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

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

Vol. 151 WASHINGTON, THURSDAY, NOVEMBER 10, 2005 No. 149 House of Representatives The House met at 10 a.m. The question was taken; and the War, Somalia, Yugoslavia, Afghani- The Chaplain, the Reverend Daniel P. Speaker announced that the ayes ap- stan, and the Iraq War. Coughlin, offered the following prayer: peared to have it. These are wars that were fought in, Lord of all the earth, the sea and Mr. WILSON of South Carolina. Mr. fought by and fought for Americans. sky, in today’s world, when we take to Speaker, I object to the vote on the This land of the free is consecrated by flight, it is not just in fanciful imagi- ground that a quorum is not present the blood of the fallen. In many of nation or escape, nor always in mystic and make the point of order that a these wars the liberty of the Nation’s prayer. Physically we fly in the sky quorum is not present. people was at stake. Across the mas- over this resourceful Nation and survey The SPEAKER. Pursuant to clause 8, sive seas of time the American veteran the many blessings You shower upon rule XX, further proceedings on this shall be remembered and praised, for Your people. question will be postponed. they fought in lands they had never We marvel at Your Creation and The point of no quorum is considered seen, and they fought for peoples they Your infinity beyond. withdrawn. did not know. By placing ourselves in the hands of f These, like my dad, represent the finan experienced flight crew and of so- est the Nation has ever produced. We phisticated aircraft, we form an uncer- PLEDGE OF ALLEGIANCE honor them and we thank them on Vet- tain community of trust and sheer The SPEAKER. Will the gentleman erans Day. abandon. We become accountable to from New York (Mr. BISHOP) come for- one another for tentative security. We ward and lead the House in the Pledge f of Allegiance. share a common destination and seek DEFICIT REDUCTION ACT freedom from turbulence along the Mr. BISHOP of New York led the way. Pledge of Allegiance as follows: (Mr. MCGOVERN asked and was Together we hope for peace in the I pledge allegiance to the Flag of the given permission to address the House end. United States of America, and to the Repub- for 1 minute.) Lord, help the frequent fliers of Con- lic for which it stands, one nation under God, Mr. MCGOVERN. Mr. Speaker, this gress understand the parable of their indivisible, with liberty and justice for all. so-called Deficit Reduction Act is an flight. Lift them with the wings of in- f intellectually dishonest, cruel hoax. The Republican leadership claims they spiration and accountability to take us ANNOUNCEMENT BY THE SPEAKER beyond our confinement to new heights are reducing the deficit, but in reality of progress and integrity while caring The SPEAKER. The Chair will enter- they are actually hurting the poorest for the most needy and the most fright- tain up to 10 one-minutes on each side. and most vulnerable in this country: ened traveling with us. Our hope is f Health care for poor people, slashed by $9.5 billion; food for poor people, de- placed in their leadership and Your THE AMERICAN VETERAN power to hold us in this moment of sus- creased by over $840 million; student pension now and forever. Amen. (Mr. POE asked and was given per- loans for college students, a $14.3 bil- mission to address the House for 1 lion cut. f minute.) Mr. Speaker, Hurricane Katrina and Mr. POE. Mr. Speaker, the American Hurricane Rita reopened the eyes of THE JOURNAL veteran has fought in these conflicts: Americans to the staggering poverty The SPEAKER. The Chair has exam- French and Indian war, War for Inde- that still exists in this country, yet the ined the Journal of the last day’s pro- pendence, the First Barbary War, the Republican leadership wants to slash ceedings and announces to the House War of 1812, the Second Barbary War, over $50 billion from programs that his approval thereof. War for Texas Independence, the War will help our most vulnerable citizens Pursuant to clause 1, rule I, the Jour- Between the States, the Indian Wars, across America. If that were not bad nal stands approved. the Spanish-American War, the Phil- enough, there is a tax cut worth at Mr. WILSON of South Carolina. Mr. ippine-American War, the Boxer Rebel- least $70 billion on its way. Combined Speaker, pursuant to clause 1, rule I, I lion, First World War, Russian Revolu- with this upcoming tax cut, the so- demand a vote on agreeing to the tion, Spanish Civil War, the Great called Deficit Reduction Act will actu- Speaker’s approval of the Journal. World War II, the Cold War, Korean ally increase the deficit by $20 billion. The SPEAKER. The question is on War, Vietnam War, Tehran hostage res- We are a much better country than the Speaker’s approval of the Journal. cue, Grenada, Beirut, Panama, the Gulf this bill puts forth. If this bill passes

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

H10147

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.000 H10NOPT1 H10148 CONGRESSIONAL RECORD — HOUSE November 10, 2005 today, the Republicans will have suc- CONGRATULATING MR. AND MRS. Championing tax cuts for the ceeded in creating a government with- STANLEY AND DEANNA wealthiest Americans by punching out a conscience. Shame on them. MAYFIELD ON BEING HONORED holes in the safety net is the hallmark Let me appeal to the moderates on AS DISTINGUISHED CITIZENS BY of this administration’s failed eco- the other side. Do the right thing. THE BOY SCOUTS OF AMERICA nomic policies. But it shouldn’t be the Don’t throw away your conscience. (Mr. CONAWAY asked and was given way we balance our books. While millionaires will gain another Don’t be a cheap date. Vote against permission to address the House for 1 $19,000 tax break, the typical student, this bill. minute and to revise and extend his re- already saddled with $17,500 in debt, marks.) f faces $5,800 in new fees and higher in- Mr. CONAWAY. Mr. Speaker, I rise terest rates. How can we in good con- today to recognize two of San Angelo, PREPARING FOR AN AVIAN (BIRD) science cut student loans after the Col- Texas’ most dedicated and patriotic INFLUENZA PANDEMIC lege Board tells us this is the most ex- citizens, Stanley and Deanna Mayfield. pensive semester ever? (Mr. MURPHY asked and was given On November 21, 2005, they will be hon- permission to address the House for 1 Common sense tells us: When you are ored by the Concho Valley Council of in a hole, stop digging. But we are still minute.) the Boy Scouts of America with the Mr. MURPHY. The United States digging, falling deeper into red ink Distinguished Citizen Award in rec- with this budget, beyond what we and must prepare for an avian flu pandemic ognition of their contributions to which could potentially kill tens of future generations of Americans can scouting and the citizens of San An- afford. thousands of people and cost tens of gelo. billions of dollars. Similar to the 1918 I urge my colleagues to vote against John Stanley Mayfield and Deanna this sham deficit reduction bill. influenza epidemic, the avian flu is a Lee Gilmore Mayfield married on Au- f primary cause of death where victims gust 22, 1964. They moved to San An- suffer a severe response of respiratory gelo after Stanley completed 51⁄2 years VETERANS DAY distress as their immune system is of service as an Air Force F–111 pilot. (Mr. PITTS asked and was given per- compromised. Since then, they have been active vol- mission to address the House for 1 Citizens should make sure they still unteers in San Angelo and throughout minute and to revise and extend his re- get their annual flu shot and practice Texas. They have dedicated their lives marks.) good hygiene, even though the likeli- to the service of others and deserve to Mr. PITTS. Mr. Speaker, tomorrow is hood of scenarios of flu pandemic will be recognized for their contributions. Veterans Day. On this holiday, it is not occur. But Congress needs to make In addition to volunteering as mem- certainly appropriate that we recognize sure we improve vaccine distribution bers of and on the board of directors of the sacrifice of our brave veterans that mechanisms, improve lines of commu- many charitable and community devel- have fought to protect our freedom in nications and take steps to mitigate opment organizations, both are active years past. panic to make sure that there is essen- members of the First Baptist Church But Veterans Day also provides a tial communication with local media and have served as appointees of Gov- good opportunity to note the progress outlets. ernor George W. Bush, Deanna as Vice our military is making today. Today, We also must increase vaccine pro- Chairman of the Texas Real Estate we are at war. Our troops are fighting duction and create incentives for phar- Commission and Stanley on the State in the cause of freedom. Just 3 years maceutical manufacturers to lower Bar of Texas. ago, Saddam Hussein wielded a brutal costs and promote cooperation. All this The proud parents of three children totalitarian regime over an oppressed means Congress must move forward to and seven grandchildren, their giving people. Today, Saddam is in jail and follow the President’s national strat- hearts have been inspirational to Iraqis have adopted a constitution up- egy for the pandemic influenza. many, and they have truly led by ex- holding the rule of law. Our effort to train and deploy new For further information, I encourage ample. I personally know of no two Iraqi security forces is also pro- my colleagues to visit my Web site at people more worthy, who have worked murphy.house.gov. gressing. As of October, over 206,000 harder, donated more time or who have Iraqi forces have been trained and been as valuable to their community as f equipped. Similar progress has been Stanley and Deanna Mayfield. They seen in Afghanistan. Each day we con- PRIORITIES serve as an inspiration to all those who tinue the rebuilding of these war-torn are lucky enough to be around them, countries. As a veteran, I am proud to (Mr. CHANDLER asked and was and I am honored to represent them in given permission to address the House say our military is not about occupa- the 11th Congressional District of tion; it is about freedom, our freedom for 1 minute.) Texas. Mr. CHANDLER. Mr. Speaker, the and freedom around the world. cuts to education, health care, housing f Mr. Speaker, as we take time tomor- and nutrition programs that we will THE DEFICIT REDUCTION BILL row to remember our living veterans, consider later today once again expose let us also recognize the noteworthy (Mr. BISHOP of New York asked and accomplishments of our troops serving the real agenda of the majority. was given permission to address the today and not forget the words on the This reconciliation package presents House for 1 minute.) Mall—‘‘Freedom Is Not Free.’’ a simple choice, either care for the Mr. BISHOP of New York. Mr. Speak- poor, the sick and the hungry, and help er, when explaining budget reconcili- f students attend college, or cut taxes ation to the American people, perhaps BUDGET RECONCILIATION for the wealthy and give yet another the closest thing we can compare it to (Ms. JACKSON-LEE of Texas asked handout to the oil industry. The choice is balancing a checkbook. Unless, of and was given permission to address seems almost too easy, but yet again, course, we are talking about the way the House for 1 minute and to revise our friends on the other side of the Congress balances its books. and extend her remarks.) aisle will sacrifice the moral principle On one side of the ledger, spending Ms. JACKSON-LEE of Texas. Mr. of caring for your neighbor in favor of cuts ostensibly earmarked for rebuild- Speaker, tomorrow we will honor our funneling billions in tax breaks and ing the gulf coast are in reality set Nation’s veterans. But the budget rec- government handouts to the most well aside for tax cuts, despite three con- onciliation legislation that we present off. secutive record-breaking deficits and $3 today will not honor our veterans, be- These are the priorities of the major- trillion in new debt. cause their families will be impacted ity. Increase our debt, punish the least Even after the tax cuts are in place, by the negative aspects of this legisla- among us, and line the pockets of the there won’t be anything left in the tion. wealthy. I urge my colleagues to op- other column to relieve Americans $11.9 billion in cuts in Medicaid will pose this misguided and immoral rec- from the misery left in the wake of impact the families of veterans. $50 bil- onciliation package. devastating hurricanes. lion cuts in Medicaid over 10 years will

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.002 H10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — HOUSE H10149 impact the families of veterans. $14.3 Those who would today cut food What kind of Congress cuts 330,000 billion in student loan cuts will impact stamps, school breakfast and school children from child care assistance, the children of veterans. And those Na- lunch benefits for the poor, thou shalt while giving special tax breaks to bow tional Guard and Reservists who came not harden thine heart. and arrow manufacturers, NASCAR home after battling in Iraq to Ala- Those who would cut rental housing track owners, and logging companies? bama, Mississippi, Texas, and Lou- benefits for hurricane victims, there is What kind of Congress cuts $14.5 bil- isiana will find that $7 billion has been a moral imperative about us being in lion from student college assistance, cut from the most vulnerable, and this House. And we cannot just look at the largest cut ever, while cutting their homes that have been destroyed this as business as usual when we taxes for millionaires? will be impacted by this budget be- choose to just cut benefits for the poor A Republican Congress, but of course. cause there will be no money at the and then turn around and give tax cuts Those are the wrong priorities for America. Americans know. end to be able to provide for the res- for the rich. Mr. Speaker, we should cut spending, toration of their lives. f but we should not do it by throwing This budget reconciliation legisla- MEDICARE our children under the bus. America tion will not honor our veterans. We can do better. It is time for a change. honor them tomorrow. Why do we not (Mr. NEUGEBAUER asked and was honor them today? We can do better. given permission to address the House f for 1 minute and to revise and extend CELEBRATING OUR VETERANS f his remarks.) (Mr. PRICE of Georgia asked and was b 1015 Mr. NEUGEBAUER. Mr. Speaker, this year is the 40th anniversary of given permission to address the House HONORING AMERICA’S VETERANS Medicare. Medicare has come a long for 1 minute.) Mr. PRICE of Georgia. Mr. Speaker, (Mr. WILSON of South Carolina way. Initially, it started off as a hos- tomorrow we celebrate Veterans Day asked and was given permission to ad- pitalization policy. Later we added to honor America’s most courageous dress the House for 1 minute and to re- physician benefits and physician visits and even some tests. Now we have put men and women of the past and the vise and extend his remarks.) present. In conflicts around the world, Mr. WILSON of South Carolina. Mr. the third leg of that stool on; and we are going, effective January 1, to add those serving in our military protect Speaker, as the son of a World War II our country and safeguard the values prescription drugs to Medicare, making veteran, as a 31-year veteran of mili- that Americans hold dear: safety and Medicare now a full health care policy tary service and the father of three freedom and democracy. sons serving today in the military, for our seniors. The Defense Department has a pro- The reason that Congress did this Veterans Day is particularly meaning- gram allowing a recorded phone call so was because many times the physicians ful to my family. America exists today that soldiers from my district serving would prescribe prescriptions for our only because of the courage of the men overseas can listen to it and then con- seniors, yet they would have to make a and women who wear the uniform of tact me. The opinions of those serving decision between buying food or the the United States military. Genera- our country are so very important, and prescription. Congress did not think tions of American soldiers have turned I encourage all Members of Congress to impossible challenges into incredible that was a good idea; and so effective participate in this program. victories, and they have earned our January 1, seniors will have a prescrip- Veterans Day is often marked by pa- highest respect. tion drug option. The sign-up begins rades. However, we in Congress must As troops continue to risk their lives next Tuesday, November 15. We encour- remember that the celebration of our in the war on terrorism, we are espe- age seniors to begin to go shopping. veterans is more than just a once-a- I held a town hall meeting in Abi- cially inspired by the bravery of Amer- year event. Over the past 5 years, we lene, Texas, on Monday at the Rose ica’s 25 million veterans. By risking have increased benefits to veterans by Park Senior Center and encouraged our their lives to protect our freedoms, over $20 billion, from the GI Bill to VA seniors to go shopping. One of the there is a greater spread of freedom home loan guarantees to benefits for things that was so important about today worldwide than ever in history. disabled veterans, widows, and depend- this new process was that we allowed We will forever remain grateful for ents. seniors the ability to make their own their service. However, dollars and cents cannot choices and brought competition in it. I would like to encourage all citizens measure the sacrifice of our soldiers. I urge our seniors to look very close- We enjoy our freedoms today because to take time on Friday to personally ly at this new great prescription drug express their sincere appreciation to of what they do every day of every benefit that has been provided for year. To those who have served, a the veterans of their communities. them. In conclusion, God bless our troops, grateful Nation says thank you. and we will never forget September 11 f f or the terrorist attacks on Jordan. REPUBLICAN BUDGET DOESN’T REPUBLICANS STIFLE OPEN AND f REFLECT AMERICA’S PRIORITIES MEANINGFUL DEBATE ON BUDG- (Mr. EMANUEL asked and was given ET RECONCILIATION BUDGET RECONCILIATION permission to address the House for 1 (Mr. COSTA asked and was given per- (Mr. KUCINICH asked and was given minute.) mission to address the House for 1 permission to address the House for 1 Mr. EMANUEL. Mr. Speaker, the Re- minute and to revise and extend his re- minute and to revise and extend his republican Congress is about to slash marks.) marks.) nearly $50 billion from investments in Mr. COSTA. Mr. Speaker, having Mr. KUCINICH. Mr. Speaker, I would our children’s future, in health care served in the California State legisla- like to begin our day here by quoting and education. Yet because of Repub- ture for 24 years, half of which was from the book of Deuteronomy, the lican priorities, they are going to actu- spent in a leadership role, I know how 15th chapter, the seventh verse: ally add $20 billion to the $3 trillion in to engage in a bipartisan process. This ‘‘If there be among you a poor man of our deficit. Only in a Republican Con- budget reconciliation bill is not bipar- one of thy brethren within any of thy gress. tisan. gates in thy land which the Lord thy What kind of Congress passes a budg- Rather than provide the House with God hath giveth thee, thou shalt not et that cuts $9.5 billion from children’s an opportunity to engage in a serious harden thine heart nor shut thine hand health care, affecting 6 million chil- and meaningful budget discussion, we from thy poor brother.’’ dren, while overpaying HMOs by $5.4 are left with this take-it-or-leave-it Remember this today when in the billion? What kind of Congress hands package that, if passed, will increase name of deficit reduction, you would out $16.5 billion to oil and gas compa- our budget deficit nearly $20 billion. vote to cut health care for poor chil- nies, while cutting 40,000 children’s nu- Rather than accept an offer by the dren. Thou shalt not harden thine trition programs and seniors from Blue Dogs to discuss our 12-point def- heart. home heating assistance? icit reduction alternative, we are left

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.004 H10NOPT1 H10150 CONGRESSIONAL RECORD — HOUSE November 10, 2005 with this plan as our only option. It is Well, I am here to tell my colleagues of the 12 provisions that would require a Hobson’s choice, which is no choice there is a cause for you and a cause for this Congress to come together and at all. me, and that cause is to stand up for make those very tough decisions; and Rather than do what our constitu- Americans, stand up for the American they will be tough, let us not deny it. ents expect us to do, which is discuss, people. We can do better. Let us vote Mr. Speaker, if we want to show fis- debate, and have meaningful oversight down this awful budget reconciliation. cal responsibility, if we want to do and make tough policy choices, we are f right by future generations, we will left with a budget reconciliation pack- come together in a bipartisan way. SUPPORT THE DEFICIT age that is nothing more than a fig leaf That is not what is happening today. It REDUCTION ACT to cover up a host of fiscal short- is very unfortunate. comings. (Mr. MARIO DIAZ-BALART of Flor- I encourage my colleagues to vote I may be new to Congress and the ida asked and was given permission to down this package today. process, but I know this budget rec- address the House for 1 minute.) f onciliation package is wrongheaded Mr. MARIO DIAZ-BALART of Flor- and sadly lacking in transparency. I ida. Mr. Speaker, today Congress will b 1030 urge a ‘‘no’’ vote. debate the Deficit Reduction Act of HONORING OUR VETERANS f 2005, which includes over $50 billion in mandatory savings. Thanks to the Re- (Mr. PENCE asked and was given per- TIME TO REDUCE FEDERAL publican majority in Congress, Mr. mission to address the House for 1 SPENDING Speaker, we have today the oppor- minute and to revise and extend his re- (Mrs. BLACKBURN asked and was tunity to reduce the size of the deficit, marks.) given permission to address the House protect the American taxpayer, lessen Mr. PENCE. Mr. Speaker, the Good for 1 minute and to revise and extend the burden on future generations, and Book tells us if you owe debts, pay her remarks.) also fund the priorities of the Amer- debts. If honor, then honor. If respect, Mrs. BLACKBURN. Mr. Speaker, ican people. then respect. As Washington, D.C., be- today, this body is going to address and Now, there are two reasons why the gins today to embark on a healthy de- pass the Deficit Reduction Act. While extreme left will not support this his- bate over the future course of the Fed- we are doing this, the left is out in full toric legislation. As a matter of fact, eral budget, I rise in the quiet of this force telling Americans that we are they will and they already have, like morning to pay a debt of gratitude to about to cut Medicaid. Chicken Little, claim that the sky is those that will be remembered in cere- Mr. Speaker, shame on them. falling, the sky is falling. The reason monies and parades wearing moth- Next year, under this bill, Medicaid that they will not support it is because balled uniforms and gray hair across will grow 7 percent. That is not a cut. tax increases and irresponsible spend- the land as Veterans Day is remem- We are taking the rate of growth from ing are nowhere to be found in this bill. bered and celebrated. 7.3 to 7 percent. In fact, this legislation reduces spend- Memorial Day in the spring is that If the left wants to lie about it, there day we remember those who did not is not a lot that we are going to be able ing and has no tax increases whatsoever, something that the left cannot come home; Veterans Day is the day to do to stop them, but the American that we remember those who did. I will people should know that they are not deal with. A vote, Mr. Speaker, in favor of this never forget a close friend of my late being told the truth. father, who said years after he re- So when the Democrats come down legislation is a vote against the left- wing economic agenda of tax increases turned from having served in combat in here today talking about how we are Korea, ‘‘I don’t think your dad ever got hurting the poor and hurting seniors and reckless spending, and for the American people. over the guilt of coming home.’’ and hurting children, they are being My dad said good-bye forever to f dishonest, because they know they can- many close friends who served along- not win this argument. The American BLUE DOGS OFFER ALTERNATIVE side of him in Korea, but he carried a people are ready to see Federal Govern- 12-POINT DEFICIT REDUCTION special weight, having fired shots in ment spending reduced. PACKAGE THAT IS BETTER FOR anger for the United States in uniform. f AMERICA Let us remember our veterans and cele- STANDING UP FOR AMERICA (Mr. MATHESON asked and was brate them across the land tomorrow. (Mr. SCOTT of Georgia asked and given permission to address the House f for 1 minute.) was given permission to address the BUDGET RECONCILIATION House for 1 minute and to revise and Mr. MATHESON. Mr. Speaker, later extend his remarks.) on today, the House is going to vote on (Ms. MATSUI asked and was given Mr. SCOTT of Georgia. Mr. Speaker, a budget reconciliation package and, permission to address the House for 1 who is telling the truth? The Demo- from what we are hearing, up is down minute and to revise and extend her re- crats are telling the truth on this. This and down is up. marks.) is smoke and mirrors, and the Repub- We are supposed to be here to be low- Ms. MATSUI. Mr. Speaker, a budget licans are offering a budget reconcili- ering the deficit. I am concerned about is about planning. It is about the fu- ation package that is definitely harm- the deficit. We should not be burdening ture. And for me the idea of the future ful to the American people. future generations with our consump- is intertwined with my granddaughter, We can do better, this Congress de- tion today. Yet the package being put Anna, who is 2 years old. We all have serves to do better, and the American forth today by the majority, the pack- someone like that, someone for whom people are expecting us to do better. age of spending cuts, but also tax cuts, we want to build a better tomorrow, Here is the truth: the truth is that is going to end up with an increase in but to do so we must address the real this is not deficit reduction. It will add our deficit of $16 billion. That is not challenges our Nation faces, including a total of $16 billion to our deficit. Here right. an ever-increasing debt. are the facts: The cuts are $54 billion. Look, deficit reduction is hard to do. Unfortunately, the package that we Yet there is a tax cut in here for $70 It requires some tough choices. The are dealing with today passes more billion. Separate it, the math is there: only way, in my opinion, that this Con- debt on to future generations, my Anna 54 from 70 is 16. It adds $16 billion just gress is going to take on those tough and your Anna, while making it more in adding the tax cuts to it. choices is if we put in a set of rules difficult for working families to I tell my colleagues, there was a that force us to do it. achieve the American dream. This does young fellow named David who came The Blue Dog Democrats have a 12- not reflect the values and priorities of from the sheep and they told him to go point plan that will put those provi- our constituents. back and mind his sheep, and he was to sions in place: a balanced budget The American people want courage, go get Goliath. David looked at him amendment to the Constitution, real leadership and shared sacrifice and we and said, Is there not a cause? pay-as-you-go rules. Those are just two are giving them a bill that is short-

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.006 H10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — HOUSE H10151 sighted, narrowly targeted and driven A motion to reconsider was laid on poses of informing us of the schedule by ideology instead of good policy. We the table. for the week to come. Mr. BLUNT. Mr. Speaker, I thank my could really do better. f friend from Maryland for yielding and f THE JOURNAL would say that the House will convene RECESS The SPEAKER pro tempore. Pursu- on Tuesday at 10:30 p.m. for morning The SPEAKER pro tempore (Mr. ant to clause 8 of rule XX, the pending hour and 12 noon for legislative busi- LAHOOD). Pursuant to clause 12(a) of business is the question of agreeing to ness. We will consider several measures rule I, the Chair declares the House in the Speaker’s approval of the Journal under suspension of the rules. A final recess subject to the call of the Chair. of the last day’s proceedings. list of those bills will be sent to Mem- Accordingly (at 10 o’clock and 32 The question is on the Speaker’s ap- bers’ offices by the end of the week. minutes a.m.), the House stood in re- proval of the Journal. Any votes called on these measures cess subject to the call of the Chair. Pursuant to clause 1, rule I, the Jour- will be rolled until 6:30 p.m. on Tues- nal stands approved. day. f For Wednesday and the balance of f b 1620 the week, the House will consider addi- AMENDMENT PROCESS FOR CON- tional legislation under suspension of AFTER RECESS SIDERATION OF H.R. 1065, the rules, as well as two measures The recess having expired, the House UNITED STATES BOXING COM- under a rule, H.R. 1065, the United was called to order by the Speaker pro MISSION ACT States Boxing Commission Act, and we anticipate either the budget or the tax tempore (Mr. LAHOOD) at 4 o’clock and (Mr. DREIER asked and was given 20 minutes p.m. reconciliation package on the floor permission to address the House for 1 next week. f minute.) We also anticipate that the House Mr. DREIER. Mr. Speaker, the Rules VACATING ORDERING OF YEAS will consider up to four additional ap- Committee may meet next week to AND NAYS ON H.R. 1953 AND H.R. propriations conference reports as grant a rule which could limit the 3665 those reports become available. We amendment process for floor consider- have every reason to believe that those Mr. BLUNT. Mr. Speaker, I ask unan- ation of H.R. 1065, the United States could all be available next week, and if imous consent that the House vacate Boxing Commission Act. they are, all of the appropriations bills the ordering of the yeas and nays on Any Member wishing to offer an will be passed individually and, with the motions to suspend the rules and amendment should submit 55 copies of the exception of the defense and home- pass H.R. 1953 and H.R. 3665 to the end the amendment and one copy of a brief land security bills, the collection of that the Chair may put the question on explanation of the amendment to the the others, individually and under last each motion de novo. Rules Committee in room H–312 of the year’s spending limit. The SPEAKER pro tempore. Is there Capitol by 12 noon on Tuesday. Mem- Mr. HOYER. Mr. Speaker, I thank objection to the request of the gen- bers are advised that the combined text the gentleman for that information. tleman from Missouri? from the committees of jurisdiction I also want to reiterate what I under- There was no objection. should be available for their review on stand has been the change in schedule f the Web sites of the Energy and Com- for all of our Members to note that we merce Committee, the Judiciary Com- will not be meeting on Monday, but SAN FRANCISCO OLD MINT mittee, the Education and the Work- Tuesday will be our day. I thank the COMMEMORATIVE COIN ACT force Committee and the Rules Com- gentleman for that information. The SPEAKER pro tempore. The mittee by later today. Which appropriation bills do you ex- question is on the motion offered by Members should use the Office of pect to come on the floor next week? the gentlewoman from New York (Mrs. Legislative Counsel to ensure that Mr. BLUNT. Well, there are four bills KELLY) that the House suspend the their amendments are drafted in the remaining, and we think any and all of rules and pass the bill, H.R. 1953, as most appropriate format and should those bills could be here next week. We amended. check with the Office of the Parliamen- have already sent the previous eight The question was taken; and (two- tarian to be certain that their amend- bills to the President’s desk, and so we thirds having voted in favor thereof) ments comply with the rules of the have the remaining bills, all of which the rules were suspended and the bill, House. are likely to be done by the end of next week. as amended, was passed. f A motion to reconsider was laid on Mr. HOYER. Mr. Speaker, I thank the table. PRIVILEGED REPORT ON RESOLU- the gentleman. Do you anticipate a TION OF INQUIRY TO THE PRESI- motion to go to conference on the DOD f DENT appropriations bill next week? Mr. BLUNT. I would expect to have VETERANS HOUSING AND EM- Mr. SMITH of New Jersey, from the PLOYMENT IMPROVEMENT ACT that conference motion next week. Committee on International Relations, Mr. HOYER. Do you know how early OF 2005 submitted an adverse privileged report in the week that might be? Obviously, The SPEAKER pro tempore. The (Rept. No. 109–291) on the resolution (H. as you know, there is a very important question is on the motion offered by Res. 505) requesting the President of motion to instruct which would be in the gentleman from Arkansas (Mr. the United States and directing the order at that time. Many of our Mem- BOOZMAN) that the House suspend the Secretary of State to provide to the bers are concerned about that. Would rules and pass the bill, H.R. 3665, as House of Representatives certain docu- you know when possibly that might be amended. ments in their possession relating to done? I yield to my friend. The question was taken; and (two- the White House Iraq group, which was Mr. BLUNT. Mr. Speaker, I thank my thirds having voted in favor thereof) referred to the House Calendar and or- friend for yielding to me. I do not know the rules were suspended and the bill, dered to be printed. exactly when in the week we would get as amended, was passed. f to that, but I am hopeful that enough The title of the bill was amended so staff work and other progress has been as to read: ‘‘A bill to provide adaptive LEGISLATIVE PROGRAM made on that bill that it could be on housing assistance to disabled veterans (Mr. HOYER asked and was given the floor next week. If it is on the floor residing temporarily in housing owned permission to address the House for 1 next week, we obviously would have to by a family member, to make certain minute.) go to the official conference sometime improvements in veterans employment Mr. HOYER. Mr. Speaker, I yield to midweek. assistance programs, and for other pur- my friend from Missouri (Mr. BLUNT), Mr. HOYER. I thank the gentleman. poses.’’. the acting majority leader, for the pur- The current CR, as you know, runs out

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.008 H10NOPT1 H10152 CONGRESSIONAL RECORD — HOUSE November 10, 2005 on Friday. First of all, presumably, we time, the pension bill, as the gen- The SPEAKER pro tempore. Is there anticipate another CR coming. I am tleman knows, which had passed objection to the request of the gen- sure we have to have another CR at through the Education and the Work- tleman from Missouri? least for some agencies. How long do force Committee, was considered by There was no objection. you think that CR would run? I yield Ways and Means and marked up on to my friend. Wednesday, I believe. Is it my col- f Mr. BLUNT. Mr. Speaker, I thank my league’s expectation that that might friend again for yielding. We are con- be on the floor next week as well? I APPOINTMENT OF HON. FRANK R. tinuing to consult with the Senate on yield to my friend. WOLF TO ACT AS SPEAKER PRO that. Of course, as a senior appropri- Mr. BLUNT. I thank my friend for TEMPORE, TO SIGN ENROLLED ator, as you well know, as we work the yielding. My expectation is not that we BILLS AND JOINT RESOLUTIONS appropriations bills out, the nature of would have that on the floor next THROUGH NOVEMBER 15, 2005 that CR changes. Ideally, we would not week, but that we would have that on The SPEAKER pro tempore laid be- have to have a CR because it would be the floor between now and the time we clear that we would have all the bills leave here for the end of this year. fore the House the following commu- passed by Friday. If not, we would have Mr. HOYER. Let me then go to that nication from the Speaker: to consult with the Senate, see how question about when is the end. As I WASHINGTON, DC, long they are willing to have a CR or understood from our previous col- November 10, 2005. I hereby appoint the Honorable FRANK R. how long we think is in the best inter- loquies, we are going to be out Friday WOLF to act as Speaker pro tempore to sign est of the process, but the appropria- for at least 14 days, that would be the enrolled bills and joint resolutions through tions work has gone well and I would Thanksgiving week and the week November 15, 2005. not see any being extended for a sig- thereafter. And then if we need to come J. DENNIS HASTERT, nificant period of time. back, am I correct that we are still Speaker of the House of Representatives. Mr. HOYER. Mr. Speaker, I thank looking at coming back the week of The SPEAKER pro tempore. Without the gentleman for that information. December 5? I yield to my friend. objection, the appointment is ap- The budget reconciliation bill, we did Mr. BLUNT. I thank my friend for proved. not take it up today and the manda- yielding. I understand everybody has There was no objection. tory spending cuts bill today. When their holiday plans or wants to begin might we consider that? to make their holiday plans. The gen- f Mr. BLUNT. I thank my friend again tleman is correct in his observations for yielding, and we are continuing to about our past discussion here. We DEMOCRATS ARE LIKE SIRENS work on that bill. We have asked our would not intend to be here the week of budget chairman to take one final look Thanksgiving or the week after (Ms. FOXX asked and was given per- at it. We have not had a mandatory re- Thanksgiving. We do plan to be back mission to address the House for 1 view of the mandatory programs in and do not see any reason we would not minute and to revise and extend her re- terms of looking at their budget for al- be, and every Member should antici- marks.) most a decade now. Frankly, what we pate being back the week of December Ms. FOXX. Mr. Speaker, I rise today are learning is when you have not done 5. to set the record straight on some of anything in almost 10 years, it takes a It is possible it could take 2 weeks to the false accusations in the debate over little longer to do it than you thought complete our work for the year and the majority’s plan to help reform gov- it would. that we could have some work even ernment and yield savings for Amer- We hoped to have that bill on the into the week that begins on December ican taxpayers. floor today. The appropriate eagerness 12. But we definitely intend to be here Unfortunately, some Members on the of Members to want to be sure and be the 5th and would encourage Members other side of the aisle have decided to home tomorrow for Veterans Day to plan to be here both of those weeks attack Republicans with false state- events and, frankly, the challenge of in case our work carries over into the ments which may sound true, but the last few details did not allow us to week following the week of December which actually ring false in their re- have that happen. So we have asked 5. That would be the week of December ality. the budget chairman to look at those 12. In fact, the Republican plan will help details again, and we hope to have that Mr. HOYER. Mr. Speaker, I thank save and strengthen Medicaid by reduc- bill on the floor next week. the gentleman for his information. ing waste, fraud and abuse, strengthen Mr. HOYER. Mr. Speaker, I thank f and simplify the student loan process, the gentleman. So it is possible that reduce our dependence on Middle East- ADJOURNMENT TO MONDAY, NO- that bill will be back next week? ern oil, restrict illegal immigrant ac- VEMBER 14, 2005 AND HOUR OF Mr. BLUNT. It is possible. I would cess to food stamps and Medicaid, and MEETING ON TUESDAY, NOVEM- like to say likely. I think it is likely it reduce the deficit by $50 billion. BER 15, 2005 will be back, and certainly, it is pos- The Democrats remind me of the si- sible it will be back next week. Mr. BLUNT. Mr. Speaker, I ask unan- rens in Greek mythology. Sirens would Mr. HOYER. Mr. Speaker, as I under- imous consent that when the House ad- sing beautiful songs to sailors who stand it, from your announcement, the journs today, it adjourn to meet at 6 were unable to resist the beautiful tax reconciliation bill will also be on p.m. on Monday next, and further, music and would try to swim or steer the floor next week? I yield to my when the House adjourns on that day, their boats to the music. The problem, friend. it adjourn to meet at 10:30 a.m. on Mr. Speaker, is that the sirens actually Mr. BLUNT. I thank my friend for Tuesday, November 15, 2005, for morn- lived on islands of sharp rocks that yielding. At this point, we are still ing hour debate. sank the sailors’ boats or stranded the talking to the Ways and Means chair- The SPEAKER pro tempore (Mr. sailors for eternity. man about his schedule of moving for- LAHOOD). Is there objection to the re- The Democrats, like sirens, are try- ward with that event. Like some of our quest of the gentleman from Missouri? ing to strand the American public on There was no objection. other chairmen, he is also involved in an island of myth. the mandatory spending reconciliation, f and we will be talking to him about his DISPENSING WITH CALENDAR f view of how he manages those two con- WEDNESDAY BUSINESS ON flicting things going on and whether WEDNESDAY NEXT SPECIAL ORDERS we can have them both going on at the same time or not. Mr. BLUNT. Mr. Speaker, I ask unan- The SPEAKER pro tempore. Under imous consent that the business in the Speaker’s announced policy of Jan- b 1630 order under the Calendar Wednesday uary 4, 2005, and under a previous order Mr. HOYER. I thank my colleague rule be dispensed with on Wednesday of the House, the following Members for that information. Reclaiming my next. will be recognized for 5 minutes each.

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.010 H10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — HOUSE H10153 IRAQ AND VETERANS DAY heroic Americans carrying it out. (Mr. POE addressed the House. His The SPEAKER pro tempore. Under a Nothing I saw changed my mind about remarks will appear hereafter in the previous order of the House, the gentle- the wrongness of our Iraq policy. But Extensions of Remarks.) woman from California (Ms. WOOLSEY) one thing did move me: I came away f is recognized for 5 minutes. from the trip absolutely awed by our The SPEAKER pro tempore. Under a Ms. WOOLSEY. Madam Speaker, the soldiers. They were even more com- previous order of the House, the gen- irony could not be thicker or, for that mitted, more dedicated, and more cou- tleman from Illinois (Mr. EMANUEL) is matter, sweeter. Today, the day before rageous than I had ever imagined. recognized for 5 minutes. Veterans Day, the Republican leader- Having met and talked with them, it (Mr. EMANUEL addressed the House. ship failed to gather the necessary pains me to the core that their fate His remarks will appear hereafter in votes to pass a shameful budget rec- rests in the hands of leaders who have the Extensions of Remarks.) failed them time and time again. The onciliation bill that will, among other f men and women who wear the uniform things, decrease funding for veterans. The SPEAKER pro tempore. Under a Somewhere Mr. DELAY should be left deserve so much more. They deserve civilian leaders who will put their safety previous order of the House, the gen- to wonder how the callously efficient tleman from Pennsylvania (Mr. arm-twisting regime that he installed before their own political interests. They deserve leaders who would not ENGLISH) is recognized for 5 minutes. in the House has crumbled so quickly. (Mr. ENGLISH addressed the House. The sheer audacity of trying to pass send them to Iraq on false pretenses on a poorly defined mission without all His remarks will appear hereafter in a budget reconciliation bill that pro- the Extensions of Remarks.) vides more tax breaks to the wealthy the tools they need and without a plan at the expense of important social-net to get them out of there; and they de- f programs for the poor is unbelievable. serve leaders who will give them ade- The SPEAKER pro tempore. Under a The programs slated to be cut include quate medical and financial support previous order of the House, the gen- health care for veterans, Medicaid, stu- when they come home. tleman from California (Mr. GEORGE dent loans, and child support enforce- For all the reasons I have mentioned MILLER) is recognized for 5 minutes. ment. today, it is time to bring our troops (Mr. GEORGE MILLER of California The idea that America’s Republican home from Iraq. We need to focus on addressed the House. His remarks will leaders would slash funding for vet- healing the wounds incurred over the appear hereafter in the Extensions of erans the day before they should be last 21⁄2 years of war and administering Remarks.) honoring them would be even more ap- to America’s domestic priorities. If we f palling than it already is if it were not want to truly honor our veterans on The SPEAKER pro tempore. Under a so commonplace. In fact, this pattern Veterans Day, the best thing we can do previous order of the House, the gen- has repeated itself throughout Presi- is prevent more veterans from being tleman from Maryland (Mr. WYNN) is dent Bush’s tenure in office. created. We could do this tomorrow, if recognized for 5 minutes. The U.S. invasion of Iraq in March we wanted to, by ending the war in Iraq (Mr. WYNN addressed the House. His 2003 coincided with the sharp decrease and bringing our troops home. That remarks will appear hereafter in the in veterans health care and other bene- would be the best gift of all. Extensions of Remarks.) fits for those who have bravely served f f in our Nation’s military. The backlog The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Under a at veterans hospitals had never been FOXX). Under a previous order of the previous order of the House, the gen- greater than when the United States House, the gentleman from Indiana tleman from Illinois (Mr. DAVIS) is rec- went to war in Iraq. Now, with more (Mr. BURTON) is recognized for 5 min- ognized for 5 minutes. than half a million soldiers having utes. (Mr. DAVIS of Illinois addressed the served in Iraq, the burden on the VA (Mr. BURTON of Indiana addressed House. His remarks will appear here- will only increase. the House. His remarks will appear after in the Extensions of Remarks.) And while the U.S. has spent over hereafter in the Extensions of Re- f $200 billion for military operations and marks.) reconstruction in Iraq over the past 2 The SPEAKER pro tempore. Under a f previous order of the House, the gen- years, during this same time period the The SPEAKER pro tempore. Under a Bush administration and the Repub- tleman from Maine (Mr. ALLEN) is rec- previous order of the House, the gen- ognized for 5 minutes. lican Congress have repeatedly refused tleman from Oregon (Mr. DEFAZIO) is to provide veterans with the benefits (Mr. ALLEN addressed the House. His recognized for 5 minutes. remarks will appear hereafter in the they have earned and the benefits they (Mr. DEFAZIO addressed the House. Extensions of Remarks.) deserve. His remarks will appear hereafter in Our Nation’s so-called leaders have the Extensions of Remarks.) f continually refused to fix the system The SPEAKER pro tempore. Under a f called ‘‘concurrent receipt,’’ whereby previous order of the House, the gen- The SPEAKER pro tempore. Under a veterans health benefits are deducted tleman from Washington (Mr. previous order of the House, the gen- from their retirement benefits. This MCDERMOTT) is recognized for 5 min- tleman from Arizona (Mr. FRANKS) is veterans tax is wrong, and it needs to utes. be fixed. Unfortunately, the Repub- recognized for 5 minutes. (Mr. FRANKS of Arizona addressed (Mr. MCDERMOTT addressed the licans in Congress are too busy trying the House. His remarks will appear House. His remarks will appear here- to pass bills that would make the rich hereafter in the Extensions of Re- after in the Extensions of Remarks.) even richer, instead of fixing real in- marks.) f equities in our system. Mr. Speaker, veterans deserve our re- f LEAVE OF ABSENCE spect not only on November 11, Vet- The SPEAKER pro tempore. Under a By unanimous consent, leave of ab- erans Day, but all throughout the year. previous order of the House, the gen- sence was granted to: They deserve our respect, they deserve tleman from California (Mr. SCHIFF) is Mrs. JONES of Ohio (at the request of our support, and they deserve all of the recognized for 5 minutes. Ms. PELOSI) for November 8 on account benefits our government has promised (Mr. SCHIFF addressed the House. of business in the district. His remarks will appear hereafter in them without scrimping, without ex- f ception, without escape clauses. They the Extensions of Remarks.) certainly did not offer any excuses f SPECIAL ORDERS GRANTED when they enlisted in our military. The SPEAKER pro tempore. Under a By unanimous consent, permission to Six weeks ago, I traveled to Iraq with previous order of the House, the gen- address the House, following the legis- a small congressional delegation to tleman from Texas (Mr. POE) is recog- lative program and any special orders learn more about the mission and the nized for 5 minutes. heretofore entered, was granted to:

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.013 H10NOPT1 H10154 CONGRESSIONAL RECORD — HOUSE November 10, 2005 (The following Members (at the re- Antitrust Reviews (RIN: 3150-AH78) received 5145. A letter from the Acting Assistant quest of Ms. WOOLSEY) to revise and ex- October 28, 2005, pursuant to 5 U.S.C. Secretary for Legislative Affairs, Depart- tend their remarks and include extra- 801(a)(1)(A); to the Committee on Energy and ment of State, transmitting a copy of Presi- neous material:) Commerce. dential Determination No. 2005-39 on Trans- 5137. A letter from the Secretary, Depart- fers of Defense Articles or Services for Libya Ms. WOOLSEY, for 5 minutes, today. ment of the Treasury, transmitting as re- for Chemical Weapons Destruction; to the Mr. DEFAZIO, for 5 minutes, today. quired by Executive Order 13313 of July 31, Committee on International Relations. Mr. SCHIFF, for 5 minutes, today. 2003, a 6-month periodic report on the na- 5146. A letter from the Acting Assistant Mr. EMANUEL, for 5 minutes, today. tional emergency with respect to Iran that Secretary for Legislative Affairs, Depart- Mr. GEORGE MILLER of California, for was declared in Executive Order 12170 of No- ment of State, transmitting a copy of Presi- 5 minutes, today. vember 14, 1979, pursuant to 50 U.S.C. 1641(c); dential Determination No. 2005-40 on Trans- to the Committee on International Rela- fers of Defense Articles or Services and Mr. WYNN, for 5 minutes, today. tions. Brokering Activities for Libya Relating to Mr. DAVIS of Illinois, for 5 minutes, 5138. A letter from the Director, Inter- Disposition of Libyan-owned C-130H Aircraft; today. nation Cooperation, Department of Defense, to the Committee on International Rela- Mr. ALLEN, for 5 minutes, today. transmitting pursuant to Section 27(f) of the tions. Mr. MCDERMOTT, for 5 minutes, Arms Export Control Act and Section 1(f) of 5147. A letter from the Acting Assistant today. Executive Order 11958, a copy of Transmittal Secretary for Legislative Affairs, Depart- (The following Members (at the re- No. 12-05 which informs of an intent to sign ment of State, transmitting pursuant to sec- an Memorandum of Agreement (MOA) be- quest of Mr. LAHOOD) to revise and ex- tion 3(d) of the Arms Export Control Act, tween the United States and India for Re- tend their remarks and include extra- certification regarding the proposed transfer search, Development, Testing, and Evalua- of major defense equipment from the Gov- neous material:) tion Projects, pursuant to 22 U.S.C. 2767(f); to ernment of the Netherlands (Transmittal No. Mr. FRANKS of Arizona, for 5 minutes, the Committee on International Relations. RSAT-05-05); to the Committee on Inter- today. 5139. A letter from the Director, Inter- national Relations. Mr. POE, for 5 minutes, today. national Cooperation, Department of De- 5148. A letter from the Acting Assistant Mr. ENGLISH of Pennsylvania, for 5 fense, transmitting pursuant to Section 27(f) Secretary for Legislative Affairs, Depart- minutes, today. of the Arms Export Control Act and Section ment of State, transmitting a report con- 1(f) of Executive Order 11958, a copy of Trans- cerning methods employed by the Govern- Mr. STEARNS, for 5 minutes, Novem- mittal No. 13-05 which informs of an intent ment of Cuba to comply with the United ber 15. to sign a Project Arrangement (PA) to the States-Cuba September 1994 ‘‘Joint Commu- f Navigation Warfare Technology Demon- nique’’ and the treatment by the Govern- strator and System Ptototype Projects ment of Cuba of persons returned to Cuba in ADJOURNMENT Memorandum of Understanding (MOU) be- accordance with the United States-Cuba May Ms. WOOLSEY. Madam Speaker, I tween the United States, Australia, Canada, 1995 ‘‘Joint Statement,’’ together known as and the United Kingdom, pursuant to 22 move that the House do now adjourn. the Migration Accords, pursuant to Public U.S.C. 2767(f); to the Committee on Inter- Law 105–277; to the Committee on Inter- The motion was agreed to; accord- national Relations. national Relations. ingly (at 4 o’clock and 43 minutes 5140. A letter from the Director, Inter- 5149. A letter from the Federal Register p.m.), under its previous order, the national Cooperation, Department of De- Certifying Officer, Department of the Treas- House adjourned until Monday, Novem- fense, transmitting pursuant to Section 27(f) ury, transmitting the Department’s final ber 14, 2005, at 6 p.m. of the Arms Export Control Act and Section rule—Federal Governemnt Participation in 1(f) of Executive Order 11958, a copy of Trans- the Automated Clearing House (RIN: 1510- f mittal No. 11-05 which informs of an intent AB04) received November 2, 2005, pursuant to EXECUTIVE COMMUNICATIONS, to sign an Memorandum of Agreement 5 U.S.C. 801(a)(1)(A); to the Committee on (MOA) between the United States and Aus- Government Reform. ETC. tralia concerning the Soldier Combat Sys- 5150. A letter from the Secretary, Depart- Under clause 8 of rule XII, executive tem, pursuant to 22 U.S.C. 2767(f); to the ment of Defense, transmitting the Depart- communications were taken from the Committee on International Relations. ment’s and the Office of Management and Speaker’s table and referred as follows: 5141. A letter from the Deputy Director, Budget’s intention to jointly file final regu- Defense Security Cooperation Agency, trans- lations for the National Security Personnel 5133. A letter from the General Counsel, mitting pursuant to the reporting require- System (NSPS), as authorized by the Na- Federal Energy Regulatory Commission, ments of Section 36(b)(1) of the Arms Export tional Defense Authorization Act for Fiscal transmitting the Commission’s ‘‘Major’’ Control Act, as amended, Transmittal No. 06- Year 2004; to the Committee on Government final rule—Regulations Implementing En- 16 , concerning the Department of the Navy’s Reform. ergy Policy Act of 2005; Pre-Filing Proce- proposed Letter(s) of Offer and Acceptance to 5151. A letter from the General Counsel, dures for Review of LNG Terminals and Spain for defense articles and services; to the Department of Housing and Urban Develop- Other Natural Gas Facilities [Docket No. Committee on International Relations. ment, transmitting a report pursuant to the RM05-31-000; Order No. 665] received October 5142. A letter from the Deputy Director, Federal Vacancies Reform Act of 1998; to the 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Defense Security Cooperation Agency, trans- Committee on Government Reform. the Committee on Energy and Commerce. mitting pursuant to the reporting require- 5152. A letter from the General Counsel, 5134. A letter from the Director, Regula- ments of Section 36(b)(1) of the Arms Export Department of Housing and Urban Develop- tions Policy and Management Staff, Food Control Act, as amended, Transmittal No. 06- ment, transmitting a report pursuant to the and Drug Administration, transmitting the 17, concerning the Department of the Air Federal Vacancies Reform Act of 1998; to the Administration’s final rule—Cold, Cough, Al- Force’s proposed Letter(s) of Offer and Ac- Committee on Government Reform. lergy, Bronchodilator, and Antiasthmatic ceptance to Greece for defense articles and 5153. A letter from the General Counsel, Drug Products for Over-the-Counter Human services; to the Committee on International Department of Housing and Urban Develop- Use; Amendment of Final Monograph for Relations. ment, transmitting a report pursuant to the Over-the-Counter Nasal Decongestant Drug 5143. A letter from the Deputy Assistant Federal Vacancies Reform Act of 1998; to the Products [Docket No. 2004N-0289] (RIN: 0910- Secretary for Export Administration, De- Committee on Government Reform. AF34) received October 25, 2005, pursuant to 5 partment of Commerce, transmitting the De- 5154. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on En- partment’s final rule—Removal of License Department of Housing and Urban Develop- ergy and Commerce. Requirements for Exports and Reexports to ment, transmitting a report pursuant to the 5135. A letter from the Director, Regula- India of Items Controlled Unilaterally for Federal Vacancies Reform Act of 1998; to the tions Policy and Management Staff, Food Nuclear Nonproliferation Reasons and Re- Committee on Government Reform. and Drug Administration, transmitting the moval of Certain Indian Entities from the 5155. A letter from the Assistant Attorney Administration’s final rule—Medical De- Entity List [Docket No. 050822227-5227-01] General for Administration, Department of vices; Immunology and Microbiology De- (RIN: A694-AD44) received September 1, 2005, Justice, transmitting the Department’s final vices; Classification of AFP-L3% pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Privacy Act of 1974; Implementation Immunological Test Systems [Docket No. mittee on International Relations. [AAG/A Order No. 007-2005] received Sep- 2005N-0341] received October 25, 2005, pursu- 5144. A letter from the Acting Assistant tember 1, 2005, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Secretary for Legislative Affairs, Depart- 801(a)(1)(A); to the Committee on Govern- on Energy and Commerce. ment of State, transmitting the Depart- ment Reform. 5136. A letter from the Director, Office of ment’s final rule—Amendments to the Inter- 5156. A letter from the Chairman, Federal Congressional Affairs, Nuclear Regulatory national Traffic in Arms Regulations: Part Maritime Commission, transmitting a report Commission, transmitting the Commission’s 126 (Z-RIN: 1400-ZA17) received November 1, on the Annual Inventory of Commercial and final rule—Price-Anderson Act Financial 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Inherently Governmental Activities for 2005, Protection Regulations and Elimination of Committee on International Relations. in accordance with Section 2 of the Federal

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K10NO7.027 H10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — HOUSE H10155 Activities Inventory Reform Act of 1998; to 5169. A letter from the Rules Adminis- Trade Administration, transmitting the Ad- the Committee on Government Reform. trator, Bureau of Prisons, Department of ministration’s final rule—Procedures for 5157. A letter from the Director, Holocaust Justice, transmitting the Department’s final Conducting Five-year (‘‘Sunset’’) Reviews of Memorial Museum, transmitting a strategic rule—Inmate Fees for Health Care Services Antidumping and Countervailing Duty Or- plan for the United States Holocaust Memo- [BOP-1111-F] (RIN: 1120-AB11) received Au- ders [Docket No. 050803215-5260-02] (RIN: 0625- rial Museum, as required under the Govern- gust 12, 2005, pursuant to 5 U.S.C. AA69) received October 28, 2005, pursuant to ment Performance and Results Act of 1993; 801(a)(1)(A); to the Committee on the Judici- 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Government Reform. ary. Ways and Means. 5158. A letter from the Office of the Dis- 5170. A letter from the Chief, Regulations 5179. A letter from the Regulations Coordi- trict of Columbia Auditor, transmitting a re- and Administrative Law, USCG, Department nator, CMS, Department of Health and port entitled, ‘‘Audit of Advisory Neighbor- of Homeland Security, transmitting the De- Human Services, transmitting the Depart- hood Commission 4D for Fiscal Years 2003 partment’s final rule—Safety Zone; Oswego ment’s ‘‘Major’’ final rule—Medicare Pro- Through 2005, as of March 31, 2005’’; to the Harbor Fest Fireworks, Lake Ontario, gram; E-Prescribing and the Prescription Committee on Government Reform. Oswego, NY [CGD09-05-100] (RIN: 1625-AA00) Drug Program [CMS-0011-F] (RIN: 0938-AN49) 5159. A letter from the General Counsel, Of- received September 8, 2005, pursuant to 5 received November 3, 2005, pursuant to 5 fice of Government Ethics, transmitting the U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); jointly to the Committees Office’s FAIR Act Inventory for FY 2005; to Transportation and Infrastructure. on Energy and Commerce and Ways and the Committee on Government Reform. 5171. A letter from the Chief, Regulations Means. 5160. A letter from the Director, Office of and Administrative Law, USCG, Department 5180. A letter from the Regulations Coordi- Personnel Management, transmitting the Of- of Homeland Security, transmitting the De- nator, CMS, Department of Health and fice’s final rule—Federal Employees’ Retire- partment’s final rule—Safety Zone; Rohr- Human Services, transmitting the Depart- bach’s Ontario Regatta, Hamlin Beach State ment System; Death Benefits and Employee ment’s ‘‘Major’’ final rule—Medicare Pro- Park, Monroe County, NY [CGD09-05-101] Refunds (RIN: 3206-AK57) received September gram; Home Health Prospective Payment (RIN: 1625-AA00) received September 8, 2005, 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to System Rate Update for Calendar Year 2006 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Government Reform. [CMS-1301-F] (RIN: 0938-AN44) received No- mittee on Transportation and Infrastruc- 5161. A letter from the Director, Office of vember 3, 2005, pursuant to 5 U.S.C. Personnel Management, transmitting the Of- ture. 5172. A letter from the Chief, Regulations 801(a)(1)(A); jointly to the Committees on fice’s final rule—Examining System (RIN: Energy and Commerce and Ways and Means. 3206-AK85) received August 12, 2005, pursuant and Administrative Law, USCG, Department to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- f Government Reform. partment’s final rule—Safety Zone; Camp Rilea Offshore Small Arms Firing Range; REPORTS OF COMMITTEES ON 5162. A letter from the Director, Office of PUBLIC BILLS AND RESOLUTIONS Personnel Management, transmitting the Of- Warrenton, Oregon [CGD13-05-030] (RIN: 1625- fice’s final rule—Excepted Service; Career AA11) received September 8, 2005, pursuant Under clause 2 of rule XIII, reports of and Career-Conditional Employment (RIN: to 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk 3206-AJ28) received August 12, 2005, pursuant Transportation and Infrastructure. 5173. A letter from the Chief, Regulations for printing and reference to the proper to 5 U.S.C. 801(a)(1)(A); to the Committee on calendar, as follows: Government Reform. and Administrative Law, USCG, Department 5163. A letter from the Office of Special of Homeland Security, transmitting the De- Mr. OXLEY: Committee on Financial Serv- Counsel, transmitting the Office’s Fiscal partment’s final rule—Safety and Security ices. H.R. 4146. A bill to facilitate recovery Year 2005 Report on Agency Management of Zones; Liquefied Hazardous Gas Vessel, Liq- from the effects of Hurricane Rita and Hurri- Commercial Activities Under the Federal uefied Hazardous Gas Facility and Des- cane Wilma by providing greater flexibility Activities Inventory Reform (FAIR) Act of ignated Vessel Transits, New York Marine for, and temporary waivers of certain re- Inspection Zone and Captain of the Port 1998; to the Committee on Government Re- quirements and fees imposed on, depository Zone [CGD01-05-072] (RIN: 1625-AA00) reform. institutions, credit unions, and Federal regu- 5164. A letter from the Director, Selective ceived September 8, 2005, pursuant to 5 latory agencies, and for other purposes Service System, transmitting the FY 2005 re- U.S.C. 801(a)(1)(A); to the Committee on (Rept. 109–282). Referred to the Committee of port pursuant to the Federal Managers’ Fi- Transportation and Infrastructure. the Whole House on the State of the Union. 5174. A letter from the Chief, Regulations nancial Integrity Act, pursuant to 31 U.S.C. Mr. POMBO: Committee on Resources. and Administrative Law, USCG, Department 3512(c)(3); to the Committee on Government House Concurrent Resolution 267. Resolution of Homeland Security, transmitting the De- expressing the sense of the Congress uphold- Reform. partment’s final rule—Safety Zone; Sisters 5165. A letter from the Assistant Secretary, ing the Makah Tribe treaty rights: with Creek, Jacksonville, FL [COTP Jacksonville Land and Minerals Management, Depart- amendments (Rept. 109–283). Referred to the 05-092] (RIN: 1625-AA00) received September ment of the Interior, transmitting the De- House Calendar. 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule—Oil, Gas, and Sulphur Mr. POMBO: Committee on Resources. the Committee on Transportation and Infra- Operations and Leasing in the Outer Conti- H.R. 323. A bill to redesignate the Ellis Is- structure. land Library on the third floor of the Ellis nental Shelf (OCS)—Waiver of Fees (RIN: 5175. A letter from the Chief, Regulations Island Immigration Museum, located on 1010-AD27) received October 27, 2005, pursuant and Administrative Law, USCG, Department Ellis Island in New York Harbor, as the ‘‘Bob to 5 U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- Hope Memorial Library’’ (Rept. 109–284). Re- Resources. partment’s final rule—Safety Zone Regula- ferred to the Committee of the Whole House 5166. A letter from the Assistant Secretary tions, New Tacoma Narrows Bridge Con- on the State of the Union. for Policy, Management and Budget, Depart- struction Project [CGD13-05-028] (RIN: 1625- Mr. POMBO: Committee on Resources. ment of the Interior, transmitting a report AA00) received September 8, 2005, pursuant on the results and conclusions of environ- to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 679. A bill to direct the Secretary of the mental investigations of areas of Naval Oil Transportation and Infrastructure. Interior to convey a parcel of real property Shale Reserve Number 3 and an estimate of 5176. A letter from the Director, Regula- to Beaver County, Utah (Rept. 109–285). Re- the total costs necessary to address the tions and Rulings Division, Alcohol & To- ferred to the Committee of the Whole House site’s environmental conditions, pursuant to bacco Tax & Trade Bureau, Department of on the State of the Union. Public Law 105–85; to the Committee on Re- the Treasury, transmitting the Department’s Mr. POMBO: Committee on Resources. sources. final rule—Establishment of the Red Hill H.R. 1096. A bill to establish the Thomas Edi- 5167. A letter from the Secretary, Depart- Douglas County, OR Viticultural Area son National Historical Park in the State of ment of Commerce, transmitting the Depart- (2001R-88P) [T.D. TTB-35; Re: ATF Notices New Jersey as the successor to the Edison ment’s biennial report on the Nos. 960 and 966; TTB Notice Nos. 6 and 31] National Historic Site; with an amendment Adminsitration of the Coastal Zone Manage- (RIN: 1513-AA39) received October 25, 2005, (Rept. 109–286). Referred to the Committee of ment Act by the Office of Ocean and Coastal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Whole House on the State of the Union. Resource Management, National Ocean Serv- mittee on Ways and Means. Mr. POMBO: Committee on Resources. ice, National Oceanic and Atmospheric Ad- 5177. A letter from the Director, Regula- H.R. 1436. A bill to remove certain use re- ministration for fiscal years 2002 and 2003, tions and Rulings Division, Alcohol & To- strictions on property located in Navajo pursuant to 16 U.S.C. 1451 et seq.; to the bacco Tax & Trade Bureau, Department of County, Arizona (Rept. 109–287). Referred to Committee on Resources. the Treasury, transmitting the Department’s the Committee of the Whole House on the 5168. A letter from the Assistant Secretary, final rule—Establishment of the Dos Rios State of the Union. Policy, Management and Budget, OFM, De- Viticultural Area (2004R-0173P) [T.D. TTB-34; Mr. POMBO: Committee on Resources. partment of the Interior, transmitting the Re: Notice No. 37] (RIN: 1513-AA95) received H.R. 1564. A bill to authorize the Secretary of Department’s final rule—Administrative October 25, 2005, pursuant to 5 U.S.C. the Interior to convey certain buildings and Wage Garnishment (RIN: 1090-AA93) received 801(a)(1)(A); to the Committee on Ways and lands of the Yakima Project, Washington, to July 28, 2005, pursuant to 5 U.S.C. Means. the Yakima-Tieton Irrigation District (Rept. 801(a)(1)(A); to the Committee on the Judici- 5178. A letter from the Senior Counsel, Of- 109–288). Referred to the Committee of the ary. fice of the General Counsel, International Whole House on the State of the Union.

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Mr. POMBO: Committee on Resources. By Mr. CANNON (for himself, Mr. Mr. ABERCROMBIE, Mr. CAPUANO, and H.R. 1972. A bill to direct the Secretary of BISHOP of Utah, and Mr. MATHESON): Mr. BLUMENAUER): the Interior to conduct a special resource H.R. 4295. A bill to designate the facility of H.R. 4304. A bill to designate the Republic study to determine the suitability and feasi- the United States Postal Service located at of Korea as a program country under the bility of including in the National Park Sys- 12760 South Park Avenue in Riverton, Utah, visa waiver program established under sec- tem certain sites in Williamson County, Ten- as the ‘‘Mont and Mark Stephensen Veterans tion 217 of the Immigration and Nationality nessee, relating to the Battle of Franklin; Memorial Post Office Building‘‘; to the Com- Act; to the Committee on the Judiciary. with an amendment (Rept. 109–289). Referred mittee on Government Reform. By Mrs. MUSGRAVE (for herself, Mr. to the Committee of the Whole House on the By Mr. SODREL (for himself, Mr. FEENEY, Mr. GINGREY, Mr. KING of State of the Union. WESTMORELAND, Mr. TIAHRT, Mr. Iowa, Mr. GARRETT of New Jersey, Mr. POMBO: Committee on Resources. COLE of Oklahoma, Mr. FRANKS of Ar- Mr. JINDAL, Mr. DOOLITTLE, Mr. BAR- H.R. 3443. A bill to direct the Secretary of izona, Mr. PENCE, Mr. ROHRABACHER, RETT of South Carolina, Mr. WILSON the Interior to convey certain water dis- Mr. WILSON of South Carolina, Mr. of South Carolina, Mr. KLINE, Mr. tribution facilities to the Northern Colorado SHADEGG, Mr. CULBERSON, Mr. JONES COLE of Oklahoma, Mr. WESTMORE- Water Conservancy District (Rept. 109–290). of North Carolina, Mr. COBLE, Mr. LAND, Mr. ISSA, Mr. WELDON of Flor- Referred to the Committee of the Whole KUHL of New York, Mr. MCCAUL of ida, Mr. FORTENBERRY, and Mr. House on the State of the Union. Texas, Mr. BOUSTANY, Mr. MARCHANT, HENSARLING): Mr. HYDE: Committee on International Ms. FOXX, Mr. GOHMERT, and Mr. H.R. 4305. A bill to amend the Internal Rev- Relations. House Resolution 505. Resolution HOSTETTLER): enue Code of 1986 to provide increased ex- requesting the President of the United H.R. 4296. A bill to amend title 11 of the pensing for section 179 property in the Gulf States and directing the Secretary of State United States Code with respect to avoidable Opportunity Zone; to the Committee on to provide the House of Representatives cer- preferences; and to amend title 28 of the Ways and Means. tain documents in their possession relating United States Code with respect to venue for By Mr. POE (for himself, Mr. SOUDER, to the White House Iraq Group; adversely proceedings to avoid preferences under sec- Mr. CULBERSON, Mrs. MUSGRAVE, Mr. (Rept. 109–291). Referred to the House Cal- tion 547 of title 11 of the United States Code; KENNEDY of Minnesota, Mr. PITTS, endar. to the Committee on the Judiciary. Mrs. MYRICK, Mr. GINGREY, Mr. GOOD- By Mr. THOMAS: LATTE, Mr. GUTKNECHT, Mr. DOO- f H.R. 4297. A bill to provide for reconcili- LITTLE, Mr. BARRETT of South Caro- ation pursuant to section 201(b) of the con- PUBLIC BILLS AND RESOLUTIONS lina, Mr. GOHMERT, Mr. WESTMORE- current resolution on the budget for fiscal LAND, Mr. PAUL, and Mr. MARCHANT): Under clause 2 of rule XII, public year 2006; to the Committee on Ways and bills and resolutions were introduced H.R. 4306. A bill to direct the Secretary of Means. State to make publicly available informa- and severally referred, as follows: By Ms. BALDWIN: tion related to certain funding provided to H.R. 4298. A bill to clarify the effective By Mr. FRANK of Massachusetts (for nongovernmental organizations by the De- date of the modification of treatment for re- himself, Mr. GEORGE MILLER of Cali- partment of State; to the Committee on tirement annuity purposes of part-time serv- fornia, Mr. OBEY, Mr. RANGEL, Mr. International Relations. ice before April 7, 1986, of certain Depart- SABO, and Ms. VELA´ ZQUEZ): By Mr. ROGERS of Alabama (for him- ment of Veterans Affairs health-care profes- H.R. 4291. A bill to amend the Securities self, Mr. MCCAUL of Texas, and Mr. Exchange Act of 1934 to require additional sionals; to the Committee on Veterans’ Af- fairs. PEARCE): disclosure to shareholders of executive com- H.R. 4307. A bill to require the Secretary of By Mr. BOREN: pensation; to the Committee on Financial Homeland Security to annually compile data Services. H.R. 4299. A bill to authorize the President to present a gold medal on behalf of the Con- relating to unauthorized aliens who cross the By Mr. POMBO (for himself and Mr. gress to the Choctaw Code Talkers in rec- borders into the United States; to the Com- RAHALL): mittee on Homeland Security. H.R. 4292. A bill to amend Public Law 107- ognition of their contributions to the Na- tion, and for other purposes; to the Com- By Mr. WAXMAN (for himself, Ms. 153 to further encourage the negotiated set- SOLIS, Ms. SLAUGHTER, and Mr. tlement of tribal claims; to the Committee mittee on Financial Services. By Mr. FERGUSON (for himself, Mr. PALLONE): on Resources. H.R. 4308. A bill to amend the Toxic Sub- BROWN of South Carolina, Mr. GOODE, By Mr. WAXMAN (for himself, Mr. DIN- stances Control Act to reduce the exposure Mr. SIMMONS, Mr. SANDERS, and Mr. GELL, Mr. RANGEL, Mr. BROWN of of children, workers, and consumers to toxic UDALL of Colorado): Ohio, Mr. STARK, Mrs. CAPPS, Ms. H.R. 4300. A bill to amend the Internal Rev- chemical substances; to the Committee on SCHAKOWSKY, Mr. BACA, Ms. BALDWIN, enue Code of 1986 to extend the credit for res- Energy and Commerce. Mr. BERMAN, Mr. BRADY of Pennsyl- idential energy efficient property and cer- By Mr. WU: vania, Ms. CORRINE BROWN of Florida, tain expiring provisions of the energy credit; H.R. 4309. A bill to amend title 38, United Mr. CHANDLER, Mr. CLAY, Mr. FRANK to the Committee on Ways and Means. States Code, to improve services for veterans of Massachusetts, Mr. GRIJALVA, Mr. By Ms. HERSETH: residing in rural areas; to the Committee on GUTIERREZ, Mr. HINCHEY, Mr. H.R. 4301. A bill to direct the Secretary of Veterans’ Affairs. HOLDEN, Ms. KAPTUR, Mr. KILDEE, the Interior to convey certain parcels of land By Mr. BROWN of Ohio (for himself, Mr. KUCINICH, Mrs. MALONEY, Mr. acquired for the Blunt Reservoir and Pierre Mr. JONES of North Carolina, Ms. MARKEY, Mrs. MCCARTHY, Mr. Canal features of the initial stage of the SOLIS, Ms. SCHAKOWSKY, Ms. LEE, Mr. MCDERMOTT, Mr. MCNULTY, Mr. MEE- Oahe Unit, James Division, South Dakota, to GEORGE MILLER of California, and Ms. HAN, Mr. MOORE of Kansas, Ms. NOR- the Commission of Schools and Public Lands KAPTUR): TON, Mr. OWENS, Mr. PALLONE, Ms. and the Department of Game, Fish, and H. Con. Res. 295. Concurrent resolution ROYBAL-ALLARD, Mr. RUSH, Mr. Parks of the State of South Dakota for the providing that any agreement relating trade SANDERS, Mr. THOMPSON of Mis- purpose of mitigating lost wildlife habitat, and investment that is negotiated by the ex- sissippi, Mr. VAN HOLLEN, Ms. WA- on the condition that the current pref- ecutive branch with other countries must TERS, Mr. WEXLER, Mr. WYNN, Ms. erential leaseholders shall have an option to comply with certain minimum standards; to SOLIS, and Mr. HOLT): purchase the parcels from the Commission, the Committee on Ways and Means. H.R. 4293. A bill to amend titles XVIII and and for other purposes; to the Committee on By Mr. NADLER: XIX of the Social Security Act to establish Resources. H. Con. Res. 296. Concurrent resolution ex- minimum requirements for nurse staffing in By Mrs. JONES of Ohio: pressing the sense of Congress that there is nursing facilities receiving payments under H.R. 4302. A bill to require, in the event of no honor in ‘‘honor killings’’; to the Com- the Medicare or Medicaid Program; to the any future round of base realignments and mittee on International Relations. Committee on Energy and Commerce, and in closures, the prompt release of all military By Ms. ROS-LEHTINEN (for herself, addition to the Committee on Ways and value data used by the Secretary of Defense Mr. ACKERMAN, Mrs. BLACKBURN, and Means, for a period to be subsequently deter- to prepare the recommendations of the Sec- Mr. FORD): mined by the Speaker, in each case for con- retary for the realignment and closure of H. Res. 545. A resolution expressing the sideration of such provisions as fall within military installations; to the Committee on sense of the House of Representatives on the the jurisdiction of the committee concerned. Armed Services. arrest of Sanjar Umarov in Uzbekistan; to By Mr. PORTER: By Ms. MOORE of Wisconsin (for her- the Committee on International Relations. H.R. 4294. A bill to authorize the Secretary self and Mr. ROGERS of Kentucky): By Ms. ROS-LEHTINEN (for herself, of the Interior to enter into cooperative H.R. 4303. A bill to amend the Small Busi- Mr. ACKERMAN, Mr. LANTOS, Mr. agreements to protect natural resources of ness Investment Act of 1958 to reauthorize CHABOT, Mr. BERMAN, Mr. PENCE, Mr. units of the National Park System through and expand the New Markets Venture Cap- ENGEL, Mr. BURTON of Indiana, Mr. collaborative efforts on land inside and out- ital Program, and for other purposes; to the MCCOTTER, Mr. ISSA, Mr. PITTS, Ms. side of units of the National Park System, Committee on Small Business. WATSON, Mr. WEXLER, Mr. WILSON of and for other purposes; to the Committee on By Mr. MORAN of Virginia (for him- South Carolina, Mr. TANCREDO, Mr. Resources. self, Ms. BORDALLO, Mr. MCCOTTER, POE, Mr. SHAYS, Mr. CROWLEY, Mr.

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LINCOLN DIAZ-BALART of Florida, Mr. FLAKE, Mr. GINGREY, Mr. KLINE, Mr. H.R. 1940: Ms. CARSON. BARRETT of South Carolina, Mr. CHOCOLA, Mr. COLE of Oklahoma, Mr. H.R. 1951: Mrs. LOWEY and Mr. REHBERG. SCHIFF, Mr. MEEKS of New York, Ms. TIAHRT, Mr. WESTMORELAND, Mr. H.R. 2012: Mr. LAHOOD. BERKLEY, Mr. MACK, Mr. BOOZMAN, FRANKS of Arizona, Mr. MCHENRY, H.R. 2059: Mr. ALLEN. Ms. HARRIS, Mr. HASTINGS of Florida, Mr. ADERHOLT, Mr. BRADY of Texas, H.R. 2089: Mr. OTTER. Mrs. JO ANN DAVIS of Virginia, Mr. Mr. GARRETT of New Jersey, Mr. H.R. 2180: Mr. BRADY of Texas. CHANDLER, Mr. SHERMAN, Mr. KIRK, ISSA, Mr. BARTLETT of Maryland, Mr. H.R. 2233: Mr. FRANK of Massachusetts. Mr. MCCAUL of Texas, Mr. ROYCE, Mr. GOODE, Mr. SHADEGG, Mr. RYAN of H.R. 2328: Mr. PICKERING and Mr. FOLEY. FORTENBERRY, Mr. TANNER, Mr. KING Wisconsin, Mr. JINDAL, Mr. RYUN of H.R. 2669: Mr. CLAY and Mr. CARDIN. of New York, and Mr. MARIO DIAZ- Kansas, Mr. SAM JOHNSON of Texas, H.R. 2671: Ms. SOLIS and Mrs. CAPPS. BALART of Florida): Mr. PITTS, Mr. WAMP, Mr. BARRETT of H.R. 2682: Mr. GRIJALVA. H. Res. 546. A resolution condemning in the South Carolina, Mr. ROHRABACHER, H.R. 2694: Mr. SALAZAR. strongest terms the terrorist attacks that Mr. WILSON of South Carolina, Mr. H.R. 2715: Mr. DEFAZIO. occurred on November 9, 2005, in Amman, CULBERSON, Mr. CANNON, Mr. H.R. 2717: Mr. HIGGINS, Mr. WYNN, and Mr. Jordan; to the Committee on International HENSARLING, Mrs. CUBIN, Mr. AKIN, SANDERS. Relations. Mr. KING of Iowa, Mr. BACHUS, Mrs. H.R. 2793: Mr. BAIRD, Mr. SHAW, and Mr. By Mr. MURPHY (for himself, Mr. JO ANN DAVIS of Virginia, Mr. ROYCE, SMITH of Washington. PITTS, Mr. POE, Mr. RYUN of Kansas, Mr. HERGER, Mr. MILLER of Florida, H.R. 2803: Mr. MCHENRY, Mr. LATHAM, Mr. Mrs. MYRICK, Mr. GINGREY, Mr. KING Mr. BURGESS, Mr. NEUGEBAUER, Mr. DUNCAN, and Ms. BERKLEY. of Iowa, Mr. GARRETT of New Jersey, MCCAUL of Texas, Mr. HAYWORTH, Mr. H.R. 2869: Mr. DOYLE. UHL RICE Mr. K of New York, Mr. P of STEARNS, Mr. BURTON of Indiana, H.R. 2963: Mr. RYAN of Wisconsin. Georgia, Mr. MCHENRY, Mr. JINDAL, Mrs. MYRICK, Ms. FOXX, Mr. NOR- H.R. 3005: Mr. ALLEN, Mr. FATTAH, Ms. Mr. ISSA, Mr. DOOLITTLE, Mr. WOOD, Mrs. MUSGRAVE, Ms. HART, and DEGETTE, and Mr. FITZPATRICK of Pennsyl- CHOCOLA, Mr. BARRETT of South Mrs. BLACKBURN): vania. Carolina, Mr. GOHMERT, Mr. H. Res. 551. A resolution honoring National H.R. 3006: Mr. FATTAH and Mr. WEXLER. ADERHOLT, Mr. KLINE, Mr. WEST- Review magazine on its 50th anniversary for H.R. 3063: Mr. FATTAH and Mr. GENE GREEN MORELAND, Mr. TIAHRT, Mr. COLE of its contribution to the national political dis- of Texas. Oklahoma, Mr. WAMP, Mr. course; to the Committee on Government H.R. 3127: Ms. VELA´ ZQUEZ. FORTENBERRY, Mr. RYAN of Wis- Reform. H.R. 3195: Mr. LIPINSKI, Mr. OWENS, Mrs. consin, Mr. BARTLETT of Maryland, MALONEY, Mr. LARSEN of Washington, Mr. Mr. ROHRABACHER, Mrs. MUSGRAVE, f ROSS, and Mr. FARR. Mr. NEUGEBAUER, Mr. FEENEY, Mr. PRIVATE BILLS AND H.R. 3301: Mr. PENCE. PENCE, Mr. HENSARLING, Mr. RESOLUTIONS H.R. 3312: Mr. LARSON of Connecticut. HOSTETTLER, Mr. SULLIVAN, Mr. H.R. 3373: Mr. JACKSON of Illinois, Mr. MCKEON, Ms. HART, Mrs. BLACKBURN, Under clause 3 of rule XII, HOSTETTLER, Mr. NADLER, and Mr. HINOJOSA. and Mr. FRANKS of Arizona): Mr. FITZPATRICK of Pennsylvania intro- H.R. 3438: Mr. CONYERS. H. Res. 547. A resolution expressing the duced a bill (H.R. 4310) to authorize and re- H.R. 3476: Mr. MENENDEZ. sense of the House of Representatives that quest the President to award the Medal of H.R. 3555: Mr. INSLEE. the United States Court of Appeals for the Honor to Richard Gresko, of Newtown, Penn- H.R. 3560: Mr. GRIJALVA. Ninth Circuit deplorably infringed on paren- sylvania, for acts of valor in the Republic of H.R. 3561: Mr. CAPUANO and Mr. UDALL of tal rights in Fields v. Palmdale School Dis- Vietnam on March 11–12, 1970, while serving New Mexico. trict; to the Committee on the Judiciary. as a lance corporal in the Marine Corps dur- H.R. 3616: Mr. FORD, Mr. DICKS, Mr. KING of By Ms. ROS-LEHTINEN (for herself, ing the Vietnam War; which was referred to New York, Mr. GILCHREST, Mr. PALLONE, Mr. Mr. ACKERMAN, Mr. MCDERMOTT, Mr. the Committee on Armed Services. ETHERIDGE, Mrs. BONO, Mr. ENGEL, Mr. RAN- HOLT, Ms. ZOE LOFGREN of California, GEL, Mrs. JONES of Ohio, Mr. CLAY, Mr. Mr. CHANDLER, Mr. MCCOTTER, Mr. f LYNCH, and Mr. ISRAEL. MEEK of Florida, Mr. STARK, Mr. ADDITIONAL SPONSORS H.R. 3617: Mr. KENNEDY of Minnesota and MATHESON, Ms. HARRIS, Mr. DAVIS of Mr. RYAN of Ohio. Florida, Mr. WYNN, Mr. CROWLEY, Mr. Under clause 7 of rule XII, sponsors H.R. 3630: Mr. WALDEN of Oregon. LANTOS, Mr. HONDA, Mr. WILSON of were added to public bills and resolu- H.R. 3639: Mr. VAN HOLLEN. South Carolina, Mr. PRICE of North tions as follows: H.R. 3774: Mr. HINOJOSA. Carolina, Mr. CARDOZA, Mr. HOYER, H.R. 202: Mr. ENGEL. H.R. 3858: Mr. PRICE of North Carolina, Mr. Mr. PUTNAM, Mr. PALLONE, Ms. LEE, H.R. 282: Mr. MCINTYRE and Mr. HALL. DEAL of Georgia, Mr. FOLEY, and Mr. Ms. WATSON, Mr. WEXLER, Mr. H.R. 475: Mr. CUMMINGS and Mr. ROTHMAN. HASTINGS of Florida. ENGLISH of Pennsylvania, Mr. H.R. 601: Ms. WATSON, Mr. CONYERS, Ms. H.R. 3883: Mr. BISHOP of Georgia, Mr. DAVIS FALEOMAVAEGA, Mr. BROWN of Ohio, KILPATRICK of Michigan, and Ms. MATSUI. of Alabama, Mr. HAYES, Mr. WU, Mr. Mr. ENGEL, Ms. LORETTA SANCHEZ of H.R. 697: Mr. CUMMINGS. REHBERG, and Mr. THOMPSON of Mississippi. California, Mr. CANNON, Mr. RANGEL, H.R. 698: Mr. ROGERS of Alabama, Mr. H.R. 3917: Mr. BERMAN. Ms. BERKLEY, and Mrs. MALONEY): H. Res. 548. A resolution recognizing the FORBES, Mr. BOOZMAN, Mrs. DRAKE, and Mr. H.R. 3931: Mr. CASTLE. religious and historical significance of the WELDON of Florida. H.R. 3949: Mr. MCCOTTER, Mr. MENENDEZ, festival of Diwali; to the Committee on Gov- H.R. 856: Mr. LEWIS of Georgia. and Mr. RAMSTAD. ernment Reform. H.R. 864: Mr. ABERCROMBIE. H.R. 3954: Mr. CUMMINGS. By Mr. HINCHEY (for himself, Mr. CON- H.R. 983: Mr. SANDERS. H.R. 3960: Mrs. DRAKE, Mr. KLINE, and Mr. YERS, and Mr. WAXMAN): H.R. 1053: Mr. PLATTS and Mr. FITZPATRICK EVERETT. H. Res. 549. A resolution requesting the of Pennsylvania. H.R. 3985: Mr. UDALL of Colorado, Mr. President of the United States provide to the H.R. 1107: Mr. HONDA. TOWNS, Mr. SNYDER, Mr. REICHERT, Ms. House of Representatives all documents in H.R. 1131: Mr. SERRANO. DELAURO, Mr. MOORE of Kansas, Mr. his possession relating to his October 7, 2002, H.R. 1141: Mr. ADERHOLT, Mr. UPTON, Mrs. TIERNEY, Ms. ESHOO, Mr. REYES, Ms. CARSON, speech in Cincinnati, Ohio, and his January BONO, Mr. SCOTT of Georgia, and Mr. KING- Mr. HINCHEY, Mr. FARR, Mr. BASS, Mr. 28, 2003, State of the Union address; to the STON. THOMPSON of California, Mr. LANTOS, Mr. Committee on International Relations. H.R. 1204: Ms. MCKINNEY and Mr. CUELLAR. STUPAK, and Mr. DAVIS of Alabama. By Mr. KIRK (for himself, Mr. LARSEN H.R. 1246: Mr. CUNNINGHAM. H.R. 4015: Mr. SHADEGG. of Washington, Mr. MANZULLO, Mr. H.R. 1297: Mr. SHAYS. H.R. 4023: Mr. SIMMONS, Mr. SHERMAN, and BURTON of Indiana, Mr. CROWLEY, Mr. H.R. 1415: Mr. GRIJALVA. Mr. GRIJALVA. KENNEDY of Minnesota, Mr. SMITH of H.R. 1416: Ms. DEGETTE, Mr. ACKERMAN, H.R. 4072: Mr. GILLMOR. Washington, and Mr. WILSON of Mr. CROWLEY, Ms. MATSUI, Ms. MCCOLLUM of H.R. 4082: Mr. LEWIS of Kentucky and Mr. South Carolina): Minnesota, Mrs. MALONEY, and Ms. DELAURO. HERGER. H. Res. 550. A resolution expressing the H.R. 1424: Mr. OBERSTAR. H.R. 4097: Mr. FOSSELLA. sense of the House of Representatives regard- H.R. 1498: Ms. SCHAKOWSKY, Mr. HEFLEY, H.R. 4099: Mr. ROGERS of Alabama, Mr. ing the importance of maintaining the Asia- and Mr. SHUSTER. SESSIONS, Mr. CARTER, and Mr. BURGESS. Pacific Economic Cooperation (APEC) forum H.R. 1518: Mr. CONYERS and Mr. H.R. 4126: Mr. WELDON of Pennsylvania. as the preeminent multilateral institution in RUPPERSBERGER. H.R. 4156: Ms. ZOE LOFGREN of California, the Asia-Pacific region; to the Committee on H.R. 1636: Mr. KENNEDY of Rhode Island. Mr. SERRANO, Ms. WASSERMAN SCHULTZ, and International Relations. H.R. 1668: Ms. SOLIS, Mr. DAVIS of Illinois, Mr. COOPER. By Mr. PENCE (for himself, Mr. and Mr. TIERNEY. H.R. 4157: Mr. KENNEDY of Minnesota. HASTERT, Mr. DELAY, Mr. CANTOR, H.R. 1704: Ms. DEGETTE and Mr. FATTAH. H.R. 4158: Mr. MOORE of Kansas, Ms. EDDIE Mr. FEENEY, Mr. SESSIONS, Mr. H.R. 1898: Mr. MICA. BERNICE JOHNSON of Texas, and Ms. LEE.

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H.R. 4196: Mr. HOLT. H.R. 4259: Ms. MCKINNEY, Mr. MOORE of Mr. CARDIN, Mr. WILSON of South Carolina, H.R. 4207: Mr. CANTOR. Kansas, Mr. BOYD, Mr. KUCINICH, and Mr. and Mr. KINGSTON. H.R. 4222: Mr. SIMMONS and Mr. BERRY. H. Con. Res. 290: Mr. BROWN of Ohio. RUPPERSBERGER. H.R. 4263: Mr. KILDEE, and Mr. FRANK of H. Res. 85: Mr. HAYWORTH. ATSON AHALL H.R. 4223: Ms. W , Mr. R , Mr. Massachusetts. H. Res. 166: Mr. DOYLE. MCGOVERN, Mr. MEEHAN, Mr. CUELLAR, and H.R. 4265: Mrs. JO ANN DAVIS of Virginia, H. Res. 299: Mrs. CHRISTENSEN. Mr. HONDA. Mr. RYAN of Ohio, Mr. SMITH of New Jersey, H. Res. 411: Mr. CONYERS. H.R. 4229: Ms. CARSON, Mr. CUMMINGS, and and Mr. FORTENBERRY. H. Res. 466: Mr. KLINE. Ms. ZOE LOFGREN of California. H.R. 4267: Mr. SALAZAR. H.R. 4238: Mr. ROGERS of Alabama, Mr. H.J. Res. 3: Mr. BOREN. H. Res. 477: Mr. MCDERMOTT. BONILLA, Mr. SMITH of Texas, Mr. H. Con. Res. 90: Mr. GORDON. H. Res. 498: Mr. UPTON. NEUGEBAUER, Mr. CULBERSON, Mr. SESSIONS, H. Con. Res. 231: Mrs. LOWEY. H. Res. 507: Mr. MOORE of Kansas. Mr. BRADY of Texas, Mr. ROYCE, and Mr. H. Con. Res. 280: Mr. CUELLAR. H. Res. 517: Mr. MENENDEZ and Mr. TOWNS. CARTER. H. Con. Res. 284: Mrs. JO ANN DAVIS of Vir- H. Res. 524: Mr. PALLONE and Mr. HASTINGS H.R. 4253: Mr. MCCAUL of Texas. ginia, Mr. KING of New York, Mr. BOOZMAN, of Florida.

VerDate Aug 31 2005 23:58 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A10NO7.008 H10NOPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, NOVEMBER 10, 2005 No. 149 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JOHN E. SUNUNU, a JORDAN BOMBINGS called to order by the Honorable JOHN Senator from the State of New Hampshire, Mr. FRIST. Mr. President, yesterday E. SUNUNU, a Senator from the State of to perform the duties of the Chair. the world received the sobering news New Hampshire. TED STEVENS, President pro tempore. that a series of three explosions struck PRAYER Mr. SUNUNU thereupon assumed the Jordan’s capital city of Amman. At The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. least 57 innocent civilians were killed in the immediate blast, and well over fered the following prayer: f Let us pray. 100 were wounded. Eternal Spirit, fountain of wisdom, RECOGNITION OF THE MAJORITY In an apparently coordinated attack, reveal to us the path that leads to the LEADER terrorists targeted three large hotels fulfillment of Your will. Illuminate the The ACTING PRESIDENT pro tem- that are frequented by Americans. In- minds of our Senators that they will pore. The majority leader is recog- deed, when I traveled to Jordan, I accomplish Your purposes. Thwart the nized. stayed at one of those hotels, as many plans of the enemies of peace. in this body have in the past. One of As Veterans Day approaches, we ask f the blasts occurred during a wedding You to give wisdom to our military SCHEDULE party of over 300 guests. We have seen people in harm’s way that they will be Mr. FRIST. Mr. President, today, fol- over the course of the night and the instruments of Your providence. Lord, lowing the 1 hour for morning business, morning those pictures displayed on hasten the day when peace will reign. we will resume work on the Depart- television. Empower the citizens of this Nation ment of Defense authorization bill. On behalf of the Senate and the to live with integrity so that You will Under the agreement reached last American people, I express my heart- hear our prayers and heal our land. night, we have two rollcall votes to felt condolences to the victims, their Give us wisdom today to see what we begin at 11:30 this morning. The first families, and the Jordanian people. I ought to do, courage to begin it, fidel- vote is on Senator TALENT’s amend- condemn in no uncertain terms the ity to continue it, and skill to comment relating to C–17s, and the second perpetrators of this grievous attack. It plete it. vote is in relation to the Dorgan is an attack on all free peoples. It is an We pray in Your powerful Name. attack on civilization. Together, we Amen. amendment on a special committee. Yesterday, we made good progress on will help the Government of Jordan, if f the bill, and we will finish the bill requested, to hunt down the criminals PLEDGE OF ALLEGIANCE today. responsible for this egregious event and bring them to justice. The Honorable JOHN E. SUNUNU led In addition to a couple amendments the Pledge of Allegiance, as follows: already pending, there are only a few Throughout the global war on ter- I pledge allegiance to the Flag of the remaining amendments in order to be rorism, Jordan has been our steadfast United States of America, and to the Repub- offered. Senators should be prepared to partner, a reliable partner of our coun- lic for which it stands, one nation under God, offer those amendments this morning. I try. King Abdullah has bravely spoken indivisible, with liberty and justice for all. hope we can finish this bill at a reason- against Islamic terrorism and extre- f able time today. I encourage the two mism in the Arab world. Under his leadership, Jordan has demonstrated APPOINTMENT OF ACTING managers to move forward with the bill their commitment to peace, stability, PRESIDENT PRO TEMPORE if Senators do not show up to offer their amendments. We must finish the and moderation. The PRESIDING OFFICER. The Defense bill today, along with three ap- Yesterday’s violence against the Jor- clerk will please read a communication propriations conference reports that danian people is another reminder of to the Senate from the President pro are now at the desk. I do not expect a the indiscriminate brutality and vi- tempore (Mr. STEVENS). great deal of debate on those con- cious nature of the terrorist enemy. The legislative clerk read the fol- ference reports, but we will need to My Senate colleagues and I renew our lowing letter: schedule rollcall votes on each. call on the international community to U.S. SENATE, Having said that, we will have a full redouble its efforts to defeat the ter- PRESIDENT PRO TEMPORE, day of voting to finish our work, but rorists and dismantle their networks. Washington, DC, November 10, 2005. To the Senate: with the cooperation of Senators, we Defeating terrorism is the duty of all Under the provisions of rule I, paragraph 3, can complete our work at a reasonable civilized nations. It is the challenge of of the Standing Rules of the Senate, I hereby time today. our age.

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

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VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12632 CONGRESSIONAL RECORD — SENATE November 10, 2005 The United States stands shoulder to vilians first and soldiers second. They providing a representative form of gov- shoulder with the people of Jordan dur- are our doctors and our business men ernment, and stabilizing that area of ing this difficult time. We share their and women, plumbers, farmers, teach- the world. The 116th from Idaho, these grief and their determination to bring ers. Yet they have all answered their tremendous civilian soldiers, partici- the killers to justice. country’s call to action during this pated in that, and I must tell you that Mr. President, I yield the floor. time of need. The skills these civilian in representing the largest deployment f soldiers bring to the table have proven from the State of Idaho that has ever to be invaluable as our soldiers work happened to our National Guard, we RESERVATION OF LEADER TIME side by side with the Iraqi people to re- stand as Idahoans today tremendously The ACTING PRESIDENT pro tem- store the critical infrastructure, estab- proud of the work they did. pore. Under the previous order, leader- lish a thriving economy, and promote a The good news is, they are coming ship time is reserved. free and prosperous system of govern- home, and most of them will be home ment. for Thanksgiving. We will be glad to f Earlier this year, I had the privilege, see them back with their families and MORNING BUSINESS once again, to visit Iraq—it was my back in their communities and re- second time while we have been en- The ACTING PRESIDENT pro tem- assuming their civilian lives and doing gaged there in the war on terrorism— pore. Under the previous order, there that not only for the Idaho National fulfilling a promise I had made to the will now be a period for the transaction Guard but for all guardsmen and re- 116th as I and the delegation and the of morning business for up to 1 hour, servists around the country. As chair- Governor saw them off now over a year with the first half of the time under man of the Veterans’ Affairs Com- ago. So I was extremely proud to be the control of the majority leader or mittee, working with the Secretary of there and to see this phenomenally en- his designee and the second half of the the VA, holding hearings in Idaho and thusiastic civilian soldier in his or her time under the control of the Demo- other places around the country, we work area as they did what they do so cratic leader or his designee. want to make sure that this transition very well in a very courageous and The Senator from Idaho. back into civilian life is as seamless as skillful manner. possible. f These civilian skills not only were These are men and women who have 116TH BRIGADE COMBAT TEAM IN essential to provide the security for been at war. To simply step out of a IRAQ the Iraqi people, but they also provided war zone and step into their commu- the essential ongoing construction ef- nity is not going to be an easy task. Mr. CRAIG. Mr. President, tomorrow forts. I was humbled to have that op- Yet that is exactly what a civilian cit- and through the weekend, we will be portunity to meet with these fine izen soldier does. Whether it is the celebrating Veterans Day. I thought it young men and women on the battle- Idaho 116th or whether it is the tens of was appropriate that I come to the field in Iraq and to express the grati- thousands of other guards men, women, Chamber this morning for two pur- tude of the people of the State of Idaho and reservists around the country, we poses. First, as chairman of the Vet- and our Nation for these efforts. owe them a phenomenal debt of grati- erans’ Affairs Committee in the Sen- I also have enormous respect for tude for the work they have done. ate, I have had the distinct pleasure of what they did, but what is phenomenal You see, we have a system within our working with the VA and working with is the feedback we received from the military that it is not just the active veterans across this country over the Iraqi Government officials regarding soldier who serves so well, but it is last year to not only provide them the the work of the 116th. As I say, these that citizen soldier, our friends and services they need to improve their are unique soldiers. The Iraqi people neighbors in our communities across lives but to recognize the changing saw that and understood that these the country, such as the 116th of Idaho, scene of veterans health care and the were really civilians who had tremen- who continue to serve and, in a time of new veterans that are being created dous talents in civilian life, and they war, serve with honor and dignity. out of the conflict in Iraq and Afghani- incorporated that not only in the pro- As we celebrate Veterans Day tomor- stan and the kind of care and service tection and the soldiering that went on row and this weekend, recognizing those brave young men and women will over there but in the rebuilding of the those who have stood in harm’s way need as they return home, some of infrastructure about which I talked. and in many instances have given their them certainly not as physically or These soldiers faced a very difficult lives so our lives could be freer, let’s mentally whole as we would like. and dangerous task of maintaining the remember those currently serving in Because of their tremendous service peace and stability in some very hos- Iraq, be it the active soldier or be it to our country in the war on terrorism, tile environments. Yet they continued the Guard or Reserve, for they are all I can say very proudly that this Con- their mission, and they handled it with one and their missions are all the gress and our committee and the Vet- tremendous honor. same. The 116th of Idaho Brigade Com- erans’ Administration have clearly The members of the 116th have spent bat Team has made Idaho extremely stepped up to do what is right and ap- 12 months in Kirkuk and other areas proud. propriate in the recognition of the within that region. Their mission was I yield the floor. time-honored care we have provided for to provide for the security of the peo- The ACTING PRESIDENT pro tem- our veterans down through the decades ple of Iraq against insurgents and ter- pore. The Senator from Alabama. and down through the conflicts in rorist attacks, establishment of self-re- f which America found itself, in the pres- liant government institutions, and the ervation of our freedom and the ad- reconstruction of the basic and critical THE WAR IN IRAQ vancement of all peoples around the infrastructure. Their two overriding Mr. SESSIONS. Mr. President, I want world. missions were overseeing the successful to express my appreciation for Senator Idaho played a unique role this year, national elections in January and the CRAIG’s comments. I think they are so and I am here today to talk about the national referendum vote on October appropriate as we approach Veterans Idaho National Guard 116th Brigade 15. Both of these missions were tremen- Day tomorrow, November 11. As he Combat Team that is now returning dously successful. We know about that. said, it is important that we give grati- from service in Iraq. For the last 18 This is exactly what our President had tude to these soldiers. But it is also months, these brave men and women proposed and laid out before us. very important—maybe even more im- have made a tremendous sacrifice to be While Americans and Members of portant—that this Senate and this Con- away from their families and friends to Congress are tremendously anxious gress give our support to them, we defend our Nation and work to build a about the war currently going on in back them up, we affirm them in the stable and free Iraq. For that, I am ex- Iraq, the reality is we are on schedule courageous service they are giving and tremely grateful to all of them. and on course to do exactly what we not undermine what they are doing by It is important to remember that the set out to do to help the citizens of thoughtless and unfair criticisms. That soldiers of the National Guard are ci- Iraq in standing up for government, is what is on my heart today and I

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12633 want to talk about it a little bit. I ades of war. These good results hap- military responses against Iraq, drop- think it goes to the core of our integ- pened, however, not because we voted ping bombs on military positions and rity and our personal self-discipline as to authorize force but because this Na- carrying out missile strikes. Surely we Senators. tion was able to call on great soldiers, have not forgotten—we were in a state I have to say, with great respect, sailors, airmen, and marines to go into of hot hostility with Iraq, leading up to that politics on too many occasions harm’s way, facing what they had to our decision to remove him from has overridden our commitment in this know would be great danger, to execute power. Senate to the soldiers who serve on the the policy we voted for and that the The megalomania of Saddam, and his battlefield. We are a free and open soci- President was authorized to execute. brutality, presented the decent nations ety. We value and protect free and pub- The military action in Afghanistan of the world with a direct challenge. lic debate in our country, and in the went well. But make no mistake, we With the growth of terrorism that had Senate one has the freedom to say or Senators knew the mission was dan- culminated in the 9/11 attacks, and write almost anything he or she de- gerous and most predicted far more which threatened the peaceful world, it sires, whether wise or foolish. To se- casualties than occurred in that effort. became clear that the reconstituting of cure and maintain that freedom and The credit goes to our military’s bril- Saddam’s forces in violation of the our other freedoms, on many occasions liant tactics. United Nations could not be allowed to we have sent our soldiers to battle hos- At this same time, Iraq was con- continue. Once again, our Nation led a tile forces around the globe. tinuing its systematic, illegal, and un- huge international coalition to demand Over 1 million personnel have died in conscionable actions against its own that he comply with the U.N. resolu- combat to preserve the freedoms and people, against the United States, and tions. The vote in this Senate to au- liberties we take for granted today. against the United Nations—con- thorize that and to insist that he com- Young soldiers, volunteers, and draft- tinuing violation of 16 U.N. resolutions. ply and use force if he refused to do so ees have been called over the years to These resolutions in essence were a re- was 78 to 22, with a clear majority of defend the values and liberties our Na- sult of Iraq’s plea for peace after the our Democratic Senators in support to tion cherishes. As Senators, we are a coalition forces ejected it from the na- authorize military force with or with- key part of the process by which this tion of Kuwait. Surely this Nation has out U.N. approval if Saddam refused to Nation authorizes hostilities and calls not forgotten that. Surely this Senate comply with these resolutions. them up. If there is any maturity of has not forgotten that. Surely we re- Our decision was not taken lightly or judgment in us at all, we understand member that Saddam’s Iraq had, by in haste. The issue had been openly dis- that such a decision, when we make it, surprise and brutality, attacked and cussed for months. The Senate debate is a grave one and we know the lives of occupied its peaceful neighbor Kuwait. was full and free. Most felt there was our military personnel will be placed At that time, with the United States in no other option. at risk when we send them out. History the lead, the coalition demanded that I remember the Economist magazine and common sense tells us so. Any Sen- Saddam withdraw or face military of London said the embargo was fail- ator not understanding this is not fit force. ing. We either give up or fight. They for the office they hold. In 1991, he refused and, in a brilliant concluded in their editorial: Our choice It is my view that there is and are no strike, our forces, under the command is to fight. The British Government glorious wars. All war is bad. The Lord of General Norman Schwarzkopf, forc- reached the same conclusion, as did did not want His children to fight. But ibly ejected Saddam’s military from many others. I am resigned to the fact that, through- Kuwait and liberated that nation. Then Of course, our vote was consistent out history, human efforts to maintain Kuwait’s was a responsible voice on the with the 1999 resolution of this Senate peace at any price have failed and that world scene, as it is today. signed by President Clinton to make it the option of war at certain times be- To stop the coalition forces from the official policy of our Government comes better than the alternatives. moving to Baghdad to remove him to effect a regime change in Iraq, so Let me speak frankly about the war from office, Saddam made a series of bad had Saddam’s actions become even on terrorism. We in this Senate are not agreements under the supervision of at that time. Still, there was no rush children led about like the Pied Piper the United Nations. He did not keep to war. President Bush powerfully of Hamelin by President Bush or Vice them, of course. First he declared he made his case abroad and at the U.N. President CHENEY. We are not and were had not lost the war but was in fact the Countless efforts were undertaken to not ignorant concerning the situation victor. Such a statement was a clear bring Saddam into compliance, but we found ourselves in after 9/11. We indication of his plans to continue his they all failed. The demands on Sad- cheered President Bush’s strong and drive to dominate that region and to dam became more and more direct, the determined response to terrorism at lead a fight against the west. When a warnings more and more explicit, and that time, and even when he warned us U.N. plan was developed to allow the his utter refusal to comply with the it would be a long, protracted, and bit- sale of Iraq’s oil so food could be made agreements on weapons inspections and ter struggle, which he said repeatedly, available to the Iraqi people, he cheat- other U.N. resolutions became more the Senate promptly authorized the ated on the Oil for Food Program to re- and more obvious. He had made up his tack on the Taliban, who oppressed build his military and his personal pal- mind. The stark reality became clear. their own people in Afghanistan and aces, leaving millions of his own people He would not ever voluntarily comply. who harbored and provided training for hungry. He thought he could break the coali- al-Qaida and Osama bin Laden. This He attacked his own people, brutally tion, that we would not invade, that he Senate supported the President’s de- repressing the Shiites in the south and could continue on with his fantasy that mand on Mullah Omar that the Taliban the Kurds in the north. He had earlier Iraq, under his leadership, would domi- cease these training bases and turn used poison gas, a weapon of mass de- nate this whole region of the world. over bin Laden or face military action. struction, against his own people, the Please remember, the Senate vote con- We supported that. And when Mullah Kurds. He effectively ejected U.N. insisted not just of a majority of the Omar and his oppressors refused, the spectors and refused to provide assur- Democratic Members but it included Senate supported military action ance that he was not creating or was the Democratic Party’s Presidential against the Taliban. When the war not in possession of weapons of mass candidate, its Vice Presidential can- went so well, virtually everyone was destruction. He had previously prom- didate, its leader, its former Vice Pres- pleased and said it was a good and ised not to possess or develop these idential candidate, and then and cur- proper thing we had done. weapons. He fired missiles regularly at rent leaders. The decision was a bipar- We are proud of what is happening in American and British aircraft as they tisan decision. Only then did we send Afghanistan today. We have soldiers sought to enforce the no-fly zones to our finest soldiers into harm’s way—a there, as Senator CRAIG said, working protect the Kurds and the Shiites from bipartisan decision, after extensive de- directly with the people of Afghanistan oppression. bate by this body. to try to lift them up and give them a In response, President Clinton and Our soldiers, as a result of this proc- period of sunshine and peace, after dec- President Bush authorized hundreds of ess, were then directed to engage and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12634 CONGRESSIONAL RECORD — SENATE November 10, 2005 defeat one of the world’s largest ar- lieve in what they are doing. They to believe that we may quit if they can mies, to effect a regime change in Iraq. know the Iraqi people want a better just kill a few more American soldiers The men and women of our military life. They, by countless acts of kind- or marines is wrong, wrong, wrong. Po- heard their Nation’s call, as they have ness and courtesy, amid the violence litical animosity in some cases seems for so many years. They responded and strain of war, work to create good to have so infected our rhetoric that with professionalism, courage, and de- will, to explain democracy, and pro- criticism has become not constructive termination. The challenge was great. mote harmony. They want to help the but destructive. The initial hostilities and military ac- Iraqi people to have a better life, and So my plea to my colleagues is in- tions went exceedingly well, but it was then, then they want to come home. sistent. Please remember that the very dangerous and there were impor- You bet they want to come home. world hears what we say here. Please tant threats that they faced through- But they truly desire that our noble remember that exaggerated political out that effort. Saddam’s forces were goal, their mission for a better Iraq, be charges can do more than sting offi- vast, but they collapsed relatively realized. cials at home. The world hears what is quickly in the face of our aggressive Who, more than our soldiers, knows said, and many believe what is being forces executing General Frank’s su- the dangers from hidden and sneak at- said. perb battle plan. While the effort was tacks? Who knows the reality on the This war was not based on a lie. I fraught with dangers, as our media told ground better than they? Certainly not have explained how we came to our us every night, and indeed there was the television networks constantly fo- final vote. The issue of the existence of considerable tough fighting, our sol- cusing on violence and contention who weapons of mass destruction in Iraq diers were again magnificent. We all drop in and bug out. was important, but it was the strategic rejoiced to see the Iraqi celebrations But, colleagues, the greatest concern recognition that an unrepentant and break out. our soldiers have is that this Senate, triumphant Saddam, unloosed from the Some said, What happened to the our Congress, will lose its nerve and U.N. embargo and in acting violation of celebrations? They were there. We saw pull back before the job is done. You 16 U.N. resolutions, was the funda- them on TV, to see the fall of the stat- see, losing our nerve will undermine mental threat to us and to the world. ue of Saddam. The coalition then set what they have accomplished by blood And we certainly all knew that weap- about to help this exhausted nation, and sweat. ons of mass destruction would surely brutalized by decades of oppression, re- While remarkably steadfast and de- be his easiest tool for international in- build itself with freedom and pros- termined, they do not like what they timidation. perity. see and hear from Congress or the The United Nations’ final report While the initial military conflict media. Their successes ignored, the when they exited the country con- went better than we could have hoped, problems exaggerated. Their errors are cluded that Saddam had weapons of our vision for a prosperous and demo- highlighted. I am particularly con- mass destruction and virtually all in- cratic Iraq is still on track. But it defi- cerned that our Senate debate in re- telligence agencies in the world, in- nitely has presented more difficulties cent months has become infected by cluding the French that certainly were than most of us anticipated. It has personal animosity and political not under, our control agreed. The In- been hard. It has been difficult. Suicide venom. The rhetoric coming out of telligence Committee report, phase I, bombers persist in their hateful bomb- Congress is astounding. It was some- unanimously passed 17 to 0, concluded, ings. Terrorists are still active against what understandable last year, when however, that the intelligence given to our forces and the people in Iraq, at- we were in a Presidential election cam- the President and Congress was wrong tacking their own people. Still, despite paign, that the political language in part. The report specifically con- the violence, initial elections were would be overheated. But, now, after cluded that President Bush was not completed with blue fingers held high the American people have affirmed lying to the American people. And, importantly, the report concluded that and a separate election ratified the President Bush’s leadership by reelect- the intelligence community was not Constitution. Now the first democratic ing him with the first majority vote for pressured to alter or shape their views elections are set for December and are President in many years, there seems to please the President or anyone else. on track. to be a blind force driving some of my Vicious, terroristic suicide bombers Another major report, the Robb-Sil- Democrat colleagues to prove their remain. While they will be able to in- berman Report—Senator Robb, a votes for military force in Iraq were flict suffering and fear on the people of former Democratic Member of this wrong, and that our election was not Iraq and death on our soldiers, their ef- body, was cochairman—on weapons of an affirmation of our Nation’s bipar- forts are and must be doomed. The ter- mass destruction, was clear. They rorists offer no hope, no plan, no vi- tisan Iraqi policy, but that this policy found ‘‘no evidence of political pression. They simply desire, like Saddam, was a result of ‘‘lies.’’ What false and sure to influence the Intelligence Com- to seize power and run Iraq for their damaging rhetoric this is. I urge my munity’s pre-war assessments of Iraq’s own purposes, to control the reins of colleagues to remember that the world, weapons programs . . . analysts univer- power for their own radical and twisted our enemies, and our soldiers fighting sally asserted that in no instance did purposes. for our policies are listening. While political pressure cause them to skew But, our military personnel, soldiers, there were intelligence failures, our or alter any of their analytical judge- marines, sailors, and airmen, all one leaders did not lie us into war. We Sen- ments. We conclude that it was the force, have performed magnificently. I ators heard the same intelligence esti- paucity of intelligence and poor ana- have been to Iraq three times, and vis- mates and we voted to authorize war. lytical tradecraft, rather than political ited with active, Guard and Reserve The truth is this: We all heard the in- pressure, that produced the inaccurate units. I talked to the soldiers and we telligence and we authorized those hos- pre-war intelligence assessments.’’ are so proud of them. They have not tilities. Some of the intelligence was So why do our colleagues continue to whined or advocated retreat. They wrong, but it was not wrong that an promote what I believe are falsehoods? want the war to be successful. Every unleashed Saddam, freed from his box, Why call the President and the Vice day they go out on patrol placing their would again become a dangerous threat President liars? Why accuse them of lives on the line to carry out the poli- to world peace. That is a true fact. sending soldiers to death based on cies and directions we, the Senate, the That is a strategic issue we faced. As some secret agenda? We debated it House of Representatives, and the we wrestle over the intelligence fail- openly here for months. For the life of President gave them. Our soldiers ures that occurred, we must not over- me, I can’t understand it. We all—all of know their civics. They are placing react. This Senate should never parrot us—know the facts today; we knew the their lives on the line for America. Be- the false charges of our enemies. If we situation then; we know the score. cause in this Republic, the proper gov- make errors, confront them honestly There was no mystery when we voted ernmental authorities of the people and fix them. But undermining our Na- to authorize military force, nor is have spoken. tion’s position in the world, encour- there mystery now. The going, though, Consistently, they tell me, their par- aging the enemy to falsely believe the is tough in Iraq now. The need, there- ents, and their friends that they be- U.S. is divided, and leading the enemy fore, is even greater for us to all work

