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

Vol. 151 WASHINGTON, WEDNESDAY, NOVEMBER 9, 2005 No. 148 Senate The Senate met at 9:30 a.m. and was appoint the Honorable SAM BROWNBACK, a MORNING BUSINESS called to order by the Honorable SAM Senator from the State of Kansas, to per- form the duties of the Chair. The ACTING PRESIDENT pro tem- BROWNBACK, a Senator from the State pore. Under the previous order, there of Kansas. TED STEVENS, President pro tempore. will now be a period for the transaction PRAYER Mr. BROWNBACK thereupon as- of morning business for up to 1 hour, sumed the chair as Acting President with the first half of the time under The Chaplain, Dr. Barry C. Black, of- the control of the Democratic leader or fered the following prayer: pro tempore. his designee and the second half of the Let us pray. f O God, who reigns forever, You are a time under the control of the majority RECOGNITION OF THE ACTING shelter for the oppressed and a refuge leader or his designee. MAJORITY LEADER in times of trouble. Give our Nation Mr. MCCONNELL. Mr. President, I the shield of Your favor that it may The ACTING PRESIDENT pro tem- suggest the absence of a quorum. bless our world. Guide our Nation’s leg- pore. The acting majority leader is rec- The ACTING PRESIDENT pro tem- islative branch with wisdom, integrity, ognized. pore. The clerk will call the roll. The legislative clerk proceeded to and unity. Strengthen the executive f call the roll. and judicial branches that they will SCHEDULE serve Your purposes. Infuse each cit- Ms. LANDRIEU. Mr. President, I ask izen with a desire to walk on the right Mr. MCCONNELL. Mr. President, unanimous consent that the order for road in order to honor You and serve today we are going to begin with a 1- the quorum call be rescinded. this land we love. hour period for morning business, and The ACTING PRESIDENT pro tem- Bless us all with strength of will, then we will resume consideration of pore. Without objection, it is so or- steadiness of purpose, and power to the Department of Defense authoriza- dered. persevere. Remind us that it is better tion bill. We made good progress on f to attempt and fail in some great that measure yesterday by disposing of MINIMIZING DAMAGE FROM thing, rather than not to try at all. a very large number of amendments. STORMS Lord, teach us to number our days that Today, we hope to work through the re- Ms. LANDRIEU. Mr. President, I we may have hearts of wisdom. We maining amendments, and it is possible pray in Your Holy Name. Amen. that we could finish the bill this would like to spend a few minutes this morning speaking about a subject that f evening. The chairman and ranking member are expected to line up addi- is extremely important to the State I PLEDGE OF ALLEGIANCE tional rollcall votes throughout today, represent, the State of Louisiana, and The Honorable SAM BROWNBACK led and we will alert Senators as those to the gulf coast and also to call atten- the Pledge of Allegiance, as follows: votes are scheduled. tion to a small but important victory I Pledge allegiance to the Flag of the The majority leader has mentioned we achieved this week that I hope will United States of America, and to the Repub- several appropriations conference re- signal a turning or a course correction lic for which it stands, one nation under God, ports that are available or soon will be that Congress should take to help pre- indivisible, with liberty and justice for all. available. We expect to consider the vent the destruction we have seen on f foreign operations conference report the gulf coast in the last several weeks. APPOINTMENT OF ACTING today or tomorrow and will vote on the Mr. President, you are from Kansas, PRESIDENT PRO TEMPORE remaining bills as we can clear them and you know the power of tornadoes and Mother Nature. There is not any- The PRESIDING OFFICER. The for action in the Senate. Having said that, Mr. President, we thing we can do to prevent the fury of clerk will please read a communication nature, but we can minimize the dam- to the Senate from the President pro look forward to further progress on the Defense authorization bill during the age. We most certainly can use our in- tempore (Mr. STEVENS). telligence that God has given us and The legislative clerk read the fol- day. our talent that God has given us and lowing letter: I yield the floor. f the wisdom that He gives us to make U.S. SENATE, wise investments and smart choices PRESIDENT PRO TEMPORE, RESERVATION OF LEADER TIME and try to set priorities that help us Washington, DC, November 9, 2005. To the Senate: The ACTING PRESIDENT pro tem- make good choices for the people we Under the provisions of rule I, paragraph 3, pore. Under the previous order, the represent so that we can minimize of the Standing Rules of the Senate, I hereby leadership time is reserved. their pain and their suffering and we

∑ 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 Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.000 S09NOPT1 S12554 CONGRESSIONAL RECORD — SENATE November 9, 2005 can maximize their hopes and their ular and wonderful, and I have visited the Baton Rouge port, to south Lou- dreams for the future. I believe that is many places, but I think anybody look- isiana, that port and the other ports, why we are here. I know I have talked ing at this chart can understand there our port system is larger than any port with you personally, Mr. President, is something special about Louisiana, system in the North American Con- about the reasons you came to the Sen- Texas, Mississippi, and Alabama. tinent and one of the largest port sys- ate and I came to the Senate, and I What is special about it is we are the tems in the world. You would think think most of our colleagues share that Nation’s only energy coast. Most of the that we would pay attention to infra- view. domestic production comes off the structure such as this and invest wise- I wish to speak for a few minutes this shores, basically, of Texas, Louisiana, ly and take some of the money out of morning to remind the Nation and my Mississippi, and Alabama. Yes, we have this Treasury and invest in protection colleagues about the devastation and some important production in the West of the wetlands and in a strong and ro- the destruction that occurred only 10 in shallow plays of oil and gas, but we bust levee system. weeks ago in one of the greatest cities have virtually shut down drilling in But we have not done that. In fact, in the United States of America, and other parts of the country—in my opin- we have done the opposite. This chart that is the city of New Orleans and the ion, not on very good data, but none- is a startling summary. It is startling surrounding parishes. theless that is a choice that has been to me. It is hard to grasp. This is ‘‘Civil New Orleans is our largest city in made. Works Capital Investment as a Per- Louisiana, with 450,000 people, but it The point is that we have continued centage of Gross Domestic Product,’’ sits right next to Jefferson Parish of to supply this Nation at a time when it since 1929 to the year 2001. When we in 450,000, right next to St. Bernard parish needs oil and gas and needs energy pro- America, the America I grew up in, of about 60,000, and right next to duction. Louisiana has not sat down on talk about the great investments after Plaquemine, which is about 30,000. So the job, Texas has not sat down, Mis- the war, you can see what we are talk- it is a metropolitan area of close to 1.5 sissippi has not sat down, and Alabama ing about. You can see a Nation that million to 2 million people. has not sat down. But what has hap- was focused on its future. Why? Be- We have never in the history of the pened is this administration and some cause it was investing in roads and Nation seen destruction such as this. It parts of this Congress have sat down on bridges and levees and dams and infra- is unprecedented. It was not, we now the job of helping Louisiana and this structure necessary to lay down the know and as I said 2 days after the hur- energy coast protect itself from the framework for the greatest explosion of ricanes, the hurricanes that got us, kinds of storms that we have seen. entrepreneurship and scientific dis- Katrina and Rita—a double hit, one to How? By not investing in the wet- covery that before had not been seen in the southeastern part of our State, a lands restoration, which serves as a the world; almost unequaled in its category 4 and 5, and one to the south- natural barrier to the great city of New breadth and its scope. But what hap- western part—but it was our own Orleans and its surrounding areas and pened? Look here. Starting in the failings, if you will, that got us stuck. by not investing in the critical infra- 1980s, there were new priorities set in It was the breaching of a levee system structure of levees and navigation Washington. They have been very dam- that has successfully protected this channels and appropriate dredging that aging priorities, indeed—slashing crit- city for over 300 years. But because of would help manage water. ical investments in infrastructure, cut- a lack of investment, because we have Water can be a very powerful force ting back on ‘‘nonessentials,’’ trying to not set the right priorities in the last for good. You can see here the mighty ‘‘conserve.’’ This is not conservation. several years and over some time, and Mississippi River. Our country, in large This is akin to taking a gun and shoot- because we have our focus abroad and measure, became a nation because of ing yourself in the head, when you take not at home, this is the destruction the securing of the mouth of the Mis- money out of civil works projects, that has occurred, not just in New Or- sissippi River, the Louisiana Purchase away from cities, away from suburbs, leans but in the region, in the south- by President Jefferson—when he made away from communities, and spend it western part of our State as well, and a very smart strategic investment. He on either tax cuts for people who do throughout the gulf coast of Mis- did not waste his money on things that not need them or on other priorities sissippi. would not return a benefit to our coun- that are not as important or on wars Let me show another chart that does try, but made the Louisiana Purchase that we cannot win. It is this low line not have the same kind of picture, but for 3 cents an acre, the best real estate here, right down here to the lowest per- in a more graphic form it shows the deal ever done. But we purchased the centage, under one-half of 1 percent of number of people who have been af- mouth of this river, secured it for na- the GDP, that results in devastation fected by this storm and the breaching tional security but also secured it for such as this. of the levee systems which occurred commerce. You do not have to have a Ph.D. in throughout south Louisiana primarily. Mr. President, it is impossible to get economics to understand this. This is Not many levees were breached to grain out of Kansas, your State, or Ne- not complicated. I am going to show it the north, but there were levee systems braska, or throughout the great Farm to you again. This is 20 years of dis- that were breached. In Louisiana, 3 Belt in the Midwest of the United investment, disengagement, pretending million people were affected; in Texas, States, without using the Mississippi that these problems do not exist, pre- 802,000; in Mississippi, 1.7 million; and River and its tributaries. Yes, we can tending we have surpluses when we do in Alabama, 829,000 people. Six million manage to get some of it over here to not, and underfunding critical infra- people were hit directly by a storm. the east coast and out to our trading structure. When that happens, this is Again, Katrina and Rita could not have partners to the east, but moving it out the result. been avoided, but I promise you, Mr. here, down south to our trading part- The 450,000 people who lived in the President, we could have minimized ners in the south and also trade routes city of New Orleans at one time and the damage and maximized hope if we to the east and the west would be im- the 450,000 people who lived in Jeffer- had set better priorities and invested possible without the Mississippi River. son Parish and the 200,000 people who our money better right in this Con- You would think this Congress would lived in St. Tammany Parish and the gress with a different choice, a dif- pay attention, particularly this admin- 60,000 people who lived in St. Bernard ferent course than the one set by this istration that talks about energy inde- and the 30,000 people who lived in administration. What do I mean by pendence would pay attention to this Plaquemines Parish—and that is not that? I will get to that in a minute. energy coast. mentioning the other parishes along I also want to show the significance In addition to an energy coast, you the western part of our coast, Cam- of this region. There were 6 million can see here the red dots are our ports. eron, that is completely destroyed, and people affected in this region, but it is These are parts of the largest port sys- Calcasieu Parish, that suffered, and not just any region in the country. tem in the country—two of the largest. Washington Parish, that had not every Forgive me, I represent this area, so I All of the south Louisiana ports and tree fall but every house collapsed or am quite partial to it. I do know every Houston. If you combined all of the destroyed in some way or affected in other area of this country is spectac- ports in Louisiana from New Orleans to some way by the falling of the trees—

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.002 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12555 ask these people whom I represent, was the Katrina damage and what followed. last 5 years, $39 million to this Ahmed it smart to cut off investments? I don’t She has been on this floor every day Chalabi. Ahmed Chalabi is an expa- think so. and in private meetings every single triate from , now returned with The sad thing is, we have had an an- day, exhorting this Senate, both Demo- Saddam Hussein being removed from swer. I am not coming to complain. I crats and Republicans, not to forget power, and he has been bankrolled by am coming to offer a solution which what happened to her home State. It is our Government as long as President our delegation has offered, now, decade a tragedy that none of us would like to Bush has been in office. His Iraqi Na- after decade. We have pleaded, we have see befall our own States, and we owe tional Congress was a major source of held hearings, we have had field trips it to her to work with the President, on misinformation and disinformation to Louisiana, we have done fly-overs, a bipartisan basis, first, to help the about the situation in Iraq before our we have formed a national alliance, we evacuees and victims; second, to make invasion. He was the one who was pro- built a coalition of 4,500, an alliance of sure the great city of New Orleans is ducing the evidence that led the ad- industry and environmentalists. We back and running as quickly as pos- ministration to tell the American peo- have done it all. But what we cannot sible; third, to make the changes that ple there were weapons of mass de- seem to do is get the attention of this are necessary to give them peace of struction. administration and enough members of mind and security for generations to There were people who were skeptical the Republican leadership to under- come. of Ahmed Chalabi from the start. stand that smart investments make a I have listened to her time and again Former Secretary of State Colin Pow- difference: They save lives, they build come to the floor and talk about health ell said, on June 12, 2003, ‘‘I can’t sub- hope, they build communities, and care and education, the basics that stantiate Chalabi’s claims. He makes they make a nation stronger. What I people need to survive. I worry, as I am new ones every year.’’ have asked for and my delegation has sure she does, that we are going This skepticism was shared by other asked for—and I know my time is run- through Katrina fatigue, that we have agencies of our Government, but it did ning out, and I will take 2 more min- heard it for so long we want to turn the not stop the leaders of our Govern- utes—what we have asked for is to re- page and talk about other things. ment, under President Bush, from direct a portion of offshore oil and gas Thank you for reminding us every sin- bringing Ahmed Chalabi into the high- revenues that have been generated off gle day we cannot turn that page. I est level meetings concerning Amer- of our coast, off of this coast where all have met with those victims. Some ica’s national security and our policies these people have been injured. have come to Illinois. I tell you but for in Iraq. There it is. With the oil and gas the generosity and compassion of On September 18, 2001, Richard Perle being drilled—and has been drilled churches, charities, and local commu- convened a 2-day meeting of the De- since 1955—off of this coast, we are gen- nity groups, I do not know how some of fense Policy Board, a group that ad- erating about $6 billion a year that these families would have survived. vises the Pentagon. Chalabi, who was a comes into the general fund. It would What has happened in farflung com- guest speaker at this meeting, made a be a smart thing and a wise thing right munities in Illinois is that these evac- presentation on the threat from Iraq. now, a wise action and a smart action, uees have been embraced—and thank It turns out that Chalabi was pro- to redirect a portion of those revenues goodness that happened because other- ducing information from so-called de- to invest in a levee system, in the res- wise they tell me they wouldn’t have fectors on a regular basis to the high- toration of this Gulf Coast area and the known where to turn. When the Gov- est levels of the Bush administration— wetlands that protect the Nation’s ernment should have been there, it was most of which turned out to be false. not there. Sadly, we have to step back great energy port and trade port. Chalabi’s defector reports were . . . flowing That is my message. We can do bet- now and take an honest evaluation of from the Pentagon directly to the Vice- ter. We must do better. We must make why that happened. President’s office [Mr. CHENEY] and then on smarter investments with the money I know the Senator from Louisiana to the President, with little prior evaluation that is in the National Treasury. We do shares my belief that if we had an inde- by intelligence professionals. not have to raise additional taxes to do pendent, nonpartisan commission— That statement was made by State this. We have to redirect some of the which we have been begging for for Department intelligence expert Greg taxes already flowing into the Treas- weeks now—to take a look at what Thielmann in the New Yorker. He went ury to invest to protect the people happened, not so much that we can fig- on to say: along the gulf coast. If we needed to ure out who to blame but so that we There was considerable skepticism share those revenues with other coast- make sure we never do it again. We throughout the intelligence community al communities—since by the year 2020, hear complaints about FEMA—a few about the reliability of Chalabi’s sources, two-thirds of the continental United weeks ago in Florida and complaints in but the defector reports were coming all the States will live within 50 miles of the Texas. We can do better. When it comes time. Knock one down and another comes coast—we most certainly are able to do to disasters facing America, natural along. Meanwhile, the garbage was being that. But for Heaven’s sake, let’s get and otherwise, we can do better. I shoved straight to the President. our priorities straight. think we need to come together in an Ahmed Chalabi was the source of this We can do better. We can make bet- independent, nonpartisan way to make so-called intelligence garbage about ter decisions. That is what this effort that happen. the situation in Iraq. is about. We are going to continue on, AHMED CHALABI And then there was the notorious not complaining but offering solutions. It is almost hard to believe, and im- source named ‘‘Curve Ball.’’ We are not offering to raise taxes but possible to explain, what is going on in He should have been given that name to redirect some of the taxes that we Washington today as we honor and fete because his information turned out to have to make better choices to build a Ahmed Chalabi. Who is Ahmed be so wrong, so bad, and so misleading. stronger Nation and stronger commu- Chalabi? He enjoys the rank of Deputy He was another one of the so-called de- nities. I ask my colleagues to join us in Prime Minister in the nation of Iraq. fectors who provided this information. this effort because I know we can get But he enjoys a very questionable rep- He was a discredited INC defector to this job done. I thank the Senator from utation otherwise. Germany, code named ‘‘Curve Ball,’’ Illinois for yielding some time this Ahmed Chalabi, it turns out, was one and the chief source of information on morning for me to discuss this impor- of the key advisers to the Bush admin- Iraq’s supposed fleet of mobile germ tant issue. istration before the invasion of Iraq. weapons factories which turned out to The ACTING PRESIDENT pro tem- He was so important to the Bush ad- be a hoax. ‘‘Curve Ball’’ was the broth- pore. The Senator from the great State ministration that they paid his organi- er of a top lieutenant to Ahmad of Illinois. zation, through the Defense Intel- Chalabi. Mr. DURBIN. Mr. President, let me ligence Agency, $335,000 a month to Chalabi did not stop with reaching thank the Senator from Louisiana. She sustain his life and his office. Overall, the highest levels of our Government has been through an ordeal, as well as the Bush White House gave his Iraqi and misleading them about the situa- her colleague, Senator VITTER, with National Congress $39 million over the tion in Iraq. He had his friends in the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.003 S09NOPT1 S12556 CONGRESSIONAL RECORD — SENATE November 9, 2005 media. Chalabi was the source of dis- going to share his wise view of the boardrooms of these oil company ex- credited news stories about Iraq, world with the conservative think ecutives. penned by New York Times reporter tank, the American Enterprise Insti- Senator MARIA CANTWELL of Wash- Judith Miller. In 2001, Miller wrote a tute. ington has the right idea: We need to front-page story about claims that This is a hard story to explain. Hard put the oil company executives under Saddam had 20 secret WMD sites hid- to explain to the American people; oath today, ask them the hard ques- den in Iraq. It is amazing, the exclusive harder still to explain to American tions as to whether they have been story came ‘‘just three days after the troops. How can a man who has been profiteering at the expense of the most source had shown deception in a poly- accused and is under investigation for vulnerable people in America, people graph test administered by the CIA at passing secrets from the United States who get up and go to work every day the request of the Defense Intelligence to the Iranians and endangering the and cannot afford to fill their gas Agency.’’ lives of our troops and national secu- tanks; businesses that are languishing, So when they confronted Ahmad rity now be the toast of the town in that cannot hire the people they need, Chalabi and asked, how could you mis- Washington, DC? How can a man under cannot reach profitability, because of lead the United States with all of this active investigation by the Federal Bu- the profiteering of oil companies. And bad information, leading to our inva- reau of Investigation, a man who has farmers, already hard pressed in many sion of Iraq, 160,000 American soldiers not been called for any statement or parts of our country by bad weather risking their lives, over 2,000 killed, he any testimony, be this guest at the and bad prices, find their input costs said ‘‘we are heroes in error.’’ He boast- highest levels of our Government? going through the roof because of the ed to the international media that even Congressman GEORGE MILLER has high cost of energy. if he had misled the United States, he been involved in this inquiry, as I have. The oil company and lobbyists are all had achieved his goal. He got the He has made it clear, and I agree with over Capitol Hill. They are swarming United States to invade Iraq and de- him, when it comes to Ahmad Chalabi because several Senators, including pose Saddam Hussein. we shouldn’t be serving him lunch, we some Republicans, have called for a And then what happened? The tables ought to be serving him with a sub- windfall profits tax. I support that. turned on Mr. Ahmad Chalabi last poena. We shouldn’t treat him like a Take the money back from these oil year. In May of last year, the Iraqi offi- hero, we should treat him like a sus- companies, give it to consumers across cials, with the cooperation of the pect in a case that may have endan- America, fully fund LIHEAP, our pro- United States, raided Ahmad Chalabi’s gered the lives of our troops. gram to provide heating sources for the offices in Iraq. Why? I will tell you. In I don’t understand it. We need to call poor in America. Make certain we tell June 2004 Chalabi came under inves- on the Intelligence Committee as well these oil companies no, and stand up tigation for allegations that he passed as the Department of Justice to use the for the consumers who paid these out- secret intelligence data to . Re- tools they have to subpoena Ahmad rageous prices. member Iran, one of the axes of evil? Chalabi to make certain he answers the I yield the floor. The PRESIDING OFFICER. The bal- Chalabi is accused of telling the Ira- hard questions about how he misled ance of morning business is controlled nian Government that the United our Government into invading Iraq and by the majority. States had broken the code it used for what he did to endanger the lives of The Chair recognizes the Senator secret communications. National Secu- our troops and our national security. from Kentucky. rity Adviser Condoleezza Rice promised Nothing less should be allowed when it Congress a full investigation into these comes to protecting our troops. f allegations. How much time remains? RATIFICATION OF IRAQ The Wall Street Journal reports: The PRESIDING OFFICER (Mr. CONSTITUTION There is little sign of progress in a Federal ISAKSON). There is 2 minutes 10 sec- Mr. MCCONNELL. Mr. President, investigation of allegations that Chalabi onds. normally I don’t get an opportunity to once leaked United States intelligence se- OIL PROFITS hear my good friend from Illinois, but crets to Iran. Mr. DURBIN. Mr. President, I close I am glad I was here as he gave one of If he did this, it is clear he endan- by saying we also have coming to Cap- his appraisals of the situation in Iraq. gered the lives of our troops, he endan- itol Hill today a group of oil company As Paul Harvey often says, I would like gered America’s national security. executives. They couldn’t have come at to provide the rest of the story; argu- Just this week, the Wall Street Jour- a better time. ably, a more balanced view of what is nal came out with a story about Someone said this is simply theater. going on in that very important coun- Ahmad Chalabi. They went to the FBI I hope it isn’t. It is time to ask hard try. and said some 18 months later, what is questions of these oil companies which In fact, freedom has taken another the status of Ahmad Chalabi? Let me have over the past 6 months dramati- giant step forward in Iraq. On October quote FBI spokesman John Miller, who cally increased the price of energy for 15 the Iraqi people voted overwhelm- strongly denied that the Chalabi inves- people across America. People living in ingly to ratify their Constitution. tigation is languished. He said: Illinois and across our Nation—fami- Iraqis turned out in stunning numbers This is currently an open investigation and lies, small businesses, farmers—have to embrace democracy, tolerance, and an active investigation. been dealing with this oppressive in- a just rule under law. In fact, they He added: crease in prices. turned out in greater numbers than we Numerous current and former government A lot of blame was pointed, when it turned out here last November, which employees have been interviewed. came to OPEC, that it is the Saudis; was a very high turnout by U.S. stand- Here we have a man who misled the they are running up the price of oil. ards—and, of course, most Americans leaders of our Government. Here we Well, they did, but that was not the were not afraid they would get shot have a man who conceded and boasted reason the price at the gasoline pump when they went to the polls. that although he misled them, he went to $3. It went to $3 because of Iraqis created a constitutional repub- achieved his purpose of getting the this: Oil companies are making record lic in the heart of the Middle East. United States to invade Iraq. Here we profits, record profits over the in- This is an unequivocal victory in the have a man accused of selling secrets creased prices they are charging to . It is the only way we can to the enemy, to Iran, and endangering consumers across America. This chart assess it. With their votes, millions of American troops. And where do we find is an indication of the billions of dol- brave Iraqis rejected dictatorship and Ahmad Chalabi today? He is being lars they are making. created a republic. They rejected rule hosted and feted by this administra- ExxonMobil reported record quar- by fear and terror and embraced rule tion. This man is in Washington with terly profits of $9.9 billion, up 75 per- by the consent of the governed. They his motorcade moving around town, cent from last year. Put the nozzle in stood together as a country under one having appointments with Treasury the tank and watch the numbers motto: ‘‘we the people.’’ Secretary Snow and the Secretary of on the gas pump; the money from your Nearly 10 million Iraqis turned out to State, Condoleezza Rice. Today, he is credit card is going directly to the vote, a turnout rate of 63 percent. That

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.005 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12557 was up from 60 percent last January The terrorists themselves have already people, and for the security of the when they elected their interim gov- told us that. They have told us what world, we must defeat the terrorists ernment. That was 3 percent higher they have in mind. In a letter our in- and leave behind a strong, stable, and than our own turnout here last Novem- telligence forces intercepted, written secure democratic Iraq. ber, 60 percent, which was 10 percent by Ayman al-Zawahiri, the No. 2 ter- The terrorists are rightfully scared higher than our turnout here in 2000, rorist in the al-Qaida hierarchy, and because America is fighting and win- which was 50 percent. Again, I say, sent to lead Iraqi terrorist Abu Musab ning the war on terror. We have made those Iraqis, many of them, might have al-Zarqawi, we learn that the terror- incredible progress in Iraq in 21⁄2 short been concerned about their safety when ists’ foremost goal is to drive America years. they went to vote. That was the first out of Iraq. No great surprise. I think we ought to take a look at free election in Iraq in over 50 years Here is how al-Zawahiri instructs his the progress that has been made. last January. partner in villainy: Taking note of this chart, Saddam Furthermore, and very significantly, [T]he Jihad in Iraq requires several incre- Hussein came to power in 1979 and was turnout among Sunni Arabs increased mental goals. in power from 1979 to 2003. What were dramatically. This is a testament that The first stage: Expel the Americans from the hallmarks of those 24 years for the the policy of continued political out- Iraq. people of Iraq? Over 4,000 political pris- reach to influential Sunni leaders dur- No surprise. oners were summarily executed—one of ing the constitutional drafting process The second stage: Establish an Islamic au- his great accomplishments; 50,000 was a success. thority . . . in order to fill the void stem- Kurds killed, many of them with chem- For instance, in the heavily Sunni ming from the departure of the Americans, ical weapons; 395,000 people were forced province of Salahaddeen in the city of immediately upon their exit and before un- to leave Iraq during that 24-year pe- Islamic forces attempt to fill this void. Ishaqi, only 300 people voted last Janu- The third stage: Extend the Jihad wave to riod. ary in the interim election vote. This the secular countries neighboring Iraq. They had to get out or be killed. Iraq had no free elections and no free time around, on the Constitution, on So they clearly not only want Iraq, newspapers, and Saddam Hussein stood October 15, 10,000 Iraqis voted. Three they want to spread this plague into above the law. hundred in January, 10,000 in October, the countries surrounding Iraq. What has happened in the 21⁄2 years largely Sunnis. This is only one city, Al-Zawahiri goes on to say: but the turnout was up dramatically. since Saddam Hussein’s fall from The mujahedeen must not have their mis- Many in the Sunni population obvi- power? Iraqis are now innocent until sion end with the expulsion of the Americans proven guilty. They have a legal sys- ously decided their interests are best from Iraq . . . their ongoing mission is to es- served not by fighting an armed insur- tablish an Islamic state, and defend it, and tem. Seventy-five Kurds have been gency but by joining the political proc- for every generation to hand over the banner elected to the legislature, as compared ess. to the one after it until the Hour of Res- to 50,000 Kurds getting killed during Not only did Iraqis turn out in record urrection . . . Americans will exit soon, God Saddam’s regime. Over 270,000 of those numbers, they also voted to ratify willing. Iraqis who had to leave the country—of their new organizing document in over- Those are chilling words from our en- the 395,000 who were forced to flee whelming numbers. The final results emies. Iraq—have come back home to build a show over 78 percent of Iraqi voters Their plans are laid bare for all of us new free Iraq, and 9.8 million people said yes to the Constitution. Of Iraq’s to see. They want us to cut and run. voted on the constitution on October 18 provinces, 12 voted yes with majori- Worse still, they expect it. And then 15. They weren’t any free elections for ties exceeding 94 percent. Three more they will turn Iraq into a terrorist 24 years under Saddam. They have over provinces voted yes with solid majori- haven. 100 free newspapers—100 free news- ties, including the province of Bagh- Al-Zawahiri realizes that the terror- papers in Iraq now. They have more dad. In the province, 77 per- ists can never hope to defeat America competition probably than we do, with cent ratified the Constitution. on the battlefield. The only way they freedom of speech breaking out all over The Iraqi Government decided that can defeat us is by undermining our re- Iraq. for the Constitution to fail, at least solve with continued suicide bombings, Hussein, who stood above the law, three provinces had to vote ‘‘no’’ with gruesome beheadings performed for the now is on trial, subject to the law in at least two-thirds of the vote. Only camera, and guerilla sneak attacks, all Iraq. two provinces did that, the Anbar prov- brought to American living rooms That sums up the progress that has ince and the province I mentioned ear- through the media. been made. The 24-year period of terror lier, Salahaddeen. The terrorists believe they can shape is over and a new democratic, free Iraq The democratic process in Iraq will American policy—policy determined, is emerging. continue to move forward. Iraqis are in part, by this chamber—by killing Before I leave the floor, I want to now preparing for another nationwide Americans, because they have success- offer my colleagues some words of election pursuant to the Constitution fully done so before. In 1983, terrorists bravery from ordinary Iraqis, as an they ratified. That election on Decem- killed 241 Americans in Beirut, and antidote to the al-Zawahiri letter I ber 15 will be for the first permanent American forces were withdrawn from read earlier. These are the people who democratic government in Iraq’s his- Beirut as a result. defied al-Zawahiri and al-Zarqawi to tory. They will choose 275 members of And America did not take the threat vote for the free future of their coun- a council of representatives to serve all of terrorism seriously after the first try. What these courageous people have the people of Iraq. bombing of the World Trade Center in to say should convince anybody that It is odd to me that at such a mo- 1993, nor did we take it seriously after the Iraqis understand and are willing ment of triumph in that country, there the destruction of our embassies in to pay the price of freedom. are still those who call for America to Tanzania and Kenya in 1998, nor did we Here is what one fellow had to say: get out while we can in the midst of take it seriously after the attack on ‘I have not forgotten the mass graves and this triumph that is occurring there. the USS Cole in 2000. the and the killings,’ said Abdul Hus- They believe our troop withdrawal The terrorists believe that our deter- sein Ahmed of Najaf. ‘Five members of my family were killed by Saddam and his people. should be arbitrarily based on the cal- mination to fight them now, after 9/11, But now, with this constitution, everyone is endar rather than on achieving results. is the exception rather than the rule. equal under the law.’ In short, they want to cut and run. And They believe that eventually we will Munthir Abbas Elaiwi of Baghdad until we do, they will endlessly criti- tire, falter, and fail in this fight. agrees. cize our troops’ efforts but offer no al- We must make plain for them—in a language they can understand—that ‘[The constitution] will bring all that is ternatives of their own. good for the people, such as stability, democ- It is important to remember to with- they are gravely mistaken. racy and peace. With such a charter, we will draw prematurely from Iraq, as the America is not going to cut and run show the world that we are a civilized na- cut-and-run crowd suggests, would play before the job is done. For our own se- tion, not a bunch of ignorant and blood- right into the hands of the terrorists. curity, for the security of the Iraqi thirsty extremists.’

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.017 S09NOPT1 S12558 CONGRESSIONAL RECORD — SENATE November 9, 2005 That is from one of the Iraqis partici- at the Tomb of the Unknown Soldier in An inscription on the Tomb of the pating in the progress. And if any ter- the Revolutionary War, where so many Unknown Soldier reads, ‘‘Freedom is a rorists think the people of Iraq do not died in the city of Philadelphia, will light for which many men have died in hold their new republic dear, let them burn as an eternal flame. darkness.’’ Freedom is a light, a light heed the words of Munthir’s older As we all know, this Friday is Vet- that still shines bright throughout the brother, Naseer Abbas, also of Bagh- erans Day, a day when Americans pay world thanks to the effort and sacrifice dad. He states quite simply: ‘‘We are tribute to the brave men and women of American soldiers. Today in Phila- ready to defend this constitution with who have served in our armed forces. delphia, a different light is shining, our blood.’’ There is no group of Americans to once again, in recognition of these sol- Iraqis are our partners in the war on which we owe more than those who diers and what they have given for us. terror, and they understand the mag- have fought to protect the freedoms I commend Mr. Mendte and his col- nitude of our shared cause. They real- that are the very heart of our Nation. leagues at WKYW for bringing atten- ize the power a thriving democracy in The truth is that our veterans, both tion to this issue and pushing for its the heart of the Middle East can have past and present, should be honored resolution, as well as the residents of as a counter-example to tyrannical re- every day of the year. We would not be Philadelphia who responded, in force, gimes like Iran, whose President re- here today, enjoying all the blessings with their support. Most of all, I thank cently called for Israel to be ‘‘wiped off we have if it were not for the sacrifices America’s veterans, who have given the face of the Earth.’’ The Iraqis have of those who took up arms to defend more than we can ever repay, and de- embraced liberty, and rejected the America. And so, I rise today to recog- serve to be honored and recognized at homicidal urgings of terrorists. I hope nize the efforts of the residents of my every opportunity. The eternal flame my colleagues will join me in saluting home state who have fought to ensure at the Tomb of the Unknown Soldier is them and their commitment to free- that those who passed away in service a fitting tribute, and I am proud to rep- dom. to our country are remembered, day in resent such dedicated, patriotic citi- Tyrannical leaders who repress their and day out, with the reverence they zens who worked so hard for its res- people much as Saddam Hussein once deserve. toration. did the Iraqis should make no mistake: The city of Philadelphia, so central Congratulations to all involved in The people in your country are looking to the American Revolution, became the city of Philadelphia. at Iraq and wondering, ‘‘Why not here? the final resting place for thousands of Why not now?’’ Revolutionary soldiers. Many of these f The terrorists do not have the right brave men, America’s first patriots, were laid to rest in mass, unmarked answers to those questions. Americans, U.S. SERVICE MEMBERS’ SUCCESS graves throughout the Philadelphia re- and Iraqis, do. IN IRAQ I yield the floor. gion. To honor these soldiers, and the The PRESIDING OFFICER (Mr. millions more who have fought for our Mr. SANTORUM. Mr. President, I CORNYN). The Senator from Pennsyl- Nation since its inception, a war me- congratulate the Senator from Texas, vania. morial was erected in Philadelphia in Senator HUTCHISON, for her tremendous effort in organizing Members to come f 1954. Ever since, this monument, known as the Tomb of the Unknown to the floor to tell the other side of REVOLUTIONARY WAR TOMB OF Soldier, has stood as a tribute to those story in Iraq. THE UNKNOWN SOLDIER who first made the ultimate sacrifice It started with a series of e-mails Mr. SANTORUM. Mr. President, be- in the name of America. that I received from different people, fore I talk about the situation in Iraq, During the bicentennial celebration from constituents to folks who weren’t I want to mention something that has in 1976, an eternal flame was added to constituents, who complained to me— gone on in my City of Philadelphia the monument. This flame, a symbol of these are soldiers in-country—that which I think deserves recognition dur- the enduring spirit of the soldiers that they were becoming frustrated because ing Veterans Day; that is, a situation passed, was to burn continuously in every day they would be out there on with the Tomb of the Unknown Soldier their honor. Yet over time, the flame the frontlines in-country, serving, sac- from the Revolutionary War. That is a was neglected and allowed to die out. rificing for our country and accom- memorial which was erected in Phila- For the last few years, this monument plishing great deeds and then would delphia in 1954. There was an eternal has stood incomplete, and as a tribute have to turn on CNN and other news flame added to that memorial back in to our soldiers, insufficient. shows and read the clips from the 1976 during our bicentennial year. Thankfully, Philadelphia is a city American newspapers and see a war About 10 years ago that flame went filled with conscientious, concerned being described which they were not out, and for 10 years the City of Phila- citizens. On June 6 of this year, Mr. seeing. They were not seeing the war as delphia and the government of the City Larry Mendte, a journalist for the CBS being an IED every day but seeing, of Philadelphia refused to relight it—- station WKYW, reported that the flame every day, hundreds of thousands of to fix the flame. had gone out. The response from view- Iraqis working with our American mili- It wasn’t until the efforts of Larry ers was immediate. The next night, a tary forces to make Iraq a more stable Mendte, a journalist for the CBS sta- veteran of the traveled to the and safe place. tion WKYW television in Philadelphia, monument and lit her own flame, a I, along with Senator HUTCHISON and and the work he did in bringing this flame that would certainly not wane my colleagues, have decided it is time issue to light—other journalists have due to neglect, thus beginning a can- to start going around the mainstream brought this to light in the past—but dlelight vigil that would be joined by media and telling the other side of the to Larry’s credit, he did not give up. many others. story. And they continued to run story after Mr. Mendte, along with his col- I came from a press conference down- story and hound the city of Philadel- leagues at CBS, would not let this stairs where I had four civilian inde- phia to try to finally fix this monu- story disappear. He tracked down city pendent military bloggers. These are ment and fix this eternal flame. officials, demanded an explanation, and people who have been in-country—one I wish to give thanks to the veterans refused to accept their attempts to is going to be in-country in the next community in Philadelphia, to WKYW, brush him off. On June 13, merely couple of weeks, one who is the wife of to Larry, and ultimately I have to con- seven days after the initial story was someone who is heading to Iraq—talk- gratulate Mayor Street. After an enor- broadcast, the city began the repair ing about the military blog, talking mous amount of pressure put on his ad- process. Thanks to the efforts of Mr. about all of the information that is ministration, Mayor Street finally de- Mendte, WKYW, and the many con- now populating the Internet, of people cided to fix the flame. cerned Philadelphia residents who re- who are actually there in-country, tell- Once the flame was fixed, the Na- sponded to this story, over 100 individ- ing their stories, people who are mak- tional Park Service took that flame uals were able to witness the reigniting ing a difference every single day in the over and will make sure that the flame of the eternal flame on June 29. lives of Iraqis.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.001 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12559 One such person is Captain Jim For example, news comes that Amer- Center in 1993? Did our presence in Iraq Bentzley, who is from suburban Phila- ica has suffered the loss of 2,048 brave compel terrorist to attack us on 9/11? delphia, who wrote to me a month and servicemen and women in Operation The answer is no. It was our existence a half ago. He said: Iraqi Freedom. The loss of any soldier in the world that compelled the terror- The reason I’m writing to you about this in the cause of freedom grieves us all; ists to attack us, time and again. mission is because I do not believe that the especially the parents, wives, husbands These suicide bombers existed and at- American public realizes how well we are and children of each deceased loved tacked America before, on, and after 9/ working with the new Iraqi military. In my one. As elected officials, we don’t know 11, and well before Operation Iraqi own shop, the mission could not be accom- these soldiers as numbers, but as peo- Freedom. plished without the help and, cooperation of ple, with hopes and dreams, family and Frankly, I am stunned that after 9/11 my Iraqi troop-employees. Likewise, I help them by guiding them through the U.S. mili- friends. Knowing them as we do, it is that anyone in a position of power tary’s logistics system. I’m also trying to hard to imagine the loss of any of would assume the peaceful intentions educate them past the military logistics by them. of one suicide bomber, much less each introducing them to some of my civilian-ex- As great as the loss is, it can only and every one of the 450 ex-suicide perience and U.S. business logistics prac- compound a family’s sadness to hear bombers in Iraq. tices: lean logistics and six sigma. Efficiency some say that the loss of their loved So I believe that 450 fewer suicide is a new concept for them . . . but I believe one was neither for the protection of bombers does make America safer, and I can get through to them so that when we, America or the freedom of man. Yet we our brave men and women in uniform Americans, leave this place, the Iraqis will serving in Iraq have protected America pick up the mission seamlessly. hear it regularly. Critics say Iraq posed I would like you to visit my operation so no threat, as there was no link in Iraq from these cowards. that you can see the way we work with the to the war on terror. Or that securing On the Marine Corps website is a Iraqis and so that the American people can freedom in the Middle East is impos- story about Lance Corporal Dan Wil- also see. There are a lot of good things going sible or isn’t worth one American life. liams, a 22-year-old intelligence ana- on over here and most of them deal with peo- To those who have lost their loved lyst from Murrysville, PA with the 1st ple and the close relationships that are being ones, don’t believe these critics. Don’t Battalion, 6th Marine Regiment cur- formed—this is definitely not seen by Amer- let those poisoned words take root in rently conducting security and sta- ica; America only seems to see the darker bility operations in and around side of Iraq. Friendships that will last a life- your heart. time are starting here, and they are friend- As you hear of the 2,048th soldier Fallujah. Part of Lance Corporal Wil- ships between former enemies. I realize I’ve lost, there is another number that liams’ mission is to piece together only been here, in Iraq, for a couple of weeks, demonstrates the protection of Ameri- fragments of data on terrorist identi- but already I consider my Iraqi counterparts cans here, and the preservation of free- ties, connections, and locations. This close friends. dom around the world. And that num- information is used to determine where Corporal Mindo Estrella, from Erie, ber, as best we can ascertain, stood at and when to apprehend these individ- PA said: 450 last month. uals, and what type of threat they may I like working with the [Iraqi Army] and Over 450 suicide bombers have at- face upon arrival. Since his unit ar- teaching them our tactics. I think that tacked in Iraq. That is over 450 suicide rived in Iraq in mid-March 2005, Lance they’ve learned what we are teaching them bombers who did not strike at Amer- Corporal Williams and his fellow Ma- and one day will be able to take over oper- ica’s homeland, did not strike at our rines have helped to apprehend dozens ations. embassies, our ships, our civilians of insurgent supporters and to unearth Corporal Estrella reenlisted. in the around the globe. It is your sons and several weapons caches in the area. Marine Corps this past October, shortly daughters who have protected America As for this fight for freedom, we now after his battalion arrived: in Iraq. He from these 450 plus suicide bombers. have a democratically-elected con- said: The suicide bomber represents that stitution in place in Iraq. Will freedom I like what I do, It gets rough at times, but greatest threat to America, to democ- and democracy take root and flourish nobody made me come out here. I signed the racies, to civilized society, and to in Iraq? contract knowing what I was getting myself peace. Stopping suicide bombers from We cannot say right now. But, when into. attacking America and our allies is the we laid to rest the 1,500 American sol- He reenlisted last month. He said he foremost goal of the War on Terror. diers that perished on D–Day in the likes what he does. He feels he is mak- Without terrorists, planes, trains, grave at Normandy, no one could say ing a difference in transforming the boats, cars, and buses are moving gifts whether freedom would take in post- country of Iraq. to society. Add a single terrorist, and Nazi Germany. When we laid to rest LCpl Dan Williams said the same they are transformed into weapons of those 6,891 fallen soldiers at Iwo Jima, thing. He arrived in mid-March and has mass death and destruction. no one could say that militaristic worked in-country, in Fallujah, to With one suicide bomber, a stolen Japan would become a democratic na- identify lots of insurgents and is work- van filled with explosives cost the U.S. tion. None of those tens of thousands ing with the people now. He says he is Embassy in Beirut 63 lives, including 17 who fought and died in the hot chapter getting the intelligence from the peo- Americans. With one suicide bomber, a of the Cold War knew that freedom ple in the community, where originally delivery truck took out the Marine would ever arise behind the Iron Cur- they were hesitant to work with them. Barracks in Beirut, costing the lives of tain, much less survive. And even here Now most of the intelligence they are 241 U.S. Marines. With just two suicide in America, as we buried the 4,435 lost gathering is from Iraqi civilians who bombers, a small boat hit the U.S.S. in total at Concord, Lexington, Bunker realize that it is now in their best in- Cole, killing 17 sailors. With just four Hill, Trenton, Princeton, Bennington, terests for their country that they suicide bombers, the London subway Cowpens, and Yorktown, no one could want to fight for to cooperate not with and buses became the final destination say for certain that a government of, the American military but also with for 52 civilians. With just 19 suicide for, and by the people would take. But the Iraqi military in rooting out insur- bombers, four airliners made for one of it did. gents in their country. America’s darkest days by killing near- Each of those who died in all these We are making tremendous, positive ly 3,000 innocent people. battles never knew if freedom and lib- steps. The suicide bomber is the foremost erty would result from their sacrifice. I am going to be working, over the weapon of terrorism today. So how can Rather, they died for the hope and next several months, to make sure that anyone say that 450 ex-suicide bombers dream that it might exist and flourish, the stories of the people who are on the in Iraq has not protected American both here and elsewhere for our fellow frontline, who are fighting the war in lives? man. the trenches, have their stories told to Critics of this war insist that it is It is so unfortunate that so often the American public and not people sit- America’s presence in Iraq that has critics of this war fail to tell the sto- ting in editorial rooms in New York created the 450 plus suicide bombers in ries of success coming out of Iraq; the City trying to spin what is going on in Iraq. Did America’s presence in Iraq stories which prove that our U.S. the mainstream of Iraq. cause the attack on the World Trade servicemembers are working with the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.020 S09NOPT1 S12560 CONGRESSIONAL RECORD — SENATE November 9, 2005 Iraqis to help them to sustain this new- diers have been angry and sad for two days. to America to attack our people? How found freedom by helping the strength- They are angry because the terrorists could heinous would their crimes be here? en their armies. just as easily have waited a block or two and Our President is trying to make sure The stories of success from our sol- attacked the patrol away from the kids. In- they do not have that opportunity, stead, the suicide bomber drove his car and diers and sailors in Iraq need to be hit the Stryker when about twenty children that they will not be able to perpetrate told. Our soldiers need to know that were jumping up and down and waving at the their horrible and indecent acts their bravery and hard work in Iraq is soldiers. against the people of America on our not in vain. Major Bieger, I had seen him help rescue soil. Our President is taking every step This new chance for freedom in this some of our guys a week earlier during an- to assure that Americans are secure. part of the world is due entirely to the other big attack, took some of our soldiers So I think it is time for us to stop sacrifice of our soldiers and sailors, and and rushed this little girl to our hospital. He the partisan bickering. No one in their their families. wanted her to have American surgeons and not go to the Iraqi hospital. She didn’t make right mind would suggest that this is a I say to our servicemen and women it. I snapped this picture when Major Bieger time for America to turn and run. So and your families—Our nation owes ran to take her away. let’s try to work together to make sure you our gratitude, and we honor you The soldiers went back to the neighbor- we are doing everything possible to for bestowing the immeasurable gift of hood the next day to ask what they could do. help the Iraqi people get on their feet, freedom. We thank each and every one The people were very warming and welcomed hold their elections, and begin the of you. us into their homes, and kids were actually process of self-government. The PRESIDING OFFICER. The Sen- running up to say hello and to ask soldiers to shake hands. Nothing will eradicate terrorism more ator from Texas. Eventually, some insurgents must have re- quickly than showing that democracy and Mrs. HUTCHISON. Mr. President, I alized we were back and started shooting at self-governance can work. That is what our thank the Senator from Pennsylvania us. The American soldiers and Iraqi police President is leading our country and our for talking about what our people with started engaging the enemy and there was a troops in the field to provide: Safety and se- boots on, on the ground in Iraq, are running gun battle. I saw at least one Iraqi curity for the Iraqi people so they can gov- saying and what they are seeing. police who was shot, but he looked okay and ern themselves. The Iraqi people are moving I think it is important that we talk actually smiled at me despite the bullet hole forward with a constitution they have writ- ten and they have voted for, which will be to them about the feelings in America in his leg. I smiled back. One thing seems certain: The people in followed by more elections of a parliament because some people might get a that neighborhood share our feelings about and leaders who will take this constitution misimpression if they listened to peo- the terrorists. We are going to go back there, and make the laws that will give freedom to ple who actually put forward the idea and if any terrorists come out, the soldiers every Iraqi. Freedom is something which that we would cut and run from some- hope to find them. Everybody is still very they have not known—many of them—in thing that was started for all the right angry that the insurgents attacked us when their lifetimes. It is a worthy cause because reasons—to protect Americans. the kids were around. Their day will come. it will also assure the security of the Amer- The President, knowing what hap- Mr. President, it is stories like this ican people in future generations. pened on 9/11, was determined that he one that reaffirm why Americans are Mr. President, I yield the floor. was not going to have another terrorist so proud of our troops and proud of the f attack on America with weapons of Iraqi people for embracing democracy CONCLUSION OF MORNING mass destruction. That is why we went and supporting our efforts to defeat BUSINESS into the Middle East. We took on Sad- terrorism. U.S. troops are not seen as dam Hussein, who was known to have, occupiers, as some in our country The PRESIDING OFFICER. Morning from many different sources, weapons would have you believe. Our soldiers business is now closed. of mass destruction. are standing beside Iraqi forces, and f So we are there, and our troops are their sacrifice to win the war on terror NATIONAL DEFENSE AUTHORIZA- doing a great job. We are building the will never be diminished. TION ACT FOR FISCAL YEAR 2006 confidence in Iraq. You can see it from We are fighting an enemy who is will- the people who are voting with their ing to make a point of killing innocent The PRESIDING OFFICER. Under feet. They are walking to the polls and children. There will be no freedom if the previous order, the Senate will re- voting. Even under threat of death, we cut and run. We know why we are sume consideration of S. 1042, which they are working to establish a democ- there, and we will complete the mis- the clerk will report. racy. They are defying the terrorists. sion. The journal clerk read as follows: They know what the terrorists are This story shows so much about how A bill (S. 1042) to authorize appropriations doing to their country, and they are our troops feel. And if any person in for fiscal year 2006 for military activities of this country talks to troops who have the Department of Defense, for military con- fighting back. And we are going to struction, and for defense activities of the stand and fight with them, as we prom- returned from Iraq, they will tell you Department of Energy, to prescribe per- ised we would do. similar stories about the feelings of the sonnel strengths for such fiscal year for the I want to talk about this picture. It Iraqi people. Iraqis often are under Armed Forces, and for other purposes. says more than any words ever could. threat of death if they are talking to Pending: American soldiers or trying to do Michael Yon is a former Green Beret Chambliss amendment No. 2433, to reduce who has been out of the service for something productive that would move the eligibility age for receipt of non-regular years. He is also a gifted photographer their country forward, such as voting military service retired pay for members of and writer. He was embedded in Iraq on a constitution, which they did in the Ready Reserve in active federal status or for 9 months earlier this year. He droves. They are standing firm despite on active duty for significant periods. learned about the area, the people, the the threats. Ensign amendment No. 2443, to restate unit in which he was embedded, and Our troops are going through the United States policy on the use of riot con- the situation in Iraq. His photographs process of teaching the Iraqi police and trol agents by members of the Armed Forces. capture an honest and inspiring mes- the Iraqi soldiers how to help them- The PRESIDING OFFICER. The Sen- sage about our soldiers’ service in Iraq, selves, how to work the equipment, and ator from Michigan. the mindset of the terrorists we are how to counter insurgents who would Mr. LEVIN. Mr. President, I suggest fighting, and what this war is all wait until children are in the picture the absence of a quorum. about. before choosing to blow themselves up. The PRESIDING OFFICER. The I would like to read Michael’s own This is an enemy that we must not clerk will call the roll. words describing what happened on let stay on this Earth. We must eradi- The journal clerk proceeded to call Saturday, May 14, 2005, in , just cate it wherever it is. And we must the roll. before he took this heartbreaking pic- make sure that it does not come to Mr. INHOFE. Mr. President, I ask ture: America because if this enemy would unanimous consent that the order for Major Mark Bieger found this little girl wait until children are surrounding our the quorum call be rescinded. after the car bomb that attacked our guys soldiers to do their heinous crimes, The PRESIDING OFFICER. Without while kids were crowding around. The sol- what would they do if they came back objection, it is so ordered.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.006 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12561 Mr. INHOFE. Mr. President, may I into the Declaration of Independence? Or and acknowledgment of divine provi- ask what the regular order is right about the activist from Massachusetts who dence is an official tenet of preparation now, what the pending amendment is? urged making the Fourth of July a quasi-re- of the American military. America’s The PRESIDING OFFICER. The ligious holiday? These proposals were made 220 years ago. Today they would be swiftly dependence upon prayer exhibits itself pending amendment is the Ensign denounced by the ACLU, the Democratic before, and in the Declaration of Inde- amendment No. 2443. Congressional Campaign Committee, and a pendence, and in the Inaugural Address AMENDMENT NO. 2440 slew of editorial pages. of every President. Congress opens Mr. INHOFE. Mr. President, I ask It was just last year that the Ninth each day with a prayer. The tradition unanimous consent to set aside the En- Circuit Court of Appeals ruled to have of prayer continued on June 6, 1944, sign amendment, and I send to the desk ‘‘under God’’ taken from our Pledge of when President Roosevelt led the en- my amendment No. 2440 and ask for its Allegiance. tire Nation in prayer during his radio immediate consideration. We go around, as I do in my State of address, lifting up our assault forces The PRESIDING OFFICER. Without Oklahoma, spending a lot of time talk- and the families of those who would objection, it is so ordered. The clerk ing to people. I know what we do up give the supreme sacrifice in the D-Day will report. here is significant. We pass laws. We invasion. The President did that before The journal clerk read as follows: have a lot of rules and regulations the invasion. The Senator from Oklahoma [Mr. INHOFE], coming out of the White House, out of During World War II, GEN George for himself and Mr. FRIST, proposes an the various committees, including the Patton led the famous prayer for favor- amendment numbered 2440. one I chair, the Environment and Pub- able weather during the crucial 1944 Mr. INHOFE. Mr. President, I ask lic Works Committee, but when you Battle of the Bulge, and the weather unanimous consent that reading of the are on the street, it is the legislating dramatically improved. Patton issued amendment be dispensed with. from the bench that bothers people 3,200 training letters to officers and The PRESIDING OFFICER. Without more than anything else. And certainly chaplains in the Third Army to ‘‘urge, objection, it is so ordered. taking ‘‘under God’’ out of our Pledge instruct, and indoctrinate every fight- The amendment is as follows: of Allegiance is right at the top of that ing man to pray as well as to fight.’’ (Purpose: To ensure by law the ability of the list. That is George Patton. military service academies to include the Now, I agree with my friend in the In one of the largest social science offering of a voluntary, nondenominational other body, Congressman WALTER research projects in history, the Social prayer as an element of their activities) JONES, who has led this fight in the Science Research Council reported At the end of subtitle G of title X of divi- House of Representatives, when he asks after World War II that soldiers se- sion A, add the following: the question: lected prayer most frequently as their SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- How much longer will we stand by and source of combat motivation. From EMY ACTIVITIES. allow others to ignore the very God upon 1774 until today, more than 67 Armed (a) IN GENERAL.—The superintendent of a whom our Nation was founded? Forces prayer books have been widely service academy may have in effect such pol- I also agree with the position of the and efficiently distributed to our fight- icy as the superintendent considers appro- ing forces during war, from the Amer- priate with respect to the offering of a vol- Concerned Women for America that: untary, nondenominational prayer at an oth- Prayer is essential to the protection of our ican war for independence to the war erwise authorized activity of the academy, families, our communities and our nation. on terror we are fighting today. subject to such limitations as the Secretary We believe that the men and women who put A sampling of just two prayer books of Defense may prescribe. themselves in harm’s way have the right to distributed during World War II and (b) SERVICE ACADEMIES.—For purposes of give public thanks to God and ask for His the Korean war contain recommended this section, the term ‘‘service academy’’ blessings. But some are trying to take this prayers from 34 senior uniformed mili- means any of the following: right away. tary authorities, including Bradley, Ei- (1) The United States Military Academy. Ronald Ray and Linda Jeffrey of Con- senhower, MacArthur, Marshall, and (2) The United States Naval Academy. cerned Women for America recap: (3) The United States Air Force Academy. Patton. On July 11, 2005 the Marine Corps Times Former Chairman of the Joint Chiefs, Mr. INHOFE. Mr. President, even announced the Anti-Defamation League’s re- Admiral Thomas Moorer, concludes: issued call to cease the traditional noon- though the Founding Fathers were Prayer for the common good and acknowl- meal prayer at the Naval Academy, and the very clear and spoke of ‘‘Nature’s God’’ edgment of Divine Providence is a central, Academy’s refusal to surrender. The ADL’s and of the ‘‘Creator’’ in the Declara- official and historic tenet of the combat demands echo the April of 2003 complaint by tion of Independence, the Federal leadership preparation for the American the ACLU, which could not find a plaintiff to Military, particularly officer training and courts are increasingly trying to drive pursue a lawsuit. particularly in times of national peril or every vestige of faith from public life. This is kind of interesting. The On April 30, 2003, came an example war. ACLU was trying to find one cadet at from the Fourth Circuit Court of Ap- Our Constitution demands the free- the Naval Academy to act as a plain- peals. dom to worship freely, and our future tiff. They couldn’t find one. leaders, our men and women in mili- As the Boston Globe reported it: Take a good look at this painting by tary academies across the country, Judges bar prayer at public colleges. In a Arnold Frieberg of ‘‘The Prayer at Val- may soon be denied that freedom for precedent-setting ruling against prayer at a ley Forge.’’ Since the time of George State college, a Federal appeals court has which many have died to ensure that barred the Virginia Military Institute from Washington and the founding of our country, there is unbroken historic freedom for all of us. writing and reciting a prayer before cadets Last year, 2004, the Supreme Court precedent of leader-led prayer sus- eat their evening meals. decided not to hear the ACLU chal- taining American fighting men on the VMI and then the Citadel down in lenge to cadet-led prayers at Virginia battlefield through every American South Carolina have scrapped their Military Institute. VMI, that is where war. In his Farewell Address, George prayers since that Federal court rul- it all started. That decision allowed Washington said: ing, though Justice Stevens declared: the Fourth Circuit Court of Appeals de- I consider it an indispensable duty to close There is no injunction presently barring this last solemn act of my official life by cision to stand which prohibited VMI VMI from reinstituting the supper prayer. commending the interests of our dearest from sponsoring a daily supper prayer. The Naval Academy in Annapolis has country to the protection of Almighty God Right after that, the Citadel followed also been reviewing its policy. The and those who have the superintendence of their lead. ACLU, the American Civil Liberties them into his holy keeping. Supreme Court Justice Stevens Union of Maryland, is calling on the On the 4th of July, of pointed out in his decision for the ma- academy to review its practices of Massachusetts said: jority not to hear the case that, in con- leading the students in prayer. It ought to be commemorated as the day of trast, the Sixth and Seventh Circuit Jeff Jacoby is a columnist for the deliverance, by solemn acts of devotion to Courts have rejected challenges to non- Boston Globe who wrote in 1996: God Almighty. denominational prayer at the college Have you heard about the Virginia politi- The centrality of prayer for the pro- level, reasoning that ‘‘college-age stu- cian who wanted references to God injected tection of those in peril upon the sea dents are not particularly susceptible

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.008 S09NOPT1 S12562 CONGRESSIONAL RECORD — SENATE November 9, 2005 to pressure from peers towards con- The PRESIDING OFFICER. The Sen- time-honored practice, a military in- formity.’’ ator from Virginia. stitution that has played a critical role It is important to acknowledge here Mr. WARNER. Mr. President, I com- in training U.S. military leaders for that the Sixth and Seventh Circuits, as mend our colleague. This is a very sig- over 160 years. Sadly, the majority de- well as the Fourth Circuit, all agree nificant and important step that he has cision of the Supreme Court not to that there is not a problem in our col- taken. I ask unanimous consent to be hear the case allowed a decision by the leges and universities. The VMI prayer added as a cosponsor on the amend- Fourth Circuit Court of Appeals to was voluntary. Stevens states that ment. stand which prohibited VMI from spon- there is no ‘‘direct conflict among Cir- The PRESIDING OFFICER. Without soring a daily supper prayer. cuits,’’ relying on the factual dif- objection, it is so ordered. However, other circuit courts have ferences between the cases in the dif- Mr. WARNER. The Senator from rejected challenges to nondenomina- ferent circuit courts. Kansas asked for a moment or two to tional prayer at the college level. And Justice Scalia writes, however, that speak. I shall yield the floor at this we should, too; we should allow this ‘‘the basis for the distinguishing—that point and then follow with my re- prayer to take place. We shouldn’t this was a separate prayer at a state marks. I first ask the Presiding Officer have a naked public square. We should military college, whereas other cases with regard to the time remaining for have a robust one that lifts up faith involved graduation prayers at state the proponents of the amendment. and lifts up the seeking of those to a The PRESIDING OFFICER. The pro- nonmilitary colleges—is, to put it higher moral authority. mildly, a frail one.’’ ponents have 17 minutes 15 seconds re- Freedom of religion as protected in Scalia continues: maining. the U.S. Constitution does not require In fact, it might be said that the former is Mr. WARNER. I thank the Chair. The PRESIDING OFFICER. The Sen- the removal of all religion from public more, rather than less, likely to be constitu- settings. Such secularity is not what tional since group prayer before military ator from Kansas. mess is more traditional than group prayer Mr. BROWNBACK. Mr. President, I our Founding Fathers envisioned when at ordinary state colleges. thank my colleagues from Oklahoma they established religious liberty as That is the state of the law today. and from Virginia for allowing me to one of the basic tenets of the Republic. Currently, they are not praying at VMI speak on this important amendment. I support the Senator from Oklahoma and at the Citadel. There is some prob- This morning, I started my day in the in his effort to clarify to the judicial lem at the Naval Academy. Senate as the Presiding Officer. I start- branch and the military Congress’s un- Frustrated by the failure to find any- ed it standing next to Chaplain Black, derstanding of this fundamental con- one in the Naval Academy to serve as who is a Navy chaplain. He gave the stitutional right with regard to mili- a plaintiff, the ACLU now asks the opening prayer for the Senate. We have tary academies. This is important. It is Armed Services Committee of the Con- had an opening prayer for many years. one of those things, as we try to stop gress to take action. My amendment is I found it inspiring, encouraging. I this onslaught of the removal of reli- designed to send an unsubtle signal to found it uplifting and important that gious liberty, which is what the move any court that entertains an ACLU we open this body with a prayer. We do is about and what the Senator from suit against the military academies. It so on a daily basis. As I sat as Pre- Oklahoma is trying to prevent, the re- will stand as an indication of congres- siding Officer, I looked at the door op- moval of religious liberties, to allow sional intent on the matter. That is posite me. Right above it, on our the robust practice of religion, non- important. A lot of times congressional mantlepiece, we have ‘‘In God We denominational, nonsectarian, yet intent is not. However, when it is stat- Trust,’’ as we have on our coinage and seeking that God in whom we trust. ed, when a decision is being made on a in our beliefs and hearts. To many I yield the floor. matter like this, it is significant. It is Americans, we are one Nation under The PRESIDING OFFICER. The Sen- that intent that we want to have as an God, indivisible, with liberty and jus- ator from Virginia. amendment to the bill today. tice for all. Mr. WARNER. Mr. President, before Judges inclined to back mealtime It is with this in mind that I rise in the distinguished Senator from Kansas prayer will be able to point to this leg- support of the amendment of the Sen- leaves the floor, I want to speak to him islation as an argument for judicial ator from Oklahoma, No. 2440, that about another matter. I ask unanimous deference to the will of Congress and protects the ability of superintendents consent to go off this amendment for a the executive branch. of military service academies to set ap- brief period and charge the time to me My amendment’s language was in the propriate policies for the offering of from the bill time so I may have a col- House-passed version of last year’s Na- voluntary nondenominational prayers loquy with my good friend and col- tional Defense Authorization Act for at authorized events. This is basic. It is league from Kansas. fiscal year 2005. This year I want to see important. It is the protection of the The PRESIDING OFFICER. Without a recorded vote in the Senate to make practice of religious liberties at our objection, it is so ordered. clear exactly who agrees with this pro- military institutions. Mr. WARNER. The Senator has sub- vision and who does not and to show Prayer in military environments, as mitted to me an amendment which is the strength of support for this provi- well as in public settings generally, has in our allocation of 12 amendments re- sion. While debating this National De- come into question in recent years. garding the notification that you deem fense Authorization Act, and hereafter, This amendment has specific relation important with military families, let us honor our heroes and those who to the 2004 Supreme Court decision not should they seek to access a military have returned home and those who sac- to hear a case regarding the challenge hospital for the performance of an rificed their lives by standing against by the American Civil Liberties Union abortion by a young person in that those liberals who would seek to chal- to mealtime prayers at Virginia Mili- family. Am I generally correct about lenge their God-given right to pray to tary Institute. that? a living Lord. This follows on a series of cases for 40 Mr. BROWNBACK. That is correct. What I would like to do is yield the years now of an attempt by the hard Mr. WARNER. In studying the floor. First, I ask unanimous consent left in America to have a naked public amendment over the night—now it is that Senator ALLARD be added as a co- square, to have no recognition of a di- not the pending amendment, but I sponsor of the amendment. vine authority, to have no recognition want to bring these issues to the atten- The PRESIDING OFFICER (Mr. of seeking a divine authority or guid- tion of the Senator, in fairness. The GRAHAM). Without objection, it is so ance, but a naked, sterile public Senator, though, appreciates that so ordered. square. That was not contemplated in many of these families, particularly Mr. INHOFE. I understand Senator our Constitution. It called for a separa- those abroad, are often separated be- WARNER, our distinguished chairman, tion of church and state, but not the cause a spouse, male or female, as the wants to speak, as well as Senator removal of church from state which is case may be, the serving member in BROWNBACK. what this seeks to perpetuate. uniform, could be detached from the I yield the floor and retain the re- The mealtime prayer at Virginia family homesite and sent into other mainder of my time. Military Institute was a respected and areas of the globe for periods of time to

