we f for Senators to give opening state- do every step along the way. But the APPOINTMENT OF ACTING ments this morning prior to the policy American people expect us to legislate, PRESIDENT PRO TEMPORE lunch. The Senate will recess for each to govern, and not to get mired down in partisan obstruction and partisan The PRESIDING OFFICER. The party’s policy meeting between 12:30 politics. It is our obligation and re- clerk will please read a communication and 2:15. Later this afternoon, I expect sponsibility to deliver to them. We to the Senate from the President pro amendments to be offered to the sup- have the challenges out there. We have tempore (Mr. STEVENS). plemental, and I hope we will be voting The legislative clerk read the fol- on those amendments during today’s to act and we need to act with solu- lowing letter: session. tions. That is what the American peo- f ple expect—challenge, action, solu- U.S. SENATE, tions. That is what they deserve. PRESIDENT PRO TEMPORE, FOCUSING ON THE CHALLENGES We need to support our troops who Washington, DC, April 25, 2006. FACING AMERICA To the Senate: are fighting in the field for our freedom Under the provisions of rule I, paragraph 3, Mr. FRIST. Mr. President, I welcome and safety. We need to address the sky- of the Standing Rules of the Senate, I hereby my colleagues back from the Easter/ rocketing health care costs and make

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

S3435

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VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3436 CONGRESSIONAL RECORD — SENATE April 25, 2006 health care more affordable, more ac- out and gain that purchasing clout more to do. In the next 5 weeks, I in- cessible to every American, no matter which we know in the marketplace can tend to bring legislation to the floor to where they live. We need to put judges drive prices down. It can make those eliminate the death tax once and for on the bench who interpret and not insurance policies less expensive and all. The death tax is unfair, it is ineffi- make the law. We need to keep our thus more accessible. cient, and it taxes people for dying. It economy strong and growing. We need The Enzi legislation, when fully is double and triple taxation. The to tackle that rising cost of gasoline. phased in, would reduce employer pre- death tax drives hard-working people Right now it is up, teetering at the $3 miums by 12 percent and the number of to spend billions of dollars on com- level. That is too much to be paying uninsured workers by at least a mil- plicated tax structures for the sole pur- per gallon. lion. Voters are close to unanimous in pose of avoiding death taxes on income Over the next 5 weeks, we are going their support for allowing self-em- that has already been taxed. to tackle each of these items. I call ployed workers and small business em- Because of Katrina, we could not upon my colleagues on both sides to ployees to band together to negotiate move forward on repealing the death work together to get this done for the lower insurance costs as spelled out in tax last fall, but now is the time to sake of our fellow citizens who have that Enzi bill. bury that death tax once and for all. sent us here to work for them, to rep- Again, challenge, action, solutions. It Keeping America strong, protecting resent them. is time to get it done. the democratic process means pro- Unfortunately, before the Easter re- We have also known for some time tecting the separation of powers. We cess, obstruction from the other side that the medical malpractice system is need judges who interpret the law and got in the way of comprehensive border broken. It is driving up costs, driving who don’t make law from the bench. security and immigration reform. But my doctor colleagues out of their pro- We have made substantial progress as I have announced over the last cou- fessions, from practicing medicine and on judicial nominations. We put one ple of days, I intend to bring this issue delivering care. Nearly half of Amer- Chief Justice, one Associate Justice, back and to continue driving forward ica’s counties today lack an obstetri- six previously filibustered circuit court cian/gynecologist, and that is due in on this important issue to the Amer- nominees, 20 other circuit nominees, large part to excessive, skyrocketing ican people. We need real border secu- and 104 district court nominees on the medical malpractice premiums. Three rity. That includes a fence along cer- bench since 2003. But we cannot rest on out of four neurosurgeons will no tain parts of the border, surveillance that progress. longer operate on children. When you along other parts of the border. But we Terry Boyle is one example of a ask why, it is because of medical liabil- have to get this border under control. nominee who deserves our consider- ity. And 79 percent of doctors practice We took very positive steps last year in ation. He was nominated for a circuit defensive medicine for fear of getting increasing the number of border agents court judgeship back in 1991 and then sued. That means when somebody and the number of detention facilities, again in 2001. He has been waiting 15 comes in and they have a headache, and both are very important in this years for a fair up-or-down vote. you get a whole barrage of unnecessary supplemental bill over the next several Another is Brett Kavanaugh, first tests to protect yourself in the event days. We will once again address border nominated in July 2003. He has been there is a lawsuit. Health care costs security. waiting ever since that date. He, too, have risen between $70 billion and $126 We also need employer enforcement deserves a fair up-or-down vote. billion in defensive medicine costs. in a system that addresses the fact I was in Texas the other day. Texas is We need to keep up the momentum that we have 12 million to 20 million fascinating to me as a physician. They and keep driving forward so that each individuals who right now are kept in recently adopted liability reform meas- and every nominee gets a fair up-or- the shadows. Building on last year’s ef- ures. The largest malpractice insurer down vote on the floor of the Senate. forts, spearheaded by the Senate, I will in the State immediately began low- The weather is warming up and we support an effort to put funds into the ering premiums, and premiums in that are approaching the summer driving supplemental bill to make our next State are now down by 22 percent. In- season, and American families are downpayment on securing the border. deed, there is an influx of doctors from being squeezed tighter and tighter by Hiring more Border Patrol agents all over the country moving to Texas these skyrocketing gas prices. We need and giving them the tools they need to because of this very effective, proven to help them find relief. We know there get the job done doesn’t need to wait to be effective, malpractice reform. An is no single magic bullet. We know it is until we finish the overall immigration overwhelming majority of Americans an issue of supply and demand. bill. We can take important steps now support a Federal law to limit jury As a first step, Speaker HASTERT and and indeed we will. It is part of the awards to compensate for pain and suf- I have asked the President to direct challenge, the action, and the solutions fering in medical malpractice suits. the Federal Trade Commission and the the American people want; they want Challenge, action, solutions. It is time Department of Justice to investigate if serious reform. to get this done. price gouging or speculation in the oil Keeping America strong also means Keeping America strong means keep- markets is contributing to the current keeping America healthy. Insurance ing our economy thriving. That is why high prices. premiums have risen—health insurance we passed the Tax Relief Act of 2005. We need to get to the bottom of it, premiums—73 percent over the last 5 We know that tax cuts work. We know and if we do so, we may have legisla- years. It hits small businesses and they grow the economy and help create tive action required on the floor of the their employees in particular. Of the 20 jobs. In 2001, we passed $1.4 trillion in Senate, or we may not, but only an in- million Americans who are working tax relief; 2 years later, another $350 vestigation, only an examination by and are uninsured, don’t have health billion. That is $1.7 trillion that goes the FTC and DOJ can give us that an- insurance, 49 percent are self-employed into the pockets of everyday, hard- swer. or work in firms with fewer than 25 em- working Americans for them to save, We need to find short-term solutions. ployees. According to the Institutes of to spend, to invest. We cut taxes on in- In the long term, however, the answer Medicine, nearly 18,000 Americans die come and marriage. We doubled the is to reduce America’s dependence on prematurely each year due to lack of child tax credit and slashed taxes on foreign oil. The fact that we are 60-per- insurance. It is a fact. It has been prov- capital gains and dividends. Because we cent dependent today on foreign en again and again. did, our economy has grown. sources of oil is simply inexcusable. If you have health insurance—even if Right now, each month we are cre- During our majority over the last 12 you do not have comprehensive health ating about 200,000 new jobs. Over the years, Democratic obstruction and insurance, but you have any health in- last 32 months, we have created 5.1 mil- delay has stopped measures to enhance surance, you do better in terms of lion new jobs. Home ownership is up. domestic production, and domestic pro- health outcomes. Last month, the Minority home ownership is up at all- duction must be a part of any long- HELP Committee reported out a bill to time highs. term solution for our energy supply. allow small businesses to band to- Tax relief has led to 3 years of record The President laid out a number of gether all over a community to reach economic growth. But we have a lot initiatives in his State of the Union

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3437 Address, and I hope we can pursue I took a drive across the State of if you want to get very particular. The them in committees and then bring Montana over Easter Recess, all by ability to expand refining capacity in them to the floor quickly. Again, chal- myself. I just jumped into my pickup the present-day facility is becoming lenge, action, solutions. and took off and talked with rural very expensive and cannot be done Those are some of the things we need Montanans. I fight awfully hard for without expanding outside the bound- to be doing over the next 5 weeks. rural Montanans for the simple reason ary. There is a lot to do in a very short pe- that, right now, they are sort of being If anybody has the idea that the re- riod of time, but I am convinced that pushed into the background when we finers are making a lot of money, look with determination and focus and by start talking about what is happening at their return on investment. It is not leading on principle, we can and we in our economy. Even though our live- very big. So people point their fingers must govern with meaningful solutions stock prices are decent, the grain pro- at the refiners. Do they point their fin- on the issues that matter, and they can ducers, and many other folks, still gers at the big oil companies? Yes, be delivered to the American people. have a real problem because they can- they do, and in some cases justifiably We can make America stronger, we can not get their arms around this business so. We can sit here and poke holes in make America safer, and we can make of containing costs, and the cost of en- that argument. But our basic problem it more secure. We must keep America ergy is their main issue. is siting and building facilities to sat- moving forward. Whenever gas and diesel prices go up, isfy a growing demand. If you want to build a new refinery, f it goes up on the farm also, and the cost of putting a crop in and getting it or if you want to build a new pipeline RESERVATION OF LEADER TIME out has increased substantially due to to move the crude to the refining The ACTING PRESIDENT pro tem- these high energy costs. areas, I will tell you, you are going to pore. Under the previous order, the We are a big State. We are a mobile have sticker shock when you look at leadership time is reserved. State. We are 147,000 square miles. Yes, what it costs just in permitting and we only have 900,000 people, and some siting for that facility. It is unbeliev- f could probably make the case it is get- able. 25 percent of the estimated con- MORNING BUSINESS ting a little crowded up there. We have struction cost of a new refinery now to drive long distances just to do busi- will be eaten up in permits and siting, The ACTING PRESIDENT pro tem- ness around the State, and these en- and all because of some laws and regu- pore. Under the previous order, there ergy prices are impacting all of us. lations that basically do not serve this will be a period for the transaction of Everybody wants to stand around on country very well. morning business for up to 60 minutes, the floor of the Senate pointing fin- Am I justifying the prices today? with the first half of the time under gers, when we could be looking at the Somewhat. But I think what we are the control of the majority leader or real case of cumulative effects—of seeing is a perfect storm of cumulative his designee, and the second half of the what we have done in policy and what effects, of not keeping pace with our time under the control of the Demo- has to be done to produce more energy ability to produce and lift oil from the cratic leader or his designee. for a growing society and a growing ground. The Senator from Montana. economy. Alternative fuels and renewable fuels f We are driven by agriculture in my are also an important part of our en- State. Farmers and ranchers are price ergy program. ENERGY takers; in other words, we sell whole- In 2002, we actually got a title into Mr. BURNS. Mr. President, this sale, we buy retail, and we pay the the agricultural bill that dealt with re- morning the leader touched on a lot of freight both ways. Any time we talk newables and agriculture. We knew problems we have before us as we come about freight, whether it is delivering that we were going to have an energy back from Easter break. I know most or receiving, energy is involved. bill and that title would dovetail into of us have been home and listened to So we are caught in what some would some of the policies that we wanted to the folks at home. Most of us have think is a perfect storm. We haven’t put forward in an energy bill. We knew probably come back with more chal- hit the $3 mark for gasoline in Mon- that an energy bill should come pretty lenges than when we left. Here are a tana yet, as other parts of the country quick. However, it did not come quick- couple of issues. have, but we are nearing it. In fact, we ly. It came some 4 years later. After I was glad to hear the leader bring up are so close to it that folks are afraid dragging and stalling and putting up the situation on insurance premiums, of what will happen if we do hit it. all kinds of barriers, we finally got an especially for small businesses and the I will tell you this: We have a situa- energy bill in 2005, and we did dovetail self-employed. Senator ENZI of Wyo- tion in northeast Montana and north- some of the elements on renewables as ming and I have been working on the west North Dakota called the Williston it relates to agriculture. small business health plans for almost Basin. This area is quite a large pro- In 2007, we will renew the Agriculture a year now. That is nothing new. It is ducer of oil and gas. When we start bill. And I would not be a bit surprised not a new idea. Ever since I joined the quoting the price of oil on the New if we do not see energy even in the Small Business Committee and even York Mercantile Exchange, we are not main title because we can produce re- under the chairmanship of my good really talking about what the cash or newables and we can produce alter- friend from Arkansas, Senator Bump- spot price of oil is costing today. Do native fuels to make sure we wean our- ers, prior to 1994, we were working on you realize, even though everybody is selves off of our dependency on foreign the same issue, but we were unsuccess- talking about the price of $73 a barrel, oil. We have to do that. We are going to ful then and have been unsuccessful up that market price is not being paid to get it done even though there are peo- until now in striking a balance. There our oil producers today? It is a long ple who will obstruct and drag their is broad support for the approach being way from that $73. In fact, it is from feet in setting the policy. taken by the chairman of the HELP $25 to $35 lower than even the spot I see my good friend from Utah is in Committee. price. Why? We are finding more oil, we the Chamber. Whenever you are pro- If you talk with folks engaged in are doing a better job of finding oil and ducing oil at post-1970 production in small business, Montana businesses lifting it, but the infrastructure of the State of Montana, that means we with 10 employees or less have little or transportation—in other words, getting have crude oil, like the crude oil that no leverage when it comes to buying the crude to the refineries—and the re- could go to refineries today in his group insurance or trying to broaden fineries’ capacity to refine it has not State of Utah, from pipelines that are their pool to keep their insurance pre- kept pace even with our own produc- fed out of Montana, as well as to refin- miums at a minimum. I look forward tion in the United States. Therein lies eries in Montana and also in Colorado. to that debate when the bill comes to a problem, and it is one we have to ad- Do you realize a 36-inch pipeline moves the floor, and I look forward to final dress. something like 86 thousand barrels a passage and getting it to the President We have not built a refinery in this day? We can’t even get on that pipe- for his signature. country for 30 years—35 years, I think, line. That pipeline is owned by Canada,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3438 CONGRESSIONAL RECORD — SENATE April 25, 2006 and it is full of tar sands oil moving to economy that supports a very mobile and there are events going on around the refineries in Utah and Colorado. Mean- society. world that affect the world price of oil. while we are actually slowing down For alternative fuels, our technology I note that he uses the term production at wells since we can’t get is moving right along. We have many ‘‘world’’—I could count how many all the crude oil being produced in the technologies that are going to help us times, but multiple times—and we act Williston Basin area today out of the in ethanol production, especially the as if this is a domestic problem. We act area. If we do manage to get some of cellulosic technology that uses plant as if this is something we in Congress the crude oil on the pipeline, it is at a residues. What we usually throw away, or the President in the White House discounted price of around $25 to $30 a the waste, can now be turned into en- can wave a magic wand and do some- barrel. ergy. thing about. What is wrong with this picture? The Biodiesel is viable. Genetically im- I would like to point out a few facts infrastructure isn’t there to move the proved oilseeds are being produced and and perhaps bring a little humility into oil. The refining capacity is not there can be turned into a cleaner diesel. We this body, something that is in fairly to refine the oil. We are picking and were in Billings yesterday and saw an short supply but in great need. choosing who gets the oil on the pipe- experiment of what can be done with As Mr. Ebel points out, the price of line and who gets to sell their crude oil biodiesel. We are the Saudi Arabia of oil is set by a series of world events. It at prices that are far less than $73 a coal in Montana. There are ways to is not set in the Congress. It is not set barrel. The price that is going through turn that into diesel. Basically, we in the White House. People look at the the roof, that we hear so much about, haven’t found any alternative to diesel cost of a gallon of gasoline and say to is the oil futures price, which is set by in moving big loads. We have to con- themselves: You know, it only costs— speculators and expectations. That is tinue our research and development picking numbers out of the air but not the spot price. Americans have to and our effort to turn what we grow being illustrative—$1.50 to put that understand the difference. every year, what is renewable every gallon of gasoline in the tank at the So we need infrastructure, but we year, into usable, practical renewables service station, yet the service station also need this ability to produce the al- to fuel our every day lives. operator is charging me $3 to take it ternatives and the renewables and to So I hope that during this week poli- out; there is price gouging going on get those energy products on line as cies which would increase production, somewhere. The reality is that the well. And we can do just that if we whether hydrocarbon or renewable, price in the tank at the service station don’t have to chew up 25 percent of our could move out because there is noth- is not figured on the basis of what did construction costs just in permitting ing in the short term that is going to it cost to get that gallon there; the and selecting a site in which to do the take care of it. I tell you: we have to price at the service station is figured work. look at the long term of where we want on the cost of what will it cost to re- I know that high costs affect people to be in 20 years and ask ourselves how place that gallon there. So the reason a who have to drive automobiles to get we get there. To formulate that policy gallon of gas is at $3 at the service sta- to work and have to go places to make in 1 week is asking a lot from this body tion is that all of the forces involved in this economy grow. Yes, the President or any other policymaking body. None- putting that gallon of gas in there as- is right on. Let’s take a look at the oil theless, we have to take up that chal- sume that it will cost $3 to replace it; companies. Let’s see what is going on lenge and be aware of what is hap- therefore, they better charge $3 for it there. Let’s get on the internal part of pening on our farms and ranches across in the first place. it and see what the prices are all about this country because the second thing Now, they may be wrong. It may be today. every one of us does when we get up in that they can replace that gallon of gas But I stand here today with the ap- the morning is eat breakfast, and we for $2.50, and as soon as they come to peal that we need to look at our food know the cost of that is going to rise if that conclusion, that gallon of gas will and fiber production across this coun- we don’t address this business called come down to $2.50. It may be that the try. high energy prices. cost of replacing that gallon of gas will I will tell you something else I found There is a cumulative effect here. We be $3.50, and at that point, everybody out while driving around Montana. I could point fingers at one, two, three, will lose some money along the way. would drive down the highway through or four different contributing factors, But whether it is the production of oil a little town, and if I saw a little res- but it is the perfect storm of all these in the oilfield, the transportation of oil taurant there, a little cafe´ with six or factors that have come together. Fi- around the world, the refinement of oil seven pickups sitting there, I would go nally we are being sent a message that in the various refineries, the transpor- in and have a cup of coffee. You will policy has to be changed in order to in- tation from the refinery to the service get some conversation going on in crease our ability to move Americans. station, everyone is making a guess as there, I guarantee you. When I hear of I thank the Chair, and I yield the to what it will cost for the next gallon farmers cutting back on the use of fer- floor. of gas along the way, and that shows tilizer by almost a third last fall and Mr. BENNETT. Mr. President, to- up in what appears at the service sta- this spring when going in with their day’s papers are filled with stories tion. crops, that sends a message to the rest about energy prices and particularly So when there is trouble in Nigeria, of the country that food and fiber pro- gas costs and editorials demanding someone says, by virtue of that trouble duction is being negatively impacted that the Congress and the President do in Nigeria, the next gallon of gas is by these energy costs. Yields go down, something about it. I think perhaps the going to cost more than we think, and the amount of grain and food products best comment that appeared was in that is why the price goes up. If there that moves to the marketplace goes this morning’s Wall Street Journal in a is trouble and difficulty in Iran, well, down. The producers just can’t afford story with the headline ‘‘Bush Aims To that is going to cause the price to go the fertilizer. Then they go to pay Rein In Gas Costs,’’ where there is a up, and let’s bet against that future. If their diesel costs for putting the crop quote from Robert Ebel, who directs there is trouble in Venezuela, then that in and taking it out, and it makes for the energy program at the Washington figures in. When it turns out that the a very interesting discussion around Center for Strategic and International trouble doesn’t materialize, the price the restaurant or the cafe in the coffee Studies. All of us are familiar with of gasoline drops dramatically, and we clutch. Usually those fellows have all CSIS and the good work that it does. I have seen that in this past history. the answers, if you will just listen. I would like to quote Mr. Ebel because The primary thing that started gas hope most of our Members of this Sen- what he has to say is the clear under- prices going up was Katrina. Why? Be- ate would do that: Just take off, sit standing of where we are. He says: cause Katrina wiped out a good per- down in a restaurant, listen to what centage of our refinery capability. As A good politician never admits he’s power- people are talking about, and then try less in a situation, but I don’t see anything the Senator from Montana has pointed to come up with some sort of policy that the Congress can propose that will out, we haven’t built a refinery in this that would increase our ability to make any difference. We don’t stand in isola- country for several decades. We need to move and to be mobile and to fuel an tion from the rest of the world oil market, get about it. But that is a 5- to 10-year

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3439 problem. We can’t instantly create a can pay attention and be a little more Trade Commission was authorized and refinery out of nothing. As the refin- humble before the power of market charged with doing an investigation, eries were shut down as a result of forces. If we think Government can in- which they are doing as a criminal in- Katrina, the price of gas spiked as peo- tervene with market forces and vestigation, into possible price ple anticipated that there would not be produce long-term lower prices, all we gouging. I was pleased to be joined by enough supply. As the refineries came need to do is dredge up memory of Senator DORGAN and Senator BOXER back on line more rapidly than any- what happened the last time we pan- and others in that effort. body anticipated, the price of gasoline icked about this as a nation in the Since that time, because they began dropped. 1970s. Under the leadership of President to move extremely slowly last year, I Now refinery capacity is being shut Carter we created a synfuels corpora- was pleased to coauthor an increase of down again. Why? Because we here in tion, created oil company windfall $1 million in the budget in order to this Congress mandated the replace- taxes, and ended up in lines on separate fund that investigation. We passed that ment of MTBE with ethanol, and the days. You could only get your gas tank last fall. There have been bipartisan refineries have to gear up to make that filled on alternative days. Ultimately, letters that have gone to the Chairman shift. When they do that, they shut we saw all of the effort collapse when of the FTC saying let’s get going. That down in order to retool. When they market forces finally took hold and occurred last fall, last September. Now shut down, there is a lack of gasoline, brought the prices back in line. we are seeing from the Federal Trade and you have prices going back up I know it is not a message people Commission that they intend to have again. Once they have made the shift want to hear. I, like Senator BURNS this report done, this investigation over, we will find those prices will and other Senators, have been out in done by May 21. start to come down, unless there is my constituency during the break, and It is about time. First I would say: Mr. President, it is your FTC. You ap- some other unsettling situation some- I heard people talking about: What are point the majority of the members on where in the world. you going to do about gas prices? I had the Federal Trade Commission. You The bottom line, to repeat a refrain I two choices. I could either tell them I have stated ever since I have been in should know that this is going on. will come back here and I will fight to I encourage the President to be en- the Senate, is that we cannot repeal lower the gas prices—and make them the law of supply and demand. We en- gaged with what his Federal Trade feel good—or I could tell them the Commission is doing at this very mo- grave Latin phrases around here—and truth. I chose to tell them the truth. they are wonderful—to remind us of ment. Hopefully, we are going to get This is a long-term problem, it is a se- the right kind of investigation with our history and our background, but if rious problem, and it can only be I could control what we carve in mar- tough recommendations that will tell solved by serious policies. The most in- it like it is. This is already occurring. ble and see every day, it would be that telligent serious policy that we can statement: You cannot repeal the law Right now the investigation, as I said, adopt is to do whatever we can to fa- is structured as a law enforcement of supply and demand. If we had built cilitate the kinds of competition and case. They are working with the CFTC, the facilities in ANWR in 2001 when market forces that ultimately will with the States Attorneys General there were sufficient votes in the bring supply up and prices down and right now. I encourage everyone inter- House but was killed in the Senate, it deal with the demand side as best we ested in this issue to give their input is likely that oil would be coming on can through conservation. to the Federal Trade Commission that line now, because at the time people It is not a quick fix. We can’t pass a is already doing an investigation. said: Don’t get excited about ANWR; it resolution and say, gee, look what we In fact, one of the things they found is going to take at least 5 years. Well, did and see something happen at the doing this investigation, as they sent 2001 was 5 years ago. If we had done pump the day after tomorrow. It is out 200 investigation demands which that, we would start to see that oil. time we recognize that fact and told are roughly the same as subpoenas, Would it lower the price? Of course it our constituents the truth. ExxonMobil, back in January-Feb- would because it would change the I yield the floor. ruary, filed a petition to quash the equation of expectations of people who The ACTING PRESIDENT pro tem- FTC subpoena for tax information. are involved in this whole situation. pore. The Senator from Michigan. Fortunately, the Commission denied One last comment. I have talked f the appeal and ExxonMobil had to sub- about ethanol, and I have talked about FTC INVESTIGATION sequently comply. But now they are MTBE. These are additives to lower the looking at manipulation and gouging, emissions that come out of gasoline, Ms. STABENOW. Mr. President, I whether or not that is happening. They and they are good things. They are, rise today to talk about gas prices and are confident, they say, that they however, expensive, and we cannot say the energy situation in our country. found enough information for a solid on one hand: OK, let’s get the price of First, to agree with my distinguished determination in their final report, gasoline as low as possible, and by the colleague from Utah, in fact there are which is expected on May 21. way, while we are doing it, let’s put long-term issues we have to address. I say, first to my Republican col- new burdens on the refineries that re- There is no question about that. Alter- leagues, to the leadership, to the Presi- quire this additive, that additive, and native fuels, the efforts to put forward dent, this investigation is already the other additive, that will require very aggressive alternatives such as going on. I am glad you now think the creation of what are called bou- ethanol, soy-based biodiesel, and other there ought to be an investigation. But tique fuels, so that the refinery, in- alternatives that create real competi- we would appreciate it if you would be stead of just putting out gasoline in tion, are critical, but there are short- involved in making sure what the FTC regular or super high test, are putting term actions we can take right now does is tough and smart and tells it out a boutique fuel for this part of the that will help the families who are like it is in terms of what is really country and a boutique fuel for that being squeezed on all sides by out- going on. part of the country and a boutique fuel rageous prices, along with out- Gasoline is not a luxury for the fami- for the other part of the country. That rageously high profits of the oil compa- lies of Michigan or the families any- means constantly retooling, shutting nies. where across the country. It is a neces- down, starting up, changing, and all of Today our leader on the floor, our sity. Families are caught in a bind be- that adds to the cost. Republican leader, said there ought to cause, on the one hand, this is not a We have added to the cost here in the be an investigation going on, and the regulated utility like electricity, and Congress in the name of environmental President said today we ought to have there is not enough competition with protection. I am not saying environ- an investigation going on as to possible basically five different companies. We mental protection is bad, but I am say- price gouging. I come to the floor all know there is not enough competi- ing it costs money. We should pay at- today, as the author of the amendment tion because of the consolidations that tention to that so when the time comes that successfully passed in the Energy have gone on. So what happens? Amer- for us to say what can we do about the bill last August, to say that we have an ican consumers are stuck in the mid- high gasoline prices, the answer is we investigation going on. The Federal dle, squeezed on all sides.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3440 CONGRESSIONAL RECORD — SENATE April 25, 2006 Now in Michigan it costs about $42 to $500 rebate per taxpayer in this coun- lieve it would be good policy to have fill up a tank. That is $4 more than last try to pay the cost of higher gas prices such a statute. They would find it dif- month; $150 more than last year. We for the coming year. The average tax- ficult to enforce and therefore they are told by the Energy Information Ad- payer is going to pay $500 more. I think urge Congress not to proceed. ministration there is going to be an av- that is a better use of those dollars I think that is a mistake. I think we erage 25-cent increase this summer. We than putting it into more tax breaks should bring an anti-price-gouging already know that numbers are topping for an industry that is already the statute to the floor, and we should pro- $3, in some cases around the country $4 most profitable, with the most out- ceed to pass it as soon as possible. So a gallon. rageous salaries, and that continues to that is on the manipulation issue. What this means on average to price gasoline at a level that is out of What about supply and demand and Michigan families is about $500 more in control. the effect that is having on the price of the cost of gas for this year—about I am hopeful my colleagues will be gasoline? Clearly, the supply is not $500. For the average family that is a offering this in various capacities. It what it needs to be to meet demand mortgage payment. That is the rent. would be terrific to get this passed today. Trying to increase simply over That is a car payment. It is paying for right away because families could have the short term is very difficult. The food. It is the difference between help- their checks in the mailbox before most likely prospect we have for in- ing your kids buy books when they Labor Day to help them pay the out- creasing supply in the next few years is need to go to college. This is a big deal. rageously high gas increases that we legislation that I have cosponsored Yet we see comments coming from the are seeing: $500 tax rebate checks for along with Senator DOMENICI to try to head of ExxonMobil, Mr. Raymond, families, no to the oil companies on open up an area in the gulf coast for who dismissed the concerns between more tax breaks, and that at least gets drilling. That is lease sale 181. That Exxon’s record profits and out-of-con- us on the right track while other long- legislation would open up for develop- trol gas prices when he said on CNN term efforts needed take place. ment an area that is estimated to con- that a single quarter or single year’s Mr. President, I yield. tain 6 trillion cubic feet of natural gas, profits is not all that significant. The ACTING PRESIDENT pro tem- an area that is estimated to contain 1 Mr. Raymond, it may not be signifi- pore. The Senator from New Mexico. billion barrels of oil. That would help. cant to you. It is significant to the peo- Mr. BINGAMAN. Mr. President, I That is not an immediate fix, but over ple in Michigan. Five hundred dollars want to take 5 minutes to talk a little the next few years that could begin to more is significant. It is a big deal. about the energy issues that are affect- help with the supply situation. We also know that according to our ing us and challenging us as a nation What about demand? Frankly, that is businesses—for instance, General Mo- and the high price of gasoline more the area where we could do the most tors executives say that every time specifically. I am persuaded that most good. In the Energy bill we passed last there is a $1 increase in the price of a of the increase in the price of gasoline year, we did some things to try to re- barrel of oil it adds $4 million to GM’s that we are seeing at the pump is a re- duce demand, to try to encourage addi- logistical costs. So this is an issue of sult of the increase in the price of oil tional efficiency, to try to encourage jobs. Petroleum costs equate with what and that most of that increase in the additional conservation, but we did too is happening on jobs. So this is a big price of oil is a result of supply and de- little, in my view. deal. mand factors. Not all of it, necessarily, There is more that can be done, par- It is also a big deal for the oil compa- but the majority of the cause is with ticularly in the transportation sector. nies. As we all know, we have all been supply and demand. This is legislation that I am joining seeing the numbers, the total combined So the question comes down to what with others on in a bipartisan group to profit for the big five oil companies can we be doing to come to grips with introduce this week which is called the last year was $111 billion. For 2005, this supply and demand situation? To Enhanced Energy Efficiency Act of ExxonMobil reported the highest prof- the extent that there is manipulation 2006. This legislation would try to set its ever recorded in U.S. corporate his- of the price, what can we do to deal targets and goals and requirements for tory. with that? the various Federal agencies to adopt, What adds insult to injury is when we Let me talk about the manipulation policies to save oil over the next sev- look at the things like the CEO com- first. I strongly support putting in eral years—and it would put specific pensation. He is being paid a total com- place a Federal statute that prohibits amounts of savings that we would work pensation package of $69.7 million. price gouging. Many States have simi- toward. They could do that through a That is about $110,000 a day, by the lar statutes, and they have had some variety of initiatives, a variety of pol- way. Most people in Michigan don’t success in the enforcement of those icy changes and regulatory changes to make $110,000 a year, and we have the statutes. But we have no Federal stat- encourage more fuel-efficient vehicles, head of the largest oil company mak- ute to that effect. We had a hearing. to encourage fleet conservation re- ing $110,000 a day, with a $400 million That was a joint hearing between the quirements, assistance to State pro- retirement package. Then we are to ex- Energy Committee and the Commerce grams to retire fuel-inefficient vehi- pect that this is just the global mar- Committee a couple of months ago. It cles, assistance to States to reduce ketplace happening, that there is noth- was in November, so it has been more schoolbus idling. ing we can do? I don’t accept that. than a couple of months ago. We had There are a variety of provisions in In the short run we can do one thing the head of the Federal Trade Commis- this bill. These are provisions which and that is go back to the drawing sion, Deborah Platt Majoras, there tes- were included in a bill that Senators board on a bill that is in conference tifying. The Federal Trade Commission BAYH, BROWNBACK, COLEMAN, and var- committee right now on tax cuts. That is the Federal agency that would be the ious other Senators introduced earlier has over $5 billion in new tax cuts, tax natural agency to have responsibility in this Congress. I think it was S. 2025. breaks for oil companies, some of it for enforcement of a Federal anti- But these are provisions that would be based on their businesses overseas. We price-gouging statute. She testified: under the jurisdiction of the Energy can say no. This industry does not need A Federal statute that makes it illegal to Committee. These are provisions that I taxpayers to subsidize $5 billion-plus, charge prices that are considered to be too believe would begin the process of plus another $2 billion in the Energy high as long as companies set those prices looking more seriously at ways we can bill that passed last year. We are look- independently would be a mistake. The omis- reduce demand. ing at $7 billion in increased tax breaks sion of a Federal price gouging law is not in- We could encourage efficiency in our that American taxpayers are sub- advertent. It reflects sound policy choices. use of energy, and particularly in our sidizing while we are paying the higher The clear position of the Federal use of oil. These are steps that could be prices? No. Trade Commission, as articulated by taken—that need to be taken. I have introduced a bill called the Oil the Chairwoman of the Federal Trade I think we should pass a Federal Company Accountability Act that says Commission of this administration, is anti-price-gouging law. We could do no to more tax breaks for oil compa- that they do not want a Federal anti- that quickly. We can get that to the nies and puts that money back into a price-gouging statute, they do not be- President for his signature.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3441 We can also pass this other legisla- ing, and energy and gasoline? It has rebate from the windfall profits of tion. We can pass the legislation that gone up dramatically across America. these oil companies going right back to opens lease sale 181 for development. That bill was a failure. It was a failure the families who are being flailed by That, again, would help somewhat with because this administration believes these high gasoline prices. That would the supply situation. Unfortunately, it the price at the pump is the fault of send a message to the oil companies is very difficult to affect the price of the consumers. It isn’t. The consumers that their price gouging is not going to gasoline through legislation in the have nowhere to turn. That bill that go without penalty. They will pay a short term. I think we all need to ac- was passed was an outrage. There were price for it. Those who would benefit knowledge that. But I believe there are some provisions in it that I supported— from the windfall profits tax are the steps we can take. I believe there are expanding the use of alcohol fuels, al- very consumers who are paying these policies we can adopt. I hope we can ternative fuels—but the bill also con- high energy prices. work in a bipartisan way to do that. tained multibillion-dollar subsidies to I think that is what we need to do. I hope we can come to the aid of the the oil industry at a time when they We need to understand that if we are American consumers who are having to are enjoying record-breaking profits. going to have an energy policy in pay these very high prices for gasoline We are going to take money away America which keeps our economy at this time. from taxpayers and give it to industry? moving forward, we need to acknowl- I yield the floor. What in the world could we be think- edge the obvious. It is not the con- The ACTING PRESIDENT pro tem- ing? sumers’ fault. The consumer has no- pore. The Senator from Illinois. The bill also has had no meaningful where to turn at this point but to pay Mr. DURBIN. Mr. President, this conservation effort. How can we be se- these high gasoline prices. It is the morning the President of the United rious about an energy policy in Amer- fault of leadership—the leadership at States held a press conference and an- ica if we aren’t moving toward more the oil companies that will take every nounced the following: Prices at the fuel-efficient cars and trucks? We con- last penny out of every working family pumps reflect our addiction to oil. tinue to import oil from overseas with they can at the pump, and it is the So it turns out it is our fault. It abandon. fault of an administration which comes turns out it is the fault of the con- Why hasn’t this administration set from the oil patch and has been afraid sumers. It is the fault of families and as a goal for America what the Demo- to confront their old friends when it businesses and farmers that the prices crats argued for on the floor; that is, comes to these rising gasoline prices. have gone so high. I don’t think so. I that we would reduce our dependence It is time to start anew. It is time to think the prices at the pump reflect on foreign oil by more than 50 percent start on a bipartisan basis to under- the oil companies’ addiction to greed. over the next 10 years? We can do it stand that this isn’t just a temporary Let me give you a case to consider. with the vision and leadership of a inconvenience. It is something which Lee Raymond, CEO of Exxon, recently White House that is not wedded to the can seriously handicap this economy retired. Did he get a gold watch for his oil industry but wedded, rather, to an for a long time to come. service to Exxon? No. Mr. Raymond economy that is being at this point se- I just returned from Illinois. I spent was given a severance package of $400 riously disadvantaged by the terrible 2 weeks traveling all over the State, million. And the prices at the pumps increases in gasoline prices. the city of Chicago, and suburban reflect the consumers’ shortcoming? When the President wants to blame areas. I tell you that I expected to hear ExxonMobil recorded the highest cor- the consumer pulling up to the pump a lot about the Iraqi war, a lot about porate profits in the history of the for his addiction to oil, I have to ask immigration, health care, education, United States of America. Money went the President: What have you done? and I did hear about those, but the straight from the credit cards of Amer- What has Congress done? What should thing that is focusing the attention of ican families into the board rooms of we do? the people in Illinois is the price at the ExxonMobil. They realized billions of Let me say this: Despite my serious gasoline stations. dollars in profit, and they turned misgivings about the energy policy of These families understand that this around and gave Mr. Raymond, as a this administration which believes the is a hardship they never counted on. It farewell gift for his fine tutelage over answer to our prayers is to drill for oil is bad enough in this country when their company, $400 million as a going- in a wildlife refuge in Alaska that we these families struggle to try to make away gift. And the President says the have protected for 50 years, a refuge a living, to put their kids through price at the pumps reflects the con- which at best will start producing oil school, make that mortgage payment, sumers’ addiction to oil? What choice in 10 years, and over its lifespan but then to have these oil companies do consumers have? produce 6 months of energy for Amer- and their rapacious greed charging You go shop around in your home- ica, as if this is the answer to our pray- higher and higher prices for their prod- town, as I did in Springfield and Chi- ers, that is very shortsighted. We need uct and taking $400 million so Mr. Ray- cago. There is some variation from to come together. We need to under- mond can have a sweet retirement pump to pump, from gas station to gas stand that when the Republican leaders from ExxonMobil, that is unconscion- station. By and large, consumers have in Congress and the President of the able. nowhere to turn. United States are saying we had better It is time for the President to speak What is happening is the price of gas- call the Federal Trade Commission be- out. It is not a question of whether our oline is going up so fast, so high, that cause something is going wrong with addiction to oil has caused this prob- it is creating a hardship—not just for gasoline stations—America, excuse me; lem. It is not the consumers’ fault. No. farmers and individuals but for Amer- the Federal Trade Commission is part It is the fault of the oil company ex- ica’s economy—for the farmers I rep- of this administration. Why are they ecutives and this administration which resent who are trying to put a crop in waiting until this moment in time needs to show real leadership so this the field, for businesses that depend on when all the bells and whistles and economy doesn’t stall. the cost of energy as one of their input alarms are sounding to finally realize I yield the floor. costs. That is a reality. that we have to move on price gouging The ACTING PRESIDENT pro tem- Let me say to the President that the and price fixing? pore. The Senator from Oregon. prices at the pumps don’t reflect our I think it is time to have a windfall Mr. WYDEN. Mr. President, I would addiction to oil; they reflect a failure profits tax. I introduced that bill. very much like to work on an energy in leadership by this White House. When ExxonMobil can realize billions policy in a bipartisan way. I think we It hasn’t even been 1 year—not 12 of dollars of profit at the expense of all understand that the only way to get months—since the President ceremo- American businesses and families, it is anything important done in Wash- niously signed the Energy bill for time for us to step in and say that ington, DC, is to work in a bipartisan America’s energy policy last August. money is coming back to the Treasury way. Unfortunately, the same Bush ad- What a great bill that has been. Since and back to the consumers. We have ministration that so tragically bungled that bill was signed, what has hap- talked for a long time about tax cuts the response to Hurricanes Katrina and pened to the price of energy and heat- for average families. How about a tax Rita has now bungled its way to $3-a-

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3442 CONGRESSIONAL RECORD — SENATE April 25, 2006 gallon gasoline. And in particular, I am same kind of bumbling and bungling every opportunity we have tried to un- concerned that all of the evidence approach that was taken in responding dertake to expand domestic production showed that this spring we would have to Hurricanes Katrina and Rita has at home by exploring places such as these problems. driven our gasoline prices over $3 a gal- the Arctic Wildlife Refuge in an envi- The administration, for example, has lon. We ought to come together. I rec- ronmentally responsible way and drill- given Congress a variety of reports ommended yesterday in a lengthy ing offshore in America in a way that about how post-Katrina we would have speech a variety of steps we could take can preserve both the environment but evidence of a supply problem. With re- in the short term—for example, helping also increase the supply of oil and help spect to the changeover from MTBE to the States to make this transition to bring down the price of gas. ethanol, all the evidence was available ethanol easier. We can do it in a bipar- Congress can do a lot of things, but many months ago. The Wall Street tisan way. If it were not for the bun- we cannot repeal the laws of supply Journal was warning about it—that gling of this administration over the and demand. Without additional sup- there would be huge logistical prob- last year and its failure to take the ply, we know with additional demand, lems for service stations and others to steps that could have prevented much prices will continue to go up. Because make that changeover. of what we have seen, we would not of obstruction and unreasonable regu- We know that ethanol—and the Sen- have to come to this point. That is un- lation we have not seen a new refinery ator from Illinois has been one of the fortunate. The American people have built in this country in the last 30 leaders in this effort—is going to play been gratuitously hammered again. It years. an important role in America’s gaso- didn’t have to be. Our time would be used more produc- line future. Given that, this should I yield the floor. tively if our colleagues across the aisle have been an all-hands-on-deck ap- The ACTING PRESIDENT pro tem- would work with us to diversify and ex- proach at the administration trying to pore. The Senator from Texas. pand the sources of domestic energy so watchdog the transition from MTBE to Mrs. HUTCHISON. Mr. President, I we can help bring down the price at the ethanol. This is an administration with have been listening to the debate in the pump. It would be much more con- enormous expertise in the oil area. For Senate. Senator CORNYN is going to re- structively used if we work together all practical purposes, this is an admin- spond in a little more detail. Honestly, rather than attempting to score polit- istration that is almost marinated in it is very important we address the en- ical points and to place the blame in a oil. One official after another has a his- ergy issue in a way that suggests what political season. tory and a background in this sector. we can do. The people of America are I yield the floor. Yet where was the Department of En- not interested in Democratic charges f ergy? Where was the Environmental against Republicans and Republican Protection Agency? Where was the charges against Democrats. They want CONCLUSION OF MORNING Commodity Futures Trading Commis- more resources so the price of gasoline BUSINESS sion at a key time in our country’s en- at the pump will come down. The ACTING PRESIDENT pro tem- ergy future? In my hometown of Dallas, there are pore. Morning business is closed. With all the problems overseas—Ni- shortages now in addition to the high f geria, Venezuela, and Iraq producing a prices. We need to do some things that tiny fraction of what they were able to diversify our resources so we depend on EXECUTIVE SESSION produce before the war—we knew that our own resources for oil and natural this was going to be a difficult time gas. That means drilling for oil in our NOMINATION OF GRAY HAMPTON this spring. country and trying to make sure we MILLER TO BE UNITED STATES I talked to a gasoline station owner have conservation and alternative DISTRICT JUDGE FOR THE last night. I pulled up and was faced sources of energy, which is exactly SOUTHERN DISTRICT OF TEXAS with the prospect of $3.25 a gallon. what Congress has been trying to do. That station owner said: Nobody gave We have been held up in doing it. The ACTING PRESIDENT pro tem- us any information at all about how to I appreciate very much this oppor- pore. Under the previous order, the proceed in this significant switchover tunity. I am very pleased to work with Senate will proceed to executive ses- from MTBE to ethanol. my colleague, Senator CORNYN. sion for consideration of Calendar No. They have to clean their tanks. Mr. CORNYN. Mr. President, I will 602, which the clerk will report. There are tremendous logistical prob- use a few minutes to respond to some Under the previous order, there will lems and a different role for transpor- of the voices that have been raised re- be 5 minutes for the Senator from tation with respect to trucks and rails garding the fuel prices. Of course, this Texas. versus pipelines. Normally, you would is an issue that affects everyone. It is The bill clerk read the nomination of have taken a much longer period of ironic that those who have railed the Gray Hampton Miller, of Texas, to be time to make this changeover. That loudest against high gasoline prices are United States District Judge for the wasn’t done. the ones who indeed are responsible for Southern District Of Texas. So the administration should have obstructing rational energy policy in The ACTING PRESIDENT pro tem- been there working with the service this country that would bring down the pore. The Senator from Texas. station owners and the oil companies price of gasoline itself. Mrs. HUTCHISON. Mr. President, I and a variety of parties to try to mini- For example, we all know that the take this opportunity to talk about mize the problems when you are having global competition for oil and gas is Gray Miller. Senator CORNYN and I are this massive transition in the energy greater with the industrialization and dividing this time because we are both area. So we are going to see instances growth of countries such as China, with responsible for nominating this incred- where people try to exploit the situa- 1.3 billion people, with the growth and ible person to serve on the Federal dis- tion. I hope we can get the Federal industrialization of countries such as trict bench from the southern district Trade Commission off the dime and fi- India. But notwithstanding the need to of Texas in his hometown of Houston. nally go out and take the steps to pro- diversify our energy sources to nuclear Senator CORNYN and I have a process. tect the public from this exploitation. energy and use the 300 years of coal we We have a committee made up of Re- It was known a year ago that this have in this country in a clean and en- publicans and Democrats, geographi- was a time when we would have a per- vironmentally sensitive way, we have cally diverse, lawyers respected in fect energy storm. We knew we were been met with nothing but obstruction their fields, who interview all of the going to have the equivalent of what when it comes to trying to both diver- nominees for Federal benches. There amounts to a level 5 hurricane in the sify our energy sources and to under- were quite a few nominees, probably 15 gasoline market. Yet the folks in the take policies that would literally bring to 20, for this particular bench. They administration sat on their hands. It down the price of gasoline at the pump. rank them. Senator CORNYN and I then did not have to be that way. It is no secret the single greatest fac- talked to the top 3 or 4 nominees. It I want to work in a bipartisan way to tor in high gasoline prices is high oil has been a great system. We have got- turn this around. Unfortunately, the prices. We have simply been denied ten extremely qualified judges on the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3443 district benches in Texas doing it this TER, as well as the ranking member, will serve his country honorably as a way. Senator LEAHY, for working with Sen- Federal district court judge should—by I appreciate the input of Senator ator HUTCHINSON and me to fill the im- interpreting and applying the law and CORNYN, a member of the Judiciary portant vacancy in the Houston Divi- adhering to established precedent. Committee, because he has been attor- sion of the Southern District of Texas. I am pleased that President Bush has ney general of Texas. His input is very Mr. Miller has been nominated to fill nominated Gray Miller to serve on the valuable and our system has produced the vacancy created when Judge Ewing court of the Southern District of a quality judge in Gray Miller. Werlein assumed senior status earlier Texas. I look forward to his service on Gray Miller is a senior partner at this year. Judge Werlein has served his the Federal bench in the Great State of Fulbright & Jaworski. Gray has headed country and the legal profession admi- Texas. I ask my colleagues to support the firm’s admiralty department, start- rably, and I commend him for his dedi- his nomination. ing in 1997. In fact, he is widely consid- cated service. Mr. FRIST. Mr. President, I ask for ered one of the leading maritime law- The Houston division is one of the the yeas and nays. yers in the world and was included in most important and diverse in the en- The ACTING PRESIDENT pro tem- Euro’s Money Guide to the world’s tire Federal judiciary as it is respon- pore. Is there a sufficient second? leading maritime lawyers. Included in sible for some of the Nation’s most There is a sufficient second. his many professional honors are acco- complex, notable commercial disputes The question is, Will the Senate ad- lades as a Texas superlawyer by Texas and criminal prosecutions. It is crucial vise and consent to the nomination of Monthly Magazine and recognition as that we fill this vacancy quickly and I Gray Hampton Miller, of Texas, to be one of the best lawyers in America. thank the committee for their vote to Gray Miller is one of the most honor- United States District Judge for the bring Mr. Miller’s nomination to the Southern District of Texas? On this able, hard-working Americans I have Senate floor. ever known. From 1969 to 1978 Gray question, the yeas and nays have been When I consider nominees for the ordered, and the clerk will call the roll. worked his way through undergraduate Federal bench, there are certain char- The bill clerk called the roll. and law school as a Houston police offi- acteristics that I value. In fact, I be- Mr. MCCONNELL. The following Sen- cer. He and his wife raised their two lieve that many of my colleagues also ator was necessarily absent: the Sen- children during this time. While he has appreciate these same characteristics. ator from Louisiana (Mr. VITTER). obtained exceptional skills and quali- First, nominees usually have a notable Mr. DURBIN. I announce that the fications as a lawyer and with the ad- history of public service. In addition, Senator from Minnesota (Mr. DAYTON), miralty specialty, which is a big part nominees are often well-respected by the Senator from Vermont (Mr. JEF- of the practice in Houston, his experi- their peers and have impeccable aca- FORDS), the Senator from Massachu- ence of serving as a Houston police offi- demic and/or professional records. setts (Mr. KERRY), the Senator from cer brings a unique perspective to the Last, nominees usually have a long and Wisconsin (Mr. KOHL), the Senator Federal bench. distinguished history of civil involve- He was appointed by the Governor of from Illinois (Mr. OBAMA), and the Sen- ment. Mr. President, Gray Miller pos- Texas to serve on the board of the ator from West Virginia (Mr. ROCKE- sesses these traits. Texas Department of Mental Health Mr. Miller has the necessary quali- FELLER) are necessarily absent. and Retardation. He is a lifetime mem- fications to serve on the Federal bench. I further announce that, if present ber of the 100 Club of Houston, an orga- He has been a long-time partner in the and voting, the Senator from Massa- nization that assists the families of po- distinguished Texas law firm of Ful- chusetts (Mr. KERRY) would vote lice officers and firefighters who are bright and Jaworski. He has excelled at ‘‘aye.’’ killed or injured in the line of duty. the practice of law and is well re- The PRESIDING OFFICER Mr. I am honored to recommend Gray spected within the legal profession for (BURR). Are there any other Senators Miller. He meets the high standards to in the Chamber desiring to vote? which we hold all judicial nominees. He his knowledge of admiralty and mari- time law. This nominee also enjoys the The result was announced—yeas 93, has an impressive record of service. He nays 0, as follows: has great judicial temperament. He support of the American Bar Associa- [Rollcall Vote No. 93 Ex.] shoots straight. He has an experience tion which has certified him as well- that is so diverse, from being an on- qualified after a thorough review of his YEAS—93 the-ground police officer who is dealing credentials. Akaka Dodd Martinez Furthermore, he devotes a substan- Alexander Dole McCain with the criminal aspect in our soci- Allard Domenici McConnell ety—we do not have enough people tial amount of his time to public serv- ice. Most notably, he spent 9 years as a Allen Dorgan Menendez with that background on the Federal Baucus Durbin Mikulski bench—to admiralty, which is an intel- Houston police officer, working his way Bayh Ensign Murkowski Bennett lectual contract, and international through his undergraduate and law de- Enzi Murray grees. Now, as a private practice attor- Biden Feingold Nelson (FL) law, part of the responsibility in the Bingaman Feinstein Nelson (NE) southern district of Texas. ney, he supports a variety of public Bond Frist Pryor With this array of experience and the service initiatives, including the Hous- Boxer Graham Reed ton Volunteer Lawyers Program and Brownback Grassley Reid integrity he holds, we have an out- Bunning Gregg Roberts standing nominee. I urge all of my col- Habitat for Humanity. He also pre- Burns Hagel Salazar leagues to support the nomination of viously has served on the board of Burr Harkin Santorum Gray Miller. trustees of the Mental Health/Mental Byrd Hatch Sarbanes Retardation Authority of Harris Coun- Cantwell Hutchison Schumer I yield the floor. Carper Inhofe Sessions Mr. CORNYN. Mr. President, I join ty and on the board of the Texas De- Chafee Inouye Shelby my colleague, Senator HUTCHISON, in partment of Mental Health and Mental Chambliss Isakson Smith commending to our colleagues this fine Retardation. He and his wife actively Clinton Johnson Snowe Coburn Kennedy Specter nominee to the U.S. District Court for support Houston schools for students Cochran Kyl Stabenow the Southern District of Texas. Soon- with learning disabilities and drug and Coleman Landrieu Stevens to-be-Judge Miller will succeed Judge alcohol problems. His devotion to the Collins Lautenberg Sununu greater Houston community is com- Conrad Leahy Talent Ewing Werlein, who assumed senior Cornyn Levin Thomas status early this year. mendable. Craig Lieberman Thune I add to all of Mr. Miller’s out- From a congressional page in 1965 to Crapo Lincoln Voinovich standing credentials my recognition a police officer in the 1970s to an ac- DeMint Lott Warner and our appreciation for Judge complished trial advocate, Mr. Miller DeWine Lugar Wyden Werlein’s service to his Nation and the understands and respects the role of NOT VOTING—7 legal profession during his time on the our three branches of government. He Dayton Kohl Vitter bench. has an unfailing respect for the judici- Jeffords Obama First, I thank the chairman of the ary and the jury system. It is with this Kerry Rockefeller Judiciary Committee, Senator SPEC- understanding that I believe Mr. Miller The nomination was confirmed.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3444 CONGRESSIONAL RECORD — SENATE April 25, 2006 LEGISLATIVE SESSION vided, That the amount provided under this øOPERATION AND MAINTENANCE, MARINE heading is designated as an emergency re- CORPS The PRESIDING OFFICER. The Sen- quirement pursuant to section 402 of H. Con. øFor an additional amount for ‘‘Operation ate will now return to legislative ses- Res. 95 (109th Congress), the concurrent reso- and Maintenance, Marine Corps’’, sion. lution on the budget for fiscal year 2006. $1,722,911,000: Provided, That the amount pro- f øMILITARY PERSONNEL, AIR FORCE vided under this heading is designated as an øFor an additional amount for ‘‘Military emergency requirement pursuant to section MAKING EMERGENCY SUPPLE- Personnel, Air Force’’, $1,145,363,000: Pro- 402 of H. Con. Res. 95 (109th Congress), the MENTAL APPROPRIATIONS FOR vided, That the amount provided under this concurrent resolution on the budget for fis- THE FISCAL YEAR ENDING SEP- heading is designated as an emergency re- cal year 2006. TEMBER 30, 2006 quirement pursuant to section 402 of H. Con. øOPERATION AND MAINTENANCE, AIR FORCE ø The PRESIDING OFFICER. Under Res. 95 (109th Congress), the concurrent reso- For an additional amount for ‘‘Operation lution on the budget for fiscal year 2006. and Maintenance, Air Force’’, $5,328,869,000: the previous order, the Senate will re- øRESERVE PERSONNEL, ARMY Provided, That the amount provided under sume consideration of H.R. 4939, for de- this heading is designated as an emergency øFor an additional amount for ‘‘Reserve bate only, until 2:15 p.m. requirement pursuant to section 402 of H. Personnel, Army’’, $166,070,000: Provided, The clerk will state the bill by title. Con. Res. 95 (109th Congress), the concurrent That the amount provided under this head- resolution on the budget for fiscal year 2006. The bill clerk read as follows: ing is designated as an emergency require- ø A bill (H.R. 4939), making emergency sup- ment pursuant to section 402 of H. Con. Res. OPERATION AND MAINTENANCE, DEFENSE- plemental appropriations for the fiscal year 95 (109th Congress), the concurrent resolu- WIDE ending September 30, 2006, and for other pur- tion on the budget for fiscal year 2006. øFor an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, poses. øRESERVE PERSONNEL, NAVY $3,259,929,000, of which— The Senate proceeded to consider the øFor an additional amount for ‘‘Reserve ø(1) not to exceed $25,000,000 may be used bill, which was reported by the Com- Personnel, Navy’’, $110,412,000: Provided, That for the Combatant Commander Initiative mittee on Appropriations, with an the amount provided under this heading is Fund, to be used in support of Operation amendment. designated as an emergency requirement Iraqi Freedom and Operation Enduring Free- [Omit the part shown in black brack- pursuant to section 402 of H. Con. Res. 95 dom; ets and insert the part shown in italic.] (109th Congress), the concurrent resolution ø(2) not to exceed $10,000,000 can be used for on the budget for fiscal year 2006. H.R. 4939 emergencies and extraordinary expenses, to øRESERVE PERSONNEL, MARINE CORPS be expended on the approval or authority of Be it enacted by the Senate and House of Rep- øFor an additional amount for ‘‘Reserve the Secretary of Defense, and payments may resentatives of the United States of America in Personnel, Marine Corps’’, $10,327,000: Pro- be made on his certificate of necessity for Congress assembled, vided, That the amount provided under this confidential military purposes; øThat the following sums are appropriated, heading is designated as an emergency re- ø(3) not to exceed $1,200,000,000 to remain out of any money in the Treasury not other- quirement pursuant to section 402 of H. Con. available until expended, may be used for wise appropriated, for the fiscal year ending Res. 95 (109th Congress), the concurrent reso- payments to reimburse Pakistan, Jordan, September 30, 2006, and for other purposes, lution on the budget for fiscal year 2006. and other key cooperating nations, for namely: øRESERVE PERSONNEL, AIR FORCE logistical, military, and other support pro- øTITLE I—GLOBAL WAR ON TERROR vided, or to be provided, to United States øFor an additional amount for ‘‘Reserve SUPPLEMENTAL APPROPRIATIONS military operations, notwithstanding any Personnel, Air Force’’, $1,940,000: Provided, ø other provision of law: Provided, That such CHAPTER 1 That the amount provided under this head- payments may be made in such amounts as øDEPARTMENT OF AGRICULTURE ing is designated as an emergency require- the Secretary of Defense, with the concur- ø ment pursuant to section 402 of H. Con. Res. FOREIGN AGRICULTURAL SERVICE rence of the Secretary of State, and in con- 95 (109th Congress), the concurrent resolu- øPUBLIC LAW 480 TITLE II GRANTS sultation with the Director of the Office of tion on the budget for fiscal year 2006. øFor an additional expenses for ‘‘Public Management and Budget, may determine, in ø Law 480 Title II Grants’’, during the current NATIONAL GUARD PERSONNEL, ARMY his discretion, based on documentation de- fiscal year, not otherwise recoverable, and øFor an additional amount for ‘‘National termined by the Secretary of Defense to ade- unrecovered prior years’ costs, including in- Guard Personnel, Army’’, $96,000,000: Pro- quately account for the support provided, terest thereon, under the Agricultural Trade vided, That the amount provided under this and such determination is final and conclu- Development and Assistance Act of 1954, for heading is designated as an emergency re- sive upon the accounting officers of the commodities supplied in connection with dis- quirement pursuant to section 402 of H. Con. United States, and 15 days following notifi- positions abroad under title II of said Act, Res. 95 (109th Congress), the concurrent reso- cation to the appropriate congressional com- $350,000,000, to remain available until ex- lution on the budget for fiscal year 2006. mittees: Provided further, That the Secretary pended: Provided, That the amount provided øNATIONAL GUARD PERSONNEL, AIR FORCE of Defense shall provide quarterly reports to under this heading is designated as an emer- øFor an additional amount for ‘‘National the congressional defense committees on the gency requirement pursuant to section 402 of Guard Personnel, Air Force’’, $1,200,000: Pro- use of funds provided in this paragraph; and ø H. Con. Res. 95 (109th Congress), the concur- vided, That the amount provided under this (4) not to exceed $44,500,000 for Coopera- rent resolution on the budget for fiscal year heading is designated as an emergency re- tive Threat Reduction: 2006. quirement pursuant to section 402 of H. Con. øProvided further, That the amount provided øCHAPTER 2 Res. 95 (109th Congress), the concurrent reso- under this heading is designated as an emer- ø lution on the budget for fiscal year 2006. gency requirement pursuant to section 402 of DEPARTMENT OF DEFENSE H. Con. Res. 95 (109th Congress), the concur- øOPERATION AND MAINTENANCE øDEPARTMENT OF DEFENSE—MILITARY rent resolution on the budget for fiscal year ø øMILITARY PERSONNEL OPERATION AND MAINTENANCE, ARMY 2006. øFor an additional amount for ‘‘Operation øMILITARY PERSONNEL, ARMY øOPERATION AND MAINTENANCE, ARMY and Maintenance, Army’’, $18,380,310,000: Pro- ø RESERVE For an additional amount for ‘‘Military vided, That the amount provided under this Personnel, Army’’, $6,506,223,000: Provided, øFor an additional amount for ‘‘Operation heading is designated as an emergency re- and Maintenance, Army Reserve’’, That the amount provided under this head- quirement pursuant to section 402 of H. Con. ing is designated as an emergency require- $100,100,000: Provided, That the amount pro- Res. 95 (109th Congress), the concurrent reso- vided under this heading is designated as an ment pursuant to section 402 of H. Con. Res. lution on the budget for fiscal year 2006. 95 (109th Congress), the concurrent resolu- emergency requirement pursuant to section ø tion on the budget for fiscal year 2006. OPERATION AND MAINTENANCE, NAVY 402 of H. Con. Res. 95 (109th Congress), the ø(INCLUDING TRANSFER OF FUNDS) concurrent resolution on the budget for fis- øMILITARY PERSONNEL, NAVY øFor an additional amount for ‘‘Operation cal year 2006. øFor an additional amount for ‘‘Military and Maintenance, Navy’’, $2,793,600,000: Pro- øOPERATION AND MAINTENANCE, NAVY Personnel, Navy’’, $1,061,724,000: Provided, vided, That up to $75,020,000 shall be available RESERVE That the amount provided under this head- for the Department of Homeland Security, øFor an additional amount for ‘‘Operation ing is designated as an emergency require- ‘‘United States Coast Guard, Operating Ex- and Maintenance, Navy Reserve’’, ment pursuant to section 402 of H. Con. Res. penses’’: Provided further, That the amount $236,509,000: Provided, That the amount pro- 95 (109th Congress), the concurrent resolu- provided under this heading is designated as vided under this heading is designated as an tion on the budget for fiscal year 2006. an emergency requirement pursuant to sec- emergency requirement pursuant to section øMILITARY PERSONNEL, MARINE CORPS tion 402 of H. Con. Res. 95 (109th Congress), 402 of H. Con. Res. 95 (109th Congress), the øFor an additional amount for ‘‘Military the concurrent resolution on the budget for concurrent resolution on the budget for fis- Personnel, Marine Corps’’, $834,122,000: Pro- fiscal year 2006. cal year 2006.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3445

øOPERATION AND MAINTENANCE, MARINE received and the specific use of such con- ing is designated as an emergency require- CORPS RESERVE tributions: Provided further, That the Sec- ment pursuant to section 402 of H. Con. Res. øFor an additional amount for ‘‘Operation retary of Defense shall, not fewer than five 95 (109th Congress), the concurrent resolu- and Maintenance, Marine Corps Reserve’’, days prior to making transfers from this ap- tion on the budget for fiscal year 2006. $55,675,000: Provided, That the amount pro- propriation account, notify the congres- øMISSILE PROCUREMENT, ARMY vided under this heading is designated as an sional defense committees in writing of the øFor an additional amount for ‘‘Missile emergency requirement pursuant to section details of any such transfer: Provided further, Procurement, Army’’, $203,300,000, to remain 402 of H. Con. Res. 95 (109th Congress), the That the Secretary shall submit a report no available until September 30, 2008: Provided, concurrent resolution on the budget for fis- later than 30 days after the end of each fiscal That the amount provided under this head- cal year 2006. quarter to the congressional defense com- ing is designated as an emergency require- mittees summarizing the details of the øOPERATION AND MAINTENANCE, AIR FORCE ment pursuant to section 402 of H. Con. Res. transfer of funds from this appropriation: RESERVE 95 (109th Congress), the concurrent resolu- Provided further, That the amount provided tion on the budget for fiscal year 2006. øFor an additional amount for ‘‘Operation under this heading is designated as an emer- ø and Maintenance, Air Force Reserve’’, PROCUREMENT OF WEAPONS AND TRACKED gency requirement pursuant to section 402 of COMBAT VEHICLES, ARMY $18,563,000: Provided, That the amount pro- H. Con. Res. 95 (109th Congress), the concur- øFor an additional amount for ‘‘Procure- vided under this heading is designated as an rent resolution on the budget for fiscal year ment of Weapons and Tracked Combat Vehi- emergency requirement pursuant to section 2006. 402 of H. Con. Res. 95 (109th Congress), the cles, Army’’, $1,983,351,000, to remain avail- øIRAQ SECURITY FORCES FUND concurrent resolution on the budget for fis- able until September 30, 2008: Provided, That cal year 2006. ø(INCLUDING TRANSFER OF FUNDS) the amount provided under this heading is ø designated as an emergency requirement øOPERATION AND MAINTENANCE, ARMY For the ‘‘Iraq Security Forces Fund’’, pursuant to section 402 of H. Con. Res. 95 NATIONAL GUARD $3,007,000,000, to remain available until Sep- tember 30, 2007: Provided, That such funds (109th Congress), the concurrent resolution øFor an additional amount for ‘‘Operation shall be available to the Secretary of De- on the budget for fiscal year 2006. and Maintenance, Army National Guard’’, fense, notwithstanding any other provision øPROCUREMENT OF AMMUNITION, ARMY $178,600,000: Provided, That the amount pro- of law, for the purpose of allowing the Com- øFor an additional amount for ‘‘Procure- vided under this heading is designated as an mander, Multi-National Security Transition ment of Ammunition, Army’’, $829,679,000, to emergency requirement pursuant to section Command—Iraq, or the Secretary’s designee, remain available until September 30, 2008: 402 of H. Con. Res. 95 (109th Congress), the to provide assistance, with the concurrence Provided, That the amount provided under concurrent resolution on the budget for fis- of the Secretary of State, to the security this heading is designated as an emergency cal year 2006. forces of Iraq, including the provision of requirement pursuant to section 402 of H. øOPERATION AND MAINTENANCE, AIR NATIONAL equipment, supplies, services, training, facil- Con. Res. 95 (109th Congress), the concurrent GUARD ity and infrastructure repair, renovation, resolution on the budget for fiscal year 2006. øFor an additional amount for ‘‘Operation and construction, and funding: Provided fur- øOTHER PROCUREMENT, ARMY and Maintenance, Air National Guard’’, ther, That the authority to provide assist- øFor an additional amount for ‘‘Other Pro- $30,400,000: Provided, That the amount pro- ance under this heading is in addition to any curement, Army’’, $7,528,657,000, to remain vided under this heading is designated as an other authority to provide assistance to for- available until September 30, 2008: Provided, emergency requirement pursuant to section eign nations: Provided further, That the Sec- That the amount provided under this head- 402 of H. Con. Res. 95 (109th Congress), the retary of Defense may transfer such funds to ing is designated as an emergency require- concurrent resolution on the budget for fis- appropriations for military personnel; oper- ment pursuant to section 402 of H. Con. Res. cal year 2006. ation and maintenance; Overseas Humani- 95 (109th Congress), the concurrent resolu- øAFGHANISTAN SECURITY FORCES FUND tarian, Disaster, and Civic Aid; procurement; tion on the budget for fiscal year 2006. research, development, test and evaluation; ø(INCLUDING TRANSFER OF FUNDS) øAIRCRAFT PROCUREMENT, NAVY and defense working capital funds to accom- ø øFor an additional amount for ‘‘Aircraft For the ‘‘Afghanistan Security Forces plish the purposes provided herein: Provided Procurement, Navy’’, $293,980,000, to remain Fund’’, $1,851,833,000, to remain available further, That this transfer authority is in ad- available until September 30, 2008: Provided, until September 30, 2007: Provided, That such dition to any other transfer authority avail- That the amount provided under this head- funds shall be available to the Secretary of able to the Department of Defense: Provided Defense, notwithstanding any other provi- ing is designated as an emergency require- further, That upon a determination that all ment pursuant to section 402 of H. Con. Res. sion of law, for the purpose of allowing the or part of the funds so transferred from this Commander, Office of Security Coopera- 95 (109th Congress), the concurrent resolu- appropriation are not necessary for the pur- tion on the budget for fiscal year 2006. tion—Afghanistan, or the Secretary’s des- poses provided herein, such amounts may be ø ignee, to provide assistance, with the concur- transferred back to this appropriation: Pro- WEAPONS PROCUREMENT, NAVY rence of the Secretary of State, to the secu- vided further, That contributions of funds for øFor an additional amount for ‘‘Weapons rity forces of Afghanistan, including the pro- the purposes provided herein from any per- Procurement, Navy’’, $90,800,000, to remain vision of equipment, supplies, services, train- son, foreign government, or international or- available until September 30, 2008: Provided, ing, facility and infrastructure repair, ren- ganization may be credited to this Fund, and That the amount provided under this head- ovation, and construction, and funding: Pro- used for such purposes: Provided further, That ing is designated as an emergency require- vided further, That the authority to provide the Secretary shall notify the congressional ment pursuant to section 402 of H. Con. Res. assistance under this heading is in addition defense committees in writing upon the re- 95 (109th Congress), the concurrent resolu- to any other authority to provide assistance ceipt and upon the transfer of any contribu- tion on the budget for fiscal year 2006. to foreign nations: Provided further, That the tion delineating the sources and amounts of øPROCUREMENT OF AMMUNITION, NAVY AND Secretary of Defense may transfer such the funds received and the specific use of MARINE CORPS funds to appropriations for military per- such contributions: Provided further, That øFor an additional amount for ‘‘Procure- sonnel; operation and maintenance; Overseas the Secretary of Defense shall, not fewer ment of Ammunition, Navy and Marine Humanitarian, Disaster, and Civic Aid; pro- than five days prior to making transfers Corps’’, $330,996,000, to remain available until curement; research, development, test and from this appropriation account, notify the September 30, 2008: Provided, That the evaluation; and defense working capital congressional defense committees in writing amount provided under this heading is des- funds to accomplish the purposes provided of the details of any such transfer: Provided ignated as an emergency requirement pursu- herein: Provided further, That this transfer further, That the Secretary shall submit a re- ant to section 402 of H. Con. Res. 95 (109th authority is in addition to any other transfer port no later than 30 days after the end of Congress), the concurrent resolution on the authority available to the Department of De- each fiscal quarter to the congressional de- budget for fiscal year 2006. fense: Provided further, That upon a deter- fense committees summarizing the details of øOTHER PROCUREMENT, NAVY mination that all or part of the funds so the transfer of funds from this appropriation: transferred from this appropriation are not øFor an additional amount for ‘‘Other Pro- Provided further, That the amount provided curement, Navy’’, $111,719,000, to remain necessary for the purposes provided herein, under this heading is designated as an emer- such amounts may be transferred back to available until September 30, 2008: Provided, gency requirement pursuant to section 402 of That the amount provided under this head- this appropriation: Provided further, That H. Con. Res. 95 (109th Congress), the concur- contributions of funds for the purposes pro- ing is designated as an emergency require- rent resolution on the budget for fiscal year ment pursuant to section 402 of H. Con. Res. vided herein from any person, foreign gov- 2006. ernment, or international organization may 95 (109th Congress), the concurrent resolu- ø be credited to this Fund, and used for such PROCUREMENT tion on the budget for fiscal year 2006. purposes: Provided further, That the Sec- øAIRCRAFT PROCUREMENT, ARMY øPROCUREMENT, MARINE CORPS retary shall notify the congressional defense øFor an additional amount for ‘‘Aircraft øFor an additional amount for ‘‘Procure- committees in writing upon the receipt and Procurement, Army’’, $533,200,000, to remain ment, Marine Corps’’, $3,260,582,000, to re- upon the transfer of any contribution delin- available until September 30, 2008: Provided, main available until September 30, 2008: Pro- eating the sources and amounts of the funds That the amount provided under this head- vided, That the amount provided under this

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3446 CONGRESSIONAL RECORD — SENATE April 25, 2006 heading is designated as an emergency re- ant to section 402 of H. Con. Res. 95 (109th of Defense in this chapter: Provided, That the quirement pursuant to section 402 of H. Con. Congress), the concurrent resolution on the Secretary shall notify the Congress promptly Res. 95 (109th Congress), the concurrent reso- budget for fiscal year 2006. of each transfer made pursuant to this au- lution on the budget for fiscal year 2006. øREVOLVING AND MANAGEMENT FUNDS thority: Provided further, That the transfer ø AIRCRAFT PROCUREMENT, AIR FORCE øDEFENSE WORKING CAPITAL FUNDS authority provided in this section is in addi- tion to any other transfer authority avail- øFor an additional amount for ‘‘Aircraft øFor an additional amount for ‘‘Defense able to the Department of Defense: Provided Procurement, Air Force’’, $663,595,000, to re- Working Capital Funds’’, $502,700,000: Pro- further, That the authority in this section is main available until September 30, 2008: Pro- vided, That the amount provided under this subject to the same terms and conditions as vided, That the amount provided under this heading is designated as an emergency re- heading is designated as an emergency re- quirement pursuant to section 402 of H. Con. the authority provided in section 8005 of the quirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent reso- Department of Defense Appropriations Act, Res. 95 (109th Congress), the concurrent reso- lution on the budget for fiscal year 2006. 2006, except for the fourth proviso. lution on the budget for fiscal year 2006. øOTHER DEPARTMENT OF DEFENSE øSEC. 1202. (a) AUTHORITY TO PROVIDE SUP- øPROCUREMENT OF AMMUNITION, AIR FORCE PROGRAMS PORT.—Of the amount appropriated by this ø For an additional amount for ‘‘Procure- øDEFENSE HEALTH PROGRAM Act under the heading ‘‘Drug Interdiction ment of Ammunition, Air Force’’, $29,047,000, and Counter-Drug Activities, Defense’’, not øFor an additional amount for ‘‘Defense to remain available until September 30, 2008: to exceed $40,000,000 may be made available Health Program’’, $1,153,562,000 (reduced by Provided, That the amount provided under for support for counter-drug activities of the $20,000,000) (increased by $20,000,000) for oper- this heading is designated as an emergency Governments of Afghanistan and Pakistan: ation and maintenance: Provided, That the requirement pursuant to section 402 of H. amount provided under this heading is des- Provided, That such support shall be in addi- Con. Res. 95 (109th Congress), the concurrent ignated as an emergency requirement pursu- tion to support provided for the counter-drug resolution on the budget for fiscal year 2006. ant to section 402 of H. Con. Res. 95 (109th activities of such Governments under any øOTHER PROCUREMENT, AIR FORCE Congress), the concurrent resolution on the other provision of the law. øFor an additional amount for ‘‘Other Pro- budget for fiscal year 2006. ø(b) TYPES OF SUPPORT.—(1) Except as curement, Air Force’’, $1,489,192,000, to re- øDRUG INTERDICTION AND COUNTER-DRUG specified in subsections (b)(2) and (b)(3) of main available until September 30, 2008: Pro- ACTIVITIES, DEFENSE this section, the support that may be pro- vided, That the amount provided under this vided under the authority in this section ø(INCLUDING TRANSFER OF FUNDS) heading is designated as an emergency re- shall be limited to the types of support speci- ø quirement pursuant to section 402 of H. Con. For an additional amount for ‘‘Drug fied in section 1033(c)(1) of the National De- Interdiction and Counter-Drug Activities, Res. 95 (109th Congress), the concurrent reso- fense Authorization Act for Fiscal Year 1998 Defense’’, $156,800,000, to remain available lution on the budget for fiscal year 2006. (Public Law 105–85, as amended by Public until expended: Provided, That these funds øPROCUREMENT, DEFENSE-WIDE Law 106–398 and Public Law 108–136), and con- may be used only for such activities related ditions on the provision of support as con- øFor an additional amount for ‘‘Procure- to Afghanistan and the Central Asia area: tained in such section 1033 shall apply for fis- ment, Defense-Wide’’, $331,353,000, to remain Provided further, That the Secretary of De- available until September 30, 2008: Provided, fense may transfer such funds only to appro- cal year 2006. That the amount provided under this head- priations for military personnel; operation ø(2) The Secretary of Defense may transfer ing is designated as an emergency require- and maintenance; procurement; and re- vehicles, aircraft, and detection, intercep- ment pursuant to section 402 of H. Con. Res. search, development, test and evaluation: tion, monitoring and testing equipment to 95 (109th Congress), the concurrent resolu- Provided further, That the funds transferred such Governments for counter-drug activi- tion on the budget for fiscal year 2006. shall be merged with and be available for the ties. øRESEARCH, DEVELOPMENT, TEST AND same purposes and for the same time period ø(3) For the Government of Afghanistan, EVALUATION as the appropriation to which transferred: the Secretary of Defense may also provide Provided further, That the transfer authority øRESEARCH, DEVELOPMENT, TEST AND individual and crew-served weapons, and am- provided in this paragraph is in addition to EVALUATION, ARMY munition for counter-drug security forces. any other transfer authority available to the øFor an additional amount for ‘‘Research, Department of Defense: Provided further, øSEC. 1203. Notwithstanding 10 U.S.C. Development, Test and Evaluation, Army’’, That upon a determination that all or part 2208(l), the total amount of advance billings $424,177,000, to remain available until Sep- of the funds transferred from this appropria- rendered or imposed for all working capital tember 30, 2007: Provided, That the amount tion are not necessary for the purposes pro- funds of the Department of Defense in fiscal provided under this heading is designated as vided herein, such amounts may be trans- year 2006 shall not exceed $1,500,000,000: Pro- an emergency requirement pursuant to sec- ferred back to this appropriation: Provided tion 402 of H. Con. Res. 95 (109th Congress), vided, That the amounts made available pur- further, That the amount provided under this the concurrent resolution on the budget for suant to this section are designated as an heading is designated as an emergency re- fiscal year 2006. emergency requirement pursuant to section quirement pursuant to section 402 of H. Con. 402 of H. Con. Res. 95 (109th Congress), the ø RESEARCH, DEVELOPMENT, TEST AND Res. 95 (109th Congress), the concurrent reso- concurrent resolution on the budget for fis- EVALUATION, NAVY lution on the budget for fiscal year 2006. cal year 2006. øFor an additional amount for ‘‘Research, øOFFICE OF THE INSPECTOR GENERAL ø Development, Test and Evaluation, Navy’’, SEC. 1204. In addition to amounts author- øFor an additional amount for ‘‘Office of $126,845,000, to remain available until Sep- ized in section 1202(a) of Public Law 109–163, the Inspector General’’, $6,120,000, to remain tember 30, 2007: Provided, That the amount from funds made available in this chapter to available until September 30, 2007: Provided, provided under this heading is designated as the Department of Defense, not to exceed That the amount provided under this head- an emergency requirement pursuant to sec- $423,000,000 may be used to fund the Com- ing is designated as an emergency require- tion 402 of H. Con. Res. 95 (109th Congress), mander’s Emergency Response Program and ment pursuant to section 402 of H. Con. Res. the concurrent resolution on the budget for for a similar program to assist the people of 95 (109th Congress), the concurrent resolu- fiscal year 2006. Afghanistan, to remain available until De- tion on the budget for fiscal year 2006. cember 31, 2007. øRESEARCH, DEVELOPMENT, TEST AND øRELATED AGENCIES EVALUATION, AIR FORCE øSEC. 1205. Supervision and administration øINTELLIGENCE COMMUNITY MANAGEMENT øFor an additional amount for ‘‘Research, costs associated with a construction project ACCOUNT Development, Test and Evaluation, Air funded with ‘‘Afghanistan Security Forces Force’’, $305,110,000, to remain available until øFor an additional amount for the ‘‘Intel- Fund’’ or ‘‘Iraq Security Forces Fund’’ ap- September 30, 2007: Provided, That the ligence Community Management Account’’, propriations may be obligated at the time a amount provided under this heading is des- $158,875,000: Provided, That the amount pro- construction contract is awarded: Provided, ignated as an emergency requirement pursu- vided under this heading is designated as an That for the purpose of this section, super- ant to section 402 of H. Con. Res. 95 (109th emergency requirement pursuant to section vision and administration costs include all Congress), the concurrent resolution on the 402 of H. Con. Res. 95 (109th Congress), the in-house Government costs. concurrent resolution on the budget for fis- budget for fiscal year 2006. øSEC. 1206. None of the funds provided in cal year 2006. øRESEARCH, DEVELOPMENT, TEST AND this chapter may be used to finance pro- ø EVALUATION, DEFENSE-WIDE GENERAL PROVISIONS—THIS CHAPTER grams or activities denied by Congress in fis- øFor an additional amount for ‘‘Research, ø(TRANSFER OF FUNDS) cal year 2005 and 2006 appropriations to the Development, Test and Evaluation, Defense- øSEC. 1201. Upon his determination that Department of Defense or to initiate a pro- Wide’’, $145,921,000, to remain available until such action is necessary in the national in- curement or research, development, test and September 30, 2007: Provided, That the terest, the Secretary of Defense may transfer evaluation new start program without prior amount provided under this heading is des- between appropriations up to $2,000,000,000 of written notification to the congressional de- ignated as an emergency requirement pursu- the funds made available to the Department fense committees.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3447 øCHAPTER 3 heading is designated as an emergency re- available until September 30, 2007: Provided, øBILATERAL ECONOMIC ASSISTANCE quirement pursuant to section 402 of H. Con. That notwithstanding any other provision of Res. 95 (109th Congress), the concurrent reso- law, such funds may be obligated and ex- øFUNDS APPROPRIATED TO THE PRESIDENT lution on the budget for fiscal year 2006. pended to carry out planning and design and ø UNITED STATES AGENCY FOR INTERNATIONAL øDEPARTMENT OF THE TREASURY military construction projects not otherwise DEVELOPMENT øINTERNATIONAL AFFAIRS TECHNICAL authorized by law: Provided further, That the øCHILD SURVIVAL AND HEALTH PROGRAMS FUND ASSISTANCE amount provided under this heading is des- øFor an additional amount for ‘‘Child Sur- øFor an additional amount for ‘‘Inter- ignated as an emergency requirement pursu- vival and Health Programs Fund’’, $5,300,000, national Affairs Technical Assistance’’, ant to section 402 of H. Con. Res. 95 (109th to remain available until September 30, 2007: $13,000,000, to remain available until Sep- Congress), the concurrent resolution on the Provided, That the amount provided under tember 30, 2007: Provided, That the amount budget for fiscal year 2006: Provided further, this heading is designated as an emergency provided under this heading is designated as That none of the funds provided under this requirement pursuant to section 402 of H. an emergency requirement pursuant to sec- heading may be obligated or expended until Con. Res. 95 (109th Congress), the concurrent tion 402 of H. Con. Res. 95 (109th Congress), after that date on which the Secretary of De- resolution on the budget for fiscal year 2006. the concurrent resolution on the budget for fense submits an updated master plan for overseas military infrastructure to the Com- øDEVELOPMENT ASSISTANCE fiscal year 2006. øMILITARY ASSISTANCE mittees on Appropriations of the House of øFor an additional amount for ‘‘Develop- Representatives and Senate: Provided further, øFUNDS APPROPRIATED TO THE PRESIDENT ment Assistance’’, $10,500,000, to remain That, subject to the preceding proviso, ø available until September 30, 2007: Provided, PEACEKEEPING OPERATIONS $60,000,000 of the funds provided under this That the amount provided under this head- øFor an additional amount for ‘‘Peace- heading may not be obligated or expended ing is designated as an emergency require- keeping Operations’’, $123,000,000 (increased until after that date on which the Secretary ment pursuant to section 402 of H. Con. Res. by $50,000,000), to remain available until Sep- of Defense submits a detailed plan for 95 (109th Congress), the concurrent resolu- tember 30, 2007: Provided, That the amount Counter IED/Urban Bypass Roads, Iraq, to tion on the budget for fiscal year 2006. provided under this heading is designated as the Committees on Appropriations of the øINTERNATIONAL DISASTER FAMINE ASSISTANCE an emergency requirement pursuant to sec- House of Representatives and Senate. tion 402 of H. Con. Res. 95 (109th Congress), øFor an additional amount for ‘‘Inter- øMILITARY CONSTRUCTION, AIR FORCE the concurrent resolution on the budget for national Disaster and Famine Assistance’’, ø fiscal year 2006. For an additional amount for ‘‘Military $136,290,000, to remain until expended: Pro- Construction, Air Force’’, $35,600,000, to re- øGENERAL PROVISIONS—THIS CHAPTER vided, That the amount provided under this main available until September 30, 2007: Pro- ø heading is designated as an emergency re- (INCLUDING TRANSFER AND RESCISSION OF vided, That notwithstanding any other provi- quirement pursuant to section 402 of H. Con. FUNDS) sion of law, such funds may be obligated and Res. 95 (109th Congress), the concurrent reso- øSEC. 1301. Funds appropriated or made expended to carry out planning and design lution on the budget for fiscal year 2006. available by transfer in this chapter may be and military construction projects not oth- obligated and expended notwithstanding sec- øOPERATING EXPENSES OF THE UNITED STATES erwise authorized by law: Provided further, tion 313 of the Foreign Relations Authoriza- AGENCY FOR INTERNATIONAL DEVELOPMENT That the amount provided under this head- tion Act, Fiscal Years 1994 and 1995 (Public øFor an additional amount for ‘‘Operating ing is designated as an emergency require- Law 103–236). ment pursuant to section 402 of H. Con. Res. Expenses of the United States Agency for ø SEC. 1302. Of the funds made available 95 (109th Congress), the concurrent resolu- International Development’’, $61,600,000, to under the heading ‘‘Iraq Relief and Recon- remain available until September 30, 2007: tion on the budget for fiscal year 2006: Pro- struction Fund’’ in chapter 2 of title II of vided further, That none of the funds provided Provided, That the amount provided under Public Law 108–106, $185,500,000 is hereby under this heading may be obligated or ex- this heading is designated as an emergency transferred to and merged with the appro- pended until after that date on which the requirement pursuant to section 402 of H. priation for ‘‘Economic Support Fund’’ con- Secretary of Defense submits an updated Con. Res. 95 (109th Congress), the concurrent tained in this Act: Provided, That the master plan for overseas military infrastruc- resolution on the budget for fiscal year 2006. amount transferred by this section is des- ture to the Committees on Appropriations of ø ignated as an emergency requirement pursu- OTHER BILATERAL ECONOMIC ASSISTANCE the House of Representatives and Senate. ant to section 402 of H. Con. Res. 95 (109th øECONOMIC SUPPORT FUND Congress), the concurrent resolution on the øGENERAL PROVISION—THIS CHAPTER ø For an additional amount for ‘‘Economic budget for fiscal year 2006. øSEC. 1501. The matter under the heading Support Fund’’, $1,584,500,000 (reduced by ø(RESCISSION OF FUNDS) ‘‘Veterans Health Administration—Medical $10,000,000) (increased by $10,000,000), to re- ø Services’’ in chapter 7 of title I of division B main available until September 30, 2007: Pro- SEC. 1303. Of the funds made available for Coalition Solidarity Initiative under the of Public Law 109–148 is amended by insert- vided, That the amount provided under this ing after ‘‘calendar year 2005’’ the following: heading is designated as an emergency re- heading ‘‘Peacekeeping Operations’’ in chap- ter 2 of title II of division A of Public Law ‘‘and for unanticipated costs related to the quirement pursuant to section 402 of H. Con. Global War on Terror’’: Provided, That the Res. 95 (109th Congress), the concurrent reso- 109–13, $17,000,000 is rescinded. øSEC. 1304. Notwithstanding any other pro- provisions of this section are designated as lution on the budget for fiscal year 2006. vision of law, amounts under the heading an emergency requirement pursuant to sec- øDEPARTMENT OF STATE ‘‘Iraq Relief and Reconstruction Fund’’ in tion 402 of H. Con. Res. 95 (109th Congress), øDEMOCRACY FUND title II of Public Law 108–106 shall remain the concurrent resolution on the budget for fiscal year 2006. øFor an additional amount for ‘‘Democracy available for one additional year from the ø Fund’’, $10,000,000 for the advancement of de- date on which the availability of funds would CHAPTER 6 mocracy in Iran, to remain available until otherwise have expired, if such funds are ini- øDEPARTMENT OF JUSTICE tially obligated before the expiration of the September 30, 2007: Provided, That the øLEGAL ACTIVITIES period of availability provided herein: Pro- amount provided under this heading is des- ø vided, That, notwithstanding section 2207(d) SALARIES AND EXPENSES, UNITED STATES ignated as an emergency requirement pursu- ATTORNEYS ant to section 402 of H. Con. Res. 95 (109th of Public Law 108–106, requirements of sec- tion 2207 of Public Law 108–106 shall expire øFor an additional amount for ‘‘Salaries Congress), the concurrent resolution on the and Expenses, United States Attorneys’’, budget for fiscal year 2006. on October 1, 2008. øCHAPTER 4 $3,000,000: Provided, That the amount pro- øINTERNATIONAL NARCOTICS CONTROL AND LAW vided under this heading is designated as an øDEPARTMENT OF HOMELAND SECURITY ENFORCEMENT emergency requirement pursuant to section øUNITED STATES COAST GUARD øFor an additional amount for ‘‘Inter- 402 of H. Con. Res. 95 (109th Congress), the ø national Narcotics Control and Law Enforce- OPERATING EXPENSES concurrent resolution on the budget for fis- ment’’, $107,700,000 (reduced by $26,300,000) øFor an additional amount for ‘‘Operating cal year 2006. (increased by $26,300,000), to remain available Expenses’’, $26,692,000: Provided, That the øFEDERAL BUREAU OF INVESTIGATION amount provided under this heading is des- until September 30, 2007: Provided, That the øSALARIES AND EXPENSES amount provided under this heading is des- ignated as an emergency requirement pursu- øFor an additional amount for ‘‘Salaries ignated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th and Expenses’’, $99,000,000, to remain avail- ant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the able until September 30, 2007: Provided, That Congress), the concurrent resolution on the budget for fiscal year 2006. no funding provided in this Act shall be budget for fiscal year 2006. øCHAPTER 5 ø available for obligation for a new or en- øMIGRATION AND REFUGEE ASSISTANCE DEPARTMENT OF DEFENSE hanced information technology program un- øFor an additional amount for ‘‘Migration øMILITARY CONSTRUCTION less the Deputy Attorney General and the in- and Refugee Assistance’’, $51,200,000, to re- øMILITARY CONSTRUCTION, ARMY vestment review board certify to the Com- main available until September 30, 2007: Pro- øFor an additional amount for ‘‘Military mittees on Appropriations that the informa- vided, That the amount provided under this Construction, Army’’, $287,100,000, to remain tion technology program has appropriate