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12635 together to meet the challenge and Many other veterans have come a message. Together, we said we are successfully conclude our policies to home to us with serious injuries, both watching. We expect the House and the create a better, positive, democratic, visible and invisible. They need our Senate to keep their commitment to and prosperous future for Iraq. We help as well. America’s veterans. Any dollar below must pull together and focus on the Today, more than 6,500 Washington the Senate level is $1 taken away from goal we endorsed when the war started. State citizens are serving in Operation a veteran. It is a VA clinic that will I thank the Chair. I yield the floor. Iraqi Freedom and Operation Enduring not be constructed. It is a VA doctor The PRESIDING OFFICER (Ms. MUR- Freedom. who will not be hired. It is a veteran KOWSKI). The Senator from Rhode Is- Since 2001, more than 1 million who doesn’t get the care America land. Americans have served in Iraq and Af- promised them when they enlisted. We (The remarks of Mr. REED pertaining ghanistan, and of those 20,000 have cannot leave our veterans without to the introduction of S. 1989 are print- been from my home State of Wash- care; we have to stick with the Senate ed in today’s RECORD under ‘‘State- ington. budget in the final appropriations bill. ments on Introduced Bills and Joint Back in March, I traveled to Iraq and I am also very concerned about how Resolutions.’’) Kuwait. I had the opportunity to meet we treat those who have challenges The PRESIDING OFFICER. The Sen- with a number of our Washington State such as post-traumatic stress disorder. ator from Washington. National Guard who are serving our Instead of focusing on getting help to f country there. I saw firsthand they those who need it, today the VA is were all operating under tremendously moving to scrutinize and stigmatize VETERANS DAY difficult and dangerous conditions. I our veterans with post-traumatic Mrs. MURRAY. Madam President, to- also saw how every one of them was stress syndrome. That is why I worked morrow our country is going to be cele- professional and fully committed to with Senators DURBIN and OBAMA to brating Veterans Day. Together, across completing their mission. put language into the Senate VA bill the country, we will be honoring the We need to do right by everyone who that will require the VA to explain its service and sacrifice that so many serves us because we made a promise plan to Congress and to hold veterans Americans have made to keep all of us and because it keeps our military harmless, except, of course, in cases of safe and free. strong. The way we treat our veterans fraud. Those protections have to stay Tomorrow, in the State of today affects our ability to recruit new in the final bill that emerges from this Washingon, I am going to join with soldiers tomorrow. But don’t take my conference. We will be watching. local veterans at a breakfast for the word for it. Listen to what George As I think about the way we treat Compass Center, which provides serv- Washington once said: veterans health care, it is pretty clear ices to homeless veterans. The willingness with which our young peo- we need to do two more things. First of I will be at a ‘‘Service of Remem- ple are likely to serve in any war, no matter all, the VA has to provide an accurate brance’’ at the Evergreen-Washelli Me- how justified, shall be directly proportional accounting of how it is spending the morial Park in Seattle, and I will visit as to how they perceive the Veterans of ear- money we have provided. It needs to the Washington Soldiers Home in lier wars were treated and appreciated by give us a clear picture of the needs it is Pierce County. their country. seeing throughout the country. Second, I am looking forward to those events Those are the words of George Wash- the Bush administration needs to start and the chance to share my thanks ington. They are just as true today as sending realistic budgets, no more gim- with those who have sacrificed so when he said them. micks, no games—send a 2007 budget much. Let’s look at how well we are keeping that is based on real numbers and real Veterans Day is not just a ceremo- our promise, starting with health care. needs. They need to send a budget that nial holiday. It is not just an occasion We can all be proud the VA provides takes care of both our aging veterans for us to thank others for what they some of the best health care available and our veterans of current operations. have done for us. It is also a time to anywhere in America. We have a great When I look at our budget and our pri- ask if we have done enough for those health care system in the VA, but we orities, I know we have a lot more who serve our country. And that is a don’t fund it like a priority. Every year work to do to keep our promise to our very timely occasion today with so it is a struggle to get Congress to pro- American veterans. many veterans coming home from vide the funding that is needed. That is Another area that concerns me is places such as Iraq and Afghanistan, why we need to make veterans health how we are treating our Guard and Re- and with an aging veterans population care spending mandatory so it is not serve members, especially when they that needs more care today. subject to budget games every year. come home from the battle front. In So today I ask: Are we keeping our This year we had a big fight to make this war, we are relying on Guard and promise to those who served our coun- sure veterans did not lose their health Reserve heavily. It is estimated that 40 try? Do our politicians and our budgets care. Starting last February, I began percent of those on the ground in Iraq reflect the great debt that we owe to so warning that the lines were growing at are citizen soldiers. Unfortunately, many veterans? the VA and we needed to do more. I today the support services for the I want to try to answer that question pointed to the many veterans who were Guard have not kept pace with the way by looking at how we treat our vet- returning home from Iraq and Afghani- we are now relying on them in this erans who need health care and how we stan who needed care. Three times I of- war. They did not often have access to budget for their needs and how we fered amendments to boost VA funding employment services or job training or treat our Guard and Reserve members. in the Senate. And three times they family support or health care when First of all, we recognize we have an were voted down. For months the VA they return home. obligation to those who serve us. When and the administration assured us that This past summer, I held a series of they signed up to serve our country, we everything was fine. roundtables around the State of Wash- agreed to take care of them. They kept But then in June we learned that the ington. I heard from Guard and Reserve their part of the bargain, and now we VA was facing a massive shortfall of $1 members who had come home, who need to keep ours. billion. Again, I introduced a bill to could not find a doctor that accepts In my home State of Washington, we provide the $1.5 billion in supplemental TRICARE. I heard about reservists who have made a tremendous contribution that the VA needed for funding. That returned home and fell through the to that effort. I am sad to report that time it passed. cracks without the payments or sup- 102 servicemembers from Washington Today, the House and the Senate are port they were promised. I heard from State have made the ultimate sacrifice in negotiations to set the final vet- veterans who could not find a job when on behalf of our Nation in this war in erans health care budget for fiscal year they came home to this country after Iraq. They have earned a place of eter- 2006. I am very concerned we will not serving so honorably. nal honor in a rollcall of freedom. provide enough funding. Yesterday, I Our transition services are left over We owe them and their families a joined with leaders from six national from the Cold War. They do not work debt that can never be fully repaid. veterans service organizations to send for a military that now today relies so

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12636 CONGRESSIONAL RECORD — SENATE November 10, 2005 heavily on Guard and Reserve mem- The administration officials sug- As we now know, the intelligence bers. I fear this administration is mov- gested the threat from Iraq was immi- community was far from certain. Yet ing the cost of war on to businesses and nent and went to great lengths to con- the Vice President had been convinced. families who are our Guard members. I vince the American people that it was. On September 8, 2002, he was even believe they have already sacrificed At a roundtable discussion with Euro- more emphatic about Saddam. He said: enough. To do our part, we have to up- pean journalists last month, Secretary [we] do know, with absolute certainty, date transition and employment serv- Rumsfeld deviously insisted: that he is using his procurement system to acquire the equipment he needs in order to ices that we bring to the returning I never said imminent threat. enrich uranium to build nuclear weapons. Guard and Reserve members. In fact, Secretary Rumsfeld told the As I evaluate today how we were The intelligence community was House Committee on Armed Services deeply divided about the aluminum treating our veterans, one thing is on September 18, 2002: clear to me: America’s military per- tubes, but Vice President CHENEY was sonnel are providing the highest level . . . some have argued that the nuclear absolutely certain. threat from Iraq is not imminent—that Sad- of service to our country, but we have One month later, on the eve of the dam Hussein is at least 5–7 years away from watershed vote by Congress to author- got some work to do to make sure our having nuclear weapons. I would not be so support of them, when they come certain. ize the war, President Bush said it even more vividly. He said: home, is equal to the service they have In May of 2003, White House spokes- provided. I am committing to keep a Iraq has attempted to purchase high man Ari Fleischer was asked whether strength aluminum tubes . . . which are used promise our country has made. I ask we went to war because we said WMD for the support and leadership of every to enrich uranium for nuclear weapons. If were a direct and imminent threat to the Iraqi regime is able to produce, buy, or member of the Senate to do the same. the United States. And Fleischer re- steal an amount of highly enriched uranium We owe our veterans nothing less. sponded, ‘‘Absolutely.’’ a little larger than a single softball, you can I yield the floor. What else could National Security have a nuclear weapon in less than a year. The PRESIDING OFFICER. The Sen- Adviser Condoleezza Rice have been And if we allow that to happen, a terrible ator from Massachusetts. suggesting other than an imminent line would be crossed . . . Saddam would be Mr. KENNEDY. Madam President, I in a position to pass nuclear technology to commend my friend from the State of threat, extremely imminent threat terrorists. Washington for an excellent statement when she said on September 2, 2002: In fact, as we now know, the intel- and comment. She has been a tireless We don’t want the smoking gun to be a ligence community was far from con- worker in terms of veterans’ rights. mushroom cloud. vinced of any such threat. The admin- Listening to her today, reminds us President Bush himself may not have istration attempted to conceal that once again about our responsibility to used the word ‘‘imminent,’’ but he fact by classifying the information and them. I commend her for her excellent carefully chose strong and loaded the dissents within the intelligence presentation. I certainly want to work words about the nature of the threat, community until after the war, even with her in every possible way to make words that the intelligence community while making dramatic and excessive sure those efforts are achieved for peo- never used to persuade and prepare the public statements about the imme- ple not only in the State of Washington Nation to go to war against Iraq. diacy of the danger. and Massachusetts but all across the In the Rose Garden on October 2, In October of 2002, the intelligence country. 2002, as Congress was preparing to vote agencies jointly issued a national in- Madam President, how much time re- on authorizing the war, the President telligence estimate stating that ‘‘most mains? said the Iraqi regime ‘‘is a threat of agencies’’ believe that Iraq had re- The PRESIDING OFFICER. Seven- unique urgency.’’ started its nuclear program after in- teen minutes remains. In a speech in Cincinnati on October spectors left in 1998 and that if left un- Mr. KENNEDY. I ask the Chair to let 7, President Bush specifically invoked checked, Iraq ‘‘probably will have a nu- me know when 1 minute is remaining. the dangers of nuclear devastation: clear weapon during this decade.’’ The PRESIDING OFFICER. The Facing clear evidence of peril, we cannot The State Department’s intelligence Chair will notify the Senator. wait for the final proof—the smoking gun— bureau, however, said the ‘‘available f that could come in the form of a mushroom evidence’’ was inadequate to support cloud. IRAQ that judgment. It refused to predict At an appearance in New Mexico on when ‘‘Iraq could acquire a nuclear de- Mr. KENNEDY. Earlier this week, October 28, 2002, after Congress had vice or weapon.’’ Madam President, several of our Re- voted to authorize war and a week be- About the claims of purchases of nu- publican colleagues came to the Senate fore the election, President Bush said clear material from Africa, the State and attempted to blame individual Iraq is a ‘‘real and dangerous threat.’’ Department’s intelligence bureau said Democratic Senators for their errors in At a NATO summit on November 20, that claims of Iraq seeking to purchase judgment about the war in Iraq. It was 2002, President Bush said Iraq posed a nuclear material from Africa were little more than a devious attempt to ‘‘unique and urgent threat.’’ ‘‘highly dubious.’’ The CIA sent two obscure the facts and take the focus off In Ft. Hood, TX, on January 3, 2003, memoranda to the White House stress- the real reason we went to war in Iraq. President Bush called the Iraqi regime ing strong doubts about those claims. Madam President, 150,000 American ‘‘a grave threat.’’ But the following January 2003, the troops are bogged down in a quagmire Nuclear weapons. Mushroom cloud. President included the claims about in Iraq because the Bush administra- Unique and urgent threat. Real and Africa in his State of the Union Ad- tion misrepresented and distorted the dangerous threat. Grave threat. These dress and conspicuously cited the Brit- intelligence to justify a war that words were the administration’s ral- ish Government as the source of that America never should have fought. The lying cry to war. But they were not the intelligence. President wrongly and repeatedly in- words of the intelligence community, Information about nuclear weapons sisted that it was too dangerous to ig- which never suggested the threat from was not the only intelligence distorted nore the weapons of mass destruction Saddam was imminent or immediate or by the administration. On the question in the hands of Saddam Hussein and his urgent. of whether Iraq was pursuing a chem- ties to al-Qaida. It was Vice President CHENEY who ical weapons program, the Defense In- If his march to war, President Bush first laid out the trumped-up argument telligence Agency concluded in Sep- exaggerated the threat to the Amer- for war with Iraq to an unsuspecting tember 2002 that: ican people. It was not subtle. It was public. In a speech on August 26, 2002, . . . there is no reliable information on not nuanced. It was pure, unadulter- to the Veterans of Foreign Wars, he as- whether Iraq is producing and stockpiling ated fear mongering based on a devious serted: chemical weapons, or whether Iraq has—or strategy to convince the American peo- . . . We now know that Saddam has resumed will—establish its chemical warfare agent ple that Saddam’s ability to provide his efforts to acquire nuclear weapons . . . production facilities. nuclear weapons to al-Qaida justified Many of us are convinced that Saddam will That same month, however, Sec- immediate war. acquire nuclear weapons fairly soon. retary Rumsfeld told the Committee on

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12637 Armed Services that Saddam has He said: of morning business be extended an- chemical weapons stockpiles. Senior members of Iraqi intelligence and other 5 or 6 minutes. He said, ‘‘We do know that the Iraqi Al Qaeda have met at least eight times since The PRESIDING OFFICER. The Sen- regime has chemical and biological the early 1990s. Iraq has sent bomb-making ator from Massachusetts. weapons of mass destruction,’’ that and document-forgery experts to work with Mr. KENNEDY. Madam President, re- Saddam ‘‘has amassed large clandes- Al Qaeda. Iraq has also provided Al Qaeda serving the right to object, could the tine stocks of chemical weapons.’’ He with chemical and biological weapons train- time be evenly divided? I will not ob- ing. An Al Qaeda operative was sent to Iraq said that ‘‘he has stockpiles of chem- several times in the late 1990s for help in ac- ject if he wants to add time but that it ical and biological weapons’’ and that quiring poisons and gases. We also know that be for both sides. Iraq has ‘‘active chemical, biological Iraq is harboring a terrorist network headed Mr. WARNER. Madam President, I and nuclear programs.’’ He was wrong by a senior Al Qaeda terrorist planner. This am delighted to do that. We will have on all counts. network runs a poison and explosive training a 6-minute extension on each side in Yet the October 2002 National Intel- camp in northeast Iraq, and many of its lead- morning business. ligence Estimate actually quantified ers are known to be in Baghdad. The PRESIDING OFFICER. Without the size of the stockpiles, stating that Who gave the President this informa- objection, it is so ordered. ‘‘although we have little specific infor- tion? The NIE? Scooter Libby? Mr. WARNER. Madam President, if mation on Iraq’s CW stockpile, Saddam Chalabi? the Senator will entertain a question, probably has stocked at least 100 met- In fact, there was no operational link we will allocate my time on the ques- ric tons and possibly as much as 500 and no clear and persuasive pattern of tion, as I propound it, and to the extent metric tons of CW agents—much of it ties between the Iraq Government and he responds will be on his time. added in the last year.’’ In his address al-Qaida. A 9/11 Commission staff state- The PRESIDING OFFICER. Is there to the United Nations on February 5, ment in June of 2004 put it plainly: objection? 2003, Secretary of State Colin Powell Two senior bin Laden associates have ada- Without objection, it is so ordered. went further, calling the 100 to 500 met- mantly denied that any ties existed between Mr. WARNER. Madam President, I ric ton stockpile a ‘‘conservative esti- Al Qaeda and Iraq. We have no credible evi- was grievously concerned when the dence that Iraq and Al Qaeda cooperated on Senator said we are locked down in a mate.’’ attacks against the United States. Secretary Rumsfeld made an even quagmire in Iraq. I have made a num- more explicit assertion in his interview The 9/11 Commission Report stated ber of trips there and completed a trip on ‘‘This Week with George Stephan- clearly that there was no ‘‘oper- there several weeks ago with Senator ational’’ connection between Saddam opoulos’’ on March 30, 2003. When asked STEVENS and Senator JOHN KERRY. about Iraqi weapons of mass destruc- and al-Qaida. That fact should have Our troops are not in a quagmire. tion, he said: been abundantly clear to the President. They are fighting a very courageous The Pentagon’s favorite Iraqi dis- war against international terrorism. We know where they are. They’re in the sident, Ahmed Chalabi, is actually area around Tikrit and Baghdad and east, The movement sparked by Osama bin west, south and north somewhat. proud of what happened. ‘‘We are he- Laden, Zarqawi, and others is a world- roes in error,’’ Chalabi said in Feb- The administration’s case for war wide movement. It goes from Spain to ruary 2004. ‘‘As far as we’re concerned, based on the linkage between Saddam Indonesia. And they have selected, in we’ve been entirely successful. That ty- Hussein and al-Qaida was just as mis- the last 6 or 8, maybe a year’s time, rant Saddam is gone and the Ameri- guided. Iraq as the focal point to where they Significantly, here as well, the Intel- cans are in Baghdad. What was said be- will challenge the free nations of the ligence Estimate did not find a cooper- fore is not important. The Bush admin- world in this struggle against ter- ative relationship between Saddam and istration is looking for a scapegoat. rorism. al-Qaida. On the contrary, it stated We’re ready to fall on our swords, if he By no means, by no stretch of any only that such a relationship might de- wants.’’ measure of military analysis, can it be What was said before does matter. velop in the future if Saddam was ‘‘suf- said that our troops are bogged down in The President’s words matter. The ficiently desperate’’—in other words, if a quagmire. They are fully mobile. Vice President’s words matter. So do America went to war. But the estimate They are working better than ever those of the Secretary of State and the placed ‘‘low confidence’’ that, even in with the Iraqi security forces, largely Secretary of Defense and other high of- desperation, Saddam would give weap- trained by the coalition forces, who are ficials in the administration. And they ons of mass destruction to al-Qaida. now fighting side by side with coalition But President Bush was not deterred. did not square with the facts. forces and engaging the enemy wher- The Intelligence Committee agreed He was relentless in playing to Amer- ever they can find them. to investigate the clear discrepancies, ica’s fears after the devastating trag- Iraq is a nation with vast borders and it is important that they get to the edy of 9/11. He drew a clear link—and which are unsecure. There is really no bottom of this and find out how and drew it repeatedly—between al-Qaida way to secure them to the point you why President Bush took America to and Saddam. can stop total infiltration. But these war in Iraq. Americans are dying. Al- On September 25, 2002, at the White infiltrations of insurgents throughout ready more than 2,000 have been killed House, President Bush flatly declared: the world are responding to a world- and more than 15,000 have been wound- You can’t distinguish between Al Qaeda wide challenge to the free nations. We ed. and Saddam when you talk about the war on awakened in the last few days, or in terror. The American people deserve the truth. It is time for the President to just 24 hours or less, to an attack in In his State of the Union Address in stop passing the buck and for him to be Jordan, again sparked by the world- January 2003, President Bush said, held accountable. wide move in terrorism, against the ‘‘Evidence from intelligence sources, I yield back the remainder of the Kingdom of Jordan. secret communications, and state- time. So I say to my friend, I would hope ments by people now in custody reveal The PRESIDING OFFICER. The Sen- that this comment about ‘‘in a quag- that Saddam Hussein aids and protects ator from Virginia. mire’’ is not relative to the courageous terrorists, including members of Al Mr. WARNER. Parliamentary in- performance of the men and women of Qaeda,’’ and that he could provide ‘‘le- quiry, Madam President: We are in the Armed Forces in this war on ter- thal viruses’’ to a ‘‘shadowy terrorist morning business? rorism in Iraq. They are fully mobile. network.’’ The PRESIDING OFFICER. Yes, for They are selecting their field of battle. Two weeks later, in his Saturday another 2 minutes. They are assisted by the Iraqi forces. radio address to the Nation, a month f And they are taking a toll on the ter- before the war began, President Bush rorists. described the ties in detail, saying, EXTENSION OF MORNING I ask my colleague, do you disagree ‘‘Saddam Hussein has longstanding, di- BUSINESS with that analysis? rect and continuing ties to terrorist Mr. WARNER. Madam President, I The PRESIDING OFFICER. The Sen- networks. . . .’’ ask unanimous consent that the period ator from Massachusetts.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12638 CONGRESSIONAL RECORD — SENATE November 10, 2005 Mr. KENNEDY. Well, Madam Presi- ators from Michigan and California, to ment and the degree to which it wishes dent, I have nothing but the highest re- get the facts—is because we do not to join the rest of the nations in ex- gard and respect for those who are in- want to repeat that. We have a dan- ploring the challenges of democracy, volved in the conflict and fighting for gerous situation in Iran. We have a particularly in that area of the world. the United States. I regret sometimes dangerous situation in North Korea. I salute the men and women of the that we have not provided them with We do not want to duplicate the mis- Armed Forces who have made this pos- the military equipment that we should takes that this country took with its sible. Yes, we always hope that diplo- have. But I have the highest regard and leaders. We do not want to duplicate macy can solve the disputes between respect for the Armed Forces of the that. That is why this report is so im- nations. Diplomacy can be no stronger United States, and I have supported, portant. than the will to back it up and enforce and will continue to support, to make Madam President, I stand by my the decisions of the diplomats. That sure they have the equipment they statement that I think that the war in has been done bravely by the men and need to carry on their mission. They Iraq was a grave mistake, that the women of the Armed Forces of the are all heroes. American people were misled, and that United States and other coalition The question is the policy. At some there is ultimately not going to be a forces. time, I will respond, whenever—Madam military solution. There is the quag- I yield the floor. President, what is the time allocation mire: a military solution to solve the The PRESIDING OFFICER. The Sen- now? problem in Vietnam, a military solu- ator from Massachusetts. The PRESIDING OFFICER. The Sen- tion to try and solve the problem in Mr. KENNEDY. Madam President, ator from Virginia has 3 minutes, the Iraq. It is not going to work. the definition of a quagmire is a com- Senator from Massachusetts has 5 min- The PRESIDING OFFICER. The Sen- plex or precarious position where dis- utes. ator from Virginia. engagement is difficult. That says it, Mr. KENNEDY. Fine. Well, that will Mr. WARNER. Madam President, I in regard to Iraq. This body understood be the answer. When the Senator is fin- will simply state to my colleague and the reason we went to war with Iraq ished, I will be glad to respond gen- fellow member of the Senate Armed was because this administration rep- erally to his theme. Services Committee that it is well rec- resented that Saddam Hussein had a The PRESIDING OFFICER. The Sen- ognized that certain intelligence that nuclear weapon or was on the brink of ator from Virginia. was used by not only our President but getting nuclear weapons and, secondly, Mr. WARNER. Madam President, I the Prime Minister of Great Britain, had ties with al-Qaida. Others may am perfectly willing to, at this point in the President of France—we could go draw from another part of history, but time, conclude this colloquy. I cer- on and on—was universally accepted at I stand by that. Both of those facts are tainly feel I have had adequate oppor- that point in time. History has shown not so. It is important that we under- tunity to make my point. So unless the that a good deal of that intelligence stand how we came about using those Senator so desires, we will proceed on turned out to be inaccurate. facts, which we see are not so, to make with the bill. But there were many reasons for sure we are not going to make those The PRESIDING OFFICER. The Sen- going to war in Iraq, not the least of mistakes in the future. ator from Massachusetts. which our forces were trying to enforce I yield back the remainder of my Mr. KENNEDY. Well, I will make a the United Nations resolution prohib- time. brief comment in response to the gen- iting Iraq from taking certain actions Mr. WARNER. Madam President, eral statement that the Senator made to the north and to the south. parliamentary inquiry as to the status and use my own time. And then the They were actually firing on our air- of the Senate at this time. Senator can use whatever time. craft that were trying to patrol and en- f Madam President, we were attacked force U.N. resolutions. Saddam Hussein CONCLUSION OF MORNING on 9/11. We were attacked by Osama bin ignored consecutive resolutions of the BUSINESS Laden. Where is Osama bin Laden United Nations. That whole structure today? Since 9/11 we have not captured was before the world, and he was The PRESIDING OFFICER. Morning him. The focus and attention was in flaunting it. business is now closed. Afghanistan. Nonetheless, this admin- Most recently, I note that the United f istration took us to war in Iraq. At Nations Security Council has extended NATIONAL DEFENSE AUTHORIZA- that time, we had al-Qaida effectively the basis on which operations are now TION ACT FOR FISCAL YEAR 2006 by the throat and instead we lost that being conducted by the coalition of opportunity and now have ourselves forces in Iraq today. The PRESIDING OFFICER. Under bogged down in Iraq. That happens to With regard to the administration, I the previous order, the Senate will re- be the fact. We have not enhanced the commend the administration for put- sume consideration of S. 1042, which war against terror by being in Iraq. I ting out, for example, this report called the clerk will report. think we made Iraq a training ground ‘‘The Special Inspector General for Iraq The assistant legislative clerk read for terrorists. and Reconstruction.’’ It is very truth- as follows: So I differ with my friend and col- ful with the American people and, in- A bill (S. 1042) to authorize appropriations league. I think the job should have deed, the world on the successes and for fiscal year 2006 for military activities of the Department of Defense, for military con- been finished in Afghanistan. That is the lack of success in certain areas. struction, and for defense activities of the where Osama bin Laden has been. But This administration is being account- Department of Energy, to prescribe per- the idea that the President of the able for its participation as one of the sonnel strengths for such fiscal year for the United States—as I illustrated in 15 several nations in the coalition in put- Armed Forces, and for other purposes. minutes of direct quotes; and I will not ting the facts down. But when the Sen- Pending: repeat them—brought the United ator says it is all for naught, I say to Dorgan amendment No. 2476, to establish a States to war on the basis of the dan- myself, Iraq is in a struggle to estab- special committee of the Senate to inves- gers that Saddam Hussein had a nu- lish its own government. We have just tigate the awarding and carrying out of con- clear weapon and there was a tie be- seen the referendum on the constitu- tracts to conduct activities in Afghanistan tween Saddam Hussein and al-Qaida is tion. They have adopted the constitu- and Iraq and to fight the war on terrorism. basically wrong. That is not the Sen- tion. The constitution is subject to fur- Lautenberg amendment No. 2478, to pro- ther rework as the next government hibit individuals who knowingly engage in ator from Massachusetts saying that. certain violations relating to the handling of That is the 9/11 Commission saying stands up in the aftermath of the De- classified information from holding a secu- that. cember 15 elections—free elections, rity clearance. Now, what is so wrong about trying free elections that have not taken Talent amendment No. 2477, to modify the to get the facts on this? The reason to place in Iraq in several decades. Much multiyear procurement authority for C–17 get the facts and the reason it is so im- has been accomplished to try to sta- aircraft. portant—with the Rockefeller effort bilize that nation to enable it to select, Mr. WARNER. Madam President, and the efforts by my friends, the Sen- by the freedom to vote, its own govern- there is a further order for two votes to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12639 occur beginning at the hour of 11:30. I somebody does work for you, you pay mander call AAA? How about that—we think it would be helpful to all Mem- them in cash. are going to call AAA to come fix it. bers if the Chair would restate the tim- I am not by any means claiming that Waiting for a repair crew out there by ing and status of those votes. there have not been abuses, that con- yourself or a tow truck to arrive or The PRESIDING OFFICER. Under tractors and others may have taken ad- leaving the whole convoy sitting in a the previous order, the time until 11:30 vantage of the difficult circumstances hostile area is not a realistic scenario shall be equally divided in the usual to exploit their profits. That is, unfor- from a force protection standpoint. form, followed by a vote on the Dorgan tunately, the history of the world. We Speed and mobility are keys to life in amendment at 11:30, which will be fol- need to watch it constantly. I am a the combat zone. Disabled vehicles are lowed by the Talent amendment. strong supporter of that and don’t always planned to be recovered; how- Mr. WARNER. I thank the Chair. doubt that. But enough is enough. The ever, on occasion, they may be de- Under the time I control, I yield such reckless commentary we have been stroyed by insurgents or criminal ele- time as my colleague from Alabama hearing has created in the media and ments in Iraq if they break down. The may desire to speak. He will speak as with the American people a distorted life of each military member—what if in morning business, to reserve the view of the reality of what is hap- it was your son or daughter, would you time on the bill, on such aspects of the pening on the ground in Iraq for recon- like for them to stay with a disabled amendments that he so desires. struction. It is the same thing that is vehicle—is worth more than any vehi- The PRESIDING OFFICER. The Sen- occurring with regard to the detainee cle. I fully support the decision of our ator from Alabama. abuse scandal—greatly exaggerated, convoy commanders to abandon dis- AMENDMENT NO. 2476 without any recognition of the efforts abled vehicles to ensure the safety of Mr. SESSIONS. Madam President, I that have been taken to make sure the personnel under their command. rise to speak on the Dorgan amend- abuses don’t occur. Point No. 2, contractors in Iraq are ment and share some thoughts about My colleagues on the other side of paid in large amounts of bundled cash. that. I think there has been a lot of the aisle are requesting yet another in- These are Iraqi contractors who do misinformation, and the Senator has vestigation. They wish to create a spe- work for us, and we want to use them been misled in some of the allegations cial committee on war and reconstruc- wherever possible so that they can cre- he is making and is certainly inaction in the middle of this war. This spe- ate jobs. They are paid in large curate in picturing our handling of the cial committee will look into matters amounts of bundled cash, as we heard reconstruction effort in Iraq as being a that are already being investigated by the charges made. This is the quote: wasteful enterprise. So much good has the Government Accountability Office, When it was time to get paid, just bring a gone on. We need to talk about that. big bag because we are going to give you an independent agency—not a Depart- cash. Where there are errors, as I will note, ment of Defense agency—which we call The statement suggests the money is we are taking vigorous steps to correct on in a bipartisan way to investigate being given away, come and get it. them. complicated matters. The Department With regard to Senator KENNEDY’s re- That is simply not true. Payments for of Defense inspector general is inves- services in Iraq have to be made in marks, he said it is not the soldiers, it tigating all allegations. The Defense is the policy. We decided the policy. cash. There is no central banking sys- Contract Audit Agency, the State De- tem in Iraq where checks could be This Senate voted 78 to 22 to establish partment inspector general, the a policy with regard to regime change processed or allowed for on some elec- Army’s inspector general, and other or- tronic fund transfer. A modern bank in Iraq. We authorized the President to ganizations are watching what goes on execute military action if Saddam Hus- and currency system is being developed there and conducting investigations there now, but as of today, cash is the sein failed to comply, as Senator WAR- into any allegation of fraud or abuse only way to effectively pay local Iraqis NER said, with the U.N. resolutions. We that may be presented. And a special for their labor and materials. The aver- have a policy. He may not like it. He inspector general’s office was created age Iraqi worker performing under a was 1 of the 22 who voted against it. already to increase accountability. Government contract is paid in U.S. But he ought not to be doing things This is important. It is the Special In- dollars because that currency is ac- that undermine the established policy spector General for Iraq Reconstruc- cepted throughout that nation. The of the United States, a policy that was tion, commonly called SIGIR in the large bricks of money are needed be- bipartisan. A majority of the Demo- theater. cause in many small towns and vil- cratic Senators supported it. The The Senator from North Dakota of- lages, paying workers in one hundred former Presidential candidate for the fers examples of abuse that he claims dollar bills is not practical. No one in Democratic Party, its former Vice need another investigation. I honestly these towns could break a one hundred Presidential candidate, and another believe these charges are exaggerated dollar bill, so there was a need for pay- former Vice Presidential candidate all distortions of reality and overlook the ment in twenties, tens, and fives. Pay- supported it. It is our policy. We estab- great work that is being done there to- ing large contracts in small bills does lished it, and we sent our men and ward reconstruction. I could stand here create a large amount of dollars and women into harm’s way to execute it. and address many of these complaints, necessitates bundling and transporting We don’t need Senators undermining but I will take issue with three he has of money in bags and lockers. How else their ability to do their job and placing continually raised in recent months as are you going to do that? them at greater risk. It is wrong. Some evidence of the fraud and waste he sug- When I was in Iraq right after the people need to examine their con- gests is occurring. We can consider the war and was in the area in Mosul where science as we come up to November 11 overall picture of how things are being Commander Paquette was working, I tomorrow, Veterans Day. done. met personally with General Petraeus, I rise to speak on the reconstruction Point No. 1, the allegation that commander of the 101st Airborne. He effort. Commander Paquette, who $85,000 brand new trucks were left on said the best thing he could do was to works with me, served in Iraq. He was the side of the road to be torched and go out and see a problem in a neighbor- there when the statue of Saddam fell. looted because they had a clogged fuel hood that could be fixed and to have He had the responsibility for recon- pump or because they had a flat tire— his own discretion to engage a construction in the northern third of Iraq. we have heard that, haven’t we? tractor and get that thing fixed. Maybe He is a good man. He put his life on the The decision to leave a vehicle be- it is a bridge, a roof at the hospital, a line for this country. He did what he hind in a combat zone resides with the door on the school. believed was right. He didn’t waste a convoy commander and his or her best Get it done right then and pay the dime of the American people’s money. judgment, not the Senate. There are person who did the work. He said that He had to pass out cash. That is the cities in America where people would is the best way we can help create and way you do business there—not to say be hesitant to stay with a car at night. reestablish this country. And he asked there is something wrong with that. They would not want to stay there. for more power. They don’t have checks and banks. They may have to leave that car if it Do you think General Petraeus is That is how you have to do business if broke down. Should the convoy com- stealing the money? He was No. 1 in his

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12640 CONGRESSIONAL RECORD — SENATE November 10, 2005 class at West Point. No, sir, this is a the SIGIR states—this is the Special it was—one little chair. Now, after we true patriot trying to serve our coun- Inspector General for Iraq Reconstruc- have come in with reconstruction ef- try to help Iraq and fix it up. tion. Listen to this: forts, you have a fully functional hos- Point No. 3, they charge this. This is The positive results achieved in the recon- pital. the quote and the charge struction program are impressive . . . Here is a bridge replacement with a There is massive waste, fraud and abuse The United States has made steady new structure. This bridge was totally going on with respect to contracting in Iraq progress in its part of Iraq’s construction, destroyed, broken here, and you can . . . who is watching over this massive despite the hazardous security environment, see the old bridge here, but a new amount of fraud, waste and abuse? Nobody the fluid political situation, and the harsh bridge has been constructed. Somebody seems to care. realities of working in a war zone. had to be paid to do that work. You Nobody seems to care? That is not The media and the other side of the can’t rebuild a bridge for $500. If you true. This statement is most mis- aisle spend too much time telling the pay people in cash, you have to have a leading of all. It implies that U.S. tax negative side of what is going on in bundle of cash to pay the expense of dollars are just being wasted with no Iraq, I believe. To far too many Ameri- building a bridge. care or concern. However, 100 audits cans, the image of the conflict in Iraq How about this one. This is one Com- and management reviews have been is a burning humvee or the scene of a mander Paquette mentioned to me. performed to date by the GAO, the De- car bomb. I would like to show you a This is a street in a town he personally fense Contract Audit Agency, the DOD few before and after photos of how the has visited, with sewage running down inspector general, the Army Criminal reconstruction funds have benefitted the main street there, kids wading in Investigative Service, and so on. I met the people of Iraq. it, he said. And here, after our work to with the chief inspector general in This first slide portrays reconstruc- create a sewage system, we have a safe Iraq, and he is a firecracker. I mean he tion of the Ministry of the Environ- street for this lady to walk on. And of is a totally focused man, dedicated to ment Building. Here is the way it course, you have heard about the sabo- his job of establishing accountability looked after the war. And here we see tage of electric powers. This one was and eliminating fraud. how it has been reconstructed. Some- sabotaged and here you have Iraqis Have there been instances of fraud? body was paid for that. I hope it was an climbing up there fixing it. Are you Sadly, yes. Those found guilty are Iraqi contractor who had a family to going to climb up to the top of a tower being punished. Companies defrauding feed. Commander Paquette says it was. like that and fix it and not be paid? the Government have had payments This is a matter he has personal knowl- Somebody has to pay you. They are not withheld. They have been removed. In- edge of, I believe. So somebody went going to take a check. We have to pay vestigations and audits continue and out there and did a job similar to in them in cash, and that is what is being those who violate criminal laws will be the United States, did a great job of re- done, in an effective way, I believe. prosecuted. The Department of Defense constructing this building that was ut- I could go on. There are hundreds of and other Government agencies in terly gutted. examples such as this from all around charge of reconstruction in Iraq are re- Here is another one, the Az Zubayr Iraq, thousands of them. Let’s not po- liticize this conflict. It is important. acting swiftly to the comments of the Courthouse. Look at this courthouse We are a nation at war, and the mis- auditors and incorporating all of the here. Now, we have to have the rule of sion in Iraq is vital to ensuring democ- recommended corrective actions. law. General Petraeus told me when he There is even a special investigative was in Mosul how he worked on that, racy, that democracy takes hold in a region of the world that has known far body in Iraq, SIGIR, that issued the re- had the Iraqis out here doing the work. too many tyrants and despots. port I believe that Chairman WARNER Are they going to be paid or not? They I am proud of the accomplishments of don’t want a check, I can tell you that. quoted from with respect to the Special our military, our civilian and con- And here we have a new courthouse Inspector General for Iraq Reconstruc- tractor personnel in Iraq. Many of where we hope justice can be done. tion, a special inspector general for them were former military people who Mr. WARNER. Madam President, will just Iraq. retired, who brought their skills and the Senator yield? Yet claims persist that no one cares, who had the courage to go into dan- Mr. SESSIONS. I would be pleased to there is no oversight and no account- gerous areas. They are dedicated to im- yield. ability. It is not true. It is a slander on proving the quality of life for millions Mr. WARNER. Has the Senator put our people whose lives are at risk serv- of Iraqis and Afghanis and are doing so ing our country in Iraq. As with de- into the RECORD the name of the assist- under very difficult circumstances. tainee abuse allegations, time and ant he has worked with in developing As we approach Veterans Day, the again an objective review of the facts is this and explained about his back- Senate should spend a little less time slowly rolling back outlandish accusa- ground as having been there and par- advertising allegations of wrongdoing, tions that we have heard. Iraq is a war ticipated? Because this is an extremely allegations that we are already taking zone. It is a dangerous place in many important segment of our debate that vigorous actions to deal with, and areas. For too many in Congress and the Senator is filling in this morning. spend more time talking about what is across the Nation we seem to overlook You are receiving a lot of this informa- going right. We owe it to the men and this fact, even while the media gives us tion from your very able assistant who women we voted to send into harm’s all a daily count of fatalities. is an on-the-scene individual respon- way. We owe it to their families and to As any soldier can tell you, paper- sible for some of this. the families of the fallen to tell them work is not always the first priority Mr. SESSIONS. I thank the chair- that their mission is important, that when someone is in combat. However, man. I did not do enough. Commander their sacrifice is making a difference we place special trust and confidence Paquette was in Iraq shortly after Sad- for nearly 50 million people in a region in military officers and senior Govern- dam Hussein’s government fell, when that has known so much suffering and ment officials overseeing the expendi- the statue fell and he was given the violence. tures of taxpayer funds. Continuing to charge of handling the northern third I thank the Chair. I also want to ex- claim fraud and abuse is rampant and of the reconstruction effort for the press my personal appreciation to Com- that no one is accountable is directly military. He was a Naval lieutenant mander Paquette for his service. He questioning the competency and dedi- commander then and that was his re- will soon be leaving us, going back on cation of these professionals who are sponsibility in our joint effort. We have active duty. He has been a tremendous doing their best job possible in very Navy people, Air Force people there, asset to my office and helped me craft difficult and many times dangerous Army and Marines, of course, and he the legislation I am most proud of to circumstances. worked on the reconstruction effort. double the death benefits for soldiers There are areas in Iraq that are dan- Much of what I am saying, many of who lose their life in defense of our gerous. And even the contractors’ lives these photos he has had personal in- country. We appreciate it, and I thank are in danger, as we well know. Their volvement with. him also for helping us bring a personal actions are making a difference. The Here is a hospital operating facility. touch directly from the frontline in our most recent report to Congress from You can see what a pathetic, sad thing efforts in Iraq.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12641 I yield the floor. General to review specific issues, and ple so that there are no longer those The PRESIDING OFFICER. All time requested and reviewed thousands of folks on the ground who can tell us has expired. documents. about those contractors. I do not be- The Senator from Virginia. The Armed Services Committee has lieve that the Government Account- Mr. WARNER. Madam President, I conducted numerous hearings and ability Office people have been called want to say again how important is the briefings on acquisition oversight and to testify before the Senate. debate our distinguished colleague reform, including oversight of con- There are a lot of issues. There are a from Alabama has provided the Senate tracting in Iraq, and initiated numer- lot of issues about the initial contract, this morning on these key subjects. It ous investigations by the GAO and the why it was awarded on a sole-source is reassuring. The Senator made, as did Inspector General on DOD acquisition basis, whether the CPA, the provisional I, reference to this report, which I practices and programs. authority, was overcharged by Halli- think is an accurate compilation of Senator ENSIGN plans to conduct sev- burton for oil which was purchased. what has been achieved and what re- eral more Iraq contracting hearings in There are serious questions about mains to be achieved and the struggle the near future in the Readiness Sub- meals which were served or not served. they are having with regrettably this committee and Senator MCCAIN is con- There are questions about whether Hal- cultural thing called graft, which is all ducting a series of hearings on the liburton had the estimating, subcon- pervasive throughout much of the Mid- overall procurement process. tracting, and financial management dle East, but nevertheless somehow we The Office of the Special Inspector systems they needed to run two multi- are overcoming that. General of Iraq Reconstruction was es- billion dollar contracts. There are a lot Mr. SESSIONS. I thank the chair- tablished to look at Iraqi contracting. of questions which need to be reviewed. man. I note I did meet that special in- This new IG has routinely briefed this They ought to be reviewed. And we spector general. He impressed me. I Committee and others on its findings. ought to have Senate committees that know Senator COLLINS has met with Section 823 of this bill establishes a are calling these people to testify in him and is thoroughly impressed with contract fraud task force at DOD to front of us. It seems to me that in the him. He is very present throughout identify potential areas where DOD is absence of that, what Senator DORGAN Iraq to make sure our dollars are being susceptible to fraud, waste and abuse. is doing is saying: Let’s have a Tru- spent wisely. This group will inform Congress on man-type committee, a special inspec- Mr. WARNER. I thank the Senator. how to modify our contracting laws tor general to look at the contracting Madam President, it is my under- wherever we need to get tougher on issues. Not only do I see nothing wrong standing that the time under the con- contract fraud. with it, it has tremendously powerful trol of the Senator from Virginia has This is how best to conduct our over- precedent. now expired. sight—through the established com- It is named the Truman committee The PRESIDING OFFICER. The Sen- mittee process and established over- because Harry Truman, in the middle ator is correct. sight mechanisms. I am sure that the of a war—I emphasize in the middle of Mr. WARNER. And there remains Chairman of the Senate Foreign Rela- a war, World War II—Harry Truman, a what period of time? tions Committee who shares responsi- Democrat, with a Democratic Presi- The PRESIDING OFFICER. There is bility for the oversight and jurisdiction dent, was willing to undertake an in- 20 minutes 15 seconds. of contracts in Iraq, as well as the Mr. WARNER. Madam President, the vestigation of contracting practices Chairman of the Homeland Security and procurement practices because he Senate has already defeated this Committee who has jurisdiction of amendment twice—first on September felt the war was being exploited for Federal contracting would agree. profit by certain persons who were try- 14, 2005, on the Commerce, State, Jus- I appreciate the concerns of the spon- ing to profiteer off the bravery of oth- tice, Appropriations bill by a vote of sors of this legislation. However, I do ers. 53–44 and then on October 19, 2005 on not support the establishment of a new the Transportation, Treasury, Housing special committee which would dupli- There is no disagreement among any and Urban Development Appropria- cate the work of this committee and Member of this body that I know of tions bill by a vote of 54–44. others and only look at a narrow about the bravery, the professionalism, This amendment is unnecessary and amount of Federal expenditure. the courage of our troops. They deserve duplicative of the current contracting The PRESIDING OFFICER. Who everything we can give them, and I be- oversight mechanisms created to meet yields time? lieve we are giving them everything the challenges that then Senator Tru- The Senator from Michigan. they need. There is no disagreement man identified. The Truman Com- Mr. LEVIN. Madam President, is the about that here. When Members of this mittee was needed at the outbreak of time between now and 11:30 allocated? body get up and are critical about the World War II. There were no GAO or IG The PRESIDING OFFICER. All time way in which this war has been won, it investigations, no Defense Contract remaining until the vote is controlled seems to me that is what we owe our Audit Agency or Defense Contract by the Senator from Michigan. troops. We not only owe them the ma- Management Agency. There were no Mr. LEVIN. I thank the Presiding Of- terial and the training and we owe conflict of interest laws to reign in the ficer. I know that Senator DORGAN their families everything, but we also dollar-a-day men and no Truth in Ne- wanted some of this time. I would have owe them our best thinking. And our gotiations Act, Whistle blower Protec- a couple comments relative to the Dor- best thinking is not unanimous. There tions, or Competition in Contracting gan amendment, first of all. I happen is not a consensus. There are not 100 Act. to agree with what has been recently people here who are cloned to think the The Armed Services Committee is said about the Special Inspector Gen- same way. There are different currently performing its oversight eral for Iraq Reconstruction. He, in- thoughts. tasks and I see no need for a Special deed, would be a useful witness for the We owe our troops our best, honest, Senate Committee to look at con- Senate to call, and I hope that either conscientious thinking, and when peo- tracting practices in Iraq and Afghani- the Armed Services Committee or the ple get up on this floor and provide stan. Homeland Security and Governmental that thinking, particularly where it is The potential for fraud, waste and Affairs Committee would call that Spe- critical, it should not just be charac- abuse is not limited to just Iraq and cial Inspector General for Iraq Recon- terized as somehow or another under- Afghanistan. The Air Force has just struction so that he could come and mining our troops. been through the worst contracting testify before us. That has not been Our troops depend upon us for the scandal in the last 20 years and the done. equipment, the training, the materiel, Armed Services Committee was at the The Department of Defense IG has morale, for the support of their fami- forefront of uncovering this scandal by withdrawn his people. These are the lies. They depend on us for that. They using normal committee legislative people who look at the contracts with are entitled to that. People who stand oversight tools. We conducted hear- the contractors that are supporting our up and give their best thinking are sup- ings, tasked the GAO and the Inspector troops. The DOD IG withdrew his peo- porting our troops in the best sense of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12642 CONGRESSIONAL RECORD — SENATE November 10, 2005 the word; they are giving them their The stories go on and on. Renting a After all, when we provide funding best, honest, conscientious thoughts as car for $7,500 a month, buying towels for these contracts, it doesn’t come out to how we can succeed in Iraq and for the troops, double the price so you of the pockets of the 100 Members of make the best of a situation that is not can put the company logo on it because the Senate. It is taxpayers’ money, and going well, not just stay the course, the company tells their buyers that is we have a responsibility to the tax- stay the course, which is a bumper what they are required to do: Double payers to make sure it is spent appro- sticker, not a strategy, but how can we the cost of the towels so we can put our priately. modify this course to increase our company logo on it. If all of the 100 Senators would sit chances for success. How many of these stories do we and listen to the stories I have listened I want to yield the floor. I see Sen- need? Do we need 100 more stories like to in many hearings now from con- ator DORGAN is in the Chamber. I know it? There is rampant waste, fraud, and tractor employees who were sickened he wants to speak on his amendment. I abuse. and disgusted by the waste, fraud, and yield to him such time as he needs to Why is that the case? Because mas- abuse they saw, if all of the Members of speak relative to his amendment. sive quantities of money are being this Senate could hear that and then The PRESIDING OFFICER (Mr. shipped over there in pursuit of recon- vote against an amendment that asks THUNE). The Senator from North Da- struction. Massive quantities of money for this kind of long-term investiga- kota. are going, in many cases, to no-bid, tion, I don’t know how they can sleep Mr. DORGAN. Mr. President, my col- sole-source contracts under the buddy at night. league from Michigan has said it pretty system, and the taxpayers, I think in We have had this vote previously, well. This is not an unusual time. The many of these cases, are being robbed and sufficient Members of the Senate money we have spent with respect to blind. Will someone do something have said it does not matter what the the war in Iraq and the reconstruction about it? evidence is; I don’t intend to support a This amendment I have offered would of Iraq are not usual expenditures. We special type committee to investigate establish what I call a Truman-type have been asked, and the Congress has this waste, fraud, and abuse. And they committee. Harry Truman stood on complied, with support for legislation have prevailed. So we will have another that moves $50 billion, $60 billion, $20 this floor in the 1940s in the middle of a war with a President of his own polit- vote today. billion—huge chunks of money—to pur- I say to those Senators who have ical party in the White House, and said: sue, first of all, the war in Iraq to sup- voted against this amendment pre- I think there is substantial waste, port our troops and also to pursue what viously, if they still believe this waste, fraud, and abuse in military con- is called the reconstruction of Iraq. fraud, and abuse doesn’t matter very Almost all of that—I think perhaps tracting and in military spending. much, then vote against it. If they still all of it—was done without any re- They formed a special Truman com- believe it is OK for the regular com- quirement to pay for it. It was all de- mittee, and he went after and uncov- mittees of the Senate not to hold any signed as an emergency, just to add it ered tens of billions of dollars, in to- significant oversight hearings, not to to the debt of this country. day’s dollars, of waste, fraud, and do their due diligence, not to meet My colleague, Senator LEVIN, said we abuse. have not in any way, nor would we Normally, we would do this through their accountability responsibility, and refuse any request that would be help- oversight hearings, but we have not they don’t care about that, then vote ful to our troops. When we ask men and had many oversight hearings. In some against this. Just vote against it, it women in uniform to risk their lives, cases, in other venues, none at all; in doesn’t matter. But then they should we have a responsibility to them, and other venues, a few but really no ag- not stand up at home and say to their that is to give them everything they gressive oversight hearings designed to constituents that they care about how need to carry out the mission they track this massive amount of money. this money is spent when there is such have been asked to carry out. That is Yesterday, I showed a picture of a dramatic evidence of waste, fraud, and not what is at issue with this amend- fellow who testified at a hearing I abuse. ment. chaired that we have been doing in the I used some newspaper headlines yes- This amendment is designed to re- Policy Committee. Why? Because the terday to describe the charges: $18.6 spond to what we already know, and regular committees don’t want to have million worth of Government equip- everyone in this Chamber knows, is a oversight hearings. Why don’t they ment missing at the moment that a massive amount of waste, fraud, and want to do that? I guess they don’t contracting company was given to abuse of the taxpayers’ money. I spoke want to embarrass anybody. It would manage. One-third of the equipment yesterday about this, but can anyone be embarrassing to the White House, I that company was entrusted with at here justify having the American tax- guess, if we had hearings about no-bid, this point cannot be accounted for. payers purchase $85,000 trucks to be sole-source contracts under the buddy Does it matter? Is somebody looking used on the roads of Iraq by contrac- system to big companies that then into this? It doesn’t look like it to me. tors, and when the trucks get a flat waste a lot of money. It would be em- It is really pretty unbelievable. I have tire, what do they do with them? They barrassing to display that in public. spoken before. I am guessing nobody in leave them beside the road and let The fact is, we owe it to the tax- this Chamber—at least only a few in them be torched. An $85,000 truck with payers to get rid of the waste, fraud, this Chamber—care. a plugged fuel pump, what do they do? and abuse. Yesterday, I showed a pho- My colleague from Michigan was at a Abandon it. It is a plus-cost, sole- tograph of money that was in the hearing we held with Bunnatine Green- source contract. The American tax- downstairs vault of a building that was house who rose to become the top civil- payer will pay for that; don’t worry occupied by the Coalition Provisional ian contracting official in the Corps of about it. The list is almost endless. Authority in Iraq, which was us, by the Engineers. She was the top civilian A company—Halliburton in this way. CPA is us, not anything else. It is contracting official in the Corps of En- case—charged the taxpayers for 42,000 a fancy name for us. They were dealing gineers. She had outstanding rec- meals served to American troops. It in cash. I showed a photograph of one ommendations every single year. She turns out they were only serving 14,000 hundred dollar bills wrapped in Saran was an outstanding Federal employee, meals. They have overcharged us by Wrap in bundles. The guy who testified and she was in charge as the highest ci- 28,000 meals. The people who last were at my committee and who was pictured vilian in the Corps of Engineers for responsible in the Pentagon, now rein that photograph said: We told all the making sure contracting was done tired, for managing all the fuel con- contractors, show up with a bag be- properly. tracts to move fuel to the battlefield, cause we pay in cash. He said this was As the war in Iraq ramped up and after they retired they came back and like the Old West. Bring a bag, we pay some companies began to get substan- testified and said: What has happened in cash. He said: We actually threw tial no-bid contracts under the old since is just unbelievable. The massive around like a football those bundles of buddy system, she said this doesn’t overcharges to move fuel to the battle- one hundred dollar bills wrapped in meet the test of the law; you are vio- field by these contractors is almost un- Saran Wrap. You would be able to play lating the procedures of the Corps of thinkable. catch with them. It was the Old West. Engineers. You are not doing things

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12643 the right way; there is a right way and does have another minute left, I be- vice and consent process is a very pre- wrong way to do things. You do it this lieve, and I want to give him an oppor- cise obligation of the Senate. This type way. We are going to see substantial tunity to respond, I will use 30 seconds of action is taken in this case because waste, abuse, and fraud. When she of that time simply to say that Sen- it is my understanding that the Presi- started raising those questions, some- ator DORGAN has, indeed, been tena- dent will make a recess appointment thing important happened to her. She cious. There has been an absence of within 120 days, and I assure the Sen- was told one of two things will happen: oversight in this area which has been ator this matter will not go beyond the You will either be fired or you will be glaring. He has almost by himself filled 120 days. demoted. in some of those gaps as he described I thank the Senator for bringing it This public servant had the courage it. He should not need to do that. We up, and I thank him for his cooperation to speak up and speak out against should either have the committees and the cooperation of other Senators practices she thought were horribly un- doing that or else we need this special on this matter. fair and were going to hurt this coun- Truman-type committee. Mr. LEVIN. I do welcome that assur- try, and she paid for it with her career. I commend him for his tenacity. I am ance. It is important for this institu- What a message to send to those who glad he is bringing this to a vote, and tion. Whether the President is a Demo- have the courage to blow the whistle maybe one of these days—hopefully crat or a Republican makes no dif- and speak up. Does anybody care about today—he will prevail. ference on this issue. This is a matter that? It doesn’t appear so. It really The PRESIDING OFFICER. The Sen- of this institution asserting its con- doesn’t appear that way. We have ator from Virginia. stitutional responsibility, and I thank asked Secretary Rumsfeld. We sent Mr. WARNER. At this point in time, my friend from Virginia. many letters to Secretary Rumsfeld. It a vote is imminent. Mr. WARNER. Mr. President, I spoke is like sending those letters into a deep f with Secretary of Defense Rumsfeld abyss someplace. You get a little one- very early this morning on this issue. paragraph reply saying: Got your let- EXECUTIVE SESSION ter, get back to you later. And there f will never be a later. That is the way it LEGISLATIVE SESSION NOMINATION OF DONALD C. WIN- works. Zip it up, cover it up, sew it up, The PRESIDING OFFICER. Under it doesn’t matter and, oh, by the way, TER, TO BE SECRETARY OF THE NAVY the previous order, the Senate will now ask Congress for more money; they will return to legislative session. certainly appropriate it. Don’t worry Mr. WARNER. Mr. President, I ask f where it is going. If it is waste, nobody unanimous consent that the Senate cares very much and, by the way, if now proceed to the Executive Calendar. NATIONAL DEFENSE AUTHORIZA- somebody does care and raises the The PRESIDING OFFICER. Without TION ACT FOR FISCAL YEAR issue, we will have sufficient votes on objection, it is so ordered. 2006—Continued it to say we won’t do anything about Mr. WARNER. I ask unanimous con- Mr. WARNER. Mr. President, under it. And those sufficient votes will go sent that the Senate immediately pro- the order, the Senate is about to ad- home and talk about the fact, boy, ceed to executive session to consider dress the amendment by the distin- they are tigers watching out for the Calendar No. 410. I further ask unani- guished Senator from North Dakota. American taxpayers. Hardly. Hardly. mous consent that the nomination be AMENDMENT NO. 2476 We will see, once again, in a few min- confirmed, the motion to reconsider be The PRESIDING OFFICER. The Sen- utes whether people really do care laid upon the table, the President be ator from North Dakota. about this and whether they are will- immediately notified of the Senate’s Mr. DORGAN. How much time re- ing to own up to the oversight respon- action, and finally that the Senate mains? sibility Congress has, to care about then return to legislative session. This The PRESIDING OFFICER. All time how the taxpayers’ money is spent. has been cleared on both sides. for debate has expired. This case is made. This is not an The PRESIDING OFFICER. Without open case, it is not an argument that Mr. DORGAN. I ask unanimous con- objection, it is so ordered. sent for 30 seconds. has to be made. This case is made. The The nomination considered and con- evidence is all around us. The question Mr. WARNER. Yes. firmed is as follows: Mr. DORGAN. The Senator from Vir- is whether enough Senators will care. DEPARTMENT OF DEFENSE Mr. President, I reserve the remain- ginia is quite right that we have twice Donald C. Winter, of Virginia, to be Sec- before voted on this amendment and I der of the time. retary of the Navy. The PRESIDING OFFICER. The Sen- believe ignored the value of the amend- ator from Virginia. The PRESIDING OFFICER. The Sen- ment. In almost all cases, there is vir- Mr. WARNER. Mr. President, I ask ator from Michigan. tue in being consistent, but being con- unanimous consent that I speak on the Mr. LEVIN. Mr. President, I believe sistently wrong is hardly virtuous. My bill for just a minute or two. now the confirmation has taken place? hope is the Senate will understand the The PRESIDING OFFICER. Without Mr. WARNER. That is correct. value of this amendment this morning objection, it is so ordered. Mr. LEVIN. I wish to have a very as we vote on it for the third time. Mr. WARNER. Mr. President, I say to brief colloquy with my dear friend from Mr. SESSIONS. Mr. President, I ask my good friend and colleague, if there Virginia on this matter, which I think unanimous consent to have 30 seconds is an award to be made for determina- he would want to comment briefly on, to respond? tion, he has it on this particular issue. and that is I understand that once Sec- Mr. WARNER. Yes. It is interesting that the Senator from retary Winter is confirmed, which he The PRESIDING OFFICER. Is there North Dakota invoked a good deal of now is, the Department of Defense will objection? history as to the Truman committee. I adopt an approach under which Sec- Mr. DORGAN. Mr. President, respond think colleagues should know, how- retary England will continue to act as on this amendment? ever, that the Senate has already ad- Deputy Secretary of Defense on an in- Mr. SESSIONS. I ask unanimous con- dressed this amendment on two pre- terim basis. This approach is lawful, sent to make one point on this amend- vious occasions: first on September 14, but it is temporary only and it is not ment. 2005, on the Commerce-State-Justice intended to establish a pattern for fu- Mr. WARNER. With time being given appropriations bill. The vote was 53 to ture appointments. Would the Senator to the Senator from North Dakota if he 44, defeated, and then again on October agree with that statement? wishes to rebut. 19, 2005, on the DOD appropriations bill. Mr. WARNER. Yes, Mr. President. The PRESIDING OFFICER. Without Again, the Senate rejected it 54 to 44. This is a subject I have discussed with objection, it is so ordered. Those matters should be before Sen- the administration and most specifi- Mr. SESSIONS. Mr. President, he ators. cally with the Secretary of Defense. I asked for 30 seconds, and I thought I Mr. LEVIN. Mr. President, if the Sen- assure my colleague that it will not es- would get 30 seconds after all time had ator will yield, since Senator DORGAN tablish a pattern because to me the ad- expired.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12644 CONGRESSIONAL RECORD — SENATE November 10, 2005 The Department of Defense inspector Rockefeller Sarbanes Stabenow our national security needs. That is general is working on this. I say this in Salazar Schumer Wyden why we have this bipartisan support. response to the idea that nothing is NAYS—53 We thank the chairman and ranking being done and nobody cares. That is Allard Dole McConnell member for their support as well of the not true. The Army inspector general’s Allen Domenici Murkowski amendment being offered by the Sen- office is fully engaged. The Army Bennett Ensign Roberts ator from Missouri and the Senator Bond Enzi Santorum Criminal Investigation Department is Brownback Frist Sessions from Connecticut. I am proud to be a engaged. The Defense Contract Audit Bunning Graham Shelby sponsor of it. Agency is engaged. The Defense Con- Burns Grassley Smith We urge adoption of the amendment. Burr Gregg Snowe tract Management Agency is looking Chambliss Hagel The PRESIDING OFFICER. The Specter Coburn Hatch question is on agreeing to the amend- at these things. Most important, in re- Stevens Cochran Hutchison sponse to Senator DORGAN’s concerns Sununu ment. The yeas and nays have been or- Coleman Inhofe and others, a Special Inspector General Collins Isakson Talent dered, and the clerk will call the roll. for Iraq Reconstruction is engaged and Cornyn Kyl Thomas The assistant legislative clerk called is very tough and capable. Craig Lott Thune the roll. Vitter Crapo Lugar Mr. MCCONNELL. The following Sen- The PRESIDING OFFICER. The Sen- DeMint Martinez Voinovich ator’s time has expired. DeWine McCain Warner ator was necessarily absent: the Sen- ator from Tennessee (Mr. ALEXANDER). Mr. DORGAN. In 30 seconds, I say the NOT VOTING—3 Senator has just made my point. He re- Further, if present and voting, the Alexander Corzine Inouye cited a long description of people inter- Senator from Tennessee (Mr. ALEX- ested in this, none of whom reside in The amendment (No. 2476) was re- ANDER) would have voted ‘‘yea.’’ the Congress. The oversight responsi- jected. Mr. DURBIN. I announce that the bility belongs to the Congress. It be- Mr. WARNER. Mr. President, I move Senator from New Jersey (Mr. CORZINE) longs here, and it is not happening to reconsider the vote, and I move to and the Senator from Hawaii (Mr. here. That is precisely the point I be- lay that motion on the table. INOUYE) are necessarily absent. lieve the Senator made on the floor The motion to lay on the table was The PRESIDING OFFICER (Mr. GRA- just a moment ago. That is precisely agreed to. HAM). Are there any other Senators in why we ought to support this amend- AMENDMENT NO. 2477 the Chamber desiring to vote? ment. Mr. WARNER. Mr. President, if we The result was announced—yeas 89, Mr. WARNER. Regular order. Have could have order in the Senate, can the nays 8, as follows: the yeas and nays been ordered? Senators with this amendment be rec- [Rollcall Vote No. 317 Leg.] The PRESIDING OFFICER. They ognized for, I think, 2 minutes each? YEAS—89 Mr. TALENT. Mr. President, Senator have not been ordered. Akaka Dodd Martinez LIEBERMAN and I have introduced this Mr. WARNER. I ask for the yeas and Allen Dole McConnell amendment which we believe is crucial Baucus Domenici nays. Mikulski in providing our Armed Forces with Bayh Dorgan Murkowski The PRESIDING OFFICER. Is there a Bennett Durbin the air transport capabilities they Murray sufficient second? Biden Ensign Nelson (FL) need. The amendment is cosponsored There appears to be a sufficient sec- Bingaman Enzi Nelson (NE) by Senators STEVENS, BOXER, FEIN- Bond Feinstein ond. Obama STEIN, CORNYN, CHAMBLISS, and a num- Boxer Frist Pryor Mr. WARNER. I further request the Brownback Graham Reed ber of others. We have worked with the Bunning Grassley yeas and nays on the Talent amend- Reid chairman, the ranking member, and Burns Gregg Roberts ment which follows. Burr Hagel the managers, and are grateful for Rockefeller Byrd Harkin The PRESIDING OFFICER. The yeas their help. It has been cleared on both Salazar and nays have been ordered on the Tal- Cantwell Hatch sides. It is an important amendment. I Carper Hutchison Santorum ent amendment. encourage the Senate to agree to it. Chafee Inhofe Sarbanes Schumer The question is on agreeing to the Mr. MCCAIN. Mr. President, I oppose Chambliss Isakson amendment. Clinton Jeffords Shelby the amendment. There has been a mo- Coburn Johnson Smith The clerk will call the roll. bility capability study which indicates Cochran Kennedy Snowe The legislative clerk called the roll. that we have an acceptable number for Coleman Kerry Specter Stabenow Mr. MCCONNELL. The following Sen- this capability. Collins Landrieu Conrad Lautenberg Stevens ator was necessarily absent: the Sen- We are looking at cuts in defense Cornyn Leahy Talent ator from Tennessee (Mr. ALEXANDER). spending, and there are a lot of tremen- Craig Levin Thune Further, if present and voting, the dous cost overruns. We are looking at Crapo Lieberman Vitter Dayton Lincoln Voinovich Senator from Tennessee (Mr. ALEX- rapidly escalating procurement costs. DeMint Lott Warner ANDER) would have voted ‘‘no.’’ These additional aircraft are not need- DeWine Lugar Wyden ed. They are not needed today. I be- Mr. DURBIN. I announce that the NAYS—8 Senator from New Jersey (Mr. CORZINE) lieve we have to at some point have Allard Kyl Sununu and the Senator from Hawaii (Mr. some kind of discipline and listen to Feingold McCain Thomas INOUYE) are necessarily absent. what we need and have in capabilities, Kohl Sessions and this is not one of them. The PRESIDING OFFICER. Are there NOT VOTING—3 any other Senators in the Chamber de- I yield the floor. Alexander Corzine Inouye siring to vote? Mr. DODD. Mr. President, as many of The result was announced—yeas 44, you may know, almost every person in The amendment (No. 2477) was agreed nays 53, as follows: uniform who has looked at this be- to. [Rollcall Vote No. 316 Leg.] lieves that this program is of critical Mr. WARNER. I move to reconsider importance to our national security the vote. YEAS—44 structures in the 21st century. There is Mr. KERRY. I move to lay that mo- Akaka Dodd Leahy not any debate that exists there. We tion on the table. Baucus Dorgan Levin Bayh Durbin Lieberman believe it is an important element. If The motion to lay on the table was Biden Feingold Lincoln we don’t do this, there is a great fear agreed to. Bingaman Feinstein Mikulski that this line will be dropped and the Mr. WARNER. Mr. President, we are Boxer Harkin Murray Byrd Jeffords C–17 will be lost. making progress on this bill. It is the Nelson (FL) We, obviously, have an interest in intention of the joint leadership, the Cantwell Johnson Nelson (NE) Carper Kennedy Obama Connecticut. The engines are made in majority leader, and the Democrat Chafee Kerry Pryor our State. But this aircraft is far more leader, that this bill be finished. Sen- Clinton Kohl Reed Conrad Landrieu important than where the engines or ator LEVIN and I are doing the best we Dayton Lautenberg Reid the bodies are made. It is important to can to accommodate all colleagues.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12645 The amendments we know of that re- any votes between, say, the hour of we must make certain that our vet- main—one by the distinguished Sen- 12:45 and 2 o’clock is most unlikely. As erans have our commitment and sup- ator from South Carolina. At this time a matter of fact, I ask unanimous con- port every day and not just Veterans I would like to set the hour of 2:30 to sent there be no votes during that pe- Day. consider that. Is that agreeable? riod of time to accommodate a number Too often our veterans’ priorities are We simply bring it up at 2:30 and we of Senators on both sides. not our own. As we saw earlier this determine how it unfolds with regard The PRESIDING OFFICER. Without year, VA had a tremendous funding to second degrees. objection, it is so ordered. shortfall. Mr. LEVIN. The Senator from Massa- Mr. LEVIN. Does the Senator expect It took some too long to acknowledge chusetts is ready to proceed with his the possibility of a vote before 12:45? what so many of us had known for amendment. Mr. WARNER. No. some time—that VA health care was Mr. WARNER. There is no objection Mr. LEVIN. So it is unlikely between not being funded at an adequate level— to that. now and when? a level commensurate with the sac- Mr. LEVIN. Senator AKAKA needs 5 Mr. WARNER. 2:15. rifice that our veterans made on the minutes—have you gone through this? The PRESIDING OFFICER. The Sen- beaches of Normandy, the harbors of Mr. WARNER. What I am trying to ator from Massachusetts. Hawaii, the jungles of Vietnam, and get at the moment is the amendments, Mr. KERRY. I understand the Sen- the deserts of the Middle East. and then we will try to splice in peri- ator from Hawaii wants to speak for 5 I am pleased that VA has announced ods of time for our colleagues to speak minutes. I ask unanimous consent the that it is suspending its planned review to other matters on the bill. Senator from Hawaii be recognized for of 72,000 post traumatic stress disorder Mr. LEVIN. We are hopeful we can 5 minutes and I be recognized at the claims. This is surely great news for all complete the drafting of an Iraq conclusion. veterans because many times VA com- amendment in the next half hour The PRESIDING OFFICER. Without pensation is the sole source of income which, if we succeed, we would want to objection, it is so ordered. for a veteran and his family. show it to the Senator from Virginia, The Senator from Hawaii. We must put into practice daily the but it may take some real time this f sentiment that Abraham Lincoln ex- afternoon. pressed when he said during his second Mr. WARNER. Fine. Let’s deal with VETERANS DAY 2005 inaugural address that we should—and the known quantities. Mr. AKAKA. Mr. President, I thank I quote the President— The Senator from Massachusetts my friend and colleague, Senator wishes to bring up an amendment care for him who shall have borne the battle KERRY, for the time. and for his widow and for his orphan. which is within the 12 amendments of Tomorrow is Veterans Day. I pause the Senator from Michigan. That is to this morning and join my fellow Amer- Our 25 million living veterans are the be taken up now. We will proceed with icans in paying homage to those who backbone of this Nation. that. There may well be an amendment served in this Nation’s Armed Forces. Today, I want to personally express in the second degree; I cannot antici- Observance of this day is a wonderful my gratitude to all veterans of our pate that. tradition that allows all Americans to Armed Forces and thank them for their Mr. LEVIN. If I could ask the Sen- reflect upon the sacrifices made by our service. ator to yield, the Senator from Min- veterans in protecting our freedoms Mr. President, I yield back the re- nesota has an amendment or needs and liberties. This Veterans Day is es- mainder of my time. morning business? pecially poignant during this time of The PRESIDING OFFICER. The Sen- Mr. DAYTON. To speak on two conflict. ator from Massachusetts. amendments already included in the Our current battles abroad are a con- AMENDMENT NO. 2507 managers’ package. stant reminder of the ordeals our sol- Mr. KERRY. Mr. President, I send an Mr. WARNER. We will try and pack- diers of this war and past wars endured amendment to the desk and ask for its age, for the moment, two items. The on behalf of this great Nation. I com- immediate consideration. Senator from Massachusetts will now mend the many soldiers, sailors, air- The PRESIDING OFFICER. The proceed on his amendment. We cannot men, and marines on Active Duty, and clerk will report. predict how long it will take because the National Guard and the Reserves, The assistant legislative clerk read we do not know of the potential for and their families for their service to as follows: second degrees. That will take place our country. Our support of our service The Senator from Massachusetts [Mr. under the underlying unanimous con- members must be steadfast and strong. KERRY] proposes an amendment numbered sent. At 2:30 we take up the amend- Veterans Day has a long and impor- 2507. ment of the Senator from South Caro- tant history. In 1911—at the eleventh Mr. KERRY. Mr. President, I ask lina and proceed on that. hour of the eleventh day of the elev- unanimous consent that reading of the Mr. LEVIN. With a second-degree enth month—an armistice was signed amendment be dispensed with. amendment expected on that. Mr. WARNER. So let us get those between the Allied nations and Ger- The PRESIDING OFFICER. Without two locked in for the moment. many, effectively ending World War I, objection, it is so ordered. Mr. LEVIN. Excuse me. We made ref- then hoped to be ‘‘the war to end all The amendment is as follows: erence to two other Senators within wars’’. In November of 1919, President (Purpose: To require reports on clandestine that period of time. Senator AKAKA Wilson proclaimed November 11 the facilities for the detention of individuals would get 5 minutes for morning busi- first commemoration of Armistice captured in the global war on terrorism) ness, and I want to make sure the Sen- Day. At the end of subtitle D of title X, add the ator from Minnesota, within that same This great day was initially cele- following: time period, will have 10 minutes that brated in honor of those veterans who SEC. ll. REPORTS ON CLANDESTINE DETEN- fought in World War I. TION FACILITIES FOR INDIVIDUALS relates to the pending amendments, as CAPTURED IN THE GLOBAL WAR ON I understand the Senator. It was not until 1954 that Congress, TERRORISM. Mr. DAYTON. Amendments to the at the urging of veterans service orga- (a) SECRETARY OF DEFENSE REPORT.— bill that are in the managers’ package. nizations, renamed Armistice Day as (1) REPORT REQUIRED.—Not later than sixty Mr. WARNER. And Senator BURR Veterans Day to extend the commemo- days after the date of the enactment of this needs 5 minutes. ration to all those who have so honor- Act, the Secretary of Defense shall submit to Within that period of time we will ac- ably served this Nation. the Committees on Armed Services of the commodate the three colleagues for Although we pause today to com- Senate and the House of Representatives a memorate the service of those who detailed report on the knowledge of the Sec- the matters they wish. retary, and of the personnel of the Depart- The PRESIDING OFFICER. Without served on behalf of this grateful Na- ment of Defense, on whether or not there ex- objection, it is so ordered. tion, we must make certain that this ists, or has existed, any clandestine facility Mr. WARNER. Further, I wish to in- day has meaning and is not merely set outside of United States territory for the de- form Senators that the likelihood of aside for fanfare and speeches. Indeed, tention of individuals captured in the global

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12646 CONGRESSIONAL RECORD — SENATE November 10, 2005 war on terrorism, whether operated by the (E) A description of the interrogation pro- congressional oversight in this matter United States Government or at the request cedures used or formerly used on detainees by requiring two classified reports— of the United States Government. at such prison or facility. one by the Secretary of Defense and (2) ELEMENTS.—The report required by (3) FORM OF REPORTS.—The reports re- one by the Director of National Intel- paragraph (1) shall include the following: quired by paragraph (1) shall be submitted in (A) Whether or not the Secretary or any classified form. ligence—to the appropriate committees, detailing the involvement of the personnel of the Department of Defense have Mr. KERRY. Mr. President, I ask Department of Defense and the intel- affirmative knowledge that a facility de- unanimous consent that Senator ligence community in these activities scribed in paragraph (1) exists. HARRY REID of Nevada and Senator (B) If the Secretary or any such personnel if, indeed, there is any. BIDEN be added as cosponsors of the have affirmative knowledge that such a fa- amendment. Not later than 60 days after enact- cility does exist— ment, the Secretary of Defense will (i) the existence of such facility; The PRESIDING OFFICER. Without (ii) any support provided by the Depart- objection, it is so ordered. provide a classified report to the House ment of Defense to any other department, Mr. KERRY. Mr. President, in recent and Senate Armed Services Commit- agency, or element of the United States Gov- weeks the American people and Mem- tees of any knowledge or participation ernment, or any foreign government, for the bers of the Senate have heard allega- in the operation of clandestine facili- establishment, operation, or maintenance of tions about the existence of secret pris- ties by the Department of Defense, in- such facility; on facilities operated by the U.S. Gov- cluding support provided by the De- (iii) the amount of funds obligated or ex- ernment in various countries around partment of Defense to any other part pended by the Department in furtherance of the world. of the U.S. Government or foreign gov- the establishment, operation, or mainte- Now, I know many of my colleagues ernment. The Secretary of Defense nance of such facility; take this matter very seriously. The must also report on whether the De- (iv) whether the Department has trans- Central Intelligence Agency has report- ported individuals captured in the global war partment has transported any individ- on terrorism to or from such facility, and if edly requested a Justice Department uals to or from such a facility, and so— investigation of how classified intel- whether detainees in such facilities are (I) the number of such individuals; ligence information made its way into to be tried by military commission. Fi- (II) the date of transfer of each such indi- print. Clearly, the revelation of the po- nally, this report will include details vidual to such facility; tential of these programs is a serious about detainees held at DOD facilities (III) the place from which each such indi- national security matter. It is one we for other Government agencies. vidual was so transferred; and can all agree on, no matter where we The second classified report required (IV) the identity of the agency or author- sit. ity in whose custody each such individual No one in this Chamber underesti- by this amendment is from the Direc- was held before such transfer. mates the seriousness of the war on tor of National Intelligence to the In- (v) whether any detainee in such facility is radical Islamic terrorists. It is a war telligence Committees of both the expected to be prosecuted by military com- House and the Senate. In it, the Direc- mission or another system for administering we have to win, we must win. And no one underestimates the depravity and tor will provide a detailed accounting justice; and of the nature, cost, and operation of (vi) the interrogation procedures used on the viciousness of our enemies. We do each individual detained in such facility. not need to look any further than the any clandestine prison or detention fa- (C) Whether or not the Department has bombings last night in Jordan to once cility operated by the U.S. Govern- ever held any individual captured in the again be reminded of the kind of enemy ment, regardless of location, where de- global war on terrorism at a facility con- we face—an enemy willing to always tainees from the global war on terror trolled by the Department at the request of, target the innocent. We know that suc- are being or have been held. or in cooperation with, another department, cess in any war requires the informed Now, let me be clear: We are not agency, or element of the United States Gov- consent of the American people. And in passing judgment on the merit or the ernment, and for any such individual so held, a detailed description of the circumstances an issue as sensitive as this, that in- value of these facilities. What we are surrounding the detention of such individual formed consent can only be derived saying is we need to know and under- and the disposition, if any of such individual. from the Congress’s full and appro- stand what the policy of our country is, (3) FORM OF REPORT.—The report required priate understanding and involvement what is being done with taxpayer by paragraph (1) shall be submitted in classi- in these issues. That in and of itself re- money, and what are the appropriate fied form. quires information and cooperation accounting and oversight mechanisms (b) DIRECTOR OF NATIONAL INTELLIGENCE from the administration so we in Con- with respect to this. REPORTS.— gress can provide effective and in- In its reporting, the Washington Post (1) REPORTS REQUIRED.—Not later than 60 formed oversight. That begins by said: days after the date of the enactment of this knowing what the money we authorize Act, the Director of National Intelligence and appropriate is being used to do. The CIA and the White House, citing na- shall provide to each member of the Select tional security concerns and the value of the The American people demand no less program, have dissuaded Congress from de- Committee on Intelligence of the Senate and than that. The fact is, we are not the Permanent Select Committee on Intel- manding that the agency answer questions ligence of the House of Representatives a de- aware; we are not as a Congress per- in open testimony [about the facilities]. tailed report setting forth the nature and forming that proper oversight. The vast majority of us first heard about My colleagues will note that both of cost of, and otherwise providing a full ac- these reports would be classified, both counting on, any clandestine prison or deten- the possibility of clandestine detention tion facility currently or formerly operated facilities in the Washington Post last of them would be limited to the com- by the United States Government, regardless Wednesday. mittees of jurisdiction. This is not of location, where detainees in the global Since then, we have heard that this about open testimony. It is about Con- war on terrorism are or were being held. may have been discussed by Vice Presi- gress doing its appropriate job through (2) ELEMENTS.—The reports required by dent CHENEY in a meeting with the Re- the appropriate committees. paragraph (1) shall set forth, for each prison I do not have any doubt that in the or facility covered by such report, the fol- publican caucus. That obviously comes lowing: from statements by people at the cau- American public’s mind we are all (A) The location and size of such prison or cus made publicly. If, as has been re- united and determined to win the war facility. ported by Senator LOTT, members of against radical Islamic terrorists. But I (B) If such prison or facility is no longer the Republican caucus can hear about do know that any administration that being operated by the United States Govern- these facilities from the Vice President tries to keep Congress in the dark ulti- ment, the disposition of such prison or facil- of the United States, then the Senate mately winds up damaging the very ef- ity. Armed Services Committee and the fort we are engaged in. We have seen (C) The number of detainees currently held this all through history. This goes or formerly held, as the case may be, at such Senate Select Committee on Intel- prison or facility. ligence ought to be able to receive a back for years in the relationship of (D) Any plans for the ultimate disposition full accounting. oversight by the Congress and efforts of any detainees currently held at such pris- So the amendment I offer today by administrations to undertake clan- on or facility. seeks to simply assert, appropriately, destine initiatives on their own.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12647 The executive branch cannot win this (The remarks of Mr. BURR pertaining ously wounded or maimed for life. by itself. It needs Congress to be in- to the introduction of S. 1990 and S. When we talk about supporting our vested. It needs Congress to be knowl- 1991 are printed in today’s RECORD troops, which all of us truly want to edgeable. It needs Congress to act on under ‘‘Statements on Introduced Bills do, two very important ways are behalf of the American people. And in and Joint Resolutions.’’) through childcare and family assist- this case, the simple job of oversight is The PRESIDING OFFICER. The Sen- ance services. critical to our ability to maintain the ator from Minnesota. I wanted to take this opportunity to consensus necessary for our Nation. We Mr. DAYTON. I ask unanimous con- address briefly a related area, one vital have seen too often too many instances sent that I be permitted to speak as in to our national security. Last week the of efforts that go awry that cost us le- morning business for up to 15 minutes. Washington Post reported that the CIA verage as a nation, cost us leverage The PRESIDING OFFICER. Without is operating secret prisons in up to with other communities, and ulti- objection, it is so ordered. eight other countries, including one in mately may even cost us lives of Amer- Mr. DAYTON. Mr. President, I rise to a former Soviet gulag in eastern Eu- icans because they do go awry without thank the distinguished chairman of rope. These are so-called ‘‘black sites’’ the proper consent. the Senate Armed Services Committee where reportedly the CIA’s ‘‘enhanced We also do better as a country in and the ranking member, who are two interrogation techniques,’’ some of these kinds of efforts when Members of of the finest public servants I have ever which are prohibited by U.N. conven- both parties across the aisle have had the privilege of knowing, for their tion or U.S. military law—in other joined together in a foreign policy that leadership of that committee on which words, torture—are being used against represents the broad consensus of the I serve and for their leadership on this unidentified subjects for indefinite pe- American people and where all of us important legislation before the Sen- riods of time. They are reportedly are accepting responsibility for our ac- ate, which I support. I also thank them being denied lawyers or any oppor- tions. for including two of my amendments in tunity to defend themselves against I would hope my colleagues, the dis- the bill, the first of which is a sense-of- whatever charges of wrongdoing have tinguished chairman and ranking mem- the-Senate resolution, which I am brought them there. ber, would accept this amendment be- proud to coauthor with Senator MUR- At the same time, the Vice President cause I think it acts in the best inter- RAY of Washington and Senator COL- has reportedly given ‘‘one of the most ests of this institution and of our Na- LINS of Maine, that says the Depart- impassioned pitches he has ever deliv- tion. ment of Defense must honor its prom- ered’’ to Republican Senators at last With that, Mr. President, I yield the ise to pay reenlistment bonuses to week’s caucus lunch opposing the floor. members of the Army National Guard. McCain amendment, which passed the The PRESIDING OFFICER. The Sen- I was told yesterday that the Pentagon Senate by a vote of 90 to 9, that would ator from Virginia. has reversed its position and has now prohibit the use of torture against de- Mr. WARNER. Mr. President, the approved the National Guard’s pay- tainees. The President has reportedly Senator from Massachusetts provided ment of those promised reenlistment threatened to veto the entire 2006 De- us a copy of his amendment just a bonuses. fense appropriations bill if it contains minute before he began his remarks to My second amendment authorizes an the McCain amendment. The Vice the Senate. Senator ROBERTS, on this additional $50 million for childcare for President was reportedly urging that side, is now in consultation with the Active-Duty military families and an the prohibition against torture be ranking member, Senator ROCKE- additional $10 million for family assist- stricken, or at least an exception be FELLER, and I anticipate that one or ance centers. The committee bill al- given to the CIA. both will shortly come to the floor on ready provided for increased funding Now we know why the President and this issue. At this time I suggest the for these two vital programs, and I the Vice President are so adamantly absence of a quorum. thank the chairman and ranking mem- opposed to the Senate’s ban on the use The PRESIDING OFFICER. The ber for agreeing to these further au- of torture or want an exemption for the clerk will call the roll. thorizations which parallel the in- CIA. It is because the CIA is operating The assistant legislative clerk pro- creased funding that I added to the secret prisons in other countries where ceeded to call the roll. Senate’s 2006 Defense appropriations torture is allegedly being used. Why Mr. WARNER. Mr. President, I ask bill. else would they be against prohibiting unanimous consent that the order for Our military families are facing in- torture, if they weren’t doing it or in- the quorum call be rescinded. creased pressures as husbands and tending to do it? The PRESIDING OFFICER. Without wives are deployed in faraway war In response to the Post story, Repub- objection, it is so ordered. zones and thus separated from their lican congressional leaders sent a let- Mr. WARNER. Mr. President, I ask families for up to 18 months at a time. ter to the chairmen of the Senate and unanimous consent that the quorum The Office of the Secretary of Defense House Intelligence Committees recall not be charged to the time of ei- has reported that some 38,000 children questing them to ‘‘immediately ini- ther the proponent of the amendment of Active-Duty families are being de- tiate a joint investigation into the pos- or those who will be giving a different nied childcare in military facilities due sible release of classified information perspective, perhaps, in opposition. to the lack of funding for the centers to the media alleging that the United The PRESIDING OFFICER. Without and for the spaces needed. This imposes States Government may be detaining objection, it is so ordered. an unfair additional hardship on these and interrogating terrorists at undis- Mr. WARNER. I suggest the absence wonderful American families. The ex- closed locations abroad. As you know, of a quorum. tended absence of a parent is com- if accurate, such an egregious disclo- The PRESIDING OFFICER. The pounded by the lack of available, reli- sure could have long-term and far- clerk will call the roll. able childcare. For the same reasons of reaching damaging and dangerous con- The assistant legislative clerk pro- extended absences, emotional and fi- sequences, and would imperil our ef- ceeded to call the roll. nancial stresses, and the understand- forts to protect the American people Mr. BURR. Mr. President, I ask unan- able need for support, the military and our homeland from terrorist at- imous consent that the order for the family assistance centers are more im- tacks.’’ quorum call be rescinded. portant now than ever. They are espe- Well, with all due respect, I say that The PRESIDING OFFICER (Mr. WAR- cially valuable for the families of Re- the Republican leaders have the right NER). Without objection, it is so or- serve and Guard men and women whose idea but the wrong focus. There ought dered. wife or husband is called to active duty to be a congressional investigation, but Mr. BURR. Mr. President, I ask unan- and then deployed in adjusting to ex- it ought to be on the existence of those imous consent to address the Senate as tended absences and then readjusting secret prisons, on who is being held in morning business. to the spouses return or, in the worst there, why, for how long, and how are The PRESIDING OFFICER. Without case, to the spouse’s not returning they being treated, whether torture is objection, it is so ordered. home alive, or returning home seri- being used, and why these ‘‘black

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12648 CONGRESSIONAL RECORD — SENATE November 10, 2005 sites’’ are being hidden from Congress. sands of Kuwait. We pay homage to our McLemore always chose to be up front I know my colleague, the distinguished veterans’ sacrifice and courage, and providing a ‘‘Ministry of Presence’’ to Senator from Massachusetts, Mr. also to the brave men and women who those in the greatest place of danger. KERRY, has just proposed an amend- now follow their example in places like Those who served in combat with ment to this legislation that would re- Iraq and Afghanistan. Chaplain McLemore knew that he quire disclosure of these secret sites. In paying respect, we must also fol- would always be there with a listening I ask unanimous consent to be added low through on our Nation’s commit- ear, an open heart, and a guiding hand. as a cosponsor of his amendment. ment’s to ensure our veterans receive His mere presence gave courage and in- The PRESIDING OFFICER. Without the benefits they earned and deserve. spiration to those who knew that they objection, it is so ordered. Arkansas has a long and distin- could lose their lives at any minute. Mr. DAYTON. The oversight respon- guished record of service, one that my As any chaplain, Chaplain McLemore sibilities of Congress have tragically State is proud of, and one that we will did not carry a weapon as he faced the been emasculated by this administra- continue to build upon. In addition to perils of combat, but the soldiers he tion, and too many Members of Con- honorable service by our active duty served with knew that he carried more gress have acquiesced. They have soldiers, marines, seamen and airmen, firepower than any of them, the grace bowed to this administration’s wishes the Arkansas National Guard has mo- and word of God, and they always or demands that it be able to do what- bilized more than 8,000 of its guards- wanted Chaplain McLemore and that ever it wants, wherever it wants, and men since Sept. 11, 2001. In fact, this firepower with them. to whomever it wants. And then, if Veterans Day is an especially poignant They knew that he risked his life they are caught doing it, they say it is one for families in Rogers, AR where every day for one mission, to serve part of the war against terror, or that 180 guardsmen have just been deployed them. In the simple but strong bond of it is essential to our national security. to serve in Iraq. combat, it was clear that Chaplain You don’t defeat terror with terror. Arkansas is not alone in its commit- McLemore loved his fellow soldiers and You don’t stop those inhuman beings ment to military service. Since the they loved him. who would commit atrocities by com- wars in Iraq and Afghanistan, there are Two months after his return from mitting atrocities against them. And 393,000 new veterans to care for, includ- Operation Iraqi Freedom II, Chaplain you don’t make our citizens more se- ing 103,000 who are currently seeking McLemore was involved in a motor- cure by taking away other people’s health care from VA hospitals. cycle accident where he sustained se- brothers and sisters, mothers and fa- We can never truly repay our vet- vere injuries. Today, he fights to re- thers to secret gulags and torturing erans for their service to our Nation, cover from those injuries in the Vet- them for months or years. Of those tor- but we can care for them just as they erans Administration Hospital in ture victims themselves, if you release cared for us. In honor of these men and North Little Rock, AR. them, does anyone suppose that they women, Senator NORM COLEMAN and I As he does, he has the prayers, re- will not be filled with hatred and re- have introduced the Veterans Benefits spect, and encouragement from us and venge towards the United States? After Outreach Act to help ensure that all all of his fellow soldiers. We honor him they have been tortured, you keep veterans collect the benefits they have today for his commitment and selfless them secretly locked up forever so they earned but for whatever reason are not service to God, his country, and his fel- can’t torture Americans in return? receiving. low soldiers. Thank you, Chaplain These are not only hideous, horrible, Nearly 600,000 veterans nationwide David McLemore. God Bless and God- and inhuman practices, they are stupid are not receiving the benefits they are speed. policies, shortsighted, misguided, and entitled to, often due to a simple lack We owe all our veterans not only our immoral policies which, if not illegal, of knowledge that they are eligible. gratitude, but also our freedoms and should be, and which, to use the CIA’s Instead of veterans having to cut American way of life. Our military has term, will blow back or boomerang through bureaucracy to learn about kept us safe for a long time. We cannot against our own citizens in the years and receive the various benefits they thank them enough, but we can begin ahead. earn, our bill seeks to bring this infor- to repay their sacrifices by providing Yes, there should be a congressional mation to them. It requires the VA to them with the resources they need in investigation into how unelected peo- prepare a plan to identify veterans who the field and the support they have ple with no accountability to the are not enrolled in programs they are earned when they return home. American people or to the civilized eligible for and an action plan to enroll Mr. President, I suggest the absence world can usurp the powers and respon- them. of a quorum. sibilities which are this Congress’s by This measure represents an oppor- The PRESIDING OFFICER. The law, and why this Congress has let tunity to help our current veterans and clerk will call the roll. them get away with it and continues to meet the challenges we foresee instead The legislative clerk proceeded to look the other way while they blacken of waiting until benefit problems esca- call the roll. America’s great name, debase our good late for a new generation of veterans. I Mr. MCCONNELL. Mr. President, I values, and endanger our national secu- hope this Veterans Day will add the ask unanimous consent that the order rity with their depravity. necessary momentum for the full Sen- for the quorum call be dispensed with. I yield the floor and suggest the ab- ate to consider and pass this measure. The PRESIDING OFFICER. Without sence of a quorum. We owe this to veterans like Chap- objection, it is so ordered. The PRESIDING OFFICER. The lain—Colonel—David McLemore—a sol- f clerk will call the roll. dier’s soldier who has dedicated a ca- The assistant legislative clerk pro- reer to providing outreach to service FOREIGN OPERATIONS, EXPORT ceeded to call the roll. men and women in the field. FINANCING, AND RELATED PRO- Mr. PRYOR. Mr. President, I ask Chaplain McLemore is a native Ar- GRAMS APPROPRIATIONS ACT, unanimous consent that the order for kansan and has served as a chaplain in 2006—CONFERENCE REPORT the quorum call be rescinded and that the Arkansas Army National Guard for Mr. MCCONNELL. Under the previous I be allowed to speak for 10 minutes as 21 years. During that time he has order, I ask unanimous consent that in morning business. served soldiers at the company, bat- the Senate proceed to the immediate The PRESIDING OFFICER (Mr. MAR- tery, battalion, and brigade level. He consideration of conference report to TINEZ). Without objection, it is so or- has personally answered the call to accompany H.R. 3057, the Foreign Oper- dered. duty in two wars, Operation Desert ations appropriations bill. I further ask VETERANS DAY Storm and Operation Iraqi Freedom II. that there now be 5 minutes of debate, Mr. PRYOR. Mr. President, as Vet- In both of these conflicts, Chaplain and that following the next vote on the erans Day approaches, we pay homage McLemore served on the front lines Defense authorization bill the Senate to the soldiers who once stormed the with combat units, where he min- proceed to a vote on adoption of the beaches of Normandy, reclaimed the istered to soldiers conducting the day- conference report with no intervening mountains of Korea and crossed the to-day fight with the enemy. Chaplain action or debate.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12649 The PRESIDING OFFICER. Is there pleased we were able to provide signifi- funding for the Comprehensive Test objection? cant funding for Afghanistan, Paki- Ban Treaty International Monitoring Mr. LEVIN. Mr. President, reserving stan, Israel and Sudan. System, for which the President did the right to object—I, of course, will Given bipartisan support for several not request sufficient funds. The not—in terms of sequence, it is possible accounts, we were able to provide mod- amount in this conference report rep- there may be two amendments relating est increases over last year’s enacted resents a cut of $4.498 million below the to the first-degree amendments relat- levels for the Child Survival and fiscal year 2005 level, and is at least $6 ing to the same subject. If that were Health Programs Fund, Development million less than the amount of the true, it may be wiser that this not in- Assistance, International Narcotics U.S. share for this vitally important tervene those two amendments. Control and Law Enforcement, Migra- monitoring system. Have amendments been scheduled for tion and Refugee Assistance, and Non- The fact is, despite the help we got votes? proliferation, Anti-Terrorism, Demin- from Chairman COCHRAN and Senator The PRESIDING OFFICER. No ing and Related Programs. BYRD with our allocation, for which we amendments are scheduled at this For HIV/AIDS, TB and malaria, we are very grateful, this conference re- time. provided a total of $2.8 billion from all port does not provide nearly enough re- Mr. MCCONNELL. Mr. President, in accounts in the bill, an increase of $268 sources to respond adequately to the other words, the Senator from Michi- million above the budget request. multitude of threats we face across the gan is suggesting this simply be at the There is $450 million available for a globe. We had to make the kind of pee- end of the next sequence and, there- U.S. contribution to the Global Fund. vish choices that the world’s wealthi- fore, not in the middle. We also include a provision, for the est, most powerful country should not Mr. LEVIN. I think that may be bet- first time in the bill, designating $100 be making. ter. million to combat malaria. There are other funding problems in Mr. MCCONNELL. Mr. President, I so Finally, the bill includes a new ap- this conference report, but on the modify my request. propriations account entitled ‘‘Democ- whole it strikes the right balance for The PRESIDING OFFICER. Is there racy Fund’’ that will help ensure the bipartisan support it needs, and for objection to the modification? America’s activities to promote democ- that I commend Chairman MCCONNELL, Mr. KERRY. Reserving the right to racy, good governance, human rights Chairman KOLBE, and Congresswoman object. and the rule of law abroad are con- LOWEY. We have worked very coopera- Mr. MCCONNELL. Mr. President, I ducted in a more efficient and effective tively as is our practice, and I think we understand I have the floor, but I am manner. did about the best we could with an al- perfectly willing to yield for a ques- Let me close with a brief word of location that was almost $2 billion tion. thanks to my staff—but especially to below the President’s budget request. their families. It takes a long time to Mr. KERRY. I do not object. I want to mention a few other issues. The PRESIDING OFFICER. Is there produce a foreign aid bill, and I appre- First, Colombia. I was pleased that objection? Without objection, it is so ciate the dedication of Tom Hawkins, the conferees agreed to my request to ordered. Harry Christy, Bob Lester, LaShawnda provide an additional $6 million for The clerk will report. Smith and Paul Grove to this task. But economic and social programs. Despite The legislative clerk read as follows: to their families, I offer a special thanks for their understanding and assurances by the administration that The Committee of Conference on the dis- they would increase funding for these agreeing votes of the two Houses on the support as the midnight oil was burned amendment of the Senate to the bill (H.R. and weekends were spent at the office. programs as the security situation in 3057), making appropriations for foreign op- I hope we can move quickly to a vote Colombia improves, they have done the erations, export financing, and related pro- on the conference report. opposite. Military programs have con- grams for the fiscal year ending September Mr. LEAHY. Mr. President, I support sistency received a larger share of the 30, 2006, and for other purposes, having met, the Foreign Operations Conference Re- budget. have agreed that the House recede from its port for fiscal year 2006 and urge all I was pleased that the conferees in- disagreement to the amendment of the Sen- cluded report language I requested, diate to the text, and agree to the same with Senators to vote its passage. an amendment, and the Senate agree to the Like every appropriations bill, there recting that $500,000 of our military aid same; that the Senate recede from its are things in this conference report for Colombia be used to pay incidental amendment to the title of the bill, signed by that I disagree with. There are pro- costs relating to the treatment at U.S. all of the conferees on the part of both grams which I, as do many here, be- hospitals of seriously injured Colom- Houses. lieve need substantially more funding bian soldiers. Due to the tireless work The PRESIDING OFFICER. The Sen- than we were able to provide. A good of the nonprofit organization ‘‘United ate will proceed to the consideration of example is our migration and refugee for Colombia,’’ these hospitals have the conference report. programs. This conference report pro- generously offered to perform this sur- (The conference report is printed in vides less than the President requested gery—which requires sophisticated the proceedings of the House in the and far less than the Senate bill. The technology and expertise that is un- RECORD of November 2, 2005.) suffering of refugees and displaced peo- available in Colombia—free of charge. Mr. MCCONNELL. Mr. President, I ple that we are able to relieve but will But there are additional expenses such want to take a moment before the Sen- not because of the scant resources in as transportation, lodging and medi- ate completes consideration of the fis- this bill is shameful and inexcusable. cines. The conferees also included my cal year 2006 foreign operations and re- We and other industrialized nations recommendation that additional as- lated programs conference report to could and should do far more to help sistance from the Leahy War Victims thank Chairman KOLBE and Ranking them. Fund be made available for civilians Member LOWEY in the House, and their Another problem is HIV/AIDS, al- who have been injured by landmines staffs, and my friend from Vermont though we were able to provide $268 and other causes relating to the con- and his staff for the hard work and million more than the President re- flict. compromise that went into this legisla- quested. I am disappointed that the The conference report also includes tion. amount of our contribution to the language concerning the demobiliza- Although the bill we send to the Global Fund to Fight AIDS, TB and tion of Foreign Terrorist Organizations President is more than $1.8 billion Malaria was $50 million less than in the in Colombia. We would like to support below the budget request—and more Senate bill. There are few more com- this process, but it has been flawed than $1.1 billion below the Senate pelling needs for those funds than from the beginning and the ‘‘Peace and mark—we did our best to fund our Na- fighting these insidious diseases. Justice’’ law has been widely criticized tion’s foreign assistance priorities, I had hoped we would have enough to by human rights experts in Colombia, whether countering terrorism, com- fully fund the Non-Proliferation, Anti- the United States, Europe, the United bating HIV/AIDS, TB and malaria or Terrorism, Demining and Related Pro- Nations, and the Organization of Amer- advancing democracy abroad. I am also grams account. It is a mistake to cut ican States. There is considerable

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12650 CONGRESSIONAL RECORD — SENATE November 10, 2005 skepticism that the paramilitary lead- The conference report provides as- Finally, the conference report re- ers will in fact give up narco-traf- sistance to the Indonesian Navy in the quires a report on the humanitarian ficking, surrender their illegally ac- amount requested by the Administra- and human rights situation in West quired land and other assets, or be tion, and it also provides IMET assist- Papua. brought to justice. We want to be sure ance for Indonesia without restriction. Another item I want to mention is that the law is being implemented in a In addition, our largest counterterror- Nepal. We have once again put condi- manner that lives up to its promise of ism training program is with Indo- tions on our military aid because of the peace and justice, that these organiza- nesia, and the Defense Department reg- King’s undemocratic and repressive actions are dismantled, and that their ularly conducts joint exercises and tions on February 1, and the army’s leaders receive the severe punishment other activities with the Indonesian continuing involvement in human they deserve. military. rights violations. We detest the tactics We provide up to $20 million in fiscal But one area where there has been no of the Maoists, who forcibly recruit year 2006 for the demobilization. These discernable progress is accountability children, who engage in extortion, and are mostly funds that were already re- for crimes by the army. In 1992 the In- brutalize civilians. But the King’s ac- quested by the Administration for donesian army shot to death an esti- tions have only made a political solu- other purposes. We require the Sec- mated 200 unarmed protesters in a cem- tion to the conflict in Nepal more elu- retary of State to first certify that cer- etery in Dili, East Timor. A few low- sive, and at great cost to democracy tain conditions have been met and to ranking soldiers were punished, but in and the rule of law. The conference notify the Congress. This reflects the a perversity of justice several of the ci- agreement provides $2.5 million for a serious concerns that Members of Con- vilians were sent to jail for far longer U.S. contribution to the U.N. High gress have with the demobilization sentences. Then in 1999, the Indonesian Commissioner for Human Rights Office process. Among those conditions is military armed the militias who laid in Nepal, to monitor and report on that the Government of Colombia is waste to East Timor after the inde- human rights violations throughout ‘‘providing full cooperation to the Gov- pendence referendum. The U.N. identi- the country. ernment of the United States to extra- fied the top officers involved and ac- The conference agreement also pro- dite the leaders and members of [For- cused them of crimes against human- vides another $10 million for USAID’s new Amazon Basin Conservation Strat- eign Terrorist Organizations] who have ity, but the army sabotaged the gov- egy. This is a regional initiative that I been indicted in the United States.’’ ernment’s halfhearted efforts to bring am personally committed to, and I This is very important, and it was in- them to justice. Thousands of innocent cluded at the insistence of both Repub- greatly appreciate the efforts that people died, and no one has been pun- lican and Democrat Members. When we USAID has made to develop this strat- ished. say ‘‘full cooperation’’ we mean noth- Some have suggested that because egy through an extensive process of ing less. We want to see these people in these are ‘‘past’’ crimes, we should consultations with governments and nongovernmental organizations. handcuffs and on an airplane to the look forward, not backward. What The Amazon Basin encompasses nine United States as soon as possible. We crime isn’t a past crime? Does that do not want anything to happen that countries and has global environ- make it any less important that justice mental, health and economic impor- would interfere with the extradition of be done? How do you prevent future the leaders of these narcoterrorist or- tance that dwarfs any other forest or atrocities if you let those who order ganizations—organized crime syn- river system in the world. We all have and commit murder get away with it? dicates is what they are—for major a responsibility to protect it. Brazil What is more fundamental to democ- crimes for which they have been in- and Colombia are examples of coun- racy than justice? tries that already have environmental dicted here. For many years, the Congress has put These are not ordinary criminals. laws and policies in place and protected conditions on U.S. assistance to the In- Some of them make Pablo Escobar areas and indigenous reserves. Coordi- donesian army. The conditions in our look like an amateur. They are respon- nating with other donors, governments law require nothing more than that the sible for creating and arming their own and civil society organizations, we can army respect the law, yet both Sec- death squads, for killing thousands of help build the capacity to strengthen, retary Rumsfeld and Secretary Rice civilians, for shipping billions of dol- enforce, implement, and replicate these asked Congress to eliminate the condi- lars worth of cocaine into the United laws and policies throughout the re- tions. I understand there are com- States, and they have infiltrated many gion. peting concerns and that we and Indo- sectors of Colombian society including, On a related matter, the conference we learned recently, the police intel- nesia have common security interests. report requires USAID to establish a ligence service. We also know they I would have supported their request if new position of ‘‘Advisor for Indige- have sway with some members of the there were any sign that the Indo- nous Peoples Issues.’’ Indigenous peo- Colombian Congress. nesian army is prepared to be account- ples, from the Kalahari Desert in Bot- Impunity has been the norm through- able to the law for any of these heinous swana to the forests of Ecuador, are out Colombia’s history. Nothing would crimes. So far, there is not. the most vulnerable people on Earth. be worse for the cause of justice, or for The conference agreement also re- Their land and traditional ways of life democracy in Colombia, than for peo- quires a report on the status of the FBI are under siege, and often their own ple who are among the most notorious investigation of the August 2002 mur- governments are part of the problem, criminals in this hemisphere to escape ders of two American civilians and one as was the case in our own country a punishment that is proportional to Indonesian civilian in Timika, West century and a half ago. USAID, which their crimes. If that happens, you can Papua. Soon after the killings the In- works in these countries on issues that be sure that their criminal enterprises donesian military tried to frame an in- affect indigenous peoples, needs some- will not be dismantled, the cocaine will nocent man. Then, when the police im- one who is knowledgeable and has the keep flowing across our borders, the plicated the military in the attack, the responsibility to consult with indige- Colombian people will continue to be investigation abruptly ended. Nothing nous peoples, advocate on their behalf plagued by narcotics related violence happened for another year or so be- in relation to USAID policies, pro- and corruption, and peace and justice cause the military actively impeded grams and activities and coordinate will remain out of reach. further efforts to investigate. Since with other federal agencies. I look for- Another item in this conference re- then, the military has been more coop- ward to discussing this with USAID. port deals with Indonesia. erative and one West Papuan indi- I want to mention a provision in this President Yudhoyono, who was demo- vidual has been indicted in the U.S. conference report that deals with re- cratically elected, has been advancing But he has yet to be indicted in Indo- form at the multilateral development reformist policies that we support, in- nesia and responsibility for this hei- banks. There are several parts to this cluding reducing the army’s role in the nous crime does not stop there. It is provision, but one that deserves special political process. He has also been a re- now more than three years since this mention concerns the rights of whistle- liable ally in fighting terrorism in the tragedy and no one has been brought to blowers. Too often at these institu- world’s largest Muslim country. justice. tions, people who complain about

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12651 waste, fraud or abuse are harassed, losses as a result of the military oper- USAID’s management of appropriated threatened, silenced, or demoted. That ations. By providing this assistance the funds. This cut will force USAID to is the opposite of what should happen, United States is seeking to alleviate make difficult choices, which should be and it is long overdue for whistle- the suffering, as well as the anger and the subject of consultations with the blowers to be given the protection and resentment, resulting from tragic mis- Appropriations Committees. recourse they deserve. This provision, takes that occur in the military oper- There are many other provisions in among other things, calls for inde- ations. this conference report that I do not pendent adjudicatory bodies, including I was also pleased that the con- have time here to recount. I want to ‘‘external arbitration based on conference report includes $15 million to again thank my friend from Kentucky, sensus selection and shared costs’’. I support an initiative I sponsored to Senator MCCONNELL, who has been a believe that access to external arbitra- combat certain neglected diseases. pleasure to work with. I also thank our tion is long overdue, and I urge the Lymphatic filariasis, onchocerciasis, counterparts in the House, Congress- World Bank and the other MDBs to act intestinal parasites, schistosomiasis, man KOLBE and Congresswoman expeditiously to implement this and leprosy, and trachoma cause terrible LOWEY, and their capable staffs. I com- the other reforms called for in this pro- suffering and disfigurement among mend the Senate majority staff, Paul vision. hundreds of millions of people in most- Grove, Tom Hawkins, Harry Christy, The conference report provides $1.77 ly tropical countries. In addition to Bob Lester and LaShawnda Smith. billion for the Millennium Challenge providing additional funds to prevent They put in long hours and they held Corporation, MCC. While this rep- and treat these diseases, this initiative themselves to the highest standards. resents a deep cut from the President’s seeks to develop a multilateral, inte- And for the minority, I thank Tim request, it reflects the tight budgetary grated approach to coordinate and Rieser, Kate Eltrich and Jennifer Park. constraints we faced. The conference maximize donor contributions to con- EAST TIMOR allocation required us to cut nearly $2 trol them. This is important because Mr. LEAHY. Mr. President, I want to billion from the President’s total re- current efforts are poorly coordinated mention one other item in the Foreign quest and therefore many programs, in- and underfunded. As with the infec- Operations conference report. It does cluding the MCC, were not fully fund- tious diseases initiative I sponsored not earmark Foreign Military Financ- ed. nearly a decade ago, I look forward to ing funds for Timor-Leste, formerly I support the goals of the MCC, and I working with USAID, other Federal East Timor, the world’s newest democ- look forward to working with the new agencies, the World Health Organiza- racy and a friend of the United States. CEO Ambassador Danilovich. We know tion, and the relevant international However, we do not earmark funding that foreign aid is most effective when technical and nongovernmental organi- for many of the countries for which governments are committed to fighting zations to develop such an approach FMF was requested, but we provide corruption and addressing the needs of that has broad support. $241.7 million in FMF assistance to their people, and when public officials, I was disappointed that the amount cover these needs, including for Timor- civil society and the private sector provided for the Global Environmental Leste. The administration’s budget rework together to reduce poverty. Facility, $80 million, fell $27 million quest included $1.5 million in FMF for I am pleased that the conference short of the U.S. pledge. I want to em- East Timor. The fact that we did not agreement includes language empha- phasize that this cut does not reflect earmark these funds for Timor-Leste sizing the importance of strong partici- any dissatisfaction on the part of the should not be misinterpreted as an in- pation from indigenous civil society or- conferees with the GEF, which had dication of any disagreement on the ganizations to help ensure that the taken steps to adopt management and part of the conferees with the adminis- MCC is responsive to local people’s transparency reforms advocated by the tration’s request. concerns. It is through the meaningful United States, but instead was due to Mr. MCCONNELL. That is correct. participation of civil society that de- budgetary constraints. As a strong sup- We did not earmark FMF for Timor- mocracy is strengthened, good govern- porter of the GEF I am hopeful that we Leste but we intend the administration ance is valued, and open discussions of can make up this shortfall in the fiscal to provide an amount similar to the re- how best to achieve national priorities year 2007 budget. quest. We also provided $1.5 million in are accomplished. The conference The conference report supports the International Narcotics and Law En- agreement requires the MCC to submit Extractive Industries Transparency forcement, INCLE assistance for a report that details how contributions Initiative, which aims to improve the Timor-Leste, for on the ground police of indigenous civil society have been capacity of developing countries to training, as well as $19 million in Eco- incorporated in completed compact ne- sustainably manage the extraction of nomic Support Fund assistance. The gotiations. natural resources and to monitor reve- cut in ESF from the fiscal year 2005 The conference report provides funds nues generated from such extraction so level of $22 million was due, in part, to above the President’s request for both they are used for purposes which ben- the earmark in INCLE assistance the Inter-American Foundation and efit their people. This is an anti-cor- which had not been requested by the the African Development Foundation. ruption, good governance initiative administration. The Congress strongly supports the spearheaded by the British Govern- Mr. MCCONNELL. Mr. President, do I work of these foundations which sup- ment, which responds to the long- have time under the consent agree- port local initiatives to increase in- standing practice in many developing ment? come for Latin America’s and Africa’s countries of exploiting natural re- The PRESIDING OFFICER. The Sen- poorest people. sources in a wasteful and environ- ator does. I was very pleased that the con- mentally destructive manner that ben- Mr. MCCONNELL. I yield back the ference report provides additional as- efits only the elites. The conference remainder of my time. sistance for civilian victims of the agreement provides $1 million for The PRESIDING OFFICER. All time military operations in Iraq and Af- USAID to support EITI implementa- is yielded. ghanistan. We provide $5 million for tion and to strengthen the role and ca- f the Marla Ruzicka Iraqi War Victims pacity of civil society organizations in Fund for assistance for Iraqi families the EITI process. This is another issue MORNING BUSINESS and communities, which is named for I look forward to discussing with Mr. KERRY. Mr. President, I ask Marla Ruzicka, the founder of Cam- USAID before funds are obligated. unanimous consent that I be permitted paign for Civilian Victims of Conflict. Finally, I want to mention the fund- to speak for a period of time in as if in Ms. Ruzicka died, at the age of 28, ing in the conference report for USAID morning business. along with her colleague Faiz Ali Operating Expenses, which was cut by The PRESIDING OFFICER. Is there Salim, in a car bombing in Baghdad on $50 million below the administration’s objection? Without objection, it is so April 16, 2005. We also provide $2 mil- request. Again, this was the result of ordered. lion for assistance for Afghan families the budgetary constraints we faced, Mr. KERRY. Mr. President, are we and communities that have suffered but it also reflects some concerns with now in morning business?