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.010 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12563 perform missions. For example, there tings, but it will happen. It is a Federal sent. Consistently I have voted for that is a number of families resident in Eu- issue because it is Federal property, here, but I have an overriding responsi- rope whose spouses are then part of Federal employees, and it is something bility for the men and women in the cadres of individuals going into the I think we should do for military per- military, and this is very unique. Iraq situation, some into the Afghan sonnel so they are in charge of their So I put this aside at this time, Mr. situation. That poses some difficulty, child’s upbringing, and particularly on President, and return to the Inhofe as I see it, in trying to work out a com- something such as this of a significant amendment. I thank my colleague. munication between family members, medical procedure of an abortion. So Mr. BROWNBACK. If I could respond which communication is relative to life we try to take into consideration the to the last question. No, not Federal and death, and very important. very legitimate concerns of the Sen- employees involved in Medicare and I am concerned that we are reaching ator in putting this forward. Medicaid, the other situation. We are down to a very small number of indi- Mr. WARNER. Mr. President, again, I talking about Federal employees on viduals, i.e., the military families, and strongly support the principle and the Federal military facilities. We are try- could be imposing upon them, should goals the Senator is seeking, but I have ing to protect the parents’ rights in this amendment be adopted and be- to be mindful of the practicalities of this, which the chairman did not dis- come law, a difficult situation. I am of military life. It is so different than the pute, but others may dispute, and we an open mind, but I am concerned families who are in our several States, still need to provide another procedure about having that type of legislation wherever they may be, and that, of for the child to go outside the parents’ on this bill. course, brings up another question. rights. I think this is important, and Mr. BROWNBACK. If I could respond Suppose this particular military fam- we have tried to make it workable to my colleague—— ily’s members are residents of a State, within the military system. Mr. WARNER. And then if the Sen- which State thus far has not addressed I thank the Senator. ator would address also the issue of the this issue. This State has no require- Mr. WARNER. I thank my colleague. U.S. Federal district court being a par- ment for the parental consent in that We are going to move swiftly today, ticipant in this situation. State, yet they are now being subjected and issues could be brought up with Mr. BROWNBACK. This is a simple to a Federal law which, of course, very short time limitations on debate. parental notification bill which we would have supremacy over the State That has allowed me the opportunity brought up last time on the Depart- law. But is that not an invasive prac- to express my serious concerns that I ment of Defense authorization bill and tice in the States rights? will have to address in the context of agreed to take it on last year because Mr. BROWNBACK. Again, it is a le- this amendment as the day progresses. of desires to move the bill forward. We gitimate question the chairman asks in I ask unanimous consent we go back have worked on it a great deal. What it these troubling areas. We don’t seem to to the amendment by the Senator from is about is if a child, a dependent of have difficulty with this in any other Oklahoma, Mr. INHOFE. military personnel, seeks an abortion, medical procedure a minor child would The PRESIDING OFFICER. Without they have to get parental notification, ask for, that they have to get their objection, it is so ordered. which most Americans support. Most parents’ notification. If a child lit- AMENDMENT NO. 2440 Americans believe if their child is erally in many places has even very Mr. WARNER. Mr. President, I want seeking a medical procedure of any minor surgery, they have to get paren- to again thank my colleague from type, they should have parental notifi- tal notification. And yet because of the Oklahoma. I think it is a very impor- cation take place. social difficulty and how much we tant amendment. Mr. WARNER. Mr. President, if I wrestle with the issue of abortion, they Mr. President, this is an issue that could interject at this time, personally, don’t there, and they are using Federal must be carefully balanced, the con- my own philosophy is in agreement facilities to do this. I think this is stitutional guarantee of free exercise with the objective. My only concern as wholly appropriate given the use of of religion and the constitutional pro- manager of the authorization bill of Federal facilities. hibition against the establishment of the Department of Defense is that I Remember, too, what we are pro- religion. But it is a longstanding tradi- cannot let my personal beliefs override tecting here is the right of the parent tion at these academies, and I think my judgment as to how best to treat toward their minor child. If the minor the amendment is carefully drafted to these families of our military. child has a very difficult relationship strike a balance in those two impor- Mr. BROWNBACK. I understand that with their parents, they can actually tant considerations. my colleague from Virginia and I, too, take it separately to the court and not Moreover, this amendment deals with have major military bases in our have the parent get approval to do this. the particular circumstances and envi- States. Fort Riley is growing in size as If I were a military person, I would ronment that exist at our service acad- an army unit. It is a place that has want something such as this, that I am emies, those honored institutions with troops all the time in Iraq and Afghani- in charge of my minor child’s upbring- long and storied traditions that have stan, so I see this on a personal basis in ing, and particularly when it comes to the mission of training our next gen- my State. But I also see on a personal surgery and something that is so im- eration of military leaders. A part of basis, if you are deployed there and you portant and difficult as an abortion. that mission is now and always has have a minor child who is seeking an This is for the personnel. been the development of moral char- abortion, that you as the father or Mr. WARNER. Mr. President, I en- acter and the appropriate respect for mother want to be notified about that, gaged my colleague to set forth my religious beliefs and needs of others and we provide this to be done tele- concerns to other Members who are who are entrusted with their leader- phonically so a person does not have to trying to evaluate their positions on ship. be present. The court itself would have this amendment, should it come for- I must draw a little bit on my modest to establish witness or evidentiary ward, and I anticipate at the appro- experience in service on active duty in standards if they want somebody to be priate time the Senator will be intro- periods of two wars. I can tell you my present to be able to determine that ducing it. I question is there any prece- own observation of the importance of this person is there, is the actual one dent in Federal law for requiring pa- religion to individuals, particularly who is seeking this. rental notification, for example, in those serving overseas, and the hard- We also provide a system in here that Medicare, Medicaid, or Federal em- ships they endured either from family a guardian is appointed if needed, and ployee health programs? separation or combat situations or that can be done by the district court I have to move on to this amend- other difficult problems. It is a very without the approval of the parents, ment, but it is a series of very impor- deep feeling these many individuals but they have to go through that pro- tant fundamental questions that has to have about their respective religious cedure to be able to get this done. be addressed in the context of the Sen- traditions and family traditions in reli- We have worked to try to make this ator’s amendment, despite my own per- gion, and it has often been a matter of work with personnel. I think it is going sonal view that I associate myself with life and death to some individuals. to happen in a limited number of set- the Senator about the parental con- Clinging to those strong beliefs has

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.012 S09NOPT1 S12564 CONGRESSIONAL RECORD — SENATE November 9, 2005 pulled them through difficult situa- laid aside to consider amendment No. Mr. LEVIN. Mr. President, I thank tions. 2437. the Senator from Idaho. The two I also stop to think about our acad- Mr. INHOFE. Reserving the right to changes we have proposed to the emies. I have had the privilege over the object, let me ask the author of the re- amendment make it clear that the con- years to visit all of them. I think par- quest what the intention is because I viction of a capital offense, as referred ticularly of the Naval Academy and its want to continue with my discussion. to, could either be State or Federal, magnificent chapel. People come from About how much time does the Senator would have to be a final conviction so all over the world to see the chapel at want to take for consideration of the there is no appeal pending or a pending the U.S. Naval Academy. Just this year amendment? court challenge. And it provides for the I was privileged to be the keynote Mr. CRAIG. I think less than 2 min- possibility of a commutation of that speaker at the dedication of a new utes could solve this issue and we could sentence by a Governor or the Presi- small entrance at the Naval Academy return to the Senator’s amendment. dent. where those of the Jewish faith can go Mr. INHOFE. I have no objection. With those two changes, it will be ac- and quietly exercise their religion and I ask unanimous consent that Sen- ceptable to us, and we can agree it will share their prayers. I encourage any- ator CORNYN be added as a cosponsor of be part of a managers’ package. There one in that area to go and look at these my amendment. was no intent that this be 1 of the 12. two edifices. To me they symbolize the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- importance of religion in our military objection, it is so ordered. ator from Virginia. life. Mr. WARNER. Mr. President, we Mr. WARNER. Mr. President, may I I commend the Senator from Okla- have a technical problem we have to inquire of the proponent of the amend- homa. address with regard to the UC request; ment, I heard him use the term ‘‘mili- I have been informed by the distin- that is, we are operating this bill under tary cemeteries.’’ There are State and guished ranking member that there a UC, 12 amendments each side. This is Federal cemeteries. This amendment is could be an amendment in the second not 1 of the 12. directed at Federal cemeteries? degree and that individual who would Mr. CRAIG. That is correct. Mr. CRAIG. It is the only one over bring it forth is due here in about 20 or Mr. WARNER. Therefore, I think we which we have jurisdiction; that is cor- 30 minute is my understanding, at could go on the bill time for the pur- rect. which time I hope we could finish ad- pose of discussing the Senator’s amend- Mr. LEVIN. As I understand it, na- dressing this amendment such that the ment in the hopes what differences re- tional cemeteries, Federal cemeteries are governed by the amendment. With Senate could vote presumably on the main could be reconciled so this those changes, we will not object to the second-degree amendment and then the amendment could be included as part amendment. In fact, I think there will underlying amendment prior to the of the managers’ agreed-upon package. noon period, although we will not stop Mr. President, let the record reflect be good support for it. Senator MIKUL- consideration of the bill at the time we are not calling this amendment up SKI, as I understand, is a supporter of but would continue. But I hope that within the context of the UC which it. One other comment, Mr. President. It amendment could be agreed to. controls the overall procedure of this is my understanding that both the vet- I see the distinguished ranking mem- bill but that the two Senators are sim- erans organizations and the Veterans’ ber. ply having a colloquy, which is fine. Affairs Committee support this amend- The PRESIDING OFFICER. The Sen- Mr. CRAIG. Mr. President, that is, of ment; is that accurate? ator from Michigan. course, the order. I thank the chairman Mr. LEVIN. Mr. President, I appre- Mr. CRAIG. Mr. President, that is for correcting us in that because we are correct. Full disclosure here: There is ciate the chairman’s comment. I do operating on the broader bill, the un- hope and believe that Senator REED always concern when you restrict ac- derlying bill, under a UC. cess for purposes of burial, but because will in about half an hour be able to ad- This amendment was brought forth we have already established that in dress the issue. I can’t commit to a with the hope that both sides could ac- Federal law and this appeared to be a vote, however, as indicated by the cept it. Our side has accepted it. I loophole, which it was, and an indi- chairman. I believe there is some worked with the ranking member, Sen- vidual, as I so stated, who was con- scheduling issue on this side which ator LEVIN, to resolve a couple of issues victed of murder in two instances in may preclude a vote at the time hoped in it that I think can be accepted. In Maryland was buried this summer in for by the chairman. But let me work that case, I hope it will appear in the Arlington Cemetery, they understand that issue the best I can as to when the managers’ amendment. that clearly, they appreciate that cor- vote would come on this amendment. We would include in the amend- rection. And I am very specific in my I believe Senator CRAIG may have an ment—and we are discussing those who discussions with the Senator from amendment—— are eligible to be buried in military Mr. WARNER. Mr. President, before Michigan that we are talking about cemeteries. We have a prohibition now we depart, I hope the Senator could capital offenses—not all felonies, cap- against those with a Federal capital of- share with me and the Republican lead- ital offenses of this kind. fense lying at rest in our military ership, with the understandable im- I thank both of my colleagues for cemeteries. We found this summer that pediments our two leaders have, with helping us work out this issue. I hope an individual who had been convicted regard to votes and scheduling them. this could be included in the managers’ of murder in two instances in Mary- We want to try to—— amendment. Mr. LEVIN. I hope we could stack land, serving his life sentence in a Mr. LEVIN. Mr. President, if the Sen- votes at some point, including a vote Maryland prison, died and was buried ator will yield further, we have had a on the Inhofe amendment with a sec- in Arlington. We want to correct that discussion, and I received the assur- ond-degree possibility and also—— by saying that Federal or State law, ance from Senator CRAIG, which I very Mr. WARNER. And the Ensign where the final decision—he is found much welcome, that it is not his intent amendment. guilty even under appeal—it has to be that this lead to a broadening of this Mr. LEVIN. And the Ensign amend- a final decision in that instance, and prohibition to include all felonies, but ment as well. I have talked to Senator that under extraordinary cir- it is his intent, both in the amendment CRAIG and you have apparently. cumstances, even though he might be and his personal view, that this should Mr. WARNER. I have. It is such that convicted, a Governor or a President be limited to the capital offense as you and Senator CRAIG can discuss that would commute the sentence. That identified in the amendment. amendment. would be the exception. Mr. CRAIG. That is correct. Mr. CRAIG. Mr. President, may I in- I would be willing to agree to those Mr. LEVIN. I thank the Senator. quire as to the order appropriate that two items to be included in the amend- Mr. WARNER. Mr. President, I would we would discuss and bring up this ment if that is acceptable to all par- like to join Senator CRAIG as a cospon- amendment? ties, and we would so craft it that way. sor on this amendment. Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Sen- This is an example which other Sen- sent that the pending amendment be ator from Michigan. ators may wish to access as to how the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.013 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12565 two managers are willing to work in Mr. President, I have always enjoyed So in training, I say to my friend open colloquy on areas where there are one-sentence amendments because one from Texas, they put a tuft of hay in amendments outside the framework of can’t misinterpret one sentence. I had one boot and a tuft of straw in another the 12 on each side which could pos- one the other day that had to do with boot, and they marched to a cadence of sibly be reconciled, and a part of that the appropriations process. I did one in ‘‘hay foot straw foot.’’ As they stood reconciliation process would be the 1994 that ended up being a major, sig- there and heard the ground shaking as need for an open colloquy. This is a for- nificant reform in the other body. the greatest army on the face of this mat the Senator from Michigan and I I will read this so people don’t mis- Earth approached Lexington and Con- are pleased to entertain where there understand it: cord, they knew by resisting they were are other amendments that a colloquy The superintendent of a service academy signing their own death warrant. They in open session would be helpful in try- may have in effect such policy as the super- knew when they heard the shot heard ing to reach a reconciliation. intendent considers appropriate with respect round the world they were going to win Mr. CRAIG. Mr. President, I thank to the offering of a voluntary, nondenomina- tional prayer at an otherwise authorized ac- in spite of these odds, not even know- the chairman of the full committee and tivity of the academy. . . . ing that a tall redhead stood in the the ranking member for their accom- Some people asked a question about House of Burgesses and made a speech modations. for them and for us today, when he Mr. LEVIN. Mr. President, we thank denominational prayer. Let me share with you—and I think I can read it in asked: How could this frail group of pa- the Senator from Idaho for bringing this period of time—an entire piece by triots defeat the largest army on the this to the attention of the Senate and John Adams. John Adams was the first face of this Earth? He made a very fa- for making this correction. mous speech, but there are three sen- Mr. WARNER. Mr. President, it is Vice President of the United States and the second President of the United tences people have forgotten. They are: also important, with my colleague on Sir, we are not weak if we make a proper the floor, that we are bound by this UC, States. This is what he said on this subject: use of those means which the God of nature 12 amendments on each side, and as we has placed in our power. Three millions of bring up amendments, I carefully des- When the Congress met, Mr. Cushing made people armed in the holy cause of liberty, a motion that it should be opened with pray- and in such a country as that which we pos- ignate, as the Senator from Michigan er. It was opposed by Mr. Jay of New York does, that they are within the 12 each sess, are invincible by any force which our and Mr. Rutledge of South Carolina, because enemy can send against us. Besides, sir, we side has. we were divided in religious sentiments, Mr. LEVIN. If the chairman will shall not fight our battles alone. There is a some Episcopalians, some Quakers, some just God who presides over the destinies of yield on that point because I wish to Anabaptists, some Congregationalists, so nations, and who will raise up friends to affirm and confirm what he has just that we could not join in same set of wor- fight our battles for us. said, that these colloquies, which are ship. Mr. Samuel Adams rose and said, that he was no bigot, and could hear a prayer of And they fired the shot heard round necessary for clearance of amend- the world, and we won. ments, are very useful. We are used to any gentleman of piety and virtue, and at the same time a friend to his country. He We were a nation under God, and we this, all of us in the Senate, engaging was a stranger in Philadelphia, but had depended upon God to win that fight in these kinds of colloquies, and there heard that Mr. Duche deserved that char- and every fight since then. That is why is no intent, for instance, in this last acter and therefore he moved that Mr. I think it is so important today, as a colloquy, that amendment be listed as Duche, an Episcopalian clergyman, might be part of this reauthorization bill, that 1 of the 12 amendments on the Repub- desired to read prayer to Congress to-morrow we reaffirm our ability to train our morning. The motion was carried in the af- lican side. people at our academies to look to Al- Mr. WARNER. Mr. President, I yield firmative. Accordingly he . . . read several prayers in mighty God in the way they deem ap- the floor. propriate, in a way to use that power The PRESIDING OFFICER. The Sen- the established form, and then read . . . the 35th Psalm. You must remember this was the to defend America in their careers. ator from Oklahoma. next morning after we had heard the rumor I retain the remainder of my time, Mr. INHOFE. Mr. President, how of the horrible cannonade of Boston. It Mr. President. I understand there is 3 much time remains on our side? seemed as if Heaven had ordained that Psalm The PRESIDING OFFICER. There is minutes remaining. to be read that morning. The PRESIDING OFFICER. There is 8 minutes 55 seconds remaining. After this, Mr. Duche, unexpectedly to ev- Mr. INHOFE. Mr. President, I don’t erybody, struck out into extemporary pray- 2 minutes remaining. Mr. WARNER. Mr. President, the dis- know of anyone who is going to be er, which filled the bosom of every man tinguished Senator from Texas in- wanting time to speak against this present. Here was a scene worthy of a painter’s art. quired of the managers if he could ad- amendment. I inquire of the ranking It was in Carpenter’s Hall, in Philadelphia. dress an issue that is tangential to our member if he knows of anyone who is . . . Washington was kneeling there, and national security. I ask unanimous going to be speaking in opposition to Henry, and Randolph, and Rutledge, and Lee, consent that he be allowed to speak as this amendment? and Jay; and by them stood, bowed in rev- in morning business, thereby not tak- Mr. LEVIN. Mr. President, I do be- erence, the Puritan patriots of New England, lieve there is at least one Member on who, at that moment had reason to believe ing time off the bill, and that would be this side who will be offering or consid- that armed soldiery was wasting their hum- for not to exceed 10 minutes. The PRESIDING OFFICER. Without ering a second-degree amendment. bled households. It was believed that Boston Mr. INHOFE. Or another first-degree had been bombarded and destroyed. They objection, it is so ordered. amendment. That is fine. In opposition prayed fervently for America, for Congress. The Senator from Texas is recognized ... to this amendment, though. for 10 minutes. Mr. LEVIN. The second-degree I think that is very significant. UNITED STATES-INDIA RELATIONS amendment—however one wants to I read an article the other day that Mr. CORNYN. Mr. President, I thank characterize it—I do understand there was very interesting. It was an article the distinguished chairman of the Sen- is a second-degree amendment possible. by a military historian who said that ate Armed Services Committee and the Mr. INHOFE. I understand there is 8 the Revolutionary War could not have distinguished ranking member for this minutes remaining; is that correct? been won. He goes back and talks accommodation. This is an important The PRESIDING OFFICER. That is about the same thing that John Adams matter that does relate directly to our correct. was talking about, about this tremen- national security and that has to do Mr. LEVIN. So we do not mislead our dous army, the greatest military force with the remarkable progress that friend from Oklahoma, there may very on the face of this Earth marching up United States-India relations have well be Senators of whom I am not to Lexington and Concord. Our soldiers made over the last several years and aware who would want to speak in op- at that time were not really soldiers; the path that lies ahead. position. they were hunters and trappers, and As my colleagues know, Prime Min- Mr. INHOFE. In that there is no one they were armed with just basic and ister Singh visited Washington in July on the floor right now, if it is all right crude equipment. We remember the for a historic state visit. This event with the chairman and ranking mem- story that most of them couldn’t read marked a critical milestone in our im- ber, I will conclude my remarks. or write. proving relationship, but the Congress

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.014 S09NOPT1 S12566 CONGRESSIONAL RECORD — SENATE November 9, 2005 needs to help ensure that this relation- The fact is, this agreement will en- civilian nuclear energy cooperation an ship reaches its full potential. Presi- hance our nonproliferation efforts. It is opportunity to satisfy these growing dent Bush has made it a fundamental correct that India is not a signatory to energy needs without environmental foreign policy objective to move United the NPT. They have decided, for their hazards of relying solely on fossil fuels. States-India relations to a new level own national security reasons, that In short, this agreement is important and plans to visit India in the near fu- they will not become a party to the to our growing international strategic ture. treaty, and no amount of international partnership and for India’s domestic India is the world’s largest democ- pressure, persuasion, or cajoling will energy needs. racy, and our two great nations share convince them to do otherwise. This is Although the administration’s nego- many common values and common be- a reality which we face, but the status tiations with the Indians are ongoing liefs. It is only appropriate, then, that quo for another 30 years is not accept- regarding the implementation of these the United States and India become able either. commitments, I am confident that we true strategic partners as we move into Recognizing this reality, we must are on the right track. I look forward the 21st century. Fortunately, the days ask ourselves what we can do to pro- to the role that Congress will play in of the Cold War when the United States mote nonproliferation efforts with this important process. and India were at odds are long past. India and bring them within the inter- I yield the floor and I suggest the ab- Today, the United States and India national nonproliferation regime. The sence of a quorum. share a common vision for the future civil nuclear cooperation agreement The PRESIDING OFFICER. The as we battle terrorism together and the provides the answer. Despite not sign- clerk will call the roll. proliferation of weapons of mass de- ing the NPT, the Nuclear Non-Pro- The legislative clerk proceeded to struction, HIV/AIDS, and a host of liferation Treaty, India has an excel- call the roll. other challenges that face our world. lent nonproliferation record. They un- Mr. REED. Mr. President, I ask unan- The United States is fortunate to derstand the danger of the prolifera- imous consent the order for the have many Indian Americans who have tion of weapons of mass destruction, quorum call be rescinded. helped bring our two nations closer to- and that is why India has agreed to ad- The PRESIDING OFFICER. Without gether. There are 2 million people of here to key international nonprolifera- objection, it is so ordered. Indian origin in the United States, ap- tion efforts on top of their own strin- Mr. REED. Mr. President, I believe proximately, many of whom are now gent export control regime. we are on the Inhofe amendment pend- U.S. citizens. There are about 200,000 This is a significant step forward, ing before the Senate? Indian Americans in my State of Texas which has been welcomed by the Inter- The PRESIDING OFFICER. That is alone. Nearly 80,000 Indian students are national Atomic Energy Agency Direc- correct. studying in our Nation’s colleges and tor, Mohamed El-Baradei, who under- AMENDMENT NO. 2440 universities. Their contributions to our stands that India will not come into Mr. REED. Mr. President, I rise to Nation and our relationship have been the NPT through the normal route. address some of the issues that have remarkably positive. This agreement brings India’s growing been presented by the amendment of I will spend just a moment talking civilian nuclear capabilities within Senator INHOFE. I do so with some per- about an important agreement that international export control regimes. spective on issues of prayer at service was reached last July between Presi- India will now assume the same non- academies. I spent 4 years as a cadet at dent Bush and Prime Minister Singh proliferation responsibilities that West Point, 2 years as a faculty mem- that will require congressional ap- other nations have with civil nuclear ber at West Point, and today I am the proval to implement. This agreement, energy. Specifically, India has agreed chairman of the board of visitors at known as the Civil Nuclear Coopera- to identify and separate civilian and West Point. I am the first to recognize tion Initiative, will help India with its military nuclear facilities and pro- the importance of prayer, not only in energy needs and help bring India into grams and file with the IAEA a dec- the life of the service academies but in the mainstream of international nu- laration with regard to its civilian fa- the life of people everywhere. clear nonproliferation efforts, both of cilities. It has agreed to place volun- Over the course of 200-plus years of which are worthwhile goals. tarily its civilian nuclear facilities history, prayer has become an impor- While it is true that the agreement under IAEA safeguards. It has agreed tant aspect of life, not only at West on civil nuclear cooperation is a sig- to sign and adhere to an additional pro- Point but at Annapolis and other insti- nificant departure from previous U.S. tocol with respect to civilian nuclear tutions. policy, still it represents a positive facilities. And it has agreed to con- Interestingly enough, when I was a step as we grow in our strategic rela- tinue its unilateral moratorium on nu- cadet, there was a much more signifi- tionship with the nation of India. For clear testing. cant structure of religious participa- more than 30 years, the United States Furthermore, it has agreed to work tion. We were actually ordered to go to and India have disagreed over India’s with the United States for the conclu- chapel, ordered to participate in activi- decision not to sign the Nuclear Non- sion of a multilateral fissile material ties. That was struck down in 1972 as Proliferation Treaty. As such, the cutoff treaty. It has agreed to refrain an unconstitutional infringement. United States has not cooperated with from the transfer of enrichment and re- This is a very difficult issue because India on the issue of civilian nuclear processing technologies to states that it does implicate serious constitutional power. do not have them and support efforts concerns, as well as the desire to main- In short, we have been at a stale- to limit their spread. tain the traditions and the customs of mate, which has neither served our Finally, India has agreed to secure the military and the service academies. nonproliferation goals nor helped In- nuclear materials and technology Interestingly enough, my perspective dia’s need for energy resources. Fortu- through comprehensive export control now, after about 30 years, is that the nately, a civil nuclear cooperation legislation and adherence to the Mis- faith communities at West Point are agreement will allow us to move for- sile Technology Control and Nuclear even more vital and vibrant today than ward in a way that serves both the in- Suppliers Group. years ago when cadets literally were terests of the United States and the in- Each of these commitments rep- ordered to participate in religious ac- terests of India. resents a positive step forward. India, tivities. In fact, last summer, as part of In order to implement this agree- which is no stranger to international the operations of the board of visitors, ment, Congress will need to approve. terrorism itself, is motivated by its I asked that the chaplains come to- The fundamental question before Con- own security needs to fight prolifera- gether on an informal basis, and we gress will be why should we allow civil- tion of nuclear weapons. The same is talked about religious participation at ian nuclear cooperation with India true of the United States. Both na- West Point. What I heard from the when they refuse to sign the Nuclear tions, as well, are dependent on oil im- chaplains is that it is alive and well, Non-Proliferation Treaty? And will we ports to satisfy the needs of their that it is something important to the not be somehow undermining our own economies and to create jobs for their individual lives of cadets and to the nonproliferation efforts? people. Both nations, therefore, see in community at West Point. That is why

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.016 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12567 I think, as we try to legislate these ac- of the academy a pronounced and sec- to more explicitly reflect that clear, tivities from the perspective of the tarian religious approach. I think we and I think obvious, fact. U.S. Congress, we might be inviting are all familiar with many of the sto- As I mentioned before, the Secretary more problems than we are solving. ries from the Air Force Academy. of Defense is dealing today with the As I look at the amendment of Sen- As a result, the Secretary of Defense issue of religious activities at the Air ator INHOFE, it speaks of voluntary, has issued interim guidance with re- Force Academy. He has also indicated nondenominational prayer at otherwise spect to proselytization and other reli- that, if his interim guidelines are prac- authorized activities of the academy, gious activities. I would note that the tical, workable, and appropriate in his subject to the limitations of the Sec- language of Senator INHOFE recognizes view, that he intends to extend those retary of Defense, more or less. The the right of the Secretary of Defense to to the other service academies, effec- real problem in the context of military do that. In fact, I would assume it tively doing what this legislation is activities is, what is voluntary? There lends further support and credence to proposing to do. I think we should give is a strong sense that there is not much the guidance that he is developing and the Secretary of Defense a chance to do that is voluntary in the military. Any- will issue because, as the language that. I think he is working in a way one who has served on active duty un- says, ‘‘subject to such limitations as that is evenhanded, appropriate, recog- derstands that even in some cases vol- the Secretary of Defense may pre- nizing that soldiers are bound by the unteering isn’t voluntary. I know I had scribe.’’ Constitution. That is their duty. That a first sergeant in the 82nd Airborne I think what we are seeing, in terms is their obligation. Division who would walk in and pick of this legislation, is several results I say if we march down this road, I three people and inform them they had which might be unintended by those think we are raising serious issues that just volunteered. That is a cultural as- who are supporting it. First, I think are going to complicate the facts even pect and a legal aspect of military rather than clarifying and settling the more than they are today. So I hope we service. So even though this speaks to issue of religious expression at the could wait. I hope we could wait until voluntary, nondenominational prayer, service academies, it will prompt fur- these guidelines have been fully vetted the real issue in the context of the ther discussion, debate, and perhaps by the Secretary and he has made a de- military is, Is it voluntary? even litigation. Second, it does specifi- cision with respect to their propriety, That issue is now being debated. One cally recognize that there is an ongo- their appropriateness. Indeed, once of the reasons prompting this par- ing process by the Secretary of Defense again, as the amendment suggests, ul- ticular legislative amendment is the to redefine appropriate modes of reli- timately whatever the superintendents fact that the Naval Academy has been gious expression at the academies. of the academies do will be subject to questioned about a prayer at their And, as I read it, it does give sanction the guidance of the Secretary of De- luncheon meal. Whether it is non- to those activities—in fact, legal sanc- fense. Frankly, that guidance today, if denominational is not the point. The tion to those activities. you look at it, is drawing mixed re- question is whether it is voluntary. I So for many reasons I think the leg- views from both the proponents of the do not think we are going to escape islation is not the most appropriate separation of church and state and that analysis and that issue by passing way to deal with this issue. Ulti- those who want a much more aggres- this legislation. In fact, my fear is by mately, my sense is that these issues, sive posture when it comes to religious passing this legislation we are going to because they are dominated by con- expression in public places. Maybe that essentially invite litigation about a stitutional concerns, will be settled in is a good sign. Maybe the Secretary has whole series of religious expressions at court, not by legislative enactment. struck that balance between the con- service academies, not just prayer in There is nothing we could do legisla- stitutional demands of separation of the mess hall at lunch but prayer at tively to correct such constitutional church and state and the individual’s graduation ceremonies, at promotion faults. I think to try to do that mis- desires and needs to express themselves ceremonies—all of that. construes what we are about and what to the Divine. Frankly, on a practical basis, this we could practically do. I hope we could forbear on this one. If legislation is not necessary. First, the As a result, I hope this legislation not, then I think we have to make superintendents already have the au- could be withdrawn, but I suspect that some changes in the text to reflect the thority to prescribe what is happening is not the case. So I think we should overarching constitutional imperatives at the academies—either explicitly or make some changes in the legislation that are at the heart of this debate. implicitly the current religious expres- in that at least reflects the fact that I retain the remainder of my time sion at the academies is being author- all of us are bound by the Constitution and yield the floor. ized by the superintendents. of the United States. Mr. INHOFE. If the Senator will Also, I think, given the fact that Again, I have been involved with yield, I inquire of the Senator, he has they are doing this and it seems to be these academies since I was 17 years used some of the time in opposition working fairly well, this legislation old. I have seen personally the impor- speaking to this amendment. Is the does not give them any more authority tant role that prayer and religion play Senator’s desire to have another than they have already. As I suggested in the lives of cadets, soldiers, and offi- amendment on the same subject to be previously, it raises, certainly, the pro- cers. I recognize and cherish the cus- introduced separately from this? file, so it might engender the kind of toms of these academies, and these tra- Mr. REED. My preference would be to controversies that will lead to seri- ditions. I think it is unfortunate that try to amend the Senator’s amend- ously questioning and perhaps cutting we may unwittingly be starting a dy- ment. back existing religious expression at namic that will seriously erode these Mr. INHOFE. Mr. President, we have these service academies. So I do not customs and traditions, and I think a problem. think, as a matter of either policy or of perhaps to the detriment of the acad- Mr. REED. Mr. President, I yielded good sense, this legislation is in order emies and to the military service and to the Senator. Would he like to use or necessary. to the young men and women who his time? I retain the remainder of my In addition, what is happening at the proudly wear the uniform of our Armed time. academies now is not so much the sole Forces. So I hope we can avoid that. Mr. INHOFE. Mr. President, I under- issue of the propriety of prayer or reli- But I think, also, we have to recog- stand I only have a couple of minutes gious expression at different authorized nize that we are all governed, particu- left, so let me very quickly say right activities. There is another big issue larly when it comes to issues of prayer now: There is a problem. In the Air out there that we have to recognize. It in the public space, by the Constitution Force all they have is a 20-second pe- comes from the recent activities at the of the United States, and that there is riod of silence. I don’t call that a pray- Air Force Academy, where there have nothing, as I said before, that we can er. At West Point they do not even been serious reports about proselytiza- do that can insulate activities within have a period of silence. They say you tion, of superior officers using their the military from the Constitution. can pray, but everyone else is talking. rank and position to try to proselytize There is nothing we should do. I think This is not a prayer. I think a problem cadets, to try to insert in the activities whatever language we adopt today has is there.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.023 S09NOPT1 S12568 CONGRESSIONAL RECORD — SENATE November 9, 2005 I think the argument that this might gree amendment, allowing Members to icy as the superintendent considers appro- raise the profile is not a valid argu- vote essentially on my amendment priate with respect to the offering of a vol- ment. I have heard it before. In 2003 the first, then voice vote the amendment of untary, nondenominational prayer at an oth- erwise authorized activity of the academy, ACLU requested specifically that the the Senator from Oklahoma—if it suc- subject to the United States Constitution prayers stop. In 2005 the Anti-Defama- ceeds, then the underlying amendment. and such limitations as the Secretary of De- tion League did the same thing. The That was my preference. fense may prescribe. attack is there. Mr. INHOFE. There would be side-by- (b) SERVICE ACADEMIES.—For purposes of This is a very simple, one-sentence side amendments. this section, the term ‘‘service academy’’ solution to the problem. At the appro- Mr. REED. No. My preference is that means any of the following: priate time, in fact, right now, I urge we entertain a second-degree amend- (1) The United States Military Academy. the adoption of this amendment and (2) The United States Naval Academy. ment and vote, and if the second-degree (3) The United States Air Force Academy. ask for the yeas and nays. amendment is agreed to, then the un- Mr. WARNER. Madam President, I The PRESIDING OFFICER (Ms. derlying amendment would be voted MURKOWSKI). Is there a sufficient thank my two colleagues. on. There would be a series of votes. Have the yeas and nays been ordered? second? There is a sufficient second. Mine would be voted on first. The PRESIDING OFFICER. The yeas The yeas and nays were ordered. Mr. INHOFE. I object to that course. and nays have been ordered. Mr. INHOFE. It is not my intent to I suggest the absence of a quorum. Mr. WARNER. I thank the Presiding proceed until we start several votes at The PRESIDING OFFICER. The Officer. a later time, I say to my good friend clerk will call the roll. I am about to propound a unanimous from Rhode Island. The legislative clerk proceeded to consent request which I understand is The PRESIDING OFFICER. Who call the roll. cleared on both sides. yields time? Mr. INHOFE. Madam President, I ask I ask unanimous consent that at 2:45 Mr. WARNER. Madam President, we unanimous consent that the order for today, the Senate proceed to a vote in need to inquire as to the issues of the the quorum call be rescinded. relation to the Inhofe amendment No. proponent of the amendment, as to the The PRESIDING OFFICER. Without 2440, as modified, to be followed by a allocation of time. What is his desire objection, it is so ordered. vote in relation to the Ensign Amend- on that? Mr. INHOFE. Madam President, I ment, No. 2443; provided that there be 6 Mr. INHOFE. I would say to the have read the suggested change that minutes for debate equally divided in chairman, I think the allocation of the distinguished Senator from Rhode the usual form prior to the first vote time has already taken place. I have Island has to my amendment. If it is and 6 minutes equally divided for de- used my time. I have not yielded back his intention not to offer another bate prior to the second vote, with no the remainder of my time. I probably amendment on this subject matter but second degrees in order to either only have 30 or 40 seconds left. It is my merely to amend mine, I will accept amendment prior to the vote. desire to get a vote on this amend- that. I would yield the remainder of my Mr. DAYTON. Madam President, re- ment, if the distinguished Senator time, and we would have one vote to serving the right to object. from Rhode Island has an amendment take care of it. Mr. WARNER. I think we are cleared. that we get a vote on his amendment, Mr. REED. Madam President, I sug- Mr. DAYTON. We need to discuss the and whatever the allocation of time is gest the absence of a quorum. amount of time on the Ensign amend- at that point, we will exercise that. The PRESIDING OFFICER. The ment. Mr. WARNER. Madam President, clerk will call the roll. Mr. WARNER. I think everything has that sounds like a reasonable request. The legislative clerk proceeded to been cleared. Mr. DAYTON. No objection. Can the Senator from Rhode Island ad- call the roll. vise the Senate? Mr. ENSIGN. Madam President, prior Mr. REED. Madam President, I ask to having the 6 minutes prior to the Mr. REED. Let me understand. Is it unanimous consent that the order for in order now for me to propose a sec- vote but between now and the time the quorum call be dispensed with. that votes will occur, will there also be ond-degree amendment which would The PRESIDING OFFICER. Without then require just a short explanation time to debate my amendment? objection, it is so ordered. Mr. WARNER. Madam President, I and debate, and then we can move to a Mr. REED. Madam President, the presume there will be an opportunity. vote on the second-degree amendment, Senator from Oklahoma has offered to We are making progress. But there are and then on the underlying amend- modify his amendment the way I sug- junctures at which time Senators can ment? gested and then, having modified the address various aspects of the bill, in- Mr. WARNER. That would be the de- amendment, schedule votes. I have no cluding the distinguished Senator from sire of the manager. objection to that. Nevada. I wish to inquire of the proponent. Mr. INHOFE. Madam President, that Mr. ENSIGN. Madam President, may Does he agree to the course of action? seems very acceptable to me. I ask unanimous consent it be modified Mr. INHOFE. Would the Senator I will read the modification on page 2 so that at least 15 minutes between please repeat that course of action? of the amendment. On line 2, insert the now and the vote would be reserved for Mr. REED. We are agreeing, as I un- following: ‘‘the United States Constitu- debate on the Ensign amendment? derstand it, that as soon as the Senator tion and . . . ’’ I have no objection to Mr. WARNER. Madam President, I yields his remaining time, it would be that. am willing to accede to that. Would in order for me to offer a second-degree AMENDMENT NO. 2440, AS MODIFIED that time be equally divided? amendment. I will do so. I will speak I send this amendment to the desk Mr. ENSIGN. Yes. briefly on the second-degree amend- and ask unanimous consent that it be Mr. WARNER. Fifteen minutes be- ment, and I think it would be in order so modified. tween now and 2:45 be reserved for a de- to either entertain additional debate The PRESIDING OFFICER. Without bate on the Ensign amendment, 15 min- by the Senator from Oklahoma and objection, it is so ordered. utes equally divided. others or to set a time for a vote. The amendment (No. 2440), as modi- The PRESIDING OFFICER. Is there Mr. INHOFE. My preference would be fied, is as follows: objection? Without objection, it is so to go ahead and have this as a first-de- ordered. gree amendment, offering the amend- (Purpose: To ensure by law the ability of the Mr. WARNER. I ask the Presiding Of- military service academies to include the ment of the Senator from Rhode Island offering of a voluntary, nondenominational ficer if that is in place, as modified as a first-degree amendment, and if he prayer as an element of their activities) with the 15 minutes? desires to have a vote on his first, I At the end of subtitle G of title X of divi- The PRESIDING OFFICER. That is would have no objection. sion A, add the following: correct. Mr. WARNER. I thank the Chair. Would that satisfy the Senator from SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- Rhode Island? EMY ACTIVITIES. AMENDMENT NO. 1563, AS FURTHER MODIFIED Mr. REED. I think the most efficient (a) IN GENERAL.—The superintendent of a I ask unanimous consent that the course is simply to allow my second-de- service academy may have in effect such pol- previously agreed to amendment No.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.024 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12569 1563 be further modified. I send that The PRESIDING OFFICER. Without The PRESIDING OFFICER. They modification to the desk. There was a objection, it is so ordered. have not been ordered. technical error in the preamble. There Mr. DAYTON. I thank the Chair. Mr. ENSIGN. I ask for the yeas and is no change in the substance of the I yield the floor, and I suggest the ab- nays. amendment. sence of a quorum. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without The PRESIDING OFFICER. The sufficient second? objection, it is so ordered. clerk will call the roll. There is a sufficient second. The amendment (No. 1563), as further The legislative clerk proceeded to The yeas and nays were ordered. modified, is as follows: call the roll. Mr. ENSIGN. I yield the floor. On page 357, after line 20, insert: Mr. LEVIN. I ask unanimous consent AMENDMENT NO. 2473 TO AMENDMENT NO. 2433 PART II—NAVY CONVEYANCES that the order for the quorum call be Mr. DURBIN. Madam President, SEC. 2851. LEASE OR LICENSE OF UNITED STATES rescinded. there is a pending amendment offered The PRESIDING OFFICER. Without NAVY MUSEUM FACILITIES AT WASH- by Senator CHAMBLISS numbered 2433 INGTON NAVY YARD, DISTRICT OF objection, it is so ordered. COLUMBIA. which I am going to seek to amend. AMENDMENT NO. 2443 (a) LEASE OR LICENSE AUTHORIZED.— With the permission of the Presiding Mr. LEVIN. Mr. President, relative (1) IN GENERAL.—The Secretary of the Navy Officer, I would speak to that issue at may lease or license to the Naval Historical to the amendment of the Senator from this moment. We are working with the Foundation (in this section referred to as the Nevada, I had one question. Section 1 Parliamentarian on the exact number ‘‘Foundation’’) facilities located at Wash- of Executive Order 11850 states the fol- of this amendment we will be offering. ington Navy Yard, Washington, District of lowing: There is no agreement at this time. If Columbia, that house the United States The Secretary of Defense shall take all I might, I want a few minutes to speak Navy Museum (in this section referred to as necessary measures to ensure that the use by the ‘‘Museum’’) for the purpose of carrying to the amendment I am offering, if that the Armed Forces of the United States of would meet with the approval of the out the following activities: any riot control agents and chemical herbi- (A) Generation of revenue for the Museum cides in war is prohibited unless such use has Senator from Nevada. through the rental of facilities to the public, Presidential approval in advance. Mr. ENSIGN. I have spoken to the commercial and non-profit entities, State Is there anything in the Senator’s manager of the bill, and he would like and local governments, and other Federal to accommodate the ability of the Sen- agencies. amendment which purports or is in- tended to modify or change in any way ator to have the secondary amendment (B) Administrative activities in support of offered before all time is yielded back. the Museum. that executive order? When the Senator is ready—I have spo- (2) LIMITATION.—Any activities carried out Mr. ENSIGN. Madam President, I say at the facilities leased or licensed under to my friend from Michigan, our ken to the chairman and he is willing paragraph (1) must be consistent with the amendment seeks to clarify and to re- to work on that. operations of the Museum. inforce the Executive Order No. 11850, Mr. DURBIN. For the information of (b) CONSIDERATION.—The amount of consid- including section 1, as well as the ex- my colleagues, the amendment we are eration paid in a year by the Foundation to going to offer to the Chambliss amend- the United States for the lease or license of amples in (a), (b), (c), and (d), used as examples where the riot control agents ment is designated as 2473. facilities under subsection (a) may not ex- Madam President, most Senators are ceed the actual cost, as determined by the are able to be used. Secretary, of the annual operation and main- It is very clear that our military is probably unaware of the real dif- tenance of the facilities. allowed to use riot control agents ferences between the military retire- (c) USE OF PROCEEDS.— based on this Executive order in these ment system for Reserve components (1) DEPOSIT OF PROCEEDS.—The Secretary particular examples as a defensive compared to Active components of our shall deposit any amounts received under military forces. A person who joins the subsection (b) for the lease or license of fa- mode to save civilian lives, for exam- ple. active-duty military and has 20 years cilities under subsection (a) into the account has the option to retire at that point for appropriations available for the oper- We are trying to clarify for our mili- ation and maintenance of the Museum. tary and ask the Defense Department and draw half their pay. A young per- (2) AVAILABILITY OF AMOUNTS.—The Sec- to lay out clear guidelines and clear son at age 18, with 20 years in service— retary may use any amounts deposited under training so the average person on the age 38, still relatively young, moves on paragraph (1) to cover the costs associated ground knows exactly when they can to a new career, new source of in- with the operation and maintenance of the and when they cannot use these riot come—still receives half of their mili- Museum and its exhibits. control agents. tary pay. (d) ADDITIONAL TERMS AND CONDITIONS.— Mr. LEVIN. I agree with that pur- For a member of the Guard and Re- The Secretary may require such additional serve, it is different. As you might ex- terms and conditions in connection with the pose. I want to be absolutely certain lease or lease of facilities under subsection that all parts of the Executive order, pect, retirement pay from a part-time (a) as the Secretary considers appropriate to including the specific requirement of career is lower than at the end of a protect the interests of the United States. section 1, continue and are not pur- full-time active-duty career. It makes PART III—AIR FORCE CONVEYANCES ported in any way to be changed by the sense. Mr. WARNER. Madam President, we Senator’s amendment. The major difference, however, lies in are making progress on this bill. I Mr. ENSIGN. The Senator is correct; the length of time the reservist retiree thank all Senators for their coopera- we are not trying to change any part of must wait to start to receive retire- tion. It is my hope that in the inter- the Executive order. All we are trying ment pay. Under the current system, a vening period between now and the to do is to clarify it so the average sol- person who completes 20 years in the hour of 2:45, subject to the unanimous dier, marine on the ground knows ex- Reserve component becomes eligible to consent of 15 minutes, that other Sen- actly when they can and when they receive retired pay but cannot begin to ators can come to the Chamber and ad- cannot use it. draw the pay until they reach the age dress the managers regarding the tim- We are calling on the Defense Depart- of 60. In the Reserves, a young person ing of the remaining amendments ment to clarify for them so this very age 18 can enlist, complete 20 years of under the unanimous consent providing valuable tool to save lives, both civil- dedicated service to our country, and 12 amendments on each side. ian and military, can be employed for a at the end of 20 years reach the age of I yield the floor. defensive purpose. 38 and retire. But that person has to The PRESIDING OFFICER. The Sen- Mr. LEVIN. I believe that is a very wait 22 years before receiving the first ator from Minnesota. useful purpose. I support that purpose. penny of retirement pay. Mr. DAYTON. Madam President, I I support the Senator’s amendment That is entirely too long. Many have ask unanimous consent that Senators with that assurance. I don’t know recognized the system needs to be BURNS, THOMAS, ENZI, DORGAN, and whether the Senator requested a roll- changed. The Military Officers Associa- HATCH be listed as original cosponsors call, but if so we will support that roll- tion, Reserve Officers Association, Na- of amendment No. 2448, which was call. tional Guard Association, Enlisted As- agreed to yesterday by unanimous con- Mr. ENSIGN. Have the yeas and nays sociation, the National Guard, all have sent. been ordered? called for Reserve retirement age to be

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.026 S09NOPT1 S12570 CONGRESSIONAL RECORD — SENATE November 9, 2005 reduced from age 60 to 55. There have We can do better for our men and dent of the National Guard Association been several Senate proposals to ac- women in uniform. of the United States, be printed in the complish it. The amendment I offer is a sub- RECORD. I offered this bill in the last Con- stitute approach. Under my amend- There being no objection, the mate- gress. Senators Corzine and Graham in- ment, members of the National Guard rial was ordered to be printed in the troduced bills in the current Congress. and Reserve are encouraged to stay in RECORD, as follows: I am a cosponsor of both bills. All are the force by offering them a 1-year re- NATIONAL GUARD ASSOCIATION OF worthy approaches to accomplish our duction in the retirement age for every THE UNITED STATES, INC., goal. year of service beyond 20 years. That is Washington, DC, November 8, 2005. Unfortunately, the plan that has an incentive to stay in the force. A re- Senator RICHARD DURBIN been offered in the form of the amend- servist can begin to draw retirement Dirksen Senate Office Building, Washington, ment by the Senator from Georgia, DC. pay as early as age 55, but in order to DEAR SENATOR DURBIN: I am writing on be- Senator CHAMBLISS, falls short of being do so, they would need to serve an ad- half of the members of the National Guard a good age 55 Reserve retirement pro- ditional 5 years. Association of the United States (NGAUS) in posal. In fact, I have some concerns By providing a way for reservists to support of your amendment to reduce the and I offer an alternative approach. draw retirement pay at age 55 rather age at which reserve component members re- The Chambliss amendment offered a than being forced to wait until age 60, ceive their retirement pension. modest reduction in the retirement age An active component member retiring at this amendment brings the retirement 20 years of service may receive a pension im- and then only offers it to about half age for reservists down to the Federal mediately upon retirement. A reserve com- the members of the Guard and Reserve. civil service retirement age, as was in- ponent member serving the same amount of Under the Chambliss amendment, half tended when the reservist retirement years cannot. Reducing the age from 60 to 55 of all reservists still draw no retire- age was set 50 years ago. Our reservists will be a big step in mitigating this dis- ment pay until the age of 60. It rewards make tremendous sacrifices. They risk parity. A more equitable retirement program only those who are called up. There is their lives in combat zones. And, in far will aid greatly in recruiting and retaining little or no incentive to stay. This too many instances, they give their members in the National Guard. When the age limit for receipt of retired pay by Na- amendment lowers the retirement age lives for our country. At the very least, tional Guard members was set decades ago, for those called up for an extended pe- they should have the same retirement the National Guard was not relied upon the riod in support of major military oper- age as Federal civil servants. way it is today. ations and then only reduces the re- By replacing the current, inflexible The objective of NGAUS is to support the tirement age by 3 months for every 3 approach with a sliding scale that pro- reduction of the age for retirement eligi- months the member spends on duty. vides earlier receipt of retirement pay bility from its current level. At this point, more than 450,000 re- I look forward to working together in sup- in exchange for more years of service, port of a strong and viable National Guard. servists have been mobilized since Sep- we can create a powerful system of in- Again, on behalf of the members of NGAUS, tember 11, 2001. Over 330,000 have been centives to retain our personnel and thank you for all your hard work on our be- deployed overseas. But we must re- maintain a strong Reserve. half. member, there are roughly 860,000 This is the approach my amendment Sincerely, members in the select Reserve. That is, takes. STEPHEN M. KOPER, members of the National Guard and Many of my Republican and Demo- Brigadier General, USAF, (Ret.), President. Reserve who dedicate a minimum in cratic colleagues who, like me, are co- The PRESIDING OFFICER. The Sen- service in the Reserve of 1 weekend sponsors of S. 337, the Guard and Re- ator from Michigan. each month plus 2 weeks each year to serve Retention Act, introduced earlier Mr. LEVIN. Madam President, if maintain military readiness. So while this year by my friend and distin- there is no one prepared at this time to roughly half of our reservists have been guished colleague, the Senator from speak on the Durbin amendment, I ask called up for duty, about half of them South Carolina, will no doubt recognize unanimous consent that the Senator have not. They have continued to per- this concept. The mechanisms are very from Wisconsin be permitted to speak form every weekend, gone to their an- similar. as in morning business for 5 minutes. nual training periods. I invite my colleagues from both The PRESIDING OFFICER. Without For this segment of our dedicated sides of the aisle to join me in making objection, it is so ordered. force, I am afraid the Chambliss a meaningful reform of the Reserve re- The Senator from Wisconsin. amendment does nothing at all. A re- tirement age—one that encourages (The remarks of Mr. KOHL pertaining tirement system should create an in- long and continued services, not simply to the introduction of S. 1979 are print- centive to serve. The Chambliss rewarding after mobilization; one ed in today’s RECORD under ‘‘State- amendment rewards mobilization but which will incentivize all of the force ments on Introduced Bills and Joint does nothing to create the incentive for to stay in service longer, not just the Resolutions.’’) Mr. KOHL. Madam President, I yield further service. It simply provides a fu- half—roughly, 50 percent—who are the floor. ture benefit to those who get called up. tapped for a callup. Mr. LEVIN. Madam President, I sug- We want to honor the members of the The amendment is endorsed by some gest the absence of a quorum. Guard and Reserve who are selected in significant groups: the National Guard The PRESIDING OFFICER. The order to go overseas. Yes, we want to Association of the United States, the clerk will call the roll. reward service that takes members of Military Officers Association of the The assistant legislative clerk pro- the Guard and Reserve away from their United States, the Reserve Officers As- ceeded to call the roll. families and careers for a year and puts sociation, the Enlisted Association of Mr. LEVIN. Madam President, I ask them in harm’s way. But we must ask the National Guard of the United unanimous consent that the order for ourselves if such a modest adjustment States. the quorum call be rescinded. in the retirement pay eligibility age is I ask my colleagues, as you consider The PRESIDING OFFICER. Without the best way to do it. the Chambliss amendment and my objection, it is so ordered. With recruiting targets being missed modification to that amendment, keep Mr. LEVIN. Madam President, I ask by our Reserve components and reten- in mind the organizations that rep- unanimous consent that Senator DOR- tion holding steady, but under severe resent the men and women in uniform GAN be allowed to proceed as in morn- pressures, what we need to do is to re- in the Reserve, who are literally serv- ing business for 5 minutes, and that vise the retirement system so that it is ing our country and risking their lives, then Senator DORGAN be recognized to both fairer to members of the Guard believe the approach I am suggesting is offer an amendment relative to—I and Reserve and a more powerful in- preferable. I hope my colleagues will think he is calling it a Truman-like centive to continued service. We should feel the same. commission. I have talked to Senator make changes to the system which re- Madam President, I ask unanimous ENSIGN, and that is agreeable with the ward long and continued service, not consent that the letter from Stephen majority. just volunteering—or being involun- Koper, retired brigadier general from The PRESIDING OFFICER. Without tarily selected—for a mobilization. the U.S. Air Force, who serves as presi- objection, it is so ordered.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.028 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12571 The Senator from North Dakota. you mention the company Halliburton I can unequivocally state that the abuse (The remarks of Mr. DORGAN are on the floor of the Senate, they say: related to contracts awarded to KBR [Halli- printed in today’s RECORD under Aha, this is a criticism of Vice Presi- burton] represents the most blatant and im- ‘‘Morning Business.’’) proper contract abuse I have witnessed dur- dent CHENEY because he used to be ing the course of my professional career. AMENDMENT NO. 2476 president of Halliburton. It is not That is pretty strong. (Purpose: To establish a special committee about Vice President CHENEY. Vice Now let me go through a couple of of the Senate to investigate the awarding President CHENEY is not now president headlines. Boston Globe, June of this and carrying out of contracts to conduct of Halliburton. He left that job when he year: Internal Pentagon audits have activities in and Iraq and to became Vice President. This is not fight the war on terrorism) flagged about $1.4 billion in expenses about him. submitted by Halliburton for services (Mr. THUNE assumed the chair.) All of these actions have occurred the firm is providing in Iraq. Charges Mr. DORGAN. Mr. President, I have after Vice President CHENEY left the include $45 for a case of soda, $100 per an amendment to offer, an amendment Halliburton Corporation. But this is bag for laundry service, and several I have shared with both sides. It is, in about Halliburton and some other com- months preparing at least 10,000 daily fact, an amendment that we have pre- panies—Halliburton being the largest— meals that the troops didn’t need and viously debated. It deals with the sub- that have gotten big, fat, multibillion- ultimately went to—by the way, in this ject of contracting abuses, especially dollar contracts, no-bid, sole-source meal issue, there is another complaint. contracting abuses in the reconstruc- contracts, and, with all of the evidence The other complaint is they were tion in Iraq—the money that is paid by in front of us, have been charging charging for 42,000 meals a day and pre- American taxpayers, through our Gov- American taxpayers for services they paring 14,000 meals a day. That meant ernment, to major contractors that are have not delivered or overcharging the they were charging the taxpayers for given no-bid contracts, spending bil- taxpayers for other services. 28,000 meals they were not serving the lions of dollars, and the stories about We need to aggressively root out that troops. contracting abuse are horrifying. Yet waste, fraud, and abuse. Let me give ‘‘Ex-Halliburton Workers Allege nothing seems to happen. some examples. The committee that I Rampant Waste: They say the firm I have described previously some- chair, the Policy Committee, had a makes no efforts to control costs, over- thing that happened in the 1940s. Harry hearing. We heard from a man named spending taxpayers’ money in Iraq and Truman was in the Senate. Harry Tru- Rory Mayberry. Rory Mayberry is the Kuwait.’’ One former employee: ‘‘They man was a Democrat. A member of his former food production manager for didn’t want to control costs at all. party was in the White House, Frank- KBR, which is a Halliburton sub- Their motto was don’t worry about lin Delano Roosevelt. He couldn’t have sidiary. Halliburton has gotten billions cost. It’s a cost plus contract.’’ been very happy about Harry Truman of dollars to deliver all sorts of things The supervisor described an arrange- because Truman came to the floor of to our troops in Iraq, including feeding ment in which Halliburton provided 10 Senate and said: I have substantial evi- the troops. percent of additional payment on its dence of wrongdoing, of contracting, of Here is what Mr. Mayberry, who was phone calls to a Kuwaiti company for military waste with respect to defense the food service supervisor, told us: providing cellular phones although contracts and defense spending. I think Food items were being brought in to our nothing in the contract between Halli- it needs to be investigated. military base that were outdated or expired burton and the company called for the They began holding a series of hear- by as much as a year and we were told by the payments. ings. He finally was able to get a com- food service managers, feed them anyway, They just added 10 percent. mittee together called the Truman use them anyway. So the food was fed to the Well, I won’t go through it at great Committee. They began a series of troops, expired food with expired date length, but $7,500 a month to rent ordi- stamps. For trucks that were hit by convoy hearings. It lasted a number of years. nary cars and trucks; $85,000 new fire and bombings we were told to go into the trucks left on the side of the road be- At a time when a member of his own trucks, remove the food items and use them political party was President, it was after removing the bullets and any shrapnel cause they had a flat tire, to be trashed probably embarrassing for everybody from the bad food that was hit. And we were and torched. Yes, the taxpayer paid for that Harry Truman was leading the told then to remove the bullets and turn them. How about a fuel pump that was charge while FDR was in the White them over to the managers of the food serv- plugged. Leave the truck on the side of House. But they uncovered a substan- ice operation as souvenirs. the road. It gets torched. It is all over. tial amount of abuse and waste and We had hearings at which Bunnatine The taxpayer pays for it. It is all cost fraud. Good for them. The memory of Greenhouse testified. Bunny Green- plus. the Truman Committee lives on today house was the top civilian official at ‘‘Millions in U.S. Property Lost in as an example of what should be done the Corps of Engineers. She rose to the Iraq, Report Says; Halliburton Claims with respect to oversight by the Con- very top, the highest civilian official in Figures Only ‘projections’.’’ gress. the Corps of Engineers. That is the ‘‘Halliburton Unable to Prove $1.8 We spend a dramatic amount of tax- area of the Pentagon where they actu- Billion in Work, Pentagon Says.’’ ‘‘Halliburton Faces Criminal Inves- payer money. The question is, Is it ally do the contracts for these firms. In tigation,’’ Houston Chronicle. ‘‘Pen- spent wisely? If it is not, when it is that position, she was responsible for tagon Proving Alleged Overcharges for wasted or stolen or subject to cheating reviewing all contracts worth more Iraq Fuel.’’ than $10 million. After she objected to of the taxpayers, shouldn’t somebody ‘‘Uncle Sam Looks Into Meal Bills; special treatment given Halliburton on know it? Shouldn’t somebody see it Halliburton Refunds $27 million as a and do something about it? That is the a number of occasions, including an oc- Result.’’ issue. casion where the company was brought You would think with all of this you I have held a number of hearings as into the meeting at which the contract would have committees in the Congress chairman of the Policy Committee on was being discussed, the specs devel- saying: Wait a second, we are going to this subject, only because no one else is oped, and who it was going to be pull back the curtain. We are going to holding any substantial hearings on it. awarded to, after objecting to all that, have tough investigations to evaluate We will have a couple people come to she was forced to either resign or face what is happening, what is happening the floor and say: We have held a good demotion. to the American taxpayer, what is hap- number of hearings. That is not true. This is a woman who was the highest pening with contracts that are given Very few if any hearings have been civilian official in the Corps of Engi- without any competition, soul-source, held on this issue. neers, given stellar performance re- no-bid contracts. I wish to go through a few examples views always, an outstanding em- Mr. ENSIGN. Mr. President, will the of the hearings that we have held, ployee. But then she started raising Senator yield for a comment? along with some of the headlines. I questions with the good old boy net- Mr. DORGAN. Of course. wish to say this before I get into this work about giving billions of dollars of Mr. ENSIGN. I want to inform the too far: Some of this deals with a com- sole-source contracts under the buddy Senator from North Dakota that, hope- pany called Halliburton. The minute system. She said: fully, when we come back for a couple

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.038 S09NOPT1 S12572 CONGRESSIONAL RECORD — SENATE November 9, 2005 days in December, as the chairman of I am not going into this at great at one Iraqi ministry, 8,206 guards at the Readiness Subcommittee, I plan on length, but I can give the example of one of the ministries. And that is what holding hearings on exactly this. I plan companies that in the same week that we were paying for through this $9 bil- on pulling that curtain back. I plan on they were paying multimillion dollar lion. It turns out, in paying 8,206 secu- getting into the investigation in the penalties for cheating and defrauding rity people, there were only 602 of same way as Harry Truman. If it hap- the Government, in that same week them. But 8,206 were paid. Where did pens to be it is embarrassing to the ad- they were signing new contracts for the money go? If we could have dyed ministration, we are going to find out new business with this Government. all that money purple and walked the truth on this—just like Harry Tru- Are we that lamebrained that we can’t around to see who had purple pants man went after those cost-plus con- understand when somebody cheats you pockets, we could have figured it out. tracts in those days. It is not only the once you don’t need a second chance? This is a massive cheating and abuse soul-source aspect, it is also the fact In my hometown, again, a town of 300 scandal. they are cost-plus contracts. people, you wouldn’t need to learn that This is like a Rip Van Winkle oper- We are going to do a thorough inves- lesson twice. You do business with ation. We sort of doze through it all, tigation through the subcommittee, somebody who cheats you, you don’t do don’t offend anybody, upset anybody. and I am committing to the Senator business with them again. Not in this I am delighted to hear my colleague that the things he is talking about town. It is a slap on the wrist, a pat on is going to hold some hearings in De- right now will be fully investigated by the back. Atta boy. That is not the way cember, but I am telling you this is a our committee, and we are going to up- it ought to work. cesspool of trouble, digging into this. hold our oversight responsibility of I could spend a lot of time on this. I The guy who used to buy towels for this administration. will not do it now, but I could spend a our troops, from K.B.R. Halliburton, Mr. DORGAN. Mr. President, that lot of time talking about the abuses— bought hand towels—you know, the lit- gives me some hope, and I hope as a re- the taxpayer pays to air-condition a tle hand towels. He told us how he or- sult of that the Senator would support building under reconstruction in Iraq. dered the hand towels. Need some thou- my amendment as well. The fact is, we Well, that contract that goes to a sub- sands and thousands and thousands of have not had many oversight hearings. contract, that goes to a local sub- hand towels for the troops? Well, you We have now been in this conflict for contract and pretty soon it is all done. just order them, don’t you? Oh, no, no. several years, and a substantial We pay it. It is like an ice cube; it His supervisor said you don’t just order amount of money has been spent. A hand towels, you order hand towels em- very substantial amount of it has been melts in your hand like money does as broidered with the company’s logo on wasted, regrettably. it goes through to—guess what—pay But I think anything that any com- for air-conditioning, and it is a ceiling it so it can double the price. You think mittee or subcommittee does to shine a fan in a room in Iraq some place. when the troops are washing their spotlight on this makes some sense. I Cheating? You bet it is. hands and face they are going to want must say, however, as my colleague I want to show you a picture of two just a plain towel? No, they are going knows, there is substantial brushback million dollars. Incidentally, this guy to want one with our company logo on from the administration. They do not wearing the striped shirt, he worked in it, so order the more expensive one. want anything to do with this. And I this area. These are hundred-dollar The sky is the limit. It is all cost understand why. But the fact is, what bills wrapped in Saran Wrap. What plus. Don’t worry. Be happy. We are all happened here was wrong. A top con- would they be doing with a pile of bills making money—except the taxpayer is tracting official gets demoted because wrapped in Saran Wrap? He testified: I taking a bath. she blows the whistle on bad practices, was over there with the Coalition Pro- I have raised this issue now for about and the taxpayer takes a bath to the visional Authority, which is really us, 2 years on the floor of the Senate, to tune, I think, of billions of dollars. as you know. dead silence. So whatever subcommittee or com- He says: We were telling people that There was a silence back in the for- mittee wants to dig into this, I think when you come to pick up the cash for ties when Harry Truman raised it. that would be great, and I certainly your contracts and so on, understand it They empowered a committee to take will commend my colleague if he con- is going to be in cash, so bring a bag. a look and they discovered billions of venes these hearings. But I would say We deal in cash. He said we actually dollars of waste, fraud, and abuse. The this: I think there are substantial pres- threw these around as footballs from taxpayer was taking a bath and the sures on many of our committees and time to time in the office, hundred-dol- Congress did something about it. The subcommittees by the administration lar bills wrapped in Saran Wrap. question is, Will it now? not to move too far. We had an exam- I don’t know how that would feel. We haven’t received one answer from ple of that on the issue of intelligence But you can look at what it looked the Pentagon about all these issues. We recently, and I won’t explore that like, how they appeared. He said: Bring haven’t received one single answer. more, but there has been a lot of foot a bag. We deal in cash. He said: It was This has all been transmitted to the dragging in a lot of areas. like the Old West Pentagon, all of the testimony from The point of this on behalf of myself, I have spoken at some length about five or six hearings. It is just unbeliev- Senator DURBIN, Senator LAUTENBERG, this with a company called Custer Bat- able. Senator BOXER, and others, the point of tle. A couple guys show up in Iraq, and By the way, do you want 50,000 it is to establish what we know works, they decide: We are going to be con- pounds of nails? I know where 25 tons and what we know works is the Tru- tractors. Pretty soon they are contrac- of nails are. They are laying in the man committee. Yes, it is an old tors. Pretty soon they have millions of sand in Iraq, 25 tons of nails, 50,000 model, but it is a model that really did dollars, millions of dollars in con- pounds ordered for reconstruction of work—nonpartisan, bipartisan. Take a tracting, and then they start setting up Iraq. But they are the wrong size, and hard look at what is going on. Don’t offshore subsidiaries and selling to it does not matter, I guess, so they care where the chips fall, investigate it them, cheating the Federal Govern- throw them on the ground and they re- all. If somebody is cheating the Amer- ment. A couple of their employees de- order. It is just the taxpayers’ money. ican taxpayer, hold them accountable cide that is not right and they are It is all cost plus. Order 50,000 pounds for it. I mean how do you miss 28,000 going to disclose it. Then their lives of nails the wrong size. Don’t sweat it. meals, overbilling somebody by 28,000 are threatened. We are all going to get paid. meals a day? I come from a town of 300 There is so much going on that it is What a mess. So the point is, Con- people, so we had a small restaurant. just almost unbelievable to me. gress has the responsibility. Congress You can understand somebody missing The inspector general for the Coali- has a responsibility to legislate, and a cheeseburger or two but 28,000 meals tion Provisional Authority issued a re- Congress has a responsibility for some- a day? That is cheating. And it ought port about the use of funds that actu- thing called oversight—oversight with not take twice to learn the lesson. Do ally belong to the Iraqis. It came from respect to the funds that the Congress business with companies that cheat. the oil revenues which was under our appropriates. These funds, after all, Cut them off. Shut it down. control then. There were 8,206 guards come in from the American taxpayers