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3448 CONGRESSIONAL RECORD — SENATE April 25, 2006 program management and contractor over- gress), the concurrent resolution on the lands in disaster areas affected by Hurricane sight mechanisms in place, and that the pro- budget for fiscal year 2006. Katrina and other hurricanes of the 2005 sea- gram is compatible with the enterprise ar- øRELATED AGENCY son: Provided, That the amount provided chitecture of the Department of Justice and under this heading is designated as an emer- øBROADCASTING BOARD OF GOVERNORS Federal Bureau of Investigation: Provided gency requirement pursuant to section 402 of further, That the amount provided under this øINTERNATIONAL BROADCASTING OPERATIONS H. Con. Res. 95 (109th Congress), the concur- heading is designated as an emergency re- øFor an additional amount for ‘‘Inter- rent resolution on the budget for fiscal year quirement pursuant to section 402 of H. Con. national Broadcasting Operations’’, 2006. Res. 95 (109th Congress), the concurrent reso- $7,600,000, to remain available until ex- øCHAPTER 2 lution on the budget for fiscal year 2006. pended: Provided, That the amount provided øDEPARTMENT OF DEFENSE ø under this heading is designated as an emer- DRUG ENFORCEMENT ADMINISTRATION ø gency requirement pursuant section 402 of H. DEPARTMENT OF DEFENSE—MILITARY øSALARIES AND EXPENSES Con. Res. 95 (109th Congress), the concurrent øMILITARY PERSONNEL øFor an additional amount for ‘‘Salaries resolution on the budget for fiscal year 2006. øMILITARY PERSONNEL, ARMY and Expenses’’, $5,000,000 (increased by ø $9,200,000), to remain available until Sep- BROADCASTING CAPITAL IMPROVEMENTS øFor an additional amount for ‘‘Military tember 30, 2007: Provided, That the amount øFor an additional amount for ‘‘Broad- Personnel, Army’’, $2,125,000, for necessary provided under this heading is designated as casting Capital Improvements’’, $28,500,000, expenses related to the consequences of Hur- an emergency requirement pursuant to sec- to remain available until expended: Provided, ricane Katrina and other hurricanes of the tion 402 of H. Con. Res. 95 (109th Congress), That the amount provided under this head- 2005 season: Provided, That the amount pro- the concurrent resolution on the budget for ing is designated as an emergency require- vided under this heading is designated as an fiscal year 2006. ment pursuant section 402 of H. Con. Res. 95 emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the øBUREAU OF ALCOHOL, TOBACCO, FIREARMS (109th Congress), the concurrent resolution concurrent resolution on the budget for fis- AND EXPLOSIVES on the budget for fiscal year 2006. ø cal year 2006. øSALARIES AND EXPENSES GENERAL PROVISION—THIS CHAPTER øMILITARY PERSONNEL, NAVY øFor an additional amount for ‘‘Salaries øSEC. 1601. Funds appropriated by this Act ø and Expenses’’, $4,100,000, to remain avail- for the Broadcasting Board of Governors and For an additional amount for ‘‘Military able until September 30, 2007: Provided, That the Department of State may be obligated Personnel, Navy’’, $22,002,000, for necessary the amount provided under this heading is and expended notwithstanding section 15 of expenses related to the consequences of Hur- designated as an emergency requirement the State Department Basic Authorities Act ricane Katrina and other hurricanes of the pursuant to section 402 of H. Con. Res. 95 of 1956, section 313 of the Foreign Relations 2005 season: Provided, That the amount pro- (109th Congress), the concurrent resolution Authorization Act, Fiscal Years 1994 and 1995 vided under this heading is designated as an on the budget for fiscal year 2006. (Public Law 103–236), and section 504(a)(1) of emergency requirement pursuant to section the National Security Act of 1947. 402 of H. Con. Res. 95 (109th Congress), the øDEPARTMENT OF STATE AND RELATED øCHAPTER 7 concurrent resolution on the budget for fis- AGENCY cal year 2006. øDEPARTMENT OF STATE øDEPARTMENT OF THE TREASURY øMILITARY PERSONNEL, MARINE CORPS ø DMINISTRATION OF FOREIGN AFFAIRS øDEPARTMENTAL OFFICES A øFor an additional amount for ‘‘Military ø øDIPLOMATIC AND CONSULAR PROGRAMS SALARIES AND EXPENSES Personnel, Marine Corps’’, $3,992,000, for nec- ø(INCLUDING TRANSFER OF FUNDS) øFor an additional amount for ‘‘Salaries essary expenses related to the consequences øFor an additional amount for ‘‘Diplomatic and Expenses’’, $1,800,000, to remain avail- of Hurricane Katrina and other hurricanes of and Consular Programs’’, $1,380,500,000, to re- able until September 30, 2007: Provided, That the 2005 season: Provided, That the amount main available until September 30, 2007: Pro- the amount provided under this heading is provided under this heading is designated as vided, That of the amount made available designated as an emergency requirement an emergency requirement pursuant to sec- under this heading, $1,326,000 shall be avail- pursuant to section 402 of H. Con. Res. 95 tion 402 of H. Con. Res. 95 (109th Congress), able for transfer to the United States Insti- (109th Congress), the concurrent resolution the concurrent resolution on the budget for tute of Peace: Provided further, That the on the budget for fiscal year 2006. fiscal year 2006. amount provided under this heading is des- øTITLE II—FURTHER HURRICANE øMILITARY PERSONNEL, AIR FORCE ignated as an emergency requirement pursu- DISASTER RELIEF AND RECOVERY øFor an additional amount for ‘‘Military ant section 402 of H. Con. Res. 95 (109th Con- øCHAPTER 1 Personnel, Air Force’’, $21,610,000, for nec- gress), the concurrent resolution on the øDEPARTMENT OF AGRICULTURE essary expenses related to the consequences budget for fiscal year 2006. of Hurricane Katrina and other hurricanes of øEXECUTIVE OPERATIONS øOFFICE OF INSPECTOR GENERAL the 2005 season: Provided, That the amount øWORKING CAPITAL FUND ø(INCLUDING TRANSFER OF FUNDS) provided under this heading is designated as ø øFor an additional amount for ‘‘Office of For an additional amount for ‘‘Working an emergency requirement pursuant to sec- Inspector General’’, $25,300,000, to remain Capital Fund’’ for necessary expenses related tion 402 of H. Con. Res. 95 (109th Congress), available until September 2007, of which to the consequences of Hurricane Katrina the concurrent resolution on the budget for $24,000,000 shall be transferred to the Special and other hurricanes of the 2005 season, fiscal year 2006. $25,000,000, to remain available until Sep- Inspector General for Iraq Reconstruction øRESERVE PERSONNEL, ARMY tember 30, 2007: Provided, That the amount for reconstruction oversight: Provided, That øFor an additional amount for ‘‘Reserve provided under this heading is designated as the amount provided under this heading is Personnel, Army’’, $4,071,000, for necessary an emergency requirement pursuant to sec- designated as an emergency requirement expenses related to the consequences of Hur- tion 402 of H. Con. Res. 95 (109th Congress), pursuant section 402 of H. Con. Res. 95 (109th ricane Katrina and other hurricanes of the the concurrent resolution on the budget for Congress), the concurrent resolution on the 2005 season: Provided, That the amount pro- fiscal year 2006. budget for fiscal year 2006. vided under this heading is designated as an øAGRICULTURAL RESEARCH SERVICE øEDUCATIONAL AND CULTURAL EXCHANGE emergency requirement pursuant to section PROGRAMS øBUILDINGS AND FACILITIES 402 of H. Con. Res. 95 (109th Congress), the øFor an additional amount for ‘‘Edu- øFor an additional amount for ‘‘Agricul- concurrent resolution on the budget for fis- cational and Cultural Exchange Programs’’, tural Research Service, Buildings and Facili- cal year 2006. $5,000,000, to remain available until ex- ties’’ for necessary expenses related to the øRESERVE PERSONNEL, NAVY pended: Provided, That the amount provided consequences of Hurricane Katrina and other øFor an additional amount for ‘‘Reserve under this heading is designated as an emer- hurricanes of the 2005 season, $20,000,000, to Personnel, Navy’’, $10,200,000 for necessary gency requirement pursuant section 402 of H. remain available until expended: Provided, expenses related to the consequences of Hur- Con. Res. 95 (109th Congress), the concurrent That the amount provided under this head- ricane Katrina and other hurricanes of the resolution on the budget for fiscal year 2006. ing is designated as an emergency require- 2005 season: Provided, That the amount pro- øINTERNATIONAL ORGANIZATIONS ment pursuant to section 402 of H. Con. Res. vided under this heading is designated as an 95 (109th Congress), the concurrent resolu- øCONTRIBUTIONS TO INTERNATIONAL emergency requirement pursuant to section tion on the budget for fiscal year 2006. PEACEKEEPING ACTIVITIES 402 of H. Con. Res. 95 (109th Congress), the øNATURAL RESOURCES CONSERVATION SERVICE concurrent resolution on the budget for fis- øFor an additional amount for ‘‘Contribu- cal year 2006. tions for International Peacekeeping Activi- øEMERGENCY WATERSHED PROTECTION ties’’, $129,800,000, to remain available until PROGRAM øRESERVE PERSONNEL, MARINE CORPS September 30, 2007: Provided, That the øFor an additional amount for ‘‘Emergency øFor an additional amount for ‘‘Reserve amount provided under this heading is des- Watershed Protection Program’’ $10,000,000, Personnel, Marine Corps’’, $2,176,000, for nec- ignated as an emergency requirement pursu- to remain available until September 30, 2008, essary expenses related to the consequences ant section 402 of H. Con. Res. 95 (109th Con- for the purchase of easements on floodplain of Hurricane Katrina and other hurricanes of

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3449 the 2005 season: Provided, That the amount Katrina and other hurricanes of the 2005 sea- naval vessels for which funds have been pre- provided under this heading is designated as son: Provided, That the amount provided viously appropriated: Provided, That this an emergency requirement pursuant to sec- under this heading is designated as an emer- transfer authority is in addition to any other tion 402 of H. Con. Res. 95 (109th Congress), gency requirement pursuant to section 402 of transfer authority available to the Depart- the concurrent resolution on the budget for H. Con. Res. 95 (109th Congress), the concur- ment of Defense: Provided further, That the fiscal year 2006. rent resolution on the budget for fiscal year Secretary of Defense shall, not fewer than 15 øRESERVE PERSONNEL, AIR FORCE 2006. days prior to making transfers within this appropriation, notify the congressional de- øFor an additional amount for ‘‘Reserve øOPERATION AND MAINTENANCE, ARMY fense committees in writing of the details of Personnel, Air Force’’, $94,000, for necessary NATIONAL GUARD any such transfer: Provided further, That the expenses related to the consequences of Hur- ø For an additional amount for ‘‘Operation amount provided under this heading is des- ricane Katrina and other hurricanes of the and Maintenance, Army National Guard’’, ignated as an emergency requirement pursu- 2005 season: Provided, That the amount pro- $42,307,000, to remain available until Sep- ant to section 402 of H. Con. Res. 95 (109th vided under this heading is designated as an tember 30, 2007, for necessary expenses re- Congress), the concurrent resolution on the emergency requirement pursuant to section lated to the consequences of Hurricane budget for fiscal year 2006. 402 of H. Con. Res. 95 (109th Congress), the Katrina and other hurricanes of the 2005 sea- øOTHER PROCUREMENT, NAVY concurrent resolution on the budget for fis- son: Provided, That the amount provided ø cal year 2006. under this heading is designated as an emer- For an additional amount for ‘‘Other Pro- curement, Navy’’, $85,040,000, to remain øNATIONAL GUARD PERSONNEL, ARMY gency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concur- available until September 30, 2008, for nec- øFor an additional amount for ‘‘National essary expenses related to the consequences Guard Personnel, Army’’, $1,304,000, for nec- rent resolution on the budget for fiscal year 2006. of Hurricane Katrina and other hurricanes of essary expenses related to the consequences the 2005 season: Provided, That the amount ø of Hurricane Katrina and other hurricanes of PROCUREMENT provided under this heading is designated as the 2005 season: Provided, That the amount øPROCUREMENT OF AMMUNITION, ARMY an emergency requirement pursuant to sec- provided under this heading is designated as øFor an additional amount for ‘‘Procure- tion 402 of H. Con. Res. 95 (109th Congress), an emergency requirement pursuant to sec- ment of Ammunition, Army’’, $700,000, to re- the concurrent resolution on the budget for tion 402 of H. Con. Res. 95 (109th Congress), main available until September 30, 2008, for fiscal year 2006. the concurrent resolution on the budget for necessary expenses related to the con- øAIRCRAFT PROCUREMENT, AIR FORCE fiscal year 2006. sequences of Hurricane Katrina and other øFor an additional amount for ‘‘Aircraft øNATIONAL GUARD PERSONNEL, AIR FORCE hurricanes of the 2005 season: Provided, That Procurement, Air Force’’, $13,000,000, to re- øFor an additional amount for ‘‘National the amount provided under this heading is main available until September 30, 2008, for Guard Personnel, Air Force’’, $1,408,000, for designated as an emergency requirement necessary expenses related to the con- necessary expenses related to the con- pursuant to section 402 of H. Con. Res. 95 sequences of Hurricane Katrina and other sequences of Hurricane Katrina and other (109th Congress), the concurrent resolution hurricanes of the 2005 season: Provided, That hurricanes of the 2005 season: Provided, That on the budget for fiscal year 2006. the amount provided under this heading is the amount provided under this heading is øOTHER PROCUREMENT, ARMY designated as an emergency requirement designated as an emergency requirement øFor an additional amount for ‘‘Other Pro- pursuant to section 402 of H. Con. Res. 95 pursuant to section 402 of H. Con. Res. 95 curement, Army’’, $9,136,000, to remain avail- (109th Congress), the concurrent resolution (109th Congress), the concurrent resolution able until September 30, 2008, for necessary on the budget for fiscal year 2006. on the budget for fiscal year 2006. expenses related to the consequences of Hur- øPROCUREMENT, DEFENSE-WIDE øOPERATION AND MAINTENANCE ricane Katrina and other hurricanes of the øFor an additional amount for ‘‘Procure- øOPERATION AND MAINTENANCE, NAVY 2005 season: Provided, That the amount pro- ment, Defense-Wide’’, $2,797,000 (increased by $2,000,000), to remain available until Sep- øFor an additional amount for ‘‘Operation vided under this heading is designated as an tember 30, 2008, for necessary expenses re- and Maintenance, Navy’’, $29,913,000, to re- emergency requirement pursuant to section lated to the consequences of Hurricane main available until September 30, 2007, for 402 of H. Con. Res. 95 (109th Congress), the Katrina and other hurricanes of the 2005 sea- necessary expenses related to the con- concurrent resolution on the budget for fis- son: Provided, That the amount provided sequences of Hurricane Katrina and other cal year 2006. under this heading is designated as an emer- hurricanes of the 2005 season: Provided, That øAIRCRAFT PROCUREMENT, NAVY gency requirement pursuant to section 402 of the amount provided under this heading is øFor an additional amount for ‘‘Aircraft H. Con. Res. 95 (109th Congress), the concur- designated as an emergency requirement Procurement, Navy’’, $579,000, to remain rent resolution on the budget for fiscal year pursuant to section 402 of H. Con. Res. 95 available until September 30, 2008, for nec- 2006. (109th Congress), the concurrent resolution essary expenses related to the consequences ø on the budget for fiscal year 2006. RESEARCH, DEVELOPMENT, TEST AND of Hurricane Katrina and other hurricanes of EVALUATION øOPERATION AND MAINTENANCE, AIR FORCE the 2005 season: Provided, That the amount øRESEARCH, DEVELOPMENT, TEST AND ø provided under this heading is designated as For an additional amount for ‘‘Operation EVALUATION, NAVY and Maintenance, Air Force’’, $37,359,000, to an emergency requirement pursuant to sec- tion 402 of H. Con. Res. 95 (109th Congress), øFor an additional amount for ‘‘Research, remain available until September 30, 2007, for Development, Test and Evaluation, Navy’’, necessary expenses related to the con- the concurrent resolution on the budget for fiscal year 2006. $12,000,000, to remain available until Sep- sequences of Hurricane Katrina and other tember 30, 2007, for necessary expenses re- ø ROCUREMENT OF AMMUNITION, NAVY AND hurricanes of the 2005 season: Provided, That P lated to the consequences of Hurricane the amount provided under this heading is MARINE CORPS Katrina and other hurricanes of the 2005 sea- designated as an emergency requirement øFor an additional amount for ‘‘Procure- son: Provided, That the amount provided pursuant to section 402 of H. Con. Res. 95 ment of Ammunition, Navy and Marine under this heading is designated as an emer- (109th Congress), the concurrent resolution Corps’’, $899,000, to remain available until gency requirement pursuant to section 402 of on the budget for fiscal year 2006. September 30, 2008, for necessary expenses re- H. Con. Res. 95 (109th Congress), the concur- øOPERATION AND MAINTENANCE, NAVY lated to the consequences of Hurricane rent resolution on the budget for fiscal year RESERVE Katrina and other hurricanes of the 2005 sea- 2006. øFor an additional amount for ‘‘Operation son: Provided, That the amount provided øRESEARCH, DEVELOPMENT, TEST AND and Maintenance, Navy Reserve’’, $12,755,000, under this heading is designated as an emer- EVALUATION, AIR FORCE to remain available until September 30, 2007, gency requirement pursuant to section 402 of øFor an additional amount for ‘‘Research, for necessary expenses related to the con- H. Con. Res. 95 (109th Congress), the concur- Development, Test and Evaluation, Air sequences of Hurricane Katrina and other rent resolution on the budget for fiscal year Force’’, $6,250,000, to remain available until hurricanes of the 2005 season: Provided, That 2006. September 30, 2007, for necessary expenses re- the amount provided under this heading is øSHIPBUILDING AND CONVERSION, NAVY lated to the consequences of Hurricane designated as an emergency requirement ø(INCLUDING TRANSFER OF FUNDS) Katrina and other hurricanes of the 2005 sea- pursuant to section 402 of H. Con. Res. 95 øFor an additional amount for ‘‘Ship- son: Provided, That the amount provided (109th Congress), the concurrent resolution building and Conversion, Navy’’, $775,236,000 under this heading is designated as an emer- on the budget for fiscal year 2006. to remain available until September 30, 2010, gency requirement pursuant to section 402 of øOPERATION AND MAINTENANCE, AIR FORCE for necessary expenses related to the con- H. Con. Res. 95 (109th Congress), the concur- RESERVE sequences of Hurricane Katrina and other rent resolution on the budget for fiscal year øFor an additional amount for ‘‘Operation hurricanes of the 2005 season, which shall be 2006. and Maintenance, Air Force Reserve’’, available for transfer within this account to øRESEARCH, DEVELOPMENT, TEST AND $1,277,000, to remain available until Sep- replace destroyed or damaged equipment; EVALUATION, DEFENSE-WIDE tember 30, 2007, for necessary expenses re- prepare and recover naval vessels under con- øFor an additional amount for ‘‘Research, lated to the consequences of Hurricane tract; and provide for cost adjustments for Development, Test and Evaluation, Defense-

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Wide’’, $730,000, to remain available until $100,000,000, to remain available until ex- øCONSTRUCTION September 30, 2007, for necessary expenses re- pended: Provided, That such sums shall be øFor an additional amount for ‘‘Construc- lated to the consequences of Hurricane subject to authorization: Provided further, tion’’ to rebuild and repair structures dam- Katrina and other hurricanes of the 2005 sea- That the Chief of Engineers, acting through aged by Hurricane Katrina and other hurri- son: Provided, That the amount provided the Assistant Secretary of the Army for canes of the 2005 season, $4,800,000, to remain under this heading is designated as an emer- Civil Works, shall provide, at a minimum, a available until expended: Provided, That the gency requirement pursuant to section 402 of monthly report to the House and Senate amount provided under this heading is des- H. Con. Res. 95 (109th Congress), the concur- Committees on Appropriations detailing the ignated as an emergency requirement pursu- rent resolution on the budget for fiscal year allocation and obligation of these funds, be- ant to section 402 of H. Con. Res. 95 (109th 2006. ginning not later than July 30, 2006: Provided Congress), the concurrent resolution on the That the amount provided under this øREVOLVING AND MANAGEMENT FUNDS further, budget for fiscal year 2006. ø heading is designated as an emergency re- DEFENSE WORKING CAPITAL FUNDS quirement pursuant to section 402 of H. Con. øUNITED STATES COAST GUARD ø For an additional amount for ‘‘Defense Res. 95 (109th Congress), the concurrent reso- øOPERATING EXPENSES Working Capital Funds’’, $1,222,000, for nec- lution on the budget for fiscal year 2006. ø(INCLUDING TRANSFER OF FUNDS) essary expenses related to the consequences øFLOOD CONTROL AND COASTAL EMERGENCIES of Hurricane Katrina and other hurricanes of øFor an additional amount for ‘‘Operating øFor additional amounts for ‘‘Flood Con- the 2005 season: Provided, That the amount Expenses’’ for necessary expenses related to trol and Coastal Emergencies’’, as authorized provided under this heading is designated as the consequences of Hurricane Katrina and by section of the Flood Control Act of Au- other hurricanes of the 2005 season, an emergency requirement pursuant to sec- gust 18, 1941, as amended (33 U.S.C. 701n), for $14,300,000, to remain available until Sep- tion 402 of H. Con. Res. 95 (109th Congress), necessary expenses related to the con- tember 30, 2007, of which up to $267,000 may the concurrent resolution on the budget for sequences of Hurricane Katrina and other be transferred to ‘‘Environmental Compli- fiscal year 2006. hurricanes of the 2005 season, $1,360,000,000, ance and Restoration’’ to be used for envi- øNATIONAL DEFENSE SEALIFT FUND to remain available until expended: Provided, ronmental cleanup and restoration of Coast øFor an additional amount for ‘‘National That such sums shall be subject to author- Guard facilities; and of which up to $500,000 Defense Sealift Fund’’, $10,000,000, to remain ization: Provided further, That the Chief of may be transferred to ‘‘Research, Develop- available until expended, for necessary ex- Engineers, acting through the Assistant Sec- ment, Test, and Evaluation’’ to be used for penses related to the consequences of Hurri- retary of the Army for Civil Works, shall salvage and repair of research and develop- cane Katrina and other hurricanes of the 2005 provide, at a minimum, a monthly report to ment equipment and facilities: Provided, season: Provided, That the amount provided the House and Senate Committees on Appro- That the amount provided under this head- under this heading is designated as an emer- priations detailing the allocation and obliga- ing is designated as an emergency require- gency requirement pursuant to section 402 of tion of these funds, beginning not later than ment pursuant to section 402 of H. Con. Res. H. Con. Res. 95 (109th Congress), the concur- July 30, 2006: Provided further, That none of 95 (109th Congress), the concurrent resolu- rent resolution on the budget for fiscal year the funds provided herein shall be available tion on the budget for fiscal year 2006. 2006. until the non-federal interests have entered øACQUISITION, CONSTRUCTION, AND øTRUST FUNDS into binding agreements with the Secretary of the Army to pay 100 percent of the oper- IMPROVEMENTS øGENERAL FUND PAYMENT, SURCHARGE COL- ation, maintenance, repair, replacement and øFor an additional amount for ‘‘Acquisi- LECTIONS, SALES OF COMMISSARY STORES, rehabilitation costs of the projects: Provided tion, Construction, and Improvements’’ for DEFENSE further, That the amount provided under this necessary expenses related to the con- ø For an additional amount for ‘‘General heading is designated as an emergency re- sequences of Hurricane Katrina and other Fund Payment, Surcharge Collections, Sales quirement pursuant to section 402 of H. Con. hurricanes of the 2005 season, $80,755,000, to of Commissary Stores, Defense’’, $10,530,000, Res. 95 (109th Congress), the concurrent reso- remain available until expended: Provided, to remain available until September 30, 2010, lution on the budget for fiscal year 2006. That the amount provided under this head- for necessary expenses related to the con- øCHAPTER 4 ing is designated as an emergency require- sequences of Hurricane Katrina and other ø ment pursuant to section 402 of H. Con. Res. hurricanes of the 2005 season: Provided, That DEPARTMENT OF HOMELAND SECURITY øOFFICE OF INSPECTOR GENERAL 95 (109th Congress), the concurrent resolu- the amount provided under this heading is tion on the budget for fiscal year 2006. designated as an emergency requirement ø(INCLUDING TRANSFERS OF FUNDS) ø pursuant to section 402 of H. Con. Res. 95 øFor an additional amount for ‘‘Salaries FEDERAL EMERGENCY MANAGEMENT AGENCY (109th Congress), the concurrent resolution and Expenses’’ for necessary expenses related øADMINISTRATIVE AND REGIONAL OPERATIONS on the budget for fiscal year 2006. to the consequences of Hurricane Katrina øFor an additional amount for ‘‘Adminis- øOTHER DEPARTMENT OF DEFENSE and other hurricanes of the 2005 season, trative and Regional Operations’’ for nec- PROGRAMS $13,500,000, to remain available until Sep- essary expenses related to the consequences tember 30, 2007: Provided, That these øDEFENSE HEALTH PROGRAM of Hurricane Katrina and other hurricanes of amounts shall be transferred to the Offices of ø the 2005 season, $70,000,000, to remain avail- For an additional amount for ‘‘Defense Inspector General of the Departments of Ag- Health Program’’, $33,881,000, to remain able until expended: Provided, That the riculture, Defense, Education, Health and amount provided under this heading is des- available until September 30, 2007, for nec- Human Services, Housing and Urban Devel- essary expenses related to the consequences ignated as an emergency requirement pursu- opment, Justice, Labor and Transportation, ant to section 402 of H. Con. Res. 95 (109th of Hurricane Katrina and other hurricanes of and the Environmental Protection Agency, the 2005 season: Provided, That the amount Congress), the concurrent resolution on the the General Services Administration, and budget for fiscal year 2006. provided under this heading is designated as the Social Security Administration to carry øPREPAREDNESS, MITIGATION, RESPONSE AND an emergency requirement pursuant to sec- out necessary audits and investigations of RECOVERY tion 402 of H. Con. Res. 95 (109th Congress), funding and programs undertaken by the re- the concurrent resolution on the budget for spective agencies for response and recovery øFor an additional amount for ‘‘Prepared- fiscal year 2006. from the 2005 Gulf Coast hurricanes: Provided ness, Mitigation, Response and Recovery’’ øGENERAL PROVISION—THIS CHAPTER further, That the amount provided under this for necessary expenses related to the con- øSEC. 2201. None of the funds provided in heading is designated as an emergency re- sequences of Hurricane Katrina and other this chapter may be used to finance pro- quirement pursuant to section 402 of H. Con. hurricanes of the 2005 season, $10,000,000: Pro- grams or activities denied by Congress in fis- Res. 95 (109th Congress), the concurrent reso- vided, That the amount provided under this cal year 2005 and 2006 appropriations to the lution on the budget for fiscal year 2006. heading is designated as an emergency re- Department of Defense or to initiate a pro- øCUSTOMS AND BORDER PROTECTION quirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent reso- curement or research, development, test and øSALARIES AND EXPENSES lution on the budget for fiscal year 2006. evaluation new start program without prior øFor an additional amount for ‘Salaries written notification to the congressional de- and Expenses’ to provide for the relocation øDISASTER RELIEF fense committees. of personnel and equipment related to the øFor an additional amount for ‘‘Disaster øCHAPTER 3 New Orleans laboratory facility and for the Relief’’ for necessary expenses under the øDEPARTMENT OF DEFENSE—CIVIL repair and replacement of critical equipment Robert T. Stafford Disaster Relief and Emer- øDEPARTMENT OF THE ARMY and property damaged or caused by Hurri- gency Assistance Act (42 U.S.C. 5121 et seq.), cane Katrina and other hurricanes of the 2005 $9,550,000,000 (reduced by $2,000,000), to re- øCORPS OF ENGINEERS—CIVIL season, $12,900,000: Provided, That the amount main available until expended: Provided, øCONSTRUCTION provided under this heading is designated as That the amount provided under this head- øFor additional amounts for ‘‘Construc- an emergency requirement pursuant to sec- ing is designated as an emergency require- tion’’ to reduce the risk of storm damage to tion 402 of H. Con. Res. 95 (109th Congress), ment pursuant to section 402 of H. Con. Res. the greater New Orleans metropolitan area the concurrent resolution on the budget for 95 (109th Congress), the concurrent resolu- by restoring the surrounding wetlands, fiscal year 2006. tion on the budget for fiscal year 2006.

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øDISASTER ASSISTANCE DIRECT LOAN PROGRAM øNATIONAL PARK SERVICE øDEPARTMENT OF AGRICULTURE ACCOUNT øHISTORIC PRESERVATION FUND øFOREST SERVICE ø (INCLUDING TRANSFER OF FUNDS) øFor an additional amount for the ‘‘His- øNATIONAL FOREST SYSTEM øFor an additional amount for ‘‘Disaster toric Preservation Fund’’ for necessary ex- øFor an additional amount for the ‘‘Na- Assistance Direct Loan Program Account’’ penses related to the consequences of Hurri- tional Forest System’’ for necessary ex- for the cost of direct loans as authorized cane Katrina and other hurricanes of the 2005 penses related to the consequences of Hurri- under section 417 of the Robert T. Stafford season, $3,000,000, to remain available until cane Katrina and other hurricanes of the 2005 Disaster Relief and Emergency Assistance September 30, 2007: Provided, That the season, $20,000,000, to remain available until Act (42 U.S.C. 5184), $151,000,000, to be used to amount provided under this heading is des- expended: Provided, That the amount pro- assist local governments that were affected ignated as an emergency requirement pursu- vided under this heading is designated as an by Hurricane Katrina and other hurricanes ant to section 402 of H. Con. Res. 95 (109th emergency requirement pursuant to section of the 2005 season in providing essential serv- Congress), the concurrent resolution on the 402 of H. Con. Res. 95 (109th Congress), the ices, of which $1,000,000 is for administrative budget for fiscal year 2006. concurrent resolution on the budget for fis- expenses to carry out the direct loan pro- øCONSTRUCTION cal year 2006. gram: Provided, That such funds may be used ø øCHAPTER 6 to subsidize gross obligations for the prin- For an additional amount for ‘‘Construc- ø cipal amount of direct loans not to exceed tion’’ for necessary expenses related to the DEPARTMENT OF DEFENSE $200,000,000: Provided further, That notwith- consequences of Hurricane Katrina and other øMILITARY CONSTRUCTION hurricanes of the 2005 season, $55,400,000, to standing section 417(b) of such Act, the øMILITARY CONSTRUCTION, NAVY AND MARINE remain available until expended: Provided, amount of any such loan issued pursuant to CORPS That the amount provided under this head- this section may exceed $5,000,000: Provided øFor an additional amount for ‘‘Military further, That notwithstanding section ing is designated as an emergency require- ment pursuant to section 402 of H. Con. Res. Construction, Navy and Marine Corps’’, for 417(c)(1) of such Act, such loans may not be necessary expenses related to the con- canceled: Provided further, That the cost of 95 (109th Congress), the concurrent resolu- tion on the budget for fiscal year 2006. sequences of Hurricane Katrina and other modifying such loans shall be as defined in hurricanes of the 2005 season, $28,880,000 (in- ø section 502 of the Congressional Budget Act UNITED STATES GEOLOGICAL SURVEY creased by $15,890,000), to remain available of 1974 (2 U.S.C. 661a): Provided further, That øSURVEYS, INVESTIGATIONS, AND RESEARCH until September 30, 2010: Provided, That not- of the amount provided in this chapter under øFor an additional amount for ‘‘Surveys, withstanding any other provision of law, the heading Disaster Relief’’, up to Investigations, and Research’’ for necessary such funds may be obligated or expended to $150,000,000 may be transferred to and merged expenses related to the consequences of Hur- carry out planning and design and military with the funds provided under this heading, ricane Katrina and other hurricanes of the construction projects not otherwise author- to be used to subsidize gross obligations for 2005 season and for repayment of advances to ized by law: Provided further, That the the principal amount of direct loans not to other appropriation accounts from which amount provided under this heading is des- exceed $200,000,000: Provided further, That the funds were transferred for such purposes, ignated as an emergency requirement pursu- amounts provided or transferred under this $10,200,000, to remain available until ex- ant to section 402 of H. Con. Res. 95 (109th heading are designated as an emergency re- pended: Provided, That the amount provided Congress), the concurrent resolution on the quirement pursuant to section 402 of H. Con. under this heading is designated as an emer- budget for fiscal year 2006. Res. 95 (109th Congress), the concurrent reso- gency requirement pursuant to section 402 of øMILITARY CONSTRUCTION, AIR FORCE lution on the budget for fiscal year 2006. H. Con. Res. 95 (109th Congress), the concur- øFor an additional amount for ‘‘Military øGENERAL PROVISIONS—THIS CHAPTER rent resolution on the budget for fiscal year Construction, Air Force’’, for necessary ex- øSEC. 2401. The Federal Emergency Man- 2006. penses related to the consequences of Hurri- agement Agency may provide funds to a øMINERALS MANAGEMENT SERVICE cane Katrina and other hurricanes of the 2005 State or local government or, as necessary, ø season, $57,300,000 (increased by $40,000,000), assume an existing agreement from such ROYALTY AND OFFSHORE MINERALS MANAGEMENT to remain available until September 30, 2010: unit of government, to pay for utility costs Provided, That notwithstanding any other ø resulting from the provision of temporary For an additional amount for ‘‘Royalty provision of law, such funds may be obli- housing units to evacuees from Hurricanes and Offshore Minerals Management’’ for nec- gated or expended to carry out planning and Katrina and Rita if the State or local gov- essary expenses related to the consequences design and military construction projects ernment has previously arranged to pay for of Hurricane Katrina and other hurricanes of not otherwise authorized by law: Provided such utilities on behalf of the evacuees for the 2005 season and for repayment of ad- further, That the amount provided under this the term of any leases, not to exceed 12 vances to other appropriation accounts from heading is designated as an emergency re- months, contracted by or prior to February which funds were transferred for such pur- quirement pursuant to section 402 of H. Con. 7, 2006, notwithstanding section 408 of the poses, $15,000,000, to remain available until Res. 95 (109th Congress), the concurrent reso- Robert T. Stafford Disaster Relief and Emer- September 30, 2007: Provided, That the lution on the budget for fiscal year 2006. gency Assistance Act (42 U.S.C. 5174): Pro- amount provided under this heading is des- øMILITARY CONSTRUCTION, ARMY NATIONAL vided, That the Federal share of the costs eli- ignated as an emergency requirement pursu- GUARD gible to be paid shall be 100 percent. ant to section 402 of H. Con. Res. 95 (109th øSEC. 2402. (a) Title III of Public Law 109– Congress), the concurrent resolution on the øFor an additional amount for ‘‘Military 90 is amended under the heading ‘‘National budget for fiscal year 2006. Construction, Army National Guard’’, for Flood Insurance Fund’’ by striking øENVIRONMENTAL PROTECTION AGENCY necessary expenses related to consequences ‘‘$30,000,000 for interest on Treasury bor- of Hurricane Katrina and other hurricanes of øENVIRONMENTAL PROGRAMS AND MANAGEMENT rowings’’ and inserting ‘‘such sums as nec- the 2005 season, $67,800,000, to remain avail- essary for interest on Treasury borrowings’’. øFor an additional amount for ‘‘Environ- able until September 30, 2010: Provided, That ø(b) The provisions of this section are des- mental Programs and Management’’ for nec- notwithstanding any other provision of law, ignated as an emergency requirement pursu- essary expenses related to the consequences such funds may be obligated or expended to ant to section 402 of H. Con. Res. 95 (109th of Hurricane Katrina and other hurricanes of carry out planning and design and military Congress), the concurrent resolution on the the 2005 season, $6,000,000, to remain avail- construction projects not otherwise author- budget for fiscal year 2006. able until September 30, 2007: Provided, That ized by law: Provided further, That the the amount provided under this heading is amount provided under this heading in the øCHAPTER 5 designated as an emergency requirement chapter 7 of title I of division B of Public øDEPARTMENT OF THE INTERIOR pursuant to section 402 of H. Con. Res. 95 Law 109–148 (119 Stat. 2770) shall remain øUNITED STATES FISH AND WILDLIFE SERVICE (109th Congress), the concurrent resolution available until September 30, 2010: Provided øCONSTRUCTION on the budget for fiscal year 2006. further, That the amounts provided under this heading are designated as an emergency øFor an additional amount for ‘‘Construc- øLEAKING UNDERGROUND STORAGE TANK requirement pursuant to section 402 of H. tion’’ for necessary expenses related to the PROGRAM Con. Res. 95 (109th Congress), the concurrent consequences of Hurricane Katrina and other øFor an additional amount for the ‘‘Leak- resolution on the budget for fiscal year 2006. hurricanes of the 2005 season and for repay- ing Underground Storage Tank Program’’ for ment of advances to other appropriation ac- necessary expenses related to the con- øMILITARY CONSTRUCTION, AIR NATIONAL counts from which funds were transferred for sequences of Hurricane Katrina and other GUARD such purposes, $132,400,000, to remain avail- hurricanes of the 2005 season, $7,000,000, to øFor an additional amount for ‘‘Military able until expended: Provided, That the remain available until September 30, 2007: Construction, Air National Guard’’, for nec- amount provided under this heading is des- Provided, That the amount provided under essary expenses related to consequences of ignated as an emergency requirement pursu- this heading is designated as an emergency Hurricane Katrina and other hurricanes of ant to section 402 of H. Con. Res. 95 (109th requirement pursuant to section 402 of H. the 2005 season, $5,800,000, to remain avail- Congress), the concurrent resolution on the Con. Res. 95 (109th Congress), the concurrent able until September 30, 2010: Provided, That budget for fiscal year 2006. resolution on the budget for fiscal year 2006. notwithstanding any other provision of law,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3452 CONGRESSIONAL RECORD — SENATE April 25, 2006 such funds may be obligated or expended to $5,000,000, to remain available until Sep- the President declared a major disaster carry out planning and design and military tember 30, 2007: Provided, That the amount under title IV of the Robert T. Stafford Dis- construction projects not otherwise author- provided under this heading is designated as aster Relief and Emergency Assistance Act ized by law: Provided further, That the an emergency requirement pursuant to sec- (42 U.S.C. 5121 et seq.) in conjunction with amount provided under this heading is des- tion 402 of H. Con. Res. 95 (109th Congress), Hurricane Katrina, Rita, or Wilma, ignated as an emergency requirement pursu- the concurrent resolution on the budget for $4,200,000,000, to remain available until ex- ant to section 402 of H. Con. Res. 95 (109th fiscal year 2006. pended, for activities authorized under title I Congress), the concurrent resolution on the øDEPARTMENT OF COMMERCE of the Housing and Community Development Act of 1974 (Public Law 93–383): Provided, budget for fiscal year 2006. ø NATIONAL OCEANIC AND ATMOSPHERIC That funds made available under this head- øMILITARY CONSTRUCTION, NAVY RESERVE ADMINISTRATION ing shall be distributed to address the most ø (INCLUDING RESCISSION OF FUNDS) øPROCUREMENT, ACQUISITION AND critical recovery requirements notwith- øFor an additional amount for ‘‘Military CONSTRUCTION standing funding limitations under this Construction, Navy Reserve’’, for necessary øFor an additional amount for ‘‘Procure- heading in title I of division B of Public Law expenses related to consequences of Hurri- ment, Acquisition and Construction’’, for 109–148: Provided further, That funds provided cane Katrina and other hurricanes of the 2005 necessary expenses related to the con- under this heading shall be administered season, $24,270,000, to remain available until sequences of Hurricane Katrina and other through an entity or entities designated by September 30, 2010: Provided, That notwith- hurricanes of the 2005 season, $11,800,000, to the Governor of each State: Provided further, standing any other provision of law, such remain available until expended: Provided, That such funds may not be used for activi- funds may be obligated or expended to carry That the amount provided under this head- ties reimbursable by or for which funds are out planning and design and military con- ing is designated as an emergency require- made available by the Federal Emergency struction projects not otherwise authorized ment pursuant to section 402 of H. Con. Res. Management Agency or the Army Corps of by law: Provided further, That the amount 95 (109th Congress), the concurrent resolu- Engineers: Provided further, That funds allo- cated under this heading shall not adversely provided under the heading ‘‘Military Con- tion on the budget for fiscal year 2006. struction, Naval Reserve’’ in chapter 7 of affect the amount of any formula assistance øSCIENCE title I of division B of Public Law 109–148 (119 received by a State under this heading: Pro- ø Stat. 2771) shall remain available until Sep- NATIONAL AERONAUTICS AND SPACE vided further, That each State may use up to tember 30, 2010, except that, of such amount ADMINISTRATION five percent of its allocation for administra- $49,530,000 are rescinded: Provided further, øEXPLORATION CAPABILITIES tive costs: Provided further, That not less than $1,000,000,000 from funds made available That the amounts provided under this head- øFor an additional amount for ‘‘Explo- under this heading shall be used for repair, ing are designated as an emergency require- ration Capabilities’’, for necessary expenses ment pursuant to section 402 of H. Con. Res. rehabilitation, and reconstruction (including related to the consequences of Hurricane demolition, site clearance and remediation) 95 (109th Congress), the concurrent resolu- Katrina and other hurricanes of the 2005 sea- of the affordable rental housing stock (in- tion on the budget for fiscal year 2006. son, $30,000,000, to remain available until ex- cluding public and other HUD-assisted hous- øDEPARTMENT OF VETERANS AFFAIRS pended: Provided, That the amount provided ing) in the impacted areas: Provided further, øDEPARTMENTAL ADMINISTRATION under this heading is designated as an emer- That in administering the funds under this gency requirement pursuant to section 402 of øCONSTRUCTION, MAJOR PROJECTS heading, the Secretary of Housing and Urban H. Con. Res. 95 (109th Congress), the concur- Development may waive, or specify alter- ø(INCLUDING TRANSFER OF FUNDS) rent resolution on the budget for fiscal year native requirements for, any provision of øFor an additional amount for ‘‘Construc- 2006. any statute or regulation that the Secretary tion, Major Projects’’, for necessary expenses øRELATED AGENCIES administers in connection with the obliga- related to the consequences of Hurricane øSMALL BUSINESS ADMINISTRATION tion by the Secretary or the use by the re- Katrina and other hurricanes of the 2005 sea- cipient of these funds or guarantees (except øDISASTER LOANS PROGRAM ACCOUNT son, $550,000,000, to remain available until ex- for requirements related to fair housing, pended: Provided, That the foregoing amount ø(INCLUDING TRANSFERS OF FUNDS) nondiscrimination, labor standards, and the shall only be available upon enactment, by øFor an additional amount for ‘‘Disaster environment), upon a request by the State June 30, 2006, of authority under section 8104 Loans Program Account’’ for the cost of di- that such waiver is required to facilitate the of title 38, United States Code: Provided fur- rect loans authorized by section 7(b) of the use of such funds or guarantees, and a find- ther, That up to $275,000,000 of the amount Small Business Act, $1,254,000,000, to remain ing by the Secretary that such waiver would provided under this heading may (at any available until expended: Provided, That such not be inconsistent with the overall purpose time after the enactment of this Act and costs, including the cost of modifying such of the statute, as modified: Provided further, without regard to the preceding proviso) be loans, shall be as defined in section 502 of the That the Secretary may waive the require- transferred by the Secretary of Veterans Af- Congressional Budget Act of 1974: Provided ment that activities benefit persons of low fairs to the ‘‘Medical Services’’ account, to further, That, of the amount provided under and moderate income, except that at least 50 be available only for unanticipated costs re- this heading, up to $190,000,000 may be trans- percent of the funds made available under lated to the Global War on Terror: Provided ferred to and merged with appropriations for this heading must benefit primarily persons further, That the Secretary of Veterans Af- ‘‘Small Business Administration, Salaries of low and moderate income unless the Sec- fairs shall, not fewer than 15 days prior to and Expenses’’ for administrative expenses retary otherwise makes a finding of compel- making a transfer under the authority in the to carry out the disaster loan program: Pro- ling need: Provided further, That the Sec- preceding proviso, notify the Committees on vided further, That none of the funds provided retary shall publish in the Federal Register Appropriations of the Senate and House of under this heading may be used for indirect any waiver of any statute or regulation that Representatives in writing of the transfer: administrative expenses: Provided further, the Secretary administers pursuant to title I Provided further, That the amount provided That, of the amount provided under this of the Housing and Community Development under this heading is designated as an emer- heading, $712,000,000 is hereby transferred to Act of 1974 no later than 5 days before the ef- gency requirement pursuant to section 402 of ‘‘Federal Emergency Management Agency, fective date of such waiver: Provided further, H. Con. Res. 95 (109th Congress), the concur- Disaster Relief’’ to reimburse that account That every waiver made by the Secretary rent resolution on the budget for fiscal year for funds transferred to this account by Pub- must be reconsidered according to the three 2006. lic Law 109–174: Provided further, That the previous provisos on the two-year anniver- øCHAPTER 7 amount provided under this heading is des- sary of the day the Secretary published the waiver in the Federal Register: Provided fur- øDEPARTMENT OF JUSTICE ignated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th ther, That prior to the obligation of funds øLEGAL ACTIVITIES each State shall submit a plan to the Sec- Congress), the concurrent resolution on the ø retary detailing the proposed use of all SALARIES AND EXPENSES, GENERAL LEGAL budget for fiscal year 2006. ACTIVITIES funds, including criteria for eligibility and øCHAPTER 8 øFor an additional amount for ‘‘Salaries how the use of these funds will address long- øDEPARTMENT OF HOUSING AND URBAN and Expenses, General Legal Activities’’, term recovery and restoration of infrastruc- DEVELOPMENT $2,000,000, to remain available until Sep- ture: Provided further, That prior to the obli- tember 30, 2007: Provided, That the amount øCOMMUNITY PLANNING AND DEVELOPMENT gation of funds to each State, the Secretary shall ensure that such plan gives priority to provided under this heading is designated as øCOMMUNITY DEVELOPMENT FUND infrastructure development and rehabilita- an emergency requirement pursuant to sec- ø (INCLUDING TRANSFER OF FUNDS) tion and the rehabilitation and reconstruc- tion 402 of H. Con. Res. 95 (109th Congress), øFor an additional amount for the ‘‘Com- tion of the affordable rental housing stock the concurrent resolution on the budget for munity development fund’’, for necessary ex- including public and other HUD-assisted fiscal year 2006. penses related to disaster relief, long-term housing: Provided further, That each State øSALARIES AND EXPENSES, UNITED STATES recovery, and restoration of infrastructure will report quarterly to the Committees on ATTORNEYS in the most impacted and distressed areas re- Appropriations on all awards and uses of øFor an additional amount for ‘‘Salaries lated to the consequences of hurricanes in funds made available under this heading, in- and Expenses, United States Attorneys’’, the Gulf of Mexico in 2005 in States for which cluding specifically identifying all awards of

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3453 sole-source contracts and the rationale for $43,620,000: Provided, That none of the funds ‘‘in title III of Public Law 109–115 (as in ef- making the award on a sole-source basis: appropriated in this section or under the fect pursuant to H. Con. Res. 308, 109th Con- Provided further, That the Secretary shall no- heading United States Secret Service ‘‘Sala- gress)’’ and inserting ‘‘in title III of division tify the Committees on Appropriations on ries and Expenses’’ in any other Act may be A of Public Law 109–115’’. any proposed allocation of any funds and any used to support the position of the Chief Fi- ø(c) Each amendment made by this section related waivers made pursuant to these pro- nancial Officer until the Committees on Ap- shall apply as if included in the amended visions under this heading no later than 5 propriations receive: (1) a comprehensive public law on the date of its enactment. ø days before such waiver is made: Provided workload re-balancing report that includes SEC. 3009. The statement of managers cor- further, That the Secretary shall establish funding and position requirements for cur- rection referenced in the second paragraph procedures to prevent recipients from receiv- rent investigative and protective operations; under the heading ‘‘Community Develop- ing any duplication of benefits and report (2) a comprehensive analysis of the method- ment Fund’’ in title III of division A of Pub- quarterly to the Committees on Appropria- ology used to estimate current workloads lic Law 109–115 is deemed to be amended— ø tions with regard to all steps taken to pre- and develop annual operating budgets; and (1) with respect to item number 714, by vent fraud and abuse of funds made available (3) a budget formulation model for National striking ‘‘construction of a senior center;’’ under this heading including duplication of Special Security Events: Provided further, and inserting ‘‘renovation and buildout of a benefits: Provided further, That of the That none of the funds appropriated in this multipurpose center;’’; ø amounts made available under this heading, section may be obligated until the Commit- (2) with respect to item number 850, by the Secretary may transfer a total of up to tees on Appropriations receive a revised Pro- striking ‘‘City of Lancaster, Pennsylvania’’ gram, Project and Activity schedule based $15,000,000 to the Office of Inspector General and inserting ‘‘in Pennsylvania’’; and on current investigative and protective ø and ‘‘Management and Administration, Sala- (3) with respect to item number 925, by workload requirements, including a com- ries and Expenses’’ for costs associated with striking ‘‘Greenwood Partnership Alliance, prehensive analysis of the methodology used administration and oversight: Provided fur- South Carolina for the renovation of Old to estimate those requirements. ther, That none of the funds provided under Federal Courthouse;’’ and inserting ‘‘City of øSEC. 3005. (a) The matter under the head- Greenwood, South Carolina for the Emerald this heading may be used by a State or local- ing ‘‘Tenant-Based Rental Assistance’’ in ity as a matching requirement, share, or Triangle Project;’’. chapter 9 of title I of division B of Public øSEC. 3010. Section 9001 of the Deficit Re- contribution for any other Federal program: Law 109–148 is amended— duction Act of 2005 is amended— Provided further, That the amounts provided ø(1) in the first proviso, by striking ‘‘or the ø(1) in subsection (a), by striking ‘‘for a 1- under this heading are designated as an Stewart B. McKinney Homeless Assistance time only obligation and expenditure’’; emergency requirement pursuant to section Act (Public Law 100–77)’’ and inserting ‘‘the ø(2) in subsection (a)(2)— 402 of H. Con. Res. 95 (109th Congress), the McKinney-Vento Homeless Assistance Act, ø(A) by striking ‘‘for fiscal year 2007’’; and concurrent resolution on the budget for fis- section 221(d)(3), 221(d)(5), or 236 of the Na- ø(B) by inserting before the period at the cal year 2006. tional Housing Act, or section 101 of the end the following: ‘‘, to remain available øINDEPENDENT AGENCY Housing and Urban Development Act of until September 30, 2007’’; and øGENERAL SERVICES ADMINISTRATION 1965’’; and ø(3) by striking subsection (b) and insert- ø øFEDERAL BUILDINGS FUND (2) in the second proviso, by inserting ‘‘, ing the following: ø øFor an additional amount for ‘‘Federal except that paragraph (7)(A) of such section ‘‘(b) EMERGENCY DESIGNATION.—The Buildings Fund’’ for necessary expenses re- shall not apply’’ after ‘‘1937’’. amount provided under subsection (a)(2) is ø(b) The provisions of this section are des- lated to the consequences of Hurricane designated as an emergency requirement ignated as an emergency requirement pursu- Katrina and other hurricanes of the 2005 sea- pursuant to section 402 of H. Con. Res. 95 ant to section 402 of H. Con. Res. 95 (109th (109th Congress), the concurrent resolution son, $37,000,000, from the General Fund and Congress), the concurrent resolution on the on the budget for fiscal year 2006.’’. to remain available until expended: Provided, budget for fiscal year 2006. øSEC. 3011. (a) None of the funds made That notwithstanding 40 U.S.C. 3307, the Ad- øSEC. 3006. Notwithstanding 49 U.S.C. 5336, available in this Act or any other Act may ministrator of General Services is authorized any funds remaining available under Federal be used to take any action under section 721 to proceed with repairs and alterations for Transit Administration grant numbers NY– of the Defense Production Act of 1950 (50 affected buildings: Provided further, That he 03–345–00, NY–03–0325–00, NY–03–0405, NY–90– U.S.C. App. 2170) or any other provision of amount provided under this heading is des- X398–00, NY–90–X373–00, NY–90–X418–00, NY– law to approve or otherwise allow the acqui- ignated as an emergency requirement pursu- 90–X465–00 together with an amount not to sition of any leases, contracts, rights, or ant to section 402 of H. Con. Res. 95 (109th exceed $19,200,000 in urbanized area formula other obligations of P&O Ports by Dubai Congress), the concurrent resolution on the funds that were allocated by the New York Ports World or any other legal entity affili- budget for fiscal year 2006. Metropolitan Transportation Council to the ated with or controlled by Dubai Ports øTITLE III—GENERAL PROVISIONS AND New York City Department of Transpor- World. TECHNICAL CORRECTIONS tation as a designated recipient under 49 ø(b) Notwithstanding any other provision øSEC. 3001. No part of any appropriation U.S.C. 5307 may be made available to the of law or any prior action or decision by or contained in this Act shall remain available New York Metropolitan Transportation Au- on behalf of the President under section 721 for obligation beyond the current fiscal year thority for eligible capital projects author- of the Defense Production Act of 1950 (50 unless expressly so provided herein. ized under 49 U.S.C. 5307 and 5309. U.S.C. App. 2170), the acquisition of any ø øSEC. 3002. Notwithstanding subsection (b) SEC. 3007. The referenced statement of the leases, contracts, rights, or other obligations of section 102 of title I of division B of Public managers under the heading ‘‘Community of P&O Ports by Dubai Ports World or any Law 109–148 (119 Stat. 2748), the Secretary of Development Fund’’ in title II of division I of other legal entity affiliated with or con- Agriculture may provide financial and tech- Public Law 108–447 is deemed to be amend- trolled by Dubai Ports World is hereby pro- nical assistance in carrying out such section ed— hibited and shall have no effect. ø ø in an amount up to 100 percent Federal (1) with respect to item number 536, by (c) The limitation in subsection (a) and share, as provided in regulations imple- striking ‘‘an economic development planning the prohibition in subsection (b) apply with menting the emergency watershed protec- study’’ and inserting ‘‘the Main Street Revi- respect to the acquisition of any leases, con- tion program: Provided, That the amount talization Project’’; and tracts, rights, or other obligations on or ø provided under this heading is designated as (2) with respect to item number 444, by after January 1, 2006. ø(d) In this section: an emergency requirement pursuant to sec- striking ‘‘City of St. Petersburg, Florida for ø(1) The term ‘‘P&O Ports’’ means P&O tion 402 of H. Con. Res. 95 (109th Congress), facilities construction and renovation for the Ports, North America, a United States sub- the concurrent resolution on the budget for Mid-Pinellas Science Center’’ and inserting sidiary of the Peninsular and Oriental Steam fiscal year 2006. ‘‘St. Petersburg College, City of Seminole, Navigation Company, a company that is a øSEC. 3003. Funds appropriated pursuant to Florida for the development of a Science and national of the United Kingdom. this Act, or made available by the transfer of Nature Park at St. Petersburg College’’. ø ø(2) The term ‘‘Dubai Ports World’’ means funds in or pursuant to this Act, for intel- SEC. 3008. (a) The second paragraph under the heading ‘‘Community Development Dubai Ports World, a company that is partly ligence activities are deemed to be specifi- Fund’’ in title III of division A of Public Law owned and controlled by the Government of cally authorized by the Congress for pur- 109–115 is amended by striking ‘‘statement of the United Arab Emirates. poses of section 504 of the National Security managers accompanying this Act’’ and in- øSEC. 3012. (a) None of the funds appro- Act of 1947 (50 U.S.C. 414). serting ‘‘statement of managers correction priated in Public Law 109–102 or any prior ø (INCLUDING RESCISSION OF FUNDS) for H.R. 3058 relating to the Economic Devel- Act making appropriations for foreign oper- øSEC. 3004. (a) RESCISSION.—Of the unobli- opment Initiative submitted to the House of ations, export financing and related pro- gated balances available for ‘‘Immigration Representatives by the Chairman of the grams may be obligated or expended for as- and Customs Enforcement—Automation Committee on Appropriations of the House sistance to the Palestinian Authority or a Modernization’’, $43,620,000 are rescinded. on November 18, 2005, and printed in the successor entity until the Secretary of State ø(b) APPROPRIATION.—For an additional House section of the Congressional Record certifies to the Committees on Appropria- amount for ‘‘United States Secret Service— on such date’’. tions that such entity has demonstrated its Salaries and Expenses’’ for critical inves- ø(b) Section 5023 of title V of division B of commitment to the principles of non- tigative and protective operations, Public Law 109–148 is amended by striking violence, the recognition of Israel, and the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3454 CONGRESSIONAL RECORD — SENATE April 25, 2006 acceptance of previous agreements and obli- September 30, 2007: Provided, That the amount RELATED AGENCY gations, including the Roadmap. provided under this heading is designated as an BROADCASTING BOARD OF GOVERNORS ø(b) None of the funds appropriated under emergency requirement pursuant to section 402 INTERNATIONAL BROADCASTING OPERATIONS the heading ‘‘Economic Support Fund’’ in of H. Con. Res. 95 (109th Congress), the concur- Public Law 109–102 or any prior Act making rent resolution on the budget for fiscal year For an additional amount for ‘‘International appropriations for foreign operations, export 2006. Broadcasting Operations’’ for programs and ac- tivities promoting democracy in Iran, financing and related programs may be obli- FEDERAL BUREAU OF INVESTIGATION gated or expended for assistance to the West $30,250,000, to remain available until expended: SALARIES AND EXPENSES Bank and Gaza until the Secretary of State Provided, That the amount provided under this reviews the current assistance program, For an additional amount for ‘‘Salaries and heading is designated as an emergency require- consults with the Committees on Appropria- Expenses’’, $82,000,000, to remain available until ment pursuant to section 402 of H. Con. Res. 95 tions, and submits a revised plan for such as- September 30, 2007: Provided, That the amount (109th Congress), the concurrent resolution on provided under this heading is designated as an sistance: Provided, That such plan shall be the budget for fiscal year 2006. submitted not later than April 30, 2006, and emergency requirement pursuant to section 402 GENERAL PROVISION—THIS CHAPTER of H. Con. Res. 95 (109th Congress), the concur- shall contain specific and appropriate steps AUTHORIZATION OF FUNDS to ensure that United States assistance is rent resolution on the budget for fiscal year 2006. SEC. 1201. Funds appropriated or made avail- not provided to or through any individual, able by transfer in this chapter may be obligated private or government entity, or educational DRUG ENFORCEMENT ADMINISTRATION and expended notwithstanding section 15 of the institution that the Secretary knows or has SALARIES AND EXPENSES State Department Basic Authorities Act of 1956, reason to believe advocates, plans, sponsors, For an additional amount for ‘‘Salaries and section 10 of Public Law 91–672 (22 U.S.C. 2412), engages in, or has engaged in, terrorist ac- Expenses’’, $5,000,000, to remain available until section 504(a)(1) of the National Security Act of tivity. September 30, 2007: Provided, That the amount 1947 (50 U.S.C. 414(a)(1)) and section 313 of the øSEC. 3013. None of the funds made avail- provided under this heading is designated as an Foreign Relations Authorization Act, Fiscal able by this Act may be used to prohibit reg- emergency requirement pursuant to section 402 Years 1994 and 1995 (Public Law 103–236). istered and legal, but displaced, residents of of H. Con. Res. 95 (109th Congress), the concur- CHAPTER 3 the Gulf Coast region from the right to le- rent resolution on the budget for fiscal year DEPARTMENT OF DEFENSE—MILITARY gally vote in any officially designated elec- 2006. MILITARY PERSONNEL tion of the Gulf Coast region. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND ø SEC. 3014. None of the funds made avail- EXPLOSIVES MILITARY PERSONNEL, ARMY able in this Act may be used by the Govern- SALARIES AND EXPENSES For an additional amount for ‘‘Military Per- ment of the United States to enter into a sonnel, Army’’, $6,665,284,000: Provided, That basing rights agreement between the United For an additional amount for ‘‘Salaries and Expenses’’, $4,000,000, to remain available until the amount provided under this heading is des- States and Iraq. ignated as an emergency requirement pursuant ø September 30, 2007: Provided, That the amount This Act may be cited as the ‘‘Emergency to section 402 of H. Con. Res. 95 (109th Con- Supplemental Appropriations Act for De- provided under this heading is designated as an emergency requirement pursuant to section 402 gress), the concurrent resolution on the budget fense, the Global War on Terror, and Hurri- for fiscal year 2006. cane Recovery, 2006’’.¿ of H. Con. Res. 95 (109th Congress), the concur- That the following sums are appropriated, out rent resolution on the budget for fiscal year MILITARY PERSONNEL, NAVY of any money in the Treasury not otherwise ap- 2006. For an additional amount for ‘‘Military Per- propriated, for the fiscal year ending September DEPARTMENT OF STATE AND RELATED sonnel, Navy’’, $1,071,474,000: Provided, That 30, 2006, and for other purposes, namely: AGENCY the amount provided under this heading is des- TITLE I DEPARTMENT OF STATE ignated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Con- ADMINISTRATION OF FOREIGN AFFAIRS GLOBAL WAR ON TERROR SUPPLEMENTAL gress), the concurrent resolution on the budget APPROPRIATIONS DIPLOMATIC AND CONSULAR PROGRAMS for fiscal year 2006. CHAPTER 1 For an additional amount for ‘‘Diplomatic MILITARY PERSONNEL, MARINE CORPS DEPARTMENT OF AGRICULTURE and Consular Programs’’, $1,452,600,000, to re- main available until September 30, 2007: Pro- For an additional amount for ‘‘Military Per- FOREIGN AGRICULTURAL SERVICE vided, That the amount provided under this sonnel, Marine Corps’’, $860,872,000: Provided, PUBLIC LAW 480 TITLE II GRANTS heading is designated as an emergency require- That the amount provided under this heading is For an additional amount for ‘‘Public Law ment pursuant to section 402 of H. Con. Res. 95 designated as an emergency requirement pursu- 480 Title II Grants’’, during the current fiscal (109th Congress), the concurrent resolution on ant to section 402 of H. Con. Res. 95 (109th Con- year, not otherwise recoverable, and unre- the budget for fiscal year 2006. gress), the concurrent resolution on the budget for fiscal year 2006. covered prior years’ costs, including interest OFFICE OF INSPECTOR GENERAL thereon, under the Agricultural Trade Develop- MILITARY PERSONNEL, AIR FORCE (INCLUDING TRANSFER OF FUNDS) ment and Assistance Act of 1954, for commod- For an additional amount for ‘‘Military Per- ities supplied in connection with dispositions For an additional amount for ‘‘Office of In- spector General’’, $25,300,000, to remain avail- sonnel, Air Force’’, $1,195,713,000: Provided, abroad under title II of said Act, $350,000,000, to That the amount provided under this heading is remain available until expended: Provided, That able until September 30, 2007, of which $24,000,000 shall be transferred to the Special In- designated as an emergency requirement pursu- from this amount, to the maximum extent pos- ant to section 402 of H. Con. Res. 95 (109th Con- sible, funding shall be used to support the pre- spector General for Iraq Reconstruction: Pro- vided, That the amounts provided under this gress), the concurrent resolution on the budget viously approved fiscal year 2006 programs for fiscal year 2006. under section 204(a)(2) of the Agricultural Trade heading are designated as an emergency re- RESERVE PERSONNEL, ARMY Development and Assistance Act of 1954: Pro- quirement pursuant to section 402 of H. Con. vided further, That the amount provided under Res. 95 (109th Congress), the concurrent resolu- For an additional amount for ‘‘Reserve Per- this heading is designated as an emergency re- tion on the budget for fiscal year 2006. sonnel, Army’’, $150,570,000: Provided, That the quirement pursuant to section 402 of H. Con. EDUCATIONAL AND CULTURAL EXCHANGE amount provided under this heading is des- Res. 95 (109th Congress), the concurrent resolu- PROGRAMS ignated as an emergency requirement pursuant tion on the budget for fiscal year 2006. For an additional amount for ‘‘Educational to section 402 of H. Con. Res. 95 (109th Con- gress), the concurrent resolution on the budget CHAPTER 2 and Cultural Exchange Programs’’, $5,000,000, for fiscal year 2006. DEPARTMENT OF JUSTICE to remain available until expended: Provided, That the amount provided under this heading is RESERVE PERSONNEL, NAVY LEGAL ACTIVITIES designated as an emergency requirement pursu- For an additional amount for ‘‘Reserve Per- SALARIES AND EXPENSES, UNITED STATES ant to section 402 of H. Con. Res. 95 (109th Con- sonnel, Navy’’, $115,712,000: Provided, That the ATTORNEYS gress), the concurrent resolution on the budget amount provided under this heading is des- For an additional amount for ‘‘Salaries and for fiscal year 2006. ignated as an emergency requirement pursuant Expenses’’, $3,000,000, to remain available until INTERNATIONAL ORGANIZATIONS to section 402 of H. Con. Res. 95 (109th Con- September 30, 2007: Provided, That the amount gress), the concurrent resolution on the budget CONTRIBUTIONS FOR INTERNATIONAL provided under this heading is designated as an for fiscal year 2006. PEACEKEEPING ACTIVITIES emergency requirement pursuant to section 402 RESERVE PERSONNEL, MARINE CORPS of H. Con. Res. 95 (109th Congress), the concur- For an additional amount for ‘‘Contributions rent resolution on the budget for fiscal year for International Peacekeeping Activities’’, For an additional amount for ‘‘Reserve Per- 2006. $69,800,000, to remain available until September sonnel, Marine Corps’’, $13,192,000: Provided, 30, 2007: Provided, That the amount provided That the amount provided under this heading is UNITED STATES MARSHALS SERVICE under this heading is designated as an emer- designated as an emergency requirement pursu- SALARIES AND EXPENSES gency requirement pursuant to section 402 of H. ant to section 402 of H. Con. Res. 95 (109th Con- For an additional amount for ‘‘Salaries and Con. Res. 95 (109th Congress), the concurrent gress), the concurrent resolution on the budget Expenses’’, $1,500,000, to remain available until resolution on the budget for fiscal year 2006. for fiscal year 2006.

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RESERVE PERSONNEL, AIR FORCE congressional committees: Provided further, authority to provide assistance to foreign na- For an additional amount for ‘‘Reserve Per- That the Secretary of Defense shall provide tions: Provided further, That the Secretary of sonnel, Air Force’’, $3,440,000: Provided, That quarterly reports to the congressional defense Defense may transfer such funds to appropria- the amount provided under this heading is des- committees on the use of funds provided in this tions for military personnel; operation and ignated as an emergency requirement pursuant paragraph; maintenance; Overseas Humanitarian, Disaster, to section 402 of H. Con. Res. 95 (109th Con- (3) not to exceed $36,500,000 for Cooperative and Civic Aid; procurement; research, develop- gress), the concurrent resolution on the budget Threat Reduction; and ment, test and evaluation; and defense working for fiscal year 2006. (4) $75,000,000 shall be transferred to the Coast capital funds to accomplish the purposes pro- Guard ‘‘Operating Expenses’’ account: vided herein: Provided further, That this trans- NATIONAL GUARD PERSONNEL, ARMY Provided, That the amount provided under this fer authority is in addition to any other transfer For an additional amount for ‘‘National heading is designated as an emergency require- authority available to the Department of De- Guard Personnel, Army’’, $121,550,000: Provided, ment pursuant to section 402 of H. Con. Res. 95 fense: Provided further, That upon a determina- That the amount provided under this heading is (109th Congress), the concurrent resolution on tion that all or part of the funds so transferred designated as an emergency requirement pursu- the budget for fiscal year 2006. from this appropriation are not necessary for ant to section 402 of H. Con. Res. 95 (109th Con- OPERATION AND MAINTENANCE, ARMY RESERVE the purposes provided herein, such amounts gress), the concurrent resolution on the budget may be transferred back to this appropriation: for fiscal year 2006. For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $100,100,000: Pro- Provided further, That contributions of funds NATIONAL GUARD PERSONNEL, AIR FORCE vided, That the amount provided under this for the purposes provided herein from any per- For an additional amount for ‘‘National heading is designated as an emergency require- son, foreign government, or international orga- Guard Personnel, Air Force’’, $6,200,000: Pro- ment pursuant to section 402 of H. Con. Res. 95 nization may be credited to this Fund, and used vided, That the amount provided under this (109th Congress), the concurrent resolution on for such purposes: Provided further, That the heading is designated as an emergency require- the budget for fiscal year 2006. Secretary shall notify the congressional defense ment pursuant to section 402 of H. Con. Res. 95 committees in writing upon the receipt and upon (109th Congress), the concurrent resolution on OPERATION AND MAINTENANCE, NAVY RESERVE the transfer of any contribution, delineating the the budget for fiscal year 2006. For an additional amount for ‘‘Operation and sources and amounts of the funds received and OPERATION AND MAINTENANCE Maintenance, Navy Reserve’’, $236,509,000: Pro- the specific use of such contributions: Provided vided, That the amount provided under this further, That the Secretary of Defense shall, not OPERATION AND MAINTENANCE, ARMY heading is designated as an emergency require- fewer than five days prior to making transfers For an additional amount for ‘‘Operation and ment pursuant to section 402 of H. Con. Res. 95 from this appropriation account, notify the con- Maintenance, Army’’, $17,594,410,000: Provided, (109th Congress), the concurrent resolution on gressional defense committees in writing of the That the amount provided under this heading is the budget for fiscal year 2006. details of any such transfer: Provided further, designated as an emergency requirement pursu- OPERATION AND MAINTENANCE, MARINE CORPS That the Secretary shall submit a report no later ant to section 402 of H. Con. Res. 95 (109th Con- RESERVE than 30 days after the end of each fiscal quarter gress), the concurrent resolution on the budget to the congressional defense committees summa- for fiscal year 2006. For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, rizing the details of the transfer of funds from OPERATION AND MAINTENANCE, NAVY $87,875,000: Provided, That the amount provided this appropriation: Provided further, That the For an additional amount for ‘‘Operation and under this heading is designated as an emer- amount provided under this heading is des- Maintenance, Navy’’, $2,826,693,000: Provided, gency requirement pursuant to section 402 of H. ignated as an emergency requirement pursuant That the amount provided under this heading is Con. Res. 95 (109th Congress), the concurrent to section 402 of H. Con. Res. 95 (109th Con- designated as an emergency requirement pursu- resolution on the budget for fiscal year 2006. gress), the concurrent resolution on the budget ant to section 402 of H. Con. Res. 95 (109th Con- for fiscal year 2006. OPERATION AND MAINTENANCE, AIR FORCE gress), the concurrent resolution on the budget RESERVE IRAQ SECURITY FORCES FUND for fiscal year 2006. For an additional amount for ‘‘Operation and OPERATION AND MAINTENANCE, MARINE CORPS (INCLUDING TRANSFER OF FUNDS) Maintenance, Air Force Reserve’’, $18,563,000: For the ‘‘Iraq Security Forces Fund’’, For an additional amount for ‘‘Operation and Provided, That the amount provided under this $3,703,000,000, to remain available until Sep- Maintenance, Marine Corps’’, $1,589,911,000: heading is designated as an emergency require- tember 30, 2007: Provided, That such funds shall Provided, That the amount provided under this ment pursuant to section 402 of H. Con. Res. 95 be available to the Secretary of Defense, not- heading is designated as an emergency require- (109th Congress), the concurrent resolution on withstanding any other provision of law, for the ment pursuant to section 402 of H. Con. Res. 95 the budget for fiscal year 2006. (109th Congress), the concurrent resolution on purpose of allowing the Commander, Multi-Na- OPERATION AND MAINTENANCE, ARMY NATIONAL the budget for fiscal year 2006. tional Security Transition Command—Iraq, or GUARD OPERATION AND MAINTENANCE, AIR FORCE the Secretary’s designee, to provide assistance, For an additional amount for ‘‘Operation and with the concurrence of the Secretary of State, For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, to the security forces of Iraq, including the pro- Maintenance, Air Force’’, $6,057,408,000: Pro- $178,600,000: Provided, That the amount pro- vision of equipment, supplies, services, training, vided, That the amount provided under this vided under this heading is designated as an facility and infrastructure repair, renovation, heading is designated as an emergency require- emergency requirement pursuant to section 402 and construction, and funding: Provided fur- ment pursuant to section 402 of H. Con. Res. 95 of H. Con. Res. 95 (109th Congress), the concur- ther, That the authority to provide assistance (109th Congress), the concurrent resolution on rent resolution on the budget for fiscal year under this section is in addition to any other the budget for fiscal year 2006. 2006. authority to provide assistance to foreign na- OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATION AND MAINTENANCE, AIR NATIONAL tions: Provided further, That the Secretary of (INCLUDING TRANSFER OF FUNDS) GUARD Defense may transfer such funds to appropria- For an additional amount for ‘‘Operation and For an additional amount for ‘‘Operation and tions for military personnel; operation and Maintenance, Defense-Wide’’, $2,879,899,000, of Maintenance, Air National Guard’’, $30,400,000: maintenance; Overseas Humanitarian, Disaster, which— Provided, That the amount provided under this and Civic Aid; procurement; research, develop- (1) not to exceed $25,000,000 may be used for heading is designated as an emergency require- ment, test and evaluation; and defense working the Combatant Commander Initiative Fund, to ment pursuant to section 402 of H. Con. Res. 95 capital funds to accomplish the purposes pro- be used in support of Operation Iraqi Freedom (109th Congress), the concurrent resolution on vided herein: Provided further, That this trans- and Operation Enduring Freedom; the budget for fiscal year 2006. fer authority is in addition to any other transfer (2) not to exceed $740,000,000, to remain avail- authority available to the Department of De- able until expended, may be used for payments AFGHANISTAN SECURITY FORCES FUND fense: Provided further, That upon a determina- to reimburse Pakistan, Jordan, and other key (INCLUDING TRANSFER OF FUNDS) tion that all or part of the funds so transferred cooperating nations, for logistical, military, and For the ‘‘Afghanistan Security Forces Fund’’, from this appropriation are not necessary for other support provided, or to be provided, to $1,908,133,000, to remain available until Sep- the purposes provided herein, such amounts United States military operations, notwith- tember 30, 2007: Provided, That such funds shall may be transferred back to this appropriation: standing any other provision of law: Provided, be available to the Secretary of Defense, not- Provided further, That contributions of funds That such payments may be made in such withstanding any other provision of law, for the for the purposes provided herein from any per- amounts as the Secretary of Defense, with the purpose of allowing the Commander, Office of son, foreign government, or international orga- concurrence of the Secretary of State, and in Security Cooperation—Afghanistan, or the Sec- nization may be credited to this Fund, and used consultation with the Director of the Office of retary’s designee, to provide assistance, with the for such purposes: Provided further, That the Management and Budget, may determine, in his concurrence of the Secretary of State, to the se- Secretary shall notify the congressional defense discretion, based on documentation determined curity forces of Afghanistan, including the pro- committees in writing upon the receipt and upon by the Secretary of Defense to adequately ac- vision of equipment, supplies, services, training, the transfer of any contribution, delineating the count for the support provided, and such deter- facility and infrastructure repair, renovation, sources and amounts of the funds received and mination is final and conclusive upon the ac- and construction, and funding: Provided fur- the specific use of such contributions: Provided counting officers of the United States, and 15 ther, That the authority to provide assistance further, That the Secretary of Defense shall, not days following notification to the appropriate under this section is in addition to any other fewer than five days prior to making transfers

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3456 CONGRESSIONAL RECORD — SENATE April 25, 2006 from this appropriation account, notify the con- amount provided under this heading is des- available until September 30, 2008: Provided, gressional defense committees in writing of the ignated as an emergency requirement pursuant That the amount provided under this heading is details of any such transfer: Provided further, to section 402 of H. Con. Res. 95 (109th Con- designated as an emergency requirement pursu- That the Secretary shall submit a report no later gress), the concurrent resolution on the budget ant to section 402 of H. Con. Res. 95 (109th Con- than 30 days after the end of each fiscal quarter for fiscal year 2006. gress), the concurrent resolution on the budget to the congressional defense committees summa- PROCUREMENT OF WEAPONS AND TRACKED for fiscal year 2006. rizing the details of the transfer of funds from COMBAT VEHICLES, ARMY PROCUREMENT OF AMMUNITION, AIR FORCE this appropriation: Provided further, That the For an additional amount for ‘‘Procurement For an additional amount for ‘‘Procurement amount provided under this heading is des- of Weapons and Tracked Combat Vehicles, of Ammunition, Air Force’’, $29,047,000 to re- ignated as an emergency requirement pursuant Army’’, $1,592,451,000, to remain available until main available until September 30, 2008: Pro- to section 402 of H. Con. Res. 95 (109th Con- September 30, 2008: Provided, That the amount vided, That the amount provided under this gress), the concurrent resolution on the budget provided under this heading is designated as an heading is designated as an emergency require- for fiscal year 2006. emergency requirement pursuant to section 402 ment pursuant to section 402 of H. Con. Res. 95 IRAQ FREEDOM FUND of H. Con. Res. 95 (109th Congress), the concur- (109th Congress), the concurrent resolution on (INCLUDING TRANSFER OF FUNDS) rent resolution on the budget for fiscal year the budget for fiscal year 2006. For an additional amount for ‘‘Iraq Freedom 2006. OTHER PROCUREMENT, AIR FORCE Fund’’, $25,000,000, to remain available for PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Other Procure- ment, Air Force’’, $1,452,651,000, to remain transfer until September 30, 2007: Provided, For an additional amount for ‘‘Procurement available until September 30, 2008: Provided, That the amount provided under this heading is of Ammunition, Army’’, $829,679,000, to remain That the amount provided under this heading is designated as an emergency requirement pursu- available until September 30, 2008: Provided, designated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th Con- That the amount provided under this heading is ant to section 402 of H. Con. Res. 95 (109th Con- gress), the concurrent resolution on the budget designated as an emergency requirement pursu- gress), the concurrent resolution on the budget for fiscal year 2006. ant to section 402 of H. Con. Res. 95 (109th Con- for fiscal year 2006. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT gress), the concurrent resolution on the budget FUND for fiscal year 2006. PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, (INCLUDING TRANSFER OF FUNDS) OTHER PROCUREMENT, ARMY Defense-Wide’’, $331,353,000, to remain available For the ‘‘Joint Improvised Explosive Device For an additional amount for ‘‘Other Procure- until September 30, 2008: Provided, That the Defeat Fund’’, $1,958,089,000, to remain avail- ment, Army’’, $6,286,145,000, to remain available amount provided under this heading is des- able until September 30, 2008: Provided, That until September 30, 2008: Provided, That the ignated as an emergency requirement pursuant such funds shall be available to the Secretary of amount provided under this heading is des- to section 402 of H. Con. Res. 95 (109th Con- Defense, notwithstanding any other provision of ignated as an emergency requirement pursuant gress), the concurrent resolution on the budget law, for the purpose of allowing the Director of to section 402 of H. Con. Res. 95 (109th Con- for fiscal year 2006. the Joint Improvised Explosive Device Defeat gress), the concurrent resolution on the budget RESEARCH, DEVELOPMENT, TEST AND Organization to investigate, develop and provide for fiscal year 2006. equipment, supplies, services, training, facilities, EVALUATION AIRCRAFT PROCUREMENT, NAVY personnel and funds to assist U.S. forces in the RESEARCH, DEVELOPMENT, TEST AND defeat of improvised explosive devices: Provided For an additional amount for ‘‘Aircraft Pro- EVALUATION, ARMY further, That within 90 days of the enactment of curement, Navy’’, $412,169,000, to remain avail- For an additional amount for ‘‘Research, De- this Act, a plan for the intended management able until September 30, 2008: Provided, That the velopment, Test and Evaluation, Army’’, and use of the Fund is provided to the congres- amount provided under this heading is des- $54,700,000, to remain available until September sional defense committees: Provided further, ignated as an emergency requirement pursuant 30, 2007: Provided, That the amount provided That the Secretary of Defense shall submit a re- to section 402 of H. Con. Res. 95 (109th Con- under this heading is designated as an emer- port not later than 30 days after the end of each gress), the concurrent resolution on the budget gency requirement pursuant to section 402 of H. fiscal quarter to the congressional defense com- for fiscal year 2006. Con. Res. 95 (109th Congress), the concurrent mittees providing assessments of the evolving WEAPONS PROCUREMENT, NAVY resolution on the budget for fiscal year 2006. threats, individual service requirements to For an additional amount for ‘‘Weapons Pro- RESEARCH, DEVELOPMENT, TEST AND counter the threats, and details on the execu- curement, Navy’’, $63,351,000, to remain avail- EVALUATION, NAVY tion of this Fund: Provided further, That the able until September 30, 2008: Provided, That the For an additional amount for ‘‘Research, De- Secretary of Defense may transfer funds pro- amount provided under this heading is des- velopment, Test and Evaluation, Navy’’, vided herein to appropriations for military per- ignated as an emergency requirement pursuant $124,845,000, to remain available until September sonnel; operation and maintenance; procure- to section 402 of H. Con. Res. 95 (109th Con- 30, 2007: Provided, That the amount provided ment; research, development, test and evalua- gress), the concurrent resolution on the budget under this heading is designated as an emer- tion; and defense working capital funds to ac- for fiscal year 2006. gency requirement pursuant to section 402 of H. complish the purpose provided herein: Provided Con. Res. 95 (109th Congress), the concurrent PROCUREMENT OF AMMUNITION, NAVY AND further, That this transfer authority is in addi- resolution on the budget for fiscal year 2006. MARINE CORPS tion to any other transfer authority available to RESEARCH, DEVELOPMENT, TEST AND For an additional amount for ‘‘Procurement the Department of Defense: Provided further, EVALUATION, AIR FORCE of Ammunition, Navy and Marine Corps’’, That upon determination that all or part of the For an additional amount for ‘‘Research, De- funds so transferred from this appropriation are $327,126,000, to remain available until September 30, 2008: Provided, That the amount provided velopment, Test and Evaluation, Air Force’’, not necessary for the purpose provided herein, $382,630,000, to remain available until September such amounts may be transferred back to this under this heading is designated as an emer- gency requirement pursuant to section 402 of H. 30, 2007: Provided, That the amount provided appropriation: Provided further, That the Sec- under this heading is designated as an emer- retary of Defense shall, not fewer than 5 days Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. gency requirement pursuant to section 402 of H. prior to making transfers from this appropria- Con. Res. 95 (109th Congress), the concurrent THER PROCUREMENT, NAVY tion, notify the congressional defense commit- O resolution on the budget for fiscal year 2006. tees in writing of the details of any such trans- For an additional amount for ‘‘Other Procure- RESEARCH, DEVELOPMENT, TEST AND fer: Provided further, That the amount provided ment, Navy’’, $140,144,000, to remain available EVALUATION, DEFENSE-WIDE under this heading is designated as an emer- until September 30, 2008: Provided, That the For an additional amount for ‘‘Research, De- gency requirement pursuant to section 402 of H. amount provided under this heading is des- velopment, Test and Evaluation, Defense- Con. Res. 95 (109th Congress), the concurrent ignated as an emergency requirement pursuant Wide’’, $148,551,000, to remain available until resolution on the budget for fiscal year 2006. to section 402 of H. Con. Res. 95 (109th Con- September 30, 2007: Provided, That the amount PROCUREMENT gress), the concurrent resolution on the budget provided under this heading is designated as an for fiscal year 2006. AIRCRAFT PROCUREMENT, ARMY emergency requirement pursuant to section 402 For an additional amount for ‘‘Aircraft Pro- PROCUREMENT, MARINE CORPS of H. Con. Res. 95 (109th Congress), the concur- curement, Army’’, $533,200,000, to remain avail- For an additional amount for ‘‘Procurement, rent resolution on the budget for fiscal year able until September 30, 2008: Provided, That the Marine Corps’’, $2,576,467,000, to remain avail- 2006. amount provided under this heading is des- able until September 30, 2008: Provided, That the REVOLVING AND MANAGEMENT FUNDS ignated as an emergency requirement pursuant amount provided under this heading is des- DEFENSE WORKING CAPITAL FUNDS to section 402 of H. Con. Res. 95 (109th Con- ignated as an emergency requirement pursuant For an additional amount for ‘‘Defense Work- gress), the concurrent resolution on the budget to section 402 of H. Con. Res. 95 (109th Con- ing Capital Funds’’, $516,700,000: Provided, for fiscal year 2006. gress), the concurrent resolution on the budget That the amount provided under this heading is for fiscal year 2006. MISSILE PROCUREMENT, ARMY designated as an emergency requirement pursu- For an additional amount for ‘‘Missile Pro- AIRCRAFT PROCUREMENT, AIR FORCE ant to section 402 of H. Con. Res. 95 (109th Con- curement, Army’’, $203,300,000, to remain avail- For an additional amount for ‘‘Aircraft Pro- gress), the concurrent resolution on the budget able until September 30, 2008: Provided, That the curement, Air Force’’, $679,515,000, to remain for fiscal year 2006.