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12652 CONGRESSIONAL RECORD — SENATE November 10, 2005 The PRESIDING OFFICER. The Sen- over again, we ask those questions. No sor and oppressed, and it will only be ator is correct. matter what the President says, asking settled by a political solution. No po- Mr. KERRY. Mr. President, I send a tough questions is not pessimism. It is litical solution can be achieved when bill to the desk for appropriate referral patriotism. We have a responsibility to the antagonists can rely on indefinite to the committee. our troops and our country and our large-scale presence of occupying The PRESIDING OFFICER. The bill conscience to be honest about where we American combat troops. will be received and appropriately re- should go from here. The reality is our military presence ferred. There is a way forward that gives us in vast and visible numbers has become (The remarks of Mr. KERRY per- the best chance to both salvage a dif- part of the problem, not just the solu- taining to the introduction of S. 1993 ficult situation in Iraq and to save tion. Our own generals are telling us are printed in today’s RECORD under American and Iraqi lives. With so much this in open hearings of the Senate. ‘‘Statements on Introduced Bills and at stake, we all have a responsibility to Our generals understand this well. GEN Joint Resolutions.’’) follow the best way forward. George Casey, our top military com- f No. 1, we cannot pull out precipi- mander in Iraq, recently told Congress tously, as many argue and call for, but that our large military presence ‘‘feeds NATIONAL DEFENSE AUTHORIZA- also we cannot merely promise to stay the notion of occupation’’ and ‘‘extends TION ACT FOR FISCAL YEAR as long as it takes. The promise simply the amount of time that it will take 2006—Continued to stay as long as it takes, in fact, ex- for Iraqi security forces to become self- AMENDMENT NO. 2507 acerbates the situation. It is not a pol- reliant,’’ and Richard Nixon’s Sec- Mr. KERRY. Mr. President, some- icy. To undermine the insurgency we retary of Defense, Melvin Laird, break- time later today when we dispose of a must, instead, simultaneously pursue a ing a 30-year silence, writes: few of the next amendments, Senator political settlement that gives Sunnis Our presence is what feeds the insurgency, LEVIN, on behalf of leadership and a a real stake in the future of Iraq, while and our gradual withdrawal would feed the group of Senators on our side of the at the same time reducing the sense of confidence and the ability of average Iraqis to stand up to the insurgency. aisle—and we hope others might join American occupation. That means a in—will be submitting an amendment phased withdrawal of American troops It comes down to this: An open-ended with respect to the issue of Iraq. I am as we meet a series of military and po- declaration ‘‘to stay as long as it pleased to join in that with them. I litical benchmarks, starting, I have takes,’’ lets Iraqi factions maneuver look forward to participating in that said, with a reduction of 20,000 troops for their own political advantage by debate at that time. I have come to the over the holidays as we meet the first making us stay as long as they want. It Senate at this moment to introduce an benchmark—the completion of the De- becomes an excuse for billions of Amer- amendment that lays out what, in my cember elections. ican tax dollars to be sent to Iraq and judgment, represents a comprehensive Earlier today, my good friend, the siphoned off into the coffers of cro- and new strategy that is essential for Senator from Arizona, Mr. MCCAIN, nyism and corruption. When I was last in Iraq, at a dinner the President to implement in order to made a speech in which he put on by the Ambassador and others successfully complete the mission in mischaracterized my plan to bring our with the Minister of Defense—the Min- Iraq, as well as to bring our troops troops home within a reasonable time- ister of Interior, the Prime Minister, home in a reasonable timeframe. frame and to succeed in Iraq. He and others—we sat and listened while At a news conference a week ago I re- mischaracterized how one arrived at they told us themselves of the corrup- ferred to this in a speech I gave re- 20,000 troops. The fact is, that is a tion that has been taking place in the cently. I left Iraq departing on a C–130 benchmark. It is a benchmark set by disbursement of American taxpayer from Mosul, together with Senator this administration itself. The fact is, funds. WARNER and Senator STEVENS. The most of last year, during which time This administration needs to pay at- three Senators and the staff, all of us, the administration says we have ade- tention to that corruption. The admin- were gathered in this cavernous C–130. quate troops to do the job, we had istration must also use all of the lever- In the middle of the cargo hold was a about 138,000 troops in Iraq. The fact is, age in America’s arsenal—our diplo- simple aluminum coffin with a small for the purposes of the constitutional macy, the presence of our troops, our American flag draped over it. We were referendum and for the purposes of the reconstruction money, all of the diplo- bringing another American soldier election, the administration upped the macy—in order to convince the Shiites home to his family and to his resting number of troops in order to guarantee and the Kurds to address the legiti- place. security for the purpose of those two mate Sunni concerns about regional The starkness of the coffin in the events. autonomy and oil revenues and to center of that hold, and the silence— I have said specifically that when make Sunnis accept the reality that except for the din of the engines; be- those two events are completed suc- they will no longer dominate Iraq. We lieve me, there was a kind of silence cessfully, and with the increased num- cannot and we should not do this alone. notwithstanding—was a real-time, cold bers of Iraqis trained, there is no ex- The administration must imme- reminder of the consequences of deci- cuse for not being in a position to go diately call a conference of Iraq’s sions for which all of us as Senators from the current 161,000 down to the neighbors: Britain, Turkey, other key bear responsibility. 138,000, where we were before, where NATO allies, and Russia. The absence As we enter a make-or-break 6-month our generals told us we had enough of legitimate international effort with period in Iraq, that long journey of troops to do the job. That figure is set respect to this is, frankly, absolutely that soldier and 2,000-plus more of not by any arbitrary standard but by extraordinary. I am not alone in call- them remind us, all of us, about our re- the accomplishment of the specific ing for that. Republicans, colleagues on sponsibilities with respect to the benchmark. the other side of the aisle, Senator troops in Iraq. It underscores the need It is also critical that we send this HAGEL, others, have talked about the to help this administration take steps signal to the Iraqi people that we do need for an international leverage in that will bring our troops home within not desire a permanent occupation and order to help resolve this issue. To- a reasonable timeframe from an Iraq that Iraqis themselves must fight for gether we have to implement a collec- that is not permanently torn by con- Iraq. History shows again and again tive strategy to bring the parties in flict. that guns alone do not end an insur- Iraq to a sustainable political com- Some say we should not ask tough gency, and guns alone, particularly, promise that also includes mutual se- questions because we are at war. I say, will not end this insurgency. The real curity guarantees among Iraqis. To no. A time of war, that is precisely struggle in Iraq is not what the Presi- maximize our diplomacy, the President when you have to ask the hardest ques- dent has described again and again as should appoint a special envoy to bol- tions of all. It is essential, if we want the war on terror as we know it against ster Ambassador Khalilzad’s commend- to correct our course and do what is al-Qaida. The real struggle in Iraq is able efforts. right for our troops, that instead of re- Sunni versus Shiite. It is a struggle To enlist the support of Iraqi Sunni peating the same mistakes over and that has gone on for years with oppres- neighbors, we should commit to a new

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12653 regional security structure. I have borders until a capable national Army Mr. WARNER. Mr. President, that is heard from countless numbers of mem- is formed. And that force, if sanctioned correct, I say to my distinguished col- bers of government in the region that by the United Nations, could attract league. The proposal, eventually is the old security arrangement that ex- participation by Iraq’s neighbors and that you will have some sort of a—— isted prior to the invasion of Iraq has, countries like India, and it would be a Mr. KERRY. My understanding is we in fact, been altered by that invasion. critical step in stemming the tide of are talking about a second-degree And today there are great uncertain- insurgents and money into Iraq, espe- amendment; is that correct? ties with respect to the Gulf States— cially from Syria. Mr. WARNER. That is correct, but Kuwait, Saudi Arabia, and obviously Finally, we must alter the deploy- then, as we have with others, if it is de- uncertainties with the saber rattling of ment of American troops themselves. I sired by the three principals here, to do Iran and the problems with Syria. We believe deeply that special operations it in a side-by-side fashion. There is a ought to be committing our efforts to obviously need to continue. They must parliamentary means to do that. create a new regional security struc- continue in order to pursue specific in- Mr. KERRY. Mr. President, if I could ture that will include improved secu- telligence needs and in order to ferret have a chance to work with Senator rity assistance programs, joint exer- out those jihadist and other hard-core ROCKEFELLER, we may just have one cises, and provide a greater confidence insurgents that we have in Tehran. But vote. to the region about long-term strategy. the vast majority of our troops could Mr. LEVIN. That would be better. To show Iraqi Sunnis the benefits of easily move to a rear guard, garrison Mr. WARNER. Fine. In that event, I participating in the political process, kind of status in order to provide secu- suggest the absence of a quorum. we should press these countries to set rity backup. You do not need to send The PRESIDING OFFICER. The up a reconstruction fund specifically the young Americans on search-and-de- clerk will call the roll. for the majority Sunni areas. The ab- stroy mission that invite alienation The assistant legislative clerk pro- sence of specific economic trans- and deepen the risks they face. ceeded to call the roll. formation remains the heart of one of If the President were to do this, then Mr. KERRY. Mr. President, I ask the reasons for people to move toward the Iraqis would far more rapidly, ac- unanimous consent that the order for insurgency rather than the governance cording to our own generals, begin to the quorum call be rescinded. process. We need to also jump-start our assume the responsibilities which we The PRESIDING OFFICER. Without lagging reconstruction efforts by pro- are asking them to and which they objection, it is so ordered. viding necessary civilian personnel to need to and which, in the end, are the Mr. KERRY. Mr. President, I ask do the job, standing up civil-military only way to be successful. unanimous consent that I be able to re- If the President refuses to move in reconstruction teams throughout the serve the time on my amendment, but this course, ultimately it is our respon- country, streamlining the disburse- that we set the amendment aside and sibility, the U.S. Congress, to debate ment of funds to the provinces, expand- proceed immediately to the second-de- and ultimately help to put this policy ing job creation programs, and gree amendment of Senator ROBERTS in the right direction. If we take these strengthening the capacity of govern- and Senator ROCKEFELLER. steps, there is, frankly, no reason that ment ministries. within 12 to 15 months we couldn’t be The PRESIDING OFFICER. Is there Prime Minister Blair, a few weeks objection? ago, suggested that different countries able to take on a new role—a role as an ally, not an occupier. And only then Hearing none, it is so ordered. actually adopt a ministry. I know in The Senator from Kansas. the Ministry of Finance there are pre- will we have provided our troops with what they really deserve, which is lead- AMENDMENT NO. 2514 TO AMENDMENT NO. 2507 cious few U.S. personnel helping that Mr. ROBERTS. Mr. President, I rise finance ministry to be able to do the ership equal to our soldiers’ sacrifice. I yield the floor. to offer a second-degree amendment, job of administering payrolls and man- The PRESIDING OFFICER (Mr. VIT- along with the vice chairman of the aging the budget of the country. It is TER). The Senator from Virginia. Senate Select Committee on Intel- unbelievable that at a time when our Mr. WARNER. Mr. President, in con- ligence, Senator ROCKEFELLER, in re- troops are making such a valiant effort sultation with the ranking member, we gard to reporting language for certain to provide for this transformation we are anxious to move now to further de- intelligence activities. are absent the kind of diplomatic and bate on the Kerry amendment. For The PRESIDING OFFICER. The civilian personnel necessary to make that purpose, if we could get an esti- clerk will report. those things happen. mate of the amount of time that might The assistant legislative clerk read On the military side, we must make be required and we could proceed to the as follows: it clear now that we do not want per- second-degree amendment. manent military bases in Iraq. We still The Senator from Kansas [Mr. ROBERTS], Could the Senator advise the man- for himself and Mr. ROCKEFELLER, proposes have not done that. In the absence of agers how quickly we could proceed an amendment numbered 2514 to amendment doing that, we lend credence to the no- with the resolution of your amend- No. 2507. tion of occupation and of long-term de- ment, first and second degree to be of- Mr. ROBERTS. Mr. President, I ask signs on oil, on land, or other designs. fered by Senators Roberts and Rocke- unanimous consent that the reading of Those lend themselves to the recruit- feller, short debate on that, and such the amendment be dispensed with. ment process. final debate as needed on the under- The PRESIDING OFFICER. Without The administration must imme- lying amendment, and move to a vote? diately give Congress and the Amer- objection it is so ordered. The PRESIDING OFFICER. The Sen- The amendment is as follows: ican people a detailed plan for the ator from Massachusetts is recognized. transfer of military and police respon- Mr. KERRY. Mr. President, I would (Purpose: To require a report on alleged sibilities on a sector-by-sector basis to clandestine detention facilities for individ- like to help the distinguished manager uals captured in the global war on ter- Iraqis so the majority of our combat move the process as rapidly as possible. rorism) forces can be withdrawn—ideally as a Senator ROCKEFELLER has just pulled In lieu of the language proposed to be in- target by the end of next year. me aside. I will spend a few minutes serted, insert the following: Simultaneously, the President needs with him now in the cloakroom, and we SEC. ll. REPORT ON ALLEGED CLANDESTINE to put the training of Iraqi security will try to report back as fast as we DETENTION FACILITIES FOR INDI- forces on a 6-month wartime footing can. I hope we can dispose of it. If we VIDUALS CAPTURED IN THE GLOBAL and ensure that the Iraqi government were to proceed under a quorum call WAR ON TERRORISM. has the budget to deploy them. The ad- until then, it would be helpful. (a) IN GENERAL.—The President shall en- ministration should accept the long- The PRESIDING OFFICER. The Sen- sure that the United States Government con- standing efforts and offers of Egypt, tinues to comply with the authorization, re- ator from Michigan is recognized. porting, and notification requirements of Jordan, France, and Germany to do Mr. LEVIN. Mr. President, to help title V of the National Security Act of 1947 more training. They should prod the clarify the situation: Is it the proposal (50 U.S.C. 413 et seq.). new Iraqi government to ask for a mul- that there be two amendments voted (b) DIRECTOR OF NATIONAL INTELLIGENCE tinational force to help protect Iraq’s on? REPORT.—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12654 CONGRESSIONAL RECORD — SENATE November 10, 2005 (1) REPORT REQUIRED.—Not later than 60 Mr. BIDEN. Mr. President, I have no Mr. KERRY. Mr. President, we can days after the date of the enactment of this debate or disagreement about what the solve this if we do the following: First, Act, the Director of National Intelligence Senator said. I was wondering whether the amendment of the Senator from shall provide to the members of the Select the chairman and the cochair, the Delaware, which is a good amendment, Committee on Intelligence of the Senate and the Permanent Select Committee on Intel- Democratic chair, would object to— is outside of the jurisdiction of the In- ligence of the House of Representatives a de- maybe this is not the appropriate place telligence Committee. It is not some- tailed report setting forth the nature and to do it—a second-degree amendment, thing that involves the Intelligence cost of, and otherwise providing a full ac- or an additional amendment, whatever Committee. It is really a separate judg- counting on, any clandestine prison or deten- form it would take, that would require ment. My suggestion would be, since tion facility currently or formerly operated not the intelligence community but we are trying to dispense with this by the United States Government, regardless the State Department to report to the fairly expeditiously, if we were to mod- of location, where detainees in the global Foreign Relations Committee on the ify now the amendment simply to say war on terrorism are or were being held. (2) ELEMENTS.—The report required by status of their judgment as to whether that it is not a substitute but, rather, paragraph (1) shall set forth, for each prison we are in compliance with inter- only a second degree, immediately or facility, if any, covered by such report, national treaties—their view on that upon disposition of that second degree, the following: matter. I could accept the second degree of the (A) The location and size of such prison or I don’t want to be the skunk at the Senator from Delaware, at which point facility. family picnic. I am not trying to cause we could have a vote on the final (B) If such prison or facility is no longer any difficulty. But it seems to me that amendment, as amended. Would that being operated by the United States Govern- such an approach would not in any way be satisfactory? ment, the disposition of such prison or facility. fly in the face of the intelligence com- Mr. WARNER. Mr. President, we (C) The number of detainees currently held munity reporting to the Intelligence would need to examine the second-de- or formerly held, as the case may be, at such Committee. The Senator is right—his- gree amendment by the distinguished prison or facility. torically, the various committees, in- Senator. (D) Any plans for the ultimate disposition cluding the Foreign Relations Com- Mr. KERRY. Could we have an agree- of any detainees currently held at such pris- mittee, have been represented on the ment now that we would modify the on or facility. Intelligence Committee. I have no ar- amendment as submitted so that it is a (E) A description of the interrogation pro- gument with that. I wonder whether second degree, not a substitute, but cedures used or formerly used on detainees simply a second degree? at such prison or facility. any of my friends could respond to that Mr. WARNER. Mr. President, I would (3) FORM OF REPORT.—The report required concern I have raised. by paragraph (1) shall be submitted in classi- The PRESIDING OFFICER. The Sen- defer to the distinguished chairman of fied form. ator from Kansas. the Intelligence Committee. Mr. ROBERTS. Mr. President, the Mr. ROBERTS. Reclaiming my time, Mr. ROBERTS. As I have indicated or Senate did create the Select Com- let me say to the Senator, he is wel- as has been indicated by the distin- mittee on Intelligence as a unique come to the picnic any time he wants guished chairman, the subject matter means to provide oversight of our sen- to come. I believe we have resolved this before us now pertains to the jurisdic- sitive activities in regard to intel- matter in response to the original tion of the Intelligence Committee. ligence. I agree with Senator KERRY amendment regarding this subject. The amendment, as I understand it, of that more information will improve Senator KERRY and Senator ROCKE- the Senator from Delaware does not. I our ability to conduct the oversight we FELLER and Senator WARNER and I have would rather go ahead with the agreed- need to do on intelligence. crafted a second-degree amendment upon method, and then we could take a Senator ROCKEFELLER and Senator that will be accepted by Senator look at the amendment and handle WARNER and myself, however, believe KERRY. I recognize the unique concern that separately. this intelligence oversight function in regard to the Senator from Dela- Mr. KERRY. We would simply modify should remain focused in the Select ware. I would hope we could dispense the title ‘‘substitute.’’ We are not Committee on Intelligence, as intended with this first and then enter into a changing any of the substance of what by S. Res. 400, the legislation that ac- discussion as to the merits of the Sen- we have agreed on, nor will it change tually created the Intelligence Com- ator’s concern. the procedure which we are going to mittee back in 1976. Mr. BIDEN. Parliamentary inquiry: follow. This amendment, with respect I can assure my colleagues that the If we dispense with the second-degree to the Intelligence Committee, will be membership of the Senate Intelligence amendment, is there any ability to fur- disposed of separately, freestanding Committee is designed to include sig- ther amend this legislation? This is a now. But if we don’t change the title of nificant crossover membership from substitute or a second degree? the substitute, then the Senator from the various national security commit- Mr. ROBERTS. This is a second-de- Delaware is closed out, and we don’t tees. For example, I am one of the sev- gree amendment, I inform my col- have the right to amend it. This is a eral Armed Services Committee mem- league. technicality. bers currently on the Intelligence Com- The PRESIDING OFFICER. The sec- The PRESIDING OFFICER. The Sen- mittee, including Senator WARNER and ond degree is drafted as a substitute, if ator from Virginia. Senator LEVIN. That construct was in- it is adopted. Mr. WARNER. Mr. President, I be- tentionally created by the Senate to Mr. BIDEN. If it is adopted, and I am lieve that we are dealing with an im- address situations just like this. not saying I will, but will the Senator portant unknown; that is, the content Transparency is important and open from Delaware have an opportunity to of what the distinguished Senator from government is critical, but in certain amend the substitute? Delaware wishes to put on. May I make circumstances sensitive information The PRESIDING OFFICER. No. this suggestion, without any prejudice must be handled in a proper way. That Mr. LEVIN. Will the Senator yield to this colloquy and honest effort to re- is exactly why we created the Com- for a question? solve it, if we were just to lay aside the mittee on Intelligence. This amend- The PRESIDING OFFICER. The Sen- Kerry amendment, go to another ment strikes the appropriate balance ator from Kansas has the floor. amendment, and then at such time as between the Senate’s needs for trans- Mr. ROBERTS. I would simply say there is reconciliation of viewpoints, I parency and the need to handle sen- that my colleague would have ample think we could then perfect his amend- sitive information appropriately. opportunity to offer an amendment in ment to whatever is needed and pro- Accordingly, I urge my colleagues to its own standing, and this carefully ceed. support this amendment. crafted compromise should receive pri- Mr. KERRY. Before we do that, I sug- The PRESIDING OFFICER. The Sen- ority attention. gest the absence of a quorum. ator from Delaware is recognized. I yield to the distinguished Senator The PRESIDING OFFICER. The Mr. BIDEN. Mr. President, will the from Massachusetts. clerk will call the roll. chairman yield for a question? The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- Mr. ROBERTS. Certainly. ator from Massachusetts. ceeded to call the roll.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12655 Mr. WARNER. Mr. President, I ask batant Status Review Tribunal or Adminis- Mr. GRAHAM. Mr. President, this unanimous consent that the order for trative Review Board may not consider whole debate we are having now with the quorum call be rescinded. statements derived from persons that, as de- Senator KERRY, what we did with Sen- termined by such Tribunal or Board, by the The PRESIDING OFFICER. Without ator MCCAIN’s amendment earlier, and preponderance of the evidence, were obtained objection, it is so ordered. with undue coercion; and what I am trying to do, is a healthy de- Mr. WARNER. The group that is (2) the Designated Civilian Official shall be bate about where we are going as a na- working on the Kerry amendment, an officer of the United States Government tion, how we prosecute the war on ter- with the proposed Roberts-Rockefeller whose appointment to office was made by ror, and what kind of value set we are second degree, is working diligently, the President, by and with the advice and going to adopt. but it is important that we continue on consent of the Senate. One thing we need to understand as a the bill. At this time, I ask unanimous (c) REPORT ON MODIFICATION OF PROCE- nation and we need to understand in consent that the amendment by the DURES.—The Secretary of Defense shall sub- the Senate, in my opinion, is that the Senator from Massachusetts be laid mit to the committees of Congress referred attack of 9/11 was an act of war. It was to in subsection (a) a report on any modifica- aside and that the Senator from South tion of the procedures submitted under sub- not a criminal enterprise. That is an Carolina be recognized for the purpose section (a) not later than 30 days before the important statement to make. Every of offering an amendment. date on which such modifications go into ef- Senator needs to understand in their The PRESIDING OFFICER. Is there fect. own mind: Was 9/11 and were those who objection? (d) JUDICIAL REVIEW OF DETENTION OF planned it and those who blew up the Mr. KERRY. Reserving the right to ENEMY COMBATANTS.— people in Jordan yesterday common object. (1) IN GENERAL.—Section 2241 of title 28, criminals or are these people engaged The PRESIDING OFFICER. The Sen- United States Code, is amended by adding at in acts of terrorism and war? Let it be ator from Massachusetts. the end the following: said clearly, in my opinion, that the Mr. KERRY. Is it my understanding ‘‘(e) No court, justice, or judge shall have jurisdiction to hear or consider an applica- United States is at war with al-Qaida that upon the disposition of the next and associate groups, and we have been amendment, this will be the pending tion for a writ of habeas corpus filed by or on behalf of an alien outside the United States since 9/11. business? (as that term is defined in section 101(a)(38) When a country such as the United Mr. WARNER. That can easily be ar- of the Immigration and Naturalization Act (8 States is at war, we have a rich tradi- ranged. U.S.C. 1101(a)(38)) who is detained by the De- tion of following the law of armed con- Mr. KERRY. Can we have that? partment of Defense at Guantanamo Bay, flict, of living up to the Geneva Con- Mr. WARNER. I so ask. Cuba.’’. ventions and all other international The PRESIDING OFFICER. That will (2) CERTAIN DECISIONS.— treaties that regulate the conduct of be the order pending further action of (A) IN GENERAL.—Subject to subparagraphs (B), (C), and (D), the United States Court of war. We have a moral imperative as a the body. nation not to lose our way in fighting Mr. WARNER. I yield the floor. Appeals for the District of Columbia Circuit this war. Using tactics of one’s enemy The PRESIDING OFFICER. The Sen- shall have exclusive jurisdiction to deter- is no excuse in defeating one’s enemy. ator from South Carolina is recognized. mine the validity of any decision of a Des- ignated Civilian Official described in sub- It is clear to me from Abu Ghraib AMENDMENT NO. 2515 section (b)(2) that an alien is properly de- backward, forward, and other things we Mr. GRAHAM. Mr. President, I call tained as an enemy combatant. know about that at times we have lost up amendment No. 2515 which is at the (B) LIMITATION ON CLAIMS.—The jurisdic- our way in fighting this war. What we desk. tion of the United States Court of Appeals are trying to do in a series of amend- The PRESIDING OFFICER. The for the District of Columbia Circuit under this paragraph shall be limited to claims ments is recapture the moral high clerk will report. ground and provide guidance to our The assistant legislative clerk read brought by or on behalf of an alien— troops. That is why Senator MCCAIN’s as follows: (i) who is, at the time a request for review by such court is filed, detained by the De- amendment, which I cosponsored, is so The Senator from South Carolina [Mr. partment of Defense at Guantanamo Bay, important, and it passed by voice vote. GRAHAM], for himself, Mr. KYL, and Mr. Cuba; and The McCain amendment requires CHAMBLISS, proposes an amendment num- (ii) for whom a Combatant Status Review bered 2515. standardization of interrogation tech- Tribunal has been conducted, pursuant to ap- niques when it comes to people in our Mr. GRAHAM. Mr. President, I ask plicable procedures specified by the Sec- charge, not as criminal defendants but unanimous consent that the reading of retary of Defense. as enemy combatants, people detained the amendment be dispensed with. (C) SCOPE OF REVIEW.—The jurisdiction of on the battlefield, POWs. It requires The PRESIDING OFFICER. Without the United States Court of Appeals for the the Army Field Manual, not the United objection, it is so ordered. District of Columbia Circuit on any claims The amendment is as follows: with respect to an alien under this paragraph States Code, to be changed in a way to shall be limited to the consideration of give our troops the guidance they need (Purpose: Relating to the review of the sta- whether the status determination of the tus of detainees of the United States Gov- as to what is in bounds and out of Combatant Status Review Tribunal with re- bounds when it comes to interrogating ernment) gard to such alien was consistent with the At the end of subtitle G of title X, add the procedures and standards specified by the prisoners. It is important that we get following: Secretary of Defense for Combatant Status good information. It is equally impor- SEC. ll. REVIEW OF STATUS OF DETAINEES. Review Tribunals. tant that we not lose our value set in (a) SUBMITTAL OF PROCEDURES FOR STATUS (D) TERMINATION ON RELEASE FROM CUS- obtaining that information. REVIEW OF DETAINEES AT GUANTANAMO BAY, TODY.—The jurisdiction of the United States Senator MCCAIN has two things in his CUBA.—Not later than 180 days after the date Court of Appeals for the District of Columbia amendment that we desperately need. of the enactment of this Act, the Secretary Circuit with respect to the claims of an alien It standardizes interrogation tech- of Defense shall submit to the congressional under this paragraph shall cease upon the re- niques for the military, dealing with defense committees, and to the Committees lease of such alien from the custody of the people who are part of this war, our en- Department of Defense. on the Judiciary of the Senate and the House emies, and it also makes a statement of Representatives, a report setting forth the (3) EFFECTIVE DATE.—The amendment procedures of the Combatant Status Review made by paragraph (1) shall apply to any ap- to every other agency in the Govern- Tribunals and the noticed Administrative plication or other action that is pending on ment that you are going to treat peo- Review Boards in operation at Guantanamo or after the date of the enactment of this ple humanely if they are captured Bay, Cuba, for determining the status of the Act. Paragraph (2) shall apply with respect under your charge as part of fighting detainees held at Guantanamo Bay. to any claim regarding a decision covered by this war. (b) PROCEDURES.—The procedures sub- that paragraph that is pending on or after Guantanamo Bay is a place we have mitted to Congress pursuant to subsection such date. designated to take people off the bat- (a) shall, with respect to proceedings begin- Mr. GRAHAM. Mr. President, will tlefield and hold them, and the deter- ning after the date of the submittal of such procedures under that subsection, ensure you notify me when I have used 15 min- minations that go on at Guantanamo that— utes of the time? Bay fall into two categories. Some can (1) in making a determination of status of The PRESIDING OFFICER. The be prosecuted for violations of the law any detainee under such procedures, a Com- Chair will so notify the Senator. of war, not criminal violations in

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12656 CONGRESSIONAL RECORD — SENATE November 10, 2005 terms of domestic criminal law but from them again. I can assure you they United States, and Congress has been violations in terms of the law of war. can be heard from. They are being silent on how to treat these people. Enemy combatants are being held at heard from. They are being inspected The Supreme Court has looked at sec- Guantanamo Bay like POWs were held in terms of their treatment by the tion 2241, the habeas statute, and they in the past. What we have done at International Red Cross. I have been to are saying to us: Since you haven’t Guantanamo Bay is we have set up a Guantanamo Bay twice. If you worry spoken, we are going to confer habeas procedure that will allow every sus- about what is going on at Guantanamo rights until you act. pected enemy combatant to be brought Bay, go down there yourself. The press Justice O’Connor said that we will to Guantanamo Bay and given due has access to Guantanamo Bay. The under habeas give due process to process in terms of whether they International Red Cross has access to enemy combatants, but if you were should be classified as an enemy com- Guantanamo Bay. My amendment gets smart, you would have a process like batant. Congress in the ball game. Army regulation 190–8, and that would The Geneva Conventions in article V My amendment requires that Combat be more than enough. Well, we are state that if there is a doubt about Status Review Tribunal regulations smart. one’s status, the host country, the per- have to come to the Senate and the Here is what has happened. If you son who is in charge of the person, the House for our review. Congress now is want to give a Guantanamo Bay de- suspected enemy person, that host looking over the shoulder of what is tainee habeas corpus rights as a U.S. country will have a competent tribunal going on there. citizen, not only have you changed the to determine the status. My amendment requires that the per- law of armed conflict like no one else What is going on at Guantanamo Bay son sitting at the top of the pyramid in the history of the world, I think you is called the Combat Status Review who makes the decision to release or are undermining our national security Tribunal, which is the Geneva Conven- detain has to be confirmed by the Sen- because the habeas petitions are flow- tions protections on steroids. It is a ate so they will be accountable to us. ing out of that place like crazy. There process of determining who an enemy My amendment prohibits the use of are 500-some people down there, and combatant is that not only applies undue coerced statements to detain there are 160 habeas corpus petitions in with the Geneva Conventions and then somebody as an enemy combatant. Federal courts throughout the United some, it also is being modeled based on If you are a POW in a war, you are States. Three hundred of them have the O’Connor opinion in Hamdi, a Su- there until the war is over. An enemy lawyers in Federal court and more to preme Court case, where she suggested combatant falls into that same cat- follow. We cannot run the place. that Army regulation 190–8, sections 1 egory, and we are going to make sure They are not entitled to this status. through 6, of 1997, would be the proper they get due process accorded under They are not criminal defendants. And guide in detaining people as enemy international law and then some, and here is what they are doing in our prisoners, enemy combatants. That the Congress is going to watch what courtrooms: regulation is ‘‘Enemy Prisoners of War, happens. The Congress is going to be A Canadian detainee who threw a Retained Personnel, Civilian Internees, involved, and we are going to take a grenade that killed an army medic in a and other Detainees.’’ We have taken stand. We are going to help straighten firefight and who came from a family her guidance. We have the Army regu- out this legal mess we are in. of longstanding al-Qaida ties moved for But there is another problem. For lation 190–8, and we have created an preliminary injunction forbidding in- those who want to treat people in our enemy combat status review that goes terrogation of him or engaging in charge humanely, sign me up. For well beyond the Geneva Conventions cruel, inhumane, or degrading treat- those who want to get Congress in- requirements to detain someone as an ment of him. It was a motion to a Fed- volved in making sure we have stand- enemy combatant. eral judge to regulate his interrogation The McCain amendment says if you ardized interrogation techniques so our in military prison. are an enemy combatant, we will treat own troops won’t get into trouble, sign Another example. A Kuwaiti detainee you humanely, even though you may me up. For those who want to give sought a court order that would pro- be part of the most inhuman group the enemy combatants due process in ac- vide dictionaries in contradiction of world has ever known. Senator MCCAIN cordance with the Geneva Conventions, Gitmo’s force protection policy and is right. How we treat detainees in our and then some, sign me up. For those that their counsel be given high-speed charge once they are captured is about who want to turn an enemy combatant Internet access at their lodging on the us, but their legal status is about into a criminal defendant in U.S. court base and be allowed to use classified them. Once they choose to become part and give that person the same rights as DOD telecommunications facilities, all of a terrorist organization in an irreg- a U.S. citizen to go into Federal court, on the theory that otherwise their ular force that blows up people at a count me out. Never in the history of right to counsel is unduly burdened. wedding, then their legal status is the law of armed conflict has an enemy about them and their conduct. combatant, irregular combatant, or This is one of my favorites. There I want to make sure we follow the POW been given access to civilian was a motion by a high-level al-Qaida law of armed conflict, that we comply court systems to question military au- detainee complaining about base secu- with the spirit of the Geneva Conven- thority and control, except here. rity procedures, speed of mail delivery, tions, that we do it right because we What has happened at Guantanamo and he is seeking an order that he be are a country that believes in doing it Bay that we need to fix? I know what transferred to the least onerous condi- right. I believe the Congress needs to we need to fix in terms of the way we tions at Gitmo and asking the court to get involved. We have been AWOL. have treated prisoners. We are doing it. order that Gitmo allow him to keep I have enjoyed working with Senator We are getting it right. We are making any books and reading materials sent LEVIN and my Democratic colleagues, up for our past sins. My request to this to him and to report to the court on his Senator WARNER, Senator MCCAIN, and body is, let’s not go too far and create opportunities for exercise, communica- others to get the Congress involved. problems that will come back to haunt tion, recreation, and worship. Here is what we have done. The Con- us. We are at war; we are not fighting Can you imagine Nazi prisoners suing gress is now setting interrogation the Mafia. We are fighting an enemy us about their reading material? standards that have long been overdue desirous of taking us down as a nation. Two medical malpractice claims have and neglected. The Congress is now set- The Supreme Court decided that the come out of this. ting a humane treatment standard that Guantanamo Bay activity was part of Here is another great one. There was will serve us well in the international the United States, not in its territory an emergency motion seeking a court community. The Congress, through my so much as under its control. The Su- order requiring Gitmo to set aside its amendment, is now getting involved in preme Court has been shouting to us in normal security policies and show de- the enemy combatant detention proc- Congress: Get involved. tainees DVDs that are purported to be ess. Habeas corpus rights have been given family videos. People worry about taking folks to to Guantanamo Bay detainees because Where does this stop? It is never Guantanamo Bay and never hearing the location is under control of the going to stop.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12657 Let me tell you what it is doing. Here We are going to make the statements Our Founding Fathers wanted to en- is a quote from one of the lawyers rep- you want us to make about treating sure that the Government could not resenting these detainees in Federal people humanely. We are going to have simply imprison people at will and that court: standardized interrogation techniques. there was judicial review that would be We have over one hundred lawyers now Congress is going to provide oversight available as a check on that executive from big and small firms working to rep- and we are going to let the courts pro- power. resent these detainees. Every time an attor- vide oversight. But in the name of When the executive branch detains or ney goes down there, it makes it that much human rights, we are not going to let imprisons a person within the jurisdic- harder for the U.S. military to do what tion of the United States—and that is they’re doing. You can’t run an interroga- this jail run amok. We are not going to tion . . . with attorneys. What are they create a status in international mili- all we are talking about here, detain- going to do now that we’re getting court or- tary law that has never been granted ing someone within the jurisdiction of ders to get more lawyers down there? before. Of all the people in the world the United States—the Government, Know what. The people at Gitmo are who should enjoy the rights of an upon the issuance of a writ by a court, asking that same question: What are American citizen in Federal court, the must show cause why that person is we going to do? It is impossible to in- people at Guantanamo Bay are the last being detained. This right is enshrined terrogate people with this much court we should confer that status on. We did in our own Constitution. It would be a intervention. We are undermining the not do it for the Nazis. We should not terrible mistake for us to suspend that role Gitmo plays in helping our own do it for these people. right as an amendment on a Thursday national security. No POW enemy com- I reserve the remainder of my time. afternoon to the Defense authorization batant in the history of the world has The PRESIDING OFFICER (Mr. bill. been given Federal court unlimited ac- COLEMAN). Who yields time? This is an extremely serious issue. cess as an American citizen. Mr. LEVIN. I yield 10 minutes to the There have been no hearings on this Here is what I propose we do: that we Senator from New Mexico. issue in the Judiciary Committee. I see take the procedures that are in place The PRESIDING OFFICER. The Sen- the chairman of the Judiciary Com- far beyond what the Geneva Conven- ator from New Mexico. mittee on the Senate floor this after- tions require, that we make the re- Mr. BINGAMAN. Mr. President, I noon. If we are going to seriously con- forms my amendment suggests where thank my colleague from Michigan. I sider suspending the privilege of habeas Congress is now involved in oversight, rise to speak in opposition to this corpus, of filing a petition for habeas and we do one other thing, we allow a amendment as currently drafted. After corpus, the Judiciary Committee detainee to go to Federal court, not the Senate deals with this amendment, should be the committee that considers anywhere and everywhere, but to one I will offer a second-degree amendment that type of a proposal and has hear- place, the Circuit Court of Appeals for to remove the problematic language ings on it. the District of Columbia where they that I believe is included. First, I com- There have been no hearings in the can challenge what the military has mend Senator GRAHAM for taking on Armed Services Committee. It would done to them in terms of their status. the issue of treatment of these pris- be a terrible mistake for us to do this That is a right beyond what any oners in Guantanamo. He did work sort of as a by-the-way kind of amend- enemy combatant POW has ever had in with Senator LEVIN, myself, and oth- ment on a Thursday afternoon as we history. That will make sure two ers, I am sure, to try to improve the are preparing to leave for the weekend. things happen: My amendment will procedures for processing prisoners at Through our history, Congress has make sure Congress will supervise Guantanamo. We agreed upon some suspended the ‘‘great writ,’’ as it has what goes on and will be notified about language. We included that language. been called in Anglo jurisprudence for what happens at Gitmo. They will be He proposed it and it was included in centuries now, only on very few occa- able to hold people off the battlefield the Defense appropriations bill. That sions. Abraham Lincoln suspended the as enemy combatants; they will have a was agreed to. Unfortunately, here he writ during the Civil War in order to process recognized by the Geneva Con- has taken that language and he has imprison suspected southern sup- ventions and then some; and they will modified it. He has added to it. His ad- porters. During the Second World War, also have a right to go to Federal court ditions are a terrible mistake. President Roosevelt unilaterally sus- to challenge their status to make sure His amendment now also contains a pended the writ in order to imprison we did it right. provision that strips aliens at Guanta- more than 70,000 Japanese Americans If we will do these things together, namo of any right to seek habeas cor- in prison camps. This Congress has then we can be proud as a nation. They pus in our Federal courts. The right to since gone on record indicating its re- all need to be done together. We need file a petition challenging the legality gret at that action taken by this Gov- to make sure standardized interroga- of a prisoner’s detention was specifi- ernment. tion techniques exist for the benefit of cally recognized by our Supreme Court Today, the executive branch has once our own troops in the Army Field Man- in the Rasul case. Considering that again asserted extraordinary powers. ual to create clarity out of chaos. We many prisoners have been held there The President has argued that he has need to make a statement as a nation for over 3 years, that the administra- the authority to indefinitely imprison that no matter who you are or where tion has argued they can be held there anyone, whether a citizen or noncit- you are, if you are in our charge, you indefinitely, it would be a major mis- izen, that he deems to be an enemy are going to be treated humanely. take for us to remove the very limited combatant, and the judicial review of Shaikh Mohammed, the mastermind judicial review the Supreme Court has such decisions is not needed or appro- of 9/11, is somewhere in our care. He is recognized that these prisoners still priate. not a criminal defendant. He is a war- have. It is in times such as these that our rior, the planner of 9/11. It is not a deci- The writ of habeas corpus, which is Founding Fathers envisioned that ha- sion we should have to make to try what his amendment would eliminate, beas corpus would be preserved. Ac- him or let him go. We keep him off the which is in essence a right to petition cording to the Wall Street Journal ar- battlefield as we have kept every other the court to review the legality of ticle earlier this year, an estimated 70 POW and enemy combatant off the bat- one’s detention by the Government, is percent of individuals held at Guanta- tlefield. We get good intelligence from at the core of civil rights in this coun- namo were wrongfully imprisoned. BG him and we treat him humanely. Let try. It came originally from the Magna Jay Hood was quoted as saying in that us not turn this war into a crime. It Carta. Our Founding Fathers wrote article: Sometimes we just did not get would be a crime to do so. this into our own Constitution. In the the right folks. I think I have presented what I be- first article of the Constitution, in Sec- This is not the time Congress should lieve to be as balanced an approach as tion 9, it says: suspend the writ and grant the execu- I know how without giving up our right The privilege of the Writ of Habeas Corpus tive branch additional unchecked au- to defend ourselves. To the human shall not be suspended, unless when in Cases thority. rights activists out there, God bless of Rebellion and Invasion the public Safety The administration has gone to great you. You have helped us in many ways. may require it. lengths to avoid the legal restraints

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12658 CONGRESSIONAL RECORD — SENATE November 10, 2005 that normally would apply under our and those values intact as we pursue These issues are very difficult. When legal system. They have argued that this war on terrorism. you talk about detainees and their sta- the laws of war are not applicable be- This is not the time to back away tus as an enemy combatant, you first cause we are fighting a new type of from the basic principles this country wrestle with the problem of what evi- enemy. They have argued the criminal was founded on. Considering the ambi- dence is there. It is very hard to quan- laws are not applicable because we are guity that exists with regard to the tify any of the evidence. You talk fighting a war. The administration po- legal status of so-called enemy combat- about competent evidence, which we sition is that there is a rights-free zone ants and the revelations that have are familiar with in a courtroom—here where the President has complete au- come out regarding secret prisoners, ir- there is none. Hearsay is permitted, thority to detain and hold individuals regular rendition, torture and abuse, I but it is impossible to put your hands indefinitely. believe it would be a tragic mistake to on what the hearsay is. There are some Within this framework, the adminis- further limit the ability of our courts suggestions that on the battlefield tration argues that the prohibition on to provide the minimal judicial review somebody who is known and trusted to torture is an unnecessary barrier. They that has been afforded thus far. The our forces would just identify: You, argue that the Geneva Conventions are world has come to doubt our Govern- you, and you are enemy combatants; outdated, that constitutional rights do ment’s commitment to the rule of law and it would stick. These detainees are not exist for this group of individuals. as a result of many of the actions I then held for the duration. In essence, they argue that the rights have recounted. Let us not provide an There is no doubt that these detain- of these prisoners, if any, are at the additional basis for those doubts by ees are the worst of the worst. That is discretion of the President. stripping our Federal courts of the the way they have been characterized. We are facing very difficult problems According to press reports, in decid- right to consider petitions for habeas with these terrorists. Some of them ing where they wanted to hold sus- corpus. pected terrorists, the administration I urge that this amendment be de- have been released, and they have gone has gone to enormous lengths to avoid feated. If appropriate, after consider- back to Afghanistan or gone back to Iraq, so we are fighting them all over putting them some place where they ation of this amendment, I have an al- again. It is a very difficult problem. would be under the jurisdiction of our ternative amendment which would Finally, the Supreme Court of the courts. They considered Soviet-era de- enact the first three sections of Sen- United States came down with three tention centers in Eastern Europe, se- ator GRAHAM’s amendment as we decisions in June of 2004, which were a cret facilities in Thailand, Egypt, Jor- passed them on the appropriations bill patchwork, really a crazy quilt, of deci- dan, and Zambia. They finally settled but would delete the portion that sions. Now you have the Supreme on putting them at Guantanamo in strips the Federal courts of jurisdic- Court of the United States again un- Cuba because, as the Secretary of De- tion. dertaking jurisdiction in the Hamdan fense said, it was the least worst place. The PRESIDING OFFICER. The Sen- case, which challenges the Presidential It also had the advantage, they ator’s time has expired. authority to set up the commissions. It thought, of giving them a plausible ar- Mr. BINGAMAN. I yield the floor. does so on the ground that the Geneva The PRESIDING OFFICER. Who gument that they were outside the Convention says that there must be a yields time? reach of the U.S. courts on the theory tribunal who makes the determination Mr. LEVIN. Mr. President, I yield 10 that since this was Cuban territory, if of enemy combatant status. these prisoners had objections or prob- minutes to the Senator from Pennsyl- The question raised in the circuit lems they could always seek redress vania. court—this opinion got a lot of noto- from the Cuban Government. That was The PRESIDING OFFICER. The Sen- riety because Chief Justice Roberts, the argument our own Department of ator from Pennsylvania. then Judge Roberts of the circuit Justice made in our courts. Mr. SPECTER. Mr. President, I court, was on the panel—dealt with the Of course, the Supreme Court dis- thank the Senator from Michigan for issue as to whether there had to be a agreed in the Rasul case and held that yielding me 10 minutes. tribunal. That is what the district Guantanamo prisoners do have the The issues presented by the Graham court said. The circuit court overruled right to challenge the basis of their de- amendment are very important, and I the district court’s ruling that the tention in U.S. Federal court. commend Senator GRAHAM for taking President was not a tribunal. Although As I understand it, the number of the initiative in offering this amend- it is hard to fashion the President as a prisoners facing trial today is about 10. ment. This is an issue which this Sen- tribunal, I do realize that the President That is 10 out of the 500 prisoners who ator has been wrestling with for some has to act to protect the country. are being held there. The rest are being time. These are the kind of weighty prob- held without charges. There is no pros- Shortly after 9/11, on February 13, lems which we have not sorted pect for them being charged in the near Senator DURBIN and I introduced legis- through, quite frankly. I have dis- future that I am aware of. lation which would have dealt with the cussed this matter with the Senator The President and the administra- military commission procedures. This from South Carolina. He is on the Judi- tion in this country have a credibility is pursuant to the provisions of article ciary Committee and participated in problem with regard to our detention I, section 8, clauses 10 and 11 of the the hearing which we held. He took a policies. The administration says one Constitution, which confers upon the good bit of what we had found and thing regarding its position on torture. Congress the power ‘‘To define and worked with it in the Armed Services We appear to do something different. punish . . . Offenses against the Law of Committee. That is the way it should We all watched as the President toured Nations; . . . make Rules concerning be. But when you undertake to remove Latin America last week and reassured Captures on Land and Water.’’ habeas corpus, you better know where our allies at every stop that, in fact, it Early this year, after becoming you are, and you better have a com- is not the policy of our Government to chairman of the Judiciary Committee, prehensive plan and a comprehensive engage in torture. We are on the defen- in collaboration with the distinguished way of dealing with the issue which sive on an issue that should not be an ranking member, Senator LEAHY, we deals with evidence and which deals issue in this country. took up this issue. with the right of counsel. We can effectively combat terrorism We held a hearing on June 15 this Detainees do not have the right to without resorting to these types of year, which I had sought continually in counsel. I can understand why the De- techniques, and we can do so in a man- 2002, 2003, and 2004. I believe this was partment of Defense does not want to ner consistent with American values. the first hearing to deal with these give detainees the right of counsel. But Our Nation’s longstanding commit- issues. In line with that effort, I trav- we have not come up with an answer as ment to the respect of law, to the rule eled to Guantanamo Bay in mid-Au- to how the detainees ought to be han- of law, and basic human rights is gust. I had the expectation of having a dled. The detainees are reviewed only founded on a set of values that distin- hearing and making progress to really once a year. We have submitted draft guishes us from terrorists and it is im- come to grips with the complex issues legislation to the Department of De- portant that we keep those principles which are involved here. fense, as we worked on this issue in

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12659 June, July, August, and through the swer the problem, they did get us start- case that the Constitution required ha- fall. A number of the suggestions which ed. Their movement in the Hamdan beas corpus petitions. It was, rather, a we made were incorporated by the De- case is again significant. My own matter of statutory interpretation. As partment of Defense. I think they have thinking, as chairman of the Judiciary the Justice said: been moving in the right direction. Committee, is to try to find answers to Accordingly, the case turns on the words of They have changed the commission so these complex issues. section 2241. that the presiding judge is no longer a When the Senator from South Caro- How did the Court in the majority fact finder or juror, but functions more lina decries the numerous habeas cor- opinion treat that? like a judge. Changes in the Classified pus appeals, I know what that means. I Considering that section 2241 draws no dis- Information Act have occurred. was a district attorney of a big city, tinction between Americans and aliens held But until we can sort through these 30,000 cases a year, with a lot of convic- in Federal custody, there is little reason to issues and find a comprehensive ap- tions and a lot of habeas corpus mat- think that Congress intended it not to apply proach which deals with them—and we ters. The Federal Government can han- ... should be doing that—the Judiciary dle the habeas corpus provision. But I The bottom line is that the Congress Committee will still be wrestling with read in the revised statute that there has, on numerous occasions, statu- these problems. But it is well known are going to be appeals. torily limited the writ of habeas corpus that we have been busy since we took The PRESIDING OFFICER. The time to American citizens. In 1996, when the up this issue with a June 15 hearing. In of the Senator has expired. courts were plugged up with habeas pe- July we had the nomination of Rob- Mr. SPECTER. I ask for an addi- titions, Congress passed a substantial erts, and we had the nomination of tional 2 minutes. revision of the habeas corpus laws, re- Miers, and now we have the nomina- Mr. LEVIN. I yield those 2 minutes. ducing this backlog of habeas petitions tion of Alito. We have had so many Mr. SPECTER. When I read in the in Federal court from U.S. citizens. We matters: class actions, bankruptcy and bill of the Senator from South Carolina have the statutory jurisdiction to asbestos and judicial nominations, that about appeals to the court of appeals of write whatever kinds of laws we want. we have not been able to come to grips the District of Columbia from detainee We clearly have the statutory jurisdic- with all of the issues. status, that opens up a brand new Pan- tion to say it does not apply to foreign Candidly, it is very hard to deal with dora’s box. You have existing proce- terrorists. And nothing in the Rasul the Department of Defense on these dures under habeas corpus which we case says otherwise. matters. When we were in Guantanamo currently understand, but if you pro- So let’s be very clear about this on August 1, we took up an issue that vide for a new jurisdiction for the cir- Great Writ. It does not apply to terror- the New York Times had publicized, on cuit court of appeals for detainees’ ap- ists, and it should not apply to terror- August 1, where three officers had said peals than that could make it worse. ists, and nothing in this amendment that the trials were rigged by the mili- I think this probably requires a lot goes any further than to say it applies tary. We sought information from the more analysis. We have an able Sen- to U.S. citizens. It does not apply to Department of Defense on an inspector ator from South Carolina who sits on terrorists. general’s report and on an internal in- both Judiciary and Armed Services. We Another argument is that we should vestigation. There was delay after are going to continue to work on it, not suspend the writ of habeas corpus. delay after delay, as we tried to find but I do not think this amendment is We are not suspending the writ of ha- out what was going on. It was very dif- the answer. beas corpus. It does not apply. The ficult. This is sort of a pattern, where I thank the Senator from Michigan only reason the Court in Rasul said the the Department of Defense wants to do for yielding me the time and I yield the Court had jurisdiction to consider it is it their way and is very resistant to floor. because the language in 2241 was not congressional inquiries and to congres- The PRESIDING OFFICER. Who explicit enough to exclude the aliens, sional oversight. yields time? the terrorists who were detained at While it is a collateral matter, it Mr. GRAHAM. How much time do I Guantanamo Bay from asserting that bears on some of the work by the Judi- have remaining? jurisdiction. ciary Committee on Able Danger. The PRESIDING OFFICER. The Sen- Third, our chairman, Senator SPEC- There we have, notwithstanding com- ator has 121⁄2 minutes. TER, has said we need a comprehensive mitments by the Department of De- Mr. GRAHAM. I yield 6 minutes to way to deal with the prisoner claims. fense, not been able to get important my colleague from Arizona. And he is absolutely correct about information. The PRESIDING OFFICER. The Sen- that. And this amendment provides I see the Presiding Officer edging for- ator from Arizona. such a mechanism. ward. Is my time about to expire? Mr. KYL. Mr. President, let’s go back What Senator SPECTER says is: I’m The PRESIDING OFFICER. The Sen- to the fundamentals of what actually not sure that we should be granting a ator has 2 minutes remaining. happened and what the amendment of circuit court of appeals review right. Mr. SPECTER. I thank the Chair. the Senator from South Carolina would That’s a pretty good right, I would But I am not prepared, at this stage, to actually do. The Congress did not cre- say. That’s what this amendment does. support legislation which calls for re- ate laws to deal with terrorists, pri- Either we are arguing we are not giv- moval of habeas corpus. The issues on mary to the beginning of the war on ing these detainees enough rights or we detainees and military commissions terrorism. Questions arose as to the ex- are giving them too many rights, but have been pending since 9/11 of 2001. ecutive branch’s treatment of these let’s get one or the other here. I think Until the Judiciary Committee held a terrorists in detention. Absent congres- what we are doing is granting a sub- hearing in June 15 of 2005, nothing had sional direction, the U.S. Supreme stantial right to appeal the issue of been done by Congress. The Supreme Court had to interpret an existing stat- status when, first of all, it is deter- Court finally took the bull by the ute, section 2241. It held that, since mined by the CSRT procedures in the horns and came down with the three Congress had not expressed any inten- military tribunals at Guantanamo Bay decisions in June of 2004 because the tion outside of section 2241 in inter- and then there is an automatic right to Congress had not acted. It didn’t know preting that section, the courts had ju- appeal this, not just to a Federal court what to do. It didn’t know quite how to risdiction to consider habeas corpus pe- but to the U.S. court of appeals, on the approach it. And perhaps it was too hot titions regarding the status of these record. That is a substantial right. to handle. But the Congress frequently detainees. That is all that the Court But what we have gotten rid of are is inactive in the face of assertions by has held. these hundreds of habeas petitions that the executive of the need to defer to As Justice Scalia said in his dissent, will be clogging the Federal courts. We Presidential power. But I believe that ‘‘the petitioners do not argue that the have already seen them making med- the habeas corpus provisions which are Constitution independently requires ju- ical malpractice claims against the now in effect need to be maintained. risdiction here.’’ So let’s be plain, that doctors, saying they want one kind of While the three decisions by the Su- the Great Writ does not apply to ter- food as opposed to another kind of food preme Court in June of 2004 did not an- rorists. No one argued in the Rasul and so on. It is going to get like it did

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12660 CONGRESSIONAL RECORD — SENATE November 10, 2005 with prisoners. One of the real-life right. We should oppose this amend- Mr. LEVIN. Mr. President, reserving cases that came out of Arizona that we ment. the right to object, we have not seen tried to take care of in 1996 law is a We made a major change in the ha- the perfecting amendment of the Sen- prisoner said: I want chunky peanut beas corpus laws a few years ago when ator from South Carolina. I have not butter, I don’t want creamy peanut we were looking at that to see how seen the perfecting language. Reserv- butter. And that was the habeas peti- that works. ing the right to object, what is the pur- tion. You have a right to question food This is not the time nor the place nor pose of that, if I may inquire? in a habeas petition. Do we want our the bill to willy-nilly—that is really The PRESIDING OFFICER. Is there Federal courts clogged with terrorists what it is—make this change in the ha- objection? making these kind of petitions? No. beas corpus law. There are just too Mr. LEVIN. I have no objection. As a result, what Senator GRAHAM many things going on—whether it is Mr. WARNER. There are no objec- has done here is very sensible, to say the reports in the press about us using tions that I know of, Mr. President. there is going to be a military tribunal secret prisons that had been abandoned The PRESIDING OFFICER. Without to determine status. By the way, it is by the old Soviet Union following criti- objection, it is so ordered. reviewed every single year. When that cism of every President, Republican or There will be 20 minutes divided on status is first determined, there is an Democrat, in my lifetime, that we are each side. Who yields time? The Sen- automatic right to appeal to the U.S. now using that, to questions that are ator from South Carolina is recognized. Court of Appeals for the District of Co- raised and appropriately raised about Mr. GRAHAM. I defer to my col- lumbia. But the writ of habeas corpus, Guantanamo. league from New Mexico. which has never been intended to apply I have heard it said here that the Red The PRESIDING OFFICER. The Sen- to prisoners of war, much less terror- Cross has available to them all pris- ator from New Mexico. ists, does not apply in this case. oners, that the press has available to Mr. BINGAMAN. Mr. President, let We are not going to clog up the them all prisoners—we have found that me speak very briefly. I wanted to clar- courts with habeas corpus petitions. isn’t so—and prisoners are spirited out ify a couple of points. The Senator You can have an automatic right to in the middle of the night to these se- from South Carolina has indicated that the circuit court of appeals. cret prisons. instead of people having a right to It gets us back to the point that Sen- Let us stand as a country that be- challenge the legality of their deten- lieves in the rule of law. ator GRAHAM made in the beginning. tion through a writ of habeas corpus, I hope we stand with the senior Sen- Let us recognize that we are not deal- we are going to give them the right to ator from Pennsylvania in opposing ing with criminal defendants. We are challenge the legality of their deten- this amendment. tion in the Court of Appeals for the dealing with people who have com- The PRESIDING OFFICER. Who mitted acts of war against the United District of Columbia. That is not what yields time? his amendment says. His amendment States. They certainly should not be Mr. WARNER. Mr. President, if the says the Court of Appeals for the Dis- accorded greater privileges than U.S. Senator from South Carolina would trict of Colombia shall have a limited citizens or prisoners of war. defer to the managers, I would like to scope of review. The jurisdiction of the A final point: There has been a sug- address the Senate in connection with U.S. Court of Appeals for the District gestion by some that this would some- a unanimous consent request. My un- of Columbia on any claims with respect how undercut the McCain antitorture derstanding is that it has been cleared to an alien under this paragraph shall amendments. I think Senator GRAHAM on both sides. laid that to rest. But make it crystal I ask unanimous consent that it now be limited to consideration of whether the determination of the combatant clear. Under McCain, there is not pri- be in order for Senator GRAHAM to offer vate right of action. They are enforced a perfecting second-degree amendment. status review tribunal regarding such by the constitutional requirement that I further ask unanimous consent that alien was consistent with such proce- the President take care that the laws at 4:30 the Senate proceed to a vote in dures and standards as specified by the be executed. The Graham amendment relation to the Graham second-degree Secretary of Defense. does not take away the right of action amendment; further, that following The very limited scope of review that he would provide to the court of ap- to enforce McCain because there is no that vote Senator BINGAMAN be recog- right of action to enforce McCain in nized and it be in order for him to offer peals would just say you can look to the McCain amendments. a motion to strike; further, that the see whether they, in fact, followed This is a very good amendment. It Senate proceed immediately to a vote their own procedures—the procedures gets us back to the basics of what kind on the motion to strike. set out by the Secretary of Defense— of folks these terrorists are. It grants Finally, I ask unanimous consent not whether the status, or whether the them substantial rights to contest that if the motion to strike is agreed detention of that individual is legal. their status but not the right to clog to, it be in order for Senator GRAHAM That is the question that the writ of up Federal courts. to offer a further amendment. habeas corpus gets to—a question of Mr. LEVIN. Mr. President, I yield 2 The PRESIDING OFFICER. Is there whether, in fact, a person is being le- minutes to the Senator from Vermont. objection? gally held by the government. Mr. LEAHY. Mr. President, I am al- Mr. LEVIN. Reserving the right to To say that we are going to give the ways concerned that when they speak object. Court of Appeals for the District of Co- of terrorism we are constantly adding Mr. BINGAMAN. Mr. President, I lumbia authority to look at whether new things to our laws to show how we would like to ask a question for clari- the Department of Defense followed are opposed to terrorists. Maybe it fication. I anticipated offering a sec- their own procedures does not, in fact, would be easier to just to pass a resolu- ond-degree amendment, for which I un- solve that problem. tion 100 to 0 saying we are all opposed derstood I would be entitled to 30 min- I think that is clearly a clarification to terrorists. Of course, we are. utes equally divided. I want to make that needs to be understood by every- I also remember when it was written sure I have a right to argue that one. and attributed to Benjamin Franklin amendment and have my 30 minutes of The other point that I would make is at a time when he and other Founders debate on my second-degree amend- it does not matter, frankly, what peo- of this great Nation faced the hang- ment before we wind up agreeing to a ple put in these petitions. I heard my man’s noose. Had they failed in their 4:30 vote. colleagues—both the Senator from efforts to create a democracy instead Mr. WARNER. Mr. President, would South Carolina and then the Senator of trade, their liberties for security de- the Senator be willing to amend this from Arizona—say we have these out- serve neither. by saying that the time remaining be- rageous requests being made that they We should go very slowly when we tween now and 4:30 be equally divided didn’t like the peanut butter, they want to make changes on the great between himself and Senator GRAHAM? don’t like the television they are hav- rift. Would that serve your purpose? ing to watch. It doesn’t make any dif- The distinguished chairman of the Mr. BINGAMAN. That will be an ac- ference what they put in these peti- Judiciary Committee is absolutely ceptable result. tions. The writ of habeas corpus which

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12661 the Senator from South Carolina would The PRESIDING OFFICER. To the The PRESIDING OFFICER. Is there have us eliminate as to these individ- unanimous consent for 5 minutes, or objection? uals is a procedure which says the such time as may be consumed. Without objection, it is so ordered. court can determine whether you are Mr. KERRY. The order would be that The amendment (No. 2514), as modi- legally being held, not whether you are Senator ROCKEFELLER and Senator fied, was agreed to as follows: given the right peanut butter, not ROBERTS would introduce the modifica- whether you are being allowed to see tion on his amendment, at which point In lieu of the matter proposed to be inserted, insert the following: the right DVDs, and there is no obliga- the debate would conclude with respect tion of the court to grant any of these to the Kerry amendment. We would SEC. ll. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES FOR INDI- petitions. There is no obligation of the vote on the Kerry amendment prior to VIDUALS CAPTURED IN THE GLOBAL court to hold hearings on any of these the Graham amendment, and then sub- WAR ON TERRORISM. petitions. sequently his unanimous consent re- (a) IN GENERAL.—The President shall en- All we are saying is if a court request, as propounded, already would sure that the United States Government con- ceives a petition from an individual stand. tinues to comply with the authorization, re- who is being held prisoner and deter- Mr. WARNER. Mr. President, I have porting, and notification requirements of mines that there is a problem or a po- to at this time object. title V of the National Security Act of 1947 tential problem, that court does have I suggest the absence of a quorum so (50 U.S.C. 413 et seq.). authority to go ahead and issue an we can hopefully resolve this. (b) DIRECTOR OF NATIONAL INTELLIGENCE order which is a writ saying bring that The PRESIDING OFFICER. The REPORT.— individual here and justify the impris- clerk will call the roll. (1) REPORT REQUIRED.—Not later than 60 The legislative clerk proceeded to days after the date of the enactment of this onment of this individual. Act, the Director of National Intelligence This is the bedrock of our constitu- call the roll. Mr. WARNER. Mr. President, I ask shall provide to the members of the Select tional system. This is the bedrock of Committee on Intelligence of the Senate and our legal system which goes back long unanimous consent that the order for the Permanent Select Committee on Intel- before the Founders even wrote the the quorum call be rescinded. ligence of the House of Representatives a de- Constitution. It would be a very tragic The PRESIDING OFFICER. Without tailed report setting forth the nature and mistake for us, on a Thursday after- objection, it is so ordered. cost of, and otherwise providing a full ac- noon, in an amendment to the Defense Mr. WARNER. Mr. President, I appre- counting on, any clandestine prison or deten- authorization bill, to dispense with ciate the patience of all of our col- tion facility currently or formerly operated leagues, wherever they may be. We are by the United States Government, regardless this for this or any group of individ- of location, where detainees in the global uals. continuing to make considerable progress. That progress will hopefully war on terrorism are or were being held. I urge my colleagues to resist the (2) ELEMENTS.—The report required by amendment, as I did before. If the lead to final passage tonight. paragraph (1) shall set forth, for each prison amendment is defeated, the second-de- Consistent with those objectives, I or facility, if any, covered by such report, gree amendment which I would offer ask unanimous consent that the Rob- the following: contains the first three sections of the erts amendment now be modified with (A) The location and size of such prison or amendment that the Senator from the changes that are at the desk; pro- facility. South Carolina has offered. That is the vided further that the amendment be (B) If such prison or facility is no longer portion of the amendment which we agreed to. I further ask consent that no being operated by the United States Govern- ment, the disposition of such prison or facil- agreed to for the Defense appropria- later than the hour of 4:45, the Senate proceed to votes in relation to the fol- ity. tions bill and that is the part which is (C) The number of detainees currently held appropriate for us to enact again as lowing amendments: the Kerry amend- or formerly held, as the case may be, at such part of this bill, if the Senate desires to ment, as amended; Lautenberg No. prison or facility. do so. 2478, as modified with the changes at (D) Any plans for the ultimate disposition I yield the floor. the desk; Graham amendment 2516; the of any detainees currently held at such pris- The PRESIDING OFFICER. The Sen- Bingaman motion to strike is under on or facility. ator from Massachusetts. the previous order; conference report (E) A description of the interrogation pro- Mr. KERRY. Mr. President, I wanted to accompany the foreign operations cedures used or formerly used on detainees to ask the Senator from South Caro- bill; further, that no second degrees be at such prison or facility, and a determination, in coordination with other appropriate lina if he would object to a unanimous in order to the Kerry or Lautenberg officials, on whether such procedures are or consent that we allow Senator ROCKE- amendments prior to the vote; and that were in compliance with United States obli- FELLER and Senator ROBERTS to take 5 there be 2 minutes equally divided be- gations under the Geneva Conventions and minutes to introduce a modification, fore the votes, with the Lautenberg the Convention Against Torture. and then to stack the votes and have amendment getting 8 minutes equally (3) FORM OF REPORT.—The report required the vote on that amendment prior to divided before the vote. I further ask by paragraph (1) shall be submitted in classi- his on the unanimous consent order. that after the first vote, all subsequent fied form. The PRESIDING OFFICER. Is there votes be 10 minutes. The amendment (No. 2478), as modi- objection? Mr. LEVIN. Reserving the right to fied, is as follows: Mr. LEVIN. Mr. President, reserving object—I don’t intend to object—I ask On page 286, strike lines 1 through 3, and the right to object, it is essential that a parliamentary inquiry as to whether insert the following: the amount of time between now and there is anything in this unanimous SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- 4:30 be used on the debate on the Gra- consent agreement which would pre- RITY ACT OF 1950. ham amendment. That would detract, I clude the offering of additional second- (a) PROHIBITION ON HOLDING OF SECURITY am afraid, from that amount of time. degree amendments to the Graham CLEARANCE AFTER CERTAIN VIOLATIONS ON Mr. KERRY. It would be difficult. I amendment should the Graham amend- HANDLING OF CLASSIFIED INFORMATION.— think it would take 5 minutes to han- ment 2516 be agreed to and should the (1) PROHIBITION.—Section 4 of the Internal dle what we have to do. Bingaman motion to strike be de- Security Act of 1950 (50 U.S.C. 783) is amend- Mr. LEVIN. I would ask unanimous feated. ed by adding at the end the following new consent—and I ask everyone to pay at- The PRESIDING OFFICER. Depend- subsection: tention to this—that any time taken to ing on how the amendment is drafted, ‘‘(B) No person, including individuals in comply with that request be added on a further second-degree amendment the executive branch and Members of Con- at 4:30 so that the vote would be at 4:35 could be in order. gress and their staffs, who knowingly vio- or 4:40, depending upon whether this in- lates a law or regulation regarding the han- Mr. LEVIN. Or amendments. dling of classified information in a manner sert would take 5 or 10 minutes to that The PRESIDING OFFICER. Or that could have a significant adverse impact modification. amendments. on the national security of the United The PRESIDING OFFICER. Is there Mr. LEVIN. I thank the Presiding Of- States, including the knowing disclosure of objection? ficer. the identity of a covert agent of the Central Mr. LEVIN. Is the Presiding Officer’s Mr. WARNER. I hear no further com- Intelligence Agency or the existence of clas- question, Is there objection? ment or objection. sified programs or operations, the disclosure

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12662 CONGRESSIONAL RECORD — SENATE November 10, 2005 of which could have such an impact, to a per- The PRESIDING OFFICER. The Sen- I thank Senator BINGAMAN and Sen- son not authorized to receive such informa- ator from West Virginia. ator GRAHAM for their courtesy. tion, shall be permitted to hold a security Mr. ROCKEFELLER. I thank the Mr. President, I yield back any time clearance for, or obtain access to, classified Presiding Officer. we have. information.’’. AMENDMENT NO. 2507 AMENDMENT NO. 2515 (2) APPLICABILITY.—Subsection (f) of section 4 of the Internal Security Act of 1950, as Mr. President, I support the objective The PRESIDING OFFICER. The Sen- added by paragraph (1), shall apply to any in- of the underlying amendment proposed ator from New Mexico and the Senator dividual holding a security clearance on or by Senator KERRY and others, those from South Carolina each have 121⁄2 after the date of the enactment of this Act others being the minority leader and minutes under their control. with respect to any knowing violation of law Senator BIDEN. The Senator from New Mexico. or regulation described in such subsection, The information required by the Mr. BINGAMAN. Mr. President, I regardless of whether such violation occurs Kerry amendment is essential if we are yield 5 minutes to the Senator from before, on, or after that date. to ensure that the U.S. intelligence Michigan. (b) CLARIFICATION OF AUTHORITY TO ISSUE The PRESIDING OFFICER. The Sen- SECURITY REGULATIONS AND ORDERS.— community is carrying out its intelligence collection mission against a ator from Michigan. Mr. BINGAMAN. Mr. President, Mr. LEVIN. Mr. President, I thank could I clarify, how long is this discus- dangerous and nefarious terrorist enemy. the Senator from New Mexico. sion going to take because I know this I do not see the Senator from South is set for 4:45. In fact, earlier this year, I took to the Senate floor during the consider- Carolina on the floor, and I wanted to Mr. ROBERTS. Five minutes. propound a question to him. So I will Mr. WARNER. Mr. President, I see ation of the emergency supplemental appropriations bill and offered a sense- wait until he returns. that the Senator from Kansas says 5 Mr. President, I wonder if the Sen- of-the-Senate amendment calling for minutes, and the Senator from Massa- ator from South Carolina might make such an investigation in the Intel- chusetts is indicating some time to himself available to answer an inquiry ligence Committee. The amendment help our colleague. by the Senator from Michigan. was ruled out of order by the Chair. Mr. BINGAMAN. Mr. President, the Mr. GRAHAM. I say to the Senator, I The reason I raise this point is that concern is, we still need a few minutes would be glad to, if I could just wrap up the Intelligence Committee is the only to complete the debate on the Graham my thoughts. But do you want to do committee in the Senate with the ex- amendment and my second degree. I that now? What would you like to do? pertise and the jurisdictional responsi- would hate to see that time all used up Mr. LEVIN. Mr. President, I wonder bility for overseeing the Central Intel- while they are discussing this other if the Senator from New Mexico, then, ligence Agency and the other agencies amendment. would like to proceed with his time and comprising the U.S. intelligence com- The PRESIDING OFFICER. Con- then yield to me in a few minutes? And munity. The Kerry amendment, as sistent with the previous agreement, then I could propound that question at amended, correctly points out that all Senators Bingaman and Graham would a later moment. each have 15 minutes, and they may members of the Intelligence Com- Mr. GRAHAM. Shall I go first? yield that time to others. mittee must have answers to key ques- Mr. BINGAMAN. Go right ahead. The Senator from West Virginia. tions concerning alleged clandestine The PRESIDING OFFICER. The Sen- Mr. ROCKEFELLER. Mr. President, detention facilities. We need the infor- ator from South Carolina. it is my understanding, from the col- mation so we can ensure that the intel- Mr. GRAHAM. Mr. President, how loquy we had around the desk of the ligence activities of this Nation are much time do I have? chairman of the Armed Services Com- both effective and lawful. The Senate The PRESIDING OFFICER. Twelve mittee, in order to expedite the whole Intelligence Committee was estab- and a half minutes. process, we would lead with the Kerry lished 30 years ago to carry out pre- Mr. GRAHAM. Twelve and a half amendment, and we would then pro- cisely this type of matter. minutes. ceed onward. I thought that was the I wish to commend, once again, the Mr. President, one thing I have not agreement. Senator from Massachusetts, Mr. done in this whole process is be willy- Mr. WARNER. Mr. President, I can KERRY, and the cosponsors for offering nilly about this amendment or about only say to my colleague, having been this amendment. I am pleased that the this issue. I am deeply concerned as a a part of this, we seemed to reach a second-degree amendment has been Senator that we have lost the moral consensus. Staffs on both sides com- agreed to. high ground in the war, that we have piled this UC request, which my under- I thank my colleagues. I hope we can confused our own troops, that our in- standing is it was cleared, subject to adopt this amendment on the floor be- terrogation techniques have been out clarification by the Senator from cause I believe it is a good piece of leg- of bounds. That is why I support Sen- Michigan, and it was a concluded mat- islation that John Kerry has put for- ator MCCAIN and other Members of this ter. ward. body—90 to 9—to get it right, because The PRESIDING OFFICER. The Sen- Mr. President, I yield the floor. we have to maintain the moral high ator from Massachusetts. The PRESIDING OFFICER. The Sen- ground. Mr. KERRY. Mr. President, I do not ator from Massachusetts. We did not have hearings about that think we need to get hung up on this at Mr. KERRY. Mr. President, I will because we do not need hearings. We all. I think the unanimous consent re- just take 1 minute. know that our interrogation tech- quest was absolutely correct in the I thank Senator ROCKEFELLER and niques have been confusing and some- order it proceeded. We simply now have Senator ROBERTS for their cooperation times unacceptable. We know it is time to agree that Senators ROCKEFELLER in this effort and Senator WARNER and for America to say to the world that no and ROBERTS would have a total of 5 Senator LEVIN for helping to proceed matter what agency is involved or minutes between them, and subse- down the road here. We are happy to where the person is, they are going to quently Senator GRAHAM and Senator accept the modification, a modification be treated humanely. We know that. BINGAMAN would follow with their 15 that I think appropriately keeps the I have been dealing with this for a minutes, approximately, and the votes jurisdiction within the Intelligence year. I have worked with Senator SPEC- would follow immediately thereafter. Committee, but at the same time it TER. I have been trying to find some The PRESIDING OFFICER. Without also appropriately makes certain that way to get a grip on the legal aspects objection, it is so ordered. the Senate will have the information of this war, as well as the moral as- Mr. WARNER. Mr. President, do I unnecessary to be able to provide ac- pects of this war. And before I got derstand now that the Presiding Officer countability with respect to these ac- here—I am still an active member of has ruled that the UC is in place that tivities. the Reserves. I have been a judge advo- I so stated? So I thank my colleagues and look cate in the Air Force most of my adult The PRESIDING OFFICER. It is. forward to the vote. I hope my col- life. Mr. WARNER. I thank the Chair. leagues will overwhelmingly embrace Senator LEAHY mentioned some- I yield the floor. this amendment. thing: Let’s be a nation of the rule of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12663 law. I applaud that. The question is, bunal, not in a civilian court. We had We have over one hundred lawyers now What is the law here? What is the rule German POWs who tried to come into from big and small firms working to rep- of law when you are at war? The rule of Federal court, and our court said: As a resent these detainees. Every time an attor- law when you are at war is the law of ney goes down there, it makes it that much member of an armed force, organized harder for the U.S. military to do what armed conflict. When we were attacked against the United States, you are not they’re doing. You can’t run an interroga- on 9/11, we went to war, ladies and gen- entitled to a constitutional right of ha- tion . . . with attorneys. What are they tlemen. We are not fighting a criminal beas corpus. going to do now that we’re getting court or- enterprise. The rule of law in the law of Do you want to give these terrorists ders to get more lawyers down there? armed conflict says that POWs and habeas corpus rights just like an aver- Civilian judges cannot run this war. enemy combatants and irregular com- age, everyday American citizen or a This is about the rule of law. The rule batants will be detained within the common criminal to sue our own of law protects people in armed com- guidelines of the Geneva Conventions. troops? Well, if you do, vote against bat. This is about changing our law to An enemy combatant is not entitled to my amendment. If you want to get give terror suspects rights of U.S. citi- Geneva Conventions protection because back to where we have been for 200 zens. they do not wear a uniform, they do years, then you need to support me. Shame on us if we do that. not fight for a nation. But an enemy This is not complicated. We need to I reserve the remainder of my time. combatant is entitled to certain do more than one thing at a time. We The PRESIDING OFFICER. Who things. We as Americans say you are need to have interrogation techniques yields time? entitled to be treated humanely, inter- we can be proud of. We need the Mr. BINGAMAN. How much time re- rogated humanely, and you are entitled McCain amendment. We need to stand- mains, Mr. President? to due process to be kept off the battle- ardize interrogation techniques so we The PRESIDING OFFICER. The Sen- 1 field. But you are what you are. You do not lose the moral high ground. We ator from New Mexico has 11 ⁄2 min- are someone who took up arms against need to make a statement that we are utes. Mr. BINGAMAN. And how much on our country. Never in the history of going to treat everybody humanely. the side of the proponent? the rule of law of armed conflict has an Enemy combatant, POW—no matter The PRESIDING OFFICER. Four enemy combatant, POW, person who is who you are—we are going to treat you minutes. trying to kill U.S. troops, been given humanely. Mr. BINGAMAN. I yield 5 minutes to the right to sue those same troops for The Congress does not need to give the Senator from Michigan. their medical care, for their exercise the executive branch a blank check on Mr. LEVIN. I thank my friend from programs, or for their reading mate- how to run this war. My amendment New Mexico. I wonder if I could inquire rials. requires the executive branch to report of the Senator from South Carolina, I Do you want to be the Senator who to us about what they are doing at agree with much of what he said, and I has changed 200 years of law? Do you Guantanamo Bay. It requires the Sen- congratulate him for trying to get want to be the Senator who is changing ate to confirm the person in charge of some rules and regulations into these the law of armed conflict to say that releasing or retaining these enemy proceedings. I believe that is impor- an enemy combatant—someone caught combats. My amendment gives them tant. But if the habeas corpus pro- on the battlefield, engaged in hos- every right the Geneva Conventions af- ceedings were added to the Senator’s tilities against this country—is not a ford an enemy combatant, and then amendment—they were not part of the person in a war but a criminal and some. It gives them an adversarial pro- Senator’s amendment to begin with, given the same rights as every other ceeding at Guantanamo Bay, where and I think all of us shared the original American citizen? Do you want to be they can challenge their status. We go amendment of the Senator from South the Senator who changes 200 years of further. It gives them a right to go to Carolina, but then the court-stripping that? I do not want to be. This is not the District Court of Appeals of the provisions were added relative to ha- complicated. One thing is for sure, this District of Columbia—something never beas corpus. That is where we are get- is not complicated. No POW in the his- done in the history of warfare—because ting into very precipitous trouble. tory of this country has ever been al- we want to let the world know we are Given the language of the new lowed to sue our own troops in Federal going to go out of our way to get it amendment of the Senator from South court. Does it matter? The habeas cor- right. Carolina, if one of these enemy com- pus writ that is being exercised does But, ladies and gentlemen, if we do batants is sentenced to death, there not come from the Constitution. This not rein in prisoner abuse, we are going would be no appeal; is that correct? is not a constitutional right that an to lose the war. But if we do not rein in Mr. GRAHAM. No, sir. That is not enemy combatant has under our law. legal abuse by prisoners, we are going correct. This is an interpretation of a statute to undermine our ability to protect Mr. LEVIN. Let me read the lan- we passed, 2241. ourselves. guage of the Senator’s amendment. The question is, 4 years after 9/11, do I am making one simple request of Mr. GRAHAM. The military commis- we want to change our law and give a this body: Do not give the terrorists, sions would be the sentencing body, terrorist, an al-Qaida member, the abil- the enemy combatants, the people who not the CSRTs. I know this is a bit ity to sue our own troops in Federal blow up folks at weddings, who fly air- complicated, but the CSRT provision court, all over the country, for any- planes into the Twin Towers, the abil- doesn’t try people. It determines thing and everything? I do not. I want ity to sue our own troops all over the whether they are enemy combatants. to treat them humanely. I want to get country for any and everything. Give Mr. LEVIN. If I could read this, be- good information. And I want to pros- them due process. Treat them hu- cause I only have a few minutes, on ecute them within the rule of law. But manely. Try them under the rule of page 3 of the amendment, Judicial Re- I do not want to do something that is law. But let’s not change 200 years of view: absurd and is going to hurt our na- the law of armed conflict. United States Code is amended by tional security; that is, allowing a ter- Your vote today matters. Your vote saying no court, justice, or judge shall rorist the ability to go to Federal court today matters. We are going to make have jurisdiction to hear or consider an and sue our own troops, who are fight- history one way or the other. application for writ of habeas corpus ing for our freedom, as if they were an Does the Senate, honestly to God, filed by or on behalf of an alien outside American citizen. want to give terror suspects the same the United States who is detained at Do you know why the Nazis did not rights as American citizens based on a Guantanamo Bay. get to do that when we had them in our statute we pass? That is what is at Is it not accurate to say that no charge? Because that is not the law. It stake here. Our troops are counting on court of the United States could review has never been the law. We caught six us. a conviction which even resulted in a German saboteurs sneaking into this They are being taken all over the death sentence for one of these people country, trying to blow up part of country, and here is what is going on down at Guantanamo and that that is America. They were tried. Where? In a according to some of the people in- inconsistent with the decision of the military commission, a military tri- volved in these habeas petitions: Supreme Court in re Quirin?

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12664 CONGRESSIONAL RECORD — SENATE November 10, 2005 Mr. GRAHAM. No, sir. That is not ac- Hamdan v. Rumsfeld to decide whether procedure of keeping them off the bat- curate. This says that no illegal, no military commissions established by tlefield, allows them due process rights foreign alien who is being detained as the President— beyond Geneva Conventions article 5, an enemy combatant can file a writ of The PRESIDING OFFICER. The Sen- allows them now to go to a district habeas corpus. The reason for that ator’s time has expired. court and the Court of Appeals for the being said is because that has been the Mr. BINGAMAN. I yield whatever District of Columbia beyond what the law for 200 years. We didn’t let German time the Senator needs. Geneva Conventions ever envisioned. prisoners file writs. Under the Roo- Mr. LEVIN. In the Hamdan case, the The military commissions are totally sevelt administration, these six people Supreme Court, a few days ago, agreed different. No one has been tried yet. were captured. They were tried. Four to determine the legality of the mili- Here is the one thing I can tell you were executed. A writ of habeas corpus tary commissions established by the for sure as a military lawyer. A POW was not available to them. It should President to try enemy combatants or an enemy combatant facing law of not have been available to them. The and about whether detainees at Guan- armed conflict charges has not been reason we have a military system and tanamo are entitled to protections given the right of habeas corpus for 200 we have a civilian system is because we under the Geneva Conventions. That years because our own people in our understand the military is a unique case would be wiped out under the lan- own military facing court-martials, body. We don’t try our own people in guage which is retroactive in the Sen- who could be sentenced to death, do civilian court. We try them in military ator’s amendment. The Supreme Court, not have the right of habeas corpus. It court. It has been the history of the although they have agreed to hear the is about military law. I am not chang- law of armed conflict that when you case, would be stymied in hearing a ing anything. I am getting us back to have somebody tried for a violation of case they have agreed to hear. This what we have done for 200 years. law of armed conflict, you don’t go to goes way beyond the question of If you want to give terrorists habeas Federal court. You go to a military whether we are substituting. I have no corpus rights as if they were American commission or a military court. That great problem in substituting the court citizens, that they are not part of an is what happened in World War II. That review for habeas corpus relative to outfit trying to wage war on us, fine, is what will happen to these people, if those determinations of status. I think vote against me. If you think they are they are tried. that is a fair substitute because at common criminals like American citi- Mr. LEVIN. Let me read from the least then there is a court review. But zens, vote against me. I will be the first opinion in the Hamdan case to see if this goes way beyond that, because this to say that if these were criminals, we the Senator would agree with it. Ex amendment eliminates habeas corpus wouldn’t treat them this way. These parte Quirin, in which captured Ger- for all issues which might be raised by are not criminals. These are people man saboteurs challenged the lawful- detainees, including a conviction which caught on the battlefield as the Nazis ness of the military commission before leads to a death sentence that violates were caught on the battlefield. They which they were to be tried, provides a Quirin. need to be held accountable. They need compelling historical precedent for the It is inconsistent with what the Su- to be treated humanely. Does this body power of civilian courts to entertain preme Court did in the case which I al- want to be the first Senate in the his- challenges that seek to interrupt the ready referred to. It would eliminate tory of the United States to confer processes of military commissions. The the jurisdiction already accepted by rights on a POW and an enemy combat- Supreme Court ruled against the peti- the Supreme Court in Hamdan. ant to sue the troops who are trying to tioners in Quirin but only after consid- I urge that we not adopt this amend- protect us? There are 160 cases down ering their arguments on the merits. ment. It is far too broad. Senator SPEC- there. There are going to be 300 cases. What the language of the Senator’s TER’s argument that the Judiciary They are going to ruin the ability to amendment does—and I hope it is inad- Committee should have an opportunity get intelligence because we in the Sen- vertent—the Senator eliminates court to look at this is an argument to which ate haven’t acted, and we need to act. review of the sentences of enemy com- we ought to listen. How are we going to act? Are we batants before these commissions. I un- Although I disagree with the Sen- going to act in the best tradition of the derstand that he provides a mechanism ator’s modified amendment, I do want United States in accordance with the to review the status of those enemy to commend Senator GRAHAM because rule of law, or are we going to give ter- combatants. That is fine. He sends he has at least undertaken to tackle a rorist suspects, al-Qaida members, the them all to court. That creates the very difficult issue which this body right to sue our own troops in Federal kind of problem which the Senator should tackle. court? If you want that, vote against from Pennsylvania talked about. But The PRESIDING OFFICER. The Sen- me. If you think that is absurd, vote he goes way beyond that. The Sen- ator from South Carolina. with me. ator’s language goes way beyond say- Mr. GRAHAM. To my good friend Mr. LEVIN. Does the Senator from ing that we are substituting court re- Senator LEVIN, we fundamentally dis- South Carolina want to give those view for habeas corpus relative to sta- agree. There is a principle at stake same terrorists due process, for heav- tus determinations. The Senator’s here that is as old as war itself. Writs en’s sake? Of course, he does. He gets amendment eliminates habeas corpus of habeas corpus have never been given up on the floor and says he wants to on all issues for enemy combatants at to enemy combatants or POWs. They provide due process. I say— Guantanamo. That would be a clear re- have never been allowed access to the Mr. GRAHAM. May I respond? peal of the decision in Quirin and Federal court to challenge their enemy Mr. LEVIN. I want an opportunity would also do one other thing. combatant status tribunal which is here. He is on the right track in doing In the Rasul case, which has been al- new and different, beyond the Geneva it. The question is whether there will ready decided by the Supreme Court, Conventions. The German prisoners be an appeal. If there is a conviction of the Supreme Court concluded that Fed- were tried by a military commission. those alleged terrorists for committing eral courts have jurisdiction to deter- Four of them were executed. They were a war crime, is there any appeal under mine the legality of the executive’s po- not allowed to go into Federal court this language in the amendment? I am tentially indefinite detention of indi- under writ of habeas corpus because afraid there is not. I don’t think it is viduals who claim to be wholly inno- the Constitution does not confer the the intention of the amendment, be- cent of wrongdoing. This decision of right of a writ to a foreign alien in- cause the Senator says, of course, there the Supreme Court would be reversed if volved in combat activities against the is going to be appeal. The trouble is, we adopted this language. United States. The only reason we are the language of the amendment, by its Finally, in the moment I have re- talking about this is, the Court is in- own specific terms, says: No court, jus- maining, there is pending a decision at viting us: As the Senate, do you want tice, or judge shall have jurisdiction to the Supreme Court which would be al-Qaida members, under 2241, to have hear or consider an application for a retroactively prohibited. The Supreme the writ of habeas corpus. The military writ of habeas corpus filed by some- Court has agreed to hear a case re- commissions are set up to try these body at Guantanamo. That is the prob- cently, about a week ago, in the case of people. My amendment talks about the lem here. There would be no appeal.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12665 Although the Senator makes a plea answered my question by not answer- amendment to retain the first three for due process for these same terror- ing it. I asked him what court would an portions. ists, he would eliminate the appeal of a appeal of a death sentence be appealed Mr. President, I yield the floor. conviction that led to a capital offense, to? His answer was, a three-judge Mr. GRAHAM. I ask unanimous con- the death penalty, for these same ter- panel. That three-judge panel is ap- sent to add Senator CORNYN as a co- rorists. I hope that is not his intent, pointed by the Secretary of Defense. I sponsor to the amendment. but it would be the first time that that asked specifically to what court would The PRESIDING OFFICER. Without would ever happen, that we would pur- a death sentence be appealed, if this objection, it is so ordered. port, as the Senate, to strip the court language is adopted. I read the lan- AMENDMENT NO. 2507, AS AMENDED of habeas corpus opportunity to review guage as to how broad it is. It elimi- The PRESIDING OFFICER. Under that kind of a conviction. Since ex nates explicitly any appeal: No court, the previous order, the question is on parte Quirin, we have never done that. justice, or judge shall have jurisdiction the Kerry amendment, as amended. Mr. GRAHAM. May I answer that? I to hear or consider an application for Mr. WARNER. Mr. President, have say to the Senator, with all due re- writ of habeas corpus, and that is the the yeas and nays been ordered? spect, that is dead wrong. Military way an appeal goes to a court from one The PRESIDING OFFICER. They commissions that will be trying the of these people. It is eliminated. We have not. people designated by the President, strip courts of the right to hear a ha- Mr. WARNER. Mr. President, I ask subject to be tried at Guantanamo Bay beas corpus petition on a death sen- for the yeas and nays. for violation of the law of armed con- tence. The PRESIDING OFFICER. Is there a flict, do get appeals. They get more ap- I agree with what the Senator start- sufficient second? peal rights than the people who were ed out to do with his amendment. He There appears to be a sufficient sec- tried as German saboteurs under mili- was on the right track. But this lan- ond. tary commissions. They get a lawyer. guage goes way beyond it. That is why The question is on agreeing to the They get the right to confront wit- the chairman of the Judiciary Com- amendment. The clerk will call the nesses against them. They get the mittee, Senator SPECTER, and the roll. right to call witnesses. The military ranking member of the Judiciary Com- The assistant legislative clerk called commissions are different than the mittee, Senator LEAHY, oppose this the roll. CSRTs. There is a process in the mili- amendment. Mr. MCCONNELL. The following Sen- tary commissions for people to have Mr. GRAHAM. Mr. President, I want ators were necessarily absent: the Sen- every right under the Geneva Conven- to end with this thought. Never in the ator from Tennessee (Mr. ALEXANDER), tions and then some, to have more history of military commissions where the Senator from New Mexico (Mr. rights than the German saboteurs. The we have tried enemy combatants and DOMENICI), the Senator from Wyoming German saboteurs did not have habeas spies have they appealed those convic- (Mr. ENZI), the Senator from Nebraska corpus rights. They had an appeal right tions to Federal court. Never. (Mr. HAGEL), the Senator from Indiana within the military commission sys- The PRESIDING OFFICER. The Sen- (Mr. LUGAR), the Senator from Penn- tem, as the al-Qaida members do. To ator from New Mexico. sylvania (Mr. SANTORUM), and the Sen- Mr. BINGAMAN. Mr. President, how say that you can be tried at Guanta- ator from Wyoming (Mr. THOMAS). namo Bay for a war crime and not have much time remains? Further, if present and voting, the The PRESIDING OFFICER. The Sen- an appeal is not true. It is like we did Senator from Tennessee (Mr. ALEX- ator has 1 minute remaining. with the saboteurs. To say that people ANDER) would have voted ‘‘yea.’’ Mr. BINGAMAN. Mr. President, let at Guantanamo Bay should have ha- Mr. DURBIN. I announce that the me use the final minute of this debate beas corpus rights is doing something Senator from New Jersey (Mr. CORZINE) to clarify for my colleagues what we no one has ever had in the law of armed and the Senator from Hawaii (Mr. are doing here. There are four parts to conflict, Nazi or otherwise. INOUYE) are necessarily absent. Mr. LEVIN. My final question, to the amendment that the Senator from The PRESIDING OFFICER (Mr. COR- what court would the conviction of a South Carolina has offered. There are NYN). Are there any other Senators in parts A, B, C, and D. Parts A, B, and C detainee at Guantanamo for a capital the Chamber desiring to vote? are perfectly acceptable and provisions offense subject to death, to what court The result was announced—yeas 82, that I support and Senator LEVIN sup- would that appeal lie, if this language nays 9, as follows: of the Senator is adopted? It is a very ports. They were worked out. They [Rollcall Vote No. 318 Leg.] specific question, to what court? were added to the Defense appropria- Mr. GRAHAM. Under the military tions bill. YEAS—82 commission model, there is an appeal The first deals with procedures for Akaka Dodd McConnell to a three-judge panel of civilians ap- status review of detainees. The second Allard Dole Mikulski Allen Dorgan Murkowski pointed to hear appeals. In the military sets out what those procedures would Baucus Durbin Murray commission model, under World War II, generally provide. The third is a report Bayh Ensign Nelson (FL) they didn’t get that. There is an appeal on modification of procedures that Bennett Feingold Nelson (NE) process for civilian review of the trial would be made to the Congress. Biden Feinstein Obama Bingaman Frist Pryor of enemy combatants detained at It is the last part, this section D, ju- Bond Graham Reed Boxer Grassley Guantanamo Bay. My amendment dicial review, that is such a terrible Reid doesn’t affect that. It doesn’t change mistake, in my opinion. It has us, on a Brownback Gregg Bunning Harkin Roberts that at all. My amendment prevents Thursday afternoon as part of a debate Burns Hatch Rockefeller the use of habeas rights for POWs and on a Defense authorization bill, mak- Byrd Hutchison Salazar enemy combatants, something we have ing a very major change that is within Cantwell Inhofe Sarbanes Carper Jeffords Schumer never given in the history of the law of the jurisdiction of the Judiciary Com- Chafee Johnson Shelby armed conflict to people in the mili- mittee. The Judiciary Committee Clinton Kennedy Smith tary system because we don’t want ci- should be considering any effort by the Coburn Kerry Snowe vilian judges coming in here and run- Congress to limit or prohibit or sus- Cochran Kohl Specter Coleman Landrieu Stabenow ning the war. I am trying to get us pend the writ of habeas corpus. We Collins Lautenberg Sununu back where we have always been. This should not be trying to do that sort of Conrad Leahy Talent is not complicated, but it is very im- ‘‘oh, by the way, let’s do this.’’ Cornyn Levin Thune portant. The PRESIDING OFFICER. All time Craig Lieberman Voinovich Crapo Lincoln Warner The PRESIDING OFFICER. The time has expired. Dayton Lott Wyden of the Senator from South Carolina has Mr. BINGAMAN. I urge the defeat of DeWine McCain expired. the Graham amendment. Assuming it NAYS—9 Mr. LEVIN. If we are getting back to is defeated, I will not have to offer a Burr Isakson Sessions where we have always been, we don’t second-degree amendment. If it is Chambliss Kyl Stevens need this amendment. The Senator just adopted, I will offer a second-degree DeMint Martinez Vitter

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12666 CONGRESSIONAL RECORD — SENATE November 10, 2005 NOT VOTING—9 I want to be clear with my col- am trying to do is convenience a num- Alexander Enzi Lugar leagues. This amendment has nothing ber of Members who have commit- Corzine Hagel Santorum to do with criminal behavior. That is ments tonight. I once more ask if you Domenici Inouye Thomas taken care of in other statutes. It will not accept this on a voice vote. The amendment (No. 2507), as amend- merely governs under what cir- Mr. LAUTENBERG. I don’t want to ed, was agreed to. cumstances someone should lose their be obstinate. If we could now declare Mr. WARNER. Mr. President, I move security clearance for improper behav- the time that this session will end, per- to reconsider the vote. ior. Given recent developments of haps we can then look at a standing Mr. BINGAMAN. I move to lay that which we are all aware, this is a nec- vote. Other than that, if I agree to motion on the table. essary amendment. We need to make move my amendment along and find The motion to lay on the table was sure those who are careless with na- out that we still continue to drag on— agreed to. tional security information are denied will all the other amendments be sub- Mr. WARNER. Mr. President, I ask continued access to top-secret informa- jected to voice votes? for the regular order. tion. Anyone who leaks classified infor- Mr. WARNER. I will ask all. The PRESIDING OFFICER. There is mation should not continue to have a Mr. STEVENS. Where there is no ob- now 8 minutes equally divided on the security clearance. I am sure across jection, yes. Lautenberg amendment. the country people would agree with Mr. WARNER. If there is no objec- Mr. WARNER. Mr. President, I see that. If you are giving out information tion. the distinguished Senator from New you should not reveal in the first place, So once again I ask my colleague if Jersey. why should you have access to that we could voice vote this amendment? The PRESIDING OFFICER. The Sen- same type information on a continuing Mr. STEVENS. How about a unani- ator from New Jersey. basis? mous consent request? AMENDMENT NO. 2478, AS MODIFIED I urge my colleagues to support this Mr. LAUTENBERG. I have the yeas Mr. LAUTENBERG. Mr. President, amendment. and nays on this. this modified version of my amend- The PRESIDING OFFICER. The Sen- Mr. KENNEDY. What is the par- ment contains several good suggestions ator from Virginia. liamentary situation? Will the Senator from the managers of this bill, Senator Mr. WARNER. Mr. President, I yield? Will the Senator yield for a brief WARNER and Senator LEVIN. My under- worked on the amendment with the question? lying amendment stands for a very distinguished Senator from New Jer- Mr. WARNER. Yes. Mr. KENNEDY. As I understand the simple proposition: Those who know- sey. I have done so in consultation rules, if you get a standing division and ingly compromise significant classified with my leadership and the leadership the Chair calls it and you are the au- information should not continue to of the Intelligence Committee. hold a security clearance and they I would like to make this offer to my thor of the amendment and you are not should be denied further access to clas- good friend. We have a rapidly moving satisfied, you can still ask for the yeas sified information. The modification to bill. We have a number of amendments and nays, am I not correct? Mr. WARNER. I think the Senator is the amendment makes clear that it ap- yet to vote on tonight. The leadership correct in his interpretation of the plies to Members of the Congress and may well be addressing the Senate, the rules. to their staffs as well. majority leader and Democratic leader, Mr. KENNEDY. So you can say you My amendment is similar to one of- about this bill. want a voice vote and if you are not fered by our Democratic leader, Sen- Is it at all possible that we can voice satisfied, you can ask for the yeas and ator REID, in July. Some of our col- vote this amendment? I urge my col- nays. Can you get a standing division if leagues reacted to Senator REID’s league to do so. you are not satisfied? You can still get amendment by expressing their con- Mr. LAUTENBERG. I want to be co- the yeas and nays, am I not correct? cern that it was an open-ended stand- operative, but I do want to make sure Mr. WARNER. The Senator is cor- ard. In deference to these concerns, I it is clearly understood that we are all have added the ‘‘knowing’’ standard; in rect. Can we have a standing division? supporting—or those who are sup- Mr. LAUTENBERG. If that is the sit- other words, if someone reveals infor- porting this amendment. I would like mation knowingly. I am pleased to see uation, I am going to cooperate. it clearly on the record. Perhaps a 10- Mr. WARNER. Will the Presiding Of- my colleagues find this version accept- minute vote? ficer arrange for a division vote? able. Mr. WARNER. Suppose we had a May we have order in the Chamber. Senator WARNER and I served in voice vote and you determined from The PRESIDING OFFICER. A divi- World War II. We had an expression the resounding ayes if it meets your sion is requested. then. It said: ‘‘Loose lips sink ships.’’ specifications? All those in favor of the amendment, Everybody was participating in pro- Mr. LAUTENBERG. If I were sitting stand and remain standing until count- tecting ourselves from revealing infor- in that chair, I would probably say yes, ed. The ayes will be seated and the mation to the enemy. Exposing our se- but I am not sitting in that chair. nays will rise. crets was a grave offense then and it is I ask that we have a rollcall vote. On a division, the amendment (No. a grave offense now. Mr. STEVENS. I will be glad to have 2478), as modified, was agreed to. No one is above this law and no one you occupy the Chair right now, as Mr. REID. Mr. President, I move to has a right to keep their security clear- President pro tempore. reconsider the vote. ance if they knowingly reveal our se- Mr. LAUTENBERG. If we continue to Mr. WARNER. I move to lay that mo- crets. Anybody in Government, wheth- talk about it, we will have lost the option on the table. er the White House or the Congress or portunity to move the bill along. This The motion to lay on the table was a Government employee, should have was the understanding that we had, for agreed to. to live by the same standards as other a rollcall vote. Forgive me, my col- AMENDMENT NO. 2516 hard-working Federal employees. The leagues, but like everybody else I want The PRESIDING OFFICER. The next Los Angeles Times recently reported to have a rollcall vote. amendment to be considered is the that an intelligence analyst lost his Mr. STEVENS. Will the Senator take Graham amendment. clearance because he faxed his resume a division vote? A standing vote? A di- Mr. GRAHAM. Mr. President, I call using a commercial machine. A De- vision of the Senate, a standing vote? up my amendment which is at the fense Department employee had her All those in favor stand? desk. clearance suspended because a jilted Mr. LAUTENBERG. No. The PRESIDING OFFICER. The boyfriend called her office and said she Mr. WARNER. Mr. President, I say to clerk will report. was unreliable. An Army officer had my good friend, we have worked with The legislative clerk read as follows: his clearance revoked over $67 in per- you in a most cooperative way. The Senator from South Carolina [Mr. sonal calls charged to a military cell I would like to have the attention of GRAHAM], for himself, Mr. KYL, and Mr. phone. There should not be a double my good friend. We have worked with CHAMBLISS proposes an amendment num- standard for anybody. you in a most cooperative way. What I bered 2516.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12667 Mr. GRAHAM. Mr. President, I ask (C) SCOPE OF REVIEW.—The jurisdiction of detainee complaining about basic secu- unanimous consent that reading of the the United States Court of Appeals for the rity procedures: Speed of mail delivery, amendment be dispensed with. District of Columbia Circuit on any claims medical treatment, seek an order to be The PRESIDING OFFICER. Without with respect to an alien under this paragraph transferred to the least onerous condi- shall be limited to the consideration of objection, it is so ordered. tion at Gitmo, and asking the court to The amendment is as follows: whether the status determination of the Combatant Status Review Tribunal with re- order Gitmo to allow him to keep any (Purpose: Relating to the review of the sta- gard to such alien was consistent with the books and reading material sent to tus of detainees of the United States Gov- procedures and standards specified by the him, and report to the court on his op- ernment) Secretary of Defense for Combatant Status portunities for exercise, communica- Strike all after the word SEC. Review Tribunals. tion, recreation, and worship. ll. REVIEW OF STATUS OF DETAINEES. (D) TERMINATION ON RELEASE FROM CUS- (a) SUBMITTAL OF PROCEDURES FOR STATUS TODY.—The jurisdiction of the United States The Nazis couldn’t go to a Federal REVIEW OF DETAINEES AT GUANTANAMO BAY, Court of Appeals for the District of Columbia court when we had them in our charge CUBA.—Not later than 180 days after the date Circuit with respect to the claims of an alien as prisoners of war. Never in the his- of the enactment of this Act, the Secretary under this paragraph shall cease upon the re- tory of armed conflict has this been al- of Defense shall submit to the congressional lease of such alien from the custody of the lowed. defense committees, and to the Committees Department of Defense. Let us stand up for our troops in a on the Judiciary of the Senate and the House (3) EFFECTIVE DATE.—The amendment of Representatives, a report setting forth the made by paragraph (1) shall apply to any ap- reasonable way, protect them from procedures of the Combatant Status Review plication or other action that is pending on abuses, and protect them from the Tribunals and the noticed Administrative or after the date of the enactment of this court suits filed by the people they are Review Boards in operation at Guantanamo Act. Paragraph (2) shall apply with respect fighting. Bay, Cuba, for determining the status of the to any claim regarding a decision covered by The PRESIDING OFFICER. The detainees held at Guantanamo Bay. that paragraph that is pending on or after (b) PROCEDURES.—The procedures sub- such date. question is on agreeing to the amend- mitted to Congress pursuant to subsection This section shall become effective 1 day ment. The yeas and nays have been or- (a) shall, with respect to proceedings begin- after enactment. dered. The clerk will call the roll. ning after the date of the submittal of such procedures under that subsection, ensure Mr. WARNER. Mr. President, I ask The legislative clerk called the roll. for the yeas and nays. that— Mr. MCCONNELL. The following Sen- The PRESIDING OFFICER. Is there a (1) in making a determination of status of ators were necessarily absent: the Sen- any detainee under such procedures, a Com- sufficient second? ator from Tennessee (Mr. ALEXANDER), batant Status Review Tribunal or Adminis- There is a sufficient second. trative Review Board may not consider The yeas and nays were ordered. the Senator from New Mexico (Mr. statements derived from persons that, as de- The PRESIDING OFFICER. The DOMENICI), the Senator from Wyoming termined by such Tribunal or Board, by the question is on agreeing to the amend- (Mr. ENZI), the Senator from Nebraska preponderance of the evidence, were obtained ment. (Mr. HAGEL), the Senator from Indiana with undue coercion; and Debate is equally divided on the (Mr. LUGAR), the Senator from Penn- (2) the Designated Civilian Official shall be amendment. Is there further debate? sylvania (Mr. SANTORUM), and the Sen- an officer of the United States Government Mr. BINGAMAN. Mr. President, let ator from Wyoming (Mr. THOMAS). whose appointment to office was made by me speak briefly in opposition to this the President, by and with the advice and Further, if present and voting, the consent of the Senate. amendment. Senator from Tennessee (Mr. ALEX- (c) REPORT ON MODIFICATION OF PROCE- This amendment contains a provision ANDER) would have voted ‘‘yea.’’ that I think is a very major mistake. It DURES.—The Secretary of Defense shall sub- Mr. DURBIN. I announce that the mit to the committees of Congress referred essentially denies all courts anywhere to in subsection (a) a report on any modifica- the right to consider any petition from Senator from New Jersey (Mr. CORZINE) tion of the procedures submitted under sub- any prisoner being held at Guantanamo and the Senator from Hawaii (Mr. section (a) not later than 30 days before the Bay. In my view, it is contrary to the INOUYE) are necessarily absent. date on which such modifications go into ef- way the court decisions have come The PRESIDING OFFICER. Are there fect. down already. It is an extraordinary any other Senators in the Chamber de- (d) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.— step for this Congress to be taking as siring to vote? (1) IN GENERAL.—Section 2241 of title 28, an amendment to the Defense bill. This The result was announced—yeas 49, United States Code, is amended by adding at is an issue that should be dealt with in nays 42, as follows: the end the following: the Judiciary Committee. Senator [Rollcall Vote No. 319 Leg.] ‘‘(e) No court, justice, or judge shall have SPECTER has spoken against the jurisdiction to hear or consider an applica- amendment. Senator LEVIN has spoken YEAS—49 tion for a writ of habeas corpus filed by or on against the amendment. Senator behalf of an alien outside the United States Allard DeMint McCain Allen DeWine McConnell (as that term is defined in section 101(a)(38) LEAHY has spoken against the amend- Bennett Dole Murkowski of the Immigration and Naturalization Act (8 ment. It is something that requires hearings. It is a very important issue, Bond Ensign Nelson (NE) U.S.C. 1101(a)(38)) who is detained by the De- Brownback Frist Roberts partment of Defense at Guantanamo Bay, and we should not be dealing with it Bunning Graham Sessions Cuba.’’. here on a late evening on Thursday as Burns Grassley Shelby (2) CERTAIN DECISIONS.— part of this authorization bill. Burr Gregg Snowe Chambliss Hatch (A) IN GENERAL.—Subject to subparagraphs Stevens The PRESIDING OFFICER. The Sen- Coburn Hutchison Talent (B), (C), and (D), the United States Court of ator’s time has expired. Cochran Inhofe Thune Appeals for the District of Columbia Circuit The Senator from South Carolina. Coleman Isakson shall have exclusive jurisdiction to deter- Collins Kyl Vitter Mr. GRAHAM. Mr. President, we Voinovich mine the validity of any decision of a Des- need to standardize our interrogation Conrad Landrieu ignated Civilian Official described in sub- Cornyn Lieberman Warner techniques because we have lost our Wyden section (b)(2) that an alien is properly de- Craig Lott tained as an enemy combatant. way. We need to make a statement we Crapo Martinez are not going to treat people poorly (B) LIMITATION ON CLAIMS.—The jurisdic- NAYS—42 tion of the United States Court of Appeals during our charge. For 200 years in the for the District of Columbia Circuit under law of armed conflict, no nation has Akaka Dodd Leahy Baucus Dorgan Levin this paragraph shall be limited to claims given an enemy combatant, a terrorist, Bayh Durbin Lincoln brought by or on behalf of an alien— al-Qaida member the ability to go into Biden Feingold Mikulski (i) who is, at the time a request for review every Federal court in the United Bingaman Feinstein Murray by such court is filed, detained by the De- States and sue the people who are Boxer Harkin Nelson (FL) partment of Defense at Guantanamo Bay, Byrd Jeffords Obama Cuba; and fighting the war for us. There are 160 Cantwell Johnson Pryor (ii) for whom a Combatant Status Review habeas corpus petitions being filed Carper Kennedy Reed against Guantanamo Bay detention. Chafee Kerry Reid Tribunal has been conducted, pursuant to ap- Clinton Kohl Rockefeller plicable procedures specified by the Sec- Let me read what one of them is say- Dayton Lautenberg Salazar retary of Defense. ing, a motion by a high-level al-Qaida