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.039 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12573 and then are used to be expended on The PRESIDING OFFICER. The incentives in question and could various operations, various projects, in clerk will report. change them in ways that are detri- this case reconstruction in Iraq or con- The legislative clerk read as follows: mental to the military services. tractors that are contracting to pro- The Senator from North Dakota [Mr. DOR- I have crafted my amendment, the vide assistance to the troops in Iraq. GAN], for himself, Mr. DURBIN, Ms. BOXER, underlying amendment, with these fac- Some of that assistance to the troops and Mr. LAUTENBERG, proposes an amend- tors in mind. However, in my assess- manifests itself in food that is expired, ment numbered 2476. ment, the Durbin amendment has not manifests itself in charging for food Mr. DORGAN. Mr. President, I ask received the same scrutiny along these that wasn’t delivered. unanimous consent that the reading of lines and will, indeed, shape the per- Now, Mr. President, I was tempted to the amendment be dispensed with. sonnel system in unintended ways that go through the whole list of those who The PRESIDING OFFICER. Without are detrimental to the military which have testified. I shall not do that in objection, it is so ordered. we simply cannot afford from a cost deference to my colleague who is on (The amendment is printed in today’s perspective. the floor ready to speak. But I think RECORD under ‘‘Text of Amendments.’’) The effect of this amendment will be the point is made. The Congress can Mr. DORGAN. Mr. President, I in- to create an imbalance in the personnel continue to decide, No, we don’t want quire, how much of the 30 minutes al- system which will likely result in an to do anything about this, and vote lowed to the proponent of the amend- increase in end strength and result in against this amendment. They have ment has been used? people in the higher ranks of the en- done it previously. But it is pretty The PRESIDING OFFICER. Twenty- listed and officer corps clogging the hard, it seems to me, to look in the two minutes. system and not allowing the people be- mirror and think you have done a good Mr. DORGAN. Mr. President, I re- neath them the opportunity for pro- job for the people in this country, the serve the remainder of my time. Sen- motion. This amendment also rewards taxpayers who pay the taxes, if you ator DURBIN, I know, wishes to speak and retains people who, generally don’t believe this deserves your special on this amendment. I reserve the re- speaking, are already being retained at attention and you don’t believe that mainder of the time on this amend- the required rate. In my assessment, Congress has failed in its responsibility ment. this amendment solves a problem that of oversight. If you don’t believe that, I suggest the absence of a quorum. does not exist. then you should vote against my The PRESIDING OFFICER. The The Durbin amendment simply re- amendment. But if you understand the clerk will call the roll. wards longevity of service. It does not responsibility for oversight and under- The legislative clerk proceeded to reward those members of the Reserve stand there has been virtually nothing call the roll. components who disrupt their lives in done except for the hearings I chair in Mr. CHAMBLISS. Mr. President, I support of a contingency operation, the Policy Committee and with those ask unanimous consent that the order and does not provide an incentive or re- hearings have uncovered dramatic ex- for the quorum call be rescinded. ward for soldiers deployed in harm’s amples of massive waste, fraud, and The PRESIDING OFFICER. Without way in defense of their country. abuse, if you believe that is a real seri- objection, it is so ordered. Both amendments target soldiers ous problem, then you ought to support AMENDMENT NO. 2433 who have sacrificed, but my amend- this amendment. Mr. CHAMBLISS. Mr. President, I I hope every Senator will ask ques- ment targets the ones who have put rise in support of the Chambliss tions of the Pentagon about Bunnatine their lives in harm’s way, and we amendment and in opposition to the Greenhouse, the highest ranking civil- should be giving them a real incentive amendment filed by my friend from Il- ian in the Pentagon with outstanding to stay in the military. linois, Senator DURBIN. I am pleased performance reviews, outstanding re- From a cost perspective, the Durbin that the Durbin amendment has been views all along the way until she began amendment has a 1-year reward for as filed because it is good to see others to say: You can’t do this. You are vio- few as 22 days of Reserve duty. That is lating the regulations of the Pentagon share my idea that the retirement sys- a 17-day reduction in the age a reserv- in the way you are proceeding with re- tem for our Guard and Reserve soldiers ist could collect retirement for every 1 spect to no-bid contracts, no-bid, sole- needs to be updated to meet the new day of service, whereas my amendment source, cost-plus contracts, the minute role these soldiers are playing as part is far more equitable. It is a one-for- she started telling those at the top of of our Nation’s military. one reduction. the Corps of Engineers who wanted to By way of introduction, let me say I The Durbin amendment scores at $4.8 award these kinds of contracts to say: think it is a very good thing we are de- billion over 5 years. My amendment Look, you are violating the very rules bating this issue at this time in the scores at $320 million over 5 years. I that exist. The minute she started Senate today because not only is this agree that cost should not be the sole doing that, her career took a dramatic an important issue we need to talk determining factor, but we are in a real turn for the worse. At that point, she about as policymakers in the Congress, budget world today where we are strug- was told you are either going to be but today we have a majority of the gling to find dollars to buy weapons fired or demoted. men and women serving in the theater systems and to provide for these qual- If the Congress does not care about in Iraq who are members of the Guard ity-of-life issues for our men and that, then it does not care about any- and Reserve. It is critically important women. I had an amendment last year thing. If those who have the courage to that as we utilize these soldiers, we that was too expensive. We have come speak up and tell the truth, as they see provide them with benefits that com- back this year with a much more real- it, are told the consequences for that pare to the active-duty soldiers. istic amendment that is affordable and, will be their career, then this Congress I would like to compare the military in my opinion, is more rewarding to doesn’t care much about those who personnel system to a finely tuned ma- those who deserve it at this point in have the courage to stand up and speak chine because that is what it is. The the life of our military. The scoring of out when it is necessary. There has Department of Defense and the indi- Senator DURBIN’s amendment is rough- been a deafening silence, with the ex- vidual military services have staffs ly 8 times, almost 10 times as expensive ception of a few Members of Congress, that devote significant time and en- as my amendment. on that point as well. ergy to determining how to recruit, re- In summary, while length of service This woman fights on alone. Why? tain, promote, separate, and retire peo- is one area which I do believe we Because not enough people here seem ple in their respective services. The De- should incentivize for our Guard and to care, not even to care to ask the partment recommends incentives, Reserve soldiers, it is not the only be- basic question of those who run the which we in Congress consider and au- havior or even the primary behavior we Pentagon. Mr. President, I send the thorize, which shape this process of re- need to reward. Rather, it is our re- amendment to the desk on behalf of cruiting and retention according to the servists who have truly sacrificed, who myself, Senator DURBIN, Senator LAU- needs of the services. It is a fact that have left their homes, their jobs, and TENBERG, and Senator BOXER, and ask any change in the military personnel their families and put themselves in for its immediate consideration. system will change the process and the harm’s way who need to be rewarded

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.040 S09NOPT1 S12574 CONGRESSIONAL RECORD — SENATE November 9, 2005 and incentivized to stay in the Reserve. 59 ...... 21 These shortages led in some cases to a de- That is exactly what my amendment 60 ...... 20.’’. cline in the operational capability of equip- does and does it in a fair and cost-effec- (b) 20-YEAR LETTER.—Subsection (d) of ment and increased risk for troops. tive way. We incentivize voluntarism, such section is amended by striking ‘‘the The items included generators for as- not just incentivize longevity of serv- years of service required for eligibility for sault vehicles, armored vehicle parts, retired pay under this chapter’’ in the first ice. lithium batteries, meals ready to eat, sentence and inserting ‘‘20 years of service truck tires, body armor, armored vehi- I urge my colleagues to reject the computed under section 12732 of this title.’’. Durbin amendment and to support the (c) EFFECTIVE DATE.—This section and the cles, and add-on armor kits. The GAO underlying amendment. amendments made by this subsection (a) Comptroller, David Walker, testified in I yield the floor and suggest the ab- shall take effect on the first day of the first a Senate subcommittee hearing that sence of a quorum. month beginning on or after the date of the the Department of Defense doesn’t The PRESIDING OFFICER. The enactment of this Act and shall apply with have a system to be able to determine clerk will call the roll. respect to retired pay payable for that with any degree of reliability and spec- The legislative clerk proceeded to month and subsequent months. ificity how we spend tens of millions of call the roll. Mr. LEVIN. I thank the Presiding Of- dollars. Mr. LEVIN. Mr. President, I ask ficer. I suggest the absence of a Mr. Walker then went on to say: unanimous consent that the order for quorum. Trying to figure out what appropriated the quorum call be dispensed with. The PRESIDING OFFICER. The funds were being spent on is like pulling The PRESIDING OFFICER (Mr. clerk will call the roll. teeth. SUNUNU). Without objection, it is so or- The bill clerk proceeded to call the Shortchanging the taxpayers is not dered. roll. acceptable. Shortchanging our troops, Mr. WARNER. Mr. President, I ask AMENDMENT NO. 2473, AS MODIFIED especially when they are risking their unanimous consent that the order for Mr. LEVIN. Mr. President, this has lives for America, is absolutely inex- the quorum call be dispensed with. been cleared with the majority. cusable. We have been talking about The PRESIDING OFFICER. Without I call up the Durbin amendment No. personal and vehicle armor shortages objection, it is so ordered. 2473. for months. Mr. WARNER. Mr. President, in con- The PRESIDING OFFICER. The I will never forget my first visit to sultation with the distinguished Sen- clerk will report. Walter Reed to see the first injured ator from Michigan and leadership, I The bill clerk read as follows: veteran from Iraq, a member of the propound this unanimous consent re- Ohio National Guard, who had lost his The Senator from Michigan [Mr. LEVIN], quest, which I understand has been for Mr. DURBIN, for himself, Mr. CORZINE, and left leg below the knee. I asked him Ms. LANDRIEU, proposes an amendment num- cleared on both sides. I ask unanimous what happened. He said: It is those bered 2473, as modified. consent that the 2:45 votes be delayed humvees. They don’t have any armor Mr. LEVIN. Mr. President, I ask to begin at 3:20, and further that at 5:30 plating on them. unanimous consent that reading of the the Senate proceed to a vote in rela- This soldier told me he couldn’t wait amendment be dispensed with. tion to the Chambliss amendment No. to get his new leg so he could get back The PRESIDING OFFICER. Without 2433, to be followed by a vote in rela- in combat. That is the kind of fighting objection, it is so ordered. tion to the Durbin amendment No. spirit which we love to see in the men The amendment is as follows: 2473, with the instructions modified to and women who are serving this coun- change it to a first degree, with no sec- At the end of subtitle C of title V, add the try. Shouldn’t we have the same fight- following: ond degrees in order to either amend- ing spirit when it comes to providing ment prior to the vote; further, that SEC. ll. ELIGIBILITY FOR RETIRED PAY FOR them with the equipment they need so NON-REGULAR SERVICE. there be 2 minutes equally divided be- they can come home safely with their (a) AGE AND SERVICE REQUIREMENTS.—Sub- tween each of the stacked votes. mission accomplished, truly accom- section (a) of section 12731 of title 10, United The PRESIDING OFFICER. Without plished? If we waste money with profit- States Code, is amended to read as follows: objection, it is so ordered. eers and those who try to gouge the ‘‘(a)(1) Except as provided in subsection (c), Mr. WARNER. Mr. President, I sug- Federal Government at the expense of a person is entitled, upon application, to re- gest the absence of a quorum. our troops, we are not doing our sol- tired pay computed under section 12739 of The PRESIDING OFFICER. The this title, if the person— diers any favor. ‘‘(A) satisfies one of the combinations of clerk will call the roll. These shortages, especially of armor, requirements for minimum age and min- The bill clerk proceeded to call the have sent young men to Walter Reed imum number of years of service (computed roll. for a long time, with missing arms and under section 12732 of this title) that are Mr. DURBIN. Mr. President, I ask legs, and other serious injuries. I have specified in the table in paragraph (2); unanimous consent that the order for met them. I don’t know how we can ‘‘(B) performed the last six years of quali- the quorum call be rescinded. face them and honestly say we have fying service while a member of any cat- The PRESIDING OFFICER. Without not tried to do everything within our egory named in section 12732(a)(1) of this objection, it is so ordered. title, but not while a member of a regular power to make certain their fellow sol- component, the Fleet Reserve, or the Fleet AMENDMENT NO. 2476 diers are protected. Our current system Marine Corps Reserve, except that in the Mr. DURBIN. Mr. President, I joined does not work. case of a person who completed 20 years of with Senator DORGAN of North Dakota In 1941, Senator Harry Truman, a service computed under section 12732 of this in offering amendment numbered 2476. Democrat from Missouri, introduced a title before October 5, 1994, the number of It is an amendment on which we both resolution creating a special com- years of qualifying service under this sub- worked. Over the years we have shared mittee to investigate the national de- paragraph shall be eight; and billing on it because we both believe it fense program. Who was the President ‘‘(C) is not entitled, under any other provi- sion of law, to retired pay from an armed is essential. It is an amendment which at the time? Franklin Roosevelt, a force or retainer pay as a member of the calls for the creation of a Truman-like Democrat from New York. We had a Fleet Reserve or the Fleet Marine Corps Re- commission to make certain we are Democratic Senator calling for an in- serve. spending our defense dollars effec- vestigation of the War Department of a ‘‘(2) The combinations of minimum age and tively, we are not wasting money, and Democratic President. Those were the minimum years of service required of a per- that the money spent is for the secu- days—and you have to search the his- son under subparagraph (A) of paragraph (1) rity of America and the protection of tory days to remember them—when for entitlement to retired pay as provided in our troops. there was real oversight in Congress, such paragraph are as follows: In a report on defense logistics issued regardless of the party affiliation. ‘‘Age, in years, The minimum years of service in March of this year, the Government We find exactly the opposite today. is at least: required for that age is: 55 ...... 25 Accountability Office found that U.S. The Republican majority in Congress 56 ...... 24 troops experienced shortages in seven refuses to accept the responsibility of 57 ...... 23 of the nine items that the GAO re- oversight because they might embar- 58 ...... 22 viewed. The report reads: rass the Republican administration in

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.041 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12575 the White House. This is not about pro- funds was burdened by severe inefficiencies including the knowing disclosure of the iden- tecting the President from embarrass- and poor management. tity of a covert agent of the Central Intel- ment. This is about protecting our The list goes on and on. ligence Agency to a person not authorized to We owe our troops and our taxpayers receive such information, shall be permitted troops. to hold a security clearance for access to This Truman Commission cost very better oversight of their money. This classified information.’’. little money in those days, but it saved bipartisan special committee called for (2) APPLICABILITY.—Subsection (f) of sec- us billions of dollars. It is a valuable in the Dorgan-Durbin amendment will tion 4 of the Internal Security Act of 1950, as lesson for today. Then, as now, sky- accomplish that. added by paragraph (1), shall apply to any in- rocketing contract costs, rapid alloca- So many Members come to the Sen- dividual holding a security clearance on or tion of funds meant we were wasting ate today and say not one penny is after the date of the enactment of this Act money. Harry Truman stated when he going to be spent for Hurricane Katrina with respect to any knowing violation of law came to this Senate, the same Cham- or to safeguard America against avian or regulation described in such subsection, regardless of whether such violation occurs ber, almost 64 years ago: influenza unless we offset it. We are before, on, or after that date. I’m calling the attention of the Senate to watchdogs when it comes to new pro- (b) CLARIFICATION OF AUTHORITY TO ISSUE these things because I believe most sincerely grams. Why not be watchdogs for exist- SECURITY REGULATIONS AND ORDERS.— they need looking into. I consider public ing programs? If Congress is not exer- Mr. LAUTENBERG. Mr. President, funds to be sacred funds and I think they cising its power of oversight, for good- the amendment I offer today is some- ought to have every safeguard possible to ness sake, let us create a Truman-like prevent their misuse or being mishandled. thing I believe is urgently needed be- commission that will. Let’s ask the cause of security concerns raised con- Senator Truman went on to say: hard question and get the right an- stantly these days, particularly as a re- I think the Senate ought to create a spe- swers. Let’s protect our troops and pro- cial committee with authority to examine sult of a recent indictment we are all every contract. tect the taxpayers. aware of. The amendment is relatively I reserve the remainder of my time The National Archives describes the simple, straightforward. It clarifies and urge my colleagues on both sides of part of the intelligence law to be clear Truman Committee: the aisle to support the Dorgan-Durbin that those who compromise classified The committee earned a high reputation for thoroughness and efficiency. After the amendment numbered 2476. information cannot hold a clearance. end of the war the committee turned its I yield the floor and suggest the ab- The indictment describes conduct by a analysis to wartime experiences in order to sence of a quorum. White House official that must not be make recommendations that improved post- The PRESIDING OFFICER. The tolerated. Certainly, an irresponsible war and future national defense programs. clerk will call the roll. and reckless official should not be al- It was a real national service. We The bill clerk proceeded to call the lowed to continue to hold a clearance continue to offer this amendment on roll. to see top-secret information. the Democratic side of the aisle and we Mr. LAUTENBERG. Mr. President, I The person at issue is identified in cannot find a single Senator, or very ask unanimous consent that the order the recent indictment I spoke of earlier few, I should say, on the Republican for the quorum call be rescinded. as ‘‘Official A.’’ According to the Wash- side even interested in talking about The PRESIDING OFFICER. Without ington Post, White House staff have it. Why? Why wouldn’t they be inter- objection, it is so ordered. confirmed that Official A is Mr. Karl ested in making certain the taxpayers’ Mr. LAUTENBERG. Mr. President, I Rove. He is the deputy chief of staff to dollars are well spent in the Depart- ask unanimous consent that the pend- the President. The indictment says ment of Defense? Why wouldn’t they ing amendments be set aside. this official gave classified information want accountability when it comes to The PRESIDING OFFICER. Without to a journalist. Any official who does the equipment to protect our troops? objection, it is so ordered. The pending such a thing should certainly not con- I joined with Senator DORGAN with amendments are set aside. tinue to hold a clearance. this amendment to create a new Tru- AMENDMENT NO. 2478 It is quite clear what President man committee to oversee contracting Mr. LAUTENBERG. Mr. President, I Bush’s intent was when he said he awards in Iraq, Afghanistan, and the send an amendment to the desk and wanted to clear the air about any leak- war on terrorism. We need this com- ask for its immediate consideration. age of classified information. I think mittee. As Goldman Sachs Inter- The PRESIDING OFFICER. The we should follow his pledge or remind national Vice President Robert clerk will report. him of his pledge to remove anyone in- Hormats stated: The bill clerk read as follows: volved with leaking information. We know the information given to the There is nothing more corrosive of support The Senator from New Jersey [Mr. LAU- journalist Robert Novak was, indeed, for a war anywhere in the world, the war TENBERG] proposes an amendment numbered against terrorism or dealing with the prob- 2478. published, and a CIA operative was ex- lems in Iraq, than the concern that taxpayer posed. money is not being used well. Mr. LAUTENBERG. Mr. President, I The actions taken by the White ask unanimous consent that reading of The simple fact is we need better House staff have damaged our national the amendment be dispensed with. oversight. We need this committee. We security. Thusly, an indictment has The PRESIDING OFFICER. Without need to identify the weaknesses in our come about. It has destroyed an objection, it is so ordered. current system. We need the best prac- operative’s covert cover, compromised The amendment is as follows: tices to be followed by our Department intelligence-gathering operations, and of Defense. (Purpose: To prohibit individuals who know- endangered the safety of other CIA em- We learned earlier this year that $8.8 ingly engage in certain violations relating ployees and their contacts. to the handling of classified information The amendment I offer today is simi- billion that was managed by the Coali- from holding a security clearance) tion Provisional Authority in Iraq sim- lar to one that was offered earlier in On page 286, strike lines 1 through 3, and the year by Senator REID in July. My ply disappeared. We brought back Mr. insert the following: Bremmer, the head of that Coalition amendment has one significant dif- SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- Provisional Authority for the United RITY ACT OF 1950. ference. It includes the words a ‘‘know- States, and gave him a gold medal. I (a) PROHIBITION ON HOLDING OF SECURITY ing’’ standard so that someone who un- wish we had found the $8.8 billion be- CLEARANCE AFTER CERTAIN VIOLATIONS ON knowingly does it doesn’t get included fore we gave him a gold medal. Reports HANDLING OF CLASSIFIED INFORMATION.— in our amendment. We wanted to nar- indicate that payrolls in Iraqi min- (1) PROHIBITION.—Section 4 of the Internal row the field and say, if you talk about istries under the control of that au- Security Act of 1950 (50 U.S.C. 783) is amend- these things and know it, you ought to thority were inflated with thousands of ed by adding at the end the following new pay for it. The payment is fairly sim- subsection: ple. My Republican colleagues reacted ghost employees. The United States In- ‘‘(f) No person who knowingly violates a spector General for Iraqi reconstruc- law or regulation regarding the handling of to the Reid amendment by talking tion has said: classified information in a manner that about it as an open-ended standard. In We believe the CPA management of Iraq’s could have a significant adverse impact on deference to the concerns of our col- national budget process and oversight of the national security of the United States, leagues on the other side, I have added

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.042 S09NOPT1 S12576 CONGRESSIONAL RECORD — SENATE November 9, 2005 a ‘‘knowing’’ standard—in other words, this to determine exactly how we years, we often look at things that are if you don’t know it, then that is one should respond. classified and we say to ourselves: Why thing; if you do know it, it is quite I am reading the first paragraph: ‘‘No in the world would they be classifying something else—which is more than person who knowingly violates,’’ that this document? Unfortunately, the fair to someone who reveals our na- would mean he would have to know broad brush of classification some- tional security secrets. that, A, his material is classified, and, times is utilized on things that I don’t I see my colleague and friend from B, that he has to have a knowledge of think need to be classified. Virginia on the other side. I am re- the law and regulation? Are those the Mr. LAUTENBERG. I think current minded when both of us wore a uniform two elements of that? law describes that. We will use that as some years ago, it was ‘‘loose lips sink Mr. LAUTENBERG. Yes, the Senator the standard. Again, there is no inten- ships.’’ The lights were darkened all is correct. And what we say is, if you tion here to bypass the rules. It is to along the coast. You couldn’t even tell do it, the least that ought to happen is confirm clearly that if you talk about your family where you were at the you ought to learn enough of a lesson this, we are not saying you go to jail. time. As a matter of fact, I was in an that we are going to remove any access We are not saying anything else. But area in Belgium that was quite dan- to classified information if you do it you certainly should no longer have ac- gerous. I did find a place that sold a knowingly. cess to classified information. postcard that was written in the lan- Mr. WARNER. I understand what the Mr. WARNER. Would the Senator be guage of the area. It was Flemish. I consequences are. But I want to make able to supply for the record the ref- sent it to my mother to give her an in- certain the Senator was trying to draw erences that he says would define fur- dication where I was. I kind of had to this up in such a way that, no matter ther the word ‘‘significant’’? You said sneak by the censors. how misfortunate, if it is unin- it is defined in law. Could you cite We are at war. People are at war with tentioned, then that would not be a those laws upon which you rely? us. Terrorists are liable to attack us at violation. Mr. LAUTENBERG. Yes. We will cer- any time. They are certainly doing Mr. LAUTENBERG. Right. tainly try to do that. what they can to even injure or kill Mr. WARNER. I find it difficult to The PRESIDING OFFICER. Who our service people who are abroad. We believe anyone who has a security yields time? ought to make sure we are as diligent clearance would not understand the Mr. WARNER. I think I still have the about covering our security as we can basic law and regulation prohibiting or floor. be. We should ask nothing less than controlling its use. You can almost im- The PRESIDING OFFICER. The Sen- total obedience to the rules. I am here pute to the person knowledge of the ator from Virginia. with the consent and support of Sen- statute and law. Mr. WARNER. Mr. President, again, ator REID of Nevada, Senator LEVIN, Mr. LAUTENBERG. We tried our best this amendment has just been given to and others who believe we should do to clarify it and remove the concern the majority side. We will, in due this. I hope my colleagues across the that was exhibited when Senator REID course, have further response to the aisle can agree that if somebody gives offered it last July. This was added be- Senator. At this time it becomes the information they shouldn’t, by golly, cause colleagues on the other side pending amendment. what we are saying is the penalty is made an observation that was sensible; The PRESIDING OFFICER. It is the that you should lose that security that is, if someone does something un- pending amendment. knowingly, you can’t punish them. But clearance and that person should be Mr. WARNER. Fine. I thank my col- on the other hand, if someone has a job treated as the President suggests, re- league. that includes security, I would have to moved from the security scene. I yield the floor. say they would know this is a violation It is plain common sense. I urge my Mr. LAUTENBERG. I thank the Sen- to betray any of the rules they are sub- colleagues to support the amendment. ator. I suggest the absence of a I yield the floor. jected to. But this clarifies it. There is quorum. The PRESIDING OFFICER (Mr. MAR- no intention here to pull the wool over The PRESIDING OFFICER. The TINEZ). The Senator from Virginia. anybody’s eyes or anything such as clerk will call the roll. Mr. WARNER. Mr. President, I say to that. It is to make sure we prevent any The bill clerk proceeded to call the my colleague, I recall that period very leakage as much as we can of security roll. well. There were times when the Na- information. We are so sensitized to it tion’s capital had blackouts. At that that the country is at times locked up Mr. WARNER. Mr. President, I ask time my father was a doctor actively in concerns with these warnings being unanimous consent that the order for practicing medicine in this city, and he given out, and we ought to try to re- the quorum call be rescinded. had to take the headlights on his car strict that from happening as much as The PRESIDING OFFICER. Without and put a black screen over the head- possible. objection, it is so ordered. light with about a 1-inch slit so he It can be careless. The Senator can Mr. WARNER. Mr. President, are we could respond to emergency measures well remember the time, a very unfor- not at this point in time guided by the during the blackout. Where our home tunate time, when an informant, some- standing order we just entered? was at that time we had blackout cur- one working with the CIA in Latin The PRESIDING OFFICER. The Sen- tains. We regularly went out to make America—Guatemala, I believe it was— ator is correct. The question is on sure there was no leakage of the light was assassinated after their identity agreeing to the Inhofe amendment, as because at that time the city lights, if was revealed. We don’t want that to modified. they had been on, silhouetted U.S. and happen. We have our friends and rel- Mr. WARNER. Have the yeas and other allied shipping such that they atives overseas now. nays been ordered? were the target of then German sub- Mr. WARNER. Let me interrupt. I The PRESIDING OFFICER. They marines off the coast. Indeed, it is hard want to make certain that time used have been ordered. to believe this, but the coastline from during the colloquy is divided equally, Mr. WARNER. May we now proceed Florida all the way up to New England that when I speak, it is charged to my with the vote. was strewn with the damage of ships time, and the Senator from New Jer- The PRESIDING OFFICER. The that were torpedoed. sey, as he speaks, the time will be clerk will call the roll. I remember well that period of time, charged to him; is that agreeable? The bill clerk called the roll. and I remember the phrase. I am sur- Mr. LAUTENBERG. Certainly. Mr. DURBIN. I announce that the prised you, as an Army man, used a The PRESIDING OFFICER. Without Senator from New Jersey (Mr. CORZINE) Navy phrase that loose lips sank ships. objection, it is so ordered. is necessarily absent. But we have a very serious amendment Mr. WARNER. The standard you have The PRESIDING OFFICER. Are there here, deserving of equally serious at- is ‘‘could have a significant adverse im- any other Senators in the Chamber de- tention. It has just been handed to us. pact.’’ Do you have any criteria for siring to vote? I am sure the Senator would appreciate ‘‘significant’’? As you and I both know, The result was announced—yeas 99, that we would need some time to study having dealt in these areas for many nays 0, as follows:

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.044 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12577 [Rollcall Vote No. 312 Leg.] have carefully studied this. I support necessary to ensure that U.S. Armed YEAS—99 the Ensign amendment. I defer to my Forces have the clear guidance that Akaka Dole Martinez colleague, Senator LEVIN. they need and deserve. Alexander Domenici McCain Mr. LEVIN. Mr. President, the Sen- I am confident that the DoD and the Allard Dorgan McConnell ator from Nevada has assured the Sen- administration will ensure that our Allen Durbin Mikulski Baucus Ensign Murkowski ate that this amendment does not seek, men and women in uniform have every Bayh Enzi Murray in any way, to change current policy, tool available to them consistent with Bennett Feingold Nelson (FL) including Executive Order 11850, rel- U.S. and international law. Biden Feinstein Nelson (NE) ative to the use of riot control agents. Mr. LUGAR. Mr. President, I rise Bingaman Frist Obama Bond Graham Pryor I note that the President has provided today to share my views on the amend- Boxer Grassley Reed the Presidential approval required by ment offered by Senator ENSIGN re- Brownback Gregg Reid that Executive order for use of riot garding the use of riot control agents, Bunning Hagel Roberts Burns Harkin Rockefeller control agents in Iraq. We look forward RCAs, by members of our Armed Burr Hatch Salazar to consulting with the administration. Forces in war. As one of the principal Byrd Hutchison Santorum The amendment of the Senator from proponents of Senate ratification of Cantwell Inhofe Sarbanes Nevada is an appropriate amendment. the CWC, along with my ranking mem- Carper Inouye Schumer Chafee Isakson Sessions It could be very helpful, and we support ber, Senator BIDEN, I feel it important Chambliss Jeffords Shelby the amendment. to provide my views in relation to this Clinton Johnson Smith Mr. WARNER. Mr. President, as I amendment. Coburn Kennedy Snowe Cochran Kerry Specter stated on the floor yesterday, I am able I will vote in favor this amendment, Coleman Kohl Stabenow to support Senator ENSIGN’s amend- and I do so because I believe that it in Collins Kyl Stevens ment because it now includes several no way modifies, changes, reinterprets, Conrad Landrieu Sununu important modifications that were re- or otherwise revises the laws of the Cornyn Lautenberg Talent Craig Leahy Thomas quested by the administration. As a re- United States regarding the use of Crapo Levin Thune sult of those modifications, the amend- RCAs in war to save lives, nor in any Dayton Lieberman Vitter ment more accurately reflects current way affects U.S. compliance with our DeMint Lincoln Voinovich DeWine Lott Warner U.S. policy and law regarding the use international obligations. This amend- Dodd Lugar Wyden of riot control agents by members of ment creates no new law, and changes the Armed Forces. I thank Senator EN- no U.S. policy. NOT VOTING—1 SIGN for agreeing to those modifica- When the Senate approved a resolu- Corzine tions. I will take into account the tion of advice and consent to ratifica- The amendment (No. 2440), as modi- views and recommendations of the ad- tion of the Convention on the Prohibi- fied, was agreed to. ministration as we continue our work tion of Development, Production, Mr. WARNER. Mr. President, I move on this issue and the bill in conference. Stockpiling and Use of Chemical Weap- to reconsider the vote. The resolution of ratification for the ons and on Their Destruction—The Mr. DODD. I move to lay that motion Chemical Weapons Convention, CWC, Chemical Weapons Convention or CWC on the table. passed by this body contained a condi- in 1997, it made the conditional on The motion to lay on the table was tion requiring the President to certify maintaining U.S. law in effect at that agreed to. that the United States is not restricted time. Condition 26(B) of that resolution Mr. WARNER. Mr. President, it is my by the CWC in its use of riot control of ratification stated: understanding that we have a second agents in certain specified cir- The President shall take no measure, and vote as ordered. cumstances. In addition, the condition prescribe no rule or regulation, which would AMENDMENT NO. 2443 required the President not to eliminate alter or eliminate Executive Order 11850 of The PRESIDING OFFICER. The next or alter Executive Order 11850, which April 8, 1975. question is on the Ensign amendment. prohibits the use of riot control agents Senator ENSIGN’s amendment men- There are 2 minutes equally divided. in war ‘‘except in defensive military tions both this Executive order and the Who yields time? modes to save lives.’’ Senate-approved condition. Mr. ENSIGN. Mr. President, I ask In response to questions from myself Senator ENSIGN’s amendment cannot that Senator ALLARD be added as co- and Senator LEVIN on the floor yester- modify that condition, and because it sponsor to my amendment. day and today, Senator ENSIGN con- merely restates authority the Presi- The PRESIDING OFFICER. Without firmed that he does not seek through dent already has regarding the use of objection, it is so ordered. this amendment to amend, expand or RCAs in war, I believe that voting for Mr. ENSIGN. Mr. President, very reinterpret Executive Order 11850 in the amendment will not harm U.S. simply, this amendment seeks to clar- any way. It is on that understanding leadership in preventing the prolifera- ify what the policy of the United that I can support his amendment. tion of chemical weapons nor will it re- States has been since 1975, that our The Senator from Nevada has raised verse the will of the Senate at the time military would be able to use riot con- the question of whether the U.S. it approved the CWC. I look forward to trol agents—in this case tear gas—for Armed Forces currently have suffi- working with Chairman WARNER, Sen- defensive purposes. That has been the ciently clear authority with respect to ator LEVIN, and the administration as policy of the United States. But be- riot control agents. I have looked into this provision is considered in con- cause of some interpretations, our this matter and consulted with rep- ference with the House, and in efforts military is not able to use tear gas. resentatives of the Department of De- to improve it in that conference. They do not take it with them, they do fense, including representatives of our Mr. BIDEN. Mr. President, I will vote not train with it, and in many cases commanders in the field. in favor of the Ensign amendment to tear gas—just as police forces use it all They have informed me and my staff this bill, relating to the use of riot con- over the world—would save civilian that, in their view, the use of riot con- trol agents, and I want to make clear lives as well as lives of the members of trol agents is a very complex matter. It to my colleagues why a steadfast sup- our military. is not clear that commanders in the porter of the Chemical Weapons Con- This is absolutely a critical amend- field want to use ‘‘RCAs’’ widely. How- vention can do so in good conscience. ment to save lives of Americans and for ever, there are a number of cases where Senator ENSIGN is concerned that cur- those civilians who, when our military RCAs could be very useful to avoid un- rent interpretation of U.S. policy and kills them—and unfortunately these necessary loss of life. I have been as- of U.S. obligations under international things happen—it makes us look bad as sured that, consistent with the Execu- law might be hampering U.S. forces in a country. tive Order, U.S. Armed Forces have au- Iraq. I gather that not everybody This is a critical amendment that we thority to use riot control agents. Fur- shares that belief, but I do not doubt need to adopt. thermore, I am informed that DoD will that some people have this concern, Mr. WARNER. Mr. President, I wish examine whether any confusion exists and I appreciate Senator ENSIGN’s de- to indicate to my colleagues that I about RCA use, and will take all steps sire to make sure that people in the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.011 S09NOPT1 S12578 CONGRESSIONAL RECORD — SENATE November 9, 2005 military fully understand what they trol agents as a method of warfare.’’ It Mr. SHELBY. Mr. President, I ask can and cannot do when it comes to is standing U.S. policy that if some- unanimous consent I be able to proceed using riot control agents in Iraq. body is using human shields, as oc- as in morning business for 5 minutes. What is important about the Ensign curred in Somalia in the early 1990s, The PRESIDING OFFICER (Mr. amendment, in my view, is that it will our Armed Forces may use riot control COBURN). Without objection, it is so or- in no way modify either U.S. policy or agents ‘‘in defensive military modes to dered. U.S. international obligations regard- save lives’’ without violating our obli- Mr. WARNER. Is there not a pending ing the use of riot control agents. The gations as state party to the Chemical amendment that must be laid aside statement, in subsection (a) of the Weapons Convention. first? amendment that ‘‘riot control agents In light of my view that the Ensign The PRESIDING OFFICER. The Sen- are not chemical weapons’’ is fully con- amendment will not change U.S. policy ator is proceeding in morning business, sistent with the Chemical Weapons and will not call into question the re- and that will take care of it. Convention, in which ‘‘riot control quirement to comply with our inter- Mr. WARNER. I thank the Presiding agent’’ is defined as a chemical, not national obligations under the Chem- Officer. listed in any of the Convention’s three ical Weapons Convention, I see no rea- The Lautenberg amendment is the lists of chemical weapons or their pre- son to oppose this amendment. I do pending amendment on the Defense au- cursors, ‘‘which can produce rapidly in urge, however, that the limited nature thorization bill. humans sensory irritation or disabling of this amendment be made more ex- The PRESIDING OFFICER. The Sen- physical effects which disappear within plicit in conference. ator is correct. The Senator from Alabama is recog- a short time following termination of The PRESIDING OFFICER. All time nized for 5 minutes. exposure.’’ That definition is quite dif- has been yielded. The question is on (The remarks of Mr. SHELBY are ferent from the definition of a ‘‘toxic agreeing to the amendment. The yeas printed in today’s RECORD under chemical’’ in a chemical weapon, and nays have been ordered, and the ‘‘Morning Business.’’) ‘‘which through its chemical action on clerk will call the roll. The PRESIDING OFFICER. Who life processes can cause death, tem- The legislative clerk called the roll. yields time? porary incapacitation or permanent Mr. DURBIN. I announce that the Mr. WARNER. Mr. President, I sug- harm to humans or animals.’’ So the Senator from New Jersey (Mr. CORZINE) gest the absence of a quorum. Ensign amendment is correct in that a is necessarily absent. The PRESIDING OFFICER. The riot control agent, as defined in the The PRESIDING OFFICER. Are there clerk will call the roll. Chemical Weapons Convention, would any other Senators in the Chamber de- The assistant legislative clerk pro- not be a chemical weapon as defined in siring to vote? ceeded to call the roll. that convention. The result was announced—yeas 98, Mr. WARNER. Mr. President, I ask Similarly, the Ensign amendment nays 1, as follows: unanimous consent that the order for now before this body accurately re- [Rollcall Vote No. 313 Leg.] the quorum call be rescinded. flects U.S. policy as established by YEAS—98 The PRESIDING OFFICER. Without President Gerald Ford in Executive Akaka Dole McCain objection, it is so ordered. Order 11850 of April 8, 1975. That Execu- Alexander Domenici McConnell Mr. WARNER. Mr. President, the tive order, signed by a Republican Allard Dorgan Mikulski need for a quorum call at this time is President and implemented by six sub- Allen Durbin Murkowski because there are a number of Senators sequent Presidents of both parties over Baucus Ensign Murray Bayh Enzi who had to depart Capitol Hill for a the last 30 years, states: ‘‘The United Nelson (FL) Bennett Feingold Nelson (NE) meeting. Therefore, it is beyond the States renounces, as a matter of na- Biden Feinstein Obama control of either manager. We need to tional policy . . . first use of riot con- Bingaman Frist Pryor keep in reserve our time on the bill. So Bond Graham trol agents in war except in defensive Reed I ask unanimous consent that the time Boxer Grassley Reid military modes to save lives....’’ It Brownback Gregg Roberts expended in the quorum call up to just Bunning Hagel goes on to give four examples of such Rockefeller a minute ago, when I withdrew it, as Burns Hatch defensive military modes, only two of Salazar Burr Hutchison well as the time that will ensue in the Santorum which relate to combat zones: Byrd Inhofe following quorum call not be charged Sarbanes ‘‘(b) . . . in situations in which civil- Cantwell Inouye to either side. Carper Isakson Schumer ians are used to mask or screen attacks Sessions The PRESIDING OFFICER. Without and civilian casualties can be reduced Chafee Jeffords Chambliss Johnson Shelby objection, it is so ordered. or avoided’’; and Clinton Kennedy Smith Mr. WARNER. I thank the Presiding ‘‘( c) . . . in rescue missions in re- Coburn Kerry Snowe Officer and I thank the Parliamen- Specter motely isolated areas, of downed air- Cochran Kohl tarian. Coleman Kyl Stabenow crews and passengers, and escaping Collins Landrieu Stevens The PRESIDING OFFICER. Who prisoners.’’ Conrad Lautenberg Sununu yields time? Executive Order 11850 then orders im- Cornyn Leahy Talent Mr. WARNER. I suggest the absence plementation, as follows: Craig Levin Thomas of a quorum. Crapo Lieberman Thune ‘‘Sec. 1. The Secretary of Defense Dayton Lincoln Vitter The PRESIDING OFFICER. The shall take all necessary measures to DeMint Lott Voinovich clerk will call the roll. ensure that the use by the Armed DeWine Lugar Warner The assistant legislative clerk pro- Forces of the United States of any riot Dodd Martinez Wyden ceeded to call the roll. control agents and chemical herbicides NAYS—1 Mr. WARNER. Mr. President, I ask in war is prohibited unless such use has Harkin unanimous consent that the order for Presidential approval, in advance. the quorum call be rescinded. NOT VOTING—1 ‘‘Sec. 2. The Secretary of Defense The PRESIDING OFFICER. Without shall prescribe the rules and regula- Corzine objection, it is so ordered. tions he deems necessary to ensure The amendment (No. 2443) was agreed AMENDMENT NO. 1526, AS FURTHER MODIFIED that the national policy herein an- to. Mr. WARNER. Mr. President, I ask nounced shall be observed by the Mr. WARNER. I move to reconsider unanimous consent that the previously Armed Forces of the United States.’’ the vote. agreed to amendment No. 1526 be modi- As far as I can tell, Senator ENSIGN Mr. SHELBY. I move to lay that mo- fied. I send that modification to the does not intend that anything in Exec- tion on the table. desk. The amendment has been cleared utive Order 11850 be changed, nor that The motion to lay on the table was by the other side and is merely a tech- there be any change in the U.S. policy agreed to. nical correction. and obligation to fully obey the Chem- Mr. WARNER. Mr. President, we re- The PRESIDING OFFICER. Without ical Weapons Convention, which binds main on the bill, but a colleague has a objection, the amendment is so modi- each state party ‘‘not to use riot con- unanimous consent. fied.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.015 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12579 The amendment, as further modified, ‘‘(2) completes 24 months on active duty awful lot of time into this amendment. is as follows: during the previous 60 months under such an When some procedural questions came On page 371, between lines 8 and 9, insert order; or up that were important to be resolved, the following: ‘‘(3) is involuntarily mobilized for service we turned it over to Robert Preiss, and on active duty six months or less following SEC. 2887. SENSE OF THE SENATE REGARDING the member’s separation from the member’s he did an excellent job. That is the rea- COMMUNITY IMPACT ASSISTANCE son we can come before you today with RELATED TO CONSTRUCTION OF previous period of active duty. NAVY LANDING FIELD, NORTH CARO- ‘‘(c) MINIMUM AND MAXIMUM PAYMENT confidence that this amendment can be LINA. AMOUNTS.—(1) A payment under this section considered under this important De- It is the sense of the Senate that— shall be made to a member for a month only fense authorization bill. It is critically (1) the planned construction of an outlying if the amount of the monthly active-duty in- important. I would like to explain it landing field in North Carolina is vital to the come differential for the month is greater for my colleagues to understand why national security interests of the United than $50. Senator BAYH and I decided to offer it States; and ‘‘(2) Notwithstanding the amount deter- (2) the Department of Defense should work mined under subsection (d) for a member for and now offer it together. with other Federal agencies to provide com- a month, the monthly payment to a member The Department of Defense status of munity impact assistance to those commu- under this section may not exceed $3,000. forces survey of Reserve component nities directly impacted by the location of ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIF- members, released in September 2004, the outlying landing field, including, where FERENTIAL.—For purposes of this section, the revealed that 51 percent of our Na- appropriate— monthly active-duty income differential of a tional Guard and Reserve said they suf- (A) economic development assistance; member is the difference between— fer a loss in income when mobilized for (B) impact aid program assistance; ‘‘(1) the average monthly civilian income of the member; and long periods of active duty because (C) the provision by cooperative agreement their military pay is less than what with the Navy of fire, rescue, water, and ‘‘(2) the member’s total monthly military sewer services; compensation. they were receiving in their civilian (D) access by leasing arrangement to ap- ‘‘(e) DEFINITIONS.—In this section: job. The average reservist says that he propriate land for farming for farmers im- ‘‘(1) The term ‘average monthly civilian in- or she loses $368 a month, but 11 per- pacted by the location of the landing field; come’, with respect to a member of a reserve cent report losing more than $2,500 a (E) direct relocation assistance; and component, means the amount, determined month. Imagine that you joined the by the Secretary concerned, of the earned in- (F) fair compensation to landowners for Guard and Reserve, volunteered to property purchased by the Navy. come of the member for either the 12 months preceding the member’s mobilization or the serve the country, and then you are ac- AMENDMENT NO. 2483 12 months covered by the member’s most re- tivated. You leave your job and family, The PRESIDING OFFICER. The Sen- cent Federal income tax filing, divided by 12. go overseas and risk your life and ator from Illinois. ‘‘(2) The term ‘total monthly military worry about coming home safe. Many Mr. DURBIN. Mr. President, I send compensation’ means the amount, computed of our Guard and Reserve members are an amendment to the desk on behalf of on a monthly basis, of the sum of— also worried about what is happening Senator BAYH and myself. ‘‘(A) the amount of the regular military to the family back home. There is less The PRESIDING OFFICER. Without compensation (RMC) of the member; and money for the monthly budget, less objection, the pending amendments are ‘‘(B) any amount of special pay or incen- money for the mortgage, less money to set aside. tive pay and any allowance (other than an pay gasoline bills. It all adds up. The clerk will report. allowance included in regular military com- If you take a look, this is kind of an The assistant legislative clerk read pensation) that is paid to the member on a illustration that 51 percent of the re- as follows: monthly basis.’’. (b) CLERICAL AMENDMENT.—The table of servists lose income when mobilized, The Senator from Illinois [Mr. DURBIN], for sections at the beginning of such chapter is and 11 percent lose more than $2,500 per himself and Mr. BAYH, proposes an amend- amended by adding at the end the following month. This income loss represents a ment numbered 2483. new item: disparity in the ranks and poses on re- Mr. DURBIN. I ask unanimous con- ‘‘910. Replacement of lost income: involun- servists a burden not experienced by sent that reading of the amendment be tarily mobilized reserve compo- dispensed with. nent members subject to ex- many Active-Duty troops. Many Ac- The PRESIDING OFFICER. Without tended and frequent active duty tive-Duty troops experience increases objection, it is so ordered. service.’’. in income during deployments due to The amendment is as follows: (c) EFFECTIVE DATE.—Section 910 of title tax advantages, hazardous duty pay, (Purpose: To provide income replacement 37, United States Code, as added by sub- family separation allowances, and payments for certain Reserves experi- section (a), shall apply for months after De- other special pay enhancements. Those encing extended and frequent mobilization cember 2005. reservists with incomes higher than (d) LIMITATION ON FISCAL YEAR 2006 OBLI- for active duty service) the deployed military suffer a loss. GATIONS.—During fiscal year 2006, obligations At the end of subtitle A of title VI, add the incurred under section 910 of title 37, United Their ongoing financial commitments following: States Code, to provide income replacement continue for their children, for their SEC. ll. INCOME REPLACEMENT PAYMENTS payments to involuntarily mobilized mem- families, for their homes, their auto- FOR RESERVES EXPERIENCING EX- bers of a reserve component who are subject mobiles. You know the list as well as I TENDED AND FREQUENT MOBILIZA- TION FOR ACTIVE DUTY SERVICE. to extended and frequent active duty service do. Their basic expenses are based on (a) IN GENERAL.—Chapter 19 of title 37, may not exceed $60,000,000. civilian income, but when they are ac- United States Code, is amended by adding at Mr. DURBIN. Mr. President, let me tivated, they are receiving military in- the end the following new section: say at the outset that Senator BAYH come. The resulting financial problems ‘‘§ 910. Replacement of lost income: involun- and I are offering this amendment. It on the homefront can distract a man or tarily mobilized reserve component mem- turns out that we have had the same woman who has said: I am ready to bers subject to extended and frequent ac- basic concept and idea. We kind of serve my country and even risk my tive duty service came at it a little differently. I spoke life. ‘‘(a) PAYMENT REQUIRED.—The Secretary to him on the telephone a few moments The amendment I offer with Senator concerned shall pay to an eligible member of ago. I am going to defer to him in al- BAYH allows reservists mobilized for a reserve component of the armed forces an amount equal to the monthly active-duty in- lowing him to be the lead sponsor on extended periods to receive up to $3,000 come differential of the member, as deter- this amendment because together we per month in extra pay to make up for mined by the Secretary. The payments shall might have a better chance of success, differences between their military and be made on a monthly basis. and that, of course, is the ultimate test civilian salaries. To qualify, a reservist ‘‘(b) ELIGIBILITY.—Subject to subsection of the wisdom of this concept. must have a pay gap of at least $50 a (c), a reserve component member is entitled I especially salute Robert Preiss of month. to a payment under this section for any full my staff, who is a fellow serving in my The language I offer today is iden- month of active duty of the member, while office who has come to us from the tical to that in the House bill, with one on active duty under an involuntary mobili- zation order, following the date on which the military and has worked night and day exception. This amendment provides member— in trying to make certain that we help these income replacement payments ‘‘(1) completes 180 continuous days of serv- those who are in the Guard and Reserve for Reserve component members mobi- ice on active duty under such an order; and Active military. He has put an lized for 6 months or more. The House

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.060 S09NOPT1 S12580 CONGRESSIONAL RECORD — SENATE November 9, 2005 bill says that you have to be called up language so that when we get together votes. That is a good one to say to em- for 18 months or more to qualify for with the House of Representatives, we ployers: If you are willing to stand be- this income supplement. That is en- can ensure that something does get hind that man or woman in uniform tirely too long. It is rare that a reserv- done this year to eliminate or at least who is leaving your employment for a ist is going to be called up for 18 reduce the income loss suffered by fam- short period to do their duty for our months. So the bill as it comes from ilies of some of our guardsmen and re- country, why shouldn’t we stand be- the House really doesn’t do much. This servists. By standing behind a quali- hind you with the Tax Code? is entirely too long, to expect a reserv- fication period of 6 months, we lay Ms. LANDRIEU. I thank the Senator ist to wait 18 months before we give down a clear marker that we in the from Illinois. I ask him, is there any them some income supplement. Indeed, Senate stand for more than just sym- reason he could believe or think the with most callups currently lasting bolism. We really want to help. We American people wouldn’t put the around 18 months, the practical effect stand for real help in addressing the Guard and Reserve at the top of the of a qualification period that long pay gap for the good of the members of list for a tax cut or a tax credit? Is would be that few reservists would ever our Reserve components, for the good there any other group you can think of get a dime of help. We can do a lot bet- of their families, for the long-term that is more deserving than the men ter than that. America can do better good of the force, and for the good of and women who leave their homes, put for its men and women in uniform. I our Nation. on the uniform, leave their jobs, leave urge my Senate colleagues to pull to- I urge my colleagues, if they think their businesses, and go to the front- gether. The House plan is good, but the this is a worthy amendment and will line to take the bullets? Would the qualification period is unrealistically join us in it, Senator BAYH and I would Senator be able to identify any other long. We can make it better. welcome their support. This should be group that would be more worthy of a This language was proposed by Con- a bipartisan amendment. I don’t know tax credit or a tax cut if we had extra gressman MCHUGH. He is the Repub- how we can argue over whether we money to give? lican chairman of the House Armed should protect the income of the men Mr. DURBIN. From my point of view, Services Committee Subcommittee on and women who fight for us. If they are absolutely none. But it is interesting, Personnel. He originally proposed a 12- going to be away from their families what a timely question. We are about month qualification period. It was ex- and separated, not there for the impor- to consider a tax bill. This tax bill will tended to 18 months through hasty ac- tant decisions that are being made by give a break to millionaires. If you tion in the committee that may not their families, the least we can do is happen to be a millionaire in America, have been carefully considered. As I make sure they don’t face some unrea- we think you need a tax break of have said, the language I offer today sonable hardship because of income $35,000 a year. Poor souls. If you happen with Senator BAYH is the same with loss. to be making between $50 and $200,000, the exception that this version we offer I see Senator LANDRIEU is here. I sa- the tax break turns into $112 dollars; calls for a 6-month qualification pe- lute her. She has done so many things under $50,000, $6. The point is, we are riod. recently on Hurricane Katrina and going to spend billions of dollars giving According to an Army Times article other issues. But she has been one of tax breaks to the wealthiest people and about this provision, Chairman the strongest voices in the Senate for not giving a helping hand to the men MCHUGH said something needs to be the Guard and Reserve and our mili- and women in uniform and the employ- done. I agree with him. He said: ‘‘We tary. She and I spoke the other day ers who patriotically stand behind have a crisis.’’ I agree with that. He re- about this issue. She said: We have to them. peated that the extended deployments have an amendment to help Guard and I say to the Senator from Louisiana, are raising this issue time and time Reserve. I am glad she has come to the she couldn’t have a more timely obser- again for many of the very best who Chamber at this moment because it is vation. serve our country. I have to agree with timely. We are trying to make sure Ms. LANDRIEU. I thank the Senator Chairman MCHUGH 100 percent. We this bill doesn’t leave the Senate with- from Illinois. I would just like to add have made a sound proposal because we out a provision in it that is going to my few remarks to support his amend- do, indeed, have a crisis. Recruiting help these men and women in uniform. ment. numbers are down for our military. Ms. LANDRIEU. Will the Senator The PRESIDING OFFICER. The Sen- That is a fact of life. With the Reserve yield? ator from Louisiana is recognized. components missing their recruitment Mr. DURBIN. I am happy to yield. Ms. LANDRIEU. Mr. President, the targets, we must look to the retention Ms. LANDRIEU. I know the Senator Senator from Illinois has come to the of existing members to keep up force is wrapping up his remarks, but I floor again this afternoon and has strength. would like to ask the Senator, is he spent literally hours over the last 2 So far, retention has been pretty aware that a complementary amend- years, in particular, speaking about good. I salute the men and women for ment we have worked on for a couple of the importance of supporting our staying on in the military even though years, giving a tax credit to employers Guard and Reserve. we ask more and more of them each who are filling that pay gap, is the Mr. WARNER. Mr. President, will the day. But the existence of this income Senator aware that has still not passed distinguished Senator from Louisiana loss is going to hurt us with retention. this Congress? allow me to propound a question to the Let’s be honest about it. Of the top 10 Mr. DURBIN. I was aware of it. I say distinguished Senator from Illinois be- reasons cited in the status of forces to the Senator from Louisiana, a lot of fore he departs the floor? survey for leaving the National Guard people are not aware of it. They think Ms. LANDRIEU. Mr. President, I will and Reserve, income loss was No. 4. we have already done these things. We be happy to yield to the chairman. The others are obvious: family burden, make these proposals on the floor of The PRESIDING OFFICER. The Sen- too many activations and deployments, the Senate. Some of them pass the Sen- ator from Virginia is recognized. activations are too long, and loss of in- ate, then they disappear in conference Mr. WARNER. I thank the Presiding come. We ask a lot of sacrifice from committees. We all pat ourselves on Officer. the men and women in uniform. They the back and say we are standing up Mr. President, I have just gotten this march off and do their duty, whether it for the men and women in uniform. At amendment and I am looking it over. It is responding to Hurricane Katrina at the end of the day, there is no law for is not unlike similar provisions that home or going over to risk their lives the President to sign. have been before the Senate. As a mat- in Iraq or Afghanistan. We understand A lot of our colleagues, myself in- ter of fact, it has been passed by the that we can do something about the in- cluded, will be at Veterans Day events Senate but dropped in conference. come loss. That is what this amend- this week. I will be traveling all over Here is the problem based on, again, ment seeks to do. Illinois. We are going to stand there. very modest military experience of my I urge my colleagues on both sides to We may be holding the flag. We will own, but a lifetime of association with support this measure. Pass this amend- say we are for our soldiers and our vet- the men and women in the military. I ment and include it in our Senate bill erans. But the real proof is in our have come to learn the importance of

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.062 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12581 pay. Pay to an individual is a tremen- listed in the Marine Corps—a person wartime, a much larger active force. dous symbolism. I remember when we who is in the active military knows We are fortunate that in wartime con- advanced from private to private first what his or her life is going to be and ditions, we have these men and women class or, in my case, from seaman to builds his or her life accordingly in who will respond, and do so willingly seaman second class, seaman first terms of expenses incurred. A person in and subject their families. The Senator class, and so on. I got $4 a month in one the Guard and Reserve has a civilian from Illinois is correct on that point. pay increase, I remember, in World War life and civilian financial obligations I have to dwell on this amendment. I II. And then the wife at home often is that he or she knows may come when just read it. I wanted to have this col- struggling to make ends meet. Boy, they are activated and a hardship may loquy, and I appreciate the courtesies that pay is important. come from separation. But they are in the Senator always extends. Picture that today we have a total different circumstances as they go into Mr. DURBIN. I thank the Senator. force concept. It is not Reserves serv- this field of combat. One comes from Mr. WARNER. The Senator from ing over here and regulars serving over an active military life with a family Louisiana has the floor. here. Fortunately, we mix. The units budget accordingly, and the other Mr. LEVIN. Will the Senator from are merged together. When we go to comes from the private sector with an- Louisiana yield for a question to Sen- Iraq, as all of us go now, we will find other family budget. ator DURBIN? Reserves and regulars performing the It seems to me what I am asking is, Ms. LANDRIEU. I would like to ask same duties commensurate with their since we now rely more than ever on the Senator from Virginia a question rank and their technical experience. the Guard and Reserve, shouldn’t we be before he leaves the floor. Reserves and regulars are subject to more sensitive to that? Shouldn’t we Mr. WARNER. I will be here when the same threat to life and limb from say that if you are willing to sacrifice the Sun comes up tomorrow. Mr. LEVIN. Mr. President, it is my an IED, from the missiles coming in, your time and your life for your coun- recollection that the Senate already subject to the same arduous hardships try, we are willing to sacrifice, too, to passed an amendment in one of the pre- and living conditions both in Iraq and make sure there is no unnecessary eco- vious bills where we made up the dif- Afghanistan. nomic hardship? Then along comes this amendment, I don’t think the two observations I ference for Federal employees; is that no matter how well-intentioned, and made are unreasonable. The Senator not correct? Mr. DURBIN. That is correct. We suddenly the Reservist gets a signifi- from Virginia knows better than I be- passed it for the third or fourth time. cant amount of money in addition to cause he has been in the military and I It goes into this strange world of con- his monthly pay to the regular who is have not served. But I would think in a ference committees and disappears. unit, people would be more sensitive to serving right with him, living in the Mr. LEVIN. In which all of us have that. To think that soldier who left same tent, eating the same food, and participated. We have seen the parts that job in the private sector or the taking the same risks. that emerge and the parts that do not, For those of us who have had the op- Federal Government is next to me wor- and it is always a little mystery as to portunity to serve in the ranks, that ried because they missed the second what emerges and what does not begins to breed tension and inequities. mortgage payment back home wouldn’t emerge. You don’t want those types of tensions make me feel any better about my unit My understanding is that clearly is a as these young men and women are and wouldn’t make me feel any better precedent for treating all employees. courageously performing their military to know that is going on. Everybody is activated the same way Mr. WARNER. Mr. President, I think duties. This is my concern. as Federal employees. That is No. 1. So Mr. DURBIN. Mr. President, may I we have different perspectives. But pay I think that is a good argument for the respond to the Senator? is a very significant thing in every amendment. But also the cost of this Mr. WARNER. Yes, of course. military person’s life. We have to ad- amendment, it seems to me, given the Mr. DURBIN. First, I have the great- just. We certainly have to recognize. qualification period of 6 months, as I est respect for the Senator from Vir- What you are in a sense doing, Sears understand it, the cost over 5 years ginia, who served his country not only has opted as an employer to do as you would be $295 million which would be a in the Navy but as Secretary of the state, not let their employee accept the little under $60 million a year; is that Navy, and also as the longest serving consequences, and there is a category correct? Senator in Virginia. Didn’t the Senator of persons coming in from the Reserve Mr. DURBIN. That is correct. from Virginia break the record re- and Guard who simply do not have em- Mr. LEVIN. I thank the Senator. cently? ployers such as Sears Roebuck; for The PRESIDING OFFICER. The Sen- Mr. WARNER. I am No. 2 for life. whatever reason their employer won’t ator from Virginia is recognized. Mr. DURBIN. And very popular in the do it. Mr. WARNER. Mr. President, I point State of Virginia. I don’t know, I am concerned about out, yes, the Senate has passed it, but I say to him, consider two things. building tensions into these young peo- for various reasons, conferences have Let’s assume the Senator is in a unit ple in these units. not accepted it, so it is not in law that is in combat and he learns the fel- Mr. DURBIN. May I ask the Senator, today. low next to him who has been activated in this colloquy through the Chair, Mr. LEVIN. That is correct. as a Guardsman used to work for Sears consider this whole question about re- Mr. DURBIN. That is true. Roebuck, a Chicago-based company. tention. That is a big issue now. We Mr. WARNER. We do not have any of And because Sears Roebuck is such a need these men and women in the these. good and patriotic corporation, they Guard and Reserve, even active duty, Mr. DURBIN. The Senator might say have decided they are going to protect who have developed the skills, under- it is pending in the Defense appropria- his income. They are going to give him stand the mission, can be combat ready tions conference. more than his military pay. They are in an instant. We need them to stick Ms. LANDRIEU. Will the Senator going to keep him at the same level of around. We need them to reup. If they from Virginia yield? pay he received before he was acti- have been through a bitter experi- Mr. WARNER. Mr. President, the dis- vated. ence—personal experience, financial tinguished Senator from Louisiana had Will I think less of that fellow soldier experience, separated from their fam- the floor. She very graciously allowed because he is receiving some money ily—we know it lessens that likelihood. me to intervene. I am happy to take a from Sears and think maybe we If we want the very best to continue question. shouldn’t eat at the same mess table, serving, I think this is an incentive for Ms. LANDRIEU. I do so through the or stand together and fight together? I that to happen. Chair. I first say how much I appre- don’t think so. I think people will say Mr. WARNER. Mr. President, the ciate the exchange between the Sen- that is good fortune for you. Senator is absolutely correct. I could ator from Virginia and the Senator The second point I would like to raise even take it a step further. If we didn’t from Illinois. I hope we can find a way is this: A person who is active mili- have the Guard and Reserve, we would to move forward on this very impor- tary—I have a nephew who just en- have to carry in peacetime, as well as tant issue because it is so crucial to

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.064 S09NOPT1 S12582 CONGRESSIONAL RECORD — SENATE November 9, 2005 the security of our Nation, to the secu- are different, because the challenges I hope we can again take bipartisan ac- rity of these Guard and Reserve fami- are different. tion on this Senate floor, as we have lies. It seems the right thing for us to I would argue this is one of the issues done so many times before, to support do. that is at the heart of how we sustain the amendment offered by the Senator My question to the Senator from Vir- a skilled, able, versatile, agile, and from Illinois, at least in the Federal ginia, because he has so much experi- quick-to-deploy force without imple- employ, our own engineers, our own ence in warfighting as the Secretary of menting a draft and having the ability scientists, our own nurses, our own the Department of Navy and as the to muster a large and effective force doctors, our own office administrators, chairman of the Committee on Armed when necessary. This is at the heart of when we ask them to put the uniform Services, is: When we created the it. That is why Senator DURBIN con- on and go to the frontline to take the Guard and Reserve Force, did we an- tinues to come to this floor and why I bullets, that as an employer we do not ticipate that so many would be called come to this floor, why the Senator say: And also, by the way, we would up for such a long period of time? That from Indiana, Mr. BAYH, and others on like your spouse and your children to is an important answer to have because the Republican side have come to the live on 30 percent less income while my sense of it is that we didn’t com- floor. Because we need to make some you are away. pletely anticipate these numbers and changes. We need to adapt to the re- If the country was in crisis in terms these lengths of deployment. ality. of no money for anyone and we were all I ask the Senator, several decades Let me submit for the RECORD the re- on rations and we were all sacrificing ago, did we foresee this dependency? ality of this situation. Since the Berlin financially and we did not have the Mr. WARNER. Mr. President, the crisis of 1961 through the Vietnam war, money, I think these families would Senator raises a very interesting his- we only called from the Reserve and say: Look, we are all in the same boat. torical perspective. During World War Guard about 200,000. From 1961 through We are serving the country. We will II, the National Guard was mobilized the Vietnam war, basically to the early take the 30-percent cut in pay. But early on and amalgamated with the 1990s—I know Vietnam was over before what gets me, what galls me, what regular forces. The Reserves likewise then—but basically to the 1990s, we makes me so angry is, this Congress is were brought in. So everybody was in called up 200,000. But as the chairman giving other families who do not put World War II for the duration. knows, because he is the great distin- the uniform on, other families who are The next major conflict was Korea, guished chairman of our committee, he making upwards of $350,000, $400,000, in which I had minor participation, is correct, since 1990, the Persian Gulf $500,000, tax cuts, and we cannot seem modest though it may be. The units I war to the present, we are 150,000 to find the will, the energy, or the served in were quickly made an amal- troops strong in Iraq and we have focus to help the small group of fami- gamation of Reserves and regulars. I called up 744,000 Guard and Reserve lies that one could argue are bearing remember vividly the squadron I served members. the entire burden in some cases—let in as a ground officer. The Reserve pi- As the Senator from Illinois so beau- me repeat, the entire burden of the war lots, even though they had been called, tifully pointed out, these are citizen on terror. I do not understand it. Sen- some of them had only been on active soldiers. They live in the community. ator DURBIN does not understand it. duty 60 days, barely getting retraining Their budgets are based on their civil- Senator BAYH does not understand it. and were flying missions with the ian jobs. Their children, their spouses, The Senators have voted now unani- regulars who had been on active duty and their families have dreams and as- mously. for a number of years. There was no pirations based on their civilian pay- What happens to this amendment distinction between any of us. We were rolls. They do not enter the military when it goes to the House of Represent- all treated the same. I was a Reservist and decide: We are only going to make atives? What should I tell the Guard called up at that time. $40,000, $50,000, $60,000 the rest of our and Reserve families who went to Iraq, Then along came Vietnam, and for life, but the benefit is we get a dis- over 6,000 of them—3,000 of them just whatever reasons, when I was Sec- count on food. We get our health insur- came home and a third of the ones who retary of the Navy, we didn’t employ ance. We will move around every 2 just came home came home to no the Guard and Reserve. We relied on years. We get a housing allowance. It is house, no school, and no church. Now I the draft. I would have to research the life we have chosen. We understand have to go home and say that Congress some of the reasons why we didn’t do the sacrifices we are making, and we is going to get ready to pass another it. budget accordingly. spending bill, another tax bill, and I This country has fluctuated back and These are business owners, police- am sorry, yes, you have, once again, forth. But in direct answer to the Sen- men, nurses, doctors, engineers, sci- been left out. I do not even know how ator’s important question, in this con- entists who answer the call, put the to explain it because it cannot be ex- flict, more than ever before, we have uniform on, and sometimes answer plained. relied on the Guard and Reserve. I be- that call in 24 hours, literally, or in Senator DURBIN’s amendment simply lieve about 60 percent of the uniformed just a few weeks. They kiss their chil- says, let the Federal Government be personnel in Iraq tonight, some 150,000 dren goodbye—maybe the wife is the the leader. Let the Federal Govern- plus, 60 percent of them are Guard and spouse who is leaving. Maybe it is the ment set the pace as an employer. Let Reserve. husband. They tell everyone goodbye. us at least do what other States and So the Senator from Louisiana is They leave and they are gone for 18 other employers are doing, fill the gap, very correct in her observation. months. stand in the gap for them. They are Ms. LANDRIEU. I thank the Senator Under our current rules, which are taking the bullets. They are taking the from Virginia. I would like to add to not working, not only does that soldier risk with their lives. Why would we ask that comment. make the sacrifice but our Government our Federal employees to take a seri- The PRESIDING OFFICER. The Sen- is asking that family in some cases to ous pay cut? I do not think we should. ator from Louisiana is now recognized. take a 30- to 40-percent decrease in pay. Again, if we did not have any money at Ms. LANDRIEU. Mr. President, I I just cannot understand it. Nothing all, if we were just flat broke, then would add to this discussion that it is about it makes sense. It defies common maybe we would have to. We give important for us as leaders to be open sense. How can we recruit Guard and money away to everybody, but we can- to change and to adopt new strategies. Reserve, then send them to long de- not give it to our Federal employees The one thing that is certain about life ployments, sometimes without even who are serving this country twice: as is change. Those who adapt survive, the equipment they need—which is a public servants so they do not get a and those who do not, do not survive. I whole other issue—but ask their fami- very high salary normally, and then believe when it comes to creating poli- lies to take a 30- and 40-percent de- they go to the frontlines and take the cies that secure our Nation and support crease? I do not understand it. bullets and get a salary cut even lower, our armed services, we always need to I know we have not done this in the and we think that is perfectly fine. be open to those things that we need to past, but this Senator from Louisiana Well, this Senator does not think it do differently because circumstances thinks it is time to do it for the future. is fine. This Senator thinks we can do