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OTHER DEPARTMENT OF DEFENSE GENERAL TRANSFER AUTHORITY SUPERVISION AND ADMINISTRATION COSTS OF PROGRAMS (TRANSFER OF FUNDS) CONSTRUCTION PROJECTS DEFENSE HEALTH PROGRAM SEC. 1302. Section 8005 of the Department of SEC. 1308. Supervision and administration For an additional amount for ‘‘Defense Defense Appropriations Act, 2006, (Public Law costs associated with a construction project Health Program’’, $1,153,562,000 for operation 109–148; 119 Stat. 2680), is amended by striking funded with Afghan Security Forces Fund or and maintenance: Provided, That the amount ‘‘$3,750,000,000’’ and inserting ‘‘$4,350,000,000’’: Iraq Security Forces Fund appropriations may provided under this heading is designated as an Provided, That the amount made available by be obligated at the time a construction contract emergency requirement pursuant to section 402 the transfer of funds in or pursuant to this sec- is awarded: Provided, That for the purpose of of H. Con. Res. 95 (109th Congress), the concur- tion is designated as an emergency requirement this section, supervision and administration rent resolution on the budget for fiscal year pursuant to section 402 of H. Con. Res. 95 (109th costs include all in-house Government costs. 2006. Congress), the concurrent resolution on the PROHIBITION OF NEW START PROGRAMS DRUG INTERDICTION AND COUNTER-DRUG budget for fiscal year 2006. SEC. 1309. None of the funds provided in this ACTIVITIES DEFENSE COOPERATION ACCOUNT chapter may be used to finance programs or ac- tivities denied by Congress in fiscal year 2005 (INCLUDING TRANSFER OF FUNDS) (TRANSFER OF FUNDS) and 2006 appropriations to the Department of For an additional amount for ‘‘Drug Interdic- SEC. 1303. During fiscal year 2006 and from Defense or to initiate a procurement or research, tion and Counter-Drug Activities’’, $154,596,000, funds in the Defense Cooperation Account, the development, test and evaluation new start pro- to remain available until expended: Provided, Secretary of Defense may transfer not to exceed gram without prior written notification to the That these funds may be used only for such ac- $5,800,000 to such appropriations or funds of the congressional defense committees. tivities related to Afghanistan and the Central Department of Defense as he shall determine for Asia area: Provided further, That the Secretary use consistent with the purposes for which such RETROACTIVE PAYMENT OF ADDITIONAL DEATH of Defense may transfer such funds only to ap- funds were contributed and accepted: Provided, GRATUITY propriations for military personnel; operation That such amounts shall be available for the SEC. 1310. (a) Effective as of January 6, 2006, and maintenance; procurement; and research, same time period as the appropriation to which and as if included in the enactment of the Na- development, test and evaluation: Provided fur- transferred: Provided further, That the amount tional Defense Authorization Act for Fiscal ther, That the funds transferred shall be merged made available by the transfer of funds in or Year 2006 (Public Law 109–163), subsection with and be available for the same purposes and pursuant to this section is designated as an (d)(2) of section 1478 of title 10, United States for the same time period as the appropriation to emergency requirement pursuant to section 402 Code, as added by section 664(b) of such Act (119 which transferred: Provided further, That the of H. Con. Res. 95 (109th Congress), the concur- Stat. 3316), is amended by striking ‘‘May 11, transfer authority provided in this paragraph is rent resolution on the budget for fiscal year 2005’’ and inserting ‘‘August 31, 2005’’. in addition to any other transfer authority 2006. (b) AVAILABILITY OF FUNDS.—Of the amounts available to the Department of Defense: Pro- U.S. CONTRIBUTIONS TO NATO appropriated or otherwise made available by this chapter for military personnel, an aggregate vided further, That upon a determination that SEC. 1304. Section 1005(c)(2) of the National of $48,750,000 shall be available for the retro- all or part of the funds transferred from this ap- Defense Authorization Act, Fiscal Year 2006 active payment of death gratuity with respect to propriation are not necessary for the purposes (Public Law 109–163) is amended by striking members of the Armed Forces as a result of the provided herein, such amounts may be trans- ‘‘$289,447,000’’ and inserting ‘‘$345,547,000’’. amendment made by subsection (a). ferred back to this appropriation: Provided fur- COUNTER-DRUG ACTIVITIES VOTING ASSISTANCE ther, That the amount provided under this SEC. 1305. (a) AUTHORITY TO PROVIDE SUP- SEC. 1311. (a) Congress recognizes the impor- heading is designated as an emergency require- PORT.—Of the amount appropriated by this Act tance of ensuring that absent uniformed services ment pursuant to section 402 of H. Con. Res. 95 under the heading, ‘‘Drug Interdiction and voters, Department of Defense personnel, and (109th Congress), the concurrent resolution on Counter-Drug Activities, Defense’’, not to ex- their dependents have the opportunity to exer- the budget for fiscal year 2006. ceed $23,100,000 may be made available for sup- cise their right to vote. OFFICE OF THE INSPECTOR GENERAL port for counter-drug activities of the Govern- (b) IVAS BALLOT REQUEST PROGRAM.— ments of Afghanistan, Pakistan, and For an additional amount for ‘‘Office of the (1) The Interim Voting Assistance System Kyrgyzstan: Provided, That such support shall Inspector General’’, $1,815,000: Provided, That (IVAS) Ballot Request Program shall be contin- be in addition to support provided for the the amount provided under this heading is des- ued with respect to all Department of Defense counter-drug activities of such Governments ignated as an emergency requirement pursuant personnel, and their families, covered by the under any other provision of the law. to section 402 of H. Con. Res. 95 (109th Con- Uniformed and Overseas Citizens Absentee Vot- (b) TYPES OF SUPPORT.— gress), the concurrent resolution on the budget ing Act (42 U.S.C. 1973ff et seq.). (1) Except as specified in subsections (b)(2) for fiscal year 2006. (2) Not later than 90 days after the date of the and (b)(3) of this section, the support that may OTHER INDEPENDENT AGENCY enactment of this Act, the Secretary shall sub- be provided under the authority in this section INTELLIGENCE COMMUNITY MANAGEMENT mit to the congressional defense committees a re- shall be limited to the types of support specified ACCOUNT port on the status of the program. in section 1033(c)(1) of the National Defense Au- (c) FUNDING.—Of the amounts provided by For an additional amount for the ‘‘Intel- thorization Act for Fiscal Year 1998 (Public Law this Act, $5,820,000 shall be available for the ligence Community Management Account’’, 105–85, as amended by Public Law 106–398 and program referred to in subsection (b). $158,875,000: Provided, That the amount pro- Public Law 108–136), and conditions on the pro- vided under this heading is designated as an vision of support as contained in section 1033 CHAPTER 4 emergency requirement pursuant to section 402 shall apply for fiscal year 2006. BILATERAL ECONOMIC ASSISTANCE of H. Con. Res. 95 (109th Congress), the concur- (2) The Secretary of Defense may transfer ve- FUNDS APPROPRIATED TO THE rent resolution on the budget for fiscal year hicles, aircraft, and detection, interception, PRESIDENT 2006. monitoring and testing equipment to said Gov- UNITED STATES AGENCY FOR INTERNATIONAL GENERAL PROVISIONS—THIS CHAPTER ernments for counter-drug activities. DEVELOPMENT SPECIAL TRANSFER AUTHORITY (3) For the Government of Afghanistan, the CHILD SURVIVAL AND HEALTH PROGRAMS FUND (TRANSFER OF FUNDS) Secretary of Defense may also provide indi- vidual and crew-served weapons, and ammuni- For an additional amount for ‘‘Child Survival SEC. 1301. Upon his determination that such and Health Programs Fund’’, $10,300,000, to re- action is necessary in the national interest, the tion for counter-drug security forces. ADVANCE BILLING main available until September 30, 2007: Pro- Secretary of Defense may transfer between ap- vided, That the amount provided under this propriations up to $2,000,000,000 of the funds SEC. 1306. Notwithstanding 10 U.S.C. 2208(l), the total amount of advance billings rendered or heading is designated as an emergency require- made available to the Department of Defense in ment pursuant to section 402 of H. Con. Res. 95 this chapter: Provided, That the Secretary shall imposed for all working capital funds of the De- partment of Defense in fiscal year 2006 shall not (109th Congress), the concurrent resolution on notify the Congress promptly of each transfer the budget for fiscal year 2006. made pursuant to this authority: Provided fur- exceed $1,200,000,000: Provided, That the DEVELOPMENT ASSISTANCE ther, That the transfer authority provided in amount provided under this heading is des- this section is in addition to any other transfer ignated as an emergency requirement pursuant For an additional amount for ‘‘Development authority available to the Department of De- to section 402 of H. Con. Res. 95 (109th Con- Assistance’’, $10,500,000, to remain available fense: Provided further, That the authority in gress), the concurrent resolution on the budget until September 30, 2007: Provided, That the this section is subject to the same terms and con- for fiscal year 2006. amount provided under this heading is des- ditions as the authority provided in section 8005 COMMANDER’S EMERGENCY RESPONSE PROGRAM ignated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Con- of the Department of Defense Appropriations SEC. 1307. In addition to amounts authorized Act, 2006, except for the fourth proviso: Pro- in section 1202(a) of Public Law 109–163, from gress), the concurrent resolution on the budget vided further, That the amount made available funds made available in this chapter to the De- for fiscal year 2006. by the transfer of funds in or pursuant to this partment of Defense, not to exceed $423,000,000 INTERNATIONAL DISASTER AND FAMINE section is designated as an emergency require- may be used to fund the Commander’s Emer- ASSISTANCE ment pursuant to section 402 of H. Con. Res. 95 gency Response Program and for a similar pro- (INCLUDING TRANSFER OF FUNDS) (109th Congress), the concurrent resolution on gram to assist the people of Afghanistan, to re- For an additional amount for ‘‘International the budget for fiscal year 2006. main available until December 31, 2007. Disaster and Famine Assistance’’, $136,290,000,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3458 CONGRESSIONAL RECORD — SENATE April 25, 2006 to remain available until expended, of which up vision of law and shall be administered by the (H) striking ‘‘$793,000,000’’ and inserting to $80,000 may be transferred to and merged Middle East Partnership Initiative: Provided ‘‘$739,000,000’’ for health care; with ‘‘Operating Expenses of the United States further, That the amount provided under this (I) striking ‘‘$845,000,000’’ and inserting Agency for International Development’’, for as- heading is designated as an emergency require- ‘‘$805,300,000’’ for private sector development; sociated administrative costs: Provided, That ment pursuant to section 402 of H. Con. Res. 95 and the amounts provided under this heading are (109th Congress), the concurrent resolution on (J) striking ‘‘$342,000,000’’ and inserting designated as an emergency requirement pursu- the budget for fiscal year 2006. ‘‘$410,000,000’’ for education, refugees, human ant to section 402 of H. Con. Res. 95 (109th Con- INTERNATIONAL NARCOTICS CONTROL AND LAW rights, and governance; and gress), the concurrent resolution on the budget ENFORCEMENT (2) inserting before the period the following: for fiscal year 2006. For an additional amount for ‘‘International ‘‘: Provided further, That amounts provided OPERATING EXPENSES OF THE UNITED STATES Narcotics Control and Law Enforcement’’, under this heading shall remain available for an AGENCY FOR INTERNATIONAL DEVELOPMENT $107,700,000, to remain available until September additional 4 years from the date on which the For an additional amount for ‘‘Operating Ex- 30, 2008: Provided, That the amount provided availability of such funds would otherwise have penses of the United States Agency for Inter- under this heading is designated as an emer- expired, if such funds are initially obligated be- national Development’’, $141,600,000, to remain gency requirement pursuant to section 402 of H. fore the expiration of the period of availability available until September 30, 2007: Provided, Con. Res. 95 (109th Congress), the concurrent provided herein, except that after such initial That the amount provided under this heading is resolution on the budget for fiscal year 2006. obligation any subsequent obligation may be designated as an emergency requirement pursu- MIGRATION AND REFUGEE ASSISTANCE made without regard to the sectoral limitations ant to section 402 of H. Con. Res. 95 (109th Con- set forth under this heading, as amended’’. gress), the concurrent resolution on the budget For an additional amount for ‘‘Migration and for fiscal year 2006. Refugee Assistance’’, $110,200,000, to remain ADMINISTRATIVE COSTS available until September 30, 2007: Provided, SEC. 1402. To the extent not otherwise author- OTHER BILATERAL ECONOMIC That the amount provided under this heading is ized, supervision and administrative costs of the ASSISTANCE designated as an emergency requirement pursu- Department of Defense associated with a con- ECONOMIC SUPPORT FUND ant to section 402 of H. Con. Res. 95 (109th Con- struction project funded with the Iraq Relief (INCLUDING TRANSFER OF FUNDS) gress), the concurrent resolution on the budget and Reconstruction Fund may be obligated at For an additional amount for ‘‘Economic Sup- for fiscal year 2006. the time a construction contract is awarded or, port Fund’’, $1,757,500,000, to remain available UNITED STATES EMERGENCY REFUGEE AND for pre-existing contracts, by September 30, 2006: until September 30, 2007, of which up to MIGRATION ASSISTANCE FUND Provided, That for the purposes of this section, $11,000,000 may be used for the costs, as defined For an additional amount for ‘‘United States supervision and administration costs include all in section 502 of the Congressional Budget Act Emergency Refugee and Migration Assistance in-house Government costs. of 1974, of modifying direct loans and guaran- Fund’’, $20,000,000, to remain available until AUTHORIZATION OF FUNDS tees for Afghanistan or otherwise of reducing September 30, 2007: Provided, That the amount any amounts owed to the United States or any provided under this heading is designated as an SEC. 1403. Funds appropriated or made avail- agency of the United States by Afghanistan: emergency requirement pursuant to section 402 able by transfer in this chapter may be obligated Provided, That such amounts for the costs of of H. Con. Res. 95 (109th Congress), the concur- and expended notwithstanding section 15 of the modifying direct loans and guarantees shall not rent resolution on the budget for fiscal year State Department Basic Authorities Act of 1956, be considered ‘‘assistance’’ for the purposes of 2006. section 10 of Public Law 91–672 (22 U.S.C. 2412), any provision of law limiting assistance to a DEPARTMENT OF THE TREASURY section 504(a)(1) of the National Security Act of country: Provided further, That the last proviso 1947 (50 U.S.C. 414(a)(1)) and section 313 of the under the heading ‘‘Economic Support Fund’’ in INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE Foreign Relations Authorization Act, Fiscal title II of Public Law 109–102 and comparable For an additional amount for ‘‘International Years 1994 and 1995 (Public Law 103–236). provisions in prior Acts making appropriations Affairs Technical Assistance’’, $13,000,000, to re- PALESTINIAN AUTHORITY for foreign operations, export financing, and re- main available until September 30, 2007: Pro- lated programs shall no longer be applicable to vided, That the amount provided under this SEC. 1404. Section 550 of Public Law 109–102 funds appropriated under such heading in this heading is designated as an emergency require- (119 Stat. 2217) is amended to read as follows: Act or any prior Act: Provided further, That of ment pursuant to section 402 of H. Con. Res. 95 ‘‘PROHIBITION ON ASSISTANCE FOR THE the funds available under this heading for as- (109th Congress), the concurrent resolution on PALESTINIAN AUTHORITY the budget for fiscal year 2006. sistance for Afghanistan, $5,000,000 shall be ‘‘SEC. 550. PROHIBITION ON ASSISTANCE.—None made available for agriculture and rural devel- MILITARY ASSISTANCE of the funds appropriated by this Act or any opment programs in Afghanistan to be adminis- FUNDS APPROPRIATED TO THE prior Act making appropriations for foreign op- tered through a national consortium of agri- PRESIDENT erations, export financing, and related pro- culture colleges and land-grant universities: PEACEKEEPING OPERATIONS grams, may be obligated or expended for assist- Provided further, That of the funds available For an additional amount for ‘‘Peacekeeping ance for the Palestinian Authority unless the under this heading for assistance for Iraq, not Secretary of State determines, and so reports to less than $75,000,000 shall be made available to Operations’’, $181,200,000, to remain available until September 30, 2007: Provided, That the the Committees on Appropriations, that the Pal- the United States Agency for International De- estinian Authority has— velopment for continued support for its Commu- amount provided under this heading is des- ‘‘(1) publicly acknowledged Israel’s right to nity Action Program in Iraq, of which not less ignated as an emergency requirement pursuant exist as a Jewish state; than $10,000,000 shall be transferred to and to section 402 of H. Con. Res. 95 (109th Con- merged with funds appropriated under the gress), the concurrent resolution on the budget ‘‘(2) renounced violence; and heading ‘‘Iraq Relief and Reconstruction Fund’’ for fiscal year 2006. ‘‘(3) accepted and is adhering to all previous in chapter 2 of title II of Public Law 108–106 and GENERAL PROVISIONS—THIS CHAPTER diplomatic Agreements and understandings with shall be made available for the Marla Ruzicka IRAQ RELIEF AND RECONSTRUCTION FUND the United States Government, the Government Iraqi War Victims Fund: Provided further, That SEC. 1401. Chapter 2 of title II of Public Law of Israel, and the international community.’’. funds made available under the previous proviso 108–106 (117 Stat. 1225–1226), as amended by (RESCISSION) shall be in addition to funds appropriated by Public Law 108–309 (118 Stat. 1142–1143), is fur- SEC. 1405. Of the funds appropriated under this Act that are available to the United States ther amended under the heading ‘‘Iraq Relief the heading ‘‘Subsidy Appropriation’’ for the Agency for International Development for Iraq: and Reconstruction Fund’’ by— Export-Import Bank of the United States that Provided further, That funds appropriated (1)(A) striking ‘‘$5,090,000,000’’ and inserting are available for tied-aid grants in title I of under this heading that are made available for ‘‘$5,036,000,000’’ for security and law enforce- Public Law 107–115 and under such heading in police and judicial reform in Haiti shall be sub- ment; prior Acts making appropriations for foreign op- ject to the regular notification procedures of the (B) striking ‘‘$1,960,000,000’’ and inserting erations, export financing, and related pro- Committees on Appropriations: Provided fur- ‘‘$2,349,800,000’’ for justice, public safety infra- grams, $13,200,000 are rescinded. ther, That the amounts provided under this structure, and civil society; heading are designated as an emergency re- (C) striking ‘‘$4,455,000,000’’ and inserting CHAPTER 5 ‘‘$4,220,000,000’’ for the electric sector; quirement pursuant to section 402 of H. Con. DEPARTMENT OF HOMELAND SECURITY Res. 95 (109th Congress), the concurrent resolu- (D) striking ‘‘$1,723,000,000’’ and inserting tion on the budget for fiscal year 2006. ‘‘$1,735,600,000’’ for oil infrastructure; UNITED STATES COAST GUARD (E) striking ‘‘$2,361,000,000’’ and inserting DEPARTMENT OF STATE ‘‘$2,131,100,000’’ for water resources and sanita- OPERATING EXPENSES DEMOCRACY FUND tion; For an additional amount for ‘‘Operating Ex- For an additional amount for ‘‘Democracy (F) striking ‘‘$500,000,000’’ and inserting penses’’, $26,692,000: Provided, That the amount Fund’’, $39,750,000, for programs and activities ‘‘$465,500,000’’ for transportation and tele- provided under this heading is designated as an promoting democracy in Iran, to remain avail- communications; emergency requirement pursuant to section 402 able until September 30, 2007: Provided, That (G) striking ‘‘$370,000,000’’ and inserting of H. Con. Res. 95 (109th Congress), the concur- funds appropriated under this heading shall be ‘‘$333,700,000’’ for roads, bridges, and construc- rent resolution on the budget for fiscal year made available notwithstanding any other pro- tion; 2006.

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CHAPTER 6 AGRICULTURAL RESEARCH SERVICE RURAL COMMUNITY ADVANCEMENT PROGRAM DEPARTMENT OF DEFENSE SALARIES AND EXPENSES For an additional amount for community fa- MILITARY CONSTRUCTION For an additional amount for ‘‘Salaries and cilities grants authorized under section 381E(d)(1) of the Consolidated Farm and Rural MILITARY CONSTRUCTION, ARMY Expenses’’, $15,600,000, to remain available until expended, for necessary expenses related to the Development Act, $150,000,000, to remain avail- For an additional amount for ‘‘Military Con- consequences of Hurricane Katrina and other able until expended, for necessary expenses re- struction, Army’’, $214,344,000, to remain avail- hurricanes of the 2005 season: Provided, That lated to the consequences of Hurricane Katrina able until September 30, 2010: Provided, That the amount provided under this heading is des- and other hurricanes of the 2005 season: Pro- such funds may be obligated and expended to ignated as an emergency requirement pursuant vided, That the amount provided under this carry out planning and design and military con- to section 402 of H. Con. Res. 95 (109th Con- heading is designated as an emergency require- struction projects not otherwise authorized by gress), the concurrent resolution on the budget ment pursuant to section 402 of H. Con. Res. 95 law: Provided further, That the amount pro- for fiscal year 2006. (109th Congress), the concurrent resolution on vided under this heading is designated as an the budget for fiscal year 2006. BUILDINGS AND FACILITIES emergency requirement pursuant to section 402 GENERAL PROVISIONS—THIS CHAPTER of H. Con. Res. 95 (109th Congress), the concur- For an additional amount for ‘‘Buildings and rent resolution on the budget for fiscal year Facilities’’, $20,000,000, to remain available until NATURAL RESOURCES CONSERVATION SERVICE— 2006. expended, for necessary expenses related to the COST SHARE REQUIREMENT consequences of Hurricane Katrina and other SEC. 2101. Notwithstanding any other provi- MILITARY CONSTRUCTION, AIR FORCE hurricanes of the 2005 season: Provided, That sion of law, in carrying out the provisions of For an additional amount for ‘‘Military Con- the amount provided under this heading is des- section 102 of chapter 1 of title I of division B of struction, Air Force’’, $28,200,000, to remain ignated as an emergency requirement pursuant Public Law 109–148 (119 Stat. 2748–2749), the available until September 30, 2010: Provided, to section 402 of H. Con. Res. 95 (109th Con- Secretary may provide financial and technical That such funds may be obligated or expended gress), the concurrent resolution on the budget assistance up to 100 percent Federal share: Pro- to carry out planning and design and military for fiscal year 2006. vided, That the amount provided under this sec- construction projects not otherwise authorized FARM SERVICE AGENCY tion is designated as an emergency requirement by law: Provided further, That the amount pro- pursuant to section 402 of H. Con. Res. 95 (109th vided under this heading is designated as an SALARIES AND EXPENSES Congress), the concurrent resolution on the emergency requirement pursuant to section 402 For an additional amount for ‘‘Salaries and budget for fiscal year 2006. of H. Con. Res. 95 (109th Congress), the concur- Expenses’’, $5,000,000, to remain available until NATURAL RESOURCES CONSERVATION SERVICE— rent resolution on the budget for fiscal year expended, for necessary expenses related to the VEHICLE DISPOSITION 2006. consequences of Hurricane Katrina and other SEC. 2102. Notwithstanding any other provi- hurricanes of the 2005 season: Provided, That MILITARY CONSTRUCTION, DEFENSE-WIDE sion of law, the Chief of the Natural Resources the amount provided under this heading is des- For an additional amount for ‘‘Military Con- Conservation Service (NRCS) may enter into ignated as an emergency requirement pursuant struction, Defense-Wide’’, $35,200,000, to remain agreements with organizations or State or local to section 402 of H. Con. Res. 95 (109th Con- available until September 30, 2010: Provided, units of government affected by Hurricane gress), the concurrent resolution on the budget That such funds may be obligated or expended Katrina and other hurricanes of the 2005 sea- for fiscal year 2006. to carry out planning and design and military son, that provide for NRCS to donate used vehi- construction projects not otherwise authorized EMERGENCY CONSERVATION PROGRAM cles to the organization or to the State or local by law: Provided further, That the amount pro- For an additional amount for the ‘‘Emergency unit of government. vided under this heading is designated as an Conservation Program’’, $32,547,000, to remain RURAL DEVELOPMENT—EMERGENCY AUTHORITIES available until expended, to provide assistance emergency requirement pursuant to section 402 SEC. 2103. The Secretary of Agriculture may of H. Con. Res. 95 (109th Congress), the concur- under the emergency conservation program es- continue to use any of the authorities provided rent resolution on the budget for fiscal year tablished under title IV of the Agricultural in section 105 of chapter 1 of title I of division 2006. Credit Act of 1978 (16 U.S.C. 2201 et seq.), for B of Public Law 109–148 (119 Stat. 2749–2750), CHAPTER 7 necessary expenses related to the consequences for a period not to exceed 24 additional months: of Hurricane Katrina and other hurricanes of DEPARTMENT OF THE TREASURY Provided, That the amount provided under this the 2005 season: Provided, That the amount pro- section is designated as an emergency require- DEPARTMENTAL OFFICES vided under this heading is designated as an ment pursuant to section 402 of H. Con. Res. 95 SALARIES AND EXPENSES emergency requirement pursuant to section 402 (109th Congress), the concurrent resolution on For an additional amount for ‘‘Salaries and of H. Con. Res. 95 (109th Congress), the concur- the budget for fiscal year 2006. rent resolution on the budget for fiscal year Expenses’’, $1,800,000, to remain available until FARM SERVICE AGENCY September 30, 2007: Provided, That the amount 2006. (TRANSFER OF FUNDS) provided under this heading is designated as an NATURAL RESOURCES CONSERVATION SERVICE SEC. 2104. Of the funds appropriated in sec- emergency requirement pursuant to section 402 EMERGENCY WATERSHED PROTECTION PROGRAM of H. Con. Res. 95 (109th Congress), the concur- tion 101(a) of chapter 1 of title I of division B of For an additional amount for ‘‘Emergency Public Law 109–148 (119 Stat. 2747), to provide rent resolution on the budget for fiscal year Watershed Protection Program’’, $165,000,000, to 2006. assistance under the emergency conservation remain available until expended, for emergency program established under title IV of the Agri- TITLE II measures in disaster areas affected by Hurricane cultural Credit Act of 1978 (16 U.S.C. 2201 et FURTHER HURRICANE DISASTER RELIEF Katrina and other hurricanes of the 2005 sea- seq.), $38,000,000 are transferred to the National AND RECOVERY son: Provided, That notwithstanding any other Oceanic and Atmospheric Administration in the CHAPTER 1 provision of law, the Secretary, acting through Department of Commerce for activities involving the Natural Resources Conservation Service, DEPARTMENT OF AGRICULTURE oysters: Provided, That the amount transferred using funds made available under this heading under this section is designated as an emergency EXECUTIVE OPERATIONS may provide financial and technical assistance requirement pursuant to section 402 of H. Con. WORKING CAPITAL FUND to remove and dispose of debris and animal car- Res. 95 (109th Congress), the concurrent resolu- For an additional amount for ‘‘Working Cap- casses that could adversely affect health and tion on the budget for fiscal year 2006. ital Fund’’, $25,000,000, to remain available safety on non-Federal land in a hurricane-af- FARM SERVICE AGENCY—EMERGENCY until expended, for necessary expenses related fected county: Provided further, That the CONSERVATION PROGRAM amount provided under this heading is des- to the consequences of Hurricane Katrina and SEC. 2105. Section 101(b) of chapter 1 of title I ignated as an emergency requirement pursuant other hurricanes of the 2005 season: Provided, of division B of Public Law 109–148 (119 Stat. to section 402 of H. Con. Res. 95 (109th Con- That the amount provided under this heading is 2747) is amended— gress), the concurrent resolution on the budget designated as an emergency requirement pursu- (1) in the heading, by striking ‘‘, Oyster,’’; for fiscal year 2006. ant to section 402 of H. Con. Res. 95 (109th Con- (2) in the matter preceding paragraph (1)— gress), the concurrent resolution on the budget RURAL DEVELOPMENT (A) by striking ‘‘, oyster,’’; and for fiscal year 2006. SALARIES AND EXPENSES (B) by striking ‘‘public and private oyster OFFICE OF THE INSPECTOR GENERAL For an additional amount for ‘‘Salaries and reefs or’’; For an additional amount for ‘‘Office of the Expenses’’, $1,000,000, to remain available until (3) in paragraph (3), by adding ‘‘and’’ at the Inspector General’’, $445,000, to remain avail- expended, for necessary expenses related to the end; able until September 30, 2007, for necessary ex- consequences of Hurricane Katrina and other (4) by striking paragraph (4); and penses related to the consequences of Hurricane hurricanes of the 2005 season for State Rural (5) by redesignating paragraph (5) as para- Katrina and other hurricanes of the 2005 sea- Development offices located in Mississippi and graph (4). son: Provided, That the amount provided under Louisiana: Provided, That the amount provided RURAL DEVELOPMENT—RURAL HOUSING this heading is designated as an emergency re- under this heading is designated as an emer- SEC. 2106. There is hereby appropriated, quirement pursuant to section 402 of H. Con. gency requirement pursuant to section 402 of H. $35,408,000, to remain available until expended, Res. 95 (109th Congress), the concurrent resolu- Con. Res. 95 (109th Congress), the concurrent for housing needs in the most impacted and dis- tion on the budget for fiscal year 2006. resolution on the budget for fiscal year 2006. tressed areas related to the consequences of

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3460 CONGRESSIONAL RECORD — SENATE April 25, 2006 Hurricane Katrina and other hurricanes of the under this heading is designated as an emer- from last year’s toxic red tide outbreak: Pro- 2005 season: Provided, That the Secretary of Ag- gency requirement pursuant to section 402 of H. vided further, That of the total amount appro- riculture shall allocate funds provided under Con. Res. 95 (109th Congress), the concurrent priated, $25,000,000 shall be provided to employ this section between the ‘‘Rural Housing Insur- resolution on the budget for fiscal year 2006: fishers and vessel owners in marine debris and ance Fund Program Account’’ and ‘‘Rural Provided further, That of the total amount ap- living marine resource assessment activities. Housing Assistance Grants’’ program: Provided propriated, $100,000,000 shall be for the National PROCUREMENT, ACQUISITION AND CONSTRUCTION further, That the Secretary make this allocation Marine Fisheries Service to provide technical as- For an additional amount for ‘‘Procurement, and prioritizes the funding of projects with such sistance to States and industry for oyster bed Acquisition and Construction’’ for necessary ex- funds within a State based on the priorities and shrimp ground rehabilitation, debris re- penses related to the consequences of Hurricane identified by the Governor of each State: Pro- moval and cleaning, and to prepare for spat fall Katrina and other hurricanes of the 2005 sea- vided further, That the amount provided under by planting sufficient amounts of cultch: Pro- son, $32,000,000, to remain available until ex- this section is designated as an emergency re- vided further, That of the total amount appro- pended: Provided, That the amount provided priated, $20,000,000 shall be provided to utilize quirement pursuant to section 402 of H. Con. under this heading is designated as an emer- the National Oceanic and Atmospheric Adminis- Res. 95 (109th Congress), the concurrent resolu- gency requirement pursuant to section 402 of H. tration’s expertise to assist in rebuilding coastal tion on the budget for fiscal year 2006. Con. Res. 95 (109th Congress), the concurrent communities, especially focusing on fisheries in- CHAPTER 2 resolution on the budget for fiscal year 2006. frastructure, zoning to mitigate against future DEPARTMENT OF JUSTICE catastrophes and natural disasters, and build- SCIENCE OFFICE OF THE INSPECTOR GENERAL ing standards for coastal structures: Provided NATIONAL AERONAUTICS AND SPACE SALARIES AND EXPENSES further, That of the total amount appropriated, ADMINISTRATION For an additional amount for ‘‘Salaries and $10,000,000 shall be provided to coordinate and EXPLORATION CAPABILITIES help implement planning efforts that will lead to Expenses’’ for necessary expenses related to the For an additional amount for ‘‘Exploration capacity and effort reductions in Federal and consequences of Hurricane Katrina and other Capabilities’’ for necessary expenses related to State waters: Provided further, That of the total hurricanes of the 2005 season, $500,000, to re- the consequences of Hurricane Katrina and amount appropriated, $15,000,000 shall be pro- main available until September 30, 2007: Pro- other hurricanes of the 2005 season, $35,000,000 vided to develop and implement a seafood pro- vided, That the amount provided under this shall be for the Stennis Space Center, to remain motion strategy for Gulf of Mexico fisheries: heading is designated as an emergency require- available until expended: Provided, That the ment pursuant to section 402 of H. Con. Res. 95 Provided further, That of the total amount ap- propriated, $15,000,000 shall be provided to insti- amount provided under this heading is des- (109th Congress), the concurrent resolution on ignated as an emergency requirement pursuant the budget for fiscal year 2006. tute job retraining programs for displaced fish- eries workers into alternative occupations: Pro- to section 402 of H. Con. Res. 95 (109th Con- LEGAL ACTIVITIES vided further, That of the total amount appro- gress), the concurrent resolution on the budget SALARIES AND EXPENSES, GENERAL LEGAL priated, $200,000,000 shall be provided to replace for fiscal year 2006. ACTIVITIES fishing gear damaged or lost in the hurricanes, RELATED AGENCY For an additional amount for ‘‘Salaries and and deploy advanced versions of turtle exclu- SMALL BUSINESS ADMINISTRATION Expenses’’ for necessary expenses related to the sion devices and by-catch reduction devices: DISASTER LOANS PROGRAM ACCOUNT consequences of Hurricane Katrina and other Provided further, That of the total amount ap- hurricanes of the 2005 season, $3,200,000, to re- propriated, $50,000,000 shall be provided to de- (INCLUDING TRANSFERS OF FUNDS) main available until September 30, 2007: Pro- velop temporary marine services centers to clus- For an additional amount for the ‘‘Disaster vided, That the amount provided under this ter docking facilities, fuel, ice and provisions, Loans Program Account’’ for the cost of direct heading is designated as an emergency require- offloading, processing and distribution and ma- loans authorized by section 7(b) of the Small ment pursuant to section 402 of H. Con. Res. 95 rine repair facilities for seafood industries: Pro- Business Act, $1,254,000,000, to remain available (109th Congress), the concurrent resolution on vided further, That of the total amount appro- until expended: Provided, That such costs, in- the budget for fiscal year 2006. priated, $300,000,000 shall be provided for re-de- cluding the cost of modifying such loans shall SALARIES AND EXPENSES, UNITED STATES velopment of marinas, piers, docks, wharves and be as defined in section 502 of the Congressional ATTORNEYS warehouses to support commercial and rec- Budget Act of 1974: Provided further, That up to For an additional amount for ‘‘Salaries and reational fishing, and especially investments in $190,000,000 may be transferred to and merged Expenses’’ for necessary expenses related to the public facilities supporting working waterfronts: with ‘‘Salaries and Expenses’’ for administrative consequences of Hurricane Katrina and other Provided further, That of the total amount ap- expenses to carry out the disaster loan program: propriated, $50,000,000 shall be provided for hurricanes of the 2005 season, $6,500,000, to re- Provided further, That none of the funds pro- planning and support for fishing-related marine main available until September 30, 2007: Pro- vided under this heading may be used for indi- industrial parks to cluster processing and ma- vided, That the amount provided under this rect administrative expenses: Provided further, rine support businesses in ways that increase heading is designated as an emergency require- That of the amount provided under this head- access to key facilities and services, and en- ment pursuant to section 402 of H. Con. Res. 95 ing, up to $712,000,000 may be transferred to hance intermodal transportation of fishery (109th Congress), the concurrent resolution on ‘‘Federal Emergency Management Agency, Dis- products: Provided further, That of the total the budget for fiscal year 2006. aster Relief’’ to reimburse in whole, or in part, amount appropriated, $90,000,000 shall be pro- that account for funds transferred to this ac- OFFICE OF JUSTICE PROGRAMS vided for replacement of private fisheries infra- count by Public Law 109–174: Provided further, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE structure other than vessels: Provided further, That the amounts provided under this heading For an additional amount for ‘‘State and That of the total amount appropriated, are designated as an emergency requirement Local Law Enforcement Assistance’’ for nec- $10,000,000 shall be provided to implement rules pursuant to section 402 of H. Con. Res. 95 (109th essary expenses, related to the direct or indirect where appropriate, and purchase and provide Congress), the concurrent resolution on the consequences of Hurricane Katrina and other one year of associated fees to equip the offshore budget for fiscal year 2006. hurricanes of the 2005 season, $10,000,000, to re- shrimp and reef fish fishery with electronic ves- CHAPTER 3 main available until expended: Provided, That sel monitoring systems: Provided further, That DEPARTMENT OF DEFENSE—MILITARY the amount provided under this heading is des- of the total amount appropriated, $10,000,000 ignated as an emergency requirement pursuant shall be provided to equip federally permitted MILITARY PERSONNEL to section 402 of H. Con. Res. 95 (109th Con- fishing vessels with electronic logbooks to record MILITARY PERSONNEL, ARMY haul-by-haul catch data: Provided further, gress), the concurrent resolution on the budget For an additional amount for ‘‘Military Per- That of the total amount appropriated, for fiscal year 2006: Provided further, That the sonnel, Army’’, $2,125,000, for necessary ex- $20,000,000 shall be provided for one percent cov- Attorney General shall consult with the House penses related to the consequences of Hurricane erage of the shrimp and reef fish fisheries with and Senate Committees on Appropriations on Katrina and other hurricanes of the 2005 sea- at-sea observer coverage to document catch, by- the allocation of funds prior to obligation. son: Provided, That the amount provided under catch and profitability of these fisheries, for DEPARTMENT OF COMMERCE this heading is designated as an emergency re- three years: Provided further, That of the total quirement pursuant to section 402 of H. Con. NATIONAL OCEANIC AND ATMOSPHERIC amount appropriated, $50,000,000 shall be pro- Res. 95 (109th Congress), the concurrent resolu- ADMINISTRATION vided to develop and fund a cooperative re- tion on the budget for fiscal year 2006. OPERATIONS, RESEARCH, AND FACILITIES search program to test various gears and to For an additional amount for ‘‘Operations, monitor the recovery of Gulf of Mexico fishery MILITARY PERSONNEL, NAVY Research, and Facilities’’ for necessary expenses resources and fisheries: Provided further, That For an additional amount for ‘‘Military Per- related to the consequences of Hurricane of the total amount appropriated, $100,000,000 sonnel, Navy’’, $22,002,000, for necessary ex- Katrina and other hurricanes of the 2005 sea- shall be provided for direct assistance to fishers penses related to the consequences of Hurricane son, $1,135,000,000, to remain available until and seafood workers to undertake cleanup ac- Katrina and other hurricanes of the 2005 sea- September 30, 2007, pursuant to section 312(a) of tivities and begin repairing damaged facilities: son: Provided, That the amount provided under the Magnuson-Stevens Fishery Conservation Provided further, That of the total amount ap- this heading is designated as an emergency re- and Management Act, section 308(d) of the propriated, $20,000,000 shall be provided to assist quirement pursuant to section 402 of H. Con. Interjurisdictional Fisheries Act, and other au- shellfishermen in New England’s coastal com- Res. 95 (109th Congress), the concurrent resolu- thorities: Provided, That the amount provided munities who suffered severe economic impact tion on the budget for fiscal year 2006.

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MILITARY PERSONNEL, MARINE CORPS OPERATION AND MAINTENANCE AIRCRAFT PROCUREMENT, NAVY For an additional amount for ‘‘Military Per- OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Aircraft Pro- sonnel, Marine Corps’’, $3,992,000, for necessary For an additional amount for ‘‘Operation and curement, Navy’’, $579,000, to remain available expenses related to the consequences of Hurri- Maintenance, Navy’’, $29,913,000, to remain until September 30, 2008, for necessary expenses cane Katrina and other hurricanes of the 2005 available until September 30, 2007, for necessary related to the consequences of Hurricane season: Provided, That the amount provided expenses related to the consequences of Hurri- Katrina and other hurricanes of the 2005 sea- under this heading is designated as an emer- cane Katrina and other hurricanes of the 2005 son: Provided, That the amount provided under gency requirement pursuant to section 402 of H. season: Provided, That the amount provided this heading is designated as an emergency re- Con. Res. 95 (109th Congress), the concurrent under this heading is designated as an emer- quirement pursuant to section 402 of H. Con. resolution on the budget for fiscal year 2006. gency requirement pursuant to section 402 of H. Res. 95 (109th Congress), the concurrent resolu- MILITARY PERSONNEL, AIR FORCE Con. Res. 95 (109th Congress), the concurrent tion on the budget for fiscal year 2006. resolution on the budget for fiscal year 2006. For an additional amount for ‘‘Military Per- PROCUREMENT OF AMMUNITION, NAVY AND sonnel, Air Force’’, $21,610,000, for necessary ex- OPERATION AND MAINTENANCE, AIR FORCE MARINE CORPS penses related to the consequences of Hurricane For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $37,359,000, to remain For an additional amount for ‘‘Procurement Katrina and other hurricanes of the 2005 sea- of Ammunition, Navy and Marine Corps’’, son: Provided, That the amount provided under available until September 30, 2007, for necessary expenses related to the consequences of Hurri- $899,000, to remain available until September 30, this heading is designated as an emergency re- 2008, for necessary expenses related to the con- quirement pursuant to section 402 of H. Con. cane Katrina and other hurricanes of the 2005 season: Provided, That the amount provided sequences of Hurricane Katrina and other hur- Res. 95 (109th Congress), the concurrent resolu- ricanes of the 2005 season: Provided, That the tion on the budget for fiscal year 2006. under this heading is designated as an emer- gency requirement pursuant to section 402 of H. amount provided under this heading is des- RESERVE PERSONNEL, ARMY Con. Res. 95 (109th Congress), the concurrent ignated as an emergency requirement pursuant For an additional amount for ‘‘Reserve Per- resolution on the budget for fiscal year 2006. to section 402 of H. Con. Res. 95 (109th Con- gress), the concurrent resolution on the budget sonnel, Army’’, $4,071,000, for necessary ex- OPERATION AND MAINTENANCE, NAVY RESERVE penses related to the consequences of Hurricane for fiscal year 2006. For an additional amount for ‘‘Operation and Katrina and other hurricanes of the 2005 sea- Maintenance, Navy Reserve’’, $12,755,000, to re- SHIPBUILDING AND CONVERSION, NAVY son: Provided, That the amount provided under main available until September 30, 2007, for nec- this heading is designated as an emergency re- For an additional amount for ‘‘Shipbuilding essary expenses related to the consequences of quirement pursuant to section 402 of H. Con. and Conversion, Navy’’, $1,025,236,000, to re- Hurricane Katrina and other hurricanes of the Res. 95 (109th Congress), the concurrent resolu- main available until September 30, 2010, for nec- 2005 season: Provided, That the amount pro- tion on the budget for fiscal year 2006. essary expenses related to the consequences of vided under this heading is designated as an Hurricane Katrina and other hurricanes of the RESERVE PERSONNEL, NAVY emergency requirement pursuant to section 402 2005 season, which shall be available for trans- For an additional amount for ‘‘Reserve Per- of H. Con. Res. 95 (109th Congress), the concur- fer within this account to replace destroyed or sonnel, Navy’’, $10,200,000, for necessary ex- rent resolution on the budget for fiscal year damaged equipment, prepare and recover naval penses related to the consequences of Hurricane 2006. vessels under contract; and provide for cost ad- Katrina and other hurricanes of the 2005 sea- OPERATION AND MAINTENANCE, AIR FORCE justments for naval vessels for which funds have son: Provided, That the amount provided under RESERVE been previously appropriated: Provided, That this heading is designated as an emergency re- For an additional amount for ‘‘Operation and this transfer authority is in addition to any quirement pursuant to section 402 of H. Con. Maintenance, Air Force Reserve’’, $1,277,000, to other transfer authority available to the Depart- Res. 95 (109th Congress), the concurrent resolu- remain available until September 30, 2007, for ment of Defense: Provided further, That the tion on the budget for fiscal year 2006. necessary expenses related to the consequences Secretary of Defense shall, not fewer than 15 days prior to making transfers within this ap- RESERVE PERSONNEL, MARINE CORPS of Hurricane Katrina and other hurricanes of the 2005 season: Provided, That the amount pro- propriation, notify the congressional defense For an additional amount for ‘‘Reserve Per- vided under this heading is designated as an committees in writing of the details of any such sonnel, Marine Corps’’, $2,176,000, for necessary emergency requirement pursuant to section 402 transfer: Provided further, That the amount expenses related to the consequences of Hurri- of H. Con. Res. 95 (109th Congress), the concur- provided under this heading is designated as an cane Katrina and other hurricanes of the 2005 rent resolution on the budget for fiscal year emergency requirement pursuant to section 402 season: Provided, That the amount provided 2006. of H. Con. Res. 95 (109th Congress), the concur- under this heading is designated as an emer- rent resolution on the budget for fiscal year OPERATION AND MAINTENANCE, ARMY NATIONAL gency requirement pursuant to section 402 of H. 2006. Con. Res. 95 (109th Congress), the concurrent GUARD resolution on the budget for fiscal year 2006. For an additional amount for ‘‘Operation and OTHER PROCUREMENT, NAVY RESERVE PERSONNEL, AIR FORCE Maintenance, Army National Guard’’, For an additional amount for ‘‘Other Procure- $42,307,000, to remain available until September ment, Navy’’, $85,040,000, to remain available For an additional amount for ‘‘Reserve Per- 30, 2007, for necessary expenses related to the until September 30, 2008, for necessary expenses sonnel, Air Force’’, $94,000, for necessary ex- consequences of Hurricane Katrina and other related to the consequences of Hurricane penses related to the consequences of Hurricane hurricanes of the 2005 season: Provided, That Katrina and other hurricanes of the 2005 sea- Katrina and other hurricanes of the 2005 sea- the amount provided under this heading is des- son: Provided, That the amount provided under son: Provided, That the amount provided under ignated as an emergency requirement pursuant this heading is designated as an emergency re- this heading is designated as an emergency re- to section 402 of H. Con. Res. 95 (109th Con- quirement pursuant to section 402 of H. Con. quirement pursuant to section 402 of H. Con. gress), the concurrent resolution on the budget Res. 95 (109th Congress), the concurrent resolu- Res. 95 (109th Congress), the concurrent resolu- for fiscal year 2006. tion on the budget for fiscal year 2006. tion on the budget for fiscal year 2006. PROCUREMENT IRCRAFT ROCUREMENT IR ORCE ATIONAL UARD ERSONNEL RMY A P , A F N G P , A PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘National For an additional amount for ‘‘Procurement curement, Air Force’’, $13,000,000, to remain Guard Personnel, Army’’, $1,304,000, for nec- of Ammunition, Army’’, $700,000, to remain available until September 30, 2008, for necessary essary expenses related to the consequences of available until September 30, 2008, for necessary expenses related to the consequences of Hurri- Hurricane Katrina and other hurricanes of the expenses related to the consequences of Hurri- cane Katrina and other hurricanes of the 2005 2005 season: Provided, That the amount pro- cane Katrina and other hurricanes of the 2005 season: Provided, That the amount provided vided under this heading is designated as an season: Provided, That the amount provided under this heading is designated as an emer- emergency requirement pursuant to section 402 under this heading is designated as an emer- gency requirement pursuant to section 402 of H. of H. Con. Res. 95 (109th Congress), the concur- gency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent rent resolution on the budget for fiscal year Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. 2006. resolution on the budget for fiscal year 2006. NATIONAL GUARD PERSONNEL, AIR FORCE OTHER PROCUREMENT, ARMY PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘National For an additional amount for ‘‘Other Procure- For an additional amount for ‘‘Procurement, Guard Personnel, Air Force’’, $1,408,000, for ment, Army’’, $9,136,000, to remain available Defense-Wide’’, $2,797,000, to remain available necessary expenses related to the consequences until September 30, 2008, for necessary expenses until September 30, 2008, for necessary expenses of Hurricane Katrina and other hurricanes of related to the consequences of Hurricane related to the consequences of Hurricane the 2005 season: Provided, That the amount pro- Katrina and other hurricanes of the 2005 sea- Katrina and other hurricanes of the 2005 sea- vided under this heading is designated as an son: Provided, That the amount provided under son: Provided, That the amount provided under emergency requirement pursuant to section 402 this heading is designated as an emergency re- this heading is designated as an emergency re- of H. Con. Res. 95 (109th Congress), the concur- quirement pursuant to section 402 of H. Con. quirement pursuant to section 402 of H. Con. rent resolution on the budget for fiscal year Res. 95 (109th Congress), the concurrent resolu- Res. 95 (109th Congress), the concurrent resolu- 2006. tion on the budget for fiscal year 2006. tion on the budget for fiscal year 2006.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3462 CONGRESSIONAL RECORD — SENATE April 25, 2006 RESEARCH, DEVELOPMENT, TEST AND able until September 30, 2007, for necessary ex- (2) Amounts received by the United States as EVALUATION penses related to the consequences of Hurricane reimbursement under paragraph (1) shall be RESEARCH, DEVELOPMENT, TEST AND Katrina and other hurricanes of the 2005 sea- credited to the account from which payment for EVALUATION, NAVY son: Provided, That the amount provided under the amounts reimbursed were made. Amounts For an additional amount for ‘‘Research, De- this heading is designated as an emergency re- credited to such account shall be merged with velopment, Test and Evaluation, Navy’’, quirement pursuant to section 402 of H. Con. amounts in such account, and shall be available $12,000,000, to remain available until September Res. 95 (109th Congress), the concurrent resolu- for the same purposes, and subject to the same 30, 2007, for necessary expenses related to the tion on the budget for fiscal year 2006. conditions and limitations, as amounts in such consequences of Hurricane Katrina and other OFFICE OF THE INSPECTOR GENERAL account. (e) In this section, the term ‘‘Hurricane hurricanes of the 2005 season: Provided, That For an additional amount for ‘‘Office of the Katrina Disaster Area’’ has the meaning given the amount provided under this heading is des- Inspector General’’, $326,000, to remain avail- that term in section 1400M(2) of the Internal ignated as an emergency requirement pursuant able until September 30, 2007, for necessary ex- Revenue Code of 1986. to section 402 of H. Con. Res. 95 (109th Con- penses related to the consequences of Hurricane gress), the concurrent resolution on the budget Katrina and other hurricanes of the 2005 sea- CHAPTER 4 for fiscal year 2006. son: Provided, That the amount provided under DEPARTMENT OF DEFENSE—CIVIL RESEARCH, DEVELOPMENT, TEST AND this heading is designated as an emergency re- DEPARTMENT OF THE ARMY EVALUATION, AIR FORCE quirement pursuant to section 402 of H. Con. CORPS OF ENGINEERS—CIVIL Res. 95 (109th Congress), the concurrent resolu- For an additional amount for ‘‘Research, De- INVESTIGATIONS tion on the budget for fiscal year 2006. velopment, Test and Evaluation, Air Force’’, For an additional amount for ‘‘Investiga- $6,250,000, to remain available until September GENERAL PROVISIONS—THIS CHAPTER tions’’ for flood hazard analyses and technical 30, 2007, for necessary expenses related to the SPECIAL TRANSFER AUTHORITY studies related to the consequences of Hurricane consequences of Hurricane Katrina and other (TRANSFER OF FUNDS) Katrina and other disasters, $3,750,000, to re- hurricanes of the 2005 season: Provided, That SEC. 2301. Upon his determination that such main available until expended: Provided, That the amount provided under this heading is des- action is necessary to ensure the appropriate al- $3,750,000 of the amount shall be available only ignated as an emergency requirement pursuant location of funds provided to the Department of to the extent that an official budget request for to section 402 of H. Con. Res. 95 (109th Con- Defense in this chapter, the Secretary of De- a specific dollar amount, that includes designa- gress), the concurrent resolution on the budget fense may transfer up to $75,000,000, of such tion of the entire amount of the request as an for fiscal year 2006. funds between such appropriations: Provided, emergency requirement, is transmitted by the RESEARCH, DEVELOPMENT, TEST AND That the Secretary shall notify the Congress President to the Congress: Provided further, EVALUATION, DEFENSE-WIDE promptly of each transfer made pursuant to this That the amount provided under this heading is For an additional amount for ‘‘Research, De- authority: Provided further, That the transfer designated as an emergency requirement pursu- velopment, Test and Evaluation, Defense- authority provided in this section is in addition ant to section 402 of H. Con. Res. 95 (109th Con- Wide’’, $730,000, to remain available until Sep- to any other transfer authority available to the gress), the concurrent resolution on the budget tember 30, 2007, for necessary expenses related to Department of Defense: Provided further, That for fiscal year 2006. the consequences of Hurricane Katrina and the amount made available by the transfer of CONSTRUCTION other hurricanes of the 2005 season: Provided, funds in or pursuant to this section is des- For an additional amount for ‘‘Construction’’ That the amount provided under this heading is ignated as an emergency requirement pursuant to reduce the risk of storm damage to the greater designated as an emergency requirement pursu- to section 402 of H. Con. Res. 95 (109th Con- New Orleans metropolitan area by restoring the ant to section 402 of H. Con. Res. 95 (109th Con- gress), the concurrent resolution on the budget surrounding wetlands through measures to gress), the concurrent resolution on the budget for fiscal year 2006. begin to reverse wetland losses in areas affected for fiscal year 2006. PROHIBITION OF NEW START PROGRAMS by navigation, oil and gas, and other channels REVOLVING AND MANAGEMENT FUNDS SEC. 2302. None of the funds provided in this and through modification of the Caernarvon Freshwater Diversion structure or its oper- DEFENSE WORKING CAPITAL FUNDS chapter may be used to finance programs or ac- tivities denied by Congress in fiscal year 2005 ations, $122,850,000, to remain available until ex- For an additional amount for ‘‘Defense Work- and 2006 appropriations to the Department of pended: Provided, That these funds shall not be ing Capital Funds’’, $1,222,000, to remain avail- Defense or to initiate a procurement or research, subject to any non-Federal cost-sharing require- able until September 30, 2006, for necessary ex- development, test and evaluation new start pro- ment: Provided further, That the amount pro- penses related to the consequences of Hurricane gram without prior written notification to the vided under this heading is designated as an Katrina and other hurricanes of the 2005 sea- congressional defense committees. emergency requirement pursuant to section 402 son: Provided, That the amount provided under NAVY SHIPBUILDING COST ADJUSTMENTS of H. Con. Res. 95 (109th Congress), the concur- this heading is designated as an emergency re- rent resolution on the budget for fiscal year quirement pursuant to section 402 of H. Con. SEC. 2303. (a) Amounts appropriated or other- wise made available by this Act, or by chapter 2006: Provided further, That $22,850,000 of the Res. 95 (109th Congress), the concurrent resolu- amount shall be available only to the extent tion on the budget for fiscal year 2006. 2 of title I of the Emergency Supplemental Ap- propriations Act to Address Hurricanes in the that an official budget request for a specific dol- NATIONAL DEFENSE SEALIFT FUND Gulf of Mexico and Pandemic Influenza, 2006 lar amount, that includes designation of the en- For an additional amount for ‘‘National De- (division B of Public Law 109–148; 119 Stat. tire amount of the request as an emergency re- fense Sealift Fund’’, $10,000,000, to remain 2757), under the heading ‘‘Shipbuilding and quirement, is transmitted by the President to the available until expended, for necessary expenses Conversion, Navy’’ may be obligated and ex- Congress: Provided further, That $2,000,000 of related to the consequences of Hurricane pended to pay the costs of any business disrup- the amount provided in the previous proviso Katrina and other hurricanes of the 2005 sea- tion incurred by a ship construction contractor shall be provided at full Federal expense for the son: Provided, That the amount provided under with respect to facilities or businesses located in Hawaii water systems technical assistance pro- this heading is designated as an emergency re- the Hurricane Katrina Disaster Area by reason gram. quirement pursuant to section 402 of H. Con. of Hurricane Katrina. OPERATIONS AND MAINTENANCE Res. 95 (109th Congress), the concurrent resolu- (b) Amounts received by a ship construction For an additional amount for ‘‘Operations tion on the budget for fiscal year 2006. contractor under subsection (a) with respect to and Maintenance’’ to dredge navigation chan- TRUST FUNDS the costs of business disruption described in that nels and repair other Corps projects related to GENERAL FUND PAYMENT, SURCHARGE COLLEC- subsection may not be treated as collateral in- the consequences of Hurricane Katrina and TIONS, SALES OF COMMISSARY STORES, DE- surance coverage or otherwise treated as pay- other hurricanes of the 2005 season, $4,700,000, FENSE ments which would reduce amounts otherwise to remain available until expended: Provided, That $4,700,000 shall be available only to the ex- For an additional amount for ‘‘General Fund payable to the contractor for such costs under tent an official budget request, that includes Payment, Surcharge Collections, Sales of Com- any insurance or similar payer plan. designation of the $4,700,000 as an emergency re- missary Stores, Defense’’, $10,530,000, to remain (c) The Secretary of the Navy shall adjust any quirement is transmitted by the President to the available until September 30, 2010, for necessary shipbuilding contract with a ship construction Congress: Provided further, That the amount expenses related to the consequences of Hurri- contractor described in subsection (a) in order to provided under this heading is designated as an cane Katrina and other hurricanes of the 2005 take into account the business disruption in- emergency requirement pursuant to section 402 season: Provided, That the amount provided curred by the contractor as described in that of H. Con. Res. 95 (109th Congress), the concur- under this heading is designated as an emer- subsection. rent resolution on the budget for fiscal year gency requirement pursuant to section 402 of H. (d)(1) In the event a shipbuilding contractor 2006. Con. Res. 95 (109th Congress), the concurrent receives payment (whether through insurance or FLOOD CONTROL AND COASTAL EMERGENCIES resolution on the budget for fiscal year 2006. similar payer plan) for costs described in sub- section (a) for which the contractor has been For an additional amount for ‘‘Flood Control OTHER DEPARTMENT OF DEFENSE paid amounts under that subsection, the con- and Coastal Emergencies’’, as authorized by sec- PROGRAMS tractor shall reimburse the United States for tion 5 of the Flood Control Act of August 18, DEFENSE HEALTH PROGRAM amounts paid under that subsection in the 1941, as amended (33 U.S.C. 701n), for necessary For an additional amount for ‘‘Defense amount of the payment so received by the con- expenses related to the consequences of Hurri- Health Program’’, $33,881,000, to remain avail- tractor. cane Katrina and other hurricanes of the 2005

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3463 season, $2,001,500,000, to remain available until vided under this heading are designated as an sional Budget Act of 1974 (2 U.S.C. 661a): Pro- expended: Provided, That the Secretary of the emergency requirement pursuant to section 402 vided further, That the amounts provided under Army is directed to use the funds appropriated of H. Con. Res. 95 (109th Congress), the concur- this heading are designated as an emergency re- herein to modify, at full Federal expense, au- rent resolution on the budget for fiscal year quirement pursuant to section 402 of H. Con. thorized projects in southeast Louisiana to pro- 2006. Res. 95 (109th Congress), the concurrent resolu- vide hurricane and storm damage reduction and ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS tion on the budget for fiscal year 2006. flood damage reduction in greater New Orleans For an additional amount for ‘‘Acquisition, GENERAL PROVISIONS—THIS CHAPTER and surrounding areas, of which $530,000,000 Construction, and Improvements’’ for necessary FEDERAL EMERGENCY MANAGEMENT AGENCY shall be used to modify the 17th Street, Orleans expenses related to the consequences of Hurri- SEC. 2501. The Federal Emergency Manage- Avenue and London Avenue drainage canals, cane Katrina and other hurricanes of the 2005 ment Agency may provide funds to a State or and install pumps and closure structures at or season, $191,844,000, to remain available until local government or, as necessary, assume an near the lakefront; $250,000,000 shall be used for expended: Provided, That such amounts shall be existing agreement from such unit of govern- storm-proofing interior pump stations to ensure available for major repair and reconstruction ment, to pay for utility costs resulting from the their operability during hurricanes, storms and projects for facilities that were damaged and for provision of temporary housing units to evac- high water events; $170,000,000 shall be used for damage to vessels currently under construction, uees from Hurricane Katrina and other hurri- armoring critical elements of the New Orleans for the replacement of damaged equipment, and canes of the 2005 season if the State or local hurricane and storm damage reduction system; for the reimbursement of delay, loss of effi- government has previously arranged to pay for $350,000,000 shall be used to improve protection ciency, disruption, and related costs: Provided such utilities on behalf of the evacuees for the at the Inner Harbor Navigation Canal; and further, That amounts provided are also for eq- term of any leases, not to exceed 12 months, con- $60,000,000 shall be used for incorporation of uitable adjustments and provisional payments to tracted by or prior to February 7, 2006, notwith- certain non-Federal levees in Plaquemines Par- contracts for Coast Guard vessels for which standing section 408 of the Robert T. Stafford ish into the existing Federal levee system: Pro- funds have been previously appropriated: Pro- Disaster Relief and Emergency Assistance Act vided further, That any project using funds ap- vided further, That the amount provided under (42 U.S.C. 5174): Provided, That the Federal propriated herein shall be initiated only after this heading is designated as an emergency re- share of the costs eligible to be paid shall be 100 non-Federal interests have entered into binding quirement pursuant to section 402 of H. Con. percent. agreements with the Secretary to pay 100 per- Res. 95 (109th Congress), the concurrent resolu- NATIONAL FLOOD INSURANCE FUND cent of the operation, maintenance, repair, re- tion on the budget for fiscal year 2006. placement and rehabilitation costs of the project SEC. 2502. (a) Title III of Public Law 109–90 FEDERAL EMERGENCY MANAGEMENT AGENCY and to hold and save the United States free from (119 Stat. 2079) is amended under the heading damages due to the construction or operation ADMINISTRATIVE AND REGIONAL OPERATIONS ‘‘National Flood Insurance Fund’’ by striking and maintenance of the project, except for dam- For an additional amount for ‘‘Administrative in the proviso ‘‘$30,000,000’’ and inserting ‘‘such ages due to the fault or negligence of the United and Regional Operations’’ for necessary ex- sums as necessary, not to exceed States or its contractors: Provided further, That penses related to the consequences of Hurricane $1,000,000,000,’’. $641,500,000 of the amount shall be available Katrina and other hurricanes of the 2005 sea- (b) The provisions of this section are des- only to the extent that an official budget request son, $71,800,000, to remain available until ex- ignated as an emergency requirement pursuant for a specific dollar amount, that includes des- pended: Provided, That the amount provided to section 402 of H. Con. Res. 95 (109th Con- ignation of the entire amount of the request as under this heading is designated as an emer- gress), the concurrent resolution on the budget an emergency requirement, is transmitted by the gency requirement pursuant to section 402 of H. for fiscal year 2006. President to the Congress: Provided further, Con. Res. 95 (109th Congress), the concurrent HOUSING PILOT PROGRAM That the amounts provided under this heading resolution on the budget for fiscal year 2006. SEC. 2503. Notwithstanding any other provi- are designated as an emergency requirement PREPAREDNESS, MITIGATION, RESPONSE, AND sion of law, the Secretary of Homeland Security pursuant to section 402 of H. Con. Res. 95 (109th RECOVERY shall consider eligible under the Federal Emer- Congress), the concurrent resolution on the For an additional amount for ‘‘Preparedness, gency Management Agency Individual Assist- budget for fiscal year 2006. Mitigation, Response, and Recovery’’ for nec- ance Program the costs sufficient for alternative housing pilot programs in the areas hardest hit CHAPTER 5 essary expenses related to the consequences of Hurricane Katrina and other hurricanes of the by Hurricane Katrina and other hurricanes of DEPARTMENT OF HOMELAND SECURITY 2005 season, $10,000,000, to remain available the 2005 season: Provided, That the Secretary of CUSTOMS AND BORDER PROTECTION until expended: Provided, That the amount pro- Homeland Security shall submit for approval a SALARIES AND EXPENSES vided under this heading is designated as an proposal and an expenditure plan for the alter- For an additional amount for ‘‘Salaries and emergency requirement pursuant to section 402 native housing pilot program to the Committees Expenses’’ for necessary expenses related to the of H. Con. Res. 95 (109th Congress), the concur- on Appropriations of the Senate and House of consequences of Hurricane Katrina and other rent resolution on the budget for fiscal year Representatives within forty-five days from the hurricanes of the 2005 season, $12,900,000: Pro- 2006. date of enactment of this Act: Provided further, vided, That the amount provided under this DISASTER RELIEF That no State shall host more than one alter- heading is designated as an emergency require- For an additional amount for ‘‘Disaster Re- native housing pilot program. ment pursuant to section 402 of H. Con. Res. 95 lief’’ for necessary expenses under the Robert T. CHAPTER 6 (109th Congress), the concurrent resolution on Stafford Disaster Relief and Emergency Assist- DEPARTMENT OF THE INTERIOR ance Act (42 U.S.C. 5121 et seq.), $10,600,000,000, the budget for fiscal year 2006. UNITED STATES FISH AND WILDLIFE SERVICE CONSTRUCTION to remain available until expended: Provided, That the amount provided under this heading is CONSTRUCTION For an additional amount for ‘‘Construction’’ For an additional amount for ‘‘Construction’’ for necessary expenses related to the con- designated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th Con- for necessary expenses related to the con- sequences of Hurricane Katrina and other hur- sequences of Hurricane Katrina and other hur- ricanes of the 2005 season, $4,800,000, to remain gress), the concurrent resolution on the budget for fiscal year 2006. ricanes of the 2005 season, $132,400,000, to re- available until expended: Provided, That the main available until expended: Provided, That DISASTER ASSISTANCE DIRECT LOAN PROGRAM amount provided under this heading is des- the amount provided under this heading is des- ACCOUNT ignated as an emergency requirement pursuant ignated as an emergency requirement pursuant For an additional amount for ‘‘Disaster As- to section 402 of H. Con. Res. 95 (109th Con- to section 402 of H. Con. Res. 95 (109th Con- sistance Direct Loan Program Account’’ for the gress), the concurrent resolution on the budget gress), the concurrent resolution on the budget cost of direct loans as authorized under section for fiscal year 2006. for fiscal year 2006. UNITED STATES COAST GUARD 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), NATIONAL PARK SERVICE OPERATING EXPENSES $301,000,000, to be used to assist local govern- HISTORIC PRESERVATION FUND (INCLUDING TRANSFERS OF FUNDS) ments affected by Hurricane Katrina and other For an additional amount for ‘‘Historic Pres- For an additional amount for ‘‘Operating Ex- hurricanes of the 2005 season in providing es- ervation Fund’’ for necessary expenses related penses’’ for necessary expenses related to the sential services, of which $1,000,000 is for admin- to the consequences of Hurricane Katrina and consequences of Hurricane Katrina and other istrative expenses to carry out the direct loan other hurricanes of the 2005 season, $83,000,000, hurricanes of the 2005 season, $90,570,900, to re- program: Provided, That such funds may be to remain available until expended: Provided, main available until September 30, 2007, of made to subsidize gross obligations for the prin- That of the funds provided under this heading, which up to $267,000 may be transferred to ‘‘En- cipal amount of direct loans not to exceed $80,000,000 shall be provided to State historical vironmental Compliance and Restoration’’ to be $400,000,000: Provided further, That notwith- preservation officers for grants for disaster relief used for environmental cleanup and restoration standing section 417(b) of such Act, the amount in areas of Louisiana, Mississippi, and Alabama of Coast Guard facilities in the Gulf of Mexico of any such loan issued pursuant to this section impacted by Hurricanes Katrina or Rita: Pro- region; and of which up to $470,000 may be may exceed $5,000,000: Provided further, That vided further, That grants shall be for the pres- transferred to ‘‘Research, Development, Test notwithstanding section 417(c)(1) of such Act, ervation, stabilization, rehabilitation, and re- and Evaluation’’ to be used for salvage and re- such loans may not be canceled: Provided fur- pair of historic houses and designated ‘‘Main pair of research and development equipment ther, That the cost of modifying such loans Street’’ commercial properties listed in or eligible and facilities: Provided, That the amounts pro- shall be as defined in section 502 of the Congres- for the National Register of Historic Places, for

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3464 CONGRESSIONAL RECORD — SENATE April 25, 2006 planning and technical assistance: Provided emergency requirement pursuant to section 402 to remain available until September 30, 2007: further, That grants shall only be available for of H. Con. Res. 95 (109th Congress), the concur- Provided, That the amount provided under this areas that the President determines to be a rent resolution on the budget for fiscal year heading is designated as an emergency require- major disaster under section 102(2) of the Robert 2006. ment pursuant to section 402 of H. Con. Res. 95 T. Stafford Disaster Relief and Emergency As- DEPARTMENT OF AGRICULTURE (109th Congress), the concurrent resolution on sistance Act (42 U.S.C. 5122(2)) due to Hurri- the budget for fiscal year 2006. FOREST SERVICE canes Katrina or Rita: Provided further, That DEPARTMENT OF EDUCATION individual grants shall not be subject to a non- NATIONAL FOREST SYSTEM DEPARTMENTAL MANAGEMENT Federal matching requirement: Provided fur- For an additional amount for the ‘‘National ther, That no more than 5 percent of funds pro- Forest System’’ for necessary expenses related to OFFICE OF THE INSPECTOR GENERAL vided under this heading for disaster relief the consequences of Hurricane Katrina and For an additional amount for ‘‘Office of the grants may be used for administrative expenses: other hurricanes of the 2005 season, $20,000,000, Inspector General’’, $1,500,000, to remain avail- Provided further, That of the amount provided to remain available until expended: Provided, able until September 30, 2007, for necessary ex- under this heading for disaster relief grants, That the amount provided under this heading is penses related to the consequences of Hurricane $37,500,000 shall be for the State of Louisiana, designated as an emergency requirement pursu- Katrina and other hurricanes of the 2005 sea- $37,500,000 shall be for the State of Mississippi, ant to section 402 of H. Con. Res. 95 (109th Con- son: Provided, That the amount provided under and $5,000,000 shall be for the State of Alabama: gress), the concurrent resolution on the budget this heading is designated as an emergency re- Provided further, That the amounts provided for fiscal year 2006. quirement pursuant to section 402 of H. Con. under this heading are designated as an emer- CHAPTER 7 Res. 95 (109th Congress), the concurrent resolu- gency requirement pursuant to section 402 of H. DEPARTMENT OF LABOR tion on the budget for fiscal year 2006. Con. Res. 95 (109th Congress), the concurrent HURRICANE EDUCATION RECOVERY EMPLOYMENT AND TRAINING ADMINISTRATION resolution on the budget for fiscal year 2006. For an additional amount under the heading TRAINING AND EMPLOYMENT SERVICES CONSTRUCTION ‘‘Department of Education’’ in Public Law 109– For an additional amount for ‘‘Construction’’ For an additional amount for ‘‘Training and 148 for carrying out section 107 of title IV, divi- for necessary expenses related to the con- Employment Services’’, $32,500,000, to remain sion B of that Act, $300,000,000, for necessary sequences of Hurricane Katrina and other hur- available until expended, for necessary expenses expenses related to the consequences of Hurri- ricanes of the 2005 season, $55,400,000, to remain related to the consequences of Hurricane cane Katrina and other hurricanes of the 2005 available until expended: Provided, That the Katrina and other hurricanes of the 2005 sea- season: Provided, That an additional amount provided under this heading is des- son, for construction, rehabilitation, and acqui- $350,000,000 shall be available to the Department ignated as an emergency requirement pursuant sition of Job Corps centers as authorized by the of Education, until expended, for carrying out to section 402 of H. Con. Res. 95 (109th Con- Workforce Investment Act of 1998: Provided, the purposes of section 107 of title IV, division gress), the concurrent resolution on the budget That the amount provided under this heading is B of Public Law 109–148, for displaced students, for fiscal year 2006. designated as an emergency requirement pursu- as defined in section 107(b)(1) of that Act, en- ant to section 402 of H. Con. Res. 95 (109th Con- UNITED STATES GEOLOGICAL SURVEY rolled prior to October 1, 2006: Provided further, gress), the concurrent resolution on the budget That the amount provided under this heading is SURVEYS, INVESTIGATIONS, AND RESEARCH for fiscal year 2006. designated as an emergency requirement pursu- For an additional amount for ‘‘Surveys, In- DEPARTMENTAL MANAGEMENT ant to section 402 of H. Con. Res. 95 (109th Con- vestigations, and Research’’ for necessary ex- gress), the concurrent resolution on the budget penses related to the consequences of Hurricane OFFICE OF INSPECTOR GENERAL for fiscal year 2006. Katrina and other hurricanes of the 2005 season For an additional amount for ‘‘Office of In- For the principal amount of direct loans, as and for repayment of advances to other appro- spector General’’ for necessary expenses related authorized under section 2701 of title II of this priation accounts from which funds were trans- to the consequences of Hurricane Katrina and Act, made not later than 60 days after the en- ferred for such purposes, $10,200,000, to remain other hurricanes of the 2005 season, $2,000,000, actment of this Act for necessary expenses re- available until expended: Provided, That the to remain available until September 30, 2007: lated to the consequences of Hurricane Katrina amount provided under this heading is des- Provided, That the amount provided under this and other hurricanes of the 2005 season, ignated as an emergency requirement pursuant heading is designated as an emergency require- $300,000,000. to section 402 of H. Con. Res. 95 (109th Con- ment pursuant to section 402 of H. Con. Res. 95 For the cost of direct loans, including the cost gress), the concurrent resolution on the budget (109th Congress), the concurrent resolution on of modifying loans as defined in section 502 of for fiscal year 2006. the budget for fiscal year 2006. the Congressional Budget Act of 1974, DEPARTMENT OF HEALTH AND HUMAN MINERALS MANAGEMENT SERVICE $200,000,000, to remain available until expended: SERVICES ROYALTY AND OFFSHORE MINERALS MANAGEMENT Provided, That the amount provided under this For an additional amount for ‘‘Royalty and HEALTH RESOURCES AND SERVICES heading is designated as an emergency require- Offshore Minerals Management’’ for necessary ADMINISTRATION ment pursuant to section 402 of H. Con. Res. 95 expenses related to the consequences of Hurri- For an additional amount for ‘‘Community (109th Congress), the concurrent resolution on cane Katrina and other hurricanes of the 2005 Health Centers’’, $6,000,000, to establish and the budget for fiscal year 2006. season and for repayment of advances to other purchase communication equipment including Hereafter, the loan level established under appropriation accounts from which funds were satellite phones for a communications network this heading shall be considered an estimate, transferred for such purposes, $15,000,000, to re- among departments of health, community health not a limitation. main available until September 30, 2007: Pro- centers and major medical centers in States af- For an additional amount under part B of vided, That the amount provided under this fected by Hurricane Katrina and other hurri- title VII of the Higher Education Act of 1965 for heading is designated as an emergency require- canes of the 2005 season: Provided, That the institutions of higher education (as defined in ment pursuant to section 402 of H. Con. Res. 95 amount provided under this heading is des- section 102 of that Act) that are located in an (109th Congress), the concurrent resolution on ignated as an emergency requirement pursuant area in which a major disaster has been de- the budget for fiscal year 2006. to section 402 of H. Con. Res. 95 (109th Con- clared in accordance with section 401 of the ENVIRONMENTAL PROTECTION AGENCY gress), the concurrent resolution on the budget Robert T. Stafford Disaster Relief and emer- for fiscal year 2006. gency Assistance Act related to hurricanes in ENVIRONMENTAL PROGRAMS AND MANAGEMENT CENTERS FOR DISEASE CONTROL AND the Gulf of Mexico in calendar year 2005, For an additional amount for ‘‘Environmental PREVENTION $30,000,000 for hurricane related costs: Provided, Programs and Management’’ for necessary ex- That the amount provided under this heading is DISEASE CONTROL, RESEARCH, AND TRAINING penses related to the consequences of Hurricane designated as an emergency requirement pursu- For an additional amount for ‘‘Disease Con- Katrina and other hurricanes of the 2005 sea- ant to section 402 of H. Con. Res. 95 (109th Con- trol, Research, and Training’’, $20,000,000, to re- son, $6,000,000, to remain available until Sep- gress), the concurrent resolution on the budget main available until expended, for mosquito and tember 30, 2007: Provided, That the amount pro- for fiscal year 2006. vided under this heading is designated as an other pest abatement activities in States affected RELATED AGENCIES emergency requirement pursuant to section 402 by Hurricane Katrina and other hurricanes of of H. Con. Res. 95 (109th Congress), the concur- the 2005 season: Provided, That the amount pro- CORPORATION FOR NATIONAL AND COMMUNITY rent resolution on the budget for fiscal year vided under this heading is designated as an SERVICE 2006. emergency requirement pursuant to section 402 NATIONAL AND COMMUNITY SERVICE PROGRAMS, LEAKING UNDERGROUND STORAGE TANK of H. Con. Res. 95 (109th Congress), the concur- OPERATING EXPENSES rent resolution on the budget for fiscal year PROGRAM (INCLUDING TRANSFER OF FUNDS) 2006. For an additional amount for ‘‘Leaking Un- For an additional amount for the Corporation derground Storage Tank Program’’ for nec- OFFICE OF THE SECRETARY for National and Community Service (the ‘‘Cor- essary expenses related to the consequences of OFFICE OF INSPECTOR GENERAL poration’’) for necessary expenses related to the Hurricane Katrina and other hurricanes of the For an additional amount for ‘‘Office of In- consequences of Hurricane Katrina and other 2005 season, $7,000,000, to remain available until spector General’’ for necessary expenses related hurricanes of the 2005 season, $20,000,000, to re- September 30, 2007: Provided, That the amount to the consequences of Hurricane Katrina and main available until September 30, 2007: Pro- provided under this heading is designated as an other hurricanes of the 2005 season, $2,669,846, vided, That the funds made available under this

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3465

heading shall be available for the Civilian Com- (2) NO REQUIREMENT THAT INSTITUTION RE- financing to assist in institutional recovery from munity Corps authorized under subtitle E of CEIVE COLLATERAL SOURCE COMPENSATION.—An the Gulf hurricane disaster. title I of the National and Community Service eligible postsecondary educational institution (c)(1) Notwithstanding section 343(b)(1) or any Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12611 et seq.): shall be eligible for a loan under this section re- other provision of title III of the Higher Edu- Provided further, That the Corporation may gardless of whether or not such institution re- cation Act of 1965 (20 U.S.C. 1066b(b)(1), 1051 et transfer funds from the amount provided under ceived collateral source compensation from the seq.), in carrying out section 343 of such Act, a the first proviso to the National Service Trust Federal Emergency Management Agency, the designated bonding authority shall withhold not authorized under subtitle D of title I of the Act Small Business Administration, or insurance. more than 1 percent for the cost of issuance (42 U.S.C. 12601) upon determination that such (d) USE OF ASSISTANCE.—Assistance received from the proceeds of qualified bonds that are transfer is necessary to support the activities of by an eligible postsecondary educational institu- loaned to an affected institution. Civilian Community Corps participants and tion pursuant to this section may be used for— (2) Notwithstanding section 343(b)(3) or any after notice is transmitted to Congress: Provided (1) direct and indirect construction cost and other provision of title III of the Higher Edu- further, That the amount provided under this clean-up resulting from Hurricanes Katrina and cation Act of 1965 (20 U.S.C. 1066b(b)(3), 1051 et heading is designated as an emergency require- Rita; seq.), the interest rate charged for a loan issued ment pursuant to section 402 of H. Con. Res. 95 (2) faculty salaries and incentives for retain- under part D of title III of such Act, after the (109th Congress), the concurrent resolution on ing faculty; and date of enactment of this Act and with respect the budget for fiscal year 2006. (3) costs of lost tuition, revenue, and enroll- to an affected institution, shall be a rate of 1 SOCIAL SECURITY ADMINISTRATION ment. percent for the period of the loan. (e) AUDIT.—The Secretary of Education and (3) Notwithstanding any other provision of OFFICE OF INSPECTOR GENERAL the Comptroller General of the United States title III of the Higher Education Act of 1965 (20 For an additional amount for ‘‘Office of In- may audit a statement submitted under sub- U.S.C. 1051 et seq.), the requirements of section spector General’’, $277,000, to remain available section (c)(1)(A) and may request any informa- 343(b)(8) and 343(c)(2) of such Act (20 U.S.C. until September 30, 2007, for necessary expenses tion that the Secretary of Education and Comp- 1066(b)(8)) shall not apply with respect to an af- related to the consequences of Hurricane troller General determine necessary to conduct fected institution receiving a loan under part D Katrina and other hurricanes of the 2005 sea- such an audit. of title III of such Act (20 U.S.C. 1066 et seq.). son: Provided, That the amount provided under (f) REDUCTION IN ASSISTANCE.—In calculating (d) Notwithstanding any provision of title III this heading is designated as an emergency re- assistance to eligible postsecondary educational of the Higher Education Act of 1965 (20 U.S.C. quirement pursuant to section 402 of H. Con. institutions under this section, the Secretary of 1051 et seq.), or any regulation promulgated Res. 95 (109th Congress), the concurrent resolu- Education shall calculate a figure that reduces under such title, the Secretary of Education tion on the budget for fiscal year 2006. from the monetary amount of losses incurred by shall grant a deferment, for a period of not more GENERAL PROVISIONS—THIS CHAPTER such institution, only the amount of collateral than 3 years, to an affected institution who has DEPARTMENT OF EDUCATION—HURRICANE source compensation the institution has already received a loan under part D of title III of such EDUCATION RECOVERY received from insurance, the Federal Emergency Act (20 U.S.C. 1066 et seq.). During the SEC. 2701. (a) AUTHORIZATION OF PROGRAM.— Management Agency, and the Small Business deferment period granted under this subsection, The Secretary of Education shall establish an Administration. the affected institution shall not be required to Education Relief Loan Program that includes (g) REGULATIONS.—Not later than 30 days pay any periodic installment of principal re- amounts appropriated under chapter 7 of title II after the date of enactment of this section, the quired under the loan agreement for such loan, of this Act and provides from such amounts Secretary of Education shall establish terms for and interest on such loan shall not accrue for funds for long-term, low-interest direct loans to the long-term, low-interest direct loan program the period of the deferment. eligible postsecondary educational institutions and procedures for an application for assistance (e)(1) Except as provided in paragraph (2), the for direct or indirect losses incurred on or after under this section and minimum requirements authority provided under this section to enter August 28, 2005, resulting from the impact of for the program and for receiving assistance into, or modify or waive the terms of, a loan Hurricanes Katrina and Rita, and recovery ini- under this section, including the following: agreement or insurance agreement under part D tiatives of such institutions. (1) Forms to be used in submitting request for of title III of the Higher Education Act of 1965 (b) ELIGIBILITY.—In this section, the term ‘‘el- assistance. (20 U.S.C. 1066 et seq.), or to grant a loan igible postsecondary educational institution’’ (2) Procedures to assist in filing and pursing deferment under subsection (d), shall terminate means— assistance. 1 year after the date of enactment of this Act. (1) a public postsecondary educational institu- (3) Loan repayment and interest rate proce- (2) Any provision of a loan agreement or in- tion that was forced to suspend operations due dures and requirements, as specified by the Sec- surance agreement modified or waived by the to the impact of Hurricanes Katrina and Rita retary of Education and in accordance with the authority under this section shall remain so and has not been able to reopen in existing fa- published rule of October 18, 2005 (44 C.F.R. modified or waived for the duration of the pe- cilities or fully reopen to the levels that existed 206.370–377), implementing the Community Dis- riod covered by the loan agreement or insurance before the impact of such hurricanes; aster Loan Act of 2005 (Public Law 109–88). agreement. (2) a private, nonprofit postsecondary edu- HISTORICALLY BLACK COLLEGE AND UNIVERSITY (f) The amount provided in this section is des- cational institution that was forced to suspend CAPITAL FINANCING PROGRAM ignated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Con- operations due to the impact of such hurricanes SEC. 2702. (a) In this section: and has not been able to reopen in existing fa- (1) The term ‘‘affected institution’’ means an gress), the concurrent resolution on the budget cilities or fully reopen to the levels that existed institution of higher education that is— for fiscal year 2006. before the impact of such hurricanes; or (A) a part B institution, as such term is de- USE OF SUPPLEMENTAL HIGHER EDUCATION ACT (3) a public or private school of medicine that fined in section 322 of the Higher Education Act FUNDS was forced to suspend operations due to the im- of 1965 (20 U.S.C. 1061); and SEC. 2703. Funds available to the Mississippi pact of such hurricanes and has not been able (B) located in an area affected by a Gulf hur- Institutes of Higher Learning under the heading to reopen in existing facilities or fully reopen to ricane disaster. ‘‘Department of Education’’ in Public Law 109– the levels that existed before the impact of such (2) The terms ‘‘area affected by a Gulf hurri- 148 may be used to support activities authorized hurricanes. cane disaster’’ and ‘‘Gulf hurricane disaster’’ by part B of title VII of the Higher Education (c) REQUIREMENTS FOR ASSISTANCE DUE TO have the meanings given such terms in section Act of 1965, as determined necessary by the Mis- LOSSES.— 209 of the Higher Education Hurricane Relief sissippi Institutes of Higher Learning: Provided, (1) IN GENERAL.—An eligible postsecondary Act of 2005 (Public Law 109–148, 119 Stat. 2809). That the amount provided under this section is educational institution that desires to receive (b) Notwithstanding any other provision of designated as an emergency requirement pursu- assistance under this section shall— law (unless enacted with specific reference to ant to section 402 of H. Con. Res. 95 (109th Con- (A) submit a sworn financial statement and this section), the Secretary of Education is au- gress), the concurrent resolution on the budget other appropriate data, documentation, or other thorized to waive or modify, as the Secretary de- for fiscal year 2006. evidence requested by the Secretary of Edu- termines is necessary, any statutory or regu- CHAPTER 8 cation that indicates that the institution in- latory provision related to historically Black DEPARTMENT OF DEFENSE curred losses resulting from the impact of Hurri- college and university capital financing under MILITARY CONSTRUCTION canes Katrina and Rita and the monetary part D of title III of the Higher Education Act amount of such losses; of 1965 (20 U.S.C. 1066 et seq.), in connection MILITARY CONSTRUCTION, NAVY (B) demonstrate that the institution attempted with a Gulf hurricane disaster, to ensure that— For an additional amount for ‘‘Military Con- to minimize the cost of any losses by pursuing (1) the calculation of financing need under struction, Navy’’ for necessary expenses related collateral source compensation from the Federal section 343 of such Act (20 U.S.C. 1066b) for an to the consequences of Hurricane Katrina and Emergency Management Agency, the Small affected institution is modified to reflect any other hurricanes of the 2005 season, $44,770,000, Business Administration, and insurance prior to changes in the financial condition of the insti- to remain available until September 30, 2010: seeking assistance under this section; and tution as a result of the Gulf hurricane disaster; Provided, That such funds may be obligated or (C) demonstrate that the institution has not and expended for planning and design and military been able to reopen in existing facilities or fully (2) an affected institution that was not receiv- construction projects not otherwise authorized reopen to the levels that existed before the im- ing assistance under such part before the Gulf by law: Provided further, That the amount pro- pact of such hurricanes. hurricane disaster is eligible to apply for capital vided under this heading is designated as an