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12668 CONGRESSIONAL RECORD — SENATE November 10, 2005 Sarbanes Smith Stabenow Mr. MCCONNELL. I yield back our The PRESIDING OFFICER. Without Schumer Specter Sununu time. objection, it is so ordered. NOT VOTING—9 The PRESIDING OFFICER (Mr. Mr. FRIST. Mr. President, I ask Alexander Enzi Lugar CHAFEE). All time having been yielded unanimous consent that the only re- Corzine Hagel Santorum back, the question is on agreeing to the maining first-degree amendments to Domenici Inouye Thomas conference report. The yeas and nays the Defense bill, other than any further The amendment (No. 2516) was agreed have been ordered. managers’ amendments that are to. The clerk will call the roll. cleared, be an amendment offered by Mr. WARNER. I move to reconsider The assistant legislative clerk called the majority leader or his designee on the vote. the roll. Iraq, and an amendment offered by the Mr. CRAIG. I move to lay that mo- Mr. MCCONNELL. The following Sen- Democratic leader or his designee on tion on the table. ators were necessarily absent: the Sen- Iraq, and that they be laid down this The motion to lay on the table was ator from Tennessee (Mr. ALEXANDER), evening with no second degrees in agreed to. the Senator from New Mexico (Mr. order. I further ask unanimous consent Mr. BINGAMAN. Mr. President, I do DOMENICI), the Senator from Wyoming that there be 3 second degrees in order not intend to call for a vote on my (Mr. ENZI), the Senator from Nebraska to the Graham amendment, two offered amendment at this time. We can pro- (Mr. HAGEL), the Senator from Indiana by Senator LEVIN or his designee, and ceed to the next item on the unani- (Mr. LUGAR), the Senator from Penn- one offered by Senator GRAHAM. I fur- mous consent request. sylvania (Mr. SANTORUM), and the Sen- ther ask consent that all amendments Mr. WARNER. For clarification, does ator from Wyoming (Mr. THOMAS). be offered and debated on Monday, the Senator formally withdraw his Further, if present and voting, the under the previous limitations, and amendment? Senator from Tennessee (Mr. ALEX- that on Tuesday, at a time determined Mr. BINGAMAN. That is correct. I ANDER) would have voted ‘‘yea.’’ by the majority leader, after consulta- will not offer the amendment at this Mr. DURBIN. I announce that the tion with the Democratic leader, the time so we can proceed to the remain- Senator from New Jersey (Mr. CORZINE) Senate proceed to a vote in relation to der of the votes that are scheduled. and the Senator from Hawaii (Mr. the majority amendment on Iraq, to be Mr. KENNEDY. Parliamentary in- INOUYE) are necessarily absent. followed by a vote in relation to the quiry: The Senator is not withdrawing The PRESIDING OFFICER. Are there Democratic amendment, to be followed his amendment permanently. Are you any other Senators in the Chamber de- by votes in relation to the second de- withdrawing your amendment perma- siring to vote? gree amendments in order offered, to nently? The result was announced—yeas 91, Mr. BINGAMAN. Mr. President, as I nays 0, as follows: be followed by a vote on the underlying Graham amendment, as amended; and understand the unanimous consent [Rollcall Vote No. 320 Leg.] that following these votes the bill be agreement we have entered into, it is YEAS—91 still possible to file second-degree read a third time and the Senate pro- Akaka Dodd McConnell ceed to a vote on passage of the bill, amendments and to propose second-de- Allard Dole Mikulski gree amendments to the Graham Allen Dorgan Murkowski with no intervening action or debate; amendment even after we take the se- Baucus Durbin Murray finally, that there be 30 minutes equal- Bayh Ensign Nelson (FL) ly divided between the two managers ries of votes that are scheduled to- Bennett Feingold Nelson (NE) night. And it is not my intent to go to Biden Feinstein prior to the start of the votes. Obama The PRESIDING OFFICER. Is there a vote on my amendment at this time Bingaman Frist Pryor Bond Graham Reed objection? so we can proceed to the remainder of Boxer Grassley Reid Mr. LEVIN. Reserving the right to the votes. Brownback Gregg Bunning Harkin Roberts object, and I surely will not, is it my Mr. KENNEDY. I thank the Senator. Rockefeller Mr. WARNER. Regular order. Has the Burns Hatch understanding that we had agreed that Burr Hutchison Salazar there would be some brief time period Chair ruled on his request to withdraw Sarbanes Byrd Inhofe on Tuesday, prior to the votes on the the amendment? Cantwell Isakson Schumer The PRESIDING OFFICER. The Carper Jeffords Sessions Iraq amendments, I believe it was like amendment was never offered. Chafee Johnson Shelby 20 minutes? Chambliss Kennedy Smith Mr. WARNER. I thank the Chair for Mr. FRIST. Mr. President, just for Clinton Kerry Snowe the information of our colleagues, the clarification. Coburn Kohl Specter there will be 30 minutes equally di- f Cochran Kyl Stabenow Coleman Landrieu Stevens vided between the two managers prior FOREIGN OPERATIONS, EXPORT Collins Lautenberg Sununu to the start of the votes. FINANCING, AND RELATED PRO- Conrad Leahy Talent Mr. LEVIN. With that clarification, I Cornyn Levin Thune GRAMS APPROPRIATIONS ACT, Craig am very content. Lieberman Vitter Crapo Lincoln 2006—CONFERENCE REPORT—Con- Voinovich The PRESIDING OFFICER. Without Dayton Lott tinued Warner objection, it is so ordered. DeMint Martinez Wyden The Senator from Virginia. The PRESIDING OFFICER. We now DeWine McCain Mr. WARNER. I thank the distin- move to the conference report to ac- NOT VOTING—9 company the foreign operations bill, guished majority leader and the Demo- Alexander Enzi Lugar cratic leader and all others who made H.R. 3057. Corzine Hagel Santorum Is there further debate? If not, the Domenici Inouye Thomas possible that we will now have a De- question is on agreeing to the con- fense authorization bill, a strong bill, a The conference report was agreed to. good bill. The UC just propounded by ference report. Mr. WARNER. Mr. President, I move the distinguished majority leader re- Mr. WARNER. I understand the lead- to reconsider the vote. ership requests the yeas and nays. Mr. LEVIN. I move to lay that mo- quires that the Iraq amendments be The PRESIDING OFFICER. Is there a tion on the table. laid down tonight. sufficient second? The motion to lay on the table was AMENDMENT NO. 2518 There is a sufficient second. agreed to. On behalf of the distinguished major- The yeas and nays were ordered. Mr. WARNER. Mr. President, I sug- ity leader and myself, I now send to the Mr. LEAHY. Parliamentary inquiry: gest the absence of a quorum. desk the Iraq amendment as required What is the order for debate entered The PRESIDING OFFICER. The by the UC. My understanding is the into on this conference report? clerk will call the roll. amendment by the distinguished Sen- The PRESIDING OFFICER. Two The legislative clerk proceeded to ator from Michigan on Iraq is at the minutes of debate equally divided. call the roll. desk; is that correct? Mr. LEAHY. Mr. President, I see the Mr. FRIST. Mr. President, I ask Mr. LEVIN. I was going to send that senior Senator from Kentucky. I praise unanimous consent that the order for up immediately after the Senator sends him and his staff. the quorum call be rescinded. up his amendment.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12669 The PRESIDING OFFICER. The (2) Whether the Iraqis have made the com- ereignty, with Iraqi security forces taking clerk will report. promises necessary to achieve the broad- the lead for the security of a free and sov- The legislative clerk read as follows: based and sustainable political settlement ereign Iraq, thereby creating the conditions that is essential for defeating the insurgency for the phased redeployment of United The Senator from Virginia [Mr. WARNER], in Iraq. States forces from Iraq; for himself, and Mr. FRIST proposes an amendment numbered 2518. (3) Any specific conditions included in the (4) United States military forces should April 2005 Multi-National Forces-Iraq cam- not stay in Iraq indefinitely and the people The amendment is as follows: paign action plan (referred to in United of Iraq should be so advised; (Purpose: To clarify and recommend changes States Government Accountability Office (5) the Administration should tell the lead- to the policy of the United States on Iraq October 2005 report on Rebuilding Iraq: DOD ers of all groups and political parties in Iraq and to require reports on certain matters Reports Should Link Economic, Governance, that they need to make the compromises relating to Iraq) and Security Indicators to Conditions for necessary to achieve the broad-based and At the end of title XII, add the following: Stabilizing Iraq), and any subsequent up- sustainable political settlement that is es- SEC. ll. UNITED STATES POLICY ON IRAQ. dates to that campaign plan, that must be sential for defeating the insurgency in Iraq, (a) SHORT TITLE.—This section may be met in order to provide for the transition of within the schedule they set for themselves; cited as the ‘‘United States Policy on Iraq security responsibility to Iraqi security and Act’’. forces. (6) the Administration needs to explain to (b) SENSE OF SENATE.—It is the sense of the (4) To the extent that these conditions are Congress and the American people its strat- Senate that, in order to succeed in Iraq— not covered under paragraph (3), the fol- egy for the successful completion of the mis- (1) members of the United States Armed lowing should also be addressed: sion in Iraq. Forces who are serving or have served in Iraq (A) The number of battalions of the Iraqi (c) REPORTS TO CONGRESS ON UNITED and their families deserve the utmost re- Armed Forces that must be able to operate STATES POLICY AND MILITARY OPERATIONS IN spect and the heartfelt gratitude of the independently or to take the lead in counter- IRAQ.—Not later than 30 days after the date American people for their unwavering devo- insurgency operations and the defense of of the enactment of this Act, and every three tion to duty, service to the Nation, and self- Iraq’s territory. months thereafter until all United States less sacrifice under the most difficult cir- (B) The number of Iraqi special police units combat brigades have redeployed from Iraq, cumstances; that must be able to operate independently the President shall submit to Congress an (2) it is important to recognize that the or to take the lead in maintaining law and unclassified report on United States policy Iraqi people have made enormous sacrifices order and fighting the insurgency. and military operations in Iraq. Each report and that the overwhelming majority of (C) The number of regular police that must shall include the following: Iraqis want to live in peace and security; be trained and equipped to maintain law and (1) The current military mission and the (3) calendar year 2006 should be a period of order. diplomatic, political, economic, and military significant transition to full Iraqi sov- (D) The ability of Iraq’s Federal ministries measures, if any, that are being or have been ereignty, with Iraqi security forces taking and provincial and local governments to undertaken to successfully complete or sup- the lead for the security of a free and sov- independently sustain, direct, and coordinate port that mission, including: ereign Iraq, thereby creating the conditions Iraq’s security forces. (A) Efforts to convince Iraq’s main commu- for the phased redeployment of United (5) The criteria to be used to evaluate nities to make the compromises necessary States forces from Iraq; progress toward meeting such conditions. for a broad-based and sustainable political (4) United States military forces should (6) A schedule for meeting such conditions, settlement. not stay in Iraq any longer than required and an assessment of the extent to which such (B) Engaging the international community the people of Iraq should be so advised; conditions have been met, information re- and the region in the effort to stabilize Iraq (5) the Administration should tell the lead- garding variables that could alter that and to forge a broad-based and sustainable ers of all groups and political parties in Iraq schedule, and the reasons for any subsequent political settlement. that they need to make the compromises changes to that schedule. (C) Strengthening the capacity of Iraq’s necessary to achieve the broad-based and government ministries. The PRESIDING OFFICER. The Sen- (D) Accelerating the delivery of basic serv- sustainable political settlement that is es- ator from Michigan. sential for defeating the insurgency in Iraq, ices. within the schedule they set for themselves; AMENDMENT NO. 2519 (E) Securing the delivery of pledged eco- and Mr. LEVIN. Mr. President, I send an nomic assistance from the international (6) the Administration needs to explain to amendment to the desk on behalf of community and additional pledges of assist- Congress and the American people its strat- myself, Senator BIDEN, Senator HARRY ance. egy for the successful completion of the mis- REID, and others. (F) Training Iraqi security forces and sion in Iraq. The PRESIDING OFFICER. The transferring security responsibilities to (c) REPORTS TO CONGRESS ON UNITED clerk will report. those forces and the government of Iraq. STATES POLICY AND MILITARY OPERATIONS IN The legislative clerk read as follows: (2) Whether the Iraqis have made the com- IRAQ.—Not later than 90 days after the date promises necessary to achieve the broad- The Senator from Michigan [Mr. LEVIN], of the enactment of this Act, and every three based and sustainable political settlement for himself, Mr. BIDEN, Mr. REID, Mr. DODD, months thereafter until all United States that is essential for defeating the insurgency Mr. KERRY, Mr. FEINGOLD, Mr. DURBIN, Mr. combat brigades have redeployed from Iraq, in Iraq. REED, Mr. KENNEDY, Mrs. FEINSTEIN, Mr. the President shall submit to Congress an (3) Any specific conditions included in the OBAMA and Mrs. BOXER proposes an amend- unclassified report on United States policy April 2005 Multi-National Forces-Iraq cam- ment numbered 2519. and military operations in Iraq. Each report paign action plan (referred to in United shall include to the extent practicable the The amendment is as follows: States Government Accountability Office following unclassified information: (Purpose: To clarify and recommend changes October 2005 report on Rebuilding Iraq: DOD (1) The current military mission and the to the policy of the United States on Iraq Reports Should Link Economic, Governance, diplomatic, political, economic, and military and to require reports on certain matters and Security Indicators to Conditions for measures, if any, that are being or have been relating to Iraq) Stabilizing Iraq), and any subsequent up- undertaken to successfully complete or sup- At the end of title XII, add the following: dates to that campaign plan, that must be port that mission, including: SEC. ll. UNITED STATES POLICY ON IRAQ. met in order to provide for the transition of (A) Efforts to convince Iraq’s main commu- (a) SHORT TITLE.—This section may be security responsibility to Iraqi security nities to make the compromises necessary cited as the ‘‘United States Policy on Iraq forces. for a broad-based and sustainable political Act’’. (4) To the extent that these conditions are settlement. (b) SENSE OF SENATE.—It is the sense of the not covered under paragraph (3), the fol- (B) Engaging the international community Senate that, in order to succeed in Iraq— lowing should also be addressed: and the region in the effort to stabilize Iraq (1) members of the United States Armed (A) The number of battalions of the Iraqi and to forge a broad-based and sustainable Forces who are serving or have served in Iraq Armed Forces that must be able to operate political settlement. and their families deserve the utmost re- independently or to take the lead in counter- (C) Strengthening the capacity of Iraq’s spect and the heartfelt gratitude of the insurgency operations and the defense of government ministries. American people for their unwavering devo- Iraq’s territory. (D) Accelerating the delivery of basic serv- tion to duty, service to the Nation, and self- (B) The number of Iraqi special police units ices. less sacrifice under the most difficult cir- that must be able to operate independently (E) Securing the delivery of pledged eco- cumstances; or to take the lead in maintaining law and nomic assistance from the international (2) it is important to recognize that the order and fighting the insurgency. community and additional pledges of assist- Iraqi people have made enormous sacrifices (C) The number of regular police that must ance. and that the overwhelming majority of be trained and equipped to maintain law and (F) Training Iraqi security forces and Iraqis want to live in peace and security; order. transferring security responsibilities to (3) calendar year 2006 should be a period of (D) The ability of Iraq’s Federal ministries those forces and the government of Iraq. significant transition to full Iraqi sov- and provincial and local governments to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12670 CONGRESSIONAL RECORD — SENATE November 10, 2005 independently sustain, direct, and coordinate give more specifics—my understanding would be very helpful for us to be so in- Iraq’s security forces. is there will be a vote at 5:30, preceded formed as early as possible on Monday. (5) The criteria to be used to evaluate by 1 hour of debate on that vote, which I want to reiterate there are two progress toward meeting such conditions. is on one of the appropriations bills. groups of amendments we are talking (6) A schedule for meeting such conditions, an assessment of the extent to which such That is my understanding. Can the about here that will need to be debated conditions have been met, information re- Presiding Officer advise me as to what Monday. One is the Iraqi amendment. garding variables that could alter that the vote is that is scheduled on Mon- The other one is the second-degree schedule, and the reasons for any subsequent day at 5:30? amendments to the Graham amend- changes to that schedule. I am advised it is the Energy and ment. We are going to have to fit all (7) A campaign plan with estimated dates Water Conference Report. Am I reason- that in on Monday afternoon, and pos- for the phased redeployment of the United ably correct in preliminarily informing sibly, as the Senator from Virginia States Armed Forces from Iraq as each con- the Senate that vote will take place at mentions, after the vote on Monday. So dition is met, with the understanding that unexpected contingencies may arise. about 5:30, and the 1 hour prior to it it is important that our colleagues let will be reserved for debate on that? I us, our offices and our cloakrooms, Mr. WARNER. Mr. President, by way interpret that to mean that from the know on Monday morning if they want of preliminary debate on the Iraq time the Senate comes in on Monday time on either or both of those sub- amendment, I would simply advise my up until 4:30, that would be available jects. We will try to work the best we distinguished colleague from Michigan for the important debate on the respec- can and protect everybody’s oppor- and other Senators that we were given, tive Iraqi amendments. tunity to speak. in a timely manner, the amendment Mr. LEVIN. If the Senator will yield, The PRESIDING OFFICER. The Sen- that has just been sent to the desk by also I believe the debate on the second- ator from Virginia. the Senator from Michigan, known as degree amendments to the Graham Mr. WARNER. Mr. President, may I the leadership Iraq amendment. Sen- amendment would occur on Monday pause momentarily. ator FRIST, I, and others have simply since the only time on Tuesday prior to Mr. President, I think our respective taken that amendment and amended it votes on the amendments would be 30 staffs can incorporate in the wrap-up in several ways, and that then becomes minutes equally divided and that would document such that the Senator from the Warner-Frist amendment. be needed, perhaps, for both second de- Michigan and I will share equally the So I just inform colleagues, basi- grees to Graham and the Iraqi amend- time before 4:30, after leadership, and cally, we are dealing with the basic ments, all wrapped into that 30 min- in that way be able to work more effec- amendment as provided by the Senator utes. tively with our colleagues. from Michigan, the distinguished Sen- There may be and I think there prob- Mr. LEVIN. That is fine. ator from Nevada, and others. We have ably would be debate on Monday on the Mr. WARNER. Mr. President, I again modified our leadership amendment in second-degree amendments, referred to thank all Senators. I thank our staff. I a manner which we think is consistent in this unanimous consent agreement, thank the professional staff of the Sen- with the strong needs of our country to to the Graham amendment. ate, who in many ways have made pos- achieve the objectives that we have in Mr. WARNER. I wonder if the distin- sible the completion of this bill. We are Iraq. guished Senator from Michigan and I owing a debt of gratitude to many to Having said that, I think we have can visit here for 1 minute. get where we are. pretty well concluded business for the The PRESIDING OFFICER (Mr. Mr. LEVIN. We are almost there. We day on this bill. ALLEN). The Senator from Virginia. are going to be there on Monday. We Mr. LEVIN. If the Senator will yield, Mr. WARNER. The Senator from thought we would be there tonight, but Mr. President, I agree with the descrip- Michigan and I desire to accommodate we will on Monday. tion which my dear friend from Vir- colleagues. Again, the hour from 4:30 to Mr. WARNER. In a way we are. We ginia has provided, that I did provide 5:30 is on the appropriations bill. The have charted the course. him with our amendment. Even though time from whenever the Senate con- Mr. LEVIN. Fixed stars. our amendment has a later number, it venes on Monday up until 4:30 is sub- AMENDMENT NO. 2485, AS MODIFIED was the amendment which was first ject to debate on the Iraqi amend- Mr. WARNER. Mr. President, I say to provided. The Senator from Virginia, ments; indeed, if Senators want to my colleague, we have some cleared after consultation with his leader and comment on the bill and such amend- amendments we can do. others, has made some modifications in ments as may be filed in connection Mr. President, I ask unanimous con- our amendment and that amendment, with the Graham issues. sent the previously agreed-to amend- under the unanimous consent agree- I think we would urge our colleagues ment 2485 be modified with a technical ment which will be voted on first, is to try to contact our respective offices correction. I send that modification to the amendment basically that we as to their needs for time to vote on the desk. I understand it has been drafted over here with the modifica- these matters so the Senator from cleared on both sides. tions made by the Senator from Vir- Michigan and I can try to accommo- The PRESIDING OFFICER. Without ginia and others. So that is the chro- date them. But I also wish to remind objection, it is so ordered. nology, that is the history, and that is colleagues that presumably the vote on The amendment (No. 2485), as modi- the order we will be voting on and will the appropriations bill starts at 5:30, fied, is as follows: be debating these on Monday under the and by all measures should be com- On page 286, between lines 7 and 8, insert unanimous consent agreement. pleted sometime after 6. Then, subject the following: There are some differences. I would to leadership, I would think there SEC. 1073. ESTABLISHMENT OF NATIONAL FOR- not describe them as major differences would be time that evening, Monday EIGN LANGUAGE COORDINATION but, nonetheless, there are some dif- evening, to continue votes for those COUNCIL. ferences that now exist between the Senators whose travel plans otherwise (a) ESTABLISHMENT.—There is established two versions, and we can debate which the National Foreign Language Coordination do not enable them to get here before Council (in this section referred to as the is the preferable version. But in any 4:30. So the same framework for debate ‘‘Council’’), which shall be an independent event, under either version, it strikes that can take place prior to 4:30 can establishment as defined under section 104 of me that there is clearly a call here for take place after 6:30. title 5, United States Code. some changes in course in policy in The PRESIDING OFFICER. The Sen- (b) MEMBERSHIP.—The Council shall consist Iraq. But that again is something we ator from Michigan. of the following members or their designees: can debate further on Monday. Mr. LEVIN. Mr. President, if the Sen- (1) The National Language Director, who Mr. WARNER. Mr. President, I thank ator will yield, I agree with his com- shall serve as the chairperson of the Council. my colleague. I do believe it is very ments and I reinforce the importance (2) The Secretary of Education. (3) The Secretary of Defense. wise for the Senate to have this debate. of our colleagues notifying our offices (4) The Secretary of State. We are prepared for that debate. and our cloakrooms if they desire to (5) The Secretary of Homeland Security. I would simply advise colleagues— have time to speak on Monday after- (6) The Attorney General. and the leadership later will in wrap-up noon so we can schedule that time. It (7) The Director of National Intelligence.

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(8) The Secretary of Labor. (ii) corresponding assessments for the ele- (6) COMPENSATION.—The rate of pay for any (9) The Director of the Office of Personnel mentary, secondary, and postsecondary edu- employee of the Council (including the Di- Management. cation levels, including the National Assess- rector) may not exceed the rate payable for (10) The Director of the Office of Manage- ment of Educational Progress in foreign lan- level V of the Executive Schedule under sec- ment and Budget. guages; tion 5316 of title 5, United States Code. (11) The Secretary of Commerce. (I) recommendations for development of— (g) POWERS.— (12) The Secretary of Health and Human (i) language skill-level certification stand- (1) DELEGATION.—Any member or employee Services. ards; of the Council may, if authorized by the (13) The Secretary of the Treasury. (ii) frameworks for pre-service and profes- Council, take any action that the Council is (14) The Secretary of Housing and Urban sional development study for those who authorized to take in this section. Development. teach foreign language; (2) INFORMATION.— (15) The Secretary of Agriculture. (iii) suggested graduation criteria for for- (A) COUNCIL AUTHORITY TO SECURE.—The (16) The Chairman and President of the Ex- eign language studies and appropriate non- Council may secure directly from any Fed- port-Import Bank of the United States. language studies, such as— eral agency such information, consistent (17) The heads of such other Federal agen- (I) international business; with Federal privacy laws, including The cies as the Council considers appropriate. (II) national security; Family Educational Rights and Privacy Act (c) RESPONSIBILITIES.— (III) public administration; (20 U.S.C. 1232g) and Department of Edu- (1) IN GENERAL.—The Council shall be (IV) health care; cation’s General Education Provisions Act charged with— (V) engineering; (20 U.S.C. 1232(h)), the Council considers nec- (A) developing a national foreign language (VI) law; essary to carry out its responsibilities. strategy, within 18 months of the date of en- (VII) journalism; and (B) REQUIREMENT TO FURNISH REQUESTED IN- actment of this section, in consultation (VIII) sciences; FORMATION.—Upon request of the Director, with— (J) identification of and means for repli- the head of such agency shall furnish such (i) State and local government agencies; cating best practices at all levels and in all information to the Council. (ii) academic sector institutions; sectors, including best practices from the (3) DONATIONS.—The Council may accept, (iii) foreign language related interest international community; and use, and dispose of gifts or donations of serv- groups; (K) recommendations for overcoming bar- ices or property. (iv) business associations; riers in foreign language proficiency. (4) MAIL.—The Council may use the United (v) industry; (d) SUBMISSION OF STRATEGY TO PRESIDENT States mail in the same manner and under (vi) heritage associations; and AND CONGRESS.—Not later than 18 months the same conditions as other Federal agen- (vii) other relevant stakeholders; after the date of enactment of this section, cies. (B) conducting a survey of the status of the Council shall prepare and transmit to (h) CONFERENCES, NEWSLETTER, AND Federal agency foreign language and area ex- the President and the relevant committees WEBSITE.—In carrying out this section, the pertise and agency needs for such expertise; of Congress the strategy required under sub- Council— and section (c). (1) may arrange Federal, regional, State, (C) monitoring the implementation of such (e) MEETINGS.—The Council may hold such and local conferences for the purpose of de- strategy through— meetings, and sit and act at such times and veloping and coordinating effective programs (i) application of current and recently en- places, as the Council considers appropriate, and activities to improve foreign language acted laws; and but shall meet in formal session at least 2 education; (ii) the promulgation and enforcement of times a year. State and local government (2) may publish a newsletter concerning rules and regulations. agencies and other organizations (such as Federal, State, and local programs that are (2) STRATEGY CONTENT.—The strategy de- academic sector institutions, foreign lan- effectively meeting the foreign language veloped under paragraph (1) shall include— guage-related interest groups, business asso- needs of the nation; and (A) identification of crucial priorities ciations, industry, and heritage community (3) shall create and maintain a website across all sectors; organizations) shall be invited, as appro- containing information on the Council and (B) identification and evaluation of Fed- priate, to public meetings of the Council at its activities, best practices on language eral foreign language programs and activi- least once a year. education, and other relevant information. ties, including— (f) STAFF.— (i) REPORTS.—Not later than 90 days after (i) any duplicative or overlapping pro- (1) IN GENERAL.—The Director may— the date of enactment of this section, and grams that may impede efficiency; (A) appoint, without regard to the provi- annually thereafter, the Council shall pre- (ii) recommendations on coordination; sions of title 5, United States Code, gov- pare and transmit to the President and the (iii) program enhancements; and erning the competitive service, such per- relevant committees of Congress a report (iv) allocation of resources so as to maxi- sonnel as the Director considers necessary; that describes— mize use of resources; and (1) the activities of the Council; (C) needed national policies and cor- (B) compensate such personnel without re- (2) the efforts of the Council to improve responding legislative and regulatory ac- gard to the provisions of chapter 51 and sub- foreign language education and training; and tions in support of, and allocation of des- chapter III of chapter 53 of that title. (3) impediments to the use of a National ignated resources to, promising programs (2) DETAIL OF GOVERNMENT EMPLOYEES.— Foreign Language program, including any and initiatives at all levels (Federal, State, Upon request of the Council, any Federal statutory and regulatory restrictions. and local), especially in the less commonly Government employee may be detailed to (j) ESTABLISHMENT OF A NATIONAL LAN- taught languages that are seen as critical for the Council without reimbursement, and GUAGE DIRECTOR.— national security and global competitiveness such detail shall be without interruption or (1) IN GENERAL.—There is established a Na- during the next 20 to 50 years; loss of civil service status or privilege tional Language Director who shall be ap- (D) effective ways to increase public (3) EXPERTS AND CONSULTANTS.—With the pointed by the President. The National Lan- awareness of the need for foreign language approval of the Council, the Director may guage Director shall be a nationally recog- skills and career paths in all sectors that can procure temporary and intermittent services nized individual with credentials and abili- employ those skills, with the objective of in- under section 3109(b) of title 5, United States ties across the sectors to be involved with creasing support for foreign language study Code. creating and implementing long-term solu- among— (4) TRAVEL EXPENSES.—Council members tions to achieving national foreign language (i) Federal, State, and local leaders; and staff shall be allowed travel expenses, in- and cultural competency. (ii) students; cluding per diem in lieu of subsistence, at (2) RESPONSIBILITIES.—The National Lan- (iii) parents; rates authorized for employees of agencies guage Director shall— (iv) elementary, secondary, and postsec- under subchapter I of chapter 57 of title 5, (A) develop and monitor the implementa- ondary educational institutions; and United States Code, while away from their tion of a national foreign language strategy (v) employers; homes or regular places of business in the across all sectors; (E) recommendations for incentives for re- performance of services for the Council. (B) establish formal relationships among lated educational programs, including for- (5) SECURITY CLEARANCE.— the major stakeholders in meeting the needs eign language teacher training; (A) IN GENERAL.—Subject to subparagraph of the Nation for improved capabilities in (F) coordination of cross-sector efforts, in- (B), the appropriate Federal agencies or de- foreign languages and cultural under- cluding public-private partnerships; partments shall cooperate with the Council standing, including Federal, State, and local (G) coordination initiatives to develop a in expeditiously providing to the Council government agencies, academia, industry, strategic posture for language research and members and staff appropriate security labor, and heritage communities; and recommendations for funding for applied for- clearances to the extent possible pursuant to (C) coordinate and lead a public informa- eign language research into issues of na- existing procedures and requirements. tion campaign that raises awareness of pub- tional concern; (B) EXCEPTION.—No person shall be pro- lic and private sector careers requiring for- (H) recommendations for assistance for— vided with access to classified information eign language skills and cultural under- (i) the development of foreign language under this section without the appropriate standing, with the objective of increasing in- achievement standards; and required security clearance access. terest in and support for the study of foreign

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12672 CONGRESSIONAL RECORD — SENATE November 10, 2005 languages among national leaders, the busi- (4) Federal agencies who may need lan- Unfortunately, the term ‘‘separated’’ ness community, local officials, parents, and guage services; is not defined in the Veterans Pref- individuals. (5) compensation and other operating erence law and this lack of clarity has (k) ENCOURAGEMENT OF STATE INVOLVE- costs; had the practical effect of causing MENT.— (6) certification standards and procedures; (1) STATE CONTACT PERSONS.—The Council (7) security clearances; some veterans, who saw combat as mo- shall consult with each State to provide for (8) skill maintenance and training; and bilized members of the Guard or Re- the designation by each State of an indi- (9) the use of private contractors to supply serve, to be denied the veterans pref- vidual to serve as a State contact person for language specialists. erence they had earned. the purpose of receiving and disseminating (e) REPORTS.— That is exactly what happened to an information and communications received (1) EVALUATION REPORTS.— Army reservist from my own State of from the Council. (A) IN GENERAL.—Not later than 1 year Illinois. (2) STATE INTERAGENCY COUNCILS AND LEAD after the date of enactment of this Act, and AGENCIES.—Each State is encouraged to es- annually thereafter until the expiration of Earlier this year, I was contacted by tablish a State interagency council on for- the 3-year period beginning on such date of a young woman serving in the Army eign language coordination or designate a enactment, the Secretary shall submit to Reserve as a military police officer. lead agency for the State for the purpose of Congress an evaluation report on the pilot Her name is Kylene Conlon. Since 9/11, assuming primary responsibility for coordi- project conducted under this section. Kylene has been mobilized twice. The nating and interacting with the Council and (B) CONTENTS.—Each report required under first time she spent nearly a year in State and local government agencies as nec- subparagraph (A) shall contain information Guantanamo Bay, Cuba. The second essary. on the operation of the pilot project, the suc- time she spent a full year in Iraq. (l) AUTHORIZATION OF APPROPRIATIONS.— cess of the pilot project in carrying out the There are authorized to be appropriated such objectives of the establishment of a Civilian Upon her return she learned that the sums as necessary to carry out this section. Linguist Reserve Corps, and recommenda- United States Marshals Service was AMENDMENT NO. 1550, AS FURTHER MODIFIED tions for the continuation or expansion of hiring. When she requested an applica- Mr. WARNER. Mr. President, I ask the pilot project. tion, she was informed that the hiring the previously agreed-to amendment (2) FINAL REPORT.—Not later than 6 months program was open only to those eligi- after the completion of the pilot project, the ble for Veterans Preference. She pro- 1550 be modified and I send the modi- Secretary shall submit to Congress a final fication to the desk. vided copies of her two different De- report summarizing the lessons learned, best partment of Defense forms verifying The PRESIDING OFFICER. Without practices, and recommendations for full im- objection, it is so ordered. plementation of the Civilian Linguist Re- her overseas service over two major The amendment (No. 1550) as further serve Corps. mobilizations, yet she was told that modified, is as follows: (f) AUTHORIZATION OF APPROPRIATIONS.— that was not good enough for veterans At the appropriate place, insert the fol- There are authorized to be appropriated preference. She was told that she had lowing: $3,100,000 for fiscal year 2006 to carry out the to have a discharge. But Kylene did not pilot project under this section. SEC. ll. PILOT PROJECT FOR CIVILIAN LIN- have a discharge certificate, which she (g) OFFSET—The amounts authorized to be GUIST RESERVE CORPS. would receive after ending military appropriated by section 301(4) are hereby re- (a) ESTABLISHMENT.—The Secretary of De- service because she had not quit the fense (referred to in this section as the ‘‘Sec- duced by $3,100,000 from operation and maintenance, Air Force. Army Reserve. She had come home retary’’), through the National Security from Iraq and gone back to attending Mr. LEVIN. I understand this also is Education Program, shall conduct a 3-year weekend drills and annual training pe- pilot project to establish the Civilian Lin- technical? riods. She had two Department of De- guist Reserve Corps, which shall be com- Mr. WARNER. That is correct. It was fense forms 214 which stated that her posed of United States citizens with ad- cleared on both sides. Has the vote type of separation was a ‘‘release from vanced levels of proficiency in foreign lan- been taken? guages who would be available, upon request active duty.’’ To be given a discharge The PRESIDING OFFICER. Consent from the President, to perform any services certificate, Kylene would have to quit has been granted. or duties with respect to such foreign lan- the Army Reserve. Mr. DURBIN. Mr. President, noting guages in the Federal Government as the She was stunned. She could not be- President may require. that tomorrow is Veterans Day, I rise lieve that the Federal Government (b) IMPLEMENTATION.—In establishing the to discuss an amendment which will Civilian Linguist Reserve Corps, the Sec- make it clear that returning combat would require her to quit the Army Re- retary, after reviewing the findings and rec- veterans of the National Guard and Re- serve before being able to receive the ommendations contained in the report reserve will receive the same consider- veterans preference she had earned. So, quired under section 325 of the Intelligence ation as other combat veterans when she came to my office for help. Authorization Act for Fiscal Year 2003 (Pub- I sent a letter to the Marshals Serv- lic Law 107–306; 116 Stat. 2393), shall— applying for a Federal job. I am offering this bipartisan amend- ice in the Department of Justice to ask (1) identify several foreign languages that why Kylene Conlon was being denied are critical for the national security of the ment along with Senators VITTER, veterans preference. United States and the relative priority of CHAMBLISS, WYDEN, LANDRIEU, SCHU- each such language; MER, CLINTON and DAYTON. They wrote back. Here is what their (2) identify United States citizens with ad- Since the time of the Civil War, vet- letter said: vanced levels of proficiency in those foreign erans of the Armed Services have been The Office of Personnel Management languages who would be available to perform (OPM) administers the veterans preference the services and duties referred to in sub- given some degree of preference in the consideration process for employment program for the Federal Government in ac- section (a); cordance with statute and regulation. Unfor- (3) cooperate with other Federal agencies with the Federal Government. This tunately, service as a member of the Army with national security responsibilities to im- usually takes the form of an additional Reserve does not qualify for veterans pref- plement a procedure for calling for the per- 5 points added to the score received by erence. The OPM VetGuide states ‘‘to receive formance of the services and duties referred a veteran on the test they must take to preference, a veteran must have been sepa- to in subsection (a); and qualify for the job. If the veteran is dis- rated from active duty in the Armed Forces (4) implement a call for the performance of abled, he or she receives an additional with an honorable discharge.’’ Ms. Conlon such services and duties. 5 points for a total of 10 added points. has not been discharged from the Army. (c) CONTRACT AUTHORITY.—In establishing the Civilian Linguist Reserve Corps, the Sec- This program is known as ‘‘Veterans Every word of that letter was 100 per- retary may enter into contracts with appro- Preference.’’ cent true. OPM administers the propriate agencies or entities. The way the law reads now, veterans gram according to the law. OPM’s (d) FEASIBILITY STUDY.—During the course applying for a Federal job can receive guide requires a discharge. Reservists of the pilot project, the Secretary shall con- preferential consideration if they completing a mobilization and return- duct a study of the best practices in imple- served on active duty during a war in a ing to part-time status don’t receive menting the Civilian Linguist Reserve Corps, campaign or expedition for which a discharges. Therefore, reservists were including— (1) administrative structure; campaign badge has been authorized being deemed ineligible for Veterans (2) languages to be offered; and have been separated from the Preference. (3) number of language specialists needed Armed Forces under honorable condi- I knew right then that the law had to for each language; tions. be changed.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12673 My staff checked into this and found these opportunities, or even obtain in- man CRAIG, for offering this amend- that it was that vague word ‘‘sepa- formation about them. ment to correct current law, which per- rated’’ in the current Veterans Pref- Years of congressional hearings have mits capital offenders to be buried in a erence law that was the problem. shown that minorities historically national cemetery with full military Somebody could read that word and as- have been excluded from both public funeral honors. I am pleased to be an sume it means only ‘‘discharged’’ and and private construction contracts in original cosponsor of this amendment, so they had. general, and from Federal defense con- which would deny capital offenders a That was not Congress’s intent. Else- tracts in particular. Since its adoption, hero’s funeral. where in Federal law, rather than the the Defense Department program, I believe that the congressional in- term ‘‘separated,’’ one finds the phrase called the 1207 Program, has helped tent was crystal clear on this issue ‘‘discharged or released.’’ That’s a bet- level the playing field for minority when Congress passed two laws denying ter phrase. It covers both those who contractors. But there is still more to capital offenders eligibility for burial end full-time, active duty service com- do, as the additional information we in a national cemetery and certain fu- pletely with an honorable discharge as have received since the program was neral benefits in 1997 and 2002. How- well as reservists who are released last reauthorized makes clear. ever, a loophole remains and is vulner- after a tour of active duty and go back Ever since the program was first able to misapplication. It is unfortu- to reserve duty. Troops leaving the adopted in 1986, racial and ethnic dis- nate that it took the mistaken intern- military altogether are given a discrimination—both overt and subtle— ment of double murderer Russell charge. Reservists who are simply end- have continued to erect significant bar- Wayne Wagner in Arlington National ing a period of active duty and revert- riers to minority participation in Fed- Cemetery earlier this summer to shed ing to their previous part-time reserv- eral contracting. In some cases, overt light on this egregious loophole. ist status are given a release from ac- discrimination has prevented minority- I commend Chairman CRAIG’s imme- tive duty. owned businesses from obtaining need- diate response to this oversight by The measure which I introduce today ed loans and bonds. Prime contractors, quickly convening a hearing to study clarifies title 5 by replacing the vague unions, and suppliers of goods and ma- how big this loophole really is. Accord- term ‘‘separated’’ with the clearer and terials have preferred to do business ing to a study of the law conducted by more precise phrase ‘‘discharged or re- with White contractors rather than the Congressional Research Service, leased.’’ While this may seem a small with minority firms. CRS, because Wagner’s double life sen- change in wording, it will have an im- We have seen repeated reports of bid- tences carried the possibility of parole, portant effect. It will make it abso- shopping and of minority businesses he was technically eligible for burial in lutely clear that a member of the Na- being denied contracts despite submit- a national cemetery. Upon further tional Guard or Reserve who serves ting the lowest bid. study, it was determined that this The Department’s decision to award honorably in a war, campaign or expe- same parole loophole also would apply a growing number of defense contracts dition for which a campaign medal has to Dennis Rader, the serial killer who noncompetitively has had the unfortu- been authorized can receive full access terrorized Kansans for over three dec- nate effect of excluding minority- ades. to veterans preference in Federal hir- owned businesses from a significant In Kansas, we take honoring those ing. We want these honorable veterans number of contracting opportunities. who made the ultimate sacrifice very to receive this preference without any No-bid contracts also hurt White- seriously. Entire towns make their way pressure or incentive whatsoever to owned businesses, but they disadvan- in the funeral procession of the home- terminate their valuable service in the tage minority-owned firms in par- town hero to pay their respects and say reserve components of our Armed ticular. Forces. These problems affect a wide variety a quiet prayer as he or she is laid to This change in the law is merely a of areas in which the Department of- rest. This respect was recently dem- clarification to avoid future errors of fers contracts, and the problems are de- onstrated in South Haven, KS, as the interpretation as have occurred in the tailed in many recent disparity studies, community gathered en mass to honor past. It will have no effect on previous including: Sgt. Evan Parker, who died of wounds grants of veterans preference and it City of Dallas Availability and Disparity from a bomb attack during Operation will in no way limit or reduce future Study, Mason Tillman Associates, Ltd. Iraqi Freedom. Neighbors and fellow considerations for veterans preference (2002); City of Cincinnati Disparity Study, members of the community poured out eligibility. Griffin & Strong, P.C. (2002); Ohio Multi-Ju- their front doors to silently watch the The measure is endorsed by the Re- risdictional Disparity Studies, Mason Till- funeral procession and 150 members of serve Officers Association. I am very man Associates, Ltd. (2003); Procurement the American Legion convened to erect grateful to the managers of the Defense Disparity Study of the Commonwealth of a barrier to block protesters from in- authorization bill for agreeing to ac- Virginia, MGT of America, Inc. (2004); Ala- terrupting the mourners. This is what meda County Availability Study, Mason cept this measure as an amendment. It Tillman Associates (2004); City of New York small town America does to honor is important and timely legislation as Disparity Study, Mason Tillman Associates, those who gave all. we approach Veterans Day and honor Ltd. (2005). It is unconscionable that Dennis all those who serve our Nation in uni- We are also mindful that the data Rader, BTK for short, as he referred to form. contained in the Department of Com- himself, who brutally bound, tortured, Mr. KENNEDY. I support the exten- merce benchmark study supports the and killed 10 innocent victims would be sion of the Defense Department’s pro- need for efforts to improve contracting granted a hero’s funeral. A criminal gram ensuring that its Federal con- opportunities for minority-owned busi- who is facing 10 life sentences and no tracting process in no way supports or nesses. less than 175 years of prison could be subsidizes the discrimination that has The 1207 Program helps to correct honored among our Nation’s heros long been a problem in the contracting these problems of discrimination with- under the law as it stands today be- business. The extension of the program out imposing an undue burden on cause his sentence included the phrase through September 2009 is needed to White-owned businesses. Small busi- ‘‘with parole.’’ The idea that the brave help achieve that goal. nesses owned by White contractors are men and women of our Nation’s mili- The Senate Armed Services Com- eligible to receive the benefits of the tary forces like SGT Evan Parker mittee has learned a great deal about program if they are socially or eco- could be memorialized and laid to rest the effects of discrimination in denying nomically disadvantaged. in the same sacred ground as the BTK contracting opportunities for minority- All of us benefit when recipients of Killer is outrageous and simply wrong. owned businesses. The ugly reality is Federal opportunities reflect America’s If current law cannot prevent this that contracting has long been domi- diversity, and I am proud to support brutal murderer from internment in a nated by ‘‘old-boy’’ networks that the reauthorization of the 1207 Pro- national cemetery or with military fu- make it very difficult for African gram. neral honors, then the law needs to be Americans, Latinos, Asians, and Native Mr. ROBERTS. Mr. President, I fixed. This amendment closes the pa- Americans to participate fairly in thank my friend and colleague Chair- role loophole by tying eligibility for

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12674 CONGRESSIONAL RECORD — SENATE November 10, 2005 burial in a national cemetery and mili- States is a party, if the President de- Captures on Land and Water,’’ and also tary funeral honors to the underlying termines that such operations are vital ‘‘To make Rules for the Government action of the capital offender rather to the protection of the United States and Regulation of the land and naval than to the sentence, which can vary or its citizens from terrorist attack.’’ Forces.’’ from State to State. Why? The President has stated that It is clear that this administration I understand that Chairman WARNER it is not his policy to torture. We all has been inconsistent and mistake- and Ranking Member LEVIN are includ- know the catastrophic effects that prone in regulating the Armed Forces ing this amendment as a part of a even the appearance of impropriety in with respect to the treatment of de- broader manager’s amendment. I ap- this area has on the image of the tainees. preciate the inclusion of this impor- United States abroad. We know the ir- There is the case of Captain Ian tant legislation that ultimately pro- reparable harm that reports of abuse Fishback of the 82nd Airborne Division, tects the honor and memory of our Na- and secret detention centers do to our who attempted for 17 months to deter- tion’s heros and the hallowed ground in war effort. And, we know that torture mine what regulations were in force. which they rest. does not produce good and effective in- He determined that, years after Mrs. FEINSTEIN. Mr. President, I telligence. So why fuel that fire by en- President Bush had declared that all rise today to voice my concern over ap- acting a specific exemption to our prisoners, regardless of their Geneva parent discrepancies between the ad- long-standing policy of humane treat- status, were to be treated ‘‘humanely,’’ ministration’s rhetoric with respect to ment? the definition of what constituted hu- our treatment of detainees, and the Earlier this month, the Washington mane treatment was still being left to clear reality of the situation. Post reported that the CIA has been individual commanders. We all agree, I hope, that individuals ‘‘hiding and interrogating’’ its most He reports: in the custody of the United States valuable prisoners at so-called ‘‘black We’ve got people with different views of must be treated humanely. We cer- sites’’ at several locations in Eastern what ‘‘humane’’ means and there’s no Army tainly agree that under no cir- Europe and Asia. statement that says ‘‘this is the standard for cumstances must American military If this is true, it would allow the inhumane treatment for prisoners to Army officers.’’ Army officers are left to come up and government personnel engage in telligence community to engage in with their own definition of humane treat- torture. That is why we ratified the ‘‘unconventional’’ interrogation proce- ment. United Nations Convention Against dures at secret locations outside of The results of this lapse are well doc- Torture in 1994. Congressional oversight or military di- umented. Even the Pentagon’s own re- And that is why Senator MCCAIN’s rectives on the treatment of prisoners. ports are highly critical: provision prohibiting the use of ‘‘cruel, Earlier this week, I wrote a letter to The Taguba Report found ‘‘numerous inhuman, or degrading treatment’’, and the chairman and vice chairman of the incidents of sadistic, blatant, and wan- adopting the Army Field Manual as the Senate Intelligence Committee re- ton criminal abuses,’’ which the report standard for interrogation procedures questing that the committee conduct described as ‘‘systemic.’’ passed the Senate as part of the De- hearings into these allegations that Along the same lines, the Mikolashek fense appropriations bill by a 90 to 9 the CIA is holding prisoners in ‘‘black Report examined 94 cases of confirmed vote on October 5. It was also unani- sites’’ around the world. abuse in Iraq and Afghanistan, and mously adopted to be included in this The Senate Intelligence Committee found that ‘‘ambiguous guidance from Defense authorization bill. has jurisdiction over the entire intel- command on the treatment of detain- Senator MCCAIN’s amendment simply ligence community. And therefore, it is ees’’ was a contributing factor. makes it clear that the Convention critical that it have access to all infor- Further, the Fay-Jones Report impli- Against Torture applies without geo- mation and material related to these cated 35 soldiers, including the top two graphical limitation. disturbing allegations. military intelligence officers at Abu It states that conduct that is unac- Moreover, I believe that the com- Ghraib prison, in 44 cases of abuse. ceptable on U.S. soil is also unaccept- mittee must do a better job with its So the problem goes far beyond a able in Guantanamo Bay, in Abu oversight responsibilities, particularly ‘‘few, isolated bad apples.’’ Decent, Ghraib, or anywhere else the United as they relate to detention, interroga- hardworking American soldiers simply States government may be holding de- tion, and rendition activities by our indo not know how they may or may not tainees. telligence agencies. treat their captives. President Bush has repeatedly stated The fact is that our policy to date I note that on Tuesday, the Depart- that captives are to be treated hu- with respect to detainees has been con- ment of Defense released a new direc- manely, and just this week he reiter- fused, and that that confusion has led tive banning the use of unmuzzled dogs ated his policy that: to disturbing allegations of abuse and in interrogations, or to harass or in- In this effort, any activity we conduct, is even torture. timidate prisoners. I welcome this di- within the law. We don’t torture. The Senate has already acted to clar- rective, but it is too little, too late. And yet, the administration, led by ify the rules by passing the McCain The ban comes after dozens of con- Vice President CHENEY, has been mak- amendment. I have heard it argued firmed reports of soldiers using dogs to ing a great effort to lobby Members of that this will somehow ‘‘tie the hands’’ intimidate inmates of Abu Ghraib, and Congress to alter the McCain provision of the President in his prosecution of it is limited in scope and details. by exempting the CIA and members of the war, but I strongly disagree. The McCain amendment would give a the intelligence community from its In the first place, the President him- clear baseline standard of human prohibition on torture. self insists that detainees should be rights, which all Americans will always According to Human Rights Watch, treated humanely. We are simply act- recognize—the rights which our Found- the language he circulated on October ing to codify his policy. ers believed were inalienable rights; 20th proposes that: Secondly, the Constitution is per- the rights they chose to enshrine in our ‘‘Subsection (a)’’—that is, the prohi- fectly clear with regard to the author- Constitution. bition against cruel, inhuman or de- ity for regulating the United States It is not for the Vice President, or grading treatment or punishment military: that authority lies with the anyone else for that matter, to cir- —‘‘shall not apply with respect to clan- Congress. cumvent those rights in the name of destine counterterrorism operations Some claim that the Founding Fa- fighting terrorism. conducted abroad, with respect to ter- thers intended the executive branch to This week the White House Press rorists who are not citizens of the have a free hand in prosecuting this Secretary, Scott McClellan, tried to United States, that are carried out by Nation’s wars. justify the exemption, saying, ‘‘You’re and element of the United States Gov- But their consideration and delibera- talking about people like Khalid ernment other than the Department of tion on this issue resulted in Article Shaykh Muhammad; people like Abu Defense and are consistent with the VII, Section 8 of the Constitution, Zubaydah.’’ Constitution and laws of the United which states that Congress shall have I agree that these are terrible men, States and treaties to which the United the power to ‘‘make Rules concerning but we must also consider men like Mr.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12675 Dilawar, an innocent taxi driver who We must have a well-reasoned ap- every effort into properly training was beaten to death in Afghanistan. proach that will allow our Armed Iraqis so that American troops can We are talking about thousands of in- Forces to remove themselves from the come home as soon as possible. nocent Iraqis rounded up in sweeping constant crossfire between Sunnis and America needs to change course, re- neighborhood raids and systematically Shia. assess its mission in light of this esca- abused. As we look forward, I believe the par- lating insurgency, place more responsi- And we are talking about their liamentary election on Dec. 15 rep- bility on Iraq for a negotiated settle- friends and families, and an entire gen- resents one such opportunity. ment, and begin a structured drawdown eration of young people around the For the first time in history, the of American forces. world who are watching and judging Iraqi people will have democratically This structured drawdown must come the actions of the United States. elected their permanent leaders to in the form of a consistent, planned If we fail, in their eyes, to live up to serve full 4-year terms. Their constitu- strategy. This amendment uses the our ideals, if the promise of America is tion, problematic as it may be, has word ‘‘redeployment,’’ which I frankly reduced to self-serving hypocrisy, then been adopted, and it is time for Iraqis believe is confusing. I fear we will breed more terrorists to take greater control. Our military leaders must establish a than we can ever stop. A growing perception is that U.S. framework for a careful, cautious re- In fact, the scale of the problem is military forces buttress the Shiites. As moval of our troops from Iraq, in con- such that the narrowly-focused Pen- a result, we pay a high cost, in lives junction with the rising number of tagon reports do not provide us an ade- lost and casualties. trained Iraqis. quate picture. In conclusion, let me state this—it is We need to change course to remove This might mean the removal of essential that we answer these three ourselves from being the literal and 10,000 American troops for every 20,000 fundamental questions: figurative target of Sunni enmity. trained Iraqis, or a similar but con- Is our current policy legal? Frankly, this battle cannot be won crete formula. Is it moral? militarily by American forces. Certainly, we should prioritize what And does it work? A structured downsizing of our pres- troops are most needed in the training From my work on this issue in the ence in Iraq will not only take our process and begin to drawdown our Judiciary Committee and Intelligence service men and women out of harm’s endstrength in other areas. Committee, I fear the answer to all way, but it will also force Iraq’s reli- This amendment rightly requires the three is ‘‘No.’’ gious and political leaders to confront President to report regularly on Amer- I believe that Congress did not intend the insurgency and find a balance of ican policy in regards to Iraq and our to permit torture abroad when it rati- power acceptable to Shiites, Sunnis, military operations there. fied the Convention Against Torture. and Kurds. The administration needs to define The overwhelming support enjoyed by The first and primary impetus for and lay out an endgame. Mr. MCCAIN’s amendment is evidence of transitioning our forces will be a better The Levin provision ensures that that. trained Iraqi Security Force. Congress will be receiving regular up- Furthermore, I do not believe that Ultimately, the Iraqis will have to dates on the administration’s strategy violating fundamental human rights is defend themselves and confront the in- in Iraq, and as it must be unclassified, ever justified. surgency, both militarily and politi- will provide the American people the There are some absolutes in this cally. The question is when. opportunity to see whether there truly world, and some activities that the Training of the Iraqi Security Forces is a plan for success. United States simply cannot condone. has been too slow, and the administra- Again, I believe it is time to reevalu- I am convinced that our detainee pol- tion has been less than forthright ate our policy and strategies in Iraq. icy has been a costly failure. Far from about the capabilities of the Iraqi We have lost over 2,000 American making us safer, the aggressive inter- troops on the ground. troops, and tens of thousands of Iraqis rogation of terror suspects has served In the interim period ahead, U.S. have died. to breed more terrorists, and to make forces may continue to have a signifi- Americans are tired of hearing daily us more vulnerable to attack. cant role to play, especially in the about the chaos and violence that has Should Congress refuse to statutorily areas of training and rebuilding infra- beset Iraq. With American soldiers and codify the legal and humane treatment structure. But this requires a change of scores of Iraqi civilians dying every of prisoners, we risk endangering those focus for American troops from leading day, there has to be a better course. Americans who become prisoners them- combat missions to buttressing and In my view, it is clear that now is the selves. backing Iraqis as they seek to quell the time to consider a comprehensive plan We must set an honorable example insurgency and growing violence. for the structured downsizing of our for the entire international commu- For starters, we need to increase the mission, while we greatly increase the nity; to do otherwise would be a be- number of U.S. military personnel pro- emphasis on training Iraqis to protect trayal of the values we hold dear. American values, such as the humane viding initial training to the Iraqi themselves. Mr. ROCKEFELLER. Mr. President, treatment of detainees, are truly at the forces from the current 1,200. This very core of this debate. number is frankly inadequate, and today, I want to commend my col- We must not fail—America’s future raises questions about our military’s leagues on the Armed Services Com- will rest on it. priorities in Iraq. mittee for taking a step forward to help our soldiers who are wounded, and AMENDMENT NO. 2519 This does not necessarily mean that Mr. President, I rise today in support all Iraqi forces will be trained to the removed from the combat zone for of an amendment introduced by Sen- level of U.S. forces—that is unlikely— medical treatment. Under current law, when soldiers are ator LEVIN and several colleagues that but the real benchmark is for Iraqi formulates our military strategy and units to have a basic level of training removed from a combat zone, even if it foreign policy in Iraq. and equipment to safeguard their is for a severe wound, they lose all of We need clear, defined benchmarks towns, cities and communities. their special duty pay, which for some that lay out how and when we can The Pentagon recently estimated enlisted soldiers can reduce their pay begin a structured downsizing of the that an additional 125,000 Iraqi security by half. It does not seem right to cut a 160,000 Americans currently serving in personnel will be needed to bring total soldier’s pay at the time of an injury Iraq. endstrength to 325,000. when that soldier and his family will Increasingly, Americans are demand- If it is going to take a force of 325,000 face personal and financial hardships. ing answers about how we intend to Iraqis, then it is incumbent upon the For example, if a young soldier is sent transition sovereign control of Iraq to U.S. military to prioritize this training to Walter Reed Hospital to recover, it the newly elected government. and put enhanced efforts into recruit- is often important to have family near- If we do not heed the call of the ing qualified individuals to serve. by to assist in recovery. But that often American people, popular support for It is only fair to our service men and means a young wife or husband must this war will continue to wane. women, and to their families, if we put leave their home and job to help the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12676 CONGRESSIONAL RECORD — SENATE November 10, 2005 wounded soldier. They may face new extend my condolences to his wife of 55 ‘‘He listened very carefully and said very temporary housing costs or added ex- years, Elizabeth Ann Clement Whitlow, little,’’ Black said. ‘‘But when he did speak, penses just to live nearby and support his son Mark Whitlow, his daughter we always knew it was our time to listen to his wisdom and take his advice.’’ in the soldier’s recovery. Rebecca Gutherie, and all those that Black noted that Whitlow was the board Thanks to action in our Armed Serv- mourn the passing of this great man. attorney in 1956 when the city schools were ices Committee, there is a provision to Earlier this week the Paducah Sun integrated. He said Whitlow’s legal advice continue some of the specialty pays for marked the passing of this community undoubtedly played an important role in the imminent danger for our wounded sol- icon in a piece titled, ‘‘Whitlow re- successful and peaceful integration that had diers as long as they are in the hos- membered for community contribu- been mandated by the U.S. Supreme Court. pital. The House Defense authorization ‘‘Many schools in the South started inte- tions.’’ I ask that the full article be grating in the 1st grade and did it over 12 includes a similar provision that cre- printed in the RECORD and that the en- years,’’ Black said. ‘‘Paducah allowed any ates a new pay provision specifically tire Senate join me in paying our re- African American who wanted to attended a for rehabilitation from combat-related spect to this beloved Kentuckian. previously all-white school to do it in the injuries. There being no objection, the mate- first year.’’ I support such provisions, and in fact, rial was ordered to be printed in the Away from the legal profession, Russell said Whitlow set an example of how a person I introduced S. 461, the Crosby-Puller RECORD, as follows: Combat Wounds Compensation Act, to should be a good citizen. In addition to being [From the Paducah Sun, Nov. 8, 2005] a church leader, Russell said Whitlow was maintain full pay for soldiers during active in the Boy Scouts, charitable work recovery. I was proud to have Senators WHITLOW REMEMBERED FOR COMMUNITY CONTRIBUTIONS ‘‘and was past president of the Rotary Club KENNEDY, CLINTON, and SALAZAR as co- and every other civic organization that he (By Bill Bartleman) sponsors. belonged to. ‘‘In all that he ever did, he My commitment to this legislation Henry Oscar Whitlow was remembered didn’t seek any kind of recognition.’’ was based on hearing the plight of Monday as soft-spoken and unassuming, but Mark Whitlow, also an attorney, said his strong and powerful in his contribution to wounded soldiers. My West Virginia father was an inspiration. the community and the legal profession. ‘‘We all love our fathers,’’ Whitlow said. caseworkers have heard from many sol- Whitlow, 91, died at 5:42 a.m. Monday at ‘‘But he also was an outstanding mentor in diers and families who are struggling. Lourdes hospital. His son, Mark Whitlow, terms of being a scholar of the law and in his While everyone is tragically aware of said he had suffered from Alzheimer’s and love for the community and public service. the more than 2,000 soldiers, including had been in a nursing home since last year. He set a good example for all of us.’’ 15 West Virginians, who have lost their Visitation will be held at the Milner and Fred Paxton, chairman of the board of lives, we do not hear as much about Orr Funeral Home of Paducah from 4 to 7 Paxton Media which owns the Paducah Sun, our wounded soldiers. p.m. Thursday. Services will be at Broadway said Whitlow’s slight frame and soft voice United Methodist Church in Paducah at 1:30 were deceiving. Current estimates are that 16,220 sol- p.m. Friday followed by burial in Mount ‘‘He was a very rugged individual and very, diers have been wounded in Iraq and Kenton Cemetery. very strong,’’ Paxton said. ‘‘If you exchange Afghanistan, and 104 are West Vir- Whitlow, a native of Monkey’s Eyebrow in a hand shake with him, you knew that. He ginians. Thanks to better medical care Ballard County, began practicing law in Pa- also had a delightful sense of humor. It was and better equipment, when it is avail- ducah in 1937 with the Waller and Threlkeld very low key and subtle, but rich.’’ able, our soldiers are surviving dev- law firm. He eventually became a partner In 1993 Whitlow was honored as the Ken- astating attacks, but too often at high and the firm is now known as Whitlow Rob- tucky Bar Association’s ‘‘Lawyer of the Year.’’ costs including the loss of limbs. Such erts Houston and Straub. It is one of Paducah’s largest and most prestigious He was humbled by the honor. ‘‘It was like soldiers face long recoveries, and they firms. a bolt out of the blue,’’ he told the Paducah need their families nearby to support He was a member of Broadway United Sun. ‘‘I still don’t know how the lightning them. But there are extra costs for Methodist Church for almost 70 years and happened to strike me. I am just an old families at this time, and we should held every leadership position in the church. country boy who came up in the Depres- not be substantially reducing the pay He also was a lay speaker and a Sunday sion.’’ In addition to his son, Whitlow is survived of our wounded heroes. School teacher. He also was active in civic affairs and by his wife of 55 years, Elizabeth Ann Clem- As the conference committee is ap- ent Whitlow; a daughter, Rebecca Gutherie pointed and we begin the hard work of served as president of what is now the Padu- cah Area Chamber of Commerce, the Padu- of Maryland; a sister, Mildred Hughes of Tuc- resolving the differences between these cah Rotary Club, the Paducah Jaycees and son, Ariz., and two grandchildren. two bills, I hope that we will keep in many other organizations. f mind the struggles and financial hard- Senior U.S. District Judge Edward H. TRIBUTE TO MR. EVERETT RAINS ships of our wounded soldiers and their Johnstone described Whitlow as a leader families. We need to provide them with with humility, a litigator with compassion Mr. MCCONNELL. Mr. President, I adequate pay in honor of their distin- and a scholar with the common touch. pay tribute to a great leader in public guished service. ‘‘He was a great man,’’ Johnstone said. service, Mr. Everett Rains. Everett ‘‘The thing that distinguished him from served as county clerk in Whitley f present-day lawyers is that he built his rep- County, KY, for 24 years. I first met MORNING BUSINESS utation by what he did, not how much he ad- vertised or blew his own horn. His work is him when I started my political career what sold him to the public. He never sought in Kentucky, more than two decades ago. Everett was known for his numer- TRIBUTE TO MR. HENRY OSCAR glory or credit. He was unselfish and always ous acts of kindness and generosity. He WHITLOW a perfect gentleman.’’ U.S. District Judge Thomas Russell said inspired others to serve, including his Mr. MCCONNELL. Mr. President, I Whitlow had a profound effect on those own nephew Tom Rains, who succeeded today honor the life of a prominent around him. Russell was associated with him as Whitley County clerk. Kentuckian, Mr. Henry Oscar Whitlow, Whitlow’s firm for almost 25 years. Last month, Everett passed away at and to pay tribute to the numerous Without Whitlow as a mentor, Russell said the age of 88. He spent his career serv- contributions he made to his commu- he would have never risen to the federal judgeship. ‘‘You can learn the practice of law ing the people of Whitley County, and nity and to the Commonwealth of Ken- from a lot of people, but he taught me what will be missed by all who knew and tucky. it takes to represent people—to feel their loved him. A native of Ballard County, KY, Mr. sorrow, their joys and their concerns.’’ On October 26, 2005, The Williams- Whitlow spent his professional life Whitlow served as the attorney for the Pa- burg News Journal published an article practicing law in Paducah. In addition ducah Board of Education for more than 40 highlighting Everett’s contributions, to being a respected attorney, he was years. Bill Black Jr., a long-time board caring nature, and strong character. I also an active member of the Broadway member, said Whitlow viewed his work with ask that the full article be printed in the board as public service. ‘‘The fees he United Methodist Church, and served the RECORD and that the entire Senate charged were not what he could get investing as President of the Paducah Area his time in other legal work,’’ Black said. join me in paying our respect to this Chamber of Commerce, the Paducah He said Whitlow never tried to influence beloved Kentuckian. Jaycees, and the Paducah Rotary Club. board decisions and only got involved when There being no objection, the mate- People like Henry Whitlow are what he thought the board was straying in the rial was ordered to be printed in the make Kentucky such a special place. I wrong legal direction. RECORD, as follows:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12677 [From the Williamsburg News Journal, Oct. Tom Rains’ family, only missing one birth- ELLEN FALLON—2005 MILKEN FAM- 26, 2005] day party due to illness. ILY FOUNDATION NATIONAL ED- FAMILY, FRIENDS HAVE FOND MEMORIES OF Tom Rains noted that Everett had a great UCATOR AWARD WINNER RAINS, FORMER COUNTY CLERK love for children, period. ‘‘There is probably Mr. REID. Mr. President, I rise today (By Mark White) not anyone in this county that Everett Rains didn’t buy a bottle of soda pop for when he to congratulate Ellen Fallon, a sixth Everett Rains will undoubtedly go down in was young. Young boys would run to the an eighth grade teacher of advanced history as one of the most successful politi- county store when they saw Everett coming mathematics at Carson Middle School cians in Whitley County history, but his down the road because they knew Everett nephew, current Whitley County Clerk Tom in Carson City, who was selected as one would buy them a pop. Every child every- Rains, says he will remember Everett more of two winners from Nevada of the where he went, he would give them a quarter as a generous man that always tried to help Milken Family Foundation National and in later years he would give a dollar to people. every child he saw. He was really so gen- Educator Award for 2005. ‘‘Many times at the Corbin hospital we erous,’’ Tom Rains said. The Milken Family Foundation Na- would go visit the sick men, who were his tional Educator Awards program, friends. If the men didn’t have a pair of socks In addition to being a politician, Rains was also an active farmer, who raised crops and which began in the early 1980s, provides on, that really bothered him the most,’’ public recognition and financial re- Rains said Monday afternoon, unsuccessfully cattle on his farm near Dal Road until last trying to choke back tears. ‘‘He would pull year. wards to elementary and secondary his socks off and give them to them. He ‘‘He had a real closeness to all the farmers school teachers, principals, and other would leave and go home without any socks in Whitley County,’’ Tom Rains noted Mon- education professionals who strive for on. I’ve never seen anybody do that before in day. ‘‘Back in the ’40s, ’50s and ’60s, everyone excellence in education. By honoring my life; that was how generous he was.’’ had a milk cow; in Whitley County that was outstanding educators from across the Everett Rains, who served as Whitley the most valuable thing on your place. Ever- ett would loan people milk cows. So many United States, this program seeks to County Clerk for 24 years, passed away Sat- attract, develop, motivate, and retain urday afternoon at the Oak Tree Hospital in people came to me today, and said, ’I remember when your uncle brought us a milk cow.’ talented educators. Corbin at the age of 88. Strong mathematics instruction is ‘‘He was a tremendous gentleman. They He didn’t ask nothing.’’ called him the best politician in Whitley Rains said about a year ago, Everett suf- an integral part of preparing students County, but it all came from his heart. Ev- fered a bump on his head that required sur- for the global economy. Her dedication erything came out of Everett’s heart. He did gery in Lexington for internal bleeding in his to this goal is what makes Mrs. things for people out of his heart, not be- brain. After the stint in the hospital, he de- Fallon’s recognition all the more sig- cause he was county clerk. He was just that veloped lung problems, and had suffered from nificant. type of person,’’ said Tom Rains, who worked pneumonia for the past month until he Carson Middle School is all in the passed away Saturday. for Everett for eight years before succeeding family for the Fallons: Mrs. Fallon is Funeral services were scheduled for 2 p.m. him as county clerk. ‘‘He treasured this of- an alumni, her husband is a sixth grade fice. He was a good county clerk.’’ today at the Ellison Funeral Home Chapel Everett Rains began his career in politics with the Rev. Bill Mitchell officiating. He English teacher, and her daughtr is a serving one term as Whitley County sheriff will be buried at the Highland Park Ceme- seventh grade student at the school. from 1954 through 1957. At the time, sheriffs tery in the Davis Addition. I trust that her example will influ- couldn’t succeed themselves, and Rains made The Whitley County Courthouse closed at ence others to pursue teaching excel- a failed bid for county clerk in 1957 against noon Wednesday for the funeral, and re- lence and applaud the Milken Family incumbent Ernie Hickey. He ran again for mained closed for the remainder of the day. Foundation for recognizing her leader- county clerk in 1961, and was elected to the ship. I salute Ellen Fallon for her serv- first of his six terms in office. Rains was un- f ice and dedication to the students of opposed in his bid for re-election during Carson Middle School, and extend my three of his six terms, and left office in 1985. Kay Schwartz, who has worked in the county VALARIE YOUNG—2005 MILKEN best wishes for a successful future. clerk’s office for nearly 31 years and who FAMILY FOUNDATION NATIONAL Mrs. BOXER. Mr. President, today I worked for Everett Rains for 11 years until EDUCATOR AWARD WINNER rise to pay tribute to 20 young Ameri- he left office, described her former boss as an cans who have been killed in Iraq since easygoing person, who never raised his voice Mr. REID. Mr. President, I rise today October 7. This brings to 477 the num- to any workers. to congratulate Valarie Young, a high ber of soldiers who were either from ‘‘He would always tell us in a kind way school social studies teacher at the Ad- California or based in California who how things needed to be done, or what he vanced Technologies Academy in Las have been killed while serving our needed done. He never did anything to hu- Vegas, who was selected as one of two miliate you. He always wanted to help you,’’ country in Iraq. This represents 23 per- winners from Nevada of the Milken cent of all U.S. deaths in Iraq. she noted. Family Foundation National Educator LANCE CORPORAL SERGIO H. ESCOBAR ‘‘He was a very good man. He was always Award for 2005. kind to people. It didn’t matter if they came At age 18, Lance Corporal Escobar in mad, they never left mad. He always The Milken Family Foundation Na- died October 9 from an improvised ex- calmed them down, and took care of their tional Educator Awards program, plosive device while conducting combat needs. It didn’t matter what they needed, he which began in the early 1980s, provides operations against enemy forces in Ar always tried to help them,’’ Schwartz said. public recognition and financial re- Ramadi. ‘‘Even if he knew somebody was against him, wards to elementary and secondary he was kind to them when they came in. He He was assigned to the 3rd Battalion, school teachers, principals, and other 7th Marine Regiment, 1st Marine Divi- shook their hand, and he helped them. It education professionals who strive for didn’t matter to him. He was a man that sion, Twentynine Palms, CA. During would turn the other cheek. He was always excellence in education. By honoring Operation Iraqi Freedom, his unit was good to people.’’ outstanding educators from across the attached to the 2nd Marine Division. Tom Rains said some of his fondest memo- United States, the program’s goals are He was from Pasadena, CA. ries as a child were of he and his twin broth- to attract, develop, motivate, and re- STAFF SERGEANT JERRY L. BONIFACIO er riding around with Everett as he traveled tain talented educators. At age 28, Staff Sergeant Bonifacio the county buying and selling cattle. It takes a special, dedicated educator died in Baghdad on October 10 when a ‘‘We used to come down and sit on the to make a subject come alive for stu- sheriff’s counter. While he was working we vehicle-borne improvised explosive de- used to get to stay a few hours at the court- dents and to teach them that knowl- vice detonated near his checkpoint. house. It was the biggest treat ever. He was edge about history will serve them in He was assigned to the Army Na- a special person, who made you feel so their future. tional Guard’s 1st Battalion, 184th In- good,’’ Tom Rains said. Mrs. Young’s creativity makes his- fantry Regiment, Dublin, CA. Everett Rains and his wife of 46 years, tory come alive for her students, and He was from Vacaville, CA. Delois, never had any children. The couple this Milken Family Foundation dis- SPECIALIST TIMOTHY D. WATKINS didn’t marry until they were 42 years old, tinction validates her efforts. I salute At age 24, Specialist Watkins died in Tom Rains noted. Still, the couple had a large family, including seven nephews and Valarie Young for her service and dedi- Ar Ramadi on October 15 when an im- five nieces. cation to the students of the Advanced provised explosive device detonated Everett and Delois attended 73 birthday Technologies Academy, and extend my near their Bradley Fighting Vehicle parties for their great-nephews and nieces in best wishes for a successful future. during combat operations.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12678 CONGRESSIONAL RECORD — SENATE November 10, 2005 He was assigned to the 2nd Battalion, 1st Battalion, 184th Infantry Regiment, copter crashed while flying in support 69th Armor Regiment, 3rd Brigade, 3rd Modesto, CA. of security and stabilization operations Infantry Division, Fort Benning, GA. COLONEL WILLIAM W. WOOD near Ar Ramadi. He was from San Bernardino, CA. At age 44, Colonel Wood died in Bagh- He was with Marine Light-Attack LANCE CORPORAL CHRISTOPHER M. POSTON dad on October 27 when he was direct- Helicopter Squadron 369, Marine Air- At age 20, Lance Corporal Poston ing security operations in response to craft Group 39, 3rd Marine Aircraft died October 17 from a nonhostile vehi- the detonation of an improvised explo- Wing, Camp Pendleton, CA. During Op- cle accident in Hit. sive device. During this response, a sec- eration Iraqi Freedom, his unit was at- He was assigned to Battalion Land- ond improvised explosive device deto- tached to the 2nd Marine Aircraft ing Team 2nd Battalion, 1st Marine nated near his position. Wing. Regiment, 13th Marine Expeditionary He was a Regular Army soldier as- SERGEANT FIRST CLASS JAMES F. HAYES Unit, Camp Pendleton, CA. signed to the Army National Guard’s At age 48, Sergeant Hayes died in LANCE CORPORAL CHAD R. HILDEBRANDT 1st Battalion, 184th Infantry Regiment, At age 22, Lance Corporal Modesto, CA. Taji on November 6 when an impro- Hildebrandt died October 17 from CAPTAIN RAYMOND D. HILL, II vised explosive device detonated near small-arms fire while conducting com- At age 39, Captain Hill died in Bagh- his Humvee during patrol operations. bat operations against enemy forces in dad on October 29 when an improvised He was assigned to the 1st Battalion, Al Rutbah. explosive device detonated near his 320th Field Artillery Regiment, 101st He was assigned to 1st Light Armored Humvee during patrol operations. Airborne Division, Fort Campbell, KY. He was assigned to the Army Na- Reconnaissance Battalion, 1st Marine He was from Barstow, CA. tional Guard’s 1st Battalion, 184th In- Division, Camp Pendleton, CA. During Mr. President, 477 soldiers who were fantry Regiment, Modesto, CA. Operation Iraqi Freedom, his unit was He was from Turlock, CA. either from California or based in Cali- fornia have been killed while serving attached to the 2nd Marine Division. SERGEANT SHAKERE T. GUY LANCE CORPORAL DANIEL SCOTT R. BUBB At age 23, Sergeant Guy died in our country in Iraq. I pray for these At age 19, Lance Corporal Bubb died Baghdad on October 29 when an impro- young Americans and their families. October 17 from small-arms fire while vised explosive device detonated near I would also like to pay tribute to conducting combat operations against his Humvee during patrol operations. the two soldiers from or based in Cali- enemy forces in Al Rutbah. He was assigned to the Army Na- fornia who have died while serving our He was assigned to the 1st Light Ar- tional Guard’s 1st Battalion, 184th In- country in Operation Enduring Free- mored Reconnaissance Battalion, 1st fantry Regiment, Modesto, CA. He was dom since October 7. Marine Division, Camp Pendleton, CA. from Pomona, CA. PRIVATE FIRST CLASS JOSEPH CRUZ During Operation Iraqi Freedom, his SERGEANT FIRST CLASS JONATHAN TESSAR At age 22, Private First Class Cruz unit was attached to the 2nd Marine At age 36, Sergeant Tessar died in Al died in Bagram, Afghanistan, on Octo- Division. Mahmudiyah on October 31 when an ber 16, of non combat-related injuries SERGEANT ARTHUR A. MORA improvised explosive device detonated sustained in an accident at Organ-E, At age 23, Sergeant Mora died in near his Humvee during patrol oper- Afghanistan, on October 15. Balad on October 19 when his Humvee ations. He was assigned to the 1st Battalion, was struck by enemy indirect fire dur- He was assigned to the Army’s 2nd 508th Infantry Regiment, Vicenza, ing patrol operations. Battalion, 502nd Infantry Regiment, He was assigned to the 5th Squadron, 2nd Brigade Combat Team, 101st Air- Italy. He was from Whittier, CA. 7th Cavalry Regiment, 1st Brigade borne Division, Fort Campbell, KY. He PETTY OFFICER THIRD CLASS FABRICIO MORENO Combat Team, 3rd Infantry Division, was from Simi Valley, CA. At age 26, Petty Officer Moreno was Fort Stewart, GA. SERGEANT DANIEL A. TSUE killed Oct. 14 in a single-vehicle acci- He was from Pico Rivera, California. At age 27, Sergeant Tsue died Novem- dent in Manda Bay, Kenya. SERGEANT JACOB D. DONES ber 1 from an improvised explosive de- He was assigned to Naval Mobile Con- At age 21, Sergeant Dones died in Hit vice while conducting combat oper- struction Battalion 3, Port Hueneme, on October 20 when his forward operations in the vicinity of Ar Ramadi. CA. In support of Operation Enduring ating base was attacked by enemy He was assigned to the 7th Engineer Freedom, he was deployed as part of a forces using indirect fire. Support Battalion, 1st Marine Logis- Combined Joint Task Force Horn of Af- tics Group, Camp Pendleton, CA. Dur- He was assigned to the 2nd Squadron, rica construction team. ing Operation Iraqi Freedom, his unit 11th Armored Cavalry Regiment, Fort Mr. President, 34 soldiers who were Irwin, CA. was attached to the 2nd Force Support Group. either from California or based in Cali- LANCE CORPORAL JONATHAN R. SPEARS fornia have been killed while serving PETTY OFFICER SECOND CLASS ALLAN M. At age 21, Lance Corporal Spears died our country in Operation Enduring October 23 from enemy small-arms fire CUNDUNGA ESPIRITU At age 28, Petty Officer Espiritu died Freedom. I pray for these Americans while conducting combat operations November 1 from an improvised explo- and their families. against enemy forces in Ar Ramadi. He was assigned to 3rd Battalion, 7th sive device while conducting combat operations in the vicinity of Ar f Marine Regiment, 1st Marine Division, Ramadi. Twentynine Palms, CA. During Oper- He was assigned to 2nd Force Service LOCAL LAW ENFORCEMENT ation Iraqi Freedom, his unit was at- Support Group, II Marine Expedi- ENHANCEMENT ACT OF 2005 tached to the 2nd Marine Division. tionary Force. He was from Oxnard, Mr. SMITH. Mr. President, I rise SERGEANT JAMES WITKOWSKI CA. today to speak about the need for hate At age 32, Sergeant Witkowski died CAPTAIN MICHAEL D. MARTINO on October 26 near Ashraf of injuries At age 32, Captain Martino died No- crimes legislation. Each Congress, Sen- sustained there earlier that day when vember 2 when his Super Cobra heli- ator KENNEDY and I introduce hate an improvised explosive device deto- copter crashed while flying in support crimes legislation that would add new nated near his Humvee during convoy of security and stabilization operations categories to current hate crimes law, operations. near Ar Ramadi. sending a signal that violence of any He was assigned to the Army Re- He was with Marine Light-Attack kind is unacceptable in our society. serve’s 729th Transportation Company, Helicopter Squadron 369, Marine Air- Likewise, each Congress I have come to Fresno, CA. craft Group 39, 3rd Marine Aircraft the floor to highlight a separate hate CAPTAIN MICHAEL J. MACKINNON Wing, Camp Pendleton, CA. During Op- crime that has occurred in our coun- At age 30, Captain Mackinnon died on eration Iraqi Freedom, his unit was at- try. October 27 in Baghdad when an impro- tached to the 2nd Marine Aircraft On October, 15, 2005, in Missoula, MT, vised explosive device detonated near Wing. two gay students were near their home his Humvee during convoy operations. MAJOR GERALD M. BLOOMFIELD, II on the University of Montana campus He was a Regular Army soldier as- At age 38, Major Bloomfield died No- when they were chased by a group of signed to the Army National Guard’s vember 2 when his Super Cobra heli- men and beaten. According to police,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12679 the group of men were shouting deroga- activates. Since September 11, restric- aimed to keep them from the polls on tory terms regarding their sexual ori- tive visa policies and negative percep- election day. entation before and during the beating. tions of the United States have led to Free and fair elections are the foun- I believe that our Government’s first a drastic decline in the number of for- dation of our democracy—a democracy duty is to defend its citizens, in all cir- eign students studying in the United built on the unassailable principle that cumstances, from threats to them at States, a development which has a neg- every single American should have an home. The Local Law Enforcement En- ative consequences for both American equal say in their government. No hancement Act is a major step forward foreign policy and economic competi- American should ever approach their in achieving that goal. I believe that tiveness. A strategy is needed to pro- polling place in fear. No American by passing this legislation and chang- actively counter negative perceptions should ever worry that they will some- ing current law, we can change hearts about America as unwelcoming to for- how be penalized for exercising their and minds as well. eign students, and to enable us to suc- fundamental right to vote. No Amer- f cessfully compete with places like the ican should ever be tricked into think- EU, the UK, and Australia, which have ing they do not have the right to vote. THE 10TH ANNIVERSARY OF THE developed strategies to recruit the The Deceptive Practices and Voter DEATH OF KEN SARO-WIWA world’s best and brightest. In my Intimidation Prevent Act takes great Mr. OBAMA. Mr. President, I rise amendment to the Labor-HHS bill, I strides towards ensuring that no Amer- today in support of a resolution sub- initially requested the Secretary of ican will ever be denied the right to mitted by Mr. LEAHY, Mr. KENNEDY, Education, in consultation with the vote. It both criminalizes deceptive Mr. FEINGOLD, and myself on the 10th Secretaries of State, Commerce, Home- practices and provides affected individ- anniversary of Ken Saro-Wiwa’s death. land Security and Energy and others, uals with a private right of action. It On November 10, 1995, a terrible injus- to prepare this plan. prevents the negative effects of decep- tice occurred when Mr. Saro-Wiwa and Mr. MCCONNELL. I am aware of this tive practices by ensuring voters get eight of his countrymen were hanged provision and have been alerted by the accurate election information. It also by Sani Abacha’s regime in Nigeria. State Department that they would pre- requires the Attorney General to re- While we cannot undo that tragedy, we fer that the Secretary of State take port allegations of deceptive practices, must never forget it. the lead in coordinating this strategic the actions taken to correct them, and Mr. Saro-Wiwa led the Movement for plan, given Secretary Rice’s jurisdic- any prosecutions resulting from those the Survival of the Ogoni People, dedi- tion over this matter. Had this provi- allegations. cated to defending the rights of his fel- sion been offered to the fiscal year 2006 We have worked hard to bring fair low Ogoni in the Niger Delta through Foreign Operations Appropriations and free elections to people around the nonviolent means. Over the course of Act, I can assure my friend that it word-including the people of Iraq and his life, he had dozens of opportunities would have been included as a require- Afghanistan. We must do everything in to take a different path, to stop speak- ment for the State Department to ful- our power to ensure that our own elec- ing out, to let someone else intervene. fill. tions are at least as fair and as free. Instead, he risked everything, over and Mr. COLEMAN. I, too, have been in- f formed of the State Department’s ju- over again, to call the world’s atten- ADDITIONAL STATEMENTS tion to suffering and injustice, to de- risdictional concern. Given that this mand action. In May 1994, Abacha re- issue is more appropriate to the For- sponded by imprisoning Mr. Saro-Wiwa eign Operations bill, I wonder if my TRIBUTE TO CAROLYN HARRIS friend from Kentucky will work with and eight other Ogoni men, the Ogoni ∑ Mr. JEFFORDS. Mr. President, I am Nine, and unjustly accusing them of me and the State Department to ensure that this provision is fulfilled, spe- here today to honor my fellow murder. Vermonter, Carolyn Harris, who has Ten years ago on this day, Mr. Saro- cifically that within 180 days of enactment of the foreign aid bill the Depart- spent the last four decades improving Wiwa is said to have told his execu- the management and implementation tioners: ‘‘Lord, take my soul, but the ment provide the relevant congressional committees with a report detail- of long-term health care. struggle continues.’’ A nurse by training, Carolyn Harris Sadly, the struggle has indeed con- ing this strategic plan, in consultation with the Departments of Education, has worked in the management, admin- tinued for the Ogoni people, whose istration, and certification of long- standard of living is among the lowest Commerce, Homeland Security, and Energy, as well as institutions and or- term care systems, as well as acting as in the world, and whose oil rich land a care provider. Additionally, through remains severely polluted. The names ganizations involved in international education. The strategy should seek to her work with the Vermont association of the Ogoni Nine have yet to be of the American Health Care Associa- cleared, and they remain convicted of use innovative media like the Internet to develop a marketing strategy. It tion, AHCA, a national health organi- the crime for which they were unfairly zation representing more than 10,000 tried and hanged. should also include policy recommendations for streamlining the long-term care facilities and providers This resolution acknowledges not Ms. Harris has trained fellow physi- only the tremendous legacy left by Ken procedures related to international student access. cians, nurses, and other health care Saro-Wiwa, but also the battles that professionals to provide appropriate remain to be fought in the Niger Delta Mr. MCCONNELL. My staff has already discussed this matter with the and effective long-term care to pa- and beyond. I urge my colleagues to tients. join me in this effort to honor his State Department and they have committed to providing such a plan within Along with the Vermont Health Care memory, his vision, and his struggle Association, VHCA, Ms. Harris has which continues today. that timeframe. Mr. COLEMAN. I thank the chairman worked for more than 30 years to pro- f of the State, Foreign Operations, and mote affordable, accessible quality care in Vermont nursing and assisted- LABOR-HHS APPROPRIATIONS Related Programs Subcommittee. f living facilities. Her efforts have gone ENHANCED STUDY AND EXCHANGE ACTIVITIES a long way to assure the privacy, Mr. COLEMAN. Mr. President, I want DECEPTIVE PRACTICES AND rights, dignity, comfort, and well-being to bring the attention of my colleague VOTER INTIMIDATION PREVEN- of Vermont nursing home residents and from Kentucky to a provision Senator TION to foster a spirit of cooperation and ex- BINGAMAN and I offered to the Labor- Mr. KERRY. Mr. President, I proudly cellence in long-term care. Most re- HHS appropriations bill regarding a join as a cosponsor of Senator OBAMA’s markably, Ms. Harris continues to pro- strategic plan for enhancing access of Deceptive Practices and Voter Intimi- vide personal attention and care to her legitimate foreign students, scholars, dation Prevention Act of 2005. This im- patients while sharing her wisdom, en- scientists, and exchange visitors in the portant legislation will protect voters ergy, and compassion with her col- United States for study and exchange from the deceptive practices that leagues. Carolyn Harris has met the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12680 CONGRESSIONAL RECORD — SENATE November 10, 2005 challenge of providing long-term MESSAGES FROM THE HOUSE H.R. 1751. An act to amend title 18, United health care head on and has become a States Code, to protect judges, prosecutors, trusted adviser to long-term care pro- witnesses, victims, and their family mem- viders and patients throughout ENROLLED BILLS SIGNED bers, and for other purposes; to the Com- mittee on the Judiciary. Vermont. At 9:32 a.m., a message from the H.R. 1953. An act to require the Secretary Today, at the Helen Porter Nursing House of Representatives, delivered to of the Treasury to mint coins in commemo- Home in Middlebury, VT, Carolyn Har- Ms. Niland, one of its reading clerks, ration of the Old Mint at San Francisco, oth- ris is being honored by the VHCA and announced that the Speaker has signed erwise known as the ‘‘Granite Lady’’, and for the AHCA for her service to all long- the following enrolled bills: other purposes; to the Committee on Bank- term care recipients and Vermonters. H.R. 2490. An act to designate the facility ing, Housing, and Urban Affairs. Ms. Harris is a valuable member of the of the United States Postal Service located H.R. 3665. An act to amend title 38, United long-term health care community, and at 442 West Hamilton Street, Allentown, States Code, to authorize the Secretary of Pennsylvania, as the ‘‘Mayor Joseph S. Veterans Affairs to provide adaptive housing I am proud to be able to honor her be- assistance to disabled veterans residing tem- fore the Senate.∑ Daddona Memorial Post Office’’. H.R. 3339. An act to designate the facility porarily in housing owned by a family mem- f of the United States Postal Service located ber and to make direct housing loans to Na- tive American veterans, and for other pur- TRIBUTE TO PAULA YEAGER at 2061 South Park Avenue in Buffalo, New York, as the ‘‘James T. Molloy Post Office poses; to the Committee on Veterans’ Af- ∑ Mr. LUGAR. Mr. President, I rise Building’’. fairs. today to honor the memory of Paula The enrolled bill was signed subse- f Yeager, a distinguished Hoosier and ex- quently by the President pro tempore EXECUTIVE AND OTHER ecutive director of the Indiana Wildlife (Mr. STEVENS). Federation, who passed away yesterday COMMUNICATIONS following a 7-year battle with cancer. At 1:58 p.m., a message from the The following communications were Over the years, I have valued Paula House of Representatives, delivered by laid before the Senate, together with counsel and advocacy on behalf of con- Mr. Hays, one of its reading clerks, an- accompanying papers, reports, and doc- servation in Indiana. nounced that the House has passed the uments, and were referred as indicated: After studying business at the Uni- following bill, in which it requests the EC–4604. A communication from the Regu- versity of Nebraska, Paula began a ca- concurrence of the Senate: lations Coordinator, Centers for Medicare reer as a travel agent. Eventually, this H.R. 1751. An act to amend title 18, United and Medicaid Services, Department of career brought her into close contact States Code, to protect judges, prosecutors, Health and Human Services, transmitting, with John Denver, a singer who shared witnesses, victims, and their family mem- pursuant to law, the report of a rule entitled bers, and for other purposes. ‘‘Medicare Program; Exclusion of Vendor Paula’s respect for the importance of Purchases Made Under the Competitive Ac- nature and dedication to wildlife con- The message also announced that the quisition Program for Outpatient Drugs and servation. The two became close House has passed the following bill, Biologicals Under Part B for the Purpose of friends and their friendship inspired without amendment: Calculating the Average Sales Price’’ Paula to use her remarkable talents to S. 1894. An act to amend part E of title IV (RIN0938–AN58) received on November 4, 2005; make a difference in conservation. of the Social Security Act to provide for the to the Committee on Finance. This dedication led Paula to pursue making of foster care maintenance payments EC–4605. A communication from the Regu- an opportunity as executive director of to private for-profit agencies. lations Coordinator, Centers for Medicare and Medicaid Services, Department of the Indiana Wildlife Federation. In At 5:03 p.m., a message from the Health and Human Services, transmitting, that role, she reinvigorated the organi- House of Representatives, delivered by pursuant to law, the report of a rule entitled zation as she worked with like-minded Ms. Niland, one of its reading clerks, ‘‘Medicare Program; E-Prescribing and the groups to advance initiatives and be- announced that the House has passed Prescription Drug Program’’ (RIN0938–AN49) come effectively engaged in the polit- the following bills, in which it requests received on November 4, 2005; to the Com- ical process at both the State and Fed- mittee on Finance. the concurrence of the Senate: EC–4606. A communication from the Regu- eral level. H.R. 1953. An act to require the Secretary Paula’s efforts have been recognized lations Coordinator, Centers for Medicare of the Treasury to mint coins in commemo- and Medicaid Services, Department of across Indiana. She has twice been rec- ration of the Old Mint at San Francisco, oth- Health and Human Services, transmitting, ognized with the President Award from erwise known as the ‘‘Granite Lady’’, and for pursuant to law, the report of a rule entitled the Indiana Wildlife Federation and other purposes. ‘‘Medicare Program; Home Health Prospec- was named Conservationist of the Year H.R. 3665. An act to provide adaptive hous- tive Payment System Rate Update for Cal- in 2001 by the Indiana Department of ing assistance to disabled veterans residing endar Year 2006’’ (RIN0938–AN44) received on Natural Resources. temporarily in housing owned by a family November 4, 2005; to the Committee on Fi- member, to make certain improvements in nance. While I know that this is a difficult veterans employment assistance programs, time for Paula’s family and many EC–4607. A communication from the Regu- and for other purposes. lations Coordinator, Centers for Medicare friends, my thoughts are with her hus- f and Medicaid Services, Department of band John and their two children ENROLLED BILL SIGNED Health and Human Services, transmitting, Stephanie and Corey as they remember pursuant to law, the report of a rule entitled her life of leadership.∑ At 7:30 p.m., a message from the ‘‘Medicare Program; Changes to the Hospital f House of Representatives, delivered by Outpatient Prospective Payment System and one of its clerks, announced that the Calendar Year 2006 Payment Rates’’ MESSAGES FROM THE PRESIDENT Speaker has signed the following en- (RIN0938–AN46) received on November 4, 2005; Messages from the President of the rolled bill: to the Committee on Finance. EC–4608. A communication from the Regu- United States were communicated to H.R. 3057. An act making appropriations the Senate by Mr. Thomas, one of his lations Coordinator, Centers for Medicare for foreign operations, export financing, and and Medicaid Services, Department of secretaries. related programs for the fiscal year ending Health and Human Services, transmitting, f September 30, 2006, and for other purposes. pursuant to law, the report of a rule entitled Under authority of the order of the EXECUTIVE MESSAGES REFERRED ‘‘Medicare Program; Revisions to Payment Senate of November 10, 2005, the en- Policies Under the Physician Fee Schedule As in executive session the Presiding rolled bill was signed subsequently on for Calendar Year 2006 and Certain Provi- Officer laid before the Senate messages today, November 10, 2006, by the Major- sions Related to the Competitive Acquisition Program of Outpatient Drugs and Biologicals from the President of the United ity Leader (Mr. FRIST). Under Part B’’ (RIN0938–AN84 and RIN0938– States submitting sundry nominations f and a treaty which were referred to the AN58) received on November 4, 2005; to the MEASURES REFERRED Committee on Finance. appropriate committees. EC–4609. A communication from the Sec- (The nominations received today are The following bills were read the first retary of Health and Human Services, trans- printed at the end of the Senate pro- and the second times by unanimous mitting, pursuant to law, a report entitled ceedings.) consent, and referred as indicated: ‘‘Review and Report on Current Standards of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12681 Practice for Pharmacy Services Provided to a rule entitled ‘‘Fisheries of the Exclusive By Mr. COCHRAN, from the Committee on Patients in Nursing Facilities’’; to the Com- Economic Zone Off Alaska; Pacific Ocean Appropriations: mittee on Finance. Perch in the Western Aleutian District of Special Report entitled ‘‘Further Revised EC–4610. A communication from the Acting the Bering Sea and Aleutian Islands Manage- Allocation to Subcommittees of Budget To- Chief, Publications and Regulations Branch, ment Area’’ (I.D. No. 092805A) received on tals from the Concurrent Resolution for Fis- Internal Revenue Service, Department of the November 7, 2005; to the Committee on Com- cal Year 2006’’ (Rept. No. 109–176). Treasury, transmitting, pursuant to law, the merce, Science, and Transportation. By Mr. CRAIG, from the Committee on report of a rule entitled ‘‘Amendment to EC–4620. A communication from the Acting Veterans’ Affairs, with an amendment in the Sunset Date of Section 1441 Voluntary Com- Director, Office of Sustainable Fisheries, Na- nature of a substitute: pliance Program under Rev. Proc. 2004–59’’ tional Marine Fisheries Service, National S. 1182. A bill to amend title 38, United (Rev. Proc. 2005–71) received on November 4, Oceanic and Atmospheric Administration, States Code, to improve health care for vet- 2005; to the Committee on Finance. transmitting, pursuant to law, the report of erans, and for other purposes (Rept. No. 109– EC–4611. A communication from the Sec- a rule entitled ‘‘Fisheries of the Exclusive 177). retary, Judicial Conference of the United Economic Zone Off Alaska; Pacific Ocean f States, transmitting, the report of a draft Perch in the Western Aleutian District of bill relative to amending the Internal Rev- the Bering Sea and Aleutian Islands Manage- INTRODUCTION OF BILLS AND enue Code of 1986 to make certain rules re- ment Area’’ (I.D. No. 100605B) received on JOINT RESOLUTIONS garding sales of property to comply with November 7, 2005; to the Committee on Com- conflict-of-interest requirements applicable merce, Science, and Transportation. The following bills and joint resolu- to the federal judiciary, and for other pur- EC–4621. A communication from the Acting tions were introduced, read the first poses, received on November 7, 2005; to the Director, Office of Sustainable Fisheries, Na- and second times by unanimous con- Committee on the Judiciary. tional Marine Fisheries Service, National sent, and referred as indicated: EC–4612. A communication from the Direc- Oceanic and Atmospheric Administration, By Mr. REED (for himself and Mr. tor, Regulations and Rulings Division, Alco- transmitting, pursuant to law, the report of CHAFEE): hol and Tobacco Tax and Trade Bureau, De- a rule entitled ‘‘Fisheries of the Exclusive S. 1989. A bill to designate the facility of partment of the Treasury, transmitting, pur- Economic Zone Off Alaska; Atka Mackerel the United States Postal Service located at suant to law, the report of a rule entitled in the Western Aleutian District of the Ber- 57 Rolfe Square in Cranston, Rhode Island, ‘‘Suspension of Special (Occupational) Tax’’ ing Sea and Aleutian Islands Management shall be known and designated as the ‘‘Holly (RIN1513–AB04) received on November 7, 2005; Area’’ (I.D. No. 100605C) received on Novem- A. Charette Post Office’’; to the Committee to the Committee on the Judiciary. ber 7, 2005; to the Committee on Commerce, on Homeland Security and Governmental Af- EC–4613. A communication from the Gen- Science, and Transportation. fairs. eral Counsel, Department of Housing and EC–4622. A communication from the Acting By Mr. BURR: Urban Development, transmitting, pursuant Director, Office of Sustainable Fisheries, Na- S. 1990. A bill to amend title 38, United to law, the report of nomination confirma- tional Marine Fisheries Service, National States Code, to improve the outreach activi- tions for the following Presidentially-ap- Oceanic and Atmospheric Administration, ties of the Department of Veterans Affairs, pointed Senate-confirmed positions within transmitting, pursuant to law, the report of and for other purposes; to the Committee on the Department of Housing and Urban Devel- a rule entitled ‘‘Fisheries of the Exclusive Veterans’ Affairs. opment: Assistant Secretary for Fair Hous- Economic Zone Off Alaska; Atka Mackerel By Mr. BURR: ing and Equal Opportunity; Assistant Sec- in the Bering Sea and Aleutian Islands Man- S. 1991. A bill to amend title 38, United retary for Administration; Assistant Sec- agement Area’’ (I.D. No. 100705A) received on States Code, to establish a financial assist- retary for Policy Development and Research; November 7, 2005; to the Committee on Com- ance program to facilitate the provision of and General Counsel, received on November, merce, Science, and Transportation. supportive services for very low-income vet- 2005; to the Committee on Banking, Housing, EC–4623. A communication from the Acting eran families in permanent housing, and for and Urban Affairs. Director, Office of Sustainable Fisheries, Na- other purposes; to the Committee on Vet- EC–4614. A communication from the Chair- tional Marine Fisheries Service, National man and President (Acting), Export-Import erans’ Affairs. Oceanic and Atmospheric Administration, By Mr. LEVIN: Bank of the United States, transmitting, transmitting, pursuant to law, the report of pursuant to law, a report relative to trans- S. 1992. A bill for the relief of Marcos Anto- a rule entitled ‘‘Fisheries of the Exclusive nio Sanchez-Diaz; to the Committee on the actions involving U.S. exports to Qatar Economic Zone Off Alaska; Trawl Gear in (Qatar Liquefied Gas Company Limited); to Judiciary. the Gulf of Alaska’’ (I.D. No. 092805E) re- By Mr. KERRY: the Committee on Banking, Housing, and ceived on November 7, 2005; to the Com- Urban Affairs. S. 1993. A bill to provide for a comprehen- mittee on Commerce, Science, and Transpor- sive, new strategy for success in Iraq that in- EC–4615. A communication from the Chair- tation. man and President (Acting), Export-Import cludes a sustainable political solution and EC–4624. A communication from the Acting the redeployment of United States forces Bank of the United States, transmitting, Director, Office of Sustainable Fisheries, Na- pursuant to law, a report relative to trans- tied to specific political and military bench- tional Marine Fisheries Service, National marks; to the Committee on Foreign Rela- actions involving U.S. exports to Mexico Oceanic and Atmospheric Administration, (credit guarantee facility); to the Committee tions. transmitting, pursuant to law, the report of By Mr. HARKIN (for himself, Mr. on Banking, Housing, and Urban Affairs. a rule entitled ‘‘Fisheries of the Exclusive LUGAR, and Mr. OBAMA): EC–4616. A communication from the Coun- Economic Zone Off Alaska; Pollock in Sta- sel for Legislation and Regulations, Office of S. 1994. A bill to require that an increasing tistical Area 630 of the Gulf of Alaska’’ (I.D. percentage of new automobiles be dual fueled Public and Indian Housing, Department of No. 100705B) received on November 7, 2005; to Housing and Urban Development, transmit- automobiles, to revise the method for calcu- the Committee on Commerce, Science, and lating corporate average fuel economy for ting, pursuant to law, the report of a rule en- Transportation. titled ‘‘Project-Based Voucher Program’’ such vehicles, and for other purposes; to the EC–4625. A communication from the Acting Committee on Commerce, Science, and ((RIN2577–AC25)(FR–4636–F–02)) received on Director, Office of Sustainable Fisheries, Na- November 7, 2005; to the Committee on Bank- Transportation. tional Marine Fisheries Service, National By Mr. JEFFORDS (for himself, Mr. ing, Housing, and Urban Affairs. Oceanic and Atmospheric Administration, LAUTENBERG, Mrs. BOXER, and Mr. EC–4617. A communication from the Execu- transmitting, pursuant to law, the report of tive Director, United States Access Board, OBAMA): a rule entitled ‘‘Fisheries of the Exclusive S. 1995. A bill to amend the Federal Water transmitting, pursuant to law, the Board’s Economic Zone Off Alaska; Reallocation of report under the Inspector General Act and Pollution Control Act to enhance the secu- Pacific Cod in the Bering Sea and Aleutian rity of wastewater treatment works; to the the Federal Managers’ Financial Integrity Islands Management Area’’ (I.D. No. 100405D) Act for fiscal year 2005; to the Committee on Committee on Environment and Public received on November 7, 2005; to the Com- Works. Governmental Affairs. mittee on Commerce, Science, and Transpor- EC–4618. A communication from the Assist- By Mr. KOHL: tation. ant Legal Adviser for Treaty Affairs, Depart- S. 1996. A bill to authorize the Secretary of EC–4626. A communication from the Sec- ment of State, transmitting, pursuant to the Energy to temporarily prohibit the expor- retary of Health and Human Services, trans- Case-Zablocki Act, 1 U.S.C. 112b, as amended, tation of a finished petroleum product or liq- mitting, pursuant to law, the Fiscal Year the report of the texts and background state- uefied petroleum gas from the United States 2002 and 2003 Annual Reports on the Child ments of international agreements, other if the Secretary determines that the supply Support Enforcement Program; to the Com- than treaties (List 05–260—05–276); to the of the product or gas in any Petroleum Allo- mittee on Finance. Committee on Foreign Relations. cation Defense District has fallen or will fall EC–4619. A communication from the Acting f below expected demand; to the Committee Director, Office of Sustainable Fisheries, Na- REPORTS OF COMMITTEES on Banking, Housing, and Urban Affairs. tional Marine Fisheries Service, National By Mr. HARKIN (for himself, Mr. SCHU- Oceanic and Atmospheric Administration, The following reports of committees MER, Mrs. CLINTON, Mr. BINGAMAN, transmitting, pursuant to law, the report of were submitted: and Mr. REED):

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S. 1997. A bill to authorize the Secretary of CRAIG, Mr. CRAPO, Mr. DAYTON, Mr. S. 484 Energy to establish a program of energy as- DEMINT, Mr. DEWINE, Mr. DODD, Mrs. At the request of Mr. WARNER, the sistance grants to local educational agen- DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. name of the Senator from Kansas (Mr. cies; to the Committee on Energy and Nat- DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. BROWNBACK) was added as a cosponsor ural Resources. FEINGOLD, Mrs. FEINSTEIN, Mr. GRA- of S. 484, a bill to amend the Internal By Mr. CONRAD (for himself, Mr. VIT- HAM, Mr. GRASSLEY, Mr. GREGG, Mr. Revenue Code of 1986 to allow Federal TER, Mr. SALAZAR, Mr. NELSON of Ne- HAGEL, Mr. HARKIN, Mr. HATCH, Mrs. braska, Mr. JOHNSON, Mr. CHAMBLISS, HUTCHISON, Mr. INHOFE, Mr. INOUYE, civilian and military retirees to pay Mr. THUNE, Mr. HAGEL, Mr. ISAKSON, Mr. ISAKSON, Mr. JEFFORDS, Mr. health insurance premiums on a pretax Mr. LAUTENBERG, and Mrs. DOLE): JOHNSON, Mr. KENNEDY, Mr. KERRY, basis and to allow a deduction for S. 1998. A bill to amend title 18, United Mr. KOHL, Mr. KYL, Ms. LANDRIEU, TRICARE supplemental premiums. States Code, to enhance protections relating Mr. LAUTENBERG, Mr. LEAHY, Mr. S. 625 to the reputation and meaning of the Medal LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, At the request of Mr. SCHUMER, the of Honor and other military decorations and Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, name of the Senator from Louisiana awards, and for other purposes; to the Com- Mr. MCCAIN, Ms. MIKULSKI, Ms. MUR- (Mr. VITTER) was added as a cosponsor mittee on the Judiciary. KOWSKI, Mrs. MURRAY, Mr. NELSON of By Mr. KERRY: Florida, Mr. NELSON of Nebraska, Mr. of S. 625, a bill to amend the Internal S. 1999. A bill to amend the Workforce In- OBAMA, Mr. PRYOR, Mr. REED, Mr. Revenue Code of 1986 to allow a $1,000 vestment Act of 1998 to transfer the ROBERTS, Mr. ROCKEFELLER, Mr. refundable credit for individuals who YouthBuild program from the Department of SALAZAR, Mr. SANTORUM, Mr. SAR- are bona fide volunteer members of Housing and Urban Development to the De- BANES, Mr. SCHUMER, Mr. SESSIONS, volunteer firefighting and emergency partment of Labor, to enhance the program, Mr. SHELBY, Mr. SMITH, Ms. SNOWE, medical service organizations. and for other purposes; to the Committee on Mr. SPECTER, Ms. STABENOW, Mr. S. 633 Banking, Housing, and Urban Affairs. STEVENS, Mr. SUNUNU, Mr. TALENT, At the request of Mr. JOHNSON, the By Ms. MURKOWSKI (for herself and Mr. THOMAS, Mr. THUNE, Mr. VITTER, Mr. STEVENS): Mr. VOINOVICH, Mr. WARNER, and Mr. name of the Senator from Wyoming S. 2000. A bill to amend the Alaska Native WYDEN): (Mr. THOMAS) was added as a cosponsor Claims Settlement Act to provide for equi- S. Res. 305. A resolution expressing the of S. 633, a bill to require the Secretary table allotment of land to Alaska Native vet- sense of the Senate regarding Veterans Day of the Treasury to mint coins in com- erans; to the Committee on Energy and Nat- 2005; considered and agreed to. memoration of veterans who became ural Resources. By Mr. AKAKA (for himself and Mr. disabled for life while serving in the By Mr. THUNE: BOND): Armed Forces of the United States. S. 2001. A bill to amend title 38, United S. Res. 306. A resolution recognizing that S. 855 States Code, to improve the management of Veterans Day is a day to honor all veterans information technology within the Depart- of the Army and to support the Army Free- At the request of Mrs. MURRAY, her ment of Veterans Affairs by providing for the dom Team Salute’s mission to recognize the name was added as a cosponsor of S. Chief Information Officer of that Depart- unsung heroes who have served this country; 855, a bill to improve the security of ment to have authority over resources, budg- considered and agreed to. the Nation’s ports by providing Federal et, and personnel related to the support func- By Mr. ALLEN (for himself, Mr. grants to support Area Maritime tion of information technology, and for other INOUYE, Ms. MIKULSKI, Mrs. BOXER, Transportation Security Plans and to purposes; to the Committee on Veterans’ Af- Mr. WARNER, and Mr. AKAKA): address vulnerabilities in port areas fairs. S. Res. 307. A resolution to recognize and identified in approved vulnerability as- honor the Filipino World War II veterans for f sessments or by the Secretary of their defense of democratic ideals and their Homeland Security. SUBMISSION OF CONCURRENT AND important contribution to the outcome of SENATE RESOLUTIONS World War II; considered and agreed to. S. 1014 By Mr. DURBIN (for himself, Mr. ALEX- At the request of Ms. SNOWE, the The following concurrent resolutions ANDER, Mr. FEINGOLD, Mr. CRAIG, Mr. name of the Senator from South Da- and Senate resolutions were read, and AKAKA, Mr. COLEMAN, and Mr. COCH- kota (Mr. THUNE) was added as a co- referred (or acted upon), as indicated: RAN): sponsor of S. 1014, a bill to provide ad- By Mr. BINGAMAN (for himself, Mr. S. Res. 308. A resolution designating 2006 as ditional relief for small business own- ROCKEFELLER, Mr. REED, Mrs. CLIN- the ‘‘Year of Study Abroad’’; considered and ers ordered to active duty as members agreed to. TON, Mrs. MURRAY, Mr. BAUCUS, Ms. of reserve components of the Armed By Mr. FRIST (for himself, Mr. REID, MIKULSKI, Mr. CORZINE, Mr. LAUTEN- Forces, and for other purposes. BERG, Mr. DODD, and Mr. SALAZAR): Mr. LUGAR, Mr. BIDEN, Mr. BROWN- S. Res. 302. A resolution to express the BACK, and Mr. CHAFEE): S. 1173 sense of the Senate regarding the impact of S. Res. 309. A resolution expressing sym- At the request of Mr. DEMINT, the medicaid reconciliation legislation on the pathy for the people of Jordan in the after- name of the Senator from Louisiana health and well-being of children; to the math of the deadly terrorist attacks in (Mr. VITTER) was added as a cosponsor Committee on Finance. Amman on November 9, 2005; considered and of S. 1173, a bill to amend the National By Mr. LEAHY (for himself, Mr. KEN- agreed to. Labor Relations Act to ensure the By Mr. LAUTENBERG (for himself, NEDY, Mr. OBAMA, Mr. FEINGOLD, Mr. right of employees to a secret-ballot DODD, and Mr. DURBIN): Mr. VOINOVICH, Mr. BIDEN, Mr. LUGAR, Mr. CHAFEE, and Mr. BROWN- election conducted by the National S. Res. 303. A resolution calling for the Labor Relations Board. Government of Nigeria to conduct a thor- BACK): ough judicial review of the Ken Saro-Wiwa S. Res. 310. A resolution honoring the life, S. 1399 case, and for other purposes; to the Com- legacy, and example of Israeli Prime Min- At the request of Mr. THOMAS, the mittee on Foreign Relations. ister Yitzhak Rabin on the tenth anniversary name of the Senator from Mississippi By Mr. SPECTER (for himself and Mr. of his death; considered and agreed to. (Mr. COCHRAN) was added as a cospon- CORZINE): f sor of S. 1399, a bill to improve the re- S. Res. 304. A resolution to designate the sults the executive branch achieves on ADDITIONAL COSPONSORS period beginning on November 1, 2005 and behalf of the American people. ending on October 31, 2006 as the Year of S. 146 S. 1496 Polio Education; to the Committee on Health, Education, Labor, and Pensions. At the request of Mr. INOUYE, the At the request of Mr. CRAPO, the By Mr. FRIST (for himself, Mr. REID, name of the Senator from Virginia (Mr. names of the Senator from Alaska (Mr. Mr. MCCONNELL, Mr. AKAKA, Mr. ALLEN) was added as a cosponsor of S. STEVENS) and the Senator from Mon- ALEXANDER, Mr. ALLARD, Mr. ALLEN, 146, a bill to amend title 38, United tana (Mr. BAUCUS) were added as co- Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, States Code, to deem certain service in sponsors of S. 1496, a bill to direct the Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, the organized military forces of the Secretary of the Interior to conduct a Mrs. BOXER, Mr. BROWNBACK, Mr. Government of the Commonwealth of pilot program under which up to 15 BUNNING, Mr. BURNS, Mr. BURR, Mr. the Philippines and the Philippine States may issue electronic Federal BYRD, Ms. CANTWELL, Mr. CARPER, migratory bird hunting stamps. Mr. CHAFEE, Mr. CHAMBLISS, Mrs. Scouts to have been active service for CLINTON, Mr. COBURN, Mr. COCHRAN, purposes of benefits under programs S. 1504 Mr. COLEMAN, Ms. COLLINS, Mr. CON- administered by the Secretary of Vet- At the request of Mr. ENSIGN, the RAD, Mr. CORNYN, Mr. CORZINE, Mr. erans Affairs. name of the Senator from Georgia (Mr.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12683 CHAMBLISS) was added as a cosponsor of 1986, a bill to provide for the coordina- AMENDMENT NO. 2304 S. 1504, a bill to establish a market tion and use of the National Domestic At the request of Mr. HAGEL, the driven telecommunications market- Preparedness Consortium by the De- name of the Senator from New Hamp- place, to eliminate government man- partment of Homeland Security, and shire (Mr. SUNUNU) was added as a co- aged competition of existing commu- for other purposes. sponsor of amendment No. 2304 in- nication service, and to provide parity S. CON. RES. 62 tended to be proposed to H.R. 3010, a between functionally equivalent serv- At the request of Mr. MCCONNELL, bill making appropriations for the De- ices. the names of the Senator from Nevada partments of Labor, Health and Human S. 1508 (Mr. REID), the Senator from Michigan Services, and Education, and Related At the request of Mr. FEINGOLD, the (Mr. LEVIN), the Senator from Massa- Agencies for the fiscal year ending Sep- name of the Senator from Louisiana chusetts (Mr. KENNEDY), the Senator tember 30, 2006, and for other purposes. (Ms. LANDRIEU) was added as a cospon- from Washington (Ms. CANTWELL), the AMENDMENT NO. 2474 sor of S. 1508, a bill to require Senate Senator from Maryland (Ms. MIKUL- At the request of Mr. MARTINEZ, the candidates to file designations, state- SKI), the Senator from New Jersey (Mr. names of the Senator from Florida (Mr. ments, and reports in electronic form. LAUTENBERG), the Senator from Wis- NELSON), the Senator from Arizona S. 1735 consin (Mr. KOHL), the Senator from (Mr. KYL) and the Senator from Ohio At the request of Ms. CANTWELL, the Minnesota (Mr. DAYTON), the Senator (Mr. DEWINE) were added as cosponsors name of the Senator from Massachu- from Vermont (Mr. LEAHY), the Sen- of amendment No. 2474 intended to be setts (Mr. KENNEDY) was added as a co- ator from Tennessee (Mr. FRIST), the proposed to S. 1042, an original bill to sponsor of S. 1735, a bill to improve the Senator from Pennsylvania (Mr. authorize appropriations for fiscal year Federal Trade Commissions’s ability to SANTORUM), the Senator from Texas 2006 for military activities of the De- protect consumers from price-gouging (Mrs. HUTCHISON), the Senator from Ar- partment of Defense, for military con- during energy emergencies, and for izona (Mr. KYL), the Senator from struction, and for defense activities of other purposes. North Carolina (Mrs. DOLE), the Sen- the Department of Energy, to prescribe ENNETT personnel strengths for such fiscal year S. 1791 ator from Utah (Mr. B ), the Senator from Tennessee (Mr. ALEX- for the Armed Forces, and for other At the request of Mr. SMITH, the purposes. name of the Senator from Mississippi ANDER), the Senator from Virginia (Mr. ALLEN), the Senator from Kansas (Mr. AMENDMENT NO. 2476 (Mr. COCHRAN) was added as a cosponsor of S. 1791, a bill to amend the Inter- BROWNBACK), the Senator from Rhode At the request of Mr. DORGAN, the nal Revenue Code of 1986 to allow a de- Island (Mr. CHAFEE), the Senator from names of the Senator from Minnesota duction for qualified timber gains. Georgia (Mr. CHAMBLISS), the Senator (Mr. DAYTON) and the Senator from from Texas (Mr. CORNYN), the Senator West Virginia (Mr. BYRD) were added as S. 1926 from South Carolina (Mr. DEMINT), the cosponsors of amendment No. 2476 pro- At the request of Mr. INHOFE, the Senator from Ohio (Mr. DEWINE), the posed to S. 1042, an original bill to au- name of the Senator from Oklahoma Senator from Utah (Mr. HATCH), the thorize appropriations for fiscal year (Mr. COBURN) was added as a cosponsor Senator from Georgia (Mr. ISAKSON), 2006 for military activities of the De- of S. 1926, a bill to provide the Depart- the Senator from Alabama (Mr. SES- partment of Defense, for military con- ment of Justice the necessary author- SIONS), the Senator from Alabama (Mr. struction, and for defense activities of ity to apprehend, prosecute, and con- SHELBY), the Senator from Oregon (Mr. the Department of Energy, to prescribe vict individuals committing animal en- SMITH) and the Senator from Missouri personnel strengths for such fiscal year terprise terror. (Mr. TALENT) were added as cosponsors for the Armed Forces, and for other S. 1930 of S. Con. Res. 62, a concurrent resolu- purposes. At the request of Mr. REID, the tion directing the Joint Committee on AMENDMENT NO. 2477 names of the Senator from Connecticut the Library to procure a statue of Rosa At the request of Mr. TALENT, the (Mr. DODD), the Senator from Cali- Parks for placement in the Capitol. name of the Senator from Maine (Ms. fornia (Mrs. FEINSTEIN), the Senator S. RES. 9 SNOWE) was added as a cosponsor of from Maryland (Mr. SARBANES), the At the request of Mr. SALAZAR, his amendment No. 2477 proposed to S. Senator from New Jersey (Mr. LAUTEN- name was added as a cosponsor of S. 1042, an original bill to authorize ap- BERG) and the Senator from Louisiana Res. 9, a resolution expressing the propriations for fiscal year 2006 for (Ms. LANDRIEU) were added as cospon- sense of the Senate regarding designa- military activities of the Department sors of S. 1930, a bill to expand the re- tion of the month of November as ‘‘Na- of Defense, for military construction, search, prevention, and awareness ac- tional Military Family Month’’. and for defense activities of the De- tivities of the National Institute of Di- S. RES. 219 partment of Energy, to prescribe per- abetes and Digestive and Kidney Dis- At the request of Mrs. FEINSTEIN, the sonnel strengths for such fiscal year eases and the Centers for Disease Con- names of the Senator from Connecticut for the Armed Forces, and for other trol and Prevention with respect to in- (Mr. DODD) and the Senator from Mary- purposes. flammatory bowel disease. land (Mr. SARBANES) were added as co- AMENDMENT NO. 2481 S. 1959 sponsors of S. Res. 219, a resolution At the request of Mr. SALAZAR, the At the request of Mr. KERRY, the designating March 8, 2006, as ‘‘Endan- name of the Senator from Rhode Island names of the Senator from Wisconsin gered Species Day’’, and encouraging (Mr. CHAFEE) was added as a cosponsor (Mr. FEINGOLD), the Senator from Min- the people of the United States to be- of amendment No. 2481 intended to be nesota (Mr. DAYTON) and the Senator come educated about, and aware of, proposed to S. 1042, an original bill to from Connecticut (Mr. DODD) were threats to species, success stories in authorize appropriations for fiscal year added as cosponsors of S. 1959, a bill to species recovery, and the opportunity 2006 for military activities of the De- direct the Architect of the Capitol to to promote species conservation world- partment of Defense, for military con- obtain a statue of Rosa Parks and to wide. struction, and for defense activities of place the statue in the United States S. RES. 232 the Department of Energy, to prescribe Capitol in National Statuary Hall. At the request of Mr. ALLEN, his personnel strengths for such fiscal year S. 1975 name was added as a cosponsor of S. for the Armed Forces, and for other At the request of Mr. OBAMA, the Res. 232, a resolution celebrating the purposes. name of the Senator from Massachu- 40th anniversary of the enactment of AMENDMENT NO. 2485 setts (Mr. KERRY) was added as a co- the Voting Rights Act of 1965 and re- At the request of Mr. AKAKA, the sponsor of S. 1975, a bill to prohibit de- affirming the commitment of the Sen- names of the Senator from Mississippi ceptive practices in Federal elections. ate to ensuring the continued effective- (Mr. COCHRAN), the Senator from Con- S. 1986 ness of the Act in protecting the voting necticut (Mr. DODD), the Senator from At the request of Mr. SALAZAR, his rights of all citizens of the United Illinois (Mr. DURBIN) and the Senator name was added as a cosponsor of S. States. from Wisconsin (Mr. FEINGOLD) were