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.065 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12583 better. This Senator thinks we need to preserving our Nation’s security by en- I again thank my distinguished col- have better priorities. This Senator be- suring the Guard and Reserve remain a leagues, the Senator from Virginia and lieves we need to have different prior- vital component of our national secu- the Senator from Michigan. Once ities that support our Nation, support rity structure. I also rise to defend our again, I thank my colleague DICK DUR- our services, support our Guard and Re- moral obligation to do right by our fel- BIN, who has been extremely gracious serve, and it would ultimately support low citizens who bear the burden of and who has been a strong leader in the country. And, frankly, it is the battle and by their loved ones who this capacity. right thing to do. make it possible for them to do that by I will conclude by saying the true I see the Senator from Michigan. supporting them here at home. test of a strong society is not only the The PRESIDING OFFICER. The Sen- No one should be forced to choose be- armaments we purchase but how we ator from Michigan is recognized. tween doing right by their family and support those who bear the burden of Mr. LEVIN. Mr. President, this is an their loved ones and doing right by battle and their loved ones here at important amendment. It has been of- their country, but too often today we home. If we can help them pay the fered on behalf of Senator BAYH, by have placed thousands of our fellow mortgage or keep food on the table Senator DURBIN. Senator LANDRIEU is a citizens in exactly that position. That while they are serving us in Iraq and very passionate and persuasive sup- is what this amendment is designed to Afghanistan and elsewhere, it is not porter of this amendment. I think Sen- correct. only the intelligent thing to do, it is ators BAYH, DURBIN, and LANDRIEU are We now have 145,000 guardsmen and the morally responsible thing to do. right; that we basically designed the reservists serving who have been called That is what this amendment would Guard and Reserve force to be a stra- to active duty. Fully 35 percent of our accomplish. tegic reserve. As a practical matter, troops in Iraq are guardsmen and re- I thank my colleagues for their gra- now they are effectively part of our servists, many of them putting their ciousness and their support. operational forces. We have to change lives in harm’s way. Just this last Mr. WARNER. I urge adoption of this this arrangement so they do not take week, I took the liberty of spending a amendment. such a severe hit as they are being couple of hours out at Walter Reed The PRESIDING OFFICER. Is all called up, and they are now in for Army Hospital. Many of the most time yielded back? longer and longer periods. I do not have grievously injured there have served in Mr. LEVIN. I yield back the remain- the statistics on how long the average the Guard and Reserve. We owe it to do der of my time. period of callup is now, but I am quite right by them. The PRESIDING OFFICER. Without confident that if we could compare the Their deployments are lasting longer objection, it is so ordered. The question is on agreeing to the length of the callup, say, during the than before. Since the Korean War, it is our practice to only have them amendment. last few years to the periods between The amendment (No. 2483) was agreed called to active duty for no more than 1973, when we ended the draft, that we to. would see there has been a dramatic in- 6 months. But today, it is routine, not Mr. WARNER. Mr. President, I move crease in the length of the callup. at all uncommon, for them to be called to reconsider the vote. I support the amendment. I think we to active duty for more than a year and Mr. LEVIN. I move to lay that mo- can make some real progress—I hope sometimes multiple calls. tion on the table. we can—this year in conference on this Mr. President, 51 percent of these in- The motion to lay on the table was matter. It is a reasonable cost, a fair dividuals whose lives we are disrupting, agreed to. cost. It is something on which we can 51 percent who are serving, many of Mr. WARNER. I say to my col- do better, and the troops deserve that them in harm’s way, suffer a substan- leagues, this is a matter that we will we do better. tial loss of income, what I have re- carefully review in conference. It has The PRESIDING OFFICER. The Sen- ferred to as the ‘‘patriot penalty.’’ The failed to survive in previous con- ator from Virginia is recognized. average loss of income is about $4,400 ferences, but I think this time it may, Mr. WARNER. Mr. President, first I per soldier—a material amount of particularly because of the question of commend all Senators who have par- money for many Americans. Our recruiting and the difficulty of the Re- ticipated in this debate. Each time I amendment, with the support of Sen- serves and Guard and the adjustment listen to the distinguished Senator ator DURBIN, Senator LANDRIEU, the ac- to family life. As the Senator pointed from Louisiana, I say to my ranking tive support of Senators WARNER and out, hundreds upon hundreds of thou- member, she was a very valued member LEVIN, would help to correct this situa- sands—700,000 I believe—have been in- of our committee before she went tion by providing up to $3,000 per volved in this conflict. AWOL. month in making up lost income for Mr. LEVIN. If the Senator would Mr. LEVIN. She is still part of the our Reserve and Guard men and yield on that? Guard and Reserve, though. women. The PRESIDING OFFICER. The Sen- Mr. WARNER. Yes, proceeding to the This is important to maintaining the ator from Michigan. Appropriations Committee, where some Guard as a critical component of our Mr. LEVIN. It seems to me, the fact think all power resides in the Senate. national security structure. We are that there is a provision in both bills Nevertheless, to think that the Sen- currently running, in the Army Guard, does increase the opportunity and the ator found time to work on this amend- about 24 percent below our recruiting likelihood this time around that we ment, as she has on a number of per- goals. The commander of the Reserve will come out of conference with some- sonnel issues through the years—I re- not too long ago described his force as thing. All we can do is continue to try, member the last authorization bill. ‘‘a broken force.’’ At a time when we but I am a little more optimistic now Does the Senator from Michigan re- are relying upon the Guard and the Re- that this amendment passed. Again, we member that? serve more than ever before, we must thank the Senators from Indiana, Illi- Mr. LEVIN. I do, indeed. ensure that we act to maintain our re- nois, and Louisiana for their leader- Mr. WARNER. One of the last amend- cruiting goals and to ensure the morale ship. ments we were dealing with was on per- of the force. The PRESIDING OFFICER. The Sen- sonnel issues. Anyway, the Senator Many laudable private firms have ator from Louisiana is recognized. from Louisiana found time to be here, risen to the challenge by providing for Ms. LANDRIEU. I see the lead spon- given the tremendous burdens that she their employees but, regrettably, not sor of the amendment on the floor, so has in connection with the tragic suf- all do so. About 29 percent of employ- let me be brief so he can close out. I fering in her State, past, present, and ers are currently doing that, but that thank the leadership for accepting this possibly the future. I point out to my still leaves the bulk of our Guard men amendment. I know they will fight colleagues a provision comparable to and women and our reservists without, hard to keep this in conference as we this is in the House bill now in con- so we have acted to make up that gap. move forward because it really is an ference, therefore, that we go to. It is not a burden they could have rea- important part of our strategic align- Mr. BAYH. Mr. President, I rise sonably anticipated, given the dif- ment for the future. I thank the chair- today for a cause that is essential to ference in callups today versus before. man and the ranking member for their

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.066 S09NOPT1 S12584 CONGRESSIONAL RECORD — SENATE November 9, 2005 leadership not just today but over Mr. LEVIN. I suggest the absence of for his eloquent, passionate portrayal time, for doing the right thing by our a quorum. of the needs and responsibilities we troops and always being willing to The PRESIDING OFFICER. The have to carry out toward our guards- think about new ways of making our clerk will call the roll. men and reservists. military stronger and better. The assistant legislative clerk pro- The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- ceeded to call the roll. yields time? ator from Illinois. Mr. BAYH. Mr. President, I ask unan- Mr. WARNER. Mr. President, it is Mr. WARNER. If I can make one imous consent that the order for the just a matter of minutes before we comment before our distinguished col- quorum call be rescinded. start the votes. Perhaps the distin- league from Louisiana leaves the floor. The PRESIDING OFFICER. Without guished Senator from Georgia would The PRESIDING OFFICER. The Sen- objection, it is so ordered. like to make some explanation about ator from Virginia is recognized. Mr. BAYH. Mr. President, I have the vote coming up? Mr. WARNER. There comes a time many of my colleagues to thank for AMENDMENT NO. 2433 every now and then to reflect on the their graciousness and for their atten- Mr. CHAMBLISS. Mr. President, past with a sense of humor. When I was tion to an issue of significant impor- these next couple of votes involve an a young Senator many years ago, one tance to our country. I would like to amendment I filed and an amendment of the Senator’s predecessors was Rus- start with my friend and colleague, the Senator from Illinois, Mr. DURBIN, sell Long. His expertise was in the area DICK DURBIN from Illinois, who has has filed. I think the significant thing of taxes. How many times, I ask my cared about this issue for many years, about both amendments is that we are good friend from Michigan, would I particularly with regard to our Federal finally starting to recognize that, be- hear him in these vigorous floor de- employees who are bearing the burden cause we are calling up our Guard and bates come over and say: We will drop of battle today on our behalf just as Reserve folks on an all too regular it in conference; accept it? they work for us in their civilian ca- basis these days, and because today, as Mr. LEVIN. Usually with his arm pacities here at home. we enjoy the freedoms that we some- around you. Senator DURBIN has been a model of times take for granted in this country, Mr. WARNER. With his arm around comity and accommodation and in a we have troops serving in Iraq, 60 per- you shaking you like a tree. But we are body that is too often driven by other cent of whom are Guard and Reserve not saying that. interests. I thank him profusely for his troops, it is necessary that we continue I just thought maybe that little bit consideration here today. down the path we have been down for of color might remind Louisianans of I also thank Senator LANDRIEU for the last several years under the leader- his proud record in the Senate. her longstanding interest in this issue. ship of Senator WARNER and Senator Mr. President, this is another exam- She has had a somewhat different ap- LEVIN, trying to increase the benefits ple of how the managers, in the course proach, but it would achieve the same to our Guard and Reserve and the fami- of colloquies, can work out amend- objective—helping our Guard men and lies of those brave men and women. ments. I strongly urge colleagues to women and their families while they Both these amendments seek to do come forward because we are getting are serving our country. that. down to the few amendments that are I also express my appreciation to the There is a fundamental difference in remaining in the hopes that this bill two leaders on the Armed Services the two amendments, though. My can be acted on for final passage to- Committee, Senators WARNER and amendment, the underlying amend- morrow, as early as possible in the day. LEVIN, for their courtesy. I thank you ment, provides for a reduction in re- I yield the floor. for accepting our amendment. I know tirement age from 60 to 55 for reserv- The PRESIDING OFFICER. The Sen- you share our conviction about doing ists, based upon the activation of those ator from Michigan. right by our brave men and women in reservists and Guard men and women Mr. LEVIN. Mr. President, my under- the Guard and Reserve, and I wish to into contingency areas. For every 3 standing is that at 5:30 there will be express my personal appreciation for months they have been activated and two votes. I am wondering if Senator your accommodation in this regard. I sent into a conflict, they receive a 1- LAUTENBERG’s amendment has been—I know there are occasionally differences for-1 or 3-month reduction in the re- know it has been offered. I am won- of opinion about some aspects of this, tirement age, from 60 down to the min- dering whether there is further debate and the fact that we could work imum or lower level of 55. The Durbin on the Lautenberg amendment. through them at this moment means a amendment simply would not make Mr. WARNER. Mr. President, I wish great deal to me, as I know it does to that kind of 1-to-1 offset but would to say to my colleague at the present the families of the Guard men and treat the Guard and Reserve the same time I am drafting an amendment in women we are attempting to help. as the Active-Duty folks. Unfortu- the second degree. As soon as I have it, Mr. WARNER. Mr. President, the dis- nately, the difference between the two I will be prepared to debate it on the tinguished Senator from Indiana has is we cannot afford the Durbin amend- floor and let the matter go to a vote. had a lot on his mind here recently ment. Mr. LEVIN. I think it is very helpful with the tragic natural disaster in his What my amendment does is to ulti- that Senator LAUTENBERG be informed State, and I thank him for finding the mately allow the reduction down to that there is a plan to offer a second- time to come to the Chamber and offer age 55 for those Reserve and Guard peo- degree amendment so perhaps he can this amendment. I recall, during the ple who are activated. It has a cost, then be prepared to come to the floor markup of the Armed Services bill, he, over 5 years, of about $320 million. The and debate whatever that second-de- being a very valued member of the Durbin amendment has a cost of about gree amendment is. committee, had this general concept in $4.8 billion over that same 5-year pe- Mr. WARNER. I would propose to do mind. The Senator advised the com- riod. That is such a significant dif- it. I would have to check. There are mittee as a whole in the markup ses- ference that, in my opinion, we will three amendments, and actually the sion that at the time this bill reached never get that done. fourth is the pending amendment. I the floor, he would have formulated his My amendment can be done. It is a will see if he cannot possibly bring up thoughts and done his research and movement in the right direction, to his amendment right after the two gathered his colleagues and would recognize that we are calling up these votes. present this bill. That he has done, and folks on a more regular basis and that Mr. LEVIN. Perhaps during those two in that he has succeeded. This is a mat- we should continue to provide them votes, if the chairman so desires, we ter we will take up in conference with and their families with some security could try to line up the rest of the careful consideration. measures from the standpoint of business for tonight. I thank our colleague. incentivizing them to go into the Mr. WARNER. I thank my partner, The PRESIDING OFFICER. The Sen- Guard and Reserve and stay in the who has been most helpful in getting ator from Michigan. Guard and Reserve. this bill passed. We are going to try Mr. LEVIN. Mr. President, let me add The PRESIDING OFFICER. All time and facilitate that. my thanks to the Senator from Indiana has expired.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.068 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12585 Mr. CHAMBLISS. The Durbin amend- The PRESIDING OFFICER. The Sen- thank you for all your hard work on our be- ment would not do that. Mine would. ator from Michigan is recognized. half. Mr. WARNER. Mr. President, I ask Mr. LEVIN. Mr. President, I support Sincerely, unanimous consent that the vote be de- very much the Chambliss amendment. CASEY W. COANE, RADM, USN (Ret) Executive Director. layed by 5 minutes so the Senators I think it makes an important state- may have a minute or 2, I can have a ment, as well as taking an important The PRESIDING OFFICER. All time minute or 2, and the Senator from step toward greater equity relative to has expired. Michigan can have a minute or 2. retirement. The Senator from Georgia Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without has described his amendment, and I for the yeas and nays. objection, it is so ordered. will not describe it again because he The PRESIDING OFFICER. Is there a Mr. CHAMBLISS. Mr. President, if has accurately described it. sufficient second? There is a sufficient second. we are going to call on these brave vol- I commend him for this amendment. Mr. WARNER. Mr. President, I also unteers, we need to incentivize them, It is an important amendment. ask for the yeas and nays on the Dur- and my amendment does that. It seeks I ask the Presiding Officer whether there is time between the vote on the bin amendment. to call on the individual from a volun- The PRESIDING OFFICER. Is there a Chambliss amendment and the Durbin teer standpoint. It doesn’t seek to pro- sufficient second? amendment for an explanation of the tect the top level, the officers and the There is a sufficient second. uppercrust, the enlisted personnel. It Durbin amendment. The question is on agreeing to the The PRESIDING OFFICER. There seeks to protect all members of the amendment of the Senator from Geor- are 2 minutes equally divided. Guard and Reserve from the enlisted gia. The clerk will call the roll. Mr. LEVIN. I will be in a position of standpoint and give them an oppor- The assistant legislative clerk pro- supporting the Chambliss and Durbin tunity to reduce their retirement age ceeded to call the roll. from 60 down to 55. amendments. While the Chambliss Mr. DURBIN. I announce that the amendment takes an important step, I think it is fair. I think it is reason- Senator from New Jersey (Mr. CORZINE) able. And I think it is supportable. the Durbin amendment takes three or is necessarily absent. I ask my colleagues to support my four important steps in the right direc- The PRESIDING OFFICER (Mr. amendment and to vote against the tion allowing earlier retirement. Where VITTER). Are there any other Senators Durbin amendment. there has been 25 years of service, for in the Chamber desiring to vote? I ask unanimous consent that Sen- instance, retirement would be allowed The result was announced—yeas 99, ator HAGEL be added as a cosponsor of at age 55. Where there has been 24 nays 0, as follows: my amendment. years of service under the Durbin [Rollcall Vote No. 314 Leg.] amendment, retirement would be al- The PRESIDING OFFICER. Without YEAS—99 objection, it is so ordered. lowed at age 56. There is a greater cost. Akaka Dole Martinez Mr. WARNER. Mr. President, I like- I think it is justified. We will talk Alexander Domenici McCain wise ask to be added as a cosponsor of more about that in the minute which Allard Dorgan McConnell the amendment. has been allowed on the Durbin amend- Allen Durbin Mikulski The PRESIDING OFFICER. Without ment. Baucus Ensign Murkowski Bayh Enzi Murray objection, it is so ordered. Mr. CHAMBLISS. Mr. President, I Bennett Feingold Nelson (FL) Mr. WARNER. Mr. President, I ask unanimous consent that a letter Biden Feinstein Nelson (NE) strongly support the Chambliss amend- from the Naval Reserve Association in Bingaman Frist Obama Bond Graham Pryor ment. support of my amendment be printed in Boxer Grassley Reed I want to bring to the attention of the RECORD. Brownback Gregg Reid colleagues that a minute ago we ac- There being no objection, the mate- Bunning Hagel Roberts cepted another amendment which will rial was ordered to be printed in the Burns Harkin Rockefeller Burr Hatch Salazar go to conference, and I am quite con- RECORD, as follows: Byrd Hutchison Santorum fident that out of that conference will NAVAL RESERVE ASSOCIATION, Cantwell Inhofe Sarbanes come a package of further compensa- Alexandria. VA, November 8, 2005. Carper Inouye Schumer tion to the men and women for the Sen. SAXBY CHAMBLISS, Chafee Isakson Sessions Russell Senate Office Building, Washington, Chambliss Jeffords Shelby Guard and Reserve for other reasons. Clinton Johnson Smith But in this bill we are adding enormous DC. Coburn Kennedy Snowe DEAR SENATOR CHAMBLISS: I am writing on benefits for the men and women in the Cochran Kerry Specter behalf of the members of the Naval Reserve Coleman Kohl Stabenow Armed Forces, all of which are justified Association in support of your amendment Collins Kyl Stevens in many areas. The Senator has picked to reduce the age at which reserve compo- Conrad Landrieu Sununu out an area which has been under con- nent members receive their retirement pen- Cornyn Lautenberg Talent sideration for some period of time. But sion. Craig Leahy Thomas An active component member retiring at Crapo Levin Thune I point out that the cost of the Durbin Dayton Lieberman Vitter second degree, which vote will follow 20 years of service receives a pension imme- DeMint Lincoln Voinovich this one, must be considered in the diately upon retirement. A reserve compo- DeWine Lott Warner nent member serving the same number of Dodd Lugar Wyden area of $1 billion for their 2006 and $10 qualifying years cannot. Reducing the age NOT VOTING—1 billion over the next 10 years. That is from 60, will be a positive step in mitigating 10 times, according to my calculation, this disparity. A more equitable retirement Corzine the cost to the Federal taxpayer of the program will aid greatly in recruiting and The amendment (No. 2433) was agreed amendment of the Senator from Geor- retaining members in the Navy Reserve, and to. gia. all reserve components. When the age limit Mr. WARNER. I move to reconsider Am I correct? for receipt of retired pay by reserve compo- the vote. Mr. CHAMBLISS. That is correct. nent members was set decades ago, the Navy Reserve, and other reserve components, was Mr. LEVIN. I move to lay that mo- Mr. WARNER. So I urge my col- not relied upon the way it is today. tion on the table. leagues we must show some restraint The objective is to support the reduction of The motion to lay on the table was as we are going through a number of the age for retirement eligibility from its agreed to. valid and important increments in pay current level to one that is consistent with The PRESIDING OFFICER. There and benefits for the men and women in today’s utilization of the reserve component. are now 2 minutes of debate equally di- the Armed Forces. In essence, the Your new legislation which links that reduc- vided on the upcoming amendment. Chambliss amendment is an adaptation tion to duty in a recalled to active duty sta- The Senator from Virginia is recog- of the Durbin amendment but at one- tus accomplishes that goal. I look forward to working together in sup- nized. tenth the cost because I think you are port of a strong and viable Navy Reserve, Mr. WARNER. Mr. President, we more equitably treating those who and all reserve components. Again, on behalf have this vote. We are making great have served in periods of active service. of the members of the Naval Reserve Asso- progress on this bill. I will be con- I thank the Senator. ciation and members of the Navy Reserve, sulting with the leadership. There is a

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.070 S09NOPT1 S12586 CONGRESSIONAL RECORD — SENATE November 9, 2005 possibility we would like to continue The PRESIDING OFFICER. The The PRESIDING OFFICER. Without tonight, but with regard to further question is on agreeing to the amend- objection, it is so ordered. rollcall votes, we will have to consult ment. The yeas and nays have been or- The amendment is as follows: our respective leaders to determine dered. The clerk will call the roll. (Purpose: To modify the multiyear that. We will do that as quickly as pos- The legislative clerk called the roll. procurement authority for C–17 aircraft) sible so as to convenience Senators. Mr. DURBIN. I announce that the Strike section 131 and insert the following: But this bill will go on tonight. It may Senator from New Jersey (Mr. CORZINE) SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER- well be we debate amendments and is necessarily absent. THEATER AIRLIFT REQUIREMENTS. stack them for the morning. The PRESIDING OFFICER. Are there (a) MULTIYEAR PROCUREMENT AUTHOR- Mr. LEVIN. Is there any way of de- any other Senators in the Chamber de- IZED.—The Secretary of the Air Force may, in accordance with section 2306b of title 10, termining that now? siring to vote? United States Code, enter into a multiyear Mr. WARNER. Well, I have to get my The result was announced—yeas 40, contract, beginning with the fiscal year 2006 leader, I have to tell you. I know he nays 59, as follows: program year, for the procurement of up to came on and off the floor. [Rollcall Vote No. 315 Leg.] 42 additional C–17 aircraft. Mr. President, the managers wish to YEAS—40 (b) CERTIFICATION REQUIRED.—Before the advise the Senate that this will prob- exercise of the authority in subsection (a), Akaka Harkin Murray the Secretary of Defense shall submit to the ably be the last rollcall vote tonight. Bayh Inouye Nelson (FL) congressional defense committees a certifi- But we will continue to debate amend- Biden Jeffords Obama cation that the additional airlift capacity to Bingaman Johnson Pryor ments and stack them for a time be provided by the C–17 aircraft to be pro- agreed upon by the two leaders for to- Boxer Kennedy Reed Byrd Kerry Reid cured under the authority is consistent with morrow morning. Cantwell Kohl Rockefeller the quadrennial defense review under section AMENDMENT NO. 2473, AS MODIFIED Clinton Landrieu Salazar 118 of title 10, United States Code, to be sub- Dayton Lautenberg Sarbanes mitted to Congress with the budget of the The PRESIDING OFFICER. Who Dodd Leahy Schumer President for fiscal year 2007 (as submitted yields time on the amendment? Dorgan Levin Stabenow Mr. DURBIN. Mr. President, if I Durbin Lieberman under section 1105(a) of title 31, United Feingold Lincoln Wyden States Code), as qualified by subsection (c). could have the attention of the Cham- Feinstein Mikulski (c) ADDITIONAL EXPLANATION OF INTER-THE- ber for 60 seconds. ATER AIRLIFT REQUIREMENTS.— NAYS—59 The last amendment by Senator (1) INCLUSION IN QUADRENNIAL DEFENSE RE- CHAMBLISS received 99 votes. We all Alexander Crapo McCain VIEW.—The Secretary of Defense shall, as joined in supporting it. It was a good Allard DeMint McConnell part of the quadrennial defense review in 2005 Allen DeWine Murkowski and in accordance with the provisions of sec- amendment. This amendment, which I Baucus Dole Nelson (NE) tion 118(d)(9) of title 10, United States Code, am offering, I think is better. Here is Bennett Domenici Roberts carry out an assessment of the inter-theater why. Bond Ensign Santorum airlift capabilities required to support the Under the amendment offered by Brownback Enzi Sessions Bunning Frist Shelby national defense strategy. Senator CHAMBLISS, you could reduce Burns Graham Smith (2) ADDITIONAL INFORMATION.—In including Burr Grassley the age at which you are eligible as a Snowe the assessment required by paragraph (1) in Carper Gregg reservist to start receiving your retire- Specter the quadrennial defense review as required Chafee Hagel ment based on the time you spent mo- Chambliss Hatch Stevens by that paragraph, the Secretary shall ex- bilized, activated. This amendment Coburn Hutchison Sununu plain how the recommendations for future Cochran Inhofe Talent airlift force structure requirements in that says you could reduce it by the time Thomas served in the Reserve. Coleman Isakson quadrennial defense review take into ac- Collins Kyl Thune count the following: Right now, no matter when you Conrad Lott Vitter (A) The increased airlift demands associ- Voinovich start, how long you serve, you cannot Cornyn Lugar ated with the Army modular brigade combat Craig Martinez Warner draw the first dollar in retirement teams. until you are 60 years old. Under my NOT VOTING—1 (B) The objective to deliver a brigade com- amendment, if you have served 25 years Corzine bat team anywhere in the world within four in the Reserve, you could start drawing to seven days, a division within 10 days, and The amendment (No. 2473), as modi- multiple divisions within 20 days. it at age 55, which is the common re- fied, was rejected. tirement age for civil servants, for (C) The increased airlift demands associ- Mr. WARNER. I move to reconsider ated with the expanded scope of operational Federal employees. the vote. activities of the Special Operations forces. My amendment is endorsed by the Mr. LEVIN. I move to lay that mo- (D) The realignment of the overseas basing National Guard Association, the Mili- tion on the table. structure in accordance with the Integrated tary Officers Association, and the Re- The motion to lay on the table was Presence and Basing Strategy. serve Officers Association. (E) Adjustments in the force structure to agreed to. Mr. President, I ask unanimous consent to meet homeland defense requirements. add Senators Corzine and Landrieu as co- Mr. WARNER. Mr. President, I see (F) The potential for simultaneous home- sponsors. the distinguished Senator from Mis- land defense activities and major combat op- The PRESIDING OFFICER. Without souri and the Senator from Con- erations. objection, it is so ordered. necticut. This is one of the amend- (G) Potential changes in requirements for Who seeks time in opposition? ments in the 12 on this side of the aisle. intra-theater airlift or sealift capabilities. The Senator from Georgia is recog- I would like to have this amendment (d) MAINTENANCE OF C–17 AIRCRAFT PRO- move forward. DUCTION LINE.—In the event the Secretary of nized. Defense is unable to make the certification Mr. CHAMBLISS. Mr. President, as I The PRESIDING OFFICER. The Sen- specified in subsection (b), the Secretary of said earlier, while I sympathize with ator from Missouri is recognized. the Air Force should procure sufficient C–17 the Senator from Illinois, because this AMENDMENT NO. 2477 aircraft to maintain the C–17 aircraft pro- is a critical issue, it is simply a matter Mr. TALENT. Mr. President, I have an duction line at not less than the minimum of not being able to provide the funding amendment at the desk. sustaining rate until sufficient flight test for this particular retirement bill. The PRESIDING OFFICER. The data regarding improved C–5 aircraft mission We had this issue up last year, and capability rates as a result of the Reliability clerk will report. Enhancement and Re-engining Program and we did not get the funding for it. My The legislative clerk read as follows: Avionics Modernization Program have been bill takes a more reasonable approach. The Senator from Missouri [Mr. TALENT], obtained to determine the validity of as- It rewards those men and women who for himself, Mr. WARNER, Mr. STEVENS, Mr. sumptions concerning the C–5 aircraft used are serving in Iraq today. CHAMBLISS, Mr. CORNYN, Mr. LIEBERMAN, in the Mobility Capabilities Study. I ask that we render a ‘‘no’’ vote Mrs. BOXER, Mrs. FEINSTEIN, and Ms. COL- Mr. TALENT. Mr. President, Senator against this amendment so we can LINS, proposes an amendment numbered 2477. LIEBERMAN and I are offering an make a strong move to include my Mr. TALENT. Mr. President, I ask amendment that we believe is crucial amendment in the conference report unanimous consent that reading of the to providing our Armed Forces with that will be forthcoming. amendment be dispensed with. the air transport capabilities they

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.072 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12587 need. The amendment has been cospon- dition to other programs for increasing days, our increased involvement in sored by Chairman WARNER and Sen- the lift capabilities of the Department. international humanitarian relief mis- ators STEVENS, BOXER, FEINSTEIN, The Department’s decision regarding sions and deployment back to the CORNYN, CHAMBLISS, and others. In ad- future C–17 production is, we believe, United States of forces as part of the dition, we have worked closely with imminent. Senator LIEBERMAN and I Global Posture Review. the chairman and Senator LEVIN and believe if we do not procure additional We cannot pull back from forward committee staff, and the amendment transports, our intertheater airlift ca- bases around the world. We cannot has been cleared on both sides. I am pabilities will be inadequate to meet adapt increased requirements for being grateful to the managers of the bill for our military’s needs. We will lack the able to move substantial forces of the their work on this important legisla- lift capability needed to deploy and Army around the world. We cannot tion. adequately sustain forces overseas. fight a global war on terror everywhere The Defense Department’s current While our primary responsibilities and perform humanitarian relief func- intertheater airlift requirement was es- must be to our military personnel and tions around the world. We cannot do tablished by the Mobility Requirement national security, there is also a sig- these things without adequate lift. Study, called MRS–05, which was re- nificant economic stake for many What is at stake is the ability of the leased in December 2000. That study States. C–17 production generates ap- United States to project its military identified the airlift necessary to con- proximately $8.4 billion in economic power on the world and to project aid duct high-priority missions in support activity and is supported by 702 sup- where necessary on a humanitarian of two major theater wars. That was pliers in 42 States. This is a major in- basis around the world. It is this airlift the national military strategy at the dustrial base issue. St. Louis is one of which enables us to do the other trans- time, to be able to conduct two major the essential suppliers of components formational things in the military theater wars at the same time. for the C–17. I have had the privilege of which are the way we hope to sustain Even back in 2001, recently retired visiting workers who build parts for an adequate military force while also TRANSCOM Commander, GEN John the plane. having some economies. Handy, identified the Department’s There are over 1,800 people through- Senator LIEBERMAN and I offer this pre-September 11 intertheater airlift out Missouri who help build the C–17, amendment because intertheater air- requirements as inadequate. He charac- which generates more than $776 million lift is the means by which our forces terized that study, which was a pre-9/11 in economic impact. States such as deploy on short notice anywhere in the study, shortly after its release as a his- , New York, Illinois, Iowa, world and a primary means by which torical document, not of great value, Connecticut, Florida, and Washington we sustain deployed forces. When the because in his judgment it signifi- have over 491 C–17 suppliers that gen- Chief of Staff of the Air Force, the re- cantly underestimated the true airlift erate over $5.5 billion of economic ac- cently retired head of TRANSCOM, and requirements of the Department even tivity in these States alone. others who understand the central im- at that time. I will expand on this Despite the facts I recited before portance of airlift for our services tell point in a few minutes. about airlift, it has been reported that us about how vital this aircraft is to We are now learning that the Depart- the draft version of the new Mobility the military’s air transport needs, we ment’s most recent study has com- Capabilities Study recommends no fur- believe it is prudent to take their word pletely failed to readjust the airlift re- ther C–17 production beyond 180 air- for it and plan accordingly. quirement in light of all the different craft, at least 42 transports short of the It is my understanding this amend- missions in which the United States is minimum number required. Incredibly, ment has been agreed to on both sides. now and will be engaged for years to the new Mobility Capabilities Study We are certainly grateful for that. I ap- come—the global war on terror, inter- calls for the same transport force preciate the leadership of the floor national humanitarian relief missions, structure planned before 9/11, and it managers in being able to reach that expanded special operations and train- sets forth the same airlift requirement agreement. ing, to say nothing of our need to sup- in the pre-9/11 days. Again, even before Mr. President, I yield the floor. port the underlying national military 9/11, the head of TRANSCOM, General The PRESIDING OFFICER. Who strategy needs. Handy, said the Department’s estimate seeks time? The Senator from Con- The C–17 is the primary intertheater of its airlift requirement was out of necticut. air transport used by the United States date. Yet the draft study doesn’t in- Mr. LIEBERMAN. Mr. President, I to deploy and sustain forces overseas. crease that requirement, even given rise to speak in favor of the amend- It has delivered 70 percent of the cargo the undeniable additional needs since ment that I am privileged to cosponsor airlifted into Iraq. It has turned in the global war on terror began. with my friend from Missouri. He stellar performances in theaters from The Talent-Lieberman amendment spoke very comprehensively and elo- Kosovo to Afghanistan to the global would accomplish three objectives to quently about it. I will say a few words war on terror in all its various loca- protect the lift capability needed to de- and associate myself with everything tions. In addition, the C–17 played a ploy and sustain forces overseas. he has said. key role in several recent humani- First, it would authorize a multiyear This is all about strategic airlift. It tarian relief missions, including the re- contract for the purchase of up to 42 is all about the ability to deploy our sponse to the gulf coast hurricanes and additional C–17 aircraft. forces and the equipment and materials the earthquake in . Second, the amendment urges the to sustain them to battlefields around The Chief of Staff for the Air Force, Secretary of the Air Force to sustain the world. The C–17, a remarkable air- GEN Michael Moseley, recently said the production line by procuring a min- craft, has done that with enormous ef- that the C–17 has ‘‘proven its worth in imum sustaining production rate of C– ficiency, reliability, and skill. gold.’’ 17s per year at least until further as- I have been around here long enough The real question before the Senate sessment of airlift needs are com- now that I remember when the mili- is not whether we need additional pleted. tary was pleading with us in Congress intertheater airlift but how much more Third, it requires the Secretary of to authorize and appropriate for the de- airlift is required. The Air Force’s Defense to certify whether there is a velopment of a new strategic airlift ca- longstanding position, reiterated time need for additional C–17s by assessing pacity. It became the C–17. I remember and again over the last few years, has the additional intertheater airlift re- the arguments. The strategic airlift is been at least 222 C–17s—42 more than quirements generated by seven factors like the long pole in a tent. If the pole the planned procurement of 180 air- which have to be considered but which is gone, the tent collapses. If you can- craft—are needed to meet growing air- were not considered, we believe, in the not get your forces, material, and lift requirements. General Handy re- flawed mobility study, including the equipment to support them to the field peatedly testified that 222 C–17s would Army’s shift to brigade combat teams, of battle around the world—the fields be the minimum necessary to meet our its goal of deploying a brigade any- of battle are not only dispersed around airlift requirements and that even where in the world in 4 to 7 days, and the world but in very different cir- more may be needed, and this is in ad- a division anywhere in the world in 10 cumstances often without typical or

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.074 S09NOPT1 S12588 CONGRESSIONAL RECORD — SENATE November 9, 2005 conventional airfields on which to what we call intertheater demand— he has done to bring this forward. It land—then you can’t fight the battle. within the theater—demand for stra- has been a pleasure working with him. From that plea over a period of years tegic airlift, and there will be no sig- I ask my colleagues to support the came the design and construction of nificant increase in concurrent demand amendment. the C–17. I remember the first day I associated with homeland defense at The PRESIDING OFFICER. The Sen- saw the first C–17 fly into an airfield in the same time there are major combat ator from Virginia. East Hartford, associated with Pratt & operations overseas underway. Mr. WARNER. Mr. President, I Whitney who, I am proud to say, builds Senator TALENT pointed out that re- strongly endorse the amendment by the engines for these planes. It is re- cently the C–17s were used to bring our colleagues, both the Senator from markable. It is an enormous plane. The critically important materials into the Missouri and the Senator from Con- pilots flew it with an ease and mobility gulf coast area after Hurricane Katrina necticut. They have carefully discussed that made it seem like a much smaller struck. with us the process by which they ar- plane. I say that all of these assumptions of rived at this conclusion. I must say, It has performed admirably over the the Mobility Capabilities Study, which putting aside a little modesty, years years. Time after time, members of the reached this unique conclusion that we and years ago, I was the one who on Armed Services Committee, on which will be safe with 180 C–17s, are suspect. several occasions worked with others the Senator from Missouri and I are The fact is, the Department of Defense in this Senate to save the C–17 from privileged to serve, have heard our is now looking at some very different even coming into being. We could see warfighting commanders tell us that military planning scenarios which the needs into the future. they don’t have enough strategic air- would occasion very significant de- This plane has been an absolute, lift. mand for the C–17 strategic airlift ca- rock-solid performer in our inventory I am privileged to serve as the rank- pacity. of airlift. I think this amendment ing Democrat on the Airland Sub- We know that in-theater demand for comes at a critical time, expressing the committee of the Armed Services Com- this capacity has obviously increased desires of the Congress. It gives flexi- mittee. We authorize strategic airlift, in Iraq because of the danger of ground bility to the Secretary of the Air Force and here, too, we have heard over and movement, and the C–17s have met and the Secretary of Defense to pro- over, one, about the need and, two, that need brilliantly and reliably. ceed. I strongly support it. about the enormously impressive per- Subsequent insurgencies, the kinds of At this time, it may be necessary to formance of the C–17. unconventional conflicts and threats put in a quorum call so the matter can It is the heart of our strategic airlift. we are likely to face in the years be discussed. Is that correct? The Air Force, as my friend from Mis- ahead, will also require the kind of The PRESIDING OFFICER. The Sen- souri, Senator TALENT, has said, has unique capacity that this aircraft has ator from Connecticut. contended over and over—and this to carry an enormous amount of mate- Mr. LIEBERMAN. Mr. President, I reaches a level of a plea also—that we rial or personnel and land in very un- ask unanimous consent that my friend need 222 C–17s. That is a position held conventional and different and colleague from Connecticut, Sen- by the U.S. Transportation Command, topographies. ator DODD, be added as an original co- which is responsible for the planning There is now, as we know, a Quadren- sponsor of the amendment. and providing of strategic transpor- nial Defense Review underway. That is The PRESIDING OFFICER. Without tation for our military. done every 4 years within the Pentagon objection, it is so ordered. Here is the problem and what brings to sketch out—more than sketch out— Mr. LIEBERMAN. He has been a Senator TALENT and I and a very broad to define and delineate the strategic steadfast and I would go so far as to group of Senators of both parties to and specific materiel needs of our mili- say a fervent supporter of the C–17 over offer this amendment. tary to execute the national military the years of the existence of this pro- A study has recently been completed strategy. That QDR is underway and gram, and on behalf of Senator TALENT, by the Department of Defense called probably will address these issues. I I ask that when a vote is taken on this the Mobility Capabilities Study. It personally believe that the QDR will amendment, it be taken by rollcall. concludes, uniquely—no one else has— increase the requirement for strategic The PRESIDING OFFICER. The Sen- that the need now is only for 180 C–17s; airlift, not decrease it, as the Mobility ator from Michigan. again, at odds with the Transportation Capabilities Study suggests. Mr. LEVIN. Mr. President, we sup- Command. Here is the problem. If that This amendment is protection port this amendment. The Secretary’s position holds and we stop production against the implementation of the Mo- certification that is involved should of the C–17 at 180, that would mean pro- bility Capabilities Study numbers pre- not be related to the mobility capa- duction would end in 2008 and the pro- maturely, of the shutting down of bility study because that will not make duction line would close. It is hard to these production lines, of the loss of any recommendations for changing air- start it up again—impossible to start it jobs, and of the inability to meet the lift requirements. The certification up again. A lot of people around the strategic airlift needs of our military. should be related to the Quadrennial country, including in Connecticut, will The amendment says the Secretary Defense Review because if there are lose their jobs. of the Air Force may execute a changes in the national military strat- There is a fundamental flaw to the multiyear contract for the 42 more air- egy that affect airlift requirements, Mobility Capabilities Study. It is sim- planes that would bring us to the 222 those should be reflected in the QDR. ply that the case has not been made standing requirement, that the Depart- If the Air Force does not buy any that we are going to adequately sup- ment of Defense must reconsider the more C–17 aircraft after 2007, Boeing port our military with 180 of these validity of those Mobility Capabilities may have to close down its production planes. We need 222. Study assumptions during the QDR, line after delivering the last of 180 C– The Mobility Capabilities Study has and that the production line for the C– 17s. That would be before we have the serious limits and flaws. The first point 17s and all component parts must be testing data on the C–5 upgrades be- is that it started several years ago, and kept operating at least at a minimum cause that data will not be available its conclusions are based on assump- sustaining rate until we are confident until 2008. tions that I contend are no longer of what we need. Given the fact there are some risks valid. This is a hedge against a precipitous those upgrades will not achieve the Among these that concern me most and, I would say, dangerous decision mission-capable rates the DOD expects are the assumptions that the planning made based on a single study done and then make it possible for us to scenarios in place during the study, the within the Pentagon. meet our lift requirements, this is a war situation scenarios, need situation I am grateful for the encouragement positive amendment. It gives some real scenarios, are still valid. Also, that and, I hope and believe, support of the flexibility and discretion to the Sec- there will be no increase in demand chairman of the Armed Services Com- retary of Defense. from revisions in those planning sce- mittee and the ranking Democrat. I The PRESIDING OFFICER. The Sen- narios, that there will be no increase in thank Senator TALENT for all the work ator from Virginia.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.076 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12589 Mr. WARNER. Mr. President, do I un- amendment in the second degree. But (c) OFFSET.—The amount authorized to be derstand the Senators desire a rollcall under the underlying unanimous con- appropriated by section 301(4) is hereby re- vote? sent agreement on which we are oper- duced by $5,000,000. Mr. TALENT. That is correct. ating on this bill, all time has to be AMENDMENT NO. 1329, AS MODIFIED Mr. WARNER. I ask for the yeas and yielded back before the second-degree (Purpose: To authorize, with an offset, an ad- nays. amendment may be offered. ditional $1,000,000 for procurement for the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- Marine Corps for General Property for sufficient second? ator from New Jersey asked consent to Field Medical Equipment for the Rapid In- travenous (IV) Infusion Pump) There appears to be a sufficient sec- second-degree his amendment. The ond. At the end of subtitle C of title I, add the amendment is not currently the pend- following: The yeas and nays were ordered. ing question, nor has all time expired SEC. 124. RAPID INTRAVENOUS INFUSION PUMP. Mr. WARNER. We will schedule this on the first-degree amendment, so it is vote at a time in consultation with our (a) ADDITIONAL AMOUNT FOR PROCUREMENT appropriate to ask consent at this FOR THE MARINE CORPS.—The amount au- respective leaders. There may be some time. thorized to be appropriated by section 102(b) other matters that we have. Is there objection? for procurement for the Marine Corps is The PRESIDING OFFICER. The Sen- Mr. WARNER. Objection. hereby increased by $1,000,000. ator from Missouri is recognized. The PRESIDING OFFICER. Objec- (b) AVAILABILITY OF AMOUNT.—Of the Mr. TALENT. Mr. President, I again tion is heard. amount authorized to be appropriated by thank the chairman and ranking mem- Mr. LAUTENBERG. Mr. President, I section 102(b) for procurement for the Marine ber for their hard work. The Senator suggest the absence of a quorum. Corps, as increased by subsection (a), from Connecticut and I talked about it. $1,000,000 may be available for General Prop- The PRESIDING OFFICER. The erty for Field Medical Equipment for the We thought this measure, going to the clerk will call the roll. Rapid Intravenous (IV) Infusion Pump. heart of such an important require- The legislative clerk proceeded to (c) OFFSET.—The amount authorized to be ment, was worthy of a rollcall vote. I call the roll. appropriated by section 301(4) is hereby re- do appreciate the chairman’s patience Mr. WARNER. Mr. President, I ask duced by $1,000,000. on that. unanimous consent that the order for AMENDMENT NO. 1382, AS MODIFIED Mr. WARNER. I suggest the absence the quorum call be dispensed with. (Purpose: To require a report on the aircraft of a quorum. The PRESIDING OFFICER. Without of the Army to perform the High-altitude The PRESIDING OFFICER (Mr. objection, it is so ordered. Aviation Training Site of the Army Na- DEMINT). The clerk will call the roll. AMENDMENTS NOS. 1316, AS MODIFIED; 1329, AS tional Guard) The assistant legislative clerk pro- MODIFIED; 1382, AS MODIFIED; 1410, 1438, 1444, At the end of subtitle C of title III, add the ceeded to call the roll. 1469, AS MODIFIED; 1471, 1534, 1543, 1544, AS MODI- following: Mr. WARNER. Mr. President, I ask FIED; 1550, AS MODIFIED; 1559, AS MODIFIED; SEC. 330. REPORT ON AIRCRAFT TO PERFORM unanimous consent the order for the 1560, AS MODIFIED; 1562, 1567, AS MODIFIED; 1885, HIGH-ALTITUDE AVIATION TRAIN- quorum call be rescinded. 2484, 2485, 2486, 2487, 2488, 2489, 2490, 2491, 2492, 2493, ING SITE The PRESIDING OFFICER. Without 2494, 2495, 2496, 2497, 2498, 2499 TO 1396; 2500, 2501, Not later than December 15, 2005, the Sec- 2502, 2503, 2504, 2505, AND 2506, EN BLOC retary of the Army shall submit to the con- objection, it is so ordered. gressional defense committee a report con- Mr. WARNER. The Senate is now in Mr. WARNER. Mr. President, in con- sultation with the distinguished Sen- taining the following: session on the bill; is that correct? (1) An evaluation of the type of aircraft The PRESIDING OFFICER. The Sen- ator from Michigan, I send a managers’ available in the inventory of the Army that ator is correct. package of some 40 amendments to the is most suitable to perform the High-altitude desk which have been cleared by my- AMENDMENT NO. 2478 Aviation Training Site (HAATS) mission. self and the ranking member. (2) A determination of when such aircraft Mr. LAUTENBERG. Mr. President, I Mr. LEVIN. Mr. President, the may be available for assignment to the want to amend my amendment, No. amendments have been cleared on our HAATS. 2478, which I introduced earlier, to in- side. AMENDMENT NO. 1410 clude another paragraph to clarify ex- Mr. WARNER. Mr. President, I ask (Purpose: To express the sense of Congress actly what we mean. I listened to rec- unanimous consent the Senate consider concerning actions to support the Nuclear ommendations that we use other lan- those amendments en bloc, the amend- Non-Proliferation Treaty) guage that again further clarifies the ments be agreed to, and the motions to On page 296, after line 19, add the fol- intent here. reconsider be laid upon the table. Fi- lowing: The intent, very simply, is to say if nally, I ask unanimous consent that SEC. 1205. SENSE OF CONGRESS ON SUPPORT someone violates the rules for transfer- any statements relating to any of these FOR NUCLEAR NON-PROLIFERATION TREATY. ring classified information knowingly, individual amendments be printed in then we think they should lose that op- Congress— the RECORD. (1) reaffirms its support for the objectives portunity for access to that. The PRESIDING OFFICER. Without That was the sole purpose. I offer it. of the Treaty on the Non-Proliferation of objection, it is so ordered. Nuclear Weapons, done at Washington, Lon- Mr. WARNER. Mr. President, I ob- The amendments were agreed to en don, and Moscow July 1, 1968, and entered ject. bloc, as follows: into force March 5, 1970 (the ‘‘Nuclear Non- The PRESIDING OFFICER. Objec- Proliferation Treaty’’); AMENDMENT NO. 1316, AS MODIFIED tion is heard. (2) expresses its support for all appropriate Mr. LAUTENBERG. Mr. President, I (Purpose: To authorize, with an offset, an ad- measures to strengthen the Nuclear Non- ask unanimous consent to second-de- ditional $5,000,000 for research, develop- Proliferation Treaty and to attain its objec- ment, test, and evaluation for the Army tives; and gree my amendment. I send it to the for the Joint Service Small Arms Program) desk for consideration. (3) calls on all parties to the Nuclear Non- At the end of subtitle B of title II, add the Mr. LEVIN. Parliamentary inquiry. Proliferation Treaty— following: (A) to insist on strict compliance with the The PRESIDING OFFICER. The Sen- SEC. 213. JOINT SERVICE SMALL ARMS PRO- non-proliferation obligations of the Nuclear ator from Michigan. GRAM. Non-Proliferation Treaty and to undertake Mr. LEVIN. Parliamentary inquiry: (a) INCREASED AMOUNT FOR RESEARCH, DE- effective enforcement measures against It is my understanding the Senator has VELOPMENT, TEST, AND EVALUATION, ARMY.— states that are in violation of their obliga- a right to send a second-degree amend- The amount authorized to be appropriated tions under the Treaty; ment to the desk without consent. by section 201(1) for research, development, (B) to agree to establish more effective The PRESIDING OFFICER. The Sen- test, and evaluation for the Army is hereby controls on enrichment and reprocessing ator may second-degree his own increased by $5,000,000. technologies that can be used to produce ma- amendment without consent. (b) AVAILABILITY OF AMOUNT.—Of the terials for nuclear weapons; amount authorized to be appropriated by (C) to expand the ability of the Inter- Mr. WARNER. Mr. President, my un- section 201(1) for research, development, test, national Atomic Energy Agency to inspect derstanding of the parliamentary situ- and evaluation for the Army, as increased by and monitor compliance with safeguard ation is that the ruling of the Chair is subsection (a), $5,000,000 may be available for agreements and standards to which all states correct, that a Senator may send an the Joint Service Small Arms Program. should adhere through existing authority

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and the additional protocols signed by the AMENDMENT NO. 1469, AS MODIFIED AMENDMENT NO. 1543 states party to the Nuclear Non-Prolifera- (Purpose: To renew the moratorium on the (Purpose: To authorize the Secretary of En- tion Treaty; return of veterans memorial objects to for- ergy to carry out certain new plant (D) to demonstrate the international com- eign nations without specific authorization projects for defense nuclear non-prolifera- munity’s unified opposition to a nuclear in law) tion activities) weapons program in Iran by— At the end of subtitle G of title X, add the On page 372, line 3, insert after (i) supporting the efforts of the United following: ‘‘$1,637,239,000’’ the following: ‘‘, of which States and the European Union to prevent amount $338,565,000 shall be available for the Government of Iran from acquiring a nu- SEC. 1073. RENEWAL OF MORATORIUM ON RE- TURN OF VETERANS MEMORIAL OB- project 99–D–143, the Mixed Oxide Fuel Fab- clear weapons capability; and JECTS TO FOREIGN NATIONS WITH- rication Facility, Savannah River Site, (ii) using all appropriate diplomatic means OUT SPECIFIC AUTHORIZATION IN Aiken, South Carolina, and $24,000,000 shall at their disposal to convince the Government LAW. be available fro project 99–D–141, the Pit Dis- of Iran to abandon its uranium enrichment Section 1051(c) of the National Defense Au- assembly and Conversion Facility, Savannah program; thorization Act for Fiscal Year 2000 (Public River Site, Aiken, South Carolina’’. (E) to strongly support the ongoing United Law 106–65; 113 Stat. 763; 10 U.S.C. 2572 note) States diplomatic efforts in the context of is amended by inserting ‘‘, and during the pe- AMENDMENT NO. 1544, AS MODIFIED the six-party talks that seek the verifiable riod beginning on the date of the enactment (Purpose: To authorize, with an offset, an ad- and irreversible disarmament of North Ko- of the National Defense Authorization Act ditional $6,000,000 for Research, Develop- rea’s nuclear weapons programs and to use for Fiscal Year 2006 and ending on September ment, Test, and Evaluation, Navy, for re- all appropriate diplomatic means to achieve 30, 2010. search and development on Long Wave- this result; AMENDMENT NO. 1471 length Array low frequency radio astron- (F) to pursue designed to ad- omy instruments) (Purpose: To require a study on the deploy- dress the underlying regional security prob- ment times of members of the National At the end of subtitle B of title II, add the lems in Northeast Asia, South Asia, and the Guard and Reserves in the global war on following: Middle East, which would facilitate non-pro- terrorism) SEC. 213. LONG WAVELENGTH ARRAY LOW FRE- liferation and disarmament efforts in those QUENCY RADIO ASTRONOMY IN- regions; At the end of subtitle C of title V, add the STRUMENTS. following: (G) to accelerate programs to safeguard (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- and eliminate nuclear weapons-usable mate- SEC. 538. DEFENSE SCIENCE BOARD STUDY ON VELOPMENT, TEST, AND EVALUATION, NAVY.— rial to the highest standards to prevent ac- DEPLOYMENT OF MEMBERS OF THE The amount authorized to be appropriated cess by terrorists and governments; NATIONAL GUARD AND RESERVES IN THE GLOBAL WAR ON TERRORISM. by section 201(2) for research, development, (H) to halt the use of highly enriched ura- test, and evaluation for the Navy is hereby (a) STUDY REQUIRED.—The Defense Science nium in civilian reactors; Board shall conduct a study on the length increased by $6,000,000. (I) to strengthen national and inter- and frequency of the deployment of members (b) AVAILABILITY OF AMOUNT.— national export controls and relevant secu- of the National Guard and the Reserves as a (1) IN GENERAL.—Of the amount authorized rity measures as required by United Nations result of the global war on terrorism. to be appropriated by section 201(2) for re- Security Council Resolution 1540; search, development, test, and evaluation for (b) ELEMENTS.—The study required by sub- (J) to agree that no state may withdraw section (a) shall include the following: the Navy, as increased by subsection (a), from the Nuclear Non-Proliferation Treaty (1) An identification of the current range $6,000,000 may be available for research and and escape responsibility for prior violations of lengths and frequencies of deployments of development on Long Wavelength Array low of the Treaty or retain access to controlled members of the National Guard and the Re- frequency radio astronomy instruments. materials and equipment acquired for serves. (2) CONSTRUCTION WITH OTHER AMOUNTS.— ‘‘peaceful’’ purposes; (2) An assessment of the consequences for The amount available under paragraph (1) (K) to accelerate implementation of disar- force structure, morale, and mission capa- for the purpose set forth in that paragraph is mament obligations and commitments under bility of deployments of members of the Na- in addition to any other amounts available the Nuclear Non-Proliferation Treaty for the tional Guard and the Reserves in the course under this Act for that purpose. purpose of reducing the world’s stockpiles of of the global war on terrorism that are (c) OFFSET.—The amount authorized to be nuclear weapons and weapons-grade fissile lengthy, frequent, or both. appropriated by section 301(4) for operation material; and (3) An identification of the optimal length and maintenance for the Air Force is hereby (L) to strengthen and expand support for and frequency of deployments of members of reduced by $6,000,000. the Proliferation Security Initiative. the National Guard and the Reserves during AMENDMENT NO. 1550, AS MODIFIED AMENDMENT NO. 1438 the global war on terrorism. (Purpose: To improve national security (Purpose: To redesignate the Naval Reserve (4) An identification of mechanisms to re- through the establishment of a Civilian as the Navy Reserve) duce the length, frequency, or both of de- Linguist Reserve Corps Pilot Project with- ployments of members of the National Guard in the Department of Defense comprised of (The amendment is printed in the and the Reserves during the global war on citizens fluent in foreign languages who RECORD of July 22, 2005, under ‘‘Text of terrorism. would be available to provide translation Amendments.’’ (c) REPORT.—Not later than May 1, 2006, services and related duties, as needed) the Defense Science Board shall submit to AMENDMENT NO. 1444 On page 48, line 21, strike ‘‘$18,584,469,000’’ the congressional defense committees a re- and insert ‘‘$18,581,369,000’’. (Purpose: To ensure that any reimbursement port on the study required by subsection (a). for services is retained for fire protection The report shall include the results of the At the appropriate place, insert the fol- activity) study and such recommendations as the De- lowing: ll At the end of subtitle G of title X, add the fense Science Board considers appropriate in SEC. . PILOT PROJECT FOR CIVILIAN LIN- GUIST RESERVE CORPS. following: light of the study. (a) ESTABLISHMENT.—The Secretary of De- AMENDMENT NO. 1534 SEC. 1073. RETENTION OF REIMBURSEMENT FOR fense (referred to in this section as the ‘‘Sec- PROVISION OF RECIPROCAL FIRE (Purpose: To permit the Department of De- retary’’), through the National Security PROTECTION SERVICES. fense and other Federal agencies to enter Education Program, shall conduct a 3-year Section 5 of the Act of May 27, 1955 (chap- into reciprocal agreements with fire orga- pilot project to establish the Civilian Lin- ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- nizations for emergency medical services, guist Reserve Corps, which shall be com- ed— hazardous material containment, and posed of United States citizens with ad- (1) by striking ‘‘Funds’’ and inserting ‘‘(a) other emergency services) vanced levels of proficiency in foreign lan- Funds’’; and On page 286, between lines 7 and 8, insert guages who would be available, upon request (2) by adding at the end the following new the following: from the President, to perform any services subsection: SEC. 1073. EXPANSION OF EMERGENCY SERVICES or duties with respect to such foreign lan- ‘‘(b) Notwithstanding the provisions of sub- UNDER RECIPROCAL AGREEMENTS. guages in the Federal Government as the section (a), all sums received for any Depart- Subsection (b) of the first section of the President may require. ment of Defense activity for fire protection Act of May 27, 1955 (69 Stat. 66, chapter 105; (b) IMPLEMENTATION.—In establishing the rendered pursuant to this Act shall be cred- 42 U.S.C. 1856(b)) is amended by striking Civilian Linguist Reserve Corps, the Sec- ited to the appropriation fund or account ‘‘and fire fighting’’ and inserting ‘‘, fire retary, after reviewing the findings and rec- from which the expenses were paid. Amounts fighting, and emergency services, including ommendations contained in the report re- so credited shall be merged with funds in basic and advanced life support, hazardous quired under section 325 of the Intelligence such appropriation fund or account and shall material containment and confinement, and Authorization Act for Fiscal Year 2003 (Pub- be available for the same purposes and sub- special rescue events involving vehicular and lic Law 107–306; 116 Stat. 2393), shall— ject to the same limitations as the funds water mishaps, and trench, building, and (1) identify several foreign languages that with which the funds are merged.’’. confined space extractions’’. are critical for the national security of the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.023 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12591 United States and the relative priority of amount of such increase to be available for forces serving in the position of Associate each such language; research on and facilitation of technology Director of the Central Intelligence Agency (2) identify United States citizens with ad- for converting obsolete chemical munitions for Military Support, while serving in that vanced levels of proficiency in those foreign to fertilizer. position, shall be excluded from the limita- languages who would be available to perform (b) REDUCTION IN FUNDS AVAILABLE TO AIR tions in sections 525 and 526 of this title the services and duties referred to in sub- FORCE.—The amount authorized to be appro- while serving in such position. section (a); priated by section 301(4) for the Air Force is ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.— (3) cooperate with other Federal agencies hereby reduced by $1,000,000. Up to 5 general and flag officers of the armed with national security responsibilities to im- AMENDMENT NO. 1560, AS MODIFIED forces assigned to positions in the Office of the Director of National Intelligence des- plement a procedure for calling for the per- (Purpose: To increase by $1,500,000 the ignated by agreement between the Secretary formance of the services and duties referred amount authorized to be appropriated to of Defense and the Director of National In- to in subsection (a); and the Navy for research within the High- telligence shall be excluded from the limita- (4) implement a call for the performance of Brightness Electron Source program, and tions in sections 525 and 526 of this title such services and duties. to provide an offset) (c) CONTRACT AUTHORITY.—In establishing while serving in such positions.’’. On page 28, between lines 10 and 11, insert the Civilian Linguist Reserve Corps, the Sec- (b) CLERICAL AMENDMENT.—The table of the following: retary may enter into contracts with appro- sections at the beginning of chapter 32 of priate agencies or entities. SEC. 203. FUNDING FOR RESEARCH AND TECH- such title is amended by striking the item NOLOGY TRANSITION FOR HIGH- (d) FEASIBILITY STUDY.—During the course relating to section 528 and inserting the fol- BRIGHTNESS ELECTRON SOURCE lowing new item: of the pilot project, the Secretary shall con- PROGRAM. ‘‘528. Exclusion: officers serving in certain duct a study of the best practices in imple- (a) INCREASE IN FUNDS AVAILABLE TO NAVY intelligence positions.’’. menting the Civilian Linguist Reserve Corps, FOR RESEARCH, DEVELOPMENT, TEST, AND AMENDMENT NO 1885 including— EVALUATION.—The amount authorized to be . (1) administrative structure; appropriated by section 201(2) for research, (Purpose: To authorize the Secretary of the (2) languages to be offered; development, test, and evaluation for the Navy to provide for the welfare of Special (3) number of language specialists needed Navy maybe increased by $1,500,000. Category Residents at Naval Station Guan- for each language; (b) REDUCTION IN FUNDS AVAILABLE TO tanamo Bay, Cuba) (4) Federal agencies who may need lan- ARMY FOR PROCUREMENT, AMMUNITION.—The At the end of subtitle C of title III, add fol- guage services; amount authorized to be appropriated by lowing: (5) compensation and other operating section 301(4) for the Air Force is hereby re- SEC. 330. WELFARE OF SPECIAL CATEGORY RESI- costs; duced by $1,500,000. DENTS AT NAVAL STATION GUANTA- (6) certification standards and procedures; NAMO BAY, CUBA. AMENDMENT NO. 1562 (7) security clearances; (a) IN GENERAL.—The Secretary of the (8) skill maintenance and training; and (Purpose: To designate the annex to the E. Navy may provide for the general welfare, (9) the use of private contractors to supply Barrett Prettyman Federal Building and including subsistence, housing, and health language specialists. United States Courthouse located at 333 care, of any person at Naval Station Guanta- (e) REPORTS.— Constitution Avenue Northwest in the Dis- namo Bay, Cuba, who is designated by the (1) EVALUATION REPORTS.— trict of Columbia as the ‘‘William B. Bry- Secretary, not later than 90 days after the (A) IN GENERAL.—Not later than 1 year ant Annex’’) date of the enactment of this Act, as a so- after the date of enactment of this Act, and On page 371, between lines 8 and 9, insert called ‘‘special category resident’’. annually thereafter until the expiration of the following: (b) PROHIBITION ON CONSTRUCTION OF FA- the 3-year period beginning on such date of SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT CILITIES.—The authorization in subsection enactment, the Secretary shall submit to ANNEX. (a) shall not be construed as an authoriza- Congress an evaluation report on the pilot (a) DESIGNATION.—The annex to the E. Bar- tion for the construction of new housing fa- project conducted under this section. rett Prettyman Federal Building and United cilities or medical treatment facilities. (B) CONTENTS.—Each report required under States Courthouse located at 333 Constitu- (c) CONSTRUCTION OF PRIOR USE OF subparagraph (A) shall contain information tion Avenue Northwest in the District of Co- FUNDS.—The provisions of chapter 13 of title on the operation of the pilot project, the suc- lumbia shall be known and designated as the 31, United States Code, are hereby deemed cess of the pilot project in carrying out the ‘‘William B. Bryant Annex’’. not to have applied to the obligation or ex- objectives of the establishment of a Civilian (b) REFERENCES.—Any reference in a law, penditure of funds before the date of the en- Linguist Reserve Corps, and recommenda- map, regulation, document, paper, or other actment of this Act for the general welfare tions for the continuation or expansion of record of the United States to the annex re- of persons described in subsection (a). the pilot project. ferred to in subsection (a) shall be deemed to AMENDMENT NO. 2484 (2) FINAL REPORT.—Not later than 6 months be a reference to the ‘‘William B. Bryant (Purpose: To authorize, with an offset, an ad- after the completion of the pilot project, the Annex’’. ditional $1,000,000 for research, develop- Secretary shall submit to Congress a final AMENDMENT NO. 1567, AS MODIFIED ment, test, and evaluation for the Army report summarizing the lessons learned, best (Purpose: To modify the exclusion from offi- for Warhead/Grenade Scientific Based Man- practices, and recommendations for full im- cer distribution and strength limitations ufacturing Technology) plementation of the Civilian Linguist Re- of officers serving in intelligence commu- At the end of subtitle B of title II, add the serve Corps. nity positions) following: (f) AUTHORIZATION OF APPROPRIATIONS.— At the end of subtitle A of title V, add the SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED There are authorized to be appropriated following: MANUFACTURING TECHNOLOGY. $3,100,000 for fiscal year 2006 to carry out the (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- pilot project under this section. SEC. 509. APPLICABILITY OF OFFICER DISTRIBU- TION AND STRENGTH LIMITATIONS VELOPMENT, TEST, AND EVALUATION FOR THE (g) OFFSET.—The amounts authorized to be TO OFFICERS SERVING IN INTEL- ARMY.—The amount authorized to be appro- appropriated by section 301(4) are hereby re- LIGENCE COMMUNITY POSITIONS. priated by section 201(1) for research, devel- duced by $3,100,000 from operation and main- (a) IN GENERAL.—Section 528 of title 10, opment, test, and evaluation for the Army is tenance, Air Force. United States Code, is amended to read as hereby increased by $1,000,000. AMENDMENT NO. 1559, AS MODIFIED follows: (b) AVAILABILITY OF AMOUNT.—Of the amount authorized to be appropriated by (Purpose: To increase by $1,000,000 the ‘‘§ 528. Exclusion: officers serving in certain section 201(1) for research, development, test, amount authorized to be appropriated to intelligence positions the Army for research, development, test, and evaluation for the Army, as increased by ‘‘(a) EXCLUSION OF OFFICER SERVING IN CER- subsection (a), $1,000,000 may be available for and evaluation, to be available for research TAIN CIA POSITIONS.—When either of the in- on and facilitation of technology for con- Weapons and Ammunition Technology dividuals serving in a position specified in (PE#602624A) for Warhead/Grenade Scientific verting obsolete chemical munitions to subsection (b) is an officer of the armed fertilizer, and to provide an offset) Based Manufacturing Technology. forces, one of those officers, while serving in (c) OFFSET.—The amount authorized to be On page 28, between lines 10 and 11, insert such position, shall be excluded from the appropriated by section 301(4) for operation the following: limitations in sections 525 and 526 of this and maintenance, Air Force activities is SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- title while serving in such position. hereby reduced by $1,000,000. TRIBUTED GENERATION TECH- ‘‘(b) COVERED POSITIONS.—The positions re- AMENDMENT NO. 2485 NOLOGIES. ferred to in this subsection are the following: (a) INCREASE IN FUNDS AVAILABLE TO ARMY ‘‘(1) Director of the Central Intelligence (Purpose: To establish the National Foreign FOR RESEARCH, DEVELOPMENT, TEST, AND Agency. Language Coordination Council to develop EVALUATION.—The amount authorized to be ‘‘(2) Deputy Director of the Central Intel- and implement a foreign language strat- appropriated by section 201(1) for research, ligence Agency. egy) development, test, and evaluation for the ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILI- (The amendment is printed in today’s Army maybe increased by $1,000,000, with the TARY SUPPORT.—An officer of the armed Record under ‘‘Text of Amendments.’’)