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3466 CONGRESSIONAL RECORD — SENATE April 25, 2006 emergency requirement pursuant to section 402 other hurricanes of the 2005 season, $623,000,000, priation to purchase a site for and the new con- of H. Con. Res. 95 (109th Congress), the concur- to remain available until expended: Provided, struction, restoration or replacement of the De- rent resolution on the budget for fiscal year That of that amount, $62,000,000 shall be for the partment of Veterans Affairs Medical Centers, 2006. disposal, environmental cleanup and debris re- New Orleans, Louisiana; and Biloxi, Mis- MILITARY CONSTRUCTION, AIR FORCE moval of the Department of Veterans Affairs’ sissippi. For an additional amount for ‘‘Military Con- land in Gulfport, Mississippi: Provided further, ARMED FORCES RETIREMENT HOME struction, Air Force’’ for necessary expenses re- That the amount provided under this heading is (TRANSFER OF FUNDS) designated as an emergency requirement pursu- lated to the consequences of Hurricane Katrina SEC. 2805. The following unobligated balances and other hurricanes of the 2005 season, ant to section 402 of H. Con. Res. 95 (109th Con- shall be transferred to the Armed Forces Retire- $103,500,000, to remain available until September gress), the concurrent resolution on the budget ment Home ‘‘Major Construction’’ account, to 30, 2010: Provided, That such funds may be obli- for fiscal year 2006. remain available until expended, for the plan- gated or expended for planning and design and RELATED AGENCY ning and design and construction of a new military construction projects not otherwise au- ARMED FORCES RETIREMENT HOME Armed Forces Retirement Home in Gulfport, thorized by law: Provided further, That the MAJOR CONSTRUCTION Mississippi from amounts appropriated under amount provided under this heading is des- the heading ‘‘Armed Forces Retirement Home’’ For an additional amount for ‘‘Major Con- ignated as an emergency requirement pursuant in chapter 7 of division B of Public Law 109–148 struction’’ for necessary expenses related to the to section 402 of H. Con. Res. 95 (109th Con- (119 Stat. 2769), $45,000,000 provided for Armed consequences of Hurricane Katrina and other gress), the concurrent resolution on the budget Forces Retirement Home-Gulfport; and unobli- hurricanes of the 2005 season, $176,000,000, to re- for fiscal year 2006. gated balances of funds provided in fiscal years main available until expended: Provided, That 1998 through 2004 for construction and renova- MILITARY CONSTRUCTION, ARMY NATIONAL such funds may be obligated or expended for tion of the physical plants at the United States GUARD planning and design and construction projects Naval Home/Armed Forces Retirement Home- For an additional amount for ‘‘Military Con- not otherwise authorized by law: Provided fur- Gulfport: Provided, That the amount provided struction, Army National Guard’’ for necessary ther, That these funds shall be used for the or otherwise made available under this section is expenses related to the consequences of Hurri- planning and design and construction of a new designated as an emergency requirement pursu- cane Katrina and other hurricanes of the 2005 Armed Forces Retirement Home in Gulfport, ant to section 402 of H. Con. Res. 95 (109th Con- season, $210,071,000, to remain available until Mississippi: Provided further, That the amount gress), the concurrent resolution on the budget September 30, 2010: Provided, That such funds provided under this heading is designated as an for fiscal year 2006. may be obligated or expended for planning and emergency requirement pursuant to section 402 design and military construction projects not of H. Con. Res. 95 (109th Congress), the concur- CHAPTER 9 otherwise authorized by law: Provided further, rent resolution on the budget for fiscal year DEPARTMENT OF TRANSPORTATION That the amount provided under this heading is 2006. FEDERAL HIGHWAY ADMINISTRATION designated as an emergency requirement pursu- GENERAL PROVISIONS—THIS CHAPTER ant to section 402 of H. Con. Res. 95 (109th Con- FEDERAL-AID HIGHWAYS gress), the concurrent resolution on the budget MILITARY CONSTRUCTION EMERGENCY RELIEF PROGRAM for fiscal year 2006: Provided further, That the (WAIVER OF LIMITATION) For an additional amount for ‘‘Emergency re- amount appropriated under this heading in the SEC. 2801. The limitation of Federal contribu- lief program’’ as authorized under 23 U.S.C. 125, Emergency Supplemental Appropriations Act to tion established under section 18236(b) of title 10 $594,000,000, to remain available until expended, Address Hurricanes in the Gulf of Mexico and is hereby waived for projects appropriated in to be made available to carry out projects eligi- Pandemic Influenza, 2006 (division B, Public this chapter. ble for reimbursement under 23 U.S.C. 125 not Law 109–148) shall remain available until Sep- DEPARTMENT OF VETERANS AFFAIRS otherwise funded in other Appropriations Acts and identified under ‘‘Total Backlog’’ in the tember 30, 2010. (INCLUDING RESCISSION AND TRANSFER OF FUNDS) MILITARY CONSTRUCTION, AIR NATIONAL GUARD Federal Highway Administration table entitled SEC. 2802. (a) Of the amounts made available ‘‘Emergency Relief Program Fund Requests— For an additional amount for ‘‘Military Con- in chapter 7 of the title I of division B of Public updated 03/28/06’’ as well as projects eligible for struction, Air National Guard’’ for necessary ex- Law 109–148, ‘‘Department of Veterans Affairs’’, reimbursement resulting from 2006 flooding in penses related to the consequences of Hurricane ‘‘Veterans Health Administration’’, ‘‘Medical the State of Hawaii: Provided, That notwith- Katrina and other hurricanes of the 2005 sea- Services’’, $198,265,000 are hereby rescinded. standing 23 U.S.C. 120(e), the Federal share for son, $5,800,000, to remain available until Sep- (b) For an additional amount for ‘‘Depart- all projects for repairs or reconstruction of high- tember 30, 2010: Provided, That such funds may ment of Veterans Affairs’’, ‘‘Veterans Health ways, roads, bridges, and trails to respond to be obligated or expended for planning and de- Administration’’, ‘‘Medical Services’’, damage caused by Hurricanes Katrina, Rita, sign and military construction projects not oth- $198,265,000, to remain available until expended, and Wilma shall be 100 percent: Provided fur- erwise authorized by law: Provided further, for necessary expenses related to the con- ther, That notwithstanding 23 U.S.C. 125(d)(1), That the amount provided under this heading is sequences of hurricanes in the Gulf of Mexico in the Secretary of Transportation may obligate designated as an emergency requirement pursu- calendar year 2005. more than $100,000,000 for such projects in a ant to section 402 of H. Con. Res. 95 (109th Con- (c) The funds made available in subsection (b) State in a fiscal year, to respond to damage gress), the concurrent resolution on the budget may be transferred to the ‘‘Department of Vet- caused by Hurricanes Dennis, Katrina, Rita, or for fiscal year 2006. erans Affairs’’, ‘‘Veterans Health Administra- Wilma and by the 2004–2005 winter storms in the MILITARY CONSTRUCTION, NAVAL RESERVE tion’’, ‘‘Medical Services’’, ‘‘Medical Adminis- State of California: Provided further, That any (INCLUDING RESCISSION OF FUNDS) tration’’, ‘‘Medical Facilities’’, ‘‘Departmental amounts in excess of those necessary for emer- For an additional amount for ‘‘Military Con- Administration’’, ‘‘Construction, Minor gency expenses relating to the eligible projects struction, Naval Reserve’’ for necessary ex- Projects’’, and ‘‘Information Technology Sys- cited in the first sentence of this paragraph may penses related to the consequences of Hurricane tems’’ accounts as required. be used for other projects authorized under 23 Katrina and other hurricanes of the 2005 sea- (d) Not less than 15 days prior to making any U.S.C. 125: Provided further, That the amounts son, $24,270,000, to remain available until Sep- such transfer as authorized under subsection provided under this heading are designated as tember 30, 2010: Provided, That such funds may (c), the Department shall notify the Committees an emergency requirement pursuant to section be obligated or expended for planning and de- on Appropriations of both Houses of Congress. 402 of H. Con. Res. 95 (109th Congress), the con- sign and military construction projects not oth- (e) This section is designated as an emergency current resolution on the budget for fiscal year erwise authorized by law: Provided further, requirement pursuant to section 402 of H. Con. 2006. Res. 95 (109th Congress), the concurrent resolu- That the amount provided under this heading is FEDERAL TRANSIT ADMINISTRATION designated as an emergency requirement pursu- tion on the budget for fiscal year 2006. EMERGENCY ASSISTANCE FOR PUBLIC ant to section 402 of H. Con. Res. 95 (109th Con- DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION gress), the concurrent resolution on the budget LAND TRANSFER For grants to State or local governmental enti- for fiscal year 2006: Provided further, That the SEC. 2803. Notwithstanding any other provi- ties directly affected by Hurricane Katrina for amount appropriated under this heading in the sion of law, within six months of enactment of expenses related to emergency response and re- Emergency Supplemental Appropriations Act to this Act, the Secretary of Veterans Affairs is au- covery of public transportation equipment, fa- Address Hurricanes in the Gulf of Mexico and thorized and directed to cleanup and transfer cilities and services, as determined by the Sec- Pandemic Influenza, 2006 (division B, Public all land parcels of the Department’s land in retary of Transportation, $200,000,000, to remain Law 109–148) shall remain available until Sep- Gulfport, Mississippi to the city of Gulfport, available until expended: Provided, That for re- tember 30, 2010, except that, of such amount Mississippi. $49,530,000 are rescinded. cipients of assistance under chapter 53 of title DEPARTMENT OF VETERANS AFFAIRS 49, United States Code, directly affected by Hur- DEPARTMENT OF VETERANS AFFAIRS NEW ORLEANS AND BILOXI MEDICAL FACILITIES ricane Katrina, the Secretary may waive the DEPARTMENTAL ADMINISTRATION SEC. 2804. Notwithstanding any other provi- Federal matching share requirements for Fed- CONSTRUCTION, MAJOR PROJECTS sion of law, and within the amounts appro- eral transit assistance programs under such For an additional amount for ‘‘Construction, priated for this purpose, the Secretary of Vet- chapter, including the Federal matching share Major Projects’’ for necessary expenses related erans Affairs may obligate and expend funds requirements contained in existing Federal as- to the consequences of Hurricane Katrina and from the ‘‘Construction, Major Projects’’ appro- sistance grant agreements: Provided further,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3467 That the Secretary may allow such recipients to project-based assistance used to support the re- finding of compelling need: Provided further, use such assistance for operating assistance, construction, rebuilding and repair of assisted That the Secretary shall publish in the Federal notwithstanding the terms and conditions con- housing that suffered the consequences of Hur- Register any waiver of any statute or regulation tained in existing Federal assistance grant ricane Katrina and other hurricanes of the 2005 that the Secretary administers pursuant to title agreements: Provided further, That the Sec- season, and may include new structures sup- I of the Housing and Community Development retary may waive any other Federal transit as- ported under the low income tax credit program: Act of 1974 no later than 5 days before the effec- sistance grant requirements under such chapter Provided further, That all previously assisted tive date of such waiver: Provided further, That or sections 3037 and 3038 of the Federal Transit HUD project-based housing shall be accorded a every waiver made by the Secretary must be re- Act of 1998, including those requirements con- preference in the use of this project-based assist- considered according to the three previous pro- tained in existing Federal assistance grant ance: Provided further, That, notwithstanding visos on the two-year anniversary of the day the agreements to facilitate emergency response and any other provision of law, after providing a Secretary published the waiver in the Federal recovery of public transportation equipment, fa- first right of return to all households in the St. Register: Provided further, That prior to the ob- cilities and services by such recipients: Provided Bernard, Orleans, Plaquemines, Jefferson, and ligation of funds each State shall submit a plan further, That the authority of the Secretary St. Tammany Parishes eligible for project-based to the Secretary detailing the proposed use of all hereunder shall expire two years after the date housing assistance under this heading and funds, including criteria for eligibility and how of enactment of this section, unless determined under this heading in division B, Public Law the use of these funds will address long-term re- otherwise by the Secretary for a compelling 109–148, owners may then offer remaining avail- covery and restoration of infrastructure: Pro- need: Provided further, That the amount pro- able dwelling units to city and parish employees vided further, That prior to the obligation of vided under this heading is designated as an from those parishes for a period of not to exceed funds to each State, the Secretary shall ensure emergency requirement pursuant to section 402 12 months: Provided further, That the amounts that such plan gives priority to infrastructure of H. Con. Res. 95 (109th Congress), the concur- provided under this heading are designated as development and rehabilitation and the reha- rent resolution on the budget for fiscal year an emergency requirement pursuant to section bilitation and reconstruction of the affordable 2006. 402 of H. Con. Res. 95 (109th Congress), the con- rental housing stock including public and other current resolution on the budget for fiscal year HUD-assisted housing: Provided further, That FEDERAL RAILROAD ADMINISTRATION 2006. each State will report quarterly to the Commit- CAPITAL GRANTS FOR RAIL LINE RELOCATION COMMUNITY PLANNING AND DEVELOPMENT tees on Appropriations on all awards and uses PROJECTS of funds made available under this heading, in- COMMUNITY DEVELOPMENT FUND Notwithstanding any other provision of law, cluding specifically identifying all awards of to enable the Secretary of Transportation to (INCLUDING TRANSFER OF FUNDS) sole-source contracts and the rationale for mak- make a grant under 49 U.S.C. 20154, for the pur- For an additional amount for the ‘‘Commu- ing the award on a sole-source basis: Provided pose of facilitating the relocation of a rail line nity development fund’’, for necessary expenses further, That the Secretary shall notify the that was destroyed or received significant dam- related to disaster relief, long-term recovery, Committees on Appropriations on any proposed age as the result of Hurricane Katrina and and restoration of infrastructure in the most im- allocation of any funds and any related waivers other hurricanes of the 2005 season, $700,000,000, pacted and distressed areas related to the con- made pursuant to these provisions under this to remain available until expended: Provided, sequences of Hurricane Katrina and other hur- heading no later than 5 days before such waiver That relocating a significant portion of the rail ricanes of the 2005 season in States for which is made: Provided further, That the Secretary traffic from a rail line destroyed or damaged to the President declared a major disaster under shall establish procedures to prevent recipients an existing rail corridor or corridors inland, and title IV of the Robert T. Stafford Disaster Relief from receiving any duplication of benefits and thus less vulnerable to damage by future hurri- and Emergency Assistance Act (42 U.S.C. 5121 et report quarterly to the Committees on Appro- canes, and which permits the abandonment and seq.) in conjunction with Hurricane Katrina priations with regard to all steps taken to pre- alternative use of significant portions of the and other hurricanes of the 2005 season, vent fraud and abuse of funds made available right-of-way of the rail line destroyed or dam- $5,200,000,000, to remain available until ex- under this heading including duplication of aged in 2005, shall be a permissible relocation of pended, for activities authorized under title I of benefits: Provided further, That of the amounts said rail line pursuant to 49 U.S.C. 20154: Pro- the Housing and Community Development Act made available under this heading, the Sec- vided further, That paragraphs (2), (3), and (4) of 1974 (Public Law 93–383): Provided, That retary shall transfer $12,000,000 to the Office of of subsection (c) of section 20154 and subsection funds provided under this heading shall be ad- Inspector General for costs associated with over- (d) of section 20154 shall not apply in the con- ministered through an entity or entities des- sight: Provided further, That none of the funds sideration of an application or award of a grant ignated by the Governor of each State: Provided provided under this heading may be used by a under this provision: Provided further, That the further, That such funds may not be used for State or locality as a matching requirement, amount provided under this heading is des- activities reimbursable by or for which funds are share, or contribution for any other Federal ignated as an emergency requirement pursuant made available by the Federal Emergency Man- program: Provided further, That the amounts to section 402 of H. Con. Res. 95 (109th Con- agement Agency, the Small Business Adminis- provided under this heading are designated as gress), the concurrent resolution on the budget tration, or the Army Corps of Engineers: Pro- an emergency requirement pursuant to section for fiscal year 2006. vided further, That funds allocated under this 402 of H. Con. Res. 95 (109th Congress), the con- heading shall not adversely affect the amount of DEPARTMENT OF HOUSING AND URBAN current resolution on the budget for fiscal year any formula assistance received by a State DEVELOPMENT 2006. under this heading: Provided further, That each INDEPENDENT AGENCY PUBLIC AND INDIAN HOUSING State may use up to five percent of its allocation GENERAL SERVICES ADMINISTRATION TENANT-BASED RENTAL ASSISTANCE for administrative costs: Provided further, That For an additional amount for ‘‘Tenant-Based not less than $1,000,000,000 from funds made FEDERAL BUILDINGS FUND Rental Assistance’’ for tenant-based and available on a pro-rata basis according to the For an additional amount for the ‘‘Federal project-based assistance for households within allocation made to each State under this head- Buildings Fund’’ for necessary expenses related the area declared a major disaster under the ing shall be used for repair, rehabilitation, and to the consequences of Hurricane Katrina and Robert T. Stafford Disaster Relief and Emer- reconstruction (including demolition, site clear- other hurricanes of the 2005 season, $37,000,000, gency Assistance Act (42 U.S.C. 5121 et seq.) re- ance and remediation) of the affordable rental from the General Fund and to remain available lated to the consequences of Hurricane Katrina housing stock (including public and other HUD- until expended: Provided, That notwithstanding and other hurricanes of the 2005 season, assisted housing) in the impacted areas: Pro- 40 U.S.C. 3307, the Administrator of General $202,000,000, to remain available until September vided further, That in administering the funds Services is authorized to proceed with repairs 30, 2007, of which not to exceed $5,000,000 is for under this heading, the Secretary of Housing and alterations for affected buildings: Provided the administrative and related information tech- and Urban Development may waive, or specify further, That the amount provided under this nology costs of the Department of Housing and alternative requirements for, any provision of heading is designated as an emergency require- Urban Development: Provided, That such any statute or regulation that the Secretary ad- ment pursuant to section 402 of H. Con. Res. 95 households shall be limited to those identified ministers in connection with the obligation by (109th Congress), the concurrent resolution on under this heading in division B, Public Law the Secretary or the use by the recipient of these the budget for fiscal year 2006. 109–148 and to those which, prior to Hurricane funds or guarantees (except for requirements re- TITLE III Katrina or Rita, received assistance under sec- lated to fair housing, nondiscrimination, labor EMERGENCY AGRICULTURAL DISASTER tion 236 or under section 221(d)(3) pursuant to standards, and the environment), upon a re- ASSISTANCE section 221(d)(5) of the National Housing Act, or quest by the State that such waiver is required SEC. 3001. SHORT TITLE. section 101 of the Housing and Urban Develop- to facilitate the use of such funds or guarantees, This title may be cited as the ‘‘Emergency Ag- ment Act of 1965: Provided further, That, except and a finding by the Secretary that such waiver ricultural Disaster Assistance Act of 2006’’. as otherwise provided, such funds shall be sub- would not be inconsistent with the overall pur- SEC. 3002. DEFINITIONS. ject to the terms and conditions of amounts pro- pose of the statute: Provided further, That the In this title: vided under this heading in division B, Public Secretary may waive the requirement that ac- (1) ADDITIONAL COVERAGE.—The term ‘‘addi- Law 109–148, except that section 8(o)(7)(A) of tivities benefit persons of low and moderate in- tional coverage’’ has the meaning given the term the United States Housing Act of 1937 shall not come, except that at least 50 percent of the in section 502(b)(1) of the Federal Crop Insur- apply to funds under such heading and under funds made available under this heading must ance Act (7 U.S.C. 1502(b)(1)). this heading: Provided further, That no less benefit primarily persons of low and moderate (2) DISASTER COUNTY.—The term ‘‘disaster than $100,000,000 shall be made available as income unless the Secretary otherwise makes a county’’ means—

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3468 CONGRESSIONAL RECORD — SENATE April 25, 2006 (A) a county included in the geographic area (2) the 2006 crop due to flooding in California (A) in the case of an insurable commodity, did covered by a natural disaster declaration; and and Hawaii that occurred prior to the date of not obtain a policy or plan of insurance for the (B) each county contiguous to a county de- enactment of this Act and for which a petition insurable commodity under the Federal Crop In- scribed in subparagraph (A). for a disaster designation has been filed with surance Act (7 U.S.C. 1501 et seq.) for the crop (3) HURRICANE-AFFECTED COUNTY.—The term the Secretary not later than that date. incurring the losses; ‘‘hurricane-affected county’’ means— (d) QUALITY LOSSES.— (B) in the case of a noninsurable commodity, (A) a county included in the geographic area (1) IN GENERAL.—Subject to paragraph (3), the did not file the required paperwork, and pay the covered by a natural disaster declaration related amount of a payment made to producers on a administrative fee by the applicable State filing to Hurricane Katrina, Hurricane Rita, Hurri- farm for a quality loss for a crop under sub- deadline, for the noninsurable commodity under cane Wilma, or a related condition; and section (c)(2) shall be equal to the amount ob- section 196 of the Federal Agriculture Improve- (B) each county contiguous to a county de- tained by multiplying— ment and Reform Act of 1996 (7 U.S.C. 7333) for scribed in subparagraph (A). (A) 65 percent of the payment quantity deter- the crop incurring the losses; (4) INSURABLE COMMODITY.—The term ‘‘insur- mined under paragraph (2); by (C) had average adjusted gross income (as de- (B) 50 percent of the payment rate determined able commodity’’ means an agricultural com- fined by section 1001D(a) of the Food Security modity (excluding livestock) for which the pro- under paragraph (3). (2) PAYMENT QUANTITY.—For the purpose of Act of 1985 (7 U.S.C. 1308–3a(a)), of greater than ducers on a farm are eligible to obtain a policy $2,500,000 in 2004; or or plan of insurance under the Federal Crop In- paragraph (1)(A), the payment quantity for (D) were not in compliance with highly erod- surance Act (7 U.S.C. 1501 et seq.). quality losses for a crop of a commodity on a ible land conservation and wetland conservation (5) LIVESTOCK.—The term ‘‘livestock’’ in- farm shall equal the lesser of— provisions. cludes— (A) the actual production of the crop affected (A) cattle (including dairy cattle); by a quality loss of the commodity on the farm; (2) CONTRACT WAIVER.—The Secretary may (B) bison; or waive paragraph (1) with respect to the pro- (C) sheep; (B) the quantity of expected production of the ducers on a farm if the producers enter into a (D) swine; and crop affected by a quality loss of the commodity contract with the Secretary under which the (E) other livestock, as determined by the Sec- on the farm, using the formula used by the Sec- producers agree— retary. retary to determine quantity losses for the crop (A) in the case of an insurable commodity, to (6) NATURAL DISASTER DECLARATION.—The of the commodity under subsection (c)(1). obtain a policy or plan of insurance under the term ‘‘natural disaster declaration’’ means— (3) PAYMENT RATE.—For the purpose of para- Federal Crop Insurance Act (7 U.S.C. 1501 et (A) a natural disaster declared by the Sec- graph (1)(B) and in accordance with para- seq.) providing additional coverage for the in- retary— graphs (5) and (6), the payment rate for quality surable commodity for each of the next 2 crops, (i) during calendar year 2005 under section losses for a crop of a commodity on a farm shall at a coverage level that provides— 321(a) of the Consolidated Farm and Rural De- be equal to the difference between— (i) not less than 65 percent of the actual pro- velopment Act (7 U.S.C. 1961(a)); or (A) the per unit market value that the units of duction history for the crop produced on the (ii) during calendar year 2006 under that sec- the crop affected by the quality loss would have farm; and tion, but for which a request was pending as of had if the crop had not suffered a quality loss; (ii) 100 percent of the expected market price or the date of enactment of this Act; or and a comparable coverage (as determined by the (B) a major disaster or emergency designated (B) the per unit market value of the units of Federal Crop Insurance Corporation); and the crop affected by the quality loss. by the President— (B) in the case of a noninsurable commodity, (4) ELIGIBILITY.—For producers on a farm to (i) during calendar year 2005 under the Robert to file the required paperwork and pay the ad- be eligible to obtain a payment for a quality loss T. Stafford Disaster Relief and Emergency As- ministrative fee by the applicable State filing for a crop under subsection (c)(2), the amount sistance Act (42 U.S.C. 5121 et seq.); or deadline, for the noninsurable commodity for obtained by multiplying the per unit loss deter- (ii) during calendar year 2006 under that Act, each of the next 2 crops under section 196 of the mined under paragraph (1) by the number of but for which a request was pending as of the Federal Agriculture Improvement and Reform units affected by the quality loss shall be at date of enactment of this Act. Act of 1996 (7 U.S.C. 7333). (7) NONINSURABLE COMMODITY.—The term least 25 percent of the value that all affected (3) EFFECT OF VIOLATION.—In the event of the ‘‘noninsurable commodity’’ means a crop for production of the crop would have had if the violation of a contract under paragraph (2) by which the producers on a farm are eligible to ob- crop had not suffered a quality loss. a producer, the producer shall reimburse the tain assistance under section 196 of the Federal (5) MARKETING CONTRACTS.—In the case of Secretary for the full amount of the assistance Agriculture Improvement and Reform Act of any production of a commodity that is sold pur- provided to the producer under this section. 1996 (7 U.S.C. 7333). suant to 1 or more marketing contracts (regard- IMING (8) SECRETARY.—The term ‘‘Secretary’’ means less of whether the contract is entered into by (f) T .— the Secretary of Agriculture. the producers on the farm before or after har- (1) IN GENERAL.—Subject to paragraph (2), the Secretary shall make payments to producers on Subtitle A—Agricultural Production Losses vest) and for which appropriate documentation exists, the quantity designated in the contracts a farm for a crop under this section not later SEC. 3011. CROP DISASTER ASSISTANCE. shall be eligible for quality loss assistance based than 60 days after the date the producers on the (a) IN GENERAL.—The Secretary shall use on the 1 or more prices specified in the con- farm submit to the Secretary a completed appli- such sums as are necessary of funds of the Com- tracts. cation for the payments. modity Credit Corporation to make emergency (6) OTHER PRODUCTION.—For any additional (2) INTEREST.—If the Secretary does not make financial assistance authorized under this sec- production of a commodity for which a mar- payments to the producers on a farm by the date tion available to producers on a farm that have keting contract does not exist or for which pro- described in paragraph (1), the Secretary shall incurred qualifying losses described in sub- duction continues to be owned by the producer, pay to the producers on a farm interest on the section (c). quality losses shall be based on the average payments at a rate equal to the current (as of (b) ADMINISTRATION.— local market discounts for reduced quality, as the sign-up deadline established by the Sec- (1) IN GENERAL.—Except as provided in para- determined by the appropriate State committee retary) market yield on outstanding, marketable graph (2), the Secretary shall make assistance of the Farm Service Agency. obligations of the United States with maturities available under this section in the same manner (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— of 30 years. as provided under section 815 of the Agriculture, The appropriate State committee of the Farm SEC. 3012. LIVESTOCK ASSISTANCE. Rural Development, Food and Drug Administra- Service Agency shall identify the appropriate (a) LIVESTOCK COMPENSATION PROGRAM.— tion and Related Agencies Appropriations Act, quality adjustment and discount factors to be (1) USE OF COMMODITY CREDIT CORPORATION 2001 (Public Law 106–387; 114 Stat. 1549A–55), considered in carrying out this subsection, in- FUNDS.—Effective beginning on the date of en- including using the same loss thresholds for cluding— quantity and economic losses as were used in (A) the average local discounts actually ap- actment of this Act, the Secretary shall use administering that section, except that the pay- plied to a crop; and funds of the Commodity Credit Corporation to ment rate shall be 50 percent of the established (B) the discount schedules applied to loans carry out the 2002 Livestock Compensation Pro- price, instead of 65 percent. made by the Farm Service Agency or crop insur- gram announced by the Secretary on October 10, (2) LOSS THRESHOLDS FOR QUALITY LOSSES.— ance coverage under the Federal Crop Insur- 2002 (67 Fed. Reg. 63070), to provide compensa- In the case of a payment for quality loss for a ance Act (7 U.S.C. 1501 et seq.). tion for livestock losses during calendar years crop under subsection (c)(2), the loss thresholds (8) ELIGIBLE PRODUCTION.—The Secretary 2005 and 2006 for losses that occurred prior to for quality loss for the crop shall be determined shall carry out this subsection in a fair and eq- the date of enactment of this Act (including under subsection (d). uitable manner for all eligible production, in- wildfire disaster losses in the State of Texas and (c) QUALIFYING LOSSES.—Assistance under cluding the production of fruits and vegetables, other States) due to a disaster, as determined by this section shall be made available to producers other specialty crops, and field crops. the Secretary, except that the payment rate on farms, other than producers of sugar cane (e) ELIGIBILITY FOR ASSISTANCE.— shall be 75 percent of the payment rate estab- and sugar beets, that incurred qualifying quan- (1) IN GENERAL.—Except as provided in para- lished for the 2002 Livestock Compensation Pro- tity or quality losses for— graph (2), the producers on a farm shall not be gram. (1) the 2005 crop due to damaging weather or eligible for assistance under this section with re- (2) ELIGIBLE APPLICANTS.—In carrying out the any related condition (including losses due to spect to losses to an insurable commodity or program described in paragraph (1), the Sec- crop diseases, insects, and delayed harvest), as noninsurable commodity if the producers on the retary shall provide assistance to any applicant determined by the Secretary; and farm— that—

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(A)(i) conducts a livestock operation that is (1) IN GENERAL.—To be eligible to receive com- for a fiscal year is insufficient to compensate all located in a disaster county, including any ap- pensation under this section, an owner shall eligible owners under this section, the Secretary plicant conducting a livestock operation with el- own land described in subsection (a) that, dur- shall pro-rate payments for that fiscal year on igible livestock (within the meaning of the live- ing the 2 crop years preceding receipt of com- a per acre basis. stock assistance program under section 101(b) of pensation, was rendered incapable of use for the SEC. 3014. SUGARCANE AND SUGAR BEET DIS- division B of Public Law 108–324 (118 Stat. production of an agricultural commodity or for ASTER ASSISTANCE. 1234)); or grazing purposes (in a manner consistent with (a) FLORIDA.—The Secretary of Agriculture (ii) produces an animal described in section the historical use of the land) as the result of shall use $120,000,000 of funds of the Commodity 10806(a)(1) of the Farm Security and Rural In- flooding, as determined by the Secretary. Credit Corporation to make payments to proc- vestment Act of 2002 (21 U.S.C. 321d(a)(1)); and (2) INCLUSIONS.—Land described in paragraph essors in Florida that are eligible to obtain a (B) meets all other eligibility requirements es- (1) shall include— loan under section 156(a) of the Federal Agri- tablished by the Secretary for the program. (A) land that has been flooded; culture Improvement and Reform Act of 1996 (7 (3) MITIGATION.—In determining the eligibility (B) land that has been rendered inaccessible U.S.C. 7272(a)) to compensate first processors for or amount of payments for which a producer due to flooding; and and producers for crop and other losses in hur- (C) a reasonable buffer strip adjoining the is eligible under the livestock compensation pro- ricane-affected counties that are related to hur- flooded land, as determined by the Secretary. gram, the Secretary shall not penalize a pro- ricanes, tropical storms, excessive rains, floods, (3) ADMINISTRATION.—The Secretary may es- ducer that takes actions (recognizing disaster and wind in Florida during calendar year 2005, conditions) that reduce the average number of tablish— (A) reasonable minimum acreage levels for in- by an agreement on the same terms and condi- livestock the producer owned for grazing during dividual parcels of land for which owners may tions, to the maximum extent practicable, as the the production year for which assistance is receive compensation under this section; and payments made under section 102 of the Emer- being provided. (B) the location and area of adjoining flooded gency Supplemental Appropriations for Hurri- (4) LIMITATION.—The Secretary shall ensure, land for which owners may receive compensa- cane Disasters Assistance Act of 2005 (Public to the maximum extent practicable, that no pro- tion under this section. Law 108–324; 118 Stat. 1235), including that the ducer on a farm receives duplicative payments (c) SIGN-UP.—The Secretary shall establish a 2005 base production of each harvesting unit under this subsection and another Federal pro- sign-up program for eligible owners to apply for shall be determined using the same base year gram with respect to any loss. compensation from the Secretary under this sec- crop production history that was used pursuant (b) LIVESTOCK INDEMNITY PAYMENTS.— tion. to the agreement under that section. (1) IN GENERAL.—The Secretary shall use such (d) COMPENSATION PAYMENTS.— (b) LOUISIANA.— sums as are necessary of funds of the Com- (1) IN GENERAL.—Subject to paragraphs (2) (1) COMPENSATION FOR LOSSES.—The Secretary modity Credit Corporation to make livestock in- and (3), the rate of an annual compensation shall use the funds, facilities, and authorities of demnity payments to producers on farms that payment under this section shall be equal to 90 the Commodity Credit Corporation to make have incurred livestock losses during calendar percent of the average annual per acre rental $120,000,000 in payments to first processors of years 2005 and 2006 for losses that occurred payment rate (at the time of entry into the con- sugarcane that operate in a disaster county in prior to the date of enactment of this Act (in- tract) for comparable crop or grazing land that Louisiana, or obtain sugarcane from a disaster cluding wildfire disaster losses in the State of has not been flooded and remains in production county in Louisiana, and that are eligible to ob- Texas and other States) due to a disaster, as de- in the county where the flooded land is located, tain a loan under section 156(a) of the Federal termined by the Secretary, including losses due as determined by the Secretary. Agriculture Improvement and Reform Act of to hurricanes, floods, anthrax, and wildfires. (2) REDUCTION.—An annual compensation 1996 (7 U.S.C. 7272(a)), to compensate the pro- (2) PAYMENT RATES.—Indemnity payments to payment under this section shall be reduced by ducers and first processors for crop and other a producer on a farm under paragraph (1) shall the amount of any conservation program rental losses due to Hurricane Katrina, Hurricane be made at a rate of not less than 30 percent of payments or Federal agricultural commodity Rita, or related conditions. the market value of the applicable livestock on program payments received by the owner for the (2) ADMINISTRATION.—Assistance under this the day before the date of death of the livestock, land during any crop year for which compensa- subsection shall be— as determined by the Secretary. tion is received under this section. (A) shared by an affected first processor with (c) LIVESTOCK INDEMNITY PROGRAM FOR CON- (3) EXCLUSION.—During any year in which an affected producers that provide commodities to TRACT GROWERS.— owner receives compensation for flooded land the processor in a manner that reflects contracts (1) IN GENERAL.—Subject to subsection (d), the under this section, the owner shall not be eligi- entered into between the processor and the pro- Secretary shall use funds of the Commodity ble to participate in or receive benefits for the ducers, except with respect to a portion of the Credit Corporation to establish a program to as- flooded land under— amount of total assistance described under sist poultry producers in hurricane-affected (A) the Federal crop insurance program estab- paragraph (1) necessary to compensate affected counties that suffered income losses. lished under the Federal Crop Insurance Act (7 producers for individual losses experienced by (2) TERMS AND CONDITIONS.—The program es- U.S.C. 1501 et seq.); the producers, including losses due to saltwater tablished under paragraph (1) shall contain (B) the noninsured crop assistance program intrusion, flooding, wind damage, or increased similar terms and conditions as the terms and established under section 196 of the Federal Ag- planting, replanting, or harvesting costs, which conditions used for the livestock indemnity pro- riculture Improvement and Reform Act of 1996 (7 shall be transferred by the first processor to the gram for contract growers described in subpart U.S.C. 7333); or affected producers without regard to contrac- E of chapter XIV of title 7, Code of Federal Reg- (C) any Federal agricultural crop disaster as- tual share arrangements; and ulations (as in effect on January 1, 2002). sistance program. (B) made available under such terms and con- (d) EWE LAMB REPLACEMENT AND RETEN- (e) RELATIONSHIP TO AGRICULTURAL COM- ditions as the Secretary determines are nec- TION.— MODITY PROGRAMS.—The Secretary, by regula- essary to carry out this subsection. tion, shall provide for the preservation of crop- (1) IN GENERAL.—The Secretary shall use (3) LOSS DETERMINATION.—In carrying out $15,000,000 of funds of the Commodity Credit land base, allotment history, and payment this subsection, the Secretary shall use the same Corporation to make payments under the Ewe yields applicable to land described in subsection base year to determine crop loss that was elected Lamb Replacement and Retention Payment Pro- (a) that was rendered incapable of use for the by a producer to determine crop loss in carrying gram under part 784 of title 7, Code of Federal production of an agricultural commodity or for out the hurricane assistance program under sec- Regulations (or a successor regulation) for each grazing purposes as the result of flooding. tion 207 of the Agricultural Assistance Act of (f) USE OF LAND.— qualifying ewe lamb retained or purchased dur- 2003 (Public Law 108–7; 117 Stat. 543). (1) IN GENERAL.—An owner that receives com- ing the period beginning on January 1, 2006, (c) FUNDING.—The Secretary shall use and ending on December 31, 2006. pensation under this section for flooded land shall take such actions as are necessary to not $40,000,000 of funds of the Commodity Credit (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A Corporation to provide assistance to sugar beet producer that receives assistance under this sub- degrade any wildlife habitat on the land that has naturally developed as a result of the flood- producers that suffered production losses (in- section shall not be eligible to receive assistance cluding quality losses) for the 2005 crop year. under subsection (a). ing. (2) RECREATIONAL ACTIVITIES.—To encourage (d) REQUIREMENT.—The Secretary shall make (e) LIMIT ON AMOUNT OF ASSISTANCE.—The owners that receive compensation for flooded payments under subsection (c) in the same man- Secretary shall ensure, to the maximum extent ner as payments were made under section 208 of practicable, that no producer on a farm receives land to allow public access to and use of the land for recreational activities, as determined by the Agricultural Assistance Act of 2003 (Public duplicative payments under this section and Law 108–7; 117 Stat. 544), including using the any other Federal program for the same loss. the Secretary, the Secretary may— (A) offer an eligible owner additional com- same indemnity benefits as were used in car- SEC. 3013. FLOODED CROP AND GRAZING LAND. pensation; and rying out that section. (a) IN GENERAL.—The Secretary shall com- (B) provide compensation for additional acre- (e) TEXAS.—The Secretary shall use $400,000 pensate eligible owners of flooded crop and age under this section. of funds of the Commodity Credit Corporation to grazing land in— (g) FUNDING.— assist sugarcane growers in Texas by making a (1) the Devils Lake basin; and (1) IN GENERAL.—The Secretary shall use payment in that amount to the Rio Grande Val- (2) the McHugh, Lake Laretta, and Rose Lake $6,000,000 of funds of the Commodity Credit Cor- ley Sugar Growers, a farmer-owned cooperative closed drainage areas of the State of North Da- poration to carry out this section. sugarcane processor in that State, for additional kota. (2) PRO-RATED PAYMENTS.—In a case in which demurrage costs at the Port of Baton Rouge and (b) ELIGIBILITY.— the amount made available under paragraph (1) additional storage and transportation costs of

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raw sugar resulting from hurricanes during cal- Subtitle B—Supplemental Nutrition and (b) PROGRAM.—Except as otherwise provided endar year 2005, excessive rains, floods, wind, Agricultural Economic Disaster Assistance in this section, the Secretary shall use such and other related conditions. SEC. 3021. REPLENISHMENT OF SECTION 32. sums as are necessary of the funds of the Com- (f) HAWAII.—The Secretary shall use $6,000,000 (a) DEFINITION OF SPECIALTY CROP.—In this modity Credit Corporation to provide assistance of funds of the Commodity Credit Corporation to section: under the tree assistance program established assist sugarcane growers in Hawaii by making a (1) IN GENERAL.—The term ‘‘specialty crop’’ under sections 10201 through 10203 of the Farm payment in that amount to an agricultural means any agricultural crop. Security and Rural Investment Act of 2002 (7 transportation cooperative in Hawaii, the mem- (2) EXCEPTION.—The term ‘‘specialty crop’’ U.S.C. 8201 et seq.) to— bers of which are eligible to receive marketing does not include— (1) producers who suffered tree losses in hurri- assistance loans and loan deficiency payments (A) wheat; cane-affected counties; and made available under subtitle B of title I of the (B) feed grains; (2) fruit and tree nut producers in hurricane- Farm Security and Rural Investment Act of 2002 (C) oilseeds; affected counties for site preparation, replace- (7 U.S.C. 7931 et seq.). (D) cotton; ment, rehabilitation, and pruning. (g) LIMIT ON AMOUNT OF ASSISTANCE.—The (E) rice; or Secretary shall ensure, to the maximum extent (F) peanuts. (c) COSTS.—Funds made available under this practicable, that no producer on a farm receives (b) BASE STATE GRANTS.— section shall also be made available to cover duplicative payments under this section and (1) IN GENERAL.—The Secretary shall use costs associated with tree pruning, tree rehabili- any other Federal program for the same loss. $25,500,000 of funds of the Commodity Credit tation, and other appropriate tree-related activi- ties as determined by the Secretary. SEC. 3015. SPECIALTY CROPS AND NURSERY Corporation to make grants to the several CROPS. States, the District of Columbia, and the Com- (d) LIMIT ON AMOUNT OF ASSISTANCE.—The (a) IN GENERAL.—The Secretary shall use monwealth of Puerto Rico to be used to support Secretary shall ensure, to the maximum extent funds of the Commodity Credit Corporation to activities that promote agriculture. practicable, that no producer on a farm receives provide assistance to producers of specialty (2) AMOUNTS.—The amount of the grants shall duplicative payments under this section and crops and nursery crops in hurricane-affected be— any other Federal program for the same loss. counties. (A) $500,000 to each of the several States; and (B) $250,000 to each of the Commonwealth of Subtitle D—Conservation (b) ADMINISTRATION.— Puerto Rico and the District of Columbia. (1) IN GENERAL.—Assistance required by sub- SEC. 3041. NATURAL RESOURCES CONSERVATION (c) GRANTS FOR VALUE OF PRODUCTION.—The section (a) shall be carried out by the Secretary SERVICE. Secretary shall use $74,500,000 of funds of the under the same terms and conditions as the spe- (a) AUTHORITY TO CLEAR DEBRIS AND ANIMAL Commodity Credit Corporation to make a grant cial disaster relief programs carried out for pro- CARCASSES.—Notwithstanding any other provi- to each of the several States in an amount equal ducers that suffered from crop damage and tree sion of law, the Secretary, acting through the to the product obtained by multiplying— losses, and carried out related cleanup, in cer- Natural Resources Conservation Service, using (1) the share of the State of the total value of tain areas of Florida due to Hurricanes Charley, funds made available for the emergency water- specialty crop, livestock, and dairy production Frances, and Jeanne during August and Sep- shed protection program established under sec- of the United States for the 2004 crop year, as tember 2004, as described in the notice of pro- tion 403 of the Agricultural Credit Act of 1978 determined by the Secretary; by (16 U.S.C. 2203), may provide financial and gram implementation relating to Florida citrus, (2) $74,500,000. fruit, vegetable, and nursery crop disaster pro- technical assistance to remove and dispose of (d) SPECIAL CROP AND LIVESTOCK PRIORITY.— debris and animal carcasses that could ad- grams (69 Fed. Reg. 63134 (October 29, 2004)). As a condition on the receipt of a grant under versely affect health and safety on non-Federal (2) LOSS OF RECORDS.—Due to the complete this section, a State shall agree to give priority land in a hurricane-affected county. destruction of the business records of many pro- to the support of specialty crops and livestock in ducers, the Secretary shall use the best available the use of the grant funds. (b) AUTHORITY TO USE CERTAIN PRACTICES.— information in determining eligibility, deter- (e) USE OF FUNDS.—A State may use funds Notwithstanding any other provision of law, the mining losses, and calculating payment amounts from a grant awarded under this section— Secretary, acting through the Natural Resources under this section. (1) to supplement State food bank programs or Conservation Service, may use direct check-writ- (c) LIMIT ON AMOUNT OF ASSISTANCE.—The other nutrition assistance programs; ing practices and electronic transfers to provide Secretary shall ensure, to the maximum extent (2) to promote the purchase, sale, or consump- financial and technical assistance under the practicable, that no producer on a farm receives tion of agricultural products; emergency watershed protection program estab- duplicative payments under this section and (3) to provide economic assistance to agricul- lished under section 403 of the Agricultural any other Federal program for the same loss. tural producers, giving a priority to the support Credit Act of 1978 (16 U.S.C. 2203) in a hurri- SEC. 3016. DAIRY ASSISTANCE. of specialty crops and livestock; or cane-affected county. The Secretary shall use $25,000,000 of the (4) for other purposes as determined by the SEC. 3042. EMERGENCY WATERSHED PROTECTION funds of the Commodity Credit Corporation to Secretary. PROGRAM. make payments to dairy producers for dairy pro- SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- The Secretary shall use an additional duction losses and dairy spoilage losses in hurri- MENTS. $108,500,000 of funds of the Commodity Credit cane-affected counties. The Secretary shall make a supplemental eco- Corporation to carry out emergency measures SEC. 3017. COTTONSEED. nomic loss payment to any producer on a farm identified by the Chief of the Natural Resources (a) DISTRIBUTION OF FUNDS.—The Secretary that received a direct payment for crop year Conservation Service as of the date of enactment shall provide disaster assistance under sub- 2005 under title I of the Farm Security and of this Act through the emergency watershed section (c) under the same terms and conditions Rural Investment Act of 2002 (7 U.S.C. 7901 et protection program established under section 403 as assistance provided under section 206 of the seq.) at a rate equal to the product obtained by of the Agricultural Credit Act of 1978 (16 U.S.C. Agricultural Assistance Act of 2003 (Public Law multiplying— 2203). 108–7; 117 Stat. 543), except that assistance shall (1) 30 percent of the direct payment rate in ef- fect for the program crop of the farmer; SEC. 3043. EMERGENCY CONSERVATION PRO- be— GRAM. (1) distributed to producers and first handlers (2) 85 percent of the program crop base of the of cottonseed; and farmer; and The Secretary shall use an additional (2) based on cottonseed production during the (3) the program payment yield for each pro- $17,000,000 of funds of the Commodity Credit most recent year for which a disaster payment gram crop of the farmer. Corporation to carry out emergency measures specifically for cottonseed was not authorized. SEC. 3023. REDUCTION IN PAYMENTS. identified by the Administrator of the Farm (b) COTTONSEED ASSISTANCE.—The Secretary The amount of any payment for which a pro- Service Agency as of the date of enactment of shall use $15,000,000 of the funds of the Com- ducer is eligible under this subtitle shall be re- this Act through the emergency conservation modity Credit Corporation to provide assistance duced by any amount received by the producer program established under title IV of the Agri- to producers and first-handlers of the 2005 crop for the same loss or any similar loss under— cultural Credit Act of 1978 (16 U.S.C. 2201 et of cottonseed in hurricane-affected counties. (1) the Department of Defense, Emergency seq.). Supplemental Appropriations to Address Hurri- SEC. 3018. REDUCTION IN PAYMENTS. Subtitle E—Farm Service Agency canes in the Gulf of Mexico, and Pandemic In- The amount of any payment for which a pro- fluenza Act, 2006 (Public Law 109–148; 119 Stat. SEC. 3051. FUNDING FOR ADDITIONAL PER- ducer is eligible under this subtitle shall be re- 2680); or SONNEL. duced by any amount received by the producer (2) an agricultural disaster assistance provi- for the same loss or any similar loss under— The Secretary shall use $23,000,000 of funds of sion contained in the announcement of the Sec- the Commodity Credit Corporation to hire addi- (1) the Department of Defense, Emergency retary on January 26, 2006. tional County Farm Service Agency personnel— Supplemental Appropriations to Address Hurri- canes in the Gulf of Mexico, and Pandemic In- Subtitle C—Forestry (1) to expedite the implementation of, and de- fluenza Act, 2006 (Public Law 109–148; 119 Stat. SEC. 3031. TREE ASSISTANCE PROGRAM. livery under, the agricultural disaster and eco- 2680); or (a) DEFINITION OF TREE.—In this section, the nomic assistance programs under this title; and (2) an agricultural disaster assistance provi- term ‘‘tree’’ includes a tree (including a Christ- (2) as the Secretary determines to be necessary sion contained in the announcement of the Sec- mas tree, ornamental tree, nursery tree, and to carry out other agriculture and disaster as- retary on January 26, 2006. potted tree), bush (including a shrub), and vine. sistance programs.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3471 Subtitle F—Miscellaneous UNITED STATES COAST GUARD TITLE VII SEC. 3061. AUTHORITY TO PROVIDE IMMUNIZA- OPERATING EXPENSES GENERAL PROVISIONS AND TECHNICAL TIONS. For an additional amount for ‘‘Operating Ex- CORRECTIONS Notwithstanding any other provision of law, penses’’, $23,000,000, to remain available until AVAILABILITY OF FUNDS the Secretary of Defense may provide immuniza- expended. SEC. 7001. No part of any appropriation con- tions to employees of the Department of Agri- OFFICE FOR DOMESTIC PREPAREDNESS tained in this Act shall remain available for ob- culture involved in direct recovery work in a ligation beyond the current fiscal year unless STATE AND LOCAL PROGRAMS hurricane-affected county. expressly so provided herein. For an additional amount for ‘‘State and SEC. 3062. WAIVER OF CERTAIN PROVISIONS. OFFICE OF JUSTICE PROGRAMS Local Programs’’, $227,000,000: Provided, That Notwithstanding any other provision of law, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE the Secretary may provide assistance in a hurri- the entire amount shall be for port security cane-affected county under the emergency con- grants pursuant to the purposes of 46 United ADMINISTRATIVE PROVISION servation program established under title IV of States Code 70107 (a) through (h), which shall SEC. 7002. Of the amount made available by the Agricultural Credit Act of 1978 (16 U.S.C. be awarded based on risk and threat notwith- the Department of Justice Appropriations Act, 2201 et seq.) without regard to subtitle C of title standing subsection (a), for eligible costs as de- 2006 under the heading ‘‘Community Oriented XII of the Food Security Act of 1985 (16 U.S.C. fined in subsections (b)(2)–(4). Policing Services’’ (Public Law 109–108, 199 Stat. 3821 et seq.). SCIENCE AND TECHNOLOGY 2302), for Paul Coverdell Forensic Sciences Im- provement Grants under part BB of title I of the SEC. 3063. FUNDING. RESEARCH, DEVELOPMENT, ACQUISITION, AND Omnibus Crime Control and Safe Streets Act of The Secretary shall use the funds, facilities, OPERATIONS 1968 (42 U.S.C. 3797 et seq.), $1,500,000 shall be and authorities of the Commodity Credit Cor- For an additional amount for ‘‘Research, De- available to the Attorney General, without re- poration to carry out this title, to remain avail- velopment, Acquisition, and Operations’’ for the gard to such part BB, for the study on forensic able until expended. Domestic Nuclear Detection Office, $132,000,000, science described in House Report 109–272 to ac- SEC. 3064. REGULATIONS. to remain available until expended for the pur- company Public Law 109–108. chase and deployment of radiation portal mon- (a) IN GENERAL.—The Secretary may promul- NATIONAL AERONAUTICS AND SPACE itors for United States seaports. gate such regulations as are necessary to imple- ADMINISTRATION ment this title. TITLE VI SCIENCE, AERONAUTICS AND EXPLORATION (b) PROCEDURE.—The promulgation of the reg- PANDEMIC FLU ulations and administration of this title shall be ADMINISTRATIVE PROVISION made without regard to— DEPARTMENT OF HEALTH AND HUMAN SEC. 7003. The referenced statement of the (1) the notice and comment provisions of sec- SERVICES managers in House Report 109–272, Making Ap- tion 553 of title 5, United States Code; OFFICE OF THE SECRETARY propriations for Science, the Departments of (2) the Statement of Policy of the Secretary of PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY State, Justice, and Commerce, and Related Agriculture effective July 24, 1971 (36 Fed. Reg. FUND Agencies for the Fiscal Year Ending September 13804), relating to notices of proposed rule- For an additional amount for ‘‘Public Health 30, 2006, and for other purposes, under this making and public participation in rulemaking; and Social Services Emergency Fund’’ to pre- heading is deemed to be amended with respect to and pare for and respond to an influenza pandemic, amounts made available under the heading (3) chapter 35 of title 44, United States Code including international activities and activities ‘‘Science, Aeronautics and Exploration’’ for the (commonly known as the ‘‘Paperwork Reduction in foreign countries, preparedness planning, en- Mitchell Institute by striking ‘‘educational pur- Act’’). hancing the pandemic influenza regulatory poses’’ and inserting ‘‘the science and engineer- (c) CONGRESSIONAL REVIEW OF AGENCY RULE- science base, accelerating pandemic influenza ing education endowment’’. MAKING.—In carrying out this section, the Sec- disease surveillance, developing registries to SMALL BUSINESS ADMINISTRATION retary shall use the authority provided under monitor influenza vaccine distribution and use, ADMINISTRATIVE PROVISION section 808 of title 5, United States Code. supporting pandemic influenza research, clin- SEC. 7004. Section 613 of the Science, State, Subtitle G—Emergency Designation ical trials and clinical trials infrastructure, and Justice, Commerce, and Related Agencies Appro- SEC. 3071. EMERGENCY DESIGNATION. the development and purchase of vaccines, priations Act, 2006 (Public Law 109–108; 119 The amounts provided under this title are des- antivirals, and necessary medical supplies, Stat. 2338) is amended by striking ‘‘Clark Coun- ignated as an emergency requirement pursuant $2,300,000,000, to remain available until ex- ty Department of Aviation, Las Vegas,’’ and in- to section 402 of H. Con. Res. 95 (109th Con- pended: Provided, That $300,000,000 shall be for serting ‘‘University of Nevada Las Vegas,’’. gress), the concurrent resolution on the budget upgrading State and local capacity, $50,000,000 INTELLIGENCE ACTIVITIES for fiscal year 2006. shall be for laboratory capacity and research at SEC. 7005. Funds appropriated in this Act, or the Centers for Disease Control and Prevention, TITLE IV made available by the transfer of funds in or and at least $200,000,000 shall be for the Centers pursuant to this Act, for intelligence activities DROUGHT EMERGENCY ASSISTANCE for Disease Control and Prevention to carry out are deemed to be specifically authorized by the SEC. 4001. CORPS OF ENGINEERS. global and domestic disease surveillance, labora- Congress for purposes of section 504 of the Na- In addition to any other funds made available tory capacity and research, laboratory tional Security Act of 1947 (50 U.S.C. 414). diagnostics, risk communication, rapid response by this Act, there is appropriated for ‘‘Depart- OFFICE OF ECONOMIC ADJUSTMENT—DEFENSE and quarantine: Provided further, That prod- ment of Defense-Civil, Department of the Army, SEC. 7006. Sec. 8044 of Public Law 109–148 (119 ucts purchased with these funds may, at the dis- Corps of Engineer-Civil, Flood Control and Stat. 2708) is amended as follows: After ‘‘De- cretion of the Secretary, be deposited in the Coastal Emergencies’’, as authorized by section fense,’’ and before ‘‘acting’’ insert, ‘‘notwith- Strategic National Stockpile: Provided further, 5 of the Act of August 18, 1941 (33 U.S.C. 701n), standing any other provision of law,’’. $5,000,000, to remain available until expended, That notwithstanding section 496(b) of the Pub- INVESTIGATIONS, LOUISIANA HURRICANE STUDY to be used by the Secretary of the Army, acting lic Health Service Act, funds may be used for COST SHARING through the Chief of Engineers, for emergency the construction or renovation of privately SEC. 7007. The $12,000,000 provided in division drought assistance. owned facilities for the production of pandemic influenza vaccines and other biologicals, where B, chapter 3 of title I, Investigations, of Public SEC. 4002. BUREAU OF RECLAMATION. the Secretary finds such a contract necessary to Law 109–148 (119 Stat. 2761) for the Louisiana In addition to any other funds made available secure sufficient supplies of such vaccines or hurricane protection study shall be at full Fed- by this Act, there is appropriated for ‘‘Depart- biologicals: Provided further, That the Secretary eral expense. ment of the Interior, Bureau of Reclamation, may negotiate a contract with a vendor under MISSISSIPPI RIVERS AND TRIBUTARIES Water and Related Resources’’, $7,500,000, to re- which a State may place an order with the ven- SEC. 7008. Chapter 3, under division B of title main available until expended, for drought dor for antivirals; may reimburse a State for a I of Public Law 109–148 (119 Stat. 2762) under emergency assistance. portion of the price paid by the State pursuant the heading ‘‘Flood Control, Mississippi River SEC. 4003. EMERGENCY DESIGNATION. to such an order; and may use amounts made and Tributaries, Arkansas, Illinois, Kentucky, The amounts provided under this title are des- available herein for such reimbursement: Pro- Louisiana, Mississippi, Missouri, and Ten- ignated as an emergency requirement pursuant vided further, That funds appropriated herein nessee’’ is modified by inserting the following to section 402 of H. Con. Res. 95 (109th Con- and not specifically designated under this head- before the period: ‘‘: Provided further, That the gress), the concurrent resolution on the budget ing may be transferred to other appropriation Corps is directed to expedite and accelerate com- for fiscal year 2006. accounts of the Department of Health and pletion of any study or any unconstructed por- TITLE V Human Services, as determined by the Secretary tion of the Mississippi River and Tributaries PORT SECURITY ENHANCEMENTS to be appropriate, to be used for the purposes project for the flood and storm damage reduc- specified in this sentence: Provided further, tion projects in the south Louisiana area’’: Pro- CUSTOMS AND BORDER PROTECTION That the amounts provided under this heading vided, That the amount provided under this SALARIES AND EXPENSES are designated as an emergency requirement heading is designated as an emergency require- For an additional amount for ‘‘Salaries and pursuant to section 402 of H. Con. Res. 95 (109th ment pursuant to section 402 of H. Con. Res. 95 Expenses’’, $266,050,000, to remain available Congress), the concurrent resolution on the (109th Congress), the concurrent resolution on until expended. budget for fiscal year 2006. the budget for fiscal year 2006.

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MISSISSIPPI RIVER-GULF OUTLET cal Survey, Surveys, Investigations, and Re- MILITARY CONSTRUCTION SEC. 7009. Chapter 3, under division B of title search’’, $500,000, to remain available until ex- AUTHORIZATION I of Public Law 109–148 (119 Stat. 2762) under pended, for assistance with assessments of crit- SEC. 7022. Section 2401 of the Military Con- the heading ‘‘Operations and Maintenance’’ is ical reservoirs and dams, including the moni- struction Authorization Act for Fiscal Year 2006 modified by inserting the following before the toring of dam structures: Provided, That the (Public Law 109–163) is amended by striking last proviso: ‘‘: Provided further, That amount provided under this heading is des- after ‘‘Augusta’’, ‘‘$61,466,000’’ and inserting in $75,000,000 of the funds provided herein shall be ignated as an emergency requirement pursuant lieu thereof ‘‘$340,854,000’’. This project may be used for the repair, construction or provision of to section 402 of H. Con. Res. 95 (109th Con- incrementally funded. Funds appropriated in measures or structures necessary to protect, re- gress), the concurrent resolution on the budget Public Law 109–114 for this project shall be store or increase wetlands, to prevent saltwater for fiscal year 2006. available to fund the first increment. intrusion or storm surge’’: Provided, That the SURFACE MINING CONTROL AND RECLAMATION ACT MILITARY CONSTRUCTION amount provided under this heading is des- SEC. 7016. Section 402(b) of the Surface Mining AUTHORIZATION ignated as an emergency requirement pursuant Control and Reclamation Act of 1977 (30 U.S.C. SEC. 7023. Section 2401 of the Military Con- to section 402 of H. Con. Res. 95 (109th Con- 1232(b)) is amended by striking ‘‘June 30, 2006’’ struction Authorization Act for Fiscal Year 2006 gress), the concurrent resolution on the budget and inserting ‘‘September 30, 2007’’. (Public Law 109–163) is amended by striking for fiscal year 2006. DEPARTMENT OF LABOR—OFFICE OF JOB CORPS after ‘‘Kunia’’, ‘‘$305,000,000’’ and inserting in SHORE PROTECTION lieu thereof ‘‘$350,490,000’’. The project may be SEC. 7010. Section 227 of Public Law 104–303 is SEC. 7017. Notwithstanding section 102 of the Departments of Labor, Health and Human Serv- incrementally funded. Funds appropriated in modified as follows: Public Laws 108–7, 108–87, and 109–114 for this (1) Section 5(a) is amended by striking ‘‘6’’, ices, and Education, and Related Agencies Ap- project shall be available to fund the first incre- and inserting ‘‘7’’ in lieu thereof. propriations Act, 2006 (Public Law 109–149), (2) Section 5(e)(2) is amended by striking none of the funds made available under this Act ment. ‘‘$21,000,000’’, and inserting ‘‘$25,000,000’’ in or under the Departments of Labor, Health and MILITARY CONSTRUCTION lieu thereof. Human Services, and Education, and Related AUTHORIZATION RECLAMATION STATES EMERGENCY DROUGHT Agencies Appropriations Act, 2006, shall be ex- SEC. 7024. Section 2846 of the Military Con- RELIEF ACT OF 1991 pended for any activity that— struction Authorization Act for Fiscal Year 2002 SEC. 7011. (a) Section 104(c) of the Reclama- (1) is related to carrying out Order 09–2006 of (division B of Public Law 107–107; 115 Stat. tion States Emergency Drought Relief Act of the Secretary of Labor; or 1320), as amended by section 2865 of the Military 1991 (43 U.S.C. 2214(c)) is amended by striking (2) transfers the Office of Job Corps but does Construction Authorization Act for Fiscal Year ‘‘September 30, 2005’’ and inserting ‘‘September not establish the Office of Job Corps as a single 2005 (division B of Public Law 108–375; 118 Stat 30, 2010’’ in lieu thereof. office within the Office of the Secretary that re- 2149) is further amended by striking ‘‘840 acres’’ (b) Section 301 of the Reclamation States tains all staff, functions and authorities related and inserting ‘‘1,540 acres’’. Emergency Drought Relief Act of 1991 (43 U.S.C. to carrying out subtitle C of title I of the Work- DETAIL AUTHORITY FOR DOT 2241) is amended by striking ‘‘fiscal years 1992, force Investment Act of 1998 (29 U.S.C. 2881 et SEC. 7025. Section 171 of Public Law 109–115 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, seq.). (119 Stat. 2426) is amended by inserting before and 2004’’ and inserting ‘‘the period of fiscal DEPARTMENT OF LABOR—MINE SAFETY the period at the end of the following ‘‘: Pro- years 2006 through 2010’’ in lieu thereof. SEC. 7018. For an additional amount for ‘‘De- vided, That the Department’s Office of Intel- REPROGRAMMING OF FUNDS partment of Labor, Mine Safety and Health Ad- ligence, Security, and Emergency Response may SEC. 7012. None of the funds made available ministration, Salaries and Expenses’’, assess and enter into reimbursable agreements before, on, or after the date of enactment of this $25,600,000 for the inspection of coal mines: Pro- with the modal administrations for services nec- Act in an appropriations Act may be expended vided, That progress reports on hiring shall be essary to carry out emergency preparedness or to prevent or limit any reprogramming of funds submitted to the House and Senate Committees emergency response activities, as determined by for a project to be carried out by the Corps of on Appropriations on a quarterly basis, with the the Secretary of Transportation: Provided fur- Engineers using funds appropriated in any Act first report due June 15, 2006: Provided further, ther, That notwithstanding any other provision making appropriations for energy and water de- That the amounts provided under this heading of law, the Secretary is authorized to detail velopment, based on whether the project was in- shall remain available until September 30, 2007: modal administration employees to the Office of cluded by the President in the budget trans- Provided further, That the amount provided Intelligence, Security, and Emergency Response mitted under section 1105(a) of title 31, United under this heading is designated as an emer- without reimbursement and for fixed periods of States Code, or is otherwise proposed by the gency requirement pursuant to section 402 of H. time, as determined by the Secretary, only inso- President or considered part of the budget by Con. Res. 95 (109th Congress), the concurrent far as necessary to carry out emergency pre- the Office of Management and Budget, if the resolution on the budget for fiscal year 2006. paredness or emergency response activities: Pro- vided further, That the Department shall trans- project received funds in an Act making appro- CENTERS FOR DISEASE CONTROL—MINE SAFETY priations for energy and water development or mit to the Committees on Appropriations of the SEC. 7019. For an additional amount for ‘‘De- any other appropriations Act making additional Senate and of the House of Representatives a partment of Health and Human Services, Cen- funds available for energy and water develop- quarterly report that provides information de- ters for Disease Control and Prevention, Disease ment. scribing any reimbursable agreements or per- Control, Research and Training’’, to carry out BONNEVILLE POWER AUTHORITY sonnel details carried out in accordance with section 501 of the Federal Mine Safety and SEC. 7013. None of the funds made available this section’’. Health Act of 1977, $10,000,000 for research to under this or any other Act shall be used during EMERGENCY HIGHWAY FUNDS develop mine safety technology including grants fiscal year 2006 or previous to April 1, 2007 to SEC. 7026. Under the heading ‘‘Department of and contracts: Provided, That progress reports make, or plan or prepare to make, any payment Transportation, Federal Highway Administra- on technology development shall be submitted to on bonds issued by the Administrator of the tion, Emergency Relief Program’’ in Public Law the House and Senate Committees on Appropria- Bonneville Power Administration (referred in 109–148 (119 Stat. 2778), strike ‘‘$629,000,000’’ tions on a quarterly basis, with the first report this section as the ‘‘Administrator’’) or for an and insert ‘‘$803,000,000’’. due June 15, 2006: Provided further, That the appropriated Federal Columbia River Power LIMITATION ON CERTAIN TRANSPORTATION amounts provided under this heading shall re- System investment, if the payment is both— ACTIONS main available until September 30, 2007: Pro- (1) greater, during any fiscal year, than the vided further, That the amount provided under SEC. 7027. None of the funds made available payments calculated in the rate hearing of the this heading is designated as an emergency re- by this or any other Act may be used to issue or Administrator to be made during that fiscal year quirement pursuant to section 402 of H. Con. implement a decision on the Notice of Proposed using the repayment method used to establish Res. 95 (109th Congress), the concurrent resolu- Rulemaking (70 Fed. Reg. 67389) that proposes the rates of the Administrator as in effect on tion on the budget for fiscal year 2006. to change the Department’s long-standing inter- February 6, 2006; and pretation of ‘‘actual control’’ of an airline for (2) based or conditioned on the actual or ex- RAILROAD RETIREMENT BOARD purposes of section 40102(a)(15) of title 49, pected net secondary power sales receipts of the SEC. 7020. Public Law 109–149 (119 Stat. 2876) United States Code, issue any final rule, or Administrator. under the heading ‘‘Railroad Retirement Board, make any fitness determination under section DEPARTMENT OF HOMELAND SECURITY Dual Benefits Payments Account’’ is amended 41102 of that title that would change the De- (INCLUDING RESCISSION OF FUNDS) by striking ‘‘proportional to the amount by partment of Transportation’s long-standing in- SEC. 7014. (a) RESCISSION.—Of the funds which the product of recipients and the average terpretation concerning what constitutes ‘‘ac- available for ‘‘Screening Coordination and Op- benefit received exceeds $97,000,000’’ and insert- tual control’’ of an airline for purposes of sec- erations’’, $3,960,000 are rescinded. ing ‘‘to the amount by which the product of re- tion 40102(a)(15) of such title, or to submit a (b) SUPPLEMENTAL APPROPRIATIONS.—For an cipients and the average benefit received exceeds final rule to the Congress under chapter 8 of additional amount for the ‘‘Office of the Sec- the amount available for payment of vested dual title 5, United States Code, that would change retary and Executive Management’’, $3,960,000. benefits’’ in lieu thereof. that interpretation. DEPARTMENT OF THE INTERIOR—U.S. GEOLOGICAL HEAD START REGULATIONS EFFECTIVE DATE DOJ AND TREASURY FUNDING FOR INTELLIGENCE SURVEY SEC. 7021. Section 224 of Public Law 109–149 ACTIVITIES SEC. 7015. For an additional amount for ‘‘De- (119 Stat. 2862) is amended by striking ‘‘June’’ SEC. 7028. (a) Funds appropriated for intel- partment of the Interior, United States Geologi- and inserting ‘‘December’’ in lieu thereof. ligence activities, or made available by the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3473 transfer of funds, by this Act, by Public Law mittee has reviewed. The House has funds be provided expeditiously, and we 109–108 for the Department of Justice, or by passed a bill reporting and referring to need the cooperation and support of all Public Law 109–115 for the Department of the the Senate this bill that is described as Senators to accomplish this goal. The Treasury, are deemed to be specifically author- an emergency. The funds are needed committee recommendation has been ized by the Congress for purposes of section 504 of the National Security Act of 1947, as amend- primarily for the global war on terror, available to Senators for several ed, (50 U.S.C. 414) during fiscal year 2006 until which is included in title I of the bill. weeks. I hope we can consider amend- the enactment of the Intelligence Authorization The total committee substitute ments in an orderly fashion, that they Act for Fiscal Year 2006. would provide $106,474,107,000 in supple- can be brought up as early as possible (b) Subsection (a) shall be effective: mental appropriations for this fiscal so they can be considered without pro- (1) with respect to funds appropriated, or year, 2006. It is above the President’s longed and unnecessary delay. made available by the transfer of funds, by this request by $14,253,522,000. It is also I have to say that the individual sub- Act, upon the enactment of this Act; (2) with respect to funds appropriated, or above the House-passed bill, and we committee chairmen worked hard to made available by the transfer of funds, by Pub- have broken this down and presented it identify the needs in the areas under lic Law 109–108 for the Department of Justice, as to the Senate in titles. their jurisdiction. Those who serve as if enacted on the date of enactment of Public The first title provides money pri- ranking minority members of the sub- Law 109–108; and marily for defense-related activities, as committees have had opportunities to (3) with respect to funds appropriated, or I said, to carry out the global war on participate. It has been a bipartisan ef- made available by the transfer of funds, by Pub- terror. It provides funding for ongoing fort made by our committee to bring to lic Law 109–115 for the Department of the Treas- operations and reconstruction efforts the bill a recommended appropriation ury, as if enacted on the date of enactment of Public Law 109–115. in Iraq and Afghanistan. amount that would serve our national In title II, we have included funds FUNDING FOR TREASURY TRAVEL security interests as well as our eco- SEC. 7029. The first sentence under the head- above the President’s request for recov- nomic interests and other problems ing ‘‘Department of the Treasury, Departmental ery from the damages caused by the that were caused by natural disasters. Offices, Salaries and Expenses’’ in title II of di- hurricanes in the Gulf of Mexico in At the appropriate time, I will move vision A of Public Law 109–115 (119 Stat. 2432) 2005. The President requested $19.7 bil- that the committee substitute be is amended by inserting after ‘‘travel expenses’’ lion for this purpose. The committee, adopted and be treated as original text the words ‘‘(except for travel performed by offi- in consideration of amendments offered for the purpose of further amendments. cials in the Office of Terrorism and Financial by Senators during the markup ses- I have to say at this point that the Intelligence and the Office of International Af- sion, approved an additional $7.4 billion work of this committee reflects bipar- fairs)’’. for this purpose. So the total of title II tisan cooperation and mutual respect ECONOMIC DEVELOPMENT INITIATIVES CORRECTIONS is $27,126,662,000. between the Members on both sides of SEC. 7030. (a) The referenced statement of the Title III reflects the provision of an the aisle. It carries out a tradition that managers under the heading ‘‘Community De- amendment that was offered in com- I believe has been one of the hallmarks velopment Fund’’ in Public Law 108–199 is mittee by Senators DORGAN of North of the activity of the Senate. It has re- amended with respect to item number 380 by Dakota and BURNS of Montana relating flected credit, therefore, on the Senate. striking ‘‘for construction of a new facility’’ and to agricultural disaster assistance for I hope Members will understand that inserting ‘‘to upgrade an existing facility’’. farmers and ranchers in States that are we are not addressing issues on the (b) The referenced statement of the managers affected either by the hurricanes of basis of partisanship but on the basis of under the heading ‘‘Community Development Fund’’ in Public Law 108–199 is amended with 2005 or drought, flood, wildfires, and need to address problems that confront respect to item number 188 by striking ‘‘for the other natural disasters that have oc- our country and those which were un- renovation of the historic Coca-Cola building’’ curred. That amendment provides ex- anticipated when the President sub- and inserting ‘‘for the construction or develop- actly $3,944 million for emergency agri- mitted his initial budget request for ment of a driver’s license facility’’. cultural disaster assistance. this fiscal year. We have had other (c) The referenced statement of the managers Title IV reflects an amendment that events that have caused us to have to under the heading ‘‘Community Development was approved by the committee for proceed to adopt emergency appropria- Fund’’ in Public Law 109–115 is amended with emergency drought assistance, more tions bills, and here again that is some- respect to item number 532 by striking ‘‘Mark broadly defined, and is an amendment Twain Neighborhood Association’’ and inserting thing we have to deal with. We are pre- ‘‘Mark Twain Community Alliance’’. offered by the Senator from New Mex- senting this bill as a good-faith effort GSA TRANSFER OF PROPERTY ico, Mr. DOMENICI, and agreed to by the to meet the needs of the country as we SEC. 7031. Notwithstanding any other provi- committee, with $12,500,000 for that see them and as requested by the Presi- sion of law, the Administrator of General Serv- purpose. dent. ices may convey, without consideration owner- Title V is an appropriation of I am happy to yield to my friend, the ship and jurisdiction (custody, accountability $648,050,000 for port security enhance- distinguished Senator from West Vir- and control) to the City of Crosby, North Da- ments. This was requested by—and the ginia, Mr. BYRD, who has provided very kota real property as described: Lots 9, 10, 11, committee approved the request—the important assistance to me personally 12, 13, and 14, Eastlawn Addition to Crosby, Di- distinguished Senator from West Vir- and, through his service in the Senate, vide County, North Dakota. This Act may be cited as the ‘‘Emergency Sup- ginia, Mr. BYRD. to the work of this committee for a plemental Appropriations Act for Defense, the Title VI includes funds for influenza long time. We appreciate his valuable Global War on Terror, and Hurricane Recovery, pandemic preparation and response ac- assistance. All members of the com- 2006’’. tivities. The administration asked for mittee have worked to be sure that Mr. GREGG. Mr. President, I suggest this amendment. It was included by the this is a good bill and deserves the sup- the absence of a quorum. committee. It provides $2,300 million port of the Senate. I think it does. The PRESIDING OFFICER. The for that purpose. Mr. President, I yield the floor. clerk will call the roll. Title VII is the part of the bill that The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the has general provisions and technical ator from West Virginia is recognized. roll. provisions. Mr. BYRD. Mr. President, I thank Mr. COCHRAN. Mr. President, I ask Overall, the bill can be described as the truly distinguished and able chair- unanimous consent that the order for having two major points of focus. man of the Senate Appropriations the quorum call be rescinded. First, it provides needed funding for Committee, Mr. COCHRAN, for all of his The PRESIDING OFFICER. Without our military to continue to carry out hard work on this bill. He is so dili- objection, it is so ordered. operations overseas. It also includes gent, so fair, so honorable. I am proud Mr. COCHRAN. Mr. President, it is the commitment to rebuild the gulf to serve with him. Mississippi is so well my pleasure and honor to describe for coast to permit inhabitants there to re- represented in the Senate by this man. the Senate the supplemental appropria- cover from the devastation caused by As a matter of great pride, I call him tions bill that has been reported by our Hurricanes Katrina and Rita. my friend, my colleague, my chairman. committee. The President has re- It is my opinion—and I think this re- The President has asked the Congress quested supplemental appropriations flects the action taken by our com- to approve over $92 billion of emer- for this fiscal year, which the com- mittee—that it is critical that these gency spending, including $72.5 billion

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3474 CONGRESSIONAL RECORD — SENATE April 25, 2006 for the wars in Iraq and Afghanistan ness here until June. I was talking quests mean that Congress has only a and $19.8 billion for the Federal re- with him a couple of days ago. He prob- limited opportunity to scrutinize the sponse to the terrible hurricanes that ably won’t get back until June. JOHN administration’s spending proposals. struck the Gulf States in August and D. ROCKEFELLER, my colleague from As a result, nobody—nobody—seems to September of 2005. West Virginia. be minding the store when it comes to When the committee opened its hear- The bill before the Senate also in- controlling the escalating cost of the ings on the supplemental on March 7, I cludes a provision to extend the aban- wars in Iraq and Afghanistan. stated my belief that it is our duty to doned mine land authority through fis- I tell you, I was in favor of fighting scrutinize the President’s request not cal year 2007. The AML program and the war in Afghanistan, but I was not only for what is in the bill but also for combined benefits fund are very impor- in favor of going into Iraq. No, man. what is not in the bill. I said to the dis- tant programs that are needed by re- No. tinguished chairman and to Senator tired coal miners, by their families, The failure of the President to heed LANDRIEU and others that I would help and by coalfields communities the repeated calls by the Senate—by them in every way I could in respond- throughout the country. I thank Chair- the Senate, that is this body—to budg- ing to the terrible storms that hit their man COCHRAN. I thank Senator SPEC- et for the wars in Iraq and Afghanistan States. TER and Senator DOMENICI for sup- has resulted in more unnecessary My State of West Virginia is often porting this effort. spending that is hidden—hidden—from hit by floods and other damaging disas- The supplemental appropriations bill public view. ters, such as the recent accidents in includes $67.8 billion for the Depart- For example, the President requested West Virginia’s coal mines. I am very ment of Defense to prosecute the wars $8.3 billion in military procurement to sensitive to the ability of our Federal in Iraq and Afghanistan. Upon passage replace wornout or battle-damaged Government to prepare for and respond of this legislation, the total amount equipment, but this is essentially for- to disasters promptly and with com- appropriated for the war in Iraq, in- ward funding of replacement equip- petence, which is what our citizens cluding the cost of reconstruction, will ment that should be bought using need and what our citizens deserve. be $320 billion. Mr. President, that is funds in the regular appropriations Sadly, many of our Federal agencies $320 for every minute since Jesus bill. Since we do not need to buy the are no longer up to these fundamental Christ was born 2,000 years ago. That is same equipment twice, future Defense tasks. a lot of money. Man, think of that. spending bills need not appropriate Mr. President, the chairman of the That is a staggering figure, but what procurement funds that have already committee has taken the bull by the is even more unbelievable is that the been approved in previously enacted horns. Under his leadership, the rec- monthly cost of the war in Iraq has emergency appropriations bills. ommendations of the committee fill in been steadily, steadily, steadily esca- This forward funding of military pro- some of the gaps in the administra- lating. In May 2004, the Defense De- curement accounts should then mean tion’s request for funds required to re- partment reported to the Armed Serv- savings in the regular Defense appro- spond to the hurricanes. ices Committee that the cost of oper- priations bill. But when will these sav- The committee added approximately ations in Iraq was averaging $4 billion ings appear? $7.4 billion to the President’s budget per month. The Congressional Research With the approval of this bill, the De- request—that is not chickenfeed—$7.4 Service reported this month that dur- partment of Defense budget for fiscal billion added to the President’s budget ing fiscal year 2005, the cost of the war year 2006 is $534 billion, an increase of request for Federal programs to re- in Iraq had escalated to $5.6 billion per 74 percent over fiscal year 2001. Con- spond to these disasters. month. The Congressional Research gress has rubberstamped much of this I have to also note that the chairman Service estimates that the cost of oper- increase without indepth budget jus- of the committee included at my re- ations in Iraq during the current fiscal tification. quest—he would probably have done it, year will grow to $6.8 billion per Until the President begins to include anyhow; perhaps I made it a little easi- month. a real estimate of the cost of the wars er—and the request of others an I ask the Chair, can you comprehend in his annual budget, American tax- amount of $35.6 million for improved how much money that is, $6.8 billion? payers will continue to see billions mine safety and health programs. In That is $6.80 for every minute since more dollars spent without any true the wake of 18 coal mining deaths in Jesus Christ was born. Contemplate measure of accountability. That is why the State of West Virginia this year that. I will again offer an amendment to the and another 16 mining deaths in other The American people ought to be supplemental appropriations bill that States this year, it is imperative that asking how on Earth has the monthly calls for the President to budget for the Congress act immediately to en- cost of the war in Iraq grown by 70 per- the cost of the wars in Iraq and Af- sure that an adequate number of safety cent just in 2 years. Isn’t there any ghanistan. inspectors will be provided for our Na- way to control the cost of the war The Senate has given its strong sup- tion’s mines and to expedite the intro- while making sure that our troops con- port to this amendment four times— duction of critical safety equipment. tinue to get the support they need? four times—and the President con- It is simply, absolutely, positively in- The truth is that the administration tinues to look the other way, continues excusable that our miners have oxygen is out of control when it comes to ask- to disregard this direction by the Sen- canisters that last only 1 hour—1 ing for emergency spending. According ate. The Senate must insist on a long hour—when miners may be trapped un- to a Congressional Budget Office re- overdue and responsible step of budg- derground for several days, or that the port, the White House has requested eting for the cost of the war. miners may not have emergency com- $515 billion in emergency spending be- I am also very disappointed that the munications equipment. Think of that. tween 2001 and 2006. That is more than White House limited the supplemental Miners may not have emergency com- 31⁄2 times the combined total of all—all, request to the cost of the wars in Iraq munications equipment that can reach a-l-l—all of the emergency spending and Afghanistan and in response to the surface in the event of an extended bills in the previous 10 years. Hurricanes Katrina, Rita, and Wilma. rescue effort. I tell you, this is some- Say that again. Did you hear me? As the Senate debates immigration and thing to talk about. More than 31⁄2 times the combined total border security, it is rather aston- The chairman has my genuine appre- of all of the emergency spending bills ishing, wouldn’t you think, that no ciation for including these funds in the in the previous 10 years. funding was included for border secu- committee-reported bill. I also thank The President refuses to include in rity. Nor were any funds included for Senator SPECTER, Senator HARKIN, and his annual budget request a realistic port security. Dubai Ports World is Senator ROCKEFELLER for their support estimate of the cost of the wars. As a now operating terminals at six of our of the initiative. result, there is virtually no debate major ports. By the way, Senator ROCKEFELLER is about how our country is going to pay The ‘‘layered defense’’—if I may put recuperating from a very serious oper- for these massive bills. And what is quotation marks around those two ation. He may not get back in the har- more, these emergency spending re- words—the ‘‘layered defense’’ that the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3475 administration claims is protecting our to fill critical gaps in our paper-thin need to do their job. We need to start ports is, in fact, paper thin—paper port security program. The bill now paying for those tools now so that they thin. It is just that thin. provides resources for more radiation will be available as more and more Nor did the President seek any sup- portal monitors, more container in- Border Patrol and immigration en- plemental funding for preparing for or spections, more port inspections, and forcement officials are hired and preventing the outbreak of the avian would fund port security grants at the trained. flu or to help our farmers who have levels anticipated in the Collins-Lie- I will be talking again about this been devastated by drought and by the berman and Stevens-Inouye port secu- matter as the Senate proceeds to con- hurricanes. rity authorization bills. sider this supplemental appropriations The Appropriations Committee, The American people—our people, bill. Securing our borders requires under the chairmanship of Senator your people—yes, our people, the more than just hot air. Hot air is COCHRAN, has wisely approved funding American people—expect more than cheap. We must put real dollars to for port security, wisely approved fund- just a paper-thin—you can almost see work for border security. ing for the avian flu, wisely approved through that—the American people ex- Mr. President, I am pleased to report funding for drought relief, and I hope pect more than just a paper-thin secu- to the Senate that the committee-re- that border security funding will be ap- rity plan for our ports. The bill, as re- ported bill, under the strong leadership proved this week on the floor. ported by the Senate Appropriations of Chairman COCHRAN—hey, you people I challenge the White House—it is Committee, begins—and Senator COCH- down there in Mississippi better hold easy to be brave from a distance; I am RAN, the chairman of that committee, on to this man. He does a terrific job quite a ways up the avenue from the can take a lot of credit—begins to ad- on this committee. This bill includes White House—I challenge the White dress this paper-thin port security pro- several other initiatives to deal with House—come on—I challenge the White gram by including a total of $648 mil- gaps in funding in the budget request. House to get serious about these issues. lion to fill critical gaps in our port se- I would suggest that principal among These are also emergencies. The White these gaps is an amount of $2.3 billion curity program. I thank Senators DAN House should be leading rather than required to prepare for and to respond INOUYE, HERB KOHL, and TOM HARKIN opposing efforts to improve border se- for their support of my initiative in to a potential influenza pandemic such curity and port security, and it should committee. Whose initiative? Mine, my as the avian flu. My mother died dur- be preparing for the avian flu and help- ing the great influenza epidemic of 1917 initiative. Dizzy Dean says it is all ing our farmers. and 1918; the great influenza epidemic. right to brag if you have done it. Well, The administration has a huge credi- So there is money here to prepare for bility gap when it comes to homeland I have done it. The White House should step to the and to respond to a potential influenza security. There is a continuing drum- plate and support this effort. pandemic. The World Health Organiza- beat that another terrorist attack may While the committee-reported bill tion recommends that countries stock- occur or is even likely. The President, has made some progress to address the pile enough antiviral medications to in his State of the Union Address, told gaps in the Nation’s port security de- cover 25 percent of the population or 80 the American people: fenses, it virtually ignores border secu- million Americans. According to the Department of The enemy has not lost the desire or capa- rity. The Senate has recently been de- bility to attack us. Health and Human Services, there is a bating immigration and border secu- shortfall of 30 million courses. HHS That is true. One look at the budget rity legislation to authorize a whole will not receive the antivirals it has or- reveals an odd complacency. The ad- host of items intended to secure our ministration’s speech writers and his dered until the end of this year. borders. The legislation would author- We are also well short of the 20 mil- policy writers seem to be living in dif- ize the hiring of additional Border Pa- ferent worlds. lion goal that has been set by HHS for trol agents. It would authorize the hir- In response to the administration’s purchasing prepandemic vaccine. Ex- ing of additional immigration enforce- decision to allow Dubai Ports World to perts have said that a vaccine is the operate terminals in six major U.S. ment agents and detention officers. It only effective way to stop the spread of ports, it is asserted by the administra- would authorize border surveillance, a pandemic. tion that it has a robust, layered secu- technology, and unmanned aerial vehi- The availability of the vaccine and rity system for our ports. And yet for cles, and fences. medicine is limited. The availability is I am very concerned—very con- the second straight year, the White limited. We should not wait to place cerned—about lax border security. In House proposes to eliminate the Port our orders. The White House should fact, together with our colleague, Sen- Security Grant Program. Of the $816 support this effort. ator LARRY CRAIG, and with the sup- million the Congress has appropriated The committee-reported bill also in- port of my Homeland Security Sub- since September 11 for port security, cludes approximately $3.9 billion for committee chairman, Senator JUDD only $46 million was requested by the emergency agricultural disaster assist- GREGG, I led the effort in the Senate President. There is nothing ‘‘robust’’ ance for farmers and ranchers in States last year to appropriate hard dollars to about that. affected by recent hurricanes in the How serious are we about port secu- begin to put real teeth—see these gulf, drought in the southern plains rity, when the President, the Vice teeth? These are real teeth. They are and throughout the western corn belt, President, the Secretary of Defense, just 88 years old. These are real teeth. and excessive rainfall in North Da- and the Secretary of Homeland Secu- Well, that is what we did. We put real kota—North Dakota: Do you know rity don’t even know about the deci- teeth in our border security agenda. We where that is? That is north of South sion to sell the operation of six U.S. did not merely authorize the hiring of Dakota. North Dakota—and the upper ports to a State-owned foreign com- more Border Patrol agents; we appro- Midwest flood. Nearly 80 percent of all pany? priated hard dollars to hire 500 more U.S. counties were designated as pri- How serious are we about port secu- Border Patrol agents, as well as more mary or contiguous disaster areas by rity when Customs and Border Protec- immigration enforcement agents and the Secretary of Agriculture or the tion inspects only 5 percent of the 11 detention officers. Don’t you feel bet- President in 2005. million containers that come into the ter about that? I do. I can sleep a little So, Mr. President, the chairman and country each year? better. I will bet Senator HARKIN sleeps I look forward to a good debate on this How serious are we when the Coast better at night because of it. Those 500 supplemental appropriations bill. It is Guard Deepwater budget for replacing Border Patrol agents have been hired a good bill, and it is truly responsive— its ships, planes, and helicopters will and trained and are deployed on our truly responsive—to the needs of the not be completed until 2026? borders. They are out there defending American people. The administration has not requested our borders while we are sleeping. Mr. President, I yield the floor. one thin dime for port security in this Think about that. Mr. COCHRAN. Mr. President, I want $92 billion supplemental. As we hire more Border Patrol agents to express my genuine heartfelt appre- The committee-reported bill includes and other immigration enforcement of- ciation for the remarks of the distin- my amendment to provide $648 million ficials, they must have the tools they guished Senator from West Virginia

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3476 CONGRESSIONAL RECORD — SENATE April 25, 2006 about me and about the work of our need in order to effectively fight ter- find more agents. In many instances, committee. He has been a very valu- rorism. A big part, however, of na- people who qualify—I have forgotten able tutor, friend, and companion dur- tional defense is clearly border secu- the numbers. I think it is something ing the work of our Committee on Ap- rity—being sure that we know who like 30,000 or 40,000 applications that propriations since I have been on the comes into this country, know what we have to go through in order to get committee, since January of 1981. I their purposes are when they come into down to 1,500 agents. have learned a lot from him. I have this country, and whether they are It is actually hard to become a Bor- learned to respect him in terms of the coming into this country for the pur- der Patrol agent from a percentage conscientious way he goes about car- pose of visiting us or maybe partici- standpoint of the number of people ap- rying out his responsibilities to the pating in our economy or for the pur- plying for the job versus the number of people of West Virginia and also to the pose of doing us harm. people who actually end up getting the people of the United States as a U.S. Unfortunately, we have for a number job. It is harder to become a Border Pa- Senator. We can all study his career of years experienced borders which are trol agent than it is to get into Har- and his dedication to public service very porous. That is a function of our vard. That is because Border Patrol with great profit for our own interests. history—where we have always be- agents require special skills. They are We can be guided by his example and be lieved in open borders, especially with talented people. And the type of folks very proud of our work product if we our neighbors to the north and to the we want to draw into this responsi- do. south. bility are people who have to have a Mr. President, at the appropriate That has been one of our great atti- tremendous amount of ability and ex- time, I will ask unanimous consent tudes as a nation—that we are an invit- pertise, and they are very hard to find. that the committee amendment be ing nation, and we have always felt But they are good people, and we are agreed to and the bill as thus amended strongly that we should have reason- adding to them dramatically. be considered as original text for the ably open borders. But in the post-9/11 We intend to get the Border Patrol purpose of further amendment, and world—and especially in light of the up to 20,000 agents and an increase of that no points of order be waived by dramatic number of people who have detention beds of another 10,000. We the request. I give the Senate notice been coming into our country ille- will be literally able to control the that I will make that unanimous con- gally—we can no longer tolerate that southern border. We will no longer sent request in due course, and it prob- approach, unfortunately. We need to have this issue of people coming cross ably will occur immediately after our put more aggressive effort into making the southern border in waves illegally. break for the policy luncheons of the sure that we know who is coming over Literally, we can stop that. We can do respective parties of the Senate. I am the borders and limiting those folks it, and we intend to do it. There is no happy to yield to any other Senator coming over our borders to people who issue about this. We intend to do this. who wishes to make any comments. I want to come in here legally and who However, we have found in ramping up understand the Senator from Min- do not want to do us harm. the number of Border Patrol agents nesota would like to speak as if in As a result of that, we have under- they have run into a fairly significant morning business, and I yield the floor. taken for the last couple of years an problem. Mr. COLEMAN. Mr. President, I ask aggressive effort to significantly in- As an aside, I note that the only rea- unanimous consent to speak as in crease the number and the effort of our son we have been able to increase these morning business for up to 10 minutes. Border Patrol agencies—Customs, Bor- Border Patrol agents so dramatically is The PRESIDING OFFICER. Without der Patrol, Coast Guard, and ICE. In because Senator COCHRAN, as chairman objection, it is so ordered. fact, over the last 11⁄2 years we have of the full Appropriations Committee, (The remarks of Mr. COLEMAN per- dramatically increased funding for all has allowed the subcommittee, which I taining to the submission of S. Res. 442 of these different agencies. This chart chair—the Homeland Security Sub- are located in today’s RECORD under lists those types of increases in those committee—to get special allocations ‘‘Submission of Concurrent and Senate prior supplementals and in the last ap- in order to fund those. Resolutions.’’) propriations bill relative to border se- It has really been out of his courtesy, Mr. COLEMAN. I yield the floor. curity. We increased Border Patrol his energy, and the support of Senator agents by 1,500. That is a lot. That is FRIST in this effort that we have been f an increase of over 10 percent in successful in basically increasing these RECESS agents, an increase in detention offi- numbers. We are on this path of basi- The PRESIDING OFFICER. Under cers by 650 officers, investigators, and cally being able to have enough boots the previous order, the hour of 12:30 detention beds—again, by almost 10 on the ground in the Border Patrol p.m. having arrived, the Senate stands percent. area and Customs area and ICE area in This is a significant ramping up of in recess until 2:15 p.m. order to adequately control the border. the number of, for lack of a better What we found going through this Thereupon, the Senate, at 12:34 p.m., word, boots on the ground on our bor- process of expanding dramatically Bor- recessed until 2:17 p.m. and reassem- der—especially on our southern border. der Patrol agents and Customs and ICE bled when called to order by the Pre- That is exactly what we needed to do. agents is that the infrastructure to siding Officer (Mr. VOINOVICH). In fact, as we move into the outyears, support these people isn’t there. They f the administration—the President spe- are driving old cars. For the most part MAKING EMERGENCY SUPPLE- cifically—has made a strong commit- they are flying helicopters which are 20 MENTAL APPROPRIATIONS FOR ment to try to continue this increase years over their useful life. Customs is THE FISCAL YEAR ENDING SEP- in our border security. actually flying airplanes that are 20, TEMBER 30, 2006—Continued This chart reflects how many agents 30, or 40 years over their useful life. In we intend to add every year so that we fact, just recently the Customs agency The PRESIDING OFFICER. The Sen- can make sure we have the necessary was forced to basically ground all its ator from New Hampshire is recog- personnel on the border in order to Customs planes for a brief period of nized. make sure that we can limit dramati- time, and the P–3 fleet, which is 40 AMENDMENT NO. 3594 cally—in fact, basically stop—illegal years old, because these types of cracks Mr. GREGG. Mr. President, we are immigration into this country, espe- developed in their wings. They obvi- now on the supplemental appropria- cially along the southern border. ously couldn’t fly them. So they had to tions bill. One of the issues raised in The reason we have added 1,500 repair all of them—or not all but those the supplemental appropriations bill, agents so far—and we intend to add an- that had this potential type of stress. of course, is national defense. The pur- other 1,500 or 2,000—and the reason we We have a very old fleet of aircraft. pose of this bill is primarily to fund ef- are not adding more every year is be- They are not able to do the job. forts to fight terrorism and especially cause the infrastructure can’t handle Equally important, in the technology to make sure that our troops in Iraq any more, to be honest with you. We area where we really should be more and in Afghanistan have what they can’t train more, and we actually can’t aggressive and where we really have