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12684 CONGRESSIONAL RECORD — SENATE November 10, 2005 added as cosponsors of amendment No. ence will be deeply missed by all those are moving to the State because many 2485 proposed to S. 1042, an original bill who knew and loved her. of them were stationed there while on to authorize appropriations for fiscal This legislation will pay proper trib- active duty, and they have moved back year 2006 for military activities of the ute to this remarkable young woman, because of the quality of life in North Department of Defense, for military and commemorate her valor for future Carolina. construction, and for defense activities generations. I ask my colleagues to I have two bills I have introduced of the Department of Energy, to pre- join me in honoring Lance Corporal today that I believe will improve the scribe personnel strengths for such fis- Holly A. Charette by supporting this services we currently provide to our cal year for the Armed Forces, and for bill. veterans. The first is the Services to other purposes. I ask unanimous consent that the Prevent Veterans Homelessness Act f text of this legislation to name the which makes grants to nonprofit and post office in Cranston after Lance Cor- faith-based organizations to provide STATEMENTS ON INTRODUCED poral Charette be printed in the BILLS AND JOINT RESOLUTIONS services to extremely low-income vet- RECORD. erans who are in permanent housing. By Mr. REED (for himself and There being no objection, the bill was The goal is to keep them from becom- Mr. CHAFEE): ordered to be printed in the Record, as ing homeless. The services provided for S. 1989. A bill to designate the facil- follows: in this bill—from vocational coun- ity of the United States Postal Service S. 1989 seling and personal finance planning to located at 57 Rolfe Square in Cranston, Be it enacted by the Senate and House of Rep- health and rehabilitation—were de- Rhode Island, shall be known and des- resentatives of the United States of America in signed to address the root causes of ignated as the ‘‘Holly A. Charette Post Congress assembled, homelessness. Office’’; to the Committee on Home- SECTION 1. HOLLY A. CHARETTE POST OFFICE. The VA estimates on any given night land Security and Governmental Af- (a) DESIGNATION.—The facility of the fairs. United States Postal Service located at 57 as many as 200,000 veterans are home- Mr. REED. Mr. President, I rise Rolfe Square in Cranston, Rhode Island, less and as many as 400,000 are home- today to pay tribute to one of Rhode shall be known and designated as the ‘‘Holly less at some point during the year. We Island’s brave soldiers, Lance Corporal A. Charette Post Office’’. also know that 45 percent of the home- (b) REFERENCES.—Any reference in a law, Holly A. Charette, who was killed in less veterans have a mental illness, and map, regulation, document, paper, or other 50 percent have some sort of addiction. Iraq on June 23, 2005. In honor of her record of the United States to the facility re- sacrifice, I am introducing a bill, along ferred to in subsection (a) shall be deemed to The cost of this bill is $25 million an- with Senator CHAFEE, to name the post be a reference to the ‘‘Holly A. Charette Post nually, a small sum to help the poorest office at 57 Rolfe Square in Cranston, Office’’. of our veterans. In North Carolina RI, the ‘‘Holly A. Charette Post Of- alone, over 43,000 veterans live below fice.’’ By Mr. BURR: the poverty line. This bill would allow Twenty-one year old Holly Charette S. 1990. A bill to amend title 38, the VA to partner with nonprofits in died when a suicide bomber in Fallujah United States Code, to improve the order to help poor veterans escape the attacked the military convoy in which outreach activities of the Department root causes of homelessness. I urge the she was riding. This was the deadliest of Veterans Affairs, and for other pur- Senate to consider whether we are attack on women in the U.S. military poses; to the Committee on Veterans’ doing enough on this issue. More im- since the start of operations in Iraq, Affairs. portantly, I invite my colleagues to and yet another example of the vio- study this bill and to become a cospon- By Mr. BURR: lence that continues to plague our sol- sor. S. 1991. A bill to amend title 38, diers serving in this conflict. United States Code, to establish a fi- Next, I introduced the Veterans Out- Those who were close to Holly de- reach Improvement Act which author- scribe her as a happy and positive nancial assistance program to facilitate the provision of supportive serv- izes the Secretary of Veterans Affairs young woman loved by all those who to partner with State and local govern- knew her. She was a cheerleader at ices for very low-income veteran families in permanent housing, and for ments for outreach to veterans. This Cranston East High School, where she bill provides grants to State veterans worked hard in college-prep courses. other purposes; to the Committee on Veterans’ Affairs. agencies and county veterans service Her teachers remember her as a offices to help them with outreach and ‘‘bright, shining star.’’ Mr. BURR. Mr. President, I rise today to honor our Nation’s veterans claims development and to provide Holly had dreams of becoming a post- education and training of officers. The al worker. Instead, in 2002, she made for their service and their sacrifice. We will celebrate Veterans Day tomorrow, bill would also authorize $25 million the choice to serve her Nation by join- annually for this outreach program. ing the U.S. Marine Corps. and I am proud of the improvements we She was deployed to Iraq in March of have made in providing benefits and County veterans service officers are this year with her unit from Camp care to our country’s heroes. charged with assisting veterans and Lejeune, NC, and assigned to Head- In the past 10 years, since I first their dependents in seeking benefits as quarters Battalion, 2nd Marine Divi- came to Congress, the veterans budget a supplement to the work being per- sion, II Marine Expeditionary Force. It has increased by 77 percent, an annual formed by the Department of Veterans was here that Holly was able to com- average increase of over 7 percent. The Affairs. They are overseen by the Divi- bine her dreams of postal service with VA’s health care budget has increased sion of Veterans Affairs in North Caro- that of serving her Nation. over 85 percent during this time. We lina and receive accreditation from or- During her service in Iraq, Holly uti- have also enacted a fix to the concur- ganizations approved by the Secretary lized her strong organizational skills to rent receipt problem and made of Veterans Affairs. Many veterans take on and complete various adminis- groundbreaking progress with comput- need assistance in filing claims in trative tasks, including that of mail erized health records at the Veterans order to make sure that the claim is delivery to the troops. She became Department. I am proud of these ef- accurate and complete. County vet- known as the ‘‘Marine who brought the forts, but I certainly understand the erans service officers and officials from good news.’’ Holly never forgot a name, need to do more to stay ahead of the State veterans agencies are often the and would often stop Marines in the curve. officials who can actually sit down face mess hall to let them know that they I also want to detail the recent to face with a veteran to develop a had mail. growth in the veterans population in claim and to send it to the VA. This The day that Holly was killed, she North Carolina. Our State’s veteran bill makes the VA a partner in that was working with Iraqi security forces population has increased by over outreach process. to prevent insurgents from gaining a 100,000, to 780,000 veterans since 1980. On the eve of Veterans Day this year, foothold in that country. This growth rate comes at a time I join my colleagues in honoring vet- Her tragic passing has touched the when the number of veterans in the erans across this country for their he- lives of Rhode Islanders. Holly’s pres- United States is decreasing. Veterans roic service to our Nation.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12685 By Mr. HARKIN (for himself, Mr. Right now, these ‘‘flex-fuel’’ vehicles don’t run yet on E85, we phase-down LUGAR, and Mr. OBAMA): cost at most an additional $100 or so to the assumed use from 50 percent in the S. 1994. A bill to require that an in- produce. Some cost estimates are as first model year the requirement ap- creasing percentage of new auto- low as $50. Many auto manufacturers plies to 30 percent in the second year, mobiles be dual fueled automobiles, to offer them to customers at no addi- 10 percent the third year, and 0 percent revise the method for calculating cor- tional cost. But few Americans are thereafter. This should still spur inter- porate average fuel economy for such even aware of the option. est among automakers in the early vehicles, and for other purposes; to the At a time of record-high gas prices years of the requirement to go beyond Committee on Commerce, Science, and and continued instability in the Middle the minimum FFV production levels Transportation. East and other oil-producing countries outlined in the bill to get the extra Mr. HARKIN. Mr. President, when we of the world, I believe that all Ameri- credits. And in the meantime the FFV talk about moving toward energy inde- cans deserve the option to choose the requirement is kicking in and the ramp pendence in this country, we are really fuel they put in their car. up of FFVs won’t dilute or weaken speaking to the issue of reducing In Brazil, all new vehicles on the CAFE. America’s dangerous dependence on road are expected to be flex-fuel-ready This bill will give American con- imported oil. Our addiction to oil is by 2008—meaning every new vehicle sumers true choice in fuel selection for most acute in the U.S. transportation owner will have the choice to fill up the first time. Drivers will have the op- sector where a stunning ninety-seven with gasoline, ethanol, or a combination to choose low-price, high-perform- percent of our fuel comes from petro- tion of the two. If the Brazilians can do ance E85, or another fuel. My firm be- leum—97 percent. In the electricity it, why can’t we? lief is that consumers will choose to sector we have largely turned away That’s why today Mr. LUGAR, Mr. buy home-grown renewable fuels that from oil but not so in transportation. OBAMA and I are introducing the Fuel directly reduce oil dependence rather Fortunately a growing percentage of Security and Consumer Choice Act to than buy traditional fossil fuels often transportation energy is now coming require that automobile manufacturers derived from unstable regimes around from clean, domestically-produced re- equip a growing percentage of new ve- the globe. newable fuels like ethanol and bio- hicles sold in the U.S. for flexible fuel Now, I don’t doubt some automobile diesel. With the nearly 8-billion-gallon operation. Mr. LUGAR is a leader in pro- manufacturers will complain that this Renewable Fuels Standard now the law moting research and development into requirement is unduly onerous, that it of the land, renewable fuels will supply the conversion of cellulosic biomass will hurt the industry somehow. Well, I 5 percent of the energy for our pas- into useable fuels. Mr. OBAMA is a lead- heard the same thing back in 1989 when senger vehicles by 2012, perhaps more. er in promoting renewable fuels and in I proposed another revolutionary idea: These home-grown, environmentally particular E85. closed captioning for TV sets. Industry friendly alternatives made from corn, Starting eighteen months after the was in an uproar when I suggested that soybeans and other sources of biomass bill’s enactment, manufacturers will be the hearing impaired should have ac- are helping to improve air quality, re- required to equip 10 percent of their cess to television programming on the duce greenhouse gas emissions and en- cars and light trucks with flex-fuel ve- public airwaves. The industry said hance the rural economy while sub- hicle, FFV, capability. This is a modest closed captioning would bankrupt it stantially reducing dependence on for- proposal. Several manufacturers are and drive the price of televisions eign oil. close to meeting or beating this re- through the roof. The best part of this trend is that the quirement already. But then, an amazing thing hap- health, community, and domestic secu- Each model year thereafter, the re- pened. Electronics manufacturers real- rity benefits of renewable fuels come quirement increases 10 percentage ized that they could reach a broad with the bonus of price savings at the points, so in the second year the manu- range of new audiences, including not pump. Ethanol prices in this country facturers would have to make at least just the hearing impaired, but also the can be as much as 70 cents a gallon less 20 percent of their vehicles FFVs, and learning disabled, and immigrants for than regular gasoline. Drivers in my so on, until in about ten years’ time 100 whom English is a second language. State of Iowa are saving as much as 10 percent of new vehicles sold in the Sales for several companies reached an cents a gallon on E10—a blend of just 10 United States are flex fuel. I recognize all-time high, and with implementa- percent ethanol and 90 percent gaso- that we could be more aggressive in tion across the electronics industry, line. This is a savings of about $100 a our timetable, but I believe we’ve the cost of the closed captioning chip year for a typical family. struck the right balance here in push- dropped dramatically to less than a A report earlier this year by the Con- ing and prodding. dollar a set. sumer Federation of America found In addition, the bill allows auto man- I have no doubt that vehicle manu- that consumers throughout our coun- ufacturers to bank and trade FFV cred- facturers will discover similar unex- try would experience similar savings if its toward meeting the requirements. pected efficiencies and benefits with all refiners offered E10. That is a sig- In other words, if one company pro- flex fuel vehicles. As more Americans nificant savings in all regions of the duced more than its required percent- discover the savings from flexible fuels, country. Now, consider the savings if age of FFV vehicles in a given year, it the more they will seek them out. ethanol and other renewable fuels were could trade or sell extra credits earned What better way to boost car sales blended not at 10 percent, but at 85 per- to another company that would then than to market the fuel cost savings cent or more. That $100 a year savings use them to meet the bill’s require- that flexible fuel vehicles offer? Any turns into hundreds of dollars each ments. Credits would have a three-year very small additional cost of the flex- year for a typical family. window if banked or traded. This bank- fuel vehicle will be more than offset by Unfortunately, right now only about ing and trading provision is similar to the price benefits drivers will achieve two percent of vehicles on the road in others in law, in the RFS for example, from a flexible fuel supply over time, the United States can use ethanol making it that much easier for compa- not to mention the tremendous energy blends of 85 percent—what we call E85. nies to meet statutory obligations at security benefits for our Nation. It turns out standard gasoline engines the lowest possible cost. The country will benefit from cleaner aren’t designed for the different fuel to Finally, the bill would leave intact air, reduced greenhouse gas emissions, oxygen ratio. the corporate average fuel economy reduced dependence on foreign oil, and The good news is, manufacturing a (CAFE) credits for FFV production. an enhanced rural economy. Simply, new vehicle to run on E85 or other However, the bill would change the put, this is a low-cost measure with a clean alternative fuel blends is sim- way the credits are calculated for vehi- tremendous payoff. ple—the manufacturer adds a fuel sen- cles produced above the required per- It is already well-established that sor and modifies the engine calibration centages. Rather than keeping the as- federal auto standards for the benefit and fuel line to allow the vehicle to run sumption that the vehicle runs 50 per- of our Nation are an appropriate policy on gasoline or a combination of gas and cent of the time on fuel like E85, which option. It’s also important to note that alternative fuels. isn’t an appropriate figure since most auto manufacturers already comply

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12686 CONGRESSIONAL RECORD — SENATE November 10, 2005 with literally dozens of other require- production capacity cannot keep pace. This legislation is designed to improve ments having to do with the make-up, And that means U.S. gas prices likely the safety and security of our Nation’s design, and performance of their vehi- will remain high for the foreseeable fu- wastewater treatment systems. cles. Making an FFV is a lot cheaper ture. There are 16,000 wastewater treat- than putting in air bags, or many other More so than at any other time in a ment facilities across the United components. generation, our economy is exposed. In States serving almost 190 million peo- Agriculture and renewable fuels pro- the year 2035, will the American mar- ple. Approximately 1,600 facilities are ducers are ready to provide the fuel. ket be shackled still to foreign oil? located near large metropolitan areas. Automobile manufacturers have the Will we question whether bolder past These industrial facilities use large technology to do it. Given the coun- policies could have prevented future quantities of toxic chemicals in their try’s great energy and security chal- crisis? treatment and disinfection processes, lenges, all sectors must do their part to The response to these questions can and their collection systems run be- chart a path toward energy independ- be ‘‘no’’ if we begin now. neath every city and town in America. ence: government, individual citizens, For about $100 worth of hoses and A recent Department of Homeland energy companies, and yes, auto manu- sensors, we can make our cars run on Security planning scenario estimates facturers. ethanol made from homegrown corn. that a chlorine tank explosion could I’m grateful that this legislation has Automakers made 1 million of these result in 17,500 deaths, 10,000 severe in- been endorsed by a wide array of re- cars this year. We have the technology, juries, and 100,000 hospitalizations. In newable fuel, agriculture, clean energy and it is proven. With 200 million cars February 2005, the Government Ac- and security organizations, including on the road, and 17 million more each countability Office (GAO) released a re- the Renewable Fuels Association, year, why can’t more cars run on eth- port on wastewater security which American Coalition for Ethanol, Alli- anol? ranks the release of chlorine as the ance to Save Energy, Set America The answer is they can, and that is number two security risk after damage Free, and National Corn Growers Asso- why I am pleased to join my colleagues to sewer collection systems. In the past few years alone, fatal ac- ciation. from Iowa and Indiana, Senators HAR- cidents involving large quantities of In closing I want to recognize Mr. KIN and LUGAR, in introducing legisla- chlorine have reminded us of the high- LUGAR and Mr. OBAMA for co-spon- tion to require all cars made in the ly volatile nature of this popular soring this legislation with me today. United States to be ethanol-capable ve- wastewater disinfection agent. In Jan- Mr. LUGAR and I have teamed up many hicles within 10 years. uary 2005, 9 people were killed in South times over the years, most recently to Making ethanol cars is not expensive. Carolina when a train carrying chlo- enact the national Renewable Fuels It is less than the cost of airbags. It is rine gas was involved in a crash. In Standard, which we did as part of the less than the cost of a sunroof. It is less June 2004, 3 people died when two comprehensive energy bill. This bill than the cost of foglights. It is less freight trains collided in Texas and builds upon the RFS, to guarantee that than the cost of a fancy CD player. It caused a chlorine tank to rupture. renewable fuels which are being pro- is less than the cost of heated seats. At the very least, wastewater facili- duced in ever greater abundance can Making ethanol cars is not restric- ties that use chlorine should evaluate find a home in just about any vehicle tive. These cars are known as flexible how the chemical is stored on site and on the market a few short years from fuel vehicles. Where ethanol is not yet how to react in the event of a harmful now. I am thankful for his leadership available, you simply fill up with reg- intentional act. The GAO report on on this and so many other important ular gas. wastewater security recommends man- energy security issues. I am also grate- And making ethanol cars is good for datory vulnerability assessments and ful to Mr. OBAMA for his leadership. American automakers, because Amer- emergency response plans as an imme- I hope we can rapidly enact this leg- ican automakers have a head start. Al- diate step towards addressing the secu- islation. ready, 5 percent to 7 percent of their rity concerns. Mr. OBAMA. Mr. President, oil com- fleet can run on ethanol. We are only The Wastewater Treatment Works panies recently announced record prof- asking for an increase over a decade. Security Act takes the essential first its. Those of us who drive cars and I remind my colleagues that the re- step in closing the security gaps that trucks could feel our wallets shrink at newable fuels standard enacted in the make our wastewater treatment sys- the news. Throughout most of this Energy bill of 2005 will incorporate tems vulnerable to terrorist attack. year, American drivers have paid the enough ethanol into our fuel supply to The provisions contained in this bill highest gas prices of all time—more so reduce the use of foreign oil. The Har- are the product of four years worth of in the wake of refinery disruptions kin-Lugar-Obama bill, if enacted, lessons learned since 9/11, mirroring caused by Hurricane Katrina. While pe- would accelerate that reduction. And similar legislative efforts to secure troleum company shareholders enjoy we can do it without hardship, without critical infrastructure and minimize healthy stock dividends, the rest of us requiring drivers to purchase matchbox potential terrorist targets. hemorrhage the cash. Industry ana- cars, without proposing futuristic tech- This legislation requires all waste- lysts explain it away as ‘‘business is nologies that only our great-great- water facilities to conduct vulner- business.’’ grandchildren’s children will see. ability assessments and to develop or Sound familiar? In the 1970s, political The Harkin-Lugar-Obama bill trans- modify site security and emergency re- conflicts compelled Middle East oil forms existing, inexpensive, and simple sponse plans to incorporate the results sheiks to tighten their reins on oil pro- technology into a genuine movement of the vulnerability assessments. duction, sending shockwaves through- towards energy independence for the Treatment works must certify that al- out our economy and creating long United States within a time period ternative approaches, such as using lines at the gas pump. Congress re- that we all can witness. I urge my col- smaller quantities or replacing sub- sponded with laws promoting energy leagues’ swift approval of this legisla- stances of concern, were considered in conservation and fuel efficiency that tion. their site security plans. It requires we thought would reduce our depend- that these documents be submitted to ence on foreign oil. By Mr. JEFFORDS (for himself, EPA for review, and it includes signifi- Unfortunately, 30 years later, here Mr. LAUTENBERG, Mrs. BOXER, cant security measures to protect this we are again. The Middle East remains and Mr. OBAMA): information from unauthorized disclo- in turmoil, and the engines of America S. 1995. A bill to amend the Federal sure. remain firmly fueled on foreign oil. Ex- Water Pollution Control Act to en- Additionally, the legislation author- acerbating the problem is that the hance the security of wastewater treat- izes $250 million for assistance in com- economies of China and India—two na- ment works; to the Committee on En- pleting vulnerability assessments, for tions totaling over 2 billion citizens— vironment and Public Works. immediate security improvements, and are quickly expanding, and they are Mr. JEFFORDS. Mr. President, today for assistance to small treatment competing with the U.S. for the same I rise to introduce the Wastewater works. Finally, it authorizes $15 mil- pool of oil. Quite simply, worldwide Treatment Works Security Act of 2005. lion for research to identify threats,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12687 detection methods and response ac- supply-and-demand trends, and lost en- ditions’’ and the desire to ensure ade- tions. This bill makes tangible progress ergy production during the recent hur- quate supplies of home heating oil for towards more secure and better pre- ricanes.’’ John Hofmeister, the Presi- the winter. And I would remind the pared wastewater treatment works. dent of Shell Oil Company, told Sen- President of Shell that his company By contrast, drinking water facilities ators that the industry is doing every- was one of them. have conducted vulnerability assess- thing in its power to ‘‘supply short- Americans across the country could ments under the Safe Drinking Water falls.’’ face potentially life-threatening condi- Act since 2002, when Congress passed Given the testimony of Mr. tions this winter, when temperatures H.R. 3448, the Public Health and Bio- Hofmeister, I find it surprising to note drop and home heating prices soar. I terrorism Preparedness Response Act, that currently, American companies believe that the oil companies have it P.L. 107–188. These plants are often co- are actually exporting products that in their power to prevent such a cri- located. It makes no sense to adopt could be used for home heating. Ac- sis—if they fail to use it, I believe it is strong standards for one infrastructure cording to the EIA, between January the responsibility of the Federal Gov- sector and not the other. In anticipa- and August 2005 more than 48 million ernment to protect American families. tion of congressional action on waste- barrels of refined product was exported I ask unanimous consent that the text water security, EPA has already issued out of the U.S. This amount is 24 times of our legislation be printed in the guidance on conducting vulnerability the size of what is stored in the North- RECORD. assessments of wastewater treatment east Heating Oil Reserve. While some There being no objection, the bill was works, and many plants have already of this went to both Canada and Mex- ordered to be printed in the RECORD, as completed them. ico, large quantities were also sent to follows: The Wastewater Treatment Works Argentina, Chile, France and Peru. Security Act will codify what are now I believe my constituents would be S. 1996 voluntary prevention and security shocked to hear that while the oil com- Be it enacted by the Senate and House of Rep- measures and require all wastewater panies are blaming high prices on low resentatives of the United States of America in facilities to complete vulnerability as- supplies, they are also reaping the ben- Congress assembled, sessments and emergency response efits of exporting home heating oil SECTION 1. SHORT TITLE. plans, just as drinking water facilities abroad. That is why, on November 4th, This Act may be cited as the ‘‘Stop Heat- have done since 2002. I, along with 11 of my colleagues, wrote ing Oil Exports Act of 2005’’. Our homeland security strategy be- to several of the major oil companies SEC. 2. FINDINGS. gins with protecting critical infra- and refiners, asking them to volun- Congress finds that— structure, and wastewater treatment tarily halt all unnecessary exports of (1) according to the Energy Information facilities can no longer remain the ex- products that could be used for home Administration, households heated primarily ception. I urge my colleagues to sup- heating. Such action would not be with heating oil can expect to pay an aver- port this legislation. without precedent: in 2000, some refin- age increase of $378, or 32 percent more than last year, to heat their homes; ers, including Shell Oil, voluntarily By Mr. KOHL: (2) households relying on propane can ex- suspended heating oil exports after pect to pay, on average, $325 more this win- S. 1996. A bill to authorize the Sec- consulting with then Energy Secretary ter; retary of Energy to temporarily pro- Richardson. We have not yet heard a (3) the National Oceanic and Atmospheric hibit the exportation of a finished pe- response from any of the companies. Administration projects a 3.2-percent colder troleum product or liquefied petroleum I remain hopeful that these compa- winter than last year, and if colder weather gas from the United States if the Sec- nies will help American consumers by prevails, home heating expenditures will be retary determines that the supply of temporarily suspending their unneces- significantly higher; the product or gas in any Petroleum sary exports. Yesterday’s hearing, how- (4) high home heating prices will dis- Allocation Defense District has fallen proportionately impact moderate- and low- ever, did not inspire confidence in the income families; or will fall below expected demand; to companies to act on behalf of con- (5) in October 2000, the Secretary of En- the Committee on Banking, Housing, sumers rather than profits. That is why ergy, Bill Richardson, successfully worked and Urban Affairs. I am introducing the Stop Heating Oil with major refiners to temporarily halt heat- Mr. KOHL. Mr. President, I would Exports bill today. ing oil exports, to ensure adequate supplies like to address an issue that I know my My legislation would grant emer- of home heating oil for the winter; constituents in Wisconsin are worried gency powers to the Energy Secretary (6) between January and August 2005, refin- about; indeed, something that all to halt all unnecessary exports in the ers in the United States have exported more Americans should be concerned about. face of a serious price spike or supply than 48,000,000 barrels, or 2,000,000,000 gal- On Tuesday, the Energy Information lons, of product that could be used for home shortfall. It is that simple. If the Sec- heating; and Administration (EIA) announced the retary finds that demand will heavily (7) at a time when consumers in the United most recent outlook for home heating outpace supply, then he or she should States can expect nearly double their home costs. For the average family, the cost be able to stop exports—thereby tem- heating costs in 2004, refiners in the United of heating oil will increase approxi- porarily improving supply, and pre- States should not be diminishing the supply mately $325. And for families relying venting a major price spike, such as by exporting home heating products. on propane, they can expect to pay an the one we can expect this winter. SEC. 3. AUTHORITY TO TEMPORARILY PROHIBIT increase of about $230. I would like to Yesterday, the oil companies cau- EXPORT OF CERTAIN PETROLEUM stress that this is the average; in some tioned those of us in Congress against PRODUCTS. areas, the prices could be much higher. policy changes that would amount to If the Secretary of Energy determines that And while these increased costs will long-term involvement in energy mar- the supply of a finished petroleum product or liquefied petroleum gas in any of the 5 Petro- place an undue burden on all sectors of kets. I would assure these executives leum Allocation Defense Districts has fallen the economy, the heaviest toll will that my legislation is a simple, short- or will fall below expected demand for the clearly be on middle and low-income term answer that is designed to protect product or gas, the Secretary may tempo- families. American consumers. The companies rarily prohibit the exportation of the prod- Yesterday, executives from several have a chance to do the right thing, to uct or gas from the United States. major oil companies were called to increase supply and avoid the signifi- Capitol Hill, to defend the nearly $33 cantly increased home heating prices By Mr. HARKIN (for himself, Mr. billion they earned last quarter. The that have been forecasted. SCHUMER, Mrs. CLINTON, Mr. answers they gave, for why Americans I believe that in the future, if they BINGAMAN, and Mr. REED): could expect to pay significantly more fail to use such an opportunity, the En- S. 1997. A bill to authorize the Sec- to heat their homes this winter, often ergy Secretary should have the power retary of Energy to establish a pro- were directed at the economics of sup- to intervene on behalf of consumers. I gram of energy assistance grants to ply and demand. The Chairman and would remind my colleagues that in local educational agencies; to the Com- CEO of ConocoPhillips argued that 2000, as many as 4 refiners voluntarily mittee on Energy and Natural Re- prices are ‘‘a function of longer-term suspended exports, citing ‘‘market con- sources.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12688 CONGRESSIONAL RECORD — SENATE November 10, 2005 Mr. HARKIN. Mr. President, today, I transportation programs. Many school lief Act. This legislation meets the am introducing the School Energy Cri- districts are lowering their thermo- needs of struggling school districts by sis Relief Act. This bill would author- stats to unhealthful levels. In fact, just authorizing the Secretary of Energy to ize the Secretary of Energy to award yesterday, I heard that the school dis- award grants to poor school districts School Energy Grants to the poorest trict in Ottumwa, IA, has asked par- struggling to balance skyrocketing en- school districts in each State. I am ents to start sending kids to school ergy costs with providing a quality pleased that Senators Schumer, Clin- with coats to keep them warm indoors. education. Grants would be awarded to ton, and Bingaman have joined me in This is just not acceptable. the poorest urban and rural school dis- sponsoring this bill. In addition, I remind my colleagues tricts in each state. In Iowa alone, this With cold weather setting in, people that school districts—especially high- means both poor rural and urban dis- all across the country are worried poverty school districts—are strug- tricts would be eligible to receive about the sky-high cost of energy. gling heroically to try to meet the re- grants. Americans are feeling pain at the quirements of the No Child Left Behind I ask for my colleagues support for pump, and they are feeling even more Act. It is penny wise and pound foolish the School Energy Crisis Relief Act pain at home, with home-heating costs to force these districts to cut instruc- and urge the Senate to work quickly to expected to rise as much as 70 percent tional staff and classroom resources in pass this crucial legislation and pro- above last year’s levels. order to pay their higher energy bills. vide relief to those school districts in At the same time, many public And none of us can be comfortable with need. school districts across the country are the prospect of children sitting at their struggling to cope with a dramatic, un- school desks in coats and scarves to By Mr. CONRAD (for himself, Mr. expected surge in their energy costs. fight off the chill. As I said, this is just VITTER, Mr. SALAZAR, Mr. NEL- Schools are facing a double hit: they not acceptable. SON of Nebraska, Mr. JOHNSON, The poorest school districts all operate large fleets of buses, and they Mr. CHAMBLISS, Mr. THUNE, Mr. across America are in desperate need of must heat large, sprawling buildings. HAGEL, Mr. ISAKSON, Mr. LAU- assistance with their energy costs. This problem is especially acute in the TENBERG, and Mrs. DOLE): Low-income children deserve the op- S. 1998. A bill to amend title 18, West and Midwest, where many school portunity to learn and achieve in class- United States Code, to enhance protec- districts cover large geographic areas, rooms that are properly heated. And tions relating to the reputation and and in urban areas, which are burdened we certainly don’t want schools to be meaning of the Medal of Honor and with some of the nation’s oldest and eliminating school days and laying off other military decorations and awards, often least energy-efficient buildings. teachers because of higher energy and for other purposes; to the Com- For affluent suburban districts, these costs. So we need to act. I urge my col- mittee on the Judiciary. unanticipated energy costs are a chal- leagues to support the School Energy Mr. CONRAD. Mr. President, it is an lenge. But for poor school districts, Crisis Relief Act so we can respond to honor for me to introduce the Stolen they are a full-blown crisis. Many this emergency as expeditiously as pos- Valor Act of 2005. This legislation will school boards face a choice between sible. According to the Iowa Associa- honor the brave veterans of our Nation paying their higher energy bills or cut- tion of School Boards, this has led to who have been awarded valorous med- ting instructional staff and programs. some schools deciding to scale back als for their service to our Nation. It is My bill would allow the Secretary of after-school activities because of heat- only appropriate that this bill be intro- Energy to award grants to schools dis- ing costs and to cut non-varsity sports duced today, the day before our coun- tricts with the highest percentage and because they lack funding necessary to try remembers all servicemen and highest number of students eligible for take them to games. It is very trou- women—past and present—who have Title I assistance. The grant amounts bling to me that schools have been served America in uniform. would be awarded based on the popu- forced to make cuts that have directly Recipients of the Medal of Honor, lation of school-age children in the dis- affected the educational experience of Distinguished Service Awards, Silver trict, as well as the regional costs of the children in their schools, in the Star, or Purple Heart have made in- transportation and heating fuel. name of rising fuel costs. For instance, credible sacrifices for our country. This is a nationwide crisis, and it some schools have had to cut back on They deserve our thanks and respect. calls for an urgent Federal response. field trips, put off buying new text Unfortunately, however, there are School districts across the country are books and school supplies, while reduc- some individuals who diminish the ac- already implementing drastic measures ing course offerings in fine arts and complishments of award recipients by in response to higher energy costs. In academics. using medals they have not earned. Kentucky, for instance, several school In addition, the Iowa Association of These imposters use fake medals—or districts have cut back to four days of School Boards has reported that claim to have medals that they have classes per week. In September, most schools have cut back on staff and in- not earned—to gain credibility in their of Georgia’s schools cancelled classes creased class sizes while also turning communities. These fraudulent acts for two days in an effort to conserve down the thermostat in the classroom. can often lead to the perpetration of energy and cut costs. I ask, Mr. President, are we supposed very serious crimes. In my State, the Iowa Association of to expect students to learn at a high- Currently, Federal law enforcement School Boards estimates that, this win- level when rising energy costs have put officials are only able to prosecute ter, there will be $40 million shortfall them in overcrowded, cold classrooms? those who wear counterfeit medals. in funding to cover school heating But this problem is not specific to The statute does not apply to individ- costs. Higher fuel costs for school buses my home State of Iowa. As the sponsor uals who claim to be award recipients could worsen the shortfall by another of companion legislation in the House either verbally or in writing, or to $8 million. And because that will come of Representatives, Congressman Joe those who display fake medals in their out of the fixed general fund for public Baca, pointed out that some schools in offices or homes. education, every additional dollar Kentucky have cut back to four-day My legislation will allow law enforce- spent on energy costs will come at the school weeks to keep their energy costs ment officials to prosecute those who expense of classroom and instructional down. Recently, Georgia schools can- falsely claim, either verbally or in quality. For example, Charles City, IA, celled two days of classes in an at- writing, to be medal recipients. It calls expects to spend $140,000 more on fuel tempt to keep their costs down. In Col- for a six-month jail sentence and a fine this winter. That’s enough to pay the ton Joint Unified District in Congress- for improper use of most medals, and salaries of four teachers. man Baca’s congressional district, the includes a maximum sentence of one According to the Iowa Association of price of a gallon of diesel fuel has risen year for perpetrators who claim to School Boards, school districts are re- from under a dollar at one point to have earned the Medal of Honor, Dis- sponding to the energy crisis by reduc- $2.72 a gallon increasing annual fuel tinguished Service Awards, Silver Star, ing staff, increasing class sizes, reduc- costs by over $300,000. or Purple Heart. ing course offerings, postponing tech- So I have come to the floor today to The Military Order of the Purple nology purchases, or cutting Headstart introduce the School Energy Crisis Re- Heart, the VFW, and the FBI Agents

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12689 Association have endorsed this legisla- funding for YouthBuild through the work with us so far. If done properly, I tion because of the capabilities it will Department of Housing and Urban De- transferring YouthBuild from HUD to provide law enforcement officials to velopment. DoL could increase YouthBuild’s scope, prosecute these fraudulent acts. In its first 10 years of Federal fund- helping it to reach the communities It is my hope that this legislation ing, YouthBuild has demonstrated the and young people that are currently will serve to honor the courageous he- ability to bring the most disadvan- denied access due to a lack of funds. roes who have rightfully earned these taged youth into productive employ- This legislation not only authorizes awards. We must never allow their ment, higher education, and civic en- the transfer of YouthBuild from HUD service and sacrifice to be cheapened gagement. Since 1994, more than 40,000 to DoL, but also allows unlimited fu- by those who wish to exploit these hon- YouthBuild students have helped re- ture federal funding, continues central- ors for personal gain. build their communities, creating more ized management at DoL and continues than 12,000 units of affordable housing, the historic role of YouthBuild USA as By Mr. KERRY: while transforming their lives at the the partner and contractor for quality S. 1999. A bill to amend the Work- same time. assurance. force Investment Act of 1998 to transfer YouthBuild has earned majority bi- This legislation is an attempt to help the YouthBuild program from the De- partisan support for Federal funding in move the process of transferring the partment of Housing and Urban Devel- the Senate due to its great success in YouthBuild program forward. I look opment to the Department of Labor, to local communities. Today there are 226 forward to working with Senators Enzi enhance the program, and for other YouthBuild programs in 44 States en- and Kennedy, the Chairman and Rank- purposes; to the Committee on Bank- gaging 7,000 young adults. ing Member of the Senate Committee ing, Housing, and Urban Affairs. The number of programs could easily on Health, Education, Labor and Pen- Mr. KERRY. Mr. President, today I be expanded. Last year alone, 260 com- sions to develop compromise legisla- am introducing legislation that would munities were denied YouthBuild fund- tion that will ensure that YouthBuild transfer the YouthBuild program from ing. The programs that exist could eas- continues to assist young people its current home in the Department of ily grow. In 2004, local programs turned around the nation. I ask that all my Housing and Urban Development to the away 10,000 applicants solely for lack of colleagues support this legislation and Department of Labor. Transferring de- funds. continue to support the YouthBuild. partmental jurisdiction over this pro- The expansion of YouthBuild would gram will help ensure that Youthbuild help address critical national prob- f continues to receive the funds it needs lems: the construction industry is SUBMITTED RESOLUTIONS to help unemployed and undereducated short 80,000 workers; over 500,000 youth young people ages 16–24 work toward are dropping out of high school every their GED or high school diploma while year with no prospects of becoming SENATE RESOLUTION 302—TO EX- learning job skills by building afford- gainfully employed; states are spend- PRESS THE SENSE OF THE SEN- able housing for homeless and low-ining huge amounts on prisons, housing ATE REGARDING THE IMPACT OF come people. It is supported by the 365,000 16 to 24 year olds, 65 percent of MEDICAID RECONCILIATION LEG- YouthBuild Coalition. whom have dropped out of high school. ISLATION ON THE HEALTH AND Poverty, neglect, abuse, and depriva- Consider this story of success: Manny WELL-BEING OF CHILDREN tion of all kinds can prevent people Negron grew up in New Britain, CT. He Mr. BINGAMAN (for himself, Mr. from reaching their true potential. left school during his Sophomore year ROCKEFELLER, Mr. REED, Mrs. CLINTON, Many of those who have fallen off after having some personal problems. Mrs. MURRAY, Mr. BAUCUS, Ms. MIKUL- track, suffered losses, and made mis- He started selling drugs and getting SKI, Mr. CORZINE, Mr. LAUTENBERG, Mr. takes can recover. If given the oppor- into trouble. Then he joined DODD, and Mr. SALAZAR) submitted the tunity, they can learn to cope with ob- YouthBuild, obtained a GED and following resolution; which was re- stacles and care effectively about learned more about the construction ferred to the Committee on Finance: themselves, their families and their industry. ‘‘Before YouthBuild, I didn’t communities. YouthBuild helps young know what I wanted to do with my S. RES. 302 people who have lost their way to turn life.’’ Manny said. ‘‘I had no goals, no Whereas the Medicaid program provides 1 their lives around. plans—I had nothing. If it was a week- health insurance for more than ⁄4 of children in the United States and pays for more than YouthBuild is a uniquely comprehen- end when I was partying and in the 1⁄3 of the births and health care costs for sive program that offers at-risk youth street, I had no plans. Now it’s com- newborns in the United States each year; an immediate productive role rebuild- pletely different and YouthBuild did Whereas the Medicaid program provides ing their communities. While attend- that for me. Now that I’m away from critical access to health care for children ing basic education classes for 50 per- all that, I actually see a future for my- with disabilities, covering more than 70 percent of program time, students also re- self and see what I’m capable of and cent of poor children with disabilities and ceive job skills training in the con- what I can do with my life.’’ children with special needs in low-income struction field, personal counseling Research on 900 YouthBuild grad- working families, including 1 in 9 military children with special health care needs; from respected mentors, a supportive uates several years after program com- Whereas low-income children who depend peer group with positive values, and ex- pletion showed that 75 percent were on the Medicaid program experience a rate of perience in civic engagement. They employed at an average wage of $10/ health conditions and health risks much build houses for homeless and low-in- hour or in college. They were voting greater than those found among children come people while earning their own and paying taxes. Of those who had who are not low-income; GED or high school diploma. committed felonies, the recidivism rate Whereas the Medicaid program is the larg- YouthBuild is built on success. The was a strikingly low, 15 percent. est source of payment for health care pro- first YouthBuild program was created The legislation I am introducing vided to children with special health care in 1978. At that time, YouthBuild’s fu- today responds to the Bush administra- needs in the Nation and is also a critical source of funding for health care provided to ture founder, Dorothy Stoneman, tion’s attempt to move YouthBuild children in foster care and for health care formed the Youth Action Program to from HUD to DoL in its FY 2006 budget services provided in schools to children eligi- rebuild homes in New York City. The request. I did not agree with the Ad- ble for coverage under the Medicaid pro- successful renovation of an East Har- ministration attempt to transfer gram; lem tenement led to a city-wide coali- YouthBuild in the budget; it was sim- Whereas the Medicaid program is the sin- tion and in 1990, led to YouthBuild ply the wrong approach. However, my gle largest source of revenue for the Nation’s USA, an organization created to rep- staff has met with Administration offi- safety net hospitals, including children’s licate this program around the Nation. cials, with YouthBuild and with hospitals and community health centers, and is critical to the ability of these providers to In 1992, I introduced legislation YouthBuild’s strong supporters. And I adequately serve all children; which was enacted into law as part of believe that we can find a way to do Whereas the Medicaid program, in com- the Cranston-Gonzalez National Afford- this, and I appreciate that the Admin- bination with the State Children’s Health In- able Housing Act, authorizing federal istration has shown a willingness to surance Program, has helped to dramatically

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12690 CONGRESSIONAL RECORD — SENATE November 10, 2005 reduce the number of uninsured children, age children with serious disabilities and children; 2. Explains the consequences cutting the rate by more than 1⁄3 between high health care needs, would potentially be of the various provisions in the House 1997 and 2003; affected; budget reconciliation bill that will Whereas without the Medicaid program, Whereas although title III of the budget the number of children without health insur- reconciliation bill of the House of Represent- negatively impact the health and well- ance—8,300,000 in 2004—would be substan- atives purports to exempt poor children, it being of children’s health; and 3. Ex- tially higher; permits States to redefine the meaning of presses the Sense of the Senate that Whereas the Medicaid program’s guarantee poverty virtually without limitation, in the conferees for the budget reconcili- of affordable coverage and access to nec- order to eliminate cost sharing safeguards ation bill shall not report back lan- essary health care is essential to the ability for poor children currently available under guage that has negative consequences of the Medicaid program to adequately serve the law; for the health and well-being of chil- children whose families have low-incomes Whereas title III of the budget reconcili- dren. and whose health care expenses often exceed ation bill of the House of Representatives the norm; would permit States to require that even the This resolution highlights the many Whereas for nearly 40 years, the Medicaid poorest children pay copayments for pre- ways in which the House of Represent- program has ensured particularly com- scription drugs, without providing exemp- atives budget reconciliation bill affects prehensive benefits for infants, young chil- tions to this requirement, not even in the the health of low-income children dren, school-age children, and adolescents, in case of children in foster care or special across this Nation. According to the recognition of the unique growth and devel- needs adoptions; Congressional Budget Office (CBO), the opment needs of children and the importance Whereas title III of the budget reconcili- House budget reconciliation package of strong and healthy young adults to the ation bill of the House of Representatives increases cost-sharing placed on low- safety and welfare of the Nation; would permit States to allow hospital emer- Whereas the Medicaid program’s special gency departments to impose cost sharing income Medicaid beneficiaries, even benefits, added in 1967, were a direct response requirements on the poor and on near-poor while reducing health services by $6.5 to findings of the Department of Defense re- infants, toddlers, and young children, with- billion over 5 years and an astounding garding pervasive physical, dental, and de- out providing exemptions to this require- $30.1 billion over 10 years. velopmental conditions among low-income ment, not even in the case of children in fos- In sharp contrast, the Senate budget military recruits, and the implications of ter care or special needs adoptions; reconciliation bill includes only one these findings for national preparedness; Whereas title III of the budget reconcili- provision—the targeted case manage- Whereas the Medicaid program’s benefits ation bill of the House of Representatives ment reduction of $750 million over 5 for children are comprehensive, in order to would permit providers to turn children ensure that all low-income infants, even away because their families are unable to years—that could negatively affect those born too soon and too small, have the pay deductibles and copayments; young Medicaid beneficiaries. chance to survive and thrive into a healthy Whereas title III of the budget reconcili- For children, the impact would be childhood; ation bill of the House of Representatives devastating. Medicaid covers more Whereas the Medicaid program’s benefits would potentially eliminate medical case than 27 million children—or almost one for children help ensure that young children management coverage for Medicaid-enrolled in four—American children. Medicaid grow and develop properly, arrive at school children in foster care, even though Federal also covers more than one-third of all ready to learn, and have the opportunity to foster care programs expressly assume that achieve their full educational potential; the births and health care costs of medical case management services for such newborns in the United States each Whereas the Medicaid program ensures children will be furnished through the Med- that children have the benefits, health serv- icaid program; year. ices, and health care support they need to be Whereas title III of the budget reconcili- In spite of the importance of Med- fully immunized, and that children can se- ation bill of the House of Representatives icaid, the House budget package in- cure eyeglasses, dental care, and hearing would permit States to entirely replace the creases cost-sharing for all children aids when necessary, and have access to com- Medicaid program for children with ‘‘health who rely on it for prescription drugs prehensive, regularly scheduled, and as-need- opportunity accounts’’ that eliminate all and emergency room services. The bill ed health examinations, as well as preven- Medicaid coverage in favor of cash accounts also allows States to impose premiums tive interventions, to correct physical and of $1,000 and catastrophic-only, high deduct- mental conditions that threaten to delay for the first time under Medicaid for ible health insurance coverage for children children’s coverage and deny children proper growth and development; with family incomes only slightly above the Whereas the Medicaid program ensures Federal poverty level; and coverage even if their family cannot af- that the sickest and highest risk infants, Whereas title III of the budget reconcili- ford to pay the premium or other cost- toddlers, and children have access to the spe- ation bill of the House of Representatives sharing. cialized diagnostic and treatment care that would only exempt the poorest children from The House budget bill also allows become essential when serious illness participation in health opportunity accounts strikes; States to eliminate the Early and Peri- during the first 5 years of the demonstration Whereas title III of the budget reconcili- odic Screening Diagnosis and Treat- projects under which the accounts are avail- ation bill of the House of Representatives, as ment (EPSDT) benefit rules that are so able and would permit States to redefine the reported out by the Committee on Energy critical to the health of children with meaning of poverty to any level, no matter and Commerce, would eliminate Medicaid how low: Now, therefore, be it special health care needs or disabil- Early and Periodic Screening Diagnosis and Resolved, That it is the sense of the Senate ities. Benefits that could be lost in- Treatment (EPSDT) benefit rules outright that the conferees for any budget reconcili- clude: comprehensive developmental for approximately 6,000,000 low-income chil- ation bill of the 109th Congress shall not re- assessments, assessment and treatment dren, whose family incomes are only slightly port a reconciliation bill that would— for elevated blood lead levels, eye- above the Federal poverty level and who are (1) allow States to— therefore without the resources to secure glasses, dental care, hearing aids, (A) reduce coverage for medically nec- wheelchairs and crutches, respiratory basic health care or essential medical care; essary health care for poor or low-income Whereas title III of the budget reconcili- children; or treatment, comprehensive mental ation bill of the House of Representatives (B) impose premiums, deductibles, copay- health services, prescription drugs, and permits States to eliminate the following ments, or coinsurance on poor or low-income speech and therapy services. benefits for children: comprehensive develop- children; In short, the vast majority or three- mental assessments, assessment and treat- (2) reduce coverage of, or payment for, fourths of the savings in the House bill ment for elevated blood lead levels, eye- medical case management services under come at the expense of low-income glasses, dental care, hearing aids, wheel- title XIX of the Social Security Act for chil- chairs and crutches, respiratory treatment, Medicaid beneficiaries. By CBO’s esti- dren in foster care, including targeted case mate, half of the beneficiaries affected comprehensive mental health services, pre- management services; or scription drugs, and speech and physical (3) allow the Secretary to undertake any by the increased cost sharing provi- therapy services; Health Opportunity Account demonstrations sions in the House package are imposed Whereas title III of the budget reconcili- involving poor or low-income children. on children, and half of those who will ation bill of the House of Representatives Mr. BINGAMAN. Mr. President, I am lose Medicaid benefits would be chil- would allow States to impose premiums, submitting a Senate resolution today dren. deductibles, and copayments on children Without the Medicaid program, the whose families have incomes only slightly with Senators ROCKEFELLER, REED, above the Federal poverty level and who CLINTON, MURRAY, BAUCUS, AKAKA, MI- number of children without health in- therefore cannot afford the cost of medically KULSKI, CORZINE, LAUTENBERG, and surance—8.3 million in 2004—would be necessary care and millions of children, espe- DODD that does three things: 1. Ex- substantially higher. In fact, the num- cially infants, young children, and school- plains the importance of Medicaid to ber of uninsured children has dropped

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12691 by over one-third of a million children information about the estimates and the rently are not subject to cost sharing. We es- over the past 4 years due in large part number and types of Medicaid enrollees who timate that the number of affected enrollees to Medicaid and the State Children’s would be affected by those provisions. would increase from 7 million in 2010 to 11 ASSET TRANSFERS AND HOME EQUITY million by 2015, and that about half of those Health Insurance Program, or SCHIP. enrollees would be children. States also As Representative FRANK PALLONE CBO estimates that the provisions changing the treatment of asset transfers and would increase cost-sharing requirements for noted, ‘‘Once again, Medicaid has prov- many of those who are subject to cost shar- en to be part of the solution, not the home equity would reduce net Medicaid out- lays by $2.5 billion over the next five years ing under current law and thus increase problem. Burdensome cost-sharing re- and by $6.8 billion over the next 10 years. Of copays for another 6 million enrollees by quirements and reduced benefits in- those amounts, more than three-quarters is 2015. In sum, we expect that about 17 million cluded in the reconciliation package due to the proposed change to the start date people—27 percent of Medicaid enrollees— will undoubtedly weaken Medicaid’s of the penalty for prohibited transfers and would ultimately be affected by the cost- the prohibition of nursing home benefits for sharing provisions of the bill. ability to ensure all of America’s chil- We estimate that about 80 percent of the individuals with home equity exceeding dren have access to the health care savings from higher cost sharing would be they need.’’ $500,000. due to decreased use of services; the remain- Under current law, very few of the appli- Representative LOIS CAPPS of Cali- ing 20 percent would reflect lower payments cants for Medicaid incur penalties for pro- to providers. CBO anticipates that about fornia adds, ‘‘. . . this reconciliation hibited asset transfers. CBO estimates that three-quarters of states imposing cost shar- package would allow states to deny changing the start date of the penalty would critical medical screening, treatment, ing would allow providers to deny services result in a delay of Medicaid eligibility for for lack of payment and that there would be and follow up care for these children. approximately 120,000 people in 2010, growing greater decreases in utilization in those And it would allow excessive out of to approximately 130,000 in 2015. Such delays states. The estimate accounts for the fact pocket costs and premiums which—ex- would occur because individuals would either that savings from the reduced use of certain perience shows—causes families to lose incur a penalty for prohibited transfers or services (such as prescription drugs or physi- coverage or fail to get even needed refrain from making such transfers and in- cian services) could be partly offset by high- stead pay for some nursing home care them- services for children.’’ er spending in other areas (such as emer- selves. Those figures represent about 15 per- gency room visits). I urge Senators to closely monitor cent of the new recipients of Medicaid nurs- PREMIUMS what the House of Representatives is ing home benefits each year. doing with respect to the health and The majority of penalties or delays would CBO estimates that about 75 percent of the well-being of children in their budget apply to individuals who otherwise would savings from higher premiums under H.R. have employed a strategy to preserve half of 4241 would be due to higher premium receipts reconciliation bill. Low-income chil- and the remaining 25 percent would stem dren should not be asked to bear the their assets—the so-called ‘‘half-a-loaf’ strategy. Under the bill, some of those indi- from individuals leaving the Medicaid pro- burden of billions of dollars in budget viduals would simply not transfer assets and gram. States would charge premiums to about 1 cuts—cuts that are not even being used thus not incur a penalty, but instead accept million enrollees by fiscal year 2010 and to to reduce the deficit, but rather to help a delay in Medicaid eligibility. The bill’s about 2 million enrollees by fiscal year 2015. pay for tax cuts. provisions that allow greater exemptions for CBO expects that most of those enrollees There are a variety of reasons that I hardship situations reduce the number of af- would be nondisabled adults and children and fected individuals, while the changes to the did not support the Senate’s budget that, on average, premiums would range look-back window increase that number. reconciliation bill, but even with its from 1 percent to 3 percent of family income. The period of delayed eligibility for af- imperfections, it is far superior to the Those amounts would be less than the max- fected recipients would range from one day imum allowed by the legislation. In re- House’s budget package. If nothing to more than one year, averaging about sponse, some beneficiaries would leave Med- else, it does not contain the types of three months in 2006 and decreasing to an av- icaid or would be disenrolled for non- cuts to children’s health that are in- erage of about two months in 2015. The payment. CBO estimates that about 70,000 cluded in the House bill. length of the delay would decrease because enrollees would lose coverage in fiscal year payment rates for nursing home services are Senators need to know that the 2010 and that 110,000 would lose coverage in expected to grow faster than assets. House budget package is terrible for fiscal year 2015 because of the imposition of CBO estimates that about 1 percent of the the health and well-being of the chil- premiums. dren in our country. unmarried applicants for Medicaid nursing home benefits have homes valued at over ALTERNATIVE BENEFIT PACKAGES With that in mind, I offer today’s $500,000. (The policy would have a negligible CBO’s estimate assumes that states with Senate resolution on children’s health. effect on the treatment of the homes of mar- about 20 percent of Medicaid enrollees would I ask for unanimous consent that a ried individuals.) That figure translates to provide reduced benefit packages to at least copy of the CBO analysis of the impact about 5,000 affected individuals annually by some of their enrollees. Those benefit reduc- that the Medicaid provisions in the 2010. tions would affect an estimated 2.5 million Medicaid enrollees in 2010 and about 5 mil- budget reconciliation bill passed by the COST SHARING lion enrollees by 2015—about 8 percent of the House Energy and Commerce Com- CBO estimates that the provisions allow- Medicaid population—and that about one- mittee be printed in the RECORD. ing states to impose higher cost-sharing re- half of those receiving alternate benefit There being no objection, the anal- quirements and premiums on certain recipi- packages would be children. We anticipate yses was ordered to be printed in the ents would reduce Medicaid spending by $10 that states would phase in benefit reductions billion over the 2006–2015 period. Of that RECORD, as follows: and that those changes would not be fully ef- total, about two-thirds of the estimated sav- fective until 2015. CBO expects that only a CONGRESSIONAL BUDGET OFFICE—ADDITIONAL ings are due to increased cost sharing and INFORMATION ON CBO’S ESTIMATE FOR THE limited number of states would exercise that one-third to higher premiums. We anticipate option because the bill would prohibit states MEDICAID PROVISIONS IN H.R. 4241, THE DEF- that states would phase in changes in cost ICIT REDUCTION ACT OF 2005 that provide limited benefit packages from sharing and that those changes would not be expanding such coverage to groups not cov- The Congressional Budget Office (CBO) es- fully effective until 2012. ered under the state plan when the bill is en- timates that the provisions of subtitle A of We assume that states would impose cost- acted. Title III of H.R. 4241 would reduce federal sharing requirements primarily for services While many states trimming benefits like- Medicaid spending by $12 billion over the such as prescription drugs, physician serv- ly would offer a benefit package for Medicaid 2006–2010 period and $48 billion over the 2006– ices, and non-emergency visits to emergency children similar to that provided in the 2015 period (see CBO’s cost estimate of the rooms. We also anticipate that states would State Children’s Health Insurance Program, reconciliation recommendations of the require greater cost-sharing payments by in- we expect that others would look to their House Committee on Energy and Commerce, dividuals and families with higher income state employee programs or private-sector issued on October 31, 2005). About 75 percent than by those with income just above the plans as models for benefits to offer parents, of those savings are due to provisions that poverty level. Although states would be like- families, and some disabled adults. CBO an- would increase penalties on individuals who ly to raise nominal copay amounts and in- ticipates that only a few states would offer transfer assets for less than fair market crease them over time, we expect that aggre- benefit plans that offer leaner benefits than value in order to qualify for nursing home gate enrollee cost sharing would remain, on those types of plans, though the bill would care, restrict eligibility for people with sub- average, below limits established under H.R. permit them to do so. stantial home equity, allow states to impose 4241. On average, CBO expects that alternative higher cost-sharing requirements and/or pre- Under the bill, CBO estimates that states benefit packages provided by the states miums on certain enrollees, and permit with about one-half of all Medicaid enrollees would reduce per capita spending by 15 per- states to restrict benefits for certain enroll- would impose cost-sharing requirements (for cent to 35 percent for the affected popu- ees. This memorandum provides additional at least one service) on enrollees who cur- lations, depending on the eligibility group

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12692 CONGRESSIONAL RECORD — SENATE November 10, 2005 targeted and the generosity of the state’s Whereas stability in the Niger Delta is nec- dicial review and just compensation to program under current law. Most of the re- essary to prevent an increase in global oil the survivors if a miscarriage of justice ductions would be for services such as den- costs; and is found, we urge the Nigerian govern- tal, vision, mental health, and certain thera- Whereas in the interest of the protection of ment, international donors, and inter- pies, but also could include restrictions on human rights, justice, and stability in the the amount, duration, and scope of coverage Delta, redress should be given to the Ogonis national oil companies operating in the for other services. and their use of nonviolent means should be Niger delta to increase assistance sig- UNCERTAINTY OF ESTIMATES recognized: Now, therefore, be it nificantly to improve the lives of the CBO’s estimates are particularly uncertain Resolved, That the Senate— people who live there. It is unconscion- in two areas. We have limited information (1) urges the Government of Nigeria to con- able that after all the billions of dol- about people’s asset holdings prior to their duct a thorough judicial review of the trial lars in oil that have been extracted admission to nursing homes and about the of the Ogoni 9 and to provide just compensa- from that area, these people continue number of people engaging in asset transfers tion to the survivors of the Ogoni 9 if a mis- to suffer daily from the polluted water carriage of justice is found; that would be prohibited by the bill. How and soil and the gas flaring and are liv- states would react to this legislation is also (2) urges the Government of Nigeria, international donors, and international oil coming in squalor. very uncertain. We anticipate wide variation And we call on the Nigerian Govern- in the extent to which different states would panies operating in the Delta to increase as- reshape their Medicaid programs by increas- sistance significantly to improve the lives of ment to ensure that its security forces ing cost sharing or premiums or by restrict- the Ogoni and other affected communities receive the necessary training and dis- ing benefits. Some states might make lim- and for pollution abatement and cleanup in cipline to prevent the violations of ited changes, such as increasing cost sharing the Niger Delta region, in close consultation human rights that the Ogoni have suf- for a few specific services or certain enroll- with local communities; fered for so many years. ees, while others would make more far- (3) urges the Government of Nigeria to en- The volatile situation in the Niger reaching changes. Our estimates, therefore, sure that all members of the security forces receive training in international standards delta has been ignored for far too long. account for a range of possible responses by It cannot be resolved by force. It can- states to the bill. on the use of force and firearms, particularly the 1979 United Nations Code of Conduct for not be resolved by lip service. There f Law Enforcement Officials and the 1990 are serious environmental issues and SENATE RESOLUTION 303—CALL- United Nations Basic Principles on the Use urgent economic and social needs. Ken ING FOR THE GOVERNMENT OF of Force and Fire Arms by Law Enforcement Saro-Wiwa’s example of nonviolence NIGERIA TO CONDUCT A THOR- Officials; stands today as it did a decade ago as (4) calls upon the Department of State to a model for the Nigerian government, OUGH JUDICIAL REVIEW OF KEN seek urgently to ensure that American oil SARO-WIWA CASE, AND FOR companies operating in the Niger Delta com- the people of the Niger delta, and the OTHER PURPOSES ply, at a minimum, with the Voluntary Prin- international community to join to- Mr. LEAHY (for himself, Mr. KEN- ciples for Security and Human Rights; and gether to finally address them. Mr. KENNEDY. Mr. President, I’m NEDY, Mr. OBAMA, Mr. FEINGOLD, Mr. (5) urges the Secretary General of the United Nations to institute a 10-year fol- honored to join Senator LEAHY, Sen- DODD, and Mr. DURBIN) submitted the lowup mission to Ogoniland. following resolution; which was re- ator OBAMA, Senator FEINGOLD, Sen- Mr. LEAHY. Mr. President, ten years ator DODD and Senator DURBIN in sub- ferred to the Committee on Foreign ago today, in what was by all accounts Relations: mitting this tribute to one of the a barbaric miscarriage of justice, Ken world’s most courageous human rights S. RES. 303 Saro-Wiwa and eight of his Ogoni col- and environmental activists, Ken Saro- Whereas on November 10, 1995, Ken Saro- leagues from the delta region of Nige- Wiwa, on the tenth anniversary of his Wiwa, Nigerian writer, environmental activ- ria were hanged after being convicted ist, and nominee for the Nobel Peace Prize, death. along with 8 colleagues, together known as by a biased military tribunal. Mr. Saro-Wiwa was a champion of the ‘‘Ogoni 9’’, were hanged by the military Those of us who knew Mr. Saro-Wiwa nonviolence for social and economic government of Nigeria, based on charges remember him as a thoughtful, pas- justice and the environment in the oil- widely regarded as false; sionate, nonviolent advocate for the rich communities of the Niger Delta. Whereas the Ogoni 9 had been nonviolently rights of the Ogoni people. His arrest, He was a voice for hundreds of thou- campaigning for improved living standards conviction and hanging by the corrupt sands of persons suffering from govern- and a clean environment for the Ogoni Peo- and brutal Abacha government out- ment repression and corporate greed, ple, whose Niger Delta land, air, and water raged the world and resulted in Nige- and he raised global awareness of the was, and remains, severely polluted from oil extraction, and whose standard of living, de- ria’s suspension from the British Com- need for more responsible environ- spite the great mineral wealth their land has monwealth, and a United Nations in- mental and social practices by the oil yielded since the early 1960s, is among the vestigation which concluded that Saro- industry. lowest in the world; Wiwa and his colleagues had been de- On this day ten years ago, Ken Saro- Whereas the international condemnation nied due process in violation of inter- Wiwa and eight of his Ogoni com- that followed the executions included the national and Nigerian law. The UN rec- patriots were unjustly put to death suspension of Nigeria from the British Com- ommended financial relief for their based on apparently trumped-up monwealth of Nations; families and improvements in the liv- charges by an apparently biased Nige- Whereas in 1996 a United Nations mission to Nigeria found the military tribunal in ing conditions of the Ogoni people and rian military tribunal. Their only contravention of international and domestic the other minorities in the delta re- crime was their courage in daring to law, and recommended financial relief for gion. speak out against the exploitation of the survivors of the Ogoni 9 and improve- Unfortunately, none of the UN’s rec- the Ogoni environment and its people. ments in the socioeconomic conditions of the ommendations have been carried out, Despite widespread international con- Ogoni and other minorities in the Delta; the environmental, economic and so- demnation of the killings, Mr. Saro- Whereas 10 years later, none of the United cial conditions there have gotten Wiwa has not been cleared of the false Nations recommendations have been imple- worse, and ten year’s later the Ogoni charges, and environmental and social mented, and the environmental and social Nine remain convicted of a crime for situations have deteriorated for the Ogoni degradation persists in the Ogoni and and other Delta communities; which they were unfairly tried. other communities in the Niger Delta. Whereas the Ogoni 9 remain convicted of a Today, I am honored to submit, on The resolution that we are intro- crime of which they were unfairly tried; behalf of myself and Senators KEN- ducing today calls on the Nigerian Whereas Ogoniland remains severely pol- NEDY, OBAMA, FEINGOLD, DURBIN, and Government to conduct a thorough ju- luted and gas flaring continues unabated; DODD a resolution calling on the Gov- dicial review of the military tribunal, Whereas the security and stability in the ernment of Nigeria to conduct a thor- and to pay compensation to the heirs Niger Delta are threatened by a proliferation ough judicial review of this travesty. of Mr. Saro-Wiwa and his colleagues if of small arms, armed gangs, and black mar- By this resolution we remember Ken a miscarriage of justice is found. A ket oil bunkering; Whereas despite these pressures, Ogoniland Saro-Wiwa and the others who were ex- United Nations mission to Nigeria in remains an island of nonviolence, and the ecuted, and we honor their courage and 1996 found such a violation and called Ogoni voted in high numbers in the 1999 elec- their nonviolent commitment to social for such relief. The resolution also tions; justice. In addition to calling for a ju- calls for increased assistance to the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12693 Ogoni people and for environmental Whereas the mission of the International cies—LHHS—Appropriations Sub- support for the Niger Delta region. In Post-Polio Task Force includes educating committee, I have worked to provide addition, it calls for American oil com- medical professionals and the world’s $101.25 million in the fiscal year 2006 panies operating in the Delta to follow 20,000,000 polio survivors about post-polio Senate LHHS Appropriations bill for more responsible social practices, and sequelae through the international Post- Polio Letter Campaign, The Post-Polio Insti- global polio eradication, an increase of for the Government of Nigeria to en- tute at New Jersey’s Englewood Hospital and $500,000 since 2005. These funds provide sure that its security forces are prop- Medical Center, the publication of The Polio polio vaccinations internationally in erly trained, so that nonviolent protest Paradox, and the television public service locations where naturally occurring is never again met with violent repres- announcement provided by the National polio has not been eradicated. Further, sion. Broadcasting Company: Now, therefore, be it I have supported $461.5 million for the At a time when the Niger Delta is in- Resolved, That the Senate— vaccine for children program as part of creasingly threatened by violence and (1) recognizes the need for every child, in the fiscal year 2006 Senate LHHS Ap- instability from past failures to ad- America and throughout the world, to be vaccinated against polio; propriations bill, an increase of $41 mil- dress these long-standing grievances, it lion since 2005. This program helps is urgent that we honor the legacy of (2) recognizes the 1,630,000 Americans who survived polio, their new battle with post- families of children who may not oth- Ken Saro-Wiwa and the Ogoni people polio sequelae, and the need for education erwise have access to vaccines by pro- by seeking creative, nonviolent solu- and appropriate medical care; viding free vaccines to doctors who tions to the environmental and social (3) requests that every State designate the serve them. problems that plague the region. I urge period beginning on November 1, 2005 and This year is also the 131st anniver- my colleagues to support this resolu- ending on October 31, 2006 as the ‘‘Year of sary of the first diagnosed case of post- tion as an important step in that direc- Polio Education’’ to promote vaccination polio sequelae. Post-polio sequelae is a tion. and post-polio sequelae education and treatment; and condition that may develop several f (4) requests that all appropriate Federal decades after a person has had polio, SENATE RESOLUTION 304—TO DES- departments and agencies take immediate which affects the muscles and nerves, IGNATE THE PERIOD BEGINNING action to educate— causing weakness, fatigue, pain, and ON NOVEMBER 1, 2005 AND END- (A) the people of the United States about other symptoms. Approximately 70 per- ING ON OCTOBER 31, 2006 AS THE the need for polio vaccination; and cent of paralytic polio survivors and 40 YEAR OF POLIO EDUCATION (B) polio survivors and medical profes- percent non-paralytic polio survivors, sionals in the United States about the cause Mr. SPECTER (for himself, Mr. develop this illness. and treatment of post-polio sequelae. The need for continued polio and CORZINE) submitted the following reso- Mr. SPECTER. Mr. President, I have lution; which was referred to the Com- polio vaccinations education are im- sought recognition today to submit a portant to the health of all Americans, mittee on Health, Education, Labor, resolution to designate November 1, and Pensions: especially children. I encourage my 2005 to October 31, 2006 as the Year of colleagues to work with Senator S. RES. 304 Polio Education. CORZINE and me to move this legisla- Whereas 2005 is the 50th anniversary of the During the 1940s and the early 1950s, tion forward promptly. injectable polio vaccine; between 30,000 and 50,000 cases of polio Whereas the polio vaccines eliminated nat- f were recorded annually in the United urally occurring polio cases in the United SENATE RESOLUTION 305—EX- States but have not yet eliminated polio in States, causing widespread fear and other parts of the world; panic. I recall as a youngster attending PRESSING THE SENSE OF THE Whereas as few as 57 percent of American a public swimming pool in Wichita, KS, SENATE REGARDING VETERANS children receive all doses of necessary vac- and wondering if going to the swim- DAY 2005 cines during childhood, including the polio ming pool would cause polio. Mr. FRIST (for himself, Mr. REID, vaccine; Polio is a viral illness that leads to Mr. MCCONNELL, Mr. AKAKA, Mr. ALEX- Whereas the Centers for Disease Control and Prevention recommends that every child paralysis. The polio virus damages ANDER, Mr. ALLARD, Mr. ALLEN, Mr. in the United States receive all doses of the nerves that control muscles, which re- BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. inactivated polio vaccine; sults in muscle weakness. In severe BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. Whereas the success of the polio vaccines cases of polio, a person may lose the BOXER, Mr. BROWNBACK, Mr. BUNNING, has caused people to forget the 1,630,000 ability to move their arms and legs, Mr. BURNS, Mr. BURR, Mr. BYRD, Ms. Americans born before the development of the ability to breathe without help, or CANTWELL, Mr. CARPER, Mr. CHAFEE, the vaccines who had polio during the die. Mr. CHAMBLISS, Mrs. CLINTON, Mr. epidemics in the middle of the 20th century; Whereas at least 70 percent of paralytic President Franklin Delano Roosevelt COBURN, Mr. COCHRAN, Mr. COLEMAN, polio survivors and 40 percent of nonpara- was the most famous symbol of how Ms. COLLINS, Mr. CONRAD, Mr. CORNYN, lytic polio survivors are developing post- physically debilitating polio can be. Mr. CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. polio sequelae, which are unexpected and Yet despite the paralysis of his legs, he DAYTON, Mr. DEMINT, Mr. DEWINE, Mr. often disabling symptoms that occur about was a magnificent President and a DODD, Mrs. DOLE, Mr. DOMENICI, Mr. 35 years after the poliovirus attack, includ- great leader of the United States dur- DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. ing overwhelming fatigue, muscle weakness, ing the Depression and World War II. ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, muscle and joint pain, sleep disorders, heightened sensitivity to anesthesia, cold This year, 2005, marks the 50th anni- Mr. GRAHAM, Mr. GRASSLEY, Mr. pain, and difficulty swallowing and breath- versary of the successful nationwide GREGG, Mr. HAGEL, Mr. HARKIN, Mr. ing; trial to administer the injectable polio HATCH, Mrs. HUTCHISON, Mr. INHOFE, Whereas 2005 is the 131st anniversary of the vaccine to children. While the inven- Mr. INOUYE, Mr. ISAKSON, Mr. JEF- diagnosis of the first case of post-polio tion of injectable polio vaccines elimi- FORDS, Mr. JOHNSON, Mr. KENNEDY, Mr. sequelae and is the 21st anniversary of the nated naturally occurring polio cases KERRY, Mr. KOHL, Mr. KYL, Ms. LAN- creation of the International Post-Polio in the United States, some American DRIEU, Mr. LAUTENBERG, Mr. LEAHY, Task Force; children did not receive the polio vac- Mr. LEVIN, Mr. LIEBERMAN, Mrs. LIN- Whereas research and clinical work by members of the International Post-Polio cine necessary to protect them. On COLN, Mr. LOTT, Mr. LUGAR, Mr. MAR- Task Force have discovered that post-polio September 29, 2005, the first of four TINEZ, Mr. MCCAIN, Ms. MIKULSKI, Ms. sequelae can be treated, and even prevented, children from a rural Minnesota Amish MURKOWSKI, Mrs. MURRAY, Mr. NELSON if polio survivors are taught to conserve en- community was diagnosed with polio. of Florida, Mr. NELSON of Nebraska, ergy and use assistive devices to stop dam- While none of the four have suffered Mr. OBAMA, Mr. PRYOR, Mr. REED, Mr. aging and killing the reduced number of paralytic symptoms, the occurrence ROBERTS, Mr. ROCKEFELLER, Mr. SALA- overworked, poliovirus-damaged neurons in underscores the need for vaccinations. ZAR, Mr. SANTORUM, Mr. SARBANES, Mr. the spinal cord and brain that survived the The need for continued diligence to SCHUMER, Mr. SESSIONS, Mr. SHELBY, polio attack; Whereas many medical professionals, and protect this country’s youth from polio Mr. SMITH, Ms. SNOWE, Mr. SPECTER, polio survivors, do not know of the existence and other illnesses is critical. As chair- Ms. STABENOW, Mr. STEVENS, Mr. of post-polio sequelae, or of the available man of the Labor, Health and Human SUNUNU, Mr. TALENT, Mr. THOMAS, Mr. treatments; and Services, Education, and Related Agen- THUNE, Mr. VITTER, Mr. VOINOVICH,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12694 CONGRESSIONAL RECORD — SENATE November 10, 2005 Mr. WARNER, and Mr. WYDEN) sub- (3) that all Americans are encouraged to military forces of the Government of Com- mitted the following resolution; which join the Senate in honoring and paying trib- monwealth of the Philippines into armed was considered and agreed to: ute to veterans of the Armed Forces of the service under the command of United States United States on Veterans Day and through- Army officers led by General Douglas Mac- S. RES. 305 out the year. Arthur; Whereas tens of millions of Americans f Whereas on December 7, 1941, the Japanese have served in the Armed Forces of the Government began a devastating 4-year war United States during the past century; SENATE RESOLUTION 306—RECOG- with the United States with their stealth Whereas hundreds of thousands of Ameri- NIZING THAT VETERANS DAY IS bombing attacks of Pearl Harbor, Hawaii, cans have given their lives while serving in A DAY TO HONOR ALL VET- and Clark Air Field, Philippines, and led to the Armed Forces of the United States dur- the loss of tens of thousands of American ing the past century; ERANS OF THE ARMY AND TO SUPPORT THE ARMY FREEDOM and Filipino soldiers and countless civilian Whereas the contributions and sacrifices of casualties; the men and women who have served in the TEAM SALUTE’S MISSION TO Whereas on February 20, 1946, President Armed Forces of the United States have been RECOGNIZE THE UNSUNG HE- Harry Truman stated, ‘‘Philippine Army vet- vital in maintaining our freedom and way of ROES WHO HAVE SERVED THIS erans are nationals of the United States and life; COUNTRY will continue in that status until July 4, Whereas the more than 700,000 brave Amer- Mr. AKAKA (for himself and Mr. 1946. They fought, as American nationals, icans who have sacrificed their lives while under the American flag, and under the di- serving in the Armed Forces of the United BOND) submitted the following resolu- rection of our military leaders. They fought States have ensured that the Nation, which tion; which was considered and agreed with gallantry and courage under most dif- is founded on the principles of freedom, jus- to: ficult conditions. I consider it a moral obli- tice, and democracy, shall endure; S. RES. 306 gation of the United States to look after the Whereas Armistice Day was first pro- Whereas Army personnel have for 230 years welfare of the Philippine Army veterans.’’; claimed by President Woodrow Wilson in 1919 Whereas on October 17, 1996, President Wil- to commemorate the November 11, 1918, ar- answered the call to duty by becoming guardians and defenders of America’s free- liam J. Clinton issued a proclamation on the mistice between the Allies and the Central anniversary of the 1944 return of United Powers that ended the fighting of World War doms; Whereas millions of Army veterans self- States forces under General MacArthur to I; liberate the Philippines and said, ‘‘I urge all Whereas on June 1, 1954, President Dwight lessly served this Nation and their legacy of Americans to recall the courage, sacrifice, D. Eisenhower signed into law the Act pro- duty has reigned in their continued support and loyalty of Filipino Veterans of World claiming November 11 as Veterans Day (Pub- of the mission of the Army; War II and honor them for their contribution lic Law 83–380); Whereas the Army appreciates the sacrifices these courageous men and women to our freedom.’’; Whereas on October 8, 1954, in anticipation Whereas on July 26, 2001, President George of the first nationwide observance of Vet- have made in answering the call to duty by choosing a life of service; W. Bush, in his greetings to the Filipino erans Day, President Dwight D. Eisenhower WWII veterans said, ‘‘More than 120,000 Fili- issued a Presidential proclamation regarding Whereas the 83rd Congress created Vet- erans Day as a national day of observance to pinos fought with unwavering loyalty and Veterans Day, which states, ‘‘[o]n that day great gallantry under the command of Gen- let us solemnly remember the sacrifices of commemorate the heroes who served in the Armed Forces and the Army recognizes the eral Douglas MacArthur. The combined all those who fought so valiantly, on the United States-Philippine forces distin- seas, in the air, and on foreign shores, to pre- importance of honoring those who have served their country; and guished themselves by their valor and her- serve our heritage of freedom, and let us re- oism in defense of freedom and democracy. consecrate ourselves to the task of pro- Whereas the Army created the Freedom Team Salute program to provide a way for Thousands of Filipino soldiers gave their moting an enduring peace so that their ef- lives in the battles of Bataan and Corregidor. forts shall not have been in vain’’; the United States and the Army to thank its veterans: Now, therefore, be it These soldiers won for the United States the Whereas veterans play important roles in precious time needed to disrupt the enemy’s communities throughout the United States; Resolved, That the Senate recognizes that November 11, 2005, Veterans Day, is a day to plan for conquest in the Pacific. During the Whereas it is important to preserve the three long years following these battles, the memory of the veterans of the Nation and to honor all Army veterans and supports the Army Freedom Team Salute’s mission to Filipino people valiantly resisted a brutal teach every generation about the sacrifices Japanese occupation with an indomitable that all veterans have made in securing and recognize the unsung heroes who have served this country. spirit and steadfast loyalty to America.’’; preserving the freedom that all Americans and enjoy today; f Whereas the contributions of the Filipino Whereas the United States is in a time of people, and the sacrifices of their soldiers in conflict that highlights the incommen- SENATE RESOLUTION 307—TO REC- OGNIZE AND HONOR THE FILI- World War II, have not been fully recognized: surable sacrifices the brave men and women Now, therefore, be it of our Armed Forces have made and continue PINO WORLD WAR II VETERANS Resolved, That the Senate reaffirms, recog- to make for our Nation and its principles of FOR THEIR DEFENSE OF DEMO- nizes, and honors the Filipino World War II freedom, justice, and democracy; CRATIC IDEALS AND THEIR IM- veterans for their defense of American de- Whereas as of October 2005, there were PORTANT CONTRIBUTION TO THE mocracy and their important contribution to 433,398 new veterans from the present con- OUTCOME OF WORLD WAR II the victorious outcome of World War II. flict who bravely defended America; Whereas November 11 is a day of solemn re- Mr. ALLEN (for himself, Mr. INOUYE, f flection on, and commemoration of, the con- Ms. MIKULSKI, Mrs. BOXER, Mr. WAR- SENATE RESOLUTION 308—DESIG- tributions of those who have served and de- NER, and Mr. AKAKA) submitted the fol- NATING 2006 AS THE ‘‘YEAR OF fended the Nation, especially those who gave lowing resolution; which was consid- STUDY ABROAD’’ the ultimate sacrifice to secure the freedoms ered and agreed to: enjoyed by all citizens; and Mr. DURBIN (for himself, Mr. ALEX- Whereas it is proper that the Senate ob- S. RES. 307 ANDER, Mr. FEINGOLD, Mr. CRAIG, Mr. serve the day with appropriate tributes, Whereas in 1898, the Philippines Archi- AKAKA, Mr. COLEMAN, and Mr. COCH- commemorations, and reflection even when pelago was acquired by the United States of RAN) submitted the following resolu- it conducts the Nation’s business: Now, America, became an organized United States tion; which was considered and agreed therefore, be it territory in 1902, and, in preparation for her Resolved, That it is the sense of the Sen- independence, a self-governing common- to: ate— wealth in 1935; S. RES. 308 (1) that those that have died in war serving Whereas the people of the Philippines and Whereas ensuring that the citizens of the the Nation, and the veterans of the Armed of the United States developed strong ties United States are globally literate is the re- Forces of the United States, living and dead, throughout the decades-long democratic sponsibility of the educational system of the are to be honored for their contributions and transition of the island, compelling the United States; sacrifices to preserve the Nation and the United States to assume the responsibilities Whereas educating students internation- principles of freedom, justice, and democracy of defending the archipelago and protecting ally is an important way to share the values that all Americans hold dear; the people of the Philippines; of the United States, to create goodwill for (2) that Veterans Day 2005 should be com- Whereas on July 26, 1941, anticipating the the United States around the world, to work memorated with appropriate tributes to all aggression of Japanese invasion forces in the toward a peaceful global society, and to in- veterans of the Armed Forces of the United Asia Pacific region, as well as the imminent crease international trade; States for their contributions and sacrifices, conflict between the United States and Whereas, according to a 2002 American and most especially to those who made the Japan, President Franklin D. Roosevelt Council on Education poll, 79 percent of peo- ultimate sacrifice; and issued a military order, calling the organized ple in the United States agree that students

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12695 should have a study abroad experience some- (1) designates 2006 as the ‘‘Year of Study killed in the attacks and expresses its sym- time during college, but only 1 percent of Abroad’’; pathies to those individuals who have been students from the United States currently (2) encourages secondary schools, institu- injured; study abroad each year; tions of higher learning, businesses, and gov- (3) expresses the strong and continued soli- Whereas study abroad programs help peo- ernment programs to promote and expand darity of the people and Government of the ple from the United States to be more in- study abroad opportunities; and United States with the people and Govern- formed about the world and to develop the (3) encourages the people of the United ment of the Hashemite Kingdom of Jordan as cultural awareness necessary to avoid of- States to— they recover from these inhumane attacks; fending individuals from other countries; (A) support initiatives to promote and ex- (4) declares its readiness to support and as- Whereas a National Geographic global lit- pand study abroad opportunities; and sist the authorities of Jordan in their efforts eracy survey found that 87 percent of stu- (B) observe the ‘‘Year of Study Abroad’’ to bring to justice those individuals respon- dents in the United States between the ages with appropriate ceremonies, programs, and sible for the attacks; and of 18 and 24 cannot locate Iraq on a world other activities. (5) calls upon the international community map, 83 percent cannot find Afghanistan, 58 to renew and strengthen efforts to— f percent cannot find Japan, and 11 percent (A) defeat terrorists by dismantling ter- cannot even find the United States; SENATE RESOLUTION 309—EX- rorist networks and exposing the violent and Whereas studying abroad exposes students PRESSING SYMPATHY FOR THE nihilistic ideology of terrorism; from the United States to valuable global (B) increase international cooperation to knowledge and cultural understanding and PEOPLE OF JORDAN IN THE AFTERMATH OF THE DEADLY advance personal and religious freedoms, forms an integral part of their education; ethnic and racial tolerance, political liberty Whereas Congress recognized through the TERRORIST ATTACKS IN AMMAN and pluralism, and economic prosperity; and Higher Education Act of 1965 (20 U.S.C. 1001 ON NOVEMBER 9, 2005 (C) combat the social injustice, oppression, et seq.) that the security, stability, and eco- Mr. FRIST (for himself, Mr. REID, poverty, and extremism that bolsters ter- nomic vitality of the United States in an in- rorism. creasingly complex global age depend largely Mr. LUGAR, Mr. BIDEN, Mr. BROWNBACK, upon having a globally competent citizenry and Mr. CHAFEE) submitted the fol- f and the availability of experts specializing in lowing resolution; which was consid- SENATE RESOLUTION 310—HON- world regions, foreign languages, and inter- ered and agreed to: ORING THE LIFE, LEGACY, AND national affairs; S. RES. 309 Whereas the Coalition for International EXAMPLE OF ISRAELI PRIME Whereas the United States and a broad Education, an ad hoc group of higher edu- MINISTER YITZHAK RABIN ON international coalition are engaged in a cation organizations with interests in the THE TENTH ANNIVERSARY OF Global War on Terrorism; international education programs of the De- HIS DEATH Whereas on November 9, 2005, a series of partment of Education, and Government Ac- explosions struck 3 hotels in Amman, Jor- countability Office reports have found that Mr. LAUTENBERG (for himself, Mr. dan, killing at least 56 people and injuring at Federal agencies, educational institutions, VOINOVICH, Mr. BIDEN, Mr. LUGAR, Mr. least 115 others; and corporations in the United States are CHAFEE, and Mr. BROWNBACK) sub- Whereas the terrorist attacks on Amman, suffering from a shortage of professionals mitted the following resolution; which Jordan, were senseless and barbaric acts car- with international knowledge and foreign was considered and agreed to: ried out against innocent civilians; language skills; S. RES. 310 Whereas, according to the Coalition for Whereas Al Qaeda in Iraq has claimed re- International Education, institutions of sponsibility for the terrorist attacks in Whereas Yitzhak Rabin was born March 1, higher education in the United States are Amman, Jordan; 1922, in Jerusalem; struggling to graduate enough students with Whereas the people and Government of the Whereas Yitzhak Rabin volunteered for the the language skills and cultural competence Hashemite Kingdom of Jordan have been tar- Palmach, the elite unit of the Haganah necessary to meet the current demands of geted in several attempted terrorist attacks (predecessor of the Israeli Defense Forces), business, government, and educational insti- over the past few years; and served for 27 years, including during the tutions; Whereas the people of Jordan have a long 1948 War of Independence, the 1956 Suez War, Whereas a survey done by the Institute for and enduring friendship with the people of and as Chief of Staff in the June 1967 Six Day the International Education of Students the United States and their close coopera- War; shows that studying abroad influences subse- tion in political, economic, and humani- Whereas, in 1975, Prime Minister Yitzhak quent educational experiences, decisions to tarian endeavors has benefitted both nations Rabin signed the interim agreement with expand or change academic majors, and deci- and the people of the Middle East region; Egypt (Sinai II) which laid the groundwork sions to attend graduate school; Whereas the Hashemite Kingdom of Jordan for the 1979 Camp David Peace Treaty be- Whereas substantive research literature is a stalwart ally of the United States in the tween Israel and Egypt; demonstrates that some of the core values global war against terrorism; Whereas Yitzhak Rabin served as Ambas- and skills of higher education are enhanced Whereas the people of the United States sador to the United States from 1968–1973, by participation in study abroad programs; stand in solidarity with the people of Jordan Minister of Defense from 1984–1990, and Whereas study abroad programs not only in fighting terrorism; Prime Minister from 1974–1977 and from 1992 open doors to foreign language learning, but Whereas the Government of the United until his assassination in 1995; also empower students to better understand States immediately condemned the terrorist Whereas. on September 13, 1993, in Wash- themselves and others through a comparison attacks and extended the support and condo- ington, D.C., Yitzhak Rabin signed the Dec- of cultural values and ways of life; lences of the people of the United States to laration of Principles framework agreement Whereas study abroad programs for stu- the people of Jordan; and between Israel and the Palestinians; dents from the United States can provide Whereas on September 12, 2001, in a letter Whereas, upon the signing of the Declara- specialized training and practical experi- to President George W. Bush condemning the tion of Principles, Yitzhak Rabin said to the ences not available at institutions in the September 11, 2001, terrorist attacks on the Palestinian people: ‘‘We say to you today in United States; United States, King Abdullah of the a loud and clear voice: Enough of blood and Whereas a blue ribbon task force of Hashemite Kingdom of Jordan stated that tears. Enough! We harbor no hatred toward NAFSA: Association of International Edu- ‘‘the people of Jordan join the people of the you. We have no desire for revenge. We, like cators, a global association of individuals United States in our absolute condemnation you, are people who want to build a home, dedicated to advancing international edu- of the terrorist aggression against your na- plant a tree, love, live side by side with cation and exchange, found that a national tion . . . our hearts reach out to the victims you—in dignity, empathy, as human beings, effort to promote study abroad programs is and their families, and we honor the selfless as free men.’’; needed to address a serious deficit in global men and women who have risked their lives Whereas Yitzhak Rabin received the 1994 competence in the United States; to aid the injured and suffering . . . be assured Nobel Prize for Peace for his vision and brav- Whereas the bipartisan, federally-ap- that the Hashemite Kingdom of Jordan, its ery as a peacemaker, saying at the time: pointed Commission on the Abraham Lincoln leaders and people stand with you against ‘‘There is only one radical means of sancti- Study Abroad Fellowship Program, estab- the perpetrators of these terrorist atrocities. fying human lives. Not armored plating, or lished pursuant to section 104 of the Mis- We denounce the violence and hatred they tanks, or planes, or concrete fortifications. cellaneous Appropriations and Offsets Act, represent.’’: Now, therefore, be it The one radical solution is peace.’’; 2004 (division H of the Consolidated Appro- Resolved, That the Senate— Whereas, on October 26, 1994, Yitzhak priations Act, 2004 (Public Law 108-199; 118 (1) condemns, in the strongest terms, the Rabin and King Hussein of Jordan signed a Stat. 435)), is scheduled to make rec- senseless and barbaric terrorist attacks on peace treaty between Israel and Jordan; ommendations by December 1, 2005, for a na- the innocent people of Amman, Jordan, on Whereas, on November 4, 1995, Yitzhak tional study abroad program to meet this November 9, 2005; Rabin was brutally assassinated after at- need: Now, therefore, be it (2) expresses its condolences to the fami- tending a peace rally in Tel Aviv, where his Resolved, That the Senate— lies and friends of those individuals who were last words were: ‘‘I have always believed that

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the majority of the people want peace, are TALENT) and intended to be proposed to the (A) Whether or not the Secretary or any prepared to take risks for peace . . . Peace is bill S. 1042, supra; which was ordered to lie personnel of the Department of Defense have what the Jewish People aspire to.’’; and on the table. affirmative knowledge that a facility de- Whereas Yitzhak Rabin dedicated his life SA 2514. Mr. ROBERTS (for himself and scribed in paragraph (1) exists. to the cause of peace and security for the Mr. ROCKEFELLER) proposed an amendment (B) If the Secretary or any such personnel state of Israel by defending his nation to amendment SA 2507 proposed by Mr. have affirmative knowledge that such a fa- against all threats, including terrorism, and KERRY (for himself, Mr. REID, Mr. BIDEN, and cility does exist— undertaking courageous risks in the pursuit Mr. DAYTON) to the bill S. 1042, supra. (i) the existence of such facility; SA 2515. Mr. GRAHAM (for himself, Mr. of peace: Now, therefore, be it (ii) any support provided by the Depart- Resolved, That the Senate— KYL, Mr. CHAMBLISS, and Mr. CORNYN) proposed an amendment to the bill S. 1042, ment of Defense to any other department, (1) honors the historic role of Yitzhak agency, or element of the United States Gov- Rabin for his distinguished service to the supra. ernment, or any foreign government, for the people of Israel and extends its deepest sym- SA 2516. Mr. GRAHAM (for himself, Mr. establishment, operation, or maintenance of pathy and condolences to the family of KYL, and Mr. CHAMBLISS) proposed an amend- such facility; Yitzhak Rabin and the people of Israel on ment to amendment SA 2515 proposed by Mr. (iii) the amount of funds obligated or ex- the tenth anniversary of his death; GRAHAM (for himself, Mr. KYL, Mr. CHAM- (2) recognizes and reiterates its continued BLISS, and Mr. CORNYN) to the bill S. 1042, pended by the Department in furtherance of supra. support for the close ties and special rela- the establishment, operation, or mainte- SA 2517. Mr. BINGAMAN submitted an tionship between the United States and nance of such facility; amendment intended to be proposed to Israel; (iv) whether the Department has trans- amendment SA 2515 proposed by Mr. GRAHAM (3) expresses its admiration for Yitzhak ported individuals captured in the global war (for himself, Mr. KYL, Mr. CHAMBLISS, and Rabin’s legacy and reaffirms its commit- on terrorism to or from such facility, and if Mr. CORNYN) to the bill S. 1042, supra; which ment to the process of building a just and so— was ordered to lie on the table. (I) the number of such individuals; lasting peace between Israel and its neigh- SA 2518. Mr. WARNER (for himself and Mr. (II) the date of transfer of each such indi- bors; FRIST) proposed an amendment to the bill S. (4) condemns any and all acts of terrorism; 1042, supra. vidual to such facility; and SA 2519. Mr. LEVIN (for himself, Mr. (III) the place from which each such indi- (5) reaffirms unequivocally the sacred prin- BIDEN, Mr. REID, Mr. DODD, Mr. KERRY, Mr. vidual was so transferred,: and ciple that democratic leaders and govern- FEINGOLD, Mr. DURBIN, Mr. REED, Mr. KEN- (IV) the identity of the agency or author- ments must be changed only by the demo- NEDY, Mrs. FEINSTEIN, Mr. OBAMA, and Mrs. ity in whose custody each such individual cratically-expressed will of the people. BOXER) proposed an amendment to the bill S. was held before such transfer; f 1042, supra. (v) whether any detainee in such facility is SA 2520. Mr. FRIST (for Mr. INOUYE) pro- expected to be prosecuted by military com- AMENDMENTS SUBMITTED AND posed an amendment to the resolution S. mission or another system for administering PROPOSED Res. 9, expressing the sense of the Senate re- justice; and SA 2507. Mr. KERRY (for himself, Mr. REID, garding designation of the month of Novem- (vi) the interrogation procedures used on Mr. BIDEN, and Mr. DAYTON) proposed an ber as ‘‘National Military Family Month’’. each individual detained in such facility. amendment to the bill S. 1042, to authorize SA 2521. Mr. FRIST (for Mr. LEAHY) pro- (C) Whether or not the Department has appropriations for fiscal year 2006 for mili- posed an amendment to the bill S. 1558, An ever held any individual captured in the tary activities of the Department of Defense, act to amend the Ethics in Government Act global war on terrorism at a facility con- for military construction, and for defense ac- of 1978 to protect family members of filers trolled by the Department at the request of, from disclosing sensitive information in a tivities of the Department of Energy, to pre- or in cooperation with, another department, public filing and to extend for 4 years the au- scribe personnel strengths for such fiscal agency, or element of the United States Gov- thority to redact financial disclosure state- year for the Armed Forces, and for other ernment, and for any such individual so held, ments of judicial employees and judicial offi- purposes. a detailed description of the circumstances SA 2508. Mrs. MURRAY submitted an cers. SA 2522. Mr. FRIST (for Mr. LEAHY) pro- surrounding the detention of such individual amendment intended to be proposed to posed an amendment to the bill S. 1558, and the disposition, if any of such individual. amendment SA 2445 submitted by Mr. supra. (3) FORM OF REPORT.—The report required BROWNBACK (for himself, Mr. INHOFE, and Mr. by paragraph (1) shall be submitted in classi- f DEMINT) and intended to be proposed to the fied form. bill S. 1042, supra; which was ordered to lie TEXT OF AMENDMENTS on the table. (b) DIRECTOR OF NATIONAL INTELLIGENCE SA 2509. Mrs. MURRAY submitted an SA 2507. Mr. KERRY (for himself, Mr. REPORTS.— amendment intended to be proposed to REID, Mr. BIDEN, and Mr. DAYTON) pro- (1) REPORTS REQUIRED.—Not later than 60 amendment SA 2445 submitted by Mr. posed an amendment to the bill S. 1042, days after the date of the enactment of this BROWNBACK (for himself, Mr. INHOFE, and Mr. to authorize appropriations for fiscal Act, the Director of National Intelligence DEMINT) and intended to be proposed to the year 2006 for military activities of the shall provide to each member of the Select bill S. 1042, supra; which was ordered to lie Department of Defense, for military Committee on Intelligence of the Senate and on the table. the Permanent Select Committee on Intel- SA 2510. Mrs. MURRAY submitted an construction, and for defense activities of the Department of Energy, to pre- ligence of the House of Representatives a de- amendment intended to be proposed to tailed report setting forth the nature and scribe personnel strengths for such fis- amendment SA 2445 submitted by Mr. cost of, and otherwise providing a full ac- BROWNBACK (for himself, Mr. INHOFE, and Mr. cal year for the Armed Forces, and for counting on, any clandestine prison or deten- DEMINT) and intended to be proposed to the other purposes: as follows: tion facility currently or formerly operated bill S. 1042, supra; which was ordered to lie At the end of subtitle D of title X, add the by the United States Government, regardless on the table. following: of location, where detainees in the global SA 2511. Mrs. MURRAY submitted an SEC. ll. REPORTS ON CLANDESTINE DETEN- war on terrorism are or were being held. amendment intended to be proposed to TION FACILITIES FOR INDIVIDUALS (2) ELEMENTS.—The reports required by amendment SA 2475 submitted by Mr. CAPTURED IN THE GLOBAL WAR ON paragraph (1) shall set forth, for each prison BROWNBACK (for himself, Mr. COBURN, Mr. TERRORISM. or facility covered by such report, the fol- DEMINT, Mr. INHOFE, Mr. SESSIONS, and Mr. (a) SECRETARY OF DEFENSE REPORT.— lowing: TALENT) and intended to be proposed to the (1) REPORT REQUIRED.—Not later than sixty bill S. 1042, supra; which was ordered to lie days after the date of the enactment of this (A) The location and size of such prison or on the table. Act, the Secretary of Defense shall submit to facility. SA 2512. Mrs. MURRAY submitted an the Committees on Armed Services of the (B) If such prison or facility is no longer amendment intended to be proposed to Senate and the House of Representatives a being operated by the United States Govern- amendment SA 2475 submitted by Mr. detailed report on the knowledge of the Sec- ment, the disposition of such prison or facil- BROWNBACK (for himself, Mr. COBURN, Mr. retary, and of the personnel of the Depart- ity. DEMINT, Mr. INHOFE, Mr. SESSIONS, and Mr. ment of Defense, on whether or not there ex- (C) The number of detainees currently held TALENT) and intended to be proposed to the ists, or has existed, any clandestine facility or formerly held, as the case may be, at such bill S. 1042, supra; which was ordered to lie outside of United States territory for the de- prison or facility. on the table. tention of individuals captured in the global (D) Any plans for the ultimate disposition SA 2513. Mrs. MURRAY submitted an war on terrorism, whether operated by the of any detainees currently held at such pris- amendment intended to be proposed to United States Government or at the request on or facility. amendment SA 2475 submitted by Mr. of the United States Government. (E) A description of the interrogation pro- BROWNBACK (for himself, Mr. COBURN, Mr. (2) ELEMENTS.—The report required by cedures used or formerly used on detainees DEMINT, Mr. INHOFE, Mr. SESSIONS, and Mr. paragraph (1) shall include the following: at such prison or facility.