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AMENDMENT NO. 2486 AMENDMENT NO. 2489 AMENDMENT NO. 2491 (Purpose: To provide, with an offset, an addi- (Purpose: To make available, with an offset, (Purpose: To delay until September 30, 2007, tional $16,000,000 for Operation and Mainte- $3,000,000 for Research, Development, Test, the limitation on the procurement by the nance, Army, for the Point of Mainte- and Evaluation, Air Force, for assurance Department of Defense of systems that are nance/Arsenal/Depot AIT Initiative) for the Field Programmable Gate Array) not equipped with the Global Positioning At the end of subtitle C of title III, add the System) following: At the end of subtitle B of title II, add the At the end of subtitle E of title II, add the following: SEC. 330. POINT OF MAINTENANCE/ARSENAL/ following: DEPOT AIT INITIATIVE. SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- (a) ADDITIONAL AMOUNT FOR OPERATION AND TATION ON PROCUREMENT OF SYS- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- MAINTENANCE, ARMY.—The amount author- TEMS NOT GPS-EQUIPPED. VELOPMENT, TEST, AND EVALUATION, AIR ized to be appropriated by section 301(1) for (a) DELAYED EFFECTIVE DATE.—Section FORCE.—The amount authorized to be appro- operation and maintenance for the Army is 152(b) of the National Defense Authorization priated by section 201(3) for research, devel- Act for Fiscal Year 1994 (Public Law 103–160; hereby increased by $10,000,000. opment, test, and evaluation for the Air (b) AVAILABILITY OF AMOUNT.—Of the 107 Stat. 1578), as amended by section 218(e) Force is hereby increased by $3,000,000. amount authorized to be appropriated by of the Strom Thurmond National Defense section 301(1) for operation and maintenance (b) AVAILABILITY OF AMOUNT.—Of the Authorization Act for Fiscal Year 1999 (Pub- for the Army, as increased by subsection (a), amount authorized to be appropriated by lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 $16,000,000 may be available for the Point of section 201(3) for research, development, test, note), is further amended by striking ‘‘2005’’ Maintenance/Arsenal/Depot AIT (AD–AIT) and evaluation for the Air Force, as in- and inserting ‘‘2007’’. (b) RATIFICATION OF ACTIONS.—Any obliga- Initiative. creased by subsection (a), $3,000,000 may be tion or expenditure of funds by the Depart- (c) OFFSET.—The amount authorized to be available for Space Technology (PE # ment of Defense during the period beginning appropriated by section 301(4) is hereby re- 0602601F) for research and development on on October 1, 2005, and ending on the date of duced by $10,000,000, with the amount of the the reliability of field programmable gate ar- the enactment of this Act to modify or pro- reduction to be derived from amounts au- rays for space applications, including design cure a Department of Defense aircraft, ship, thorized to be appropriated by that section of an assurance strategy, reference architec- armored vehicle, or indirect-fire weapon sys- for the Air Force. tures, research and development on reli- ability and radiation hardening, and out- tem that is not equipped with a Global Posi- AMENDMENT NO. 2487 reach to industry and localities to develop tioning System receiver is hereby ratified. (Purpose: To provide, with an offset, an addi- core competencies. AMENDMENT NO. 2492 tional $4,500,000 for Operation and Mainte- (Purpose: To make available, with an offset, nance, Army, for procurement of the RI- (c) OFFSET.—The amount authorized to be appropriated by section 301(4) is hereby re- additional amounts for defense basic re- 2200 and RI-2400 Long Arm High-Intensity search programs) Arc Metal Halide Handheld Searchlight) duced by $3,000,000. At the end of subtitle B of title II, add the At the end of subtitle C of title III, add the AMENDMENT NO. 2490 following: following: (Purpose: To provide for Department of De- SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. SEC. 330. LONG ARM HIGH-INTENSITY ARC fense support of certain Paralympic sport- (a) ARMY PROGRAMS.—(1) The amount au- METAL HALIDE HANDHELD SEARCH- ing events) thorized to be appropriated by section 201(1) LIGHT. for research, development, test, and evalua- (a) ADDITIONAL AMOUNT FOR OPERATION AND At the end of subtitle C of title III, add the tion for the Army is hereby increased by MAINTENANCE, ARMY.—The amount author- following: $10,000,000. ized to be appropriated by section 301(1) for SEC. ll. DEPARTMENT OF DEFENSE SUPPORT (2) Of the amount authorized to be appro- operation and maintenance for the Army is FOR CERTAIN PARALYMPIC SPORT- priated by section 201(1) for research, devel- hereby increased by $4,500,000. ING EVENTS. opment, test, and evaluation for the Army, (b) AVAILABILITY OF AMOUNT.—Of the as increased by paragraph (1), $10,000,000 may (a) PROVISION OF SUPPORT.—Subsection (c) amount authorized to be appropriated by be available for Program Element 0601103A section 301(1) for operation and maintenance of section 2564 of title 10, United States Code, is amended by adding at the end the fol- for University Research Initiatives. for the Army, as increased by subsection (a), (b) NAVY PROGRAMS.—(1) The amount au- lowing new paragraphs: $4,500,000 may be available for the Long Arm thorized to be appropriated by section 201(2) ‘‘(4) A sporting event sanctioned by the High-Intensity Arc Metal Halide Handheld for research, development, test, and evalua- United States Olympic Committee through Searchlight. tion for the Navy is hereby increased by the Paralympic Military Program. (c) OFFSET.—The amount authorized to be $5,000,000. appropriated by section 301(4) is hereby re- ‘‘(5) A national or international (2) Of the amount authorized to be appro- duced by $4,500,000, with the amount of the Paralympic sporting event (other than one priated by section 201(2) for research, devel- reduction to be derived from amounts au- covered by paragraph (3) or (4))— opment, test, and evaluation for the Navy, as thorized to be appropriated by that section ‘‘(A) which is— increased by paragraph (1), $5,000,000 may be for the Air Force. ‘‘(i) held in the United States or any of its available for Program Element 0601103N for territories or commonwealths; AMENDMENT NO. 2488 University Research Initiatives. ‘‘(ii) governed by the International (c) AIR FORCE PROGRAMS.—(1) The amount (Purpose: To support the acquisition of for- Paralympic Committee; and authorized to be appropriated by section eign language skills among participants in ‘‘(iii) sanctioned by the United States 201(3) for research, development, test, and the Reserve Officers’ Training Corps) Olympic Committee; and evaluation for the Air Force is hereby in- On page 92, after line 25, add the following: ‘‘(B) for which participation exceeds 100 creased by $10,000,000. SEC. 538. PROMOTION OF FOREIGN LANGUAGE amateur athletes.’’. (2) Of the amount authorized to be appro- SKILLS AMONG MEMBERS OF THE (b) FUNDING AND LIMITATIONS.—Such sec- priated by section 201(3) for research, devel- RESERVE OFFICERS’ TRAINING tion is further amended— opment, test, and evaluation for the Air CORPS. (1) by redesignating subsections (d), (e), Force, as increased by paragraph (1), (a) IN GENERAL.—The Secretary of Defense and (f) as subsections (e), (f), and (g), respec- $10,000,000 may be available for Program Ele- shall support the acquisition of foreign lan- tively; and ment 0601103F for University Research Ini- guage skills among cadets and midshipmen (2) by inserting after subsection (c) the fol- tiatives. in the Reserve Officers’ Training Corps, in- lowing new subsection: (d) DEFENSE-WIDE ACTIVITIES.—(1) The cluding through the development and imple- amount authorized to be appropriated by mentation of— ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN section 201(4) for research, development, test, (1) incentives for cadets and midshipmen to EVENTS.—(1) Funds to provide support for a and evaluation for Defense-wide activities is participate in study of a foreign language, sporting event described in paragraph (4) or hereby increased by $15,000,000. including special emphasis for Arabic, Chi- (5) of subsection (c) shall be derived from the (2) Of the amount authorized to be appro- nese, and other ‘‘strategic languages’’, as de- Support for International Sporting Competi- priated by section 201(4) for research, devel- fined by the Secretary of Defense in con- tions, Defense account established by section opment, test, and evaluation for Defense- sultation with other relevant agencies; and 5802 of Public Law 104–208 (110 Stat. 3009–522), wide activities, as increased by paragraph (2) a recruiting strategy to target foreign notwithstanding any limitation in such sec- (1)— language speakers, including members of tion relating to the availability of funds in (A) $10,000,000 may be available for Pro- heritage communities, to participate in the such account for support of international gram Element 0601120D8Z for the SMART Reserve Officers’ Training Corps. sporting competitions. National Defense Education Program; and (b) REPORT REQUIRED.—Not later than 180 ‘‘(2) The total amount that may be ex- (B) $5,000,000 may be available for Program days after the date of the enactment of this pended in any fiscal year to provide support Element 0601101E for the Defense Advanced Act, the Secretary shall submit to the con- for a sporting event described in paragraph Research Projects Agency University Re- gressional defense committees a report on (5) of subsection (c) may not exceed search Program in Computer Science and the actions taken to carry out this section. $1,000,000.’’. Cybersecurity.

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(e) OFFSETS.—(1) The amount authorized to service the person agrees to serve in an (3) An exemption of graduates of home be appropriated by section 301(c), Operation agreement described in subsection (b)(3), to schooling from the requirement for a sec- and Maintenance, Navy, is hereby reduced by serve satisfactorily in the Selected Reserve ondary school diploma or an equivalent $40,000,000. may, at the election of the Secretary con- (GED) as a precondition for enlistment in AMENDMENT NO. 2493 cerned, be required to pay the United States the Armed Forces. an amount equal to any amount of repay- (c) HOME SCHOOL GRADUATES.—In pre- (Purpose: To improve the provision relating ments made on behalf of the person in con- scribing the policy, the Secretary of Defense to clarification of authority of military nection with the agreement.’’. shall prescribe a single set of criteria to be legal assistance counsel) (b) CLERICAL AMENDMENT.—The table of utilized by the Armed Forces in determining On page 96, strike lines 19 and 20 and insert sections at the beginning of chapter 1609 of whether an individual is a graduate of home the following: such title is amended by adding at the end schooling. The Secretary concerned shall en- ‘‘(2) Military legal assistance may be pro- the following new item: sure compliance with education credential vided only by a judge advocate or a civilian ‘‘16303. Education loan repayment program: coding requirements. attorney who is a member of the bar of a chaplains serving in the Se- (d) SECRETARY CONCERNED DEFINED.—In Federal court or of the highest court of a lected Reserve.’’. this section, the term ‘‘Secretary concerned’’ State. AMENDMENT NO. 2495 has the meaning given such term in section ‘‘(3) In this subsection, the term ‘military 101(a)(9) of title 10, United States Code. legal assistance’ includes— (Purpose: To modify and improve the National Call to Service program) AMENDMENT NO. 2497 AMENDMENT NO. 2494 At the end of subtitle F of title V, add the (Purpose: To make available, with an offset, (Purpose: To provide an education loan re- following: $10,000,000 for Project Sheriff) payment program for chaplains in the Se- SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. lected Reserve) At the end of subtitle B of title II, add the (a) LIMITATION TO DOMESTIC NATIONAL following: At the end of subtitle E of title VI, add the SERVICE PROGRAMS.—Subsection (c)(3)(D) of SEC. 213. PROJECT SHERIFF. following: section 510 of title 10, United States Code, is (a) AVAILABILITY OF AMOUNT.—Of the amended by striking ‘‘in the Peace Corps, SEC. 653. EDUCATION LOAN REPAYMENT PRO- amount authorized to be appropriated by GRAM FOR CHAPLAINS IN THE SE- Americorps, or another national service pro- section 201(4) for research, development, test, LECTED RESERVE. gram’’ and inserting ‘‘in Americorps or an- and evaluation for Defense-wide activities, (a) IN GENERAL.—Chapter 1609 of title 10, other domestic national service program’’. the amount available for the Force Trans- United States Code, is amended by adding at (b) ADMINISTRATION OF EDUCATION INCEN- formation Directorate may be increased by the end the following new section: TIVES BY SECRETARY OF VETERANS AFFAIRS.— Paragraph (2) of subsection (h) of such sec- $10,000,000, with the amount of the increase ‘‘§ 16303. Education loan repayment program: to be available for Project Sheriff. chaplains serving in the Selected Reserve tion is amended to read as follows: ‘‘(2)(A) Educational assistance under para- (b) OFFSET.—Of the amount authorized to ‘‘(a) AUTHORITY TO REPAY EDUCATION graphs (3) or (4) of subsection (e) shall be pro- be appropriated by section 301(4) is hereby LOANS.—Under regulations prescribed by the vided through the Department of Veterans reduced by $10,000,000. Secretary of Defense and subject to the pro- Affairs under an agreement to be entered AMENDMENT NO. 2498 visions of this section, the Secretary con- into by the Secretary of Defense and the Sec- (Purpose: To make available, with an offset, cerned may, for purposes of maintaining ade- retary of Veterans Affairs. The agreements an additional $5,000,000 for Research, De- quate numbers of chaplains in the Selected shall include administrative procedures to velopment, Test, and Evaluation, Army, Reserve, repay a loan that— ensure the prompt and timely transfer of for Medium Tactical Vehicle Modifica- ‘‘(1) was used by a person described in sub- funds from the Secretary concerned to the tions) section (b) to finance education resulting in Secretary of Veterans Affairs for the making a Masters of Divinity degree; and of payments under this section. At the end of subtitle B of title II, add the ‘‘(2) was obtained from an accredited theo- ‘‘(B) Except as otherwise provided in this following: logical seminary as listed in the Association section, the provisions of sections 503, 511, SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- of Theological Schools (ATS) handbook. 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of TIONS. ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- title 38 and the provisions of subchapters I (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- vided in paragraph (2), a person described in and II of chapter 36 of such title (with the ex- VELOPMENT, TEST, AND EVALUATION, ARMY.— this subsection is a person who— ception of sections 3686(a), 3687, and 3692) The amount authorized to be appropriated ‘‘(A) satisfies the requirements specified in shall be applicable to the provision of edu- by section 201(1) for Research, Development, subsection (c); cational assistance under this chapter. The Test, and Evaluation for the Army, is hereby ‘‘(B) holds, or is fully qualified for, an ap- term ‘eligible veteran’ and the term ‘person’, increased by $5,000,000. pointment as a chaplain in a reserve compo- as used in those provisions, shall be deemed (b) AVAILABILITY OF AMOUNT.—Of the nent of an armed force; and for the purpose of the application of those amount authorized to be appropriated by ‘‘(C) signs a written agreement to serve not provisions to this section to refer to a person section 201(1) for Research, Development, less than three years in the Selected Re- eligible for educational assistance under Test, and Evaluation for the Army, as in- serve. paragraph (3) or (4) of subsection (e).’’. creased by subsection (a), $5,000,000 may be ‘‘(2) A person accessioned into the Chaplain AMENDMENT NO. 2496 available for Medium Tactical Vehicle Modi- Candidate Program is not eligible for the re- (Purpose: To provide for the policy of the De- fications. payment of loans under subsection (a). partment of Defense on the recruitment (c) OFFSET.—The amount authorized to be ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- and enlistment of home schooled individ- appropriated by section 301(4) for Operation MENTS.—The requirements specified in this uals in the Armed Forces) and Maintenance for the Air Force is hereby reduced by $5,000,000. subsection are such requirements for At the end of subtitle B of title V, add the accessioning and commissioning of chaplains following: AMENDMENT NO. 2499 TO AMENDMENT NO. 1396 as are prescribed by the Secretary concerned SEC. 522. RECRUITMENT AND ENLISTMENT OF (Purpose: To make a technical correction) in regulations. HOME SCHOOLED STUDENTS IN THE On page 2, line 16, strike ‘‘$3,008,982,000’’ and ‘‘(d) LOAN REPAYMENT.—(1) Subject to ARMED FORCES. insert ‘‘$3,108,982,000’’. paragraph (2), the repayment of a loan under (a) POLICY ON RECRUITMENT AND ENLIST- AMENDMENT NO. 2500 this section may consist of payment of the MENT.— principal, interest, and related expenses of (1) POLICY REQUIRED.—The Secretary of De- (Purpose: To extend by one year the date of such loan. fense shall prescribe a policy on the recruit- the final report of the advisory panel on ‘‘(2) The amount of any repayment of a ment and enlistment of home schooled stu- laws and regulations on acquisition prac- loan made under this section on behalf of a dents in the Armed Forces. tices and to require an interim report) person may not exceed $20,000 for each three (2) UNIFORMITY ACROSS THE ARMED At the end of subtitle E of title VIII, add year period of obligated service that the per- FORCES.—The Secretary shall ensure that the the following: son agrees to serve in an agreement de- policy prescribed under paragraph (1) ap- SEC. 846. REPORTS OF ADVISORY PANEL ON scribed in subsection (b)(3). Of such amount, plies, to the extent practicable, uniformly LAWS AND REGULATIONS ON ACQUI- not more than an amount equal to 50 percent across the Armed Forces. SITION PRACTICES. of such amount may be paid before the com- (b) ELEMENTS.—The policy under sub- (a) EXTENSION OF FINAL REPORT.—Section pletion by the person of the first year of obli- section (a) shall include the following: 1423(d) of the Services Acquisition Reform gated service pursuant to such agreement. (1) An identification of a graduate of home Act of 2003 (title XIV of Public Law 108–136; The balance of such amount shall be payable schooling for purposes of recruitment and 117 Stat. 1669; 41 U.S.C. 405 note) is amended at such time or times as are prescribed by enlistment in the Armed Forces that is in by striking ‘‘one year’’ and inserting ‘‘two the Secretary concerned in regulations. accordance with the requirements described years’’. ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- in subsection (c). (b) REQUIREMENT FOR INTERIM REPORT.— GATION.—A person on behalf of whom repay- (2) Provision for the treatment of grad- That section is further amended— ment of a loan is made under this section uates of home schooling with no practical (1) by inserting ‘‘(1)’’ before ‘‘Not later who fails, during the period of obligated limit with regard to enlistment eligibility. than’’; and

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(2) by adding at the end the following new Standards of Professional Appraisal Prac- (B) CONDITION.—Any expenditure of funds paragraph: tice. under this paragraph shall be made jointly ‘‘(2) Not later than one year after the date (3) MAP.—The term ‘‘map’’ means the map by the Trustees. of the establishment of the panel, the panel entitled ‘‘Rocky Flats National Wildlife Ref- (C) ADDITIONAL FUNDS.—The Trustees may shall submit to the official and committees uge’’, dated July 25, 2005, and available for use the funds received under paragraph (4) in referred to in paragraph (1) an interim report inspection in appropriate offices of the conjunction with other private and public on the matters set forth in that paragraph.’’. United States Fish and Wildlife Service and funds. AMENDMENT NO. 2501 the Department of Energy. (6) EXEMPTION FROM NATIONAL ENVIRON- (4) NATURAL RESOURCE DAMAGE LIABILITY MENTAL POLICY ACT.—Any purchases of min- At the appropriate place, insert the fol- CLAIM.—The term ‘‘natural resource damage eral rights under this subsection shall be ex- lowing: liability claim’’ means a natural resource empt from the National Environmental Pol- (a) FINDINGS.— damage liability claim under subsections icy Act of 1969 (42 U.S.C. 4321 et seq.). (1) According to the Department of State, (a)(4)(C) and (f) of section 107 of the Com- (7) ROCKY FLATS NATIONAL WILDLIFE REF- drug trafficking organizations shipped ap- prehensive Environmental Response, Com- UGE.— proximately nine tons of cocaine to the pensation, and Liability Act of 1980 (42 (A) TRANSFER OF MANAGEMENT RESPON- United States through the Dominican Re- U.S.C. 9607) arising from hazardous sub- SIBILITIES.—The Rocky Flats National Wild- public in 2004, and are increasingly using stances releases at or from Rocky Flats that, life Refuge Act of 2001 (16 U.S.C. 668dd note; small, high-speed watercraft. as of the date of enactment of this Act, are Public Law 107–107) is amended— (2) Drug traffickers use the Caribbean cor- identified in the administrative record for (i) in section 3175— ridor to smuggle narcotics to the United Rocky Flats required by the National Oil (I) by striking subsections (b) and (f); and States via Puerto Rico and the Dominican and Hazardous Substances Pollution Contin- (II) by redesignating subsections (c), (d), Republic. This route is ideal for drug traf- gency Plan prepared under section 105 of and (e) as subsections (b), (c), and (d), respec- ficking because of its geographic expanse, that Act (42 U.S.C. 9605). tively; and numerous law enforcement jurisdictions and (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ (ii) in section 3176(a)(1), by striking ‘‘sec- fragmented investigative efforts. means the Department of Energy facility in tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. (3) The tethered aerostat system in Lajas, the State of Colorado known as the ‘‘Rocky (B) BOUNDARIES.—Section 3177 of the Puerto Rico contributes to deterring and de- Flats Environmental Technology Site’’. Rocky Flats National Wildlife Refuge Act of tecting smugglers moving illicit drugs into (6) SECRETARY.—The term ‘‘Secretary’’ 2001 (16 U.S.C. 668dd note; Public Law 107–107) Puerto Rico. The aerostat’s range and oper- means the Secretary of Energy. is amended by striking subsection (c) and in- ational capabilities allow it to provide sur- (7) TRUSTEES.—The term ‘‘Trustees’’ means serting the following: veillance coverage of the eastern Caribbean the Federal and State officials designated as ‘‘(c) COMPOSITION.— corridor and the strategic waterway between trustees under section 107(f)(2) of the Com- ‘‘(1) IN GENERAL.—Except as provided in Puerto Rico and the Dominican Republic, prehensive Environmental Response, Com- paragraph (2), the refuge shall consist of land known as the Mona Passage. pensation, and Liability Act of 1980 (42 within the boundaries of Rocky Flats, as de- (4) Including maritime radar on the Lajas U.S.C. 9607(f)(2)). picted on the map— aerostat will expand its ability to detect sus- (b) PURCHASE OF ESSENTIAL MINERAL ‘‘(A) entitled ‘Rocky Flats National Wild- picious vessels in the eastern Caribbean cor- RIGHTS.— life Refuge’; ridor. (1) IN GENERAL.—Not later than 1 year after ‘‘(B) dated July 25, 2005; and (b) SENSE OF THE SENATE.—Given the above the date of enactment of this Act, such ‘‘(C) available for inspection in the appro- findings, it is the Sense of the Senate that— amounts authorized to be appropriated under priate offices of the United States Fish and (1) Congress and the Department of De- subsection (c) shall be available to the Sec- Wildlife Service and the Department of En- fense fully fund the Counter-Drug Tethered retary to purchase essential mineral rights ergy. Aerostat program. at Rocky Flats. ‘‘(2) EXCLUSIONS.—The refuge does not in- (2) Department of Defense install maritime (2) CONDITIONS.—The Secretary shall not clude— radar on the Lajas, Puerto Rico aerostat. purchase an essential mineral right under ‘‘(A) any land retained by the Department AMENDMENT NO. 2502 paragraph (1) unless— of Energy for response actions under section (Purpose: To modify the designation of fa- (A) the owner of the essential mineral 3175(c); cilities and resources constituting the right is a willing seller; and ‘‘(B) any land depicted on the map de- Major Range and Test Facility Base) (B) the Secretary purchases the essential scribed in paragraph (1) that is subject to 1 At the end of subtitle E of title II, add the mineral right for an amount that does not or more essential mineral rights described in exceed fair market value. following: section 3114(a) of the National Defense Au- (3) LIMITATION.—Only those funds author- thorization Act for Fiscal Year 2006 over SEC. 244. DESIGNATION OF FACILITIES AND RE- ized to be appropriated under subsection (c) SOURCES CONSTITUTING THE which the Secretary shall retain jurisdiction MAJOR RANGE AND TEST FACILITY shall be available for the Secretary to pur- of the surface estate until the essential min- BASE. chase essential mineral rights under para- eral rights— (a) DEPARTMENT OF DEFENSE TEST RE- graph (1). ‘‘(i) are purchased under subsection (b) of SOURCE MANAGEMENT CENTER.—Section (4) RELEASE FROM LIABILITY.—Notwith- that Act; or 196(h) of title 10, United States Code, is standing any other law, any natural resource ‘‘(ii) are mined and reclaimed by the min- amended by striking ‘‘Director of Oper- damage liability claim shall be considered to eral rights holders in accordance with re- ational Test and Evaluation’’ and inserting be satisfied by— quirements established by the State of Colo- ‘‘Secretary of Defense’’. (A) the purchase by the Secretary of essen- rado; and (b) INSTITUTIONAL FUNDING OF TEST AND tial mineral rights under paragraph (1) for ‘‘(C) the land depicted on the map de- EVALUATION ACTIVITIES.—Section 232(b)(1) of consideration in an amount equal to scribed in paragraph (1) on which essential the Bob Stump National Defense Authoriza- $10,000,000; mineral rights are being actively mined as of tion Act for Fiscal Year 2003 (Public Law (B) the payment by the Secretary to the the date of enactment of the National De- 107–314; 116 Stat. 2490) is amended by striking Trustees of $10,000,000; or fense Authorization Act for Fiscal Year 2006 ‘‘Director of Operational Test and Evalua- (C) the purchase by the Secretary of any until— tion’’ and inserting ‘‘Secretary of Defense’’. portion of the mineral rights under para- ‘‘(i) the essential mineral rights are pur- graph (1) for— AMENDMENT NO. 2503 chased; or (i) consideration in an amount less than ‘‘(ii) the surface estate is reclaimed by the (Purpose: To authorize the Secretary of En- $10,000,000; and mineral rights holder in accordance with re- ergy to purchase certain essential mineral (ii) a payment by the Secretary to the quirements established by the State of Colo- rights and resolve natural resource damage Trustees of an amount equal to the dif- rado. liability claims) ference between— ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— On page 378, between lines 10 and 11, insert (I) $10,000,000; and Notwithstanding paragraph (2), upon the the following: (II) the amount paid under clause (i). purchase of the mineral rights or reclama- SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- (5) USE OF FUNDS.— tion of the land depicted on the map de- NOLOGY SITE. (A) IN GENERAL.—Any amounts received scribed in paragraph (1), the Secretary (a) DEFINITIONS.—In this section: under paragraph (4) shall be used by the shall— (1) ESSENTIAL MINERAL RIGHT.—The term Trustees for the purposes described in sec- ‘‘(A) transfer the land to the Secretary of ‘‘essential mineral right’’ means a right to tion 107(f)(1) of the Comprehensive Environ- the Interior for inclusion in the refuge; and mine sand and gravel at Rocky Flats, as de- mental Response, Compensation, and Liabil- ‘‘(B) the Secretary of the Interior shall— picted on the map. ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- ‘‘(i) accept the transfer of the land; and (2) FAIR MARKET VALUE.—The term ‘‘fair ing— ‘‘(ii) manage the land as part of the ref- market value’’ means the value of an essen- (i) the purchase of additional mineral uge.’’. tial mineral right, as determined by an ap- rights at Rocky Flats; and (c) FUNDING.—Of the amounts authorized praisal performed by an independent, cer- (ii) the development of habitat restoration to be appropriated to the Secretary for the tified mineral appraiser under the Uniform projects at Rocky Flats. Rocky Flats Environmental Technology Site

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.028 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12595 for fiscal year 2006, $10,000,000 may be made include, but not be limited to, areas relating weapons that will help our troops pre- available to the Secretary for the purposes to the following: vail in ground combat. More needs to described in subsection (b). (1) Aeronautics research. be done to apply the technology that AMENDMENT NO. 2504 (2) Facilities, personnel, and support infra- allows our military to dominate the air (Purpose: To authorize, with an offset, an ad- structure. (3) Propulsion and power technologies. and the seas to build a new generation ditional $4,000,000 for research, develop- of weapons that will allow our troops ment, test, and evaluation for the Air (4) Space access and operations. Mr. WARNER. Mr. President, I ask to dominate the ground. One such tech- Force for Aging Military Aircraft Fleet nology that deserves investigation is Support) unanimous consent that time until 11:30 a.m. tomorrow be equally divided the SPIKE missile system currently At the end of subtitle B of title II, add the being developed by the Navy. The following: in the usual form, and that at 11:30 the SPIKE missile is designed to be a low- SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- Senate proceed to a vote in relation to PORT. the Dorgan amendment No. 2476, to be cost, lightweight, precision-guided (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- followed by a vote in relation to the rocket that would allow our troops to VELOPMENT, TEST, AND EVALUATION FOR THE Talent amendment No. 2477, with no accurately engage enemies at great AIR FORCE.—The amount authorized to be second degrees in order to those range. If this technology is successful, appropriated by section 201(3) for research, amendments prior to the votes; fur- it could provide our ground troops with development, test, and evaluation for the Air the same sort of revolutionary advan- Force is hereby increased by $4,000,000. ther, that there be 3 minutes equally divided between the votes. tage that precision-guided munitions (b) AVAILABILITY OF AMOUNT.—Of the provided to our advanced aircraft a amount authorized to be appropriated by Mr. LEVIN. No objection. section 201(3) for research, development, test, The PRESIDING OFFICER. Without decade ago. and evaluation for the Air Force, as in- objection, it is so ordered. There are also emerging opportuni- creased by subsection (a), $4,000,000 may be Mr. BYRD. Mr. President, the Senate ties for the use of unmanned aerial ve- available for Program Element #63112F for will soon vote to approve the fiscal hicles to support the warfighter on the Aging Military Aircraft Fleet Support. year 2006 Defense authorization bill. ground. While important UAVs like (c) OFFSET.—The amount authorized to be The passage of this legislation is im- Global Hawk provide intelligence appropriated by section 301(4) for operation portant to all Americans who are now about what is going on in large sec- and maintenance for Air Force activities is tions of a country, our ground troops hereby reduced by $4,000,000. serving in the U.S. Armed Forces, but especially to those who are serving in often need to know what is happening AMENDMENT NO. 2505 harm’s way. on the other side of a hill. Smaller (Purpose: To make United States nationals Our troops in Iraq and Afghanistan UAVs can provide our troops with a de- eligible for appointment to the Senior Re- cisive advantage in urban environ- serve Officers’ Training Corps) require all the support that our Nation ments. Important projects like At the end of subtitle C of title V, add the can give them until the day that they following: can return to their homes. Our mili- SWARM, being developed by Augusta Systems in Morgantown, are exploring SEC. 537. ELIGIBILITY OF UNITED STATES NA- tary prides itself in being the most ca- TIONALS FOR APPOINTMENT TO THE pable and the best trained fighting ways to allow small UAVs to work to- SENIOR RESERVE OFFICERS’ TRAIN- force in the entire world. The Constitu- gether to seek out our enemies on the ING CORPS. tion places in Congress the responsi- battlefield, eliminating the chance (a) IN GENERAL.—Section 2107(b)(1) of title bility to ‘‘raise and support armies’’ that our troops could be taken by sur- 10, United States Code, is amended by insert- prise. The next step is to use small ing ‘‘or national’’ after ‘‘citizen’’. and to ‘‘provide and maintain a navy.’’ (b) ARMY RESERVE OFFICERS TRAINING PRO- It is therefore of the greatest impor- UAVs as ways to strike first, before our GRAMS.—Section 2107a(b)(1) of such title is tance that Congress provide our troops ground troops come into the range of amended by inserting ‘‘or national’’ after with the equipment that they need for our enemy’s weapons. Our military is ‘‘citizen’’. their dangerous missions. only beginning to tap the growing po- (c) ELIGIBILITY FOR APPOINTMENT AS COM- The wars that continue in Iraq and tential of UAV technology to support MISSIONED OFFICERS.—Section 532(f) of such Afghanistan are unlike the conflicts our troops on the ground. title is amended by inserting ‘‘, or for a that the United States has fought in The Department of Defense is cur- United States national otherwise eligible for rently engaged in the Quadrennial De- appointment as a cadet or midshipman under the past two decades. In the first Per- section 2107(a) of this title or as a cadet sian Gulf War or Kosovo, our military fense Review, a top-to-bottom study of under section 2107a of this title,’’ after ‘‘for depended on high-tech aircraft and our military strategy, posture, and permanent residence’’. smart bombs to quickly overwhelm our equipment that will guide this Nation’s AMENDMENT NO. 2506 enemies. Today, in Iraq, our awesome defense research and development and (Purpose: To require a report on cooperation airpower is of limited use. The wars in procurement policies for the next 4 between the Department of Defense and Iraq and Afghanistan are, by and large, years. With this review underway, it is the National Aeronautics and Space Ad- the wars of the soldier and the marine. an ideal opportunity to place a new ministration on research, development, These are the wars of the foot soldier, emphasis on bringing cutting-edge test, and evaluation activities) carried out in the hostile streets of for- technology to our troops on the ground At the end of subtitle E of title II, add the eign cities. These troops do not enjoy in Iraq and Afghanistan. I urge the following: the near-invulnerability of stealth air- Secretary of Defense, the Chairman of SEC. 244. REPORT ON COOPERATION BETWEEN craft or cruise missiles. Our troops do the Joint Chiefs of Staff, and the other THE DEPARTMENT OF DEFENSE AND Pentagon officials who are carrying THE NATIONAL AERONAUTICS AND not see the enemy as a blip on a radar SPACE ADMINISTRATION ON RE- screen, because often the enemy is seen out this study to broaden their view of SEARCH, DEVELOPMENT, TEST, AND eye to eye. what our troops require. EVALUATION ACTIVITIES. With this being the reality of urban The QDR should propose new tech- (a) REPORT REQUIRED.—Not later than 180 warfare, there must be a new focus on nologies to protect our troops from the days after the date of the enactment of this providing our ground troops with the threats that they face in combat, and Act, the Secretary of Defense and the Ad- it should also accelerate the develop- ministrator of the National Aeronautics and equipment that they need to fight and Space Administration shall jointly submit to survive in the urban combat environ- ment of new weapons systems that Congress a report setting forth the rec- ment. The Defense authorization bill allow our soldiers to dominate the bat- ommendations of the Secretary and the Ad- reported by the Armed Services Com- tlefield in urban environments. The De- ministrator regarding cooperative activities mittee makes steps in this direction. It partment of Defense should place these between the Department of Defense and the authorizes $1.4 billion in spending to efforts on the top of its priorities: we National Aeronautics and Space Administra- protect our troops serving overseas. should not wait for the next war to tion related to research, development, test, This figure includes $500 million to de- give our troops the advantage of new, and evaluation on areas of mutual interest high-tech weapons. Instead, the Pen- to the Department and the Administration. tect and destroy roadside bombs, $344 (b) AREAS COVERED.—The areas of mutual million for up-armored HMMWVs, and tagon and Congress should make every interest to the Department of Defense and $118 million for body armor. effort to arm our troops with the next the National Aeronautics and Space Admin- But more must be done to provide generation of technology, today. For so istration referred to in subsection (a) may our troops with the next generation of long as our troops are serving in

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.030 S09NOPT1 S12596 CONGRESSIONAL RECORD — SENATE November 9, 2005 harm’s way, we must give them not and veterans service organizations that part of the larger transition program. only the armor and protection, but also our men and women in uniform do not GAO released its study ‘‘Military and the weapons, that they need to ensure all have access to the same transition Veterans’ Benefits: Enhanced Services that they will come home safely. counseling and medical services as Could Improve Transition Assistance Mr. FEINGOLD. Mr. President, last they are demobilizing from service in for Reserves and National Guard’’ in night the Senate passed an amendment Iraq, Afghanistan, and elsewhere. I May 2005, and it plans to release its that I offered to this bill that rep- have long been concerned about reports study on health assessments in the resents another step toward enhancing of uneven provision of services from near future. and strengthening transition services base to base and from service to serv- In July of this year, GAO provided that are provided to our military per- ice. All of our men and women in uni- testimony on its transition services re- sonnel and builds upon an amendment form have pledged to serve our coun- port to the House Committee on Vet- that I offered to this bill last year. I try, and all of them, at the very least, erans Affairs Subcommittee on Eco- want to thank the chairman and the deserve to have access to the same nomic Opportunity. That hearing could ranking member of the Armed Services services in return. not have been more timely. We owe it Committee for working with me to ac- I am pleased that the VETS Act is to our men and women in uniform to cept this amendment. supported by a wide range of groups improve transition programs now as we As the Senate conducts its business that are dedicated to serving our men continue to welcome home thousands today, thousands of our brave men and and women in uniform and veterans of military personnel who are serving women in uniform are in harm’s way in and their families. These groups in- our country in Iraq, Afghanistan, and Iraq, Afghanistan, and elsewhere clude: the American Legion; the En- elsewhere. I commend the Departments around the globe. These men and listed Association of the National of Defense, Veterans Affairs, and Labor women serve with distinction and Guard of the United States; the Na- for the steps they have taken thus far honor, and we owe them our heartfelt tional Coalition for Homeless Veterans; to improve these important programs. gratitude. the Paralyzed Veterans of America; the We should not miss an opportunity to We also owe them our best effort to Reserve Officers Association; the Vet- help the men and women who are cur- ensure that they receive the benefits to erans of Foreign Wars; the Wisconsin rently serving our country, and I am which their service in our Armed Department of Veterans Affairs; the pleased that the chairman and the Forces has entitled them. I have heard Wisconsin National Guard; the Amer- ranking member agreed to accept a time and again from military per- ican Legion, Department of Wisconsin; number of provisions from my legisla- sonnel and veterans who are frustrated Disabled American Veterans, Depart- tion as an amendment to the fiscal with the system by which they apply ment of Wisconsin; the Wisconsin Para- year 2006 Defense authorization bill. for benefits or appeal claims for bene- lyzed Veterans of America; the Vet- Under current law, the Department fits. I have long been concerned that erans of Foreign Wars, Department of of Defense, together with the Depart- tens of thousands of our veterans are Wisconsin; and the Wisconsin State ments of Veterans Affairs, VA, and unaware of Federal health care and Council, Vietnam Veterans of America. Labor, provide preseparation coun- other benefits for which they may be I introduced similar legislation dur- seling for military personnel who are eligible, and I have undertaken numer- ing the 108th Congress, and I am preparing to leave the Armed Forces ous legislative and oversight efforts to pleased that a provision that I au- through the Transition Assistance Pro- ensure that the Department of Vet- thored which was based on that bill gram/Disabled Transition Assistance erans Affairs makes outreach to our was enacted as part of the fiscal year Program, TAP/DTAP. This counseling veterans and their families a priority. 2005 Defense authorization bill. provides servicemembers with valuable While we should do more to support In response to concerns I have heard information about benefits that they our veterans, we must also ensure that from a number of my constituents, my have earned through their service to the men and women who are currently amendment, in part, directed the Sec- our country such as education benefits serving in our Armed Forces receive retaries of Defense and Labor to jointly through the GI Bill and health care and adequate pay and benefits, as well as explore ways in which DoD training other benefits through the VA. Per- services that help them to make the and certification standards could be co- sonnel also learn about programs such transition from active duty to civilian ordinated with Government and pri- as Troops to Teachers and have access life. I am concerned that we are not vate sector training and certification to employment assistance for them- doing enough to support our men and standards for corresponding civilian oc- selves and, where appropriate, their women in uniform as they prepare to cupations. The Secretaries of Defense spouses. retire or otherwise separate from the and Labor submitted their report, My amendment would ensure that service or, in the case of members of ‘‘Study on Coordination of Job Train- National Guard and Reserve personnel our National Guard and Reserve, to de- ing Standards with Certification who are on active duty for at least 180 mobilize from active-duty assignments Standards for Military Occupational days are able to participate in this im- and return to their civilian lives while Specialties,’’ in September of this year. portant counseling prior to being de- staying in the military or preparing to It is my hope that this report will mobilized. In its recent report on tran- separate from the military. We must serve as a useful tool as the Depart- sition services, GAO found that ensure that their service and sacrifice, ments seek to help military personnel ‘‘[d]uring their rapid demobilization, which is much lauded during times of who wish to pursue civilian employ- the Reserve and National Guard mem- conflict, is not forgotten once the bat- ment related to their military special- bers may not receive all the informa- tles have ended and our troops have ties to make the transition from the tion on possible benefits to which they come home. military to comparable civilian jobs. are entitled. Notably, certain edu- Earlier this year I introduced legisla- In addition, this amendment required cation benefits and medical coverage tion, the Veterans Enhanced Transi- the Government Accountability Office, require servicemembers to apply while tion Services Act, VETS Act, which GAO, to undertake a comprehensive they are still on active duty. However, would help to ensure that all military analysis of existing transition services even after being briefed, some Reserve personnel have access to the same for our military personnel that are ad- and National Guard members were not transition services as they prepare to ministered by the Departments of De- aware of the timeframes within which leave the military to reenter civilian fense, Veterans Affairs, and Labor, and the needed to act to secure certain ben- life, or, in the case of members of the to make recommendations to Congress efits before returning home. In addi- National Guard and Reserve, as they on how these programs can be im- tion, most members of the Reserves prepare to demobilize from active-duty proved. My amendment required GAO and National Guard did not have the assignments and return to their civil- to focus on two issues: how to achieve opportunity to attend an employment ian lives and jobs or education while the uniform provision of appropriate workshop during demobilization.’’ remaining in the military. transition services to all military per- In response to these findings, GAO I have heard from a number of Wis- sonnel, and the role of post-deployment recommended that ‘‘DoD, in conjunc- consinites and members of military and predischarge health assessments as tion with DoL and the VA, determine

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.031 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12597 what demobilizing Reserve and Na- ical problems that have become known a triggering event that is experienced tional Guard members need to make a as gulf war illness. Military personnel on a current deployment. The same is smooth transition and explore options who are currently deployed to the Per- true for full-time military personnel to enhance their participation in sian Gulf region face many of the same who have served in a variety of places TAP.’’ GAO also recommended that conditions that existed in the early over their careers. I am pleased that ‘‘VA take steps to determine the level 1990s. I have repeatedly pressed the De- the Senate has already accepted an of participation in DTAP to ensure partments of Defense and Veterans Af- amendment offered by the Senator those who may have especially com- fairs to work to unlock the mystery of from Louisiana, Ms. LANDRIEU, that plex needs are being served.’’ this illness and to study the role that will require that personnel receive In addition to ensuring that all dis- exposure to depleted uranium may play mental health screenings prior to de- charging and demobilizing military in this condition. We owe it to these ployment into a combat zone, not later personnel are able to participate in personnel to find these answers, and to than 30 days after return from such a TAP/DTAP, we should take steps to ensure that those who are currently deployment, and not later than 120 improve the uniformity of services pro- serving in the Persian Gulf region are days after return from such a deploy- vided to personnel by ensuring that adequately protected from the many ment. consistent transition briefings occur possible causes of gulf war illness. We can and should do more to ensure across the services and at all demobili- Part of the process of protecting the that the mental health of our men and zation/discharge locations. In its re- health of our men and women in uni- women in uniform is a top priority, and port, GAO noted that ‘‘[t]he delivery of form is to ensure that the Department that the stigma that is too often at- TAP may vary in terms of the amount of Defense carries out its responsibility tached to seeking assistance is ended. of personal attention participants re- to provide post-deployment physicals One step in this process is to ensure ceive, the length of the components, for military personnel. I am deeply that personnel who have symptoms of and the instructional methods used.’’ concerned about stories of personnel PTSD and related illnesses have access We should make every effort to ensure who are experiencing long delays as to appropriate clinical services, that those who have put themselves in they wait for their post-deployment through DoD, the VA, or a private sec- harm’s way on our behalf have access physicals and who end up choosing not tor health care provider. To that end, to the same transition services no mat- to have these important physicals in my amendment would require that the ter their discharge/demobilization loca- order to get home to their families health care professionals who are as- tion or the branch of the Armed Forces that much sooner. I am equally con- sessing demobilizing military per- in which they serve. I look forward to cerned about reports that some per- sonnel provide all personnel who may reviewing the Department’s progress sonnel who did not receive such a phys- need followup care for a physical or on GAO’s recommendations in this ical—either by their own choice or be- psychological condition with informa- area. cause such a physical was not avail- tion on appropriate resources through In order to improve the breadth of in- able—are now having trouble as they DoD or the VA and in the private sec- formation provided to Members during apply for benefits for a service-con- tor that these personnel may use to ac- TAP/DTAP, my amendment would re- nected condition. cess additional followup care if they so quire preseparation counseling pro- I firmly believe, as do the military choose. grams to include the provision of infor- and veterans groups that support my I commend the Assistant Secretary mation regarding certification and li- bill, that our men and women in uni- of Defense for Health Affairs for censing requirements in civilian occu- form are entitled to a prompt, high issuing in March 2005 a memorandum pations and information on identifying quality physical examination as part of to the Assistant Secretaries for the military occupations that have civilian the demobilization process. These indi- Army, Navy, and Air Force directing counterparts, information concerning viduals have voluntarily put them- them to extend the Pentagon’s current veterans small business ownership and selves into harm’s way for our benefit. post-deployment health assessment entrepreneurship programs offered by We should ensure that the Department process to include a reassessment of the Federal Government, information of Defense makes every effort to deter- ‘‘global health with a specific emphasis concerning employment and reemploy- mine whether they have experienced, on mental health’’ to occur 3 to 6 ment rights and veterans preference in or could experience, any health effects months post-deployment. At a hearing Federal employment and Federal pro- as a result of their service. Thus I am of the Senate Armed Services Commit- curement opportunities, information pleased that the fiscal year 2005 defense tee’s Personnel Subcommittee earlier concerning housing counseling assist- authorization bill included a provision this year, the Assistant Secretary stat- ance, and a description of the health to tighten the requirement for a pre- ed that the services were in the process care and other benefits to which the discharge/post-demobilization health of implementing a program that would member may be entitled through the assessment. include a ‘‘screening procedure with a Department of Veterans Affairs. It is vitally important that these as- questionnaire and a face-to-face inter- In addition to the uneven provision sessments include a mental health action at about three months’’ post-de- of transition services, I have long been component. Our men and women in ployment. He also noted that the idea concerned about the immediate and uniform serve in difficult cir- for this program came from ‘‘front line long-term health effects that military cumstances far from home, and too people’’ and that he ‘‘asked them . . . deployments have on our men and many of them witness or experience vi- ‘do you think we should make it man- women in uniform. I regret that, too olence and horrific situations that datory?’ and the answer was: yes.’’ This often, the burden of responsibility for most of us cannot even begin to imag- sentiment makes it even more impor- proving that a condition is related to ine. I have heard concerns that these tant that the initial post-deployment military service falls on the personnel brave men and women, many of whom mental health assessment be strength- themselves. Our men and women in are just out of high school or college ened and that it be mandatory as well uniform deserve the benefit of the when they sign up, may suffer long- so that health care professionals have a doubt, and should not have to fight the term physical and mental fallout from benchmark against which to measure Department of Defense or the VA for their experiences and may feel reluc- the results of the followup screening benefits that they have earned through tant to seek counseling or other assist- process. I am pleased that the Pen- their service to our Nation. ance to deal with their experiences. tagon has undertaken this effort, and I Since coming to the Senate in 1993, I Some Wisconsinites have told me believe that the provisions in Senator have worked to focus attention on the that they are concerned that the mul- LANDRIEU’s amendment and in my health effects that are being experi- tiple deployments of our National amendment will further enhance this enced by military personnel who served Guard and Reserve could lead to chron- process and help to ensure that we are in the Persian Gulf war. More than 10 ic post-traumatic stress disorder, properly caring for the mental health years after the end of the gulf war, we PTSD, which could have its roots in an of our men and women in uniform. still don’t know why so many veterans experience from a previous deployment In addition, in order to ensure that of that conflict are experiencing med- and which could come to the surface by all military personnel who are eligible

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.037 S09NOPT1 S12598 CONGRESSIONAL RECORD — SENATE November 9, 2005 for medical benefits from the VA learn vanced manufacturing techniques to which has coordination responsibility about and receive these benefits, my spark the next generation of advances for manufacturing research in DOD, amendment would require that, as part in defense related technologies; tech- does not have funding independent of of the demobilization process, assist- nologies that our warfighters deserve. the Services to initiate new efforts fo- ance be provided to eligible members This legislation proposes four basic cusing on longer term, higher risk, to enroll in the VA health care system. things. higher payoff technologies and proc- Finally, my amendment will require One, it calls, in section 231, for a R&D esses. Thus, the programs currently the Secretary of Defense, in consulta- effort focused on developing new ad- underway at ManTech are short-term tion with the Secretaries of Labor and vanced manufacturing technology and focused projects addressing immediate Veterans Affairs, to report to Congress information technology, IT, operating needs. ManTech needs to balance the on the actions taken by those Depart- models. The Under Secretary of De- current shorter term portfolio by in- ments to ensure that the Transition fense for Acquisition, Technology, and cluding a focus on longer term, higher Assistance Program is functioning ef- Logistics, acting through the Director risk manufacturing processes and tech- fectively to provide members with of Defense Research and Engineering nology development that are industry timely and comprehensive transition and with other appropriate defense pro- game changers and yield big effi- assistance. As part of the report, the grams and agencies such as the Manu- ciencies and cost savings to DOD. Secretary will be required to include a facturing Technology Program, the De- Additionally, the Under Secretary of review of transition assistance that has fense Advanced Research Projects Defense for Acquisition, Technology, been/is being provided to members de- Agency, DARPA, and other defense re- and Logistics should coordinate activi- ployed as part of Operation Iraqi Free- search activities, is to undertake re- ties within ManTech—section dom, Operation Enduring Freedom, in search and development to develop 232(b)(2)—with activities under the support of other contingency oper- critical manufacturing productivity Small Business Innovation Research ations, and members of the National breakthrough approaches and the tech- Program, SBIR, and the Small Busi- Guard who were activated in support of nologies and systems to support ness Technology Transfer Program, relief efforts following Hurricanes them—section 231(b)(1). These could in- STTR. Executive Order 13329, entitled Katrina and Rita. I look forward to re- clude such breakthrough opportunity ‘‘Encouraging Innovation in Manufac- viewing this report. areas as distributed and desktop manu- turing,’’ requires all SBIR/STTR Pro- Again, I thank the chairman and the facturing, quality inspection that is grams to give priority to research pro- ranking member for their assistance on built into the production process, small grams that help to advance innovation this important issue. lot manufacturing that is as cost-effi- in manufacturing. ManTech could ben- Mr. LIEBERMAN. Mr. President, I cient as mass production, use of revolu- efit significantly from this work cur- rise to bring my colleagues’ attention tionary materials and methods of fab- rently underway. to a provision in sections 231–235 in the rication, and the ability to manufac- Working with industry, ManTech Defense authorization bill titled ‘‘High ture devices and machines at the should develop a new program to uti- Performance Defense Manufacturing nanoscale. Productivity breakthroughs lize these new manufacturing improve- Technology Research and Develop- will ultimately help reduce weapon ments and processes in the defense ment.’’ systems costs and support surge capac- manufacturing base—section 232(c). A I introduced this legislation with my ity. key way for ManTech to achieve this colleague Senator COLLINS to address The legislation also directs the Under would be by collaboratively developing erosion in our defense manufacturing Secretary of the Defense for Acquisi- and issuing a new performance thresh- base that threatens our national secu- tion, Technology, and Logistics to un- old—a new benchmark system—to en- rity and ultimately our economy over- dertake R&D to develop a new model, sure ongoing quality and continuous all. We are running major deficits with an extended production enterprise— focus on improved and innovative man- China in defense critical manufac- section 231(b)(2)—using IT and new ufacturing procedures developed turing areas, such as computer hard- business models, that integrates serv- through the R&D and prototyping de- ware—$25 billion—and electronics ma- ices, design, and manufacturing stages, scribed above. Results from the R&D chinery and parts—$23 billion—as U.S. to achieve major new efficiencies and on manufacturing technologies and production drifts offshore. We are cost savings. Included as part of this processes and on the extended produc- transferring major portions of our cir- research effort, the development of the tion enterprise would be incorporated cuit board, semiconductor, machine interoperable software for the extended into the new performance threshold tool, and weapon system metal casting production enterprise, and the cor- which could become a new DOD acqui- manufacturing to China and other na- responding interoperability standards sition standard—section 232(c)—for pro- tions because of lower wage and lower behind it should also be a focus work- curement. Similar to the quality fo- production costs. Without productivity ing with the defense industries to de- cused initiative, 6 Sigma, a program breakthroughs, the U.S. defense manu- velop the organizational model re- aimed to improve process reproduc- facturing base will continue to erode. quired. ibility and reliability by eliminating In the high-tech sector, manufac- Two, the legislation directs DOD’s defects and process output variation, turing needs and research and develop- Manufacturing Technology Program, this new standard would be dissemi- ment needs are highly correlated. As a ManTech, to undertake technology nated into industry where similar effi- result, research and development, transition including prototyping and ciencies and productivity gains could R&D, centers are often located near test beds—section 232(a) and (b)—for be realized. In order to encourage full manufacturing facilities. If we con- new manufacturing processes and tech- adoption of the new manufacturing im- tinue to lose the manufacturing base, nologies that emerge from this R&D ef- provements and processes, including a we may well lose over time critical re- fort. Collaboration established through new performance standard, incentives search and development capabilities a memorandum of agreement—section for contractors in the defense manufac- and damage our ability to innovate. 232(a)(2)—between DDRE, ManTech, turing base to incorporate and utilize And if we hurt both of those we may and other appropriate DOD organiza- the manufacturing enhancements also lose our military technical leader- tions is needed to ensure an efficient should subsequently be developed by ship. This ultimately puts our transition of manufacturing tech- ManTech—section 232(d)(4). warfighters in harms way. Clearly, the nologies from the research stage de- Third, it establishes mechanisms to Department of Defense (DOD) has a scribed above to ManTech, which will efficiently disseminate technological huge stake in rebuilding the defense undertake the development of proto- developments to the broader defense manufacturing base. types and testbeds—section 232(b). manufacturing base—section 232(d)—in- The DOD needs advanced manufac- ManTech currently is funded at $237 cluding outreach through the Depart- turing technologies and processes to million for fiscal year 2005, all of which ment of Commerce’s Manufacturing achieve productivity breakthroughs to is directly tied to the near term needs Partnership program, section 232(d)(2), drive down costs in mature defense of the Services. The Joint Defense an established program proven to be ef- supply sectors. But it also needs ad- Manufacturing Technology Panel, fective in assisting small and mid-sized

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.037 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12599 American manufacturers, including nu- manufacturing technologies and proc- leased satellite capacity on a year-to- merous defense manufacturers and sup- esses but provides the structure to year basis is resulting in the best price pliers. It has traditionally focused on bring the technology to utilization, to for the Government and the taxpayers. providing technical assistance in man- avoid the problem of leaving valuable In contrast to the Government, other ufacturing operational efficiency and technology ‘‘on the shelf.’’ Addition- entities purchasing leased satellite ca- quality and is now evaluating addi- ally, it initiates the development of a pacity for communications services, tional roles in providing tools and as- long-term vision for the Department such as CNN and FOX, negotiate sistance to promote innovation. DOD around manufacturing technologies multiyear contracts and are receiving could use this existing mechanism to and processes needed for our military. lower prices for the same services. The help it reach its defense manufacturing I would like to point out that this Federal Government, with the Depart- base with these advances. legislation is based on the manufac- ment of Defense as the main buyer, is The Under Secretary of Defense for turing recommendations from the Na- the world’s largest consumer of leased Acquisition, Technology, and Logistics tional Innovation Initiative report re- satellite capacity and, as such, the should also consider outreach through leased by the Council on Competitive- Government should be able to nego- public-private partnerships—section ness in December, a report supported tiate the lowest price and the most 232(d)(1). Because the prototyping and by prominent business, academic, and flexible terms for leased satellite ca- engineering development stages are ex- government leaders. pacity. tremely expensive, collaborative facili- Additionally, I received letters from Last year, the Government Account- ties and testbeds—section 232(b)(1)— two key manufacturing organizations ability Office studied the Department’s should be established to severely re- supporting this proposal, the Associa- procurement process for leased sat- duce the risk, cost, and time of devel- tion for Manufacturing Technology, ellite capacity and found that the De- opment for new technologies important AMT, and National Coalition for Ad- partment’s procedures were uncoordi- for national defense. These centers vanced Manufacturing, NACFAM, nated, frustrating for military com- should also educate and train research- which stress the critical importance of manders, and overly expensive to U.S. ers and employees to help assure passing this legislation. taxpayers. Using the results of the smooth production process implemen- And lastly, I would like to reiterate GAO study, along with the Depart- tation. Such shared facilities, cost that this legislation is in line with the ment’s study completed this year and shared with both large and small par- Executive order issued by President ticipating firms that are world-class the findings on the multiyear contract Bush to encourage innovation in manu- centers for production development, issue, I hope Congress will finally have facturing in Federal agencies, includ- could potentially solve a key DOD the necessary information to consider ing through SBIR and STTR to assist problem in technology transition. wholesale satellite procurement re- Specifically, in implementing the the private sector, especially small forms during next year’s authorization prototype and testbed provisions, sec- businesses in manufacturing innova- process. tion 232(b), the Under Secretary of De- tion efforts. Mr. SESSIONS. Mr. President, when This legislation will help move the fense for Acquisition, Technology, and the Senate was considering S. 1042, the Logistics can consider establishing one U.S. defense manufacturing base ahead National Defense Authorization Act for or more pilot manufacturing centers in of global competition as well as pro- fiscal year 2006, earlier this year, there manufacturing fields important to the vide support for new technologies that was rather extensive debate over a $4 production of advanced defense tech- we are at risk of losing. The aim of this million funding item called the Robust nologies. These centers can be shared legislation is a first step in an overall Nuclear Earth Penetrator, RNEP. This production facilities of the Federal effort needed to preserve our military item was a feasibility study to be con- Government and the private sector excellence and national security. ducted by the Department of Energy to that focus on production development Mr. MCCAIN. Mr. President, I want to determine whether an existing nuclear including the invention prototyping speak briefly in favor of a provision in weapon could be modified so that it and engineering development stages. the Department of Defense authoriza- could destroy hardened and deeply bur- For example, the Under Secretary of tion bill that would require the Depart- ied targets. Defense for Acquisition, Technology, ment to study the feasibility of pro- Since the time of our earlier debate and Logistics could permit the partici- curing satellite capacity through on this matter, our colleagues on the pation of State and local governments multiyear contracts. I worked with Appropriations Committee have com- and could carry out a competition to Chairman WARNER and Ranking Mem- pleted work on the conference report determine the optimal private sector ber LEVIN to address this issue in the for Energy and Water appropriations. participants in any manufacturing cen- underlying bill, and while I am pleased The conferees have reached agreement ter. that the committee’s leadership has ac- on appropriations for the Department Fourth, the legislation—section 233— cepted the provision, I am disappointed of Energy and have agreed to eliminate directs the Under Secretary of Defense that Congress must once again request funding for continued research on the for Acquisition, Technology, and Logis- the Department to study this issue. Robust Nuclear Earth Penetrator at tics to identify and develop a strategy Last year, Congress included a provi- the request of the National Nuclear Se- working with industry in a technology sion in the Department of Defense au- curity Administration. area beneficial to the military where a thorization bill to require the Depart- In light of this outcome and the technology development roadmap and ment to scrutinize its commercial sat- elimination of funding, an amendment strategy is needed to ensure the manu- ellite capacity procurement practices to S. 1042 has been cleared on both facturing technologies and processes and report to Congress its findings and sides which will remove the authoriza- are available to support this break- recommendations. That study was tion for the Department of Energy to through technology. Consideration completed, albeit after the statutory continue the feasibility study. should be given to next generation deadline and too late for many of the I note for my colleagues, however, technologies such as advanced micro- recommendations to be implemented in that the Senate Armed Services Com- manufacturing and nanomanufactur- this year’s authorization bill. The mittee received a letter from Gen. ing, other emerging process tech- study also failed to specifically review James Cartwright, the Commander of nologies, model based enterprise, intel- the issue of multiyear contracting. U.S. Strategic Command, dated No- ligent systems, enterprise integration Therefore, Congress will be more ex- vember 1,2005, which emphasizes the and knowledge applications. A task plicit this year in its request and will need for continued work on earth pene- force should be established, in coopera- once again await the Department’s trating weapons which can be either tion with the private sector, to map a findings. nuclear or conventional. General Cart- cross-service strategy for fabrication The study on multiyear contracting wright states his support for research processes and technologies needed to is necessary because many in the sat- to validate computer models of the im- support the roadmaps identified. ellite industry and the Government pact physics of penetrating warheads Importantly, this legislation not question whether the Department of into hard surface geologies. What the only would fund the needed research in Defense’s general policy of procuring general is essentially saying is: Just

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.035 S09NOPT1 S12600 CONGRESSIONAL RECORD — SENATE November 9, 2005 because the funds have gone away manufacturing overseas. Historically, The DSB report calls for the Depart- doesn’t mean that the problem has shifts in manufacturing result over ment of Defense’s senior officials to ad- gone away. time in migration of research and de- vocate that a strongly competitive I think the general’s statement is velopment which, unfortunately, U.S. semiconductor base is not only a very reasonable. I would hope that means we will be essentially offshoring Department of Defense goal but should with the tremendous investment that our innovation capacity itself. In the also be a national priority. Because this Congress directs into defense re- March 21, 2005, edition of Business DSB finds that research and develop- search and development, at some point Week, the cover story article titled ment is closely coupled with a solid and in some fashion, we could work to- ‘‘Outsourcing Innovation’’ exactly ad- manufacturing base, and the U.S. semi- gether to address the military need the dresses this issue. The article discusses conductor manufacturing base is going general has identified. how Western corporations began abroad, the United States will soon Mr. KOHL. Mr. President, the deci- offshoring manufacturing in the 1980s start to lose its R&D skill base which sions made by the Base Realignment and 1990s to increase efficiency and to is essential for not only U.S. defense and Closure Commission are final. All focus on research and development and systems but general economic competi- around the country communities are proceeds to say how ‘‘that pledge has tiveness. now forced to deal with the difficult re- now passed.’’ Companies such as Dell, Given the low production volume of ality of how to approach the redevelop- Motorola, and Phillips are buying de- Department of Defense microelec- ment and transfer of a local military signs of digital devices from abroad, tronics parts, the report also rec- facility that is being closed. In my slightly altering the device, and then ommends that the Department of De- State of Wisconsin, the city of Mil- branding the product with their name. fense, working with the semiconductor waukee is faced with the difficult pros- In addition, there is another aspect industry and fabrication equipment pect of what to do after the 440th Air- of the semiconductor industry that suppliers, develops a cost-effective lift Wing leaves Mitchell Field. The cannot be overlooked, the limitation of technology for the design and fabrica- community, the State, and our con- Moore’s Law. There will soon be phys- tion of low production volume, leading gressional delegation fought long and ical barriers blocking the continued edge technology given the low volume hard to protect the proud men and diminution of transistor size, and the demands of the Department of Defense. women of the 440th, but we were not financial barriers will become even It states that an overall vision is able to convince the Commission that more extraordinary. This situation needed that develops an approach to closing the 440th would be a mistake. would inevitably lead to the slowing or meet Department of Defense needs be- Senator SNOWE offered an amend- stopping of chip manufacturer’s fore a supply source becomes an emer- ment that I believe will make the proc- progress unless we bring gency. This requires funding research ess of transferring and redeveloping nanotechnology to fruition in the semi- that will sustain our technical superi- base properties easier and faster. Sen- conductor world. ority; the trusted foundry agreements ator SNOWE proposed to allow the prop- I think it is pretty clear that it is assist in solving the immediate prob- erty to go directly to a local redevelop- more important than ever to create an lems, not the longer term. Included in ment agent and avoid the current com- environment in the United States the overall vision, a plan is needed spe- plicated and time consuming process. A which promotes research and develop- cifically for a Department of Defense faster process means a quicker return ment and fosters innovation. The De- acquisition strategy that encompasses to economic vitality, and I support fense Science Board Task Force re- both short- and long-term technology, that. leased to the Congress in April 2005 the acquisition and manufacturing capa- Senator SNOWE also proposed that final report titled ‘‘High Performance bilities to assure an ongoing supply of the local community not have to pay Microchip Supply’’ which was in part a trusted microelectronic components. for the land the Federal Government is response to the issues I raised in my Although U.S. leadership in chip de- giving up. It is only fitting that in 2003 report. The report outlines a series sign does not in and of itself assure the these communities that have given so of recommendations to help ensure the trustworthiness of the microelectronic much to our military men and women long-term health of the U.S. microchip parts, it does put the Department of that we give something back. Pulling design, development, and manufac- Defense in a superior position to poten- up stakes and removing an important turing industries. The report empha- tial adversaries whose systems rely on economic engine is bad enough, but to sizes the importance of maintaining U.S. based suppliers. The Department then expect the redevelopers to pay for technical superiority in the semicon- of Defense needs to sustain this U.S. the land as well just adds insult to in- ductor industry in order to lead in the leadership by investing in research pro- jury. It is unfortunate that this amend- application of electronics to support grams and ensuring a domestic supply ment that will make the transition the warfighter. This lead is critical to of scientists and engineers who are process easier for Milwaukee and com- the foundation of the next generation skilled in this area. New programmable munities around the country was not of U.S. security strategy network cen- chip technology, which has intricate accepted. tric warfare superiority. The report designs and therefore is more difficult Mr. LIEBERMAN. Mr. President, specifically stresses the need for trust- to validate, is needed and efforts to de- U.S. competitiveness in the high-tech ed and assured suppliers of integrated velop next generation technologies in sector of semiconductors, an important circuit components and emphasizes this area should be pursued. enabler in today’s world providing the that ‘‘trust cannot be added to inte- This DSB report clearly stresses the basis for nearly all electronic products grated circuits after fabrication; elec- need for immediate action and lists and systems used in both consumer and trical testing and reverse engineering key recommendations to help the De- military applications, is at risk. As we cannot be relied upon to detect partment of Defense develop not only a all are aware, global competition is on undesired alterations in military inte- short-term plan to address the imme- the rise, U.S. basic research invest- grated circuits.’’ Beyond highlighting diate needs but, importantly, a longer ment is on the decline, and there is se- the threat of IC device compromise, term vision as well. By the end of 2005, rious concern regarding the U.S. the report also highlights the risk as- there will be 59 300 mm fabrication science and technology talent base. sociated with reliance on foreign sup- plants worldwide with only 16 of these These issues have long been a concern pliers to access high-performance located in the United States. The of mine not only for the health of our microelectronics in time of war when United States cannot wait much economy but also for maintaining and quick response or surge capacity is longer; we need to address the global preserving our national security. I re- needed and additionally, the report competitiveness issue today. leased a whitepaper back in June of stresses the longer term risk of losing The Department of Defense has been 2003 titled ‘‘National Security Aspects leading edge R&D in a technology area telling us for a year or more to wait for of the Global Migration of the U.S. central to our economy. This latter the Defense Science Board report. It Semiconductor Industry’’ that dis- point was a particular emphasis of my has now finally arrived and an actual cusses and highlights the importance 2003 report referenced previously and Department of Defense ‘‘action plan’’ of addressing the accelerating shift in this new report agrees. to implement these recommendations