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3477 the capability of having a huge impact In the area of the Coast Guard, it will out of that, but that would not be a le- along the border through surveillance put in the water the type of boats they gitimate approach. I am trying to capabilities—not necessarily require need in order to chase down the boats make sure this offset is legitimate to people, but it can be done by elec- that are basically being used for illegal the initial number which was $92 bil- tronics such as unmanned aerial vehi- transportation of people into this coun- lion. cles—we only have one flying the bor- try. And it will also assist the Coast This amendment is cosponsored by der. Regrettably, that one crashed Guard in advancing their aircraft capa- myself, by the majority leader, Senator today. It is ironic that we have this bility in that area. FRIST, who has been a tremendous ad- amendment on the floor. The one UAV All of this is critical to putting in vocate for this type of initiative, and we have actually crashed. So we don’t place the infrastructure to make sure by the senior Senator on the Demo- really have unmanned aerial surveil- that as we put the people on the cratic side, Senator BYRD, who also lance. This is in the Arizona area. ground, they have the assets necessary happens to be the ranking member of We think actually we should not only in order to effectively control the bor- the Committee on Appropriations and have one but that we should have a fair ders. the ranking member of the Sub- number of UAVs on the border. The sit- It is an emergency. These facilities committee on Homeland Security. I are either not there today, such as in uation with the purchase and buildup very much appreciate Senator BYRD’s of UAVs is that if we are to stay with the case of UAVs, or they are not work- cosponsorship and obviously greatly ing well today, such as in the case of the present budget projections, we appreciate Senator FRIST’s cosponsor- wouldn’t have the full compliment that the P–3s, or they simply have not been ship. we would need for 4 or 5 years. ungraded to the point of being effective Again, I stress none of this would be The amendment I offer today is an as we move forward with this larger ba- able to be accomplished had it not been amendment to try to address the cap- sically human commitment on the for the efforts which were well beyond ground, such as in the case of head- ital needs of border security in the Cus- what one might have expected from the toms account, in the Coast Guard ac- quarters and facilities for these folks Senator from Mississippi who a year count, in the Border Patrol account, to work out of, helicopters to move and a half ago—after the administra- and in the ICE account—the capital them around, and automobiles to move tion regrettably sent up a budget operational needs, not the people on them around, or fast craft for the Coast which was woefully short because they the ground but the capital needs which Guard to use to get out there and do allocated incorrectly for homeland se- are deemed to be in an emergency dis- their job. curity—he came forward and gave us tress situation. It needs to be stressed that this Why is this justifiable on this bill? amendment is completely paid for. It is an allocation which allowed us to put Because this bill is about defense, espe- paid for within the context of the in place the people on the ground, the cially relative to terrorism. Yet fight- President’s initial presentation. The extra 1,500 border people, the extra ing the war in Iraq is critical to this President sent up here initially a $92 beds which we are now trying to give war on terrorism, and fighting the war billion proposal for emergency spend- to the backup facilities with what I in Afghanistan is critical to the war on ing for the purposes of fighting the war would call a capital funding initiative terrorism, but I think equally impor- on terror and addressing the issue of for emergency capital needs of the Bor- tant is making sure that our borders Katrina. Of that $92 billion, approxi- der Patrol. It was the Senator from are secure. mately $69 billion was specifically for Mississippi, the chairman of the Com- That is as big an issue as we have fighting the war. mittee on Appropriations, who was today in the area of fighting the war on We have basically reallocated within able to get us on this path to a con- terrorism. We can’t be effective on that that $69 billion money to pay for this structive and appropriate approach for issue unless we have the resources and initiative. I feel very strongly, as do addressing the border issue. the people in order to take care of se- the cosponsors of this bill—and I will I believe the amendment is at the curing the border. We are moving to- get to who the cosponsors are of this desk and I ask it be reported. ward getting the people, and we are bill because it is important—that this The PRESIDING OFFICER. The bringing them on line as fast as we can issue be addressed sooner rather than clerk will report. in the context of our capability to hire later; that we give our Border Patrol The assistant legislative clerk read new people. But what we do not have is agents the tools they need, Customs as follows: the resources to be able to support the tools they need, the Coast Guard The Senator from New Hampshire [Mr. these folks. the tools they need, in order to secure GREGG], for himself, Mr. FRIST, and Mr. This amendment will essentially ac- the border. BYRD, proposes an amendment numbered complish that. It will add money for This will be a major step forward in 3594. airplanes, and specifically to try to ad- making sure we accomplish this goal. Mr. GREGG. I ask unanimous con- dress the issue of flying all of these P– The goal is to make sure, at least on sent the reading of the amendment be 3s that are so old. The vast majority of the southern border, that we know who dispensed with. this money will be for aircraft—over is coming across the border, that we The PRESIDING OFFICER. Without $700 million of it. It will add money for can control that border, and we do it in objection, it is so ordered. purchasing more UAVs so we can get the near term rather than waiting for The amendment is as follows: these UAVs in the air sooner rather the long term. (Purpose: To provide, with an offset, emer- than later. It is a fully paid-for amendment, gency funding for border security efforts) It cost about $30 million to put one of keeping the proposal the President these up, to put the electronics behind sent up here, keeping the integrity of At the appropriate place, insert the fol- lowing: it and the command center behind it. It that proposal, relative to the top line will add money for purposes of con- number which was about $92.5 billion. TITLE ll—BORDER SECURITY struction so that as we add these new So this amendment is done in that con- EMERGENCY SUPPLEMENTAL APPRO- Border Patrol agents and these other text. It does not take money from the PRIATIONS FOR BORDER SECURITY new agents in these other departments, additions that came out of committee. DEPARTMENT OF HOMELAND SECURITY they will have the physical facilities to I happen to believe those additions OFFICE OF THE SECRETARY AND EXECUTIVE be able to handle their day-to-day oper- were inappropriate. I am hopeful they MANAGEMENT ational needs. will all fall by the wayside except for For an additional amount for the ‘‘Office of It will add cars and SUVs, which are the avian flu one which is a legitimate the Secretary and Executive Management’’ so critical, especially in some of these emergency, and that when this bill is to provide funds for the Office of Policy, harsh frontier-type environments completed, either in the Senate or in $2,000,000: Provided, That the entire amount is solely for a contract with an independent which they face along the border. It the conference, it will be back to the non-Federal entity to conduct a needs as- adds helicopters. Almost all the heli- original number prepared by the Presi- sessment for comprehensive border security: copters they are flying today are 20 dent. Provided further, That the entire amount is years over their useful life. We replace I suppose I could have gone into the designated as an emergency requirement those. additional funding and taken it right pursuant to section 402 of H. Con. Res. 95

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3478 CONGRESSIONAL RECORD — SENATE April 25, 2006 (109th Congress), the concurrent resolution IMMIGRATION AND CUSTOMS ENFORCEMENT our immigration system and return to on the budget for fiscal year 2006. SALARIES AND EXPENSES a system where people come to this OFFICE OF THE CHIEF INFORMATION OFFICER For an additional amount for ‘‘Salaries country to work and to enjoy new lives For an additional amount for the ‘‘Office of and Expenses’’ to replace vehicles, and prosperity legally, where our bor- the Chief Information Officer’’ to replace and $80,000,000: Provided, That the entire amount ders are secure and our Nation is more upgrade law enforcement communications, is designated as an emergency requirement secure. pursuant to section 402 of H. Con. Res. 95 $50,000,000, to remain available until ex- I rise for a moment to point out that pended: Provided, That the entire amount is (109th Congress), the concurrent resolution on the budget for fiscal year 2006. this amendment in and of itself to this designated as an emergency requirement emergency supplemental is, without pursuant to section 402 of H. Con. Res. 95 UNITED STATES COAST GUARD (109th Congress), the concurrent resolution ACQUISITION, CONSTRUCTION AND question, the most significant compo- on the budget for fiscal year 2006. IMPROVEMENTS nent to the issue of illegal immigration and gaining control of our borders. I UNITED STATES VISITOR AND IMMIGRATION For an additional amount for ‘‘Acquisition, STATUS INDICATOR TECHNOLOGY Construction, and Improvements’’ for acqui- urge all of my colleagues in this Sen- sition, construction, renovation, and im- ate, when this amendment comes to a For an additional amount for ‘‘United provement of vessels, aircraft, and equip- vote, to vote in favor of it. Only States Visitor and Immigration Status Indi- ment, $600,000,000, to remain available until cator Technology’’ to accelerate biometric through appropriating the money and expended: Provided, That the entire amount database integration and conversion to 10– actually spending the money to make is designated as an emergency requirement print enrollment, $60,000,000, to remain avail- the investment, to improve the eyes in pursuant to section 402 of H. Con. Res. 95 able until expended: Provided, That none of (109th Congress), the concurrent resolution the skies in terms of unmanned aerial the additional appropriations made available on the budget for fiscal year 2006. vehicles, to improve the boots on the under this heading may be obligated until ground, to more Border Patrol offi- the Committees on Appropriations of the FEDERAL LAW ENFORCEMENT TRAINING CENTER cers—the only way to do it is not with Senate and the House of Representatives re- promises of authorizations but with ceive and approve a plan for the expenditure ACQUISITION, CONSTRUCTION, IMPROVEMENTS, of such funds: Provided further, That the en- AND RELATED EXPENSES the commitment of appropriations. tire amount is designated as an emergency For an additional amount for ‘‘Acquisition, I commend the Senator from New requirement pursuant to section 402 of H. Construction, Improvements, and Related Hampshire. I thank the Chair for the Con. Res. 95 (109th Congress), the concurrent Expenses’’ for construction of the language time. I urge all Senators to vote in resolution on the budget for fiscal year 2006. training facility referenced in the Master favor of this amendment to secure the CUSTOMS AND BORDER PROTECTION Plan and information technology infrastruc- borders of the United States of Amer- ture improvements, $18,000,000, to remain ica. SALARIES AND EXPENSES available until expended: Provided, That the For an additional amount for ‘‘Salaries entire amount is designated as an emergency I yield back the remainder of my and Expenses’’, $180,000,000, of which requirement pursuant to section 402 of H. time. $80,000,000 is for border patrol vehicle re- Con. Res. 95 (109th Congress), the concurrent The PRESIDING OFFICER. The Sen- placement and $100,000,000 is for sensor and resolution on the budget for fiscal year 2006. ator from Mississippi. surveillance technology: Provided, That none GENERAL PROVISIONS—THIS TITLE Mr. COCHRAN. Mr. President, I ask of the additional appropriations made avail- REDUCTION IN FUNDING able under this heading may be obligated unanimous consent that the committee SEC. . (a) REDUCTION.—Except as pro- until the Committees on Appropriations of ll amendment be agreed to, that the bill vided in subsection (b), the aggregate the Senate and the House of Representatives as thus amended be considered as origi- amount provided by chapter 3 of title I of receive and approve a plan for expenditure of nal text for the purpose of further this Act and chapter 3 of title II of this Act these funds: Provided further, That the entire may not exceed $68,962,188,000. amendment, and that no points of amount is designated as an emergency re- (b) INAPPLICABILITY TO AMOUNTS FOR MILI- order be waived by this request. quirement pursuant to section 402 of H. Con. TARY CONSTRUCTION.—Subsection (a) does not Res. 95 (109th Congress), the concurrent reso- The PRESIDING OFFICER. Without apply to amounts provided by chapter 3 of lution on the budget for fiscal year 2006. objection, it is so ordered. title I of this Act and chapter 3 of title II of (The committee amendment in the AIR AND MARINE INTERDICTION, OPERATIONS, this Act for military construction. nature if a substitute was agreed to.) MAINTENANCE, AND PROCUREMENT Mr. GREGG. I yield the floor. Mr. COCHRAN. Mr. President, I ap- For an additional amount for ‘‘Air and Ma- The PRESIDING OFFICER. The Sen- preciate the cooperation of Senators in rine Interdiction, Operations, Maintenance, ator from Mississippi. and Procurement’’ to replace air assets and Mr. COCHRAN. Mr. President, the laying this groundwork for the further upgrade air operations facilities, $790,000,000, Senator from Georgia has indicated he consideration and debate of this bill. I to remain available until expended, of which wishes to speak on the amendment and particularly appreciate the comments $40,000,000 is for helicopter replacement and of the Senator from New Hampshire $750,000,000 is for recapitalization of air as- I defer to him. Mr. ISAKSON. I commend the distin- with respect to the situation regarding sets: Provided, That none of the additional funding for border security activities, appropriations made available under this guished Senator from New Hampshire, heading may be obligated until the Commit- the chairman of the Committee on the programs, and equipment necessary to tees on Appropriations of the Senate and the Budget, on the offering of this amend- help guarantee the strict enforcement House of Representatives receive and ap- ment for the emergency supplemental. of our laws and to ensure integrity of prove an expenditure plan for the complete This is so important. our borders. His suggestion in this recapitalization of Customs and Border Pro- amendment is going to result in a tection air assets and facilities: Provided fur- We went through 2 weeks of debate prior to the Easter recess where we major step forward in achieving our ther, That the entire amount is designated as goals. an emergency requirement pursuant to sec- ended up doing nothing on the issue of tion 402 of H. Con. Res. 95 (109th Congress), immigration and illegal immigration. His comments about our efforts when the concurrent resolution on the budget for We did nothing because there was a the Department of Homeland Security fiscal year 2006. fear in this country and there is a fear was initially established and funding CONSTRUCTION in this Senate that no matter what we for various activities under the juris- diction of that Department are appre- For an additional amount for ‘‘Construc- do, if we do not fix the borders first, se- tion’’, $120,000,000, to remain available until cure the borders first, there is no way ciated very much, but his leadership is expended: Provided, That none of the addi- whatever to have true, meaningful im- demonstrating we can do a better job. tional appropriations made available under migration reform legislation. He has made another suggestion in the this heading may be obligated until the Com- The distinguished chairman of the offering of this amendment that carries mittees on Appropriations of the Senate and Committee on the Budget, in his origi- out that past practice of identifying the House of Representatives receive and ap- nal budget document and now again in ways to use funds wisely, make invest- prove a plan for expenditure for these funds: this amendment, is proposing exactly ments in equipment, personnel, and Provided further, That the entire amount is strategies that will lead to a higher designated as an emergency requirement what the United States of America pursuant to section 402 of H. Con. Res. 95 must do; that is, appropriate the level of security for our country. (109th Congress), the concurrent resolution money to fulfill the promises to secure The offset identified in the bill for on the budget for fiscal year 2006. the border so we can gain control of adding this money takes it away from

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3479 certain Defense appropriations activi- When you have so few energy pro- lance technology and unmanned aerial ties. We have consulted with the chair- ducers, you are going to be taken ad- vehicles. man of that subcommittee, the distin- vantage of. That is what the average However, the immigration bill is just guished Senator from Alaska, Mr. STE- citizen has found. an authorization bill. Now, if we are se- VENS, and this offset can be accommo- To ask for an FTC investigation, as rious about border security, we must dated, I have been advised, and without the President did, about gouging, with- approve real dollars—real dollars. doing detriment to any military activi- out mentioning big oil, does not make Together with our colleague, Senator ties funded in this bill. sense because it sure as heck is not the LARRY CRAIG, and with the support of Unless there is a Senator who wishes corner gasoline station. my Homeland Security Subcommittee to be heard in opposition or requesting The bottom line is we need to do chairman, Senator JUDD GREGG, I led a vote on this amendment, I rec- three things: First, we most definitely the effort in the Senate last year to ap- ommend this amendment be accepted. need to conserve much more than we propriate hard dollars to begin to put The PRESIDING OFFICER. The Sen- have. The fact that China’s miles per real teeth into our border security ator from New York. gallon standards are higher than ours— agenda. We did not merely authorize Mr. SCHUMER. I have no objections and China is hardly an environmental the hiring of more Border Patrol to the amendment of the Senator from country; they are doing it for economic agents; we appropriated hard cash, New Hampshire and would be fully sup- purposes—should make us hang our hard dollars to hire 500 more Border portive of it. heads in shame. We need a crash pro- Patrol agents as well as more immigra- I will speak on another issue for gram to find new energy sources. tion enforcement agents and detention about 5 minutes. I thank my colleague I, for one, am not averse to finding officers. The administration opposed from West Virginia, our great leader, more fossil fuels while we wait for the this effort. But those 500 Border Patrol for ceding the time. new energy source to come online. The agents have been hired. They have been From one end of New York to the amount of money the President has trained. They are now deployed on our other, all the talk this past week has proposed in this budget to do that is borders defending our Nation and mak- been on the high price of gasoline, the paltry. ing us more secure. high price of oil, the high price of all Finally, we should, for the first time, As we continue to hire more Border petroleum products. Oil prices went up seriously consider breaking up the big Patrol agents and other immigration to $75 a barrel. Gasoline went up 40 oil companies. As long as they have a enforcement officials, we need to give cents in 1 month. stranglehold on us, we are not going to them the tools they need to do their This is not only burning a hole in solve this problem. As long as they job. Yes. We need to start paying for people’s wallets and pocketbooks, but want to have fossil fuels be the domi- those tools now so they will be avail- it is also putting a real crimp in our nant way we power ourselves and keep able as more and more Border Patrol economy. In upstate New York, in New the prices high as possible and work in agents and immigration enforcement York City, we depend on tourism. cahoots with places such as OPEC, we officials are hired and trained. Fewer people will drive, fewer people are not going to solve this problem. The Border Patrol needs new heli- will come. People are making decisions When there were 20 competitors, we al- copters because the average age of its not to buy that extra outfit of clothes ways faced the fact that 2 or 3 would helicopters is nearly 40 years. The av- for youngsters, not to take the trip to say I am going to expand market share erage age of our Customs primary see the grandkids because of the high by keeping the price a little lower. Not fixed-wing aircraft is 30 years. All of price of gas and oil. anymore. It does not happen. our border enforcement officials, in- Yet, today, when the President spoke When you ask, why have things got- cluding the newly hired officials, need about this issue for the first time, we ten so much worse with oil prices and more vehicles, including all-terrain ve- did not hear what we needed to hear. gasoline prices, part of it is supply and hicles, high-endurance vehicles, and The President seems to think that demand, but part of it is we let the more buses to transport and remove il- gouging is a problem of the corner gas antidote to collusion and gouging— legal aliens. More radios are needed station. It is not. It is a problem of the good old-fashioned American competi- and other communications equipment, dwindling number of large behemoth tion—go by the wayside in the oil in- especially for those individuals oper- oil companies. We did not hear from dustry. ating in remote desert areas along our the President the five words we need to At some point I will be offering an border. hear: Get tough with big oil. amendment that we do a serious study Customs and Border Protection has a That is the problem. Of course we about whether to and how to break up requirement for 18 unmanned aerial ve- have a supply and demand problem. We big oil as was once done about 100 years hicles or UAVs. The immigration bill know that. The big oil companies, ago. I don’t think there is any other so- authorizes more UAVs, but until this faced with no competition, take advan- lution that makes sense. morning, we had only one UAV oper- tage of every twist and turn. Katrina From President Bush, we finally ating on our border. occurs and the price naturally would heard some talk. But talk is cheap. The At 5:49 a.m. this morning, where were have gone up, but it goes up higher, price of gasoline is not. We need seri- you? I was asleep. I bet you were, too. stays high longer, and spreads to more ous action on conservation, on new en- At 5:49 a.m. this morning, that one areas than need be because the oil com- ergy sources, and on dealing with big UAV crashed—get that, now—it panies are taking advantage. oil if we are going to solve this problem crashed in the Arizona desert. Clearly, Now we have had the changeover to and keep America as strong as possible. one UAV system is not adequate. summer fuels. Again, that cuts down I thank my colleague from West Vir- The amendment that Homeland Se- production for a short period of time. ginia and yield the floor. curity Chairman GREGG is offering this But the big oil companies take advan- The PRESIDING OFFICER. The Sen- afternoon provides $1.9 billion—$1.9 bil- tage and keep the price high for too ator from West Virginia. lion—in real dollars for our aging bor- long. Over the last 5 years, never has Mr. BYRD. Mr. President, I thank der security infrastructure. As ranking production been as low as it has been the very able Senator. member on the Homeland Security today and stayed so low. Last month, the Senate began debate Subcommittee, I support that funding. The bottom line is simple. We let— on immigration and border security It provides $120 million for fencing and and this happened under Republican legislation, part of which would au- tactical border infrastructure, includ- and Democratic Presidents—we let 20 thorize a whole host of items intended ing an additional $20 million for the oil companies become only 5. When to secure our borders. The legislation fence being constructed in San Diego. there are so few, there is no competi- would authorize the hiring of addi- It provides—hear me, now—$790 million tion. And who pays the price? The tional Border Patrol agents. The legis- for new helicopters, fixed-wing air- American consumer and the American lation would authorize the hiring of ad- craft, UAVs, and the facilities to house economy. ditional immigration enforcement and maintain them. It provides $60 mil- The record profits are not an acci- agents and detention officers. The leg- lion for replacement vehicles for our dent or part of free market capitalism. islation would authorize border surveil- border and immigration personnel. It

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3480 CONGRESSIONAL RECORD — SENATE April 25, 2006 provides over $150 million for commu- helicopters, refurbish existing medium the public trust. It is also scandalous nications equipment and sensors and endurance ships, accelerate the produc- that these inflated salaries, technically cameras and other technology along tion of new medium endurance ships, speaking, may not be illegal under cur- our border. That ain’t all, either. That and provide the technology necessary rent law. The law states that execu- ain’t all. You better believe it. It pro- for commanders to speak to each other tives in workforce enactment programs vides $60 million to expedite the inter- through a common operating environ- will be paid a ‘‘reasonable’’ salary. Un- operability of the FBI and Homeland ment. This level of funding is con- fortunately, that is a very elastic defi- Security fingerprint databases so that sistent with the recently filed Coast nition. There will always be a few bad we can have greater confidence about Guard authorization conference report. apples, people who will stretch that whom we allow to enter this country. The President often says that we live definition in ways that are clearly un- We know that as security at our land in a post-9/11 world. Frankly, the Coast ethical and wrong, even if not tech- borders is tightened, illegal aliens, Guard’s fleet of ships and planes is fit nically illegal. drug runners, and, yes, terrorists also— for the last century. To properly secure On that score, CIETC is the only terrorists—will turn to our waterways the maritime domain, the Coast Guard abuse that has come to light so far, to for entry into this country, our coun- needs a fleet fit for this century—the my knowledge. It is sort of the one bad try. here and now, this century. apple in a program with an otherwise According to Coast Guard statistics, If we are truly serious—and I hope we outstanding track record. Even one the flow of illegal aliens through our are—about securing our borders and case of abuse is one too many. My waterways has more than doubled in not just engaging in rhetoric and hot amendment will ensure that there is no the last 10 years, and it will continue air, then we will put real dollars—real repetition of this very unfortunate in- to grow. It will continue to grow. The dollars—where the rubber hits the cident. administration has concluded that road. To that end, my amendment encour- international migration ‘‘will be one of So, Mr. President, I urge my col- ages States to set maximum compensa- the most important factors affecting leagues to support the Gregg amend- tion levels for individuals employed by maritime security through the next 10 ment, the amendment offered by Sen- programs funded under the Workforce Investment Act, taking into account years’’ and that ‘‘a significant commit- ator JUDD GREGG, of which I am a prin- factors such as the State’s cost of liv- ment of security resources’’ is nec- cipal cosponsor. essary. Yet—could you believe it—the I yield the floor. ing, compensation levels for com- President did not request any supple- The PRESIDING OFFICER. The Sen- parable State or local government em- mental money for the Coast Guard to ator from Mississippi. ployees, and the size of a State’s job training program. In cases where a repair, replace, or enhance its ships, its Mr. COCHRAN. Mr. President, I know State fails to set a maximum salary, planes, and its helicopters. of no further Senators seeking recogni- The Coast Guard secures our water- tion on this amendment. I, too, support my amendment would impose a nation- ways, but the Coast Guard is doing it it. wide maximum equal to the Federal with ships and planes that, in some I am advised that the leader wants to executive level of salary. After the State audit of the Central cases, date back to World War II. Man, speak on the amendment. Iowa Employment and Training Con- that is a long time. How about that— I suggest the absence of a quorum. sortium was released on March 31, I doing it with ships and planes that, in The PRESIDING OFFICER. The urged the U.S. Department of Labor in- some cases, date back to World War II? clerk will call the roll. spector general to launch a thorough The assistant legislative clerk pro- This has resulted in a huge gap be- investigation, and that investigation is ceeded to call the roll. tween operational commitments and now in progress. In addition, Iowa’s Mr. HARKIN. Mr. President, I ask operational capabilities. For instance, State government is conducting a par- unanimous consent that the order for total Coast Guard patrol boat hours allel investigation. I asked both the the quorum call be rescinded. were only 75,000 in 2004, compared to Federal and State investigators to re- The PRESIDING OFFICER. Without 100,000 hours in 1998. Under the admin- port back to me with recommendations objection, it is so ordered. istration’s deepwater modernization for preventing a repeat of the abuse Mr. HARKIN. Mr. President, I under- plan, this gap will not be closed until that has occurred at CIETC. However, stand we are on the Gregg amendment 2012. Now, I wonder if I will be around we can and should act now to fix the now, and that will proceed under some that long. This gap will not be closed glaring problem here, which is the ab- fashion or form. I wish to take a few until 2012, at the earliest. How about sence of any fixed ceiling on executive minutes to talk about an amendment I that? Do you believe it? How about compensation in Workforce Investment will offer when this amendment is dis- that? Act programs. Current Coast Guard maritime patrol pensed with one way or the other. Again, my preference, and the way airplanes can only provide half of the I wish to announce my intention to the amendment is structured, would be hours required to meet operational offer an amendment to this supple- for each State to set their compensa- commitments. At the same time, fund- mental bill to ensure that Federal tion level. In cases where States fail to ing constraints require maintenance on funding appropriated for workforce in- act, my amendment would set a max- Coast Guard ships and planes to be de- vestment is used to help people in gen- imum executive salary level across the ferred more and more every year. You uine need and not to pay exorbitant Nation at executive level 2, which may not be around that long, either. salaries or bonuses to program execu- would be $165,000 a year maximum; No. Who knows? From fiscal years 2001 tives. that is salary and bonuses, total com- to 2005, the Coast Guard deferred over The amendment I will be offering pensation. As I said, that is equivalent $121 million in maintenance needed for would address a gross abuse of Federal to the Federal level 2 compensation. its surface fleet and $159 million in funds that was exposed recently in a Now, why did we pick that? Because maintenance needed for its air assets. State audit of the Central Iowa Em- that is the same maximum level that The administration has ignored this ployment and Training Consortium, or was set a few years ago for salaries in problem—ignored this problem—for too CIETC. The audit showed that three the Head Start Program when we un- long. Recent budget requests by this executives of this program were paid covered a similar kind of abuse that administration have allowed this crisis nearly $1.8 million over the past 21⁄2 was going on in the Head Start Pro- to fester, and fester. The pending years. The chief executive officer alone gram. So that is the level there. There amendment provides $600 million to ac- received almost $800,000 in salary and had been several isolated incidents of celerate the Coast Guard’s program to bonuses over that period of time, which exorbitant salaries in the Head Start modernize its fleet of ships and planes. is nearly 8 times the salary paid to the Program and they have stopped, This funding will provide for seven Governor of Iowa. thanks to that salary cap. additional maritime patrol airplanes Obviously, these levels of compensa- Clearly, $165,000 a year is a very sub- and three new patrol boats. The fund- tion are exorbitant and outrageous. stantial salary, but it might be appro- ing in the amendment would also allow What happened at CIETC is a scan- priate in certain circumstances; for ex- the Coast Guard to retrofit and arm its dalous abuse of the public funds and of ample, in the case of an executive who

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3481 is administering a very large Work- $800,000 per annum in salaries and bo- when they get the crop that between force Investment Act program, or one nuses, which is 8 times what the Gov- when the rains come and the crops are that is located in a high-cost city or ernor makes. ready to harvest, they don’t have bugs, State. So I intend to offer this amendment they don’t have grasshoppers, they We need to establish executive com- at some point later on when the Gregg don’t have disease on that crop. And pensation caps in the WIA-funded pro- amendment is disposed of in some fash- then if, by chance, they are able to har- grams. As a ranking member of the ion or another. I hope I can have the vest that grain, they truck it to the el- Senate subcommittee that funds job support of my colleagues in adopting evator, and they are told by the eleva- training, I find it hard to get that fund- this salary cap on Workforce Invest- tor: This is the price. This is what the ing. I fight hard because I know that ment Act programs. world price is. This is what the market quality job training provides a ladder Mr. President, I yield the floor. price is. This is what the posted price or ramp of opportunity to many thou- Mr. COCHRAN. Mr. President, I sug- is. If it is not what you expect, if it is sands of hard-pressed Americans, in- gest the absence of a quorum. below what it cost you to produce it, cluding individuals with disabilities The PRESIDING OFFICER. The that is tough luck, that is the price. and people who are laid off due to plant clerk will call the roll. So farmers take all those risks. Be- closings. The legislative clerk proceeded to cause they are substantial, we have de- Workforce Investment Act programs call the roll. cided for many decades in this country have proved themselves to be enor- Mr. DORGAN. Mr. President, I ask to build a bridge across those price val- mously effective. They have earned unanimous consent that the order for leys, to say to farmers: When times get broad bipartisan support. the quorum call be rescinded. tough, you are not alone. You are liv- There are four core programs under The PRESIDING OFFICER. Without ing out there on the land, under the title I of the act: objection, it is so ordered. yard light all by yourself taking those No. 1, assistance to disadvantaged Mr. DORGAN. Mr. President, we are risks, and we want you to know when adults, including people with disabil- on the supplemental appropriations times get tough, this country wants to ities, to assist them in entering the bill, I understand. I heard the presen- keep farmers on the farm. That is why workforce; tations by the chairman of the Appro- we have a farm program. No. 2, assistance to dislocated work- priations Committee and the ranking The farm program used to have a dis- ers; member earlier today. I would be re- aster title. It doesn’t any longer. I wish No. 3, training and placement serv- miss if I didn’t first compliment both it did. I think it should, but it doesn’t. ices for job seekers; and of them. This is not an easy job. It is We have had to do disaster programs No. 4, assistance to low-income difficult putting together legislation now on an ad hoc basis. So we added a youths under the age of 21, including such as this and bringing it to the floor disaster provision to this supplemental tutoring, dropout prevention, job train- of the Senate. I compliment Senator appropriations bill. We do that because ing, and adult mentoring. COCHRAN and Senator BYRD for their we have had weather-related disasters Funding for Workforce Investment diligent work. all around the country. In the Gulf Act programs is chronically scarce and I know that others will speak at Coast we had a devastating disaster, inadequate. On the one hand, we want some length about various pieces of perhaps the worst natural disaster in the discretion to pay salaries that will this bill. I know the bill itself is con- the history of this country, called Hur- attract talented administrators, and troversial. I know there will be amend- ricane Katrina. I can’t pretend to know we need to keep in mind local cost of ments perhaps to strip provisions that what it did to the Gulf of Mexico, to living considerations. But it is unac- are in the bill. I wish to speak specifi- the people who live in the Gulf Coast ceptable—it is a betrayal of the public cally about legislation that I added, region, in Louisiana and Mississippi trust—when unethical individuals use along with Senator BURNS and others and elsewhere. But my heart goes out scarce WIA funds to pay themselves in- on the Appropriations Committee, to them, and I have wanted to be a part flated and totally unjustified salaries dealing with agricultural disasters. I of everything that is done here in the and bonuses. Current law creates an wish to do that because I think there is Congress to extend our hand to them to opening that makes this kind of abuse a feeling by some that somehow this say: You are not alone. This country possible. But by setting a nationwide extra money that is a part of this legis- wants to help. This country insists on compensation cap that would include lation to try to respond to agricultural helping in a time of need. not only salaries but bonuses, we can disasters or disasters faced by family Family farmers in the gulf, I under- prevent future abuse. farmers is something called pork, as stand, got hit hard as well and, in That is the purpose of my amend- some would put it, or is unnecessary, is many cases, lost their entire crops, ment. I think it is urgently needed. I extraneous, is unworthy. I wish to talk just gone. We should and we will, and had a conversation a little bit ago with about that. with this legislation, we did provide Senator ENSIGN, who has been working There is not a lot of talk on the floor help to them. With this legislation, we on the Workforce Investment Act reau- of the Senate about family farming be- say: If you planted a crop or if you thorization bill. My staff is working to- cause I think, with the exception of couldn’t plant a crop and your crop was gether with his at this time to make perhaps one person here, we are not destroyed, we are going to help you sure that what we are trying to do cor- farmers. We don’t get up in the morn- with a disaster plan. Our point was responds. Now, you might say maybe ing on the farm. We don’t milk cows in that there are farmers in the gulf who we should wait until WIA is reauthor- the morning. We don’t check the cattle desperately need help, and there are ized. I hope it is, but the year is at night. We are Senators. We work farmers in other parts of the country clicking by and we have a lot on our here on the floor of the Senate. We give who need help as well. plate. It is a short work year. I am not speeches, go to committee hearings, I want to show you a couple of pic- sure if we are going to get it done. I and travel back and forth on weekends, tures. This is of a little town called might add that in the Job Corps Pro- but we don’t run a family farm. Souris, ND. This town called Souris, gram there is also a compensation cap, Family farmers in this country by ND, as you can see, was inundated with and that is a level 1. Head Start was their very nature are risk takers. They water in June of 2005, with torrential level 2. So we thought for Workforce don’t know what is ahead. They are rains that were just devastating, tor- Investment Act job training programs going to plant a seed and hope it grows. rential rains that came to this area it ought to be probably at about level They plant a seed in the spring, and and several other areas of my State. 2, maximum. Keep in mind, States can they hope that somehow they will har- The result was over 1 million acres— set it lower than that. It is based upon vest in the fall. They hope that after over 1 million acres—couldn’t even be the size of the job and the cost of living they plant that seed, they will get planted. Those farmers who had those factors and other factors. But they enough rain but, they hope, not too acres, they didn’t have a crop. They cannot go over that. That is what hap- much rain. They hope they don’t face a had a building and a family and a yard pened in Iowa. Unethical people were drought. If they get just enough rain, light, but they had nothing to harvest paying themselves, in one case, up to then they get a crop. Then they hope because they couldn’t get anything

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3482 CONGRESSIONAL RECORD — SENATE April 25, 2006 planted. Another nearly 1 million acres the question then is, Will Congress Third is the futures market which is was planted and then washed away by want to help? Should Congress help? supposed to be a market that estab- these torrential rains. The answer, in my judgment, is yes. lishes pricing strategies, but the fact is Another scene in Souris, ND. I could It is important not just for those fami- it has become an orgy of speculation. It show many pictures of exactly the lies living out on the farm; it is impor- is an unbelievable orgy of speculation. same circumstance in parts of my tant for the character of this country. So you have three things: The OPEC State that suffered devastating flood- There was a wonderful author who ministers, the bigger oil companies, ing. These farmers need help. Other wrote some remarkable books about bigger by merger, and then a massive farmers in States such as Illinois, for small towns and family farms, and he amount of speculation on the futures example, where they had the third dri- talked about the seedbed of family val- market. Then we are told: Here is the est year last year since 1895, are facing ues in America, in American history price of oil, it is $73. If you don’t like a drought. They too need help. coming from family farms. And that it, tough luck. If you don’t like it, you Last December, I offered a disaster seedbed of family values that comes do not understand; it is the free mar- amendment to the Defense Appropria- from family farms and rolls on to small ket. That is total baloney. There is no tions bill when we were in conference. towns and big cities and nurtures and free market here. All the pain is on the The Senate conferees accepted it, and refreshes the character of this country side of the consumers who pay 50 bucks the House conferees rejected it. That is is something that is very important to or 60 bucks for a tank of gas, and it is what brought us to this position on that which we call America. That is like hooking a hose right up to the this emergency supplemental of offer- why the desire that I and my col- pocketbook of the American people to ing another disaster bill. The support leagues, Republicans and Democrats suck money right into the treasury of in bringing that package to the floor of alike, have to offer a disaster piece on Exxon. That is what this is about. I am the Senate by Senator COCHRAN, who this emergency supplemental bill is so not anti-oil. We produce oil in our has always been a very strong advocate important. This isn’t about words; it is State. We also are heavy users of en- and supporter of family farming and about saying to families who were dev- ergy in our State. But what I am feel- American agriculture, and the support astated by weather disasters, who are ing strongly about is not about profits, by Senator BYRD and others when we living out on the farm, far from town, it is about profiteering. offered this in the Senate Appropria- under a yard light, struggling to try to When companies decide they are tions Committee, was very heartening. make a living, raising a family, to say going to ride this price in a way that It was approved unanimously in the to them: We understand what you are injures the American people—and I be- Appropriations Committee. So it now facing. You are not alone, and we want lieve what is happening today does do exists on the floor of the Senate. It is, to help. That is why this piece is in injury to the American people and is in many cases, the distance between this legislation. unfair and is not part of the so-called being able to continue farming and Again, I compliment the chairman capitalistic market system—then I being forced off the land for a good and I compliment the ranking member think Congress has a responsibility to many families in this country. for their work. act. We have a fellow in North Dakota Let me mention one additional piece. The President said this morning the named Rodney Nelson who writes. He A number of my colleagues today have Federal Trade Commission should do is a farmer and a rancher in Elmont, mentioned the energy issue, particu- an investigation. I and a couple of my ND. He wrote a question once. He wrote larly with respect to the price of gas colleagues wrote a piece of legislation a question on a piece of paper, and then and oil and the price of fuel. There last year that became law as part of asked this. He said: What is it worth? isn’t anybody hurt much more than the Energy bill that requires the Fed- He was talking about farming. He family farmers with what is happening eral Trade Commission to do the inves- said: What is it worth? What is it worth to the price of energy, and the price of tigation. If the President had called for a kid to know how to weld a seam? gas and diesel, especially. Family the FTC, he would have understood What is it worth for a kid to know how farmers are heavy users of fuel. It is that they have been doing an investiga- to build a lean-to? What is it worth for the way they plant their crop in the tion and will report sometime toward a kid to know how to drive a tractor, spring, and it is the way they take the end of May. grease a combine? What is it worth for their crop out in the fall, with the I have to confess, however, that I be- a kid to know how to butcher a hog? heavy use of fuel and the heavy use of lieve the Federal Trade Commission What is it worth for a kid to know all nitrogen and fertilizer. So there is no- has been dead largely from the neck up of these things? What is it worth for a body that is hurt more by what is hap- for some long while. I don’t expect kid to know how to teach a calf to suck pening with the price of gas and oil great results at the end of May, but, milk from a pail? What is that worth? than family farmers. It is devastating nonetheless, they are required and will What is it worth to have a kid know to them. be reporting the results of an inves- how to plum a door? What is that This legislation also includes a par- tigation sometime in mid to late May. worth? tial offset with respect to a percent of I believe there should be investiga- We know what it was worth in the direct payment that farmers receive as tions. I believe the issue of market ma- Second World War. This country sent a result of what is happening on energy nipulation is real. When you have mar- millions of young men, particularly off prices. But with respect to that, I want ket manipulation or potential price America’s farms, all around the world to make another point. We hear these gouging, the way the system works in to fight. They could do anything. They days that what is happening with re- this country, there ought to be a mech- could fix machinery, they could over- spect to the price of gas and oil is the anism by which you investigate it and haul an engine, they could do any- function of the market. There is no take action if necessary. But I believe thing. They knew how to weld, they market price that is a fair market in the meantime, when the price of oil knew how to build, they could do any- price for oil. First, you have OPEC goes where it has gone, and where, with thing. There is only one university in ministers that sit around a table from the historical circumstance that in America where they teach that, and OPEC countries and talk about how 2004, at $40 a barrel average price, the that is the American family farm. It is much we should produce and how much oil industry had the highest profits in the only place where you get that edu- we expect to get for it. That is No. 1. their history; and now with the price of cation. And the question is, What is it That is called a cartel; that is not a oil at $65 and $70 and $72 a barrel, we worth? What is it worth to a country? free market. have profits far in excess of that, de- That is the question I ask when we Second, we have oil companies. They spite the fact that the oil companies offer legislation to say that when fam- used to have one name, now two haven’t done anything to generate ily farmers get hit by torrential rains names, and sometimes three names. those profits. They have just come. I or drought, when family farmers get Why? Because they all got married, de- believe those profits above the $40-a- hit by devastating occurrences of cided to merge; big, blockbuster mega barrel pricetag is a windfall. weather that destroy their crops, de- mergers, bigger and stronger, with The oil companies say: Well, we need stroy their ability to make a living, more raw muscle in the marketplace. all those profits because we are sinking

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3483 that back into the ground to look for trying to make is that no industry, no of Executive Level II. Where Employment more energy. If they were doing that, I group of people are hurt more, in my and Training Administration funds appro- wouldn’t be here talking. But that is judgment, than family farmers. All priated in Public Law 109–149 are used for not what they are doing. They are buy- Americans are facing pretty stiff pen- compensation of an individual, the total fed- eral funding that may go to compensation of ing back their own stock. They are alties with these prices, but family that individual shall not exceed a rate in ex- drilling for oil on Wall Street. And, oh, farmers are devastated by these gas cess of Executive Level II. States may estab- by the way, there is no oil on Wall and diesel prices. For that reason, I lish a lower limit of total compensation for Street. That doesn’t come from me, think it is ever more important for us those receiving compensation from Employ- that comes from Business Week: Drill- to support the disaster package that ment and Training Administration funding ing for oil on Wall Street, and that is has come as a part of this emergency employed in that state, taking into account all about using the capital on Wall legislation brought to the floor of the factors including the relative cost-of-living Street to become bigger through merg- Senate today. in the state, the compensation levels for comparable state or local government em- ers, buying back stock, drilling for oil Again, I will speak at another time ployees, and the size of the organizations on Wall Street, or paying a retired on the floor about a couple of other that administer federal programs involved CEO, according to press reports, up to pieces of this legislation. I am enor- including Employment and Training Admin- $400 million for a retirement package. mously proud to be a part of the Appro- istration programs. That is not a golden parachute, that is priations Committee. I think we have a Mr. HARKIN. Mr. President, this is a platinum parachute, one that I have great committee. We work well to- the amendment about which I spoke a not heard of before. gether. It is a bipartisan committee. I little while ago on the Senate floor re- Does that anger the American peo- think the legislation we have brought garding setting a maximum national ple? It sure does, and they have a right to the floor, while not perfect, and cap on salaries and bonuses for people to be angry. Something is wrong with while we might alter it in one way or employed in the Workforce Investment this system. another, I don’t know, but I think Act programs across the United States. My colleague, Senator DODD, and I given the President’s request, this Sen- As I said earlier, States can set lower, offered an amendment last year that ate is responding. but this would at least set a maximum would have imposed a windfall profits Let me make this final point. One of which anyone could be paid in salaries rebate on profits above $40 a barrel at the responses with this legislation is to and bonuses in any of those programs. which price the oil companies have the replenish the accounts in the Depart- I thank the chairman of the com- largest profits in their entire history, ment of Defense with respect to what mittee for being willing to let me set and then we said this: But if those prof- we are asking our men and women to aside the amendment and offer this its are used to sink back into the do in the service of our country. I amendment. ground for additional exploration or to think each time we have done that, the I yield the floor. build refineries above ground, if those chairman and ranking member and The PRESIDING OFFICER. The Sen- profits are invested back to expand the every member of the Appropriations ator from Washington. supply of energy which will inevitably, Committee has indicated that when we ENERGY hopefully, reduce the price of energy, ask men and women to wear America’s Ms. CANTWELL. Mr. President, I the price of gasoline, then they will not uniform and go abroad and serve in come to the floor and join my col- be subject to the windfall rebate. If the harm’s way, we are going to do every- leagues on both sides of the aisle who oil companies, in short, are doing what thing conceivable, everything possible have been here for the better part of they say they are doing, then they will to fund that which is necessary for today, discussing the President’s com- not be affected. If they are not, if they them to do their job. That is at least a ments this morning about energy legis- are buying back their stock and drill- part, a significant part, of this legisla- lation and about price gouging and ing for oil on Wall Street and paying tion as well. about the Department of Justice and executives $400 million for a retirement I yield the floor. Federal Trade Commission investiga- package, then they get hit with a wind- Mr. HARKIN. Mr. President, with the tion of energy prices. fall profits rebate. All of the money concurrence and approval of my chair- Many of my colleagues here in this will be sent back to the American con- man of the Appropriations Committee, body know how important this is, and sumer as a rebate. All of it. I ask unanimous consent to set the how important it is that we move for- It is not a revenue-raising measure. pending amendment aside. ward. Yet I think we have actually It is not designed for the purpose of The PRESIDING OFFICER. Without been investigating for months. The fact raising money for the Government. It objection, it is so ordered. is designed for the purpose of righting remains that we need to do a more ag- AMENDMENT NO. 3600 a wrong: Taking the windfall profits gressive job in looking at the issue of Mr. HARKIN. Mr. President, I send and sending it back to the consumers price gouging. Fifty-seven Senators an amendment to the desk on behalf of as rebates from whence it came. here supported legislation in November We expect to offer that again. We myself and Senator GRASSLEY. of last year, giving the tools to the didn’t succeed last fall. I suppose some- The PRESIDING OFFICER. The FTC, the attorneys general, and to in- one could make the point that you clerk will report. dividuals who are responsible at the didn’t succeed because it wasn’t a very The legislative clerk read as follows. Department of Justice to investigate good idea. I would disagree strongly. I The Senator from Iowa [Mr. HARKIN], for price gouging. It is that same legisla- think it is the right idea. My hope himself and Mr. GRASSLEY, proposes an tion that I think would help us in mov- amendment numbered 3600. would be that when we offer it again on ing forward today, giving consumers this supplemental that we will be suc- Mr. HARKIN. I ask unanimous con- confidence as they head into the sum- cessful. One way or another, I think sent the reading of the amendment be mer driving season that we are doing the American people want this Con- dispensed with. everything in our power to get serious gress and this President to stand for The PRESIDING OFFICER. Without about a Federal price gouging ban and their interests. objection, it is so ordered. that we are going to make it a Federal I know we have larger energy prob- The amendment is as follows: crime. lems, longer term energy problems; I (Purpose: To limit the compensation of em- This legislation would create a new understand all that. We have price- ployees funded through the Employment ban on price gouging during national gouging legislation, and we have all and Training Administration) energy emergencies, giving the Presi- kinds of issues that we need to deal At the end of page 248, line 22, insert the dent authority to declare that emer- with. A good start would have been in following: gency. It would give the Federal Trade early 2001 with the meetings for which SEC. . None of the funds appropriated in Commission and State AGs and the De- Public Law 109–149 under the heading Em- we still have not received public infor- ployment and Training Administration shall partment of Justice the ability to levy mation. Notwithstanding that, we are be used to pay the compensation of an indi- civil and criminal penalties for proven where we are today and we need to find vidual, either as direct costs or any prora- price gouging up to $3 million and 5 our way out of this. The point I was tion as an indirect cost, at a rate in excess years in jail. And, on an ongoing basis,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3484 CONGRESSIONAL RECORD — SENATE April 25, 2006 it would put in place a new ban on mar- wait several months into the summer I suggest the absence of a quorum. ket manipulation and giving false in- season, as consumers are already being The PRESIDING OFFICER. The formation to the FTC or the Depart- hurt at the pump, to come to this con- clerk will call the roll. ment of Justice. clusion. The legislative clerk proceeded to If you think about it, it is similar to Since we have already had 57 Sen- call the roll. some of the requirements for those in- ators, a majority of the Senate, sup- Mr. THOMAS. Mr. President, I ask volved with the Securities and Ex- port this legislation, why not pass it unanimous consent that the order for change Commission and the Com- out of the Senate and give consumers the quorum call be rescinded. modity Futures Trading Commission, the confidence that, as they hear the The PRESIDING OFFICER (Mr. and the standards they are required to earnings reports from oil companies in THUNE). Without objection, it is so or- meet. This bill also gives the FTC the which they are making billions in prof- dered. authority to levy fines up to $1 million its, we are not going to give them a pat Mr. THOMAS. Mr. President, I will for each violation of market manipula- on the back. Instead, we are going to comment generally on the issue before tion, that is the market manipulation give a helping hand, to protect Amer- the Senate, the issue of supplemental and false information prohibitions in ican consumers at the pump this sum- emergency spending. this legislation. mer, as these prices are expected to Obviously, these last number of years Some people would say $1 million for continue to rise. we have had some emergency activi- price gouging doesn’t sound like a lot UNANIMOUS CONSENT REQUEST—S. 1735 ties. Whether they be the war on terror of penalties, but this is $1 million for Mr. President, I ask unanimous con- or Katrina, they are unusual expendi- each violation of the market manipula- sent the Commerce Committee be dis- tures. From time to time, everyone ex- tion ban. If you think about it, in the charged from further consideration of periences that, whether in your per- context of the market manipulation S. 1735 and that the Senate proceed to sonal life or in business. After unusual that is being discussed right now in the immediate consideration of that legis- expenditures, we have to make some Enron trials, on an ongoing basis there lation, that the Cantwell amendment effort to make up for that special were probably hundreds of instances of which I am sending to the desk be con- spending so we can get back within our market manipulation related to Enron. sidered and agreed to and the motion budget, we can get back to holding My colleagues and I offered this price to reconsider be laid on the table, that down the deficit to do something about gouging legislation on the floor and it the bill be read three times and passed, the financial situation caused by the received 57 votes, so I think it is time the motion to reconsider be laid on the unusual expenditures. That is tough. the Senate comes together on a very table, without intervening action or Nevertheless, it seems to me that is a aggressive approach to tell consumers debate. principle which is very important. that we will protect them this summer. Mr. COCHRAN. Mr. President, I ob- I will react a little bit to what seems The reason I say it is imperative we do ject. to be the case in the Senate. We are this now is because for the last 5 years The PRESIDING OFFICER. Objec- talking about emergency spending. The in the West we have suffered through tion is heard. bill we are debating today is expected the aftershocks of the western energy Ms. CANTWELL. Mr. President, I to be about emergency spending. It is crisis. That is, we have suffered the hope my colleagues will consider this. important we give a little thought to This Senator will continue to be vocal consequences in my State of the mar- what that means and not be inclined to on passing Federal legislation to make ket manipulation that Enron engaged use this opportunity to make expendi- price gouging a crime. I hope this is in. And five years later, really, we have tures that would be very hard to enti- legislation that we can take up in the gotten very little relief from Federal tle ‘‘emergency spending.’’ next several days, or at least in the regulators on that issue. By definition, emergency spending is What happens during periods of dys- next weeks, so we are giving consumers a supplement that breaks the caps and functional markets, where there is a before the Memorial Day recess the authorizes spending we did not account confidence that we have serious teeth lack of transparency, is that many peo- for or do not account for in the budget. in Federal legislation to protect them ple are hurt. Businesses are hurt, indi- Some expenditures are hard to justify. at the pump. We have the ‘‘emergency’’ regarding vidual consumers are hurt, even school I yield the floor. districts are hurt. We had one school The PRESIDING OFFICER. The Sen- the war on terror; however, we have district in Washington state that basi- ator from Mississippi. been in this for 4 years. We have known cally had to pay $2 million in addi- Mr. COCHRAN. Mr. President, by about it for some time. It did not hap- tional energy costs because of Enron way of explanation, the objection was pen instantly. Hurricane recovery and manipulated energy prices, and lodged because we are currently consid- ended almost 5 months ago. It is a lit- thereby ended up not hiring teachers or ering a supplemental appropriations tle of a stretch to say these are emer- buying books. bill on the floor of the Senate to appro- gencies we did not know about. We did All this leads to a simple and ines- priate funds to the Department of De- know about them, and we passed our capable conclusion. And that is, when fense, Department of State, and assist budget resolution without including it comes to energy commodities that gulf states in recovery from the devas- them. In that sense, there was no rea- power our economy, we have to be very tation cautioned by Hurricanes Rita son to exclude them from the regular aggressive at protecting consumers. We and Katrina. The request posed by the budget process. need to do everything in our power distinguished Senator would have not I understand that—hopefully—these right now at the Federal level to put us only required the Senate to turn imme- are temporary expenditures. I will con- on the right course and to fashion leg- diately to the consideration of the bill cede that a supplemental measure may islation that will help protect con- she is offering, but that it be consid- be a more appropriate way to add the sumers now. ered read, the debate concluded, no funds to the baseline budget. That said, If you think about the President’s re- amendments be in order, and that it be the bill that resulted from emergency quest, he is saying the Department of passed and the motion to reconsider be requests is then used to go beyond that Justice and the FTC should inves- laid upon the table. scope, in some instances. Instead of tigate. We do not even have the au- It is the judgment of the managers of narrowly controlling spending, this has thorities and remedies in current law the bill that the thing to do now in the become an overall opportunity for that would help in pursuing these cases Senate is to complete action on this projects that have very little, if any- and bring these individuals or corpora- supplemental appropriations bill. Over thing, to do with hurricane recovery or tions to justice if market manipulation $100 billion is being requested, ap- the war on terror but instead is used is found. So I encourage my colleagues proved by the Senate Appropriations for a number of other items. to move quickly on legislation that Committee, to fund these needed ac- Mr. President, $92.4 billion in addi- would give the Federal government the tivities, many of which are designed to tional spending was requested. We are true tools we need to investigate mar- protect our Nation’s security. So under now considering a bill of $106 billion. ket manipulation and to pursue rem- those circumstances I felt compelled to That is a substantial increase. That is edies on behalf of consumers. Let’s not object. a substantial excess of what could be

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3485 termed ‘‘emergency spending.’’ We The PRESIDING OFFICER. The percent increase, and high gas prices, ought to give it some consideration. clerk will call the roll. that make us uneasy at the pump, have The original request was far from The assistant legislative clerk pro- been very good for major oil compa- pocket change, of course. It was a very ceeded to call the roll. nies. They are more flush than they large request in the beginning. Yet we Mr. BIDEN. Mr. President, I ask have been anytime in history. Prices apparently felt compelled to add sig- unanimous consent that the order for went up during Katrina. Six months nificant new spending regardless of the the quorum call be rescinded. later, we learned that all three oil com- size of that. Almost all spending can The PRESIDING OFFICER. Without panies made record profits of a total of have an argument made for it. There is objection, it is so ordered. $111 billion. an endless need. We have to follow a Mr. BIDEN. Mr. President, as I un- So why am I on the Senate floor procedure that puts some limits on derstand the state of play on the about this? Everybody knows this. I am what we do. floor—I have been at meetings—it is stating the obvious. When it came my I don’t think there is any Member that I should withhold offering any turn to question in the Judiciary Com- who does not believe that spending has amendment now. But I am going to mittee, I asked the question of the gotten a bit out of control. If we look speak to an amendment I will be offer- chairman of the board of Exxon—and at the percentage of spending in our ing during the debate on the emer- Senator SPECTER had sworn all of the budgets over the last several years, it gency supplemental bill. witnesses in, so they were testifying has gone up. There are many factors, When we last debated budget matters under oath. And I said: May I ask you including the consideration of the role here on the floor, I came to the floor to a question, Mr. Chairman—the chair- indicate I was going to attempt to re- of the Federal Government with re- man of Exxon. Then I went down the peal the $2.6 billion in tax breaks the spect to the State government and line to the rest. Energy bill afforded the oil industry. I local government. Do we just continue I said: Are you aware of the incen- want to give my colleagues the context to spend as if there is no end? I think tives in the Energy bill we passed last in which I raised it then, raise it now, not. Certainly, when we take a look at year—that I voted against—which pro- and will raise it again. the deficit we have created, it has to be vided over $2.6 billion in incentives to It is very easy, I understand—I have oil companies in order for them to go resolved. been here a long while—to demagog the As I said, I am sure everything in- out and find, invest, drill, and seek new oil prices and oil industries and big cluded involves a need of some kind. resources and increase their capability companies, and, when things get tough, However, we have to set priorities. It to deliver to the market? to talk about blaming everybody’s He said: Yes, I’m aware of that. seems to me we have a responsibility problems on profits of companies. to the taxpayers to try to reconcile I said: Do you need that? In light of Well, the President, today, spoke, as a $35 billion profit, is there anything these unusual expenses we have had many of us have up to now, on the need over the last several years and deal you can tell me that would justify us to investigate and determine whether giving the industry, including you, an with those expenses so we get back to there is any gouging going on with en- extra $2.6 billion in incentives? where we are with the budget, get back ergy prices today by American oil com- I might add, so we put this in propor- to where we are with a programmed panies. But that is not why I am here tion, for $1.4 billion, we could put por- movement toward reducing the deficit. at this moment. tals at every single major port in the I cannot think of anything that is Senator SPECTER, the chairman of world that could detect whether a more important than to be fiscally re- our Judiciary Committee, held a hear- cargo container had a radioactive de- sponsible for what we are doing. There ing in the Judiciary Committee a cou- vice and/or a radiological device or a is no end to requests for spending. I un- ple weeks ago, before the Easter recess, nuclear device in that cargo container. derstand there are needs out there. where he summoned, if I am not mis- But it would cost $1.4 billion. We are However, I have come to the point taken, the CEOs of the six largest oil not doing that right now, in large part where we have to take a look at where companies. It may have been only four because of cost. we are, what we are doing, what our oil companies and one gas company So just to put this in perspective, $2.6 constraints are, what they should be, and one energy company. But I think it billion to incentivize the oil industry and begin to exercise a little more con- was six. I will get for the RECORD ex- now, could be used for a whole lot of straint and responsibility. I am very actly how many. But he included the other things. I am sure other of my col- uncomfortable moving entirely over to chairman of the board of Exxon and leagues would suggest there are other emergency spending on these big items other major oil companies. And the ways to use that money, not the least and then coming up with the request issue was whether there was some form of which would be to reduce the deficit. for emergency spending and adding an- of price fixing or gouging going on. But there are other ways to do it. So it other $15 billion, or whatever the It came my turn to question. There was not an idle question. We are not amount is, on top of that and putting it had been a good deal of discussion just talking about a little bit of out there to deal with. about how much money in annual prof- money. I hope we do have discussions on its and quarterly profits companies I do not think the chairman of these items. Quite frankly, I hope we were making. At that time, it was re- ExxonMobil liked my asking the ques- can return to where we were so we can ported that ExxonMobil reported the tion. But he indicated that, reluc- at least hold it to that amount re- highest annual profits, $36 billion, of tantly, when I reminded him he—well, quested for what is called emergency any corporation in American history. in fairness, I probably did not have to spending. If needed, we may have to That was not a surprise in the sense remind him he was under oath—but he offset something. I may offer an that they have had a great windfall indicated, no, he did not think that his amendment that strikes altogether the with oil prices. company or the industry needed that spending earmarks that exceed the We were at our conference lunch incentive in light of their economic President’s request. We ought to talk today and someone said: Oil is going to circumstance. about that in terms not only of each go to $4 a gallon. And Senator BOXER, Then I went down the line. And I will individual expenditure, which we al- sitting next to me, said: It’s already at submit for the RECORD the names of ways do, but talk about it in terms of $4 a gallon in my hometown in Cali- each of the companies represented and the policy, in terms of the overall di- fornia. the names of each of the CEOs sitting rection we are taking and how we are Well, it is well over $3 a gallon in in the witness chair. Every one of them going to resolve this issue of increasing most of our constituencies, and we are answered the exact same way. They all spending and deficits. It is time to paying that money, in my view, be- said: No, we do not need this $2.6 bil- come to the hitching post and take a cause we lack an energy policy. We lion. We don’t need any incentive in look at how we are going to do that. I lack an energy policy. And the one order to be able to proceed to maximize look forward to the debate that will that has been written has been written productivity, to maximize discovery, to take place. basically to benefit big oil and big gas. maximize product now. I yield the floor and suggest the ab- Since President Bush took office, oil And then I went back to the chair- sence of a quorum. prices have doubled, with at least a 100- man of Exxon—I worked my way down

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3486 CONGRESSIONAL RECORD — SENATE April 25, 2006 again—and I said: Would you support not originate in the House, and so on— think we should take the first step in an amendment I would offer repealing what I do want to do is, I want to get taking control of our national energy that incentive? And even more reluc- the Senate on record with a sense of policy and show the oil companies that tantly, he said: Yes. the Senate that the Senate Finance we are listening. They say they don’t I then went and asked that question Committee report back within 90 days need it. They say they would support it to all these oil company executives, a piece of legislation repealing—repeal- being repealed. Let’s not let them and they all said: Yes. ing—this $2.6 billion in incentives pro- down. Let’s, for one time, vote on So not only do they all acknowledge vided to the oil companies. something that everybody, including it is not needed, they all indicated, Now, the fact is, there are going to be the recipients, seems to be in agree- from the best of my recollection—and, some on this floor—and I am prepared ment with—everybody from the Presi- again, I will submit for the RECORD to listen to the argument because when dent, to the Senator from Delaware, to their exact statements—I may be I raised this before, some argued: Well, the chairman of the board of wrong about one or two of them, but smaller companies, companies pro- ExxonMobil, to the National Environ- not on whether they needed it but ducing less than 500,000 barrels a year mental Trust. whether they supported the repeal. I maybe need this incentive, that they I will withhold doing it now, but I think they all supported it. may need this incentive to maximize tell the chairman that at some point, I Mr. President, I ask unanimous con- their capability of producing oil. I do will be here to introduce that amend- sent that relevant testimony before the not think that is accurate, but I am ment, which will call for the sense of Judiciary Committee be printed in the prepared to listen to that. I am pre- the Senate that the tax committee, the RECORD. pared to listen to that. Senate Finance Committee, the com- There being no objection, the mate- But for the time being, I want to put mittee of jurisdiction, report back to rial was ordered to be printed in the my colleagues on notice that the last the Senate within 90 days a repeal of RECORD, as follows: group in the world that needs a tax these incentives. Senator BIDEN. Well, I mean, that is like break now is the oil companies—the I thank my colleague from Mis- saying—anyway, I do not have time because absolute last—not because they are bad sissippi for listening and the Chair for of the 5-minute rule here. Let me ask you, do guys, not because of anything else. I do giving me the floor. Unless somebody any of you need, to be able to do what you are doing now, $2.8 billion in incentives the not even know if they asked for it. else seeks the floor, I suggest the ab- Federal Government is having other tax- I often say to my friends on this side sence of a quorum. payers pay for? of the aisle that sometimes folks on The PRESIDING OFFICER. The Mr. TILLERSON. Well, Senator, we did not my side make a mistake. They don’t clerk will call the roll. lobby for any—— realize that rich folks are just as patri- The assistant legislative clerk pro- Senator BIDEN. I did not say you did. I am otic as poor folks. When you are hand- ceeded to call the roll. just asking, do you need it? ed windfalls, even poor folks would not Mr. MENENDEZ. Mr. President, I ask Mr. TILLERSON. No. turn their nose up at them. I don’t unanimous consent that the order for Senator BIDEN. Because you all point out we have to find alternative energy. It seems know whether the oil companies in- the quorum call be rescinded. to me we should take the $2.8 billion that sisted on this being in the Energy bill The PRESIDING OFFICER. Without you all are getting, and we should put it into or not, but I know they think it is not objection, it is so ordered. encouraging alternative energy. We should needed. I do know they say they would Mr. MENENDEZ. Mr. President, I ask go out and do—right? What do you think? support its repeal. So if there is any- unanimous consent that the pending Mr. MULVA. Senator, most of those incen- thing—to use the phrase of a former amendment be set aside. tives are directed towards energy in total, head of the Intelligence Committee— The PRESIDING OFFICER. Is there which is not necessarily the oil and gas busi- that has been a slam dunk in my 33 objection? Without objection, it is so ness. ordered. Senator BIDEN. Oh, it is mostly you guys. years as a U.S. Senator, this should be Mr. MULVA. And second, it goes to inde- it. We can reallocate $2.6 billion to AMENDMENT NO. 3598 pendent producers, which are primarily the needed, worthwhile initiatives and/or Mr. MENENDEZ. Mr. President, I bedrock of most of our—— reduction of the national debt or def- have an amendment at the desk and Senator BIDEN. But your company will icit, and we can do it with the very re- ask for its consideration. not be upset if we take those away, right? cipients of that $2.6 billion saying they The PRESIDING OFFICER. The Mr. MULVA. Correct. clerk will report. Senator BIDEN. None of you will object to don’t need it, they don’t want it, and us taking away those $2.8 billion of incen- they support us taking it away. The assistant legislative clerk read tives as they apply to you, is that right? So I cannot think of anything at all as follows: I note for the record, everyone is saying that can justify us keeping in the law The Senator from New Jersey [Mr. MENEN- okay. a tax break for a group of folks who do DEZ] proposes an amendment numbered 3598. Mr. KLESSE. Senator, excuse me. not need a tax break at all. The Amer- Mr. MENENDEZ. Mr. President, I ask Senator BIDEN. Do it quickly, I only have ican people need a break from these in- unanimous consent that further read- 24 seconds. Mr. KLESSE. Okay. Valero, we were inter- credibly high prices. It seems to me ing of the amendment be dispensed ested in the incentives to expand refining ca- that this is nonpartisan, and it is a no- with. pacity. That’s our business, and we were in- brainer. The PRESIDING OFFICER. Without terested in it. In a speech today, the President fi- objection, it is so ordered. Senator BIDEN. Do you still need it? nally stated that these companies (The amendment is printed in today’s Mr. KLESSE. Do we need it? don’t need these tax breaks. Senator RECORD under ‘‘Text of Amendments.’’) Senator BIDEN. Do you need them to ex- WYDEN has a provision currently in Mr. MENENDEZ. Mr. President, I pand? conference that would accomplish rise with a series of colleagues to offer Mr. KLESSE. No. Senator BIDEN. Good, okay, that is all I some of this. Senators FEINSTEIN and an amendment that provides much need. So they are all for my bill. I want the SUNUNU have tried to remove some un- needed, immediate relief for America’s record to show no one thought it would be necessary tax breaks for these compa- drivers. My amendment suspends the any problem withdrawing it for all of them. nies as well, which are already rolling 18-cent Federal gas tax for 60 days and Even though I only have 2 seconds left, I in profits. Numerous groups have makes up for the lost revenue by get- yield. agreed, from the League of Conserva- ting rid of unnecessary tax giveaways Mr. BIDEN. I have a simple propo- tion Voters, National Environmental to oil and gas companies. sition I am going to present to the Trust, Public Citizens, Taxpayers for In 2005, the oil and gas industry made floor. Although on a supplemental we Common Sense, and the oil compa- nearly $140 billion in profits. The five cannot change tax policy—we all know nies—they all agree these incentives largest oil companies made over $106 the blue slip rule, and to use the jargon are not needed. billion. ExxonMobil alone made a stag- my friend, the chairman of the com- We are not talking about $100,000 or gering $36 billion. Put another way, mittee, understands better than any- $500,000 or a half billion dollars; we are ExxonMobil’s profit alone last year is body here, I cannot, we cannot, legis- talking about $2.6 billion. You can do more than the Federal Government late tax policy on this bill that does an awful lot with $2.6 billion. So I spent on unemployment insurance,

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3487 more than it spent on medical re- Congress requested in the Energy Pol- with high gas prices will have a ripple search, and more than it spent on the icy Act for energy efficiency programs effect in the economy, as is also real- Nation’s highways. Their CEO just got and only 1 percent for renewable en- ized in the money that will be saved by a $350 million retirement package. ergy programs. those who bring to market produce That is about $144,000 a day for every The President continues to have the which ends up on our tables, and the day he worked at the company. These blinders on when it comes to real solu- costs of the transportation of products record profits and gilded bonuses are tions for our energy problems. He said to market across a wide scale of dif- occurring while the American people that consumers should buy more effi- ferent consumer needs are going to be struggle to get to work, to get home, cient cars, and we agree. But he re- affected as well. to pick up their kids from school, to mains opposed to higher fuel efficiency We see consistently companies add- take them to a soccer match, or to go standards. The most recent CAFE ing a fuel surcharge to the cost to the to a doctor, all because of record gas standards will improve light truck consumer. So this will have a ripple ef- prices. mileage by only 2.5 miles per gallon. fect in many different ways, and it is Last year, the big oil companies That is simply not enough. Passenger something we have the wherewithal to hiked gas prices and blamed an act of cars have the same standards they had do and do now and by doing so sending God. But it is crystal clear that the in 1985, over two decades ago. That is at the same time, I hope, a message to current spike in gas prices is at least not enough. the world marketplace and certainly to partly due to an act of greed—greed The President also continues to ex- OPEC that we are not hostage to them that has been enabled and even encour- pect the oil companies, out of the good- without some options of our own. aged by the administration, greed that ness of their hearts, to spend substan- Let’s show American families that has been aided by an energy bill that tial amounts of money on alternative we are serious about addressing today’s put the oil and gas companies first and energy technologies. Some of the more exorbitant gas prices. Let us adopt this the American people second. The en- forward-thinking companies are doing amendment to provide real relief now. ergy companies were already enjoying that, but most are not. It is the Gov- I urge my colleagues to join me and record profits and massive tax breaks ernment’s job to invest in these tech- adopt this amendment. when the President signed an energy nologies, and the President’s budget I suggest the absence of a quorum. bill that gave them billions more in has shown that he is not serious about The PRESIDING OFFICER (Mr. taxpayer subsidies, plus additional re- doing that. ALEXANDER). The clerk will call the lief from having to pay royalties—in In short, he suggests and he wants roll. essence, the Nation’s collective pat- the oil companies and the American The assistant legislative clerk pro- rimony for the oil and gas they produce consumer to do the things he is unwill- ceeded to call the roll. in our oceans. The last thing the oil ing to do. Mr. COCHRAN. Mr. President, I ask companies need is more handouts. The Last month, I joined Senator BINGA- unanimous consent that the order for first thing the American people need is MAN and the Senate Democratic leader the quorum call be rescinded. The PRESIDING OFFICER. Without more help. and other Democrats in offering an My amendment would give them that amendment to fully fund energy effi- objection, it is so ordered. Mr. COCHRAN. Mr. President, under help by establishing a 60-day holiday ciency and renewable energy programs rule XVI, I raise a point of order on the Federal gas tax. As we head into in the fiscal year 2007 budget. Unfortu- against the amendment. It is legisla- the summer driving season and its tra- nately, it was defeated. Democrats in both Chambers have tion on an appropriations bill. ditionally higher gas prices, we should Mr. MENENDEZ addressed the Chair. been at the forefront of proposing real not be burdening American consumers The PRESIDING OFFICER. The solutions to our energy problems, and with additional taxes. Temporarily sus- point of order is sustained, and the we were the first to call for the Presi- pending the gas tax will provide $100 amendment falls. million a day in relief to America’s dent to investigate price gouging by oil The Senator from New Jersey. drivers, America’s consumers. companies, a call he appears to finally Mr. MENENDEZ. Mr. President, I But we cannot starve the highway have heeded. tried to seek recognition to speak to trust fund with the crucial money This amendment is another idea that the point of order. I simply wish to say needed to fix our Nation’s roads. My this Congress and our President need this is consistent with what the Presi- amendment will repeal three unneces- to adopt. It is about providing imme- dent proposed this morning, so I be- sary tax breaks currently enjoyed by diate relief to overburdened consumers lieve we should have a vote on the Sen- the oil and gas companies, and it will who cannot afford for us to wait much ate floor. If we don’t have a vote today, also eliminate royalty relief and other longer. This morning, the President fi- we are going to continue to bring this production incentives enacted last year nally appears to be feeling the pressure measure before the body and will even- as part of the Energy bill. families have been feeling at the pump tually get a vote. With the price of oil as high as it is for quite some time. Mr. President, I ask unanimous con- and unlikely to drop in the foreseeable We heard what he had to say. The dif- sent that notwithstanding the points of future, companies don’t need more in- ference is that he doesn’t make a com- order which lie against this amend- centive from the Federal Government mitment. He says we should phase out ment, the amendment still be in order. to do their job. all of those tax benefits we have given Mr. COCHRAN. Mr. President, I ob- This amendment, of course, is only a the oil companies over the next decade, ject. short-term fix. We need a real energy but he doesn’t commit it back to The PRESIDING OFFICER. Objec- policy that takes real steps toward America’s consumers. Our amendment tion is heard. ending our dependence on oil, not the does that in the short term to give im- The Senator from South Dakota. lipservice the President has given this mediate relief to America’s consumers Mr. THUNE. Mr. President, there is issue before and gave again this morn- while still maintaining our transpor- no bigger issue facing the economy of ing. tation trust funds, the funds necessary the United States of America at the I listened to what he had to say. The to continue to keep America moving. current time than the high cost of en- President talks about wanting to end That is what this amendment is all ergy, and it has a ripple effect through- our dependence on foreign oil, but in- about. It is about keeping America out the entire economy. In my State of stead of starting a Manhattan-type moving, about keeping America roll- South Dakota, we have farmers who project to lead us to energy independ- ing, and about helping the families of are getting ready to go into the fields ence, we propose baby steps. The Presi- this country in a very significant way. to plant. Obviously, agriculture is a dent’s budget for fiscal year 2007 barely I think putting $6 billion in the very energy-intensive industry. brought renewable and clean energy re- hands and in the pockets of America’s In my State of South Dakota, we rely search funding back to 2001 levels, and consumers is ultimately giving them heavily upon the travel industry. Peo- it cut energy efficiency programs by 13 real relief at a critical time. Obviously, ple come to our State to see the Black percent. In all the President’s spend- putting that amount of money in their Hills and Mount Rushmore, so we are a ing, there was only 23 percent of what pockets at this time as they try to deal very energy-intensive State. We have

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3488 CONGRESSIONAL RECORD — SENATE April 25, 2006 long distances to cover. So when gas of Representatives and now in the U.S. of our supply comes from outside the prices come up and shoot through $3 a Senate, we have been blocked. We have United States. We have had opportuni- gallon or near that level in my State, been rebuffed by the folks on the other ties throughout the course of the time it has a profound impact on the econ- side of the aisle. In many cases, those that I have been here to do something omy of our State and on the pocket- have been tactics employed which about that. Every time I have voted to books of all South Dakotans. It is im- haven’t reflected the majority in the develop, explore, and to bring on line portant that this issue be addressed. Senate. There have been steps taken to many of those resources which are We have heard a lot of speechifying create a supermajority, a filibuster available to us for development, it has on the floor of the Senate today and a threshold over which we would have to been blocked and stopped by those on lot of news conferences held in front of get in order to get some of these poli- the other side who insist on having a gasoline pumps across this country, ev- cies put in place. political issue rather than a solution. erybody attacking and pointing fingers I go back to 1995 when, at that time, Just because I was interested in this and playing the blame game as gas the Republicans had just taken control debate, as a Member of the House—and prices have steadily crept upward. of the Congress and they passed in the as I said, I voted on energy exploration I will be the first one in this Chamber budget that year legislation that would on the North Slope of Alaska, what we to say that if, in fact, the oil compa- authorize exploration on the North know as ANWR—I went up there last nies have profiteered at the expense of Slope of Alaska. It passed the House year because I wanted to find out what hard-working consumers in this coun- and Senate, went to President Clin- the debate was all about because in try, that they should be prosecuted to ton’s desk, and it was vetoed. We hear trying to understand these issues, when the full letter of the law. If there is this still being debated in the Senate you come down here on the floor of the manipulation, collusion, price fixing, today. We get up and talk about the Senate, I believe it is important that or any other form of anticompetitive importance of taking advantage of the you have a full perspective and insight behavior for which we have laws in this resources we have here in the United into the arguments that are made by country, then they need to be held ac- States of America, including the North those on the other side. So we went to countable under those laws. Slope of Alaska; we hear the Demo- some of the development sites. We Furthermore, I also happen to believe crats on the other side get up and say: went to Prudhoe Bay, we went to the that if, in fact, they benefit from poli- Well, you can’t do that. It could take Alpine site, we went to Kabarak, and cies that are put in place, economic 10 years for us to get that production we went to the section 1002 area, which policies from which they can benefit, on line. Well, it is 10 years later. That is the area which was proposed for de- whether that be a tax incentive in the was 1995. It is now 2006, and we could velopment by an agreement that oc- Tax Code today, that they have an ac- have a million more barrels of oil in curred way back in 1980, I believe be- countability to us as Members of Con- the pipeline today addressing what is a tween Senator STEVENS and someone gress to explain why, for example, they very serious supply problem in this on the other side of the aisle at that can pay out $400 million to a retiring country, had that bill been signed into time. We looked at that area. We took executive or CEO. law back in 1995. one of those little planes, and we flew It seems to me at least that there are We have tried repeatedly since that out there and walked around in that some very hard questions that need to time, a number of times as a Member particular area, and we looked at the be asked and some very serious an- of the House of Representatives, where technology that is available today at swers that need to be given by folks in we voted. We voted to allow for that some of those sites and how they, with that industry. They need to be ac- development to occur, for that explo- a very minimal footprint on the sur- countable to the American public. As I ration to occur, and perhaps eventually face, are able to access enormous said before, I believe we need that ac- production to occur, and, of course, amounts of energy below the surface in countability. I believe we need to look again it was blocked and stopped. an environmentally sound way. They at those policies in place today from Most recently in December, in the use ice roads, and then during the sum- which those companies benefit. If, in Senate, before we adjourned for the mer months when everything melts, fact, they are making such enormous Christmas holiday, we had a vote on the roads disappear; they are gone. profits, then perhaps they don’t need whether we were going to do something It is a remarkable thing for anybody the support and the tax incentives that to help ourselves in the area of energy who wants to see it. You walk away are given to them by the American tax- independence and to develop that rich from that saying: Hold on just a payers, by Congress. So I am not going resource we have, somewhere between 6 minute here. I don’t understand what to in any way defend what are the billion and 16 billion barrels of oil on the big issue is. We have an oppor- practices, I believe, of many of the big the North Slope of Alaska, or about a tunity to do something about what are oil companies in this country. million barrels a day. We get about a the most pressing economic issues and Having said that, though, there is million and a half barrels a day from one of the most pressing national secu- also a lot of hand wringing going on Saudi Arabia. Can you imagine how it rity issues facing our country, and that and self-righteous politicking going on would lessen the supply problem if we is energy and energy independence, en- right now about the high cost of energy were able to bring that energy on line ergy security, and we have this vast re- and attempts again to cast aspersions, in this country? Yet again it was fili- source up there and we can’t get at it cast blame, try and blame the Presi- bustered. We had 57, 58 votes in the because it is consistently filibustered dent, blame the Republicans, and all Senate—a clear majority for doing here in the Senate even though there is these efforts that are made by people something about our supply problem. majority support, 57, 58 votes in favor who would rather have a political issue Yet the other side again blocked and of that. Yet after it passed the House than they would have a solution. now wants to blame, instead of doing and it went through the Senate, it got I have to say it seems to me that at what we ought to have been doing all to conference and it came back, and we the heart of this very issue is also what along, and that is working in a bipar- had an opportunity to do something I would call a decade of obstruc- tisan way to address what is a very se- that would allow us finally—finally—to tionism. We have tried for many rious crisis in America. explore and hopefully bring on line years—I served for three terms as a I remember when I was growing up that incredible resource on the North Member of the House of Representa- back in the 1970s, and people who were Slope of Alaska. tives—to get legislation through that around at that time also remember the For those who are concerned about would allow us to lessen our depend- gas lines, remember the talk at the the impact on the environment, you ence upon foreign sources of energy, to time about we are way too dependent should know that the caribou are doing add to the supplies we have in this upon foreign energy; we have to do fine. Caribou numbers have actually in- country, to allow us to take advantage something to lessen our dependence on creased, and they have dramatically of the rich resources we have in Amer- foreign sources of energy. At that time, over the past 30 years in that area. ica. Every time we have tried to do we were 50 to 55 percent dependent My point very simply is this: We as a that since I have been here as a mem- upon foreign sources of energy. Here we nation have to do something to help ber of the majority party in the House are some 30 years later, and 60 percent ourselves. We cannot continue to be

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3489 held over a barrel by the sheiks and the try, we have met the politics of ob- are also having a difficult time with re- mullahs in the Middle East or by Ven- struction. I mentioned earlier going fineries. We have what, in my view, we ezuela or any of the other countries back to 1995 when Congress passed leg- ought to be doing, and that is waiving from which we derive the majority or islation that would authorize explo- a lot of these requirements on these the vast majority of our energy sup- ration of energy in Alaska. But if you boutique fuels because right now, at plies in this country. America needs to look more recently than that, going this particular time of year, the refin- be energy independent. back even to 2003—when the President eries have to go through this exercise I believe that consists of many took office in 2001, they created an en- of remixing and coming up with all of things. I have been a big proponent of ergy task force, they made rec- these different types of blends. It seems renewable fuels. As a Member of the ommendations, they came up with an to me that at a minimum, we ought to House and now as a Member of the Sen- energy plan, and there was an energy be able to at least give them some tem- ate, I was delighted that we were able bill that was debated up here on Cap- porary relief from that, but we also last summer in the Energy bill to in- itol Hill, several different permuta- need to be building more refineries in clude in there a renewable fuel stand- tions of that, and ultimately one this country. ard for the first time. As a matter of passed. In 2003, an energy bill passed. It We voted on that in the Environment policy in this country, we have said we passed the House and Senate, and it and Public Works Committee, and it are going to guarantee a market for re- went into conference. The conference went down for all intents and purposes newable fuels. Frankly, why would we came out with a report that passed on a party-line vote. There was one Re- not, when we have all of these things overwhelmingly in the House, came publican who voted with the Demo- which we raise and grow, take a bushel back to the Senate in November of crats. The fact is, that is true. But we of corn and be able to convert it into 2003, and it was filibustered. had a wall of opposition from the 21⁄2 gallons of fuel we can use to run our It failed by two votes. Fifty-eight Democrats on the Environment and economy here in this country, do that? votes to shut off a filibuster here in the Public Works Committee to even re- It makes so much sense, and it lessens Senate that would have gotten us an porting the bill to the floor so that we our dependence upon our addiction to energy bill 2 years sooner, gotten us could engage in a debate so that all oil, which, as the President said in his down the path toward a renewable fuel Senators have an opportunity to par- State of the Union Address, and I give standard 2 years sooner, and addressed ticipate in that debate about whether him great credit for that, is something some of those supply issues 2 years we ought to do something about the we need to do, a direction in which we sooner. But no, it was blocked. It was issue of refinery capacity in this coun- need to move. Renewable energy is an delayed, it was filibustered, and it was try. important component of that. I believe killed in 2003 by that Congress. So my point again very simply is there are a number of things that we So to have people getting up now and this: Since I have been here, in three need to be doing in the area of con- many of my colleagues on the other terms in the House and during my time servation as well, but I want to see side going out and holding news con- in the Senate, I focused on energy be- more partnerships between manufac- ferences and getting up on the floor of cause it is important to my State, as I turers and retailers and producers of the Senate and beating their chests said earlier, and because I am a big ethanol and biodiesel and other renew- and making all these self-righteous proponent of increased use of renew- able energy so that we can begin to get speeches, to me it seems to be the very able fuels. But every time we have had away from that enormous amount of essence of hypocrisy, if you look at a a chance to vote, whether it is ANWR, dependence we have on oil. decade-long practice of obstructionism whether it is offshore production, Even today, we hope to produce in when it comes to putting in place whether it is refineries, whether it is the very near future 7.5 billion gallons sound energy policies that would have the Energy bill in 2003, we run into the of ethanol, which is what is called for lessened our dependence upon foreign same arguments. And you will hear the in the renewable fuel standard. I think sources of energy and put us much same arguments that we heard in De- we are going to have to increase that closer on a path toward energy inde- cember and that we heard back in 1995 dramatically because we are going to pendence. when we debated at that time the au- be there very soon. We are already at So as we get into this, I have a piece thorization of exploration in Alaska, the 4.5 billion gallon level, on our way of legislation which I have introduced and that is: It will take 10 years. Well, very quickly to 7.5 billion gallons, be- along with Senator OBAMA from Illi- like I said, 10 years ago, if President cause we have a desperate need in this nois that would provide additional in- Clinton had signed that bill into law, country, and production is coming on centives for fuel retailers to begin to that 10 years would now be up. But the line more and more all the time. But install pumps that would pump E–85, to point is, we can’t afford to wait an- even at that level, we use about 140 bil- build the demand and continue to cre- other decade. We can’t allow another lion gallons of gasoline a year in this ate this market, this opportunity to decade of obstructionism to prevent us country. So ethanol represents about 3 work on the production side. On the re- from doing what we ought to be doing percent of what the total demand or tail side, again, we need to be working to make America’s energy future more total consumption in America is for en- with the manufacturers when it comes secure. It is important that we focus as ergy today. So it is important in this to these flex fuel-type vehicles. I will Senators, and I hope in a bipartisan whole debate that we continue to de- continue to press forward on renewable way. But it doesn’t help the issue to velop those other sources, those tradi- fuels. That legislation—it is a bipar- have all of this partisan hand-wringing tional energy sources until such time tisan bill—and I hope it is something and politicking. I know it is a year di- as we can get where we begin that we can move through this Chamber, visible by two. Whenever it is a year di- transition toward renewable energy. along with other types of initiatives, visible by two, the rhetoric escalates a But in the short term, we have a including additional supply initiatives. lot, and when everything gets said and need. We have a need for oil resources. Frankly, there is one other issue done, a lot more gets said than done. As I said, in places such as Alaska, we which I should also mention because, The reality is, we have an issue on have an opportunity to do some things there again, we ran into basically which the American people want ac- offshore in this country. We have a lot party-line resistance in the Environ- tion. They should have had action 10 of offshore resources and reserves that ment and Public Works Committee. We years ago. They should have had action are available, not only of oil but of nat- tried to pass through the Environment 6 years ago. They should have had ac- ural gas, which is also a desperate situ- and Public Works Committee earlier tion 4 years ago. They should have had ation which many people in my part of this year legislation that would expand action in November of 2003, when that the country, in farm country, depend our refinery capacity. We have not particular Energy bill was filibustered upon because that is what fertilizer is built a refinery since 1976. We had by our colleagues on the other side. made from. Katrina wipe out much of our refinery But it is never too late to do the right Every time we have had an oppor- capacity in the gulf and, as a con- thing. tunity to do something to address the sequence, we are having a difficult We have an opportunity to do the long-term issue of supply in this coun- time not only with the supply, but we right thing for the American people. If

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3490 CONGRESSIONAL RECORD — SENATE April 25, 2006 that consists of, as I said earlier, tak- night can do so and then we will come CUSTOMS AND BORDER PROTECTION ing on the oil companies if there is any in in the morning and divide up what SALARIES AND EXPENSES evidence whatsoever that there has time is left over after morning business For an additional amount for ‘‘Salaries been collusion or price fixing or and have that vote. As I indicated, I and Expenses’’, $180,000,000, of which gouging or any form of anticompetitive only briefly talked to the majority $80,000,000 is for border patrol vehicle re- activity, then let’s put the screws to leader about this. We had a meeting placement and $100,000,000 is for sensor and surveillance technology: Provided, That none them. Let’s prosecute them to the full down at the White House, so I didn’t of the additional appropriations made avail- letter of the law. But let’s also do talk to him at any great length, but able under this heading may be obligated something we should have done a long this sounds like a fair way to go for- until the Committees on Appropriations of time ago, and that is begin to develop ward and move this bill along a little the Senate and the House of Representatives the resources that we have in this bit. receive and approve a plan for expenditure of country and do something to help our- Mr. COCHRAN. I thank the Demo- these funds: Provided further, That the entire selves so 30 years from now, when my cratic leader. amount is designated as an emergency re- quirement pursuant to section 402 of H. Con. kids are my age, they are not saying AMENDMENT NO. 3604 Res. 95 (109th Congress), the concurrent reso- the same thing that I am saying today, Mr. REID. Mr. President, I have an lution on the budget for fiscal year 2006. and that is that we have wasted 30 amendment at the desk. I call that up. AIR AND MARINE INTERDICTION, OPERATIONS, years and we are still as dependent on The PRESIDING OFFICER. Is there MAINTENANCE, AND PROCUREMENT foreign sources of energy. objection to setting aside the pending For an additional amount for ‘‘Air and Ma- Frankly, I don’t think we can wait amendment? rine Interdiction, Operations, Maintenance, that long because I do believe energy Mr. REID. I ask unanimous consent and Procurement’’ to replace air assets and security is a matter of national secu- to do so. upgrade air operations facilities, $790,000,000, rity, and there is nothing that has a The PRESIDING OFFICER. Without to remain available until expended, of which more profound impact and effect on the objection, it is so ordered. The clerk $40,000,000 is for helicopter replacement and pocketbooks of working Americans. It will report. $750,000,000 is for recapitalization of air as- is important that we do something The legislative clerk read as follows: sets: Provided, That none of the additional appropriations made available under this about this. It is time to end the ob- The Senator from Nevada [Mr. REID] pro- heading may be obligated until the Commit- struction. It is time to end the block- poses an amendment numbered 3604. tees on Appropriations of the Senate and the and-blame game. It is time to get down Mr. REID. I ask unanimous consent House of Representatives receive and ap- to the business of taking care of the the reading of the amendment be dis- prove an expenditure plan for the complete needs of the American people that they pensed with. recapitalization of Customs and Border Pro- expect us to address. The PRESIDING OFFICER. Without tection air assets and facilities: Provided fur- I yield the floor. objection, it is so ordered. ther, That the entire amount is designated as The PRESIDING OFFICER. The Sen- The amendment is as follows: an emergency requirement pursuant to sec- tion 402 of H. Con. Res. 95 (109th Congress), ator from Mississippi. (Purpose: To provide, with an offset, emer- Mr. COCHRAN. Mr. President, for the the concurrent resolution on the budget for gency funding for border security efforts) fiscal year 2006. information of Senators who may be TITLE ll—BORDER SECURITY CONSTRUCTION interested in knowing what the plan of EMERGENCY SUPPLEMENTAL APPRO- For an additional amount for ‘‘Construc- action is for the remainder of today, we PRIATIONS FOR BORDER SECURITY tion’’, $120,000,000, to remain available until have pending before the Senate an DEPARTMENT OF HOMELAND SECURITY expended: Provided, That none of the addi- amendment offered by the distin- OFFICE OF THE SECRETARY AND EXECUTIVE tional appropriations made available under guished Senator from New Hampshire, MANAGEMENT this heading may be obligated until the Com- mittees on Appropriations of the Senate and Mr. GREGG, relating to border security, For an additional amount for the ‘‘Office of the House of Representatives receive and ap- to strengthen, tighten up the provi- the Secretary and Executive Management’’ prove a plan for expenditure for these funds: sions of this bill with respect to ade- to provide funds for the Office of Policy, Provided further, That the entire amount is quacy of funding to protect the secu- $2,000,000: Provided, That the entire amount designated as an emergency requirement is solely for a contract with an independent rity of our borders. pursuant to section 402 of H. Con. Res. 95 non-Federal entity to conduct a needs as- It is our understanding that the (109th Congress), the concurrent resolution sessment for comprehensive border security: other side would like to have an on the budget for fiscal year 2006. amendment also offered tonight, with Provided further, That the entire amount is designated as an emergency requirement IMMIGRATION AND CUSTOMS ENFORCEMENT debate on it, as much as whoever wants pursuant to section 402 of H. Con. Res. 95 SALARIES AND EXPENSES to discuss it would like to engage in, (109th Congress), the concurrent resolution For an additional amount for ‘‘Salaries and then enter into some kind of agree- on the budget for fiscal year 2006. and Expenses’’ to replace vehicles, ment on having votes, back-to-back OFFICE OF THE CHIEF INFORMATION OFFICER $80,000,000: Provided, That the entire amount is designated as an emergency requirement votes or close together tomorrow, on For an additional amount for the ‘‘Office of pursuant to section 402 of H. Con. Res. 95 the two amendments, the Gregg the Chief Information Officer’’ to replace and (109th Congress), the concurrent resolution amendment and whatever amendment upgrade law enforcement communications, on the budget for fiscal year 2006. is offered on the other side. $50,000,000, to remain available until ex- That is the situation as I understand pended: Provided, That the entire amount is UNITED STATES COAST GUARD it. I am happy to see the distinguished designated as an emergency requirement ACQUISITION, CONSTRUCTION AND Democratic leader on the floor. He may pursuant to section 402 of H. Con. Res. 95 IMPROVEMENTS be able to add to that or clarify the in- (109th Congress), the concurrent resolution For an additional amount for ‘‘Acquisition, on the budget for fiscal year 2006. Construction, and Improvements’’ for acqui- tentions with respect to another sition, construction, renovation, and im- amendment tonight. UNITED STATES VISITOR AND IMMIGRATION STATUS INDICATOR TECHNOLOGY provement of vessels, aircraft, and equip- The PRESIDING OFFICER. The ment, $600,000,000, to remain available until For an additional amount for ‘‘United Democratic leader. expended: Provided, That the entire amount States Visitor and Immigration Status Indi- is designated as an emergency requirement Mr. REID. Mr. President, the man- cator Technology’’ to accelerate biometric pursuant to section 402 of H. Con. Res. 95 ager of the bill is absolutely right. We database integration and conversion to 10– (109th Congress), the concurrent resolution have an amendment that has been laid print enrollment, $60,000,000, to remain avail- on the budget for fiscal year 2006. down by the Senator from New Hamp- able until expended: Provided, That none of shire. We are going to lay one down. the additional appropriations made available FEDERAL LAW ENFORCEMENT TRAINING Rather than do a second-degree, we under this heading may be obligated until CENTER have talked to the floor staff, and it the Committees on Appropriations of the ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES would be more appropriate to have two Senate and the House of Representatives re- ceive and approve a plan for the expenditure For an additional amount for ‘‘Acquisition, side by side. of such funds: Provided further, That the en- Construction, Improvements, and Related Subject to the approval of your lead- tire amount is designated as an emergency Expenses’’ for construction of the language er, we would have those two votes requirement pursuant to section 402 of H. training facility referenced in the Master around noon tomorrow. We will debate. Con. Res. 95 (109th Congress), the concurrent Plan and information technology infrastruc- Anybody who wants to debate it to- resolution on the budget for fiscal year 2006. ture improvements, $18,000,000, to remain