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(3) FORM OF REPORTS.—The reports re- ‘‘(B) the judge of an appropriate district States in pursuit of an order authorizing the quired by paragraph (1) shall be submitted in court of the United States issues an order abortion, the court may conduct the pro- classified form. authorizing the minor to consent to the ceedings in the case of such application by abortion as provided by subsection (d) or (e); telephone. SA 2508. Mrs. MURRAY submitted an ‘‘(C) the appropriate district court of the ‘‘(3) An application under this subsection amendment intended to be proposed to United States by its inaction constructively shall be made under oath and include— amendment SA 2445 submitted by Mr. authorizes the minor to consent to the abor- ‘‘(A) a statement that the minor is preg- BROWNBACK (for himself, Mr. INHOFE, tion as provided by subsection (d) or (e); nant; and Mr. DEMINT) and intended to be ‘‘(D) it is necessary to preserve the life or ‘‘(B) a statement that the minor is unmar- proposed to the bill S. 1042, to author- health of the minor; or ried, is under 18 years of age, and has not had her disabilities removed; ize appropriations for fiscal year 2006 ‘‘(E) the pregnancy is the result of rape or incest. ‘‘(C) a statement that the minor wishes to for military activities of the Depart- ‘‘(2) If a person to whom notice may be have an abortion without the notification of ment of Defense, for military construc- given under paragraph (1)(A) cannot be noti- either of her parents or a managing conser- tion, and for defense activities of the fied after a reasonable effort, a physician vator or guardian; and Department of Energy, to prescribe may perform an abortion if the physician ‘‘(D) a statement as to whether the minor personnel strengths for such fiscal year gives 48 hours constructive notice, by cer- has retained an attorney and, if she has re- of the Armed Forces, and for other pur- tified mail, restricted delivery, sent to the tained an attorney, the name, address, and poses; which was ordered to lie on the last known address, to the person to whom telephone number of her attorney. ‘‘(4) The court shall appoint a guardian ad table; as follows: notice may be given under that paragraph. The period under this paragraph begins when litem for the minor. If the minor has not re- On page 11 of the amendment, strike lines the notice is mailed. If the person required tained an attorney, the court shall appoint 20 and 21. to be notified is not notified within the 48- an attorney to represent the minor. If the guardian ad litem is an attorney, the court Mrs. MURRAY submitted an hour period, the abortion may proceed even SA 2509. if the notice by mail is not received. may appoint the guardian ad litem to serve amendment intended to be proposed to ‘‘(3) The requirement that 48 hours actual as the minor’s attorney. amendment SA 2445 submitted by Mr. notice be provided under this subsection may ‘‘(5) The court may appoint to serve as BROWNBACK (for himself, Mr. INHOFE, be waived by an affidavit of— guardian ad litem for a minor— and Mr. DEMINT) and intended to be ‘‘(A) the member of the armed forces con- ‘‘(A) a psychiatrist or an individual li- proposed to the bill S. 1042, to author- cerned, or another parent of the minor, if the censed or certified as a psychologist; ize appropriations for fiscal year 2006 minor has no managing conservator or ‘‘(B) a member of the clergy; for military activities of the Depart- guardian; or ‘‘(C) a grandparent or an adult brother, sister, aunt, or uncle of the minor; or ment of Defense, for military construc- ‘‘(B) a court-appointed managing conservator or guardian. ‘‘(D) another appropriate person selected tion, and for defense activities of the ‘‘(4) A physician may execute for inclusion by the court. Department of Energy, to prescribe in the minor’s medical record an affidavit ‘‘(6) The court shall determine within 48 personnel strengths for such fiscal year stating that, according to the best informa- hours after the application is filed whether of the Armed Forces, and for other pur- tion and belief of the physician, notice or the minor is mature and sufficiently well-in- poses; which was ordered to lie on the constructive notice has been provided as re- formed to make the decision to have an abor- table; as follows: quired by this subsection. Execution of an af- tion performed without notification to either of her parents or a managing conservator or On page 10 of the amendment, line 23, fidavit under this paragraph creates a pre- guardian, whether notification would not be strike ‘‘contraceptives’’ and insert ‘‘drugs or sumption that the requirements of this sub- in the best interest of the minor, or whether devices approved by the Food and Drug Ad- section have been satisfied. ‘‘(5) A certification required by paragraph notification may lead to physical, sexual, or ministration as contraceptives, or generic (1)(D) is confidential and privileged and is emotional abuse of the minor. If the court equivalents approved as substitutable by the not subject to disclosure, discovery, sub- finds that the minor is mature and suffi- Food and Drug Administration’’. poena, or other legal process. Personal or ciently well informed, that notification SA 2510. Mrs. MURRAY submitted an identifying information about the minor, in- would not be in the minor’s best interest, or amendment intended to be proposed to cluding her name, address, or social security that notification may lead to physical, sex- number, may not be included in a certifi- ual, or emotional abuse of the minor, the amendment SA 2445 submitted by Mr. cation under paragraph (1)(D). The physician court shall enter an order authorizing the BROWNBACK (for himself, Mr. INHOFE, must keep the medical records on the minor minor to consent to the performance of the and Mr. DEMINT) and intended to be in compliance with regulations prescribed by abortion without notification to either of proposed to the bill S. 1042, to author- the Secretary of Defense. her parents or a managing conservator or ize appropriations for fiscal year 2006 ‘‘(6) A physician who intentionally per- guardian and shall execute the required for military activities of the Depart- forms an abortion on a pregnant forms. ment of Defense, for military construc- unemancipated minor in violation of this ‘‘(7) If the court fails to rule on the appli- tion, and for defense activities of the subsection commits an offense punishable by cation within the period specified in para- a fine not to exceed $10,000. graph (6), the application shall be deemed to Department of Energy, to prescribe ‘‘(7) It is a defense to prosecution under be granted and the physician may perform personnel strengths for such fiscal year this subsection that the minor falsely rep- the abortion as if the court had issued an of the Armed Forces, and for other pur- resented her age or identity to the physician order authorizing the minor to consent to poses; which was ordered to lie on the to be at least 18 years of age by displaying an the performance of the abortion without notable; as follows: apparently valid governmental record of tification under subsection (c). On page 2 of the amendment, strike all identification such that a reasonable person ‘‘(8) If the court finds that the minor does after the first word and insert the following: under similar circumstances would have re- not meet the requirements of paragraph (6), lied on the representation. The defense does the court may not authorize the minor to ll. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN THE PERFORM- not apply if the physician is shown to have consent to an abortion without the notifica- ANCE OF ABORTIONS FOR DEPEND- had independent knowledge of the minor’s tion authorized under subsection (c)(1). ENT CHILDREN OF MEMBERS OF actual age or identity or failed to use due ‘‘(9) The court may not notify a parent, THE ARMED FORCES. diligence in determining the minor’s age or managing conservator, or guardian that the Section 1093 of title 10, United States Code, identity. minor is pregnant or that the minor wants to is amended by adding at the end the fol- ‘‘(d) JUDICIAL APPROVAL.—(1) A pregnant have an abortion. The court proceedings lowing new subsections: unemancipated minor who is a child of a shall be conducted in a manner that protects ‘‘(c) PARENTAL NOTICE.—(1) A physician member of the armed forces and who wishes the anonymity of the minor. The application may not use facilities of the Department of to have an abortion using facilities of the and all other court documents pertaining to Defense to perform an abortion on a preg- Department of Defense without notification the proceedings are confidential and privi- nant unemancipated minor who is a child of to the member of the armed forces, another leged and are not subject to disclosure, dis- a member of the armed forces unless— parent, her managing conservator, or her covery, subpoena, or other legal process. The ‘‘(A) the physician gives at least 48 hours guardian may file an application for a court minor may file the application using a pseu- actual notice, in person or by telephone, of order authorizing the minor to consent to donym or using only her initials. the physician’s intent to perform the abor- the performance of an abortion without noti- ‘‘(10) An order of the court issued under tion to— fication to either of her parents or a man- this subsection is confidential and privileged ‘‘(i) the member of the armed forces, or an- aging conservator or guardian. and is not subject to disclosure, discovery, other parent of the minor, if the minor has ‘‘(2) Any application under this subsection subpoena, or other legal process. The order no managing conservator or guardian; or may be filed in any appropriate district may not be released to any person but the ‘‘(ii) a court-appointed managing conser- court of the United States. In the case of a pregnant minor, the pregnant minor’s guard- vator or guardian; minor who elects not to travel to the United ian ad litem, the pregnant minor’s attorney,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12698 CONGRESSIONAL RECORD — SENATE November 10, 2005 another person designated to receive the ‘‘(A) is unmarried; and ‘‘(i) the member of the armed forces, or an- order by the minor, or a governmental agen- ‘‘(B) has not had any disabilities of minor- other parent of the minor, if the minor has cy or attorney in a criminal or administra- ity removed.’’. no managing conservator or guardian; or tive action seeking to assert or protect the ‘‘(ii) a court-appointed managing conser- interest of the minor. SA 2511. Mrs. MURRAY submitted an vator or guardian; ‘‘(11) A filing fee is not required of and amendment intended to be proposed to ‘‘(B) the judge of an appropriate district court costs may not be assessed against a amendment SA 2475 submitted by Mr. court of the United States issues an order minor filing an application under this sub- BROWNBACK (for himself, Mr. COBURN, authorizing the minor to consent to the section. abortion as provided by subsection (d) or (e); Mr. DEMINT, Mr. INHOFE, Mr. SESSIONS, ‘‘(e) APPEAL.—(1) A minor whose applica- ‘‘(C) the appropriate district court of the tion under subsection (d) is denied may ap- and Mr. TALENT) and intended to be United States by its inaction constructively peal to the court of appeals of the United proposed to the bill S. 1042, to author- authorizes the minor to consent to the abor- States having jurisdiction of the district ize appropriations for fiscal year 2006 tion as provided by subsection (d) or (e); court of the United States that denied the for military activities of the Depart- ‘‘(D) it is necessary to preserve the life or application. If the court of appeals fails to health of the minor; or rule on the appeal within 48 hours after the ment of Defense, for military construc- ‘‘(E) the pregnancy is the result of rape or appeal is filed, the appeal shall be deemed to tion, and for defense activities of the be granted and the physician may perform Department of Energy, to prescribe incest. ‘‘(2) If a person to whom notice may be the abortion using facilities of the Depart- personnel strengths for such fiscal year given under paragraph (1)(A) cannot be noti- ment of Defense as if the court had issued an for the Armed Forces, and for other fied after a reasonable effort, a physician order authorizing the minor to consent to purposes; which was ordered to lie on may perform an abortion if the physician the performance of the abortion using facili- gives 48 hours constructive notice, by cer- ties of the Department of Defense without the table; as follows: tified mail, restricted delivery, sent to the notification under subsection (c). Pro- On page 11 of the amendment, strike lines last known address, to the person to whom ceedings under this subsection shall be given 24 and 25. notice may be given under that paragraph. precedence over other pending matters to The period under this paragraph begins when the extent necessary to assure that the court Mrs. MURRAY submitted an SA 2512. the notice is mailed. If the person required reaches a decision promptly. amendment intended to be proposed to to be notified is not notified within the 48- ‘‘(2) A ruling of the court of appeals under amendment SA 2475 submitted by Mr. this subsection is confidential and privileged hour period, the abortion may proceed even and is not subject to disclosure, discovery, BROWNBACK (for himself, Mr. COBURN, if the notice by mail is not received. ‘‘(3) The requirement that 48 hours actual subpoena, or other legal process. The ruling Mr. DEMINT, Mr. INHOFE, Mr. SESSIONS, notice be provided under this subsection may may not be released to any person but the and Mr. TALENT) and intended to be be waived by an affidavit of— pregnant minor, the pregnant minor’s guard- proposed to the bill S. 1042, to author- ‘‘(A) the member of the armed forces con- ian ad litem, the pregnant minor’s attorney, ize appropriations for fiscal year 2006 cerned, or another parent of the minor, if the another person designated to receive the rul- for military activities of the Depart- minor has no managing conservator or ing by the minor, or a governmental agency ment of Defense, for military construc- or attorney in a criminal or administrative guardian; or action seeking to assert or protect the inter- tion, and for defense activities of the ‘‘(B) a court-appointed managing conser- est of the minor. Department of Energy, to prescribe vator or guardian. ‘‘(3) A filing fee is not required of and court personnel strengths for such fiscal year ‘‘(4) A physician may execute for inclusion costs may not be assessed against a minor for the Armed Forces, and for other in the minor’s medical record an affidavit filing an appeal under this subsection. stating that, according to the best informa- purposes; which was ordered to lie on tion and belief of the physician, notice or ‘‘(f) DEFINITIONS.—In this section: the table; as follows: ‘‘(1) The term ‘abortion’ means the use of constructive notice has been provided as re- any means at a medical facility of the De- On page 11 of the amendment, line 2, strike quired by this subsection. Execution of an af- partment of Defense to terminate the preg- ‘‘contraceptives’’ and insert ‘‘drugs or de- fidavit under this paragraph creates a pre- nancy of a female known by an attending vices approved by the Food and Drug Admin- sumption that the requirements of this sub- physician to be pregnant, with the intention istration as contraceptives, or generic section have been satisfied. that the termination of the pregnancy by equivalents approved as substitutable by the ‘‘(5) A certification required by paragraph those means will with reasonable likelihood Food and Drug Administration’’. (1)(D) is confidential and privileged and is not subject to disclosure, discovery, sub- cause the death of the fetus. The term ap- poena, or other legal process. Personal or plies only to an unemancipated minor known SA 2513. Mrs. MURRAY submitted an identifying information about the minor, in- by an attending physician to be pregnant amendment intended to be proposed to cluding her name, address, or social security and may not be construed to limit a minor’s amendment SA 2475 submitted by Mr. number, may not be included in a certifi- access to drugs or devices approved by the BROWNBACK (for himself, Mr. COBURN, cation under paragraph (1)(D). The physician Food and Drug Administration as contracep- Mr. DEMINT, Mr. INHOFE, Mr. SESSIONS, must keep the medical records on the minor tives, or generic equivalents approved as sub- in compliance with regulations prescribed by stitutable by the Food and Drug Administra- and Mr. TALENT) and intended to be the Secretary of Defense. tion. proposed to the bill S. 1042, to author- ‘‘(6) A physician who intentionally per- ‘‘(2) The term ‘appropriate district court of ize appropriations for fiscal year 2006 forms an abortion on a pregnant the United States’ means— for military activities of the Depart- unemancipated minor in violation of this ‘‘(A) with respect to a proposed abortion at ment of Defense, for military construc- subsection commits an offense punishable by a particular Department of Defense medical tion, and for defense activities of the a fine not to exceed $10,000. facility in the United States or its terri- Department of Energy, to prescribe ‘‘(7) It is a defense to prosecution under tories, the district court of the United States personnel strengths for such fiscal year this subsection that the minor falsely rep- having proper venue in relation to that facil- resented her age or identity to the physician ity; or for the Armed Forces, and for other purposes; which was ordered to lie on to be at least 18 years of age by displaying an ‘‘(B) if the minor is seeking an abortion at apparently valid governmental record of a particular Department of Defense facility the table; as follows: identification such that a reasonable person outside the United States or its territories— On page 2 of the amendment, strike all under similar circumstances would have re- ‘‘(i) if the minor elects to travel to the after the first word and insert the following: lied on the representation. The defense does United States in pursuit of an order author- ll. PROTECTION OF CHILDREN AND PARENTAL not apply if the physician is shown to have izing the abortion, the district court of the INVOLVEMENT IN THE PERFORM- had independent knowledge of the minor’s United States having proper venue in the ANCE OF ABORTIONS FOR DEPEND- actual age or identity or failed to use due district in which the minor first arrives from ENT CHILDREN OF MEMBERS OF diligence in determining the minor’s age or outside the United States; or THE ARMED FORCES. identity. ‘‘(ii) if the minor elects not to travel to the Section 1093 of title 10, United States Code, ‘‘(d) JUDICIAL APPROVAL.—(1) A pregnant United States in pursuit of an order author- is amended by adding at the end the fol- unemancipated minor who is a child of a izing the abortion, the district court of the lowing new subsections: member of the armed forces and who wishes United States for the district in which the ‘‘(c) PARENTAL NOTICE.—(1) A physician to have an abortion using facilities of the minor last resided. may not use facilities of the Department of Department of Defense without notification ‘‘(3) The term ‘guardian’ means a court-ap- Defense to perform an abortion on a preg- to the member of the armed forces, another pointed guardian of the person of the minor. nant unemancipated minor who is a child of parent, her managing conservator, or her ‘‘(4) The term ‘physician’ means an indi- a member of the armed forces unless— guardian may file an application for a court vidual licensed to practice medicine. ‘‘(A) the physician gives at least 48 hours order authorizing the minor to consent to ‘‘(5) The term ‘unemancipated minor’ in- actual notice, in person or by telephone, of the performance of an abortion without noti- cludes a minor who is not a member of the the physician’s intent to perform the abor- fication to either of her parents or a man- armed forces and who— tion to— aging conservator or guardian.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12699 ‘‘(2) Any application under this subsection subpoena, or other legal process. The order United States for the district in which the may be filed in any appropriate district may not be released to any person but the minor last resided. court of the United States. In the case of a pregnant minor, the pregnant minor’s guard- ‘‘(3) The term ‘guardian’ means a court-ap- minor who elects not to travel to the United ian ad litem, the pregnant minor’s attorney, pointed guardian of the person of the minor. States in pursuit of an order authorizing the another person designated to receive the ‘‘(4) The term ‘physician’ means an indi- abortion, the court may conduct the pro- order by the minor, or a governmental agen- vidual licensed to practice medicine. ceedings in the case of such application by cy or attorney in a criminal or administra- ‘‘(5) The term ‘unemancipated minor’ in- telephone. tive action seeking to assert or protect the cludes a minor who is not a member of the ‘‘(3) An application under this subsection interest of the minor. armed forces and who— shall be made under oath and include— ‘‘(11) A filing fee is not required of and ‘‘(A) is unmarried; and ‘‘(A) a statement that the minor is preg- court costs may not be assessed against a ‘‘(B) has not had any disabilities of minor- nant; minor filing an application under this sub- ity removed.’’. ‘‘(B) a statement that the minor is unmar- section. ried, is under 18 years of age, and has not had ‘‘(e) APPEAL.—(1) A minor whose applica- SA 2514. Mr. ROBERTS (for himself tion under subsection (d) is denied may ap- her disabilities removed; and Mr. ROCKEFELLER) proposed an peal to the court of appeals of the United ‘‘(C) a statement that the minor wishes to amendment to amendment SA 2507 pro- have an abortion without the notification of States having jurisdiction of the district posed by Mr. KERRY (for himself, Mr. either of her parents or a managing conser- court of the United States that denied the vator or guardian; and application. If the court of appeals fails to REID, Mr. BIDEN, and Mr. DAYTON) to ‘‘(D) a statement as to whether the minor rule on the appeal within 48 hours after the the bill S. 1042, to authorize appropria- has retained an attorney and, if she has re- appeal is filed, the appeal shall be deemed to tions for fiscal year 2006 for military tained an attorney, the name, address, and be granted and the physician may perform activities of the Department of De- telephone number of her attorney. the abortion using facilities of the Depart- fense, for military construction, and ‘‘(4) The court shall appoint a guardian ad ment of Defense as if the court had issued an for defense activities of the Depart- litem for the minor. If the minor has not re- order authorizing the minor to consent to the performance of the abortion using facili- ment of Energy, to prescribe personnel tained an attorney, the court shall appoint strengths for such fiscal year for the an attorney to represent the minor. If the ties of the Department of Defense without guardian ad litem is an attorney, the court notification under subsection (c). Pro- Armed Forces, and for other purposes; may appoint the guardian ad litem to serve ceedings under this subsection shall be given as follows: as the minor’s attorney. precedence over other pending matters to In lieu of the language proposed to be in- ‘‘(5) The court may appoint to serve as the extent necessary to assure that the court serted insert the following: guardian ad litem for a minor— reaches a decision promptly. SEC. ll. REPORT ON ALLEGED CLANDESTINE ‘‘(A) a psychiatrist or an individual li- ‘‘(2) A ruling of the court of appeals under DETENTION FACILITIES FOR INDI- censed or certified as a psychologist; this subsection is confidential and privileged VIDUALS CAPTURED IN THE GLOBAL ‘‘(B) a member of the clergy; and is not subject to disclosure, discovery, WAR ON TERRORISM. ‘‘(C) a grandparent or an adult brother, sis- subpoena, or other legal process. The ruling (a) IN GENERAL.—The President shall enter, aunt, or uncle of the minor; or may not be released to any person but the sure that the United States Government con- ‘‘(D) another appropriate person selected pregnant minor, the pregnant minor’s guard- tinues to comply with the authorization, re- by the court. ian ad litem, the pregnant minor’s attorney, porting, and notification requirements of ‘‘(6) The court shall determine within 48 another person designated to receive the rul- title V of the National Security Act of 1947 hours after the application is filed whether ing by the minor, or a governmental agency (50 U.S.C. 413 et seq.). the minor is mature and sufficiently well-in- or attorney in a criminal or administrative (b) DIRECTOR OF NATIONAL INTELLIGENCE formed to make the decision to have an abor- action seeking to assert or protect the inter- REPORT.— tion performed without notification to either est of the minor. (1) REPORT REQUIRED.—Not later than 60 of her parents or a managing conservator or ‘‘(3) A filing fee is not required of and court days after the date of the enactment of this guardian, whether notification would not be costs may not be assessed against a minor Act, the Director of National Intelligence in the best interest of the minor, or whether filing an appeal under this subsection. shall provide to the members of the Select notification may lead to physical, sexual, or ‘‘(f) RULE OF CONSTRUCTION.—Nothing in Committee on Intelligence of the Senate and emotional abuse of the minor. If the court subsections (c), (d), or (e) shall be construed the Permanent Select Committee on Intel- finds that the minor is mature and suffi- to create any exemption to the restrictions ligence of the House of Representatives a de- ciently well informed, that notification contained in subsections (a) and (b). tailed report setting forth the nature and would not be in the minor’s best interest, or ‘‘(g) DEFINITIONS.—In this section: cost of, and otherwise providing a full ac- that notification may lead to physical, sex- ‘‘(1) The term ‘abortion’ means the use of counting on, any clandestine prison or deten- ual, or emotional abuse of the minor, the any means at a medical facility of the De- tion facility currently or formerly operated court shall enter an order authorizing the partment of Defense to terminate the preg- by the United States Government, regardless minor to consent to the performance of the nancy of a female known by an attending of location, where detainees in the global abortion without notification to either of physician to be pregnant, with the intention war on terrorism are or were being held. her parents or a managing conservator or that the termination of the pregnancy by (2) ELEMENTS.—The report required by guardian and shall execute the required those means will with reasonable likelihood paragraph (1) shall set forth, for each prison forms. cause the death of the fetus. The term ap- or facility, if any, covered by such report, ‘‘(7) If the court fails to rule on the appli- plies only to an unemancipated minor known the following: cation within the period specified in para- by an attending physician to be pregnant (A) The location and size of such prison or graph (6), the application shall be deemed to and may not be construed to limit a minor’s facility. be granted and the physician may perform access to drugs or devices approved by the (B) If such prison or facility is no longer the abortion as if the court had issued an Food and Drug Administration as contracep- being operated by the United States Govern- order authorizing the minor to consent to tives, or generic equivalents approved as sub- ment, the disposition of such prison or facil- the performance of the abortion without no- stitutable by the Food and Drug Administra- ity. tification under subsection (c). tion. (C) The number of detainees currently held ‘‘(8) If the court finds that the minor does ‘‘(2) The term ‘appropriate district court of or formerly held, as the case may be, at such not meet the requirements of paragraph (6), the United States’ means— prison or facility. the court may not authorize the minor to ‘‘(A) with respect to a proposed abortion at (D) Any plans for the ultimate disposition consent to an abortion without the notifica- a particular Department of Defense medical of any detainees currently held at such pris- tion authorized under subsection (c)(1). facility in the United States or its terri- on or facility. ‘‘(9) The court may not notify a parent, tories, the district court of the United States (E) A description of the interrogation pro- managing conservator, or guardian that the having proper venue in relation to that facil- cedures used or formerly used on detainees minor is pregnant or that the minor wants to ity; or at such prison or facility. have an abortion. The court proceedings ‘‘(B) if the minor is seeking an abortion at (3) FORM OF REPORT.—The report required shall be conducted in a manner that protects a particular Department of Defense facility by paragraph (1) shall be submitted in classi- the anonymity of the minor. The application outside the United States or its territories— fied form. and all other court documents pertaining to ‘‘(i) if the minor elects to travel to the the proceedings are confidential and privi- United States in pursuit of an order author- SA 2515. Mr. GRAHAM (for himself, leged and are not subject to disclosure, dis- izing the abortion, the district court of the Mr. KYL, Mr. CHAMBLISS, and Mr. COR- covery, subpoena, or other legal process. The United States having proper venue in the NYN) proposed an amendment to the district in which the minor first arrives from minor may file the application using a pseu- bill S. 1042, to authorize appropriations donym or using only her initials. outside the United States; or ‘‘(10) An order of the court issued under ‘‘(ii) if the minor elects not to travel to the for fiscal year 2006 for military activi- this subsection is confidential and privileged United States in pursuit of an order author- ties of the Department of Defense, for and is not subject to disclosure, discovery, izing the abortion, the district court of the military construction, and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12700 CONGRESSIONAL RECORD — SENATE November 10, 2005 for defense activities of the Depart- with respect to an alien under this paragraph tion for a writ of habeas corpus filed by or on ment of Energy, to prescribe personnel shall be limited to the consideration of behalf of an alien outside the United States strengths for such fiscal year for the whether the status determination of the (as that term is defined in section 101(a)(38) Armed Forces, and for other purposes; Combatant Status Review Tribunal with re- of the Immigration and Naturalization Act (8 gard to such alien was consistent with the U.S.C. 1101(a)(38)) who is detained by the De- as follows: procedures and standards specified by the partment of Defense at Guantanamo Bay, At the end of subtitle G of title X, add the Secretary of Defense for Combatant Status Cuba.’’. following: Review Tribunals. (2) CERTAIN DECISIONS.— SEC. ll. REVIEW OF STATUS OF DETAINEES. (D) TERMINATION ON RELEASE FROM CUS- (A) IN GENERAL.—Subject to subparagraphs (a) SUBMITTAL OF PROCEDURES FOR STATUS TODY.—The jurisdiction of the United States (B), (C), and (D), the United States Court of REVIEW OF DETAINEES AT GUANTANAMO BAY, Court of Appeals for the District of Columbia Appeals for the District of Columbia Circuit CUBA.—Not later than 180 days after the date Circuit with respect to the claims of an alien shall have exclusive jurisdiction to deter- of the enactment of this Act, the Secretary under this paragraph shall cease upon the re- mine the validity of any decision of a Des- of Defense shall submit to the congressional lease of such alien from the custody of the ignated Civilian Official described in sub- defense committees, and to the Committees Department of Defense. section (b)(2) that an alien is properly de- on the Judiciary of the Senate and the House (3) EFFECTIVE DATE.—The amendment tained as an enemy combatant. of Representatives, a report setting forth the made by paragraph (1) shall apply to any ap- (B) LIMITATION ON CLAIMS.—The jurisdic- procedures of the Combatant Status Review plication or other action that is pending on tion of the United States Court of Appeals Tribunals and the noticed Administrative or after the date of the enactment of this for the District of Columbia Circuit under Review Boards in operation at Guantanamo Act. Paragraph (2) shall apply with respect this paragraph shall be limited to claims Bay, Cuba, for determining the status of the to any claim regarding a decision covered by brought by or on behalf of an alien— detainees held at Guantanamo Bay. that paragraph that is pending on or after (i) who is, at the time a request for review (b) PROCEDURES.—The procedures sub- such date. by such court is filed, detained by the De- mitted to Congress pursuant to subsection partment of Defense at Guantanamo Bay, (a) shall, with respect to proceedings begin- SA 2516. Mr. GRAHAM (for himself, Cuba; and ning after the date of the submittal of such Mr. KYL, and Mr. CHAMBLISS) proposed (ii) for whom a Combatant Status Review procedures under that subsection, ensure an amendment to amendment SA 2515 Tribunal has been conducted, pursuant to ap- that— plicable procedures specified by the Sec- proposed by Mr. GRAHAM (for himself, (1) in making a determination of status of retary of Defense. YL HAMBLISS OR any detainee under such procedures, a Com- Mr. K , Mr. C , and Mr. C - (C) SCOPE OF REVIEW.—The jurisdiction of batant Status Review Tribunal or Adminis- NYN) to the bill S. 1042, to authorize ap- the United States Court of Appeals for the trative Review Board may not consider propriations for fiscal year 2006 for District of Columbia Circuit on any claims statements derived from persons that, as de- military activities of the Department with respect to an alien under this paragraph termined by such Tribunal or Board, by the of Defense, for military construction, shall be limited to the consideration of preponderance of the evidence, were obtained and for defense activities of the De- whether the status determination of the with undue coercion; and partment of Energy, to prescribe per- Combatant Status Review Tribunal with re- (2) the Designated Civilian Official shall be sonnel strengths for such fiscal year gard to such alien was consistent with the an officer of the United States Government for the Armed Forces, and for other procedures and standards specified by the whose appointment to office was made by Secretary of Defense for Combatant Status the President, by and with the advice and purposes; as follows: Review Tribunals. consent of the Senate. Strike all after the word SEC. (D) TERMINATION ON RELEASE FROM CUS- (c) REPORT ON MODIFICATION OF PROCE- . ll. REVIEW OF STATUS OF DETAINEES. TODY.—The jurisdiction of the United States DURES.—The Secretary of Defense shall sub- (a) SUBMITTAL OF PROCEDURES FOR STATUS Court of Appeals for the District of Columbia mit to the committees of Congress referred REVIEW OF DETAINEES AT GUANTANAMO BAY, Circuit with respect to the claims of an alien to in subsection (a) a report on any modifica- CUBA.—Not later than 180 days after the date under this paragraph shall cease upon the re- tion of the procedures submitted under sub- of the enactment of this Act, the Secretary lease of such alien from the custody of the section (a) not later than 30 days before the of Defense shall submit to the congressional Department of Defense. date on which such modifications go into ef- defense committees, and to the Committees (3) EFFECTIVE DATE.—The amendment fect. on the Judiciary of the Senate and the House made by paragraph (1) shall apply to any ap- (d) JUDICIAL REVIEW OF DETENTION OF of Representatives, a report setting forth the plication or other action that is pending on ENEMY COMBATANTS.— procedures of the Combatant Status Review or after the date of the enactment of this (1) IN GENERAL.—Section 2241 of title 28, Tribunals and the noticed Administrative Act. Paragraph (2) shall apply with respect United States Code, is amended by adding at Review Boards in operation at Guantanamo to any claim regarding a decision covered by the end the following: Bay, Cuba, for determining the status of the that paragraph that is pending on or after ‘‘(e) No court, justice, or judge shall have detainees held at Guantanamo Bay. such date. jurisdiction to hear or consider an applica- (b) PROCEDURES.—The procedures sub- This section shall become effective 1 day tion for a writ of habeas corpus filed by or on mitted to Congress pursuant to subsection after enactment. behalf of an alien outside the United States (a) shall, with respect to proceedings begin- (as that term is defined in section 101(a)(38) ning after the date of the submittal of such SA 2517. Mr. BINGAMAN submitted procedures under that subsection, ensure of the Immigration and Naturalization Act (8 an amendment intended to be proposed that— U.S.C. 1101(a)(38)) who is detained by the De- to amendment SA 2515 proposed by Mr. (1) in making a determination of status of partment of Defense at Guantanamo Bay, GRAHAM (for himself, Mr. KYL, Mr. any detainee under such procedures, a Com- Cuba.’’. batant Status Review Tribunal or Adminis- CHAMBLISS, and Mr. CORNYN) to the bill (2) CERTAIN DECISIONS.— trative Review Board may not consider S. 1042, to authorize appropriations for (A) IN GENERAL.—Subject to subparagraphs statements derived from persons that, as de- fiscal year 2006 for military activities (B), (C), and (D), the United States Court of termined by such Tribunal or Board, by the of the Department of Defense, for mili- Appeals for the District of Columbia Circuit preponderance of the evidence, were obtained tary construction, and for defense ac- shall have exclusive jurisdiction to deter- with undue coercion; and mine the validity of any decision of a Des- tivities of the Department of Energy, (2) the Designated Civilian Official shall be ignated Civilian Official described in sub- to prescribe personnel strengths for an officer of the United States Government section (b)(2) that an alien is properly de- such fiscal year for the Armed Forces, whose appointment to office was made by tained as an enemy combatant. and for other purposes; which was or- the President, by and with the advice and (B) LIMITATION ON CLAIMS.—The jurisdic- dered to lie on the table; as follows: consent of the Senate. tion of the United States Court of Appeals (c) REPORT ON MODIFICATION OF PROCE- On page 3, strike line 3 and all that fol- for the District of Columbia Circuit under DURES.—The Secretary of Defense shall sub- lows through the end. this paragraph shall be limited to claims mit to the committees of Congress referred brought by or on behalf of an alien— to in subsection (a) a report on any modifica- SA 2518. Mr. WARNER (for himself (i) who is, at the time a request for review tion of the procedures submitted under sub- and Mr. FRIST) proposed an amendment by such court is filed, detained by the De- section (a) not later than 30 days before the to the bill S. 1042, to authorize appro- partment of Defense at Guantanamo Bay, date on which such modifications go into ef- priations for fiscal year 2006 for mili- Cuba; and fect. tary activities of the Department of (ii) for whom a Combatant Status Review (d) JUDICIAL REVIEW OF DETENTION OF Defense, for military construction, and Tribunal has been conducted, pursuant to ap- ENEMY COMBATANTS.— for defense activities of the Depart- plicable procedures specified by the Sec- (1) IN GENERAL.—Section 2241 of title 28, retary of Defense. United States Code, is amended by adding at ment of Energy, to prescribe personnel (C) SCOPE OF REVIEW.—The jurisdiction of the end the following: strengths for such fiscal year for the the United States Court of Appeals for the ‘‘(e) No court, justice, or judge shall have Armed Forces, and for other purposes; District of Columbia Circuit on any claims jurisdiction to hear or consider an applica- as follows:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12701 At the end of title XII, add the following: and Security Indicators to Conditions for (6) the Administration needs to explain to SEC. ll. UNITED STATES POLICY ON IRAQ. Stabilizing Iraq), and any subsequent up- Congress and the American people its strat- (a) SHORT TITLE.—This section may be dates to that campaign plan, that must be egy for the successful completion of the mis- cited as the ‘‘United States Policy on Iraq met in order to provide for the transition of sion in Iraq. Act’’. security responsibility to Iraqi security (c) REPORTS TO CONGRESS ON UNITED (b) SENSE OF SENATE.—It is the sense of the forces. STATES POLICY AND MILITARY OPERATIONS IN Senate that, in order to succeed in Iraq— (4) To the extent that these conditions are IRAQ.—Not later than 30 days after the date (1) members of the United States Armed not covered under paragraph (3), the fol- of the enactment of this Act, and every three Forces who are serving or have served in Iraq lowing should also be addressed: months thereafter until all United States and their families deserve the utmost re- (A) The number of battalions of the Iraqi combat brigades have redeployed from Iraq, spect and the heartfelt gratitude of the Armed Forces that must be able to operate the President shall submit to Congress an American people for their unwavering devo- independently or to take the lead in counter- unclassified report on United States policy tion to duty, service to the Nation, and self- insurgency operations and the defense of and military operations in Iraq. Each report less sacrifice under the most difficult cir- Iraq’s territory. shall include the following: cumstances; (B) The number of Iraqi special police units (1) The current military mission and the (2) it is important to recognize that the that must be able to operate independently diplomatic, political, economic, and military Iraqi people have made enormous sacrifices or to take the lead in maintaining law and measures, if any, that are being or have been and that the overwhelming majority of order and fighting the insurgency. undertaken to successfully complete or sup- Iraqis want to live in peace and security; (C) The number of regular police that must port that mission, including: (3) calendar year 2006 should be a period of be trained and equipped to maintain law and (A) Efforts to convince Iraq’s main commu- significant transition to full Iraqi sov- order. nities to make the compromises necessary ereignty, with Iraqi security forces taking (D) The ability of Iraq’s Federal ministries for a broad-based and sustainable political the lead for the security of a free and sov- and provincial and local governments to settlement. ereign Iraq, thereby creating the conditions independently sustain, direct, and coordinate (B) Engaging the international community for the phased redeployment of United Iraq’s security forces. and the region in the effort to stabilize Iraq States forces from Iraq; (5) The criteria to be used to evaluate and to forge a broad-based and sustainable (4) United States military forces should progress toward meeting such conditions. political settlement. not stay in Iraq any longer than required and (6) A schedule for meeting such conditions, (C) Strengthening the capacity of Iraq’s the people of Iraq should be so advised; an assessment of the extent to which such government ministries. (5) the Administration should tell the lead- conditions have been met, information re- (D) Accelerating the delivery of basic serv- ers of all groups and political parties in Iraq garding variables that could alter that ices. that they need to make the compromises schedule, and the reasons for any subsequent (E) Securing the delivery of pledged eco- necessary to achieve the broad-based and changes to that schedule. nomic assistance from the international sustainable political settlement that is es- community and additional pledges of assist- sential for defeating the insurgency in Iraq, SA 2519. Mr. LEVIN (for himself, Mr. ance. within the schedule they set for themselves; BIDEN, Mr. REID, Mr. DODD, Mr. KERRY, (F) Training Iraqi security forces and and Mr. FEINGOLD, Mr. DURBIN, Mr. REED, transferring security responsibilities to (6) the Administration needs to explain to Mr. KENNEDY, Mrs. FEINSTEIN, Mr. those forces and the government of Iraq. Congress and the American people its strat- OBAMA, and Mrs. BOXER) proposed an (2) Whether the Iraqis have made the com- egy for the successful completion of the mis- amendment to the bill S. 1042, to au- promises necessary to achieve the broad- sion in Iraq. based and sustainable political settlement thorize appropriations for fiscal year (c) REPORTS TO CONGRESS ON UNITED that is essential for defeating the insurgency STATES POLICY AND MILITARY OPERATIONS IN 2006 for military activities of the De- in Iraq. IRAQ.—Not later than 90 days after the date partment of Defense, for military con- (3) Any specific conditions included in the of the enactment of this Act, and every three struction, and for defense activities of April 2005 Multi-National Forces-Iraq cam- months thereafter until all United States the Department of Energy, to prescribe paign action plan (referred to in United combat brigades have redeployed from Iraq, personnel strengths for such fiscal year States Government Accountability Office the President shall submit to Congress an for the Armed Forces, and for other October 2005 report on Rebuilding Iraq: DOD unclassified report on United States policy purposes; as follows: Reports Should Link Economic, Governance, and military operations in Iraq. Each report and Security Indicators to Conditions for shall include, to the extent practicable, the At the end of title XII, add the following: Stabilizing Iraq), and any subsequent up- following unclassified information: SEC. ll. UNITED STATES POLICY ON IRAQ. dates to that campaign plan, that must be (1) The current military mission and the (a) SHORT TITLE.—This section may be met in order to provide for the transition of diplomatic, political, economic, and military cited as the ‘‘United States Policy on Iraq security responsibility to Iraqi security measures, if any, that are being or have been Act’’. forces. undertaken to successfully complete or sup- (b) SENSE OF SENATE.—It is the sense of the (4) To the extent that these conditions are port that mission, including: Senate that, in order to succeed in Iraq— not covered under paragraph (3), the fol- (A) Efforts to convince Iraq’s main commu- (1) members of the United States Armed lowing should also be addressed: nities to make the compromises necessary Forces who are serving or have served in Iraq (A) The number of battalions of the Iraqi for a broad-based and sustainable political and their families deserve the utmost re- Armed Forces that must be able to operate settlement. spect and the heartfelt gratitude of the independently or to take the lead in counter- (B) Engaging the international community American people for their unwavering devo- insurgency operations and the defense of and the region in the effort to stabilize Iraq tion to duty, service to the Nation, and self- Iraq’s territory. and to forge a broad-based and sustainable less sacrifice under the most difficult cir- (B) The number of Iraqi special police units political settlement. cumstances; that must be able to operate independently (C) Strengthening the capacity of Iraq’s (2) it is important to recognize that the or to take the lead in maintaining law and government ministries. Iraqi people have made enormous sacrifices order and fighting the insurgency. (D) Accelerating the delivery of basic serv- and that the overwhelming majority of (C) The number of regular police that must ices. Iraqis want to live in peace and security; be trained and equipped to maintain law and (E) Securing the delivery of pledged eco- (3) calendar year 2006 should be a period of order. nomic assistance from the international significant transition to full Iraqi sov- (D) The ability of Iraq’s Federal ministries community and additional pledges of assist- ereignty, with Iraqi security forces taking and provincial and local governments to ance. the lead for the security of a free and sov- independently sustain, direct, and coordinate (F) Training Iraqi security forces and ereign Iraq, thereby creating the conditions Iraq’s security forces. transferring security responsibilities to for the phased redeployment of United (5) The criteria to be used to evaluate those forces and the government of Iraq. States forces from Iraq; progress toward meeting such conditions. (2) Whether the Iraqis have made the com- (4) United States military forces should (6) A schedule for meeting such conditions, promises necessary to achieve the broad- not stay in Iraq indefinitely and the people an assessment of the extent to which such based and sustainable political settlement of Iraq should be so advised; conditions have been met, information re- that is essential for defeating the insurgency (5) the Administration should tell the lead- garding variables that could alter that in Iraq. ers of all groups and political parties in Iraq schedule, and the reasons for any subsequent (3) Any specific conditions included in the that they need to make the compromises changes to that schedule. April 2005 Multi-National Forces-Iraq cam- necessary to achieve the broad-based and (7) A campaign plan with estimated dates paign action plan (referred to in United sustainable political settlement that is es- for the phased redeployment of the United States Government Accountability Office sential for defeating the insurgency in Iraq, States Armed Forces from Iraq as each con- October 2005 report on Rebuilding Iraq: DOD within the schedule they set for themselves; dition is met, with the understanding that Reports Should Link Economic, Governance, and unexpected contingencies may arise.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12702 CONGRESSIONAL RECORD — SENATE November 10, 2005 SA 2520. Mr. FRIST (for Mr. INOUYE) mittee on Banking, Housing, and to conduct a hearing on ‘‘Why the Gov- proposed an amendment to the resolu- Urban Affairs be authorized to meet ernment Should Care about Pornog- tion S. Res. 9, expressing the sense of during the session of the Senate on No- raphy: The State Interest in Protecting the Senate regarding designation of the vember 10, 2005, at 9:30 a.m., to conduct Children and Families’’ on Thursday, month of November as ‘‘National Mili- a hearing on ‘‘The Development of New November 10, 2005 at 2 p.m. in SD226. tary Family Month’’; as follows: Basel Capital Accords.’’ Witness List On page 2, line 2, strike ‘‘; and’’ and all The PRESIDING OFFICER. Without that follows to the end. objection, it is so ordered. Panel I: Pamela Paul, author of COMMITTEE ON ENERGY AND NATURAL Pornified, New York, NY; Dean Rodney SA 2521. Mr. FRIST (for Mr. LEAHY) RESOURCES Smolla, Dean, University of Richmond proposed an amendment to the bill S. Mr. WARNER. Mr. President, I ask School of Law, Richmond, VA; Jill 1558, An act to amend the Ethics in unanimous consent that the Com- Manning, Social Science Fellow, Herit- Government Act of 1978 to protect fam- mittee on Energy and Natural Re- age Foundation, Washington, DC, Soci- ily members of filers from disclosing sources be authorized to meet during ologist, Brigham Young University, sensitive information in a public filing the session of the Senate on Thursday, Provo, UT; Leslie Harris, Senior Con- and to extend for 4 years the authority November 10 at 10:30 a.m. The purpose sultant and Incoming Executive Direc- to redact financial disclosure state- of this meeting is to consider the nomi- tor, Center for Democracy and Tech- ments of judicial employees and judi- nations of Jeffrey D. Jarrett to be As- nology, Washington, DC; and Richard cial officers; as follows: sistant Secretary for Fossil Energy, Whidden, Executive Director and Sen- Strike all after the enacting clause and in- DOE; and Edward F. Sproat, III to be ior Counsel, National Law Center for sert the following: Director, Office of Civilian Radioactive Children and Families, Fairfax, VA. SECTION 1. PROTECTION OF FAMILY MEMBERS. Waste Management, DOE. The PRESIDING OFFICER. Without Section 105(b)(3) of the Ethics in Govern- objection, it is so ordered. ment Act of 1978 (5 U.S.C. App.) is amended— The PRESIDING OFFICER. Without objection, it is so ordered. SUBCOMMITTEE ON CLEAN AIR, CLIMATE (1) in subparagraph (A), by inserting ‘‘or a CHANGE, AND NUCLEAR SAFETY COMMITTEE ON FINANCE family member of that individual’’ after Mr. WARNER. Mr. President, I ask ‘‘that individual’’; and Mr. WARNER. Mr. President, I ask (2) in subparagraph (B)(i), by inserting ‘‘or unanimous consent that the Sub- unanimous consent that the Com- committee on Clean Air, Climate a family member of that individual’’ after mittee on Finance be authorized to ‘‘the report’’. Change, and Nuclear Safety be author- meet in open Executive Session during ized to hold a hearing on November 10 SEC. 2. EXTENSION OF PUBLIC FILING REQUIRE- the session on Thursday, November 10, MENT. at 9:30 a.m. regarding the implementa- Section 105(b)(3)(E) of the Ethics in Gov- 2005, at 10 a.m., to consider an original tion of the existing particulate matter ernment Act of 1978 (5 U.S.C. App.) is amend- bill that will include the Committee’s and ozone air quality standards. ed by striking ‘‘2005’’ each place it appears budget reconciliation instructions per- The PRESIDING OFFICER. Without and inserting ‘‘2009’’. taining to expiring tax provisions and objection, it is so ordered. also additional incentives for hurricane SUBCOMMITTEE ON DISASTER PREVENTION AND SA 2522. Mr. FRIST (for Mr. LEAHY) affected areas. proposed an amendment to the bill S. PREDICTION The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I ask 1558, An act to amend the Ethics in objection, it is so ordered. Government Act of 1978 to protect fam- unanimous consent that the Sub- COMMITTEE ON THE JUDICIARY ily members of filers from disclosing committee on Science and Space and Mr. WARNER. Mr. President, I ask sensitive information in a public filing Subcommittee on Disaster Prevention unanimous consent that the Com- and to extend for 4 years the authority and Prediction be authorized to meet mittee on the Judiciary be authorized to redact financial disclosure state- on Thursday, November 10, 2005, at 2:30 to meet to conduct a markup on Thurs- ments of judicial employees and judi- p.m., on S. 517-Weather Modification. day, November 10, 2005 at 9:30 a.m. in cial officers; as follows: The PRESIDING OFFICER. Without Senate Dirksen Office Building Room objection, it is so ordered. At the appropriate place, insert the fol- 226. lowing: f The PRESIDING OFFICER. Without Amend the title so as to read: ‘‘To amend PRIVILEGES OF THE FLOOR the Ethics in Government Act of 1978 to pro- objection, it is so ordered. tect family members of filers from disclosing COMMITTEE ON VETERANS’ AFFAIRS Mr. SESSIONS. Madam President, I sensitive information in a public filing and Mr. WARNER. Mr. President, I ask ask unanimous consent that CDR Rich- to extend for 4 years the authority to redact unanimous consent that the Com- ard Paquette, a Navy legislative fellow financial disclosure statements of judicial mittee on Veterans’ Affairs be author- with my office, be granted the privi- employees and judicial officers.’’. ized to meet during the session of the leges of the floor for the remainder of f Senate on Thursday, November 10, 2005, the debate on S. 1042, the fiscal year AUTHORITIES FOR COMMITTEES for a committee hearing to examine 2006 National Defense Authorization TO MEET the rebuilding of VA assets on the Gulf Act. The PRESIDING OFFICER. Without COMMITTEE ON AGRICULTURE, NUTRITION, AND Coast. The hearing will take place in room 138 of the Dirksen Senate Office objection, it is so ordered. FORESTRY Mr. LEAHY. Mr. President, I ask Building at 2 p.m. Mr. WARNER. Mr. President, I ask unanimous consent that Bill Sexton of unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. my staff be granted privilege of the mittee on Agriculture, Nutrition and floor for the duration of the consider- SUBCOMMITTEE ON AVIATION Forestry be authorized to conduct a ation of this bill. hearing during the session of the Sen- Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without ate on Thursday, November 10, 2005 at unanimous consent that the Sub- objection, it is so ordered. 9 a.m. in 328A, Senate Russell Office committee on Aviation be authorized Mr. MCCONNELL. Mr. President, I Building. The purpose of this com- to meet on Thursday, November 10, ask unanimous consent that Harry mittee hearing will be to consider the 2005, at 9:30 a.m., on the Wright Amend- Christy and Bob Lester of the State nominations for Chief Financial Officer ment. Foreign Operations and Related Pro- and Administrator of the Rural Utili- The PRESIDING OFFICER. Without grams Subcommittee be given floor ties Service at the United States De- objection, it is so ordered. privileges during consideration of the partment of Agriculture. SUBCOMMITTEE ON THE CONSTITUTION, CIVIL fiscal year 2006 Foreign Operations bill. RIGHTS, AND PROPERTY RIGHTS The PRESIDING OFFICER. Without f objection, it is so ordered. Mr. WARNER. Mr. President, I ask COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Com- UNANIMOUS CONSENT AFFAIRS mittee on the Judiciary Subcommittee AGREEMENT—H.R. 2419 Mr. WARNER. Mr. President, I ask on the Constitution, Civil Rights and Mr. FRIST. I ask unanimous consent unanimous consent that the Com- Property Rights be authorized to meet that at 4:30 p.m. Monday, November 14,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12703 the Senate proceed to the conference REMOVAL OF INJUNCTION OF SE- VETERANS DAY report to accompany H.R. 2419, the En- CRECY PROTOCOL AMENDING Mr. BYRD. Mr. President, this Fri- ergy and Water appropriations bill, THE CONVENTION WITH SWEDEN day, November 11, is celebrated in this with 1 hour of debate allocated as fol- ON TAXES ON INCOME country as Veterans Day. It is always lows: 30 minutes equally divided be- Mr. FRIST. As in executive session, I held on the 11th of November in mem- tween the bill managers, 15 minutes ask unanimous consent the injunction ory of the end of World War I. In that under the control of Senator MCCAIN, of secrecy be removed from the fol- ‘‘War to End All Wars’’ what wishful, and 15 minutes under the control of lowing treaty transmitted to the Sen- optimistic thinking. All guns were laid Senator COBURN. ate on November 10, 2005, by the Presi- down on the eleventh hour of the elev- I further ask consent that following dent of the United States: Protocol enth day of the eleventh month, at 11 the use or yielding back of time the Amending the Convention with Sweden o’clock a.m. on November 11, 1918. On Senate proceed to a vote on adoption of on Taxes on Income (Treaty Document that fateful hour, I am sure that many the conference report, with no inter- 109–8). prayers of thanksgiving flew heaven- vening action or debate. I further ask that the treaty be con- ward as Doughboys and their families The PRESIDING OFFICER. Without sidered as having been read a first rejoiced at their survival in spite of the objection, it is so ordered. time; that it be referred with accom- most bitter and horrible fighting the panying papers to the Committee on world had yet experienced. f World War I saw the introduction of Foreign Relations in order to be print- new and more deadly forms of warfare, ed; and that the President’s message be EXECUTIVE SESSION as technology and chemistry were ECORD. printed in the R brought to bear on the battlefield. The PRESIDING OFFICER. Without Horses were replaced by the first crude objection, it is so ordered. EXECUTIVE CALENDAR tanks and self-propelled guns. Mono- The message of the President is as planes and biplanes brought warfare to Mr. FRIST. I ask unanimous consent follows: the skies overhead for the first time. the Senate immediately proceed to ex- To the Senate of the United States: Chemical weapons, terrible and dead- ecutive session to consider the fol- I transmit herewith for the advice ly, clouded the trenches. Diseases lowing nominations on today’s Execu- and consent of the Senate to ratifica- stalked the fields as well, from tive Calendar: Calendar Nos. 399, 435, tion, a Protocol Amending the Conven- trenchfoot to the deadly Spanish flu and 438; provided further that the Com- tion Between the Government of the that killed combatants and civilians mittee on Finance be discharged from United States of America and the Gov- alike. It was a dreadful time, one that further consideration of the nomina- ernment of Sweden for the Avoidance would surely erase the desire to battle, tion of Susan Schwab, PN 1032, and the of Double Taxation and the Prevention if only that desire could be wiped from Senate proceed to its consideration; of Fiscal Evasion with Respect to the human genome. provided further that the Committee Taxes on Income signed at Washington In 2005, in wake of World War II, the on Agriculture be discharged from fur- on September 30, 2005 (the ‘‘Protocol’’). Korean war, the Vietnam conflict, the ther consideration of the following cold war and repeated conflicts in the Also transmitted for the information of nominations: James Andrew, PN 802; Balkans, in Iraq, and in Afghanistan, the Senate is the report of the Depart- Charles Christopherson, PN 839. World War I seems almost quaint. ment of State with respect to the Pro- I further ask unanimous consent the There was no threat of nuclear war tocol. bringing vast destruction to our home- nominations be confirmed en bloc, the The Protocol eliminates the with- land. There was no threat of terrorist motions to reconsider be laid upon the holding tax on certain cross-border div- attacks against innocent civilians. table, the President be immediately idend payments. The proposed Protocol There was some respect for noncombat- notified of the Senate’s action, and the is one of a few recent U.S. tax agree- ants, and there were no kidnappings or Senate then return to legislative ses- ments to provide for the elimination of sion. concentration camps. the withholding tax on dividends aris- Today’s battlefield is amorphous. It The PRESIDING OFFICER. Without ing from certain direct investments. In objection, it is so ordered. touches humanitarian volunteers and addition, the Protocol also modernizes journalists. It strikes at soldiers in The nominations considered and con- the Convention to bring it into closer firmed en bloc are as follows: their weary bivoacs, and it threatens conformity with current U.S. tax-trea- to reach again into our everyday lives DEPARTMENT OF STATE ty policy, including strengthening the and travels. Our battle-stained soldiers Anne W. Patterson, of Virginia, a Career treaty’s provisions preventing so-called Member of the Senior Foreign Service, Class get no rest. treaty shopping. This Veterans Day, we are at war on of Career Minister, to be an Assistant Sec- I recommend that the Senate give retary of State (International Narcotics and three fronts. First, let us never forget Law Enforcement Affairs. early and favorable consideration to that we have troops in Afghanistan, this Protocol and that the Senate give DEPARTMENT OF JUSTICE still struggling to defeat the remnants its advice and consent to ratification. Sue Ellen Wooldridge, of Virginia, to be an of those who attacked us on September GEORGE W. BUSH. Assistant Attorney General. 11, 2001. They do not receive as much THE WHITE HOUSE, November 10, 2005. press coverage as the conflict in Iraq, DEPARTMENT OF VETERANS AFFAIRS f but their fight is taking place in the George J. Opfer, of Virginia, to be Inspec- heartland of the Taliban, the refuge of tor General, Department of Veterans Affairs. EXPRESSING THE SENSE OF THE last resort for the mastermind of the 9/ EXECUTIVE OFFICE OF THE PRESIDENT SENATE REGARDING VETERANS DAY 2005 11 attack, Osama bin Laden. Our pray- Susan C. Schwab, of Maryland, to be a Dep- ers go out to those brave men and uty United States Trade Representative, Mr. FRIST. Mr. President, I ask women who labor in the deserts and with the rank of Ambassador. unanimous consent that the Senate James M. Andrew, of Georgia, to be Ad- the high, cold mountains of that em- now proceed to the consideration of S. battled land. Your efforts and your sac- ministrator, Rural Utilities Service, Depart- Res. 305, which was submitted earlier ment of Agriculture. rifices are not forgotten. Charles R. Christopherson, Jr., of Texas, to today. Second, we also have troops in Iraq, be Chief Financial Officer, Department of The PRESIDING OFFICER. The in a battle of our choosing. It is a bat- Agriculture. clerk will please report the resolution tle that is consuming a high and by title. bloody price on each difficult day. Our f The legislative clerk read as follows: anxious prayers are with those men A resolution (S. Res. 305) expressing the and women too, who must face each LEGISLATIVE SESSION sense of the Senate regarding Veterans Day day not knowing what is around each The PRESIDING OFFICER. Under 2005. comer or along each dangerous road- the previous order, the Senate will re- There being no objection, the Senate way. They may be sure, beyond a shad- sume legislative session. proceeded to consider the resolution. ow of a doubt, that whatever we do

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12704 CONGRESSIONAL RECORD — SENATE November 10, 2005 here to question or investigate the cir- their care packages, their prayers, and tered military service. Many enlisted cumstances that led to their deploy- their loving welcomes home. on December 8, 1941, or at the begin- ment to Iraq, they have our unwaver- On Veterans Day, the Nation pays its ning of other conflicts. Some began ing respect and support in addition to respects to the men and women who their military careers at a service our prayers. Those of their comrades have served and are now serving our academy or with a letter from the U.S. who have paid a dear price and who lie Nation in uniform, and who have faced government. Yet when their service is wounded in hospitals have our thanks or are facing our foes in battle. Give complete, veterans of every era, every and sincere wishes for a speedy recov- them your thanks, and give them their background, every branch, have certain ery. To the families who have lost a due. They are true patriots. They have shared commitments and experiences loved one in battle in service to our faced great dangers for each and every that form bonds that will last a life- Nation, we owe a great debt. one of us. time. They have no Veterans Day prayer of Mr. President, I close with a poem by America’s war veterans have fought thanksgiving, only the honored mem- Edgar Guest: for the security of this Nation and for ory of their loved one. The things that make a soldier great and the safety and peace of the world. They Our third war is taking place at send him out to die, have humbled tyrants and defended the home, as the Nation struggles to put in To face the flaming cannon’s mouth nor ever innocent and oppressed. The men and place protections to deter, prevent, or question why, women of our Armed Forces have en- respond to a terror attack within our Are lilacs by a little porch, the row of tulips gaged the enemy on many fronts and red, borders. The military, the Department confronted grave dangers to defend the of Homeland Security, and State and The peonies and pansies, too, the old petunia bed, safety of the American people. They local first responders all must define The grass plot where his children play, the serve and fight today, and their great and organize themselves to meet these roses on the wall: achievements are added to American new threats. We are all familiar with ’Tis these that make a soldier great. history. Americans are forever grateful the early responses, from machine-gun He’s fighting for them all. for their honor, their courage, and wielding National Guardsmen patrol- ’Tis not the pomp and pride of kings that their sacrifice. ling our airports to fighter jets circling make a soldier brave; Today and every day, the prayers of overhead on combat air patrol. We now ’Tis not allegiance to the flag that over him the American people are with those dutifully take our shoes off for inspec- may wave; who wear our country’s uniform. They tion before boarding a plane, and we For soldiers never fight so well on land or on follow a great tradition handed down park farther from public buildings. We the foam; As when behind the cause they see the little to them by America’s veterans. Our are reviewing what role the military place called home. veterans from every era are the finest should play in responding to terror at- Endanger but that humble street whereon of citizens. We owe them the life we tacks or natural disasters. We are de- his children run, You make a soldier of know today. They command the re- bating what legal protections and due the man who never bore a gun. spect of the people, and they have our process are due to those who are ac- What is it through the battle smoke the val- lasting gratitude. cused of involvement in suspected ter- iant soldier sees? Mr. FEINGOLD. Mr. President, to- ror plots. We are weighing what loss of The little garden far away, the budding apple morrow the Nation will pause to honor privacy with regard to our electronic trees, those brave Americans who have so transactions, even our library book The little patch of ground back there, the selflessly served our country in the withdrawals and Web searches, is com- children at their play, Armed Forces. For more than 200 Perhaps a tiny mound behind the simple mensurate with the threat to our safe- church of gray. years, men and women have proudly ty. These new threats have made sig- The golden thread of courage isn’t linked to worn the uniform of the United States. nificant changes in our way of life, to castle dome; In peacetime and in wartime, these be sure. Thankfully, we have not been But to the spot, where’er it be—the humblest selfless individuals have served and tested again so far. spot called home. sacrificed on our behalf, many of them The changes in our daily routines are And now the lilacs bud again and all is love- far away from their homes and from minute, however, in comparison to the ly there, their families. Too may of them have challenges facing our men and women And homesick soldiers far away know spring made the ultimate sacrifice, and too in uniform. Their foes wear no uni- is in the air; many others bear the permanent scars forms, no recognizable insignia. They The tulips come to bloom again, the grass of war, both seen and unseen. We owe travel in crowds, in taxis and buses, in once more is green, And every man can see the spot where all his them—and their families—our deepest, private cars and cement trucks loaded joys have been. heartfelt gratitude. with explosives. They target diplomats, He sees his children smile at him, he hears As we prepare to mark Veterans Day journalists, and those laboring to im- the bugle call, in the United States with appropriate prove local living conditions as well as And only death can stop him now—he’s ceremonies and recognitions such as those in uniform. They target their fighting for them all. those that will take place in big cities own countrymen serving to keep the Ms. LANDRIEU. Mr. President, we and small towns across my home State peace on their neighborhood streets. observe Veterans Day on an anniver- of Wisconsin, men and women from my They come from other nations, driven sary of a day when war ended and our State and across our country will be by a fanaticism most of us cannot fath- Nation was again at peace. November continuing to serve with honor and dis- om, let alone comprehend. Our men 11, 1918, Armistice Day, has been a day tinction on our behalf in Iraq, Afghani- and women in uniform are fighting the we use to remember our debt to all who stan, and elsewhere. Their dedication hardest kind of war against a chame- have worn the uniform of the United to this great country—and that of leon foe hidden in plain sight among States. those who served before them—should the passing crowd. They have made re- Our veterans have borne the costs of inspire us all. peated trips to the battlefield as our America’s wars and have sacrificed so These quiet heroes can be found in all overstretched forces must deply and re- that not only our Nation but also our of our communities—in our families, deploy. My heart goes out to them and world can be free from terror. Today, within our circles of friends and ac- my prayers are with them. every veteran can be certain, the Na- quaintances, in our schools, at our American men and women in the tion you serve and the people you de- places of worship, at the local barber military services customarily state fend are grateful. shop or salon, and at various neighbor- that they are proud to serve, proud to Today more than 25 million Ameri- hood gathering places. Many of our answer the Nation’s call. Know that cans are either veterans or retired veterans, while intensely patriotic and this Senator, too is proud—proud and military. This number includes men proud of their service—to our country, thankful for the bravery and skill of and women from World War I, World decline to talk in detail about their our Nation’s soldiers, sailors, and air- War II, Korea, Vietnam, Desert Storm, own acts of courage. Such humility is a men. And I am proud of the families Afghanistan, and Iraq. Every Veteran testament to the selfless nature of who support our troops with their love, has their own story of how they en- these individuals. It is also a reminder

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12705 of the sometimes painful burden that amendment that I offered to the fiscal others have experienced serious injury too many of our veterans carry as a re- year 2006 Defense authorization bill and harm. sult of their service—a burden that which is based on legislation I intro- With thousands and thousands of vet- may include memories of wartime ex- duced in June, the Veterans Enhanced erans coming home from this war, we periences that are too personal to Transition Services Act, VETS Act. must prepare for their return and en- share even with the closest of family This amendment represents another sure that they receive the care and members and friends. step toward enhancing and strength- benefits they deserve. These men and women show their ening transition services that are pro- Today, there are 24.5 million living pride in and dedication to their coun- vided to our military personnel by veterans in the United States. And I try in ways large and small, but do not making a number of improvements to am proud that California is home to call attention to their own heroism. the existing transition and post-de- the most veterans in the country—over Many of them continue to serve their ployment/pre-discharge health assess- 2.3 million. fellow Americans and their fellow vet- ment programs. As California’s senior Senator, I am erans though active membership in My amendment will ensure that honored to serve as the ranking mem- veterans service organization and other members of the National Guard and ber of the Military Construction and community groups. Others talk to Reserve who have been on active duty Veteran Affairs Appropriations Sub- school and youth groups about the im- continuously for at least 180 days are committee. portance of service, and many work able to participate in transition pro- In July of this year, the Senate ap- tirelessly to keep alive the memories grams and requires that additional in- proved a spending package that proof those who did not return home. formation be included in these transi- vides over $70.7 billion for the Depart- Thousands of veterans around the tion programs, such as details about ment of Veterans Affairs, over $1 bil- country will gather proudly tomorrow employment and reemployment rights lion more than the administration’s re- for events marking Veterans Day. No- and a description of the health care quest. vember 11 is a date with special signifi- and other benefits to which personnel The appropriated funds contain $23.3 cance in our history. On that day in may be entitled through the VA. The billion for medical services, including 1918—at the eleventh hour of the elev- amendment also requires that demobi- nearly $2 billion in emergency funding enth day of the eleventh month—World lizing military personnel have access to address the fiscal year 2006 shortfall. War I ended. In 1926, a joint resolution to follow-up care for physical or psy- The Senate and House are currently of Congress called on the President to chological conditions incurred as a rein conference to reconcile differences issue a proclamation to encourage all sult of their service. In addition, the between the two Chambers’ respective Americans to mark this day by dis- amendment requires that assistance be bills. It is my hope that we will finish playing the United States flag and by provided to eligible military personnel conference on a final version of the observing it with appropriate cere- to enroll in the VA health care system. Military Construction and Veterans Af- monies. Mr. President, as we reflect upon the fairs Appropriations bill and send it to In 1938, Armistice Day was des- solemn meaning of this day, let us keep the President for his signature over the ignated as a legal holiday ‘‘to be dedi- all of our veterans and their families in next several days. cated to the cause of world peace’’ by our thoughts. These men and women In addition to medical services and an act of Congress. This annual rec- are examples of the best that our coun- research, the Senate bill also allocates ognition of the contributions and sac- try has to offer, and they deserve our $104 million for extended care facilities rifices of our Nation’s World War I vet- support—both during times of conflict for our veterans. With 9.5 million Vet- erans was renamed Veterans Day in and after the battles have ended and erans over the age of 65, the need for 1954 so that we might also recognize these valiant men and women have properly funded long-term care is more the service and sacrifice of those who come home to their families and their important than ever. had fought in World War II and the vet- communities. As we reflect upon the To date, a quarter of a million veterans of all of America’s other wars. service of these courageous individuals erans of Operation Enduring Freedom We owe these brave men and women on this Veterans Day, we should also and Operation Iraqi Freedom have been our gratitude, and we also owe them redouble our commitment to continue discharged from Active Duty. our best efforts to ensure they know to honor and support America’s brave Of these, 49,000 have sought care from about and receive the Federal benefits veterans, military personnel, and their the Veterans Administration. As a na- and services that they have earned families on this day and throughout tion we must fully meet our respon- through their service to our country. I the year. sibilities to the veterans of this coun- have long been concerned that too Mrs. FEINSTEIN. Mr. President, I try. many veterans and military personnel rise today to pay tribute to the vet- Advances in medicine have thank- are unaware of benefits and programs erans of our armed services. As combat fully spared many veterans of Iraq and that are available to them through the operations continue in Iraq and Af- Afghanistan from death, but roadside Departments of Veterans Affairs and ghanistan, Veterans Day provides an explosives and other weapons have left Defense and a number of other Federal important opportunity to honor those many of our troops maimed and dis- agencies. I will continue my work to men and women who have made such abled. To better serve wounded vet- ensure that all veterans know about great sacrifices for our Nation, both erans, the Senate recently allocated the benefits for which they may be eli- young and old. $412 million for medical and pros- gible. I will also continue to support ef- Veterans Day is a time to reflect thetics research. forts to fully fund VA health care pro- upon and celebrate the extraordinary There should not be any doubt that grams so that all veterans who wish to contributions of all those who have these brave men and women have given take advantage of their health care served our country in uniform. their all to protect freedom and our benefits are able to do so. No veteran Veterans Day originated on Novem- way of life. should have to wait months to see a ber 11, 1918, as Armistice Day, com- It is estimated that 500,000 veterans doctor or should be told that he or she memorating the end of World War I. spent all or part of this past year is barred from enrolling in the VA Although Veterans Day originally homeless. But tragically, the VA only health care system because of a lack of marked the end of a conflict, it now is has the capabilities to assist one-fifth funding. an important reminder that our re- of all homeless veterans. In addition, I am committed to en- sponsibility to veterans extends far be- We must continue to push for the de- suring that our current military per- yond the close of hostilities. velopment of an effective and expan- sonnel receive adequate health care First, I believe it is important that sive therapeutic housing program to and transition services, including men- we pause and pay tribute to the ap- help these thousands of veterans. tal health services, as they return from proximately 160,000 troops still fighting The new funding will bring us closer deployments abroad and when they rein the regions of Iraq and Afghanistan. to guaranteeing the health, safety, and turn to civilian life. I am pleased that Sadly, more than 2,000 soldiers have comfort of all veterans. The San Diego earlier this week the Senate passed an paid the ultimate sacrifice. Numerous VA Medical Center alone will be able

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12706 CONGRESSIONAL RECORD — SENATE November 10, 2005 to provide care for 2,000 additional pa- Forces, as they represent our State Affairs. I wanted to fight for heroes tients. with honor and distinction across the like my father, uncle, brothers, and It is also our responsibility to ensure country and throughout the world. nephews. In fact, my brother John, that prescription drugs are affordable. Whether protecting Iraqi citizens in himself a veteran and Congressman We must also ensure that health care is their historic effort to form a free and from Colorado’s third district, will accessible and that veterans’ hospitals democratic state or helping evacuate speak at Veterans Day events across are provided with the proper tools and victims of Hurricane Katrina in the his district tomorrow. Like millions of support they need. gulf coast region, their continued com- other veterans, whose actions matched This is why I have consistently voted mitment to our Nation inspires us all. their ideals, it is time the Nation acted for increased funding for VA health Throughout our proud history, the to keep the promises it made to vet- care. Just this year I supported an United States has courageously met erans. amendment to the Defense Appropria- the challenges posed by enemies of Veterans Day is an opportunity for tions Act, which extends military freedom. In the last 100 years, we have all of us to come together to hold pa- health care benefits beyond retire- lost some 700,000 men and women in de- rades and give speeches. Veterans all ment. fense of our country. As we recall their will hear from a number of politicians Noble sacrifices of past generations noble sacrifices, it is also important to tomorrow. deserve to be remembered and cher- honor the relatives and loved ones who It reminds me of something a young ished. Congress has consistently sup- help shoulder the burden of service. Ben Franklin wrote to his mother and ported the construction of new ceme- America now faces new challenges father in 1738: teries where the memories of our es- from enemies that did not exist when the scripture assures me that at the last teemed veterans can be honored and our Nation’s veterans fought in pre- day we shall not be examined by what we their legacies celebrated. vious wars. Those who fought tyranny thought, but by what we did . . . that we did As a nation I believe we should also and paid the ultimate price did so for good to our fellow creatures. resist attempts to sell out land and fa- an honorable and enduring cause. Gen- John Kennedy put it another way: cilities earmarked for veterans to com- erations of free and democratic people As we express our gratitude, we must never mercial interests. around the world join us in thanking forget that the highest appreciation is not to In west Los Angeles, pressure is in- the brave Americans who helped them utter words, but to live by them. creasing on the VA to develop some of achieve and protect their liberty. Veterans Day is an important day, the last open space left in the Los An- Today, we honor the legacy of the and veterans deserve every single word geles Basin. Land donated to honor the fallen and the courage of our veterans of praise that politicians utter. But our service of veterans should be kept in and salute the values that have made veterans deserve more than good the hands of veterans. We cannot allow the United States the greatest Nation speeches. They need the Government to our responsibility to former service- in the world. I have the highest respect keep the promises it made to them. We members to be subordinated to eco- for those who serve, and I appreciate need to keep our promises to our sol- nomic interests. and honor all of the men and women diers at all stages of their lives, from To truly honor veterans, our country who continue to defend freedom at when they first serve, to when they re- needs to preserve the memory of their home and abroad. These American he- turn home, to when they pass away. courage. I worked with my colleagues roes and their families are at the fore- Our military faces very different and from Iowa and California to make the front of our thoughts and prayers on daunting challenges as we begin the battleship USS Iowa a permanent float- this special day. 21st century. We are fighting an enemy Mr. SALAZAR. Mr. President, this ing museum. The legendary ship’s serv- with a singular obsession—nothing less weekend we will all return home to our ice in World War II and the Korean war than the destruction of our way of life. States and march in parades and par- We must provide our military with the will serve as a proper tribute to the ticipate in memorial events. Person- veterans who served aboard this great ally, I am always humbled to meet resources to fight the war on terror and fighting ship. with men and women who heard duty keep us safe. And just as we must pro- I look forward to continuing to work calling and answered without hesi- tect our soldiers in battle, we must in service of our Nation’s veterans. I tation. When duty called for brave serve them when they return home. hope you all will think of these coura- Americans to stand against the spread Many of our veterans have seen and geous patriots beyond this special day of tyranny and oppression—whatever experienced things that will torment and honor our veterans and the sac- its many forms—they answered. They them for all of their days. Many return rifices they made in order for us to re- were willing to go anywhere—from the to us damaged physically and emotion- main a free, self-governing people. To shores of Normandy to the islands of ally. Many will rise from the worst of our veterans, I extend a heartfelt the Pacific to the jungles of Southeast it and work to help others to do the thank you for your service to our coun- Asia, to Afghanistan and the Persian same. try. May God bless each of you and Gulf—they put their lives on the line Colorado has 433,000 veterans who your families. for our safety and freedom. And in ex- have fought for our freedom, and our Mr. SMITH. Mr. President, I rise change for that, our Nation owes them state has more than 13,000 soldiers de- today to honor our Nation’s veterans. sincere gratitude and a promise of sup- ployed in Iraq and Afghanistan. We Nowhere is dedication to duty and love port when they return. need to show these heroes that we will of country more evident than among During World War II, my father was a support them when they come home. those who have voluntarily chosen to soldier and my mother worked in the Earlier this year, I was alarmed when serve our country. Today, America War Department. During that time, my I learned the VA had a $1.3 billion honors the sons and daughters who uncle Leandro was killed in Europe. budget shortfall and was delaying con- have helped preserve our freedom and My parents knew firsthand about the struction and rearranging funds to hide left a lasting legacy of selfless service. ultimate sacrifice to protect America. the gap. I was proud to work with my Since 1954, we have designated No- They taught me the fundamental val- colleagues on the Veterans’ Affairs vember 11 as Veterans Day to remem- ues I hold dear—love of family, com- Committee to pass $3.5 billion in addi- ber the brave men and women who munity, country and God. tional funds to cover the shortfall this have served in our Armed Forces and My dad taught me something else. year and next. defended our Nation. We also give our Four years ago, my father died at the This is an important first step, but heartfelt gratitude to today’s active age of 85. Even though his mind was we need to make sure that veterans service members and members of the wracked with Alzheimer’s, my father’s never have to worry about losing their National Guard and Reserve who are last wish was to be buried in his World health care again. First, we need to serving our country as we help to War II uniform. My dad knew that make sure that the VA’s budget proc- maintain peace and support democracy there is no greater honor, in life or in ess works. I have worked with my col- throughout the world. death, than to love our country. leagues to successfully launch a Gov- I am especially proud to recognize When I got to the Senate, I asked to ernment Accountability Office inves- Oregon’s soldiers serving in our Armed serve on the Committee on Veterans’ tigation into what went wrong at the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12707 VA. I also authored legislation that veterans who will take their rightful issued a Presidential proclamation regarding passed the Senate to make sure that places of honor next to the heroes bur- Veterans Day, which states, ‘‘[o]n that day we are not surprised by this kind of ied in the four veterans cemeteries let us solemnly remember the sacrifices of news in the future. spread across Colorado. all those who fought so valiantly, on the seas, in the air, and on foreign shores, to pre- Second, we need to ensure that the I believe we need to honor the men serve our heritage of freedom, and let us re- VA’s budget is not dependent on the and women who sacrificed so much for consecrate ourselves to the task of pro- political whims inside Washington. I our freedom by giving them a burial moting an enduring peace so that their ef- believe we need to make VA funding option close to their homes. Yet one of forts shall not have been in vain’’; mandatory so that VA never has to ra- the Nation’s largest veterans commu- Whereas veterans play important roles in tion care and veterans never have to nities, Colorado Springs, does not have communities throughout the United States; worry about losing their coverage. a veterans cemetery. There are more Whereas it is important to preserve the Colorado’s veterans deserve a new than 105,000 veterans in the Pikes Peak memory of the veterans of the Nation and to state-of-the-art veterans hospital at teach every generation about the sacrifices Region. Despite this, the nearest vet- that all veterans have made in securing and Fitzsimons. When negotiations be- erans cemetery is at Fort Logan, a 70- preserving the freedom that all Americans tween the VA, the Fitzsimons Redevel- mile trip from Springs through heavy enjoy today; opment Authority, and the University Denver traffic. I have cosponsored leg- Whereas the United States is in a time of of Colorado broke down, I was proud to islation that would fix this inequity conflict that highlights the incommen- step in and help restart negotiations. and hope it will be passed by the Con- surable sacrifices the brave men and women This remains one of my top priorities gress. of our Armed Forces have made and continue in the Senate, and I am optimistic I have also cosponsored legislation to make for our Nation and its principles of about the hospital’s prospects. Colo- freedom, justice, and democracy; this week to close a terrible loophole in Whereas as of October 2005, there were rado’s veterans will get a new VA med- the law that allows capital offenders to 433,398 new veterans from the present con- ical center at Fitzsimons. be buried at national cemeteries. Our flict who bravely defended America; But veterans in the metro area are veterans deserve the dignity of not Whereas November 11 is a day of solemn re- not the only ones who need better care. being buried next to murderers and flection on, and commemoration of, the con- In many rural parts of Colorado, vet- monsters. tributions of those who have served and de- erans are being forced to drive hun- Since the American Revolution, fended the Nation, especially those who gave dreds of miles to get basic health care nearly 1.2 million American soldiers the ultimate sacrifice to secure the freedoms at overutilized facilities. This distance have died defending this country. Their enjoyed by all citizens; and Whereas it is proper that the Senate ob- can lead to delayed care. And in the valor is an example to us. It requires serve the day with appropriate tributes, case of our aging veterans, the trip can us, the living, to ensure that the coun- commemorations, and reflection even when be damaging to their health. That is try they fought for continues to be it conducts the Nation’s business: Now, just unacceptable. worthy of their sacrifice. therefore, be it Across Colorado, many brave and Colorado and the Nation will not for- Resolved, That it is the sense of the Sen- dedicated State officials and veterans get what our veterans have done and ate— groups are providing transportation continue to do for us. We owe veterans (1) that those that have died in war serving services to rural veterans. Such volun- our gratitude and our lifelong support. the Nation, and the veterans of the Armed teer programs currently exist in Forces of the United States, living and dead, Mr. FRIST. Mr. President, I ask are to be honored for their contributions and Alamosa, Denver, La Plata, Moffat, unanimous consent that the resolution sacrifices to preserve the Nation and the Prowers, and Weld counties. These are be agreed to, the preamble be agreed principles of freedom, justice, and democracy successful, but financial uncertainties to, and the motion to reconsider be laid that all Americans hold dear; put them in jeopardy. upon the table. (2) that Veterans Day 2005 should be com- I am proud to have introduced the The PRESIDING OFFICER. Without memorated with appropriate tributes to all VetsRide Act to help programs like objection, it is so ordered. veterans of the Armed Forces of the United these survive. The bill provides small The resolution (S. Res. 305) was States for their contributions and sacrifices, grants to groups that provide transpor- agreed to. and most especially to those who made the ultimate sacrifice; and tation or otherwise assist veterans in The preamble was agreed to. (3) that all Americans are encouraged to rural areas. This bill has earned the The resolution, with its preamble, join the Senate in honoring and paying trib- support of 17 Senate cosponsors includ- reads as follows: ute to veterans of the Armed Forces of the ing 8 Republicans. I hope to get this S. RES. 305 United States on Veterans Day and through- legislation approved so that we can Whereas tens of millions of Americans out the year. continue these transportation pro- have served in the Armed Forces of the f grams that are a lifeline to our rural United States during the past century; veterans. Whereas hundreds of thousands of Ameri- RECOGNIZING THAT VETERANS In August, I hosted a field hearing on cans have given their lives while serving in DAY IS A DAY TO HONOR ALL rural veterans issues in Grand Junc- the Armed Forces of the United States dur- VETERANS OF THE ARMY tion. Based on that hearing, I intro- ing the past century; Mr. FRIST. Mr. President, I ask Whereas the contributions and sacrifices of duced legislation to require the VA to the men and women who have served in the unanimous consent that the Senate reevaluate outdated policies that dis- Armed Forces of the United States have been proceed to the immediate consider- advantage rural areas in the placement vital in maintaining our freedom and way of ation of S. Res. 306, submitted earlier of new VA clinics. In September the life; today. Senate passed that legislation, which Whereas the more than 700,000 brave Amer- The PRESIDING OFFICER. The hopefully will help clear the way for icans who have sacrificed their lives while clerk will please report the resolution the veterans of northwestern Colorado serving in the Armed Forces of the United by title. to get a clinic that they deserve. States have ensured that the Nation, which The legislative clerk read as follows: is founded on the principles of freedom, jus- In addition, I have introduced crit- tice, and democracy, shall endure; A resolution (S. Res. 306) recognizing that ical legislation to improve care for vet- Whereas Armistice Day was first pro- Veterans Day is a day to honor all veterans erans living in rural areas, blinded vet- claimed by President Woodrow Wilson in 1919 of the Army and to support the Army Free- erans, and our elderly veterans. These to commemorate the November 11, 1918, ar- dom Team Salute’s mission to recognize the are three areas where the VA is not mistice between the Allies and the Central unsung heroes who have served this country. doing enough, and a relatively small Powers that ended the fighting of World War There being no objection, the Senate investment can make a major dif- I; proceeded to consider the resolution. ference in our heroes’ quality of life. Whereas on June 1, 1954, President Dwight Mr. FRIST. Mr. President, I ask As we celebrate this Veterans Day, I D. Eisenhower signed into law the Act pro- unanimous consent that the resolution claiming November 11 as Veterans Day (Pub- am reminded of a sad fact. By 2015, the lic Law 83–380); be agreed to, the preamble be agreed veteran population in Colorado is ex- Whereas on October 8, 1954, in anticipation to, the motions to reconsider be laid pected to fall by 49,500. Most of those of the first nationwide observance of Vet- upon the table, and that any state- will be World War II and Korean War erans Day, President Dwight D. Eisenhower ments relating thereto be printed in

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12708 CONGRESSIONAL RECORD — SENATE November 10, 2005 the RECORD, without intervening ac- transition of the island, compelling the There being no objection, the Senate tion or debate. United States to assume the responsibilities proceeded to consider the resolution. The PRESIDING OFFICER. Without of defending the archipelago and protecting Mr. DURBIN. Mr. President, I rise objection, it is so ordered. the people of the Philippines; today to urge my colleagues to support Whereas on July 26, 1941, anticipating the a Senate resolution designating 2006 as The resolution (S. Res. 306) was aggression of Japanese invasion forces in the agreed to. Asia Pacific region, as well as the imminent the ‘‘Year of Study Abroad.’’ This reso- The preamble was agreed to. conflict between the United States and lution encourages initiatives to pro- The resolution, with its preamble, Japan, President Franklin D. Roosevelt mote and expand study-abroad oppor- reads as follows: issued a military order, calling the organized tunities. Now more than ever, America military forces of the Government of Com- S. RES. 306 needs citizens who can understand and monwealth of the Philippines into armed communicate with people all over the Whereas Army personnel have for 230 years service under the command of United States answered the call to duty by becoming world. However, fewer than 1 percent of Army officers led by General Douglas Mac- all U.S. undergraduates participate in guardians and defenders of America’s free- Arthur; doms; Whereas on December 7, 1941, the Japanese study-abroad programs while nearly Whereas millions of Army veterans self- Government began a devastating 4-year war 600,000 international students from lessly served this Nation and their legacy of with the United States with their stealth more than 200 countries study in the duty has reigned in their continued support bombing attacks of Pearl Harbor, Hawaii, United States each year. The future of of the mission of the Army; and Clark Air Field, Philippines, and led to our Nation depends on our ability to Whereas the Army appreciates the sac- the loss of tens of thousands of American prepare the next generation of leaders rifices these courageous men and women and Filipino soldiers and countless civilian have made in answering the call to duty by for an increasingly complex global so- casualties; ciety. choosing a life of service; Whereas on February 20, 1946, President Whereas the 83rd Congress created Vet- Harry Truman stated, ‘‘Philippine Army vet- This resolution seeks to promote erans Day as a national day of observance to erans are nationals of the United States and study-abroad experiences as valuable commemorate the heroes who served in the will continue in that status until July 4, opportunities for exposure to global Armed Forces and the Army recognizes the 1946. They fought, as American nationals, knowledge and cultural understanding. importance of honoring those who have under the American flag, and under the di- An education that includes study served their country; and rection of our military leaders. They fought abroad not only opens doors to careers, Whereas the Army created the Freedom with gallantry and courage under most dif- Team Salute program to provide a way for it opens minds and worlds of possi- ficult conditions. I consider it a moral obli- bility. Studying abroad can help stu- the United States and the Army to thank its gation of the United States to look after the veterans: Now, therefore, be it welfare of the Philippine Army veterans.’’; dents develop foreign language pro- Resolved, That the Senate recognizes that Whereas on October 17, 1996, President Wil- ficiency, improve decisionmaking November 11, 2005, Veterans Day, is a day to liam J. Clinton issued a proclamation on the skills, and increase maturity and self- honor all Army veterans and supports the anniversary of the 1944 return of United confidence. Such experience can also Army Freedom Team Salute’s mission to States forces under General MacArthur to help heighten a student’s cultural sen- recognize the unsung heroes who have served liberate the Philippines and said, ‘‘I urge all this country. sitivity. Put simply, an international Americans to recall the courage, sacrifice, education prepares U.S. citizens to f and loyalty of Filipino Veterans of World live, work, and compete in the global War II and honor them for their contribution RECOGNIZING AND HONORING THE to our freedom.’’; economy. Studying abroad is also an FILIPINO WORLD WAR II VET- Whereas on July 26, 2001, President George effective way to promote the develop- ERANS W. Bush, in his greetings to the Filipino ment of a peaceful global community, increase international trade, and cre- Mr. FRIST. Mr. President, I ask WWII veterans said, ‘‘More than 120,000 Fili- pinos fought with unwavering loyalty and ate goodwill towards the United unanimous consent that the Senate great gallantry under the command of Gen- States. now proceed to the consideration of S. eral Douglas MacArthur. The combined Congress recognized the importance Res. 307, which was submitted early United States-Philippine forces distin- of studying abroad in 2004 when it es- today. guished themselves by their valor and her- tablished the Commission on the Abra- oism in defense of freedom and democracy. The PRESIDING OFFICER. The ham Lincoln Study Abroad Fellowship clerk will please report the resolution Thousands of Filipino soldiers gave their lives in the battles of Bataan and Corregidor. Program. The Commission was tasked by title. with formulating a national program The legislative clerk read as follows: These soldiers won for the United States the precious time needed to disrupt the enemy’s that would dramatically increase the A resolution (S. Res. 307) to recognize and plan for conquest in the Pacific. During the number of American students studying honor the Filipino World War II veterans for three long years following these battles, the abroad each year. The Commission is their defense of democratic ideals and their Filipino people valiantly resisted a brutal important contribution to the outcome of scheduled to issue its recommendations Japanese occupation with an indomitable on December 1 of this year. This reso- World War II. spirit and steadfast loyalty to America.’’; lution underscores the importance of There being no objection, the Senate and the Commission’s work and builds on proceeded to consider the resolution. Whereas the contributions of the Filipino the message of International Education Mr. FRIST. Mr. President, I ask people, and the sacrifices of their soldiers in Week, November 14 to 18, 2005. unanimous consent that the resolution World War II, have not been fully recognized: Now, therefore, be it The future challenges that face all be agreed to, the preamble be agreed Resolved, That the Senate reaffirms, recog- nations will require an unprecedented to, and the motion to reconsider be laid nizes, and honors the Filipino World War II degree of understanding and coopera- upon the table. veterans for their defense of American de- tion among countries and their leaders. The PRESIDING OFFICER. Without mocracy and their important contribution to the victorious outcome of World War II. The experiences and lifelong friend- objection, it is so ordered. ships that result from studying abroad The resolution (S. Res. 307) was f can help foster mutual understanding agreed to. DESIGNATING 2006 AS THE ‘‘YEAR between the future leaders of the The preamble was agreed to. OF STUDY ABROAD’’ world. Such relationships and coopera- The resolution, with its preamble, tion are vital for a secure and pros- reads as follows: Mr. FRIST. Mr. President, I ask unanimous consent that the Senate perous future, not only for the United S. RES. 307 proceed to the immediate consider- States, but for the entire world. Whereas in 1898, the Philippines Archi- ation of S. Res. 308, submitted early Mr. FRIST. Mr. President, I ask pelago was acquired by the United States of today. unanimous consent that the resolution America, became an organized United States The PRESIDING OFFICER. The be agreed to, the preamble be agreed territory in 1902, and, in preparation for her to, the motions to reconsider be laid independence, a self-governing common- clerk will please report the resolution wealth in 1935; by title. upon the table, and that any state- Whereas the people of the Philippines and The legislative clerk read as follows: ments relating thereto be printed in of the United States developed strong ties A resolution (S. Res. 308) designating 2006 the RECORD, without intervening ac- throughout the decades-long democratic as the ‘‘Year of Study Abroad.’’ tion or debate.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12709 The PRESIDING OFFICER. Without specialized training and practical experi- minded of the tragedy of September 11, objection, it is so ordered. ences not available at institutions in the 2001. The American people know some- The resolution (S. Res. 308) was United States; thing about how the people of Jordan agreed to. Whereas a blue ribbon task force of feel today. We feel grief, but we also NAFSA: Association of International Edu- The preamble was agreed to. cators, a global association of individuals feel outrage, and these feelings merge The resolution, with its preamble, dedicated to advancing international edu- into unshakable resolve. We will work reads as follows: cation and exchange, found that a national in partnership with countries and com- S. RES. 308 effort to promote study abroad programs is munities around the world to resist Whereas ensuring that the citizens of the needed to address a serious deficit in global and to defeat those who would have us United States are globally literate is the re- competence in the United States; live in fear. sponsibility of the educational system of the Whereas the bipartisan, federally-ap- Mr. FRIST. I ask unanimous consent United States; pointed Commission on the Abraham Lincoln that the resolution be agreed to, the Whereas educating students internation- Study Abroad Fellowship Program, estab- preamble be agreed to, and the motion ally is an important way to share the values lished pursuant to section 104 of the Mis- to reconsider be laid upon the table. of the United States, to create goodwill for cellaneous Appropriations and Offsets Act, The PRESIDING OFFICER. Without 2004 (division H of the Consolidated Appro- the United States around the world, to work objection, it is so ordered. toward a peaceful global society, and to in- priations Act, 2004 (Public Law 108-199; 118 Stat. 435)), is scheduled to make rec- The resolution (S. Res. 309) was crease international trade; agreed to. Whereas, according to a 2002 American ommendations by December 1, 2005, for a na- Council on Education poll, 79 percent of peo- tional study abroad program to meet this The preamble was agreed to. ple in the United States agree that students need: Now, therefore, be it The resolution, with its preamble, should have a study abroad experience some- Resolved, That the Senate— reads as follows: time during college, but only 1 percent of (1) designates 2006 as the ‘‘Year of Study S. RES. 309 students from the United States currently Abroad’’; Whereas the United States and a broad study abroad each year; (2) encourages secondary schools, institu- international coalition are engaged in a Whereas study abroad programs help peo- tions of higher learning, businesses, and gov- Global War on Terrorism; ple from the United States to be more in- ernment programs to promote and expand Whereas on November 9, 2005, a series of formed about the world and to develop the study abroad opportunities; and explosions struck 3 hotels in Amman, Jor- cultural awareness necessary to avoid of- (3) encourages the people of the United dan, killing at least 56 people and injuring at fending individuals from other countries; States to— least 115 others; Whereas a National Geographic global lit- (A) support initiatives to promote and ex- Whereas the terrorist attacks on Amman, eracy survey found that 87 percent of stu- pand study abroad opportunities; and Jordan, were senseless and barbaric acts car- dents in the United States between the ages (B) observe the ‘‘Year of Study Abroad’’ ried out against innocent civilians; of 18 and 24 cannot locate Iraq on a world with appropriate ceremonies, programs, and Whereas Al Qaeda in Iraq has claimed re- map, 83 percent cannot find Afghanistan, 58 other activities. sponsibility for the terrorist attacks in percent cannot find Japan, and 11 percent f Amman, Jordan; cannot even find the United States; EXPRESSING SYMPATHY FOR THE Whereas the people and Government of the Whereas studying abroad exposes students Hashemite Kingdom of Jordan have been tar- from the United States to valuable global PEOPLE OF JORDAN geted in several attempted terrorist attacks knowledge and cultural understanding and Mr. FRIST. Mr. President, I ask over the past few years; forms an integral part of their education; unanimous consent that the Senate Whereas the people of Jordan have a long Whereas Congress recognized through the now proceed to the consideration of S. and enduring friendship with the people of Higher Education Act of 1965 (20 U.S.C. 1001 Res. 309 which was submitted earlier the United States and their close coopera- et seq.) that the security, stability, and eco- today. tion in political, economic, and humani- nomic vitality of the United States in an in- tarian endeavors has benefitted both nations creasingly complex global age depend largely The PRESIDING OFFICER. The and the people of the Middle East region; upon having a globally competent citizenry clerk will report the resolution by Whereas the Hashemite Kingdom of Jordan and the availability of experts specializing in title. is a stalwart ally of the United States in the world regions, foreign languages, and inter- The legislative clerk read as follows: global war against terrorism; national affairs; A resolution (S. Res. 309) expressing sym- Whereas the people of the United States Whereas the Coalition for International pathy for the people of Jordan in the after- stand in solidarity with the people of Jordan Education, an ad hoc group of higher edu- math of the deadly terrorist attacks in in fighting terrorism; cation organizations with interests in the Amman on November 9, 2005. Whereas the Government of the United international education programs of the De- There being no objection, the Senate States immediately condemned the terrorist partment of Education, and Government Ac- attacks and extended the support and condo- countability Office reports have found that proceeded to consider the resolution. lences of the people of the United States to Federal agencies, educational institutions, Mr. SALAZAR. Mr. President, I rise the people of Jordan; and and corporations in the United States are to express my deepest sympathies to Whereas on September 12, 2001, in a letter suffering from a shortage of professionals the people of Jordan, and to all of to President George W. Bush condemning the with international knowledge and foreign those affected by the terrorist attacks September 11, 2001, terrorist attacks on the language skills; that occurred yesterday in Amman. United States, King Abdullah of the Whereas, according to the Coalition for Abu Musab al-Zarqawi and his al- Hashemite Kingdom of Jordan stated that International Education, institutions of Qaida organization in Iraq have taken ‘‘the people of Jordan join the people of the higher education in the United States are United States in our absolute condemnation struggling to graduate enough students with responsibility for this attack, and if of the terrorist aggression against your na- the language skills and cultural competence this is true, they have added still more tion . . . our hearts reach out to the victims necessary to meet the current demands of blood to their hands. These attacks on and their families, and we honor the selfless business, government, and educational insti- civilians—guests, workers, a wedding men and women who have risked their lives tutions; party at three hotels in Jordan’s cap- to aid the injured and suffering . . . be as- Whereas a survey done by the Institute for ital brutally illustrate the hateful sured that the Hashemite Kingdom of Jor- the International Education of Students agenda of the terrorists. The hotels dan, its leaders and people stand with you shows that studying abroad influences subse- themselves may have been associated against the perpetrators of these terrorist quent educational experiences, decisions to atrocities. We denounce the violence and ha- expand or change academic majors, and deci- with the West, but reports indicate tred they represent.’’: Now, therefore, be it sions to attend graduate school; that the victims of this terrorist at- Resolved, That the Senate— Whereas substantive research literature tack were Americans, Palestinians, (1) condemns, in the strongest terms, the demonstrates that some of the core values Chinese, Indonesians, Syrians, Saudi senseless and barbaric terrorist attacks on and skills of higher education are enhanced Arabians, and, of course, Jordanians. the innocent people of Amman, Jordan, on by participation in study abroad programs; Just as global terrorist networks November 9, 2005; Whereas study abroad programs not only threaten all people of all faiths, so too (2) expresses its condolences to the fami- open doors to foreign language learning, but did this attack cause terrible pain and lies and friends of those individuals who were also empower students to better understand killed in the attacks and expresses its sym- themselves and others through a comparison loss for families and communities pathies to those individuals who have been of cultural values and ways of life; around the world. injured; Whereas study abroad programs for stu- Every time I read headlines like (3) expresses the strong and continued soli- dents from the United States can provide those we all read this morning, I am re- darity of the people and Government of the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12710 CONGRESSIONAL RECORD — SENATE November 10, 2005 United States with the people and Govern- you—in dignity, empathy, as human beings, means ‘‘in our time.’’ On October 28, ment of the Hashemite Kingdom of Jordan as as free men.’’; 1965, Nostra Aetate affirmed the re- they recover from these inhumane attacks; Whereas Yitzhak Rabin received the 1994 spect of the Roman Catholic Church for (4) declares its readiness to support and as- Nobel Prize for Peace for his vision and brav- Hinduism, Buddhism, Islam, and Juda- sist the authorities of Jordan in their efforts ery as a peacemaker, saying at the time: to bring to justice those individuals respon- ‘‘There is only one radical means of sancti- ism, and called upon all Catholics to sible for the attacks; and fying human lives. Not armored plating, or engage in dialogue and cooperation (5) calls upon the international community tanks, or planes, or concrete fortifications. with the followers of other religions. to renew and strengthen efforts to— The one radical solution is peace.’’; Nostra Aetate states that the Roman (A) defeat terrorists by dismantling ter- Whereas, on October 26, 1994, Yitzhak Catholic Church, moved by the Gos- rorist networks and exposing the violent and Rabin and King Hussein of Jordan signed a pel’s spiritual love, decries hatred, per- nihilistic ideology of terrorism; peace treaty between Israel and Jordan; secution, and displays of anti-Semi- (B) increase international cooperation to Whereas, on November 4, 1995, Yitzhak tism directed at Jews at any time and advance personal and religious freedoms, Rabin was brutally assassinated after at- ethnic and racial tolerance, political liberty tending a peace rally in Tel Aviv, where his by anyone. As stated in the resolution, and pluralism, and economic prosperity; and last words were: ‘‘I have always believed that Nostra Aetate marked a new relation- (C) combat the social injustice, oppression, the majority of the people want peace, are ship between Catholics and Jews world- poverty, and extremism that bolsters ter- prepared to take risks for peace . . . Peace is wide and opened a chapter in Jewish- rorism. what the Jewish People aspire to.’’; and Christian relations that is unprece- f Whereas Yitzhak Rabin dedicated his life dented in its closeness and warmth. to the cause of peace and security for the With Nostra Aetate, Pope John Paul HONORING ISRAELI PRIME state of Israel by defending his nation VI called on all Catholics not only to MINISTER YITZHAK RABIN against all threats, including terrorism, and decry the persecution of people of non- Mr. FRIST. Mr. President, I ask undertaking courageous risks in the pursuit of peace: Now, therefore, be it Christian religions, but also to love unanimous consent that the Senate Resolved, That the Senate— and respect them. proceed to the immediate consider- (1) honors the historic role of Yitzhak As it is stated in a passage from ation of S. Res. 310 submitted earlier Rabin for his distinguished service to the Nostra Aetate: ‘‘In our time, when day today. people of Israel and extends its deepest sym- by day mankind is being drawn closer The PRESIDING OFFICER. The pathy and condolences to the family of together, and the ties between different clerk will report the resolution by Yitzhak Rabin and the people of Israel on peoples are becoming stronger, the the tenth anniversary of his death; title. Church examines more closely its rela- The legislative clerk read as follows: (2) recognizes and reiterates its continued support for the close ties and special relationship to non-Christian religions. In A resolution (S. Res. 310) honoring the life, tionship between the United States and her task of promoting unity and love legacy and example of Israeli Prime Minister Israel; among men, indeed among nations, she Yitzhak Rabin on the tenth anniversary of (3) expresses its admiration for Yitzhak considers above all in this declaration his death. Rabin’s legacy and reaffirms its commit- what men have in common and what There being no objection, the Senate ment to the process of building a just and draws them to fellowship. . . . Men ex- proceeded to consider the resolution. lasting peace between Israel and its neigh- pect from the various religions answers bors; Mr. FRIST. I ask unanimous consent to the unsolved riddles of the human that the resolution be agreed to, the (4) condemns any and all acts of terrorism; and condition, which today, even as in preamble be agreed to, the motion to (5) reaffirms unequivocally the sacred prin- former times, deeply stir the hearts of reconsider be laid upon the table, and ciple that democratic leaders and govern- men: What is man? What is the mean- that any statements relating thereto ments must be changed only by the demo- ing, the aim of our life? What is moral be printed in the RECORD. cratically-expressed will of the people. good, what sin? Whence suffering and The PRESIDING OFFICER. Without f what purpose does it serve? Which is objection, it is so ordered. RECOGNIZING THE 40TH ANNIVER- the road to true happiness? What are The resolution (S. Res. 310) was SARY OF THE SECOND VATICAN death, judgment and retribution after agreed to. COUNCIL death? What, finally, is that ultimate The preamble was agreed to. inexpressible mystery which encom- The resolution, with its preamble, Mr. FRIST. Mr. President, I ask passes our existence: whence do we reads as follows: unanimous consent that the Senate come, and where are we going?’’ S. RES. 310 proceed to the immediate consider- Nostra Aetate acknowledges that all ation of H. Con. Res. 260 which was re- Whereas Yitzhak Rabin was born March 1, people of all religions are united by the 1922, in Jerusalem; ceived from the House. fact that we are all searching for the Whereas Yitzhak Rabin volunteered for the The PRESIDING OFFICER. The answers to the most basic questions Palmach, the elite unit of the Haganah clerk will report the concurrent resolu- about life and God, and that we must (predecessor of the Israeli Defense Forces), tion by title. love and respect one another, despite The legislative clerk read as follows: and served for 27 years, including during the our differences. 1948 War of Independence, the 1956 Suez War, A concurrent resolution (H. Con. Res. 260) The message of Nostra Aetate is of and as Chief of Staff in the June 1967 Six Day recognizing the 40th anniversary of the Sec- particular importance today, amidst War; ond Vatican Council’s promulgation of Whereas, in 1975, Prime Minister Yitzhak Nostra Aetate, the declaration on the rela- the conflict in the Middle East and ter- Rabin signed the interim agreement with tion of the Roman Catholic Church to non- rorism in the name of Islam. As we Egypt (Sinai II) which laid the groundwork Christian religions, and the historic role of continue the battle against the rise in for the 1979 Camp David Peace Treaty be- Nostra Aetate in fostering mutual interreli- anti-Semitism, prejudice against Mus- tween Israel and Egypt; gious respect and dialogue. lims, and all other forms of intolerance Whereas Yitzhak Rabin served as Ambas- There being no objection, the Senate and xenophobia, both internationally sador to the United States from 1968–1973, and within the United States, we must Minister of Defense from 1984–1990, and proceeded to consider the concurrent Prime Minister from 1974–1977 and from 1992 resolution. remember the value of this message until his assassination in 1995; Mr. VOINOVICH. Mr. President, I that calls for interreligious respect, Whereas. on September 13, 1993, in Wash- rise to strongly encourage my col- tolerance, and dialogue and decries all ington, D.C., Yitzhak Rabin signed the Dec- leagues in the Senate to support this forms of hatred. laration of Principles framework agreement resolution recognizing the 40th anni- Mr. FRIST. I ask unanimous consent between Israel and the Palestinians; versary of the Second Vatican Coun- that the concurrent resolution be Whereas, upon the signing of the Declara- cil’s Declaration on the Relation of the agreed to, the preamble be agreed to, tion of Principles, Yitzhak Rabin said to the Church to Non-Christian Religions, the motion to reconsider be laid upon Palestinian people: ‘‘We say to you today in a loud and clear voice: Enough of blood and Nostra Aetate, and the continuing need the table, and that any statements re- tears. Enough! We harbor no hatred toward for mutual interreligious respect and lating to the concurrent resolution be you. We have no desire for revenge. We, like dialogue. printed in the RECORD. you, are people who want to build a home, October 28, 2005 marked the 40th an- The PRESIDING OFFICER. Without plant a tree, love, live side by side with niversary of Nostra Aetate, which objection, it is so ordered.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12711 The concurrent resolution (H. Con. (1) it is the sense of Congress that— month with appropriate ceremonies and ac- Res. 260) was agreed to. (A) National Stalking Awareness Month tivities. The preamble was agreed to. provides an opportunity to educate the people of the United States about stalking; f f (B) all Americans should applaud the ef- AMENDING THE ETHICS IN forts of the many victim service providers, GOVERNMENT ACT OF 1978 NATIONAL STALKING AWARENESS police, prosecutors, national and community MONTH organizations, and private sector supporters Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask for their efforts in promoting awareness unanimous consent that the Com- unanimous consent that the Judiciary about stalking; and mittee on Homeland Security and Gov- Committee be discharged from further (C) policymakers, criminal justice offi- ernmental Affairs be discharged from cials, victim service and human service consideration and the Senate now pro- further consideration of S. 1558, and agencies, nonprofits, and others should rec- the Senate proceed to its immediate ceed to S. Con. Res. 10. ognize the need to increase awareness of The PRESIDING OFFICER. Without consideration. stalking and availability of services for The PRESIDING OFFICER. Without objection, it is so ordered. stalking victims; and The clerk will report the concurrent (2) Congress urges national and community objection, it is so ordered. The clerk resolution by title. organizations, businesses in the private sec- will report the bill by title. The legislative clerk read as follows: The legislative clerk read as follows: tor, and the media to promote, through Na- tional Stalking Awareness Month, awareness A bill (S. 1558) to amend the Ethics in Gov- A concurrent resolution (S. Con. Res. 10) of the crime of stalking. ernment Act of 1978 to protect family mem- raising awareness and encouraging preven- bers of filers from disclosing sensitive infor- tion of stalking by establishing January 2006 f mation in a public filing and extend the pub- as ‘‘National Stalking Awareness Month’’. NATIONAL MILITARY FAMILY lic filing requirement for 5 years. There being no objection, the Senate MONTH There being no objection, the Senate proceeded to consider the concurrent Mr. FRIST. Mr. President, I ask proceeded to consider the bill. resolution. unanimous consent that the Judiciary Mr. LEAHY. Mr. President, Senator Mr. FRIST. I ask unanimous consent Committee be discharged from further SPECTER and I have introduced a com- that the concurrent resolution be consideration of S. Res. 9 and the Sen- prehensive court security measure, S. agreed to, the preamble be agreed to, ate proceed to its immediate consider- 1968, the Court Security Improvement and the motion to reconsider be laid ation. Act of 2005, CSIA. Our bill responds to upon the table. The PRESIDING OFFICER. Without requests by the judiciary for a greater The PRESIDING OFFICER. Without objection, it is so ordered. The clerk voice in working with the United objection, it is so ordered. will report the resolution by title. States Marshals Service to determine The concurrent resolution (S. Con. The legislative clerk read as follows: their security needs. It enacts new Res. 10) was agreed to. A resolution (S. Res. 9) expressing the criminal penalties for the misuse of re- The preamble was agreed to. stricted personal information to harm The concurrent resolution, with its sense of the Senate regarding designation of the month of November as ‘‘National Mili- or threaten to seriously harm judges, preamble, reads as follows: tary Family Month’’. their families or other individuals per- S. CON. RES. 10 There being no objection, the Senate forming official duties. It also enacts Whereas an estimated 1,006,970 women and proceeded to consider the resolution. criminal penalties for threatening 370,990 men are stalked annually in the Mr. FRIST. Mr. President, I ask judges and Federal law enforcement of- United States and, in the majority of such ficials by the malicious filing of false cases, the person is stalked by someone who unanimous consent that the amend- is not a stranger; ment which is at the desk be agreed to, liens, provides increased protections Whereas 81 percent of women who are the resolution, as amended, be agreed for witnesses, and makes available new stalked by an intimate partner are also to, the preamble be agreed to, the mo- resources for State courts to improve physically assaulted by that partner, and 76 tions to reconsider be laid upon the security for State and local court sys- percent of women who are killed by an inti- table, with no intervening action or de- tems. Finally, it extends life insurance mate partner were also stalked by that inti- bate, and that any statements relating benefits to bankruptcy, magistrate and mate partner; to the resolution be printed in the territorial judges, and health insurance Whereas 26 percent of stalking victims lose to surviving spouses and families of time from work as a result of their victim- RECORD. ization and 7 percent never return to work; The PRESIDING OFFICER. Without Federal judges. Whereas stalking victims are forced to objection, it is so ordered. One of the provisions of CSIA extends take drastic measures to protect themselves, The amendment (No. 2520) was agreed the ‘‘sunset’’ of a provision first en- such as relocating, changing their addresses, to, as follows: acted in the ‘‘Identity Theft and As- changing their identities, changing jobs, and AMENDMENT NO. 2520 sumption Deterrence Act of 1998’’ that obtaining protection orders; grants the Judicial Conference of the Whereas stalking is a crime that cuts On page 2, line 2, strike ‘‘; and’’ and all that follows to the end. United States the authority to redact across race, culture, gender, age, sexual ori- information from a judge’s mandatory entation, physical and mental ability, and The resolution (S. Res. 9), as amend- financial disclosure in circumstances economic status; ed, was agreed to. in which it is determined that the re- Whereas stalking is a crime under Federal The preamble was agreed to. lease of the information could endan- law and under the laws of all 50 States and The resolution, as amended, with its ger the filer or the filer’s family. The the District of Columbia; preamble reads as follows: Whereas rapid advancements in technology Specter-Leahy bill also extends the have made cyber-surveillance the new fron- S. RES. 9 protections of this provision to the tier in stalking; Whereas military families, through their family members of filers. Whereas there are national organizations, sacrifices and their dedication to our Nation The misuse of this redaction author- local victim service organizations, prosecu- and its values, represent the bedrock upon ity has been a matter of some concern tors’ offices, and police departments that which our Nation was founded and upon stand ready to assist stalking victims and which our Nation continues to rely in these to me. I appreciate that the Judicial who are working diligently to craft com- perilous and challenging times: Now, there- Conference is seeking to improve its petent, thorough, and innovative responses fore, be it practices. I offer this amendment to S. to stalking; Resolved, That it is the sense of the Sen- 1558, which is drawn from CSIA, be- Whereas there is a need to enhance the ate— cause none of us wants to see judges or criminal justice system’s response to stalk- (1) that the month of November should be their families endangered. The redac- ing and stalking victims, including aggres- designated as ‘‘National Military Family tion authority need not expire if there sive investigation and prosecution; and Month’’; and is agreement that it should be contin- Whereas Congress urges the establishment (2) to request that the President— of January, 2006 as National Stalking Aware- (A) designate the month of November as ued by reauthorization for another 4– ness Month: Now, therefore, be it ‘‘National Military Family Month’’; and year period before another sunset. In- Resolved by the Senate (the House of Rep- (B) issue a proclamation calling upon the stead, if the Senate adopts our amend- resentatives concurring), That— people of the United States to observe the ment and the House accepts the Senate

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12712 CONGRESSIONAL RECORD — SENATE November 10, 2005 bill, the authority will be extended ed by striking ‘‘2005’’ each place it appears ø‘‘(1) the terms ‘copies’ and ‘phonorecords’ without interruption. I hope that the and inserting ‘‘2009’’. have the respective meanings given under House will join us without delay both f section 101 of title 17; ø in extending the redaction authority ‘‘(2) the term ‘counterfeit mark’ has the PROHOBITION ON THE TRAF- meaning given under section 2320(e)(1); and and in expanding the scope of its pro- FICKING OF GOODS AND SERV- ø‘‘(3) the term ‘United States’ means each tections to include family members. ICES of the several States of the United States, I also hope that we will move quickly the District of Columbia, and the territories to pass the other important provisions Mr. FRIST. Mr. President, I ask and possessions of the United States. of CSIA so that we can better protect unanimous consent that the Senate ø‘‘(b) OFFENSE.—Any person who inten- the dedicated women and men through- proceed to the immediate consider- tionally transports goods bearing a counter- out the judiciary in this country who ation of Calendar No. 277, S. 1095. feit mark or copies or phonorecords of a do a tremendous job under challenging The PRESIDING OFFICER. The copyrighted work not authorized by the clerk will report the bill by title. copyright holder into or out of the United circumstances. States for the purposes of commercial advan- Mr. FRIST. Mr. President, I ask The legislative clerk read as follows: A bill (S. 1095) to amend chapter 113 of title tage or private financial gain shall be fined unanimous consent that the amend- not more than $100,000, imprisoned not more ment that is at the desk be agreed to, 18, United States Code, to clarify the prohibition on the trafficking in goods or services, than 10 years, or both.’’. ø the bill, as amended, be read a third and for other purposes. (2) TECHNICAL AND CONFORMING AMEND- time and passed, the title amendment MENT.—The table of sections for chapter 113 There being no objection, the Senate be agreed to, the motion to reconsider of title 18, United States Code, is amended by proceeded to consider the bill which be laid upon the table, with no inter- inserting after the item relating to section had been reported from the Committee vening action or debate, and that any 2320 the following: on the Judiciary with an amendment. ø statement relating to the bill be print- ‘‘2320A. Transport of counterfeit goods and [Strike the part shown in black unauthorized copyrighted ed in the RECORD. brackets and insert the part shown in works into or out of the United The PRESIDING OFFICER. Without italic.] States.’’.¿ objection, it is so ordered. SECTION 1. TRAFFICKING DEFINED. The amendment (No. 2521) was agreed S. 1095 (a) COUNTERFEIT GOODS OR SERVICES.—Sec- to, as follows: Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tion 2320(e) of title 18, United States Code, is AMENDMENT NO. 2521 Congress assembled, amended— (1) by striking paragraph (2) and inserting the Strike all after the enacting clause and in- øSECTION 1. SHORT TITLE. following: sert the following: øThis Act may be cited as the ‘‘Protecting ‘‘(2) the term ‘traffic’ means to transport, SECTION 1. PROTECTION OF FAMILY MEMBERS. American Goods and Services Act of 2005’’. transfer, or otherwise dispose of, to another, for Section 105(b)(3) of the Ethics in Govern- ø SEC. 2. PROHIBITION ON TRAFFICKING OF CER- purposes of commercial advantage or private fi- ment Act of 1978 (5 U.S.C. App.) is amended— TAIN GOODS AND SERVICES. nancial gain, or to make, import, export, obtain (1) in subparagraph (A), by inserting ‘‘or a ø(a) IN GENERAL.—Section 2320 of title 18, control of, or possess, with intent to so trans- family member of that individual’’ after United States Code, is amended— port, transfer, or otherwise dispose of;’’; and ‘‘that individual’’; and ø(1) by striking subsection (a) and insert- (2) by redesignating paragraph (3) as para- (2) in subparagraph (B)(i), by inserting ‘‘or ing the following: graph (4) and inserting the following: a family member of that individual’’ after ø‘‘(a)(1) Any person who intentionally traf- ‘‘(3) the term ‘financial gain’ includes the re- ‘‘the report’’. fics or attempts to traffic in goods or serv- ceipt, or expected receipt, of anything of value; SEC. 2. EXTENSION OF PUBLIC FILING REQUIRE- ices and knowingly uses a counterfeit mark and’’. MENT. on or in connection with such goods or serv- (b) CONFORMING AMENDMENTS.— Section 105(b)(3)(E) of the Ethics in Gov- ices— (1) SOUND RECORDINGS AND MUSIC VIDEOS OF ernment Act of 1978 (5 U.S.C. App.) is amend- ø‘‘(A) if an individual, shall be fined not LIVE MUSICAL PERFORMANCES.—Section 2319A(e) ed by striking ‘‘2005’’ each place it appears more than $2,000,000, imprisoned not more of title 18, United States Code, is amended by and inserting ‘‘2009’’. than 10 years, or both; and striking paragraph (2) and inserting the fol- ø‘‘(B) if a person other than an individual, The amendment (No. 2522) was agreed lowing: to, as follows: shall be fined not more than $5,000,000. ø‘‘(2) Any person who possesses goods with ‘‘(2) the term ‘traffic’ has the same meaning as AMENDMENT NO. 2522 a counterfeit mark with an intent to traffic in section 2320(e) of this title.’’. (Purpose: To amend the title of the bill.) such goods— (2) COUNTERFEIT LABELS FOR PHONORECORDS, At the appropriate place, insert the fol- ø‘‘(A) if an individual, shall be fined not COMPUTER PROGRAMS, ETC.—Section 2318(b) of lowing: more that $2,000,000, or imprisoned not more title 18, United States Code, is amended by strik- Amend the title so as to read: ‘‘To than 10 years, or both; and ing paragraph (2) and inserting the following: ø‘‘(B) if a person other than an individual, ‘‘(2) the term ‘traffic’ has the same meaning as amend the Ethics in Government in section 2320(e) of this title;’’. Act of 1978 to protect family mem- shall be fined not more than $5,000,000. ø (3) ANTI-BOOTLEGGING.—Section 1101 of title bers of filers from disclosing sen- ‘‘(3) In the case of an offense by a person under this section that occurs after that per- 17, United States Code, is amended by striking sitive information in a public filing son is convicted of another offense under this subsection (b) and inserting the following: and to extend for 4 years the au- section, the person— ‘‘(b) DEFINITION.—As used in this section, the thority to redact financial disclo- ø‘‘(A) if an individual, shall be fined not term ‘traffic’ has the same meaning as in section sure statements of judicial employ- more than $5,000,000, imprisoned not more 2320(e) of title 18, United States Code.’’. ees and judicial officers.’’. than 20 years, or both; and Mr. CORNYN. Mr. President, I rise ø The bill (S. 1558), as amended, was ‘‘(B) if other than an individual, shall be today to thank my colleagues for join- fined not more than $15,000,000.’’; and ing me in the fight against global coun- read the third time and passed, as fol- ø(2) in subsection (b), by striking para- lows: terfeiting—a plague on our economy, graph (2) and inserting the following: on the safety of our citizens, and on S. 1558 ø‘‘(2) the term ‘traffic’ means— our national security. Be it enacted by the Senate and House of Rep- ø‘‘(A) transport, transfer, or otherwise dis- resentatives of the United States of America in pose of, to another as consideration for any- S. 1095, the Protecting American Congress assembled, thing of value or without consideration; or Goods and Services Act, or PAGS, is ø SECTION 1. PROTECTION OF FAMILY MEMBERS. ‘‘(B) make or obtain control of with in- important legislation designed to com- Section 105(b)(3) of the Ethics in Govern- tent to so transport, transfer, or dispose of; bat the trafficking of illegitimate ment Act of 1978 (5 U.S.C. App.) is amended— and’’. goods throughout the world—and I ø (1) in subparagraph (A), by inserting ‘‘or a (b) PROHIBITION OF TRANSPORT OF COUN- look forward to working with our col- TERFEIT GOODS OR UNAUTHORIZED COPIES AND family member of that individual’’ after leagues in the House of Representa- ‘‘that individual’’; and PHONORECORDS OF COPYRIGHTED WORKS.— ø(1) IN GENERAL.—Chapter 113 of title 18, tives to send it to the President. (2) in subparagraph (B)(i), by inserting ‘‘or I am particularly pleased to work a family member of that individual’’ after United States Code, is amended by inserting ‘‘the report’’. after section 2320 the following: with Senator LEAHY in our continued ø bipartisan effort to protect intellectual SEC. 2. EXTENSION OF PUBLIC FILING REQUIRE- ‘‘§ 2320A. Transport of counterfeit goods and MENT. unauthorized copyrighted works into or property rights as well as to work on Section 105(b)(3)(E) of the Ethics in Gov- out of the United States other important issues. Recently, we ernment Act of 1978 (5 U.S.C. App.) is amend- ø‘‘(a) DEFINITIONS.—In this section— have worked together on a matter near