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.033 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12601 is needed. This is why I along with Sen- knowing that they are trying to figure say: That’s all right because even if we ator CORNYN proposed an amendment, out how to pay energy costs going into get rid of Amtrak, we will have rail No. 2446, to the Defense Authorization spring planting and fertilizer costs and passenger service on the east coast. Act, S. 1042, asking the Department of so on, knowing that it is going to wipe I wish to say what a horrible mistake Defense to develop this action plan. I away any net profit they would have, it was for the board of directors of Am- am pleased to see this amendment has any opportunity for a net profit next trak to do this. I understand where it been adopted unanimously by the Sen- year, they are saying to this Congress: came from. It came from the White ate. Talk is cheap. What are you going to House. It came from the Secretary of The United States historically has do? Will Congress take some action? Transportation. I understand meetings lost manufacturing sectors as product Will Congress take action to ease the were held in recent days, and the deci- cycles matured but our innovation sys- pain and provide some fairness and re- sion was made. That decision was car- tem always filled that void by creating store fairness? I hope so. ried out by the President’s board of di- new sectors, opportunities, jobs and I won’t go into great detail about the rectors. higher standards of living. I want to action I think we should take. I have I am saying this: A national rail pas- see that trend continue, and this done that many times on the floor with senger system, Amtrak, is beneficial to amendment asks the Department of respect to a Windfall Profits Rebate this country. In my State, 100,000 peo- Defense to form a sound plan in this Act, to rebate to consumers a portion ple used Amtrak last year. Many of technology area. of these profits. those people don’t have alternative f My hope is that in the shadow of the transportation opportunities. Yet when hearings we held today, Congress will Amtrak, the Empire Builder, in this MORNING BUSINESS be ready to take some action with re- case, runs from Chicago to Seattle, Mr. WARNER. Mr. President, I ask spect to energy price issues. 100,000 North Dakotans have used it. It unanimous consent that there now be a f is an important part of our Nation’s period of morning business with Sen- transportation system. But there is a ators permitted to speak for up to 10 FIRING OF DAVID GUNN disagreement about Amtrak. The minutes each. Mr. DORGAN. Madam President, I President wants to shut it down. He The PRESIDING OFFICER. Without have received a press statement, issued doesn’t want it. That is why he pro- objection, it is so ordered. moments ago, from the Amtrak Na- posed no funding for it. The Congress, f tional Rail Passenger Corporation the majority from his own party, said: board of directors. Four members on No, we want to fund it. We believe Am- ENERGY PRICES the board of directors represent mem- trak advances this country’s transpor- Mr. DORGAN. Madam President, we bership appointed by the President. tation system. We believe it is worthy, have come from a Commerce-Energy Two of them are recess appointments something we should do. Committee joint hearing with the not given the stamp of approval by the The president of Amtrak, David CEOs of the major energy companies. Senate. The four members of the board Gunn, is a first-rate executive. He has They came to talk to us about the of directors at Amtrak this morning experience. He has done a great job. I price of energy. decided to fire David Gunn, president say that as a member of the committee I made the point this morning—I of Amtrak. that authorizes Amtrak, so I have know the Presiding Officer was also David Gunn is not anybody’s crony. watched this enterprise. I have spent there and made the points she wished He happens to be an appointment that time with Mr. Gunn. I have spent time to make—as we go into the winter sea- is smart, tough, with experience in the with Amtrak officials. I know what is son, those who are trying to figure out area. He has run Amtrak like a true happening there. This guy is nobody’s how they afford home heating fuel, champion. He ran afoul of the White crony. As a result, he gets fired. natural gas, propane, and so on, take a House when the White House decided The ‘‘you are doing a great job, look at the newspapers and see the they wanted to shut down Amtrak, Brownie stuff,’’ I am sick of that. I highest profits in history for the oil shut down long-distance trains and ef- would like to see people who are quali- companies. They are the ones, the con- fectively get rid of Amtrak. fied to run things running things in sumers, who will have to bear the pain. David Gunn was the president of Am- this Government. They had one run- Heat your home in the winter or try to trak. He and others fought to maintain ning Amtrak. Today he gets fired be- figure out how you are going to pay the rail passenger service and fought to cause somebody got their nose out of fuel bill in the spring if you are a farm- persuade this Congress to fund Am- joint and decided, apparently, the Con- er or a rancher. These prices are going trak. The administration recommended gress won’t allow us to shut down Am- to eat away all the profit that existed, zero funding for Amtrak. The Congress trak so we will fire the president of and then some, with respect to family didn’t agree. So the Congress funded Amtrak. farmers in my State. That is according Amtrak in a manner that would allow It is a big mistake for the country. I to estimates that come from the farm it to continue to be a national rail pas- don’t know how others in Congress will organization and from economists who senger system. Apparently, David react, but for me, this is a setback and have looked at it. Gunn doesn’t measure up to the White a setback for those who care about rail The question for family farmers who House, and so they got the board of di- passenger service. It was a travesty to are being ripped by these energy prices rectors this morning to fire him. Inci- treat David Gunn, an executive who or people who drive to the gas pumps dentally, two of the recess appoint- came out of retirement to run Amtrak or people who are figuring out how to ments on the board of directors, one and who did a first-rate job, this way. heat their homes is, Is anybody going from New Jersey, one from Florida, Shame on those who made that deci- to do anything about it? You have all will have some kind of rail passenger sion. This is all about politics. It has the gain on this side and all the pain service no matter what happens to Am- nothing to do with performance. I on this side. All the gain with the big trak. All those folks who live on the thought, especially in the wake of what energy companies, the big oil compa- east coast, from Boston to Florida, happened with Hurricane Katrina, nies, the major integrated oil compa- they probably are always going to have maybe we would get back to perform- nies, bigger, stronger, with more raw a train running down that little strip ance and decide that when people know muscle power in the marketplace be- on the eastern seaboard. I can under- how to do things and organize well, cause of block buster mergers, and all stand these two members of the board, they are appreciated. That is not the the pain on the other side, the con- neither of whom were confirmed by the case with respect to the decision by the sumers. Senate, both of whom were given recess board of directors at Amtrak this Especially in a State that is an agri- appointments by the President and morning. cultural State where we rely on family cannot continue beyond this Congress, Those of us who feel that way prob- farmers as a significant part of our eco- I can understand if the President or ably won’t have a chance to overturn nomic base, knowing that those family somebody in the White House said: this because the board of directors farmers operate on a thin margin, Let’s get rid of this David Gunn. They made the decision coming from the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.033 S09NOPT1 S12602 CONGRESSIONAL RECORD — SENATE November 9, 2005 Secretary of Transportation, coming U.S. Army SSG Jason A. Fegler. Staff Captain Cahill’s heroic service and from the White House, I guess. But I Sergeant Fegler died November 4 in mourns his loss. still think it is a setback for the coun- Baghdad, Iraq. He was 24 years old. I ask my colleagues to join me and try. I hope others know it as well. Staff Sergeant Fegler grew up in all Americans in honoring CPT Joel f rural Banner County, NE, and grad- Cahill. uated from Banner County High School f NATALEE HOLLOWAY in 1999. He served more than 4 years in Mr. SHELBY. Mr. President, I rise the U.S. Marine Corps before recently FOREIGN RELATIONS COMMITTEE today to discuss an issue that has trou- transferring to the U.S. Army. He had BUSINESS MEETING bled me for many months, and that is hopes of joining the Army’s Special Mr. BIDEN. Mr. President, on No- the disappearance of an Alabama teen- Forces. Staff Sergeant Fegler was a vember 1, the Committee on Foreign ager, Natalee Holloway, from the is- member of Company C, 1st Battalion, Relations conducted a business meet- land of Aruba. Most people have heard 502nd Infantry Regiment, 101st Air- ing to consider several matters. about this. It has been in the news for borne Division, Fort Campbell, KY. The motion to report the nomination months. Staff Sergeant Fegler will be remem- of Roland Arnall to be U.S. Ambas- More than 5 months ago, on the early bered as a loyal soldier who had a sador to the Netherlands failed on a 9- morning of May 30, Natalee Holloway strong sense of duty, honor, and love of to-9 tie. The chairman then ruled that disappeared from the island of Aruba. country. Thousands of brave Ameri- the nomination was ordered reported Since the start of the investigation cans like Staff Sergeant Jason Fegler by an 8-to-2 vote, which reflected the into Natalee’s disappearance, I, along are currently serving in Iraq. vote of those physically present. with others, have been deeply troubled Staff Sergeant Fegler is survived by With all respect to my friend and by the process that has taken place in his wife, Shianne, who is in the U.S. chairman, Senator LUGAR, I disagree Aruba. From the outset, there has been Navy, and their son, Aiden, 2, of Vir- with his ruling, which negated the miscommunication and misinforma- ginia Beach, VA. He is also survived by proxy votes cast by me and several of tion from the Aruban Government. The his mother and stepfather, Rita and my colleagues; I believe it to be incon- investigation has been plagued by in- Eugene Snyder of Harrisburg, NE; and sistent with the rules of the Committee consistencies and conflicting informa- father, Jim Fegler of Sierra Vista, AZ. on Foreign Relations. So that the tion, calling the integrity of the inves- Our thoughts and prayers are with record of the proceedings at the meet- tigation itself into question. Since them at this difficult time. America is ing will be available to all members, I Natalee’s disappearance, a number of proud of Staff Sergeant Fegler’s heroic ask unanimous consent that the rel- suspects have been arrested, detained, service and mourns his loss. evant portion of the transcript of that and released without the benefit of any I ask my colleagues to join me and meeting be printed in the RECORD. substantive information regarding her all Americans in honoring SSG Jason There being no objection, the mate- disappearance. A. Fegler. rial was ordered to be printed in the I have made no secret of my concern CAPTAIN JOEL CAHILL RECORD, as follows: regarding the handling of this case and Mr. HAGEL. Mr. President, I rise to BUSINESS MEETING OF THE COMMITTEE ON the careless and inappropriate manner express my sympathy over the loss of FOREIGN RELATIONS, U.S. SENATE NOVEM- in which it appears the evidence has U.S. Army CPT Joel Cahill. Captain BER 1, 2005 been handled. Nevertheless, I continue Cahill died of wounds suffered on No- The committee met, pursuant to notice, at to believe that without the will of vember 6, while on patrol in Ad Dawr, 2:32 p.m. in Room S–116, The Capitol, Hon. Natalee Holloway’s mother, Beth Iraq. He was 34 years old. RICHARD G. LUGAR [chairman] presiding. Twitty, Natalee’s disappearance would Captain Cahill graduated in 1989 from Present: Senators LUGAR [presiding], HAGEL, CHAFEE, ALLEN, COLEMAN, VOINOVICH, not have received the level of scrutiny Papillion-La Vista High School in Ne- ALEXANDER, SUNUNU, MURKOWSKI, and SAR- braska. Captain Cahill graduated in Aruba and around the world we have BANES. witnessed. magna cum laude in 1999 from the Uni- Senator SARBANES. First of all, on the It is disturbing that so many months versity of Nebraska-Omaha, where he point about filing lawsuits to delay the nom- have passed with no clear answers re- was a member of the ROTC program. ination, there are a number of individual garding the circumstances surrounding He was a 15-year military veteran and suits that have been brought regarding some Natalee’s disappearance. To that end, I in the midst of his fourth tour of com- of these matters. I don’t premise the position joined Alabama GOV Bob Riley and bat duty, having served one tour in I’m taking on that. Iraq and two tours in Afghanistan. In I think in effect a screening process has others yesterday to call for a boycott been done by the State attorneys general, of Aruba. Today, I call upon my col- 1998, he was awarded the Soldier’s and therefore I think it raises the issue to a leagues to join me in that call. Medal for selfless action in a noncom- much higher level, that these State attorney I understand this is a drastic meas- bat situation. A live grenade acciden- generals are considering bringing charges in ure, but I believe that we as Ameri- tally landed next to Captain Cahill’s this instance. cans, along with others around the men during training at Fort A.P. Hill, Mr. Arnall asserts that his motto is to do world, should carefully weigh our trav- VA. Captain Cahill grabbed the grenade the right thing. That’s what we’re trying to el options until the Government of and hurled it out of harm’s way, saving get him to do in this instance. He owns this the lives of his fellow soldiers. Captain company. It’s privately held. We had testi- Aruba exhibits a good-faith effort to mony from people that were at the company solve this case. Cahill was a member of Company B, 1st telling about how intimately he was in its For the safety, security, and well- Battalion, 15th Infantry Regiment, 3rd activities, how much he’s essential to the being of our citizens, I do not believe Infantry Division, Fort Benning, GA. sort of direction and the drive, the vitality we can trust that we will be protected Captain Cahill will be remembered as a of the company. while in Aruba. Quite frankly, if this loyal soldier who had a strong sense of He does have an impressive life story and I can happen to Natalee Holloway, a duty, honor, and love of country. Thou- alluded to that in the course of the hearing teenager from my home State of Ala- sands of brave Americans like CPT and said as much. But you’ve got a real problem here in bama, it could happen to any of us. Joel Cahill are currently serving in terms of these practices, and Mr. Arnall That is why I believe a boycott is the Iraq. ought to resolve this matter in my opinion answer. I hope the American people, Captain Cahill is survived by his before he goes off to the Netherlands in order when they think of traveling to the wife, Mary, a U.S. Army nurse, and to assume this ambassadorship. Caribbean this winter, will look at their two children, Faith, 4, and The CHAIRMAN. Well, the committee will other options. Brenna, 3, of Columbus, GA. He is also now vote on the nomination. I will ask the Clerk to call the roll. f survived by his mother and father, Bar- bara and Larry Cahill of Gretna, NE; Ms. OURSLER. Mr. Hagel. Senator HAGEL. No. HONORING OUR ARMED FORCES sister, Erin Christensen; and brothers Ms. OURSLER. Mr. Chafee. STAFF SERGEANT JASON A FEGLER . Larry Jr., Randy and Jason. Our Senator CHAFEE. Aye. Mr. HAGEL. Mr. President, I rise to thoughts and prayers are with them at Ms. OURSLER. Mr. Allen. express my sympathy over the loss of this difficult time. America is proud of Senator CHAFEE. Aye.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.053 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12603 Ms. OURSLER. Mr. Coleman. Senator SARBANES. On what basis is the a key piece of legislation for all Ameri- Senator COLEMAN. Aye. chairman reaching that conclusion? cans and one that I hope to be able to Ms. OURSLER. Mr. Voinovich. The CHAIRMAN. On the basis that we had a support. But, as written, the bill is Senator VOINOVICH. Aye. quorum and that a majority of those phys- marred by the presence of provisions Ms. OURSLER. Mr. Alexander. ically present voted in favor of the nominee. Senator ALEXANDER. Aye Senator SARBANES. But the majority of the that pose serious concerns for Ameri- Ms. OURSLER. Mr. Sununu. committee didn’t do that. In fact the vote cans’ privacy rights. Among them is Senator SUNUNU. Aye. here was a tie vote. one provision that would permit mili- Ms. OURSLER. Ms. Murkowski. The CHAIRMAN. Counting in the proxies. tary intelligence officials to conduct Senator MURKOWSKI. Aye. Senator SARBANES. It was a tie vote. Yes, covert interviews of U.S. persons on Ms. OURSLER. Mr. Martinez. it was a tie vote. U.S. soil to assess them as potential in- The CHAIRMAN. Votes aye by proxy. You can’t bring it out with proxies. The Ms. OURSLER. Mr. Biden. chairman—what this rule is designed to do is telligence sources without disclosing Senator SARBANES. No by proxy. the chairman can’t come in with a bunch of their government affiliation. With this Ms. OURSLER. Mr. Sarbanes. proxies in his hands and then on the basis of provision in the legislation, I am com- Senator SARBANES. No. that bring a measure out of the committee. pelled to announce my intention to ob- Ms. OURSLER. Mr. Dodd. You can be called on that in terms of having ject to any unanimous consent request Senator SARBANES. No by proxy. a majority. to bring S. 1803, the intelligence reau- Ms. OURSLER. Mr. Kerry. The CHAIRMAN. I appreciate the point the thorization bill, to the Senate floor for Senator SARBANES. No by proxy. chair is making—rather, the Senator is mak- Ms. OURSLER. Mr. Feingold. ing. I believe that my interpretation is cor- approval without the opportunity for Senator SARBANES. No by proxy. rect and I would just indicate that that at debate and consideration of amend- Ms. OURSLER. Mrs. Boxer. least is what is going to occur. Now, the ments. Senator SARBANES. No by—I’ll pass for the member may think of a means for appealing This legislation has been considered moment. that in some fashion. by three different Committees: The Ms. OURSLER. Mr. Nelson. Senator SARBANES. Think what? Senate Intelligence committee, the Senator SARBANES. No by proxy. The CHAIRMAN. Of a means of appealing my Senate Committee on Armed Services, Ms. OURSLER. Mr. Obama. decision. But for the time being, my decision Senator SARBANES. No by proxy. is that we had a vote and we have reported and the Senate Committee on Home- Ms. OURSLER. Mr. Chairman. the nominee. land Security and Governmental Af- The CHAIRMAN. Aye. Senator SARBANES. Well, I think it’s an fairs. Three different committees have Senator SARBANES. Boxer, no by proxy. abuse of the rules and I want to state that to reviewed the legislation, but there has The CHAIRMAN. The Clerk will please re- the chairman. not been a single hearing on the ex- port the vote. The CHAIRMAN. I understand. panded power the administration is Ms. OURSLER. The vote is nine to nine. Senator SARBANES. Absolutely. The CHAIRMAN. Now let me make certain The CHAIRMAN. I thank the members of the seeking to enable DOD personnel to de- that the committee knows what the report- committee. mand information of law-abiding U.S. ing requirement is, because I’ll ask the Clerk [Whereupon, at 3.07 p.m., the committee citizens without having to disclose to then to give the report on members phys- was adjourned.] them who they are, on whose behalf ically present. Our rule says ‘‘No nomination f they are seeking personal and other in- can be reported unless a majority of the formation or what they intend to do LOCAL LAW ENFORCEMENT committee members are physically present. with this information. The vote of the committee to report a meas- ENHANCEMENT ACT OF 2005 The CIA already possesses the statu- ure or matter shall require the concurrence Mr. SMITH. Mr. President, I rise tory authority to engage in such sur- of a majority of those members who are today to speak about the need for hate reptitious interrogations of U.S. citi- physically present at the time the vote is crimes legislation. Each Congress, Sen- taken.’’ zens, and the Department of Defense Now, what is the vote among those who are ator KENNEDY and I introduce hate has not in my mind made the case for physically present? crimes legislation that would add new gaining this new authority as well. In Ms. OURSLER. Of those physically present, categories to current hate crimes law, fact, the DOD has not provided any evi- eight voted in favor of the nomination and sending a signal that violence of any dence that the failure to have this au- two voted against. kind is unacceptable in our society. thority has resulted in damage to U.S. The CHAIRMAN. Now, the chair believes Likewise, each Congress I have come to national security. that Rule 4[c] on reporting would indicate the floor to highlight a separate hate According to recent press reports, that in this particular instance the nomina- tion be forwarded to the full Senate. But crime that has occurred in our coun- the FBI has gained access to tens of that is—I ask those who may have question try. thousands of pieces of information about that to refer to Rule 4 on quorums and On January, 2, 2004, in Madison, WI, about U.S. citizens through national [c] on reporting. Matt Collins and Shawn Wiese went to security letters. This information re- Senator SARBANES. Mr. Chairman, as I read the Dry Bean Restaurant to meet a portedly ranges from where a person this rule, in order to report it out you will friend. After the restaurant closed, an makes and spends money and who they need a majority physically present, but that altercation between two men and Col- live with to where they travel and who doesn’t vitiate the proxies voted against. lins and Wiese occurred. A woman later they email. All of this information has The rule makes no reference to that and those proxies are valid, and therefore we testified that one of the men told her been deposited in government data wouldn’t—the vote is not carried. This ap- that night that he should beat up Col- banks, and according to press reports, plies of you to try to use proxies to con- lins and Wiese for being gay. this personal information is shared stitute the majority for reporting it out, but Mr. Collins, who had no health insur- widely, without restriction. The same it doesn’t apply to the use of proxies to ne- ance, was hospitalized for 2 days with press reports say that tomorrow not gate reporting it out, I respectfully submit multiple broken bones in his right only will such information be shared to you, and I think that’s a fair reading of wrist that required a plate and seven within the Federal bureaucracy but it the rule. And that’s the way we’ve done it screws. will be made available to State, local here in the past. I believe that our Government’s first and tribal entities, and ‘‘appropriate The CHAIRMAN. Well, that is an important reading, but the chair believes that the read- duty is to defend its citizens, in all cir- private sector entities.’’ ing at least gives credence at least to my in- cumstances, from threats to them at I remain steadfast in my belief that terpretation, which is that a majority of home. The Local Law Enforcement En- you can protect national security with- those voting and physically present, given hancement Act is a major step forward out gutting civil liberties; and this leg- the fact a majority was here to create the in achieving that goal. I believe that islation, as it currently is written, is quorum, would lead to a favorable decision. by passing this legislation and chang- out of balance. A debate on something Senator SARBANES. Well, I think we need ing current law, we can change hearts as important as protecting the rights to sort this out. I make the point of order a and minds as well. of our constituents to their privacy quorum is not present. and shielding against the surreptitious The CHAIRMAN. Well, a quorum is not f present, but the quorum was present at the shakedown of law-abiding citizens is THE INTELLIGENCE one instance when Americans can and time of the vote and that is what is required, AUTHORIZATION BILL and the chair declared that the vote was in must be invited into the process. favor of reporting this nomination to the Mr. WYDEN. Mr. President, This Shining sunlight on intelligence in- Senate floor. year’s intelligence authorization bill is formation for the benefit of Americans

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.052 S09NOPT1 S12604 CONGRESSIONAL RECORD — SENATE November 9, 2005 and policymakers alike is critical to around the country, adopted a resolu- Resolved, That the U.S. Conference of May- our security. Congress must work to tion strongly supporting the Terrorist ors strongly supports the Terrorist Appre- improve information sharing, and we Apprehension and Record Retention hension and Record Retention Act (TARR), and urges that it be passed by Congress and owe it to the American people to make Act at their 2005 annual meeting. The signed into law by the President. sure that safeguards remain in place to resolution cites a report by the General Mr. LEVIN. Mr. President, the U.S. ensure that sensitive personal informa- Accountability Office which found that Conference of Mayors recognizes the tion is not tossed around inappropri- from February 3, 2004 through June 30, importance of preserving records of ately. 2004, a total of 44 firearm purchase at- gun purchases by known terrorists and tempts were made by individuals des- f the important role they could poten- ignated as known or suspected terror- MAYORS SUPPORT THE TER- tially play in uncovering a terrorist at- ists by the federal government. This is RORIST APPREHENSION AND tack before it is carried out. We owe it an alarming statistic. I ask unanimous RECORD RETENTION ACT to all Americans in this era of height- consent that a copy of the resolution Mr. LEVIN. Mr. President, our Na- ened risk of terrorist attack to do all adopted by the U.S. Conference of May- we can to protect their safety. tion’s gun safety laws do not go far ors be printed in the RECORD. enough to protect our families and There being no objection, the mate- f communities and may leave us vulner- rial was ordered to be printed in the INTEGRITY IN PROFESSIONAL able to an attack by terrorists using RECORD, as follows: SPORTS ACT military style firearms legally pur- THE TERRORIST APPREHENSION AND RECORD Mr. DOMENICI. Mr. President, I rise chased within our own borders. Current RETENTION (TARR) ACT to express my support for the Integrity law not only allows a known or sus- Whereas, neither suspected nor actual in Professional Sports Act, S. 1960. I pected terrorist to buy firearms in the membership in a terrorist organization by am deeply troubled by the accounts of U.S., it also requires that records per- itself prohibits a person from owning a gun children and professional athletes who taining to the sale be destroyed within under current law; and use anabolic steroids and other per- a day of the purchase. Congress should lWhereas, beginning in November of 2003, the U.S. Department of Justice directed the formance-enhancement drugs. The ef- take proactive steps to address these fects of taking steroids are not only shortfalls in our gun safety laws. FBI to revise its procedures to better ensure that suspected members of terrorist organi- physiological, but psychological. Ex- Federal law requires that anyone zations who have disqualifying factors do not perts have testified before Congress seeking to purchase or obtain a permit receive firearms in violation of the law by that steroid use creates an increased to possess, acquire, or carry firearms automatically delaying responses to provide propensity for aggressive and some- undergo a background check through more time to check data; and times criminal behavior. It is clear to the National Instant Criminal Back- Whereas, in January of 2005, the U.S. Gov- me that the use of performance en- ground Check System, or NICS. This ernment Accounting Office (GAO) released a report entitled, ‘‘Gun Control and Terrorism: hancing drugs reveals a number of process requires the applicant to pro- problems, one of which is a problem of vide a variety of personal information FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist character. including name, date of birth, current Watch List Records’’; and As many of my colleagues may know, residence, and country of citizenship Whereas, that report found that from Feb- for the past 12 years, I have been in- which is then compared with data in ruary 3 through June 30, 2004, a total of 44 volved in a grassroots program to pro- the NICS system to determine whether firearm related background checks handled mote character education for our coun- or not the person is prohibited by law by the FBI and state agencies resulted in try’s children. The Character Counts from receiving or possessing firearms. valid matches with terrorist watch records, program is an important grassroots ef- Disqualifying criteria includes such and of this total 35 transactions were al- lowed to proceed because the checks found fort that I am proud to have supported. things as felony convictions and fugi- no prohibiting information, such as felony Most recently, on October 7, 2005, 28 tive or illegal alien status. convictions, illegal immigrant status, or Senators joined Senator Christopher As part of the background check, ap- other disqualifying factors; and Dodd and I in sponsoring a resolution plicants are also checked against Whereas, the report states, ‘‘GAO rec- to designate ‘‘National Character known terrorist watch lists. However, ommends that the Attorney General (1) clar- Counts Week.’’ The program promotes under current law, membership in a ify procedures to ensure that the maximum six fundamental and universal pillars known terrorist organization does not amount of allowable information from these of good character. Those are trust- automatically disqualify an applicant background checks is consistently shared with counterterrorism officials and (2) either worthiness, respect, responsibility, from receiving or possessing a firearm. strengthen the FBI’s oversight of state agen- fairness, caring, and citizenship. A cen- In cases where a positive match is cies or have the FBI centrally manage all tral premise of the Character Counts made, federal authorities search for valid match background checks. The Depart- program has held that children across other disqualifying information. If no ment of Justice agreed.’’; and the country depend on social institu- disqualifying information can be found Whereas, legislation has been introduced in tions and leaders for the development within three business days, the trans- the U.S. Senate and House of Representa- of good character. For children, these action is permitted to continue. In ad- tives entitled the ‘‘Terrorist Apprehension leaders and role models are often found and Record Retention (TARR) Act’’; and dition, all records pertaining to a posi- Whereas, the TARR Act amends the Fed- on the rosters of professional sports tive match of an applicant to a ter- eral criminal code to provide that if the na- teams. When our children see profes- rorist watch list must, under current tional criminal background check system in- sional athletes engaging in the use of law, be destroyed within 24 hours if no dicates that a person attempting to purchase steroids, they begin to question the im- disqualifying information is found. a firearm or applying for a State permit to portance of pillars such as trust- I have cosponsored the Terrorist Ap- possess, acquire, or carry a firearm is identi- worthiness, responsibility, and fair- prehension Record Retention Act in- fied as a known or suspected member of a ness. terrorist organization in records maintained troduced by Senator LAUTENBERG. This Speaking as a former baseball pitch- by the Department of Justice or the Depart- er for the University of New Mexico bill would require that in cases where ment of Homeland Security, including the an NICS background check turns up a violent Gang and Terrorist Organization File and the Albuquerque Dukes, I cannot valid match to a terrorist watch list, or records maintained by the Intelligence emphasize enough the importance of all records pertaining to the trans- Community: (1) all information related to trustworthiness and fairness in sports- action be retained for ten years. In ad- the prospective transaction shall be auto- manship. As athletes, my teammates dition, the bill requires that all NICS matically and immediately transmitted to and I understood that the integrity of information be shared with appropriate the appropriate Federal and State the game depended on knowledge that federal and state counterterrorism offi- counterterrorism officials, including the your competitors brought no advan- Federal Bureau of Investigation (FBI); (2) tage other than talent and hard work cials anytime an individual on a ter- the FBI shall coordinate the response; and rorist watch list attempts to buy a (3) all records generated in the course of the to the playing field. To think that your firearm. This is only common sense. check that are obtained by Federal and competitors used steroids to enhance The U.S. Conference of Mayors, State officials shall be retained for at least their athletic performance would mean which represents some 1,183 cities ten years, Now, therefore, be it that the game itself was compromised.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.057 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12605 S. 1960 is important legislation be- ture from the Armed Forces. They have Our relations with Iran have not yet cause it makes clear that all athletes enriched every community in which returned to normal, and the process of participating in professional sports they reside with their strength of char- implementing the January 19, 1981, will be held to the same standards of acter, hard work and devotion to fam- agreements with Iran is still underway. fair play. By instituting minimum ily. For this we must also be grateful. For these reasons, I have determined standards for the testing of steroids, Since 9/11, the men and women of our that it is necessary to continue the na- professional sports teams and profes- Armed Forces have been called away tional emergency declared on Novem- sional athletes can regain the respect from home, and are today furthering ber 14, 1979, with respect to Iran, be- and trust of the American people. It is the cause of freedom in Iraq, Afghani- yond November 14, 2005. important that we hold adults to the stan and all over the globe. Many of GEORGE W. BUSH. same standards of character as we do these individuals are National Guards- THE WHITE HOUSE, November 9, 2005. our children. Young people look up to men like the members of the 515th f professional athletes as role models. Corps Support Battalion that recently We owe it to them to make sure that returned from Iraq and the servicemen MESSAGE FROM THE HOUSE adults behave according to the same and women from Holloman, Kirtland, At 12:28 p.m., a message from the standards of trustworthiness, fairness, and Cannon Air Force bases. They House of Representatives, delivered by and respect. serve with the same courage and com- Mr. Hays, one of its reading clerks, an- f mitment shown by Americans of gen- nounced that the House has passed the erations past and they, too, deserve our VETERANS DAY 2005 following bills, in which it requests the thoughts and prayers. May our United concurrence of the Senate: Mr. DOMENICI. Mr. President, today, States continue to be blessed and may H.R. 3770. An act to designate the facility we as Americans gather to honor all America forever remain the land of the those who served, fought and sacrificed of the United States Postal Service located free and the home of the brave. at 205 West Washington Street in Knox, Indi- to defend our Nation throughout its f ana, as the ‘‘Grant W. Green Post Office history. Building’’. During the 229 year history of our MESSAGES FROM THE PRESIDENT H.R. 3825. An act to designate the facility Nation, brave Americans have an- Messages from the President of the of the United States Postal Service located swered the call to defend their coun- United States were communicated to at 770 Trumbull Drive in Pittsburgh, Penn- try’s freedom and the freedom of people the Senate by Ms. Evans, one of his sylvania, as the ‘‘Clayton J. Smith Memorial Post Office Building’’. around the globe. Today, as in the past, secretaries. our servicemen and women continue to H.R. 4053. An act to designate the facility f of the United States Postal Service located embrace these twin goals. at 545 North Rimsdale Avenue in Covina, I encourage my fellow New Mexicans EXECUTIVE MESSAGES REFERRED California, as the ‘‘Lillian Kinkella Keil Post and all Americans to take a few mo- As in executive session the Presiding Office’’. ments to remember and honor the gal- Officer laid before the Senate messages lant men and women of our Armed from the President of the United At 3:10 p.m., a message from the Forces past and present. States submitting sundry nominations House of Representatives, delivered by New Mexicans have a long distin- which were referred to the appropriate Ms. Niland, one of its reading clerks, guished history of military service. committees. announced that the House agree to the During the Spanish American War New (The nominations received today are report of the committee of conference Mexico guardsmen formed the bulk of printed at the end of the Senate pro- on the disagreeing votes of the two the 2nd Squadron of the 1st Calvary ceedings.) Houses on the amendment of the Sen- Regiment which served with Teddy ate to the bill H.R. 2419 making appro- Roosevelt and his Rough Riders at the f priations for energy and water develop- battle of San Juan Hill. When the REPORT RELATIVE TO THE CON- ment for the fiscal year ending Sep- United States entered the First World TINUATION OF THE NATIONAL tember 30, 2006, and for other purposes. War, New Mexicans of the 1st Infantry EMERGENCY WITH RESPECT TO The message also announced that the Regiment served with the 40th Infantry IRAN WHICH WAS DECLARED IN House agree to the report of the com- Division in . While participating EXECUTIVE ORDER NO. 12170 ON mittee of conference on the disagreeing in the Italian campaign of the Second NOVEMBER 14, 1979—PM 30 votes of the two Houses on the amend- World War, New Mexicans of the 104th The PRESIDING OFFICER laid be- ments of the Senate to the bill H.R. Tank Destroyer battalion were award- fore the Senate the following message 2862 making appropriations for Science, ed 8 Silver Stars, 60 Bronze Stars, and from the President of the United the Departments of State, Justice, and 135 Purple Hearts. Of course no one will States, together with an accompanying Commerce, and related agencies for the forget the contribution to final victory report; which was referred to the Com- fiscal year ending September 30, 2006, the Navajos from our State made as mittee on Banking, Housing, and and for other purposes. ‘‘code talkers’’ or the bravery of the Urban Affairs. ‘‘New Mexico Brigade’’ in the Phil- At 5:29 p.m., a message from the ippines. In the history of our Nation To the Congress of the United States: House of Representatives, delivered by New Mexicans have served with great Section 202(d) of the National Emer- Ms. Niland, one of its reading clerks, distinction from the swamps of Cuba, gencies Act (50 U.S.C. 1622(d)) provides announced that the House disagree to to the jungles of Vietnam and the for the automatic termination of a na- the amendment of the Senate to the deserts of Iraq. tional emergency unless, prior to the bill H.R. 3199 to extend and modify au- It is important that we never forget anniversary date of its declaration, the thorities needed to combat terrorism, the sacrifice and dedication of these President publishes in the Federal Reg- and for other purposes, and agree to Americans. They left behind the com- ister and transmits to the Congress a the conference asked by the Senate on fort of home, family and friends to de- notice stating that the emergency is to the disagreeing votes of the two Houses fend our country and its countless continue in effect beyond the anniver- thereon; and appoints the following blessings. For this, many have paid an sary date. Consistent with this provi- members as the managers of the con- immense price, emotionally and phys- sion, I have sent the enclosed notice to ference on the part of the House: ically, some enduring years of cap- the Federal Register for publication, From the Committee on the Judici- tivity and suffering, some never to re- stating that the Iran emergency de- ary, for consideration of the House bill turn home. We Americans owe all that clared by Executive Order 12170 on No- (except section 132) and the Senate we have to these men and women. No vember 14, 1979, is to continue in effect amendment, and modifications com- praise or honor will ever be too great beyond November 14, 2005. The most re- mitted to conference: Mr. SENSEN- for these individuals. cent notice continuing this emergency BRENNER, Mr. COBLE, Mr. SMITH of The service of veterans to our coun- was published in the Federal Register on Texas, Mr. GALLEGLY, Mr. CHABOT, Mr. try has never ended with their depar- November 12, 2004 (69 FR 65513). JENKINS, Mr. CONYERS, Mr. BERMAN,

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.059 S09NOPT1 S12606 CONGRESSIONAL RECORD — SENATE November 9, 2005 Mr. BOUCHER, and Mr. NADLER: Pro- EC–4603. A communication from the Sec- implicating particular federal interests, as vided, That Mr. SCOTT of Virginia is ap- retary of the Senate, transmitting, pursuant well as over a number of such offenses com- pointed in lieu of Mr. NADLER for con- to law, the report of the receipts and expend- mitted on board United States-flagged ships sideration of sections 105, 109, 111–114, itures of the Senate for the period from April or aircraft registered under United States 1, 2005 through September 30, 2005; ordered to law. Accordingly, the United States will im- 120, 121, 124, 131, and title II of the lie on the table. plement paragraphs (1)(b), (c) and (d) to the House bill, and modifications com- f extent provided for under its federal law. mitted to conference. (6) The United States of America, pursuant From the Permanent Select Com- EXECUTIVE REPORT OF to Articles 41 and 42,reserves the right to as- mittee on Intelligence, for consider- COMMITTEE sume obligations under Chapter II of the ation of sections 102, 103, 106, 107, 109, The following executive report of Convention in a manner consistent with its fundamental principles of federalism. and 132 of the House bill, and sections committee was submitted: 2, 3, 6, 7, 9, and 10 of the Senate amend- Section 3. Declarations By Mr. LUGAR, from the Committee on (1) The advice and consent of the Senate ment, and modifications committed to Foreign Relations: under section 1 is subject to the following conference: Mr. HOEKSTRA, Mrs. WILSON [Council of Europe Convention on declarations, which shall be included in the of New Mexico, and Ms. HARMAN. Cybercrime (Treaty Doc. 108–11) with 6 res- United States instrument of ratification: From the Committee on Energy and ervations and 5 declarations (Ex. Rept. 109– (a) The United States of America declares, Commerce, for consideration of sec- 6).] pursuant to Articles 2 and 40, that under tions 124 and 231 of the House bill, and TEXT OF THE RESOLUTION OF RATIFICATION AS United States law, the offense set forth in modifications committed to con- REPORTED BY THE COMMITTEE ON FOREIGN Article 2 (‘‘Illegal access’’) includes an addi- tional requirement of intent to obtain com- ference: Mr. NORWOOD, Mr. SHADEGG, RELATIONS: puter data. Resolved (two-thirds of the Senators present and Mr. DINGELL. (b) The United States of America declares, concurring therein), From the Committee on Financial pursuant to Articles 6 and 40, that under Section 1. Senate Advice and Consent Sub- Services, for consideration of section United States law, the offense set forth in ject to Reservations and Declarations 117 of the House bill, and modifications The Senate advises and consents to the paragraph (1)(b) of Article 6 (‘‘Misuse of de- committed to conference: Mr. OXLEY, ratification of the Council of Europe Conven- vices’’) includes a requirement that a min- Mr. BACHUS, and Mr. FRANK of Massa- tion on Cybercrime (‘‘the Convention’’), imum number of items be possessed. The chusetts. signed by the United States on November 23, minimum number shall be the same as that From the Committee on Homeland 2001 (T. Doc. 108 11), subject to the reserva- provided for by applicable United States fed- eral law. Security, for consideration of sections tions of section 2, and the declarations of section 3. (c) The United States of America declares, 127–129 of the House bill, and modifica- pursuant to Articles 7 and 40, that under tions committed to conference: Mr. Section 2. Reservations The advice and consent of the Senate United States law, the offense set forth in KING of New York, Mr. WELDON of under section 1 is subject to the following Article 7 (‘‘Computer-related forgery’’) in- Pennsylvania, and Ms. ZOE LOFGREN of reservations, which shall be included in the cludes a requirement of intent to defraud. California. United States instrument of ratification: (d) The United States of America declares, pursuant to Articles 27 and 40, that requests f (1) The United States of America, pursuant to Articles 4 and 42, reserves the right to re- made to the United States of America under MEASURES REFERRED quire that the conduct result in serious paragraph 9(e) of Article 27 (‘‘Procedures per- harm, which shall be determined in accord- taining to mutual assistance requests in the The following bills were read the first ance with applicable United States federal absence of applicable international agree- and the second times by unanimous law. ments’’) are to be addressed to its central au- consent, and referred as indicated: (2) The United States of America, pursuant thority for mutual assistance. (2) The advice and consent of the Senate H.R. 3770. An act to designate the facility to Articles 6 and 42, reserves the right not to under section 1 is also subject to the fol- of the United States Postal Service located apply paragraphs (1)(a)(i) and (1)(b) of Article lowing declaration: The United States of at 205 West Washington Street in Knox, Indi- 6 (‘‘Misuse of devices’’) with respect to de- America declares that, in view of its reserva- ana, as the ‘‘Grant W. Green Post Office vices designed or adapted primarily for the tion pursuant to Article 41 of the Conven- Building’’; to the Committee on Homeland purpose of committing the offenses estab- tion, current United States federal law ful- Security and Governmental Affairs. lished in Article 4 (‘‘Data interference’’) and fills the obligations of Chapter II of the Con- H.R. 3825. An act to designate the facility Article 5 (‘‘System interference’’). vention for the United States. Accordingly, of the United States Postal Service located (3) The United States of America, pursuant the United States does not intend to enact at 770 Trumbull Drive in Pittsburgh, Penn- to Articles 9 and 42, reserves the right to new legislation to fulfill its obligations sylvania, as the ‘‘Clayton J. Smith Memorial apply paragraphs (2)(b) and (c) of Article 9 under Chapter II. Post Office Building’’; to the Committee on only to the extent consistent with the Con- Homeland Security and Governmental Af- stitution of the United States as interpreted f by the United States and as provided for fairs. INTRODUCTION OF BILLS AND H.R. 4053. An act to designate the facility under its federal law, which includes, for ex- of the United States Postal Service located ample, crimes of distribution of material JOINT RESOLUTIONS at 545 North Rimsdale Avenue in Covina, considered to be obscene under applicable The following bills and joint resolu- California, as the ‘‘Lillian Kinkella Keil Post United States standards. tions were introduced, read the first (4) The United States of America, pursuant Office’’; to the Committee on Homeland Se- and second times by unanimous con- curity and Governmental Affairs. to Articles 10 and 42, reserves the right to impose other effective remedies in lieu of sent, and referred as indicated: f criminal liability under paragraphs 1 and 2 of By Mr. SCHUMER: ENROLLED BILL PRESENTED Article 10 (‘‘Offenses related to infringement S. 1978. A bill to amend the Federal Food, of copyright and related rights’’) with re- Drug, and Cosmetic Act to increase criminal The Secretary of the Senate reported spect to infringements of certain rental penalties for the sale or trade of prescription that on today, November 9, 2005, she rights to the extent the criminalization of drugs knowingly caused to be adulterated or had presented to the President of the such infringements is not required pursuant misbranded, to modify requirements for United States the following enrolled to the obligations the United States has un- maintaining records of the chain-of-custody bill: dertaken under the agreements referenced in of prescription drugs, and for other purposes; paragraphs 1 and 2. to the Committee on Health, Education, S. 1285. An act to designate the Federal (5) The United States of America, pursuant Labor, and Pensions. building located at 333 Mt. Elliott Street in to Articles 22 and 42, reserves the right not By Mr. KOHL: Detroit, Michigan, as the ‘‘Rosa Parks Fed- to apply in part paragraphs (1)(b), (c) and (d) S. 1979. A bill to provide for the establish- eral Building’’. of Article 22 (‘‘Jurisdiction’’). The United ment of a strategic refinery reserve, and for f States does not provide for plenary jurisdic- other purposes; to the Committee on Energy tion over offenses that are committed out- and Natural Resources. EXECUTIVE AND OTHER side its territory by its citizens or on board By Ms. MURKOWSKI: COMMUNICATIONS ships flying its flag or aircraft registered S. 1980. A bill to provide habitable living under its laws. However, United States law quarters for teachers, administrators, and The following communication was does provide for jurisdiction over a number other school staff, and their households, in laid before the Senate, together with of offenses to be established under the Con- rural areas of Alaska located in or near Alas- accompanying papers, reports, and doc- vention that are committed abroad by ka Native villages; to the Committee on In- uments, and was referred as indicated: United States nationals in circumstances dian Affairs.

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.041 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12607 By Mr. DURBIN: ADDITIONAL COSPONSORS to file designations, statements, and S. 1981. A bill to amend the Internal Rev- reports in electronic form. enue Code of 1986 to impose a temporary S. 558 S. 1520 windfall profit tax on crude oil, to rebate a At the request of Mr. REID, the name portion of the tax collected back to Amer- of the Senator from Kansas (Mr. At the request of Mrs. FEINSTEIN, the ican consumers, to fund programs under the BROWNBACK) was added as a cosponsor name of the Senator from Indiana (Mr. Low-Income Home Energy Assistance Act of of S. 558, a bill to amend title 10, BAYH) was added as a cosponsor of S. 1981 and tax incentives for the manufacture United States Code, to permit certain 1520, a bill to prohibit human cloning. of energy efficient motor vehicles by using a additional retired members of the S. 1740 portion of the proceeds of such tax, and to deposit the balance of the tax collected into Armed Forces who have a service-con- At the request of Mr. CRAPO, the the Highway Trust Fund to support the fund- nected disability to receive both dis- name of the Senator from South Caro- ing of highway projects and to aid highway ability compensation from the Depart- lina (Mr. DEMINT) was added as a co- users, and for other purposes; to the Com- ment of Veterans Affairs for their dis- sponsor of S. 1740, a bill to amend the mittee on Finance. ability and either retired pay by reason Internal Revenue Code of 1986 to allow By Ms. SNOWE: of their years of military service or individuals to defer recognition of rein- S. 1982. A bill to amend the Internal Rev- Combat-Related Special compensation vested capital gains distributions from enue Code of 1986 to provide a tax credit and to eliminate the phase-in period against residential heating costs; to the regulated investment companies. under current law with respect to such Committee on Finance. S. 1800 concurrent receipt. By Mr. SANTORUM (for himself, Mr. At the request of Ms. SNOWE, the NELSON of Nebraska, Mr. INHOFE, Mr. S. 632 name of the Senator from Georgia (Mr. DEMINT, Mr. DEWINE, Mr. HAGEL, Mr. At the request of Mr. LUGAR, the ISAKSON) was added as a cosponsor of S. COBURN, Mr. GREGG, Mr. BROWNBACK, name of the Senator from South Caro- 1800, a bill to amend the Internal Rev- Mr. ENSIGN, Mr. MARTINEZ, Mr. KYL, lina (Mr. GRAHAM) was added as a co- enue Code of 1986 to extend the new Mr. VITTER, and Mr. BURR): sponsor of S. 632, a bill to authorize the S. 1983. A bill to prohibit certain abortion- markets tax credit. extension of unconditional and perma- related discrimination in governmental ac- S. 1865 tivities; to the Committee on Health, Edu- nent nondiscriminatory treatment At the request of Mrs. DOLE, the cation, Labor, and Pensions. (permanent normal trade relations By Mr. BAYH (for himself and Mr. treatment) to the products of Ukraine, name of the Senator from Georgia (Mr. HAMBLISS VOINOVICH): and for other purposes. C ) was added as a cosponsor of S. 1865, a bill to establish the South- S. 1984. A bill to safeguard the national se- S. 633 curity and economic health of the United East Crescent Authority, and for other At the request of Mr. JOHNSON, the States by improving the management, co- purposes. name of the Senator from Vermont ordination, and effectiveness of domestic and S. 1926 international intellectual property rights (Mr. LEAHY) was added as a cosponsor enforcement, and for other purposes; to the of S. 633, a bill to require the Secretary At the request of Mr. INHOFE, the Committee on the Judiciary. of the Treasury to mint coins in com- name of the Senator from South Da- By Ms. COLLINS (for herself and Mr. memoration of veterans who became kota (Mr. THUNE) was added as a co- LIEBERMAN): disabled for life while serving in the sponsor of S. 1926, a bill to provide the S. 1985. A bill to extend the predisaster Armed Forces of the United States. Department of Justice the necessary hazard mitigation program under the Staf- S. 1112 authority to apprehend, prosecute, and ford Act; to the Committee on Homeland Se- convict individuals committing animal At the request of Mr. GRASSLEY, the curity and Governmental Affairs. enterprise terror. By Mr. ALLARD: name of the Senator from Kansas (Mr. S. 1986. A bill to provide for the coordina- ROBERTS) was added as a cosponsor of S. 1930 tion and use of the National Domestic Pre- S. 1112, a bill to make permanent the At the request of Mr. REID, the name paredness Consortium by the Department of enhanced educational savings provi- of the Senator from South Dakota (Mr. Homeland Security, and for other purposes; sions for qualified tuition programs en- JOHNSON) was added as a cosponsor of to the Committee on Homeland Security and S. 1930, a bill to expand the research, Governmental Affairs. acted as part of the Economic Growth By Mr. REED: and Tax Relief Reconciliation Act of prevention, and awareness activities of S. 1987. A bill to amend the Internal Rev- 2001. the National Institute of Diabetes and enue Code of 1986 to provide a refundable tax S. 1191 Digestive and Kidney Diseases and the credit for residential energy cost assistance At the request of Mr. SALAZAR, the Centers for Disease Control and Pre- and for other purposes; to the Committee on name of the Senator from Pennsyl- vention with respect to inflammatory Finance. vania (Mr. SANTORUM) was added as a bowel disease. By Mr. LUGAR: S. 1947 S. 1988. A bill to authorize the transfer of cosponsor of S. 1191, a bill to establish items in the War Reserves Stockpile for Al- a grant program to provide innovative At the request of Mr. SUNUNU, the lies, Korea; considered and passed. transportation options to veterans in name of the Senator from South Da- remote rural areas. kota (Mr. JOHNSON) was added as a co- f S. 1462 sponsor of S. 1947, a bill to amend chap- At the request of Mr. BROWNBACK, the ter 21 of title 38, United States Code, to SUBMISSION OF CONCURRENT AND name of the Senator from Vermont enhance adaptive housing assistance SENATE RESOLUTIONS (Mr. LEAHY) was added as a cosponsor for disabled veterans. The following concurrent resolutions of S. 1462, a bill to promote peace and S. 1959 and Senate resolutions were read, and accountability in Sudan, and for other At the request of Mr. KERRY, the referred (or acted upon), as indicated: purposes. name of the Senator from Minnesota By Mr. VITTER: S. 1488 (Mr. COLEMAN) was added as a cospon- S. Con. Res. 63. A concurrent resolution At the request of Mr. VITTER, the sor of S. 1959, a bill to direct the Archi- supporting the goals and ideals of National name of the Senator from North Caro- tect of the Capitol to obtain a statue of High School Seniors Voter Registration Day; Rosa Parks and to place the statue in to the Committee on Rules and Administra- lina (Mr. BURR) was added as a cospon- tion. sor of S. 1488, a bill to withhold funding the United States Capitol in National By Mr. BURNS (for himself, Mr. from the United Nations if the United Statuary Hall. LEAHY, Mr. INOUYE, Mr. SMITH, Mr. Nations abridges the rights provided by S. RES. 232 STEVENS, Mr. SUNUNU, Mr. NELSON of the Second Amendment to the Con- At the request of Mr. KENNEDY, the Florida, and Mrs. HUTCHISON): stitution, and for other purposes. name of the Senator from Colorado S. Con. Res. 64. A concurrent resolution ex- S. 1508 (Mr. SALAZAR) was added as a cospon- pressing the sense of the Congress regarding oversight of the Internet Corporation for As- At the request of Mr. FEINGOLD, the sor of S. Res. 232, a resolution cele- signed Names and Numbers; to the Com- name of the Senator from Indiana (Mr. brating the 40th anniversary of the en- mittee on Commerce, Science, and Transpor- LUGAR) was added as a cosponsor of S. actment of the Voting Rights Act of tation. 1508, a bill to require Senate candidates 1965 and reaffirming the commitment

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.044 S09NOPT1 S12608 CONGRESSIONAL RECORD — SENATE November 9, 2005 of the Senate to ensuring the contin- ALLEN) was added as a cosponsor of United States would help avoid the ued effectiveness of the Act in pro- amendment No. 2443 proposed to S. kinds of energy price spikes we have tecting the voting rights of all citizens 1042, an original bill to authorize ap- seen in the last few months. There also of the United States. propriations for fiscal year 2006 for seems to be clear evidence that, despite S. RES. 273 military activities of the Department generous incentives from the Govern- At the request of Mr. COLEMAN, the of Defense, for military construction, ment and soaring profits, the oil com- name of the Senator from Utah (Mr. and for defense activities of the De- panies are not interested in building BENNETT) was added as a cosponsor of partment of Energy, to prescribe per- the new refineries we need. And in a S. Res. 273, a resolution expressing the sonnel strengths for such fiscal year free market, of course, that is their sense of the Senate that the United Na- for the Armed Forces, and for other choice. tions and other international organiza- purposes. But in a democracy, we in Congress tions shall not be allowed to exercise AMENDMENT NO. 2445 are charged with making a different control over the Internet. At the request of Mr. MARTINEZ, his choice. We need to do what is best for AMENDMENT NO. 2433 name was added as a cosponsor of our national and economic security. At the request of Mr. CHAMBLISS, the amendment No. 2445 intended to be pro- And, in this case, that would be to stop name of the Senator from Nebraska posed to S. 1042, an original bill to au- begging and bribing the oil companies. (Mr. HAGEL) was added as a cosponsor thorize appropriations for fiscal year By building our own refining capacity, of amendment No. 2433 proposed to S. 2006 for military activities of the De- we would be able to supply the fuel 1042, an original bill to authorize ap- partment of Defense, for military con- needs of the Federal Government at propriations for fiscal year 2006 for struction, and for defense activities of what it actually costs to make that military activities of the Department the Department of Energy, to prescribe fuel. And we would also be able to hold of Defense, for military construction, personnel strengths for such fiscal year in reserve refining capacity that we and for defense activities of the De- could access to bring down the cost of partment of Energy, to prescribe per- for the Armed Forces, and for other purposes. gas in times when shortages raise sonnel strengths for such fiscal year prices. AMENDMENT NO. 2448 for the Armed Forces, and for other Today, the Senate is holding impor- purposes. At the request of Mr. CONRAD, the tant hearings on energy. I am con- At the request of Mr. WARNER, his names of the Senator from Montana cerned, however, that instead of offer- name was added as a cosponsor of (Mr. BURNS), the Senator from Wyo- ing answers and solutions, the oil com- amendment No. 2433 proposed to S. ming (Mr. THOMAS), the Senator from panies will blame OPEC for the high 1042, supra. Wyoming (Mr. ENZI), the Senator from price of gasoline, diesel fuel, and home At the request of Mr. NELSON of Ne- North Dakota (Mr. DORGAN) and the heating oil. We should not let them get braska, his name was added as a co- Senator from Utah (Mr. HATCH) were away with that because OPEC is only sponsor of amendment No. 2433 pro- added as cosponsors of amendment No. posed to S. 1042, supra. part of the story. 2448 proposed to S. 1042, an original bill While the price of gasoline rose to AMENDMENT NO. 2437 to authorize appropriations for fiscal record levels in recent months, the oil At the request of Mr. WARNER, his year 2006 for military activities of the companies were earning increasingly name was added as a cosponsor of Department of Defense, for military high profits on each gallon of gasoline. amendment No. 2437 intended to be pro- construction, and for defense activities One measure is the ‘‘domestic spread,’’ posed to S. 1042, an original bill to au- of the Department of Energy, to pre- the retail gasoline pump price minus thorize appropriations for fiscal year scribe personnel strengths for such fis- the cost of crude oil and taxes. During 2006 for military activities of the De- cal year for the Armed Forces, and for the 1900s, the domestic spread was partment of Defense, for military con- other purposes. struction, and for defense activities of about 40 cents per gallon for regular the Department of Energy, to prescribe f gas. This number has grown sharply since 2000. The domestic spread aver- personnel strengths for such fiscal year STATEMENTS ON INTRODUCED aged above 50 cents per gallon between for the Armed Forces, and for other BILLS AND JOINT RESOLUTIONS purposes. 2000 and 2004, and has reached as high By Mr. KOHL: At the request of Mr. TALENT, his as over 70 cents per gallon in recent name was added as a cosponsor of S. 1979. A bill to provide for the es- months. In other words, the oil compa- amendment No. 2437 intended to be pro- tablishment of a strategic refinery re- nies are earning much more today for a posed to S. 1042, supra. serve, and for other purposes; to the gallon of gas, even factoring in the Committee on Energy and Natural Re- AMENDMENT NO. 2440 higher price of crude oil. sources. At the request of Mr. INHOFE, the Growing oil company profits also names of the Senator from Tennessee Mr. KOHL. Madam President, I rise demonstrate this point: Oil industry today to speak briefly about an amend- (Mr. FRIST), the Senator from Colorado profits, after tax, increased by $100 bil- (Mr. ALLARD), the Senator from Texas ment Senator JEFFORDS and I had lion in the 5 years from 2000 to 2004, as (Mr. CORNYN), the Senator from Geor- hoped to offer to the Defense author- compared to the previous 5-year period. gia (Mr. ISAKSON), the Senator from ization bill. I understand it is not con- ExxonMobil’s earnings for the first 9 Wyoming (Mr. ENZI), the Senator from sidered relevant, so we won’t get a months of 2005—over $25 billion—al- North Carolina (Mrs. DOLE) and the vote. That is unfortunate. I cannot ready exceeded its full-year earnings Senator from Kansas (Mr. BROWNBACK) imagine what is more relevant to the for all of 2004. So obviously, these com- were added as cosponsors of amend- defense of our Nation than an amend- panies are doing much more than just ment No. 2440 proposed to S. 1042, an ment that would do something con- passing along higher crude oil prices to original bill to authorize appropria- crete about high energy prices, about customers. tions for fiscal year 2006 for military national security, and about economic One major reason for these soaring activities of the Department of De- security—all with one vote. prices and profits is the oil industry’s fense, for military construction, and Our amendment, which we are intro- failure to increase refining capacity in for defense activities of the Depart- ducing today as a freestanding bill the face of rising demand for refined ment of Energy, to prescribe personnel along with Senator FEINSTEIN, would petroleum products. A new refinery has strengths for such fiscal year for the authorize the Department of Energy to not been built in the United States Armed Forces, and for other purposes. build enough refining capacity to meet since the 1970s, and many oil refineries At the request of Mr. WARNER, his the energy needs of the Federal Gov- have been closed. In 1985, refining ca- name was added as a cosponsor of ernment—primarily the Department of pacity equaled daily consumption of amendment No. 2440 proposed to S. Defense—and also to supply the private petroleum products. By 2002, daily con- 1042, supra. market in times of shortages and price sumption exceeded refining capacity by AMENDMENT NO. 2443 spikes. almost 20 percent. At the request of Mr. ENSIGN, the There is bipartisan agreement that As domestic supply falls short of do- name of the Senator from Virginia (Mr. increasing refining capacity in the mestic demand, three very dangerous

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.046 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12609 things happen: 1, we are forced to rely refined petroleum products from the Re- (1) IN GENERAL.—Not later than 180 days on more imports. 2, we pay higher and serve; and before permanently closing a refinery in the higher prices for our fuel. And, 3, our (2) to provide petroleum products to the United States, the owner or operator of the economy is increasingly vulnerable to general public during any period described in refinery shall provide to the Secretary of En- subsection (c). ergy notice of the closing. disasters and disruptions—like those (c) EMERGENCY PERIODS.—The Secretary of (2) REQUIREMENTS.—The notice required we saw in the wake of Hurricanes Energy shall make petroleum products from under paragraph (1) with respect to a refin- Katrina and Rita. the Reserve available under subsection (b)(2) ery to be closed shall include an explanation The bill we are introducing would au- only if the President determines that— of the reasons for the closing of the refinery. thorize the Department of Energy to (1) there is a severe energy supply inter- (b) REPORTS TO CONGRESS.—The Secretary create a refining capacity equal to 5 ruption within the meaning of the term of Energy shall, in consultation with the percent of current domestic consump- under section 3 of the Energy Policy and Secretary of Defense, the Administrator of Conservation Act (42 U.S.C. 6202); or the Environmental Protection Agency, and tion. These refineries would supply the (2)(A) there is a regional petroleum prod- the Federal Trade Commission and as soon Federal Government’s need for petro- uct supply shortage of significant scope and as practicable after receipt of a report under leum products, estimated to be roughly duration; and subsection (a), submit to Congress— 2 percent of U.S. consumption. The (B) action taken under subsection (b)(2) (1) the report; and extra 3 percent of capacity would be would directly and significantly assist in re- (2) an analysis of the effects of the pro- available for emergencies and market ducing the adverse impact of the shortage. posed closing covered by the report on— disruptions. (d) LOCATIONS.—In determining the loca- (A) in accordance with the Clean Air Act This ‘‘Strategic Refining Reserve’’ tion of a refinery for inclusion in the Re- (42 U.S.C. 7401 et seq.), supplies of clean fuel; serve, the Secretary of Energy shall take would have a direct effect on energy (B) petroleum product prices; into account— (C) competition in the refining industry; prices to the consumer. It would get (1) the impact of the refinery on the local (D) the national economy; the Federal Government out of the pri- community, as determined after requesting (E) regional economies; vate market where its huge demand for and reviewing any comments from State and (F) regional supplies of refined petroleum energy drives up prices. And it would local governments and the public; products; increase the amount of oil that can be (2) regional vulnerability to— (G) the supply of fuel to the Department of refined in this country in times when (A) natural disasters; and Defense; and the oil companies’ refining capacity is (B) terrorist attacks; (H) energy security. (3) the proximity of the refinery to the tapped out. Strategic Petroleum Reserve; By Ms. MURKOWSKI: We have a duty to protect consumers, (4) the accessibility of the refinery to en- S. 1980. A bill to provide habitable our economy, and our national security ergy infrastructure and Federal facilities living quarters for teachers, adminis- from an industry that often seems fo- (including facilities under the jurisdiction of trators, and other school staff, and cused only on the short-term bottom the Department of Defense); their households, in rural areas of line. We have a duty to respond with (5) the need to minimize adverse public Alaska located in or near Alaska Na- health and environmental impacts; and concrete help for the families and busi- tive villages; to the Committee on In- nesses that tell us daily of the enor- (6) the energy needs of the Federal Govern- ment (including the Department of Defense). dian Affairs. mous financial threat posed by soaring (e) INCREASED CAPACITY.—The Secretary of Ms. MURKOWSKI. Mr. President, I energy prices. And we have a duty to Energy shall ensure that refineries in the rise to introduce a bill that will have a make sure our military has access to a Reserve are designed to provide a rapid in- profound effect on the retention of steady, affordable supply of domesti- crease in production capacity during periods teachers, administrators, and other cally refined fuel. described in subsection (c). school staff in remote and rural areas (f) IMPLEMENTATION PLAN.— Though we will not be able to offer of Alaska. this proposal as an amendment to the (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, In rural areas of Alaska, school dis- DOD authorization bill, we have intro- the Secretary of Energy shall submit to Con- tricts face the challenge of recruiting duced it as a bill, and we plan to con- gress a plan for the establishment and oper- and retaining teachers, administrators tinue to look for opportunities for a ation of the Reserve under this section. and other school staff due to the lack vote. We need to take sole control of (2) REQUIREMENTS.—The plan required of housing. In one particular year in fuel prices away from the oil compa- under paragraph (1) shall— the Lower Kuskokwim School District nies. We need to take charge and bring (A)(i)(I) provide for, within 2 years after in western Alaska, they hired one the price of fuel down by building this the date of enactment of this Act, a capacity teacher for every six who decided not ‘‘Strategic Refinery Reserve.’’ within the Reserve equal to 5 percent of the to accept job offers. Half of the appli- I ask unanimous consent that the total United States daily demand for gaso- line, diesel, and aviation fuel; and cants who did not accept a teaching po- text of the bill be printed in the (II) provide for a capacity within the Re- sition in that district indicated that RECORD. serve such that not less than 75 percent of their decision was related to the lack There being objection, the bill was the gasoline and diesel fuel produced by the of housing. ordered to be printed in the RECORD, as Reserve contain an average of 10 percent re- In 2003, I traveled through rural Alas- follows: newable fuel (as that term is defined in ka with then-Education Secretary Rod 211(o)(1)(C) of the Clean Air Act (42 U.S.C. S. 1979 Paige. I wanted him to see the chal- 7545(o)(1)(C)); or Be it enacted by the Senate and House of Rep- lenges of educating children in such a (ii) if the Secretary of Energy finds that remote and rural environment. At the resentatives of the United States of America in achieving the capacity described in either Congress assembled, subclause (I) or (II) of clause (i) is not fea- village school in Savoonga, the prin- SECTION 1. STRATEGIC REFINERY RESERVE. sible within 2 years, include— cipal slept in a broom closet in the (a) ESTABLISHMENT.— (I) an explanation from the Secretary of school due to the lack of housing in (1) IN GENERAL.—The Secretary of Energy Energy of the reasons why achieving the ca- that village. The special education shall establish and operate a Strategic Refin- pacity within the timeframe is not feasible; teacher slept in her classroom, bring- ery Reserve (referred to in this section as the and ing a mattress out each evening to ‘‘Reserve’’) in the United States. (II) provisions for achieving the required sleep on the floor. The other teachers (2) AUTHORITIES.—To carry out this sub- capacity as soon as practicable; and shared housing in a single home. Need- section, the Secretary of Energy may con- (B) provide for adequate delivery systems tract for— capable of providing Reserve product to the less to say, there is not enough room (A) the construction or operation of new entities described in subsection (b)(1). for the teachers’ spouses. Unfortu- refineries; or (g) COORDINATION.—The Secretary of En- nately, Savoonga is not an isolated ex- (B) the acquisition or reopening of closed ergy shall carry out this section in coordina- ample of the teacher housing situation refineries. tion with the Secretary of Defense. in rural Alaska. (b) OPERATION.—The Secretary of Energy (h) COMPLIANCE WITH FEDERAL ENVIRON- Rural Alaskan school districts expe- shall operate the Reserve— MENTAL REQUIREMENTS.—Nothing in this sec- rience a high rate of teacher turnover (1) to provide petroleum products to— tion affects any requirement to comply with (A) the Federal Government (including the Federal or State environmental or other due to the lack of housing. Turnover is Department of Defense); and laws. as high as 30 percent each year in some (B) any State governments and political SEC. 2. REPORTS ON REFINERY CLOSURES. rural areas with housing issues being a subdivisions of States that opt to purchase (a) REPORTS TO SECRETARY OF ENERGY.— major factor. How can we expect our

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.048 S09NOPT1 S12610 CONGRESSIONAL RECORD — SENATE November 9, 2005 children to receive a quality education SEC. 3. DEFINITIONS. SEC. 4. RURAL TEACHER HOUSING PROGRAM. when the good teachers don’t stay? In this Act: (a) IN GENERAL.—The Secretary shall pro- vide funds to the Alaska Housing Finance How can we meet the mandates of No (1) ALASKA HOUSING FINANCE CORPORA- Corporation in accordance with regulations Child Left Behind in such an edu- TION.—The term ‘‘Alaska Housing Finance Corporation’’ means the State housing au- promulgated under section 5 for use in ac- cational environment? Clearly, the cordance with subsection (b). thority for the State of Alaska created under lack of teacher housing in rural Alaska (b) USE OF FUNDS.— the laws of the State of Alaska (or a suc- is an issue that must be addressed in (1) IN GENERAL.—The Alaska Housing Fi- cessor authority). nance Corporation shall use funds provided order to ensure that children in rural (2) ELEMENTARY SCHOOL.—The term ‘‘ele- Alaska receive the same level of edu- under subsection (a) to provide grants and mentary school’’ has the meaning given the loans to eligible school districts for use in cation as their peers in more urban set- term in section 9101 of the Elementary and accordance with paragraph (2). Secondary Education Act of 1965 (20 U.S.C. tings. (2) USE OF FUNDS BY ELIGIBLE SCHOOL DIS- My bill authorizes the Department of 7801). TRICTS.—An eligible school district shall use Housing and Urban Development to (3) ELIGIBLE SCHOOL DISTRICT.—The term a grant or loan under paragraph (1) for— provide teacher housing funds to the ‘‘eligible school district’’ means a public (A) the construction of new housing units Alaska Housing Finance Corporation, school district (as defined under the laws of in a qualified community; the State of Alaska) located in the State of (B) the purchase and rehabilitation of ex- which is a State agency. In turn, the Alaska that operates 1 or more schools in a corporation is authorized to provide isting structures to be used as housing units qualified community. in a qualified community; grant and loan funds to rural school (4) NATIVE VILLAGE.— (C) the rehabilitation of housing units in a districts in Alaska for teacher housing (A) IN GENERAL.—The term ‘‘Native vil- qualified community; projects. lage’’ has the meaning given the term in sec- (D) the leasing of housing units in a quali- This legislation will allow school dis- tion 3 of the Alaska Native Claims Settle- fied community; tricts in rural Alaska to address the ment Act (43 U.S.C. 1602). (E) purchasing or leasing real property on housing shortage in the following (B) INCLUSION.—The term ‘‘Native village’’ which housing units will be constructed, pur- includes the Metlakatla Indian Community chased, or rehabilitated in a qualified com- ways: construct housing units; pur- of the Annette Islands Reserve. chase housing units; lease housing munity; (5) OTHER SCHOOL STAFF.—The term ‘‘other (F) the repayment of a loan to— units; rehabilitate housing units; pur- school staff’’ means— (i) construct, purchase, or rehabilitate chase or lease property on which hous- (A) pupil services personnel; housing units; ing units will be constructed, pur- (B) librarians; (ii) purchase real property on which hous- chased or rehabilitated; repay loans se- (C) career guidance and counseling per- ing units will be constructed, purchased, or cured for teacher housing projects; and sonnel; rehabilitated in a qualified community; or conduct any other activities normally (D) education aides; and (iii) carry out an activity described in sub- (E) other instructional and administrative paragraph (G); and related to the construction, purchase, school personnel. or rehabilitation of teacher housing (G) any other activity normally associated (6) QUALIFIED COMMUNITY.—The term with the construction, purchase, or rehabili- projects. ‘‘qualified community’’ means a home rule tation of housing units, or the purchase or Eligible school districts that accept city or a general law city incorporated under lease of real property on which housing units funds under this legislation will be re- the laws of the State of Alaska, or an unin- will be constructed, purchased, or rehabili- quired to provide the housing to teach- corporated community (as defined under the tated, in a qualified community, including— ers, administrators, other school staff, laws of the State of Alaska) in the State of (i) connecting housing units to a utility; and members of their households. Alaska located outside the boundaries of (ii) preparing construction sites; It is imperative that we address this such a city, that, as determined by the Alas- (iii) transporting any equipment or mate- important issue and allow the disburse- ka Housing Finance Corporation— rial necessary for the construction or reha- (A) has a population of not greater than bilitation of housing units to and from the ment of funds to be handled at the 6,500 individuals; State level. The quality of education of site on which the housing units are or will be (B) is located in or near a Native village; constructed; and our rural students is at stake. and (iv) carrying out an environmental assess- I ask unanimous consent that the (C) is not connected by road or railroad to ment and remediation of a construction site text of the bill be printed in the the municipality of Anchorage, Alaska, ex- or a site on which housing units are located. RECORD. cluding any connection— (c) OWNERSHIP OF HOUSING AND LAND.— There being no objection, the bill was (i) by the Alaska Marine Highway System (1) IN GENERAL.—Any housing unit con- ordered to be printed in the RECORD, as created under the laws of the State of Alas- structed, purchased, or rehabilitated, and follows: ka; or any real property purchased, using a grant or (ii) that requires travel by road through loan provided under this section shall be con- S. 1980 . sidered to be owned, as the Secretary deter- Be it enacted by the Senate and House of Rep- (7) SECONDARY SCHOOL.—The term ‘‘sec- mines to be appropriate, by— resentatives of the United States of America in ondary school’’ has the meaning given the (A) the affected eligible school district; Congress assembled, term in section 9101 of the Elementary and (B) the affected municipality, as defined SECTION 1. SHORT TITLE. Secondary Education Act of 1965 (20 U.S.C. under the laws of the State of Alaska; This Act may be cited as the ‘‘Rural 7801). (C) the affected Village Corporation; Teacher Housing Act of 2005’’. (8) SECRETARY.—The term ‘‘Secretary’’ (D) the Metlakatla Indian Community of SEC. 2. FINDINGS AND PURPOSE. means the Secretary of Housing and Urban the Annette Islands Reserve; or (a) FINDINGS.—Congress finds that— Development. (E) a tribally designated housing entity. (1) housing for teachers, administrators, (9) TEACHER.—The term ‘‘teacher’’ means (2) TRANSFER OF OWNERSHIP.—Ownership of other school staff, and the households of an individual who— a housing unit or real property under para- such staff in remote and rural areas of the (A) is employed as a teacher in a public el- graph (1) may be transferred between the en- State of Alaska is often substandard, if ementary school or secondary school; and tities described in that paragraph. available at all; (B) meets the teaching certification or li- (d) OCCUPANCY OF HOUSING UNITS.— (2) teachers, administrators, other school censure requirements of the State of Alaska. (1) IN GENERAL.—Except as provided in staff, and the households of such staff are (10) TRIBALLY DESIGNATED HOUSING ENTI- paragraphs (2) and (3), each housing unit con- often forced to find alternate shelter, some- TY.—The term ‘‘tribally designated housing structed, purchased, rehabilitated, or leased times even in school buildings; and entity’’ has the meaning given the term in using a grant or loan under this section shall (3) rural school districts in the State of section 4 of the Native American Housing be occupied by— Alaska face increased challenges, including Assistance and Self-Determination Act of (A)(i) a teacher; meeting the requirements of the Elementary 1996 (25 U.S.C. 4103). (ii) an administrator; or and Secondary Education Act of 1965 (20 (11) VILLAGE CORPORATION.— (iii) other school staff; and U.S.C. 6301 et seq.), in recruiting employees (A) IN GENERAL.—The term ‘‘Village Cor- (B) the household of an individual de- due to the lack of affordable, quality hous- poration’’ has the meaning given the term in scribed in subparagraph (A), if any. ing. section 3 of the Alaska Native Claims Settle- (2) NONSESSION MONTHS.—A housing unit (b) PURPOSE.—The purpose of this Act is to ment Act (43 U.S.C. 1602). constructed, purchased, rehabilitated, or provide habitable living quarters for teach- (B) INCLUSIONS.—The term ‘‘Village Cor- leased using a grant or loan under this sec- ers, administrators, other school staff, and poration’’ includes, as defined in section 3 of tion may be occupied by an individual other the households of such staff in rural areas of that Act (43 U.S.C. 1602)— an individual described in paragraph (1) only the State of Alaska located in or near Alas- (i) Urban Corporations; and during a period in which school is not in ses- ka Native villages. (ii) Group Corporations. sion.