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3491 available until expended: Provided, That the Paul. The amendment I have offered how we can defeat these explosive de- entire amount is designated as an emergency will secure the border in the same way vices. The Gregg amendment cuts these requirement pursuant to section 402 of H. as the Gregg amendment. It is the moneys. Con. Res. 95 (109th Congress), the concurrent same amount of money. The difference The Gregg amendment makes cuts to resolution on the budget for fiscal year 2006. is, I say, on an emergency appropria- the Defense Health Program which pro- Mr. REID. Mr. President, I am going tions bill, which we have before us—if vides medical assistance to our troops to briefly talk about this amendment there were ever an emergency, this is on the battlefield. One good thing tonight and then we will have more it—the Gregg amendment makes no about this war—and there are not a lot time in the morning if necessary. sense. I have the greatest respect for of good things about this war—is the I had the opportunity 3 weeks ago to- Senator GREGG. I think he is one of the percentage of the soldiers who are morrow to go to the border, the Mex- most principled people with whom I wounded who end up dying is very ico-California border. We flew. We have ever dealt. But I say this amend- much less than in any other war be- could see the Arizona border. I spent ment makes no sense. It robs Peter to cause we have such great medical at- the day there and certainly got an un- pay Paul at the end of the day by tak- tention on the battlefield and we have derstanding of some of the problems ing vital resources away from who? Our protective equipment for these sol- that these valiant Border Patrol agents military. And it fails to make us more diers. face. safe. It makes us less safe. So they are not dying at the rate San Ysidro, CA, is one of the entry There are lots and lots of examples of they did in the first Iraqi war, cer- points. It is hard to visualize this, but what an across-the-board cut would do. tainly not in Korea, and certainly not think in your mind’s eye of 24 lanes of In order to pay for border security, it in the Second World War and certainly traffic coming into America from Mex- cuts the military personnel account, not in Vietnam. But the Gregg amend- ico. That is what is at San Ysidro, 24 which includes cuts to pay and benefits ment makes cuts to this defense health lanes of traffic, one way; 24 lanes of for our Active Duty, our Guard and Re- program which provides medical assist- traffic, 7 days a week, year round. serve serving now in Iraq, Afghanistan, ance to our troops who are in the bat- While I was there, the agent showed and elsewhere around the world. Do we tlefield, not after they have come me some of the things they had been want to have an across-the-board cut home. And really, the senseless nature able to catch: a little utility truck, and there? I don’t think so. I hope not. of this amendment is that it makes hidden in it was narcotics in a secret The underlying amendment, the cuts to the Death Gratuity Fund which compartment; a car, a compact car, Gregg amendment, makes cuts to oper- assists families of fallen soldiers. and they had built a canvas drop in it ations and maintenance which provide Also, I think almost every Senator under the back seat. Eight people were for the body armor, for example, and has been to Walter Reed or Bethesda. You will see parents there with their stuffed into that in the compact car, the other day-to-day needs of our wounded sons and daughters, husbands underneath so you couldn’t see them, troops fighting in Iraq and Afghani- and wives. There is a fund that helps but the dogs and agents were able to stan. pick them up. The underlying Gregg amendment bring these people here. A lot of it is These were only two examples. All makes cuts to the Iraqi security forces done through other charitable organi- day long this goes on. I talked to the training. I had the good fortune to be zations, but we don’t want to cut the Defense Health Program. And we don’t agents about the walls that have been invited to the White House today, and want to cut the Death Gratuity Fund. put up. These people, called coyotes— on the big TV screen there in the White The Gregg amendment forces us to call them whatever you want—these House we had the Ambassador to Iraq people, who are criminals, who take take from our troops to fortify our bor- from the United States and General ders. That is a false choice. We do not money from Mexicans to bring them Casey telling us what is going on in into the United States, sit up on one have to choose between a secure border Iraq. and a secure military, especially at a fence, which is a metal fence. On the One of the things General Casey and time when we are in a war. We can se- other side there is a chain-link fence. If Khalilzad talked about was what is cure our borders and support our mili- they see a Border Patrol agent, they happening with the training of Iraqi have these powerful slingshots that tary. forces. We are going to cut this money As I have indicated, I am 100 percent have hospitalized our agents. down as a result of border security? I for securing our borders. But we can The Border Patrol agents say they don’t think that is a good idea. find a better way to do it than cutting can handle most of the traffic of people If we are going to succeed in Iraq, necessary resources from the men and coming across the border. But what and that is very questionable at this women who keep us safe. This is an they need is protection against auto- time, but if we are going to succeed in emergency appropriations bill. If there mobiles coming across the border. That Iraq, and I hope we do, one of the key were ever an emergency, it is our bor- is what they need help with. In a few areas of concern is the Iraqi security der with Mexico and at times the places they have big metal things, forces. If we are going to bring our northern border. about this big, that are stacked side by troops home, we have to bring them up, So I hope we can go forward with side to keep automobiles from coming and this amendment, the Gregg amend- these resources but, as with the other across the border. ment, cuts those moneys. things in this bill, this is an emer- The only reason I paint this very The Gregg amendment makes cuts to gency. Our amendment calls for spend- meager picture of some of the things I the Joint Improvised Explosive Device ing the $2 billion, but it would fall in saw is, as we speak, there is an emer- Defeat Fund, which aids our troops in line with the other matters in this bill. gency on the southern border. I am eradicating the deadly IEDs they con- It would be an emergency. happy for the $2 billion. I am happy to front daily. The reason that is so vi- I hope Senators will vote for this, put it into border security. That is im- tally important is when the war start- what we call a side-by-side that I have portant. I have talked about com- ed, basically what the terrorists used offered. This is the right way to do prehensive immigration reform, and I were garage door openers. That is what this. I don’t think anyone should have have done it often and I always start they used, a garage door opener, basi- on his or her conscience voting an with: Let’s protect our borders. Then cally. A vehicle comes by, they planted across-the-board cut on a defense bill. we move into the guest worker pro- a bomb, they push that down, it blows This is basically a defense bill, this gram, then we move into the path of le- up. supplemental. We should not have this galization, and then we move into what We have worked on ways to change on our conscience. Border security is we are going to do to make sure em- that. But the Iraqis have also worked an emergency without any question in ployer sanctions are meaningful. to stay ahead of us. That is why we my mind. I hope Senators will agree. I am in favor of the $2 billion, but I still have these bombs going off. It is Mr. REID. Mr. President, I suggest am not in favor of the across-the-board because we have to continually work the absence of a quorum. cut that is in the underlying Gregg with money from the Improvised Ex- The PRESIDING OFFICER (Mr. amendment. That is not right. It is not plosive Device Defeat Fund to have sci- CHAMBLISS). The clerk will call the right because it is robbing Peter to pay entists and other technicians decide roll.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3492 CONGRESSIONAL RECORD — SENATE April 25, 2006 The legislative clerk proceeded to pended: Provided, That the entire amount is UNITED STATES COAST GUARD call the roll. designated as an emergency requirement ACQUISITION, CONSTRUCTION AND Mr. COCHRAN. Mr. President, I ask pursuant to section 402 of H. Con. Res. 95 IMPROVEMENTS (109th Congress), the concurrent resolution unanimous consent that the order for For an additional amount for ‘‘Acquisition, on the budget for fiscal year 2006. the quorum call be dispensed with. Construction, and Improvements’’ for acqui- The PRESIDING OFFICER. Without UNITED STATES VISITOR AND IMMIGRATION sition, construction, renovation, and im- STATUS INDICATOR TECHNOLOGY objection, it is so ordered. provement of vessels, aircraft, and equip- Mr. COCHRAN. Mr. President, this is For an additional amount for ‘‘United ment, $600,000,000, to remain available until States Visitor and Immigration Status Indi- a statement of an agreement that has expended: Provided, That the entire amount cator Technology’’ to accelerate biometric is designated as an emergency requirement been reached between the two leaders database integration and conversion to 10- pursuant to section 402 of H. Con. Res. 95 regarding the votes on the pending print enrollment, $60,000,000, to remain avail- (109th Congress), the concurrent resolution amendments. able until expended: Provided, That none of on the budget for fiscal year 2006. the additional appropriations made available I ask unanimous consent that at 12 FEDERAL LAW ENFORCEMENT TRAINING under this heading may be obligated until o’clock on Wednesday, April 26, the CENTER the Committees on Appropriations of the Senate proceed to a vote on the pend- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, ing Gregg amendment, as modified, to Senate and the House of Representatives re- ceive and approve a plan for the expenditure AND RELATED EXPENSES be followed immediately by a vote on of such funds: Provided further, That the en- For an additional amount for ‘‘Acquisition, amendment No. 3604 on the subject of tire amount is designated as an emergency Construction, Improvements, and Related border security offered by Senator requirement pursuant to section 402 of H. Expenses’’ for construction of the language REID; provided further that no second- Con. Res. 95 (109th Congress), the concurrent training facility referenced in the Master degree amendments be in order to the resolution on the budget for fiscal year 2006. Plan and information technology infrastruc- amendments and that when the Senate CUSTOMS AND BORDER PROTECTION ture improvements, $18,000,000, to remain available until expended: Provided, That the resumes consideration of the bill on SALARIES AND EXPENSES entire amount is designated as an emergency Wednesday all debate time until the For an additional amount for ‘‘Salaries requirement pursuant to section 402 of H. votes be equally divided between the and Expenses’’, $180,000,000, of which Con. Res. 95 (109th Congress), the concurrent two leaders or their designees. $80,000,000 is for border patrol vehicle re- resolution on the budget for fiscal year 2006. placement and $100,000,000 is for sensor and The PRESIDING OFFICER. Is there GENERAL PROVISIONS—THIS TITLE objection? Without objection, it is so surveillance technology: Provided, That none REDUCTION IN FUNDING ordered. of the additional appropriations made avail- able under this heading may be obligated Mr. COCHRAN. Mr. President, I SEC. ll. The aggregate amount provided until the Committees on Appropriations of by chapter 3 of title I of this Act and chapter thank the distinguished Democratic the Senate and the House of Representatives 3 of title II of this Act may not exceed leader, and I thank all Senators for receive and approve a plan for expenditure of $67,062,188,000. their cooperation in the consideration these funds: Provided further, That the entire Mr. COCHRAN. Mr. President, I sug- amount is designated as an emergency re- of this bill today. gest the absence of a quorum. I suggest the absence of a quorum. quirement pursuant to section 402 of H. Con. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Res. 95 (109th Congress), the concurrent reso- clerk will call the roll. clerk will call the roll. lution on the budget for fiscal year 2006. The legislative clerk proceeded to The legislative clerk proceeded to AIR AND MARINE INTERDICTION, OPERATIONS, call the roll. call the roll. MAINTENANCE, AND PROCUREMENT Mr. FRIST. Mr. President, I ask Mr. COCHRAN. Mr. President, I ask For an additional amount for ‘‘Air and Ma- unanimous consent that the order for unanimous consent that the order for rine Interdiction, Operations, Maintenance, and Procurement’’ to replace air assets and the quorum call be rescinded. the quorum call be dispensed with. upgrade air operations facilities, $790,000,000, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without to remain available until expended, of which objection, it is so ordered. objection, it is so ordered. $40,000,000 is for helicopter replacement and AMENDMENT NO. 3594, AS MODIFIED $750,000,000 is for recapitalization of air as- f Mr. COCHRAN. Mr. President, I ask sets: Provided, That none of the additional MORNING BUSINESS unanimous consent that the Gregg appropriations made available under this amendment be modified with the heading may be obligated until the Commit- Mr. FRIST. Mr. President, I ask tees on Appropriations of the Senate and the changes at the desk. unanimous consent there now be a pe- House of Representatives receive and ap- riod of morning business with Senators The PRESIDING OFFICER. Without prove an expenditure plan for the complete objection, it is so ordered. The amend- permitted to speak for up to 10 minutes recapitalization of Customs and Border Pro- each. ment is so modified. tection air assets and facilities: Provided fur- The amendment (No. 3594), as modi- ther, That the entire amount is designated as The PRESIDING OFFICER. Without fied, is as follows: an emergency requirement pursuant to sec- objection, it is so ordered. At the appropriate place, insert the fol- tion 402 of H. Con. Res. 95 (109th Congress), f lowing: the concurrent resolution on the budget for fiscal year 2006. ENERGY PRICES TITLE ll—BORDER SECURITY CONSTRUCTION EMERGENCY SUPPLEMENTAL APPRO- Mr. FRIST. Mr. President, I would For an additional amount for ‘‘Construc- PRIATIONS FOR BORDER SECURITY like to make a few comments on what tion’’, $120,000,000, to remain available until DEPARTMENT OF HOMELAND SECURITY is on the forefront of most people’s expended: Provided, That none of the addi- minds today, especially if they have OFFICE OF THE SECRETARY AND EXECUTIVE tional appropriations made available under MANAGEMENT this heading may be obligated until the Com- been in their automobiles or their For an additional amount for the ‘‘Office of mittees on Appropriations of the Senate and trucks or driving their tractors, and the Secretary and Executive Management’’ the House of Representatives receive and ap- that is the rising oil prices. As the to provide funds for the Office of Policy, prove a plan for expenditure for these funds: weather heats up and families plan $2,000,000: Provided, That the entire amount Provided further, That the entire amount is their summer vacations, many are get- is solely for a contract with an independent designated as an emergency requirement ting increasingly frustrated by the ris- non-Federal entity to conduct a needs as- pursuant to section 402 of H. Con. Res. 95 ing price of gas. Every day it seems gas sessment for comprehensive border security: (109th Congress), the concurrent resolution prices are ticking up, and some areas of on the budget for fiscal year 2006. Provided further, That the entire amount is the country gas prices have already designated as an emergency requirement IMMIGRATION AND CUSTOMS ENFORCEMENT topped a whopping $3 per gallon. Ex- pursuant to section 402 of H. Con. Res. 95 SALARIES AND EXPENSES (109th Congress), the concurrent resolution perts tell us that these already high For an additional amount for ‘‘Salaries on the budget for fiscal year 2006. prices only threaten to get worse as we and Expenses’’ to replace vehicles, head into the summer driving months. OFFICE OF THE CHIEF INFORMATION OFFICER $80,000,000: Provided, That the entire amount For an additional amount for the ‘‘Office of is designated as an emergency requirement While we understand global supply the Chief Information Officer’’ to replace and pursuant to section 402 of H. Con. Res. 95 and demand pressures around the upgrade law enforcement communications, (109th Congress), the concurrent resolution world, especially China and India, are $50,000,000, to remain available until ex- on the budget for fiscal year 2006. the main culprits, it really doesn’t

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3493 seem fair to the average American con- search and development of hydrogen States are now restricted from pur- sumer that they are having to pay so fuel cells. If just 20 percent or one out chasing large quantities of ingredients, much at the pump each time they fill of five cars used fuel cell technology, like pseudoephedrine, used to make up their vehicle. It simply can’t go on we would cut oil imports by 1.5 million meth. This law is a step in the right di- indefinitely. We can’t continue to rely barrels a day. rection. However, as we heard today in on foreign oil that comes from govern- We need to build on these initiatives the Finance hearing, there is much left ments that are unstable or are directly and encourage American consumers, to be done. hostile to America’s interests. Just the producers, and entrepreneurs to One particular aspect of meth abuse this week, Iran’s hard-line President think beyond oil. I believe, as does the that was addressed in the hearing threatened that ‘‘the global oil price President, that America’s future lies today is the impact that this poisonous has not reached its real value yet.’’ with technology that will allow Ameri- drug is having on our Nation’s chil- We need to find short- and long-term cans to use environmentally safe and dren. The hazards to children living in solutions to America’s dangerous de- diverse energy sources. Instead of driv- meth homes are numerous. First, when pendence on these foreign sources of ing into a gas station, we will pull up meth is being cooked, children are ex- oil. We need to find ways to strengthen to a fueling station where we might posed to dangerous gases and haz- and diversify our own domestic supply. plug in or fill up with ethanol, elec- ardous waste which spread throughout On Monday, Speaker HASTERT and I tricity, or hydrogen or some combina- the house, contaminating everything, sent the President a letter. In that let- tion that technology has made pos- including the children’s clothes and ter we urged an effort to direct the sible. toys. A recent study shows that the Federal Trade Commission, as well as Political instability in Venezuela amount of exposure children living in the Department of Justice, to examine, won’t send our energy prices soaring. meth lab homes have is about the same investigate possible price gouging and Foreign dictators won’t be able to use as if they were using meth directly. other anticompetitive practices that oil to hold the world’s policies hostage. Secondly, these labs often explode, re- may be unfairly driving up gas prices. America will be safer and more secure sulting in serious injuries, burns, and Price gouging, price fixing, and other with American energy coming from even death to innocent children. forms of collusion are wrong. They are American sources. Children living in homes where meth immoral. They should be prosecuted to The Energy bill we passed last year is is being made are also more likely to the full extent of Federal and State a good start. We can accomplish a be severely neglected and physically, law. I am pleased that the President whole lot more if we can get bipartisan mentally, and sexually abused by mem- announced yesterday that the inves- cooperation. Unfortunately, when it bers of their own family as well as tigations we asked for are underway. I comes to energy security, bipartisan- other individuals who may be present. also urge consumers to report any sus- ship has been hard to come by, and Meth causes users to become paranoid picious activity directly to the Depart- that makes solving the energy problem and irritable, often leading to child ment of Energy’s Web site so that we even more difficult. abuse. Once the drug wears off, users can track down any wrongdoers and Developing new energy sources takes tend to sleep for long periods and some- bring them to justice. time and research. For example, had times days, leaving children to fend for Meanwhile, Senator STEVENS and President Clinton not vetoed ANWR a themselves. others have developed an anti-price- decade ago, the reserve would be pro- One individual testifying today told gouging bill in response to my request ducing a million barrels of oil a day the committee about a mother who was last fall following the hearing with the right now. That is about three-fourths on a meth binge and literally forgot CEOs of the major oil companies. I an- of what we currently import from she had a baby. Child protective serv- ticipate that the Senate will take up Saudi Arabia. ices was called when the woman did the Stevens proposal. In addition, the I hope to be able to work with my not pick up her 2-month-old from a President has wisely called for sus- colleagues on both sides of the aisle to babysitter. Three weeks later when the pending additions to the Strategic Pe- find fair and effective ways to mother was located, she admitted that troleum Reserve this summer. We have strengthen and diversify America’s en- she had been on a meth binge. enough oil in the reserve to get ergy supply. Child welfare services throughout the through any major short-term supply Challenge, action, solutions—that is Country have seen a sharp increase in disruptions. While it is not a lot, this what the American people sent us here the number of children removed from brief halt will leave a little more oil on to do. By staying focused on our long- meth homes in the last several years. the market and, as the President said, term goals, we can keep America mov- Two weeks ago in Knoxville, TN, a 18- every little bit helps. ing forward. month-old boy was rescued from a These are important first steps in f meth home when law enforcement raid- bringing relief to millions of Ameri- ed the house and arrested his mother cans being pummeled with high prices METHAMPHETAMINE and her boyfriend for manufacturing at the pump. But there is much more Mr. FRIST. Mr. President, the grow- meth. Sadly, this is just one example of to be done. We need to think long term ing problem of meth has been particu- a much larger problem. and strategically on how to move the larly personal to me. As I have traveled In the last 2 years, over 1,000 children supply and demand equation in our across my home State of Tennessee, I have been removed from homes in Ten- favor by breaking America’s addiction have heard the heart-wrenching stories nessee due to meth-related investiga- to oil and diversifying our energy sup- of how meth is tearing families apart tions. And, nationwide, thousands ply. Instead of looking for scapegoats, and about the unique challenges that more children were rescued from as the other side is doing now, we need meth abuse presents to law enforce- homes where meth was being cooked. to look for solutions and provide long- ment and social services. Dr. Nancy Young testified today that term security for the American people. I would like to commend Chairman in the last 5 years, over 15,000 children Last summer, after a decade of par- GRASSLEY and Ranking Member BAU- have been impacted by meth manufac- tisan obstruction, Congress passed a CUS of the Finance Committee for hold- turing nationwide. She added that this comprehensive energy bill. We doubled ing a hearing earlier today to discuss number was very low because many in- the amount of ethanol and biodiesel in the social and economic impact of cidents go unreported. our gasoline. By 2012, this should re- methamphetamine on our Nation’s The methamphetamine epidemic con- duce oil consumption by 80,000 barrels child welfare system. tinues to place a tremendous strain on a day. We passed a hybrid car tax cred- Law enforcement ranks the number an already overburdened child welfare it of up to $3,400 per vehicle. There is one drug problem—above cocaine, system. Child protective services and more that we can do to encourage con- marijuana, and heroin. I am proud that welfare officials are struggling to cope sumers to purchase fuel-efficient hy- the Senate listened to law enforcement with the staggering increase in meth- brid cars, and we will pursue those op- and that we acted earlier this year by related cases and the subsequent chal- tions vigorously. The Energy bill also passing the Combat Meth Act. Because lenges associated with this particular allocated significant funding for re- of this legislation, meth users in all 50 addiction. Social workers in rural

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3494 CONGRESSIONAL RECORD — SENATE April 25, 2006 areas, where meth use is particularly Week. We have had events in Nevada bia against various drug cartels and prevalent, are rarely trained to deal before, especially on our university guerilla groups which threaten Colom- with the unique issues related to this campuses, but this year is the first bia’s security. Colombia faces two left- drug. They put themselves into harm’s community-wide march in Las Vegas. ist and one rightwing insurgent group way every time they go into a home to I am pleased to see this event ex- that wage guerilla warfare, carrying rescue a child, both because of the panding into the entire Las Vegas com- out kidnappings, hijackings, attacks toxic chemicals to which they are ex- munity. Take Back the Night marches on civilians, and political assassina- posed, as well as the combative and are positive events that bring together tions. The primary threat that Colom- sometimes violent state of the addicted communities and empower victims of bia faces is from FARC. Ambassador parents. domestic violence and sexual assault. Wood estimated that FARC is com- As was highlighted by Chairman The women and men who have survived posed of 17,000 members and operates in GRASSLEY and Senator BAUCUS this these crimes can see they are sur- approximately 40 percent of Colombia. morning, the current funding structure rounded by strong and supportive Senator SESSIONS and I were also for America’s child welfare system is friends, neighbors, family members, made aware of some recent changes outdated and ill-equipped to respond to and advocates. As organized by the that have occurred to Colombia’s jus- the challenges of the methamphet- Rape Crisis Center, this Take Back the tice system. Ambassador Wood stated amine epidemic. We need to look at Night includes activities for children that the new Colombian Justice system how we can better help States and and families, music, food, an open has instilled in the Colombian people a communities respond to the spike in microphone, and a peace rally. new level of confidence in the prosecu- the number of meth-related child wel- I have been a longtime supporter of tion of criminals. The new system pro- fare cases, and I am pleased that the legislation to combat violence against vides for live testimony through the Finance Committee will continue to women, including the landmark Vio- implementation of an oral accusatorial investigate the Federal role in healing lence Against Women Act, VAWA. I system, whereas the previous system children and families who are plagued voted for VAWA in 1994 and its reau- was nonadversarial and operated al- by this dangerous and highly addictive thorization in 2000 and 2005. Our society most exclusively on the basis on writ- drug. can never be strong unless all its mem- ten testimony. Ambassador Wood stat- Again, I thank Chairman GRASSLEY bers feel safe in their own homes and ed that the new system is now in and Senator BAUCUS for holding the on their own streets. We must do more Bogota´ and three other municipal hearing today. And, I commend the in- to stop domestic violence and sexual areas. Over 17,000 prosecutors and dividuals who shared their stories of assault. judges have received intensive training recovery with the committee. From I appreciate the time and effort of in the new accusatory system in 2005 their testimony, we saw first hand that every Nevadan who is taking part in from various U.S. agencies. The imple- treatment can work. We heard that this year’s Take Back the Night mentation of this new justice system education about the devastating con- March. I would especially like to thank demonstrates that the Colombian Gov- sequences of meth use can help to pre- the Rape Crisis Center and its dedi- ernment is serious about cracking vent potential users from going down cated staff for organizing this wonder- down on crime and will no longer serve this path of destruction. And, we ful event. I look forward to working as a kangaroo court for the benefit of learned that far too many of our Na- with them in the future to make our the cartels. tion’s children are being put at risk in streets safer. Ambassador Wood also noted several homes where meth is being cooked. f other significant areas where the Co- As we continue to address the impor- lombian Government has improved in TRIP TO COLOMBIA, PERU, BRAZIL tant issue of combating methamphet- the area of law enforcement. Specifi- AND DOMINICAN REPUBLIC amine abuse, we need to do more to cally, Ambassador Wood noted that the protect America’s children, to educate Mr. SPECTER. Mr. President, during number of annual homicides were at our citizens about the dangers of drug the period of April 7–16, 2006, my col- their lowest number in 18 years. The use, and to support effective drug abuse league on the Senate Judiciary Com- number of kidnappings is down 39 per- treatment methods. mittee, Senator JEFF SESSIONS, and I cent, and terror attacks are down 42 f traveled to Colombia, Peru, Brazil, and percent under President Uribe’s admin- the Dominican Republic for a firsthand istration. NATIONAL CRIME VICTIMS’ WEEK view on issues of immigration, drug en- Later during the trip to Colombia, we AND LAS VEGAS TAKE BACK forcement, and trade. had the opportunity to meet President THE NIGHT On April 7, 8, and 9, we traveled to Alvaro Uribe and Colombia’s Vice Min- Mr. REID. Mr. President, I rise today Bogota´ and Cartagena, Colombia. Upon ister of Foreign Affairs, Camilo Reyes. to recognize National Crime Victims’ exiting the plane, we immediately met I came away extremely impressed with Week, which began April 23 and runs with Ambassador William Wood, who President Uribe and his agenda for Co- through April 29. This year’s theme is has been U.S. Ambassador to Colombia lombia. President Uribe is a true Co- Victims’ Rights: Strength in Unity. since August 13, 2003, and is a graduate lombian patriot who has elected to Victims of violent crime may never be of Bucknell University. take the battle to FARC and to try to able to forget the trauma they have I was looking forward to returning to eliminate the cultivation of illegal nar- suffered, but with unity and support, Colombia in that I had not had an op- cotics in his country. Based primarily they will have a chance to heal. portunity to visit there since December on his success against narcotic groups, That is why I would also like to ac- 1999. At the time, President Pastrana President Uribe was reelected Presi- knowledge a powerful event that will was the President of Colombia, and I dent of Colombia on March 12, 2006, on take place in my home State of Nevada had the opportunity to discuss with a platform to defeat guerillas, elimi- on April 28—the Take Back the Night him my concerns about the forcible nate paramilitary organizations, end March. eradication of the supply of narcotics narcotrafficking, and enhance Colom- Take Back the Night started in the and the status of peace talks between bia’s domestic security. late 1970s as a way to recognize and the Colombia Government and the Rev- The first issue that Senator SESSIONS protest the concerns women had about olutionary Armed Forces of Colombia, and I broached with President Uribe walking outside at night due to threats FARC. was the issue of narcotics. Approxi- of assault, rape, and murder. Since Traveling to Colombia this time, I mately 90 percent of the cocaine that then, the event has spread to almost was aware that Colombia was still fac- enters the United States and 80 percent every corner of the United States and ing many serious challenges. Many of of the heroin east of the Mississippi around the globe these suspicions were corroborated by comes from Colombia. President Uribe Hundreds, if not thousands, of Take Ambassador Wood. Ambassador Wood agreed with us that the biggest prob- Back the Night marches and rallies are stated that the United States sent Co- lem in the war on drugs was lowering held each year—often in late April—to lombia $600 million in aid in 2005. The the consumption of drugs. President coincide with National Crime Victims’ purpose of this aid is to assist Colom- Uribe believes, as do I, that so long as

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3495 there are consumers of drugs, people doubted whether the implantation of nities which agree to give up the will keep producing it. Despite this microchips would be effective since the growth of narcotic crops and for those concern, President Uribe was adamant immigrant worker might be able to re- that are displaced by the country’s that Colombia, with continued assist- move them. continued conflict. These projects ance from the United States, would be I also asked President Uribe what serve to instill these employment able to win the war on drugs. President new policies he would like to see the skills which they can market outside Uribe felt that so long as the United United States enact. President Uribe of the cultivation of narcotics. I left States supplied financial aid to Colom- stated that the five nations of the An- Project Unidad Pedagogica Productiva bia for another 5 years, they will have dean community, Colombia, Peru, Ec- Agroindustrial de Turbaco with a fa- taken significant steps towards elimi- uador, Venezuela, and Bolivia, are vorable opinion of the work that nating cocaine production from his going through trying times. President USAID is performing in Colombia. country. Uribe felt that it was important that When we visited the U.S. Embassy in During our meeting with President the United States maintain a good re- Bogota´ , Colombia, on April 8, 2006, we Uribe, Senator SESSIONS and I also dis- lationship with Colombia, Peru, Ecua- reviewed the incident of February 13, cussed the recent actions that the U.S. dor, and Bolivia to combat the anti- 2003, when a small U.S. plane crashed Senate and House of Representatives American influence of Venezuela’s in Colombia resulting in FARC taking have taken on the issue of illegal im- President Chavez. I had the oppor- hostage Marc Gonsalves, Keith migration to the United States. I was tunity to visit President Chavez in De- Stansell, and Tom Howes, who were very curious to hear President Uribe’s cember of 2005 and agree that he does under contract with the Department of opinion on how we might deal with the pose a threat to U.S. interests in South Defense in the war against drug traf- issue. President Uribe stated his belief America. I still believe, however, that fickers. Despite the best efforts by that it was important for the United it would be prudent for the United President Uribe to rescue these hos- States to legislate carefully in this States to deal directly with President tages, all efforts, as of now, have been area in order to maintain a positive re- Chavez in order to reach an under- unsuccessful. During our visit to the lationship with Colombia. President standing on some of our Nation’s dif- Embassy we were told that, if there Uribe noted that the United States ferences. were sufficient Department of Defense needed friends in South America in Finally, President Uribe discussed resources applied, the hostages could order to serve as a counterweight to with us a recent vote that had just be located. As a result of this meeting, Venezuela and President Chavez. The taken place concerning the protection Senator SESSIONS and I sent a letter to comprehensive Senate bill that origi- of intellectual property rights among Secretary of Defense Rumsfeld on April nated in the Judiciary Committee, the Andean nations. By way of back- 10, 2006, requesting that he allocate ad- President Uribe noted, appears pref- ground, in 2003, President Bush an- ditional resources toward the location erential to the House bill. nounced the intentions of the United of these men. In discussing this matter Senator SESSIONS and I also asked States to begin negotiating a free-trade with the personnel at the Embassy, it President Uribe about the problem of agreement, FTA, with Colombia, Peru, was obvious that they wanted more re- seasonal workers that emigrate from Ecuador, and Bolivia. Colombia, Bo- sources for this effort as a successful Colombia to the United States in order livia, Ecuador, and Peru currently ben- outcome would clearly have a positive to work temporarily on farms and efit from the Andean Trade Promotion impact on morale and national credi- don’t return to Colombia once their ap- and Drug Eradication Act, ATPDEA. bility. One of the men at the Embassy pointed working time period has This trade pact, which is set to expire said he thinks about the hostages elapsed. I was interested to hear Presi- on December 31, 2006, authorizes the every day. The Embassy people talk dent Uribe state that he understood President to grant duty-free treatment about these men as POW and MIA and the concerns that the United States to certain products, with more than there are plaques and signs displayed has with seasonal workers that over- half of all U.S. imports in 2004 from the throughout the Embassy. stay the work period in the United Andean countries entering under these Senator SESSIONS and I also met with States. President Uribe stated that Co- preferences. Robert Taylor, Assistant Regional Di- lombia currently has a good working In a recent vote which just took rector in the Drug Enforcement Agen- relationship with both Canada and place in the Andean community, the cy, DEA, and Admiral Alfonzo Diaz of Spain and that he would like to imple- community voted three to two to pro- the Colombian Navy. Mr. Taylor and ment that same system with the tect intellectual property rights in Admiral Diaz discussed the methods by United States. I asked President Uribe trade agreements with the United which the Colombian cartels use to to explain how Colombia was able to States. Colombia, along with Peru and smuggle cocaine and other drugs out of get their seasonal workers to return Ecuador, voted in favor of the protec- the country. We were advised that the from Canada and Spain after their des- tion of intellectual property rights, primary way that drugs are shipped out ignated work period had elapsed. Presi- whereas Venezuela and Bolivia voted of Colombia is via the use of go-fast dent Uribe stated that whenever Co- against the protection of these rights. boats. Go-fast boats can carry up to 3 lombia sends seasonal workers to Can- President Uribe is concerned about tons of cocaine and can reach high ada or Spain, they keep very close whether or not Peru will still support rates of speed. They are frequently track of where the temporary worker is the protection of intellectual rights used to transport drugs to Mexico, Cen- working and for what time period he is once they elect a new President in the tral American and Caribbean trans- permitted to stay. Seasonal workers summer of this year. shipment countries, using refueling also have learned that if they don’t re- Later in Colombia, Senator SESSIONS vessels to extend their range. Despite turn to Colombia at the conclusion of and I met Susan Reichle, Deputy Direc- the advent of go-fast boats, the Colom- the seasonal work period, then they tor of the USAID mission in Bogota´ , bian navy, in conjunction with U.S. will never be permitted to participate and Guillermo Del Coilitto, Jorge agencies, was able to intercept $25 bil- in an overseas work program again. Droujo and Rosano de Riccardi, board lion in cocaine in 2005 as a result of Despite President Uribe’s approach members on Project Unidad their own faster go-fast midnight ex- on this topic, I still expressed grave Pedagogica Productiva Agroindustrial press boats, which can reach speeds in concerns whether this incentive of re- de Turbaco. During our visit to the excess of 60 knots. turning to seasonal work would be project, we were told that the project Both Admiral Diaz and Mr. Taylor enough to have seasonal workers re- was started in order to teach 300 dis- stated that Colombian law enforcement turn from the United States at the con- placed Colombian families how to gen- has an excellent working relationship clusion of their work period. President erate income and garner employment with the United States and all of its Uribe said he would consider having through agricultural and agribusiness agencies. One of the primary examples Colombian workers have microchips activities in Northern Bolivar, Colom- of this is the sharp increase in the implanted into their bodies before they bia. This and other USAID projects in number of extraditions of Colombians are permitted to enter the United Colombia provide income and employ- to the United States. Since President States to work on a seasonal basis. I ment opportunities to rural commu- Uribe took office in 2002, Colombia had

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3496 CONGRESSIONAL RECORD — SENATE April 25, 2006 extradited 304 Colombian nationals and Senator SESSIONS and I also met with Venezuela as a result of Brazil’s 11 non-nationals to the United States. Susan Keogh, Director of Narcotics Af- shootdown law, which authorizes the In early 2005, Colombia extradited fairs in Peru. Ms. Keough discussed the Brazilian Air Force to use lethal force FARC leader Nayibe Rojas Valderama current difficulties the Peruvian Gov- in the interdiction of aircraft suspected and Cali Cartel leader Miguel Rodri- ernment was having in combating nar- of involvement in drug trafficking. guez Orejuela. The zeal with which cotics and the deleterious effect that Later during the trip we met with President Uribe’s administration is narcotic cultivation has on the envi- Under Secretary for South American waging the war on drugs left little ronment. Ms. Keough stated that ap- Affairs Ministry for External Rela- doubt that it is in the interests of the proximately 400,000 acres are being tions, Jose Eduardo Felicio. Mr. United States to continue to assist deforested annually for the cultivation Felicio was an articulate, impressive him. of coca and other plants. On average, man, who spent several years of his life Senator SESSIONS and I arrived in there are approximately 40,000 to working in New York City. One of the Peru on April 10, 2006. I have had the 100,000 coca plants per 2 acres, which first questions we asked Mr. Felicio opportunity to travel to Peru on four require about 2 tons of chemicals to be was how the United States can limit previous occasions, the last of which used for their production. Since coca is the destabilizing effect that President was on January 4, 2002. This was an op- very vulnerable to diseases, coca grow- Chavez has been having on South timum time to be in Peru, as they are ers cover the coca with pesticides America. Mr. Felicio stated that the in the midst of Presidential elections which are very deleterious to the envi- Brazilian Government views Chavez as which had taken place the day before ronment. Some portions of these the legitimately elected President of our arrival. We first met with Ambas- chemicals almost always find their way Venezuela even though they do not ap- sador Curtis Struble, who was con- into rivers and streams, as coca must prove of everything he says publicly. Mr. Felicio stated that, despite firmed as Ambassador to Peru on De- be cultivated close to a water supply. Chavez’s harsh rhetoric against the cember 9, 2003. He and his staff gave us I asked what efforts the Peruvian United States, Brazil does not believe a country briefing and informed us Government is taking to combat these there is sufficient proof that Chavez is that Peru’s poverty rate is approxi- problems. Ms. Keough remarked that the Peruvian Government hardly fo- a disrupting force in South America. mately 50 percent, but that Peru’s I also asked Mr. Felicio what steps cuses on this issue and that the growth economy is starting to rebound and per the United Nations Security Counsel of cocaine and the effects on the envi- capita growth rate rose in 1 year from should take in regards to Iran’s at- ronment was rarely mentioned during $2,100 a year to $2,800. tempts to develop nuclear arms in vio- the current Presidential campaign. We Soon after our meeting with Mr. lation of the nonproliferation treaty. suggested to Ms. Keough that she and Struble, we were met by Oscar Mr. Felicio stated that, while Iran her colleagues, who were concerned Marutua, Peru’s Foreign Minister, and should cooperate with requests made about protecting the environment, Pedro Pablo Kuczynski, Peru’s Prime by the International Atomic Energy should write letters to the editor of re- Minister. I was especially impressed Association, Brazil does not believe spected Peruvian newspapers express- with Mr. Kuczynski, who is a graduate that Iran is being treated fairly be- of Princeton University and worked in ing their concern over the growth of cause there is a double standard New York City for 20 years. He re- cocaine in Peru and the deleterious ef- against Iran. While certain countries minded me of our squash match 4 years fects that this cultivation is having on like Israel, Pakistan, and India are per- earlier and commented on my ‘‘drop’’ the environment. mitted to develop nuclear programs in Senator SESSIONS and I arrived in shots. violation of the Nuclear Non-Prolifera- Brazil on April 12, 2006. Immediately One of our primary concerns was the tion Treaty, Iran has been unfairly sin- upon our arrival, we met with acting status of Peru’s recent Presidential gled out. elections. Prime Minister Kuczynski U.S. Ambassador and Deputy Chief of The next portion of the CODEL took advised us that there were a total of 23 Mission to Brazil, Phillip Chicola, a us to Manaus, where we spoke with Mr. separate candidates running for Presi- Cuban-American who came to the Francisco Ritta Bernardino, the owner dent in Peru. Out of these 23, only 3 United States in 1961 and graduated of many hotels throughout the Amazon were viewed as serious candidates. from Florida Atlantic University. Mr. and noted author of several books deal- Ollanta Humula, a leftwing candidate Chicola stated that, although Brazil ing with the importance of the Amazon who had been receiving significant views the United States as an ally, the ecosystem. A lawyer and entrepreneur, monetary support from President Cha- Brazilian administration has made Mr. Bernardino told us of his meeting vez, was leading in the early election building relations with neighboring with Jacques Cousteau, the famous return with 30 percent of the vote. The countries in the southern hemisphere diver and undersea explorer who docu- other two primary candidates, Ms. its first priority. He said that Brazil is mented life in the Amazon from De- Lourdes Flores Nano and Alan Garcia, seeking to redress U.S. influence by cember 1981 to November 1982. Mr. were characterized by Mr. Kuczynski strengthening ties with nontraditional Bernardino stated that it was during as moderates and were in a dead heat, trading partners such as India and this time period that Jacques Cousteau each capturing about 25 percent of the China. convinced him that the greatest threat votes. Senator SESSIONS and I also asked to mankind was not nuclear war, but Mr. Kuczynski explained that under Mr. Chicola about narcotics trafficking the destruction of nature. Cousteau be- Peru’s political system, if no candidate throughout South America. Mr. lieved that if the destruction of the receives 50 percent of the vote, then a Chicola stated that, although Brazil is Amazon was not halted, mankind run-off vote between the top two can- not a significant drug-producing coun- would be sacrificing the future of their didates occurs on May 7, 2006. Without try, Brazil does serve as a conduit for children and grandchildren. question, it will be in the interest of cocaine moving to Europe and Africa. Soon after Mr. Bernardino’s meeting the United States that either Ms. Flo- Specifically, both Colombian and Bo- with Mr. Cousteau, he set about the res Nano or Mr. Garcia prevails in livian drug smugglers attempt to construction of the Ariau Amazon Peru’s election for President. transport cocaine over the Brazilian Towers. Mr. Bernardino stated that he Foreign Minister Maurtua stated borders. Although Colombian drug built the hotel in the middle of the that there are approximately 1 million smugglers have had some success in Amazon in order to help people become Peruvians living in the United States. bringing narcotics across the border, acquainted with the Amazon in a re- Of these, he estimated that 50 percent the Amazon rain forest and various riv- gion untouched by people. The Ariau were residing in the United States ille- ers provide natural boundaries against Amazon Towers are built upon seven gally. Kuczynski suggested breaking drug smuggling. As a result of these wooden towers interconnected by the issue of immigration down into two natural boundaries, drug smugglers raised walkways over portions of the parts: what to do with the people al- have attempted to fly drugs out of Co- Amazon River. These walkways con- ready in the United States and what to lombia and into Brazil. Mr. Chicola nect the towers with various docks and do with those who would like to go stated that the majority of drug smug- paths that lead throughout the Ama- there. glers now ship their cocaine through zon.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3497 During our meeting with Mr. projects. As a result of this research, minican Republic more attractive to Bernardino, we inquired about the ori- NASA and LBA have discovered that tourists. The Romana Cluster is a com- gin of the Amazon River flow. Mr. current logging efforts in the Amazon munity of homes built by USAID for Bernardino explained that the Amazon cover an area nearly equal to that of displaced individuals on land purchased River is created at the junction of the the portions that have already been by the Hotel Association for displaced Negro and Solimoes Rivers near deforested. Ms. Durazo stated that by Dominicans. Manaus. He stated that the water of using these techniques, NASA and the While there, we met with Lisette the Negro River runs approximately LBA will soon be able to determine the Gill, the executive director of the 3,200 kilometers, originating from the effect that the continued logging of the Romana Cluster, and Rosa Garza of the various tributaries that spill out of the Amazon will have on the level of car- Peace Corps. Ms. Gill explained that Andes Mountains of Colombia and bon dioxide being emitted to the at- the Romana Cluster was started in 2001 Peru. The water of the Negro River is mosphere. by USAID to train the local commu- completely black, colored from the col- After our meeting with Ms. Durazo, I nity in marketable skills so that the lection of minerals and organic mate- had my staff reach out to Michael Kel- area would be more attractive to tour- rials that it collects from hundreds of ler a physical scientist working at the ists. Ms. Gill stated that the Romana tributaries that empty into it from the International Institute of Tropical For- Cluster receives approximately $250,000 rock beds of the Andes. Mr. Bernardino estry. According to Mr. Keller, carbon annually from the Hotel Association. explained that, although the Negro dioxide is responsible for the largest Ms. Gill took us to a high school that River is full of acid and poor in oxygen, portion of the manmade greenhouse ef- was constructed by the Hotel Associa- it fertilizes the surrounding shores fect. Each year, there are eight tion for 120 students living in the with its rich minerals. In contrast to gigatons, 1 billion tons, of carbon Romana Cluster. Before the construc- the Negro River, Mr. Bernardino stated added to the atmospheric burden of tion of this high school, we were told that the water of the Solimoes River is carbon dioxide. Of those 8 gigatons, 1.6 that Dominicans living in the area colored light blue and flows from the result from land use change processes, could not attend high school, as there Brazilian-Peruvian border. The such as the clearing of forest and sa- was no public schooling available in Solimo˜ es River runs for about 1,600 kil- vanna in the tropics. Mr. Keller esti- the area. ometers, until it meets the black Negro mates that .3 gigatons of the carbon Later that evening, we met with the waters where it merges to form the emitted to the atmosphere occurs as a Foreign Minister for the Dominican Amazon River in a floodplain about 80 result of the deforestation of the Ama- Republic, Mr. Carlos Morales Troncoso. kilometers wide. zon. Accordingly, Mr. Keller and other I told the Foreign Minister that I had The Amazon River runs 5,904 kilo- experts believe that the deforestation spoken to President Uribe about the meters in length; its basins widening of the Amazon is playing a significant problem of the United States of getting during the rainy seasons to as much as role in the manmade greenhouse effect. guest workers to return to their native 100 kilometers. Mr. Bernardino ex- NASA is continuing to study the data country after they had finished work- plained that approximately 1,100 tribu- that they have collected in the Ama- ing, and I was interested to hear his taries empty their waters into the zon. thoughts on the subject. Mr. Troncoso Amazon and that the Amazon average Senator SESSIONS and I arrived in the stated that the Dominican Republic width ranges from 2 to 30 kilometers, Dominican Republic on April 15, 2006, had just begun a guest worker program until it reaches a width of 230 kilo- and met for a team briefing with Peter with Spain. The Dominican Republic meters when it empties into the Atlan- Reilly of the DEA, Andy Diaz of the guest worker program was a 2-year pro- tic Ocean. The flow of the Amazon FBI, Michael Garuckis of the State De- gram whereby the government would river is so forceful that the waters of partment, Jeff Radgowski of the Coast keep a log of where the worker would the Atlantic Ocean are pushed approxi- Guard and Timothy Tubbs of the De- be working in Spain and where they mately 2 to 5 kilometers away from the partment of Homeland Security regard- could find him. Mr. Toncoso explained shoreline of the Amazon basin by its ing issues of drug trafficking and im- that, so long as the worker performed free-flowing fresh water. migration. well and returned to the Dominican We also met with the National Aero- We were told at this briefing that the Republic at the end of the working sea- nautical Space Administration, NASA, Dominican Republic’s long border with son, then it would be permissible for Project Liaison to Large Scale Bio- Haiti, combined with its overstretched the worker to work in Spain the fol- sphere Atmosphere Experiment, law enforcement agencies and geo- lowing year. He stated that if the Josefine Durazo, about the effects the graphic location in the Caribbean, worker does not come back, that work- deforestation of the Amazon is having make the country a prime location for er would be barred from being eligible on global warming. Ms. Durazo ex- drug traffickers. Although the Domini- for any future participation in a guest plained that the Large Scale Biosphere can Republic is not a major drug-pro- worker program. Atmosphere Experiment, LBA, is an ducing country, it nonetheless acts as Mr. Troncoso admitted that there is international cooperative research pro- a transit point for cocaine and heroin always the problem of some guest gram led by Brazil and dedicated to the bound for the United States from Co- workers not wanting to return to the study of International Geosphere-Bio- lombia and Venezuela. The main traf- Dominican Republic, but nonetheless, sphere studies regarding the deforest- ficking points are by sea from Colom- the current system seems to be work- ation of the Amazon. She further stat- bia, which lies just 360 nautical miles ing well. Mr. Troncoso stated that, in ed that she worked with the LBA–ECO, from the coast of the Dominican Re- 2005, Dominican Republic citizens which is a subproject operating under public. working in the United States sent ap- the LBA, funded entirely by NASA. We were also informed at this brief- proximately $2.8 billion back to their The LBA–ECO is dedicated to gaining ing that there are approximately 1.6 families in the Dominican Republic. an understanding of how the ecosystem million Dominicans residing in the Senator SESSIONS and I also had the of the Amazon functions as a system United States. In 2005, U.S. immigra- opportunity to meet with President and what effects the deforestation of tion authorities repatriated 4,918 Leonel Fernandez Reyna. President the Amazon are having on climate con- Dominicans. Most of those returned to Reyna was a very impressive man who trol. the Dominican Republic had served 4 to was born in Santo Domingo in 1953 and Ms. Durazo explained that NASA 9 years in jail in the United States. moved to New York City in 1956 where began funding the program in 1998 by After our country briefing, we trav- he attended elementary and junior constructing tower sites which meas- eled to see a training program run by high school. President Reyna returned ure carbon flux in various geographic the Hotel Association with assistance to the Dominican Republic in 1969 and areas within the Amazon. These tow- from USAID and the Peace Corp at La served as President from 1996–2000 but ers, in conjunction with extensive sup- Romana Bayahibe Tourism Cluster, was not permitted to run again as a re- port by Brazilian researchers, enable Romana Cluster. The Hotel Association sult of term limits. In 2003, however, NASA to measure the flux of carbon is attempting to educate and train the the Dominican Republic constitution levels during forest fires and lumbering local populace in order to make the Do- was changed, permitting President

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3498 CONGRESSIONAL RECORD — SENATE April 25, 2006 Reyna to become President for a sec- investigation on March 4, 2006, he was make the world a safer place. It is his ond time in 2004. killed by a secondary explosion in courage and strength of character that President Reyna spoke to us about Rawah, Iraq. people will remember when they think the border problems that the Domini- At Staff Sergeant Jessen’s memorial of Brock, a memory that will burn can Republic was having with illegal service, he was laid to rest with full brightly during these continuing days Haitian immigrants entering the Do- military honors. Hundreds of family, of conflict and grief. minican Republic. President Reyna ex- friends, and those wishing to pay their Brock was known for his dedication plained that, while the Dominican Re- respects joined together to remember to his family and his love of country. public’s unemployment rate was 17.4 this young Arkansan and to honor the Today and always, Brock will be re- percent, Haiti’s was approximately 50 life he led. Along his funeral proces- membered by family members, friends percent. As a result of this, the Domin- sion, members of a grateful community and fellow Hoosiers as a true American ican Republic must constantly contend endured the cold weather to honor this hero and we honor the sacrifice he with Haitian citizens coming across fallen hero, many with hands held over made while dutifully serving his coun- the border looking for work. President the hearts and waving American flags. try. Reyna stated that it was imperative At the cemetery, the American flag As I search for words to do justice in for the Dominican Republic to encour- that had draped Staff Sergeant honoring Brock’s sacrifice, I am re- age the expansion of democratic insti- Jessen’s casket was folded and pre- minded of President Lincoln’s remarks tutions in Haiti, in the hope that this sented to Carrie and Cameron as a as he addressed the families of the fall- would lead to political stability. token of remembrance of the man they en soldiers in Gettysburg: ‘‘We cannot We returned to Washington on April loved and the sacrifice he made on be- dedicate, we cannot consecrate, we 16 to use the second week of the recess half of us all. cannot hallow this ground. The brave to work on the immigration bill. Although the 28 years that Kevin men, living and dead, who struggled f Jessen spent with us were far too short, here, have consecrated it, far above our I am hopeful that his friends, family, poor power to add or detract. The HONORING OUR ARMED FORCES and loved ones find some solace know- world will little note nor long remem- STAFF SERGEANT KEVIN P. JESSEN ing that he touched the lives so many. ber what we say here, but it can never Mrs. LINCOLN. Mr. President, today He set examples of devotion to family forget what they did here.’’ This state- I rise to pay tribute to SSG Kevin P. and country that we should all follow, ment is just as true today as it was Jessen of Paragould, AR. To those who and he led an honorable life of love and nearly 150 years ago, as I am certain knew him best, he was a loving hus- selflessness that will continue to serve that the impact of Brock’s actions will band and proud father whose life was as an inspiration to us all. live on far longer that any record of filled with love and laughter. To his My thoughts and prayers are with these words. fellow soldiers serving on the battle- Carrie, Cameron, and all those who It is my sad duty to enter the name fields of Iraq, he was a hero who, in the knew and loved this fallen hero. of Brock A. Beery in the official record course of saving countless American STAFF SGT. BROCK A. BEERY of the U.S. Senate for his service to and Iraqi lives, sacrificed his own. Mr. BAYH. Mr. President, I rise this country and for his profound com- His lifelong interest in military his- today with a heavy heart and deep mitment to freedom, democracy, and tory and explosives led him to a career sense of gratitude to honor the life of a peace. When I think about this just as an explosive ordnance disposal tech- brave young man from Warsaw, IN. cause in which we are engaged and the nician. It came as no surprise to SSG Brock Beery, 30 years old, died on unfortunate pain that comes with the friends and family that the young Ar- March 23 when his armored vehicle loss of our heroes, I hope that families kansan, who spent countless hours as a struck a land mine 80 miles west of like Brock’s can find comfort in the child playing with G.I. Joe toys and Baghdad. With his entire life before words of the prophet Isaiah who said, bottle rockets, would become a soldier. him, Brock risked everything to fight ‘‘He will swallow up death in victory; He joined the ROTC while in high for the values we Americans hold close and the Lord God will wipe away tears school and upon graduation enlisted in to our hearts, in a land halfway around from off all faces.’’ the National Guard before ultimately the world. May God grant strength and peace to joining the U.S. Army. Brock decided to pursue a career in those who mourn, and may God be with Staff Sergeant Jessen’s first of three the Army in 1994, immediately fol- all of you, as I know He is with Brock. tours in Iraq occurred shortly after Op- lowing his graduation from Tippecanoe f eration Desert Storm when he helped Valley High School. Remembered as a dispose of explosives left over from the good student and a good husband, LOCAL LAW ENFORCEMENT war. In 2004, he returned through serv- Brock took great pride in his work. He ENHANCEMENT ACT OF 2005 ice in Operation Iraqi Freedom, only to remained close to his family through- Mr. SMITH. Mr. President, I rise return for a third tour 6 months after out his time in Iraq and planned to at- today to speak about the need for hate his second was completed. While serv- tend his younger sister’s high school crimes legislation. Each Congress, Sen- ing in a foreign land seemingly worlds graduation in June. His father re- ator KENNEDY and I introduce hate away from home, his heart and counted to a local newspaper, ‘‘[Brock] crimes legislation that would add new thoughts were undoubtedly never far liked his job. He liked challenges; he categories to current hate crimes law, from his wife Carrie and his 2-year-old put his best foot forward every time. sending a signal that violence of any son, Cameron. Between tours of duty, He gave his best to his family, too.’’ kind is unacceptable in our society. this battle-hardened soldier was often Brock was killed while serving his Likewise, each Congress I have come to found changing diapers or handling country in Operation Iraqi Freedom. the floor to highlight a separate hate bottle feedings in the middle of the He was a member of the Headquarters crime that has occurred in our coun- night. It was the proud duty of a man Company, 2nd Battalion, 123rd Ar- try. who loved his family so very much, and mored Division, based in Bowling In March 2006, Gregory Pisarcik was it was symbolic of his devotion to Green, KY. This brave young soldier sentenced to life in prison in Santa them. leaves behind his mother and father, Ana, CA for the murder of Narciso Throughout his time in Iraq, Staff Pamela and Roger Beery; his wife and Leggs, a gay man. During the attack, Sergeant Jessen’s role as an explosives 7-year-old daughter, Sara and Elissa; Pisarcik repeatedly hit Leggs over the ordnance disposal technician ensured his sister, Hope; and his brothers, Joel head with a champagne bottle. When that he was often called upon to disarm and Tobey. He was serving his third police later found his body one ear had roadside bombs. Although it contin- overseas tour of duty. been cut off and anti-gay slurs were ually placed him in the line of danger, Today, I join Brock’s family and written all over his body. According to he selflessly saw it as his duty to help friends in mourning his death. While sources, police feel that sexual orienta- protect the lives of his fellow soldiers we struggle to bear our sorrow over tion was a motivation for the attack. as well as the lives of Iraqi civilians. this loss, we can also take pride in the I believe that the Government’s first Tragically, while serving on a postblast example he set, bravely fighting to duty is to defend its citizens, to defend

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3499 them against the harms that come out Sadly, the crime of genocide is not The PRESIDING OFFICER. Without of hate. The Local Law Enforcement unique to the Holocaust. In Bosnia, objection, it is so ordered. Enhancement Act is a symbol that can Cambodia, and, of course, Rwanda, too (See exhibit 1.) become substance. I believe that by many innocents died while the world Mr. DODD. Today is a day of remem- passing this legislation and changing looked away. And today, in Darfur, brance, but in remembering, we are current law we can change hearts and Sudan, escalating violence is claiming also called to action. This week, we are minds as well. thousands of additional lives in a con- debating the President’s emergency f flict that the Congress unanimously supplemental request. To his credit, declared genocide almost 2 years ago, the President has included in that re- GENOCIDE IN SUDAN in July 2004. Secretary of State Colin quest substantial funds to support the Mr. DODD. Mr. President, today is Powell made that same declaration in African Union peacekeeping operation Holocaust Remembrance Day. Each September of that year. in Darfur and new humanitarian assist- year, our Nation commemorates this Several weeks ago, I received a DVD ance. tragic event with a week-long period of about the situation in Darfur made by Moreover, the United Nations De- remembrance, and this Thursday, I will a group of Danbury, CT, high school partment of Peacekeeping Operations join several of my colleagues in a cere- students. The DVD, entitled ‘‘The is scheduled to brief the Security Coun- mony honoring the victims of the Holo- Promise,’’ is truly a wake-up call. The cil tomorrow, on potential U.N. mis- caust in the Capitol Rotunda. The title, of course, refers to the promise sions in Darfur. It is my hope that they theme for this year’s ‘‘Days of Remem- made by the world after the Holo- will advocate a strong United Nations brance,’’ the ‘‘Legacies of Justice,’’ caust—the promise of ‘‘Never Again.’’ Peacekeeping force, despite Sudanese Yet, as these students so vividly por- honors the courage and fortitude of objections. It is also my fervent hope tray, the people of Darfur continue to those who testified during the trials of that we in the Senate actively support suffer while the world takes too little Nazi war criminals. an increased international role in As many of my colleagues know, I notice. By some estimates, as many as Darfur. Because only with our support have a personal connection to those 300,000 people, many of them civilians, can any international force hope to trials. My father, Senator Thomas may have lost their lives in Darfur meet the enormous challenge of pro- Dodd, then a young lawyer, was asked since the start of the conflict. The Gov- by the chief counsel for the United ernment of Sudan has refused to cur- tecting the civilian population and pro- States at Nuremberg, U.S. Supreme tail, and in many instances has ac- viding a safe environment to supply Court Justice Robert Jackson, to join tively supported, the activities of humanitarian relief. his prosecutorial team. My father Jingaweit militias that have attacked Finally, just as at Nuremberg the served as vice-chairman of the Review and targeted tribal groups of African international community enforced jus- Board and as executive trial counsel, decent. tice where justice had too long been and his experiences at those trials In a particularly moving segment of blind, I call on the Bush administra- greatly influenced his thinking on their DVD, the Danbury students dis- tion to actively support the work of human rights and the importance of play some of the artwork of children the International Criminal Court in international justice for the rest of his who have fled their homes in Darfur. prosecuting those individuals who have life. As the students say, so much can be committed crimes against the people of One of the major accomplishments of learned through the eyes of a child, and Darfur and against all humanity. I the prosecutors and witnesses at Nur- these images, produced by the children know the ICC is not popular in some emberg was publicly exposing the scope without any prompting, are of war, circles of the Bush administration, but of depravity of Nazi crimes. My father fire, and death. I think of my own chil- I believe it is the best tool we have to and his colleagues went to great dren and shudder to imagine them suf- enforce the vision of universal justice lengths to meticulously record that fering through the terror that afflicts that was inspired by Nuremberg. evidence, and their efforts formed the the children of Darfur every day. In- Following the trials of the major war basis of much of our current knowledge deed, despite all that we have learned criminals before the International about the Holocaust. According to the since Nuremberg, I am sad to say that Military Tribunal at Nuremberg, Presi- U.S. Holocaust Memorial Museum, for the promise of ‘‘Never Again’’ remains dent Truman declared: I have no hesi- example, it was during the Nuremberg a promise unfulfilled. tancy in declaring that the historic trials that the world first heard the es- But while the story of Darfur is precedent set at Nuremberg abun- timate of 6 million Jewish deaths. clearly one of tragedy, it is also one of dantly justifies the expenditure of ef- I believe that my father and his col- hope. Since the start of the conflict, I fort, prodigious though it was. leagues placed so much emphasis on re- have been impressed by the dedication Individuals such as my father ex- vealing the extent of Nazi crimes in and advocacy demonstrated by the peo- pected that the historic precedent de- large part because they understood ple of Connecticut on this issue. If we scribed by President Truman would that the Nuremberg proceedings had are ever to fulfill ‘‘the promise,’’ it will long inspire nations to take action the potential to reach an audience that be due to the extraordinary efforts of against crimes such as those pros- far exceeded the four members and four dedicated individuals such as these ecuted at Nuremberg. The lesson of alternate members of the Tribunal sit- Danbury High School students. I am Nuremberg to these individuals was in- ting in judgment of the defendants. proud that these students, just like the deed the promise of ‘‘Never Again.’’ I These trials would reveal to the world brave individuals who stood up to tes- hope that on this somber day of re- and to future generations that such un- tify at the Nuremberg Tribunals 60 membrance, we will commit ourselves thinkable crimes were possible, and years ago to demand justice, are stand- to renewing that promise. that the international community ing up to demand action in Darfur EXHIBIT 1 must, therefore, stand up to injustice today. BACKGROUND—A DANBURY HIGH SCHOOL and abuse wherever they occur. In their DVD, the Danbury High PROJECT The evidence uncovered by the Tri- School students cite a famous state- ‘‘The Promise’’ is a Danbury High School bunal was truly horrific. Indeed, the ment by Ghandi: ‘‘Be the change you student video about genocide in the Darfur crimes committed by the Nazis were so wish to see in the world.’’ I can think region of Sudan. After school for three heinous that they required a new lexi- of no greater compliment to these stu- months at the end of 2005, a group of stu- con to describe them. These crimes dents and the numerous individuals in dents worked with assistant principal Tim were prosecuted under the legal termi- Connecticut and across this country Salem on the project. The result is an eight nology of ‘‘crimes against humanity,’’ who have advocated for increased minute documentary meant to raise aware- but later, an entirely new word describ- international action in Darfur, than to ness about the genocide and motivate action. The name ‘‘The Promise’’ is a reminder of ing them was formalized: genocide. say that they have lived up to that ad- the promise the United Nations and the Genocide refers to certain actions com- monition. I ask unanimous consent world made in 1945 to hold people account- mitted with the ‘‘intent to destroy, in that the names of the Danbury stu- able for crimes against humanity. With the whole or in part, a national, ethnical, dents who made this DVD be included backdrop of the Holocaust, narration, images racial, or religious group.’’ in the record following my remarks. and quotations, the focus is on the plight of

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3500 CONGRESSIONAL RECORD — SENATE April 25, 2006 the children of Darfur. The world was prom- 91ST ANNIVERSARY OF THE With the help of volunteers, slowly ised ‘‘never again’’. The children and people ARMENIAN GENOCIDE they are making progress. Hundreds of of Darfur are waiting. Mr. FEINGOLD. Mr. President, this selfless do-gooders have been putting CREDITS month people around the world are on hard hats, wading through homes All students are members of the class of joining together to remember and knee-deep in mud, clearing debris and 2006 Danbury High School, Danbury, Con- honor the men, women, and children literally doing the dirty work. necticut. who perished in the Armenian geno- Created by: Timothy Salem and Brian April is National Volunteers Month. I Simalchik. cide. One and a half million Armenians wish to recognize it by saying thank With: Katherine Calle, Caitlin Eaglin, were systematically massacred at the you to all the volunteers and service Catherine Trieu and Lily Yeung. hands of the Ottoman Empire, and over workers everywhere. And this year I Written by: Timothy Salem. 500,000 more were forced to flee their especially want to honor those helping Narrated by: Emily DeMasi. homeland of 3,000 years. It is important out with Hurricane Katrina recovery. Edited by: Brian Simalchik. that we note this terrible tragedy. They are taking time out of their lives Appearing: Katherine Calle, Emily DeMasi, When the Armenian genocide oc- to help their fellow Americans in their Caitlin Eaglin, Mathew Ficinus, Simone Hill, curred, from 1915 to 1923, the inter- time of need—and they are doing it out Nick Noone, Michael Steinmetz, Catherine national community lacked a name for of the goodness of their hearts. Trieu, Brian Wright. such atrocities. In January 1951, the Special thanks to: Brianna English, Wil- Convention on the Prevention and Pun- AmeriCorps is the embodiment of liam Najam, Emmanuel Omokaro, Adam ishment of the Crime of Genocide en- this spirit of volunteerism and service Pin, Greg Scalzo, David Shih, Iwonka to the country. Since 1989, I have been Stepniak, Allison Walker. tered into force to affirm the inter- national commitment to prevent geno- a leader in the creation of AmeriCorps. I introduced the National and Commu- f cide and protect basic human decency. Today, we have the words to describe nity Service Act to establish the Cor- this evil, and we have an obligation to poration for National and Community IMMIGRATION REFORM prevent it. But we must also have the Service to oversee and coordinate our Mr. GRASSLEY. Mr. President, I rise will to act. national volunteer efforts and to create to express concern about the consider- The Armenian genocide may have a demonstration program that has ation of comprehensive immigration been the first instance of what Winston evolved into what we know today as reform legislation. As a member of the Churchill referred to as ‘‘the crime AmeriCorps. As one of the founders, I Judiciary Committee, I have been in- without a name,’’ but it was certainly have been its chief advocate in the volved in the democratic process of re- not the last. During the Holocaust, and Senate. I fought to create AmeriCorps, viewing, amending, and voting on this later in the former Yugoslavia and I fought to strengthen AmeriCorps, and year’s immigration bill. I was one of Rwanda, the world has seen the crimes I will continue to fight to save key six Republicans who opposed the legis- of ethnic cleansing and genocide recur AmeriCorps programs. lation in the committee on March 27. again and again. Too often, the inter- Hundreds of members of the national will to stop atrocities has When the bill was brought to the AmeriCorps National Civilian Commu- been lacking, or far too late in coming. floor of the U.S. Senate, a select group nity Corps, NCCC, have set up camp in Today, as the genocide in Darfur, of Members forged a ‘‘compromise’’ the gulf region. They have provided Sudan, continues to unfold, we have to that drastically changed title VI of the more than 250,000 service hours valued bill that deals with the 11 million ille- muster the will and the sense of ur- at $3.8 million to Hurricane Katrina re- gal aliens currently in the United gency required to save innocent lives. covery projects. They are helping thou- States. The international community has sands get their homes, their commu- The Senate had very little time to re- made the first steps, but it has a long nities, and their lives back. view the bill. Moreover, some Members way to go in punishing and, particu- opposed any amendment that would larly, preventing genocide. As we move Their help is needed now more than change the Hagel-Martinez com- forward, we must learn the lessons of ever. But President Bush’s fiscal year promise. I had numerous amendments Armenia’s genocide. We cannot be mis- 2007 budget would completely elimi- that would have improved the bill. led by the rhetoric of scapegoating, de- nate the NCCC program and close its However, the other side of the aisle re- nial, and obfuscation used by mur- five campuses nationwide—including fused to let our deliberative body do its derous leaders to disguise their agenda. one in my own home State at Perry job. And we cannot respond to evidence of Point, MD. The Government let the As a representative of the people of methodical, brutal violence by wring- people of the gulf coast down when Iowa, I believe amendments should be ing our hands and waiting for some de- Hurricane Katrina hit, we can’t let debated. Therefore, I have asked the finitive proof that these events qualify them down in her aftermath. majority leader to make me aware of as genocide. Enforcing a collective, That is why I fought back against any unanimous consent agreements international commitment to prevent President Bush’s budget cuts and that both sides aim to enter into before and stop genocides from occurring is worked to make sure the emergency unanimous consent is agreed to. I ask imperative. We owe the victims of the supplemental spending bill, which will unanimous consent that my letter be Armenian genocide this commitment. be considered on the Senate floor this printed in the RECORD. This is why we must remember the week, contained $20 million for the There being no objection, the mate- Armenian genocide. To forget it is to NCCC to support volunteer hurricane rial was ordered to be printed in the enable more genocides and ethnic recovery activities on the gulf coast RECORD, as follows: cleansing to occur. We must honor its and other affected areas. victims by reaffirming our resolve to UNITED STATES SENATE, not let it happen again. AmeriCorps volunteers tackle the CHARLES E. GRASSLEY, toughest problems in our communities. Washington, DC, April 25, 2005. f Not only are NCCC teams a vital re- Hon. WILLIAM FRIST, NATIONAL VOLUNTEER MONTH Majority Leader, U.S. Senate, Washington, DC source in hurricane recovery on the DEAR LEADER FRIST: I respectfully request Ms. MIKULSKI. Mr. President, 7 gulf coast, they are deployed nation- that I be consulted prior to the entering into months ago, the world watched in hor- wide to build homes, clear thousands of of any and all Unanimous Consent Agree- ror and disbelief as Hurricane Katrina acres of forests burnt by wildfires, and ments with regard to the Senate’s ongoing tore through the gulf coast and left tutor children. They are unflagging, consideration of any and all immigration re- massive devastation in its wake. We unflinching, and determined to make a form or border security related legislation. have seen the pictures of toppled build- difference. And we need their help. Now This would include, but not be limited to, S. 2611 and S. 2612. Thank you. ings, collapsed houses, and commu- is not the time to take our volunteers Sincerely, nities covered in an endless blanket of for granted and turn our backs on the CHARLES E. GRASSLEY, debris. We have wondered—how will NCCC. It is time to thank them not United States Senator they ever recover? just with words but with deeds.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3501 RETIREMENT OF JOYCE A. tigation and report on the Govern- Whereas in 1999, upon Senator LIEBERMAN RECHTSCHAFFEN ment’s failed response to Hurricane becoming the Ranking Member on the then- Katrina. named Governmental Affairs Committee, Mr. LIEBERMAN. Mr. President, I Joyce Rechtschaffen took on the new chal- rise today to convey my deep gratitude Leading by example, Joyce helped as- semble and retain a loyal staff whose lenge of serving as Democratic Staff Direc- and everlasting appreciation to my tor; Homeland Security and Governmental work ethic and dedication have been Whereas during her more than seven years Affairs Committee staff director, Joyce tested time and time again with late in that position, Joyce Rechtschaffen has A. Rechtschaffen, who is leaving the nights on tight deadlines handling worked tirelessly to advance the work of the Senate after 10 years of service in my mighty challenges for the American Committee and of the nation; Whereas Joyce Rechtschaffen has played a personal office and 7 on the committee people. They are the envy of the Sen- ate. leading role in every accomplishment of the to head Princeton University’s govern- Committee since 1999, from the 2002 creation mental affairs office here in Wash- But this is all in Joyce’s nature. Shaking things up was just part of of the Homeland Security Department, to ington. the establishment of the 9/11 Commission Benjamin Franklin once said: ‘‘En- Joyce’s nature. To Joyce, the status that same year, to the 2004 reorganization of ergy and persistence conquer all quo was often a barrier to progress that the Intelligence Community, to the Commit- things.’’ must fall as the constant casualty of tee’s 2006 investigation into the govern- That six-word sentence sums up a ca- time as we advance the cause of mak- mental response to Hurricane Katrina, reer of accomplishments that could fill ing our Nation safer, fairer, and more among many other things; just for each and every American. Whereas Joyce Rechtschaffen has shown volumes. the same focus and dedication to all of the Joyce was on the front lines of many I am sorry to lose Joyce’s vast knowledge and expertise, and I will work of the Committee no matter how sig- of the challenges of the century just nificant the issue at hand; past and the century just begun. And miss her sound advice, strict attention Whereas Joyce Rechtschaffen has been a through her energy and persistence she to every aspect of an issue, and most of model manager, staffer, employee and col- accomplished great things for the all her faithful service to me through league to all who have worked with her; American people. 17 years. Whereas Joyce Rechtschaffen has worked I hired Joyce in 1989, shortly after I But Joyce, you can walk away know- tirelessly and selflessly for the Committee was sworn in as a freshman Senator, ing that it was a job well done. these past seven years, often at great per- Robert F. Kennedy said: ‘‘Few will sonal sacrifice: and the two of us learned the ropes of Whereas Joyce Rechtschaffen has been a this institution together. have the greatness to bend history itself. But each of us can work to model of integrity, intelligence, compassion She worked for me on the Environ- and commitment to building a better Amer- ment and Public Works Committee, change a small portion of events, and ica and has shown herself to be the very best later moving to my personal office as in the total of all those acts will be and brightest of both civil and Congressional my environmental legislative assistant written the history of this generation.’’ service; Now therefore, be it and counsel. Joyce, through her energy, persist- Resolved, That the Committee on Home- Joyce, a graduate of Princeton Uni- ence, and selflessness, has written her- land Security and Governmental Affairs self silently into the history of the thanks Joyce Rechtschaffen for her years of versity and Harvard Law School, devel- work for and dedication to the Senate and to oped a reputation as a tiger early on, great challenges of this generation and left a legacy of achievement that will the Committee and wishes her every success contributing significantly to the Clean in her future endeavors. be both the envy and inspiration for all Air amendments of 1990, working pas- f sionately to preserve the Arctic Na- those who follow. tional Wildlife Refuge, and proposing Unfortunately, our committee has ADDITIONAL STATEMENTS innovative solutions to stemming not had a markup since Joyce an- nounced her retirement; our next one harmful greenhouse gases. UNIVERSITY OF MONTANA GRIZ It is a reputation she not only never will be next week, after Joyce has left lived down but made a point of earning us. But because we owe her so much, I ∑ Mr. BAUCUS. Mr. President, in Mon- time and time again on issue after will be asking the committee at next tana, we have a long and proud athletic issue. week’s markup to report an original heritage, and the University of Mon- In 1999, I became ranking member of resolution thanking her. Chairman tana men’s basketball team has added the former Government Affairs Com- COLLINS has said she will join me in yet another chapter to this great leg- mittee, and I appointed Joyce as mi- this resolution, the text of which fol- acy. nority staff director. In 2001, I became lows these remarks. But let me close The Griz finished their Cinderella chairman when Democrats regained by saying thank you Joyce. I owe you season with a 24-to-7 record. Among control of the Senate, and Joyce be- more than I can say, and I wish you all their many great achievements this came majority staff director through the best. season was beating perennial basket- the following year. I ask unanimous consent that the ball powerhouse Stanford, upsetting Whether in the majority or minority, text of a proposed resolution be printed the top-seeded Northern Arizona Lum- Joyce never let up. With her brilliant in the RECORD. berjacks to win the Big Sky tour- mind, near photographic memory, and There being no objection, the mate- nament, and shocking the No. 5 seeded absolute dedication to the job, Joyce rial was ordered to be printed in the Nevada Wolfpack in the first round of has seen this committee through 6 RECORD, as follows: the NCAA tournament. years of profound accomplishment. THANKING JOYCE RECHTSCHAFFEN FOR HER This truly was a magical season for She brought her knowledge of envi- SERVICE TO THE SENATE AND TO THE COM- our Griz. By advancing to the second ronmental issues to bear by launching MITTEE ON THE HOMELAND SECURITY AND round of the NCAA tournament, the principled and studied investigations GOVERNMENTAL AFFAIRS Griz accomplished a feat no Griz team into the Bush administration’s regu- Whereas Joyce Rechtschaffen, an accom- had in over 30 years. Yet this season plished environmental lawyer, joined the latory actions and energy policies. was about more than just wins and staff of Senator JOSEPH I. LIEBERMAN upon Joyce helped this committee run its his entry into the Senate in 1989 and served losses, it was about a team that is a investigation of the demise of the as his legislative assistant and counsel for true class act—both on and off the Enron Corporation, establish the 9/11 environmental issues for almost ten years; court. Commission, and write legislation cre- Whereas during her tenure in Senator This team’s dedication to their ating the Department of Homeland Se- LIEBERMAN’S office, Joyce Rechtschaffen school, their fans, their studies, and curity and the reorganization of our in- contributed significantly to the protection of their community is a direct reflection telligence systems—among the most the nation’s environment, most significantly of the man who leads them. Coach through important contributions to the Larry Krystkowiak is truly the epit- significant reorganizations of Govern- landmark 1990 amendments to the Clean Air ment in half a century. Act, ceaseless efforts work to protect the ome of what it means to be a Mon- And in her final mission for the com- Arctic National Wildlife Refuge and innova- tanan. Growing up in a small town, mittee and the American people, Joyce tive proposals to stem the harmful effects of Coach ‘‘K’’ went on to play basketball helped shepherd our bipartisan inves- greenhouse gasses; at the University of Montana, where he