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12713 and dear to my heart—good govern- PAGS Act fills certain important gaps sold to NATO, in jet engines, bridge ment legislation related to the Free- in current counterfeiting law by clari- joints, brake pads, and fasteners in dom of Information Act, and it indeed fying the term ‘‘trafficking’’ to ensure equipment designed to prevent nuclear has been a pleasure to work with the that it is illegal to: Possess counterfeit reactor meltdowns. The World Health ranking member of the Judiciary Com- goods with the intention of selling Organization estimates that the mar- mittee and his staff again. them; give away counterfeit goods in ket for counterfeit drugs is about $32 Mr. President, the rampant distribu- exchange for some future benefit—in billion each year. tion of illegitimate goods—be it coun- effect, the ‘‘bartering’’ of counterfeit Several years ago, Senator HATCH terfeited products, illegal copies of goods in such a way that avoids crimi- joined me in sponsoring the Anti-coun- copyrighted works or any other form of nality and import or export counterfeit terfeiting Consumer Protection Act of piracy—undermines property rights, goods or unauthorized copies of copy- 1996, which addressed counterfeiting by threatens American jobs, decreases righted works. amending several sections of our crimi- consumer safety and, often times, sup- This bill will protect property rights, nal and tariff codes. That law made imports organized crime and terrorist ac- protect consumer safety, preserve portant changes, particularly by ex- tivity. American jobs and bolster the Amer- panding RICO, the Federal Amazingly, it is estimated that be- ican economy by cracking down on the antiracketeering law, to cover crimes tween and 5 percent and 7 percent of trade of illegal counterfeit goods and involving counterfeiting and copyright worldwide trade is conducted with services. and trademark infringement. Then, as counterfeit goods and services. Accord- Each of these items was highlighted now, trafficking in counterfeit goods ing to FBI estimates, counterfeiting by the Department of Justice in its Oc- hurts purchasers, State and Federal costs U.S. businesses as much as $200– tober, 2004 report on its Task Force on Governments, and economies at every $250 billion annually—and that costs Intellectual Property. In it, the De- level. Americans their jobs—more than partment describes the significant lim- Perhaps most disturbingly, the U.S. 750,000 jobs according to U.S. Customs. itation law enforcement often times Customs Service reports that terrorists In recent years, this plague on global faces in pursuing counterfeiters and of- have used transnational counterfeiting trade has grown significantly. Accord- fers, among others, the principles em- operations to fund their activities: The ing to the World Customs Organization braced in the Protecting American sale of counterfeit and pirated music, and Interpol, the global trade in ille- Goods and Services Act, as possible so- movies, software, T-shirts, clothing, gitimate goods has increased from $5.5 lutions to these obstacles. and fake drugs ‘‘accounts for much of billion in 1992 to more than $600 billion This legislation, and other reforms, the money the international terrorist per year today; that is, $600 billion per will help turn the tide of the growing network depends on to feed its oper- year illegally extracted from the global counterfeit trade. The legislation is ations.’’ economy. critically important to law enforce- Last year, as in years past, I worked But perhaps most troubling, the ment—but it is even more critical for with Senator ALLEN on an amendment counterfeit trade threatens our safety businesses, large and small, throughout to the Foreign Operations bill that pro- and our security. Counterfeit goods un- America—including in my home state vides the State Department with vital dermine our confidence in the reli- of Texas—as well as for ensuringthe resources to combat piracy of U.S. ability of our goods and service. For safety of consumers around the globe. goods abroad. The bill we ultimately example, the Federal Aviation Admin- Those who traffic in counterfeit goods passed included $3 million for this im- istration estimates that 2 percent of put Americans in danger, support ter- portant purpose. Yet more work both the 26 million airline parts installed rorism and undermine the health of our at home and abroad remains. When you each year are counterfeit. And the Fed- Nation’s economy. It is time to put an consider that the economic impact of eral Drug Administration estimates end to this scourge on society. tangible piracy in counterfeit goods is that as much as 10 percent of pharma- I look forward to working with my estimated to be roughly $350 billion a ceuticals are counterfeit. Worse yet— colleagues to move this legislation for- year and to constitute between 5 per- evidence indicates that the counterfeit ward, and in so doing, protect property cent and 7 percent of worldwide trade, trade supports terrorist activities. In- rights, protect consumer safety, pre- a few million dollars is a worthwhile deed, alQaeda training manuals rec- serve American jobs and bolster the investment. ommended the sale of fake goods to American economy. We have certainly seen how this form raise revenue. Mr. LEAHY. Today, I am pleased of theft touches the lives of hard-work- And the reach of counterfeiting runs that the Senate is passing S. 1095, the ing Vermonters. Burton Snowboards is deep in my own home State of Texas. Protecting American Goods and Serv- a small company, whose innovation has Data is difficult to collect, but a 1997 ices Act of 2005, which is the latest of made it an industry leader in piece detailing Microsoft’s efforts to the bipartisan efforts that Senator snowboarding equipment and apparel. combat counterfeiting and piracy— CORNYN and I have made to improve Unfortunately, knockoff products car- while dated—pointed out that this type the lives of Americans through effec- rying Burton’s name have been found of activity costs Texas over 10,000 jobs tive and efficient government. The across the globe. Vanessa Price, a rep- and almost $1 billion. Today, we know Protecting American Goods and Serv- resentative of Burton, testified about those numbers are much higher. ices Act of 2005 will strengthen our counterfeiting at the Judiciary Com- Mr. President, we must act to stop ability to combat the escalating prob- mittee’s March 23, 2004, hearing on this this illegal activity. lem of counterfeiting worldwide. In topic. In addition to learning about the The legislation that we are sending order to effectively fight intellectual economic costs of counterfeiting, I over to the House today, the Pro- property theft, we need stiff penalties asked her after the hearing about the tecting American Goods and Services for counterfeiters and those who are risks posed to consumers by these Act, is not complicated, it is not long— caught with counterfeit goods with the goods. Her answer was chilling: ‘‘In the but its global impact will be signifi- intent to traffic their false wares. Ours weeks since my Senate testimony, I cant. The legislation is designed to pro- is a short bill—indeed, it is only two discovered a shipment of counterfeit vide law enforcement with additional pages long—but it will have powerful Burton boots for sale through a dis- tools to curb the flow of these illegit- global implications in the fight against count sports outfit . . . After exam- imate goods and it is perhaps even piracy. ining the poor quality of the counter- more critical for businesses, large and Counterfeiting is a growing problem feit boots, we determined that anyone small, throughout America and for en- that costs our economy hundreds of using the boots for snowboarding risks suring the safety of consumers around billions of dollars every year and has injury due to a lack of reinforcement the globe. been linked to organized crime, includ- and support in the product’s construc- Those who traffic in counterfeit ing terrorist organizations. According tion.’’ goods put Americans in danger, sup- to the International Anti-Counter- Customers and businesses lose out to port terrorism and undermine the feiting Coalition, counterfeit parts counterfeiters in other ways, too. SB health of our Nation’s economy. The have been discovered in helicopters Electronics in Barre, VT has seen its

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12714 CONGRESSIONAL RECORD — SENATE November 10, 2005 capacitors reverse engineered and its SECTION 1. SHORT TITLE; FINDINGS. position of the property and any related judi- customers lost to inferior copycat mod- (a) SHORT TITLE.—This Act may be cited as cial or administrative proceeding, shall be els. Vermont Tubbs, a furniture manu- the ‘‘Stop Counterfeiting in Manufactured governed by the procedures set forth in sec- facturer in Rutland, has seen its de- Goods Act’’. tion 413 of the Comprehensive Drug Abuse signs copied, produced offshore with in- (b) FINDINGS.—The Congress finds that— Prevention and Control Act of 1970 (21 U.S.C. (1) the United States economy is losing 853), other than subsection (d) of that sec- ferior craftsmanship and materials, millions of dollars in tax revenue and tens of tion. Notwithstanding section 413(h) of that and then reimported, so that the com- thousands of jobs because of the manufac- Act, at the conclusion of the forfeiture pro- pany is competing against cheaper ture, distribution, and sale of counterfeit ceedings, the court shall order that any for- versions of its own products. And goods; feited article or component of an article Hubbardton Forge in Castleton, VT has (2) the Bureau of Customs and Border Pro- bearing or consisting of a counterfeit mark seen its beautiful and original lamps tection estimates that counterfeiting costs be destroyed. counterfeited and then sold within the the United States $200 billion annually; ‘‘(4) When a person is convicted of an of- United States at prices—and quality— (3) counterfeit automobile parts, including fense under this section, the court, pursuant far below their own. This is wrong. It is brake pads, cost the auto industry alone bil- to sections 3556, 3663A, and 3664, shall order unfair to consumers who deserve the lions of dollars in lost sales each year; the person to pay restitution to the owner of (4) counterfeit products have invaded nu- the mark and any other victim of the offense high quality goods they think they are merous industries, including those producing as an offense against property referred to in paying for, and it is unfair to auto parts, electrical appliances, medicines, section 3663A(c)(1)(A)(ii). innovators who play by the rules and tools, toys, office equipment, clothing, and ‘‘(5) The term ‘victim’, as used in para- deserve to profit from their labor. many other products; graph (4), has the meaning given that term The Protecting American Goods and (5) ties have been established between in section 3663A(a)(2).’’. Services Act of 2005 will help to combat counterfeiting and terrorist organizations (3) Subsection (e)(1) is amended— this growing scourge. It amends the that use the sale of counterfeit goods to (A) by striking subparagraph (A) and in- definition of trafficking in the counter- raise and launder money; serting the following: feit law to criminalize the possession (6) ongoing counterfeiting of manufactured ‘‘(A) a spurious mark— of counterfeit goods with the intent to goods poses a widespread threat to public ‘‘(i) that is used in connection with traf- health and safety; and ficking in any goods, services, labels, patch- sell or traffic in those goods, as well as (7) strong domestic criminal remedies es, stickers, wrappers, badges, emblems, me- to include any distribution of counter- against counterfeiting will permit the dallions, charms, boxes, containers, cans, feits with the expectation of gaining United States to seek stronger cases, hangtags, documentation, or pack- something of value—criminals should anticounterfeiting provisions in bilateral aging of any type or nature; not be able to skirt the law simply be- and international agreements with trading ‘‘(ii) that is identical with, or substantially cause they barter illegal goods and partners. indistinguishable from, a mark registered on services in exchange for their illicit SEC. 2. TRAFFICKING IN COUNTERFEIT MARKS. the principal register in the United States wares. Finally, the bill’s new definition Section 2320 of title 18, United States Code, Patent and Trademark Office and in use, will criminalize the importation and is amended as follows: whether or not the defendant knew such exportation of counterfeit goods, as (1) Subsection (a) is amended by inserting mark was so registered; after ‘‘such goods or services’’ the following: ‘‘(iii) that is applied to or used in connec- well as of bootleg copies of copyrighted tion with the goods or services for which the works into and out of the United ‘‘, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, mark is registered with the United States States. Patent and Trademark Office, or is applied By tying off these loopholes and im- badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, docu- to or consists of a label, patch, sticker, wrap- proving U.S. laws on counterfeiting, we mentation, or packaging of any type or na- per, badge, emblem, medallion, charm, box, will be sending a powerful message to ture, knowing that a counterfeit mark has container, can, case, hangtag, documenta- the criminals who belong in jail, and to been applied thereto, the use of which is tion, or packaging of any type or nature that our innovators. likely to cause confusion, to cause mistake, is designed, marketed, or otherwise intended Mr. FRIST. Mr. President, I ask or to deceive,’’. to be used on or in connection with the goods unanimous consent that the committee (2) Subsection (b) is amended to read as or services for which the mark is registered substitute be agreed to, the bill, as follows: in the United States Patent and Trademark amended, be read a third time and ‘‘(b)(1) The following property shall be sub- Office; and ject to forfeiture to the United States and no ‘‘(iv) the use of which is likely to cause passed, the motions to reconsider be confusion, to cause mistake, or to deceive; laid upon the table, with no inter- property right shall exist in such property: ‘‘(A) Any article bearing or consisting of a or’’; and vening action or debate, and that any counterfeit mark used in committing a vio- (B) by amending the matter following sub- statements relating to the bill be lation of subsection (a). paragraph (B) to read as follows: printed in the RECORD. ‘‘(B) Any property used, in any manner or ‘‘but such term does not include any mark or The PRESIDING OFFICER. Without part, to commit or to facilitate the commis- designation used in connection with goods or objection, it is so ordered. sion of a violation of subsection (a). services, or a mark or designation applied to The committee amendment in the ‘‘(2) The provisions of chapter 46 of this labels, patches, stickers, wrappers, badges, nature of a substitute was agreed to. title relating to civil forfeitures, including emblems, medallions, charms, boxes, con- The bill (S. 1095), as amended, was section 983 of this title, shall extend to any sei- tainers, cans, cases, hangtags, documenta- read the third time and passed. zure or civil forfeiture under this section. At tion, or packaging of any type or nature used the conclusion of the forfeiture proceedings, in connection with such goods or services, of f the court, unless otherwise requested by an which the manufacturer or producer was, at STOP COUNTERFEITING IN agency of the United States, shall order that the time of the manufacture or production in MANUFACTURED GOODS ACT any forfeited article bearing or consisting of question, authorized to use the mark or designation for the type of goods or services so Mr. FRIST. Mr. President, I ask a counterfeit mark be destroyed or otherwise disposed of according to law. manufactured or produced, by the holder of unanimous consent that the Senate ‘‘(3)(A) The court, in imposing sentence on the right to use such mark or designation.’’. proceed to the immediate consider- a person convicted of an offense under this (4) Section 2320 is further amended— ation of Calendar No. 278, S. 1699. section, shall order, in addition to any other (A) by redesignating subsection (f) as sub- The PRESIDING OFFICER. The sentence imposed, that the person forfeit to section (g); and clerk will report the bill by title. the United States— (B) by inserting after subsection (e) the fol- The legislative clerk read as follows: ‘‘(i) any property constituting or derived lowing: A bill (S. 1699) to amend title 18, United from any proceeds the person obtained, di- ‘‘(f) Nothing in this section shall entitle States Code, to provide criminal penalties rectly or indirectly, as the result of the of- the United States to bring a criminal cause for trafficking in counterfeit marks. fense; of action under this section for the repack- ‘‘(ii) any of the person’s property used, or aging of genuine goods or services not in- There being no objection, the Senate tended to deceive or confuse.’’. proceeded to consider the bill which intended to be used, in any manner or part, to commit, facilitate, aid, or abet the com- SEC. 3. SENTENCING GUIDELINES. had been reported from the Committee mission of the offense; and (a) REVIEW AND AMENDMENT.—Not later on the Judiciary with an amendment. ‘‘(iii) any article that bears or consists of than 180 days after the date of enactment of S. 1699 a counterfeit mark used in committing the this Act, the United States Sentencing Com- Be it enacted by the Senate and House of Rep- offense. mission, pursuant to its authority under sec- resentatives of the United States of America in ‘‘(B) The forfeiture of property under sub- tion 994 of title 28, United States Code, and Congress assembled, paragraph (A), including any seizure and dis- in accordance with this section, shall review

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12715 and, if appropriate, amend the Federal sen- tients should not have to that they will This loophole was exposed by the tencing guidelines and policy statements ap- ingest counterfeit prescription drugs Tenth Circuit Court of Appeals in plicable to persons convicted of any offense and, at best, have no effect. The World United States v. Giles, 213 F.3d 1247—10th under section 2318 or 2320 of title 18, United Health Organization estimates that the Cir. 2000. In this case, the United States Code. market for counterfeit drugs is about States prosecuted the defendant for (b) AUTHORIZATION.—The United States Sentencing Commission may amend the Fed- $32 billion each year. Knock-off parts manufacturing and selling counterfeit eral sentencing guidelines in accordance have even been found in NATO heli- Dooney & Bourke labels that third par- with the procedures set forth in section 21(a) copters. What’s more, according to ties could later affix to generic purses. of the Sentencing Act of 1987 (28 U.S.C. 994 Interpol, there is an identifiable link Examining Title 18, section 2320, of the note) as though the authority under that between counterfeit goods and the fi- United States Code, the Tenth Circuit section had not expired. nancing of terrorist operations. held that persons who sell counterfeit (c) RESPONSIBILITIES OF UNITED STATES S. 1699 makes several improvements trademarks that are not actually at- SENTENCING COMMISSION.—In carrying out to the U.S. Code. The bill strengthens tached to any ‘‘goods or services’’ do this section, the United States Sentencing 18 U.S.C. 2318, the part of the criminal not violate the federal criminal trade- Commission shall determine whether the code that deals with counterfeit goods definition of ‘‘infringement amount’’ set mark infringement statute. Since the forth in application note 2 of section 2B5.3 of and services, to make it a crime to defendant did not attach counterfeit the Federal sentencing guidelines is ade- traffic in counterfeit labels or pack- marks to ‘‘goods or services,’’ the court quate to address situations in which the de- aging, even when counterfeit labels or found that the defendant did not run fendant has been convicted of one of the of- packaging are shipped separately from afoul of the criminal statute as a mat- fenses listed in subsection (a) and the item in the goods to which they will ulti- ter of law. Thus, someone caught red- which the defendant trafficked was not an mately be attached. Savvy counter- handed with counterfeit trademarks infringing item but rather was intended to feiters have exploited this loophole to walked free. facilitate infringement, such as an anti-cir- escape liability. This bill closes that cumvention device, or the item in which the S. 1699 closes this loophole by amend- loophole. ing Title 18, section 2320 of the United defendant trafficked was infringing and also The bill will also make counterfeit was intended to facilitate infringement in States Code to criminally prohibit the another good or service, such as a counter- labels and goods, and any equipment trafficking, or attempt to traffic, in feit label, documentation, or packaging, tak- used in facilitating a crime under this ‘‘labels, patches, stickers’’ and gen- ing into account cases such as U.S. v. Sung, part of the code, subject to forfeiture erally any item to which a counterfeit 87 F.3d 194 (7th Cir. 1996). upon conviction. Any forfeited goods or mark has been applied. In so doing, S. Mr. LEAHY. Mr. President, counter- machinery would then be destroyed, 1699 provides U.S. Department of Jus- feiting threatens the American econ- and the convicted infringer would have tice prosecutors with the means not omy, our workers, and our consumers. to pay restitution to the lawful owner only to prosecute individuals traf- I am pleased that the Senate has today of the trademark. Finally, although ficking in counterfeit goods or serv- the bill is tough, it is also fair. It taken an important step towards beat- ices, but also individuals trafficking in states that nothing ‘‘shall entitle the ing back that threat, by passing S. labels, patches, and the like that are United States to bring a cause of ac- 1699, the ‘‘Stop Counterfeiting in Man- later applied to goods. ufactured Goods Act.’’ Senator SPEC- tion under this section for the repack- Congress must act expeditiously to aging of genuine goods or services not TER is the principal cosponsor, and I protect U.S. held trademarks to the know that he shares with me the con- intended to deceive or confuse.’’ It is fullest extent of the law. The recent viction that this bill that will give law truly just the bad actors we want to ten count indictment of four Massachu- enforcement improved tools to fight punish. setts residents of conspiracy to traffic Those who profit from another’s in- counterfeit trademarks, and that it in approximately $1.4 million of coun- novation have proved their creativity could work a significant change in the terfeit luxury goods in the case of U.S. only at escaping responsibility for efforts to combat this type of theft. So their actions. As legislators it is im- v. Luong et al., 2005 D. Mass. under- are all our cosponsors, and I thank portant that we provide law enforce- scores the need for this legislation. Ac- them: Senators ALEXANDER, BAYH, ment with the tools needed to capture cording to the indictment, law enforce- BROWNBACK, COBURN, CORNYN, DEWINE, these thieves. I am committed to this ment officers raided self-storage units DURBIN, FEINGOLD, FEINSTEIN, HATCH, effort, and will continue to sponsor leg- earlier this year and found the units to KYL, LEVIN, REED, STABENOW, and islation that will support law enforce- hold approximately 12,231 counterfeit VOINOVICH. ment in the protection of the intellec- handbags; 7,651 counterfeit wallets; It is all too easy to think of counter- tual property rights that are so impor- more than 17,000 generic handbags and feiting as a victimless crime, a means tant to the American economy and its wallets; and enough counterfeit labels of buying sunglasses or a purse that creative culture. and medallions to turn more than would otherwise strain a monthly Mr. SPECTER. Mr. President, I want 50,000 generic handbags and wallets budget. The reality, however, is far dif- to take a moment to speak about S. into counterfeits. Although the U.S. ferent. According to the Federal Bu- 1699, the Stop Counterfeiting in Manu- Attorneys Office was able to pursue reau of Investigation, counterfeiting factured Goods Act of 2005, a bill I have charges of trafficking and attempting costs the U.S. between $200 billion and sponsored with Senator LEAHY and fif- to traffic in counterfeit handbags and $250 billion annually. In Vermont, com- teen other cosponsors—Senators ALEX- wallets, they could not bring charges panies like Burton Snowboards, ANDER, BAYH, BROWNBACK, COBURN, for trafficking and attempting to traf- Vermont Tubbs, SB Electronics, and CORNYN, DEWINE, DURBIN, FEINGOLD, fic in the more than 50,000 counterfeit Hubbardton Forge—all of which have FEINSTEIN, HATCH, KYL, LEVIN, REED, labels and medallions. As such, these cultivated their good names through STABENOW, and VOINOVICH. defendants will escape prosecution that pure hard work and creativity—have The Stop Counterfeiting in Manufac- would have otherwise been illegal if felt keenly the damage of intellectual tured Goods Act addresses a problem they had only been attached to an oth- property theft on their businesses. This that has reached epidemic proportions erwise generic bag. This simply does is wrong. It is simply not fair to the as a result of a loophole in our criminal not make sense and had the Stop Coun- businesses who innovate and to the code: the trafficking in counterfeit la- terfeiting in Manufactured Goods Act people whose economic livelihoods de- bels. Criminal law currently prohibits of 2005 been in effect at the time of in- pend on these companies. the trafficking in counterfeit trade- dictment, U.S. prosecutors would have The threat posed by counterfeiting is marks ‘‘on or in connection with goods been able to bring charges against the more than a matter of economics. Infe- or services.’’ However, it does not pro- defendants for trafficking and attempt- rior products can threaten the safety of hibit the trafficking in the counterfeit ing to traffic in not only counterfeit those who use them. When a driver marks themselves. As such, there is goods, but also counterfeit labels. taps a car’s brake pedals there should nothing in current law to prohibit an As Assistant Attorney General Alice be no uncertainty about whether the individual from selling counterfeit la- Fisher said, ‘‘Those who manufacture brake linings are made of compressed bels bearing otherwise protected trade- and sell counterfeit goods steal busi- grass, sawdust, or cardboard. Sick pa- marks within the United States. ness from honest merchants, confuse or

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12716 CONGRESSIONAL RECORD — SENATE November 10, 2005 defraud honest consumers, and ille- forfeiture authority of the U.S. Depart- the Federal sentencing guidelines and gally profit on the backs of honest ment of Justice, Senator LEAHY and I policy statements for crimes com- American workers and entrepreneurs.’’ discussed the scope of the facilitation mitted in violation of Title 18, section This point is underscored by the Bu- language, which parallels the drug and 2318 or 2320, of the United States Code? reau of Customs and Border Protection money laundering forfeiture language Mr. SPECTER. As the Senator is estimate that trafficking in counter- in 21 U.S.C. 853 and 18 U.S.C. 982, re- aware, the Sentencing Commission has feit goods costs the United States ap- spectively, and how it might relate to sought to update the Federal sen- proximately $200 to $250 million annu- Internet marketplace companies, tencing guidelines upon the periodic di- ally. With each passing year, the search engines, and ISPs. Specifically, rective of Congress to reflect and ac- United States loses millions of dollars we were aware of concerns regarding count for changes in the manner in in tax revenues to the sale of counter- the potential misapplication of the fa- which intellectual property offenses feit goods. Further, each counterfeit cilitation language in Section 2(b)(1)(B) item that is manufactured overseas to pursue forfeiture and seizure pro- are committed. The recent amend- and distributed in the United States ceedings against responsible Internet ments to which you refer were promul- costs American workers tens of thou- marketplace companies that serve as gated by the Sentencing Commission sands of jobs. With counterfeit goods third party intermediaries to online pursuant to the authorization in the making up a growing 5–7 percent of transactions. To this end, I would like Family Entertainment and Copyright wor1d trade, this is a problem that we to make it clear for the record that Act of 2005, also known as FECA. These can no longer ignore. this bill is not intended to apply to amendments to the Federal sentencing To be sure, counterfeiting is not lim- ‘‘good actor’’ Internet service providers guidelines, which took effect on Octo- ited to the popular designer goods that that serve as third party inter- ber 24, 2005, address changes in pen- we have all seen sold on comers of just mediaries to online transactions and alties and definitions for intellectual about every major metropolitan city in property rights crimes, particularly the United States. Counterfeiting has a take demonstrable steps to prevent the exchange or trafficking of counterfeit those involving copyrighted pre-release devastating impact on a broad range of works and issues surrounding industries. In fact, for almost every le- goods on their networks. Does Senator LEAHY agree? ‘‘uploading.’’ For example, these guide- gitimate product manufactured and Mr. LEAHY. I agree with the Sen- lines provide for a 25-percent increase sold within the United States, there is ator. a parallel counterfeit product being in sentences for offenses involving pre- Section 2(b)(1)(B) authorizes U.S. At- release works. In addition, the Com- sold for no more than half the price. torneys to pursue civil in rem for- These counterfeit products range from mission revised its definition of feiture proceedings against ‘‘any prop- children’s toys to clothing to Christ- ‘‘uploading’’ to ensure that the guide- erty used, in any manner or part, to mas tree lights. More frightening are lines are keeping up with technological commit or to facilitate the commission the thousands of counterfeit auto- advances in this area. of a violation of subsection (a).’’ The mobile parts, batteries, and electrical intent of this language is to provide at- I would like to make it clear for the equipment that are being manufac- torneys and prosecutors with the au- record that the directive to the Sen- tured and placed into the stream of thority to bring a civil forfeiture ac- tencing Commission in Section 3 of S. commerce with each passing day. I am 1699 is not meant as disapproval of the told that the level of sophistication in tion against the property of bad actors who are facilitating trafficking or at- Commission’s recent actions in re- counterfeiting has reached the point sponse to FECA. Rather, Section 3 cov- that you can no longer distinguish be- tempts to traffic in counterfeit marks. The forfeiture authority in Section ers other intellectual property rights tween the real and the counterfeit good crimes that Congress believes it is time or label with the naked eye. However, 2(b)(1)(B) cannot be used to pursue forfeiture and seizure proceedings against for the Commission to revisit. Specifi- just because these products look the cally, Section 3 directs the Commission same does not mean that they have the the computer equipment, website or network of responsible Internet mar- to review the guidelines, and particu- same quality characteristics. The larly the definition of ‘‘infringement counterfeit products are not subject to ketplace companies, who serve solely amount,’’ to ensure that offenses in- the same quality controls of legitimate as a third-party to transactions and do volving low-cost items like labels, products, resulting in items that are not tailor their services or their facili- patches, medallions, or packaging that lower in quality and likely to fall ties to the furtherance of trafficking or are used to make counterfeit goods apart. In fact, counterfeit products attempts to traffic in counterfeit could potentially kill unsuspecting marks. However, these Internet mar- that are much more expensive, are American consumers. ketplace companies must make demon- properly punished. It also directs the In addition to closing the ‘‘counter- strable good faith efforts to combat the Commission to ensure that the penalty feit label loophole,’’ the Stop Counter- use of their systems and services to provisions for offenses involving all feiting in Manufactured Goods Act traffic in counterfeit marks. Compa- counterfeit goods or services, or de- strengthens the criminal code and pro- nies must establish and implement pro- vices used to facilitate counterfeiting vides heightened penalties for those cedures to take down postings that are properly addressed by the guide- trafficking in counterfeit marks. Cur- contain or offer to sell goods, services, lines. As it did in response to the No rent law does not provide for the sei- labels, and the like in violation of this Electronic Theft Act of 1997 and FECA, zure and forfeiture of counterfeit trade- act upon being made aware of the ille- I am confident that the Commission marks, whether they are attached to gal nature of these items or services. will ensure that the Federal sentencing goods or not. Therefore, many times It is the irresponsible culprits that guidelines provide adequate punish- such counterfeit goods are seized one must be held accountable. Those who ment and deterrence for these very se- day, only to be returned and sold to an profit from another’s innovation have rious offenses and I look forward to the unsuspecting public. To ensure that in- proved their creativity only at escap- Commission’s response to this direc- dividuals engaging in the practice of ing responsibility for their actions. As tive. legislators it is important that we pro- trafficking in counterfeit marks can- Mr. LEAHY. I thank Senator SPEC- vide law enforcement with the tools not reopen their doors, S. 1699 estab- TER for that clarification. As he is needed to capture these thieves. lishes procedures for the mandatory aware, we have received over a dozen seizure, forfeiture, and destruction of It is also my understanding that the U.S. Sentencing Commission recently letters in support of S. 1699, the Stop counterfeit marks prior to a convic- Counterfeiting in Manufactured Goods tion. Further, it provides for proce- promulgated new Federal sentencing Act of 2005. I ask unanimous consent to dures for the mandatory forfeiture and guidelines to count for the changes in have several of these letters printed in destruction of property derived from or how intellectual property crimes are the RECORD. used to engage in the trafficking of committed. Could the Senator from counterfeit marks. Pennsylvania clarify for the RECORD There being no objection, the mate- In crafting the language in Section why we have authorized the U.S. Sen- rial was ordered to be printed in the 2(b)(I)(B) of this bill pertaining to the tencing Commission to further amend RECORD, as follows:

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LEXMARK INTERNATIONAL INC., weapons. S. 1699 accomplishes that precise essary disincentive in the criminal code for Lexington, KY, November 4, 2005. goal. traffickers in counterfeit labels and goods. Hon. PATRICK J. LEAHY, Counterfeiting will continue to cost the We urge you to endorse S. 1699 and promote U.S. Senate, U.S. hundreds of billions of dollars each year its passage in the full Senate. Washington, DC. if U.S. law does act as a deterrent. This bill First, the S. 1699 amendments to 18 U.S.C. DEAR SENATOR LEAHY: I am writing to the takes the very equipment out of the hands of 2320 will help our fight against counterfeiters members of the Senate Judiciary Committee counterfeiters who would perpetuate the by strengthening the application of this stat- to express Lexmark’s strong support for Sen- manufacture of illicit goods. Once S. 1699 is ute to those who traffic in counterfeit labels ate Bill 1699 (the ‘‘Stop Counterfeiting in enacted into law it will allow the U.S. to and goods. We are pleased that S. 1699 recog- Manufactured Goods Act’’), and to urge your seek similarly strong legislation abroad as it nizes the need to strengthen the effective- support for its passage. S. 1699 creates a enters into trade negotiations with other ness of 18 U.S.C. 2320. much-needed deterrent targeting traffickers countries. Second, S. 1699 strengthens forfeiture and We ask you to support S. 1699 as written in in counterfeit labels and goods—illegal acts destruction remedies that are necessary to your next Executive Business meeting and which plague not only our business, but deter counterfeiting. Unfortunately, coun- promote its passage in the full Senate. many others. S. 1699 amends 18 U.S.C. 2320 to terfeiting continues to grow out of control Thank you for attending to a serious prob- strengthen the application of this statute to because it is seen as a lucrative yet low risk lem that undermines U.S. intellectual prop- include those who traffic in counterfeit la- crime. Intellectual property owners, their erty. bels and goods, thus greatly helping our counsels, private investigators and law en- Sincerely, fight against counterfeiters. forcement fight counterfeiting every day. We Unfortunately, counterfeiting continues to CHARLES JEFFREY DUKE, must be able to send a message to counter- grow out of control because it is seen as a lu- Corporate Secretary and General Counsel. feiters that the theft of intellectual property crative, yet low risk, crime that some even is intolerable and that the battle against try to paint as a victimless crime. Nothing WARNACO, counterfeiting will be fought with stronger could be farther from the truth—not only are New York, NY, November 2, 2005. weapons. S. 1699 accomplishes that precise the illicit profits being funneled into other Hon. Senator PATRICK J. LEAHY, goal. criminal activities, but law abiding citizens Ranking Democratic Member, Russell Senate around the world are made victims when Office Building, Washington, DC. Counterfeiting will continue to cost the they unwittingly buy illegitimate products. DEAR SENATOR LEAHY: I am writing to ex- U.S. hundreds of billions of dollars each year Intellectual property owners, their counsels, press my absolute support for Senate Bill if U.S. law does act as a deterrent. This bill private investigators and law enforcement 1699, the ‘‘Stop Counterfeiting in Manufac- takes the very equipment out of the hands of fight counterfeiting every day. We must be tured Goods Act.’’ S. 1699 creates a necessary counterfeiters who would perpetuate the able to send a message to counterfeiters that disincentive in the criminal code for traf- manufacture of illicit goods. Once S. 1699 is the theft of intellectual property is intoler- fickers in counterfeit labels and goods. We enacted into law it will allow the U.S. to able and that the battle against counter- urge you to endorse S. 1699 and promote its seek similarly strong legislation abroad as it feiting will be fought with stronger weapons. passage in the full Senate. enters into trade negotiations with other S. 1699 accomplishes that precise goal, by First, the S. 1699 amendments to 18 U.S.C. countries. strengthening forfeiture and destruction 2320 will help our fight against counterfeiters Sincerely, remedies. by strengthening the application of this stat- ALLEN BRILL, Counterfeiting costs the United States bil- ute to those who traffic in counterfeit labels President and CEO. lions of dollars each year in lost intellectual and goods. We are pleased that S. 1699 recog- property, revenues, profits and ultimately, nizes the need to strengthen the effective- VISION COUNCIL OF AMERICA, jobs. These criminals must be stopped, and ness of 18 U.S.C. 2320. Alexandria, VA, November 2, 2005. this bill seeks to take away some of the tools Second, S. 1699 strengthens forfeiture and Hon. PATRICK J. LEAHY, they use to manufacture counterfeit goods. destruction remedies that are necessary to Ranking Democratic Member, Russell Senate If S. 1699 is enacted into law, it will also help deter counterfeiting. Unfortunately, coun- Office Building, Washington, DC. the United States seek reciprocal legislation terfeiting continues to grow out of control DEAR SENATOR LEAHY, I am writing to ex- abroad. because it is seen as a lucrative yet low risk press my absolute support for Senate Bill I urge your personal support for S. 1699 crime. Intellectual property owners, their 1699, the ‘‘Stop Counterfeiting in Manufac- both in Judiciary Committee deliberations counsels, private investigators and law en- tured Goods Act’’. S. 1699 creates a necessary and in promotion of its passage in the full forcement fight counterfeiting every day. We disincentive in the criminal code for traf- Senate. Thank you for your consideration in must be able to send a message to counter- fickers in counterfeit labels and goods. We addressing this very serious problem. feiters that the theft of intellectual property urge you to endorse S. 1699 and promote its Yours sincerely, is intolerable and that the battle against passage in the full Senate. PATRICK T. BREWER, counterfeiting will be fought with stronger First, the S. 1699 amendments to 18 U.S.C. Director, Government Affairs. weapons. S. 1699 accomplishes that precise 2320 win help our fight against counterfeiters goal. by strengthening the application of this stat- ZIPPO MANUFACTURING COMPANY, Counterfeiting will continue to cost the ute to those who traffic in counterfeit labels Bradford, PA, November 2, 2005. U.S. hundreds of billions of dollars each year and goods. We are pleased that S. 1699 recog- Hon. PATRICK J. LEAHY, if U.S. law does act as a deterrent. This bill nizes the need to strengthen the effective- Ranking Democratic Member, Russell Senate takes the very equipment out of the hands of ness of 18 U.S.C. 2320. Office Building, Washington, DC. counterfeiters who would perpetuate the Second, S. 1699 strengthens forfeiture and DEAR SENATOR LEAHY: I am writing to ex- manufacture of illicit goods. Once S. 1699 is destruction remedies that are necessary to press my absolute support for Senate Bill enacted into law it will allow the U.S. to deter counterfeiting. Unfortunately, coun- 1699, the ‘‘Stop Counterfeiting in Manufac- seek similarly strong legislation abroad as it terfeiting continues to grow out of control tured Goods Act’’ S. 1699 creates a necessary enters into trade negotiations with other because it is seen as a lucrative yet low risk disincentive in the criminal code for traf- countries. crime. Intellectual property owners, their fickers in counterfeit labels and goods. We We ask you to support S. 1699 as written in counsels, private investigators and law en- urge you to endorse S. 1699 and promote its your next Executive Business meeting and forcement fight counterfeiting every day. We passage in the full Senate. promote its passage in the full Senate. First, the S. 1699 amendments to 18 U.S.C. Thank you for attending to a serious prob- must be able to send a message to counter- 2320 will help our fight against counterfeiters lem that undermines U.S. intellectual prop- feiters that the theft of intellectual property by strengthening the application of this stat- erty. is intolerable and that the battle against ute to those who traffic in counterfeit labels Sincerely, counterfeiting will be fought with stronger and goods. We are pleased that S. 1699 recog- DOREEN SMALL, weapons. S. 1699 accomplishes that precise nizes the need to strengthen the effective- Associate General Counsel. goal. ness of 18 U.S.C. 2320. Counterfeiting will continue to cost the Second, S. 1699 strengthens forfeiture and ROLEX WATCH U.S.A., INC., U.S. hundreds of billions of dollars each year destruction remedies that are necessary to New York, NY, November 2, 2005. if U.S. law does act as a deterrent. This bill deter counterfeiting. Unfortunately, coun- Hon. Senator PATRICK J. LEAHY, takes the very equipment out of the hands of terfeiting continues to grow out of control Russell Senate Office Building, counterfeiters who would perpetuate the because it is seen as a lucrative yet low risk Washington, DC. manufacture of illicit goods. Once S. 1699 is crime. Intellectual property owners, their DEAR SENATOR LEAHY: I am the President enacted into law it will allow the U.S. to counsels, private investigators and law en- and CEO of Rolex Watch U.S.A., Inc., which seek similarly strong legislation abroad as it forcement fight counterfeiting every day. We as you may be aware, has been battling enters into trade negotiations with other must be able to send a message to counter- counterfeiters for many years. I am writing countries. feiters that the theft of intellectual property to express my absolute support for Senate We ask you to support S. 1699 as written in is intolerable and that the battle against Bill 1699, the ‘‘Stop Counterfeiting in Manu- your next Executive Business meeting and counterfeiting will be fought with stronger factured Goods Act.’’ S. 1699 creates a nec- promote its passage in the full Senate.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12718 CONGRESSIONAL RECORD — SENATE November 10, 2005 Thank you for attending to a serious prob- FEINGOLD, FEINSTEIN, HATCH, KYL, pledge, the morning hour be deemed to lem that undermines U.S. intellectual prop- LEVIN, REED, STABENOW and VOINOVICH have expired, the Journal of pro- erty. for their co-sponsorship. ceedings be approved to date, the time Sincerely, I would also like to thank Represent- for the two leaders be reserved and the DONNA VAN GREEN, Frame Division Liaison, ative JIM SENSENBRENNER, chairman of Senate resume consideration of S. 1042 Vision Council of America. the House Judiciary Committee, and as under the previous order. Representative JOE KNOLLENBERG for The PRESIDING OFFICER. Without THE TIMBERLAND COMPANY, their leadership in the House with re- objection, it is so ordered. Stratham, NH, November 2, 2005. gard to H.R. 32, counterfeiting legisla- f Senator ARLEN SPECTER, tion directly related to S. 1699. In Jan- PROGRAM Chairman, Senate Committee on the Judiciary, uary of this year, Representative Hart Senate Office Building, Washington, KNOLLENBERG introduced H.R. 32, the Mr. FRIST. Mr. President, on Mon- DC. day, the Senate will continue its con- Senator PATRICK J. LEAHY, initial draft of the Stop Counterfeiting Ranking Member, Senate Committee on the Ju- in Manufactured Goods Act of 2005, in sideration of the Defense authorization diciary, Russell Senate Office Building, the House. When the bill was in Com- bill. Under the agreement reached this Washington, DC. mittee, he fostered negotiations be- evening, we will have debate on only a DEAR SENATOR SPECTER AND SENATOR tween the Department of Justice, the few remaining amendments. We will LEAHY: On behalf of the more than 2,100 peo- U.S. Chamber of Commerce, and the complete action on those amendments ple employed in the U.S. by The Timberland and proceed to passage of the bill with Company. I am writing to express my sup- International Trademark Association port for S. 1699, the ‘‘Stop Counterfeiting in to craft language nearly paralleling S. a series of votes that will start on Manufactured Goods Act’’ which creates nec- 1699. I commend to my colleagues the Tuesday morning. We will have a vote essary disincentives in the criminal code for Housing Judiciary Committee Report on Monday. Under the order just en- traffickers in counterfeit labels and goods. on H.R. 32, as amended. tered, we will vote on the Energy and This bill is an essential step toward pro- Mr. LEAHY. Some of our most im- Water appropriations conference report tecting our trademark, our brand, and our portant legislation is produced not at 5:30. We will also complete action on company’s identity. I urge you to endorse only when we reach across the aisle in the State, Justice, Commerce appro- this bill and promote its passage in the full priations conference report next week. Senate. the name of bipartisanship, but, when As you know, the elicit counterfeiting of we work across chambers and reach f legitimate products is a serious problem, true consensus. I would also like to ADJOURNMENT UNTIL MONDAY, both internationally and in the United thank Senators ALEXANDER, BAYH, NOVEMBER 14, 2005, AT 2 P.M. States. This bill, which is similar to H.R. 32, BROWNBACK, COBURN, CORNYN, DEWINE, which was passed by the U.S. House of Rep- DURBIN, FEINGOLD, FEINSTEIN, HATCH, Mr. FRIST. If there is no further resentatives in May, will strengthen efforts KYL, LEVIN, REED, STABENOW and business to come before the Senate, I to combat counterfeiting in the U.S. in two VOINOVICH for their cosponsorship. ask unanimous consent that the Sen- very important ways. Specifically, S. 1699 ate stand in adjournment under the would: Counterfeiting is a serious problem Amend Title 18 of the United States Code that does not lend itself to a quick and previous order. to close the loophole in the criminal trade- easy solution. This legislation is an im- There being no objection, the Senate, mark infringement statute, which currently portant step towards fighting counter- at 7:56 p.m., adjourned until Monday, does not criminally prohibit the trafficking feiting. I hope we can build on the suc- November 14, 2005, at 2 p.m. of labels, patches, and stickers, and other cess of this law. f counterfeit marks; and Ensure that counterfeit goods and marks Mr. FRIST. Mr. President, I ask NOMINATIONS unanimous consent that the committee seized in violation of this statute are prop- Executive nominations received by erly disposed of and do not make their way amendment be agreed to, the bill, as the Senate November 10, 2005: back on the street. amended, be read a third time and Counterfeiting costs the U.S. hundreds of passed, the motions to reconsider be DEPARTMENT OF COMMERCE billions of dollars each year, and will con- laid upon the table, with no inter- ROBERT C. CRESANTI, OF TEXAS, TO BE UNDER SEC- tinue to do so if our laws do not act as a de- RETARY OF COMMERCE FOR TECHNOLOGY, VICE PHILLIP terrent. Not only would S. 1699 take the very vening action or debate, and that any BOND, RESIGNED. statements relating to the bill be DAVID M. SPOONER, OF VIRGINIA, TO BE AN ASSISTANT equipment out of the hands of counterfeiters SECRETARY OF COMMERCE, VICE JAMES J. JOCHUM, RE- who would perpetuate the manufacture of il- printed in the RECORD. SIGNED. licit goods, it would allow the U.S. to seek The PRESIDING OFFICER. Without DEPARTMENT OF HOMELAND SECURITY similarly strong legislation abroad as it en- objection, it is so ordered. UTTAM DHILLON, OF CALIFORNIA, TO BE DIRECTOR OF ters into trade negotiations with other coun- The committee amendment was THE OFFICE OF COUNTERNARCOTICS ENFORCEMENT, DE- tries. agreed to. PARTMENT OF HOMELAND SECURITY. (NEW POSITION) I appreciate this opportunity to address SUPREME COURT OF THE UNITED STATES this critically important issue, and I hope The bill (S. 1699), as amended, was read the third time and passed. SAMUEL A. ALITO, JR., OF NEW JERSEY, TO BE AN AS- you will continue the fight against elicit SOCIATE JUSTICE OF THE SUPREME COURT OF THE counterfeiting of U.S. products by sup- f UNITED STATES, VICE SANDRA DAY O’CONNOR, RETIR- porting S. 1699 and promoting its passage in ING. the full Senate. AUTHORITY TO SIGN DULY EN- THE JUDICIARY ROLLED BILLS OR JOINT RESO- Sincerely, LEO MAURY GORDON, OF NEW JERSEY, TO BE A JUDGE DANETTE WINEBERG, LUTIONS OF THE UNITED STATES COURT OF INTERNATIONAL TRADE, VICE THOMAS J. AQUILINO, RETIRED. Vice President, Mr. FRIST. Mr. President, I ask General Counsel and Secretary. DEPARTMENT OF JUSTICE unanimous consent that during the ad- Mr. LEAHY. Mr. President, it has journment of the Senate, the majority STEPHEN C. KING, OF NEW YORK, TO BE A MEMBER OF been very heartening to see such over- THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF leader and the junior Senator from Vir- THE UNITED STATES FOR THE TERM EXPIRING SEP- whelming support for this important TEMBER 30, 2008, VICE JEREMY H. G. IBRAHIM, TERM EX- ginia be authorized to sign duly en- PIRED. bill. Counterfeiting is a threat to rolled bills or joint resolutions. DEPARTMENT OF STATE America. It wreaks real harm on our The PRESIDING OFFICER. Without economy, our workers, and our con- objection, it is so ordered. DUANE ACKLIE, OF NEBRASKA, TO BE AN ALTERNATE sumers. This bill is a tough bill that REPRESENTATIVE OF THE UNITED STATES OF AMERICA f TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY will give law enforcement improved OF THE UNITED NATIONS. GOLI AMERI, OF OREGON, TO BE A REPRESENTATIVE tools to fight this form of theft. The ORDERS FOR MONDAY, OF THE UNITED STATES OF AMERICA TO THE SIXTIETH bill is short and straight-forward, but SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NOVEMBER 14, 2005 NATIONS. its impact should be profound and far- ROBERT C. O’BRIEN, OF CALIFORNIA, TO BE AN ALTER- reaching. Mr. FRIST. I ask unanimous consent NATE REPRESENTATIVE OF THE UNITED STATES OF Mr. SPECTER. I would like to take that when the Senate completes its AMERICA TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. this opportunity to thank Senators business today, it adjourn until 2 p.m. DONALD M. PAYNE, OF NEW JERSEY, TO BE A REP- ALEXANDER, BAYH, BROWNBACK, on Monday, November 14. I further ask RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY OF COBURN, CORNYN, DEWINE, DURBIN, that following the prayer and the THE UNITED NATIONS.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 9801 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — SENATE S12719 EDWARD RANDALL ROYCE, OF CALIFORNIA, TO BE A To be lieutenant colonel To be lieutenant colonel REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY RANDALL S. LECHEMINANT, 0000 MELVIN S. HOGAN, 0000 OF THE UNITED NATIONS. SCOTT H. R. LEE, 0000 JOSEPH M. JACKSON, 0000 IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED CONFIRMATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be major RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Executive nominations confirmed by RENA A. NICHOLAS, 0000 To be general the Senate Thursday, November 10, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. DAVID D. MCKIERNAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR 2005: FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF STATE IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be major ANNE W. PATTERSON, OF VIRGINIA, TO BE AN ASSIST- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JEFFREY S. BRITTIG, 0000 ANT SECRETARY OF STATE (INTERNATIONAL NARCOTICS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND LAW ENFORCEMENT AFFAIRS). To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR DEPARTMENT OF VETERANS AFFAIRS LT. GEN. CHARLES C. CAMPBELL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: GEORGE J. OPFER, OF VIRGINIA, TO BE INSPECTOR GENERAL, DEPARTMENT OF VETERANS AFFAIRS. THE FOLLOWING ARMY NATIONAL GUARD OF THE To be major THE ABOVE NOMINATION WAS APPROVED SUBJECT TO UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ALBERT J. BAINGER, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TITLE 10, U.S.C., SECTION 12203: IN THE ARMY CONSTITUTED COMMITTEE OF THE SENATE. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF AGRICULTURE TO THE GRADE INDICATED IN THE RESERVE OF THE BRIG. GEN. RICHARD G. MAXON, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JAMES M. ANDREW, OF GEORGIA, TO BE ADMINIS- IN THE AIR FORCE TRATOR, RURAL UTILITIES SERVICE, DEPARTMENT OF To be colonel AGRICULTURE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACK N. WASHBURNE, 0000 CHARLES R. CHRISTOPHERSON, JR., OF TEXAS, TO BE TO THE GRADE INDICATED IN THE UNITED STATES AIR CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRI- FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CULTURE. THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be colonel THE GRADE INDICATED IN THE RESERVE OF THE ARMY EXECUTIVE OFFICE OF THE PRESIDENT JON R. STOVALL, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SUSAN C. SCHWAB, OF MARYLAND, TO BE A DEPUTY To be colonel UNITED STATES TRADE REPRESENTATIVE, WITH THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANK OF AMBASSADOR. TO THE GRADE INDICATED IN THE UNITED STATES AIR BARRY J. BERNSTEIN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK D. NETHERTON, 0000 DEPARTMENT OF DEFENSE To be lieutenant colonel JAMES D. REECE, 0000 DONALD C. WINTER, OF VIRGINIA, TO BE SECRETARY GUY C. SCHULTZ, 0000 OF THE NAVY. KENNETH W. BULLOCK, 0000 JUAN M. VERA, 0000 DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY SUE ELLEN WOOLDRIDGE, OF VIRGINIA, TO BE AN AS- FORCE UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C. SECTION 624: SISTANT ATTORNEY GENERAL.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 9801 E:\2005SENATE\S10NO5.REC S10NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2323 EXTENSIONS OF REMARKS

SAYING FAREWELL TO HOUSE Achievement is the highest achievement that is, nevertheless, the kind of person who PARLIAMENTARIAN MUFTIAH can be earned in the Royal Ranger Program. makes a difference. She is one of those per- MCCARTIN Mr. White is a freshman in Roanoke, Texas. sons who has helped others get elected, and His achievement represents many years of to make sure that her candidates keep their SPEECH OF diligent work completing merits, camping and promises. HON. J. DENNIS HASTERT nature skills, leadership training camps, Mr. Speaker, I ask my colleagues to join memorization, essays and service projects. A with me in expressing our gratitude to Mar- OF ILLINOIS special service honoring Mr. White’s accom- garet Atencio for her continuing commitment IN THE HOUSE OF REPRESENTATIVES plishment is planned for November 27, 2005 to honest politics in Colorado. In a time when Wednesday, November 9, 2005 at Grace Community Assembly of God in voter turnout is sometimes disappointingly low Mr. HASTERT. Mr. Speaker, I rise today to Flower Mound, Texas. and faith in government has fallen, it is heart- honor House Associate Parliamentarian I extend my sincere congratulations to Mr. ening to know that there are people like Mar- Muftiah McCartin. Today marks the final day in David White on receiving the Gold Medal of garet who find time to volunteer, engage oth- the long and distinguished career of Muftiah, Achievement. His hard work and dedication to ers and who are devoted to bettering the polit- who has served this House with great distinc- excellence warrants the highest achievement ical process, increasing political participation tion for nearly 30 years in the Office of the given by the Royal Rangers Program. and strengthening our communities in the Parliamentarian. f process. I’m proud to know Margaret Atencio, During her nearly three decades of service, to count her as a friend and advocate of peo- HONORING MARGARET ATENCIO Muftiah served under six Speakers and three ple whose voices are not always heard, but different Parliamentarians of the House. Char- need to be heard. lie Johnson, the former Parliamentarian, would HON. MARK UDALL f OF COLORADO often describe Muftiah as a ‘‘Renaissance MOUNT ST. HELENS NATIONAL woman.’’ She came to work for the Parliamen- IN THE HOUSE OF REPRESENTATIVES VOLCANIC MONUMENT tarian’s Office as a clerk in 1976 and contin- Thursday, November 10, 2005 ued her education at night. On top of her day job and night school, Muftiah was a dedicated Mr. UDALL of Colorado. Mr. Speaker, I rise HON. MARK E. SOUDER mother. She accomplished all her tasks with today to honor a leader in Colorado’s Hispanic OF INDIANA great determination, strength, and grace. After community, Ms. Margaret Atencio. Margaret’s IN THE HOUSE OF REPRESENTATIVES completing her juris doctorate, Muftiah was the tireless efforts in the competitive arena of Col- Thursday, November 10, 2005 first woman appointed an Assistant Parliamen- orado politics has spanned many years. She is a beloved person in the Colorado Demo- Mr. SOUDER. Mr. Speaker, on May 18, tarian in January of 1991 by Speaker Tom 1980, a catastrophic volcanic eruption forever Foley. cratic Party, and well respected by all, including many Republican friends, for her dedica- changed the face of Mt. St. Helens in Wash- Aside from her dedication to the office’s ington. As a result of the eruption, fifty-seven daily procedural mission, she has provided tion to Hispanic youth and increasing the participation and clout of the Latino vote. Her people were killed, hundreds of square miles special expertise to the House in the areas of of forest were shattered, and the once grace- budget process and rule making. Muftiah has contributions are an inspiration to anyone interested in public service. ful peak of the mountain was reduced to a also assisted the office as the long-time editor smoldering crater. of the House Rules and Manual, published Margaret Atencio has had a distinguished career which began with her work at the Envi- In 1982, President Ronald Reagan estab- every Congress, as well as two editions of lished the Mount St. Helens National Volcanic House Practice. ronmental Protection Agency and the Equal Opportunity Employment Commission. Gov- Monument within the U.S. Forest Service. The Over the years I have served in this House Monument is unique in that it is the only unit as both a Member and now Speaker, I have ernor Roy Romer appointed her to the Second Judicial Performance Committee Commission. of its kind in the U.S. Forest Service. The come to have a greater appreciation for the Monument’s mission to provide research, role of the office of the Parliamentarian and She serves as the chair of the Downtown Democratic Forum, the Democratic Outreach recreation, and education opportunities related those giving me advice. On behalf of all those to Mt. St. Helens and the 1980 eruption does who have looked to you for help while pre- Commission, and was a founder of the Demo- cratic Latino Initiative. not fit with that of the Forest Service, which is siding in the Speaker’s chair, thank you for charged with management of our Nation’s for- being such a trusted and educated colleague. Margaret has shown boundless energy and commitment to political causes in Colorado. ests. I wish you the best of luck in your future en- The attached article, which appeared in The She is currently the vice chair of the 1st Con- deavors and hope that with the long hours of Columbian, a Vancouver, Washington-based gressional District, the captain and precinct this job behind you, you will be afforded more newspaper, puts forth the idea that the Mount committeeperson of House District IB, the 2nd time to spend with your husband and four chil- St. Helens National Volcanic Monument Vice Chair of the Colorado Democratic Party, dren. should be removed from the Forest Service, and the president of the Denver Jane Jeffer- f and made a unit of the National Park Service, sons. She has been a delegate to many Na- whose primary mission is research, recreation, CONGRATULATING DAVID WHITE tional Democratic Party Conventions and State and education. Party Conventions. When I visited the Monument earlier this As influential as she has been in politics, it HON. MICHAEL C. BURGESS year, the same idea occurred to me. Perhaps is not her partisan affiliation that strikes me as OF TEXAS it is time we look into it. IN THE HOUSE OF REPRESENTATIVES most worthy of recognition, but rather her commitment to projects that strengthen her [From the Columbian, Nov. 7, 2005] Thursday, November 10, 2005 community. She is a member of a grassroots PARK STATUS MAY EASE ST. HELENS’ BLUES Mr. BURGESS. Mr. Speaker, I rise today to group in Denver, ‘‘Finding Common Ground’’ (By Erik Robinson) congratulate Mr. David White for receiving the and she serves on the Board of Brothers Re- Dave Uberuaga has been watching with in- Gold Medal of Achievement in Royal Rangers. development, Incorporated, which is a non- terest as his neighbor to the south struggles to pay the bills. Royal Rangers is an achievement program profit group that sponsors programs to help Uberuaga, superintendent of Mount of the Assemblies of God which utilizes an low-income, elderly and disabled persons find Rainier National Park, has a built-in advan- outdoor theme to teach positive character, re- affordable housing and support services. tage over the Mount St. Helens National sponsibility, leadership, citizenship and service Margaret does not hold public office, nor Volcanic Monument: a steady and reliable to God, men and country. The Gold Medal of has she been a candidate for office, but she source of funding.

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

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.001 E10NOPT1 E2324 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 While the U.S. Forest Service looks for pri- ‘‘Congress should do the same thing with lation to make South Korea a Visa Waiver vate enterprise to help make ends meet at monuments that the Forest Service man- Program country. Under the Visa Waiver Pro- Mount St. Helens, Congress provides 80 per- ages,’’ he said. ‘‘The monuments are really gram, a traveler to the United States, either for cent of Mount Rainier’s budgetary needs. owned by the public in a more deeply held Out of an annual budget of just over $10 mil- manner, in my mind. They’re like our na- business or pleasure, can enter the country for lion, Uberuaga said Congress provides all but tional treasures.’’ up to ninety days without obtaining a visa. This courtesy has already been extended to about $1.9 million. BROADENING OPPORTUNITIES In contrast, the $2.25 million recreation United States citizens by the South Korean budget at Mount St. Helens is supported Were it not for a new system of collecting fees on public lands authorized by Congress government. Currently, twenty-seven countries roughly 50–50 by direct allocations from the are on the visa waiver list, ranging from Federal government and fees generated by in 1997, the Mount St. Helens recreation program would have run out of money long ago. France and Japan to Brunei and Slovenia. visitors. Even with that, the Gifford Pinchot The United States is home to over two mil- National Forest has had to jockey with other The Forest Service collected about $1.1 forests for a $400,000 boost from the Forest million in visitor fees for the volcano last lion people of Korean heritage. By placing Service’s regional office in Portland this year. Now, the agency is looking for more South Korea on the Visa Waiver Program list, year and last. help from private enterprise. we would make it easier friends and family the ‘‘It makes it very difficult on Mount St. In a 150-page prospectus issued last month, opportunity to visit our country and strengthen Helens to have a viable operation,’’ Uberuaga the Forest Service solicited proposals from relationships with their loved ones. Currently, if said. private businesses willing to pay the government to operate helicopter tours, mobile a friend or family member wants to visit some- For some, the proximity of Mount Rainier one in the U.S. they must apply for a visa at offers one tantalizing solution to the chronic food stands, RV sites, or other amenities funding woes at Mount St. Helens. around the erupting volcano. Forest Service the U.S. Embassy in Seoul, requiring travel to ‘‘I think the possibility of it being folded officials said the outreach may help to im- the capital city where the process often takes into the Park Service or redesignated as a prove the monument’s bottom line, but it up to two weeks to complete. For many family national park has never been greater,’’ said also would ‘‘broaden visitor opportunities’’ and friends the process is too expensive and Sean Smith, regional director of the Na- around Mount St. Helens. onerous to complete. Allowing the Republic of tional Parks Conservation Association in Se- ‘‘The government doesn’t run gift shops,’’ Korea into the waiver program will streamline said Steve Nelson, recreation planner for the attle. this process, granting our South Korean A NEW NATIONAL PARK? Gifford Pinchot. Uberuaga said Mount Rainier also has pri- friends the same opportunity to visit our coun- Mount Rainier and other national parks vate concessions, including two overnight try as people from our other allied nations. receive direct appropriations from Congress. Mount St. Helens, on the other hand, re- lodges, gift shops, a store for campers and Placing Korea on the visa waiver country list ceives its share of recreation funding only three services providing guided climbs to the would have a positive impact on our economy. after it filters through three distinct layers top of the 14,410-foot peak. He acknowledged, More than 626,000 Korean citizens visit the of administrative overhead from national however, that people generally expect a na- United States each year. According to the headquarters, through the regional office in tional park to have a limited range of com- U.S. Department of Commerce, overall tour- mercial opportunities. Portland, and, finally, through the Gifford ism dollars spent in the U.S. by tourists from Pinchot forest headquarters in Vancouver. ‘‘So there are no off-road vehicles at Mount Rainier, and yet on the forest there’s the Republic of Korea exceeded $1 billion in At each level, the monument must compete fiscal year 2004. Visitation and tourism dollars with other recreation programs operated by appropriate places for that,’’ he said. the Forest Service. Snowmobile tours are one of the potential are bound to grow if South Korea is allowed ‘‘That’s what the park service doesn’t opportunities suggested in the prospectus of- to be a part of the Visa Waiver Program. have,’’ said Cliff Ligons, monument manager fered by the Forest Service at Mount St. Hel- To curb any potential abuses, the South Ko- at Mount St. Helens for the past 5 years. ens. Uberuaga said he will be interested to rean government is taking aggressive steps to Ligons added that the Forest Service had see how the Forest Service strikes a balance comply with post 9/11 security requirements to ample money and resources to operate in the between new recreational opportunities while protecting the unique environment combat visa fraud. South Korea has already years after Congress established the 110,000- invested in state of the art technology and cur- acre monument in 1982. surrounding the most active volcano in the Times have changed since then, beginning Cascade Range. rently issues secure machine readable pass- with a precipitous decline in timber revenue ‘‘I think the Forest Service has a great op- ports with digitalized photographs that are dif- since the 1980s. Since the Forest Service portunity there to demonstrate their recre- ficult to counterfeit. By 2007, e-passports will opened the last of three visitor centers at ation and visitor experience,’’ he said. ‘‘They be introduced with biometric identifiers in com- Mount St. Helens in 1997, direct appropria- just need a little more funds to take some of pliance with International Civil Aviation Organi- tions for recreation have dwindled. the pressure off.’’ zation standards. ‘‘The money to fight wars and to fight ter- f Economically, militarily and politically, the rorism comes from someplace, especially U.S. and South Korean share a vision of free- when you cut taxes,’’ Ligons said. ‘‘Where do LEGISLATION TO MAKE SOUTH dom and democracy that has made our na- you think that’s coming from? It comes from KOREA A VISA WAIVER PRO- tions solid friends and allies. In recognition of government programs. Mount St. Helens is GRAM COUNTRY one of many areas in the Forest Service this friendship and our shared history, it is that’s currently struggling.’’ time to ease the restrictions Korean citizens Ted Stubblefield, who retired as Gifford HON. JAMES P. MORAN encounter when they attempt to visit our na- Pinchot forest supervisor in 1999, said Con- OF VIRGINIA tion, which has strong cultural ties to the peo- gress ought to establish a budget for na- IN THE HOUSE OF REPRESENTATIVES tional monuments such as Mount St. Helens ple of Korea. as they do for national parks. He said it Thursday, November 10, 2005 f made sense for the Forest Service to hang IN RECOGNITION OF ALL onto Mount St. Helens once the monument Mr. MORAN of Virginia. Mr. Speaker, the was established, partly because national Republic of Korea has long been a staunch VETERANS WHO HAVE SERVED parks tend to employ more people with high- ally and friend of the United States. In the last er salaries. few years, South Koreans have been one of HON. ADAM B. SCHIFF ‘‘Our guess is it would have been some- our strongest partners in the global war on ter- OF CALIFORNIA where between two to four times as expen- ror. They have shown their commitment by IN THE HOUSE OF REPRESENTATIVES sive to operate it,’’ he said. supporting continued operations in Afghani- Stubblefield and another former Gifford Thursday, November 10, 2005 Pinchot forest supervisor, Bob Tokarczyk, stan. In line with the U.S. and Great Britain, blasted members of Washington’s congres- South Korea committed the 3rd largest num- Mr. SCHIFF. Mr. Speaker, this week we sional delegation for failing to adequately ber of troops to support the efforts of our honor our Nation’s veterans—not just the fund the monument in a guest opinion piece Armed Forces in Iraq. Korea has also adopted thousands who have risked their lives in Iraq published by The Columbian on Oct. 28. Al- economic policies that have helped them be- and Afghanistan, but the millions more who though Stubblefield said the monument is come the world’s eleventh largest economy, over the years have answered the call to arms suffering from budgetary neglect, he doesn’t the United States’ seventh largest trading part- and served as a member of the United States believe the solution is to simply fold it into ner, and the fifth largest market for United Armed Forces. the National Park Service. Instead, he said the volcano should be States agricultural products. Since the founding of this Nation, Americans treated less like a wayside and more like In recognition of this steadfast friendship have battled courageously to protect the help- Mount Rainier, Liberty Island or Mount and unique relationship our nation has with less, defeat despots and spread the cause of Rushmore. the Republic of Korea, I am introducing legis- freedom to every corner of the globe. Most of

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.005 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2325 the men and women who served in World War Bade of the Burton Police Department, and The new Wetlands Learning Habitat, plus I are no longer with us. World War II, Korea Detective Diana Mills of the Mt. Morris Police the Council Headquarters and Gulf Coast and Vietnam veterans still walk among us Department will be honored as Police Officers Event and Conference Center will create and today, and we owe them the most heartfelt of the Year. John Greene and Marcie Mabry enhance opportunities for Girl Scouts through- gratitude. will be honored as Prosecutors of the Year. out Southwest Florida. The Girl Scouts of The torch was passed to a new generation The Sponsor of the Year Award will be pre- Gulfcoast Florida, with over 9,700 registered after the horrific terrorist attacks of September sented to the Ruth Mott Foundation. girls, continues to build character, courage 11, 2001. Since then, hundreds of thousands Mr. Speaker, I applaud these wonderful men and confidence in girls who will strive to make of young people have donned the uniform of and women for all they have done for others. the world a better place. a soldier, Marine, sailor or airman in our Glob- Through their actions, they ensure that our Having experienced scouting for twelve al War on Terrorism. They have chosen an children are able to enjoy healthy, productive, years, I well know the extraordinary opportuni- often arduous life not for fame or riches, but and safe lives, and I ask my colleagues in the ties offered to these girls, from camping in because they believe in America and her 109th Congress to please join me in recog- Florida’s beautiful State parks, to earning ideals. These great young people have em- nizing their heroic efforts. badges representing a plethora of skills and braced the challenge. From the dusty streets f knowledge acquired. Attaining the Eagle of Iraq to the jagged mountains of Afghani- Equivalent as a Girl Scout ‘‘First Class’’ was stan, they have done their duty with honor, CONGRATULATING SUE ANN SLAY an extremely meaningful achievement for me fighting for their country and each other. as a young woman. I have traveled overseas several times to HON. MICHAEL C. BURGESS In today’s world, I believe we would all do Iraq and Afghanistan to meet our military per- OF TEXAS well to reflect upon the Girl Scout Promise: sonnel and have witnessed them doing their IN THE HOUSE OF REPRESENTATIVES ‘‘On my honor, I will try: to serve God and my country, to help people at all times, and to live job magnificently; they fight voluntarily on our Thursday, November 10, 2005 behalf. I was awed by their courage, deter- by the Girl Scout Law . . . I will do my best mination and dedication as they combat a bru- Mr. BURGESS. Mr. Speaker, I rise today to to be honest and fair, friendly and helpful, con- tal enemy thousands of miles from home. congratulate Ms. Sue Ann Slay of Fort Worth, siderate and caring, courageous and strong, The times have changed, but the sacrifices Texas on completing the Redman Iron Dis- and responsible for what I say and do; and to have not. More than 2,000 U.S. service mem- tance Triathlon on September 24, 2005 in respect myself and others, respect authority, bers have been killed and over 16,000 have Oklahoma City. use resources wisely, make the world a better been wounded in Iraq and Afghanistan. Currently, only five Ironman Triathlons occur place, and be a sister to every Girl Scout.’’ We in Congress must honor our veterans every year in the United States. On Sep- f not just with words, but with deeds. The sur- tember 14, 2005 Mayor Mick Cornett of Okla- APPOINTMENT OF CONFEREES ON vivors of those who make the ultimate sac- homa City announced the first annual Redman H.R. 3199, USA PATRIOT AND rifice must be cared for in a manner that hon- Iron Distance Triathlon to be held at Lake Hef- TERRORISM PREVENTION REAU- ors their memory. Benefits and health care ner on September 24, 2005. The Redman THORIZATION ACT OF 2005 must remain readily available for service mem- Triathlon consisted of a 2.4-mile swim in the bers and their families—active duty, Reserve open waters of Lake Hefner, a 112-mile bike SPEECH OF or Guard. And those wounded warriors who ride, and a 26.2-mile marathon run. Nearly return home must be mended back to health, 125 people participated in this Iron distance HON. MARK UDALL in body and spirit. race. OF COLORADO In my district, I have convened a working The Redman Iron Distance Triathlon began IN THE HOUSE OF REPRESENTATIVES group to assist veterans in every possible at 7 a.m. on September 24, 2005. Ms. Slay Wednesday, November 9, 2005 way. The goal of this group is for communities crossed the finish line 16 hours, 36 minutes, Mr. UDALL of Colorado. Mr. Speaker, I am to create innovative and effective programs and 20 seconds later at 11:36 p.m. Many par- voting for this motion to instruct because I which show appreciation and offer financial, ticipants in triathlons battle cramps, fatigue, think it is absolutely necessary, although I do moral and physical support for veterans. heat, and humidity just to complete the 140.6- not think it is sufficient. The motion will instruct Over 25 million U.S. veterans live among us mile race. In order to prepare for these intense the House’s conferees to accept the provi- today. You may know one. Pause a moment conditions, Ms. Slay began training for the sions in the Senate version of the legislation and thank them for their service. They deserve race in 2003, getting up at 6:00 a.m. to run 7 that will establish four-year sunsets on three no less. days a week. things. f Today I congratulate Ms. Sue Ann Slay on These sunsets would apply to: competing and completing the Redman Iron (1) Section 215 of the PATRIOT Act, which RECOGNIZING CHILD ADVOCACY Distance Triathlon sponsored by Valir Health. allows the secret Foreign Intelligence Surveil- CENTER AWARDEES Ms. Slay’s dedication and commitment to fit- lance Court to issue orders for any tangible ness and her recent accomplishment is worthy thing—including business, library, and medical HON. DALE E. KILDEE of recognition. records—to anyone, as long as it is relevant to OF MICHIGAN f a terrorist investigation; IN THE HOUSE OF REPRESENTATIVES (2) Section 206 of the PATRIOT Act, which RECOGNIZING THE ACHIEVEMENTS Thursday, November 10, 2005 allows law enforcement officials to track a par- OF THE GIRL SCOUTS OF SOUTH- ticular suspect by tapping multiple communica- Mr. KILDEE. Mr. Speaker, I am pleased to WEST FLORIDA tion devices, as opposed to a single mode of stand before you today on behalf of one of my communication; and district’s premier human service organizations, HON. KATHERINE HARRIS (3) The so-called ‘‘Lone Wolf’’ Provision of the Child Advocacy Center of Genesee Coun- OF FLORIDA the Intelligence reform legislation, which al- ty. On Thursday, November 10, the Center will IN THE HOUSE OF REPRESENTATIVES lows the government to conduct surveillance hold its Inaugural Awards Dinner, where they Thursday, November 10, 2005 on ‘‘lone wolf’’ terrorist suspects, who are not will acknowledge several individuals who have connected with a foreign power or recognized shown tremendous courage, kindness, and Ms. HARRIS. Mr. Speaker, I rise today, as organization. selflessness through acts of goodwill toward a Girl Scout, First Class, to congratulate the One of the reasons I voted against the PA- our young people. Girl Scouts of Gulfcoast Florida on the recent TRIOT Act when it was first considered by the Polly Sheppard will have the distinction of opening of its new regional headquarters in House was my concern that the ‘‘sunset’’ being awarded the first Volunteer of the Year Sarasota, Florida. clauses were too generous, meaning that the Award. The Searcy S. Koen Regional Girl Scout provisions covered by those clauses would re- The cooperation between the CAC and the campus, located on 12-acres, designed main in effect too long without the need for Michigan Department of Human Services will around protected wetlands, focuses on con- Congressional reconsideration. That was also be shown, as Linda Crouch and Director serving energy and protecting our environ- a major reason I voted against H.R. 3199 ear- Denise Chambers will receive DHS Worker of ment. Notably, the facility is Sarasota County’s lier this year. the Year awards. The CAC will recognize its second project certified for Leadership in Envi- So, I definitely agree that the conferees friends in law enforcement, as Detective Matt ronmentally Engineered Design. should accept the Senate bill’s shorter sunset

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.008 E10NOPT1 E2326 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 periods for these three provisions. However, I ment’s fiscal year 2006 appropriations bill—an The story of this country’s longest war can think it would be even better for the conferees amendment that the House approved earlier be told briefly. Nine years after the Japanese to go further. this year by a vote of 238 to 187. Army was ejected from Viet Nam at the end of WWII, the French lost a huge battle In particular, I think the conference report Mr. Speaker, when the House debated this against the communists and Viet Nam be- should include provisions along the lines of bill earlier this year, I said that my reaction to came two countries with a communist gov- the bipartisan reform measure, known as the it was similar to the one I had to the original ernment in the North and republican govern- Security and Freedom Ensured (SAFE) Act of ‘‘PATRIOT Act’’ legislation 4 years ago. As I ment in the South. There was a time period 2005 (H.R. 1526), of which I am a cosponsor. did then, I strongly support combating ter- in which citizens could decide in which coun- That bill would amend the PATRIOT Act to rorism, here at home as well as abroad. But try they would live. Not surprisingly, an modify provisions regarding roving wiretaps I continue to think that it is essential that we overwhelming majority emigrated to the South, while virtually no one emigrated to under the Foreign Intelligence Surveillance Act remember and respect the constitutional rights the North. of 1978 (FISA) to require that: of law-abiding Americans as we wage war At once, the communist government under (1) an order approving an electronic surveil- against those who would destroy both our the sponsorship of the Soviet Union began a lance specify either the identity of the target, Constitution and our country. In fact, I think guerilla war. As the new democracy began to or the place to be wiretapped; and that if we don’t do that we will lose much of totter under the terrorism, President Ken- (2) surveillance be conducted only when the what we are seeking to defend. nedy decided to give it military aid against suspect is present at the place to be wire- I voted against the bill as it came to the the fear that communism could spread throughout all of Indo China. tapped. House floor because I concluded that it did not It was a near thing in the beginning and as It also would revise the PATRIOT Act’s pro- strike the right balance, and should not be- American soldiers arrived to advise and visions governing search warrants to— come law in its present form. But I am hopeful train, the escalation of the guerilla war con- (1) Limit the authority to delay notice of the that the bill will be further improved and the tinued. By the summer of 1965, President issuance of such a search warrant to cir- conferees will produce a revised version that Johnson sent the 3rd Marine Amphibious cumstances where providing immediate notice deserves the support of all Members of Con- Force to keep the critical city of Da Nang from falling. We had been trained for grand of the warrant will endanger the life or physical gress. safety of an individual, result in flight from amphibious assaults in the Pacific and great f land battles in central Europe. Although we prosecution or the intimidation of a potential as Americans had a legacy from our own witness, or result in the destruction of or tam- COMMENTS FROM A USMC Revolution, we scarcely remembered how to pering with the evidence sought under the VETERAN fight a guerilla war and it was painful to warrant; and learn it again. (2) Require such delayed notification to be HON. MARK E. SOUDER Still, the Communist soldiers kept invad- issued within seven days (instead of a ‘‘rea- ing from the North, and always the men who OF INDIANA sonable period’’), with extensions by the court died along side me seemed the least the IN THE HOUSE OF REPRESENTATIVES United States could afford to lose. Besides for additional periods of up to 21 calendar being courageous, they always seemed to be days each time that the court finds reasonable Thursday, November 10, 2005 the Eagle Scouts, the valedictorians and cause to believe that notice of the execution of Mr. SOUDER. Mr. Speaker, I would like to class presidents. Two thirds of them were the warrant would have such consequences. It submit comments of USMC veteran, Barry volunteers, the very opposite of WW II. An opposite type fled to Canada to evade also would require the Attorney General, on a Yeakle, about the Vietnam war, delivered at semiannual basis, to transmit to Congress and the draft. Though non-combat service was of- the Whitley County Veterans Observance in fered them, others cleverly transferred from make public a report concerning all requests Columbia City, Indiana, on November 6, 2005, college to college to evade service. Each for delays of notice and for extensions of such for the RECORD. time, someone else had to serve in their delays. Try and picture this: I am a green 19-year- place. Some tell me that these actions were The SAFE bill also would amend FISA to re- old, just off the boat from Indiana. I’m 9,000 consistent with their honour, but they don’t quire, with respect to access by the Federal miles away in Viet Nam. A delegation of Vi- look me in the eye when they say it. Inter- Bureau of Investigation to business records for etnamese peasants approaches me. Their ap- estingly, when the draft ended, all campus foreign intelligence and international terrorism pointed spokesman steps forward and very objection to the war seemed to end with it. By the end of 1967, we had thousands of investigations, that there be specific and formally gives me to understand by an amazing mixture of Vietnamese, French, English troops in Viet Nam and had brought the articulable facts giving reason to believe that enemy to certain defeat. In a desperate gam- the person to whom the records pertain is a and even Japanese (but mostly by waving his arms about wildly) that they have heard bit, they broke a truce they’d requested foreign power or agent. that the United States intends to send a man themselves and launched assaults all over It would specify that libraries will not be to the moon. They are incredulous. To make South Viet Nam. In this the Tet Offensive, treated as wire or electronic communication sure I understand which moon they mean, they suffered one of the most lop-sided de- feats in modern history; but an impatient service providers under provisions granting they keep tugging at my sleeve and pointing television newsman named Walter Cronkite, counterintelligence access to provider sub- to it. who didn’t understand the imprudence of the Looking back, what amazes me most is the scriber information, toll billing records informa- communist’s desperation, reported it other- matter-of-fact way I answered him: Sure, ab- tion, or electronic communication transactional wise. He influenced many Americans. Those solutely, we’re going to do it. I had never records. of us in the field were horrified that all the doubted it. That story illustrates the times. And it would redefine ‘‘domestic terrorism’’ sacrifice we’d witnessed could be wasted if We were idealistic and maybe a little naı¨ve. to mean only activities that involve acts dan- the country turned against the war. We believed in our country and it wasn’t A famous American actress went to the gerous to human life and that constitute a hard to convince those peasants that they Federal crime of terrorism. enemy capital. She wore their insignia. As could believe in us as well. Is it any wonder the photographers clicked away, she pre- The broad support for such changes in the that they believed we could protect them tended to sight-in an anti-aircraft gun, a gun Patriot Act is shown by the fact that the SAFE from communism? that had but one purpose: to shoot down bill is cosponsored by many Members from When I was fourteen, this country elected American warplanes. Little was made of her both sides of the aisle. It is also shown by the its youngest-ever President. He was very treason; she went on to become an even big- fact that over the last four years more than charismatic and taking office, this is what ger star. This apathy of the American people he said: ‘‘Let every nation know, whether it was very hurtful to the returning service- 300 communities and seven States, including wishes us well or ill, that we shall pay any Colorado—governments representing over 62 men. And it got worse. There is a decorated price, bear any burden, meet any hardship, man in this room who was abused when he million people—have passed resolutions op- support any friend, oppose any foe, in order got off the airplane in California. His experi- posing parts of the PATRIOT Act. to assure the survival and success of lib- ence was not unique. Much of that public concern—a concern I erty.’’ A new President, known to be tough on share—has focused on the possible effects on It was an amazing promise; looking back, communism, Nixon, was elected and the war the privacy of patrons and customers from the perhaps a foolish or impossible one, but the went into a sort of stalemate. An accord was application of section 215 of the ‘‘PATRIOT cold war was a great reality in our lives and reached with the communists that made it his message was heard in the Soviet and Chi- Act’’ to libraries and bookstores. I think the possible for the American troops to leave. nese empires. It was also heard by my gen- Our faithful allies were promised that we conference report should include restrictions eration, many of whom were sons and daugh- would respond if the country were to have its on the application of section 215 similar to ters of the men who’d won World War II. We sovereignty threatened. When that did in- those that would have been imposed by the believed that what he said was possible. We deed happen, still another President, Ford, Sanders amendment to the Justice Depart- believed it was our duty. did nothing. South Viet Nam, our ally, fell.

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.012 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2327 Though American arms had lost only one TRIBUTE TO DR. JAMES RECKNER CONFERENCE REPORT ON H.R. 2419, battle, the war itself was lost. Nearly all of ENERGY AND WATER DEVELOP- us were home by that terrible day in 1975. MENT APPROPRIATIONS ACT, Choked with emotion, I ran to my church for HON. RANDY NEUGEBAUER 2006 comfort and found it empty and locked. I re- OF TEXAS alized I would have to keep my sorrow to IN THE HOUSE OF REPRESENTATIVES SPEECH OF myself for years to come and that is exactly what happened. Thursday, November 10, 2005 HON. JO ANN DAVIS OF VIRGINIA Over 58,000 American men and women— Mr. NEUGEBAUER. Mr. Speaker, it is with IN THE HOUSE OF REPRESENTATIVES more people than live in Whitley County— great honor that I rise today to pay tribute to died. Thousands more have died since from Wednesday, November 9, 2005 Dr. James Reckner, Director of the Vietnam causes born in the war. Our friends from Aus- Center at Texas Tech University. Mrs. JO ANN DAVIS of Virginia. Mr. Speak- tralia, South Korea, Thailand and the Phil- er, I want to express my sincere concern with ippines lost over 6,000 more, and the Army of Dr. Reckner, a combat veteran who served South Viet Nam’s losses were nearly a quar- two tours in Vietnam, is a dedicated historian the funding level for nuclear physics programs ter of a million. Future generations will ask who has created an internationally renowned in the Energy and Water Appropriations Act to what avail, since Viet Nam became one program dedicated to all aspects of the Viet- Conference Report for FY2006. more brutal communist dictatorship. Here is nam War. The main focus at the Vietnam While the Office of Science does receive an the answer I like: There are some who say Center has been the Virtual Vietnam Archive. increase of $32.8 million over the fiscal year that Viet Nam made WW III unnecessary. Second only to the U.S. National Archives, 2005 level, the nuclear physics programs are That so many brave men could stand so firm- Texas Tech University is home to one of the actually cut 8.4 percent below fiscal year 2005 ly against a bully 9,000 miles away deeply levels. The Jefferson Lab in my district in impressed that bully. most complete collections of artifacts related to America’s involvement in Southeast Asia. Newport News, VA, is one of the basic research labs that would be negatively impacted Dr. Reckner’s vision began in 1989 when he f by this funding level. asked his freshman history class to name a Just last month the National Academy of CONGRATULATING DOUGLAS M. general from the Vietnam War. He was Sciences issued a report titled ‘‘Rising Above WAGONER, SR., ON HIS RETIRE- amazed to discover that only 1 student out of the Gathering Storm.’’ That report underscored MENT 100 knew the name of General William C. that the nation’s economic health is seriously Westmoreland, the commander of American at risk without a sustained investment in military operations during the Vietnam War. science. The report noted that in Germany, 36 HON. TOM DAVIS As a result, Dr. Reckner organized a meet- percent of undergraduates receive their de- ing with a group of West Texas veterans to OF VIRGINIA grees in science and engineering. In China the talk about what steps could be taken to pre- figure is 59 percent, and in Japan 66 percent. IN THE HOUSE OF REPRESENTATIVES serve the stories, information, and lessons In the United States the corresponding figure from the Vietnam conflict and pass them on to Thursday, November 10, 2005 is 32 percent. It seems to me that this is a future generations. It was then that the Texas time the nation needs to invest in science, not Tech Vietnam Center was born. Mr. TOM DAVIS of Virginia. Mr. Speaker, I cut science programs. rise today to honor Mr. Douglas M. Wagoner, For 15 years, dedicated veterans, scholars Mr. Speaker, no Member is more concerned Sr., on the occasion of his retirement after 40 and students have been collecting and pre- about trimming our budget than I am, but we years of service to the Northern Virginia com- serving materials relating to the American cannot afford to cut programs like nuclear munity and to our Nation. Vietnam experience. The Virtual Vietnam Ar- physics, that are the key to our country’s suc- chive now contains more than 2 million pages cess, both now and in the future. I wish to Mr. Wagoner began his business, Wagoner of material. Earlier this year, James Harton, a state for the record that I am extremely dis- Welding Supply, 40 years ago. The company Rating Specialist with the U.S. Department of appointed with the cuts to nuclear physics pro- has been integral in servicing the growing con- Veterans Affairs sent a letter to U.S. Rep- grams, and I will continue to work vigilantly in struction needs of the Northern Virginia area. resentative STEVEN BUYER, Chairman of the the future for this critical funding. Wagoner Welding Supply has held a promi- House Committee on Veterans’ Affairs, out- f nent role and an outstanding service record in lining the successes of the archive. Mr. Harton the construction community as it has serviced wrote, ‘‘Because of the documents provided NATURAL RESOURCE PROTECTION many of the area company’s welding needs by Texas Tech, I am often able to resolve a COOPERATIVE AGREEMENT ACT and has had a working relationship with most veteran’s claim within fifteen minutes as op- of the construction companies in the area. posed to the request sent to the HON. JON C. PORTER Wagoner Welding Supply has also served the USASCURR.’’ Often times requests sent to OF NEVADA White House Engineering office for 35 years the U.S. Armed Services Center for Unit IN THE HOUSE OF REPRESENTATIVES and has been recognized for outstanding serv- Record Research take 6 to 12 months for a Thursday, November 10, 2005 reply. With the help of Texas Tech’s virtual ar- ice. The White House Engineers are respon- Mr. PORTER. Mr. Speaker, protecting our chive, Mr. Harton has been able to resolve sible for the upkeep of the residence and Ex- Nation’s natural resources is one of the great- over 500 veteran’s claims in the past four ecutive Office Buildings, and demand nothing est gifts that we can give to future genera- years. short of outstanding service which Mr. Wag- tions. When one thinks of our national re- oner’s company has provided for over three America’s men and women in the military sources, images of Yellowstone National Park, decades. Servicing the White House entails give their time, and in many cases life and Lake Mead National Recreation Area, or the being on call 24 hours a day, 7 days a week, limb, to serve our country. Dr. Reckner served Grand Canyon National Park often come to and Wagoner Welding Supply has always an- his country admirably during the Vietnam War. mind. However, in recent years, these areas swered that call. Today, he continues to serve this country and have all experienced the devastating effects of the memory of a significant time in American As a long time resident of Alexandria, Vir- invasive plant species such as salt cedar, or history. Thanks to his efforts, the Vietnam ginia, Mr. Wagoner has made time to service tamarisk. Center at Texas Tech University will assist fu- his community by belonging to organizations This is why I rise today to announce the in- ture generations in remembering the Vietnam troduction of the Natural Resource Protection such as the Chamber of Commerce, Alexan- experience. dria Art League, and the Knights of Columbus. Cooperative Agreement Act. It is our duty to ensure that our children and Now in retirement, Mr. Wagoner will certainly Invasive plant species know no boundaries. grandchildren never forget our country’s finest According to the Department of the Interior, look forward to some additional leisure time heroes and always know of their sacrifices. the National Park Service currently manages and spending time with his granddaughters Their sacrifices and those of our military fami- 388 units, comprised of 84.4 million acres of Lydia and Madeline. lies serve as freedom’s foundation. Without land throughout the United States. Of these Mr. Speaker, in closing, I ask my colleagues the brave efforts of all the soldiers, sailors, air- units, 196 have been cited as having ‘‘serious to join me in congratulating Douglas M. Wag- men, and marines and their families, our coun- problems’’ due to invasive plant species. oner, Sr., and wishing him the best of luck in try would not stand so boldly, shine so bright- Today, I am introducing the Natural Re- all future endeavors. ly, and live so freely. source Protection Cooperative Agreement Act.

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.016 E10NOPT1 E2328 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 The purpose of this bill is to allow the National search and relate the story of the Anglo-Amer- League Awards and personal awards, during Park Service to enter into cooperative agree- ican contributions to Costa Rica from the pe- his time in Denton. ments with State, local, educational, and Tribal riod of Independence, 1824, to the end of that Mr. Conduff earned his B.S. in civil engi- experts to restore and protect these lands century, entitled Imported Spices. Gordon neering at the University of New Hampshire, from the effects of invasive plant species. The served as the Public Affairs Attache´ at the graduating Cum Laude. His M.B.A. is from goal of this legislation is to allow the National Embassy. Gordon’s last overseas assignment Pittsburg State University. He is also a charter Park Service to work with those who are best was as an advisor to the U.S. military in north- graduate of the Carver Policy Governance  able to remove these species before they ern Iraq to establish a safe zone for the Kurds Academy in Atlanta, Georgia, and serves on enter federal units, putting the National Park in 1991. the Board of Directors and as Secretary of the Service into a better position to preserve our Having received two Superior Service Med- International Policy Governance  Association. native species. als during his 35 years of government service, Prior to assuming the City Manager’s position Thank you, Mr. Speaker, for allowing me to Gordon retired in 1993. Upon retirement, Gor- in Denton, Mr. Conduff was a nine-year City speak on this important bill. don and Anita were asked to take on the man- Manager of Bryan, Texas. Before he came to f agement of the Virginia-based organization as Texas, Mike served as City Manager in Man- President and Executive Secretary, which they hattan, Kansas, home of Kansas State Univer- HONORING GORDON AND ANITA have continued to administer to the present sity, for five years. He also served as City MURCHIE FOR THEIR CONTRIBU- day. In recognition of their contributions to the Manager of Pittsburg, Kansas, home of Pitts- TIONS TO THE WINE INDUSTRY growth of the Virginia wine industry, Gordon burg State University, for five and a half years. was presented the first Association’s Lifetime Prior to his city managerial roles, Mr. Conduff HON. GEORGE RADANOVICH Achievement Award. Gordon is also credited was City Engineer for Pittsburg. OF CALIFORNIA with promoting a renewed public interest in the I am honored to today to recognize the ex- IN THE HOUSE OF REPRESENTATIVES evolution of viticulture and enology in America, ceptional service of Mr. Michael A. Conduff as Thursday, November 10, 2005 from 1607 Jamestown to the present day. For Denton City Manager. His leadership and the past 9 years, he has served as the wine dedication to the improvement and develop- Mr. RADANOVICH. Mr. Speaker, it is a consultant to George Washington’s Mount ment of Denton, Texas deserves the highest pleasure for me today to pay tribute to two Vernon, which conducts annual wine and his- thanks and recognition. Michael, his wife, and very good friends and fellow Californians, Gor- tory events. grandchildren have my best wishes and pray- don and Anita Murchie. On the 14th of August, The Murchies remain active participants in ers for the future. 1955, in the midst of family and friends, Gor- the support of the growth and development of f don and Anita were married in the Pres- the U.S. wine industry, as a whole, with par- byterian Church in Santa Barbara. Both had ticular attention to the rapid growth of the wine CONFERENCE REPORT ON H.R. 2419, attended college at University of California at industry in the Commonwealth of Virginia. As ENERGY AND WATER DEVELOP- Santa Barbara. As a lifelong ambition, Gordon a team, the Murchies are well known in the MENT APPROPRIATIONS ACT, wanted to join the U.S. Diplomatic Service; American wine industry, on Capitol Hill, and in 2006 thus, when a recruiter from the US. Informa- a number of foreign communities abroad. As SPEECH OF tion Agency arrived on the University of South- Gordon says of their partnership through life, ern California’s campus where Gordon was at- he would never have been able to realize his HON. MARK UDALL tending graduate school, Gordon was one of career dreams if it had not been for the OF COLORADO the first to be interviewed. Following a quick above-and-beyond-the-call-of-duty support of IN THE HOUSE OF REPRESENTATIVES trip to Washington, D.C. to take the language Anita. Wednesday, November 9, 2005 and written exam for USIA, he subsequently As Co-Chairman of the Congressional Wine was offered a Foreign Service appointment. Caucus, I wish to commend and recognize the Mr. UDALL of Colorado. Mr. Speaker, the The Murchies moved to Washington, D.C., contributions of the Murchies for their lifelong House-passed version of the legislation, this in early 1958 as new members of that year’s work in promoting the American way of life conference report is not perfect. But it is not junior Foreign Service family. Before year’s and the democratic principles of our Nation. I so bad as to require opposition, and does pro- end, Gordon and Anita began their long string wish them continued health and happiness vide funding for many important purposes. of Foreign Service postings, first in the Phil- and success in their endeavors as American Therefore, I will vote for it. ippines, then Indonesia, and on to Thailand, ambassadors in an increasingly challenging The conference report includes a number of where they spent the next 9 years equally di- world. items of particular importance to Colorado. vided between Udorn, in the northeast of the f In particular, I am very pleased that it in- country, and Bangkok, the capital city. cludes funding for the final stages of work Having learned the Thai language up-coun- HONORING MICHAEL A. CONDUFF, connected with the cleanup of Rocky Flats. try, they both have served as interpreters, DENTON CITY MANAGER Once home to a nuclear weapons factory, Gordon for President Johnson and Vice Presi- Rocky Flats is located just 15 miles from dent Humphrey, and Anita for Lady Bird John- HON. MICHAEL C. BURGESS downtown Denver. At one time it was the loca- son, Mrs. Joan Kennedy, Mrs. Stan Getz, and OF TEXAS tion of large quantities of nuclear materials other American political and cultural represent- IN THE HOUSE OF REPRESENTATIVES and other hazardous substances—and be- atives visiting Thailand. For his service to cause of its proximity to our state’s major met- Thailand, he was awarded the Royal Order of Thursday, November 10, 2005 ropolitan area, timely and effective cleanup the White Elephant medal by the King. Mr. BURGESS. Mr. Speaker, I rise today to and closure of the site has been a matter of Returning to the U.S. in late 1969, Gordon recognize Mr. Michael A. Conduff, retiring City top priority for all Coloradans. attended, on government assignment, the Manager of Denton, Texas, for his outstanding Just last month, the overall contractor for Fletcher School of Law and Diplomacy in Mas- service to the local community for the past the cleanup, Kaiser-Hill, announced that their sachusetts where he earned a Master’s De- four and a half years. work was done. The Department of Energy gree in International Law and Public Diplo- Since Mr. Conduff assumed the duties as must still confirm that, and there still must be macy. Returning to Washington, D.C., the Denton’s City Manager on May 14, 2001, the a formal decision by state and federal regu- Murchies, now with two young children, re- City was able to accomplish many goals in- lators. But those who knew Rocky Flats as it sided in the Alexandria area of northern Vir- cluding the completion of the Downtown im- was can hardly recognize the site as it is ginia and Anita was completing her Bachelor’s provements, implementation of computer today. Degree in Anthropology. aided dispatch in the police department, and The cleanup of Rocky Flats is a major With things heating up in Central America, the opening of the North Branch Library and achievement for which we can all be proud. I the Murchies were reassigned to the U.S. Em- the Water Works Park. Mr. Conduff was also want to especially note the efforts of the work- bassy in San Jose´, Costa Rica, for the next 4 implemental in multiple economic development ers and their dedication not only the security years. Again, working as a team, they im- projects including Denton Crossing, Pres- of this country, but their dedication to per- mersed themselves in the Costa Rican com- byterian Hospital of Denton, improvements to forming a safe and extensive demolition and munity and the political, economic and cultural Denton Regional Medical Center, and Peterbilt decommissioning. issues of the region. While there, Anita au- expansion. Additionally, Mr. Conduff has won This was very complicated and difficult work thored the only book to comprehensively re- over 130 awards, including 3 Texas Municipal involving dangerous and toxic materials. The

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.020 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2329 fact that it was done decades ahead of pre- worked for years to increase—or at a min- against United States judges, federal law en- dictions and at a cost vastly less than ex- imum, hold steady—funding for DOE’s renew- forcement officers and federally funded public pected is a testament to all those involved, able energy and energy efficiency research safety officers. and I think we have an obligation to make and development programs. Also included in this bill is an important pro- sure that workers’ benefits are carried forward Given the finite supply and high prices of vision from legislation I authored, H.R. 3833— and that they are properly compensated for fossil fuels and increasing global demand, in- the National Guard Emergency Protection Act, work-related health problems. vesting in clean energy is more important than which increases federal protection to our Na- Getting to this day has been long and dif- ever. DOE’s renewable energy programs are tional Guardsmen. ficult. But the Colorado congressional delega- vital to our Nation’s interests, helping provide This measure was offered as a result of as- tion worked hand-in-glove with the local com- strategies and tools to address the environ- saults against members of the National Guard munities, DOE, and the contractors to work mental challenges we will face in the coming while they were engaged in rescue and law through the obstacles and I think lessons decades. These programs are also helping to enforcement operations in New Orleans fol- learned at Rocky Flats can be applied to the reduce our reliance on oil imports, thereby lowing Hurricane Katrina. Unfortunately, I cleanup challenges at other nuclear-weapons strengthening our national security, and also found that our National Guardsmen are not sites. creating hundreds of new domestic busi- protected by federal law if they are assaulted I look forward to the next major chapter— nesses, supporting thousands of American or killed in the line of duty while serving States transfer of most of the Rocky Flats site to the jobs, and opening new international markets during Presidentially declared disasters and Interior Department for management as a Na- for American goods and services. emergencies. My bill, now included in the Se- tional Wildlife Refuge. But getting that chapter But for our investment in these technologies cure Access to Justice and Court Protection properly written will require some additional to payoff, our efforts must be sustained over Act, extends the same penalties to those who steps, notably including the acquisition of min- the long term. This conference report does not attack both federal and non-federalized mem- eral rights at Rocky Flats that are now in non- do that. bers of the Armed Services. Federal ownership. Though some of the renewable energy ac- I would like to thank Chairman SENSEN- To facilitate that acquisition, I have intro- counts are increased from FY05 levels, it is an BRENNER and his staff for working with me to duced legislation (H.R. 4181) to authorize illusion. The EERE accounts are earmarked ensure that our National Guardsmen have the DOE to expend funds to acquire some or all so heavily that there is little left of the core further support of the Federal Government. of the minerals, including $10 million from its programs. appropriation for fiscal year 2006. The bill also While the biomass line is up slightly from f provides that DOE’s expenditure of $10 million FY05, fully 53 percent of the FY06 funds are for that purpose (or, under certain cir- TRIBUTE TO PHILIP MCGOLDRICK cumstances, an appropriate payment to speci- earmarked. Wind is slightly reduced from fied Federal and State officials for acquisition FY05 levels, but this is after repeated cuts— 11 percent in just three years. Factoring in HON. JIM MARSHALL of Rocky Flats minerals or for habitat restora- OF GEORGIA tion at Rocky Flats) will satisfy certain claims earmarks makes the situation even worse. IN THE HOUSE OF REPRESENTATIVES the State of Colorado might bring for natural The bill earmarks fully a third of the funds ap- resources damages resulting from past dis- propriated for wind energy for Member Thursday, November 10, 2005 projects. Solar energy funding is down from charges of hazardous substances at or from Mr. MARSHALL. Mr. Speaker, I rise today FY05 levels, and also earmarked—17 percent Rocky Flats). to honor Philip McGoldrick, of Macon, Geor- of the total goes to Member projects. The bill also would give the Interior Depart- gia, for his efforts on behalf of Middle Geor- I am concerned that year by year, DOE’s re- ment two additional methods (either instead of gia’s children and for his long record of com- newable energy and energy efficiency pro- or in addition to purchase for cash) for community service and activism. grams seem to be losing—through gradual pleting such acquisitions—namely: by giving In September, for its successful efforts to cuts, shifts of more EERE dollars to hydrogen ‘‘credits’’ that could be used instead of cash to bring the joy of Christmas to underprivileged and fuel cells and out of core renewables pay for oil and gas leases on the Outer Conti- children in Middle Georgia, the Marine Toys technologies, and earmarks. nental Shelf; and/or by allowing federal lands for Tots Foundation recognized Macon’s Toys These cuts will only increase U.S. vulner- or minerals anywhere in the country to be ex- for Tots campaign as the 2004 Local Commu- ability to energy supply disruptions, worsen changed for the Rocky Flats minerals (under nity Organization of the year. With 481 local fuel price volatility, and cause higher energy current law, such exchanges can only occur community campaigns nationwide, this is a prices overall unnecessarily, and are espe- within the same state—Colorado lands/min- tremendous achievement and a great honor cially ill-advised at a time when the need for erals for other Colorado lands/minerals). for Middle Georgia. As the coordinator for Other parts of the conference report are a secure, domestic energy supply is so cru- Macon’s Toys for Tots campaign, Philip also also important for Colorado, including the cial. received a commendation from the United funding for several Bureau of Reclamation So, Mr. Speaker, while I regret that they States Marine Corps for his exemplary admin- projects in our State, including the Colorado- could not adequately address all our needs, in istration, his tireless dedication, and his com- Big Thompson and the Fryingpan-Arkansas Colorado or elsewhere, I appreciate what the mitment to helping children in need. projects as well as the ongoing construction of conferees have done and urge the House to When I learned of the devastation wrought the Animas-La Plata project. pass this important conference report. by Hurricane Katrina in Louisiana, Mississippi Similarly, the conference report provides f needed funds for operation and maintenance and Alabama, and seeing first hand the na- of a number of reservoirs operated by the SECURE ACCESS TO JUSTICE AND tionwide outpouring of support and assistance, Army’s Corps of Engineers as well as for other COURT PROTECTION ACT OF 2005 it really struck home for me exactly how much Corps activities in Colorado, including aquatic a small number of caring people—or even one restoration work involving Goose Creek and SPEECH OF dedicated volunteer—can do to reduce hard- Lower Boulder Creek. HON. JOHN L. MICA ship and suffering. In Middle Georgia, we are I am very glad to note that the bill will pro- extremely lucky to have many kind souls will- OF FLORIDA vide funds for completing construction of the ing to help and support those less fortunate IN THE HOUSE OF REPRESENTATIVES new science and technology facility at the Na- than themselves. tional Renewable Energy Laboratory. Wednesday, November 9, 2005 Mr. Speaker, one of Middle Georgia’s I find it highly ironic, however, that the new The House in Committee of the Whole kindest, most caring souls is Philip NREL facility comes at the expense of the House on the state of the Union had under McGoldrick, and I am proud to call him my very renewable energy research and develop- consideration the bill (H.R. 1751) to amend friend. Philip’s recent success with Toys for ment programs that would be conducted within title 18, United States Code, to protect Tots is not an isolated event. He is active in it. It’s conceivable that we’ll have new build- judges, prosecutors, witnesses, victims, and all manner of civic organizations which do tre- ings but nothing to fill them with—no scientists their family members, and for other pur- mendous good for the Middle Georgia Com- or other NREL personnel, since many of them poses: munity. Philip is a charter member of will lose their jobs due to deep cuts in pro- Mr. MICA. Mr. Chairman, I am pleased to CrimeStoppers and the chairman of the gram funding. speak in support of the Secure Access to Jus- Macon Sports Hall of Fame, and he founded As co-chair of the Renewable Energy and tice and Court Protection Act, legislation which Macon Youth Day, just to name a few of the Energy Efficiency Caucus in the House, I have strengthens criminal penalties for crimes many hats he wears.