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(3) TEMPORARY OCCUPANTS.—A vacant hous- ‘‘Sec. 5897. Windfall profit; removal price; necessary for the withholding and deposit of ing unit constructed, purchased, rehabili- adjusted base price; qualified the tax imposed under section 5896 on any tated, or leased using a grant or loan under investment. taxable crude oil. this section may be occupied by a contractor ‘‘Sec. 5898. Special rules and definitions. ‘‘(b) RECORDS AND INFORMATION.—Each tax- or guest of an eligible school district for a ‘‘SEC. 5896. IMPOSITION OF TAX. payer liable for tax under section 5896 shall period to be determined by the Alaska Hous- ‘‘(a) IN GENERAL.—In addition to any other keep such records, make such returns, and ing Finance Corporation, by regulation. tax imposed under this title, there is hereby furnish such information (to the Secretary (e) COMPLIANCE WITH LAW.—An eligible imposed on any integrated oil company (as and to other persons having an interest in school district that receives a grant or loan defined in section 291(b)(4)) an excise tax the taxable crude oil) with respect to such under this section shall ensure that each equal to the amount equal to 50 percent of oil as the Secretary may by regulations pre- housing unit constructed, purchased, reha- the windfall profit from all barrels of taxable scribe. bilitated, or leased using the grant or loan crude oil removed from the property during ‘‘(c) RETURN OF WINDFALL PROFIT TAX.— complies with applicable laws (including reg- each taxable year. The Secretary shall provide for the filing and ulations and ordinances). ‘‘(b) FRACTIONAL PART OF BARREL.—In the the time of such filing of the return of the (f) PROGRAM POLICIES.— case of a fraction of a barrel, the tax imposed tax imposed under section 5896. (1) IN GENERAL.—The Alaska Housing Fi- by subsection (a) shall be the same fraction ‘‘(d) DEFINITIONS.—For purposes of this nance Corporation, in consultation with any of the amount of such tax imposed on the chapter— appropriate eligible school district, shall es- whole barrel. ‘‘(1) PRODUCER.—The term ‘producer’ tablish policies governing the administra- ‘‘(c) TAX PAID BY PRODUCER.—The tax im- means the holder of the economic interest tion of grants and loans under this section, posed by this section shall be paid by the with respect to the crude oil. including a method of ensuring that funds producer of the taxable crude oil. ‘‘(2) CRUDE OIL.— are made available on an equitable basis to ‘‘SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ‘‘(A) IN GENERAL.—The term ‘crude oil’ in- eligible school districts. ADJUSTED BASE PRICE. cludes crude oil condensates and natural gas- (2) REVISIONS.—Not less frequently than ‘‘(a) GENERAL RULE.—For purposes of this oline. once every 3 years, the Alaska Housing Fi- chapter, the term ‘windfall profit’ means the ‘‘(B) EXCLUSION OF NEWLY DISCOVERED nance Corporation, in consultation with any excess of the removal price of the barrel of OIL.—Such term shall not include any oil appropriate eligible school district, shall taxable crude oil over the adjusted base price produced from a well drilled after the date of take into consideration revisions to the poli- of such barrel. the enactment of the Windfall Profits Tax ‘‘(b) REMOVAL PRICE.—For purposes of this cies established under paragraph (1). Act of 2005, except with respect to any oil chapter— SEC. 5. REGULATIONS. produced from a well drilled after such date ‘‘(1) IN GENERAL.—Except as otherwise pro- Not later than 1 year after the date of en- on any proven oil or gas property (within the vided in this subsection, the term ‘removal actment of this Act, the Secretary shall pro- meaning of section 613A(c)(9)(A)). price’ means the amount for which the barrel mulgate such regulations as are necessary to ‘‘(3) BARREL.—The term ‘barrel’ means 42 of taxable crude oil is sold. carry out this Act. United States gallons. ‘‘(2) SALES BETWEEN RELATED PERSONS.—In SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ‘‘(e) ADJUSTMENT OF REMOVAL PRICE.—In the case of a sale between related persons, (a) IN GENERAL.—There are authorized to determining the removal price of oil from a be appropriated to the Secretary such sums the removal price shall not be less than the property in the case of any transaction, the as are necessary to carry out this Act for constructive sales price for purposes of de- Secretary may adjust the removal price to each of fiscal years 2007 through 2016. termining gross income from the property reflect clearly the fair market value of oil (b) ADMINISTRATIVE EXPENSES.—Each of under section 613. removed. ‘‘(3) OIL REMOVED FROM PROPERTY BEFORE the Secretary and the Alaska Housing Fi- ‘‘(f) REGULATIONS.—The Secretary shall nance Corporation shall use not more than 5 SALE.—If crude oil is removed from the prop- prescribe such regulations as may be nec- percent of funds appropriated during a fiscal erty before it is sold, the removal price shall essary or appropriate to carry out the pur- year to pay administrative expenses incurred be the constructive sales price for purposes poses of this chapter. in carrying out this Act. of determining gross income from the prop- ‘‘(g) TERMINATION.—This section shall not erty under section 613. apply to taxable crude oil removed after the By Mr. DURBIN: ‘‘(4) REFINING BEGUN ON PROPERTY.—If the date which is 10 years after the date of the S. 1981. A bill to amend the Internal manufacture or conversion of crude oil into enactment of this section.’’. Revenue Code of 1986 to impose a tem- refined products begins before such oil is re- (b) CLERICAL AMENDMENT.—The table of porary windfall profit tax on crude oil, moved from the property— chapters for subtitle E of the Internal Rev- to rebate a portion of the tax collected ‘‘(A) such oil shall be treated as removed enue Code of 1986 is amended by adding at on the day such manufacture or conversion the end the following new item: back to American consumers, to fund begins, and ‘‘CHAPTER 56. Windfall Profit on Crude Oil.’’. programs under the Low-Income Home ‘‘(B) the removal price shall be the con- Energy Assistance Act of 1981 and tax structive sales price for purposes of deter- (c) DEDUCTIBILITY OF WINDFALL PROFIT incentives for the manufacture of en- mining gross income from the property TAX.—The first sentence of section 164(a) of ergy efficient motor vehicles by using under section 613. the Internal Revenue Code of 1986 (relating a portion of the proceeds of such tax, ‘‘(5) PROPERTY.—The term ‘property’ has to deduction for taxes) is amended by insert- and to deposit the balance of the tax the meaning given such term by section 614. ing after paragraph (5) the following new collected into the Highway Trust Fund ‘‘(c) ADJUSTED BASE PRICE DEFINED.— paragraph: ‘‘(1) IN GENERAL.—For purposes of this ‘‘(6) The windfall profit tax imposed by sec- to support the funding of highway chapter, the term ‘adjusted base price’ tion 5896.’’. projects and to aid highway users, and means $40 for each barrel of taxable crude oil (d) AMERICAN CONSUMER REBATE.— for other purposes; to the Committee plus an amount equal to— (1) IN GENERAL.—Subchapter B of chapter on Finance. ‘‘(A) such base price, multiplied by 65 of the Internal Revenue Code of 1986 (re- Mr. DURBIN. Mr. President, I ask ‘‘(B) the inflation adjustment for the cal- lating to rules of special application in the unanimous consent that the text of the endar year in which the taxable crude oil is case of abatements, credits, and refunds) is bill be printed in the RECORD. removed from the property. amended by adding at the end the following There being no objection, the bill was The amount determined under the preceding new section: ordered to be printed in the RECORD, as sentence shall be rounded to the nearest ‘‘SEC. 6430. AMERICAN CONSUMER REBATE. follows: cent. ‘‘(a) GENERAL RULE.—Except as otherwise ‘‘(2) INFLATION ADJUSTMENT.— provided in this section, each individual S. 1981 ‘‘(A) IN GENERAL.—For purposes of para- shall be treated as having made a payment Be it enacted by the Senate and House of Rep- graph (1), the inflation adjustment for any against the tax imposed by chapter 1 in an resentatives of the United States of America in calendar year after 2006 is the percentage by amount equal tol Congress assembled, which— ‘‘(1) in the case of any taxable year begin- SECTION 1. SHORT TITLE. ‘‘(i) the implicit price deflator for the gross ning in 2006, $150, and This Act may be cited as the ‘‘Windfall national product for the preceding calendar ‘‘(2) in the case of any taxable year begin- Profits Tax Act of 2005’’. year, exceeds ning after 2006, the applicable amount. SEC. 2. WINDFALL PROFITS TAX. ‘‘(ii) such deflator for the calendar year ‘‘(b) APPLICABLE AMOUNT.—For purposes of (a) IN GENERAL.—Subtitle E of the Internal ending December 31, 2005. this section, the applicable amount for any Revenue Code of 1986 (relating to alcohol, to- ‘‘(B) FIRST REVISION OF PRICE DEFLATOR taxpayer for any taxable year shall be deter- bacco, and certain other excise taxes) is USED.—For purposes of subparagraph (A), the mined by the Secretary not later than De- amended by adding at the end thereof the first revision of the price deflator shall be cember 31 (beginning in 2007) taking into ac- following new chapter: used. count the number of such taxpayers and 75 ‘‘CHAPTER 56—WINDFALL PROFITS ON ‘‘SEC. 5898. SPECIAL RULES AND DEFINITIONS . percent of the amount of revenues in the CRUDE OIL ‘‘(a) WITHHOLDING AND DEPOSIT OF TAX.— Treasury resulting from the tax imposed by ‘‘Sec. 5896. Imposition of tax. The Secretary shall provide such rules as are section 5896 for such taxable year.

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‘‘(c) CREDITS AND REFUNDS.—Under regula- against the tax imposed by this chapter for ‘‘(i) $1,000,000,000, plus tions prescribed by the Secretary, any the taxable year to an amount equal to the ‘‘(ii) any amount of credit unallocated dur- amount treated as a payment under sub- sum of— ing any preceding calendar year. section (a) for the taxable year shall be cred- ‘‘(1) the initial investment credit deter- ‘‘(2) ELIGIBLE COMPONENTS R&D CREDIT.—Of ited against the tax liability of the taxpayer mined under subsection (b) for the taxable the dollar amount available for allocation under section 1 for such taxable year or, in year, under paragraph (1) for any taxable year, 10 the absence of such tax liability of the tax- ‘‘(2) the fuel economy achievement credit percent of such amount shall be allocated in payer for such taxable year, refunded to the determined under subsection (c) for such tax- the same manner by the Secretary among all taxpayer. able year, and eligible taxpayers with respect to the eligi- ‘‘(d) CERTAIN PERSONS NOT ELIGIBLE.—This ‘‘(3) the eligible components R&D credit ble components R&D credit. section shall not apply to— determined under subsection (d) for such tax- ‘‘(f) QUALIFIED INVESTMENT.—For purposes ‘‘(1) any individual with respect to whom a able year. of this section— deduction under section 151 is allowable to ‘‘(b) INITIAL INVESTMENT CREDIT.—For pur- ‘‘(1) IN GENERAL.—The qualified investment another taxpayer for a taxable year begin- poses of this section, the initial investment for any taxable year is equal to the incre- ning in the calendar year in which such indi- credit is equal to 20 percent of the qualified mental costs incurred during such taxable vidual’s taxable year begins, investment of an eligible taxpayer with re- year— ‘‘(2) any estate or trust, or spect to energy efficient motor vehicles dur- ‘‘(A) to re-equip or expand any manufac- ‘‘(3) any nonresident alien individual.’’. ing the taxable year beginning in 2006. turing facility of the eligible taxpayer to ‘‘(c) FUEL ECONOMY ACHIEVEMENT CREDIT.— (2) CONFORMING AMENDMENT.—Section produce energy efficient motor vehicles or to For purposes of this section— 1324(b)(2) of title 31, United States Code, is produce eligible components, and ‘‘(1) IN GENERAL.—In the case of an eligible amended by inserting before the period ‘‘, or ‘‘(B) for engineering integration of such ve- taxpayer who meets the requirements of enacted by the Windfall Profits Tax Act of hicles and components as described in sub- paragraph (2) for a model year ending in a 2005’’. section (h). taxable year specified in the table contained ‘‘(2) ATTRIBUTION RULES.—In the event a fa- (3) CLERICAL AMENDMENT.—The table of in paragraph (3), the fuel economy achieve- sections for subchapter B of chapter 65 of the cility of the eligible taxpayer produces both ment credit for such taxable year is equal to Internal Revenue Code of 1986 is amended by energy efficient motor vehicles and conven- 30 percent of the sum of— adding at the end the following new item: tional motor vehicles, or eligible and non-el- ‘‘(A) at the election of the eligible tax- igible components, only the qualified invest- ‘‘Sec. 6430. American consumer rebate.’’. payer, such qualified investment for any pre- ment attributable to production of energy ef- (4) EFFECTIVE DATE.—The amendments ceding taxable year beginning after 2005 if ficient motor vehicles and the research and made by this subsection shall take effect on such taxable year has not previously been development costs attributable to eligible the date of the enactment of this Act. taken into account under this subsection by components shall be taken into account. (e) LOW INCOME HOME ENERGY ASSISTANCE such taxpayer, plus ‘‘(g) ENERGY EFFICIENT MOTOR VEHICLES TRUST FUND.— ‘‘(B) at the election of the eligible tax- AND ELIGIBLE COMPONENTS.—For purposes of (1) IN GENERAL.—Subchapter A of chapter payer, the qualified investment with respect this section— 98 of the Internal Revenue Code of 1986 (re- to energy efficient motor vehicles of the eli- ‘‘(1) ENERGY EFFICIENT MOTOR VEHICLE.— lating to trust fund code) is amended by add- gible taxpayer for the taxable year beginning The term ‘energy efficient motor vehicle’ ing at the end the following new section: in 2015. means— ‘‘SEC. 9511. LOW-INCOME HOME ENERGY ASSIST- ‘‘(2) DEMONSTRATED COMBINED FLEET ECON- ‘‘(A) any new advanced lean burn tech- ANCE TRUST FUND. OMY IMPROVEMENTS.—The requirements of nology motor vehicle (as defined in section ‘‘(a) CREATION OF TRUST FUND.—There is this paragraph are met for any model year 30B(c)(3) determined without regard to sub- established in the Treasury of the United ending in a taxable year if the eligible tax- paragraph (A)(iv)(II) thereof or the weight States a trust fund to be known as the ‘Low- payer can demonstrate to the satisfaction of limitation under subparagraph (A)(iv)(I) Income Home Energy Assistance Trust the Secretary that the percentage by which thereof), Fund’, consisting of any amount appro- the taxpayer’s overall combined fuel econ- ‘‘(B) any new qualified hybrid motor vehi- priated or credited to the Trust Fund as pro- omy standard for the taxpayer’s vehicle fleet cle (as defined in section 30B(d)(3)(A) deter- vided in this section or section 9602(b). for such model year exceeds such standard mined without regard to subparagraph ‘‘(b) TRANSFERS TO TRUST FUND.—There for such taxpayer’s 2005 model year as re- (A)(ii)(II) thereof, the weight limitation are hereby appropriated to the Low-Income ported to the National Highway Traffic Safe- under subparagraph (A)(ii)(I) thereof, and Home Energy Assistance Trust Fund for ty Administration under section 32907 of subparagraph (A)(iv) thereof), or each fiscal year beginning after September title 49, United States Code, is not less than ‘‘(C) any other new technology motor vehi- 30, 2005, amounts equivalent to 7.5 percent of the percentage determined for such model cle identified by the Secretary as offering a the taxes received in the Treasury under sec- year under paragraph (3). substantial increase in fuel economy. tion 5896 (relating to windfall profit tax on ‘‘(3) PERCENTAGE INCREASE.—The percent- ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- crude oil) for such fiscal year. age determined under this paragraph for any gible component’ means any component in- ‘‘(c) EXPENDITURES FROM TRUST FUND.— taxable year is equal to— herent to any energy efficient motor vehicle, Amounts in the Low Income Home Energy ‘‘Model year ending Percentage increase including— Assistance Trust Fund shall be available, in taxable year ‘‘(A) with respect to any gasoline-electric without further appropriation, for each fiscal 2008 ...... 5 new qualified hybrid motor vehicle— year to carry out the program under the 2009 ...... 10 ‘‘(i) electric motor or generator, 2010 ...... 15 ‘‘(ii) power split device, Low-Income Home Energy Assistance Act of 2011 ...... 20 ‘‘(iii) power control unit, 1981 for which funds are authorized under 2012 ...... 27.5 section 2602(b) of such Act for such fiscal 2013 ...... 35 ‘‘(iv) power controls, year, but only if not less than $1,800,000,000 2014 ...... 42.5 ‘‘(v) integrated starter generator, or has been appropriated for such program for 2015 ...... 50 ‘‘(vi) battery, such fiscal year (determined without regard ‘‘(d) ELIGIBLE COMPONENTS R&D CREDIT.— ‘‘(B) with respect to any new advanced lean to any amount appropriated to the Low In- For purposes of this section, the eligible burn technology motor vehicle— come Home Energy Assistance Trust R&D credit for any taxable year is equal to ‘‘(i) diesel engine, Fund).’’. 30 percent of the research and development ‘‘(ii) turbocharger, (2) CLERICAL AMENDMENT.—The table of costs paid or incurred by an eligible taxpayer ‘‘(iii) fuel injection system, or sections for such subchapter is amended by for such taxable year with respect to eligible ‘‘(iv) after-treatment system, such as a adding at the end the following new item: components used or to be used in the manu- particle filter or NOx absorber, and facture of energy efficient motor vehicles. ‘‘Sec. 9511. Low-Income Home Energy ‘‘(C) with respect to any energy efficient ‘‘(e) LIMITATION.— Assistance Trust Fund.’’. motor vehicle, any other component ap- ‘‘(1) INITIAL INVESTMENT CREDIT AND FUEL proved by the Secretary. (f) ENERGY EFFICIENT MOTOR VEHICLES ECONOMY ACHIEVEMENT CREDIT.—Subject to ‘‘(h) ENGINEERING INTEGRATION COSTS.—For MANUFACTURING CREDIT.— paragraph (2), the aggregate amount of ini- purposes of subsection (f)(1)(B), costs for en- (1) IN GENERAL.—Subpart B of part IV of tial investment credits and fuel economy gineering integration are costs incurred subchapter A of chapter 1 of the Internal achievement credits allowed under sub- prior to the market introduction of energy Revenue Code of 1986 (relating to foreign tax section (a) for any taxable year beginning in efficient vehicles for engineering tasks re- credit, etc.) is amended by adding at the end a calendar year after 2005 shall be allocated lated to— the following new section: by the Secretary among all eligible tax- ‘‘(1) incorporating eligible components into ‘‘SEC. 30D. ENERGY EFFICIENT MOTOR VEHICLES payers— the design of energy efficient motor vehicles, MANUFACTURING CREDIT. ‘‘(A) based on each eligible taxpayer’s per- and ‘‘(a) CREDIT ALLOWED.—In the case of an el- centage of the total qualified investment of ‘‘(2) designing new tooling and equipment igible taxpayer, subject to a credit alloca- all such taxpayers, and for production facilities which produce eligi- tion under subsection (e) to such eligible ‘‘(B) such that such aggregate amount does ble components or energy efficient motor ve- taxpayer, there shall be allowed as a credit not exceed— hicles.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.053 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12613 ‘‘(i) ELIGIBLE TAXPAYER.—For purposes of paragraph (37) and inserting ‘‘, and’’, and by Kerosene prices average $2.95 a gallon, this section, the term ‘eligible taxpayer’ adding at the end the following new para- 75 cents higher than this time last means, with respect to any taxable year, any graph: year. Some projections have a gallon of taxpayer if more than 25 percent of the tax- ‘‘(38) to the extent provided in section heating oil reaching $3.00! And I am payer’s gross receipts for the taxable year is 30D(k).’’. derived from the manufacture of motor vehi- (B) Section 6501(m) of such Code is amend- told that rolling blackouts on cold cles or any component parts of such vehicles. ed by inserting ‘‘30D(o),’’ after ‘‘30C(e)(5),’’. days this winter may be a possibility ‘‘(j) LIMITATION BASED ON AMOUNT OF (C) The table of sections for subpart B of because of a high demand for elec- TAX.—The credit allowed under subsection part IV of subchapter A of chapter 1 of such tricity. (a) for the taxable year shall not exceed the Code is amended by inserting after the item According to the National Energy excess of— relating to section 30C the following new Assistance Directors Association, heat- ‘‘(1) the sum of— item: ing costs for the average family using ‘‘(A) the regular tax liability (as defined in ‘‘Sec. 30D. Energy efficient motor vehicles heating oil are projected to hit $1,666 section 26(b)) for such taxable year, plus manufacturing credit.’’. ‘‘(B) the tax imposed by section 55 for such for the upcoming winter. This rep- (3) EFFECTIVE DATE.—The amendments taxable year, over resents an increase of $403 over last made by this subsection shall apply to ‘‘(2) the sum of the credits allowable under winter’s prices and $714 over the winter amounts incurred in taxable years beginning subpart A and sections 27, 30, 30B, and 30C for heating season of 2003–2004. Should after December 31, 2005. the taxable year. (g) TRANSFER TO HIGHWAY TRUST FUND TO colder weather prevail, these costs will ‘‘(k) REDUCTION IN BASIS.—For purposes of FUND HIGHWAY PROJECTS AND AID HIGHWAY surely increase, especially for States this subtitle, if a credit is allowed under this USERS.— like Maine. section for any expenditure with respect to (1) IN GENERAL.—Section 9503(b)(1) of the So understandably, my constituents any property, the increase in the basis of Internal Revenue Code of 1986 (relating to such property which would (but for this are asking how they will be able to af- certain taxes) is amended— paragraph) result from such expenditure ford to pay home heating oil bills that (A) by inserting ‘‘(before January 1, 2016, in shall be reduced by the amount of the credit are 30 percent more expensive than last the case of taxes under section 5896)’’ after so allowed. ‘‘2011’’ year. This is a crisis that has arrived. ‘‘(l) NO DOUBLE BENEFIT.— (B) by striking ‘‘and’’ at the end of sub- Heating one’s home is a necessity of ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS paragraph (D), life—so much so that 73 percent of AND CREDITS.—The amount of any deduction (C) by striking the period at the end of sub- households in a recent survey reported or other credit allowable under this chapter paragraph (E) and inserting ‘‘, and’’, they would cut back on, and even go for any cost taken into account in deter- (D) by inserting after subparagraph (E) the mining the amount of the credit under sub- without, other necessities such as food, following new subparagraph: section (a) shall be reduced by the amount of prescription drugs, and mortgage and ‘‘(F) section 5896 (relating to windfall prof- such credit attributable to such cost. rent payments. Churches, food pan- it tax).’’, and ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— tries, local service organizations—they (E) by adding at the end the following new ‘‘(A) IN GENERAL.—Except as provided in sentence: ‘‘For purposes of this paragraph, are all deeply concerned, and the subparagraph (B), any amount described in the aggregate amount which is appropriated leaves have barely fallen from the subsection (d) taken into account in deter- to the Highway Trust Fund as determined by trees. mining the amount of the credit under sub- reference to taxes received under section 5896 In order to help low- and middle-in- section (a) for any taxable year shall not be shall be reduced by the aggregate amount of taken into account for purposes of deter- come families heat their homes this the American consumer rebate determined mining the credit under section 41 for such winter, I am proposing a tax credit for under section 6430, the amount appropriated taxable year. home energy costs up to $500. The cred- for each fiscal year to the Low-Income Home ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- it would be available to married cou- Energy Assistance Trust Fund under section MINING BASE PERIOD RESEARCH EXPENSES.— ples earning less than $100,000 and sin- 9511(b), and an amount of $1,000,000,000 for Any amounts described in subsection (d) each of fiscal years 2006 through 2015.’’ gle taxpayers making less than $50,000. taken into account in determining the (2) PORTION TO MASS TRANSIT ACCOUNT.— My legislation also directs the Treas- amount of the credit under subsection (a) for Section 9503(e)(2) of such Code (relating to ury Department to assist individuals to any taxable year which are qualified re- transfers to Mass Transit Account) is amend- adjust their withholding amounts for search expenses (within the meaning of sec- ed by inserting ‘‘and 18.5 percent of the tion 41(b)) shall be taken into account in de- 2006, which will immediately increase amounts appropriated to the Highway Trust termining base period research expenses for take home pay. Without adjusting Fund under subsection (b) which are attrib- purposes of applying section 41 to subsequent their withholding, taxpayers would not utable to the tax under section 5896’’ after taxable years. benefit from the credit until they file ‘‘1983’’. ‘‘(m) BUSINESS CARRYOVERS ALLOWED.—If their taxes sometime in 2007, possibly the credit allowable under subsection (a) for (3) SPECIAL RULE REGARDING HIGHWAY PROJECTS FUNDED BY WINDFALL PROFIT TAX long after energy prices have returned a taxable year exceeds the limitation under to a normal level. As a result, this is a subsection (j) for such taxable year, such ex- REVENUES.—Notwithstanding section 120 of cess (to the extent of the credit allowable title 23, United States Code, the Federal crucial provision to ensure that these with respect to property subject to the al- share of the cost of any project or activity individuals and families get a helping lowance for depreciation) shall be allowed as carried out using funds deposited in the hand exactly when they need it most. a credit carryback and carryforward under Highway Trust Fund under section Finally, any unused credit amount rules similar to the rules of section 39. 9503(b)(1)(F) of the Internal Revenue Code of could be carried back to the prior two 1986 shall be 100 percent to the extent such ‘‘(n) DEFINITIONS AND SPECIAL RULES.—For taxable years or carried forward to fu- purposes of this section— funds are available under such section. (h) EFFECTIVE DATE.—Except as otherwise ture taxable years. ‘‘(1) DEFINITIONS.—Any term which is used It is critical that those who would in this section and in chapter 329 of title 49, provided, the amendments made by this sec- United States Code, shall have the meaning tion shall apply to crude oil removed after benefit from the home energy credit the date of the enactment of this Act, in tax- given such term by such chapter. are not at the same time required to able years ending after such date. ‘‘(2) SPECIAL RULES.—Rules similar to the shoulder the burden of the cost of the rules of paragraphs (4) and (5) of section By Ms. SNOWE: credit through an increase in the na- 179A(e) and paragraphs (1) and (2) of section S. 1982. A bill to amend the Internal tional debt. This credit should be paid 41(f) shall apply. Revenue Code of 1986 to provide a tax for, and it makes sense to me that ‘‘(o) ELECTION NOT TO TAKE CREDIT.—No costs of the credit should be financed credit shall be allowed under subsection (a) credit against residential heating for any property if the taxpayer elects not to costs; to the Committee on Finance. by those who profit the most by high have this section apply to such property. Ms. SNOWE. Mr. President, today I energy prices, namely large oil compa- ‘‘(p) REGULATIONS.—The Secretary shall rise to introduce legislation that would nies. I am concerned that while many prescribe such regulations as necessary to provide a tax credit for home energy individuals are forced to make the carry out the provisions of this section. costs to low- and middle-income tax- choice of heating one’s home or meet- ‘‘(q) TERMINATION.—This section shall not payers. This legislation will help those ing the other basic necessities of life, apply to any qualified investment made after large oil companies are showing record December 31, 2015.’’. who are struggling to simply heat their (2) CONFORMING AMENDMENTS.— homes as winter approaches and while profits. Therefore, the Home Energy (A) Section 1016(a) of such Code is amended fuel prices remain so high. Cost Tax Assistance Act includes an by striking ‘‘and’’ at the end of paragraph Home heating oil in Maine is $2.52 per offset provision to disallow the tax (36), by striking the period at the end of gallon, up 59 cents from a year ago. benefit that large oil companies with

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.053 S09NOPT1 S12614 CONGRESSIONAL RECORD — SENATE November 9, 2005 revenues in excess of $1 billion in 2005 ‘‘(iii) $40,000 in any other case. indirectly, for the increased residential heat- receive by use of the Last-In, First-Out ‘‘(D) PHASEOUT AMOUNT.—For purposes of ing cost so incurred. (LIFO) tax accounting method. In- this paragraph, the term ‘phaseout amount’ ‘‘(f) APPLICABILITY OF SECTION.—This sec- stead, these companies would be re- means— tion shall apply to taxable years beginning ‘‘(i) $20,000 in the case of a joint return or after December 31, 2005, and before January quired to use the First-In, First-Out a head of a household, and 1, 2007.’’. (FIFO) method of accounting for 2005. ‘‘(ii) $10,000 in any other case. (b) REDUCTION IN WITHHOLDING.—The Sec- Put another way, the proposal would ‘‘(3) MAXIMUM CREDIT PER HOUSEHOLD.— retary of the Treasury— scale back a tax provision that allows ‘‘(A) IN GENERAL.—In the case of any (1) shall educate taxpayers on adjusting oil companies to take an enormous tax household, the credit under subsection (a) withholding of taxes to reflect any antici- deduction when prices are sky high and shall be allowed only to the individual resid- pated tax credit under section 25E of the In- allows them to boost after-tax profits ing in such household who furnishes the larg- ternal Revenue Code of 1986, and est portion (whether or not more than one- even further. As big oil companies (2) may adjust the wage withholding tables half) of the cost of maintaining such house- prescribed under section 3402(a)(1) of such show record profits on the backs of or- hold. Code to take into account the credit allowed dinary Americans, they have less of a ‘‘(B) DETERMINATION OF AMOUNT.—In the under section 25E of such Code. need for such a tax break, and I believe case of an individual described in subpara- (c) CLERICAL AMENDMENT.—The table of it is fair to scale back this tax break in graph (A), such individual shall, for purposes sections for subpart A of part IV of sub- order to lend a helping hand to low- of determining the amount of the credit al- chapter A of chapter 1 of the Internal Rev- and middle-income workers. lowed under subsection (a), be treated as enue Code of 1986 is amended by striking the having paid or incurred during such taxable It is critical that Congress act to item relating to section 35 and by adding at year for increased residential heating costs the end the following new items: help low and middle income Americans an amount equal to the sum of the amounts ‘‘Sec. 25E. Credit against residential heating absorb the increased home energy costs paid or incurred for such heating costs by all costs.’’. associated with the drastic increase in individuals residing in such household (in- price of fuel. Temperatures are falling, cluding any amount allocable to any such in- (d) EFFECTIVE DATE.—The amendments prices are rising and we must move dividual under subsection (d) or (e)). made by this section shall apply to taxable years beginning after December 31, 2005. swiftly. ‘‘(c) CARRYBACK OF CREDIT.— I ask unanimous consent that the ‘‘(1) IN GENERAL.—If the credit allowable SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD under subsection (a) for a taxable year ex- OF ACCOUNTING BY LARGE INTE- text of the bill be printed in the ceeds the limitation under subsection (b)(1) GRATED OIL COMPANIES FOR LAST RECORD. for such taxable year, such excess shall be al- TAXABLE YEAR ENDING BEFORE OC- TOBER 1, 2005. There being no objection, the bill was lowed— (a) GENERAL RULE.—Notwithstanding any ordered to be printed in the RECORD, as ‘‘(A) as a credit carryback to each of the 2 other provision of law, an applicable inte- follows: taxable years preceding such taxable year, grated oil company shall, in determining the and S. 1982 amount of Federal income tax imposed on ‘‘(B) as a credit carryforward to each of the Be it enacted by the Senate and House of Rep- such company for its most recent taxable 20 taxable years following such taxable year. resentatives of the United States of America in year ending on or before September 30, 2005, ‘‘(2) AMOUNT CARRIED TO EACH YEAR.—Rules Congress assembled, use the first-in, first-out (FIFO) method of similar to the rules of section 39(b)(2) shall SECTION 1. SHORT TITLE. accounting rather than the last-in, last-out apply for purposes of this section. This Act may be cited as the ‘‘Home En- (LIFO) method of accounting with respect to ‘‘(3) LIMITATION.—The amount of unused its crude oil inventories. ergy Assistance Act of 2005’’. credit which may be taken into account (b) APPLICATION OF REQUIREMENT.—The re- SEC. 2. TAX CREDIT AGAINST RESIDENTIAL under paragraph (1) for any taxable year quirement to use the first-in, first-out HEATING COSTS. shall not exceed the limitation under sub- (FIFO) method of accounting under sub- (a) IN GENERAL.—Subpart A of part IV of section (b)(1). subchapter A of chapter 1 of the Internal ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For section (a)— Revenue Code of 1986 (relating to nonrefund- purposes of this section— (1) shall not be treated as a change in able personal credits) is amended by insert- ‘‘(1) RESIDENTIAL HEATING COSTS.—The method of accounting, and ing after section 25D the following new sec- term ‘residential heating costs’ means costs (2) shall be disregarded in determining the tion: incurred in connection with an energy source method of accounting required to be used in ‘‘SEC. 25E. CREDIT AGAINST RESIDENTIAL HEAT- used to heat a principal residence of the tax- any succeeding taxable year. ING COSTS. payer located in the United States. (c) APPLICABLE INTEGRATED OIL COM- ‘‘(a) GENERAL RULE.—In the case of an indi- ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- PANY.—For purposes of this section, the term vidual, there shall be allowed as a credit cipal residence’ has the same meaning as in ‘‘applicable integrated oil company’’ means against the tax imposed by this chapter for section 121, except that— an integrated oil company (as defined in sec- the taxable year an amount equal to the ‘‘(A) no ownership requirement shall be im- tion 291(b)(4) of the Internal Revenue Code of amount paid or incurred during such taxable posed, and 1986) which— year for residential heating costs. ‘‘(B) the principal residence must be used (1) had gross receipts in excess of ‘‘(b) LIMITATIONS.— by the taxpayer as the taxpayer’s residence $1,000,000,000 for its most recent taxable year ‘‘(1) DOLLAR LIMITATION.—The amount of during the taxable year. ending on or before September 30, 2005, and the credit allowed to under subsection (a) to ‘‘(3) NO CREDIT FOR MARRIED INDIVIDUALS (2) would, without regard to this section, any taxpayer shall not exceed $500 for any FILING SEPARATE RETURNS.—If the taxpayer use the last-in, first-out (LIFO) method of taxable year. is a married individual (within the meaning accounting with respect to its crude oil in- ‘‘(2) LIMITATION BASED ON ADJUSTED GROSS of section 7703), this section shall apply only ventories for such taxable year. INCOME.— if the taxpayer and the taxpayer’s spouse file For purposes of paragraph (1), all persons ‘‘(A) IN GENERAL.—The amount of the cred- a joint return for the taxable year. treated as a single employer under sub- it which would (but for this paragraph) be ‘‘(4) TREATMENT OF EXPENSES PAID BY DE- sections (a) and (b) of section 52 of the Inter- taken into account under subsection (a) for PENDENT.—If a deduction under section 151 nal Revenue Code of 1986 shall be treated as the taxable year shall be reduced (but not with respect to an individual is allowed to 1 person. below zero) by the amount determined under another taxpayer for a taxable year begin- subparagraph (B). ning in the calendar year in which such indi- By Mr. SANTORUM (for himself, ‘‘(B) AMOUNT OF REDUCTION.—The amount vidual’s taxable year begins— Mr. NELSON of Nebraska, Mr. determined under this subparagraph is the ‘‘(A) no credit shall be allowed under sub- INHOFE, Mr. DEMINT, Mr. amount which bears the same ratio to the section (a) to such individual for such indi- DEWINE, Mr. HAGEL, Mr. amount which would be so taken into ac- vidual’s taxable year, and COBURN, Mr. GREGG, Mr. count as— ‘‘(B) residential heating costs paid by such ‘‘(i) the excess of— individual during such individual’s taxable BROWNBACK, Mr. ENSIGN, Mr. ‘‘(I) the taxpayers adjusted gross income year shall be treated for purposes of this sec- MARTINEZ, Mr. KYL, Mr. for such taxable year, over tion as paid by such other taxpayer. VITTER, and Mr. BURR): ‘‘(II) the threshold amount, bears to ‘‘(e) HOMEOWNERS ASSOCIATIONS.—The ap- S. 1983. A bill to prohibit certain ‘‘(ii) the phaseout amount. plication of this section to homeowners asso- abortion-related discrimination in gov- ‘‘(C) THRESHOLD AMOUNT.—For purposes of ciations (as defined in section 528(c)(1)) or ernmental activities; to the Committee this paragraph, the term ‘threshold amount’ members of such associations, and tenant- means— stockholders in cooperative housing corpora- on Health, Education, Labor, and Pen- ‘‘(i) $80,000 in the case of a joint return, tions (as defined in section 216), shall be al- sions. ‘‘(ii) $65,000 in the case of a head of a lowed by allocation, apportionment, or oth- Mr. SANTORUM. Mr. President, I household, and erwise, to the individuals paying, directly or rise today to introduce the Abortion

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.061 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12615 Non-Discrimination Act of 2005. I am I ask unanimous consent that the paredness Consortium (NDPC), TTC’s pleased to be joined in this effort by text of this legislation be printed in potential to fill a gap in the rail and Senators BEN NELSON, INHOFE, DEMINT, the RECORD. mass transit environment became ap- DEWINE, HAGEL, COBURN, GREGG, There being no objection, the bill was parent. BROWNBACK, ENSIGN, MARTINEZ, KYL, ordered to be printed in the RECORD, as Congress recognized the need to train VITTER, and BURR. follows: first responders in the 1998 Appropria- Abortion has been, and continues to S. 1983 tions Act, Public Law 105–119, and ac- be, one of the most divisive social Be it enacted by the Senate and House of Rep- companying report. There, Congress issues in our Nation. I realize that resentatives of the United States of America in stated that, while the Federal Govern- there are people of good will on both Congress assembled, ment plays an important role in pre- sides of this issue, people who working SECTION 1. SHORT TITLE. venting and responding to these types of threats, state and local public safety for the best interests of women, chil- This Act may be cited as the ‘‘Abortion Non-Discrimination Act of 2005’’. personnel are typically first to respond dren and families. Despite the great SEC. 2. ABORTION NON-DISCRIMINATION. to the scene when such incidents occur. disagreements, there are points of this Section 245 of the Public Health Service As a result, Congress authorized the debate where the vast majority of Act (42 U.S.C. 238n) is amended— Attorney General to assist state and Americans agree, for example the Par- (1) in the section heading by striking ‘‘AND local public safety personnel in acquir- tial-Birth Abortion Ban Act, the Un- LICENSING OF PHYSICIANS’’ and inserting ing the specialized training and equip- born Victims of Violence Act, and the ‘‘, LICENSING, AND PRACTICE OF PHYSI- ment necessary to safely respond to CIANS AND OTHER HEALTH CARE ENTI- Born-Alive Infants Protection Act. The and manage terrorist incidents involv- bill I introduce today is one of these TIES’’; (2) in subsection (a)(1), by striking ‘‘to per- ing weapons of mass destruction. areas of common ground. However one On April 30, 1998, the Attorney Gen- may feel about abortion, surely we can form such abortions’’ and inserting ‘‘to per- form, provide coverage of, or pay for induced eral delegated authority to the Justice agree on the principle that no one abortions’’; and Department’s Office of Justice Pro- should be forced to participate in an (3) in subsection (c)— grams (OJP) to develop and administer abortion in violation of one’s con- (A) in paragraph (1), by striking ‘‘includes’’ training and equipment assistance pro- science. and inserting ‘‘means’’; and grams for state and local emergency We should all agree that no person or (B) in paragraph (2)— response agencies to better prepare entity should be forced, against their (i) by inserting ‘‘or other health profes- them against this threat. To execute sional,’’ after ‘‘an individual physician’’; will or conscience, to provide, refer for, (ii) by striking ‘‘and a participant’’ and in- this mission, the Office of Justice Pro- or pay for an abortion. No entity serting ‘‘a participant’’; and grams established the Office for Do- should be forced to choose between (iii) by inserting before the period the fol- mestic Preparedness (ODP) to develop being involved in an abortion or losing lowing: ‘‘, a hospital, a provider sponsored and administer a national Domestic its funding, its certification, or its organization, a health maintenance organi- Preparedness Program. ability to exist as a hospital. zation, a health insurance plan, or any other Upon passage of the Homeland Secu- Healthcare entities including physi- kind of health care facility, organization or rity Act of 2002, Pub. L. 107–296, the cians, other health professionals, hos- plan’’. ODP was transferred to the Depart- ment of Homeland Security from OJP. pitals, provider-sponsored organiza- By Mr. ALLARD: tions, health maintenance organiza- S. 1986. A bill to provide for the co- In 2003, a number of grant programs and functions from other DHS compo- tions, and health insurance plans ordination and use of the National Do- nents were consolidated with ODP, in- should not be coerced into providing mestic Preparedness Consortium by cluding the NDPC, under a new DHS abortion services, and they certainly the Department of Homeland Security, agency, the Office of State and Local should not be discriminated against be- and for other purposes; to the Com- Government Coordination and Pre- cause of their objections to providing mittee on Homeland Security and Gov- paredness (SLGCP). or paying for abortions. ernmental Affairs. Current law, as has been interpreted Today, SLGCP is the Federal Govern- Mr. ALLARD. Mr. President, the ment’s lead agency responsible for pre- by some courts, only provides protec- events of the past few months remind tion for individual physicians, post- paring the nation against terrorism by us of the vital role of first responders assisting states, local and tribal juris- graduate physician training programs, in responding to natural disasters and and participants in health professions dictions, and regional authorities as terrorists attacks. First responders are they prevent, deter, and respond to ter- training. This narrow interpretation just that: the first to respond. When excludes from protection those who de- rorist acts. SLGCP’s ODP provides tai- they arrive on the scene, they often lored training to enhance the capacity serve it. The Abortion Non-Discrimina- face fluid and volatile situations of States and local jurisdictions to pre- tion Act of 2005 directly addresses whereupon they are required to make vent, deter, and respond safely and ef- these concerns by clarifying and split-second decisions, each of which fectively to emergency situations. strengthening existing law. This legis- has the potential to affect thousands of ODP draws upon a coalition of lation makes clear that other health lives. For this reason, it is important ‘‘training partners’’ in the development professionals, hospitals, health insur- that our first responders receive the and delivery of state-of-the-art train- ance plans, and any other kind of training and experience needed to ing programs. This coalition is com- health care facility, organization, or make critical life saving decisions posed of government facilities, aca- plan cannot be forced to perform, pro- under emergency circumstances. I be- demic institutions, and private organi- vide coverage of, or pay for an abortion lieve that an essential element of pre- zations, all of which are committed to when it conflicts with their conscience. paring our first responders is to pro- providing a variety of specialized train- These individuals and organizations de- vide them with hands-on experience in ing for emergency responders across serve the freedom to follow their con- simulated, real-world training environ- the country. science in protecting innocent life. ments. ODP’s major training partner is the They should not be forced to suffer fi- The importance of real world train- NDPC, through which ODP identifies, nancial consequences for their choice ing was called to my attention by a develops, tests, and delivers training to not to participate in an abortion. visit to the Technology Training Cen- state and local emergency responders. I am thankful for the Hyde-Weldon ter (TTC) in Pueblo, CO. There, I wit- The NDPC includes: ODP’s Center for conscience protection language that nessed first hand the tools at our dis- Domestic Preparedness (CDP): CDP was included in the Consolidated Ap- posal to equip our first responders with provides advanced, hands-on training propriations Act of 2005, but I believe it the training they need, specifically in to members of the emergency response is appropriate to codify such con- the context of rail and mass transit. community in the areas of command, science protection in Federal law. I am Already aware of the training facilities advanced hazmat, and tactical oper- hopeful the Senate will act to pass the at the disposal of our first responders ations. CDP is the only WMD training Abortion Non-Discrimination Act dur- through the Department of Homeland facility that provides hands-on train- ing this Congress. Security’s National Domestic Pre- ing to civilian emergency responders in

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.055 S09NOPT1 S12616 CONGRESSIONAL RECORD — SENATE November 9, 2005 a toxic chemical agent environment. Nebraska, New Mexico, Oregon, Texas, Whereas the right to vote is one of the New Mexico Institute of Mining and and Washington; and numerous govern- most important rights of a citizen, and every Technology (NMIMT): NMIMT, a world ment agencies, including the U.S. Air effort should be made to promote voter reg- leader in explosives research, serves as Force, Army, Coast Guard, Customs istration at school so that students may begin participating in the foundation of the the lead NDPC partner for explosives, Service, Federal Bureau of Investiga- Nation’s representative democracy; firearms, and incendiary devices train- tions, Environmental Protection Agen- Whereas the Legislature of Louisiana ing. New Mexico Tech also delivers a cy, Drug Enforcement Agency, Na- voted in 2002 to recognize annually the first program on suicide bombing preven- tional Oceanic and Atmospheric Ad- Tuesday in May as National High School tion. Louisiana State University ministration, and the National Trans- Seniors Voter Registration Day; and (LSU): LSU provides training and ex- portation Safety Board. In its 20 year Whereas the purpose of National High pertise in the areas of law enforcement, history, the facility has trained more School Seniors Voter Registration Day is to bioterrorism, agricultural terrorism, than 20,000 students worldwide. allow students to register to vote at school weapons of mass destruction, and mass to encourage their participation in making The ERTC is regarded as the ‘‘grad- democracy work: Now, therefore, be it casualty incidents. Texas A&M Univer- uate school’’ of hazmat training be- Resolved by the Senate (the House of Rep- sity System, Texas Engineering Exten- cause of its focus on hands-on, true to resentatives concurring), That Congress sup- sion Service (TEEX): TEEX develops life, training exercises on actual rail ports the goals and ideals of National High and conducts national WMD prepared- vehicles, including tank cars and pas- School Seniors Voter Registration Day, and ness training for all emergency re- senger rail cars. The ERTC is uniquely encourages all eligible students to register to vote. sponse disciplines, as well as courses in positioned to teach emergency re- incident management/unified com- sponse for railway-related emergencies f mand, threat and risk assessments, op- with 69 railway freight cars, 15 railroad SENATE CURRENT RESOLUTION erations for public works, and WMD op- passenger cars, 25 highway cargo 64—EXPRESSING THE SENSE OF erations for emergency medical serv- tanks, van trailers, and intermodal THE CONGRESS REGARDING ices. TEEX also conducts a structural containers, and computer work sta- OVERSIGHT OF THE INTERNET collapse technician course to build tions equipped with the latest emer- CORPORATION FOR ASSIGNED state capabilities for urban search and gency response software. The Pas- NAMES AND NUMBERS rescue operations. Department of Ener- senger Railcar Security and Integrity Mr. BURNS (for himself, Mr. LEAHY, gy’s Nevada Test Site (NTS): NTS con- Training Facility is currently being de- Mr. INOUYE, Mr. SMITH, Mr. STEVENS, ducts radiological and nuclear training veloped to test various inspection, re- Mr. SUNUNU, Mr. NELSON of Florida, at NTS and via mobile training teams. sponse, and remediation techniques’ ef- and Mrs. HUTCHISON) submitted the fol- It also develops and delivers radio- fectiveness for mitigation to incidents lowing concurrent resolution; which logical/nuclear mobile training at the involving passenger railcars. This facil- was referred to the Committee on Com- awareness and operations levels and ity focuses on chemical, biological, ra- merce, Science, and Transportation: conducts train-the-trainer courses for diological, nuclear, or explosive inci- S. CON. RES. 64 first responders across the country. dents and other activities associated Whereas the origins of the Internet can be Although it consists of an impressive with potential terrorist events. found in United States Government funding array of training facilities, the Na- The distinctive environment of TTC of research to develop packet-switching tional Domestic Preparedness Consor- allows testing and training activities technology and communications networks, tium is not statutorily authorized and to be carried out at a remote Colorado starting with the ‘‘ARPANET’’ network es- does not include a facility that is location without disruption to the flow tablished by the Department of Defense’s Ad- vanced Research Projects Agency in the uniquely focused on emergency pre- of passenger and rail traffic in and paredness within the railroad and mass 1960s and carried forward by the National around urban areas. Its inclusion in the Science Foundation’s ‘‘NSFNET’’. transit environment. Therefore, in ad- NDPC presents a unique opportunity to Whereas in subsequent years the Internet dition to specifically authorizing the enhance technology and training that evolved from a United States Government NDPC, this bill incorporates the Trans- will improve our Nation’s ability to research initiative to a global tool for infor- portation Technology Center into the prevent, minimize, and respond to po- mation exchange as in the 1990s it was com- mercialized by private sector investment, Department of Homeland Security’s tential terrorist attacks similar to National Domestic Preparedness Con- technical management and coordination; those recently seen in London and Ma- Whereas since its inception the authori- sortium, filling a critical gap in its drid. tative root zone server-the file server system current training agenda. It is for these reasons, among others, that contains the master list of all top level TTC is a federally-owned, 52 square that I rise today to introduce a bill domain names made available for routers mile multi-modal testing and training statutorily authorizing the National serving the Internet-has been physically lo- facility in Pueblo, Colorado, operated cated in the United States; Domestic Preparedness Consortium, as Whereas today the Internet is a global by the Association of American Rail- expanded to include the Transportation roads (AAR). In 1985, TTC established communications network of inestimable Technology Center in Pueblo, CO, and value; an on site Emergency Response Train- providing for its coordination and use Whercas the continued success and dyna- ing Center (ERTC) to train railroad of- by the Department of Homeland Secu- mism of the Internet is dependent upon con- ficials to safely handle accidents in- rity in training the Nation’s first re- tinued private sector leadership and the abil- volving tank cars carrying hazardous sponders. ity for all users to participate in its contin- materials. The training proved to be so ued evolution; successful that attendance was opened f Whereas in allowing people all around the SUBMITTED RESOLUTIONS world freely to exchange information, com- up to other emergency responders. TTC municate with one another, and facilitate now serves not only the transportation economic growth and democracy, the Inter- service industry, but also the public net has enormous potential to enrich and sector emergency response community, SENATE CONCURRENT RESOLU- transform human society; the chemical industry, government TION 63—SUPPORTING THE Whereas existing structures have worked agencies, and emergency response con- GOALS AND IDEALS OF NA- effectively to make the Internet the highly tractors from all over the world. TIONAL HIGH SCHOOL SENIORS robust medium that it is today; VOTER REGISTRATION DAY Whereas the security and stability of the Each year, an average of 1,700 first Internet’s underlying infrastructure, the do- responders—from Portland, ME to Mr. VITTER submitted the following main name and addressing system, must be Portland, OR—travel to Pueblo, CO, to resolution; which was referred to the maintained; participate in TTC’s training program. Committee on Rules and Administra- Whereas the United States has been com- Former participants include over 600 tion: mitted to the principles of freedom of expres- fire departments and entities from 45 sion and the free flow of information, as ex- S. CON. RES. 63 pressed in Article 19 of the Universal Dec- states; 16 state police agencies from Whereas in order for the Government of laration of Human Rights, and reaffirmed in Arkansas, Colorado, Idaho, Illinois, In- the United States to remain of the people, by the Geneva Declaration of Principles adopt- diana, Kentucky, Louisiana, Massachu- the people, and for the people, individuals ed at the first phase of the World Summit on setts, Michigan, Missouri, New Jersey, must take advantage of their right to vote; the Information Society;

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.058 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12617