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3502 CONGRESSIONAL RECORD — SENATE April 25, 2006 still holds the record for the most For the wounds he suffered that day, representing the 50th assembly dis- points and rebounds in a career. Once he was awarded the Purple Heart. trict, and chair of the California he completed his collegiate career, he After his recovery, he was assigned Latino Legislative Caucus, recently went on to a successful career in the to the 36th Infantry Division as a com- passed away. I would like to take a few NBA. bat engineer. He was a crucial part of moments to recognize Marco Antonio After his retirement from profes- the landing forces at Salerno Bay, Firebaugh’s many important accom- sional basketball, Coach ‘‘K’’ moved to Italy. After securing their positions, plishments and the tremendous impact the other side of the bench and became they were given orders to help rein- he made as a leader in California. an assistant coach. Eventually he force the Anzio beachhead, and then to Born in Baja California, Mexico, found himself back home, as coach of take Velletri, one of the key cities that Firebaugh served three terms as a the Griz. As head coach, Coach ‘‘K’’ in- the Germans used in the defense of member of the California State Assem- stilled in his team that being a college Rome. After the Nazis fell, his division bly and one term as the majority floor athlete is about more than just playing marched through the streets of Rome leader. In 1998, he was first elected to a sport, it is about being a role model to a hero’s welcome. After the libera- the California State Assembly, rep- for a community. Nothing exemplifies tion of Rome, his division was sent off resenting the 50th assembly district. this mentality more than when Coach on ships to another crucial mission: During his tenure, he fought for the ‘‘K’’ himself offered to have his head the invasion of southern France. rights of all Californians, including im- shaved in order to show support to a It was during Operation Dragoon on migrants and their children, with pas- friend who had recently been diagnosed the beaches of France that Mr. sion and great success. Under his lead- with cancer and to raise money for Fontanez would earn his highest award ership, the California State Assembly children who were battling the disease. for valor. While the troops advanced in- passed legislation that focused on in- I want to take this opportunity to land from the landing area, a low-fly- creasing the availability of education publicly congratulate each player on ing plane dropped a bomb onboard one to all California residents. the roster, the coaching staff, Coach of the ships in the bay, causing explo- He led the effort to appoint more ‘‘K’’, and the entire University of Mon- sions and major fires. qualified Latinos and Latinas to high- tana community for their magical sea- After seeing a number of badly level positions in State government, son. burned men jump from the ship with including the appointment of only the I ask that the list of coaches and their clothes on fire—and with total second Latino to serve on the Cali- team members be printed in the disregard for his own safety—he en- fornia Supreme Court, the first Latina RECORD. tered the water and was able to swim to serve as chancellor of a University The information follows: several safely to shore. of California campus, and two addi- 2005–2006 UNIVERSITY OF MONTANA MEN’S For this selfless act of bravery, he tional Latino presidents at the Cali- BASKETBALL TEAM was awarded the Soldier’s Medal. fornia State Universities at Fresno and Later he rejoined his company and Sacramento. Coaches: Larry Krystkowiak, Head Coach; was able to help drive the Germans out Andy Hill; Brad Huse; and Wayne Tinkle. Firebaugh worked strenuously to Players: Mike Chavez; Kevin Criswell; of Cannes and Grenoble. Moving protect and defend the dignity of his Matt Dlouhy; Bryan Ellis; Jordan Hasquet; through the cold snow, they rested constituents, regardless of their immi- Matt Martin; Virgil Matthews; Stuart where they could. As Christmas 1944 gration status, and remained involved Mayes; John Seyfert; Kyle Sharp; Greg approached, the 36th was hoping for a in community affairs after his depar- Spurgetis; Andrew Strait; Austin Swift; and lull in fighting, but German forces ture from the California State Assem- ∑ Eric Van Vliet. launched an attack to the north. After bly. He served as a visiting professor f successfully defending their positions, and policy fellow at the UCLA School TRIBUTE TO VICTOR FONTANEZ the 36th renewed the offense and of Medicine, Center for the Study of crossed the Rhine River into Germany ∑ Latino Health and Culture. Most re- Mr. BOND. Mr. President, I rise in late March 1945. It was shortly after cently, he decided to reenter public today to honor Mr. Victor Fontanez of this that Mr. Fontanez got his well-de- life, as a candidate for the California Platte City, MO. Mr. Fontanez is a served rest, and was expedited home for State Senate, 30th district, and gained World War II veteran who served with extended leave. the support of many local community distinction in Europe from 1942 to 1945. Like so many of his generation, Mr. leaders, including current 30th district Mr. Fontanez joined the Army in Fontanez’s success extended beyond State senator Martha Escutia. His January of 1941, 11 months before the the battlefield. He fathered two chil- dedication to his fellow Californians attacks on Pearl Harbor. He recognized dren: a son, Victor, Jr., who is now a will be missed. the need for soldiers to answer the call, retired military officer; and a daugh- I invite all of my colleagues to join and swiftly volunteered for service ter, Edith, who currently lives in me in recognizing and honoring Marco wherever he could be used. Joining Platte City and works with Support Antonio Firebaugh for his guidance Company B, 47th Infantry Battalion, Our Troops & Vets. and leadership in fighting to improve 9th Division, Mr. Fontanez was quickly He is the proud grandfather of six the lives of all Californians. He is sur- shipped to North Africa where he par- grandchildren and great-grandfather of vived by his mother, Carmen Ramos ticipated in the larger Battle of Tuni- four, and counts a military chaplain, Garcia; his children, Ariana and Nico- sia against German Field Marshal two Army soldiers, a Guardsman, an las; brothers, Carlos and Jesse; and sis- Erwin Rommel’s vaunted Afrika Korps. attorney, and a social worker in his ters, Cecilia and Esmeralda.∑ In April of 1943, near the town of El lineage. Nearing 90 years of age, Victor Guettar, his battalion was given orders Fontanez is a proud member and exam- f to go over the top of an important hill. ple of our ‘‘greatest generation,’’ and As he ran down the hill towards the should be commended for his bravery TRIBUTE TO MARGARET enemy, a mortar shell exploded close in helping secure the freedoms we all SULLIVAN WILSON to him, sending shrapnel into the left enjoy. On this day, I encourage my col- side of his body. Despite profuse bleed- leagues to stand with me in praising ∑ Mr. DODD. Mr. President, today I ing, he continued on to the bottom of the service of this true hero, Victor rise to honor one of Connecticut’s fin- the hill and took cover near a large Fontanez.∑ est educators: Margaret Sullivan Wil- rock. Another mortar hit the rock, f son. sending concussions through his body Peg Wilson is a lifelong resident of and making it difficult to breathe. IN MEMORY OF MARCO ANTONIO Norwich, CT. Throughout her life, she After the attack, his fellow heroes FIREBAUGH has been dedicated to serving the peo- helped him back to the headquarters, ∑ Mrs. BOXER. Mr. President, Cali- ple of her native city, as well as im- where he was patched up quickly and fornia has lost a fine, young leader. proving educational opportunities for evacuated to an American hospital in Marco Antonio Firebaugh, former Cali- children in Connecticut and, indeed, in Oran. fornia Assembly majority floor leader, America.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3503 A 1944 graduate of Willimantic State years. As the center grows, a limited MESSAGES FROM THE PRESIDENT Teachers College—now Eastern Con- number of infants and up to 60 toddlers Messages from the President of the necticut State University—Peg re- will be served. In addition, the center United States were communicated to ceived a bachelor’s degree in education. will eventually offer onsite services the Senate by Ms. Evans, one of his She also attained a master’s degree such as health, education, and finan- secretaries. from the University of Connecticut. cial services to the participating fami- Between 1945 and 1950, she taught at lies. Peg’s vision of comprehensive f Norwich Elementary School and was a child development is truly being real- EXECUTIVE MESSAGES REFERRED reading supervisor in the Greenwich ized. Public Schools. Returning to Eastern I would be remiss if I did not mention As in executive session the Presiding in 1950, Peg devoted herself to improv- Peg’s family: her late husband, W. Rob- Officer laid before the Senate messages ing early childhood education. ert Wilson; her daughter, Margaret- from the President of the United In particular, Peg has dedicated her- Ellen Wilson; and her son, Dr. William States submitting sundry nominations self to changing the way young stu- Wilson, a recipient of Norwich’s Native which were referred to the appropriate dents are taught. She advocated pro- Son Award in 1999. Their love and sup- committees. viding an individual approach to early port has been instrumental in allowing (The nominations received today are childhood education, which was consid- Peg to devote her career to promoting printed at the end of the Senate pro- ered radical by many educators in the early childhood development. ceedings.) early 1950s. However, over the ensuing As a Senator and a father of two f decades this approach has become young daughters, I am reminded every widely accepted as the best method of day of the importance of providing EXECUTIVE AND OTHER preparing young children for success in quality education early in a child’s COMMUNICATIONS school and life. life. Throughout my career, I have The following communications were Peg Wilson was ahead of her time in strived to ensure that our country laid before the Senate, together with recognizing the importance of pro- makes early childhood development a accompanying papers, reports, and doc- viding children a comprehensive and national priority. Today, I am honored uments, and were referred as indicated: demanding curriculum that considers to praise the work of someone who EC–6378. A communication from the Direc- each child’s strengths and weaknesses. shares that commitment with me. tor, Regulations and Disclosure Law, Cus- Her determination to improve early Margaret Wilson has played an inte- toms and Border Protection, Department of education was the driving passion of gral role in improving thousands of Homeland Security, transmitting, pursuant her career. As both a teacher and ad- young students’ lives and reshaping to law, the report of a rule entitled ‘‘Estab- ministrator, Peg imparted her ‘‘rad- lishment of Port of Entry at New River Val- early childhood education. The Mar- ley, Virginia, and Termination of the User- ical’’ theory to thousands of prospec- garet S. Wilson Child and Family De- fee Status of New River Valley Airport’’ tive teachers and parents during her velopment Complex stands as a testa- (CBP Decision 06–10) received on April 18, nearly 40 years at Eastern. This knowl- ment to one of Connecticut’s most ad- 2006; to the Committee on Finance. edge undoubtedly improved the lives of mired and visionary educators. This EC–6379. A communication from the Regu- even more children in Connecticut and complex will help ensure that future lations Coordinator, Center for Medicare throughout the country. For that, we generations of Connecticut children Management, Department of Health and should all be grateful. are provided with a quality education Human Services, transmitting, pursuant to law, the report of a rule entitled ‘‘Medicare During, and after her illustrious ca- early in life, which is critical for our reer at Eastern, Peg remained active in Program: Medicare Graduate Medical Edu- Nation’s future. On behalf of a grateful cation Application Provisions for Teaching her community. While working at state and nation, I say thank you, Peg Hospitals in Certain Emergency Situations’’ Eastern, Peg served on the Norwich Wilson, for all that you have done and (RIN0938–AO35) received on April 18, 2006; to Board of Education for 18 years. In ad- continue to do for the children of the Committee on Finance. dition, she is an original cofounder of America.∑ EC–6380. A communication from the Regu- lations Coordinator, Office of Financial Man- the Norwich Historical Society, which f is dedicated to promoting the history agement, Department of Health and Human of that great New England town. In ad- CELEBRATING THE 125TH ANNI- Services, transmitting, pursuant to law, the dition, she remained active in local VERSARY OF ST. VINCENT report of a rule entitled ‘‘Medicare Program, HEALTH Requirement for Providers and Suppliers to politics, even running for city council Establish and Maintain Medicare Enroll- president and State senate. Her con- ∑ Mr. LUGAR. Mr. President, I am ment’’ (RIN0938–AH73) received on April 24, tributions to her community have long pleased to rise today in order to join 2006; to the Committee on Finance. been acknowledged; Peg received the my fellow Hoosiers in celebrating the EC–6381. A communication from the Chief, Norwich Citizen of the Year Award in 125th Anniversary of St. Vincent Publications and Regulations Branch, Inter- 1970. Health. Over the span of those 125 nal Revenue Service, Department of the Although Peg Wilson retired from years, St. Vincent Health has grown Treasury, transmitting, pursuant to law, the Eastern in 1989 as vice president for ad- into one of the largest health care sys- report of a rule entitled ‘‘Bureau of Labor ministration and fiscal affairs, her Statistics Price Indexes for Department tems in the State of Indiana, with 16 Stores—February 2006’’ (Rev. Rul. 2006–23) re- dedication to early childhood develop- facilities serving 45 counties. ceived on April 24, 2006; to the Committee on ment has continued undiminished. April 26, 2006, marks Founder’s Day, Finance. Never losing sight of her dream of indi- the culmination of a year-long celebra- EC–6382. A communication from the Chief, vidualized, comprehensive education tion which began on November 29, 2005, Publications and Regulations Branch, Inter- for young children, Peg returned to during which the 11,500 associates of nal Revenue Service, Department of the Eastern as an assistant to the presi- St. Vincent and the communities they Treasury, transmitting, pursuant to law, the dent. In this role, she spent nearly 4 serve will commemorate this impor- report of a rule entitled ‘‘April-June 2006 years attempting to gain support for a Bond Factor Amounts’’ (Rev. Rul. 2006–14) re- tant milestone. This year Founder’s ceived on April 24, 2006; to the Committee on facility on Eastern’s campus dedicated Day will include the unveiling of a Finance. to early childhood development. Her statue to commemorate the four EC–6383. A communication from the Chief, hard work, alongside that of the presi- Daughters of Charity who came to In- Publications and Regulations Branch, Inter- dent and senior staff of Eastern, finally dianapolis to start what is now known nal Revenue Service, Department of the paid off. On February 28, 2006, Eastern as St. Vincent Indianapolis Hospital Treasury, transmitting, pursuant to law, the University dedicated the Margaret S. and the 125 years of service that re- report of a rule entitled ‘‘2006 Section 29 In- Wilson Child and Family Development sulted from their remarkable work. flation Adjustment Factor (for calendar year Complex. This new complex currently Like so many of my fellow Hoosiers, 2005)’’ (Notice 2006–37) received on April 24, 2006; to the Committee on Finance. serves 14 children, ages 3 and 4, in a I am grateful for the important serv- EC–6384. A communication from the Chief, new comprehensive preschool, imple- ices that the associates of St. Vincent Publications and Regulations Branch, Inter- menting many of the ideas Margaret Health provide each day to Hoosiers in nal Revenue Service, Department of the Wilson has espoused for almost 60 their time of need.∑ Treasury, transmitting, pursuant to law, the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3504 CONGRESSIONAL RECORD — SENATE April 25, 2006 report of a rule entitled ‘‘Gulf Opportunity EC–6397. A communication from the Chief law, a report consistent with the Authoriza- Zone Bonds, Gulf Opportunity Zone Advance Justice of the Supreme Court of the United tion for Use of Military Force Against Iraq Refunding Bonds, and Gulf Tax Credit Bonds States, transmitting, pursuant to law , the Resolution of 1002 (P.L. 107–243) and the Au- Notice’’ (Notice 2006–41) received on April 24, amendments to the Federal Rules of Civil thorization for the Use of Force Against Iraq 2006; to the Committee on Finance. Procedure that have been adopted by the Su- Resolution (P.L. 102–1) for the October 15, EC–6385. A communication from the Chief, preme Court of the United States pursuant 2005 through December 15, 2005 reporting pe- Publications and Regulations Branch, Inter- to Section 2072 of Title 28, United States riod; to the Committee on Foreign Relations. nal Revenue Service, Department of the Code; to the Committee on the Judiciary. EC–6408. A communication from the Sec- Treasury, transmitting, pursuant to law, the EC–6398. A communication from the Sec- retary for Regulation Policy and Manage- report of a rule entitled ‘‘Application of Sec- retary of Energy, transmitting, a draft of ment, Department of Veterans Affairs, trans- tion 338 to Insurance Companies’’ (RIN1545– proposed legislation to authorize the Sec- mitting, pursuant to law, the report of a rule AY49) received on April 24, 2006; to the Com- retary of Energy to use expedited procedures entitled ‘‘Board of Veterans’ Appeals: Rules mittee on Finance. to promulgate rules establishing energy con- of Practice: Public Availability of Board De- EC–6386. A communication from the Com- servation standards; to the Committee on cisions’’ (RIN2900–AM31) received on April 12, missioner of Social Security, transmitting, Energy and Natural Resources. 2006; to the Committee on Veterans’ Affairs. pursuant to law, a report entitled ‘‘Report on EC–6399. A communication from the Sec- EC–6409. A communication from the Sec- Acquisitions Made from Foreign Manufac- retary of Energy, transmitting, pursuant to retary of Veterans Affairs and the Secretary turers for Fiscal Year 2005’’; to the Com- law, the Annual Report on Federal Govern- of Defense, transmitting, jointly, a report re- mittee on Finance. ment Energy Management and Conservation garding the implementation of the health re- EC–6387. A communication from the Sec- Programs for Fiscal Year 2004; to the Com- sources sharing portion of the Department of retary of Health and Human Services, trans- mittee on Energy and Natural Resources. Veterans Affairs and Department of Defense mitting, pursuant to law, a report entitled EC–6400. A communication from the Gen- Health Resources Sharing and Emergency ‘‘National Coverage Determinations’’; to the eral Counsel, Office of Procurement and As- Operations Act for Fiscal Year 2002; to the Committee on Finance. sistance Management, Department of En- Committee on Veterans’ Affairs. EC–6388. A communication from the Sec- ergy, transmitting, pursuant to law, the re- EC–6410. A communication from the Dep- retary of Health and Human Services, trans- port of a rule entitled ‘‘Acquisition Regula- uty Secretary of Veterans Affairs and the mitting, pursuant to law, a report entitled tion: Make-or-Buy Plans’’ (RIN1991–AB64) re- Under Secretary of Defense for Personnel ‘‘Vision Rehabilitation for Elderly Individ- ceived on April 12, 2006; to the Committee on and Readiness, transmitting, pursuant to uals with Low Vision or Blindness’’; to the Energy and Natural Resources. law, the report on the implementation of the Committee on Finance. EC–6401. A communication from the Acting health resources sharing portion of the De- EC–6389. A communication from the Assist- Assistant Secretary, Land and Minerals ant Attorney General, Office of Legislative partment of Veterans Affairs and Depart- Management, Department of the Interior, Affairs, Department of Justice, transmit- ment of Defense Health Resources Sharing transmitting, pursuant to law, the report of ting, a draft of proposed legislation entitled and Emergency Operations Act for Fiscal ‘‘Child Pornography and Obscenity Preven- a rule entitled ‘‘Oil and Gas and Sulphur Op- Year 2005; to the Committee on Veterans’ Af- tion Amendments of 2006’’; to the Committee erations in the Outer Continental Shelf—In- fairs. EC–6411. A communication from the Chair- on the Judiciary. cident Reporting Requirements’’ (RIN1010– EC–6390. A communication from the United AC57) received on April 18, 2006; to the Com- man, National Foundation on the Arts and States District Judge, Federal Judicial Cen- mittee on Energy and Natural Resources. the Humanities, transmitting, pursuant to ter, transmitting, pursuant to law, the Fed- EC–6402. A communication from the Assist- law, the annual report on the Arts and Arti- eral Judicial Center’s Annual Report for the ant Secretary for Legislative Affairs, De- facts Indemnity Program for fiscal year 2005; 2005 calendar year; to the Committee on the partment of State, transmitting, pursuant to to the Committee on Health, Education, Judiciary. the Arms Export Control Act, the certifi- Labor, and Pensions. EC–6391. A communication from the Com- cation of a proposed license for the export of EC–6412. A communication from the Assist- mander, Civil Air Patrol , United States Air defense articles or defense services sold com- ant Secretary, Employee Benefits Security Force Auxiliary, transmitting, pursuant to mercially under contract in the amount of Administration, Department of Labor, trans- law, the 2005 annual report to Congress con- $100,000,000 or more to Japan; to the Com- mitting, pursuant to law, the report of a rule cerning community service; to the Com- mittee on Foreign Relations. entitled ‘‘Amendment to Prohibited Trans- mittee on the Judiciary. EC–6403. A communication from the Assist- action Exemption 2002–51 (PTE 2002–51) to EC–6392. A communication from the Chief ant Secretary for Legislative Affairs, De- Permit Certain Transactions Identified in Judge, Superior Court of the District of Co- partment of State, transmitting, pursuant to the Voluntary Fiduciary Correction Pro- lumbia, transmitting, pursuant to law, the the Arms Export Control Act, the certifi- gram’’ (RIN1210–ZA05) received on April 24, 2005 report on the progress of implementing cation of a proposed technical assistance 2006; to the Committee on Health, Education, the provisions of the Family Court Act; to agreement and a manufacturing license Labor, and Pensions. the Committee on the Judiciary. agreement for manufacture and export of de- EC–6413. A communication from the Assist- EC–6393. A communication from the Chief fense articles or defense services sold com- ant Secretary, Employee Benefits Security Justice of the Supreme Court of the United mercially under a contract in the amount of Administration, Department of Labor, trans- States, transmitting, pursuant to law, the $100,000,000 or more to Turkey; to the Com- mitting, pursuant to law, the report of a rule amendments to the Federal Rules of Appel- mittee on Foreign Relations. entitled ‘‘Voluntary Fiduciary Correction late Procedure that have been adopted by EC–6404. A communication from the Assist- Program Under the Employee Retirement In- the Supreme Court of the United States pur- ant Secretary for Legislative Affairs, De- come Security Act of 1974’’ (RIN1210–AB03) suant to Section 2072 of Title 28, United partment of State, transmitting, pursuant to received on April 24, 2006; to the Committee States Code; to the Committee on the Judici- the Arms Export Control Act, the certifi- on Health, Education, Labor, and Pensions. ary. cation of a proposed license for the export of EC–6414. A communication from the Direc- EC–6394. A communication from the Chief defense articles or defense services sold com- tor, Regulation Policy and Management, Justice of the Supreme Court of the United mercially under a contract in the amount of Food and Drug Administration, Department States, transmitting, pursuant to law , the $50,000,000 or more to Iraq; to the Committee of Health and Human Services, transmitting, amendments to the Federal Rules of Bank- on Foreign Relations. pursuant to law, the report of a rule entitled ruptcy Procedure that have been adopted by EC–6405. A communication from the Assist- ‘‘New Animal Drugs; Removal of Obsolete the Supreme Court of the United States pur- ant Secretary for Legislative Affairs, De- and Redundant Regulations’’ (Doc. No. suant to Section 2075 of Title 28, United partment of State, transmitting, pursuant to 2003N–0324) received on April 12, 2006; to the States Code; to the Committee on the Judici- the Arms Export Control Act, the certifi- Committee on Health, Education, Labor, and ary. cation of a proposed multi-contract effort for Pensions. EC–6395. A communication from the Chief manufacture and export of defense articles EC–6415. A communication from the Direc- Justice of the Supreme Court of the United or defense services sold commercially under tor, Regulation Policy and Management, States, transmitting, pursuant to law , the a contract in the amount of $100,000,000 or Food and Drug Administration, Department amendments to the Federal Rules of Evi- more to Canada, France and the United of Health and Human Services, transmitting, dence that have been adopted by the Su- Kingdom; to the Committee on Foreign Rela- pursuant to law, the report of a rule entitled preme Court of the United States pursuant tions. ‘‘Medical Devices; Immunology and Microbi- to Section 2072 of Title 28, United States EC–6406. A communication from the Assist- ology Devices; Classification of Reagents for Code; to the Committee on the Judiciary. ant Secretary for Legislative Affairs, De- Detection of Specified Novel Influenza A Vi- EC–6396. A communication from the Chief partment of State, transmitting, pursuant to ruses’’ (Doc. No. 2006N–0100) received on Justice of the Supreme Court of the United law, the annual report on properties identi- April 12, 2006; to the Committee on Health, States, transmitting, pursuant to law , the fied for possible disposal for fiscal years 2006 Education, Labor, and Pensions. amendments to the Federal Rules of Crimi- through 2007; to the Committee on Foreign EC–6416. A communication from the Direc- nal Procedure that have been adopted by the Relations. tor, Regulation Policy and Management, Supreme Court of the United States pursu- EC–6407. A communication from the Assist- Food and Drug Administration, Department ant to Section 2072 of Title 28, United States ant Secretary for Legislative Affairs, De- of Health and Human Services, transmitting, Code; to the Committee on the Judiciary. partment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3505 ‘‘New Animal Drugs; Adamantane and of Policy, Economics, and Innovation, Envi- April 12, 2006; to the Committee on Agri- Neuraminidase Inhibitor Anti-influenza ronmental Protection Agency, transmitting, culture, Nutrition, and Forestry. Drugs; Extralabel Animal Drug Use; Order of pursuant to law, the report of a rule entitled EC–6435. A communication from the Prin- Prohibition’’ (Doc. No. 2006N–0106) received ‘‘Polychlorinated Biphenyl (PCB) Site Revi- cipal Deputy Associate Administrator, Office on April 12, 2006; to the Committee on talization Guidance Under the Toxic Sub- of Policy, Economics, and Innovation, Envi- Health, Education, Labor, and Pensions. stances Control Act (TSCA); Notice of Avail- ronmental Protection Agency, transmitting, EC–6417. A communication from the Ad- ability’’ (FRL No. 7687–9) received on April pursuant to law, the report of a rule entitled ministrator, Office of Workforce Security, 12, 2006; to the Committee on Environment ‘‘Sodium Metasilicate; Amendment to an Ex- Department of Labor, transmitting, pursu- and Public Works. emption from the Requirement of a Toler- ant to law, the report of a rule entitled EC–6427. A communication from the Prin- ance’’ (FRL No. 8063–5) received on April 12, ‘‘Changes to UI Performs, Change 1, Per- cipal Deputy Associate Administrator, Office 2006; to the Committee on Agriculture, Nu- formance Criterion for the Overpayment De- of Policy, Economics, and Innovation, Envi- trition, and Forestry. tection Measure; Clarification of Appeals ronmental Protection Agency, transmitting, EC–6436. A communication from the Con- Timeliness Measures; and Implementation of pursuant to law, the report of a rule entitled gressional Review Coordinator, Animal and Tax Quality Measure Corrective Action ‘‘Approval of the Clean Air Act, Section Plant Health Inspection Service, Department Plans (CAPs) received on April 12, 2006; to 112(I), Authority for Hazardous Air Pollut- of Agriculture, transmitting, pursuant to the Committee on Health, Education, Labor, ants: Perchloroethylene Air Emission Stand- law, the report of a rule entitled ‘‘Importa- and Pensions. ards for Dry Cleaning Facilities: Common- tion of Small Lots of Seed Without EC–6418. A communication from the Ad- wealth of Massachusetts Department of En- Phytosanitary Certificates’’ ((RIN0579– ministrator, Small Business Administration, vironmental Protection’’ (FRL No. 8157–9) re- AB78)(Doc. No. 02–119–2)) received on April transmitting, pursuant to law, the Adminis- ceived on April 12, 2006; to the Committee on 18, 2006; to the Committee on Agriculture, tration’s Fiscal Year 2005 Notification and Environment and Public Works. Nutrition, and Forestry. Federal Employee Anti-Discrimination and EC–6428. A communication from the Prin- EC–6437. A communication from the Chief, Retaliation (No FEAR) Act Annual Report; cipal Deputy Associate Administrator, Office Regulatory Review Group, Department of to the Committee on Small Business and En- of Policy, Economics, and Innovation, Envi- Agriculture, transmitting, pursuant to law, trepreneurship. ronmental Protection Agency, transmitting, the report of a rule entitled ‘‘Transfer of EC–6419. A communication from the Coor- pursuant to law, the report of a rule entitled Sugar Program Marketing Allocations’’ dinator, Forms Committee, Federal Election ‘‘Finding of Substantial Inadequacy of Im- (RIN0560–AH37) received on April 12, 2006; to Commission, transmitting, pursuant to law, plementation Plan; Call for Missouri State the Committee on Agriculture, Nutrition, the report of revisions to the instructions for Implementation Plan Revision’’ (FRL No. and Forestry. FEC Form 3X and FEC Form 9; to the Com- 8158–7) received on April 12, 2006; to the Com- EC–6438. A communication from the Direc- mittee on Rules and Administration. mittee on Environment and Public Works. tor, Regulatory Review Group, Department EC–6420. A communication from the Asso- EC–6429. A communication from the Prin- of Agriculture, transmitting, pursuant to ciate Director, Office of Foreign Assets Con- cipal Deputy Associate Administrator, Office law, the report of a rule entitled ‘‘Acreage trol, Department of the Treasury, transmit- of Policy, Economics, and Innovation, Envi- Reports and Noninsured Crop Disaster As- ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, sistance Program’’ (RIN0560–AG20) received titled ‘‘Foreign Assets Control Regulations’’ pursuant to law, the report of a rule entitled on April 12, 2006; to the Committee on Agri- (31 CFR part 500) received on April 12, 2006; to ‘‘Notice of Availability of ‘Award of Grants culture, Nutrition, and Forestry. the Committee on Banking, Housing, and and Cooperative Agreements for the Special EC–6439. A communication from the Regu- Urban Affairs. EC–6421. A communication from the Coun- Projects and Programs Authorized by the latory Contact, Information Security Over- sel for Legislation and Regulations, Office of Agency’s FY 2006 Appropriations Act’’’ (FRL sight Office, National Archives and Records Public and Indian Housing, Department of No. 8053–8) received on April 12, 2006; to the Administration, transmitting, pursuant to Housing and Urban Development, transmit- Committee on Environment and Public law, the report of a rule entitled ‘‘National ting, pursuant to law, the report of a rule en- Works. Industrial Security Program Directive No. titled ‘‘Conversion of Developments from EC–6430. A communication from the Prin- 1’’ (RIN3095–AB34) received on April 12, 2006; Public Housing Stock; Methodology for Com- cipal Deputy Associate Administrator, Office to the Committee on Homeland Security and paring Costs of Public Housing and Tenant- of Policy, Economics, and Innovation, Envi- Governmental Affairs. Based Assistance’’ ((RIN2577–AC33) (FR–4718– ronmental Protection Agency, transmitting, EC–6440. A communication from the Dis- F–02)) received on April 12, 2006; to the Com- pursuant to law, the report of a rule entitled trict of Columbia Auditor, transmitting, pur- mittee on Banking, Housing, and Urban Af- ‘‘Revocation of TSCA Section 4 Testing Re- suant to law, a report entitled ‘‘Letter Re- fairs. quirements for Certain Chemical Sub- port: Advisory Neighborhood Commission 7D EC–6422. A communication from the Assist- stances’’ ((RIN2070–AD42)(FRL No. 7751–7)) Unauthorized Check Activity’’; to the Com- ant Secretary of the Army (Civil Works), received on April 12, 2006; to the Committee mittee on Homeland Security and Govern- transmitting, a report of proposed legisla- on Environment and Public Works. mental Affairs. tion relative to the financing of a capital im- EC–6431. A communication from the Prin- EC–6441. A communication from the Direc- provement project at the Washington Aque- cipal Deputy Associate Administrator, Office tor, Tennessee Valley Authority, transmit- duct drinking water facility; to the Com- of Policy, Economics, and Innovation, Envi- ting, pursuant to law, the Report under the mittee on Environment and Public Works. ronmental Protection Agency, transmitting, Government in the Sunshine Act for cal- EC–6423. A communication from the Assist- pursuant to law, the report of a rule entitled endar year 2005; to the Committee on Home- ant Secretary, Policy Management and ‘‘Approval and Promulgation of Implementa- land Security and Governmental Affairs. Budget, Department of the Interior, trans- tion Plans; Tennessee: Revisions to Volatile EC–6442. A communication from the Chair- mitting, pursuant to law, the Department’s Organic Compound Definition’’ (FRL No. man, Federal Maritime Commission, trans- inventory of commercial activities and the 8157–8) received on April 12, 2006; to the Com- mitting, pursuant to law, the Report under inventory of inherently governmental activi- mittee on Environment and Public Works. the Government in the Sunshine Act for cal- ties; to the Committee on Environment and EC–6432. A communication from the Prin- endar year 2005; to the Committee on Home- Public Works. cipal Deputy Associate Administrator, Office land Security and Governmental Affairs. EC–6424. A communication from the Prin- of Policy, Economics, and Innovation, Envi- EC–6443. A communication from the Direc- cipal Deputy Associate Administrator, Office ronmental Protection Agency, transmitting, tor, Office of Personnel Management, trans- of Policy, Economics, and Innovation, Envi- pursuant to law, the report of a rule entitled mitting, pursuant to law, the annual report ronmental Protection Agency, transmitting, ‘‘Washington: Final Authorization of State which contains certain fiscal year 2005 sta- pursuant to law, the report of a rule entitled Hazardous Waste Management Program Re- tistical data relating to Federal sector equal ‘‘National Emission Standards for Hazardous visions’’ (FRL No. 8158–4) received on April employment opportunity complaints; to the Air Pollutants; Delegation of Authority to 12, 2006; to the Committee on Environment Committee on Homeland Security and Gov- Louisiana’’ (FRL No. 8159–9) received on and Public Works. ernmental Affairs. April 12, 2006; to the Committee on Environ- EC–6433. A communication from the Sec- EC–6444. A communication from the Archi- ment and Public Works. retary, Department of Agriculture, transmit- vist of the United States, transmitting, pur- EC–6425. A communication from the Prin- ting, the report of draft legislation to au- suant to law, the Fiscal Year 2005 Report cipal Deputy Associate Administrator, Office thorize the Secretary of Agriculture to dis- Concerning Commercial Activities Inventory of Policy, Economics, and Innovation, Envi- pose of certain National Forest System lands and Inherently Governmental Inventory; to ronmental Protection Agency, transmitting, and retain receipts; to the Committee on Ag- the Committee on Homeland Security and pursuant to law, the report of a rule entitled riculture, Nutrition, and Forestry. Governmental Affairs. ‘‘National Priorities List for Uncontrolled EC–6434. A communication from the Prin- EC–6445. A communication from the Chair- Hazardous Waste Sites’’ ((RIN2050– cipal Deputy Associate Administrator, Office man, United States Merit System Protection AD75)(FRL No. 8159–5)) received on April 12, of Policy, Economics, and Innovation, Envi- Board, transmitting, pursuant to law, the re- 2006; to the Committee on Environment and ronmental Protection Agency, transmitting, port entitled ‘‘Designing an Effective Pay for Public Works. pursuant to law, the report of a rule entitled Performance Compensation System″; to the EC–6426. A communication from the Prin- ‘‘Cyfluthrin; Pesticide Tolerance Technical Committee on Homeland Security and Gov- cipal Deputy Associate Administrator, Office Correction’’ (FRL No. 7766–2) received on ernmental Affairs.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3506 CONGRESSIONAL RECORD — SENATE April 25, 2006 EC–6446. A communication from the Under By Mr. FRIST (for himself and Mr. S.J. Res. 34. A joint resolution expressing Secretary of Defense (Acquisition, Tech- ALEXANDER): United States policy on Iraq; to the Com- nology and Logistics), transmitting, pursu- S. 2640. A bill to suspend temporarily the mittee on Foreign Relations. duty on Benzoic acid 3,4,5-trihydroxy-, ant to law, the annual Selected Acquisition f Reports (SARs) for the quarter ending De- propyl ester; to the Committee on Finance. cember 31, 2005; to the Committee on Armed By Mr. FRIST (for himself and Mr. SUBMISSION OF CONCURRENT AND Services. ALEXANDER): SENATE RESOLUTIONS S. 2641. A bill to suspend temporarily the EC–6447. A communication from the Assist- The following concurrent resolutions ant Director, Executive and Political Per- duty on 2,4-Xylidine; to the Committee on sonnel, Department of Defense, transmit- Finance. and Senate resolutions were read, and ting, pursuant to law, (25) reports relative to By Mrs. FEINSTEIN (for herself, Ms. referred (or acted upon), as indicated: vacancy announcements within the Depart- SNOWE, Mr. LEVIN, Ms. CANTWELL, By Mr. LUGAR (for himself, Mr. BIDEN, ment, received on April 12, 2006; to the Com- Ms. MIKULSKI, Mrs. BOXER, and Mr. and Mr. LEAHY): mittee on Armed Services. HARKIN): S. Res. 441. A resolution expressing the EC–6448. A communication from the Acting S. 2642. A bill to amend the Commodity Ex- support of the Senate for the reconvening of Director, Defense Procurement and Acquisi- change Act to add a provision relating to re- the Parliament of Nepal and for an imme- tion Policy, Department of Defense, trans- porting and recordkeeping for positions in- diate, peaceful transition to democracy; to mitting, pursuant to law, the report of a rule volving energy commodities; to the Com- the Committee on Foreign Relations. entitled ‘‘Incentive Program for Purchase of mittee on Agriculture, Nutrition, and For- By Mr. COLEMAN: Capital Assets Manufactured in the United estry. S. Res. 442. A resolution expressing the States’’ (DFARS Case 2005–D003) received on By Mr. BINGAMAN (for himself, Mr. deep disappointment of the Senate with re- April 12, 2006; to the Committee on Armed SMITH, Mr. BAUCUS, Mr. JOHNSON, spect to the election of Iran to a leadership Services. Mrs. FEINSTEIN, Mr. FEINGOLD, Mrs. position in the United Nations Disarmament EC–6449. A communication from the Under MURRAY, Mr. SALAZAR, Ms. CANT- Commission and requesting the President to Secretary of Defense (Personnel and Readi- WELL, and Mr. INOUYE): withhold funding to the United Nations un- S. 2643. A bill to amend the Omnibus Crime ness), transmitting the report of (12) officers less credible reforms are made; to the Com- Control and Safe Streets Act of 1968 to clar- authorized to wear the insignia of the next mittee on Foreign Relations. ify that Indian tribes are eligible to receive higher grade in accordance with title 10, By Mr. FRIST (for himself and Mr. grants for confronting the use of meth- United States Code, section 777; to the Com- REID): amphetamine; to the Committee on the Judi- mittee on Armed Services. S. Res. 443. A resolution relative to the ciary. EC–6450. A communication from the Acting death of Francis R. Valeo, former Secretary By Mrs. FEINSTEIN (for herself, Mr. Principal Deputy for Personnel and Readi- of the Senate; considered and agreed to. GRAHAM, and Mr. FRIST): ness, Office of the Under Secretary of De- By Mr. SMITH (for himself, Mrs. FEIN- fense for Personnel and Readiness, transmit- S. 2644. A bill to harmonize rate setting standards for copyright licenses under sec- STEIN, and Mrs. DOLE): ting, pursuant to law, a report of the closure S. Res. 444. A resolution commemorating of the Defense commissary store at Camp tions 112 and 114 of title 17, United States Code, and for other purposes; to the Com- the 100th anniversary of the founding of the Hialeah, South Korea by July 31, 2006; to the American Jewish Committee; considered and Committee on Armed Services. mittee on the Judiciary. By Mr. ALLEN (for himself and Mr. agreed to. EC–6451. A communication from the Acting By Mr. SANTORUM (for himself, Mr. Principal Deputy for Personnel and Readi- WARNER): S. 2645. A bill to establish the Journey LIEBERMAN, Mr. NELSON of Florida, ness, Office of the Under Secretary of De- Through Hallowed Ground National Heritage Mr. VOINOVICH, Mr. INHOFE, Mr. EN- fense for Personnel and Readiness, transmit- Area, and for other purposes; to the Com- SIGN, Ms. SNOWE, Mr. BROWNBACK, Mr. ting, pursuant to law, a report of the closure mittee on Energy and Natural Resources. ALLEN, Mrs. FEINSTEIN, Mr. DEWINE, of the Defense commissary store at Bad By Mr. KERRY: Mr. LEVIN, Mr. CHAFEE, Mr. FRIST, Kissingen (Daley Village Army housing S. 2646. A bill to create a 3-year pilot pro- Mr. LAUTENBERG, Mr. BURNS, Mr. area), Germany by July 14, 2006; to the Com- gram that makes small, nonprofit child care SPECTER, Mr. HAGEL, Mr. THOMAS, mittee on Armed Services. businesses eligible for loans under title V of Mr. WARNER, Mrs. DOLE, Mr. CRAPO, EC–6452. A communication from the Assist- the Small Business Investment Act of 1958; Mr. TALENT, and Mr. SUNUNU): ant Secretary of Defense, Reserve Affairs, to the Committee on Small Business and En- S. Res. 445. A resolution expressing the transmitting, pursuant to law, the Depart- trepreneurship. sense of the Senate in commemorating Holo- ment’s STARBASE Program 2005 Annual Re- By Mr. THOMAS (for himself and Mr. caust Remembrance Day; considered and port; to the Committee on Armed Services. ENZI): agreed to. EC–6453. A communication from the Acting S. 2647. A bill to suspend temporarily the f General Counsel, Office of General Counsel, duty on certain acrylic fiber tow imported in Department of Defense, transmitting the re- the form of 6 sub-bundles; to the Committee ADDITIONAL COSPONSORS port of proposed legislation relative to on Finance. S. 351 amending Section 1206 of the National De- By Mr. THOMAS (for himself and Mr. fense Authorization Act for Fiscal Year 2006; ENZI): At the request of Mr. KENNEDY, the to the Committee on Armed Services. S. 2648. A bill to suspend temporarily the name of the Senator from South Da- f duty on certain acrylic fiber tow; to the kota (Mr. JOHNSON) was added as a co- Committee on Finance. sponsor of S. 351, a bill to amend title INTRODUCTION OF BILLS AND By Mrs. BOXER (for herself, Mr. JOINT RESOLUTIONS XVIII of the Social Security Act to WYDEN, and Mrs. FEINSTEIN): provide for patient protection by lim- S. 2649. A bill to direct the Secretary of The following bills and joint resolu- iting the number of mandatory over- tions were introduced, read the first Commerce to provide emergency disaster as- sistance to mitigate the economic losses time hours a nurse may be required to and second times by unanimous con- caused by the declining Klamath River salm- work in certain providers of services to sent, and referred as indicated: on and to develop and implement a research which payments are made under the By Ms. STABENOW: and recovery plan for Klamath River salmon, Medicare Program. S. 2636. A bill to provide an immediate Fed- and for other purposes; to the Committee on S. 440 eral income tax rebate to help taxpayers Commerce, Science, and Transportation. with higher fuel costs, and for other pur- By Mr. DEMINT (for himself and Mr. At the request of Mr. BUNNING, the poses; to the Committee on Finance. GRAHAM): name of the Senator from Arkansas By Mr. FRIST (for himself and Mr. S. 2650. A bill to designate the Federal (Mrs. LINCOLN) was added as a cospon- ALEXANDER): courthouse to be constructed in Greenville, sor of S. 440, a bill to amend title XIX S. 2637. A bill to suspend temporarily the South Carolina, as the ‘‘Carroll A. Campbell, of the Social Security Act to include duty on 1, 4-Benzoquinone; to the Committee Jr. Federal Courthouse.’’; to the Committee podiatrists as physicians for purposes on Finance. on Environment and Public Works. By Mr. FRIST (for himself and Mr. By Mr. MENENDEZ (for himself and of covering physicians services under ALEXANDER): Mr. DEWINE): the medicaid program. S. 2638. A bill to suspend temporarily the S. 2651. A bill to authorize the Secretary of S. 633 duty on 2-Methylhydroquinone; to the Com- Education to make grants to educational or- At the request of Mr. JOHNSON, the mittee on Finance. ganizations to carry out educational pro- name of the Senator from Kansas (Mr. By Mr. FRIST (for himself and Mr. grams about the Holocaust; to the Com- ROBERTS) was added as a cosponsor of ALEXANDER): mittee on Health, Education, Labor, and S. 2639. A bill to suspend temporarily the Pensions. S. 633, a bill to require the Secretary of duty on o-Anisidine; to the Committee on Fi- By Mr. LEVIN (for himself, Ms. COL- the Treasury to mint coins in com- nance. LINS, and Mr. REED): memoration of veterans who became

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3507 disabled for life while serving in the and Human Services to expand and in- NELSON) was added as a cosponsor of S. Armed Forces of the United States. tensify programs with respect to re- 2251, a bill to amend the Energy Policy S. 713 search and related activities con- Act of 2005 to repeal the ultra-deep- At the request of Mr. ROBERTS, the cerning elder falls. water and unconventional onshore nat- name of the Senator from Delaware S. 1801 ural gas and other petroleum research (Mr. CARPER) was added as a cosponsor At the request of Mr. REED, the name and development program. of S. 713, a bill to amend the Internal of the Senator from Illinois (Mr. DUR- S. 2321 Revenue Code of 1986 to provide for col- BIN) was added as a cosponsor of S. 1801, At the request of Mr. SANTORUM, the legiate housing and infrastructure a bill to amend the McKinney-Vento names of the Senator from Missouri grants. Homeless Assistance Act to reauthor- (Mr. BOND) and the Senator from South ize the Act, and for other purposes. S. 908 Carolina (Mr. GRAHAM) were added as S. 1906 At the request of Mr. MCCONNELL, cosponsors of S. 2321, a bill to require At the request of Mr. DEWINE, his the name of the Senator from Okla- the Secretary of the Treasury to mint name was added as a cosponsor of S. homa (Mr. INHOFE) was added as a co- coins in commemoration of Louis 1906, a bill to amend the Internal Rev- sponsor of S. 908, a bill to allow Con- Braille. enue Code of 1986 to exclude property gress, State legislatures, and regu- S. 2370 tax rebates and other benefits provided latory agencies to determine appro- to volunteer firefighters, search and At the request of Mr. MCCONNELL, priate laws, rules, and regulations to rescue personnel, and emergency med- the names of the Senator from Massa- address the problems of weight gain, ical responders from income and em- chusetts (Mr. KENNEDY), the Senator obesity, and health conditions associ- ployment taxes and wage withholding. from Pennsylvania (Mr. SPECTER), the ated with weight gain or obesity. Senator from New Mexico (Mr. BINGA- S. 1998 S. 912 MAN) and the Senator from Alaska (Mr. At the request of Mr. CONRAD, the At the request of Mr. FEINGOLD, the name of the Senator from West Vir- STEVENS) were added as cosponsors of name of the Senator from Oregon (Mr. ginia (Mr. BYRD) was added as a co- S. 2370, a bill to promote the develop- WYDEN) was added as a cosponsor of S. sponsor of S. 1998, a bill to amend title ment of democratic institutions in 912, a bill to amend the Federal Water 18, United States Code, to enhance pro- areas under the administrative control Pollution Control Act to clarify the ju- tections relating to the reputation and of the Palestinian Authority, and for risdiction of the United States over meaning of the Medal of Honor and other purposes. waters of the United States. other military decorations and awards, S. 2399 S. 914 and for other purposes. At the request of Mr. CARPER, the At the request of Mr. ALLARD, the S. 2010 name of the Senator from Vermont names of the Senator from Washington At the request of Mr. HATCH, the (Mr. JEFFORDS) was added as a cospon- (Mrs. MURRAY) and the Senator from name of the Senator from Connecticut sor of S. 2399, a bill to prohibit termi- New Jersey (Mr. LAUTENBERG) were (Mr. LIEBERMAN) was added as a co- nation of employment of volunteers added as cosponsors of S. 914, a bill to sponsor of S. 2010, a bill to amend the firefighters and emergency medical amend the Public Health Service Act Social Security Act to enhance the So- personnel responding to emergencies, to establish a competitive grant pro- cial Security of the Nation by ensuring and for other purposes. gram to build capacity in veterinary adequate public-private infrastructure S. 2409 medical education and expand the and to resolve to prevent, detect, treat, At the request of Mr. SMITH, the workforce of veterinarians engaged in intervene in, and prosecute elder abuse, name of the Senator from Ohio (Mr. public health practice and biomedical neglect, and exploitation, and for other DEWINE) was added as a cosponsor of S. research. purposes. 2409, a bill to amend title XVIII of the S. 1086 S. 2076 Social Security Act to reduce cost- At the request of Mr. HATCH, the At the request of Mr. HATCH, the sharing under part D of such title for names of the Senator from Oklahoma name of the Senator from Michigan certain non-institutionalized full-ben- (Mr. INHOFE) and the Senator from Ar- (Ms. STABENOW) was added as a cospon- efit dual eligible individuals. kansas (Mrs. LINCOLN) were added as sor of S. 2076, a bill to amend title 5, S. 2414 United States Code, to provide to as- cosponsors of S. 1086, a bill to improve At the request of Mr. BAYH, the name sistant United States attorneys the the national program to register and of the Senator from California (Mrs. same retirement benefits as are af- monitor individuals who commit FEINSTEIN) was added as a cosponsor of forded to Federal law enforcement offi- crimes against children or sex offenses. S. 2414, a bill to amend the Internal cers. S. 1440 Revenue Code of 1986 to require broker S. 2140 At the request of Mr. CRAPO, the reporting of customer’s basis in securi- At the request of Mr. HATCH, the names of the Senator from Kansas (Mr. ties transactions, and for other pur- name of the Senator from South Caro- ROBERTS), the Senator from New York poses. lina (Mr. DEMINT) was added as a co- (Mrs. CLINTON) and the Senator from sponsor of S. 2140, a bill to enhance S. 2422 New Jersey (Mr. MENENDEZ) were added protection of children from sexual ex- At the request of Ms. LANDRIEU, her as cosponsors of S. 1440, a bill to amend ploitation by strengthening section name was added as a cosponsor of S. title XVIII of the Social Security Act 2257 of title 18, United States Code, re- 2422, a bill to establish a Conservation to provide coverage for cardiac reha- quiring producers of sexually explicit and Habitat Restoration Fund and to bilitation and pulmonary rehabilita- material to keep and permit inspection require the Secretary of Commerce to tion services. of records regarding the age of per- provide grants to States for coastal S. 1515 formers, and for other purposes. zone management, coastal wetlands At the request of Mr. INOUYE, the S. 2181 conservation, coastal land protection, name of the Senator from South Da- At the request of Mr. LAUTENBERG, and fisheries habitat restoration, and kota (Mr. JOHNSON) was added as a co- the name of the Senator from Massa- to improve understanding of coastal sponsor of S. 1515, a bill to amend title chusetts (Mr. KERRY) was added as a areas, and for other purposes. XIX of the Social Security Act to im- cosponsor of S. 2181, a bill to amend S. 2487 prove access to advanced practice title XIX of the Social Security Act to At the request of Mr. CRAIG, the nurses and physician assistants under provide for an offset from the Medicaid name of the Senator from Oregon (Mr. the Medicaid Program. clawback for State prescription drug SMITH) was added as a cosponsor of S. S. 1531 expenditures for covered part D drugs 2487, a bill to ensure an abundant and At the request of Mr. ENZI, the name for Medicare beneficiaries. affordable supply of highly nutritious of the Senator from Illinois (Mr. DUR- S. 2251 fruits, vegetables, and other specialty BIN) was added as a cosponsor of S. 1531, At the request of Mr. WYDEN, the crops for American consumers and a bill to direct the Secretary of Health name of the Senator from Florida (Mr. international markets by enhancing

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3508 CONGRESSIONAL RECORD — SENATE April 25, 2006 the competitiveness of United States- freedom to choose to bear a child or grams. The bill I am introducing today, grown specialty crops. terminate a pregnancy, and for other along with Senators SMITH, BAUCUS, S. 2493 purposes. CANTWELL, INOUYE, JOHNSON, FEIN- At the request of Mr. LAUTENBERG, S. 2617 STEIN, FEINGOLD, MURRAY, and SALA- the name of the Senator from Massa- At the request of Mr. LAUTENBERG, ZAR, would simply ensure that tribes chusetts (Mr. KERRY) was added as a the name of the Senator from North are able to apply for these funds and cosponsor of S. 2493, a bill to provide Dakota (Mr. DORGAN) was added as a give Native American communities the for disclosure of fire safety standards cosponsor of S. 2617, a bill to amend resources they need to fight scourge of and measures with respect to campus title 10, United States Code, to limit methamphetamine use. buildings, and for other purposes. increases in the costs to retired mem- The recently-enacted Combat Meth- amphetamine Epidemic Act of 2005 au- S. 2548 bers of the Armed Forces of health care thorized new funding for three grant At the request of Mr. STEVENS, the services under the TRICARE program, programs. The Act authorized $99 mil- name of the Senator from Kansas (Mr. and for other purposes. lion in new funding for the COPS Hot ROBERTS) was added as a cosponsor of S. RES. 182 Spots program, which helps local law S. 2548, a bill to amend the Robert T. At the request of Mr. BUNNING, his enforcement agencies obtain the tools Stafford Disaster Relief and Emer- name was added as a cosponsor of S. they need reduce the production, dis- gency Assistance Act to ensure that Res. 182, a resolution supporting efforts tribution, and use of meth. Funding State and local emergency prepared- to increase childhood cancer aware- may also be used to clean up meth labs, ness operational plans address the ness, treatment, and research. support health and environmental needs of individuals with household S. RES. 313 agencies, and to purchase equipment pets and service animals following a At the request of Ms. CANTWELL, the and support systems. major disaster or emergency. names of the Senator from West Vir- The Act also authorized $20 million S. 2556 ginia (Mr. ROCKEFELLER) and the Sen- for a Drug-Endangered Children grant At the request of Mr. BAYH, the ator from North Dakota (Mr. CONRAD) program to provide comprehensive names of the Senator from Vermont were added as cosponsors of S. Res. 313, services to assist children who live in a (Mr. LEAHY) and the Senator from a resolution expressing the sense of the home in which meth has been used, Michigan (Ms. STABENOW) were added Senate that a National Methamphet- manufactured, or sold. Under this pro- as cosponsors of S. 2556, a bill to amend amine Prevention Week should be es- gram, law enforcement agencies, pros- title 11, United States Code, with re- tablished to increase awareness of ecutors, child protective services, so- spect to reform of executive compensa- methamphetamine and to educate the cial services, and health care services, tion in corporate bankruptcies. public on ways to help prevent the use work together to ensure that these S. 2557 of that damaging narcotic. children get the help they need. At the request of Mr. SPECTER, the S. RES. 409 In addition, the Combat Meth Act au- name of the Senator from Connecticut At the request of Mr. NELSON of Flor- thorized grants to be made to address (Mr. LIEBERMAN) was added as a co- ida, the names of the Senator from the use of meth among pregnant and sponsor of S. 2557, a bill to improve Minnesota (Mr. COLEMAN) and the Sen- parenting women offenders. The Preg- competition in the oil and gas indus- ator from Massachusetts (Mr. KEN- nant and Parenting Offenders program try, to strengthen antitrust enforce- NEDY) were added as cosponsors of S. is aimed at facilitating collaboration ment with regard to industry mergers, Res. 409, a resolution supporting de- between the criminal justice, child wel- and for other purposes. mocracy, development, and stabiliza- fare, and State substance abuse sys- S. 2562 tion in Haiti. tems in order to reduce the use of At the request of Mr. CRAIG, the S. RES. 439 drugs by pregnant women and those names of the Senator from Idaho (Mr. At the request of Mr. DODD, the with dependent children. CRAPO) and the Senator from Texas names of the Senator from Ohio (Mr. Although tribes are eligible appli- (Mrs. HUTCHISON) were added as cospon- DEWINE) and the Senator from Arkan- cants under the Pregnant and Par- sors of S. 2562, a bill to increase, effec- sas (Mr. PRYOR) were added as cospon- enting Offenders program, they were tive as of December 1, 2006, the rates of sors of S. Res. 439, a resolution desig- not included as eligible applicants compensation for veterans with serv- nating the third week of April 2006 as under either the Hot Spots program or ice-connected disabilities and the rates ‘‘National Shaken Baby Syndrome the Drug-Endangered Children pro- of dependency and indemnity com- Awareness Week’’. gram. I see no reason why tribes should not be able to access all of these funds. pensation for the survivors of certain f disabled veterans. Meth use has had a devastating im- STATEMENTS ON INTRODUCED pact in communities throughout the S. 2563 BILLS AND JOINT RESOLUTIONS country, and Indian Country is no ex- At the request of Mr. COCHRAN, the ception. Last month there was an arti- names of the Senator from Hawaii (Mr. cle in the Gallup Independent news- INOUYE), the Senator from North Caro- By Mr. BINGAMAN (for himself, paper about a Navajo grandmother, her lina (Mrs. DOLE), the Senator from Mr. SMITH, Mr. BAUCUS, Mr. daughter, and granddaughter, who were Kansas (Mr. ROBERTS) and the Senator JOHNSON, Mrs. FEINSTEIN, Mr. all arrested for selling meth. There was from North Carolina (Mr. BURR) were FEINGOLD, Mrs. MURRAY, Mr. also a one-year-old child in the home added as cosponsors of S. 2563, a bill to SALAZAR, Ms. CANTWELL, and when police executed the arrest war- amend title XVIII of the Social Secu- Mr. INOUYE): rant. It is absolutely disheartening to rity Act to require prompt payment to S. 2643. A bill to amend the Omnibus hear about cases such as this, with pharmacies under part D, to restrict Crime Control and Safe Streets Act of three generations of a family destroyed pharmacy co-branding on prescription 1968 to clarify that Indian tribes are el- by meth. drug cards issued under such part, and igible to receive grants for confronting I strongly believe that we need to do to provide guidelines for Medication the use of methamphetamine; to the everything we can to assist commu- Therapy Management Services pro- Committee on the Judiciary. nities as they struggle to deal with the grams offered by prescription drug Mr. BINGAMAN. Mr. President, I rise consequences of meth, and ensuring plans and MA–PD plans under such today to introduce the Native Amer- that Native American communities are part. ican Meth Enforcement and Treatment able to access these funds is an impor- S. 2593 Act of 2006. tant first step. I hope my colleagues At the request of Mrs. BOXER, the Unfortunately, when Congress passed will join me in supporting this impor- name of the Senator from Maryland the Combat Methamphetamine Epi- tant measure. (Mr. SARBANES) was added as a cospon- demic Act, tribes were unintentionally sor of S. 2593, a bill to protect, con- left out as eligible applicants in some By Mrs. FEINSTEIN (for herself, sistent with Roe v. Wade, a woman’s of the newly-authorized grant pro- Mr. GRAHAM, and Mr. FRIST):

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3509 S. 2644. A bill to harmonize rate set- tened to by an audience. However, device to move these programs so that ting standards for copyright licenses many new services using the new dig- all programs of the same genre are under sections 112 and 114 of title 17, ital transmissions and new techno- back to back. United States Code, and for other pur- logical devices have allowed consumers What a listener cannot do is set a re- poses; to the Committee on the Judici- to also record, manipulate, and collect cording device to find all the Frank Si- ary. individual music play-lists off their natra songs being played on the radio- Mrs. FEINSTEIN. Mr. President, radio-like services. service and only record those songs. By today I am pleased to introduce the Thus, what was once a passive listen- making these distinctions this bill sup- Platform Equality and Remedies for ing experience has turned into a forum ports new business models and tech- Rights-holders in Music Act, or the where consumers can record, manipu- nologies without harming the song- PERFORM Act, along with Senators late, reprogram and save songs to cre- writers and performers in the process. GRAHAM and FRIST. ate their own personalized playlists. Unfortunately, anytime legislation is The need to protect creative works As the modes of distribution change introduced there is a lot of misin- has been an important principle recog- and the technologies change, so must formation about what it does. Often nized in our country since its incep- our laws change. The government criticisms are lobbed without review- tion. granted a compulsory license for radio- ing the actual text of the bill. So, let The founding fathers accurately un- like services by Internet, cable, and me be clear about some of the concerns derstood the importance of intellectual satellite providers in order to encour- I have heard. property by including protective lan- age competition and new products. The bill would not apply to over-the- guage in our Constitution, and in doing However, as new innovations alter air broadcasting. Terrestrial radio, i.e. so they established a principle that their services from a performance to a traditional radio distributed by the would stand the test of time. distribution the law must respond. broadcasters is not covered under this However, they could not have pre- In addition, as the changing tech- bill. This legislation only covers busi- dicted that the path of innovation nology evolves, the distinctions be- nesses that are under the 114 license— would eventually produce the amazing tween the services become less and Internet, cable, and satellite. new technologies that we now take for less, and the differences in how they The only application to broadcasters granted. are treated under the statutory license would be if they were to act as While many of us still enjoy tradi- make less sense. webcasters and simulcast their pro- tional analog radio, this, too, is rapidly Therefore I am introducing a bill grams over the Internet, in which case changing. We now have music radio that will begin to fix the inequities they would be treated the same as all programs provided over the Internet, currently in the statute and open the other Internet radio providers. cable, and satellites. Even traditional door to further debate about additional The bill would not inhibit techno- radio is changing with the advent of issues that need to be addressed. logical advances. It would place limits new digital radio. The bill I am introducing today with on the types of recording devices cable, With the entry into the marketplace Senators GRAHAM and FRIST would: Internet and satellite providers may of these new music providers con- create rate parity—all companies cov- offer, IF they want to enjoy the benefit sumers are receiving the songs and art- ered by the government license created of a government license. ists they enjoy in new and innovative in Section 114 would be required to pay If, however, a company wants to offer ways. a fair market value for use of music li- new technologies that allow for manip- Yet, as these new business models braries rather than having different ulation of music so that a consumer and technologies are developed we rate standards apply based on what me- may create their own music libraries, must ensure that the artists and musi- dium is being used to transmit the similar to a downloading service, they cians who create and perform the music; and establish content protec- may. There is nothing in this bill pro- music continue to be fairly com- tion—all companies would be required hibiting the use or creation of new pensated for their works. Unfortunately, some of the new inno- to use reasonably available, techno- technologies the company would sim- vations have been used to supplant logically feasible, and economically ply lose the benefit of a government li- music sales and avoid fair compensa- reasonable means to prevent music cense. tion to the songwriters and performers. theft. In addition, a company may not The bill simply states that if a com- From 1999 to 2004, total music sales provide a recording device to a cus- pany wants to change its service from have declined by 30 percent. Over the tomer that would allow him or her to a performance to a distribution then same period, CD sales declined 18 per- create their own personalized music li- they no longer are covered by the gov- cent. The decline continued in 2005 as brary that can be manipulated and ernment license and must go to the total album sales fell 7.2 percent year- maintained without paying a reproduc- record companies directly to negotiate over-year. tion royalty. a licensing agreement through the Some of this decline is due to out- This does not mean such devices can- market. dated business models and competition not be made or distributed. It simply The bill would not be discriminatory. from other entertainment products, means that the business must nego- Some argue that changing the rates or some due to illegal actions and piracy, tiate the payment for the music establishing content protection is dis- and some is due to outdated music li- through the market rather than under criminatory. However, under current censing laws. the statutory license. law some businesses are required to I believe our laws must strike the The bill also contains language to pay higher licensing rates than others proper balance between fostering new make sure that consumers’ current re- even though they provide essentially business models and technology and cording habits are not inhibited. There- the same services. protecting the property rights of the fore, any recording the consumer In addition, if a new satellite com- artists whose music is being broadcast. chooses to do manually will still be al- pany were to be formed today they I strongly support advancements in lowed. In addition, if the device allows would be required to pay a higher rate technology and I encourage ingenuity. the consumer to manipulate music by than the current two companies in the The birth of the digital music place has program, channel, or time period that market—that is not fair. Instead this been a boon for businesses and con- would still be allowable under the stat- bill would establish the same rates and sumers. It is important that these new utory license. protections for all companies. forums succeed and grow. For example, if a listener chooses to The argument that this bill is dis- However, these new technologies and automatically record a news station criminatory ignores the inequities of business models have become so ad- every morning at 9:00; a jazz station current law as it applies to Internet, vanced that the clear lines between a every afternoon at 2:00; a blues station cable, old and new satellite providers listening service and a reproduction every Friday at 3:00; and a talk radio and instead focuses on the differences and copying service has been blurred. show every Saturday at 4:00; that between these new radio providers Historically, a radio service simply would be allowable. In addition, that versus terrestrial or traditional over- allowed music to be performed and lis- listener could then use their recording the-air radio.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3510 CONGRESSIONAL RECORD — SENATE April 25, 2006 The argument is that there are al- that we could include new language SECTION 1. SHORT TITLE. ready devices available and new tech- this in the bill. This Act may be cited as the ‘‘Platform nologies that allow consumers to cap- However, after two weeks and hours Equality and Remedies for Rights Holders in ture and manipulate music being and hours of negotiations the parties Music Act of 2006’’ or the ‘‘Perform Act of 2006’’. played by over-the-air broadcasters. were so far apart that a solution could Yet this bill does not apply to broad- not be reached. Despite this, I still be- SEC. 2. RATE SETTING STANDARDS. (a) SECTION 112 LICENSES.—Section 112(e)(4) casters and instead only applies to lieve this is an important issue that of title 17, United States Code, is amended in Internet, cable and satellite. must be addressed. the third sentence by striking ‘‘fees that The conclusion being that by not Therefore, I put a placeholder in the would have been negotiated in the market- covering broadcasters we are giving bill that calls for the copyright office place between a willing buyer and a willing them a free pass and being unfair to to make recommendations to Congress, seller’’ and inserting ‘‘the fair market value the new businesses. but I am hopeful that through the of the rights licensed under this subsection’’. While the obvious argument is that process of moving this bill through the (b) SECTION 114 LICENSES.—Section 114(f) of the Judiciary Committee does not have Senate we can develop a solution soon- title 17, United States Code, is amended— jurisdiction to regulate over-the-air er rather than later. (1) by striking paragraph (1); (2) by redesignating paragraphs (2), (3), (4), broadcasters, I think it is important to I am hopeful that the parties will and (5) as paragraphs (1), (2), (3), and (4), re- acknowledge that the Commerce Com- again meet and try to develop a com- spectively; and mittee is actively looking into this promise, however, if that does not (3) in paragraph (1) (as redesignated under issue right now. In addition, I am occur I may try to work with my col- this subsection)— aware that there are active negotia- leagues to develop a legislative solu- (A) in subparagraph (A), by striking all tions occurring between broadcasters tion independently. after ‘‘Proceedings’’ and inserting ‘‘under and the record labels to develop similar Finally, some have raised concerns chapter 8 shall determine reasonable rates protections for their services. that applying content protection to all and terms of royalty payments for trans- providers is unfair. They argue that if missions during 5-year periods beginning on Thus, while some may be frustrated January 1 of the second year following the that jurisdiction may lie in different there is no connection between the dis- year in which the proceedings are to be com- committees, efforts are on-going in tributor of the music and the tech- menced, except where a different transi- each to address these issues. I do not nology provider that allows for copying tional period is provided under section 6(b)(3) believe we, in the Judiciary Com- and manipulating of performances then of the Copyright Royalty and Distribution mittee, should wait and do nothing to they should not be required to protect Reform Act of 2004, or such other period as protect artists and songwriters simply the music that they broadcast. the parties may agree.’’; because the Commerce Committee has In general, I do not agree. We know (B) in subparagraph (B)— that there are websites out there now (i) in the first sentence, by striking ‘‘af- not yet moved legislation to deal with fected by this paragraph’’ and inserting the same concern for terrestrial radio. that provide so-called stream-ripping ‘‘under this section’’; Having said that, let me be clear, services that allow an individual to (ii) in the second sentence, by striking ‘‘el- this is the beginning of a process to ad- steal music off an Internet webcast. It igible nonsubscription transmission’’; and dress a very specific problem. I believe is not enough to turn a blind eye to (iii) in the third sentence— that as the process unfolds there will this type of piracy and do nothing sim- (I) by striking ‘‘eligible nonsubscription be additional improvements or other ply because there is no formal connec- services and new subscription’’; and issues that may need to be added. tion between the businesses. (II) by striking ‘‘rates and terms that Already, some have raised questions At the same time, I am sympathetic would have been negotiated in the market- to the concerns that if the type of tech- place between a willing buyer and a willing about language in the bill and addi- seller’’ and inserting ‘‘the fair market value tional modifications to Section 114 nology a company uses is inadequate or of the rights licensed under this section’’; that I believe should be looked at more ineffective, through no fault of their (iv) in the fourth sentence, by striking closely. own, they can be saddled with huge ‘‘base its’’ and inserting ‘‘base their’’; I understand there is some concern mandatory penalties. I am willing to (v) in clause (i), by striking ‘‘and’’ after about what fair market value means, look at this issue more closely and see the semicolon; especially under a government licens- if there is some way to address this (vi) in clause (ii), by striking the period ing scheme where there is not an ac- concern and find a compromise solu- and inserting ‘‘; and’’; tion. (vii) by inserting after clause (ii) the fol- tual competitive market. I think it lowing: makes sense to look into this issue and As I have said, this is the beginning ‘‘(iii) the degree to which reasonable re- see if there is a definition that can be of the process. I think this legislation cording affects the potential market for developed. is a good step forward in addressing a sound recordings, and the additional fees In doing this, I believe we should real problem that is occurring in the that are required to be paid by services for look at all the different models that music industry. compensation.’’; and have been used. We should look at what Changes or additions may be nec- (viii) in the matter following clause (ii), by the courts have held, what the copy- essary as the bill moves forward, but I striking ‘‘described in subparagraph (A)’’; right office has used, what a real com- believe to wait and do nothing does a and (C) by striking subparagraph (C) and in- petitive market would entail, as well disservice to all involved. serting the following: as other factors that may not have Music is an invaluable part of all of ‘‘(C) The procedures under subparagraphs been considered. our lives. The new technologies and (A) and (B) shall also be initiated pursuant The bill as introduced does not ad- changing delivery systems provide ex- to a petition filed by any copyright owners dress the other conditions applied to citing new options for all consumers. of sound recordings or any transmitting en- Internet, cable, and satellite services As we continue to move forward into tity indicating that a new type of service on in order for them to get the benefit of new frontiers we must ensure that our which sound recordings are performed is or is the statutory license. The one that I laws can stand the test of time. about to become operational, for the purpose I look forward to working with my of determining reasonable terms and rates of am most concerned with is inter- royalty payments with respect to such new activity. colleagues to pass this legislation. type of service for the period beginning with I think there is real confusion about I ask unanimous consent that the the inception of such new type of service and what is and what is not allowed under text of the bill be printed in the ending on the date on which the royalty the current statute. How much person- RECORD along with letters of support rates and terms for preexisting subscription alization and customization may these for the legislation. digital audio transmission services, eligible new services offer? There being no objection, the mate- nonsubscription services, or new subscrip- Currently licensing rates are higher rial was ordered to be printed in the tion services, as the case may be, most re- for interactive services. However, there RECORD, as follows: cently determined under subparagraph (A) or (B) and chapter 8 expire, or such other period are clear disagreements as to what con- S. 2644 as the parties may agree.’’. stitutes an interactive service. Be it enacted by the Senate and House of Rep- (c) CONTENT PROTECTION.—Section 114(d)(2) I tried to have the parties meet to resentatives of the United States of America in of title 17, United States Code, is amended— negotiate a solution to this issue so Congress assembled, (1) in subparagraph (A)—

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3511 (A) in clause (ii), by striking ‘‘and’’ after manner that is not an infringement of copy- today hailed the introduction of new legisla- the semicolon; right.’’. tion to level the playing field for digital (B) in clause (iii), by adding ‘‘and’’ after (e) TECHNICAL AND CONFORMING AMEND- radio as a major step forward in the music the semicolon; and MENTS.— industry’s drive for parity among digital (C) by adding after clause (iii) the fol- (1) SECTION 114.—Section 114(f) of title 17, music services. The bill—introduced today lowing: United States Code (as amended by sub- by Sens. DIANNE FEINSTEIN (D-CA) and ‘‘(iv) the transmitting entity takes no af- section (b) of this section), is further amend- LINDSEY GRAHAM (R-SC)—would reform the firmative steps to authorize, enable, cause or ed— appropriate section of copyright law to as- induce the making of a copy or phonorecord (A) in paragraph (1)(B), in the first sen- sure satellite services play by the same rules by or for the transmission recipient and uses tence, by striking ‘‘paragraph (3)’’ and in- as Internet music services—both in rate set- technology that is reasonably available, serting ‘‘paragraph (2)’’; and ting and content protection standards. technologically feasible, and economically (B) in paragraph (4)(C), by striking ‘‘under ‘‘There is a critical need for the govern- reasonable to prevent the making of copies paragraph (4)’’ and inserting ‘‘under para- ment to harmonize the current protections or phonorecords embodying the transmission graph (3)’’. and rate regimes that make for the hap- in whole or in part, except for reasonable re- (2) SECTION 804.—Section 804(b)(3)(C) of title hazard patchwork covering digital music cording as defined in this subsection;’’; 17, United States Code, is amended— services today,’’ said RIAA Chairman and (2) in subparagraph (C)— (A) in clause (i), by striking ‘‘and CEO Mitch Bainwol. ‘‘This patchwork is al- (A) by striking clause (vi); and 114(f)(2)(C)’’; and lowing satellite radio to morph into some- (B) by redesignating clauses (vii) through (B) in clause (iv), by striking ‘‘or thing altogether different—a digital dis- (ix) as clauses (vi) through (viii), respec- 114(f)(2)(C), as the case may be’’. tribution service—with the creators of music tively; and SEC. 3. REGISTER OF COPYRIGHTS MEETING AND left in the lurch. This legislation seeks to (3) by adding at the end the following: REPORT. right that wrong and ensure a marketplace ‘‘For purposes of subparagraph (A)(iv), the (a) MEETING.—Not later than 60 days after where fair competition can thrive. We’re ex- mere offering of a transmission and accom- the Copyright Royalty Board’s final deter- tremely grateful for the leadership of Sen- panying metadata does not in itself author- mination in Docket No. 2005–1 CRB DTRA, ators FEINSTEIN and GRAHAM. This bill moves ize, enable, cause, or induce the making of a the Register of Copyrights shall convene a us far closer to achieving the platform parity meeting among affected parties to discuss phonorecord. Nothing shall preclude or pre- that is so key to the health of the music in- whether to recommend creating a new cat- vent a performing rights society or a me- dustry in years to come.’’ egory of limited interactive services, includ- chanical rights organization, or any entity The digital music marketplace is under- ing an appropriate premium rate for such owned in whole or in part by, or acting on going a convergence across all platforms—a services, within the statutory license con- convergence creating arbitrary advantages behalf of, such organizations or entities, tained in section 114 of title 17, United from monitoring public performances or for certain services over others at the ex- States Code. pense of creators. While offering great oppor- other uses of copyrighted works contained in (b) REPORT.—Not later than 90 days after tunities for the music community, satellite such transmissions. Any such organization the convening of the meeting under sub- or entity shall be granted a license on either section (a), the Register of Copyrights shall broadcasters and music fans, the conver- a gratuitous basis or for a de minimus fee to submit a report on the discussions at that gence of radio-like services and downloading cover only the reasonable costs to the licen- meeting to the Committee on the Judiciary capability requires changes in the law to sor of providing the license, and on reason- of the Senate and the Committee on the Ju- protect against a satellite company trans- able, nondiscriminatory terms, to access and diciary of the House of Representatives. forming its model into a download service retransmit as necessary any content con- without the appropriate license. tained in such transmissions protected by NATIONAL MUSIC PUBLISHERS’ ASSOCIATION The RIAA and others in the music commu- content protection or similar technologies, if WELCOMES INTRODUCTION OF THE PERFORM nity have made it clear that satellite radio such licenses are for purposes of carrying out ACT services should be required to obtain a li- the activities of such organizations or enti- April 25, 2006.—National Music Publishers’ cense in the marketplace to offer the capa- ties in monitoring the public performance or Association President and CEO David bility to cherry pick individual songs and other uses of copyrighted works, and such or- Israelite today released the following state- then permanently store them in a digital li- ganizations or entities employ reasonable ment regarding the Platform Equality and brary. Legislation—such as the Feinstein- methods to protect any such content Remedies for Rights-holders in Music Act, or Graham bill—is needed to ensure that sat- accessed from further distribution.’’. the ‘‘PERFORM Act,’’ new legislation to ellite services play by the same set of rules (d) DEFINITION.—Section 114(j) of title 17, protect songwriters and music publishers everyone else does and not profit from be- United States Code, is amended— while encouraging the growth of digital coming a download/subscription model with- (1) by redesignating paragraphs (10) radio: out acquiring the appropriate license and through (15) as paragraphs (11) through (16), ‘‘The National Music Publishers’ Associa- compensating artists and songwriters. respectively; and tion supports this important legislation, Because traditional terrestrial radio is not (2) by inserting after paragraph (9) the fol- which will protect music as it is transmitted covered by the government license or this lowing: over digital radio, It is crucial that Congress legislation, private market negotiations on ‘‘(10)(A) A ‘reasonable recording’ means the update antiquated copyright laws in these measures to similarly protect high-defini- making of a phonorecord embodying all or days of rapidly emerging technologies.’’ tion (HD) radio are currently in progress. ‘‘The songs we love and their creators need part of a performance licensed under this The RIAA has also praised the introduction to be protected under the law. By passing the section for private, noncommercial use of legislation by Rep. MIKE FERGUSON (R-NJ) PERFORM Act, Congress will make certain where technological measures used by the that requires users of free government spec- that songwriters, music publishers and other trum to protect content delivered through transmitting entity, and which are incor- members of the music community are com- porated into a recording device— HD radio receivers through private market pensated for their intellectual property.’’ agreements. ‘‘(i) permit automated recording or play- ‘‘Platforms like High Definition and Sat- back based on specific programs, time peri- ellite radio should be able to thrive and ex- By Mr. KERRY: ods, or channels as selected by or for the pand, but not at the expense of those who user; worked so hard to create the music that fans S. 2646. A bill to create a 3-year pilot ‘‘(ii) do not permit automated recording or crave. Ultimately, this bill will allow the program that makes small, nonprofit playback based on specific sound recordings, consumer more ways than ever to get high- child care businesses eligible for loans albums, or artists; quality digital music, while fostering an en- under title V of the Small Business In- ‘‘(iii) do not permit the separation of com- vironment that will lead to the creation of vestment Act of 1958; to the Committee ponent segments of the copyrighted material more music.’’ on Small Business and Entrepreneur- ‘‘The NMPA applauds Sen. DIANNE FEIN- contained in the transmission program ship. which results in the playback of a manipu- STEIN (D-CA) and Sen. LINDSEY GRAHAM (R- lated sequence; and SC) for their efforts on the behalf of music Mr. KERRY. Mr. President, as Con- ‘‘(iv) do not permit the redistribution, re- Publishers, songwriters and music fans ev- gress comes back in session for a five- transmission or other exporting of a phono- erywhere.’’ week work period, it is high time we record embodying all or part of a perform- put partisan bickering aside and take ance licensed under this section from the de- NEW BIPARTISAN SENATE BILL LEVELS DIG- up real issues that will improve the vice by digital outputs or removable media, ITAL MUSIC PLAYING FIELD, ASSURES SAT- lives of America’s hard-working fami- unless the destination device is part of a se- ELLITE FIRMS PLAY BY SAME RULES AS OTH- ERS lies. Today, I rise to address one such cure in-home network that also complies problem—the growing shortage of qual- with each of the requirements prescribed in MEMBERS OF MUSIC COMMUNITY HAIL BILL, this paragraph. SAYS WILL HELP ENSURE THAT ARTISTS AND ity child care for our country’s future ‘‘(B) Nothing in this paragraph shall pre- SONGWRITERS FAIRLY PAID generations. Over the past 50 years, the vent a consumer from engaging in non-auto- WASHINGTON, APRIL 25, 2006—The Recording United States has witnessed a 43 per- mated manual recording and playback in a Industry Association of America (RIAA) cent increase in the number of dual-

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3512 CONGRESSIONAL RECORD — SENATE April 25, 2006 earner and single-parent families. Fur- child care in urban area child care cen- (b) DEFINITIONS.—In this Act— thermore, the Census Bureau estimates ters is more than the average annual (1) the terms ‘‘Administration’’ and ‘‘Ad- that more than six million children are cost of public college tuition. Addition- ministrator’’ mean the Small Business Ad- left home alone on a regular basis. Na- ministration and the Administrator thereof, ally, they projected that child care can respectively; and tionwide, more households than ever easily cost between $4,000 to $10,000 per (2) the term ‘‘small business concern’’ has are struggling to make ends meet, year in cities and States across the Na- the meaning given the term in section 3 of while providing safe, nurturing envi- tion. Clearly, these high costs pose vir- the Small Business Act (15 U.S.C. 632). ronments for their children to grow up tually insurmountable hurdles for low- SEC. 2. CHILD CARE LENDING PILOT PROGRAM. in. For many, child care is not a income families in need of quality care Section 502 of the Small Business Invest- choice, but a necessity in this endeav- for their children. Although many ment Act of 1958 (15 U.S.C. 696) is amended— or. That is why we owe it to our Na- States have implemented grant and (1) in the matter preceding paragraph (1)— tion’s families to increase the avail- (A) by striking ‘‘The Administration’’ and loan programs to help these child care inserting the following: ability of quality child care—because small businesses, more must be done— ‘‘(a) AUTHORIZATION.—The Administra- strong, healthy families build a strong- not only to improve the quality of tion’’; er America. care, but also the overall supply of (B) by striking ‘‘and such loans’’ and in- As the Ranking Member on the Sen- child care facilities for the Nation’s serting ‘‘. Such loans’’; ate Committee on Small Business and neediest families. (C) by striking ‘‘: Provided, however, That Entrepreneurship, I firmly believe that I urge my colleagues to support this the foregoing powers shall be subject to the we can work with the Small Business following restrictions and limitations:’’ and important legislation and allow non- inserting a period; and Administration (SBA) to cultivate and profit child care providers to access (D) by adding at the end the following: expand existing child care facilities. In SBA 504 financing for their facilities ‘‘(b) RESTRICTIONS AND LIMITATIONS.—The light of this, I rise today to introduce and the children they serve. Funded en- authority under subsection (a) shall be sub- the Child Care Lending Pilot Act of tirely through fees, this legislation re- ject to the following restrictions and limita- 2006, which establishes a three-year quires no appropriation. Additionally, tions:’’; and (2) in paragraph (1)— pilot program enabling small, non-prof- it is consistent with the three-year (A) by inserting after ‘‘USE OF PROCEEDS.— it child care businesses to be eligible SBA reauthorization cycle. This legis- ’’ the following: for the SBA’s 504 loans. lation is the product of work on this ‘‘(A) IN GENERAL.—;’’ and With affordable fixed low interest issue in both the 107th and 108th Con- (B) by adding at the end the following: rates and long terms, 504 loans play a gresses. Similar legislation was intro- ‘‘(B) LOANS TO SMALL, NONPROFIT CHILD vital role in spurring economic devel- duced in 2002, S. 2891, however the four CARE BUSINESSES.— opment and the rebuilding of commu- year provision made this program in- ‘‘(i) IN GENERAL.—Notwithstanding sub- section (a)(1), the proceeds of any loan de- nities. Current law permits for-profit consistent with the cycle of SBA reau- child care small businesses to finance scribed in subsection (a) may be used by the thorization. To remedy this, I reintro- certified development company to assist a building repairs and expand existing fa- duced the measure in 2003 as S. 822, small, nonprofit child care business, if— cilities through these 504 loans. How- making the act a three-year pilot pro- ‘‘(I) the loan is used for a sound business ever, their non-profit counterparts are gram consistent with the cycle of reau- purpose that has been approved by the Ad- unable to access the same financing thorization. This pilot program was ministration; through the SBA. Given that the ma- also part of the larger Senate Small ‘‘(II) each such business meets all of the jority of child care centers in many Business reauthorization legislation in same eligibility requirements applicable to States across the country operate as for-profit businesses under this title, except the last Congress, S. 1375. Unfortu- for status as a for-profit business; non-profits, this system is shutting out nately, this innovative proposal to ex- ‘‘(III) 1 or more individuals has personally the lion’s share of facilities from ob- pand child care, which had bipartisan guaranteed the loan; taining necessary funds to provide support, was cut out of the final au- ‘‘(IV) each such business has clear and sin- quality care for the families they thorization package when a scaled- gular title to the collateral for the loan; and serve. The Child Care Lending Pilot back version of the reauthorization ‘‘(V) each such business has sufficient cash Act of 2006 reverses this trend. By al- legislation, without most Democratic flow from its operations to meet its obliga- tions on the loan and its normal and reason- lowing non-profit child care businesses initiatives, was added to the FY2005 to apply for 504 lending, the legislation able operating expenses. omnibus appropriations bill. ‘‘(ii) LIMITATION ON VOLUME.—Not more enables these entities to put down only Although there is no quick-fix solu- than 7 percent of the total number of loans 10 to 20 percent of the loan with a term tion for the Nation’s child care short- guaranteed in any fiscal year under this title of up to 20 years. With low, predictable age and lack of quality facilities, this may be awarded under this subparagraph. monthly payments, these non-profit bill marks an important step in the ‘‘(iii) DEFINED TERM.—For purposes of this centers can then invest in the families right direction by allowing non-profit subparagraph, the term ‘small, nonprofit they provide services to, by updating child care centers to receive SBA child care business’ means an establishment and improving their buildings and ma- loans. I hope that my colleagues on that— terials without breaking the bank or ‘‘(I) is organized in accordance with section both sides of the aisle will recognize 501(c)(3) of the Internal Revenue Code of 1986; raising fees. the vital role that early education ‘‘(II) is primarily engaged in providing Since the industry is not high-earn- plays in the development of fine minds child care for infants, toddlers, pre-school, or ing overall, a majority of child care and productive citizens, and realize pre-kindergarten children (or any combina- centers do not have an abundance of that in this great Nation, child care tion thereof), and may provide care for older easily accessible capital. Proposals should be available to all families in children when they are not in school, and that call for centers to simply charge all income brackets. The Child Care may offer pre-kindergarten educational pro- less or cut back on employees are not Lending Pilot Act of 2006 is a sound in- grams; ‘‘(III) including its affiliates, has tangible the way to make child care more af- vestment in our Nation’s future—our fordable for families and do not serve net worth that does not exceed $7,000,000, and children. has average net income (excluding any car- in the children’s best interests. An ade- I ask unanimous consent that the ryover losses) for the 2 completed fiscal quate staff is crucial in ensuring that text of the bill be printed in the years preceding the application that does not children receive proper supervision and RECORD. exceed $2,500,000; and support to foster their development There being no objection, the text of ‘‘(IV) is licensed as a child care provider by and learning. Furthermore, if centers the bill was ordered to be printed in the State, the insular area, or the District of Columbia in which it is located. are asked to decrease operating costs the RECORD, as follows: ‘‘(iv) SUNSET PROVISION.—This subpara- in order to lower costs absorbed by S. 2646 families, the safety and quality of the graph shall remain in effect until September Be it enacted by the Senate and House of Rep- 30, 2009, and shall apply to all loans author- child care provided would most likely resentatives of the United States of America in ized under this subparagraph that are ap- be in jeopardy. Congress assembled, plied for, approved, or disbursed during the In recent years, the Children’s De- SECTION 1. SHORT TITLE; DEFINITIONS. period beginning on the date of enactment of fense Fund estimated that in all but (a) SHORT TITLE.—This Act may be cited as this subparagraph and ending on September one State, the average annual cost of the ‘‘Child Care Lending Pilot Act of 2006’’. 30, 2009.’’.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3513 SEC. 3. REPORTS. information from the Administration for violence that arise from Holocaust de- (a) SMALL BUSINESS ADMINISTRATION.— that purpose. nial. It is these events that show us the (1) IN GENERAL.—Not later than 6 months (B) PROVISION OF INFORMATION TO GOVERN- importance of Holocaust education, after the date of enactment of this Act, and MENT ACCOUNTABILITY OFFICE.—The Adminis- every 6 months thereafter until September abroad and in our own Nation. tration shall provide information collected For although some States now re- 30, 2009, the Administrator shall submit a re- under this paragraph to the Comptroller port on the implementation of the program General of the United States for purposes of quire the Holocaust to be taught in under section 502(b)(1)(B) of the Small Busi- the report required by this subsection. public schools, this legislation goes ness Investment Act of 1958, as added by this SEC. 4. RULEMAKING AUTHORITY. further and makes grants available to Act, to— Not later than 120 days after the date of organizations that teach students, (A) the Committee on Small Business and enactment of this Act, the Administrator teachers, and communities the dangers Entrepreneurship of the Senate; and shall issue final rules to carry out the loan of hate and the importance of tolerance (B) the Committee on Small Business of program authorized by section 502(b)(1)(B) of in our society. This legislation would the House of Representatives. the Small Business Investment Act of 1958, give educators the appropriate re- (2) CONTENTS.—Each report under para- as added by this Act. graph (1) shall contain— sources and training to teach accurate (A) the date on which the program is im- By Mr. MENENDEZ (for himself historical information about the Holo- plemented; caust and convey the lessons that the and Mr. DEWINE): (B) the date on which the rules are issued S. 2651. A bill to authorize the Sec- Holocaust provides for all people. under section 4; and We must recognize that by remem- retary of Education to make grants to (C) the number and dollar amount of loans bering the millions who were murdered educational organizations to carry out under the program applied for, approved, and in the Holocaust, we create a sense of disbursed during the previous 6 months— educational programs about the Holo- responsibility to stop genocide wher- (i) with respect to nonprofit child care caust; to the Committee on Health, ever it takes place. But we must also businesses; and Education, Labor, and Pensions. remember that hate crimes and geno- (ii) with respect to for-profit child care Mr. MENENDEZ. Mr. President, I cide could, and are still, happening businesses. rise today to introduce the ‘‘Simon (b) GOVERNMENT ACCOUNTABILITY OFFICE.— today. Wiesenthal Holocaust Education As- (1) IN GENERAL.—Not later than March 31, We are reminded, through the deplor- 2009, the Comptroller General of the United sistance Act.’’ This important legisla- able comments made by Iranian Presi- States shall submit a report on the child tion would provide competitive grants dent Ahmadinejad against Israel and care small business loans authorized by sec- for educational organizations to make through the murder of young Ilan tion 502(b)(1)(B) of the Small Business In- Holocaust education more accessible vestment Act of 1958, as added by this Act, Halimi in France that anti-Semitism and available throughout this Nation. still exists even 65 years after the Holo- to— And I would like to thank my col- (A) the Committee on Small Business and caust. The awful acts of murder and league Senator DEWINE for cospon- Entrepreneurship of the Senate; and rape in Darfur are a horrific example of soring this legislation and my former (B) the Committee on Small Business of genocide in the 21st century. the House of Representatives. colleague in the House, Congress- And those who believe that anti-Sem- (2) CONTENTS.—The report under paragraph woman MALONEY, for her leadership on itism is an attack that need not be an- (1) shall contain information gathered during this issue. swered by those who are not Jewish do the first 2 years of the loan program, includ- This legislation could not come at a ing— not recognize the consequences of his- more important and solemn day in our tory. In fact, an attack against anyone (A) an evaluation of the timeliness of the lives. Today is Yom Hashoah, a day implementation of the loan program; simply because of race or religion is ul- (B) a description of the effectiveness and when we commemorate the approxi- timately the beginning of the unravel- ease with which certified development com- mately six million men, women and ing of civilization. It is in our common panies, lenders, and small business concerns children of Jewish faith, as well as mil- interest to raise our voices against have participated in the loan program; lions of others who were persecuted anti-Semitism and against all hatred (C) a description and assessment of how and murdered 65 years ago in a system- and discrimination. the loan program was marketed; atic, state sponsored genocide. Today, (D) by location (State, insular area, and We must fight the chorus of anti- we also honor those who stood up Semitism and fight the fear and the the District of Columbia) and in total, the against the genocide and risked their number of child care small businesses, cat- hate. As a Nation proud of our diverse egorized by status as a for-profit or nonprofit own lives to save others. heritage, we must, each of us, take a business, that— Today we stand in solidarity with stand. With our words, but most impor- (i) applied for a loan under the program Israel and the Jewish faith, and with tantly with our actions, we will turn (and whether it was a new or expanding child all people throughout the world, in re- the tide against this new wave of anti- care provider); membering these tragic events. Semitism. And funding accurate edu- (ii) were approved for a loan under the pro- And today we honor Simon cational programs on the Holocaust is gram; and Wiesenthal who dedicated his life to (iii) received a loan disbursement under a step toward winning this battle. making sure that those who per- In the words of Samantha Power, a the program (and whether they are a new or petrated the horrors of the Holocaust expanding child care provider); and renowned expert on genocide, ‘‘the (E) with respect to businesses described were brought to justice. sharpest challenge to the world of by- Sixty-five years may seem like a life- under subparagraph (D)(iii)— standers is posed by those who have re- time away, and generations may have (i) the number of such businesses in each fused to remain silent in the age of been raised thinking that the Holo- State, insular area, and the District of Co- genocide.’’ lumbia, as of the year of enactment of this caust, and events like it, is from a dis- So today, the United States of Amer- Act; tant past. But let me be clear—these (ii) the total amount loaned to such busi- ica stands with Israel and all followers events are not so distant and are not in of the Jewish faith in commemorating nesses under the program; the past. In fact, they are in our (iii) the total number of loans to such busi- Yom Hashoah, and condemning all nesses under the program; present. anti-Semitism and hatred. And I am (iv) the average loan amount and term; Just recently, Iran’s president proud to join in the stand against anti- (v) the currency rate, delinquencies, de- Mahmoud Ahmadinejad hatefully and Semitism here and around the world. faults, and losses of the loans; outrageously declared the Holocaust a I urge my colleagues to support this (vi) the number and percent of children ‘‘myth’’ and Israel a ‘‘fake regime’’ legislation. served who receive subsidized assistance; and which ‘‘cannot continue to live.’’ (vii) the number and percent of children And just two months ago, an anti-Se- By Mr. LEVIN (for himself, Ms. served who are low income. mitic gang that calls themselves ‘‘the COLLINS, and Mr. REED): (3) ACCESS TO INFORMATION.— Barbarians’’ tortured 23-year-old Ilan S.J. Res. 34. A joint resolution ex- (A) IN GENERAL.—The Administration shall collect and maintain such information as Halimi, a young Jewish man, for three pressing United States policy on Iraq; may be necessary to carry out this sub- weeks before leaving him for dead near to the Committee on Foreign Rela- section from certified development centers a train station in Paris. tions. and child care providers, and such centers It is these events that make us aware Mr. LEVIN. Mr. President, I ask and providers shall comply with a request for of the destructive messages of hate and unanimous consent that the text of the

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3514 CONGRESSIONAL RECORD — SENATE April 25, 2006 joint resolution be printed in the (2) whether the Iraqis avoid all-out civil Whereas, since February 2005, King RECORD. war and have a future as a nation is in their Gyanendra has promulgated dozens of ordi- There being no objection, the text of hands; nances without parliamentary process that the joint resolution was ordered to be (3) the Iraqis need to seize that oppor- violate basic freedoms of expression and as- tunity and only they can be responsible for sociation, including the Election Code of printed in the RECORD, as follows: their own future; and Conduct that seeks to limit media freedom S.J. RES. 34 (4) completing the formation of a govern- in covering elections and the Code of Con- Whereas there has been a strong consensus ment of national unity and subsequent duct for Social Organizations that bars staff among the senior United States military agreement to modifications to the Iraq Con- of nongovernmental organizations from hav- commanders that a broad-based political set- stitution to make it more inclusive, within ing political affiliations; tlement involving the three main Iraqi the deadlines the Iraqis have set for them- Whereas King Gyanendra ordered the ar- groups is essential for defeating the insur- selves in the Iraq Constitution, is— rest of hundreds of political workers in Janu- gency; (A) essential to defeating the insurgency ary 2006 before holding municipal elections Whereas the two parts of that political set- and avoiding all-out civil war; and on February 8, 2006, which the Department of tlement are (1) agreement on a national (B) a condition of the continued presence State characterized as ‘‘a hollow attempt by unity government that serves the interests of United States military forces in Iraq. the King to legitimize his power’’; of all Iraqis, and (2) compromises to amend Whereas the people of Nepal have been f the Iraq Constitution to make it an inclusive peacefully protesting since April 6, 2006, in document; SUBMITTED RESOLUTIONS an attempt to restore the democratic polit- Whereas such a two-part political settle- ical process; ment is also essential to prevent all-out civil Whereas on April 10, 2006, the Department war and is a critical element of our exit SENATE RESOLUTION 441—EX- of State declared that King Gyanendra’s strategy for United States military forces in February 2005 decision ‘‘to impose direct pal- PRESSING THE SUPPORT OF THE ace rule in Nepal has failed in every regard’’ Iraq; SENATE FOR THE RECONVENING Whereas the Iraqi Council of Representa- and called on the King to restore democracy tives’ approval on April 22, 2006, of the Presi- OF THE PARLIAMENT OF NEPAL immediately and to begin a dialogue with dency Council consisting of Jalal Talabani AND FOR AN IMMEDIATE PEACE- Nepal’s political parties; Whereas King Gyanendra ordered a crack- as President and two Vice Presidents, and FUL TRANSITION TO DEMOC- down on the protests, which has left at least the election of a Speaker and two Deputy RACY 14 Nepali citizens dead and hundreds injured Speakers is a significant step, as is the deci- Mr. LUGAR (for himself, Mr. BIDEN, by the security forces of Nepal; sion by the Iraqi political leadership to se- Whereas the people of Nepal are suffering lect Jawad al-Maliki as the Prime Minister and Mr. LEAHY) submitted the fol- lowing resolution; which was referred hardship due to food shortages and lack of designate; sufficient medical care because of the pre- Whereas the Council of Representatives to the Committee on Foreign Rela- vailing political crisis; still needs to consider the nomination of tions: Whereas King Gyanendra announced on Jawad al-Maliki and his still-to-be-chosen S. RES. 441 April 21, 2006, that the executive power of Cabinet, including an Interior Minister and a Whereas, in 1990, Nepal adopted a constitu- Nepal shall be returned to the people and Defense Minister, and still needs to form a tion that enshrined multi-party democracy called on the seven-party alliance to name a committee to recommend changes to the under a constitutional monarchy, ending 3 new prime minister to govern the country in Iraq Constitution; accordance with the 1990 Constitution of Whereas under the Iraq Constitution, decades of absolute monarchical rule; Whereas, since 1996, Maoist insurgents Nepal; Prime Minister designate Jawad al-Maliki Whereas the seven-party alliance subse- has 30 days from April 22, 2006, to choose and have waged a violent campaign to replace the constitutional monarchy with a com- quently rejected King Gyanendra’s April 21, present a Cabinet to the Council of Rep- 2006 statement and called on him to rein- resentatives for its approval; munist republic, which has resulted in wide- spread human rights violations by both sides state parliament and allow for the establish- Whereas under the Iraq Constitution, the ment of a constituent assembly to draw up a and the loss of an estimated 12,000 lives; Council of Representatives, at the start of new constitution; Whereas the Maoist insurgency grew out of its functioning, is required to appoint a com- Whereas on April 24, 2006, King Gyanendra mittee from its members which will have the radicalization and fragmentation of left announced that he would reinstate the Par- four months to present recommendations to wing parties following Nepal’s transition to liament of Nepal on April 28, 2006, and apolo- the Council for necessary amendments to the democracy in 1990; gized for the deaths and injuries that oc- Iraq Constitution; Whereas, on June 1, 2001, King Birendra, curred during the recent demonstrations, but Whereas while the three main Iraqi groups Queen Aishwarya and other members of the did not address the issue of constitutional have differing views about the duration of Royal family were murdered, leaving the revision; the presence in Iraq of the United States-led throne to the slain King’s brother, the cur- Whereas political party leaders have wel- Coalition forces, none of them favor the im- rent King Gyanendra; comed King Gyanendra’s April 24th an- mediate withdrawal of United States mili- Whereas, in May 2002, in the face of in- nouncement and stated that the first action tary forces from Iraq; creasing Maoist violence, Prime Minister of the reconvened parliament will be the Whereas section 1227 of the National De- Sher Bahadur Deuba dissolved the Par- scheduling of elections for a constituent as- fense Authorization Act for Fiscal Year 2006 liament of Nepal; sembly to redraft the Constitution of Nepal. (Public Law 109—163; 119 Stat. 3465; 50 U.S.C. Whereas, in October 2002, King Gyanendra Now, therefore, be it 1541 note) provides in part that ‘‘[t]he Ad- dismissed Prime Minister Deuba; Resolved, That the Senate— ministration should tell the leaders of all Whereas, in June 2004, after the unsuccess- (1) expresses its support for the recon- groups and political parties in Iraq that they ful tenures of 2 additional palace-appointed vening of the Parliament of Nepal and for an need to make the compromises necessary to prime ministers, King Gyanendra re- immediate, peaceful transition to democ- achieve the broad-based and sustainable po- appointed Prime Minister Deuba and man- racy; litical settlement that is essential for de- dated that he hold general elections by April (2) commends the desire of the people of feating the insurgency in Iraq, within the 2005; Nepal for a democratic system of govern- timetable they set for themselves’’; Whereas, on February 1, 2005, King ment and expresses its support for their Whereas the United States Ambassador to Gyanendra accused Nepali political leaders right to protest peacefully in pursuit of this Iraq, Zalmay Khalilzad, has done an excep- of failing to solve the Maoist problem, seized goal; tional job in working with Iraqi political, re- absolute control of Nepal by dismissing and (3) acknowledges the April 24, 2006 state- ligious, and tribal leaders in an effort to detaining Prime Minister Deuba and declar- ment by King Gyanendra regarding his in- achieve consensus on the prompt formation ing a state of emergency, temporarily shut tent to reinstate the Parliament of Nepal; of a national unity government; and down Nepal’s communications, detained hun- (4) urges the Palace, the political parties, Whereas the American public has become dreds of politicians and political workers, and the Maoists to immediately support a increasingly and understandably impatient and limited press and other constitutional process that returns the country to multi- with the failure of the Iraqis to form a na- freedoms; party democracy and creates the conditions tional unity government: Now, therefore, be Whereas, in November 2005, the main- for peace and stability in Nepal; it stream political parties formed a seven- (5) declares that the transition to democ- Resolved by the Senate and House of Rep- party alliance with the Maoists and agreed racy in Nepal must be peaceful and that vio- resentatives of the United States of America in to a 12 point agenda that called for a restruc- lence conducted by any party is unaccept- Congress assembled, That it is the sense of turing of the government of Nepal to include able and risks sending Nepal into a state of Congress that the Iraqi political, religious, an end to absolute monarchical rule and the anarchy; and tribal leaders should be told by the Ad- formation of an interim all-party govern- (6) calls on security forces of Nepal to exer- ministration that— ment with a view to holding elections for a cise maximum restraint and to uphold the (1) the continued presence of United States constituent assembly to rewrite the Con- highest standards of conduct in their re- military forces in Iraq is not unconditional; stitution of Nepal; sponse to the protests;