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.024 E10NOPT1 E2330 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 In response to his recent commendation, Melissa Mary Kelly, Class of 1998, was an Jack C. Smith returned to his hometown of Philip’s modest reaction was typical. ‘‘I do this outstanding basketball and softball player. Her Grundy, Virginia, in 1954 after graduating from because I love it, not to win an award,’’ Philip athletic accomplishments resulted in her being the U.S. Naval Academy in Annapolis, Mary- told the Macon Telegraph’s Ed Grisamore. named to the first team Suburban One League land, and serving in the U.S. Navy for 10 ‘‘This is really Macon’s award.’’ all three years, while also leading the basket- years. While standing in a lengthy line at Mr. Speaker, community leaders like Philip ball team in scoring and assists. Ms. Kelly Grundy’s only grocery store, Jack Smith de- McGoldrick are a real treasure for a city like also won all-league honors for her athletic tal- cided that his hometown needed a larger, Macon. Already, Philip is working on ways to ent in softball all three years. more convenient supermarket with an empha- help this year’s Toys for Tots annual drive Mr. Speaker, it is an honor to rise today to sis on customer service. Earl Smith, Jack’s bring Santa to every child in Macon, but he recognize these remarkable and talented men uncle, Ernest Smith, Jack’s cousin, and Curtis hasn’t forgotten the critical need to bring and women who have all excelled in their re- Smith, Jack’s father, shared the vision that Santa to the children left devastated by Hurri- spective sports and have made a positive im- Jack could meet this need. These four local cane Katrina. I can only wish that other cities pact on their school and community. businessmen formed a partnership and began each have at least one Philip McGoldrick to f work with the Piggly Wiggly Corporation to lead, organize and motivate civic organiza- construct a new, state-of-the-art grocery store, RECOGNITION OF INTERNATIONAL tions. Truly, the ‘‘gold’’ in the Philip’s surname and on November 17, 1955, Jack Smith and DAY OF PRAYER FOR THE PER- must reference his heart, for it is made of pure his partners opened the Piggly Wiggly super- SECUTED CHURCH gold. market in the town of Grundy. f After experiencing great success with his HON. PATRICK T. McHENRY Grundy store, Jack Smith acquired grocery HONORING THE NORRISTOWN OF NORTH CAROLINA stores in eastern Kentucky, southwest Virginia, AREA HIGH SCHOOL HALL OF IN THE HOUSE OF REPRESENTATIVES and east Tennessee from grocery chains such CHAMPIONS INDUCTEES Thursday, November 10, 2005 as White Stores, Food City, Winn Dixie, and Piggly Wiggly. Retaining the Food City name, Mr. MCHENRY. Mr. Speaker, in recognition Smith remodeled and modernized the stores, HON. JIM GERLACH of the International Day of Prayer for the Per- adding features such as wide aisles, larger se- OF PENNSYLVANIA secuted Church on November 13, 2005, I lection of products and computerized check- IN THE HOUSE OF REPRESENTATIVES commend Burke Community Bible Church and out systems, designed to provide the cus- Thursday, November 10, 2005 Pastor David Doster, New Day Christian tomers greater accessibility to the products Church and Pastor George Logan, and First Mr. GERLACH. Mr. Speaker, I rise today to and to facilitate an easier shopping experi- Hmong Baptist Church and Pastor Nhia Yee honor five distinguished men and women on ence. Smith soon created K–VA–T Food Her for gathering in worship and prayer on be- the occasion of their induction into the Norris- Stores, Inc., as the organization under which half of Christians around the world who are town Area High School Hall of Champions As- his supermarkets would operate. K–VA–T is persecuted for their faith. sociation. an acronym for Kentucky, Virginia, and Ten- Hebrews 13:3 says, ‘‘Remember them that The Norristown Area High School Hall of nessee, the States in which his grocery stores are in bonds, as bound with them; and them Champions Association was established in are located. which suffer adversity, as being yourselves 1977 to honor and commemorate the athletic The work begun 50 years ago by Jack C. also in the body.’’ This day of prayer is an op- accomplishments of distinguished alumni of Smith has borne fruit. Today K–VA–T Food portunity to live that verse, and to remember the Norristown Area High School. Stores, Inc., operates nearly 100 Food City that prayer changes things. Today we place a The 2005 Annual Hall of Champions Induct- stores. K–VA–T has grown to become the special focus on their situation, and we need ees will be John Sewell III; Willie A. Suber, largest employer in the Tri-Cities region of to continue to remember and pray for those posthumously; Robert V. Mitchell; Angela Tennessee and Virginia and the fifth largest being persecuted, those involved in the perse- Henry Lee; and Melissa Mary Kelly. employer in the Commonwealth of Virginia. cution, and those that choose to ignore it. John Sewell III, Class of 1954, was a foot- Despite its development as a large retail gro- With over 100,000 United States churches ball and track and field standout for three cery chain, the headquarters of K–VA–T as representing nearly every denomination taking years in high school and won the District One well as its distribution facility remain in south- part in this day of remembrance and prayer, I shot put title with a distance of 49 feet, 113⁄4 west Virginia near the location of its first su- urge the country to remember those believers inches. Mr. Sewell also played both offensive permarket. and defensive line positions in football. During who are suffering because of their faith. Most importantly, K–VA–T has adopted a As Christians living in a free nation, we his career, he earned all-star team honorable policy of improving the lives of the residents in often take our freedoms for granted. Remem- mention. the communities it serves. The company is 16 bering those who can not worship in freedom Willie A. Suber, Class of 1958, received All- percent employee owned. Jack Smith once should cause us to thank God for His bless- Suburban honors as halfback during the 1957 stated, ‘‘The ultimate objective of K–VA–T ings to us, and compel us to live out our faith Eagles football team’s undefeated season, Food Stores is to fulfill its ongoing commit- in every single aspect of our lives. which was only the second in school history. ment to planned growth. My wish is that the Mr. Suber also participated on the track and f public, our corporate officers, associates and field team and ran both the 100 and 200 yard RECOGNIZING JACK C. SMITH ON patrons can find their lives enriched because dashes. Mr. Suber passed away in 1994. THE 50TH ANNIVERSARY OF of this company’s existence and its efforts. But Robert V. Mitchell, Class of 1961, was well- FOOD CITY first, and foremost, let us remember that the known in high school as a basketball, base- friendship of those we serve is the foundation ball, and track star. Mr. Mitchell helped lead HON. RICK BOUCHER of our progress.’’ For 50 years, Jack Smith the basketball team to the Suburban One title OF VIRGINIA has been making investments in the commu- in the 1960–1961 season. Mr. Mitchell also IN THE HOUSE OF REPRESENTATIVES nities his stores serve in cities such as Knox- batted .313 for the baseball team which ville, Tennessee, as well as small, rural towns placed second in the league, and he set a Thursday, November 10, 2005 such as Grundy, Virginia. school high jump record of 6 feet 41⁄2 inches Mr. BOUCHER. Mr. Speaker, I rise today to K–VA–T supports local farmers and produce while helping the track team to the District honor one of my constituents. On November vendors by selling locally grown produce in its One title in 1961. 17, 2005, Jack Curtis Smith, founder of K– stores. Through the Apples for Students pro- Angela Henry Lee, Class of 1987, was the VA–T Food Stores, Inc., will mark his 50th gram, K–VA–T has provided over $9.2 million captain of the indoor track team and co-cap- year in the grocery business in southwest Vir- in computers and computer equipment to over tain of the 1984 outdoor team. In 1984, she ginia, and I would like to take this occasion to 700 schools. The company regularly partici- won four medals in the PIAA State title meet recognize his many contributions to my Con- pates in local food drives and provides assist- in the 400 meter dash, the 100 meter dash, gressional District. K–VA–T Food Stores, Inc. ance to chapters of the Second Harvest food the 4x100 yard relay, and the 4x400 yard is an important asset in southwest Virginia, bank network. Semi-annually, K–VA–T spon- relay. Mrs. Lee also won four additional med- eastern Kentucky, and northeast Tennessee, sors Food City Family Race Night, which oc- als in the District One track meet as well as employing more than 11,000 residents and curs during the week before the NASCAR winning three gold medals in the Suburban honoring a strong commitment of service to races the company sponsors. Food City Fam- One championships. the region. ily Race Night draws over 40,000 race fans,

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.028 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2331 and the proceeds from the event are contrib- warm embrace of their family. This past Satur- RECOGNIZING AND COMMENDING uted to local charities. These are just a few of day, November 5, 2005, a 12th reunion began CONTINUING DEDICATION AND the many ways K–VA–T supports its commu- at North Korea’s Mount Kumgang Resort and COMMITMENT OF EMPLOYERS nities. will last through today, November 10, 2005. OF MEMBERS OF THE NATIONAL The outstanding work of Jack C. Smith and GUARD AND THE OTHER RE- And so Mr. Speaker, I rise today to recog- K–VA–T Food Stores has improved the quality SERVE COMPONENTS nize this historic event, as these incredibly of life of thousands of citizens in my Congres- sional District in southwest Virginia as well as emotional and heart-warming reunions under- SPEECH OF throughout eastern Kentucky and northeast score the unimaginable pain experienced by families forced apart in 1950 at the outbreak HON. TODD TIAHRT Tennessee. The affects of his dedication to OF KANSAS shaping the communities in this region will be of the Korean War. A renewed sense of ur- IN THE HOUSE OF REPRESENTATIVES lasting. I applaud the efforts of Jack C. Smith, gency surrounds these reunions as divided and it is with great pleasure that I congratulate family members are well into their senior Tuesday, November 8, 2005 him on 50 years in the grocery business. years; many of whom have already passed Mr. TIAHRT. Mr. Speaker, the summer inva- f away and were never afforded the opportunity sion of Kuwait by Saddam Hussein in 1990 to do that which so many of us are blessed to initiated one of the longest continual military CONGRATULATING ARGYLE HIGH do daily: converse face to face with a daugh- mobilizations in our nation’s history. Since SCHOOL MARCHING BAND ter or brother or mother or father. then, our military has been continually en- Great strides have been taken to expand gaged in the Middle East and other theaters. HON. MICHAEL C. BURGESS the breadth and depth of these reunifications The attacks in New York, Virginia and Penn- OF TEXAS to allow for greater participation. In addition to sylvania on September 11th, 2001 have only served to expand the scope and increase the IN THE HOUSE OF REPRESENTATIVES the face to face meetings, South Korea has in- operational tempo and intensity of our armed Thursday, November 10, 2005 corporated live television and video feeds for forces. Mr. BURGESS. Mr. Speaker, I rise today to those family members who cannot make the For the past 15 years, our citizen-soldiers, congratulate the Argyle High School Marching trip to Mount Kumgang. South Korea has also found in the Reserves and Army and Air Na- Band on winning the Class 2A State Cham- committed to hold family reunions on a regular tional Guard, have been increasingly mobilized pionship. basis and institutionalize both the exchange of and deployed. Since the Global War on Ter- The Music Program of the University Inter- letters and the process of confirming the fates rorism began in 2001, 433,000 members of scholastic League, UIL, is designed to support and whereabouts of separated family mem- the reserve component have been mobilized and enrich the teaching of music as an inte- bers. Already, the status of some 20,000 indi- for active duty. These troops, like our active- gral component of the public school curriculum viduals—living and deceased—have been duty force, risk their lives on the front-lines for in the state of Texas. Each year approximately confirmed. Furthermore, South Korea is cur- our nation’s security and freedom while being 500,000 middle school, junior high and high rently constructing a family reunion center that separated from friends and family. But unique school students reap the benefits of participa- will serve as the permanent location for to our National Guardsmen and Reservists, tion in the 10 UIL music events. This year the hosting future reunions. these deployments often involve year-long ab- UIL State marching band championship was A seldom-cited fact is that there are more sences from civilian employment and a cor- held in the San Antonio Alamodome on No- responding financial hardship. vember 7–8, 2005. than 10 million separated family members—a staggering one quarter of the nation’s popu- National Guard and Reserve mobilization The Argyle High School Marching Band won also has a dramatic effect on civilian employ- lation—currently in South Korea. In addition, the state title 2 years ago, when they were ers. Across the nation businesses are losing there are more than 500,000 Korean Ameri- last eligible to compete. This year, after suc- their top employees to the call of national cans here in our own country who also share cessfully competing in regional and area UIL service. Despite the strain on their businesses, contests, the band was able to advance to the the pain of having separated family members the vast majority of employers embrace this UIL State competition. After performing their in North Korea. challenge with pride. Not only do they adhere original music and marching routine, the band The South Korean government has held to the Uniformed Services Employment and was selected as one of the 7 top finalists out talks with North Korea on the topic of including Reemployment Rights Act, many businesses of a total 18 2A bands at the competition. The Koreans from all over the world in the reunifi- go above and beyond in support of their de- final performance determined that the Argyle cation efforts. As a result of the second and ployed employees and the families left behind. High School Band won the UIL Class 2A State third round of ministerial meetings that were They deserve our nation’s respect and thanks. Championship. held in 2000 between the two Koreas, 115 Ko- Therefore, Mr. Speaker, I am honored to I sincerely commend the Argyle High School reans living overseas, including 84 Korean support House Resolution 302, sponsored by Marching Band and their Director, Cindy Mikel, Americans, have been afforded the oppor- Mr. POMBO of California. This important resolu- for winning the UIL Class 2A State Champion- tunity to see and be with their separated fam- tion recognizes and commends the dedication ship. Their hard work, dedication, desire to ily members. and commitment of employers of the members excel, and success in promoting and per- of the National Guard and the other reserve forming music deserves the highest recogni- The South Korean government has stated components. I encourage this entire body to tion and congratulations. that it will make all efforts possible to continue strongly support this resolution, along with the f to create greater opportunities for Koreans liv- businesses and reservists it commends. ing abroad to meet their divided family mem- f RECOGNIZING THE 12TH ROUND OF bers. So far, about 1,000 Koreans living over- INTER-KOREAN FAMILY RE- seas have applied to participate in the re- OLD JAIL ART CENTER SILVER UNIONS NOVEMBER 5–10, 2005 unions, 600 of whom live right here in the ANNIVERSASRY United States. HON. XAVIER BECERRA For these reasons, Mr. Speaker, I wish to HON. RANDY NEUGEBAUER OF CALIFORNIA recognize and pay tribute to the 12th round of OF TEXAS IN THE HOUSE OF REPRESENTATIVES inter-Korean family reunions. Perhaps it is also IN THE HOUSE OF REPRESENTATIVES Thursday, November 10, 2005 fitting for all of us here in this body to take a Thursday, November 10, 2005 Mr. BECERRA. Mr. Speaker, since the land- moment to reflect on the importance of family, Mr. NEUGEBAUER. Mr. Speaker, I would mark Joint Declaration was signed during the recognizing that the time we spend with them like to congratulate the Old Jail Art Center in inter-Korean summit that took place on June is so precious and must never be taken for Albany, Texas on its 25th anniversary. The Art 15, 2000, 11 rounds of family reunions be- granted. I also wish to express my personal Center first opened on December 19, 1980 tween South and North Korea have taken appreciation and commend the government and, as the name indicates, is located in the place. Over these 5 years, more than 10,000 and people of South Korea for all they have first permanent jail built in Shackelford County. people have been given the chance to do done to institutionalize these important re- The historic location in combination with the something they have not done in over 50 unions and encourage them to continue their excellent permanent art collection and other years—and that is to once again feel the full commitment to family reunification. exhibits gives Albany an important cultural

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.030 E10NOPT1 E2332 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 center that receives over 30,000 visitors a rifice for our freedom than our veterans. I join Guy Reinbold, Class of 1974, has had an year. the rest of the nation in remembering their outstanding career in the hospitality industry. Texas Monthly magazine has called The service to our country. Let us renew our ef- He has worked as the director of food and Old Jail Art Center the best small-town mu- forts to keep our promises to our veterans. We beverage services at the Marriot Waterfront seum in the state and it is easy to see why. can do that by making sure that legislation is Hotel in Baltimore and he has previously It has a permanent collection of over 1900 passed that will help our veterans. Our na- worked locally at both the Whitford Country works of art, including modem paintings by tion’s veterans and service members need to Club and the Chadds Ford Inn. In 1999, he artists such as Thomas Hart Benton, Pierre- know that their families will be taken care of was appointed the director of culinary develop- Auguste Renoir, and Pablo Picasso. The mu- while they sacrifice so much. ment for Marriot Hotels and, in 2000, he was seum’s Eastern Art Collection displays thirty- I urge my colleagues to keep our promises named vice president of culinary for Marriot five Chinese terra-cotta tomb figures from the to our veterans and fight for the improvement International. Han and T’ang dynasties. The Old Jail Art of services to them. Mr. Speaker, it is a pleasure to rise and rec- Center provides art education opportunities f ognize these remarkable and talented individ- with 43 Big Country school districts. In addi- HONORING THE HALL OF FAME IN- uals who have all excelled in their respective tion, the museum offers historical archives and fields and brought honor to the Norristown serves as a research library for Shackelford DUCTEES TO THE NORRISTOWN AREA HIGH SCHOOL HALL OF Area High School and Community. County. I am pleased to honor this full service f art center that contributes to the cultural and CHAMPIONS ASSOCIATION educational opportunities for my constituents NORTHWEST INDEPENDENT in the 19th Congressional District of Texas. HON. JIM GERLACH SCHOOL DISTRICT ‘‘A SALUTE TO I would like to congratulate all those in- OF PENNSYLVANIA HURRICANE VOLUNTEERS’’ volved with making this museum such a suc- IN THE HOUSE OF REPRESENTATIVES cess. The citizens of Albany and all Texans Thursday, November 10, 2005 HON. MICHAEL C. BURGESS can be proud of the Old Jail Art Center and its Mr. GERLACH. Mr. Speaker, I rise today to OF TEXAS programs. honor five distinguished gentlemen on the oc- IN THE HOUSE OF REPRESENTATIVES f casion of their induction into the Hall of Fame Thursday, November 10, 2005 VETERANS DAY of the Norristown Area High School Hall of Champions Association. Mr. BURGESS. Mr. Speaker, I rise today to HON. HILDA L. SOLIS The Norristown Area High School Hall of salute those individuals and organizations that Champions Association was established in opened their hearts and dedicated both finan- OF CALIFORNIA cial and emotional support to the evacuees of IN THE HOUSE OF REPRESENTATIVES 1977 to honor and commemorate the accomplishments of distinguished alumni of the Nor- Hurricane Katrina and Hurricane Rita. All of Thursday, November 10, 2005 ristown Area High School. the states along the Gulf Coast have endured Ms. SOLIS. Mr. Speaker, I rise today to pay The 2005 Annual Hall of Fame inductees terrible hardships during this hurricane sea- tribute to America’s 24.5 million living veterans will be: James R. Caiola, posthumously; son, and I know that the generosity of North who have served and sacrificed for our coun- Salvatore P. Carfagno; Carl G. Sander; David Texans played a vital role in bringing some try—including the 28,000 veterans in my dis- G. Fry; and Guy Reinbold. peace into their lives. trict. James R. Caiola, Class of 1926, was a Nor- Today, I want to specifically thank the stu- Veterans Day is the time to honor the serv- ristown area attorney for nearly sixty years. dents from Northwest ISD for their outstanding icemen and women that have protected this Additionally, Mr. Caiola was very active in his collective fundraising effort. Northwest ISD country and the freedom we hold so dear. community and was instrumental in the found- students collected $13,517.58 for Hurricane Throughout history, our veterans have served ing of the Norristown Fraternal Order of Police Katrina victims. Additionally, Gilley-Tarpley As- our nation with great distinction and honor. Lodge, No. 31. He also prepared the first pen- sociates agreed to match the donation up to Today, we recognize both those who have sion plan for police officers and was active $5,000.00, for a total of $18,517.58. worn the uniform and those who are currently with Camp Rainbow, a camp for underprivi- The district-wide relief effort, which began in serving. leged children. Mr. Caiola passed away in September, was organized by the Northwest That is why I support several key pieces of February of this year. High School Student Council, PAL, and the legislation that serve to benefit our nation’s Salvatore P. Carfagno, Class of 1943, is Key Club organizations. veterans. I am proud to be a cosponsor of also being honored for his notable accomplish- I stand here today to sincerely thank the H.R. 2131, the New GI Bill of Rights for the ments after graduation. Mr. Carfagno served students in Northwest ISD and Gilley-Tarpley 21st Century. The new GI Bill would repeal as director of nuclear engineering and the Associates for their generous donation. I am unfair tax burdens on military families, provide head of the engineering department of the proud to call these people fellow Texans. veterans with affordable health care, edu- Franklin Institute in Philadelphia from 1948 to Through their contribution, they not only stand cation, and job training benefits, and strength- 1989. Mr. Carfagno also served as a consult- as devoted and giving American citizens, but en our support for men and women in uniform, ant to the Nuclear Regulatory Commission they serve as an inspiration to others. including our National Guard and Reservists. and has published numerous technical papers f On this Veterans Day, our servicemen and and has given lectures throughout the United women continue to risk their lives in Iraq and States and several foreign countries. IN MEMORY OF R.C. GORMAN Afghanistan to protect our country. Recently, Carl G. Sander, Class of 1948, had an im- the 2,000th soldier was killed in Iraq and more pressive career with Scott Paper Company HON. TOM UDALL than 15,000 troops have been wounded there. where he served as a regional marketing man- OF NEW MEXICO During the Iraqi conflict, my district has suf- ager. Therefore, he joined McCormick and IN THE HOUSE OF REPRESENTATIVES fered the loss often brave servicemen who did Company where he served as managing di- Thursday, November 10, 2005 not return to their families. They are Marine rector of a subsidiary in England. From 1976 Corporal Jorge A. Gonzalez; Army Sergeant to 1979, Mr. Sander continued his career in Mr. UDALL of New Mexico. Mr. Speaker, I Atanasio Haromarin; Army Private First Class England with Country Kitchen Foods. Upon rise today to honor the memory of R.C. Jose Casanova; Marine Private First Class Mr. Sander’s return to the United States in Gorman, a close family friend and a legendary Francisco A. Martinez Flores; Army Specialist 1984, he demonstrated the spirit of entrepre- Navajo artist known as ‘‘the Picasso of Amer- Leroy Harris-Kelly III; Marine Corporal Rudy neurship and started his own company, the ican painters.’’ Salas; Lance Corporal Benjamin M. Gonzalez; Carl G. Sander Co., a food brokerage com- R.C. grew up using the earth as his canvas. Lance Corporal Manuel A. Ceniceros; Spe- pany in Jacksonville, Florida. His pallet was the desert of the Southwest and cialist Private First Class Marcos O. Nolasco; David G. Fry, Class of 1973, is the head of his tools were the rocks and sands around and Corporal Stephen P. Johnson. These the structural chemistry department of Hoff- him. After years of mastering his craft, he men, our fallen soldiers, are heroes. My heart man-LaRoche Company in New Jersey. He found a home in Taos, New Mexico, and and prayers go out to their families and has published more than 35 research papers began to carve out a voice in the world of Na- friends. and is involved in numerous research pro- tive American art. We have learned that freedom is not free grams for drugs intended to combat both hep- For four decades, R.C. was a pioneer. He and no one has paid a higher price and sac- atitis C and HIV/AIDS. opened the first Native American-owned art

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.034 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2333 gallery. He helped lead Native American art- PERSONAL EXPLANATION recent years, it has stagnated in the United work into the mainstream conversations and States. Full funding for the work at JPL dem- consciousness of all Americans. And he ex- HON. BRIAN HIGGINS onstrates our continuing commitment to re- plored the world around him, from artwork to OF NEW YORK search in the sciences. cooking, from history to politics, all the while IN THE HOUSE OF REPRESENTATIVES The space exploration program also has an staying true to his roots. impact on young people. Generations of stu- Thursday, November 10, 2005 R.C. was very close to my family. I knew dents have been inspired to enter scientific him since I was a young boy, and he was a Mr. HIGGINS. Mr. Speaker, I missed a roll- fields by stunning images from the heavens. dear friend to both my mother and father. Dur- call vote on the night of Wednesday Novem- The funding for cooperative education pro- ing a drawn out legal battle over health con- ber 9, 2005. I would like to enter into the grams between NASA’s Jet Propulsion Lab- cerns being suffered by Navajo uranium min- RECORD how I intended to vote on the missed oratory and Griffith Observatory recognizes ers, the legal team was being burdened by rollcall: the importance of encouraging more students mounting costs. R.C., in his typical selfless On rollcall No. 582 regarding S. 1894, the to enter scientific fields. style, donated two pieces of artwork to assist Fair Access Foster Care Act of 2005, I would With our commitment to the programs at the cause. Both pieces were auctioned off and have voted ‘‘yea.’’ NASA’s Jet Propulsion laboratory, we are pur- the proceeds were used to help pay down the f suing both the human quest to understand our legal fees. It was characteristic of him to pro- universe and the American quest for con- CONFERENCE REPORT ON H.R. 2862, vide anything and everything to help others tinuing leadership in space exploration. SCIENCE, STATE, JUSTICE, COM- and to do so without fanfare and without self- MERCE, AND RELATED AGEN- f congratulations, but rather with humility and CIES APPROPRIATIONS ACT, 2006 respect. And it is that personal side of R.C. CONGRATULATIONS TO THE that will be forever ingrained in our memories. MCCANDLESS TOWNSHIP SANI- SPEECH OF TARY AUTHORITY We will always be grateful for the way in which he used the canvas with grace and the HON. ADAM B. SCHIFF way in which he helped us see so much beau- OF CALIFORNIA HON. MELISSA A. HART ty in places we once overlooked. R.C. will be IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA greatly missed, but his spirit will live on. Wednesday, November 9, 2005 IN THE HOUSE OF REPRESENTATIVES Mr. SCHIFF. Madam Speaker, from the Thursday, November 10, 2005 f dawn of civilization, man has peered out into Ms. HART. Mr. Speaker, I would like to take IN HONOR OF SISTER JULIE HYER the heavens and dreamt of exploring the vast this opportunity to congratulate the McCand- expanses of our universe. During the past half less Township Sanitary Authority on the 50th HON. SAM FARR century, from America’s first satellite, the anniversary of its founding. grapefruit-sized Explorer I, to the International Over the past fifty years the McCandless OF CALIFORNIA Space Station now being built 200 miles Township Sanitary Authority has provided IN THE HOUSE OF REPRESENTATIVES above us, human beings have begun to learn service to 52,000 customers in Bradford Thursday, November 10, 2005 how to operate in the harsh environs of space. Woods Borough, the Borough of Franklin Our unmanned space probes—from the Park, Marshall Township, Pine Township, the Mr. FARR. Mr. Speaker, I rise today to Ranger and Surveyor craft that paved the way Town of McCandless and boundaries of honor Sister Julie Hyer, as she has recently for Apollo to the Voyager spacecraft that ex- Hampton and Ross Townships. Their cus- celebrated 20 years as President of Domini- plored the outer planets—continue to increase tomers vary from residential and commercial can Hospital in Santa Cruz, California. Since our understanding of the universe. Everyone facilities to schools, colleges, and hospitals. 1985, Sister Julie has enlivened and inspired of the ambitious American space probes that The authority owns and operates a com- those affiliated with Dominican Hospital and has visited another planet has been managed prehensive sanitary sewer system that in- the community at large with her leadership in by NASA’s Jet Propulsion Laboratory (JPL) in cludes four treatment plants, and sixteen ways that are practical and profound. Pasadena, California. pumping stations. Before coming to Santa Cruz, Sister Julie It is for this reason, I am proud that the con- To celebrate their 50 years of great service, served at the Mercy Healthcare Corporation in ference report covering NASA operations in- the authority will commemorate the anniver- Farmington, Michigan. There, she served for cludes full support of the work of JPL on the sary on December 17, 2005 as part of the an- 11 years beginning as a hospital coding clerk Mars exploration program and the Space nual Christmas Dinner at Highland Country in 1974 and ascending to Associate Director Interferometry Mission. Club. of Medical Affairs at the corporate level. Sister NASA’s Mars exploration program embodies I ask my colleagues in the United States Julie has an MBA in Finance from the Univer- the President’s vision for space exploration. It House of Representatives to join me in hon- sity of Detroit, BS in Medical Record Adminis- will expand our knowledge of one of our oring the 50th anniversary of the McCandless tration from Mercy College in Detroit, and a neighbors in the solar system and pave the Township Sanitary Authority. It is an honor to BA in Mathematics from Siena Heights Univer- way for a manned mission to Mars. NASA’s represent the Fourth Congressional District of sity in Adrian, Michigan. search for planets and life beyond our solar Pennsylvania and a pleasure to salute such a Dominican Hospital is a non-profit commu- system is also having increasing and dramatic dedicated institution as the McCandless Town- nity hospital located in Santa Cruz, sponsored success with more than 150 planets now dis- ship Sanitary Authority. by the Adrian Dominican Sisters. As President covered. With full funding, the Space f of Dominican Hospital, Sister Julie oversees Interferometry Mission will examine over two acute care, inpatient and outpatient services, thousand stars for planetary systems, fulfilling RECOGNIZING FLOWER MOUND four subsidiary corporations, two congregate a critical step in the search for Earth-like plan- HIGH SCHOOL SPEECH AND DE- living facilities totaling 356 apartments, and ets. BATE TEAM other multiple joint ventures. She also serves For their strong support of this vision, I as a member of many corporate-wide initia- would like to thank Chairman LEWIS and Rank- HON. MICHAEL C. BURGESS tives and committees. ing Member OBEY. I would also like to thank OF TEXAS Mr. Speaker, the service of local community Chairman WOLF and Ranking Member MOL- IN THE HOUSE OF REPRESENTATIVES leaders is an asset to this Nation, and I ap- LOHAN for meeting on several occasions to plaud Sister Julie for her significant contribu- discuss the important work of JPL. Thursday, November 10, 2005 tion. The 20 year anniversary of Sister Julie’s In addition to expanding our reach into the Mr. BURGESS. Mr. Speaker, I rise today to presidency signifies a fruitful career of improv- depths of the universe, the space research commend the Flower Mound High School ing the health of the community through her program at JPL will have additional benefits speech and debate team for being recognized core values of dignity, excellence, collabora- here on Earth. According to economists, in- as 13th out of the top 50 speech and debate tion, justice, and stewardship. It is clear that vestment in research and development has teams in the country. Sister Julie has made a lasting impact on our one of the highest rates of return in the long- The ranking was announced by the National community and I join Dominican Hospital in run. While public investment in research and Forensic League on Oct. 22, 2005. The Na- honoring her tenure. development in other nations has increased in tional Forensic League is comprised of 103

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districts that govern the affiliate and charter gressman OBEY to increase the COPS funding BIPARTISAN LEGISLATION INTRO- schools in all 50 states. The purpose of the level to $666 million. Unfortunately, the House DUCED TO HELP INCREASE EQ- National Forensic League is to promote inter- chose to put our law enforcement and the UITY INVESTMENT IN SMALL scholastic debate, oratory, public speaking, safety of our street and communities at risk by BUSINESSES LOCATED IN LOW- and interpretation of literature by encouraging rejecting the amendment. INCOME AREAS a spirit of fellowship and by conferring upon This conference report contains only $416 deserving candidates a worthy badge of dis- million for the Byrne Discretionary and Justice HON. GWEN MOORE tinction. The National Forensic League works Assistance Grant Programs, also known as OF WISCONSIN to accomplish this mission by promoting de- Byrne-JAG grants. This is $386 million less IN THE HOUSE OF REPRESENTATIVES bate and speech through a nation-wide net- than the FY ’05 amount of $792 million. Thursday, November 10, 2005 work of competitive tournaments and by hon- Byrne-JAG grants provide vital funding for oring students for their achievements. The cul- multi-jurisdictional drug task forces, anti-drug Ms. MOORE of Wisconsin. Mr. Speaker, I mination of the year is a National Speech and education programs, treatment programs, rise today to offer legislation along with my Debate Tournament in the month of June. long-range corrections and sentencing strat- colleague from Kentucky, Congressman HAR- This year’s topic will be whether or not the egy programs, anti-terrorism training pro- OLD ‘‘HAL’’ ROGERS, which seeks to increase U.S. government should reduce its authority to grams, and for the enforcement of child abuse venture capital investment in small businesses detain without charges or search without prob- and neglect laws, and the improvement the located in low-income urban and rural commu- able cause. criminal justice systems’ response to domestic nities nationwide. Our bill, the Securing Equity The Flower Mound High School speech and and family abuse. When the House first con- for the Economic Development of Low Income debate team has 25 students traveling during sidered H.R. 2862, I offered a bipartisan Areas—SEED—Act, would reauthorize and weekends from speech to debate tour- amendment to increase Byrne-JAG grants expand the New Markets Venture Capital naments. At Flower Mound High School, each funding, but unfortunately, my amendment (NMVC) program of the Small Business Ad- member of the speech and debate team is failed to garner enough votes. ministration (SBA). guaranteed to compete in at least five rounds As a former Escanaba city police officer and The New Markets Venture Capital Program per year. If a student performs well, he or she Michigan State Trooper as well as co-chair of was established in 2000 for the purposes of can enter additional tournaments. Students the Congressional Law Enforcement Caucus, I making equity investments in small businesses are awarded a degree of merit for each round understand how much our local communities located in economically distressed commu- they compete in, which then gets accumulated need and rely on COPS and Byrne-JAG grant nities through the creation of NMVC compa- by the team. Flower Mound was the 13th team program monies. Post-9/11, our Nation’s pub- nies. Many conventional venture capital firms nationwide with the most accumulated de- lic safety officers are faced with more chal- have been unwilling to invest in economically grees of merit. lenges than ever before in performing their du- disadvantaged areas. NMVC companies aim Today I congratulate the Flower Mound ties, and we must do everything in our power to help fill the access to capital gap that exists High School speech and debate team and to support their effort. We should be providing for many small firms in these communities. New Market Venture Capital companies will Head Debate Coach, Eric Mears, on ranking public safety officers with the resources nec- leverage equity capital backed by SBA-guar- 13th out of the top 50 speech and debate essary to keep our communities safe from anteed funds to invest in small businesses in teams in the country. Their dedication and both terrorist threats and daily crime, and un- depressed areas. NMVC companies can also hard work in perpetuating intellectual debate, fortunately this conference report short- apply for matching operational assistance oratory and public speaking deserves the changes these men and women who protect grants to provide entrepreneurs with the serv- highest recognition and praise. and serve our Nation. f ices and technical support needed to help their businesses grow and succeed. CONFERENCE REPORT ON H.R. 2862, f Through the program, 6 New Markets Ven- SCIENCE STATE, JUSTICE, COM- COMMENDING EFFORTS OF ture Capital companies have been formed and MERCE, AND RELATED AGEN- CROHN’S AND COLITIS FOUNDA- are currently still operating and making quality CIES APPROPRIATIONS ACT, 2006 TION OF AMERICA investments in small businesses throughout the country. For example, the Southern Appa- SPEECH OF HON. SUE W. KELLY lachian Fund located in Congressman ROG- HON. BART STUPAK ERS’ Congressional District was one of the OF NEW YORK OF MICHIGAN original New Markets Venture Capital compa- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES nies established during the initial round of Thursday, November 10, 2005 funding. The Southern Appalachian Fund Wednesday, November 9, 2005 (SAF) is a $12.5 million venture capital fund Mr. STUPAK. Madam Speaker, this week, Mrs. KELLY. Mr. Speaker, I rise today to offering equity capital and operational assist- the House of Representatives passed the con- commend the efforts of the Crohn’s and Colitis ance to eligible small businesses located in ference report to H.R. 2862, the FY 2006 Foundation of America in fighting Inflammatory the Appalachia regions of Kentucky, Ten- Science, State, Justice, and Commerce Ap- Bowel Disease (IBD). Today, the Foundation nessee, Georgia, Alabama, and Mississippi. In propriations bill on a vote of 397–19. will visit Capitol Hill and ask for our support of 2004 alone, SAF invested over $1 million in I voted for this conference report because it H.R. 3616—The Inflammatory Bowel Disease three companies, which helped attract an ad- provides funding for important law enforce- Research Act. ditional $1.7 million in venture capital funding ment agencies, including the Federal Bureau Crohn’s Disease and ulcerative colitis are for these firms. As a result, these investments of Investigation, the Department of Justice, chronic disorders of the gastrointestinal tract assisted in the creation of over 50 new jobs in and the Drug Enforcement Agency. However, that afflict approximately 1.4 million Ameri- the region. I was reluctant to support this conference re- cans, 30 percent of whom are diagnosed in Unfortunately, though authorized, this wor- port during final passage because I was ex- their childhood years. IBD represents a major thy program has not received funding in each tremely disappointed and concerned that this cause of morbidity from digestive illness and of the last 3 fiscal years. The SEED Act would legislation drastically cuts funds for the Com- has a devastating impact on both patients and reauthorize the New Markets Venture Capital munity Oriented Policing Services program, or families. The cause is unknown, and there is program by providing $100 million in deben- COPS program, and subsequently eliminates no medical cure. ture guarantees and $25 million in operational all federal funding for the hiring of police offi- I urge my colleagues to cosponsor the bi- assistance grants to fund the creation of a cers. The passage of this conference report partisan Inflammatory Bowel Disease Re- fresh round of NMVC companies. In addition, has placed an undue burden on local law en- search Act that I’m sponsoring with the gen- our legislation would incorporate small manu- forcement’s ability to ensure the safety and tleman from Illinois, JESSE JACKSON, Jr. The facturers into the mission of the program by security of our communities and our families. IBD Research Act builds upon legislation we encouraging the SBA to set up at least one H.R. 2862 contains only $478 million in sponsored last Congress, which garnered 183 company that is primarily involved in the in- funding for COPS, which is $120 million less cosponsors. This Congress—we look forward vestment and development of small manufac- than last year’s funding level. When the House to even more support. Together we can help turing firms. The bill also seeks to diversify first considered H.R. 2862 on June 14, 2005, millions of children and adults that suffer from venture capital investments beyond the typical I supported an amendment offered by Con- these devastating diseases. Silicon Valley and Northeastern corridors by

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.042 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2335 encouraging the formation of NMVC compa- broader plan to restore wildlife habitat that Star for his actions at Wau. Along with per- nies in each of the ten geographic regions of was lost due to the construction of the Mis- sonal recognition, his squadron received three the SBA. souri River dams. Presidential Unit Citations and two Battle Many of my constituents have fallen on hard The proposals in this legislation were in- Stars. Following World War II, he helped stem times and are in need of help. A large portion cluded in an identical bill that passed the Sen- the tide of communism during the Korean of my district is in the midst of an economic ate by unanimous consent last year. This leg- Conflict by flying 21 combat missions. After 23 crisis at this moment. In 2002, the Bureau of islation is an important opportunity to resolve years of service, Mr. Ford eventually retired Labor Statistics found that 59 percent of work- a land ownership issue left open for over 3 with the rank of Major with over 15 decora- ing age African American males in Milwaukee decades. I urge my colleagues in the House to tions. were either unemployed or out of the work- give this bill their swift consideration. The gratitude that all Americans owe to Mr. force. In the past five 5, Milwaukee has lost f Ford cannot be expressed in mere words 33,000 manufacturing jobs, an industry that alone. was once the lifeblood of the local economy. TRIBUTE TO ERNEST C. FORD, AN I will tell you everyday that I go to work; I And, according to a study conducted by the AMERICAN VETERAN am reminded of our veterans and the sac- University of Kansas, Milwaukee ranks 49th rifices they made by the sight of the many out of the 50 largest U.S. cities in terms of per HON. DANIEL E. LUNGREN beautiful memorials erected in their memory. capita venture capital dollars. OF CALIFORNIA These memorials represent the dogged deter- Small businesses create nearly 75 percent IN THE HOUSE OF REPRESENTATIVES mination of our veterans and are a reminder of of all new jobs and account for 99 percent of Thursday, November 10, 2005 the heartfelt gratitude all Americans owe them all employers. It is not a stretch to conclude for their service. that increased investment in small businesses Mr. DANIEL E. LUNGREN of California. Mr. As President Ronald Reagan on the 40th leads to the creation of new jobs and sparks Speaker, Veterans Day is a special day we anniversary of D-Day said, ‘‘We will always re- much needed economic development in areas set aside to honor all of our brave service men member. We will always be proud. We will al- that have experienced better days. And given and women both past and present. It is a day ways be prepared, so we may always be the high levels of unemployment that exist in to remember, a day to honor and a day to re- free.’’ many distressed urban and rural communities flect upon our fellow citizens who, risking their I thank you, Mr. Ford, and all our honored throughout the country, the New Markets Ven- lives, were willing to make the ultimate sac- American Veterans for your service to our ture Capital program would provide a crucial rifice. It is a day to honor those we know and country. source of investment capital to small firms and those we have never met. f help create new jobs. It is my privilege to honor one of our vet- I strongly urge my colleagues to support this erans in the Third Congressional District of TRIBUTE TO THE MARCH-WESTIN very important bipartisan bill. California, Ernest C. Ford. Mr. Ford’s story COMPANY AND THE ST. JAMES CATHOLIC CHURCH f was brought to my attention some months ago. Like many of my fellow colleagues in INTRODUCTION OF THE BLUNT Congress, we represent our constituents and HON. SHELLEY MOORE CAPITO RESERVOIR AND PIERRE CANAL are honored to have veterans among them. It OF WEST VIRGINIA LAND CONVEYANCE ACT OF 2005 is their story that humanizes the importance of IN THE HOUSE OF REPRESENTATIVES Veterans Day. HON. STEPHANIE HERSETH In May of 1927, Charles Lindbergh took off Thursday, November 10, 2005 OF SOUTH DAKOTA from Roosevelt Field, Long Island, New York Mrs. CAPITO. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES and flew into aviation history and into the recognize the March-Westin Company of Mor- imagination of a 51⁄2 year old boy, ‘‘Ernie’’ gantown, West Virginia and the St. James Thursday, November 10, 2005 Ford. With the onset of World War II, the Catholic Church for their exceptional achieve- Ms. HERSETH. Mr. Speaker, today, I am in- young farm boy from Dodge City, Kansas left ment in the field of occupational safety and troducing the Blunt Reservoir and Pierre Canal his family and friends to join a cause larger health. Land Conveyance Act of 2005. than himself. Incorporated in 1984, the March-Westin The origins of the bill stretch back to The Fifteen years later to the day of Lindbergh’s Company is a full-service engineering and Flood Control Act of 1944 which authorized a faithful flight, Staff Sergeant Ernest C. Ford general contracting firm located in Morgan- 190,000 acre irrigation project surrounding the graduated from advanced flying school at town, WV. March-Westin has worked on over Oahe dam and reservoir. As part of this Luke Field in Phoenix, Arizona. Like many, in 600 projects throughout West Virginia, estab- project, the Bureau of Reclamation acquired what has been referred to as the greatest gen- lishing themselves as one of the best firms in approximately 19,000 acres of land in two eration, he served with honor and distinction all of West Virginia. After a rigorous review by South Dakota counties before organized oppo- to preserve Liberty and Freedom throughout the Occupational Safety and Health Adminis- sition halted the project in 1977. Since then, the world. Flying over 6,500 hours and 364 tration, OSHA, March-Westin has been award- the Bureau of Reclamation has retained own- combat missions, the most of any pilot in the ed the agency’s approval as a Star participant ership of the land and, even today, the original USAAF during World War II, he showed his in their Voluntary Protection Program, VPP. landowners continue to lease the land from dedication to duty, honor and country. Since 1982, this demanding award has been the department. On February 6, 1943, Staff Sergeant Ernie given to fewer than 1,000 worksites across the Recognizing that the project will not be re- Ford, a transport pilot, is credited with saving Nation and I am pleased to recognize March- started, the State of South Dakota initiated three C–47 planes, their crews, and 87 Aus- Westin and the St. James Catholic Church for talks to resolve the ownership situation. Work- tralian infantry during the battle of Wau in New their work in receiving this award. In fact, this ing with the South Dakota Department of Guinea, Australia. While the battle raged exemplary small construction company had no Game Fish and Parks, local stakeholders, the around him, Mr. Ford proceeded to takeoff on employee injuries or illnesses during the quali- Bureau of Reclamation, and others, a general a bombed out airstrip while under enemy fire. fying period for the program. VPP sites serve consensus emerged that the best way to deal Witnessing his lead plane shot down on as- as a model for what can be accomplished with the associated economic, tax base, wild- cent, he decided to keep his plane low for through a commitment to workplace safety, as life mitigation, and public access concerns maximum speed. With the plane only 10 to 15 these sites achieve a level of worker protec- would be to allow the original landowners to feet off the ground, Ernie Ford escaped the tion that goes far beyond compliance with al- buy back the land. Years of negotiations and fate of his comrades before him and showed ready strict government regulations. meetings led to the bill I am introducing today. the remaining C–47’s a way to escape the In Charles Town, WV, the March-Westin Under this bill, former Blunt Reservoir and battle. Company is constructing a 55,000 square foot, Pierre Canal landowners would be allowed to For his exceptional service, he won a battle- old style church which includes a parish hall, repurchase their former lands, on which they field commission and was promoted to the library, classrooms, a chapel, bell tower, and currently hold preferential leases, from the Bu- rank of 2nd lieutenant. At the end of the war a kitchen. This $10 million project will serve reau of Reclamation. The bill also will transfer in the Pacific, Mr. Ford earned 6 Distinguished not only as a model for workplace safety but non-preferentially-leased lands and unleased Flying Crosses, one garnering a V for valor, 2 also as a wonderful place for worship and a lands to the South Dakota Department of Air Medals, and was recommended for our na- welcome addition to the eastern panhandle of Game, Fish, and Parks, GFP, as part of its tion’s third highest military honor, the Silver West Virginia.

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.045 E10NOPT1 E2336 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 In closing, I want to again commend the Jose´ Enrique Santana Carreira and every po- healthcare, education, and disability benefits March-Westin Company, the St. James Catho- litical prisoner in totalitarian Cuba. to meet the needs of our veterans is both a lic Church, and the Wheeling-Charleston f responsibility and a moral obligation. Catholic Diocese for their commitment to This Veterans Day, let us thank our family, workplace health and safety and ask my col- CONGRATULATING CJ’S STUDIO OF friends and neighbors who have served our leagues here in Congress to join me in recog- PERFORMING ARTS Nation in uniform. Their courage is to be cele- nizing their efforts. brated. Their commitment to our Nation must f HON. MICHAEL C. BURGESS be matched by a commitment from Congress OF TEXAS to truly honor their service by guaranteeing the FREEDOM FOR JOSE´ ENRIQUE IN THE HOUSE OF REPRESENTATIVES benefits they deserve. SANTANA CARREIRA Thursday, November 10, 2005 f HON. LINCOLN DIAZ-BALART Mr. BURGESS. Mr. Speaker, I rise today to RESOLUTION OF INQUIRY, H. RES. OF FLORIDA congratulate Ms. Darion Albert, Ms. Brittany 505 REQUESTING THE PRESIDENT IN THE HOUSE OF REPRESENTATIVES Carey, Ms. Christian Hargers, Ms. Brittania TRANSMIT TO THE HOUSE OF Jones, and Ms. De’Ona Stafford of CJ’s Stu- Thursday, November 10, 2005 REPRESENTATIVES, DOCUMENTS dio of Performing Arts, located in my district, PERTAINING TO THE WHITE Mr. LINCOLN DIAZ-BALART of Florida. Mr. for their opportunity to dance in the Moscow HOUSE IRAQ GROUP Speaker, I rise today to speak about Jose´ Ballet’s presentation of The Nutcracker in Dal- Enrique Santana Carreira, a political prisoner las. in totalitarian Cuba. The Moscow Ballet is a classical ballet com- HON. SHERROD BROWN Mr. Santana Carreira is the national coordi- pany that brings the grand tradition of a cen- OF OHIO nator of the Democratic Party November 30 tury of Russian ballet to audiences throughout IN THE HOUSE OF REPRESENTATIVES and a member of the pro-democracy opposi- the world, and it is considered a great honor Thursday, November 10, 2005 tion. Unfortunately, those who believe in truth to be part of the troop. Moscow Ballet’s The are targeted by the tyrant’s machinery of re- Great Russian Nutcracker combines the family Mr. BROWN of Ohio. Mr. Speaker, earlier pression. According to an article for the Infor- favorite with a special prayer for peace. Unlike today the House International Relations Com- mation Bridge Cuba Miami, on February 28, many American adaptations, The Great Rus- mittee convened to consider an important res- 2002, Mr. Santana Carreira was arrested for sian Nutcracker ends not in the ‘‘Land of the olution of inquiry, H. Res. 505. simply participating in a civic activity at the Sweets,’’ but in the ‘‘Land of Peace and Har- The resolution would have required the Catholic Church of the Passionists. More than mony.’’ The Russian Nutcracker has charmed President and Secretary of State to turn over 2 years later, in a sham trial, Mr. Santana us for more than a century because it takes its to the House of Representatives all white pa- Carreira was sentenced to 4 years in the to- audience to a world of enchantment and pers, minutes, notes, e-mails or other commu- talitarian gulag. peace where dreams are made real, language nications relating to the White House Iraq In a letter to his mother that was translated is no barrier, and it is always the season of Group (WHIG). and published at punteinfocubamiami.org, Mr. love and giving. Unfortunately, the committee voted to report Santana Carreira describes the horrible condi- The five young ladies of CJ’s Studio of the resolution unfavorably, so we won’t be get- tions in the gulag to his mother: Dance were selected this year to perform in ting those important documents. It was also unfortunate that the committee For my mother: this timeless tradition and performance. Ms. With lots of love is that I write you this Albert, Ms. Carey, Ms. Hargers, Ms. Jones, called for a vote before all Democrats wishing missive which I know is going to hurt you, and Ms. Stafford have all attended CJ’s for a to speak could be heard. Because the chair- but it is hurting me already, since they have number of years, under the direction of Ursula man acted in this manner, further debate was beaten me and I could not get up . . . they Gibbs. Ms. Gibbs serves as the studio’s artis- closed. have beaten me with no Humanity whatso- Due to this, I feel it necessary to have my ever. . . . tic director and dance instructor and is to be congratulated for her skillful dance instruction. statement from the International Relations My dearest mother, I am resolved to take Committee included in the CONGRESSIONAL this until the maximum consequences if they I extend my sincere congratulations to these RECORD. already have beaten me, this will not stop, young ladies for this distinguished opportunity. the only thing that I want is for all to know I wish them the best of luck in their dedicated I hope that in the future, when our com- of the abuses that we are being subjected to pursuit of dance and the performing arts. mittee meets on important legislation with seri- and to receive the necessary support from all ous international and national security implica- f the people so that all these abuses end and tions, all members will be allowed to address all the World learns about the cruelties com- HONORING AMERICA’S VETERANS their concerns vocally and publicly. mitted against those who fight peacefully My statement for the committee record ap- with their reason and their right. . . . pears below. Take care my viejita, I am very ill, suf- HON. BETTY McCOLLUM Here we are again, asking for the answers fering with all this, but I am willing to die OF MINNESOTA to the same questions we’ve been asking for for the reason that assists me in this our pa- IN THE HOUSE OF REPRESENTATIVES cific fight. over two and a half years. I love you a lot. Jose´ Enrique Santana Thursday, November 10, 2005 I commend my colleagues for introducing Carreiras H. Res. 505, a resolution that would require Ms. MCCOLLUM of Minnesota. Mr. Speak- the President and Secretary of State to turn Mr. Santana Carreras represents the very er, every year on November 11, the American over to the House of Representatives all best of the Cuban people: No matter how in- people honor the men and women who have white papers, minutes, notes, e-mails or tense the beatings, no matter how remorse- served and sacrificed for our Nation as mem- other communications relating to the White less the repression, no matter how inhumane bers of the armed forces. The sacrifices of our House Iraq Group (WHIG). the conditions, he will never relent in his belief veterans and their families are the foundation It seems many of my colleagues on the that the men and women of Cuba should be of our Nation’s freedom. All Americans owe other side of the aisle have forgotten that Congress has an obligation to the American and will be free. them a debt of gratitude for their service. people to oversee the activities of the Execu- Mr. Speaker, it is as inconceivable as it is Veterans Day is a national holiday for re- tive Branch. unacceptable that, in the 21st century and membrance and appreciation. Whether a vet- Because of that duty, we owe it to the only 90 miles from our shore, brave men and eran served during WWII, Korea, Vietnam, the American public to investigate the actions women are locked in grotesque dungeons be- Gulf War, or have recently returned from Iraq of the WHIG if we are to determine what the cause they believe that all people have basic and Afghanistan, they have earned our re- Bush Administration was peddling less than human rights. It is a profound embarrassment spect. As a member of Congress, I feel the actual truth of the Iraqi threat prior to for mankind that the world stands by in silence strongly about honoring our veterans and their going to war. Over the past several years, Congress has and acquiescence while political prisoners are families. With over 25 million veterans in continually failed to investigate the Admin- systematically tortured because of their belief America, Congress must keep its promise to istration’s faulty intelligence claims with in freedom, democracy, human rights and the those veterans who have served, as well as regard to Iraq. rule of law. My colleagues, we must demand those who will be returning home from Iraq Now we know that Andrew Card formed the the immediate and unconditional release of and Afghanistan. Providing the necessary WHIG in 2002, with the goal of marketing an

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A10NO8.049 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2337 invasion of Iraq. The group included numer- On this Veterans Day, we must not just rec- The Kid Safe Chemicals Act responds to the ous senior administration officials, including ognize the war heroes among us with our growing body of scientific literature which iden- Lewis ‘‘Scooter’’ Libby, Karl Rove and words, rather we must recognize them with tifies chemical exposures as a factor in the Condoleezza Rice. our deeds. Members of our armed forces It appears much of the administrations rise of disorders and diseases such as birth support for the Iraq invasion came from the serve our Nation with distinction and we must defects, asthma, neurological and develop- WHIG, and it helped create materials for use honor them with more than just our gratitude. mental disorders, infertility and certain types of by administration officials. We must honor them by providing them with cancer. The materials were then used to make the most basic benefits, access to health care, Study after study reveals alarming evidence claims which it appears the members of the education, job training, and full receipt of the of our exposure to industrial chemicals and WHIG knew or had reason to know were disability compensation to which they are enti- pollutants. Bio-monitoring studies report the questionable or false. tled. Tragically, we are failing our Nation’s vet- presence of hundreds of synthetic chemicals In the buildup to the war, these materials erans. in our bodies—even in the bodies of infants included but were not limited to possible er- It is our duty to provide men and women re- roneous claims that Iraq sought uranium and fetuses. These chemicals are not house- from Niger; that Iraq’s aluminum tubes turning from service with the resources to hold names: bisphenol A, brominated flame could be used only for nuclear weapons pur- seamlessly resume their lives as civilians. This retardants, phthalates, and perfluoro com- poses; and that Iraq was a training ground means providing them with exceptional edu- pounds. Yet we are exposed every day—on for Al Qaeda operatives. cational opportunities, job training and health the job, through our food and water, and in Following these and similar claims, an ag- care. our homes. Computers, cosmetics, even chil- gressive media assault continued. In mid- We must abolish the Disabled Veterans dren’s toys can contribute to our collective September 2002, Condoleeza Rice stated that Tax, a tax that forces disabled military retirees action on Iraq was necessary because, ‘‘We ‘‘body burden’’ of chemical contamination. to give up one dollar of their pension for every Tens of thousands of chemicals have never don’t want the smoking gun to be a mush- dollar of disability pay they receive. Abolishing room cloud.’’ been properly assessed for their potential Vice President Cheney also appeared that this tax is critical to the nearly 400,000 military health and environmental risks. The problem month on ‘‘Meet the Press’’ stating that Sad- retirees who continue to pay it. We should can be traced to the 1976 federal law that was dam Hussein was ‘‘actively and aggres- work together in the U.S. House of Represent- meant to empower the Environmental Protec- sively’’ working towards a nuclear bomb. atives to increase the benefits veterans re- tion Agency (EPA) to take action on such President Bush himself claimed during a ceive and to make them mandatory. threats. The Toxic Substances Control Act 2002 major speech in Cincinnati: ‘‘We’ve Our soldiers and veterans have made the (TSCA) has been in place for 29 years, but learned that Iraq has trained al Qaeda mem- ultimate sacrifice by placing themselves in bers in bomb- making and deadly gases.’’ has failed to protect Americans from dan- harm’s way to protect democracy in our coun- gerous chemicals. The American people deserve answers re- try and around the world. I am grateful to garding the truth about information peddled A July 2005 report by the Governmment Ac- by WHIG. these brave men and women for the sacrifices countability Office documented the abysmal I urge my colleagues to do no more than they have made, the patriotism they have results of this federal policy. Of the 62,000 their Congressional service demands—we demonstrated, and the courage and love they chemicals on the market when the law took ef- must investigate possible wrongdoing by the have displayed for our country. Let us all take fect, the EPA has used its authority under the Executive Branch. a moment to reflect and to thank our Nation’s If you do not fear the truth, you will vote Toxic Substances Control Act to evaluate less soldiers who have served and those who are than two hundred, and invoked its power to to report this resolution favorably. still serving to protect liberty and justice for us f regulate just five groups of chemicals. all. This system is badly broken. PERSONAL EXPLANATION f The Kid Safe Chemicals Act will reform our KID SAFE CHEMICALS ACT OF 2005 failed approach to chemical regulation and put HON. MIKE PENCE us on track to reassert U.S. leadership. This legislation will protect kids by recognizing their OF INDIANA HON. HENRY A. WAXMAN special vulnerabilities and requiring manufac- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES turers to provide health and safety information Thursday, November 10, 2005 prior to distributing a chemical in consumer Mr. PENCE. Mr. Speaker, I was detained Thursday, November 10, 2005 products. This will end the false presumption the afternoon of November 9, 2005. Had I Mr. WAXMAN. Mr. Speaker, today, I am that we have relied upon for too long—that a been present, I would have voted in the fol- pleased to introduce the ‘‘Child, Worker and substance is safe until proven dangerous. lowing manner: Consumer-Safe Chemicals Act of 2005,’’ also This legislation is endorsed by the American Rollcall 581 (On Passage—H.R. 2862)— known as the ‘‘Kid Safe Chemicals Act.’’ I am Public Health Association, the Natural Re- ‘‘aye’’; rollcall 582 (On Passage—S. 1894)— particularly pleased that Representatives sources Defense Council, and over a dozen ‘‘aye’’; rollcall 583 (On Agreeing to the Scott SOLIS, SLAUGHTER, and PALLONE are joining pediatricians, other physicians and research- #9 Amendment)—‘‘nay’’; rollcall 584 (On Mo- me in this effort to create a non-toxic environ- ers from the National Centers for Children’s tion to Recommit with Instructions—H.R. ment to protect the health of children, workers Environmental Health. This legislation is a 1751)—‘‘nay’’; and rollcall 585 (On Passage— and others. strong starting point in a debate our country H.R. 1751)—‘‘aye.’’ The legislation we introduce today is com- needs to have. I am proud to introduce Sen- f panion legislation to an important bill that was ator LAUTENBERG’s legislation in the House introduced in the U.S. Senate earlier this year. and look forward to working with colleagues in REMARKS REGARDING VETERANS Senators LAUTENBERG and JEFFORDS intro- both chambers to act upon it as soon as pos- DAY duced S. 1391 with Senators BOXER, CLINTON, sible. CORZINE, KENNEDY and KERRY to address the f HON. AL GREEN major problem of inadequate chemical regula- OF TEXAS tion in this country. GYNECOLOGICAL RESOLUTION FOR ADVANCEMENT OF OVARIAN IN THE HOUSE OF REPRESENTATIVES The United States’ current regulatory approach to chemicals is in dire need of being CANCER EDUCATION Thursday, November 10, 2005 modernized. As Congress begins to take up Mr. AL GREEN of Texas. Mr. Speaker, it is this issue, the European Union is starting to SPEECH OF because of the great sacrifices of the men and resolve a multi-year process to achieve the HON. BOBBY L. RUSH women in our armed forces that we are able same goal and is developing what may be- OF ILLINOIS to live in freedom. We are committed and income the state-of-the-art approach to chemi- IN THE HOUSE OF REPRESENTATIVES debted to America’s veterans who have risked cals regulation. While this issue is proceeding their lives to protect liberty and defend free- overseas, we cannot sit upon our hands here Monday, November 7, 2005 dom both here in the United States and in the United States. It’s clear that our system Mr. RUSH. Mr. Speaker, on Monday, when abroad. Today, I take the opportunity to recog- must be modernized, and I have no doubt that the House considered H. Res. 444, a Gyneco- nize the sacrifices our veterans have made it will be modernized. Our goal is that Con- logical Resolution for Advancement of Ovarian serving our country and I extend to them my gress begin this process sooner rather than Cancer Education, I was unavoidably detained deep felt admiration. later. in my Chicago district. I would like to take this

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.054 E10NOPT1 E2338 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 opportunity to express my support for this res- violence against judges and employees of the to veto the bill because it protects people’s olution, which has been sponsored by my courts. It increases penalties against those right to privacy. This is the wrong message to good friend and colleague, RALPH HALL of who threaten, assault, or murder judges, as be sending to the citizens of the United Texas, to bring attention to a disease that has well as court and law enforcement personnel. States. afflicted one of his long time staff members, Members of the judiciary and their staff are Despite the bill’s serious shortcomings, it Grace Warren. critical to ensuring that all Americans have ac- contains important investments in federal re- That disease is ovarian cancer. cess to our courts and to guaranteeing that search and development as well as law en- Mr. Speaker, ovarian cancer is the fourth justice and fairness remain essential values of forcement and crime prevention initiatives. On leading cause of cancer mortality among our society. balance, this bill merits passage, and I urge women in the United States. Research has Many Democratic amendments were ac- my colleagues to join me in voting Yes. proven that early detection of the disease can cepted during debate in the Judiciary Com- f improve the long term survival rates among mittee that make this a stronger bill. The those with the disease dramatically yet, unfor- changes focused on providing increased SAYING FAREWELL TO HOUSE tunately, there are few, if any, effective meth- grants to state and local governments to pre- PARLIAMENTARIAN MUFTIAH ods of early detection. As a result, often when vent violence. This bill includes grant pro- MCCARTIN the disease has been diagnosed, it is often far grams for states to assess court safety, to im- SPEECH OF advanced. prove witness protection programs, to create While the mortality rates have decreased in databases to track domestic crime and ter- HON. JERRY LEWIS the United States for other cancers, they have rorism and to develop programs to help juve- OF CALIFORNIA remained high for women with ovarian cancer. nile witnesses. IN THE HOUSE OF REPRESENTATIVES This is the result, in part, because the symp- Court officials in Minnesota have stated that Wednesday, November 9, 2005 toms of the disease are not well understood these dollars will be extremely useful in pro- and in part, because there are no reliable and tecting witnesses who are often reluctant to Mr. LEWIS of California. Mr. Speaker, I rise reasonably priced screening tests to detect the testify for fear of their safety. The courts can in tribute to an outstanding member of the disease in its early stages. Statistics from the use this funding for temporary or permanent House Parliamentarian’s office who is retiring Centers for Disease Control and Prevention relocation to help keep witnesses, who are today after nearly 30 years of service. Muftiah indicate that more than 22,000 American vital to successfully prosecuting criminal McCartin will be retiring from her position as women will be diagnosed with the disease this cases, remain safe. In addition, special train- Associate Parliamentarian. She will truly be year, yet last year, the National Cancer Insti- ing for court staff, judges, and attorneys will missed. tute dedicated approximately one-fifth of the help make juvenile witnesses more com- Muftiah has been a part of this institution research dollars to ovarian cancer as it does fortable and able to deal with their important longer than most Members. She began her to breast cancer. role in trial. career with the Parliamentarian’s office in Earlier this year, when Ralph advised me Mr. Chairman, this is an important step in 1976, 3 years before I came to the House. that he was sponsoring legislation to increase preventing and prosecuting violence against She started as a Clerk and worked her way up the awareness of ovarian cancer and to dedi- the judiciary and I am pleased that H.R. 1751 to one of the senior positions in the office. As cate resources to research on its causes and passed the House overwhelmingly. a Clerk, she continued her education and cures, I agreed to cosponsor the legislation. f eventually earned her law degree. She be- Not only as a testament to Grace, and to the came the first woman to be appointed a Par- CONFERENCE REPORT ON H.R. 2862, strength and courage which she has dem- liamentarian in 1991. Her story is truly one of SCIENCE, STATE, JUSTICE, COM- onstrated while battling this devastating dis- personal and professional excellence, initia- MERCE, AND RELATED AGEN- ease, but to all of the women in this country tive, and dedication to her responsibilities. CIES APPROPRIATIONS ACT, 2006 who are the victims of ovarian cancer and Mr. Speaker, the Committee on Appropria- tions is particularly sad to see Muftiah leave. other gynecological cancers. SPEECH OF Mr. Speaker, I am pleased and proud that Her knowledge of parliamentary rules and the House has passed this resolution over- HON. BOB ETHERIDGE precedents as they pertain to appropriations whelmingly. It is my hope that the Senate will OF NORTH CAROLINA bills is unsurpassed, as is her knowledge of soon follow suit and pass similar legislation. IN THE HOUSE OF REPRESENTATIVES the budget process. The Committee has always had tremendous confidence in her skills Grace Warren, and the other victims of this Wednesday, November 9, 2005 disease, deserve no less. and ability to proffer accurate advice. With nu- Mr. ETHERIDGE. Mr. Speaker, I rise in sup- merous regular and supplemental appropria- f port of the Fiscal Year 2006 Science, State, tions bills coming to the House floor each SECURE ACCESS TO JUSTICE AND Justice, Commerce Appropriations act be- year, the Committee relied on her expertise COURT PROTECTION ACT OF 2005 cause it includes several meritorious provi- extensively. The words ‘‘check with Muftiah’’ sions, including a directive to the Federal were heard over and over again in the Com- SPEECH OF Trade Commission to investigate price mittee’s offices. gouging by oil companies as well as continued The Committee’s high admiration of HON. BETTY McCOLLUM funding for Economic Development Assistance Muftiah’s professional skills is matched by the OF MINNESOTA grants. Committee’s appreciation of the calm and IN THE HOUSE OF REPRESENTATIVES Unfortunately, once again the House Re- composed manner in which she performed her Wednesday, November 9, 2005 publican leadership has slashed State and duties. She is always approachable and willing The House in Committee of the Whole local law enforcement assistance grants de- to take time to work on any matter, even when House on the State of the Union had under spite the growing responsibilities of our First the other demands on her time are huge. She consideration the bill (H.R. 1751) to amend Responders in the ongoing efforts on home- always approaches her work with a smile and title 18, United States Code, to protect land security. keeps her sense of humor. In addition to the judges, prosecutors, witnesses, victims, and I am also concerned that this bill cuts the professional relationships she developed with their family members, and for other pur- Small Business Administration’s 7(a) loan pro- the staff of the Committee, many highly valued poses: gram. Small businesses are the backbone of personal friendships arose during her time Ms. MCCOLLUM of Minnesota. Mr. Chair- our nation’s economy, and now, when they with us. man, I rise today to make known my position are struggling with a weak economy and the Muftiah will now be able to spend more time on H.R. 1751. Although I was on the floor yes- high cost of fuel and transportation, is not the with her family—her husband Terry, and her terday during the debate on this important leg- time to reduce our support. children Marissa, Elaine, Sandra, and Luke. islation and intended to cast an affirmative And finally, I am sorely disappointed that the She and her family have made a lot of sac- vote, my vote was not recorded. The record Republican leadership has stripped out the rifices over the years. I hope that now she will will reflect that I was present for the preceding Freedom to Read provision that passed this have more time to attend her children’s bas- votes. House with strong bipartisan support on June ketball, soccer, and baseball games as well as I strongly support the Secure Access to Jus- 15th of this year, as it has in previous years. other family activities that are so important. tice and Court Protection Act of 2005. This Despite the support of an overwhelming ma- Mr. Speaker, on behalf of the Members and legislation was written in response to recent jority of Members, the Administration threatens staff of the Committee on Appropriations, I

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.058 E10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2339 want to wish Muftiah well as she embarks on Middle East will experience democracy, free- TRIBUTE TO FRANK COLLAZO AND this next phase of her life’s journey. I also dom, peace, economic prosperity and toler- THE EMPLOYEES OF COLSA COR- genuinely thank her for all that she has done ance. I believe this funding is critical to achiev- PORATION for the House and for the Committee, and I ing that goal and must remain a top priority for want her to know that she will be missed. Congress. HON. ROBERT E. (BUD) CRAMER, JR. f I know many other parts of the world have OF ALABAMA IN THE HOUSE OF REPRESENTATIVES CONFERENCE REPORT ON H.R. 3057, come to depend on American foreign aid, and FOREIGN OPERATIONS, EXPORT clearly there is no more generous nation than Thursday, November 10, 2005 the United States. I believe this bill does not FINANCING, AND RELATED PRO- Mr. CRAMER. Mr. Speaker, I rise today to go far enough in addressing the looming fiscal GRAMS APPROPRIATIONS ACT, congratulate Frank Collazo and all of the em- crisis our Nation currently faces. We must pro- 2006 ployees of the COLSA Corporation on the tect the integrity of the budget laws and rules company’s 25th anniversary. SPEECH OF Congress has established and work harder to Mr. Collazo founded the COLSA Corpora- protect the family budget from the federal tion in his home in Huntsville, Alabama. Today HON. JEB HENSARLING budget. Thus, I cannot support H.R. 3057 as OF TEXAS COLSA has locations in Huntsville; Colorado written. Springs, Colorado; Orlando and Shalimar, IN THE HOUSE OF REPRESENTATIVES Florida; San Diego, California; and Wash- Friday, November 4, 2005 f ington, D.C. Mr. HENSARLING. Mr. Speaker, today, the SECURE ACCESS TO JUSTICE AND Mr. Speaker, COLSA has been recognized House of Representatives approved the con- COURT PROTECTION ACT as a leader in the defense industry. It works ference report for H.R. 3057, legislation to with a number of governmental agencies in- fund American projects abroad in Fiscal Year cluding NASA, AMCOM, SMDC, MDA, MSIC, 2006. I would like to mention how much I ap- HON. RUSH D. HOLT the NSA, the U.S. Navy, and the U.S. Air Force. preciate the hard work of my friend from Cali- OF NEW JERSEY fornia, Chairman LEWIS, in bringing this bill to COLSA’s employees provide a wide variety the floor. This is no easy task. Unfortunately, IN THE HOUSE OF REPRESENTATIVES of services to its clients including IT Services, I cannot support this legislation because I be- Thursday, November 10, 2005 Complex Systems Integration, Software Engi- lieve it represents a disservice to taxpaying neering and Analysis, Business Management American families. Several times already this Mr. HOLT. Mr. Speaker, yesterday the Solutions, and Modeling and Simulation. They year, I have opposed legislation that violates House considered the so-called Secure Ac- also provide Test and Evaluation Support, Se- either the Budget Act or increases spending cess to Justice and Court Protection Act, curity Solutions, Intelligence Support, Advance by significant levels. Congress must learn to H.R.1751. Algorithms Services, and Engineering Serv- live by these funding levels or we will leave We have all heard of the tragic and deeply ices. our children and grandchildren a huge and un- troubling violence directed at judges or other Despite its short history, COLSA has re- fair financial burden as their inheritance. court employees. In just March of this year, ceived the Department of Defense’s Small At this crucial time in our Nation’s history U.S. District Judge Joan H. Lefkow came Business Prime Contractor of the Year, the Congress needs to make the necessary and home from a day at work to discover her hus- James S. Cogswell Award for Security Excel- tough choices about spending. Unfortunately, band and mother shot dead in the basement. lence, and the American Business Ethics H.R. 3057 does not achieve that goal and We clearly need to act to help protect the lives Award, among others. vastly exceeds funding in previous years. Al- and security of all federal court employees, in- Mr. Speaker, I appreciate Frank and the en- though H.R. 3057 was within the limits of the cluding judges. tire COLSA team for their hard work and dedication towards strengthening our military and budget allocations, the bill costs $1.24 billion H.R. 1751 would authorize the appropriation intelligence capabilities and I congratulate more than last year’s bill, for a total price tag of additional funds over the next five years to them on 25 years of service to our country. of almost $21 billion, a 6 percent increase. It increase court security, and to provide grants Mr. Speaker, on behalf of the United States also includes a gratuitous 40 percent increase to States do the same and to help protect wit- House of Representatives and everyone in in funding for the Export Import Bank, as well nesses. The bill would also toughen the pen- North Alabama, I would like to thank the as several questionable earmarks, including alties on the books for threatening or commit- COLSA Corporation for its commitment to the $2.3 million for the International Fertilizer De- ting acts of violence against federal judges or war fighter and the security of our nation. velopment Center. We must show more fiscal court employees. f responsibility and more accountability. While I support and believe we need to pro- While I cannot support H.R. 3057 because tect federal court employees, there are too CONGRATULATING SGT. JEREMY of its budgetary implications, I am pleased that many troubling and fundamental problems with KAMPHUIS FOR BEING NAMED the bill contains $2.5 billion in important assist- this bill for me to support it. 2005 U.S. ARMY NONCOMMIS- ance to aid our friend and ally, Israel. The SIONED OFFICER OF THE YEAR package includes $2.2 billion in military aid This bill creates 22 new mandatory minimum penalties. Mandatory minimum penalties and $240 million in economic assistance, as HON. VERNON J. EHLERS well as important oversight provisions to en- do not work. They discount mitigating factors OF MICHIGAN sure that aid to the Palestinians is spent prop- in crimes, prevent judges from meting out pun- IN THE HOUSE OF REPRESENTATIVES erly. Further, the bill spends $50 million for ishments that are tailored to the criminal, and Israel to help facilitate the movement of peo- mandatory minimum have proven discrimina- Thursday, November 10, 2005 tory to people of color. They may make legis- ple and goods in Palestinian areas. Israel con- Mr. EHLERS. Mr. Speaker, I rise today to lators feel good but they have been shown not tinues to be a bastion of freedom and democ- honor and congratulate Sgt. Jeremy Kamphuis to reduce crime rates. Even the Judicial Con- racy in a part of the world where too many for being named the 2005 U.S. Army Non- ference, the group that represents Federal despots and dictators rule. I believe the United commissioned Officer of the Year. Sgt. judges, has said that mandatory minimums States must support and stand by Israel or its Kamphuis is a member of the 127th Military violate common sense. very existence could be jeopardized. Police Company, stationed in Hanau, Ger- Earlier this year, Israel took the unprece- Also troubling is the fact that this legislation many. His hometown is Grand Rapids, Michi- dented and expensive step of dismantling cer- creates seven additional death penalties. Yet, gan, in the Third Congressional District of tain settlements located in disputed areas. Be- research has shown that capital punishment is Michigan, which I represent, and where his cause of this, and other good-faith gestures on not a deterrent to crime. Let me repeat, the parents, Don and Mary Kamphuis, also reside. the part of Israel, I will continue to do every- death penalty simply does not reduce crime. Sgt. Kamphuis, 23, enlisted with the U.S. thing in my power to ensure that U.S. foreign The death penalty is also flawed because it is Army Reserves in August 2000 shortly after policy is geared towards achieving a just and applied unevenly and unjustly along racial graduating from Covenant Christian High lasting peace in the region. As a Member of lines, and far too often is applied to someone School and signed up for active duty in Octo- Congress who has been to Israel and has who is only later exonerated, often too late. ber 2003. In April 2004, Sgt. Kamphuis was seen Tel Aviv teeming with life and commerce, Given these two deeply troubling problems deployed with his fellow members of the 127th it is my hope that one day the people of the with this bill, I cannot support it. Military Police Company from their base in

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.061 E10NOPT1 E2340 CONGRESSIONAL RECORD — Extensions of Remarks November 10, 2005 Hanau, Germany, to Baghdad, where they with nine other finalists, competing for 5 days to do his job as a member of and trainer for were involved in the very important work of and enduring stringent physical and mental the 127th Military Police Company. training Iraqi police. challenges. The final challenge was a six-mile On the occasion of Veterans Day, I want to Earlier this year, three weeks after returning run in which Sgt. Kamphuis and his competi- from his Iraq deployment, Sgt. Kamphuis’s tors each had to wear a full uniform, 40 commend Sgt. Jeremy Kamphuis and all his commanding officer suggested that he partici- pounds of body armor, a 40-pound pack and comrades for the jobs they do in protecting pate in the Noncommissioned Officer competi- combat boots. Sgt. Kamphuis completed the our country and our world each and every tion. After winning four lower levels, beginning course in one hour, 10 minutes. day. Thank you and congratulations to Sgt. at battalion level and through his brigade and As the Army’s Noncommissioned Officer of Kamphuis on being named the U.S. Army’s the Fifth Army Corps, Sgt. Kamphuis found the Year, Sgt. Kamphuis will represent the Noncommissioned Officer of the Year. himself at Fort Lee, Virginia, this September Army on key occasions, as well as continuing

VerDate Aug 31 2005 05:22 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A10NO8.065 E10NOPT1 Thursday, November 10, 2005 Daily Digest Senate Nostra Aetate: Senate agreed to H. Con. Res. Chamber Action 260, recognizing the 40th anniversary of the Second Routine Proceedings, pages S12631–S12719 Vatican Council’s promulgation of Noestra Aetate, Measures Introduced: Thirteen bills and nine reso- the declaration on the relation of the Roman Catho- lutions were introduced, as follows: S. 1989–2001, lic Church to non-Christian religions, and the his- and S. Res. 302–310. Pages S12681–82 toric role of Nostra Aetate in fostering mutual inter- Measures Reported: religious respect and dialogue. Pages S12710–11 Special Report entitled ‘‘Further Revised Alloca- National Stalking Awareness Month: Committee tion to Subcommittees of Budget Totals from the on the Judiciary was discharged from further consid- Concurrent Resolution for Fiscal Year 2006’’. (S. eration of S. Con. Res. 10, raising awareness and en- Rept. No. 109–176) couraging prevention of stalking by establishing Jan- S. 1182, to amend title 38, United States Code, uary 2006 as ‘‘National Stalking Awareness Month’’, to improve health care for veterans, with an amend- and the resolution was then agreed to. Page S12711 ment in the nature of a substitute. (S. Rept. No. 109–177) Page S12681 National Military Family Month: Committee on the Judiciary was discharged from further consider- Measures Passed: ation of S. Res. 9, expressing the sense of the Senate Veterans Day 2005: Senate agreed to S. Res. 305, regarding designation of the month of November as expressing the sense of the Senate regarding Veterans ‘‘National Military Family Month’’, and the resolu- Day 2005. Pages S12703–07 tion was then agreed to, after agreeing to the fol- Recognizing Veterans Day: Senate agreed to S. lowing amendment proposed thereto: Page S12711 Res. 306, recognizing that Veterans Day is a day to Frist (for Inouye) Amendment No. 2520, to strike honor all veterans of the Army and to support the certain provisions. Page S12711 Army Freedom Team Salute’s mission to recognize Ethics in Government Act Amendment: Com- the unsung heroes who have served this country. mittee on Homeland Security and Governmental Af- Pages S12707–08 fairs was discharged from further consideration of S. Honoring Filipino Veterans: Senate agreed to S. 1558, to amend the Ethics in Government Act of Res. 307, to recognize and honor the Filipino World 1978 to protect family members of filers from dis- War II veterans for their defense of democratic ideals closing sensitive information in a public filing and and their important contribution to the outcome of to extend for 4 years the authority to redact financial World War II. Page S12708 disclosure statements of judicial employees and judi- Year of Study Abroad: Senate agreed to S. Res. cial officers, and the bill was then passed, after 308, designating 2006 as the ‘‘Year of Study agreeing to the following amendments proposed Abroad’’. Pages S12708–09 thereto: Pages S12711–12 Sympathy for People of Jordan: Senate agreed to Frist (for Leahy) Amendment No. 2521, in the S. Res. 309, expressing sympathy for the people of nature of a substitute. Page S12712 Jordan in the aftermath of the deadly terrorist at- Frist (for Leahy) Amendment No. 2522, to amend tacks in Amman on November 9, 2005. the title. Page S12712 Pages S12709–10 Protecting American Goods and Services Act: Honoring Israeli Prime Minister Yitzhak Senate passed S. 1095, to amend chapter 113 of title Rabin: Senate agreed to S. Res. 310, honoring the 18, United States Code, to clarify the prohibition on life, legacy, and example of Israeli Prime Minister the trafficking in goods or services, after agreeing to Yitzhak Rabin on the tenth anniversary of his death. the committee amendment in the nature of a sub- Page S12710 stitute. Pages S12712–14 D1186

VerDate Aug 31 2005 04:58 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1187 Stop Counterfeiting in Manufactured Goods Warner (for Akaka) Amendment No. 2485, to es- Act: Senate passed S. 1699, to amend title 18, tablish the National Foreign Language Coordination United States Code, to provide criminal penalties for Council to develop and implement a foreign lan- trafficking in counterfeit marks, after agreeing to the guage strategy, previously agreed to on Wednesday, committee amendment. Pages S12714–18 November 9, 2005, was modified by unanimous Department of Defense Authorization: Senate consent. Pages S12670–72 continued consideration of S. 1042, to authorize ap- Warner (for Feingold) Modified Amendment No. propriations for fiscal year 2006 for military activi- 1550, to improve national security through the es- ties of the Department of Defense, for military con- tablishment of a Civilian Linguist Reserve Corps struction, and for defense activities of the Depart- Pilot Project within the Department of Defense ment of Energy, to prescribe personnel strengths for comprised of citizens fluent in foreign languages such fiscal year for the Armed Forces, taking action who would be available to provide translation serv- on the following amendments proposed thereto: ices and related duties, as needed, previously agreed Pages S12638–48, S12651–76 to on Wednesday, November 9, 2005, was further Adopted: modified by unanimous consent. Pages S12672–75 By 89 yeas to 8 nays (Vote No. 317), Talent A unanimous-consent agreement was reached pro- Amendment No. 2477, to modify the multiyear providing for consideration of certain remaining first- curement authority for C-17 aircraft. Page S12644 degree amendments to the bill, other than any man- Roberts/Rockefeller Modified Amendment No. agers amendments that are cleared; further, that 2514 (to Amendment No. 2507), in the nature of there be three second-degree amendments in order to a substitute. Pages S12653–55, S12661 the Graham Amendment No. 2515 (listed above); By 82 yeas to 9 nays (Vote No. 318), Kerry that all amendments be offered and debated on Mon- Amendment No. 2507, to require reports on clan- day, November 14, 2005, under the previous limita- destine facilities for the detention of individuals cap- tions; that on Tuesday, November 15, 2005, at a tured in the global war on terrorism, as amended. time determined by the Majority Leader, after con- Pages S12645–48, S12652–53, S12662, S12665–66 sultation with the Democratic Leader, Senate vote By division vote, Lautenberg Modified Amend- on, or in relation to, Warner/Frist Amendment No. ment No. 2478, to prohibit individuals who know- 2518 (listed above), to be followed by a vote on, or ingly engage in certain violations relating to the in relation to, Levin Amendment No. 2519 (listed handling of classified information from holding a se- above), to be followed by votes on, or in relation to, curity clearance. Pages S12661–62, S12666 the second-degree amendments in the order offered, By 49 yeas to 42 nays (Vote No. 319), Graham to be followed by a vote on Graham Amendment Amendment No. 2516 (to Amendment No. 2515), No. 2515 (listed above), as amended; that following those votes the Senate vote on final passage of the of a perfecting nature. Pages S12666–68 Rejected: bill; and that there be 30 minutes divided equally By 44 yeas to 53 nays (Vote No. 316), Dorgan between the two managers prior to the start of the Amendment No. 2476, to establish a special com- voting sequence. Pages S12702–03 mittee of the Senate to investigate the awarding and A unanimous-consent agreement was reached pro- carrying out of contracts to conduct activities in Af- viding for further consideration of the bill at 2 p.m. ghanistan and Iraq and to fight the war on ter- on Monday, November 14, 2005. Page S12718 rorism. Pages S12639–44 Foreign Operations Appropriations Conference Pending: Report: By a unanimous vote of 91 yeas (Vote No. Graham Amendment No. 2515, relating to the 320), Senate agreed to the conference report to ac- review of the status of detainees of the United States company H.R. 3057, making appropriations for the Government. Pages S12655–65 Department of State, foreign operations, and related Warner/Frist Amendment No. 2518, to clarify programs for the fiscal year ending September 30, and recommend changes to the policy of the United 2006, clearing the measure for the President. States on Iraq and to require reports on certain mat- Pages S12648–51, S12668 ters relating to Iraq. Pages S12668–69 Energy and Water Appropriations Conference Levin Amendment No. 2519, to clarify and rec- Report—Agreement: A unanimous-consent-time ommend changes to the policy of the United States agreement was reached providing that at 4:30 p.m. on Iraq and to require reports on certain matters re- on Monday, November 14, 2005, Senate will con- lating to Iraq. Pages S12669–70, S12675–76 sider the conference report to accompany H.R. 2419, During consideration of this measure today, Senate making appropriations for energy and water develop- also took the following action: ment for the fiscal year ending September 30, 2006,

VerDate Aug 31 2005 04:58 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 D1188 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 2005 with one hour for debate, and at 5:30 p.m. a vote Stephen C. King, of New York, to be a Member on adoption of the conference report. Page S12718 of the Foreign Claims Settlement Commission of the Signing Authority—Agreement: A unanimous- United States for the term expiring September 30, consent agreement was reached providing that dur- 2008. ing this adjournment of the Senate, the Majority Duane Acklie, of Nebraska, to be an Alternate Leader and Senator Allen, be authorized to sign duly Representative of the United States of America to enrolled bills or joint resolutions. Page S12680 the Sixtieth Session of the General Assembly of the United Nations. Removal of Injunction of Secrecy: The injunction Goli Ameri, of Oregon, to be a Representative of of secrecy was removed from the following treaty: the United States of America to the Sixtieth Session Protocol Amending the Convention with Sweden of the General Assembly of the United Nations. on Taxes on Income (Treaty Doc. No. 109–8). Robert C. O’Brien, of California, to be an Alter- The treaty was transmitted to the Senate today, nate Representative of the United States of America considered as having been read for the first time, and to the Sixtieth Session of the General Assembly of referred, with accompanying papers, to the Com- the United Nations. mittee on Foreign Relations and ordered to be print- Donald M. Payne, of New Jersey, to be a Rep- ed. Page S12703 resentative of the United States of America to the Nominations Confirmed: Senate confirmed the fol- Sixtieth Session of the General Assembly of the lowing nominations: United Nations. Donald C. Winter, of Virginia, to be Secretary of Edward Randall Royce, of California, to be a Rep- the Navy. resentative of the United States of America to the Anne W. Patterson, of Virginia, to be an Assist- Sixtieth Session of the General Assembly of the ant Secretary of State (International Narcotics and United Nations. Law Enforcement Affairs). 3 Army nominations in the rank of general. Sue Ellen Wooldridge, of Virginia, to be an As- Routine lists in the Air Force, Army. sistant Attorney General. Pages S12718–19 George J. Opfer, of Virginia, to be Inspector Gen- eral, Department of Veterans Affairs. Messages From the House: Page S12680 Susan C. Schwab, of Maryland, to be a Deputy Measures Referred: Page S12680 United States Trade Representative, with the rank of Executive Communications: Pages S12680–81 Ambassador. (Prior to this action, Committee on Fi- nance was discharged from further consideration). Additional Cosponsors: Pages S12682–84 James M. Andrew, of Georgia, to be Adminis- Statements on Introduced Bills/Resolutions: trator, Rural Utilities Service, Department of Agri- Pages S12684–96 culture. (Prior to this action, Committee on Agri- Additional Statements: Pages S12679–80 culture, Nutrition and Forestry was discharged from further consideration). Amendments Submitted: Pages S12696–S12702 Charles R. Christopherson, Jr., of Texas, to be Authorities for Committees to Meet: Page S12702 Chief Financial Officer, Department of Agriculture. Privileges of the Floor: Page S12702 (Prior to this action, Committee on Agriculture, Nu- trition and Forestry was discharged from further con- Record Votes: Five record votes were taken today. (Total—320) Pages S12644, S12665–68 sideration). Page S12719 Nominations Received: Senate received the fol- Adjournment: Senate convened at 9:30 a.m., and lowing nominations: adjourned at 7:56 p.m., until 2 p.m., on Monday, Robert C. Cresanti, of Texas, to be Under Sec- November 14, 2005. (For Senate’s program, see the retary of Commerce for Technology. remarks of the Majority Leader in today’s Record on David M. Spooner, of Virginia, to be an Assistant page S12718.) Secretary of Commerce. Uttam Dhillon, of California, to be Director of Committee Meetings the Office of Counternarcotics Enforcement, Depart- ment of Homeland Security. (Committees not listed did not meet) Samuel A. Alito, Jr., of New Jersey, to be an As- sociate Justice of the Supreme Court of the United NOMINATIONS States. Committee on Agriculture, Nutrition, and Forestry: Com- Leo Maury Gordon, of New Jersey, to be a Judge mittee concluded a hearing to examine the nomina- of the United States Court of International Trade. tions of Charles R. Christopherson, Jr., of Texas, to

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be Chief Financial Officer, who was introduced by H. Golden, University of Colorado Cooperative Insti- Senator Crapo, and James M. Andrew, of Georgia, to tute for Research in the Environmental Sciences, be Administrator, Rural Utilities Service, both of the Bolder; Michael Garstang, University of Virginia, Department of Agriculture, after the nominees testi- Charlottesville, on behalf of the National Research fied and answered questions in their own behalf. Council; and Thomas P. DeFelice, Sykesville, Mary- NEW BASEL CAPITAL ACCORDS land. Committee on Banking, Housing, and Urban Affairs: NOMINATIONS: Committee concluded a hearing to examine the de- Committee on Energy and Natural Resources: Committee velopment of New Basel Capital Accords, focusing concluded a hearing to examine the nominations of on plans of the U.S. banking agencies to update and Jeffrey D. Jarrett, of Pennsylvania, to be Assistant enhance the regulatory capital program through im- Secretary for Fossil Energy, and Edward F. Sproat plementation of the International Convergence of III, of Pennsylvania, to be Director of the Office of Capital Measurement and Capital Standards, and re- Civilian Radioactive Waste Management, both of the visions to the existing domestic risk-based capital Department of Energy, after the nominees testified framework for banks, after receiving testimony from and answered questions in their own behalf. John C. Dugan, Comptroller of the Currency, and John M. Reich, Director, Office of Thrift Super- AIR QUALITY STANDARDS vision, both of the Department of the Treasury; Committee on Environment and Public Works: Sub- Susan Schmidt Bies, Member, Board of Governors of committee on Clean Air, Climate Change, and Nu- the Federal Reserve System; Donald E. Powell, clear Safety concluded a hearing to examine the im- Chairman, Federal Deposit Insurance Corporation; plementation of the existing particulate matter and Katherine G. Wyatt, New York State Banking De- ozone air quality standards, focusing on the competi- partment, Albany; L. William Seidman, CNBC, and tiveness of the United States in the area of air qual- Daniel K. Tarullo, Georgetown University Law Cen- ity standards, after receiving testimony from Wil- ter, both of Washington, D.C.; William M. Isaac, liam Wehrum, Acting Assistant Administrator, Of- The Secura Group, New York, New York; and fice of Air and Radiation, Environmental Protection George G. Kaufman, Loyola University, Chicago, Il- Agency; Sam Olens, Atlanta Regional Commission, linois, on behalf of U.S. Shadow Financial Regu- Marietta, Georgia, on behalf of the Atlanta Regional latory Committee. Commission; James D. Werner, Delaware Depart- WRIGHT AMENDMENT ment of Natural Resources and Environmental Con- trol, Dover; and Stephen Moret, Baton Rouge Area Committee on Commerce, Science, and Transportation: Sub- Chamber, Baton Rouge, Louisiana. committee on Aviation concluded a hearing to examine the impact of the Wright amendment, which re- PORNOGRAPHY stricts travel into and out of Dallas Love Field for Committee on the Judiciary: Subcommittee on the Con- commercial flights with more than 56 seats, after restitution, Civil Rights, and Property Rights con- ceiving testimony from Senators Inhofe and Bond; cluded a hearing to examine the state interest in Representatives Eddie Bernice Johnson, Granger, and protecting children and families from pornography, Hensarling; Gerard Arpey, American Airlines, Her- after receiving testimony from Rodney A. Smolla, bert D. Kelleher, Southwest Airlines, Kevin E. Cox, University of Richmond School of Law, Richmond, Dallas/Fort Worth International Airport, Sam Coats, Virginia; Jill C. Manning, Brigham Young Univer- North Dallas Chamber of Commerce, and Lori Palm- sity, Provo, Utah, on behalf of the Heritage Founda- er, Love Field Citizens Action Committee, all of tion; Leslie Harris, Center for Democracy and Tech- Dallas, Texas; Brian M. Campbell, Campbell-Hill nology, Washington, D.C.; Richard R. Whidden, Aviation Group, Inc., Alexandria, Virginia; and Wil- Jr., National Law Center for Children and Families, liam S. Swelbar, Eclat Consulting, Inc., Reston, Vir- Fairfax, Virginia; and Pamela Paul, New York, New ginia. York. WEATHER MODIFICATION RESEARCH REBUILDING VA GULF COAST FACILITIES AUTHORIZATION Committee on Veterans Affairs: Committee concluded a Committee on Commerce, Science, and Transportation: Sub- hearing to examine the rebuilding of Department of committee on Science and Space and the Sub- Veterans Affairs’ facilities on the Gulf Coast, focus- committee on Disaster Prevention and Prediction ing on the impact on Veterans Affairs employees, concluded a joint hearing to examine S. 517, to es- and recovery efforts of the Veterans Benefits Admin- tablish a Weather Modification Operations and Re- istration and the National Cemetery Administration, search Board, after receiving testimony from Joseph after receiving testimony from R. James Nicholson,

VerDate Aug 31 2005 04:58 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 D1190 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 2005 Secretary, Jonathan B. Perlin, Under Secretary for grated Service Network 16, all of the Department of Health, and Robert Lynch, Director, Veterans Inte- Veterans Affairs. h House of Representatives H. Res. 505, requesting the President of the Chamber Action United States and directing the Secretary of State to Public Bills and Resolutions Introduced: 19 pub- provide to the House of Representatives certain doc- lic bills, H.R. 4291–4309; 1 private bill, H.R. uments in their possession relating to the White 4310; and 9 resolutions, H. Con. Res. 295–296; and House Iraq Group, adversely (H. Rept. 109–291). H. Res. 545–551 were introduced. Pages H10156–57 Pages H10155–56 Additional Cosponsors: Pages H10157–58 Recess: The House recessed at 10:32 a.m. and re- Reports Filed: Reports were filed today as follows: convened at 4:20 p.m. Page H10151 H.R. 4146, to facilitate recovery from the effects Journal: Agreed to the Speaker’s approval of the of Hurricane Rita and Hurricane Wilma by pro- Journal by voice vote. Page H10151 viding greater flexibility for, and temporary waivers Agreed by unanimous consent to vacate the re- of certain requirements and fees imposed on, deposi- quest for yea and nay votes on H.R. 3665 and H.R. tory institutions, credit unions, and Federal regu- 1953, subsequently votes were taken by voice vote. latory agencies (H. Rept. 109–282); Page H10151 H. Con. Res. 267, expressing the sense of the Congress upholding the Makah Tribe treaty rights, Suspensions: The House agreed to suspend the rules with amendments (H. Rept. 109–283); and pass the following measures which were debated H.R. 323, to redesignate the Ellis Island Library earlier in the Legislative week: on the third floor of the Ellis Island Immigration Veterans Housing and Employment Improve- Museum, located on Ellis Island in New York Har- ment Act of 2005: H.R. 3665, amended, to amend bor, as the ‘‘Bob Hope Memorial Library’’ (H. Rept. title 38, United States Code, to authorize the Sec- 109–284); retary of Veterans Affairs to provide adaptive hous- H.R. 679, to direct the Secretary of the Interior ing assistance to disabled veterans residing tempo- to convey a parcel of real property to Beaver County, rarily in housing owned by a family member and to Utah (H. Rept. 109–285); make direct housing loans to Native American vet- H.R. 1096, to establish the Thomas Edison Na- erans; Page H10151 tional Historical Park in the State of New Jersey as Agreed to amend the title so as to read: ‘‘A bill the successor to the Edison National Historic Site, to provide adaptive housing assistance to disabled with an amendment (H. Rept. 109–286); veterans residing temporarily in housing assistance to H.R. 1436, to remove certain use restrictions on disabled veterans residing temporarily in housing property located in Navajo County, Arizona (H. owned by a family member, to make certain im- Rept. 109–287); provements in veterans employment assistance pro- H.R. 1564, to authorize the Secretary of the Inte- grams, and for other purposes.’’; and Page H10151 rior to convey certain buildings and lands of the Yakima Project, Washington, to the Yakima-Tieton San Francisco Old Mint Commemorative Coin Irrigation District (H. Rept. 109–288); Act: H.R. 1953, to require the Secretary of the H.R. 1972, to direct the Secretary of the Interior Treasury to mint coins in commemoration of the to conduct a special resource study to determine the Old Mint at San Francisco, otherwise known as the suitability and feasibility of including in the Na- ‘‘Granite Lady’’. Page H10151 tional Park System certain sites in Williamson Meeting Hour: Agreed that when the House ad- County, Tennessee, relating to the Battle of Frank- journs today, it adjourn to meet at 6 p.m. on Mon- lin, with an amendment (H. Rept. 109–289); day, November 14th, and when the House adjourns H.R. 3443, to direct the Secretary of the Interior on Monday, it adjourn to meet at 10:30 a.m. on to convey certain water distribution facilities to the Tuesday, November 15th, for Morning Hour Debate. Northern Colorado Water Conservancy District (H. Page H10152 Rept. 109–290); and

VerDate Aug 31 2005 04:58 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 November 10, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1191 Calendar Wednesday: Agreed to dispense with the BROADCASTING BOARD OF GOVERNORS Calendar Wednesday business of Wednesday, No- AND ALHURRA TELEVISION vember 16th. Page H10152 Committee on International Relations: Subcommittee on Quorum Calls—Votes: There were no Yea-and-Nay Oversight and Investigations held a hearing on votes, and there were no Recorded votes. There were Broadcasting Board of Governors and Alhurra Tele- no quorum calls. vision. Testimony was heard from Kenneth Y. Tom- Adjournment: The House met at 10 a.m. and ad- linson, Chairman, Board of Broadcasting Governors; journed at 4:43 p.m. Mouafac Harb, News Director, Alhurra Television Network; and a public witness. Committee Meetings STREAMLINED PROCEDURES ACT WORKPLACE RELIGIOUS FREEDOM ACT OF Committee on the Judiciary: Subcommittee on Crime, 2005 Terrorism, and Homeland Security held a hearing on H.R. 3035, Streamlined Procedures Act of 2005. Committee on Education and the Workforce: Sub- Testimony was heard from Tom Dolgenos, Chief, committee on Employer-Employee Relations held a Federal Litigation Unit, District Attorney’s Office, hearing on H.R. 1445, Workplace Religious Free- Philadelphia, Pennsylvania; Kent Cattani, Chief dom Act of 2005. Testimony was heard from Rep- Counsel, Capital Litigation Section Attorney Gen- resentatives Souder and McCarthy; and public wit- eral’s Office, Phoeniz, Arizona; and public witnesses. nesses. RIGHT TO REPAIR HOW ILLEGAL IMMIGRATION IMPACTS CONSTITUENCIES Committee on Energy and Commerce: Subcommittee on Commerce, Trade, and Consumer Protections held a Committee on the Judiciary: Subcommittee on Immi- hearing entitled ‘‘Right to Repair: Industry Discus- gration, Border Security, and Claims held an over- sions and Legislative Options’’, Testimony was heard sight hearing entitled ‘‘How Illegal Immigration Im- from James Kohm, Associate Director, Bureau of pacts Constituencies: Perspectives from Members of Consumer Protection, Division of Marketing Prac- Congress.’’ Testimony was heard from Representa- tices, FTC; and public witnesses. tives Bonilla, Pearce and Guitierrez. Hearings continue November 15. OVERSIGHT—EXPORT-IMPORT BANK FOREST EMERGENCY RECOVERY AND Committee on Financial Services: Subcommittee on Do- RESEARCH ACT mestic and International Monetary Policy, Trade, and Technology and the Subcommittee on Oversight Committee on Resources: Subcommittee on Forests and and Investigations held a joint hearing entitled Forest Health held a hearing on H.R. 4200, Forest ‘‘Oversight of the Export-Import Bank of the United Emergency Recovery and Research Act. Testimony States’’. Testimony was heard from James H. was heard from Dale Bosworth, Chief, Forest Service, Lambright, Chairman and Acting President, Export- USDA; Lynn Scarlett, Assistant Secretary Policy, Import Bank of the United States; and public wit- Management, and Budget, Department of the Inte- nesses. rior; and public witnesses. BRIEFING—MEDICAL COUNTERMEASURES NEPA LITIGATION FOR NUCLEAR ATTACK Committee on Resources: NEPA Task Force held a hear- Committee on Homeland Security: Subcommittee on Pre- ing on NEPA Litigation: The Causes, Effects and So- vention of Nuclear and Biological Attack met in ex- lutions. Testimony was heard from former Senator J. ecutive session to receive a briefing on medical coun- Bennett Johnston of Louisiana; and public witnesses. termeasures for nuclear attack. The Committee was briefed by departmental witnesses. MISCELLANEOUS MEASURES Committee on Resources: Subcommittee on National PUBLIC DIPLOMACY—AROUND-THE- Parks held a hearing on the following bills: H.R. WORLD REVIEW 413, Bleeding Kansas National Heritage Act; H.R. Committee on International Relations: Held a hearing on 452, To authorize the Secretary of the Interior to An Around-the-World Review of Public Diplomacy. conduct a study to determine the suitability and fea- Testimony was heard from Karen P. Hughes, Under sibility of designating the Soldiers’ Memorial Mili- Secretary, Public Diplomacy and Public Affairs, De- tary Museum located in St. Louis, Missouri, as a unit partment of State. of the National Park System; and H.R. 1307,

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Musconetcong Wild and Scenic Rivers Act. Testi- CONGRESSIONAL PROGRAM AHEAD mony was heard from Representatives Ryun of Kan- sas, Clay and Garrett; Janet Snyder Matthews, Asso- Week of November 14 through November 19, ciate Director, Cultural Resources, National Park 2005 Service, Department of the Interior; and public witnesses. Senate Chamber On Monday, at 2 p.m., Senate will resume consid- ROLE OF SOCIAL SECURITY RESEARCH IN eration of S. 1042, National Defense Authorization. DISASTER PREPAREDNESS AND RESPONSE Senate will consider the conference report to accompany H.R. 2419, Energy and Water Appropriations, Committee on Science: Subcommittee on Research held with one hour for debate, and at 5:30 p.m., vote on a hearing on the Role of Social Science Research in adoption of the conference report. Disaster Preparedness and Response. Testimony was On Tuesday, Senate will continue consideration of heard from public witnesses. S. 1042, National Defense Authorization, with a vote on, or in relation to, Warner/Frist Amendment No. 2518, to be followed by a vote on, or in relation Joint Meetings to, Levin Amendment No. 2519, to be followed by votes on or in relation to, certain second-degree TRANSPORTATION/TREASURY/HUD/ amendments, followed by a vote on Graham Amend- JUDICIARY/DC ment No. 2515, as amended, followed by a vote on Conferees met to resolve the differences between the final passage of the bill. Senate and House passed versions of H.R. 3058, During the balance of the week, Senate will con- making appropriations for the Departments of Trans- sider any other cleared legislative and executive busi- portation, Treasury, and Housing and Urban Devel- ness, including appropriation conference reports, opment, the Judiciary, District of Columbia, and when available. independent agencies for the fiscal year ending Sep- tember 30, 2006, but did not complete action there- Senate Committees on, and recessed subject to the call. (Committee meetings are open unless otherwise indicated) f Committee on Agriculture, Nutrition, and Forestry: Novem- ber 17, to hold hearings to examine the role of United NEW PUBLIC LAWS States agriculture in the control and eradication of avian influenza, 10 a.m., SR–328A. (For last listing of Public Laws, see DAILY DIGEST, p. D 1111) Committee on Appropriations: November 16, Sub- H.R. 1409, to amend the Foreign Assistance Act committee on Legislative Branch, to hold hearings to ex- of 1961 to provide assistance for orphans and other amine the progress of the Capitol Visitor Center construc- vulnerable children in developing countries. Signed tion, 10:30 a.m., SD–138. on November 8, 2005. (Public Law 109–95) Committee on Armed Services: November 15, business meeting to consider certain military nominations, 9:30 S. 172, to amend the Federal Food, Drug, and a.m., SR–222. Cosmetic Act to provide for the regulation of all November 15, Subcommittee on Airland, to hold hear- contact lenses as medical devices. Signed on Novem- ings to examine defense acquisition issues related to tac- ber 9, 2005. (Public Law 109–96) tical aviation and Army programs, 2:30 p.m., SR–222. f Committee on Banking, Housing, and Urban Affairs: No- vember 15, to hold hearings to examine the nominations: COMMITTEE MEETINGS FOR FRIDAY, of Ben S. Bernanke, of New Jersey, to be a Member and to be Chairman of the Board of Governors of the Federal NOVEMBER 11, 2005 Reserve System, 10 a.m., SD–106. (Committee meetings are open unless otherwise indicated) Committee on Commerce, Science, and Transportation: No- vember 14, to hold hearings to examine legislation re- Senate quired to implement the Agreement between the Govern- ment of the United States of America and the Govern- No meetings/hearings scheduled. ment of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Popu- House lation, 11:30 a.m., SD–562. No Committee meetings are scheduled. November 14, Full Committee, to hold hearings to examine the nominations of J. Thomas Rosch, of California, and William E. Kovacic, of Virginia, each to be a Federal Trade Commissioner, 2:30 p.m., SD–562.

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November 15, Full Committee, to hold hearings to ex- lated exchange of notes (Treaty Doc.108–12), Treaty Be- amine public policy options for encouraging alternative tween the United States of America and the Federal Re- automotive fuel technologies, 10 a.m., SD–562. public of Germany on Mutual Legal Assistance in Crimi- November 16, Full Committee, to hold hearings to ex- nal Matters, signed at Washington on October 14, 2003, amine the Magnuson-Stevens Fishery Conservation and and a related exchange of notes (Treaty Doc. 108–27), Management Reauthorization Act of 2005, 10 a.m., Extradition Treaty Between the United States of America SD–562. and the United Kingdom of Great Britain and Northern November 16, Subcommittee on Consumer Affairs, Ireland, and related exchanges of letters, signed at Wash- Product Safety, and Insurance, to hold hearings to exam- ington on March 31, 2003 (Treaty Doc. 108–23), and ine protecting the consumer from flooded and salvage ve- Protocol between the Government of the United States of hicle fraud, 2:30 p.m., SD–562. America and the Government of the State of Israel, November 17, Subcommittee on Aviation, to hold signed at Jerusalem on July 6, 2005 (Treaty Doc. 109–3), hearings to examine aviation safety, 10 a.m., SD–562. 9:30 a.m., SD–419. November 17, Full Committee, business meeting to November 16, Full Committee, to hold hearings to ex- consider pending calendar business, 2:30 p.m., SD–562. amine the new currency of foreign policy, focusing on the Committee on Energy and Natural Resources: November high cost of crude, 9:30 a.m., SD–419. 15, to hold hearings to examine a status report on the November 17, Subcommittee on African Affairs, to Environmental Protection Management programs of the hold hearings to examine cross-continental progress relat- Department of Energy, 10 a.m., SD–366. ing to African organizations and institutions, 2:30 p.m., November 15, Subcommittee on National Parks, to SD–419. hold hearings to examine S. 431, to establish a program Committee on Homeland Security and Governmental Affairs: to award grants to improve and maintain sites honoring November 15, Subcommittee on Federal Financial Man- Presidents of the United States, S. 505, to amend the agement, Government Information, and International Se- Yuma Crossing National Heritage Area Act of 2000 to curity, to hold an oversight hearing to examine the cur- adjust the boundary of the Yuma Crossing National Her- rent nuclear situation in Iran and the U.S. response, fo- itage Area, S. 1288, to authorize the Secretary of the In- cusing on the relationship between Iran’s pursuit of nu- terior to enter into cooperative agreements to protect nat- clear weapons and its status as a state sponsor of ter- ural resources of units of the National Park System rorism, 3 p.m., SD–342. through collaborative efforts on land inside and outside of November 16, Full Committee, to hold hearings to ex- units of the National Park System, S. 1544, to establish amine how government can learn from the private sector’s the Northern Plains National Heritage Area in the State response to Hurricane Katrina, 10 a.m., SD–342. of North Dakota, S. Con. Res. 60, designating the Negro November 17, Full Committee, to hold hearings to ex- Leagues Baseball Museum in Kansas City, Missouri, as America’s National Negro Leagues Baseball Museum, S. amine regulations for the National Security Personnel 748 and H.R. 1084, bills to authorize the establishment System, 10 a.m., SD–342. at Antietam National Battlefield of a memorial to the of- Committee on Indian Affairs: November 17, to hold over- ficers and enlisted men of the Fifth, Sixth, and Ninth sight hearings to examine issues relating to In Re Tribal New Hampshire Volunteer Infantry Regiments and the Lobbying Matters, Et Al, 10 a.m., SH–216. First New Hampshire Light Artillery Battery who fought Committee on the Judiciary: November 15, to hold hear- in the Battle of Antietam on September 17, 1862, and ings to examine judicial nominations, 2:30 p.m., H.R. 2107, to amend Public Law 104–329 to modify au- SD–226. thorities for the use of the National Law Enforcement Of- November 16, Full Committee, to hold hearings to ex- ficers Memorial Maintenance Fund, 2:30 p.m., SD–366. amine The Streamlined Procedures Act relating to habeas November 16, Full Committee, business meeting to reform, 9:30 a.m., SD–226. consider pending calendar business, 11:30 a.m., SD–366. November 16, Subcommittee on Administrative Over- Committee on Environment and Public Works: November sight and the Courts, to hold hearings to examine issues 16, to hold an oversight hearing to examine transpor- relative to creating new Federal judgeships, 2:30 p.m., tation fuels of the future, 9:30 a.m., SD–406. SD–226. November 17, Full Committee, to hold hearings to ex- November 17, Full Committee, to hold hearings to examine the degree to which the preliminary findings on amine recent developments in assessing future asbestos the failure of the levees are being incorporated into the claims under the FAIR Act, 2 p.m., SD–226. restoration of hurricane protection, 9:30 a.m., SD–406. Select Committee on Intelligence: November 16, to receive Committee on Foreign Relations: November 14, Sub- a closed briefing regarding intelligence matters, 2:30 committee on International Economic Policy, Export and p.m., SH–219. Trade Promotion, to hold hearings to examine a clean November 17, Full Committee, to hold closed hearings technology solution relating to U.S.-International climate to examine the nomination of Dale W. Meyerrose, of In- change approach, 3 p.m., SD–419. diana, to be Chief Information Officer, Office of the Di- November 15, Full Committee, to hold hearings to ex- rector of National Intelligence, 10:30 a.m., SH–219. amine Treaty Between the United States of America and November 17, Full Committee, closed business meet- Japan on Mutual Legal Assistance in Criminal Matters, ing to consider certain intelligence matters, 2:30 p.m., signed at Washington on August 5, 2003; including a re- SH–219.

VerDate Aug 31 2005 04:58 Nov 11, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 D1194 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 2005 House Committees edging the contributions of our Filipino-American community to our country over the last century; H. R. 4295, Committee on Agriculture, November 15, hearing to re- To designate the facility of the United States Postal Serv- view recent litigation on Forest Service firefighting and forest health efforts, 2 p.m.,1300 Longworth. ice located at 12760 South Park Avenue in Riverton, November 16, hearing to review issues related to the Utah, as the ‘‘Mont and Mark Stephensen Veterans Me- prevention, detection, and eradication of avian influenza, morial Post Office Building; and an Investigative Report, 10 a.m., 1300 Longworth. Investigation into Rafael Palmeiro’s March 17, 2005 Tes- Committee on Education and the Workforce, November 16, timony at the Committee on Government Reform’s Hear- hearing on U.S. Immigration Policy and Its Impact on ing: ‘‘Restoring Faith in America’s Pastime: Evaluating the American Economy, 10:30 a.m., 2175 Rayburn. Major League Baseball’s Efforts to Eradicate Steroid Use’’, November 17, Subcommittee on Education Reform, 1 p.m., 2154 Rayburn. hearing on Combating Methamphetamines through Pre- November 16, Subcommittee on Federal Workforce vention and Education, 10 a.m., 2175 Rayburn. and Agency Organization, hearing entitled ‘‘Mitigating Committee on Energy and Commerce, November 16, Sub- the Impact of High Gas Prices on Federal Employees and committee on Environment and Hazardous Materials, Other Workers’’, 2 p.m., 2154 Rayburn. hearing entitled ‘‘Superfund Laws and Animal Agri- November 17, Subcommittee on Government Manage- culture’’, 2 p.m., 2322 Rayburn. ment, Finance and Accountability, hearing entitled ‘‘15 November 17, Subcommittee on Energy and Air Qual- Years of the CFO Act—What is the Current State of ity, hearing entitled ‘‘Coal: A Critical Fuel for America’s Federal Financial Management?’’, 2:30 p.m., 2247 Ray- Energy Needs and Security’’, 9:30 a.m., 2123 Rayburn. burn. November 17, Subcommittee on Oversight and Inves- Committee on Homeland Security, November 15, Sub- tigations, hearing entitled ‘‘Thoroughbred Horse Racing committee on Management, Integration and Oversight, Jockeys and Workers: Examining On-Track Injury Insur- hearing entitled ‘‘CBP and ICE: Does the Current Orga- ance and Other Health and Welfare Issues’’, 1 p.m., 2322 nizational Structure Best Serve U.S. Homeland Security Rayburn. Interests? Part 2’’, 2 p.m., 311 Cannon. Committee on Financial Services, November 15, Sub- November 17, Subcommittee on Economic Security, committee on Domestic and International Monetary Pol- Infrastructure Protection and Cybersecurity, hearing enti- icy, Trade, and Technology, hearing on Increasing Effi- tled ‘‘Improving TSA: Transportation Industry Legislative ciency and Economic Growth Through Trade in Financial Proposals’’, 10 a..m., 311 Cannon. Services, 2 p.m., 2128 Rayburn. November 17, Subcommittee on Intelligence, Informa- November 16, Subcommittee on Housing and Com- tion Sharing and Terrorism Risk Assessment, hearing en- munity Opportunity, hearing entitled ‘‘Addressing Sen- titled ‘‘Terrorism Risk Assessment at the Department of iors’ Housing Needs’’, 2 p.m., 2128 Rayburn. Homeland Security’’, 3 p.m., 311 Cannon. Committee on Government Reform, November 15, Sub- November 17, Subcommittee on Prevention of Nuclear committee on National Security. Emerging Threats and and Biological Attack, hearing entitled ‘‘International Ef- International Relations, hearing entitled ‘‘Examining VA forts to Promote Nuclear Security’’, 1 p.m., room to be Implementation of the Persian Gulf War Veterans Act of announced. 1998’’, 1 p.m., 2154 Rayburn. Committee on International Relations, November 15, Sub- November 16, to consider the following: H.R. 3934, committee on Africa, Global Human Rights and Inter- To designate the facility of the United States Postal Serv- national Operations, hearing on In Defense of Human ice located at 80 Killian Road in Massapequa, New York, Dignity: The 2005 International Religious Freedom Re- as the ‘‘Gerard A. Fiorenza Post Office’’; H.R. 4101, To port, and to mark up H. Con. Res. 190, Expressing the designate the facility of the United States Postal Service sense of the Congress that the Russian Federation should located at 170 East Main Street in Patchogue, New York, fully protect the freedoms of all religious communities as the ‘‘Lieutenant Michael P. Murphy Post Office Build- without distinction, whether registered and unregistered, ing’’; H.R. 4107, To designate the facility of the United as stipulated by the Russian Constitution and inter- States Postal Service located at 1826 Pennsylvania Avenue national standards, 10:30 a.m., 2172 Rayburn. in Baltimore, Maryland, as the ‘‘Maryland State Delegate November 16, full Committee, hearing on the U.S.- Lena K. Lee Post Office Building’’; H.R. 4108, To des- India Global Partnership: How Significant for American ignate the facility of the United States Postal Service lo- Interests?, 10:30 a.m., 2172 Rayburn. cated at 3000 Homewood Avenue, Baltimore, Maryland, November 17, Subcommittee on Africa, Global as the ‘‘State Senator Verda Welcome and Dr. Henry Human Rights and International Operations, hearing on Welcome Post Office Building’’; H.R. 4109, To des- Getting to Yes: Resolving the 30-Year Conflict over the ignate the United States Postal Service located at 6101 Status of Western Sahara, 1:30 p.m., 2172 Rayburn. Liberty Road in Baltimore, Maryland, as the ‘‘United November 17, Subcommittee on the Western Hemi- States Representative Parren J. Mitchell Post Office’’; sphere, hearing on Democracy in Venezuela, 10:30 a.m., H.R. 4152, To designate the United States Postal Service 2172 Rayburn. located at 320 High Street in Clinton, Massachusetts, as Committee on the Judiciary, November 15, Subcommittee the ‘‘Raymond J. Salmon Post Office’’; H. Con. Res. 218, on the Constitution, oversight hearing on the Voting Recognizing the centennial of sustained immigration Rights Act: Sections 6 and 8—Federal Examiner and Ob- from the Philippines to the United States and acknowl- server Programs, 12:30 p.m., 2141 Rayburn.

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November 15, Subcommittee on Courts, the Internet, Committee on Rules, November 15, to consider H.R. and Intellectual Property, oversight hearing on Federal 1065, United States Boxing Commission Act, 5 p.m., Jurisdiction Clarification Act, 4 p.m., 2142 Rayburn. H–313 Capitol. November 15, Subcommittee on Immigration, Border Committee on Science, November 16, hearing on Ongoing Security, and Claims, to continue oversight hearings on Problems and Future Plans for NOAA Weather Satellites, How Illegal Immigration Impacts Constituencies: Per- 10 a.m., 2318 Rayburn. spectives from Members of Congress, (Part II), 10 a.m., November 17, hearing on Environmental and Safety 2141 Rayburn. Impacts of Nanotechnology: What Research is Needed?, November 17, Subcommittee on Crime, Terrorism, and 10 a.m., 2318 Rayburn. Homeland Security and the Subcommittee on Immigra- Committee on Small Business, November 17, hearing on tion, Border Security, and Claims, joint oversight hearing Building a Wall Between Friends: Passports to and from on Weak Bilateral Law Enforcement Presence at the U.S.- Canada?, 9 a.m., 2360 Rayburn. Mexico Border: Territorial Integrity and Safety Issues for Committee on Transportation and Infrastructure, November American Citizens, 10 a.m., 2141 Rayburn. 15, Subcommittee on Railroads, hearing on Current Gov- ernance Issues at Amtrak, 10 a.m., 2325 Rayburn. November 17, Subcommittee on Immigration, Border Committee on Ways and Means, November 15, to mark Security, and Claims, to continue oversight hearings on up H.R. 4297, To provide for reconciliation pursuant to ‘‘How Illegal Immigration Impacts Constituencies’’, Per- section 201(b) of the concurrent resolution on the budget spectives from Members of Congress, (Part III), 2 p.m., for fiscal year 2006, 5 p.m., 1100 Longworth. 2141 Rayburn. November 16, Subcommittee on Select Revenue Meas- Committee on Resources, November 17, Subcommittee on ures, hearing on individuals tax proposals, 2 p.m., 1100 Energy and Mineral Resources, hearing on the Outer Longworth. Continental Shelf Natural Gas Relief Act, 2 p.m., 1324 Permanent Select Committee on Intelligence, November 17, Longworth. executive, briefing on Global Updates/Hotspots, 9 a.m., November 17, Subcommittee on National Parks, over- H–405 Capitol. sight hearing on the National Parks Service’s efforts to combat the growth of illegal drug farms in national Joint Meetings parks, 10 a.m., 1334 Longworth. Conference: November 14, meeting of conferees on H.R. November 17, NEPA Task Force, hearing on NEPA: 3010, making appropriations for the Departments of Lessons Learned and Next Steps, 10:30 a.m., 1324 Long- Labor, Health and Human Services, and Education, and worth. Related Agencies for the fiscal year ending September 30, 2006, 6:30 p.m., H140.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, November 14 6 p.m., Monday, November 14

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: The House will meet in pro of S. 1042, Department of Defense Authorization. At forma session at 6 p.m. 4:30 p.m., Senate will consider the conference report to accompany H.R. 2419, Energy and Water Appropria- tions, with one hour for debate, and at 5:30 p.m., vote on adoption of the conference report.

Extensions of Remarks, as inserted in this issue

HOUSE Green, Al, Tex., E2337 Moran, James P., Va., E2324 Harris, Katherine, Fla., E2325 Neugebauer, Randy, Tex., E2327, E2331 Becerra, Xavier, Calif., E2331 Hart, Melissa A., Pa., E2333 Pence, Mike, Ind., E2337 Boucher, Rick, Va., E2330 Hastert, J. Dennis, Ill., E2323 Porter, Jon C., Nev., E2327 Brown, Sherrod, Ohio, E2336 Herseth, Stephanie, S.D., E2335 Radanovich, George, Calif., E2328 Burgess, Michael C., Tex., E2323, E2325, E2328, E2331, Higgins, Brian, N.Y., E2333 E2332, E2333, E2336 Holt, Rush D., N.J., E2339 Rush, Bobby L., Ill., E2337 Capito, Shelley Moore, W.Va., E2335 Kelly, Sue W., N.Y., E2334 Schiff, Adam B., Calif., E2324, E2333 Cramer, Robert E. (Bud), Jr., Ala., E2339 Kildee, Dale E., Mich., E2325 Solis, Hilda L., Calif., E2332 Davis, Jo Ann, Va., E2327 Lewis, Jerry, Calif., E2338 Souder, Mark E., Ind., E2323, E2326 Davis, Tom, Va., E2327 Lungren, Daniel E., Calif., E2335 Stupak, Bart, Mich., E2334 Diaz-Balart, Lincoln, Fla., E2336 McCollum, Betty, Minn., E2336, E2338 Tiahrt, Todd, Kans., E2331 Ehlers, Vernon J., Mich., E2339 McHenry, Patrick T., N.C., E2330 Udall, Mark, Colo., E2323, E2325, E2328 Etheridge, Bob, N.C., E2338 Marshall, Jim, Ga., E2329 Udall, Tom, N.M., E2332 Farr, Sam, Calif., E2333 Mica, John L., Fla., E2329 Waxman, Henry A., Calif., E2337 Gerlach, Jim, Pa., E2330, E2332 Moore, Gwen, Wisc., E2334

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