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3515 (7) urges the immediate release of all polit- (1) developing a clandestine nuclear pro- (A) closely monitor the progress of the ical detainees and the restoration of full ci- gram for 18 years prior to 2003; United Nations on reform; and vilian and political rights, including freedom (2) repeatedly deceiving the International (B) exercise the option of the President to of association, expression, and assembly; Atomic Energy Agency about a variety of withhold funding unless credible reforms are (8) urges the Maoists to lay down their nuclear-related activities; made prior to discussions on the biannual arms and to pursue their goals through par- (3) failing to provide inspectors from the budget. International Atomic Energy Agency with ticipation in a peaceful political process; and Mr. COLEMAN. Mr. President, I rise (9) calls on the Government of the United access to various nuclear sites; (4) refusing to answer questions related to States to work closely with other govern- to submit a sense-of-the Senate resolu- its nuclear program; ments, including the governments of India, tion expressing the deepest disappoint- (5) reneging on its commitments under the ment of the Senate with respect to the China, the United Kingdom, and the Euro- Paris Accords of November 2004, which in- pean Union, and with the United Nations to cluded the suspension of uranium enrich- election of Iran to a leadership position ensure a common and coherent international ment activities; and on the United Nations Disarmament approach that helps to bring about an imme- (6) announcing its success in achieving ura- Commission and request the President diate peaceful transition to democracy and nium enrichment capabilities, which rep- to withhold funding to the United Na- to end the violent insurgency in Nepal. resented a brazen affront to the inter- tions unless credible reforms are made. Mr. LUGAR. Mr. President, as Mem- national community; Whereas other actions and rhetoric by Iran A couple of observations, Mr. Presi- bers are aware, Nepal has been gripped dent. In light of the Oil-For-Food scan- by demonstrations in support of de- have perpetuated its record of terror and tyr- anny, and warranted its isolation from the dal, it was my great hope that we mocracy for the past 20 days. At least international community at the United Na- would see a movement toward reform 14 Nepali citizens have been killed in tions, including— in the United Nations. The Secretary these protests and hundreds more in- (1) continuing its calls for the annihilation General had put forth some proposed jured. The demonstrations follow 14 of Israel, which is a member state of the reforms. There was some discussion months of direct rule by King United Nations; (2) actively sponsoring terrorism through about whether the U.N. Commission on Gyanendra and February 8, 2006, mu- groups including Hezbollah, Hamas, and Is- Human Rights was going to be re- nicipal elections that the State Depart- lamic Jihad, which prompted the Depart- formed. Unfortunately, the energy was ment characterized as a ‘‘hollow at- ment of State to classify Iran as the ‘‘most there, the hope was there, and we tempt by the King to legitimize his active state sponsor of terrorism in 2004’’; seemed to be moving in the wrong di- power.’’ and rection. I am submitting today a resolution (3) continuing its efforts to destabilize neighboring countries by meddling in the af- On May 9, for the new Human Rights expressing the Senate’s support for the Council, elections will be held. It ap- reconvening of the Nepali parliament fairs of those countries, including Iraq, Israel, and Lebanon; and pears that Cuba may be appointed to and for an immediate, peaceful transi- Whereas, while Iran continues to enjoy full the new Human Rights Council. tion to a democratic political process participatory rights and privileges as a mem- The recommendations from the Sec- in the country. This resolution urges ber state of the United Nations, the overall retary General for minimum reform the King, political parties, and Maoists conduct of Iran is a direct threat to world se- are now coming under attack by some- to support a process that returns the curity and violates numerous fundamental thing called the G–77, the underlying country to multi-party democracy and principles on which the United Nations is nations, which may dismantle those. A creates the conditions for peace and based: Now, therefore, be it Resolved, That the Senate— little tremor occurred just about a stability in the country. (1) expresses its deep disappointment with week ago, and to some people it may be f respect to the failure of the Asia group mem- a little thing, but it is not. It is sym- SENATE RESOLUTION 442—EX- bers of the United Nations Disarmament Commission to stop the election of Iran as bolic of some of the things we face with PRESSING THE DEEP DIS- the United Nations. APPOINTMENT OF THE SENATE the vice chair of that body; (2) asserts that the United Nations Disar- Just recently, Iran was elected to the WITH RESPECT TO THE ELEC- mament Commission has no credibility on U.N. Disarmament Commission. Some TION OF IRAN TO A LEADERSHIP disarmament issues due to the participation may say that this is a very minor com- POSITION IN THE UNITED NA- of Iran, particularly in light of the defiance mission; it is an inactive forum; it only TIONS DISARMAMENT COMMIS- of Iran in disregarding resolutions passed by meets 3 weeks a year, the U.N. Com- SION AND REQUESTING THE the International Atomic Energy Agency mission on Disarmament. We have Iran PRESIDENT TO WITHHOLD FUND- and the Security Council Presidential State- ment relating to its nuclear program; out there thumbing its nose at the ING TO THE UNITED NATIONS international community hell-bent on UNLESS CREDIBLE REFORMS (3) calls on the United States to reject all resolutions passed by the discredited United getting a nuclear weapon. And by the ARE MADE Nations Disarmament Commission; way, they said what they are going to Mr. COLEMAN submitted the fol- (4) condemns the continued intransigence do with it. They said they want to de- lowing resolution; which was referred of Iran with respect to its— stroy Israel. That is what they said to the Committee on Foreign Rela- (A) nuclear program; they are going to do. Hitler told us tions: (B) treatment of Israel; and what he wanted to do and the world (C) sponsorship of terror; S. RES. 442 didn’t listen. God forbid there is an ex- (5) shall work to ensure that funding from Whereas the United Nations has continu- the United States is withheld from— plosion of an atomic weapon in Tel ously failed to meet minimal reform expec- (A) the regular budget of the United Na- Aviv or Haifa. They have already said tations, including those outlined in the Sep- tions in the amount that is directed towards where it is going to come from, this is tember Summit Outcome Document; the activities of the United Nations Disar- what we are going to do. Whereas the United Nations has allowed mament Commission; and member states acting in defiance of their ob- So Iran gets elected to the U.N. Com- (B) any commission of the United Nations ligations to the United Nations to enjoy full mission on Disarmament. In some ways in which the worst violators of the principles participatory rights and leadership positions it doesn’t make sense. In some ways it it claims to promote are included in its in all bodies of the United Nations; is absurd, but it does require comment. membership, including the new Human Whereas the mandate of the charter of the It does require a response. It does re- United Nations that protects international Rights Council; (6) calls on the United Nations to deny Iran quire folks to say: I don’t care whether peace and security is significantly hindered it meets 3 weeks a year or 1 week a by the placement of pariah states in leader- from participating in any commission of the ship positions within various commissions; United Nations until it— year or 50 weeks a year. This is some- Whereas the credibility of the United Na- (A) complies with its obligations under the thing that highlights the absurdity of tions has been further crippled by the fact Non-Proliferation Treaty and International what is happening today in this inter- that Iran was elected to serve as the vice Atomic Energy Agency resolutions; national body. chair of the Asia regional group of the (B) halts— It is interesting that, as expected, United Nations Disarmament Commission; (i) all uranium enrichment activities; and Iran is already making efforts to con- Whereas Iran has committed many acts of (ii) all calls for the destruction of Israel; malfeasance with respect to its nuclear pro- and vert the Disarmament Commission gram that makes it an unacceptable can- (C) withdraws support from terrorist into yet another forum for anti- didate for the United Nations Disarmament groups; and semitism. Last week, at a working Commission, including— (7) calls on the President to— group meeting, Iran’s representative to

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3516 CONGRESSIONAL RECORD — SENATE April 25, 2006 the Disarmament Commission stated commitments under the Paris Accord SENATE RESOLUTION 443—REL- that the suggestion that Iran had a nu- of 2004, which included the suspension ATIVE TO THE DEATH OF clear weapons program was Jewish of uranium enrichment activities. FRANCIS R. VALEO, FORMER propaganda fabricated by the Jewish Again, I talked about the actions and SECRETARY OF THE SENATE lobby in the United States. These bra- rhetoric of the Iranian regime to per- Mr. FRIST (for himself and Mr. REID) zenly antisemitic comments were ob- petuate a record of terror and tyranny submitted the following resolution; jected to by our American representa- which also warrants isolation from the which was considered and agreed to: tive, but other members, including the international community at the U.N., S. RES. 443 chair of the working group, remained including calls for the annihilation of Whereas Francis R. (Frank) Valeo served silent. Israel, active sponsorship of terrorism with distinction as chief of the Foreign Af- I am disturbed by the moral indiffer- through groups including Hezbollah, fairs Division of the Legislative Reference ence that the U.N. has reached where Hamas, and Islamic Jihad, meddling in Service and specialist in the Far East, before you have a member state seeking nu- the affairs of neighboring countries beginning his service to the United States clear weapons with the expressed in- such as Iraq and Israel and Lebanon. Senate in 1952 on the staff of the Committee tention of destroying another member on Foreign Relations; The overall conduct of Iran is a di- state, and that member state, Iran, is Whereas Frank Valeo in 1958 became for- rect threat to world security. It vio- eign policy advisor and assistant to the Ma- allowed to serve as the Vice Chair of lates numerous fundamental principles jority Whip, Senator Mike Mansfield, and the Disarmament Commission. That is on which the United Nations is based. then served as Majority Secretary from 1963 completely unacceptable, to say the Yet it continues to enjoy full to 1966; least. I am disappointed that the Asian Whereas Frank Valeo served as Secretary participatory rights and privileges as a member states did not step up to con- of the Senate from 1966 to 1977; member state of the U.N. In fact, it test the candidacy of Iran. Whereas Frank Valeo accompanied many This is what is happening: You have gets rewarded by a leadership position United States Senators on missions to all regional groupings, so each state, re- on the disarmament commission. Such parts of the globe, assisted the Majority a situation is beyond comprehension. Leader in regularly reporting on conditions gional groupings, pick their members. in Southeast Asia, and was part of the first The United States doesn’t get involved The resolution I plan to submit does congressional delegation to visit the Peo- in this. It is up to the member states, the following. It expresses deep dis- ple’s Republic of China in 1972; the Asian members. But somebody has appointment in the failure of the Asian Whereas Frank Valeo represented the to be thinking this doesn’t make sense. group members of the disarmament United States Senate on the Federal Elec- This is going to cast a negative pall commission to stop Iran’s election as tion Commission from 1974 to 1977, and in over the international community’s re- the vice chair of the body. It asserts that role participated in the 1976 landmark the disarmament commission has no Supreme Court decision of Buckley v. Valeo; flection about what the United Nations Whereas Frank Valeo helped to modernize community is all about. It is another credibility on disarmament issues due and set professional standards for service in step back at a time when we need to be to Iran’s participation, particularly in the diverse offices that report to the Sec- moving forward. the light of Iran’s defiance of the IAEA retary of the Senate, and served as a member It is the responsibility of member resolutions and the Security Council of the Commission on the Operation of the states at the U.N. to step up and pre- presidential statement regarding its Senate, from 1975 to 1976, where he helped vent the system from being manipu- nuclear program. It calls on the U.S. to craft its proposals for structural and techno- lated by pariah states such as Iran that reject all resolutions passed by the dis- logical reforms in Senate operations; Whereas Frank Valeo faithfully discharged are looking to pursue their destructive credited disarmament commission, the difficult duties and responsibilities of a agendas. Iran is probably the major condemns Iran’s continued intran- wide variety of important and demanding po- state sponsor of terrorism in the world sigence with regard to the treatment of sitions in public life with honesty, integrity, today. Iran says they want to destroy Israel and sponsorship of terror and, fi- loyalty, and humanity; and Israel. Iran supports terrorism and Iran nally, works to ensure that U.S. fund- Whereas Frank Valeo’s clear under- is intent on getting a nuclear weapon. ing is withheld from the U.N. in the standing and appreciation of the challenges We do not control what other mem- amount that is directed toward the dis- facing the Nation have left his mark on ber states do, but we should make the armament commission’s activities those many areas of public life: Now, there- fore, be it position of the United States clear. The from its regular budget. Resolved, That (a) the Senate has heard United States should not be funding in- We are not talking about a lot of with profound sorrow and deep regret the an- stitutions that not only undermine the money here. What we are talking about nouncement of the death of Frank Valeo. very principles they claim to promote is making a statement—making a (b) The Secretary of the Senate shall com- but directly harm U.S. interests. A dis- statement. We call upon the President municate these resolutions to the House of armament commission with Iran in a Representatives and transmit an enrolled to closely monitor U.N. progress on re- copy thereof to the family of the deceased. leadership position should be con- form and to exercise his option to with- (c) When the Senate adjourns today, it demned by the United States and we hold funding unless credible reforms shall stand adjourned as a further mark of should make a statement. I have been are made prior to the discussions of the respect to the memory of Frank Valeo. very hesitant to talk about holding biannual budget in June. f back funding, but we are going in the What do you do? In the U.S. we ask wrong direction. I will be back on the SENATE RESOLUTION 444—COM- the question, What shall we do when floor if Cuba gets appointed, gets elect- MEMORATING THE 100TH ANNI- those who enforce the law break the ed to this new human rights council. I VERSARY OF THE FOUNDING OF law? In the international context we will be back on the floor. At a certain THE AMERICAN JEWISH COM- are asking, What do we do when a key point in time you have to expect some- MITTEE voice in disarmament is given to one of thing. Much is given, much is received. Mr. SMITH (for himself, Mrs. FEIN- the world’s most willful sponsors of We have given the U.N. a lot of money. STEIN, and Mrs. DOLE) submitted the terrorism at a time when they are ig- We have given a lot of support. There following resolution; which was consid- noring the international community in are expectations then and they are not ered and agreed to: their quest for nuclear weapons? being met. S. RES. 444 Lest someone has failed to be aware The response is just to say no. Civ- Whereas the American Jewish Committee, of Iran’s deeds, let me review some of ilized nations must speak with one after its founding in 1906, rapidly emerged as the credentials for being excluded from voice. That statement should begin a pioneering human relations agency, dedi- the commission. Iran has repeatedly right here with the passage of my reso- cated to combating all forms of bigotry and deceived the IAEA about a variety of lution. championing a sense of shared civic responsi- nuclear-related activities, failed to I urge my colleagues to join me in co- bility; Whereas the American Jewish Committee, provide IAEA inspectors access to var- sponsoring this resolution. The error of through a range of innovative projects and ious nuclear sites, and refused to an- the United Nations is serious. To be si- programs, seeks to build a more hopeful swer outstanding questions that led to lent in the face of it would be far world by expanding freedom, enhancing mu- its nuclear program. It reneged on its worse. tual respect, monitoring hate groups, and

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3517 providing vital information about extremists Whereas an estimated 6,000,000 Jews and SA 3603. Mr. INOUYE submitted an amend- of every type; many others were killed in the Holocaust; ment intended to be proposed by him to the Whereas the American Jewish Committee Whereas millions of survivors of the Holo- bill H.R. 4939, supra; which was ordered to lie has strengthened the culture of the United caust endured enormous suffering through on the table. States in historic ways through programs violence, torture, slave labor, and involun- SA 3604. Mr. REID proposed an amendment that teach tolerance, such as America’s tary medical experimentation; to the bill H.R. 4939, supra. Table, through far-reaching dialogues with Whereas in the 61 years since the end of SA 3605. Mr. LOTT submitted an amend- ethnic and religious group in the country, the Holocaust, this tragic event has helped ment intended to be proposed by him to the through promoting interfaith awareness and to teach the people of the world awareness of bill H.R. 4939, supra; which was ordered to lie playing a key role in the issuance of Nostra the danger of hatred, anti-Semitism, bigotry, on the table. Aetate, and through steadfast support of vul- and racism, and the importance of compas- SA 3606. Mr. SMITH submitted an amend- nerable individuals throughout history; sion and understanding diversity; ment intended to be proposed by him to the Whereas the American Jewish Committee, Whereas Holocaust Remembrance Day is bill H.R. 4939, supra; which was ordered to lie the first American Jewish organization to held every year in remembrance of the Holo- on the table. establish a full-time office in Israel, has caust and its millions of victims: Now, there- SA 3607. Mr. COBURN submitted an amend- worked tirelessly to tell the extraordinary fore, be it ment intended to be proposed by him to the story of Israel through a range of endeavors, Resolved, That the Senate— bill H.R. 4939, supra; which was ordered to lie including Project Interchange, which has (1) commemorates Holocaust Remem- on the table. brought more than 3,000 American leaders to brance Day, which falls on April 25, 2006; SA 3608. Mr. COBURN submitted an amend- the Jewish state for journeys of discovery (2) remembers the 6,000,000 Jews and many ment intended to be proposed by him to the and understanding; others who were killed by the Nazis, and bill H.R. 4939, supra; which was ordered to lie Whereas the American Jewish Committee, honors the millions of survivors of the Holo- on the table. through its network of offices and associa- caust; and SA 3609. Mr. COBURN submitted an amend- tions in the United States and across the (3) encourages all Americans to commemo- ment intended to be proposed by him to the globe, works with many countries, the rate the occasion through reflection, acts of bill H.R. 4939, supra; which was ordered to lie United Nations, and other international bod- compassion, and education about the horrific on the table. ies to promote democratic ideals and to pro- consequences of anti-Semitism, bigotry, rac- SA 3610. Mr. COBURN submitted an amend- tect and uplift Jewish communities every- ism and hatred. ment intended to be proposed by him to the where; f bill H.R. 4939, supra; which was ordered to lie Whereas the American Jewish Committee, on the table. through advocacy and education, indefati- AMENDMENTS SUBMITTED AND SA 3611. Mr. COBURN submitted an amend- gably defends and protects the treasured PROPOSED ment intended to be proposed by him to the civic values of the United States, including bill H.R. 4939, supra; which was ordered to lie SA 3591. Mr. LEVIN (for himself, Ms. COL- religious freedom, and support for public on the table. LINS, and Mr. REED) submitted an amend- education and the family; Whereas the American Jewish Committee ment intended to be proposed by him to the f bill H.R. 4939, making emergency supple- sponsored research cited in the landmark Su- TEXT OF AMENDMENTS preme Court case banning segregation, mental appropriations for the fiscal year Brown et al. v. Board of Education of Topeka ending September 30, 2006, and for other pur- SA 3591. Mr. LEVIN (for himself, Ms. et al., and played a vital role in the civil poses; which was ordered to lie on the table. COLLINS, and Mr. REED) submitted an SA 3592. Mr. REED submitted an amend- rights movement, stood with Soviet Jewry amendment intended to be proposed by ment intended to be proposed by him to the and all prisoners of conscience in the Soviet him to the bill H.R. 4939, making emer- bill H.R. 4939, supra; which was ordered to lie Union, argued successfully for the inclusion on the table. gency supplemental appropriations for of human rights clauses in the United Na- SA 3593. Ms. LANDRIEU submitted an the fiscal year ending September 30, tions Charter, and insisted upon an accept- amendment intended to be proposed by her 2006, and for other purposes; which was ance of women’s rights as a human rights to the bill H.R. 4939, supra; which was or- ordered to lie on the table; as follows: issue; and Whereas the American Jewish Committee, dered to lie on the table. On page 126, between lines 12 and 13, insert at work both on the world stage and here at SA 3594. Mr. GREGG (for himself, Mr. the following: FRIST, Mr. BYRD, Mr. DOMENICI, Mr. ENSIGN, home, for a century has had a proud and pro- REPORTS TO CONGRESS ON A NATIONAL UNITY Mr. ALEXANDER, and Mr. SUNUNU) proposed foundly beneficial presence throughout the GOVERNMENT AND AMENDING THE IRAQ CON- an amendment to the bill H.R. 4939, supra. communities of the United States: Now, STITUTION TO MAKE IT A UNIFYING DOCUMENT SA 3595. Mr. MARTINEZ submitted an therefore, be it amendment intended to be proposed by him SEC. 1406. (a) REPORTS REQUIRED.—In fur- Resolved, That— therance of the findings and sense of Con- (1) the American Jewish Committee, by to the bill H.R. 4939, supra; which was or- dered to lie on the table. gress set forth in Senate Joint Resolution 34, choosing hope, inspires everyone in the as introduced in the Senate on April 25, 2006, United States as it continues its work into SA 3596. Mr. MARTINEZ submitted an amendment intended to be proposed by him the President shall, not later than 30 days its second century of service; and after the date of the enactment of this Act (2) the Senate salutes, commends, and con- to the bill H.R. 4939, supra; which was or- dered to lie on the table. and every 30 days thereafter until a national gratulates the American Jewish Committee unity government has been formed in Iraq for its century of leadership. SA 3597. Mr. LUGAR (for himself, Mr. WAR- NER, Mr. CHAFEE, and Mr. ALLEN) submitted and the Iraq Constitution has been amended f an amendment intended to be proposed by in a manner that makes it a unifying docu- SENATE RESOLUTION 445—EX- him to the bill H.R. 4939, supra; which was ment, submit to Congress a report on United ordered to lie on the table. States policy and political developments in PRESSING THE SENSE OF THE Iraq. SENATE IN COMMEMORATING SA 3598. Mr. MENENDEZ submitted an amendment intended to be proposed by him (b) ELEMENTS.—Each report shall include HOLOCAUST REMEMBRANCE DAY to the bill H.R. 4939, supra. the following information: Mr. SANTORUM (for himself, Mr. SA 3599. Mr. LUGAR (for himself, Mr. (1) Whether the Administration has told the Iraqi political, religious and tribal lead- LIEBERMAN, Mr. NELSON of Florida, Mr. OBAMA, Mr. DOMENICI, Mr. LEVIN, Mr. HAGEL, ers that agreement by the Iraqis on a gov- VOINOVICH, Mr. INHOFE, Mr. ENSIGN, Ms. Mr. REED, Mr. CHAFEE, Mr. DODD, Mr. ALLEN, Mr. BAYH, Mrs. BOXER, Mr. AKAKA, Mr. LAU- ernment of national unity, and subsequent SNOWE, Mr. BROWNBACK, Mr. ALLEN, TENBERG, and Mr. DURBIN) submitted an agreement to amendments to the Iraq Con- Mrs. FEINSTEIN, Mr. DEWINE, Mr. amendment intended to be proposed by him stitution to make it more inclusive, within LEVIN, Mr. CHAFEE, Mr. FRIST, Mr. to the bill H.R. 4939, supra; which was or- the 30-day and 4-month deadlines that the LAUTENBERG, Mr. BURNS, Mr. SPECTER, dered to lie on the table. Iraqis set for themselves in their Constitu- Mr. HAGEL, Mr. THOMAS, Mr. WARNER, SA 3600. Mr. HARKIN (for himself, Mr. tion, is a condition for the continued pres- Mrs. DOLE, Mr. CRAPO, Mr. TALENT, and GRASSLEY, Mr. ENSIGN, and Mrs. MURRAY) ence of United States military forces in Iraq. (2) The progress that has been made in the Mr. SUNUNU) submitted the following proposed an amendment to the bill H.R. 4939, supra. formation of a national unity government resolution; which was considered and and the obstacles, if any, that remain. agreed to: SA 3601. Mr. INOUYE submitted an amend- ment intended to be proposed by him to the (3) The progress that has been made in the S. RES. 445 bill H.R. 4939, supra; which was ordered to lie amendment of the Iraq Constitution to make Whereas the Holocaust involved the sys- on the table. it more of a unifying document and the ob- tematic persecution and genocide of millions SA 3602. Mr. INOUYE submitted an amend- stacles, if any, that remain. of innocent Jewish men, women, and chil- ment intended to be proposed by him to the dren, along with millions of others, by the bill H.R. 4939, supra; which was ordered to lie SA 3592. Mr. REED submitted an Nazis under the leadership of Adolf Hitler; on the table. amendment intended to be proposed by

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3518 CONGRESSIONAL RECORD — SENATE April 25, 2006 him to the bill H.R. 4939, making emer- OFFICE OF THE CHIEF INFORMATION OFFICER $80,000,000: Provided, That the entire amount gency supplemental appropriations for For an additional amount for the ‘‘Office of is designated as an emergency requirement the fiscal year ending September 30, the Chief Information Officer’’ to replace and pursuant to section 402 of H. Con. Res. 95 2006, and for other purposes; which was upgrade law enforcement communications, (109th Congress), the concurrent resolution on the budget for fiscal year 2006. ordered to lie on the table; as follows: $50,000,000, to remain available until ex- pended: Provided, That the entire amount is UNITED STATES COAST GUARD On page 162, between lines 12 and 13, insert designated as an emergency requirement the following: ACQUISITION, CONSTRUCTION AND pursuant to section 402 of H. Con. Res. 95 IMPROVEMENTS FOX POINT HURRICANE BARRIER (109th Congress), the concurrent resolution For an additional amount for ‘‘Acquisition, For an additional amount for the Sec- on the budget for fiscal year 2006. Construction, and Improvements’’ for acqui- retary of the Army, acting through the Chief UNITED STATES VISITOR AND IMMIGRATION sition, construction, renovation, and im- of Engineers, for use in upgrading the STATUS INDICATOR TECHNOLOGY provement of vessels, aircraft, and equip- electro-mechanical control system of the For an additional amount for ‘‘United ment, $600,000,000, to remain available until Fox Point hurricane barrier in Providence, States Visitor and Immigration Status Indi- expended: Provided, That the entire amount Rhode Island, $1,055,000, to remain available cator Technology’’ to accelerate biometric is designated as an emergency requirement until expended: Provided, That the amount database integration and conversion to 10– pursuant to section 402 of H. Con. Res. 95 provided under this heading is designated as print enrollment, $60,000,000, to remain avail- (109th Congress), the concurrent resolution an emergency requirement pursuant to sec- able until expended: Provided, That none of on the budget for fiscal year 2006. tion 402 of H. Con. Res. 95 (109th Congress). the additional appropriations made available FEDERAL LAW ENFORCEMENT TRAINING SA 3593. Ms. LANDRIEU submitted under this heading may be obligated until CENTER the Committees on Appropriations of the ACQUISITION, CONSTRUCTION, IMPROVEMENTS, an amendment intended to be proposed Senate and the House of Representatives re- AND RELATED EXPENSES by her to the bill H.R. 4939, making ceive and approve a plan for the expenditure emergency supplemental appropria- of such funds: Provided further, That the en- For an additional amount for ‘‘Acquisition, tions for the fiscal year ending Sep- tire amount is designated as an emergency Construction, Improvements, and Related tember 30, 2006, and for other purposes; requirement pursuant to section 402 of H. Expenses’’ for construction of the language which was ordered to lie on the table; Con. Res. 95 (109th Congress), the concurrent training facility referenced in the Master resolution on the budget for fiscal year 2006. Plan and information technology infrastruc- as follows: ture improvements, $18,000,000, to remain CUSTOMS AND BORDER PROTECTION At the end of title II, add the following: available until expended: Provided, That the CHAPTER 9 SALARIES AND EXPENSES entire amount is designated as an emergency DEPARTMENT OF HEALTH AND HUMAN For an additional amount for ‘‘Salaries requirement pursuant to section 402 of H. SERVICES and Expenses’’, $180,000,000, of which Con. Res. 95 (109th Congress), the concurrent $80,000,000 is for border patrol vehicle re- SEC. 2901. (a) GRANT PROGRAM AUTHOR- resolution on the budget for fiscal year 2006. placement and $100,000,000 is for sensor and IZED.—The Secretary of Health and Human GENERAL PROVISIONS—THIS TITLE surveillance technology: Provided, That none Services, acting through the Administrator of the additional appropriations made avail- REDUCTION IN FUNDING of the Health Resources and Services Admin- able under this heading may be obligated SEC. ll. (a) REDUCTION.—Except as pro- istration, shall award grants to public hos- until the Committees on Appropriations of vided in subsection (b), the aggregate pitals, nonprofit entities, and medicare and the Senate and the House of Representatives amount provided by chapter 3 of title I of medicaid enrolled suppliers and institutional receive and approve a plan for expenditure of this Act and chapter 3 of title II of this Act providers to reimburse such hospitals, enti- these funds: Provided further, That the entire may not exceed $68,962,188,000. ties, suppliers, and providers for health care amount is designated as an emergency re- (b) INAPPLICABILITY TO AMOUNTS FOR MILI- related expenses or lost revenues directly at- quirement pursuant to section 402 of H. Con. TARY CONSTRUCTION.—Subsection (a) does not tributable to the public health emergency Res. 95 (109th Congress), the concurrent reso- apply to amounts provided by chapter 3 of resulting from the damage and devastation lution on the budget for fiscal year 2006. title I of this Act and chapter 3 of title II of caused by Hurricanes Katrina and Rita in this Act for military construction. the Gulf Coast region if such expenses or lost AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT revenues have not otherwise been reimbursed SA 3595. Mr. MARTINEZ submitted or are eligible for reimbursement from other For an additional amount for ‘‘Air and Ma- an amendment intended to be proposed rine Interdiction, Operations, Maintenance, sources. Grant amounts awarded under this by him to the bill H.R. 4939, making section shall be available until expended. and Procurement’’ to replace air assets and (b) APPROPRIATION.—There is authorized to upgrade air operations facilities, $790,000,000, emergency supplemental appropria- be appropriated and there is appropriated, to remain available until expended, of which tions for the fiscal year ending Sep- out of any money in the Treasury not other- $40,000,000 is for helicopter replacement and tember 30, 2006, and for other purposes; wise appropriated, $100,000,000 to carry out $750,000,000 is for recapitalization of air as- which was ordered to lie on the table; this section. sets: Provided, That none of the additional as follows: appropriations made available under this On page 117, between lines 9 and 10, insert SA 3594. Mr. GREGG (for himself, Mr. heading may be obligated until the Commit- the following: FRIST, Mr. BYRD, Mr. DOMENICI, Mr. EN- tees on Appropriations of the Senate and the RE-EQUIPPING OF 53RD INFANTRY BRIGADE TEAM SIGN, Mr. ALEXANDER, and Mr. SUNUNU) House of Representatives receive and ap- prove an expenditure plan for the complete UPON ITS RETURN FROM DEPLOYMENT IN AF- proposed an amendment to the bill GHANISTAN H.R. 4939, making emergency supple- recapitalization of Customs and Border Pro- tection air assets and facilities: Provided fur- SEC. 1312. Of the amount appropriated or mental appropriations for the fiscal ther, That the entire amount is designated as otherwise made available by this chapter year ending September 30, 2006, and for an emergency requirement pursuant to sec- under the heading ‘‘OTHER PROCUREMENT, other purposes; as follows: tion 402 of H. Con. Res. 95 (109th Congress), ARMY’’, $59,300,000 shall be available for the At the appropriate place, insert the fol- the concurrent resolution on the budget for re-equipping of the 53rd Infantry Brigade lowing: fiscal year 2006. team upon its return from deployment in Af- ghanistan, of which— TITLE ll—BORDER SECURITY CONSTRUCTION (1) $15,000,000 shall be for PVS–7B night vi- EMERGENCY SUPPLEMENTAL APPRO- For an additional amount for ‘‘Construc- sion devices; PRIATIONS FOR BORDER SECURITY tion’’, $120,000,000, to remain available until (2) $44,000,000 shall be for Heavy HMMWV expended: Provided, That none of the addi- DEPARTMENT OF HOMELAND SECURITY variants and FMTV light and medium cargo tional appropriations made available under OFFICE OF THE SECRETARY AND EXECUTIVE trucks; and this heading may be obligated until the Com- MANAGEMENT (3) $300,000 shall be for M–4 rifles. mittees on Appropriations of the Senate and For an additional amount for the ‘‘Office of the House of Representatives receive and ap- the Secretary and Executive Management’’ SA 3596. Mr. MARTINEZ submitted prove a plan for expenditure for these funds: to provide funds for the Office of Policy, Provided further, That the entire amount is an amendment intended to be proposed $2,000,000: Provided, That the entire amount designated as an emergency requirement by him to the bill H.R. 4939, making is solely for a contract with an independent pursuant to section 402 of H. Con. Res. 95 emergency supplemental appropria- non-Federal entity to conduct a needs as- (109th Congress), the concurrent resolution tions for the fiscal year ending Sep- sessment for comprehensive border security: on the budget for fiscal year 2006. tember 30, 2006, and for other purposes; Provided further, That the entire amount is designated as an emergency requirement IMMIGRATION AND CUSTOMS ENFORCEMENT which was ordered to lie on the table; pursuant to section 402 of H. Con. Res. 95 SALARIES AND EXPENSES as follows: (109th Congress), the concurrent resolution For an additional amount for ‘‘Salaries On page 117, between lines 9 and 10, insert on the budget for fiscal year 2006. and Expenses’’ to replace vehicles, the following:

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PRIORITY IN FUNDING FOR REPLACEMENT EQUIP- ‘‘(2) TERMINATION OF AUTHORITY.—The au- State may provide during any fiscal year, MENT FOR THE NATIONAL GUARD FOR STATES thority of the Secretary under paragraph (1) with or without reimbursement, accommoda- LIKELY TO BE EFFECTED BY 2006 HURRICANE shall terminate on October 1, 2008. An annu- tion and subsistence to personnel in Iraq and SEASON itant reemployed pursuant to such authority Afghanistan for whom the Chief of Mission is SEC. 1312. In allocating amounts appro- prior to such termination date may be em- responsible. priated or otherwise made available by this ployed for a period ending not later than one SA 3598. Mr. MENENDEZ submitted chapter under the heading ‘‘OTHER PROCURE- year after such date. MENT, ARMY’’ for the procurement of replace- ‘‘(b) PROCEDURES.—The Secretary should an amendment intended to be proposed ment equipment for the National Guard, the prescribe procedures for the exercise of any by him to the bill H.R. 4939, making Secretary of Defense shall afford a priority authority under subsection (a), including cri- emergency supplemental appropria- in the allocation of such funds to the States teria for any exercise of authority and proce- tions for the fiscal year ending Sep- likely to experience a hurricane during the dures for a delegation of authority. tember 30, 2006, and for other purposes; 2006 hurricane season. ‘‘(c) ANNUITANTS NOT TREATED AS EMPLOY- as follows: EES FOR PURPOSES OF RETIREMENT BENE- On page 253, between lines 19 and 20, insert SA 3597. Mr. LUGAR (for himself, Mr. FITS.—An employee for whom a waiver under this section is in effect shall not be consid- the following: WARNER, Mr. CHAFEE, and Mr. ALLEN) ered an employee for purposes of subchapter TITLE VIII—HIGHWAY FUEL TAX HOLIDAY submitted an amendment intended to III of chapter 83, or chapter 84 of title 5, SEC. 8001. HIGHWAY FUEL TAX HOLIDAY. be proposed by him to the bill H.R. United States Code.’’. (a) TEMPORARY ELIMINATION OF HIGHWAY 4939, making emergency supplemental (2) UNITED STATES AGENCY FOR INTER- FUEL TAXES ON GASOLINE, DIESEL FUEL, AND appropriations for the fiscal year end- NATIONAL DEVELOPMENT.—Section 625 of the KEROSENE.— ing September 30, 2006, and for other Foreign Assistance Act of 1961 (22 U.S.C. (1) IN GENERAL.—Section 4081 of the Inter- purposes; which was ordered to lie on 2385) is amended by adding at the end the fol- nal Revenue Code of 1986 (relating to imposi- the table; as follows: lowing new subsection: tion of tax on gasoline, diesel fuel, and ker- ‘‘(j)(1)(A) The Administrator of the United osene) is amended by adding at the end the On page 90, between lines 10 and 11, insert States Agency for International Develop- following new subsection: the following: ment may waive the application of the provi- ‘‘(f) TEMPORARY REDUCTION IN TAXES ON SEC. 1202. DEPARTMENT OF STATE AND USAID sions of section 8344 or 8468 of title 5, United GASOLINE, DIESEL FUEL, AND KEROSENE.— AUTHORITIES. States Code, on a case-by-case basis for em- ‘‘(1) IN GENERAL.—During the applicable pe- (a) WAIVER OF ANNUITY LIMITATIONS ON RE- ployment of an annuitant in a position in riod, each rate of tax referred to in para- EMPLOYED FOREIGN SERVICE ANNUITANTS.— the United States Agency for International graph (2) shall be reduced to zero cents per Section 824(g) of the Foreign Service Act of Development for which there is exceptional gallon. 1980 (22 U.S.C. 4064(g)) is amended to read as difficulty in recruiting or retaining a quali- ‘‘(2) RATES OF TAX.—The rates of tax re- follows: fied employee, or when a temporary emer- ferred to in this paragraph are the rates of ‘‘(g)(1) The Secretary of State may waive gency hiring need exists. tax otherwise applicable under— the application of subsections (a) through (d) ‘‘(B) The authority of the Administrator ‘‘(A) clauses (i) and (iii) of subsection on a case-by-case basis for an annuitant re- under subparagraph (A) shall terminate on (a)(2)(A) (relating to gasoline, diesel fuel, employed on a temporary basis, or grant au- October 1, 2008. An annuitant reemployed and kerosene), determined with regard to thority to the head of an Executive agency pursuant to such authority prior to such ter- subsection (a)(2)(B) and without regard to to waive the application of subsections (a) mination date may be employed for a period subsection (a)(2)(C), and through (d) on a case-by-case basis for an an- ending not later than one year after such ‘‘(B) paragraph (1) of section 4041(a) (relat- nuitant reemployed on a temporary basis— date. ing to diesel fuel and kerosene) with respect ‘‘(A) if, and for so long as, such waiver is ‘‘(2) The Administrator should prescribe to fuel sold for use or used in a diesel-pow- necessary due to an emergency involving a procedures for the exercise of any authority ered highway vehicle. direct threat to life or property or other un- under this subsection, including criteria for ‘‘(3) APPLICABLE PERIOD.—For purposes of usual circumstances; or any exercise of authority and procedures for this subsection, the term ‘applicable period’ ‘‘(B) if the annuitant is employed in a posi- a delegation of authority. means the 60-day period beginning with the tion for which there is exceptional difficulty ‘‘(3) An employee for whom a waiver under day after the date of the enactment of this in recruiting or retaining a qualified em- this section is in effect shall not be consid- subsection. ployee. ered an employee for purposes of subchapter ‘‘(4) MAINTENANCE OF TRUST FUND DEPOS- ‘‘(2) The authority of the Secretary to III of chapter 83, or chapter 84 of title 5, ITS.—In determining the amounts to be ap- waive the application of subsections (a) United States Code.’’. propriated to the Highway Trust Fund under through (d) for an annuitant pursuant to (c) REPORT ON USE OF ANNUITY LIMITATION section 9503 and to the Leaking Underground subparagraph (B) of paragraph (1), or to WAIVER AUTHORITY.—Not later than 1 year Storage Tank Trust Fund under 9508, an grant authority to the head of an Executive after the date of the enactment of this Act, amount equal to the reduction in revenues to agency to waive the application of such sub- the Secretary of State shall submit to the the Treasury by reason of this subsection sections to an annuitant under subpara- Committee on Foreign Relations and the shall be treated as taxes received in the graphs (A) or (B) of such paragraph, shall Committee on Homeland Security and Gov- Treasury under this section or section 4041.’’. terminate on October 1, 2008. An annuitant ernment Affairs of the Senate and the Com- (2) EFFECTIVE DATE.—The amendment reemployed pursuant to such authority prior mittee on International Relations and the made by this subsection shall take effect on to such termination date may be employed Committee on Government Reform of the the date of the enactment of this Act. for a period ending not later than one year House of Representatives a report on the ex- (b) FLOOR STOCK REFUNDS.— after such date. ercise of the waiver authorities provided (1) IN GENERAL.—If— ‘‘(3) The Secretary should prescribe proce- under section 824(g) of the Foreign Service (A) before the tax reduction date, tax has dures for the exercise of any authority under Act of 1980 (22 U.S.C. 4064(g)), as amended by been imposed under section 4081 of the Inter- paragraph (1), including criteria for any ex- subsection (a), section 61 of the State De- nal Revenue Code of 1986 on any liquid, and ercise of authority and procedures for a dele- partment Basic Authorities Act of 1956, as (B) on such date such liquid is held by a gation of authority.’’. added by subsection (b)(1), and section 625(j) dealer and has not been used and is intended (b) WAIVER OF ANNUITY LIMITATIONS ON RE- of the Foreign Assistance Act of 1961, as for sale, there shall be credited or refunded EMPLOYED CIVIL SERVICE ANNUITANTS.— added by subsection (b)(2). The report shall (without interest) to the person who paid (1) DEPARTMENT OF STATE.—Title I of the include the number and type of positions such tax (hereafter in this subsection re- Department of State Basic Authorities Act that have been filled under such waiver au- ferred to as the ‘‘taxpayer’’) an amount of 1956 (22 U.S.C. 2651a et seq.) is amended by thority, and the retirement date, former job equal to the excess of the tax paid by the adding at the end the following new section: title, and new job title of each annuitant re- taxpayer over the amount of such tax which ‘‘SEC. 61. REEMPLOYMENT OF ANNUITANTS employed under such authority. would be imposed on such liquid had the tax- UNDER THE CIVIL SERVICE RETIRE- (d) HOME LEAVE PROVISIONS.— able event occurred on the tax reduction MENT SYSTEM AND FEDERAL EM- (1) TRAVEL EXPENSES FOR REST AND RECU- date. PLOYEES’ RETIREMENT SYSTEM. PERATION TRAVEL.—Section 901(6) of the For- (2) TIME FOR FILING CLAIMS.—No credit or ‘‘(a) AUTHORITY.— eign Service Act (22 U.S.C. 4081(6)) is amend- refund shall be allowed or made under this ‘‘(1) IN GENERAL.—The Secretary of State ed by striking ‘‘unbroken by home leave’’ subsection unless— may waive the application of the provisions each place it appears. (A) claim therefor is filed with the Sec- of section 8344 or 8468 of title 5, United (2) AUTHORITY TO REQUIRE LEAVES OF AB- retary of the Treasury before the date which States Code, on a case-by-case basis for em- SENCE.—Section 903(a) of the Foreign Service is 6 months after the tax reduction date, and ployment of an annuitant in a position in Act (22 U.S.C. 4083) is amended by striking (B) in any case where liquid is held by a the Department of State for which there is ‘‘18 months’’ and inserting ‘‘12 months’’. dealer (other than the taxpayer) on the tax exceptional difficulty in recruiting or retain- (e) AUTHORITY TO PROVIDE ACCOMMODATION reduction date— ing a qualified employee, or when a tem- AND SUBSISTENCE TO INDIVIDUALS SERVING IN (i) the dealer submits a request for refund porary emergency hiring need exists. IRAQ AND AFGHANISTAN.—The Secretary of or credit to the taxpayer before the date

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3520 CONGRESSIONAL RECORD — SENATE April 25, 2006 which is 3 months after the tax reduction of diesel fuel or kerosene held by such person plicable integrated oil company for its last date, and on such date does not exceed 2,000 gallons. taxable year ending in calendar year 2005, (ii) the taxpayer has repaid or agreed to The preceding sentence shall apply only if the taxpayer shall— repay the amount so claimed to such dealer such person submits to the Secretary (at the (1) increase, effective as of the close of or has obtained the written consent of such time and in the manner required by the Sec- such taxable year, the value of each historic dealer to the allowance of the credit or the retary) such information as the Secretary LIFO layer of inventories of crude oil, nat- making of the refund. shall require for purposes of this subpara- ural gas, or any other petroleum product (3) DEFINITIONS.—For purposes of this sub- graph. (within the meaning of section 4611) by the section— (B) EXEMPT FUEL.—For purposes of sub- layer adjustment amount, and (A) the terms ‘‘dealer’’ and ‘‘held by a deal- paragraph (A), there shall not be taken into (2) decrease its cost of goods sold for such er’’ have the respective meanings given to account fuel held by any person which is ex- taxable year by the aggregate amount of the such terms by section 6412 of such Code; ex- empt from the tax imposed by paragraph (1) increases under paragraph (1). cept that the term ‘‘dealer’’ includes a pro- by reason of paragraph (4) or (5). If the aggregate amount of the increases ducer, and (C) CONTROLLED GROUPS.—For purposes of under paragraph (1) exceed the taxpayer’s (B) the term ‘‘tax reduction date’’ means this paragraph— cost of goods sold for such taxable year, the the day after the date of the enactment of (i) CORPORATIONS.— taxpayer’s gross income for such taxable this Act. (I) IN GENERAL.—All persons treated as a year shall be increased by the amount of (4) CERTAIN RULES TO APPLY.—Rules similar controlled group shall be treated as 1 person. such excess. to the rules of subsections (b) and (c) of sec- (II) CONTROLLED GROUP.—The term ‘‘con- tion 6412 of such Code shall apply for pur- trolled group’’ has the meaning given to such (b) LAYER ADJUSTMENT AMOUNT.—For pur- poses of this subsection. term by subsection (a) of section 1563 of such poses of this section— (c) FLOOR STOCKS TAX.— Code; except that for such purposes the (1) IN GENERAL.—The term ‘‘layer adjust- (1) IMPOSITION OF TAX.—In the case of any phrase ‘‘more than 50 percent’’ shall be sub- ment amount’’ means, with respect to any liquid on which tax would have been imposed stituted for the phrase ‘‘at least 80 percent’’ historic LIFO layer, the product of— under section 4081 of the Internal Revenue each place it appears in such subsection. (A) $18.75, and Code of 1986 during the applicable period but (ii) NONINCORPORATED PERSONS UNDER COM- (B) the number of barrels of crude oil (or in for the amendments made by subsection (a), MON CONTROL.—Under regulations prescribed the case of natural gas or other petroleum and which is held on the floor stocks tax by the Secretary, principles similar to the products, the number of barrel-of-oil equiva- date by any person, there is hereby imposed principles of clause (i) shall apply to a group lents) represented by the layer. a floor stocks tax in an amount equal to the of persons under common control where 1 or (2) BARREL-OF-OIL EQUIVALENT.—The term tax which would be imposed on such liquid more of such persons is not a corporation. ‘‘barrel-of-oil equivalent’’ has the meaning had the taxable event occurred on the floor (7) OTHER LAW APPLICABLE.—All provisions given such term by section 29(d)(5) (as in ef- stocks tax date. of law, including penalties, applicable with fect before its redesignation by the Energy (2) LIABILITY FOR TAX AND METHOD OF PAY- respect to the taxes imposed by section 4081 Tax Incentives Act of 2005). MENT.— of such Code shall, insofar as applicable and (A) LIABILITY FOR TAX.—A person holding a (c) APPLICATION OF REQUIREMENT.— not inconsistent with the provisions of this liquid on the floor stocks tax date to which (1) NO CHANGE IN METHOD OF ACCOUNTING.— paragraph, apply with respect to the floor the tax imposed by paragraph (1) applies Any adjustment required by this section stock taxes imposed by paragraph (1) to the shall be liable for such tax. shall not be treated as a change in method of same extent as if such taxes were imposed by (B) METHOD OF PAYMENT.—The tax imposed accounting. by paragraph (1) shall be paid in such man- such section 4081. (2) UNDERPAYMENTS OF ESTIMATED TAX.—No (d) BENEFITS OF TAX REDUCTION SHOULD BE ner as the Secretary shall prescribe. addition to the tax shall be made under sec- PASSED ON TO CONSUMERS.— (C) TIME FOR PAYMENT.—The tax imposed tion 6655 of the Internal Revenue Code of 1986 (1) PASSTHROUGH TO CONSUMERS.— by paragraph (1) shall be paid on or before (relating to failure by corporation to pay es- (A) SENSE OF CONGRESS.—It is the sense of the date which is 6 months after the floor timated tax) with respect to any under- Congress that— stocks tax date. payment of an installment required to be (i) consumers immediately receive the ben- (3) DEFINITIONS.—For purposes of this sub- paid with respect to the taxable year de- efit of the reduction in taxes under this sec- section— scribed in subsection (a) to the extent such tion, and (A) HELD BY A PERSON.—A liquid shall be underpayment was created or increased by (ii) transportation motor fuels producers considered as ‘‘held by a person’’ if title this section. and other dealers take such actions as nec- thereto has passed to such person (whether (d) APPLICABLE INTEGRATED OIL COM- or not delivery to the person has been made). essary to reduce transportation motor fuels prices to reflect such reduction, including PANY.—For purposes of this section, the term (B) GASOLINE AND DIESEL FUEL.—The terms ‘‘applicable integrated oil company’’ means ‘‘gasoline’’ and ‘‘diesel fuel’’ have the respec- immediate credits to customer accounts rep- resenting tax refunds allowed as credits an integrated oil company (as defined in sec- tive meanings given such terms by section tion 291(b)(4) of the Internal Revenue Code of 4083 of such Code. against excise tax deposit payments under the floor stocks refund provisions of this sec- 1986) which has an average daily worldwide (C) FLOOR STOCKS TAX DATE.—The term tion. production of crude oil of at least 500,000 bar- ‘‘floor stocks tax date’’ means the day after rels for the taxable year and which had gross (B) STUDY.— the date determined by the Secretary under receipts in excess of $1,000,000,000 for its last section 4081(f)(3) of such Code. (i) IN GENERAL.—The Comptroller General of the United States shall conduct a study of taxable year ending during calendar year (D) APPLICABLE PERIOD.—The term ‘‘appli- the reduction of taxes under this section to 2005. For purposes of this subsection all per- cable period’’ means the period described in sons treated as a single employer under sub- section 4081(f)(3) of such Code. determine whether there has been a pass- through of such reduction. sections (a) and (b) of section 52 of the Inter- (E) SECRETARY.—The term ‘‘Secretary’’ nal Revenue Code of 1986 shall be treated as (ii) REPORT.—Not later than 30 days after means the Secretary of the Treasury or the 1 person and, in the case of a short taxable Secretary’s delegate. the date of the enactment of this Act, the Comptroller General of the United States year, the rule under section 448(c)(3)(B) shall (4) EXCEPTION FOR EXEMPT USES.—The tax apply. imposed by paragraph (1) shall not apply to shall report to the Committee on Finance of gasoline, diesel fuel, or kerosene held by any the Senate and the Committee on Ways and SEC. 8004. ELIMINATION OF AMORTIZATION OF person exclusively for any use to the extent Means of the House of Representatives the GEOLOGICAL AND GEOPHYSICAL EX- results of the study conducted under clause PENDITURES FOR MAJOR INTE- a credit or refund of the tax imposed by sec- GRATED OIL COMPANIES. tion 4081 of such Code is allowable for such (i). use. SEC. 8002. ELIMINATION OF CERTAIN PRODUC- (a) IN GENERAL.—Section 167(h) of the In- TION INCENTIVES. (5) EXCEPTION FOR FUEL HELD IN VEHICLE ternal Revenue Code of 1986 is amended by (a) IN GENERAL.—Sections 342, 344, 345, 346, TANK.—No tax shall be imposed by paragraph adding at the end the following new para- 353, and 383 and subtitle J of title IX of the (1) on gasoline, diesel fuel, or kerosene held graph: Energy Policy Act of 2005 and section 107(k) in the tank of a motor vehicle. ‘‘(5) NONAPPLICATION TO MAJOR INTEGRATED of the Naval Petroleum Reserves Production OIL COMPANIES.—This subsection shall not (6) EXCEPTION FOR CERTAIN AMOUNTS OF Act of 1976 (as added by section 347 of the En- FUEL.— apply with respect to any expenses paid or ergy Policy Act of 2005) are repealed. incurred for any taxable year by any inte- (A) IN GENERAL.—No tax shall be imposed (b) EFFECTIVE DATE.—The repeals made by by paragraph (1)— grated oil company (as defined in section subsection (a) shall take effect on the date of 291(b)(4)) which has an average daily world- (i) on gasoline (other than aviation gaso- the enactment of the Energy Policy Act of wide production of crude oil of at least line) held on the floor stocks tax date by any 2005. 500,000 barrels for such taxable year.’’. person if the aggregate amount of gasoline SEC. 8003. REVALUATION OF LIFO INVENTORIES held by such person on such date does not ex- OF LARGE INTEGRATED OIL COMPA- (b) EFFECTIVE DATE.—The amendment ceed 4,000 gallons, and NIES. made by this section shall take effect as if (ii) on diesel fuel or kerosene held on such (a) GENERAL RULE.—Notwithstanding any included in the amendment made by section date by any person if the aggregate amount other provision of law, if a taxpayer is an ap- 1329(a) of the Energy Policy Act of 2005.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3521 SEC. 8005. MODIFICATIONS OF FOREIGN TAX SA 3599. Mr. LUGAR (for himself, Mr. vided under this heading is designated as an CREDIT RULES APPLICABLE TO OBAMA, Mr. DOMENICI, Mr. LEVIN, Mr. emergency requirement pursuant to section LARGE INTEGRATED OIL COMPA- HAGEL, Mr. REED, Mr. CHAFEE, Mr. 402 of H. Con. Res. 95 (109th Congress), the NIES WHICH ARE DUAL CAPACITY concurrent resolution on the budget for fis- TAXPAYERS. DODD, Mr. ALLEN, Mr. BAYH, Mrs. cal year 2006. (a) IN GENERAL.—Section 901 of the Inter- BOXER, Mr. AKAKA, Mr. LAUTENBERG, nal Revenue Code of 1986 (relating to credit and Mr. DURBIN) submitted an amend- SA 3602. Mr. INOUYE submitted an for taxes of foreign countries and of posses- ment intended to be proposed by him amendment intended to be proposed by sions of the United States) is amended by re- to the bill H.R. 4939, making emer- him to the bill H.R. 4939, making emer- designating subsection (m) as subsection (n) gency supplemental appropriations for gency supplemental appropriations for and by inserting after subsection (l) the fol- the fiscal year ending September 30, the fiscal year ending September 30, lowing new subsection: 2006, and for other purposes; which was 2006, and for other purposes; which was ‘‘(m) SPECIAL RULES RELATING TO LARGE ordered to lie on the table; as follows: ordered to lie on the table; as follows: INTEGRATED OIL COMPANIES WHICH ARE DUAL On page 117, between lines 9 and 10, insert On page 225, beginning on line 2 strike ‘‘eli- CAPACITY TAXPAYERS.— the following: gible to’’ and all that follows through line 5 ‘‘(1) GENERAL RULE.—Notwithstanding any SEC. 1312. (a) The amount appropriated by and insert ‘‘eligible to obtain a loan under other provision of this chapter, any amount this chapter under the heading ‘‘OPERATION section 156(a) of the Federal Agriculture Im- paid or accrued by a dual capacity taxpayer AND MAINTENANCE, DEFENSE-WIDE’’ and provement and Reform Act of 1996 (7 U.S.C. which is a large integrated oil company to a available for Cooperative Threat Reduction 7272(a)).’’. foreign country or possession of the United is increased by $8,000,000. SA 3603. Mr. INOUYE submitted an States for any period shall not be considered (b) Of the amount appropriated by this amendment intended to be proposed by a tax— chapter under the heading ‘‘OPERATION AND him to the bill H.R. 4939, making emer- ‘‘(A) if, for such period, the foreign country MAINTENANCE, DEFENSE-WIDE’’ and available or possession does not impose a generally ap- for Cooperative Threat Reduction, as in- gency supplemental appropriations for plicable income tax, or creased by subsection (a), $44,500,000 shall be the fiscal year ending September 30, ‘‘(B) to the extent such amount exceeds the deposited in the Former Soviet Union Threat 2006, and for other purposes; which was amount (determined in accordance with reg- Reduction Account and shall remain avail- ordered to lie on the table; as follows: ulations) which— able until September 30, 2008. On page 246, line 1, strike ‘‘$500,000’’ and in- ‘‘(i) is paid by such dual capacity taxpayer (c) The amount made available under sub- sert ‘‘$1,400,000’’. pursuant to the generally applicable income section (a) is designated as an emergency re- On page 246, line 3, insert ‘‘in the State of tax imposed by the country or possession, or quirement pursuant to section 402 of H. Con. Hawaii’’ after ‘‘dams’’. ‘‘(ii) would be paid if the generally applica- Res. 95 (109th Congress), the concurrent reso- ble income tax imposed by the country or lution on the budget for fiscal year 2006. SA 3604. Mr. REID proposed an possession were applicable to such dual ca- amendment to the bill H.R. 4939, mak- pacity taxpayer. SA 3600. Mr. HARKIN (for himself, ing emergency supplemental appropria- Nothing in this paragraph shall be construed Mr. GRASSLEY, Mr. ENSIGN, and Mrs. tions for the fiscal year ending Sep- to imply the proper treatment of any such MURRAY) proposed an amendment to tember 30, 2006, and for other purposes; amount not in excess of the amount deter- the bill H.R. 4939, making emergency as follows: mined under subparagraph (B). supplemental appropriations for the TITLE ll—BORDER SECURITY ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- fiscal year ending September 30, 2006, poses of this subsection, the term ‘dual ca- and for other purposes; as follows: EMERGENCY SUPPLEMENTAL APPRO- pacity taxpayer’ means, with respect to any PRIATIONS FOR BORDER SECURITY At the end of page 248, line 22, insert the foreign country or possession of the United DEPARTMENT OF HOMELAND SECURITY States, a person who— following: OFFICE OF THE SECRETARY AND EXECUTIVE ‘‘(A) is subject to a levy of such country or SEC. . None of the funds appropriated in MANAGEMENT possession, and Public Law 109–149 under the heading Em- ‘‘(B) receives (or will receive) directly or ployment and Training Administration shall For an additional amount for the ‘‘Office of indirectly a specific economic benefit (as de- be used to pay the compensation of an indi- the Secretary and Executive Management’’ termined in accordance with regulations) vidual, either as direct costs or any prora- to provide funds for the Office of Policy, from such country or possession. tion as an indirect cost, at a rate in excess $2,000,000: Provided, That the entire amount ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— of Executive Level II. Where Employment is solely for a contract with an independent For purposes of this subsection— and Training Administration funds appro- non-Federal entity to conduct a needs as- ‘‘(A) IN GENERAL.—The term ‘generally ap- priated in Public Law 109–149 are used for sessment for comprehensive border security: plicable income tax’ means an income tax compensation of an individual, the total fed- Provided further, That the entire amount is (or a series of income taxes) which is gen- eral funding that may go to compensation of designated as an emergency requirement erally imposed under the laws of a foreign that individual shall not exceed a rate in ex- pursuant to section 402 of H. Con. Res. 95 country or possession on income derived cess of Executive Level II. States may estab- (109th Congress), the concurrent resolution from the conduct of a trade or business with- lish a lower limit of total compensation for on the budget for fiscal year 2006. in such country or possession. those receiving compensation from Employ- OFFICE OF THE CHIEF INFORMATION OFFICER ‘‘(B) EXCEPTIONS.—Such term shall not in- ment and Training Administration funding For an additional amount for the ‘‘Office of clude a tax unless it has substantial applica- employed in that state, taking into account the Chief Information Officer’’ to replace and tion, by its terms and in practice, to— factors including the relative cost-of-living upgrade law enforcement communications, ‘‘(i) persons who are not dual capacity tax- in the state, the compensation levels for $50,000,000, to remain available until ex- payers, and comparable state or local government em- pended: Provided, That the entire amount is ‘‘(ii) persons who are citizens or residents ployees, and the size of the organizations designated as an emergency requirement of the foreign country or possession. that administer federal programs involved pursuant to section 402 of H. Con. Res. 95 ‘‘(4) LARGE INTEGRATED OIL COMPANY.—For including Employment and Training Admin- (109th Congress), the concurrent resolution purposes of this subsection, the term ‘large istration programs. on the budget for fiscal year 2006. integrated oil company’ means, with respect UNITED STATES VISITOR AND IMMIGRATION to any taxable year, an integrated oil com- SA 3601. Mr. INOUYE submitted an STATUS INDICATOR TECHNOLOGY pany (as defined in section 291(b)(4)) which— amendment intended to be proposed by For an additional amount for ‘‘United ‘‘(A) had gross receipts in excess of him to the bill H.R. 4939, making emer- States Visitor and Immigration Status Indi- $1,000,000,000 for such taxable year, and gency supplemental appropriations for cator Technology’’ to accelerate biometric ‘‘(B) has an average daily worldwide pro- the fiscal year ending September 30, database integration and conversion to 10– duction of crude oil of at least 500,000 barrels 2006, and for other purposes; which was print enrollment, $60,000,000, to remain avail- for such taxable year.’’ ordered to lie on the table; as follows: able until expended: Provided, That none of (b) EFFECTIVE DATE.— the additional appropriations made available On page 253, between lines 19 and 20, insert (1) IN GENERAL.—The amendments made by under this heading may be obligated until the following: this section shall apply to taxes paid or ac- the Committees on Appropriations of the crued in taxable years beginning after the ENVIRONMENTAL PROTECTION AGENCY Senate and the House of Representatives re- date of the enactment of this Act. SEC. 7032. For an additional amount for ceive and approve a plan for the expenditure (2) CONTRARY TREATY OBLIGATIONS ‘‘Environmental Programs and Manage- of such funds: Provided further, That the en- UPHELD.—The amendments made by this sec- ment’’, $1,000,000, to remain available until tire amount is designated as an emergency tion shall not apply to the extent contrary expended, for assistance relating to assess- requirement pursuant to section 402 of H. to any treaty obligation of the United ments and monitoring of waters in the State Con. Res. 95 (109th Congress), the concurrent States. of Hawaii; Provided, That the amount pro- resolution on the budget for fiscal year 2006.

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3522 CONGRESSIONAL RECORD — SENATE April 25, 2006

CUSTOMS AND BORDER PROTECTION ture improvements, $18,000,000, to remain available under such heading is reduced by SALARIES AND EXPENSES available until expended: Provided, That the $15,000,000. For an additional amount for ‘‘Salaries entire amount is designated as an emergency requirement pursuant to section 402 of H. SA 3610. Mr. COBURN submitted an and Expenses’’, $180,000,000, of which amendment intended to be proposed by $80,000,000 is for border patrol vehicle re- Con. Res. 95 (109th Congress), the concurrent placement and $100,000,000 is for sensor and resolution on the budget for fiscal year 2006. him to the bill H.R. 4939, making emer- surveillance technology: Provided, That none gency supplemental appropriations for of the additional appropriations made avail- SA 3605. Mr. LOTT submitted an the fiscal year ending September 30, able under this heading may be obligated amendment intended to be proposed by 2006, and for other purposes; which was until the Committees on Appropriations of him to the bill H.R. 4939, making emer- ordered to lie on the table; as follows: the Senate and the House of Representatives gency supplemental appropriations for At the appropriate place, add the fol- receive and approve a plan for expenditure of the fiscal year ending September 30, lowing: Notwithstanding any other provision these funds: Provided further, That the entire 2006, and for other purposes; which was of this Act, none of the funds appropriated or amount is designated as an emergency re- ordered to lie on the table; as follows: otherwise made available in title II, chapter quirement pursuant to section 402 of H. Con. On page 193, line 25, insert after ‘‘Pro- 2 of this Act, for the National Oceanic and Res. 95 (109th Congress), the concurrent reso- Atmospheric Administration under the head- lution on the budget for fiscal year 2006. vided,’’ the following: ‘‘That the Navy, acting through the Naval Facilities Engineering ing ‘‘Operations, Research, and Facilities’’ AIR AND MARINE INTERDICTION, OPERATIONS, Command, shall be the agent for all matters may be available for the National Marine MAINTENANCE, AND PROCUREMENT with regard to the planning, design, con- Fisheries Service for oyster bed and shrimp For an additional amount for ‘‘Air and Ma- struction, and contract administration re- ground rehabilition, and the amount made rine Interdiction, Operations, Maintenance, lated to the construction of the new Armed available under such heading is reduced by and Procurement’’ to replace air assets and Forces Retirement Home: Provided further,’’. $100,000,000. upgrade air operations facilities, $790,000,000, SA 3611. Mr. COBURN submitted an to remain available until expended, of which SA 3606. Mr. SMITH submitted an amendment intended to be proposed by $40,000,000 is for helicopter replacement and amendment intended to be proposed by him to the bill H.R. 4939, making emer- $750,000,000 is for recapitalization of air as- him to the bill H.R. 4939, making emer- sets: Provided, That none of the additional gency supplemental appropriations for gency supplemental appropriations for appropriations made available under this the fiscal year ending September 30, the fiscal year ending September 30, heading may be obligated until the Commit- 2006, and for other purposes; which was 2006, and for other purposes; which was tees on Appropriations of the Senate and the ordered to lie on the table; as follows: House of Representatives receive and ap- ordered to lie on the table; as follows: prove an expenditure plan for the complete At the appropriate place, add the fol- On page 172, lines 15 through 17, strike ‘‘for lowing: Notwithstanding any other provision recapitalization of Customs and Border Pro- necessary expenses’’ and all that follows tection air assets and facilities: Provided fur- of this Act, Sec. 7030(a) of this Act shall not through ‘‘$20,000,000’’ and insert the fol- take effect. ther, That the entire amount is designated as lowing: ‘‘$543,081,496, of which $523,081,496 an emergency requirement pursuant to sec- shall be made available to make safety net f tion 402 of H. Con. Res. 95 (109th Congress), payments for fiscal year 2007 under section NOTICES OF HEARINGS/MEETINGS the concurrent resolution on the budget for 101 of the Secure Rural Schools and Commu- fiscal year 2006. nity Self-Determination Act of 2000 (Public COMMITTEE ON ENERGY AND NATURAL CONSTRUCTION Law 106–393; 16 U.S.C. 500 note), to remain RESOURCES For an additional amount for ‘‘Construc- available until expended, and $20,000,000 shall Mr. DOMENICI. Mr. President, I tion’’, $120,000,000, to remain available until be made available for necessary expenses re- would like to announce for the infor- expended: Provided, That none of the addi- lated to the consequences of Hurricane mation of the Senate and the public tional appropriations made available under Katrina and other hurricanes of the 2005 sea- that a hearing has been scheduled be- this heading may be obligated until the Com- son’’. fore the Committee on Energy and Nat- mittees on Appropriations of the Senate and ural Resources. the House of Representatives receive and ap- SA 3607. Mr. COBURN submitted an The hearing will be held on Monday, prove a plan for expenditure for these funds: amendment intended to be proposed by May 1, 2006 at 2:30 p.m. in room SD–366 Provided further, That the entire amount is him to the bill H.R. 4939, making emer- of the Dirksen Building. designated as an emergency requirement gency supplemental appropriations for The purpose of the hearing is to re- pursuant to section 402 of H. Con. Res. 95 the fiscal year ending September 30, ceive testimony regarding the eco- (109th Congress), the concurrent resolution 2006, and for other purposes; which was on the budget for fiscal year 2006. nomic and environmental issues associ- ordered to lie on the table; as follows: IMMIGRATION AND CUSTOMS ENFORCEMENT ated with coal gasification technology On page 196, strike line 18 and all that fol- and on implementation of the provi- SALARIES AND EXPENSES lows through page 197, line 16. sions of the Energy Policy Act of 2005 For an additional amount for ‘‘Salaries addressing coal gasification. and Expenses’’ to replace vehicles, SA 3608. Mr. COBURN submitted an $80,000,000: Provided, That the entire amount Because of the limited time available amendment intended to be proposed by for the hearing, witnesses may testify is designated as an emergency requirement him to the bill H.R. 4939, making emer- pursuant to section 402 of H. Con. Res. 95 by invitation only. However, those (109th Congress), the concurrent resolution gency supplemental appropriations for wishing to submit written testimony on the budget for fiscal year 2006. the fiscal year ending September 30, for the hearing record should send two UNITED STATES COAST GUARD 2006, and for other purposes; which was copies of their testimony to the Com- ordered to lie on the table; as follows: ACQUISITION, CONSTRUCTION AND mittee on Energy and Natural Re- IMPROVEMENTS On page 157, strike line 4 and all that fol- sources, United States Senate, Wash- For an additional amount for ‘‘Acquisition, lows through page 158, line 17. ington, DC 20510–6150. Construction, and Improvements’’ for acqui- For further information, please con- sition, construction, renovation, and im- SA 3609. Mr. COBURN submitted an tact John Peschke 202–224–4797 or Shan- provement of vessels, aircraft, and equip- amendment intended to be proposed by non Ewan at 202–224–7555. ment, $600,000,000, to remain available until him to the bill H.R. 4939, making emer- expended: Provided, That the entire amount gency supplemental appropriations for f is designated as an emergency requirement the fiscal year ending September 30, AUTHORITIES FOR COMMITTEES pursuant to section 402 of H. Con. Res. 95 2006, and for other purposes; which was TO MEET (109th Congress), the concurrent resolution ordered to lie on the table; as follows: on the budget for fiscal year 2006. COMMITTEE ON BANKING, HOUSING, AND URBAN At the appropriate place, add the fol- AFFAIRS FEDERAL LAW ENFORCEMENT TRAINING lowing: Notwithstanding any other provision Mr. COCHRAN. Mr. President, I ask CENTER of this Act, none of the funds appropriated or unanimous consent that the Com- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, otherwise made available in title II, chapter mittee on Banking, Housing, and AND RELATED EXPENSES 2 of this Act, for the National Oceanic and Urban Affairs be authorized to meet For an additional amount for ‘‘Acquisition, Atmospheric Administration under the head- Construction, Improvements, and Related ing ‘‘Operations, Research, and Facilities’’ during the session of the Senate on Expenses’’ for construction of the language may be available for the National Marine April 25, 2006, at 10 a.m. to conduct a training facility referenced in the Master Fisheries Service to implement seafood pro- hearing on ‘‘A Review of Current Secu- Plan and information technology infrastruc- motion strategies, and the amount made rities Issues.’’

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3523 The PRESIDING OFFICER. Without ized to meet on Tuesday, April 25, 2006, pursuant to 22 U.S.C. 276d–276g, as objection, it is so ordered. at 2:30 p.m., for a field hearing regard- amended, appoints the following Sen- COMMITTEE ON FINANCE ing ‘‘North Korea: Illicit Activity ators as members of the Senate Delega- Mr. COCHRAN. Mr. President, I ask Funding the Regime.’’ tion to the Canada-U.S. Inter- unanimous consent that the Com- The PRESIDING OFFICER. Without parliamentary Group during the Sec- mittee on Finance be authorized to objection, it is so ordered. ond Session of the 109th Congress: the meet during the session on Tuesday, SUBCOMMITTEE ON SCIENCE AND SPACE Honorable PATRICK J. LEAHY of April 25, 2006, at 10:30 a.m., in 215 Dirk- Mr. COCHRAN. Mr. President, I ask Vermont and the Honorable DANIEL K. sen Senate Office Building, to hear tes- unanimous consent that the Sub- AKAKA of Hawaii. timony on ‘‘The Social and Economic committee on Science and Space be au- f Effects of the Methamphetamine Epi- thorized to meet on Tuesday, April 25, APPOINTMENT demic on America’s Child Welfare Sys- 2006, at 2:30 p.m., on NASA. tem’’. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The The PRESIDING OFFICER. Without objection, it is so ordered. Chair, on behalf of the President pro objection, it is so ordered. f tempore, upon the recommendation of the Democratic Leader, pursuant to COMMITTEE ON THE JUDICIARY PRIVILEGES OF THE FLOOR Mr. COCHRAN. Mr. President, I ask Public Law 105–292, as amended by Pub- Mr. COCHRAN. Mr. President, I ask unanimous consent that the Com- lic Law 106–55, and as further amended unanimous consent Mr. Les Spivey, Mr. mittee on the Judiciary be authorized by Public Law 107–228, appoints the fol- B.G. Wright, Ms. Rachel Taylor, and to meet to conduct a hearing on ‘‘Im- lowing individual to the United States Ms. Mary Catherine Fitzpatrick of the migration: Economic Impacts’’ on Commission on International Religious Committee on Appropriations be grant- Tuesday, April 25, 2006, at 9:30 a.m. in Freedom: Preeta D. Bansal of Ne- ed full floor access during the consider- Room 226 of the Dirksen Senate Office braska, for a term of two years (May ation of H.R. 4939, the fiscal year 2006 Building. 15, 2006–May 14, 2008). emergency supplemental appropria- Panel I: Richard B. Freeman, Pro- f tions bill. fessor of Economics, Harvard Univer- The PRESIDING OFFICER. Without FRANCIS R. VALEO, FORMER sity, Program Director of Labor Stud- objection, it is so ordered. SECRETARY OF THE SENATE ies, National Bureau of Economic Re- Mr. COCHRAN. Mr. President, I fur- search, Cambridge, MA; Dan Siciliano, Mr. FRIST. Mr. President, I ask ther ask unanimous consent that Mr. Executive Director, Program in Law, unanimous consent that the Senate Mike Morrissey, Mr. Kevin Templin, Economics and Business, Stanford Law proceed to the consideration of S. Res. and Dr. Leigh Ann Ross of my personal School, Stanford, CA; Barry R. 443, which was submitted earlier today. office staff be granted privilege of the Chiswick, Professor of Economics, Uni- The PRESIDING OFFICER. The floor during consideration of this bill. versity of Illinois at Chicago, Chicago, clerk will report. The PRESIDING OFFICER. Without IL; Harry J. Holzer, Professor of Public The assistant legislative clerk read objection, it is so ordered. Policy, Georgetown University, Wash- as follows: The Senator from Mississippi. A resolution (S. Res. 443) relative to ington, DC. Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without the death of Francis R. Valeo, former unanimous consent that Michael Pol- objection, it is so ordered. Secretary of the Senate. lock and Alison Garfield, detailees There being no objection, the Senate COMMITTEE ON THE JUDICIARY with the Defense Appropriations Sub- proceeded to consider the resolution. Mr. COCHRAN. Mr. President, I ask committee, be granted the privilege of Mr. FRIST. Mr. President, I ask unanimous consent that the Com- the floor during consideration of the unanimous consent that the resolution mittee on the Judiciary be authorized fiscal year 2006 supplemental and the be agreed to, the preamble be agreed to meet to conduct a hearing on ‘‘Judi- fiscal year 2007 Defense appropriations to, and the motion to reconsider be laid cial Nominations’’ on Tuesday, April bills; and that Rose Fabia, a detailee to upon the table. 25, 2006, at 2:15 p.m., in Room 226 of the the Appropriations Committee from The PRESIDING OFFICER. Without Dirksen Senate Office Building. the Department of Veterans Affairs, be objection, it is so ordered. Panel I: The Honorable Frank Lau- granted the privilege of the floor for The resolution (S. Res. 443) was tenberg, United States Senator, D–NJ; the remainder of the debate on H.R. agreed to. The Honorable Robert Menendez, 4939. The preamble was agreed to. United States Senator, R–NJ; The Hon- The PRESIDING OFFICER. Without The resolution, with its preamble, orable Barbara Boxer, United States objection, it is so ordered. reads as follows: Senator, D–CA; The Honorable Gordan Mr. REID. Mr. President, on behalf of S. RES. 443 Smith, United States Senator, R–OR. Senator KENNEDY, I ask unanimous Panel II: Milan D. Smith, Jr. to be consent that a State Department fel- Whereas Francis R. (Frank) Valeo served with distinction as chief of the Foreign Af- United States Circuit Judge for the low in his office, Richard Driscoll, be Ninth Circuit. fairs Division of the Legislative Reference granted floor privileges during the con- Service and specialist in the Far East, before Panel III: Renee Marie Bumb to be sideration of the supplemental appro- beginning his service to the United States United States District Judge for the priations bill, and that Navy detailee Senate in 1952 on the staff of the Committee District of New Jersey; Noel Lawrence Tom Crowley also be granted the same on Foreign Relations; Hillman to be United States District privilege. Whereas Frank Valeo in 1958 became for- Judge for the District of New Jersey; The PRESIDING OFFICER. Without eign policy advisor and assistant to the Ma- Peter G. Sheridan to be United States objection, it is so ordered. jority Whip, Senator Mike Mansfield, and then served as Majority Secretary from 1963 District Judge for the District of New Mr. REID. Mr. President, on behalf of Jersey; and Susan Davis Wigenton to to 1966; Senator JEFFORDS, I ask unanimous Whereas Frank Valeo served as Secretary be United States District Judge for the consent that April Richards, a profes- of the Senate from 1966 to 1977; District of New Jersey. sional staff member of the Senate Com- Whereas Frank Valeo accompanied many The PRESIDING OFFICER. Without mittee on Environment and Public United States Senators on missions to all objection, it is so ordered. Works, be granted floor privileges dur- parts of the globe, assisted the Majority SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ing the consideration of H.R. 4939. Leader in regularly reporting on conditions AGEMENT, GOVERNMENT INFORMATION AND The PRESIDING OFFICER. Without in Southeast Asia, and was part of the first congressional delegation to visit the Peo- INTERNATIONAL SECURITY objection, it is so ordered. Mr. COCHRAN. Mr. President, I ask ple’s Republic of China in 1972; f Whereas Frank Valeo represented the unanimous consent that the Sub- APPOINTMENTS United States Senate on the Federal Elec- committee on Federal Financial Man- tion Commission from 1974 to 1977, and in agement, Government Information, The PRESIDING OFFICER. The that role participated in the 1976 landmark and International Security be author- Chair, on behalf of the Vice President, Supreme Court decision of Buckley v. Valeo;

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3524 CONGRESSIONAL RECORD — SENATE April 25, 2006 Whereas Frank Valeo helped to modernize Whereas the American Jewish Committee, torists pulled their cars aside and of- and set professional standards for service in the first American Jewish organization to fice workers stepped away from their the diverse offices that report to the Sec- establish a full-time office in Israel, has computers. Everyone in the nation retary of the Senate, and served as a member worked tirelessly to tell the extraordinary paused for a moment of silence in com- of the Commission on the Operation of the story of Israel through a range of endeavors, Senate, from 1975 to 1976, where he helped including Project Interchange, which has memoration of the Holocaust. craft its proposals for structural and techno- brought more than 3,000 American leaders to Beginning with the Kristallnach logical reforms in Senate operations; the Jewish state for journeys of discovery Pogram on November 8 and 9, 1938, the Whereas Frank Valeo faithfully discharged and understanding; Nazi government embarked on a sys- the difficult duties and responsibilities of a Whereas the American Jewish Committee, tematic, deliberate campaign of cold- wide variety of important and demanding po- through its network of offices and associa- blooded murder. Families were stripped sitions in public life with honesty, integrity, tions in the United States and across the of their possessions and killing squads loyalty, and humanity; and globe, works with many countries, the roamed the countryside. Millions upon Whereas Frank Valeo’s clear under- United Nations, and other international bod- millions of Jewish people were brought standing and appreciation of the challenges ies to promote democratic ideals and to pro- facing the Nation have left his mark on tect and uplift Jewish communities every- to concentration camps where the Nazi those many areas of public life: Now, there- where; regime killed most immediately and fore, be it Whereas the American Jewish Committee, sent some to work as slave laborers. Resolved, That (a) the Senate has heard through advocacy and education, indefati- The Jewish people did not meekly with profound sorrow and deep regret the an- gably defends and protects the treasured submit to the Nazi onslaught. They nouncement of the death of Frank Valeo. civic values of the United States, including fought back: 63 years ago this month, a (b) The Secretary of the Senate shall com- religious freedom, and support for public group of 750 lightly armed Jewish par- municate these resolutions to the House of education and the family; tisans began the Warsaw Ghetto Upris- Representatives and transmit an enrolled Whereas the American Jewish Committee copy thereof to the family of the deceased. sponsored research cited in the landmark Su- ing. Knowing that the Nazis planned to (c) When the Senate adjourns today, it preme Court case banning segregation, deport and murder them, the Jewish shall stand adjourned as a further mark of Brown et al. v. Board of Education of Topeka residents remaining in Warsaw staged respect to the memory of Frank Valeo. et al., and played a vital role in the civil occupied Europe’s first ever organized f rights movement, stood with Soviet Jewry urban rebellion against Nazi tyranny. and all prisoners of conscience in the Soviet They fought heroically and delayed the COMMEMORATING THE 100TH ANNI- Union, argued successfully for the inclusion deportation for over a month. VERSARY OF THE FOUNDING OF of human rights clauses in the United Na- During the Holocaust’s 7 years, the THE AMERICAN JEWISH COM- tions Charter, and insisted upon an accept- Nazis did incalculable damage to an- MITTEE ance of women’s rights as a human rights issue; and cient Jewish communities within Eu- Mr. FRIST. Mr. President, I ask Whereas the American Jewish Committee, rope. In many parts of central Europe, unanimous consent that the Senate at work both on the world stage and here at few Jews remain today. But Hitler’s proceed to the consideration of S. Res. home, for a century has had a proud and pro- evil plan failed utterly. He did not de- 444, which was submitted earlier today. foundly beneficial presence throughout the stroy the Jewish people. Millions sur- The PRESIDING OFFICER. The communities of the United States: Now, vived. Many came to the United States. clerk will report. therefore, be it And many settled in what is now the The assistant legislative clerk read Resolved, That— prosperous, thriving, and democratic as follows: (1) the American Jewish Committee, by choosing hope, inspires everyone in the State of Israel. A resolution (S. Res. 444) commemorating United States as it continues its work into Over the past year, 5 year olds who the 100th anniversary of the founding of the its second century of service; and survived the Nazi death camps became American Jewish Committee. (2) the Senate salutes, commends, and con- eligible to receive Social Security ben- There being no objection, the Senate gratulates the American Jewish Committee efits. Eighteen-year-old GIs who took proceeded to consider the resolution. for its century of leadership. part in the camps’ liberation will turn Mr. FRIST. Mr. President, I ask f 80 next year. Personal memor1es of the Holocaust are quickly disappearing. unanimous consent that the resolution HOLOCAUST REMEMBRANCE DAY be agreed to, the preamble be agreed We have an obligation to keep these to, and the motion to reconsider be laid Mr. FRIST. Mr. President, I ask memories alive even after these people upon the table. unanimous consent that the Senate pass on. The PRESIDING OFFICER. Without now proceed to the consideration of S. Through the United States Holocaust objection, it is so ordered. Res. 445, which was submitted earlier Memorial Museum, Tennessee’s own The resolution (S. Res. 444) was today. Holocaust Memorial in Nashville, and agreed to. The PRESIDING OFFICER. The Israel’s Yad Vashem Holocaust Mar- The preamble was agreed to. clerk will report the resolution by tyrs’ and Heroes’ Remembrance Au- The resolution, with its preamble, title. thority we have established places reads as follows: The assistant legislative clerk read dedicated to making sure that we re- as follows: member the Holocaust. S. RES. 444 A resolution (S. Res. 445) expressing the It is the least we can do. We owe this Whereas the American Jewish Committee, sense of the Senate in commemorating Holo- debt of memory to ourselves, to our after its founding in 1906, rapidly emerged as caust Remembrance Day. a pioneering human relations agency, dedi- children, to the Nation, and to the cated to combating all forms of bigotry and There being no objection, the Senate world. championing a sense of shared civic responsi- proceeded to consider the resolution. Mr. President, I ask unanimous con- bility; Mr. FRIST. Mr. President, earlier sent that the resolution be agreed to, Whereas the American Jewish Committee, today, this body voiced its support for the preamble be agreed to, and the mo- through a range of innovative projects and a resolution commemorating the Holo- tion to reconsider be laid upon the programs, seeks to build a more hopeful caust—the Shoah—Nazi Germany’s sys- table. world by expanding freedom, enhancing mu- tematic effort to exterminate the Jew- The PRESIDING OFFICER. Without tual respect, monitoring hate groups, and objection, it is so ordered. providing vital information about extremists ish people. For anybody who questions the exist- The resolution (S. Res. 445) was of every type; agreed to. Whereas the American Jewish Committee ence of evil, the Nazi regime’s delib- The preamble was agreed to. has strengthened the culture of the United erate murder of 6 million Jewish men, States in historic ways through programs The resolution, with its preamble, women, and children should settle all reads as follows: that teach tolerance, such as America’s doubts. S. RES. 445 Table, through far-reaching dialogues with Today, people all over the world will ethnic and religious group in the country, Whereas the Holocaust involved the sys- through promoting interfaith awareness and mark Yom HaShoah, Holocaust Re- tematic persecution and genocide of millions playing a key role in the issuance of Nostra membrance Day. At 10 o’clock local of innocent Jewish men, women, and chil- Aetate, and through steadfast support of vul- time today in Israel, a loud siren dren, along with millions of others, by the nerable individuals throughout history; sounded throughout the country. Mo- Nazis under the leadership of Adolf Hitler;

VerDate Mar 15 2010 23:59 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2006SENATE\S25AP6.REC S25AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2006 CONGRESSIONAL RECORD — SENATE S3525 Whereas an estimated 6,000,000 Jews and of H.R. 4939, the emergency supple- UNITED STATES OF AMERICA TO THE REPUBLIC OF HUN- GARY. many others were killed in the Holocaust; mental appropriations bill, and that TRACEY ANN JACOBSON, OF THE DISTRICT OF COLUM- Whereas millions of survivors of the Holo- with respect to the consent agreement BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- caust endured enormous suffering through ICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EX- violence, torture, slave labor, and involun- regarding the rollcall votes at noon to- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED morrow, there be no intervening action STATES OF AMERICA TO THE REPUBLIC OF TAJIKISTAN. tary medical experimentation; GADDI H. VASQUEZ, OF CALIFORNIA, FOR THE RANK OF Whereas in the 61 years since the end of or debate. AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. the Holocaust, this tragic event has helped The PRESIDING OFFICER. Without REPRESENTATIVE TO THE UNITED NATIONS AGENCIES FOR FOOD AND AGRICULTURE. to teach the people of the world awareness of objection, it is so ordered. DEPARTMENT OF EDUCATION the danger of hatred, anti-Semitism, bigotry, f and racism, and the importance of compas- LAWRENCE A. WARDER, OF TEXAS, TO BE CHIEF FINAN- sion and understanding diversity; PROGRAM CIAL OFFICER, DEPARTMENT OF EDUCATION, VICE JACK MARTIN, RESIGNED. Whereas Holocaust Remembrance Day is Mr. FRIST. Mr. President, under an THE JUDICIARY held every year in remembrance of the Holo- agreement reached this afternoon, we caust and its millions of victims: Now, there- FRANCES MARIE TYDINGCO-GATEWOOD, OF GUAM, TO fore, be it will have two votes tomorrow at 12 BE JUDGE FOR THE DISTRICT COURT OF GUAM FOR THE noon. The votes will be on the Gregg TERM OF TEN YEARS, VICE JOHN S. UNPINGCO, TERM EX- Resolved, That the Senate— PIRED. (1) commemorates Holocaust Remem- and Reid amendments regarding border brance Day, which falls on April 25, 2006; security. These will be the first votes SMALL BUSINESS ADMINISTRATION (2) remembers the 6,000,000 Jews and many of the day. Additional votes are ex- STEVEN C. PRESTON, OF ILLINOIS, TO BE ADMINIS- TRATOR OF THE SMALL BUSINESS ADMINISTRATION, others who were killed by the Nazis, and pected tomorrow afternoon. VICE HECTOR V. BARRETO, JR., RESIGNED. honors the millions of survivors of the Holo- f caust; and IN THE AIR FORCE (3) encourages all Americans to commemo- ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- rate the occasion through reflection, acts of TOMORROW CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE compassion, and education about the horrific AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION consequences of anti-Semitism, bigotry, rac- Mr. FRIST. Mr. President, if there is 601: ism and hatred. no further business to come before the To be lieutenant general Senate, I ask unanimous consent that f LT. GEN. WILLIAM M. FRASER III, 0000 the Senate stand in adjournment as a ORDERS FOR WEDNESDAY, APRIL further mark of respect for the late IN THE NAVY 26, 2006 Frank Valeo. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED Mr. FRIST. Mr. President, I ask There being no objection, the Senate, UNDER TITLE 10, U.S.C., SECTION 624: unanimous consent that when the Sen- at 6:53 p.m., adjourned until Wednes- To be rear admiral day, April 26, 2006, at 9:30 a.m. ate completes its business today, it REAR ADM. (LH) THOMAS R. CULLISON, 0000 stand in adjournment until 9:30 a.m. on f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Wednesday, April 26. I further ask that AS CHIEF OF CHAPLAINS, UNITED STATES NAVY, AND NOMINATIONS APPOINTMENT TO THE GRADE INDICATED UNDER TITLE following the prayer and pledge, the 10, U.S.C., SECTION 5142: morning hour be deemed expired, the Executive nominations received by the Senate April 25, 2006: To be rear admiral Journal of proceedings be approved to REAR ADM. (LH) ROBERT F. BURT, 0000 date, the time for the two leaders be DEPARTMENT OF DEFENSE reserved, and the Senate then proceed SUE C. PAYTON, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF THE AIR FORCE, VICE MARVIN R. f to a period for the transaction of morn- SAMBUR. ing business for up to 30 minutes, with FEDERAL COMMUNICATIONS COMMISSION CONFIRMATION the first 15 minutes under control of KEVIN J. MARTIN, OF NORTH CAROLINA, TO BE A MEM- Executive nomination confirmed by the Democratic leader or his designee, BER OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A TERM OF FIVE YEARS FROM JULY 1, 2006. (RE- the Senate Tuesday, April 25, 2006: and the final 15 minutes under the con- APPOINTMENT) THE JUDICIARY trol of the majority leader or his des- DEPARTMENT OF STATE ignee; further, following morning busi- GRAY HAMPTON MILLER, OF TEXAS, TO BE UNITED APRIL H. FOLEY, OF NEW YORK, TO BE AMBASSADOR STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT ness, the Senate resume consideration EXTRAORDINARY AND PLENIPOTENTIARY OF THE OF TEXAS.

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