Whereas the U.S. Principles on the Inter- SESSIONS, and Mr. TALENT) submitted an SA 2498. Mr. WARNER (for Mr. LEVIN) pro- net’s Domain Name and Addressing System, amendment intended to be proposed by him posed an amendment to the bill S. 1042, issued on June 30, 2005, represent an appro- to the bill S. 1042, supra; which was ordered supra. priate framework for the coordination of the to lie on the table. SA 2499. Mr. WARNER proposed an amend- system at the present time; SA 2476. Mr. DORGAN (for himself, Mr. ment to amendment SA 1396 proposed by Mr. Whereas the Internet Corporation for As- DURBIN, Mrs. BOXER, and Mr. LAUTENBERG) WARNER (for Mr. STEVENS!) TO THE BILL S. 1042 signed Names and Numbers popularly known proposed an amendment to the bill S. 1042, SUPRA. as ICANN, is the proper organization to co- supra. SA 2500. Mr. WARNER proposed an amend- ordinate the technical day-to-day operation SA 2477. Mr. TALENT (for himself, Mr. ment to the bill S. 1042, supra. of the Internet’s domain name and address- WARNER, Mr. STEVENS, Mr. CHAMBLISS, Mr. SA 2501. Mr. WARNER (for Mr. NELSON, OF ing system; CORNYN, Mr. LIEBERMAN, Mrs. BOXER, Mrs. FLORIDA) proposed an amendment to the bill Whereas all stakeholders from around the FEINSTEIN, Ms. COLLINS, Mr. DEWINE, Mr. S. 1042, supra. world, including governments, are encour- DODD, and Mr. INHOFE) submitted an amend- SA 2502. Mr. WARNER (for himself and Mr. aged to advise ICANN in its decision-making; ment intended to be proposed by him to the LEVIN) proposed an amendment to the bill S. Whereas ICANN makes significant efforts bill S. 1042, supra. 1042, supra. to ensure that the views of governments and SA 2478. Mr. LAUTENBERG proposed an SA 2503. Mr. WARNER (for Mr. ALLARD (for all Internet stakeholders are reflected in its amendment to the bill S. 1042, supra. himself and Mr. SALAZAR)) proposed an SA 2479. Mrs. FEINSTEIN submitted an activities; amendment to the bill S. 1042, supra. amendment intended to be proposed to Whereas governments have legitimate con- SA 2504. Mr. WARNER (for Mr. ROBERTS) amendment SA 2445 submitted by Mr. cerns with respect to the management of proposed an amendment to the bill S. 1042, BROWNBACK (for himself, Mr. INHOFE, and Mr. their country code top level domains; supra. DEMINT) and intended to be proposed to the Whereas the United States Government is SA 2505. Mr. WARNER (for Mr. INOUYE) bill S. 1042, supra; which was ordered to lie committed to working successfully with the proposed an amendment to the bill S. 1042, on the table supra. international community to address those SA 2480. Mrs. FEINSTEIN submitted an concerns, bearing in mind the need for sta- SA 2506. Mr. WARNER (for Mrs. HUTCHISON amendment intended to be proposed to (for herself, Mr. VOINOVICH, and Mr. NELSON, bility and security of the Internet’s domain amendment SA 2475 submitted by Mr. name and addressing system; of Florida)) proposed an amendment to the BROWNBACK (for himself, Mr. COBURN, Mr. bill S. 1042, supra. Whereas the topic of Internet governance, DEMINT, Mr. INHOFE, Mr. SESSIONS, and Mr. a as currently being discussed in the United TALENT) and intended to be proposed to the f Nations World Summit on the Information bill S. 1042, supra; which was ordered to lie TEXT OF AMENDMENTS Society is a broad and complex topic; on the table. Whereas it is appropriate for governments SA 2481. Mr. SALAZAR (for himself, Mr. SA 2474. Mr. MARTINEZ (for himself and other stakeholders to discuss Internet LAUTENBERG, Mr REED, Mr. DURBIN, and Mr. and Mr. WARNER) submitted an amend- governance, given that the Internet will KYL) submitted an amendment intended to ment intended to be proposed by him likely be an increasingly important part of be proposed by him to the bill S. 1042, supra; to the bill S. 1042, to authorize appro- the world economy and society in the 21st which was ordered to lie on the table. priations for fiscal year 2006 for mili- Century; SA 2482. Mr. DEWINE submitted an amend- Whereas Internet governance discussions ment intended to be proposed by him to the tary activities of the Department of in the World Summit should focus on the bill S. 1042, supra; which was ordered to lie Defense, for military construction, and real threats to the Internet’s growth and sta- on the table. for defense activities of the Depart- bility, and not recommend changes to the SA 2483. Mr. DURBIN (for Mr. BAYH (for ment of Energy, to prescribe personnel current regime of domain name and address- himself, Mr. DURBIN, and Ms. LANDRIEU)) pro- strengths for such fiscal year for the ing system management and coordination on posed an amendment to the bill S. 1042, Armed Forces, and for other purposes; political grounds unrelated to any technical supra. which was ordered to lie on the table; need; and SA 2484. Mr. WARNER (for Mr. SANTORUM) Whereas market-based policies and private proposed an amendment to the bill S. 1042, as follows: sector leadership have allowed this medium supra. At the end of subtitle C of title III, add the the f1exibility to innovate and evolve: Now, SA 2485. Mr. WARNER (for Mr. AKAKA) pro- following: therefore, be it posed an amendment to the bill S. 1042, SEC. ll. IMPROVEMENT OF AUTHORITIES ON Resolved by the Senate (the House of Rep- supra. GENERAL GIFT FUNDS OF THE DE- resentatives concurring), That it is the sense SA 2486. Mr. WARNER (for Mr. ENSIGN) PARTMENT OF DEFENSE. proposed an amendment to the bill S. 1042, of Congress that— (a) RESTATEMENT AND EXPANSION OF CUR- supra. (1) it is incumbent upon the United States RENT AUTHORITY.—Subsection (a) of section SA 2487. Mr. WARNER (for Mr. ENSIGN) and other responsible governments to send 2601 of title 10, United States Code, is amend- proposed an amendment to the bill S. 1042, clear signals to the marketplace that the ed to read as follows: supra. ‘‘(a)(1) Subject to subsection (b), the Sec- current structure of oversight and manage- SA 2488. Mr. WARNER (for Mr. COLEMAN) ment of the Internet’s domain name and ad- retary concerned may accept, hold, admin- proposed an amendment to the bill S. 1042, ister, and spend any gift, devise, or bequest dressing service works, and will continue to supra. deliver tangible benefits to Internet users of real or personal property made on the con- SA 2489. Mr. WARNER (for Mr. BINGAMAN dition that it be used for the benefit, or in worldwide in the future; and (for himself and Mr. DOMENICI)) proposed an (2) therefore the authoritative root zone connection with, the establishment, oper- amendment to the bill S. 1042, supra. ation, or maintenance of a school, hospital, server should remain physically located in SA 2490. Mr. WARNER (for Mr. SALAZAR) library, museum, cemetery, or other institu- the United States and the Secretary of Com- proposed an amendment to the bill S. 1042, tion or organization under the jurisdiction of merce should maintain oversight of ICANN supra. so that ICANN can continue to manage the SA 2491. Mr. WARNER proposed an amend- such Secretary. ‘‘(2)(A) Subject to subsection (b), the Sec- day-to-day operation of the Internet’s do- ment to the bill S. 1042, supra. retary concerned may accept, hold, admin- main name and addressing system well, re- SA 2492. Mr. WARNER (for Mr. KENNEDY ister, and spend any gift, devise, or bequest main responsive to all Internet stakeholders (for himself, Ms. COLLINS, Mr. ROBERTS, Mr. of real or personal property made on the con- world-wide, and otherwise fulfill its core SANTORUM, Ms. MIKULSKI, Mr. LIEBERMAN, dition that it be used for the benefit of mem- technical mission. Mr. ALEXANDER, Mrs. CLINTON, Mrs. DOLE, bers of the armed forces or civilian employ- f Ms. SNOWE, Mr. BINGAMAN, Mr. REED, and Mr. SESSIONS)) proposed an amendment to ees of United States Government, or the de- AMENDMENTS SUBMITTED AND the bill S. 1042, supra. pendents or survivors of such members or PROPOSED SA 2493. Mr. WARNER proposed an amend- employees, who are wounded or killed while ment to the bill S. 1042, supra. serving in Operation Iraqi Freedom, Oper- SA 2474. Mr. MARTINEZ (for himself and SA 2494. Mr. WARNER (for Mr. BYRD) pro- ation Enduring Freedom, or any other mili- Mr. WARNER) submitted an amendment in- posed an amendment to the bill S. 1042, tary operation or activity, or geographic tended to be proposed by him to the bill S. supra. area, designated by the Secretary of Defense 1042, to authorize appropriations for fiscal SA 2495. Mr. WARNER (for Mr. DODD (for for purposes of this section. year 2006 for military activities of the De- himself and Mr. KENNEDY)) submitted an ‘‘(B) The Secretary of Defense shall pre- partment of Defense, for military construc- amendment intended to be proposed by Mr. scribe regulations specifying the conditions tion, and for defense activities of the Depart- Warner to the bill S. 1042, supra. that may be attached to a gift, devise, or be- ment of Energy, to prescribe personnel SA 2496. Mr. WARNER (for Mr. SANTORUM) quest accepted under this paragraph. strengths for such fiscal year for the Armed proposed an amendment to the bill S. 1042, ‘‘(C) The authority to accept gifts, devises, Forces, and for other purposes; which was or- supra. or bequests under this paragraph shall expire dered to lie on the table. SA 2497. Mr. WARNER (for Mr. KERRY) pro- on December 31, 2007. SA 2475. Mr. BROWNBACK (for himself, posed an amendment to the bill S. 1042, ‘‘(3) The Secretary concerned may pay all Mr. COBURN, Mr. DEMINT, Mr. INHOFE, Mr. supra. necessary expenses in connection with the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.062 S09NOPT1 S12618 CONGRESSIONAL RECORD — SENATE November 9, 2005 conveyance or transfer of a gift, devise, or the physician’s intent to perform the abor- actual age or identity or failed to use due bequest made under this subsection.’’. tion to— diligence in determining the minor’s age or (b) SCOPE OF AUTHORITY TO USE ACCEPTED ‘‘(i) the member of the armed forces, or an- identity. PROPERTY.—Such section is further amend- other parent of the minor, if the minor has ‘‘(d) JUDICIAL APPROVAL.—(1) A pregnant ed— no managing conservator or guardian; or unemancipated minor who is a child of a (1) by redesignating subsections (b), (c) and ‘‘(ii) a court-appointed managing conser- member of the armed forces and who wishes (d) as subsections (c), (d), and (e), respec- vator or guardian; to have an abortion using facilities of the tively; and ‘‘(B) the judge of an appropriate district Department of Defense without notification (2) by inserting after subsection (a) the fol- court of the United States issues an order to the member of the armed forces, another lowing new subsection (b): authorizing the minor to consent to the parent, her managing conservator, or her ‘‘(b)(1) Except as provided in paragraph (2), abortion as provided by subsection (d) or (e); guardian may file an application for a court property accepted under subsection (a) may ‘‘(C) the appropriate district court of the order authorizing the minor to consent to be used by the Secretary concerned without United States by its inaction constructively the performance of an abortion without noti- further specific authorization in law. authorizes the minor to consent to the abor- fication to either of her parents or a man- ‘‘(2) Property accepted under subsection (a) tion as provided by subsection (d) or (e); or aging conservator or guardian. may not be used— ‘‘(D) the physician performing the abor- ‘‘(2) Any application under this subsection ‘‘(A) if the use of such property in connec- tion— may be filed in any appropriate district tion with any program, project, or activity ‘‘(i) concludes that on the basis of the phy- court of the United States. In the case of a would result in the violation of any prohibi- sician’s good faith clinical judgment, a con- minor who elects not to travel to the United tion or limitation otherwise applicable to dition exists that complicates the medical States in pursuit of an order authorizing the such program, project, or activity; condition of the minor and necessitates the abortion, the court may conduct the pro- ‘‘(B) if the conditions attached to such immediate abortion of her pregnancy to ceedings in the case of such application by property are inconsistent with applicable avert her death or to avoid a serious risk of telephone. law or regulations; substantial and irreversible impairment of a ‘‘(3) An application under this subsection ‘‘(C) if the use of such property would re- major bodily function; and shall be made under oath and include— flect unfavorably on ability of the Depart- ‘‘(ii) certifies in writing to the appropriate ‘‘(A) a statement that the minor is preg- ment of Defense, any employee of the De- medical official of the Department of De- nant; partment, or any member of the armed fense, and in the patient’s medical record, ‘‘(B) a statement that the minor is unmar- forces to carry out any responsibility or the medical indications supporting the phy- ried, is under 18 years of age, and has not had duty of the Department in a fair and objec- sician’s judgment that the circumstances de- her disabilities removed; tive manner; or scribed by clause (i) exist. ‘‘(C) a statement that the minor wishes to ‘‘(D) if the use of such property would com- ‘‘(2) If a person to whom notice may be have an abortion without the notification of promise the integrity or appearance of integ- given under paragraph (1)(A) cannot be noti- either of her parents or a managing conser- rity of any program of the Department of fied after a reasonable effort, a physician vator or guardian; and Defense, or any individual involved in such a may perform an abortion if the physician ‘‘(D) a statement as to whether the minor program.’’. gives 48 hours constructive notice, by cer- has retained an attorney and, if she has re- (c) CONFORMING AMENDMENT.—Subsection tified mail, restricted delivery, sent to the tained an attorney, the name, address, and (c) of such section, as redesignated by sub- last known address, to the person to whom telephone number of her attorney. section (b)(1) of this section, is further notice may be given under that paragraph. ‘‘(4) The court shall appoint a guardian ad amended in the flush matter following para- The period under this paragraph begins when litem for the minor. If the minor has not re- graph (4) by striking ‘‘benefit or use of the the notice is mailed. If the person required tained an attorney, the court shall appoint designated institution or organization’’ and to be notified is not notified within the 48- an attorney to represent the minor. If the inserting ‘‘purposes specified in subsection hour period, the abortion may proceed even guardian ad litem is an attorney, the court (a)’’. if the notice by mail is not received. may appoint ad litem to serve (d) GAO AUDITS.—Such section is further ‘‘(3) The requirement that 48 hours actual as the minor’s attorney. amended by adding at the end the following notice be provided under this subsection may ‘‘(5) The court may appoint to serve as new subsection: be waived by an affidavit of— guardian ad litem for a minor— ‘‘(f) The Comptroller General of the United ‘‘(A) the member of the armed forces con- ‘‘(A) a psychiatrist or an individual li- States shall make periodic audits of real or cerned, or another parent of the minor, if the censed or certified as a psychologist; personal property accepted under subsection minor has no managing conservator or ‘‘(B) a member of the clergy; (a) at such intervals as the Comptroller Gen- guardian; or ‘‘(C) a grandparent or an adult brother, sis- eral determines to be warranted. The Comp- ‘‘(B) a court-appointed managing conser- ter, aunt, or uncle of the minor; or troller General shall submit to Congress a vator or guardian. ‘‘(D) another appropriate person selected report on the results of each such audit.’’. ‘‘(4) A physician may execute for inclusion by the court. in the minor’s medical record an affidavit ‘‘(6) The court shall determine within 48 SA 2475. Mr. BROWNBACK (for him- stating that, according to the best informa- hours after the application is filed whether the minor is mature and sufficiently well-in- self, Mr. COBURN, Mr. DEMINT, Mr. tion and belief of the physician, notice or constructive notice has been provided as re- formed to make the decision to have an abor- INHOFE, Mr. SESSIONS, and Mr. TALENT) quired by this subsection. Execution of an af- tion performed without notification to either submitted an amendment intended to fidavit under this paragraph creates a pre- of her parents or a managing conservator or be proposed by him to the bill S. 1042, sumption that the requirements of this sub- guardian, whether notification would not be to authorize appropriations for fiscal section have been satisfied. in the best interest of the minor, or whether year 2006 for military activities of the ‘‘(5) A certification required by paragraph notification may lead to physical, sexual, or Department of Defense, for military (1)(D) is confidential and privileged and is emotional abuse of the minor. If the court construction, and for defense activities not subject to disclosure, discovery, sub- finds that the minor is mature and suffi- of the Department of Energy, to pre- poena, or other legal process. Personal or ciently well informed, that notification identifying information about the minor, in- would not be in the minor’s best interest, or scribe personnel strengths for such fis- cluding her name, address, or social security that notification may lead to physical, sex- cal year for the Armed Forces, and for number, may not be included in a certifi- ual, or emotional abuse of the minor, the other purposes; which was ordered to cation under paragraph (1)(D). The physician court shall enter an order authorizing the lie on the table; as follows: must keep the medical records on the minor minor to consent to the performance of the At the appropriate place, insert the fol- in compliance with regulations prescribed by abortion without notification to either of lowing: the Secretary of Defense. her parents or a managing conservator or SEC. ll. PROTECTION OF CHILDREN AND PA- ‘‘(6) A physician who intentionally per- guardian and shall execute the required RENTAL INVOLVEMENT IN THE PER- forms an abortion on a pregnant forms. FORMANCE OF ABORTIONS FOR DE- unemancipated minor in violation of this ‘‘(7) If the court fails to rule on the appli- PENDENT CHILDREN OF MEMBERS subsection commits an offense punishable by cation within the period specified in para- OF THE ARMED FORCES. a fine not to exceed $10,000. graph (6), the application shall be deemed to Section 1093 of title 10, United States Code, ‘‘(7) It is a defense to prosecution under be granted and the physician may perform is amended by adding at the end the fol- this subsection that the minor falsely rep- the abortion as if the court had issued an lowing new subsections: resented her age or identity to the physician order authorizing the minor to consent to ‘‘(c) PARENTAL NOTICE.—(1) A physician to be at least 18 years of age by displaying an the performance of the abortion without no- may not use facilities of the Department of apparently valid governmental record of tification under subsection (c). Defense to perform an abortion on a preg- identification such that a reasonable person ‘‘(8) If the court finds that the minor does nant unemancipated minor who is a child of under similar circumstances would have re- not meet the requirements of paragraph (6), a member of the armed forces unless— lied on the representation. The defense does the court may not authorize the minor to ‘‘(A) the physician gives at least 48 hours not apply if the physician is shown to have consent to an abortion without the notifica- actual notice, in person or by telephone, of had independent knowledge of the minor’s tion authorized under subsection (c)(1).

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.064 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12619 ‘‘(9) The court may not notify a parent, ‘‘(B) if the minor is seeking an abortion at SEC.ll02. SPECIAL COMMITTEE ON WAR AND managing conservator, or guardian that the a particular Department of Defense facility RECONSTRUCTION CONTRACTING. minor is pregnant or that the minor wants to outside the United States or its territories— There is established a special committee of have an abortion. The court proceedings ‘‘(i) if the minor elects to travel to the the Senate to be known as the Special Com- shall be conducted in a manner that protects United States in pursuit of an order author- mittee on War and Reconstruction Con- the anonymity of the minor. The application izing the abortion, the district court of the tracting hereafter in this title referred to as and all other court documents pertaining to United States having proper venue in the the ‘‘Special Committee’’). the proceedings are confidential and privi- district in which the minor first arrives from SEC.ll03. PURPOSE AND DUTIES. leged and are not subject to disclosure, dis- outside the United States; or (a) PURPOSE.—The purpose of the Special covery, subpoena, or other legal process. The ‘‘(ii) if the minor elects not to travel to the Committee is to investigate the awarding minor may file the application using a pseu- United States in pursuit of an order author- and performance of contracts military, secu- donym or using only her initials. izing the abortion, the district court of the rity, and reconstruction activities in Af- ‘‘(10) An order of the court issued under United States for the district in which the ghanistan and Iraq and to support the pros- this subsection is confidential and privileged minor last resided. ecution of the war on terrorism. and is not subject to disclosure, discovery, ‘‘(3) The term ‘fetus’ means an individual (B) DUTIES.—The Special Committee shall subpoena, or other legal process. The order human organism from fertilization until examine the contracting actions described in may not be released to any person but the birth. subsection (a) and report on such actions, in pregnant minor, the pregnant minor’s guard- ‘‘(4) The term ‘guardian’ means a court-ap- accordance with this section, regarding— ian ad litem, the pregnant minor’s attorney, pointed guardian of the person of the minor. (1) bidding, contracting, accounting, and another person designated to receive the ‘‘(5) The term ‘physician’ means an indi- auditing standards for Federal Government order by the minor, or a governmental agen- vidual licensed to practice medicine. contracts; cy or attorney in a criminal or administra- ‘‘(6) The term ‘unemancipated minor’ in- (2) methods of contracting, including sole- tive action seeking to assert or protect the cludes a minor who is not a member of the source contracts and limited competition or interest of the minor. armed forces and who— non-competitive contracts; ‘‘(11) A filing fee is not required of and ‘‘(A) is unmarried; and (3) subcontracting under large, comprehen- court costs may not be assessed against a ‘‘(B) has not had any disabilities of minor- sive contracts; minor filing an application under this sub- ity removed.’’. (4) oversight procedures; section. (5) consequences of cost-plus and fixed price contracting; ‘‘(e) APPEAL.—(1) A minor whose applica- SA 2476. Mr. DORGAN (for himself, (6) allegations of wasteful and fraudulent tion under subsection (d) is denied may ap- Mr. DURBIN, Mrs. BOXER, and Mr. LAU- practices; peal to the court of appeals of the United TENBERG) proposed an amendment to (7) accountability of contractors and Gov- States having jurisdiction of the district the bill S. 1042, to authorize appropria- ernment officials involved in procurement court of the United States that denied the tions for fiscal year 2006 for military and contracting; application. If the court of appeals fails to (8) penalties for violations of law and rule on the appeal within 48 hours after the activities of the Department of De- fense, for military construction, and abuses in the awarding and performance of appeal is filed, the appeal shall be deemed to Government contracts; and be granted and the physician may perform for defense activities of the Depart- (9) lessons learned from the contracting the abortion using facilities of the Depart- ment of Energy, to prescribe personnel process used in Iraq and Afghanistan and in ment of Defense as if the court had issued an strengths for such fiscal year for the connection with the war on terrorism with order authorizing the minor to consent to Armed Forces, and for other purposes; respect to the structure, coordination, man- the performance of the abortion using facili- as follows: agement policies, and procedures of the Fed- ties of the Department of Defense without At the appropriate place, insert the fol- eral Government. notification under subsection (c). Pro- NVESTIGATION OF WASTEFUL AND lowing: (c) I ceedings under this subsection shall be given FRAUDULENT PRACTICES.—The investigation precedence over other pending matters to TITLE—SPECIAL COMMITTEE OF SEN- by the Special Committee of allegations of the extent necessary to assure that the court ATE ON WAR AND RECONSTRUCTION wasteful and fraudulent practices under sub- reaches a decision promptly. CONTRACTING section (b)(6) shall include investigation of ‘‘(2) A ruling of the court of appeals under SEC.ll01. FINDINGS. allegations regarding any contract or spend- this subsection is confidential and privileged ing entered into, supervised by, or otherwise and is not subject to disclosure, discovery, Congress makes the following findings: (1) The wars in Iraq and Afghanistan have involving the Coalition Provisional Author- subpoena, or other legal process. The ruling ity, regardless of whether or not such con- may not be released to any person but the exerted very Large demands on the Treasury of the United States and required tremen- tract or spending involved appropriated pregnant minor, the pregnant minor’s guard- funds of the United States. ian ad litem, the pregnant minor’s attorney, dous sacrifice by the members of the Armed Forces of the United States. (d) EVIDENCE CONSIDERED.—In carrying out another person designated to receive the rul- its duties, the Special Committee shall as- (2) Congress has a constitutional responsi- ing by the minor, or a governmental agency certain and evaluate the evidence developed bility to ensure comprehensive oversight of or attorney in a criminal or administrative by all relevant governmental agencies re- the expenditure of United States Govern- action seeking to assert or protect the inter- garding the facts and circumstances relevant ment funds. est of the minor. to contracts described in subsection (a) and (3) Waste and corporate abuse of United ‘‘(3) A filing fee is not required of and court any contract or spending covered by sub- States Government resources are particu- costs may not be assessed against a minor section (c). filing an appeal under this subsection. larly unacceptable and reprehensible during times of war. SEC.ll04. COMPOSITION OF SPECIAL COM- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in MITTEE. (4) The magnitude of the funds involved in subsections (c), (d), or (e) shall be construed (a) MEMBERSHIP.— the reconstruction of Afghanistan and Iraq to create any exemption to the restrictions (1) IN GENERAL.—The Special Committee contained in subsections (a) and (b). and the war on terrorism, together with the shall consist of 7 members of the Senate of ‘‘(g) DEFINITIONS.—In this section: speed with which these funds have been com- whom— ‘‘(1) The term ‘abortion’ means the use of mitted, presents a challenge to the effective (A) 4 members shall be appointed by the any means at a medical facility of the De- performance of the traditional oversight President pro tempore of the Senate, in con- partment of Defense to terminate the preg- function of Congress and the auditing func- sultation with the majority leader of the nancy of a female known by an attending tions of the executive branch. Senate; and physician to be pregnant, with the intention (5) The Senate Special Committee to Inves- (B) 3 members shall be appointed by the that the termination of the pregnancy by tigate the National Defense Program, popu- minority leader of the Senate. those means will with reasonable likelihood larly know as the Truman Committee, which (2) DATE.—The appointments of the mem- cause the death of the fetus. The term ap- was established during World War II, offers a bers of the Special Committee shall be made plies only to an unemancipated minor known constructive precedent for bipartisan over- not later than 90 days after the date of the by an attending physician to be pregnant sight of wartime contracting that can also enactment of this Act. and may not be construed to limit a minor’s be extended to wartime and postwar recon- (b) VACANCIES.—Any vacancy in the Spe- access to contraceptives. struction activities. cial Committee shall not affect its powers, ‘‘(2) The term ‘appropriate district court of (6) The Truman Committee is credited with but shall be filled in the same manner as the the United States’ means— an extremely successful investigative effort, original appointment. ‘‘(A) with respect to a proposed abortion at performance of a significant public edu- (c) SERVICE.—Service of a Senator as a a particular Department of Defense medical cation role, and achievement of fiscal sav- member, chairman, or ranking member of facility in the United States or its terri- ings measured in the billions of dollar. the Special Committee shall not be taken tories, the district court of the United States (7) The public has a right to expect that into account for the purposes of paragraph having proper venue in relation to that facil- taxpayer resources will be carefully dis- (4) of rule XXV of the Standing Rules of the ity; or bursed and honestly spent. Senate.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.064 S09NOPT1 S12620 CONGRESSIONAL RECORD — SENATE November 9, 2005

(d) CHAIRMAN AND RANKING MEMBER.—The SEC. ll07. REPORTS. ance with regulations prescribed by the Com- chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the designated by the majority leader of the Sen- mittee shall submit to the Senate a report Senate. ate, and the ranking member of the Special on the investigation conducted pursuant to SEC. ll09. TERMINATION. Committee shall be designated by the minor- section ll03 not later than 270 days after The Special Committee shall terminate on ity leader of the Senate. the appointment of the Special Committee February 28, 2007. (e) QUORUM.— members. SEC. ll10. SENSE OF SENATE ON CERTAIN (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- CLAIMS REGARDING THE COALITION jority of the members of the Special Com- mittee shall submit an updated report on PROVISIONAL AUTHORITY. mittee shall constitute a quorum for the pur- such investigation not later than 180 days It is the sense of the Senate that any claim pose of reporting a matter or recommenda- after the submission of the report under sub- of fraud, waste, or abuse under the False tion to the Senate. section (a). Claims Act that involves any contract or (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special spending by the Coalition Provisional Au- Committee shall constitute a quorum for the Committee may submit any additional re- thority should be considered a claim against purpose of taking testimony. port or reports that the Special Committee the United States Government. (3) OTHER BUSINESS.—A majority of the considers appropriate. 1 SA 2477. Mr. TALENT (for himself, members of the Special Committee, or ⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The the members of the Special Committee if at reports under this section shall include find- Mr. WARNER, Mr. STEVENS, Mr. least one member of the minority party is ings and recommendations of the Special CHAMBLISS, Mr. CORNYN, Mr. present, shall constitute a quorum for the Committee regarding the matters considered LIEBERMAN, Mrs. BOXER, Mrs. FEIN- purpose of conducting any other business of under section ll03. STEIN, Ms. COLLINS, Mr. DEWINE, Mr. the Special Committee. (e) DISPOSITION OF REPORTS.—Any report DODD, and Mr. INHOFE) submitted an SEC. ll05. RULES AND PROCEDURES. made by the Special Committee when the amendment intended to be proposed by (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to him to the bill S. 1042, to authorize ap- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by propriations for fiscal year 2006 for the Special Committee shall be referred to provided in this resolution, the investiga- military activities of the Department tion, study, and hearings conducted by the the committee or committees that have ju- Special Committee shall be governed by the risdiction over the subject matter of the re- of Defense, for military construction, Standing Rules of the Senate. port. and for defense activities of the De- (b) ADDITIONAL RULES AND PROCEDURES.— SEC. ll08. ADMINISTRATIVE PROVISIONS. partment of Energy, to prescribe per- The Special Committee may adopt addi- (A) STAFF.— sonnel strengths for such fiscal year tional rules or procedures of the chairman (1)(1) IN GENERAL.—The Special Committee for the Armed Forces, and for other and ranking member agree that such addi- may employ in accordance with paragraph purposes; as follows: tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- Strike section 131 and insert the following: enable the Special Committee to conduct the tigatory, legal, technical, and other per- SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER- investigation, study, and hearings author- sonnel as the Special Committee, or the THEATER AIRLIFT REQUIREMENTS. ized by this resolution. Any such additional chairman or the ranking member, considers (a) MULTIYEAR PROCUREMENT AUTHOR- rules and procedures— necessary or appropriate. IZED.—The Secretary of the Air Force may, (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— in accordance with section 2306b of title 10, lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee United States Code, enter into a multiyear and shall appoint a staff for the majority, a staff contract, beginning with the fiscal year 2006 (2) shall become effective upon publication for the minority, and a nondesignated staff. program year, for the procurement of up to in the Congressional Record. (B) MAJORITY STAFF.—The minority staff 42 additional C–17 aircraft. SEC. ll06. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by (b) CERTIFICATION REQUIRED.—Before the (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- exercise of the authority in subsection (a), may exercise all of the powers and respon- eral supervision and direction of the chair- the Secretary of Defense shall submit to the sibilities of a committee under rule XXVI of man. congressional defense committees a certifi- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff cation that the additional airlift capacity to (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by be provided by the C–17 aircraft to be pro- at its direction, any subcommittee or mem- the ranking member of the Special Com- cured under the authority is consistent with ber of the Special Committee, may, for the mittee, and shall work under the general su- the quadrennial defense review under section purpose of carrying out this resolution— pervision and direction of such member. 118 of title 10, United States Code, to be sub- (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated mitted to Congress with the budget of the times and places, take such testimony, re- staff shall be appointed, and may be re- President for fiscal year 2007 (as submitted ceive such evidence, and administer such moved, jointly by the chairman and the under section 1105(a) of title 31, United oaths as the Special Committee or such sub- ranking member, and shall work under the States Code), as qualified by subsection (c). committee or member considers advisable; joint general supervision and direction of the (c) ADDITIONAL EXPLANATION OF INTER-THE- and chairman and ranking member. ATER AIRLIFT REQUIREMENTS.— (2) require, by subpoena or otherwise, the (b) COMPENSATION. (1) INCLUSION IN QUADRENNIAL DEFENSE RE- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall VIEW.—The Secretary of Defense shall, as and the production of such books, records, fix the compensation of all personnel of the part of the quadrennial defense review in 2005 correspondence, memoranda, papers, docu- majority staff of the Special Committee. and in accordance with the provisions of sec- ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member tion 118(d)(9) of title 10, United States Code, Committee considers advisable. shall fix the compensation of all personnel of carry out an assessment of the inter-theater (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. airlift capabilities required to support the POENAS.— (3) NONDESIGNATED STAFF.—The chairman national defense strategy. (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the (2) ADDITIONAL INFORMATION.—In including section (b) shall bear the signature of the compensation of all nondesignated staff of the assessment required by paragraph (1) in Chairman of the Special Committee and the Special Committee, within the budget the quadrennial defense review as required shall be served by any person or class of per- approved for such purposes for the Special by that paragraph, the Secretary shall ex- sons designated by the Chairman for that Committee. plain how the recommendations for future purpose. (c) REIMBURSEMENT OF EXPENSES.—The airlift force structure requirements in that (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- quadrennial defense review take into ac- macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and count the following: under subsection (a), the United States dis- other necessary expenses incurred by such (A) The increased airlift demands associ- trict court for the judicial district in which staff members in the performance of their ated with the Army modular brigade combat the subpoenaed person resides, is served, or functions for the Special Committee. teams. may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be (B) The objective to deliver a brigade com- such person to appear at any designated paid out of the applicable accounts of the bat team anywhere in the world within four place to testify or to produce documentary Senate such sums as may be necessary for to seven days, a division within 10 days, and or other evidence. Any failure to obey the the expenses of the Special Committee. Such multiple divisions within 20 days. order of the court may be punished by the payments shall be made on vouchers signed (C) The increased airlift demands associ- court as a contempt of that court. by the chairman of the Special Committee ated with the expanded scope of operational (d) MEETINGS.—The Special Committee and approved in the manner directed by the activities of the Special Operations forces. may sit and act at any time or place during Committee on Rules and Administration of (D) The realignment of the overseas basing sessions, recesses, and adjournment periods the Senate. Amounts made available under structure in accordance with the Integrated of the Senate. this subsection shall be expended in accord- Presence and Basing Strategy.

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.074 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12621 (E) Adjustments in the force structure to ‘‘(D) it is necessary to preserve the life or propriations for fiscal year 2006 for meet homeland defense requirements. health of the minor.’’. military activities of the Deparment of (F) The potential for simultaneous home- Defense, for military construction, and land defense activities and major combat op- SA 2480. Mrs. FEINSTEIN submitted for defense activities of the Depart- erations. an amendment intended to be proposed (G) Potential changes in requirements for ment of Energy, to prescribe personnel to amendment SA 2475 submitted by strengths for such fiscal year for the intra-theater airlift or sealift capabilities. Mr. BROWNBACK (for himself, Mr. (d) MAINTENANCE OF C–17 AIRCRAFT PRO- Armed Forces, and for other purposes; COBURN, Mr. DEMINT, Mr. INHOFE, Mr. DUCTION LINE.—In the event the Secretary of which was ordered to lie on the table; Defense is unable to make the certification SESSIONS, and Mr. TALENT) and in- as follows: specified in subsection (b), the Secretary of tended to be proposed to the bill S. 1042, to authorize appropriations for At the end of subtitle B of title VII, add the Air Force should procure sufficient C–17 the following: aircraft to maintain the C–17 aircraft pro- fiscal year 2006 for military activities duction line at not less than the minimum SEC. 718. STUDY AND REPORTS ON CIVILIAN AND of the Department of Defense, for mili- MILITARY PARTNERSHIP PROJECT. sustaining rate until sufficient flight test tary construction, and for defense ac- (a) STUDY.—The Secretary of the Air Force data regarding improved C–5 aircraft mission tivities of the Department of Energy, shall conduct a study on the progress and capability rates as a result of the Reliability success of the implementation of the mili- Enhancement and Re-engining Program and to prescribe personnel strengths for tary and civilian partnership project. Avionics Modernization Program have been such fiscal year for the Armed Forces, (b) REPORTS.— obtained to determine the validity of as- and for other purposes; which was or- dered to lie on the table; as follows: (1) INTERIM REPORT.—Not later than March sumptions concerning the C–5 aircraft used 1, 2006, the Secretary of the Air Force shall in the Mobility Capabilities Study. On page 3 of the amendment, strike lines 3 submit to the appropriate congressional through 17, and insert the following: Mr. LAUTENBERG proposed committees an interim report on the imple- SA 2478. ‘‘(D) it is necessary to preserve the life or mentation of the military and civilian part- an amendment to the bill S. 1042, to au- health of the minor.’’. nership project. The interim report shall spe- thorize appropriations for fiscal year cifically describe any issues that require ac- 2006 for military activities of the De- SA 2481. Mr. SALAZAR (for himself, tion by Congress in order to fully implement partment of Defense, for military con- Mr. LAUTENBERG, Mr. REED, Mr. DUR- such project. struction, and for defense activities of BIN, and Mr. KYL) submitted an amend- (2) FINAL REPORT.—Not later than Decem- the Department of Energy, to prescribe ment intended to be proposed by him ber 31, 2006, the Secretary of the Air Force personnel strengths for such fiscal year to the bill S. 1042, to authorize appro- shall submit to the appropriate congres- for the Armed Forces, and for other priations for fiscal year 2006 for mili- sional committees a final report on the tary activities of the Department of study required by subsection (a), including purposes; as follows: an assessment of the progress and success of On page 286, strike lines 1 through 3, and Defense, for military construciton, and the implementation of the military and ci- insert the following: for defense activities of the Depart- vilian partnership project. SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- ment of Energy, to prescribe personnel (c) DEFINITIONS.—In this section: RITY ACT OF 1950. strengths for such fiscal year for the (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) PROHIBITION ON HOLDING OF SECURITY Armed Forces, and for other purposes; TEES.—The term ‘‘appropriate congressional CLEARANCE AFTER CERTAIN VIOLATIONS ON which was ordered to lie on the table; committees’’ means the Committee on HANDLING OF CLASSIFIED INFORMATION.— as follows: Armed Services of the Senate and the Com- (1) PROHIBITION.—Section 4 of the Internal mittee on Armed Services of the House of Security Act of 1950 (50 U.S.C. 783) is amend- On page 286, between lines 7 and 8, insert Representatives. ed by adding at the end the following new the following: (2) MILITARY AND CIVILIAN PARTNERSHIP subsection: SEC. 1073. SENSE OF SENATE ON COMMON RE- PROJECT.—The term ‘‘military and civilian ‘‘(f) No person who knowingly violates a MOTELY OPERATED WEAPONS STA- partnership project’’ means the military and law or regulation regarding the handling of TION (CROWS) PLATFORM. civilian partnership project described in the classified information in a manner that (a) FINDINGS.—The Senate makes the fol- Centennial Memorandum of Agreement of could have a significant adverse impact on lowing findings: December 17, 2003, and carried out at the the national security of the United States, (1) With only a few systems deployed, the Wright-Patterson Air Force Base. including the knowing disclosure of the iden- Common Remotely Operated Weapons Sta- tity of a covert agent of the Central Intel- tion (CROWS) platform is already saving the SA 2483. Mr. DURBIN (for Mr. BAYH lives of soldiers today in Iraq by moving sol- ligence Agency to a person not authorized to (for himself, Mr. DURBIN, and Ms. receive such information, shall be permitted diers out of the exposed gunner’s seat and into the protective shell of an up-armored LANDRIEU)) proposed an amendment to to hold a security clearance for access to the bill S. 1042, to authorize appropria- classified information.’’. Humvee. tions for fiscal year 2006 for military (2) APPLICABILITY.—Subsection (f) of sec- (2) The Common Remotely Operated Weap- tion 4 of the Internal Security Act of 1950, as ons Station platform dramatically improves activities of the Department of De- added by paragraph (1), shall apply to any in- battlefield awareness by providing a laser fense, for military construction, and dividual holding a security clearance on or rangefinder, night vision, telescopic vision, a for defense activities of the Depart- after the date of the enactment of this Act fire control computer that allows on-the- ment of Energy, to prescribe personnel with respect to any knowing violation of law move target acquisition, and one-shot one- strengths for such fiscal year for the or regulation described in such subsection, kill accuracy at the maximum range of a weapon. Armed Forces, and for other purposes; regardless of whether such violation occurs as follows: before, on, or after that date. (3) As they become available, new tech- (b) CLARIFICATION OF AUTHORITY TO ISSUE nologies can be incorporated into the Com- At the end of subtitle A of title VI, add the SECURITY REGULATIONS AND ORDERS.— mon Remotely Operated Weapons Station following: platform, thus making the platform scalable. SEC. ll. INCOME REPLACEMENT PAYMENTS SA 2479. Mrs. FEINSTEIN submitted (4) The Army has indicated that an addi- FOR RESERVES EXPERIENCING EX- tional $206,000,000 will be required in fiscal TENDED AND FREQUENT MOBILIZA- an amendment intended to be proposed TION FOR ACTIVE DUTY SERVICE. to amendment SA 2445 submitted by year 2006 to procure 750 Common Remotely Operated Weapons Station units for the (a) IN GENERAL.—Chapter 19 of title 37, Mr. BROWNBACK (for himself, Mr. Armed Forces, and to prepare for future pro- United States Code, is amended by adding at INHOFE, and Mr. DEMINT) and intended duction of such weapons stations. the end the following new section: to be proposed to the bill S. 1042, to au- (b) SENSE OF SENATE.—It is the sense of the ‘‘§ 910. Replacement of lost income: involun- thorize appropriations for fiscal year Senate that the President should include in tarily mobilized reserve component mem- 2006 for military activities of the De- the next request submitted to Congress for bers subject to extended and frequent ac- partment of Defense, for military con- supplemental funding for military oper- tive duty service struction, and for defense activities of ations in Iraq and Afghanistan sufficient ‘‘(a) PAYMENT REQUIRED.—The Secretary funds for the production in fiscal year 2006 of the Department of Energy, to prescribe concerned shall pay to an eligible member of a number of Common Remotely Operated a reserve component of the armed forces an personnel strengths for such fiscal year Weapons Station units that is adequate to for the Armed Forces, and for other amount equal to the monthly active-duty in- meet the requirements of the Armed Forces. come differential of the member, as deter- purposes; which was ordered to lie on mined by the Secretary. The payments shall the table; as follows: SA 2482. Mr. DEWINE submitted an be made on a monthly basis. On page 3 of the amendment, strike lines 3 amendment intended to be proposed by ‘‘(b) ELIGIBILITY.—Subject to subsection through 17, and insert the following: him to the bill S. 1042, to authorize ap- (c), a reserve component member is entitled

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.068 S09NOPT1 S12622 CONGRESSIONAL RECORD — SENATE November 9, 2005 to a payment under this section for any full SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED (ii) the promulgation and enforcement of month of active duty of the member, while MANUFACTURING TECHNOLOGY. rules and regulations. on active duty under an involuntary mobili- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- (2) STRATEGY CONTENT.—The strategy de- zation order, following the date on which the VELOPMENT, TEST, AND EVALUATION FOR THE veloped under paragraph (1) shall include— member— ARMY.—The amount authorized to be appro- (A) identification of crucial priorities ‘‘(1) completes 180 continuous days of serv- priated by section 201(1) for research, devel- across all sectors; ice on active duty under such an order; opment, test, and evaluation for the Army is (B) identification and evaluation of Fed- ‘‘(2) completes 24 months on active duty hereby increased by $1,000,000. eral foreign language programs and activi- during the previous 60 months under such an (b) AVAILABILITY OF AMOUNT.—Of the ties, including— order; or amount authorized to be appropriated by (i) recommendations on coordination; ‘‘(3) is involuntarily mobilized for service section 201(1) for research, development, test, (ii) program enhancements; and on active duty six months or less following and evaluation for the Army, as increased by (iii) allocation of resources so as to maxi- the member’s separation from the member’s subsection (a), $1,000,000 may be available for mize use of resources; previous period of active duty. Weapons and Ammunition Technology (C) needed national policies and cor- ‘‘(c) MINIMUM AND MAXIMUM PAYMENT (PE#602624A) for Warhead/Grenade Scientific responding legislative and regulatory ac- AMOUNTS.—(1) A payment under this section Based Manufacturing Technology. tions in support of, and allocation of des- shall be made to a member for a month only (c) OFFSET.—The amount authorized to be ignated resources to, promising programs if the amount of the monthly active-duty in- appropriated by section 301(4) for operation and initiatives at all levels (Federal, State, come differential for the month is greater and maintenance, Air Force activities is and local), especially in the less commonly than $50. hereby reduced by $1,000,000. taught languages that are seen as critical for ‘‘(2) Notwithstanding the amount deter- national security and global competitiveness mined under subsection (d) for a member for SA 2485. Mr. WARNER (for Mr. in the next 20 to 50 years; a month, the monthly payment to a member AKAKA) proposed an amendment to the (D) effective ways to increase public under this section may not exceed $3,000. bill S. 1042, to authorize appropriations awareness of the need for foreign language ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIF- for fiscal year 2006 for military activi- skills and career paths in all sectors that can FERENTIAL.—For purposes of this section, the employ those skills, with the objective of in- monthly active-duty income differential of a ties of the Department of Defense, for creasing support for foreign language study member is the difference between— military construction, and for defense among— ‘‘(1) the average monthly civilian income activities of the Department of Energy, (i) Federal, State, and local leaders; of the member; and to prescribe personnel strengths for (ii) students; ‘‘(2) the member’s total monthly military such fiscal year for the Armed Forces, (iii) parents; compensation. and for other purposes; as follows: (iv) elementary, secondary, and postsec- ‘‘(e) DEFINITIONS.—In this section: ondary educational institutions; and On page 286, between lines 7 and 8, insert ‘‘(1) The term ‘average monthly civilian in- (v) potential employers; the following: come’, with respect to a member of a reserve (E) incentives for related educational pro- component, means the amount, determined SEC. 1073. ESTABLISHMENT OF NATIONAL FOR- grams, including foreign language teacher by the Secretary concerned, of the earned in- EIGN LANGUAGE COORDINATION training; COUNCIL. come of the member for either the 12 months (F) coordination of cross-sector efforts, in- (a) ESTABLISHMENT.—There is established preceding the member’s mobilization or the cluding public-private partnerships; the National Foreign Language Coordination 12 months covered by the member’s most re- (G) coordination initiatives to develop a Council (in this section referred to as the cent Federal income tax filing, divided by 12. strategic posture for language research and ‘‘Council’’), which shall be an independent ‘‘(2) The term ‘total monthly military recommendations for funding for applied for- establishment as defined under section 104 of compensation’ means the amount, computed eign language research into issues of na- title 5, United States Code. on a monthly basis, of the sum of— tional concern; (b) MEMBERSHIP.—The Council shall consist ‘‘(A) the amount of the regular military (H) assistance for— of the following members or their designees: compensation (RMC) of the member; and (i) the development of foreign language (1) The National Language Director, who ‘‘(B) any amount of special pay or incen- achievement standards; and shall serve as the chairperson of the Council. tive pay and any allowance (other than an (ii) corresponding assessments for the ele- (2) The Secretary of Education. allowance included in regular military com- mentary, secondary, and postsecondary edu- (3) The Secretary of Defense. pensation) that is paid to the member on a cation levels, including the National Assess- (4) The Secretary of State. monthly basis.’’. ment of Educational Progress in foreign lan- (5) The Secretary of Homeland Security. (b) CLERICAL AMENDMENT.—The table of guages; (6) The Attorney General. sections at the beginning of such chapter is (I) development of — (7) The Director of National Intelligence. amended by adding at the end the following (i) language skill-level certification stand- (8) The Secretary of Labor. new item: ards; (9) The Director of the Office of Personnel ‘‘910. Replacement of lost income: involun- (ii) an ideal course of pre-service and pro- Management. tarily mobilized reserve compo- fessional development study for those who (10) The Director of the Office of Manage- nent members subject to ex- teach foreign language; ment and Budget. tended and frequent active duty (iii) suggested graduation criteria for for- (11) The Secretary of Commerce. service.’’. eign language studies and appropriate non- (12) The Secretary of Health and Human language studies, such as— (c) EFFECTIVE DATE.—Section 910 of title Services. (I) international business; 37, United States Code, as added by sub- (13) The Secretary of the Treasury. (II) national security; section (a), shall apply for months after De- (14) The Secretary of Housing and Urban (III) public administration; cember 2005. Development. (IV) health care; (d) LIMITATION ON FISCAL YEAR 2006 OBLI- (15) The Secretary of Agriculture. (V) engineering; GATIONS.—During fiscal year 2006, obligations (16) The heads of such other Federal agen- (VI) law; incurred under section 910 of title 37, United cies as the Council considers appropriate. (VII) journalism; and States Code, to provide income replacement (c) RESPONSIBILITIES.— (VIII) sciences; and payments to involuntarily mobilized mem- (1) IN GENERAL.—The Council shall be (J) identification of and means for repli- bers of a reserve component who are subject charged with— cating best practices at all levels and in all to extended and frequent active duty service (A) developing a national foreign language sectors, including best practices from the may not exceed $60,000,000. strategy, within 18 months of the date of en- international community. actment of this section, in consultation SA 2484. Mr. WARNER (for Mr. (d) MEETINGS.—The Council may hold such with— meetings, and sit and act at such times and SANTORUM) proposed an amendment to (i) State and local government agencies; the bill S. 1042, to authorize appropria- places, as the Council considers appropriate, (ii) academic sector institutions; but shall meet in formal session at least 2 tions for fiscal year 2006 for military (iii) foreign language related interest times a year. State and local government activities of the Department of De- groups; agencies and other organizations (such as fense, for military construction, and (iv) business associations; academic sector institutions, foreign lan- for defense activities of the Depart- (v) industry; and guage-related interest groups, business asso- ment of Energy, to prescribe personnel (vi) heritage associations; ciations, industry, and heritage community (B) conducting a survey of Federal agency strengths for such fiscal year for the organizations) shall be invited, as appro- needs for foreign language area expertise; priate, to public meetings of the Council at Armed Forces, and for other purposes; and least once a year. as follows: (C) overseeing the implementation of such (e) STAFF.— At the end of subtitle B of title II, add the strategy through— (1) IN GENERAL.—The Director may appoint following: (i) execution of subsequent law; and and fix the compensation of such additional

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.065 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12623 personnel as the Director considers nec- ness community, local officials, parents, and $4,500,000 may be available for the Long Arm essary to carry out the duties of the Council. individuals. High-Intensity Arc Metal Halide Handheld (2) DETAILS FROM OTHER AGENCIES.—Upon (3) COMPENSATION.—The National Language Searchlight. request of the Council, the head of any Fed- Director shall be paid at a rate of pay pay- (c) OFFSET.—The amount authorized to be eral agency may detail, on a reimbursable able for a position at level V of the Execu- appropriated by section 301(4) is hereby re- basis, any of the personnel of such agency to tive Schedule under section 5316 of title 5, duced by $4,500,000, with the amount of the the Council. United States Code. reduction to be derived from amounts au- (3) EXPERTS AND CONSULTANTS.—With the (j) ENCOURAGEMENT OF STATE INVOLVE- thorized to be appropriated by that section approval of the Council, the Director may MENT.— for the Air Force. procure temporary and intermittent services (1) STATE CONTACT PERSONS.—The Council under section 3109(b) of title 5, United States shall consult with each State to provide for SA 2488. Mr. WARNER (for Mr. COLE- Code. the designation by each State of an indi- MAN) proposed an amendment to the (f) POWERS.— vidual to serve as a State contact person for bill S. 1042, to authorize appropriations (1) DELEGATION.—Any member or employee the purpose of receiving and disseminating for fiscal year 2006 for military activi- of the Council may, if authorized by the information and communications received ties of the Department of Defense, for Council, take any action that the Council is from the Council. military construction, and for defense authorized to take in this section. (2) STATE INTERAGENCY COUNCILS AND LEAD activities of the Department of Energy, (2) INFORMATION.—The Council may secure AGENCIES.—Each State is encouraged to es- to prescribe personnel strengths for directly from any Federal agency such infor- tablish a State interagency council on for- such fiscal year for the Armed Forces, mation, consistent with Federal privacy eign language coordination or designate a and for other purposes; as follows: laws, the Council considers necessary to lead agency for the State for the purpose of carry out its responsibilities. Upon request assuming primary responsibility for coordi- On page 92, after line 25, add the following: of the Director, the head of such agency nating and interacting with the Council and SEC. 538. PROMOTION OF FOREIGN LANGUAGE shall furnish such information to the Coun- State and local government agencies as nec- SKILLS AMONG MEMBERS OF THE cil. RESERVE OFFICERS’ TRAINING essary. CORPS. (3) DONATIONS.—The Council may accept, (k) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—The Secretary of Defense use, and dispose of gifts or donations of serv- There are authorized to be appropriated such shall support the acquisition of foreign lan- ices or property. sums as necessary to carry out this section. guage skills among cadets and midshipmen (4) MAIL.—The Council may use the United in the Reserve Officers’ Training Corps, in- States mail in the same manner and under SA 2486. Mr. WARNER (for Mr. EN- cluding through the development and imple- the same conditions as other Federal agen- SIGN) proposed an amendment to the mentation of— cies. bill S. 1042, to authorize appropriations (1) incentives for cadets and midshipmen to (g) CONFERENCES, NEWSLETTER, AND for fiscal year 2006 for military activi- participate in study of a foreign language, WEBSITE.—In carrying out this section, the including special emphasis for Arabic, Chi- Council— ties of the Department of Defense, for nese, and other ‘‘strategic languages’’, as de- (1) may arrange Federal, regional, State, military construction, and for defense fined by the Secretary of Defense in con- and local conferences for the purpose of de- activities of the Department of Energy, sultation with other relevant agencies; and veloping and coordinating effective programs to prescribe personnel strengths for (2) a recruiting strategy to target foreign and activities to improve foreign language such fiscal year for the Armed Forces, language speakers, including members of education; and for other purposes; as follows: heritage communities, to participate in the (2) may publish a newsletter concerning At the end of subtitle C of title III, add the Reserve Officers’ Training Corps. Federal, State, and local programs that are following: (b) REPORT REQUIRED.—Not later than 180 effectively meeting the foreign language days after the date of the enactment of this needs of the nation; and SEC. 330. POINT OF MAINTENANCE/ARSENAL/ DEPOT AIT INITIATIVE. Act, the Secretary shall submit to the con- (3) shall create and maintain a website (a) ADDITIONAL AMOUNT FOR OPERATION AND gressional defense committees a report on containing information on the Council and MAINTENANCE, ARMY.—The amount author- the actions taken to carry out this section. its activities, best practices on language ized to be appropriated by section 301(1) for education, and other relevant information. operation and maintenance for the Army is SA 2489. Mr. WARNER (for Mr. (h) REPORTS.—Not later than 90 days after BINGAMAN (for himself and Mr. DOMEN- the date of enactment of this section, and hereby increased by $10,000,000. ICI) proposed an amendment to the bill annually thereafter, the Council shall pre- (b) AVAILABILITY OF AMOUNT.—Of the pare and transmit to the President and Con- amount authorized to be appropriated by S. 1042, to authorize appropriations for gress a report that describes the activities of section 301(1) for operation and maintenance fiscal year 2006 for military activities the Council and the efforts of the Council to for the Army, as increased by subsection (a), of the Department of Defense, for mili- improve foreign language education and $16,000,000 may be available for the Point of tary construction, and for defense ac- training and impediments, including any Maintenance/Arsenal/Depot AIT (AD-AIT) tivities of the Department of Energy, statutory and regulatory restrictions, to the Initiative. to prescribe personnel strengths for (c) OFFSET.—The amount authorized to be use of each such program. such fiscal year for the Armed Forces, (i) ESTABLISHMENT OF A NATIONAL LAN- appropriated by section 301(4) is hereby re- and for other purposes; as follows: GUAGE DIRECTOR.— duced by $10,000,000 to be derived from (1) IN GENERAL.—There is established a Na- amounts authorized to be appropriated by At the end of subtitle B of title II, add the tional Language Director who shall be ap- that section for the Air Force. following: pointed by the President. The National Lan- SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. guage Director shall be a nationally recog- SA 2487. Mr. WARNER (for Mr. EN- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- nized individual with credentials and abili- SIGN) proposed an amendment to the VELOPMENT, TEST, AND EVALUATION, AIR ties across all of the sectors to be involved bill S. 1042, to authorize appropriations FORCE.—The amount authorized to be appro- with creating and implementing long-term for fiscal year 2006 for military activi- priated by section 201(3) for research, devel- opment, test, and evaluation for the Air solutions to achieving national foreign lan- ties of the Department of Defense, for guage and cultural competency. Force is hereby increased by $3,000,000. military construction, and for defense (b) AVAILABILITY OF AMOUNT.—Of the (2) RESPONSIBILITIES.—The National Lan- amount authorized to be appropriated by guage Director shall— activities of the Department of Energy, section 201(3) for research, development, test, (A) develop and oversee the implementa- to prescribe personnel strengths for and evaluation for the Air Force, as in- tion of a national foreign language strategy such fiscal year for the Armed Forces, and for other purposes; as follows: creased by subsection (a), $3,000,000 may be across all sectors; available for Space Technology (PE # (B) establish formal relationships among At the end of subtitle C of title III, add the 0602601F) for research and development on the major stakeholders in meeting the needs following: the reliability of field programmable gate ar- of the Nation for improved capabilities in SEC. 330. LONG ARM HIGH-INTENSITY ARC rays for space applications, including design foreign languages and cultural under- METAL HALIDE HANDHELD SEARCH- of an assurance strategy, reference architec- standing, including Federal, State, and local LIGHT. tures, research and development on reli- government agencies, academia, industry, (a) ADDITIONAL AMOUNT FOR OPERATION AND ability and radiation hardening, and out- labor, and heritage communities; and MAINTENANCE, ARMY.—The amount author- reach to industry and localities to develop (C) coordinate and lead a public informa- ized to be appropriated by section 301(1) for core competencies. tion campaign that raises awareness of pub- operation and maintenance for the Army is (c) OFFSET.—The amount authorized to be lic and private sector careers requiring for- hereby increased by $4,500,000. appropriated by section 301(4) is hereby re- eign language skills and cultural under- (b) AVAILABILITY OF AMOUNT.—Of the duced by $3,000,000. standing, with the objective of increasing in- amount authorized to be appropriated by terest in and support for the study of foreign section 301(1) for operation and maintenance SA 2490. Mr. WARNER (for Mr. languages among national leaders, the busi- for the Army, as increased by subsection (a), SALAZAR) proposed an amendment to

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.065 S09NOPT1 S12624 CONGRESSIONAL RECORD — SENATE November 9, 2005 the bill S. 1042, to authorize appropria- the enactment of this Act to modify or pro- partment of Defense, for military con- tions for fiscal year 2006 for military cure a Department of Defense aircraft, ship, struction, and for defense activities of activities of the Department of De- armored vehicle, or indirect-fire weapon sys- the Department of Energy, to prescribe fense, for military construction, and tem that is not equipped with a Global Posi- personnel strengths for such fiscal year tioning System receiver is hereby ratified. for defense activities of the Depart- for the Armed Forces, and for other ment of Energy, to prescribe personnel SA 2492. Mr. WARNER (for Mr. KEN- purposes; as follows: strengths for such fiscal year for the NEDY (for himself, Ms. COLLINS, Mr. On page 96, strike lines 19 and 20 and insert Armed Forces, and for other purposes; ROBERTS, Mr. SANTORUM, Ms. MIKULSKI, the following: ‘‘(2) Military legal assistance may be pro- as follows: Mr. LIEBERMAN, Mr. ALEXANDER, Mrs. vided only by a judge advocate or a civilian At the end of subtitle C of title III, add the CLINTON, Mrs. DOLE, Ms. SNOWE, Mr. following: attorney who is a member of the bar of a BINGAMAN, Mr. REED, and Mr. SES- Federal court or of the highest court of a SEC. ll. DEPARTMENT OF DEFENSE SUPPORT SIONS)) proposed an amendment to the State. FOR CERTAIN PARALYMPIC SPORT- ING EVENTS. bill S. 1042, to authorize appropriations ‘‘(3) In this subsection, the term ‘military legal assistance’ includes— (a) PROVISION OF SUPPORT.—Subsection (c) for fiscal year 2006 for military activi- of section 2564 of title 10, United States Code, ties of the Department of Defense, for is amended by adding at the end the fol- military construction, and for defense SA 2494. Mr. WARNER (for Mr. BYRD) lowing new paragraphs: activities of the Department of Energy, proposed an amendment to the bill S. ‘‘(4) A sporting event sanctioned by the to prescribe personnel strengths for 1042, to authorize appropriations for United States Olympic Committee through such fiscal year for the Armed Forces, fiscal year 2006 for military activities the Paralympic Military Program. and for other purposes; as follows: of the Department of Defense, for mili- ‘‘(5) A national or international tary construction, and for defense ac- Paralympic sporting event (other than one At the end of subtitle B of title II, add the following: tivities of the Department of Energy, covered by paragraph (3) or (4))— to prescribe personnel strengths for ‘‘(A) which is— SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. ‘‘(i) held in the United States or any of its (a) ARMY PROGRAMS.—(1) The amount au- such fiscal year for the Armed Forces, territories or commonwealths; thorized to be appropriated by section 201(1) and for other purposes; as follows: ‘‘(ii) governed by the International for research, development, test, and evalua- At the end of subtitle E of title VI, add the Paralympic Committee; and tion for the Army is hereby increased by following: ‘‘(iii) sanctioned by the United States $10,000,000. SEC. 653. EDUCATION LOAN REPAYMENT PRO- Olympic Committee; and (2) Of the amount authorized to be appro- GRAM FOR CHAPLAINS IN THE SE- ‘‘(B) for which participation exceeds 100 priated by section 201(1) for research, devel- LECTED RESERVE. amateur athletes.’’. opment, test, and evaluation for the Army, (a) IN GENERAL.—Chapter 1609 of title 10, (b) FUNDING AND LIMITATIONS.—Such sec- as increased by paragraph (1), $10,000,000 may United States Code, is amended by adding at tion is further amended— be available for Program Element 0601103A the end the following new section: (1) by redesignating subsections (d), (e), for University Research Initiatives. ‘‘§ 16303. Education loan repayment program: and (f) as subsections (e), (f), and (g), respec- (b) NAVY PROGRAMS.—(1) The amount au- chaplains serving in the Selected Reserve thorized to be appropriated by section 201(2) tively; and ‘‘(a) AUTHORITY TO REPAY EDUCATION for research, development, test, and evalua- (2) by inserting after subsection (c) the fol- LOANS.—Under regulations prescribed by the lowing new subsection: tion for the Navy is hereby increased by Secretary of Defense and subject to the pro- ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN $5,000,000. visions of this section, the Secretary con- EVENTS.—(1) Funds to provide support for a (2) Of the amount authorized to be appro- cerned may, for purposes of maintaining ade- sporting event described in paragraph (4) or priated by section 201(2) for research, devel- quate numbers of chaplains in the Selected (5) of subsection (c) shall be derived from the opment, test, and evaluation for the Navy, as Reserve, repay a loan that— Support for International Sporting Competi- increased by paragraph (1), $5,000,000 may be ‘‘(1) was used by a person described in sub- tions, Defense account established by section available for Program Element 0601103N for section (b) to finance education resulting in 5802 of Public Law 104–208 (110 Stat. 3009–522), University Research Initiatives. a Masters of Divinity degree; and (c) AIR FORCE PROGRAMS.—(1) The amount notwithstanding any limitation in such sec- ‘‘(2) was obtained from an accredited theo- authorized to be appropriated by section tion relating to the availability of funds in logical seminary as listed in the Association 201(3) for research, development, test, and such account for support of international of Theological Schools (ATS) handbook. evaluation for the Air Force is hereby in- sporting competitions. ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- ‘‘(2) The total amount that may be ex- creased by $10,000,000. vided in paragraph (2), a person described in (2) Of the amount authorized to be appro- pended in any fiscal year to provide support this subsection is a person who— priated by section 201(3) for research, devel- for a sporting event described in paragraph ‘‘(A) satisfies the requirements specified in opment, test, and evaluation for the Air (5) of subsection (c) may not exceed subsection (c); Force, as increased by paragraph (1), $1,000,000.’’. ‘‘(B) holds, or is fully qualified for, an ap- $10,000,000 may be available for Program Ele- pointment as a chaplain in a reserve compo- ment 0601103F for University Research Ini- SA 2491. Mr. WARNER proposed an nent of an armed force; and tiatives. amendment to the bill S. 1042, to au- ‘‘(C) signs a written agreement to serve not (d) DEFENSE-WIDE ACTIVITIES.—(1) The thorize appropriations for fiscal year less than three years in the Selected Re- amount authorized to be appropriated by 2006 for military activities of the De- serve. section 201(4) for research, development, test, ‘‘(2) A person accessioned into the Chaplain partment of Defense, for military con- and evaluation for Defense-wide activities is Candidate Program is not eligible for the re- struction, and for defense activities of hereby increased by $15,000,000. payment of loans under subsection (a). the Department of Energy, to prescribe (2) Of the amount authorized to be appro- ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- personnel strengths for such fiscal year priated by section 201(4) for research, devel- MENTS.—The requirements specified in this for the Armed Forces, and for other opment, test, and evaluation for Defense- subsection are such requirements for purposes; as follows: wide activities, as increased by paragraph accessioning and commissioning of chaplains (1)— At the end of subtitle E of title II, add the as are prescribed by the Secretary concerned (A) $10,000,000 may be available for Pro- following: in regulations. gram Element 0601120D8Z for the SMART ‘‘(d) LOAN REPAYMENT.—(1) Subject to SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- National Defense Education Program; and TATION ON PROCUREMENT OF SYS- paragraph (2), the repayment of a loan under TEMS NOT GPS-EQUIPPED. (B) $5,000,000 may be available for Program this section may consist of payment of the Element 0601101E for the Defense Advanced (a) DELAYED EFFECTIVE DATE.—Section principal, interest, and related expenses of 152(b) of the National Defense Authorization Research Projects Agency University Re- such loan. Act for Fiscal Year 1994 (Public Law 103–160; search Program in Computer Science and ‘‘(2) The amount of any repayment of a 107 Stat. 1578), as amended by section 218(e) Cybersecurity. loan made under this section on behalf of a of the Strom Thurmond National Defense (e) OFFSETS.—(1) The amount authorized to person may not exceed $20,000 for each three Authorization Act for Fiscal Year 1999 (Pub- be appropriated by section 301(4), operation year period of obligated service that the per- lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 and maintenance, Navy, is hereby reduced by son agrees to serve in an agreement de- note), is further amended by striking ‘‘2005’’ $40,000,000. scribed in subsection (b)(3). Of such amount, and inserting ‘‘2007’’. not more than an amount equal to 50 percent (b) RATIFICATION OF ACTIONS.—Any obliga- SA 2493. Mr. WARNER proposed an of such amount may be paid before the com- tion or expenditure of funds by the Depart- amendment to the bill S. 1042, to au- pletion by the person of the first year of obli- ment of Defense during the period beginning thorize appropriations for fiscal year gated service pursuant to such agreement. on October 1, 2005, and ending on the date of 2006 for military activities of the De- The balance of such amount shall be payable

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.066 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12625 at such time or times as are prescribed by At the end of subtitle B of title V, add the The amount authorized to be appropriated the Secretary concerned in regulations. following: by section 201(1) for Research, Development, ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- SEC. 522. RECRUITMENT AND ENLISTMENT OF Test, and Evaluation for the Army, is hereby GATION.—A person on behalf of whom repay- HOME SCHOOLED STUDENTS IN THE increased by $5,000,000. ment of a loan is made under this section ARMED FORCES. (b) AVAILABILITY OF AMOUNT.—Of the who fails, during the period of obligated (a) POLICY ON RECRUITMENT AND ENLIST- amount authorized to be appropriated by service the person agrees to serve in an MENT.— section 201(1) for Research, Development, agreement described in subsection (b)(3), to (1) POLICY REQUIRED.—The Secretary of De- Test, and Evaluation for the Army, as in- serve satisfactorily in the Selected Reserve fense shall prescribe a policy on the recruit- creased by subsection (a), $5,000,000 may be may, at the election of the Secretary con- ment and enlistment of home schooled stu- available for Medium Tactical Vehicle Modi- cerned, be required to pay the United States dents in the Armed Forces. fications. an amount equal to any amount of repay- (2) UNIFORMITY ACROSS THE ARMED (c) OFFSET.—The amount authorized to be ments made on behalf of the person in con- FORCES.—The Secretary shall ensure that the appropriated by section 301(4) for Operation nection with the agreement.’’. policy prescribed under paragraph (1) ap- and Maintenance for the Air Force is hereby (b) CLERICAL AMENDMENT.—The table of plies, to the extent practicable, uniformly reduced by $5,000,000. sections at the beginning of chapter 1609 of across the Armed Forces. such title is amended by adding at the end (b) ELEMENTS.—The policy under sub- SA 2499. Mr. WARNER proposed an the following new item: section (a) shall include the following: amendment to amendment SA 1396 pro- ‘‘16303. Education loan repayment program: (1) An identification of a graduate of home posed by Mr. WARNER (for Mr. STEVENS) chaplains serving in the Se- schooling for purposes of recruitment and to the bill S. 1042, to authorize appro- lected Reserve.’’. enlistment in the Armed Forces that is in priations for fiscal year 2006 for mili- accordance with the requirements described tary activities of the Department of SA 2495. Mr. WARNER (for Mr. DODD in subsection (c). Defense, for military construction, and (for himself and Mr. KENNEDY)) sub- (2) Provision for the treatment of grad- mitted an amendment intended to be uates of home schooling with no practical for defense activities of the Depart- ment of Energy, to prescribe personnel proposed by Mr. WARNER to the bill S. limit with regard to enlistment eligibility. 1042, to authorize appropriations for (3) An exemption of graduates of home strengths for such fiscal year for the schooling from the requirement for a sec- fiscal year 2006 for military activities Armed Forces, and for other purposes; ondary school diploma or an equivalent as follows: of the Department of Defense, for mili- (GED) as a precondition for enlistment in tary construction, and for defense ac- On page 2, line 16, strike ‘‘$3,008,982,000’’ the Armed Forces. and insert ‘‘$3,108,982,000’’. tivities of the Department of Energy, (c) HOME SCHOOL GRADUATES.—In pre- to prescribe personnel strengths for scribing the policy, the Secretary of Defense SA 2500. Mr. WARNER proposed an such fiscal year for the Armed Forces, shall prescribe a single set of criteria to be amendment to the bill S. 1042, to au- and for other purposes; as follows: utilized by the Armed Forces in determining whether an individual is a graduate of home thorize appropriations for fiscal year At the end of subtitle F of title V, add the schooling. The Secretary concerned shall en- 2006 for military activities of the De- following: sure compliance with education credential partment of Defense, for military con- SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. coding requirements. struction, and for defense activities of (a) LIMITATION TO DOMESTIC NATIONAL (d) SECRETARY CONCERNED DEFINED.—In the Department of Energy, to prescribe SERVICE PROGRAMS.—Subsection (c)(3)(D) of this section, the term ‘‘Secretary concerned’’ section 510 of title 10, United States Code, is personnel strengths for such fiscal year has the meaning given such term in section for the Armed Forces, and for other amended by striking ‘‘in the Peace Corps, 101(a)(9) of title 10, United States Code. Americorps, or another national service pro- purposes; as follows: gram’’ and inserting ‘‘in Americorps or an- SA 2497. Mr. WARNER (for Mr. At the end of subtitle E of title VIII, add other domestic national service program’’. KERRY) proposed an amendment to the the following: (b) ADMINISTRATION OF EDUCATION INCEN- bill S. 1042, to authorize appropriations SEC. 846. REPORTS OF ADVISORY PANEL ON TIVES BY SECRETARY OF VETERANS AFFAIRS.— LAWS AND REGULATIONS ON ACQUI- Paragraph (2) of subsection (h) of such sec- for fiscal year 2006 for military activi- SITION PRACTICES. tion is amended to read as follows: ties of the Department of Defense, for (a) EXTENSION OF FINAL REPORT.—Section ‘‘(2)(A) Educational assistance under para- military construction, and for defense 1423(d) of the Services Acquisition Reform graphs (3) or (4) of subsection (e) shall be pro- activities of the Department of Energy, Act of 2003 (title XIV of Public Law 108–136; vided through the Department of Veterans to prescribe personnel strengths for 117 Stat. 1669; 41 U.S.C. 405 note) is amended Affairs under an agreement to be entered such fiscal year for the Armed Forces, by striking ‘‘one year’’ and inserting ‘‘two into by the Secretary of Defense and the Sec- and for other purposes; as follows: years’’. retary of Veterans Affairs. The agreements (b) REQUIREMENT FOR INTERIM REPORT.— shall include administrative procedures to At the end of subtitle B of title II, add the That section is further amended— ensure the prompt and timely transfer of following: (1) by inserting ‘‘(1)’’ before ‘‘Not later funds from the Secretary concerned to the SEC. 213. PROJECT SHERIFF. than’’; and Secretary of Veterans Affairs for the making (a) AVAILABILITY OF AMOUNT.—Of the (2) by adding at the end the following new of payments under this section. amount authorized to be appropriated by paragraph: ‘‘(B) Except as otherwise provided in this section 201(4) for research, development, test, ‘‘(2) Not later than one year after the date section, the provisions of sections 503, 511, and evaluation for Defense-wide activities, of the establishment of the panel, the panel 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of the amount available for the Force Trans- shall submit to the official and committees title 38 and the provisions of subchapters I formation Directorate may be increased by referred to in paragraph (1) an interim report and II of chapter 36 of such title (with the ex- $10,000,000, with the amount of the increase on the matters set forth in that paragraph.’’. ception of sections 3686(a), 3687, and 3692) to be available for Project Sheriff. shall be applicable to the provision of edu- (b) OFFSET.—Of the amount authorized to SA 2501. Mr. WARNER (for Mr. NEL- cational assistance under this chapter. The be appropriated by section 301(4) is hereby SON of Florida) proposed an amendment term ‘eligible veteran’ and the term ‘person’, reduced by $10,000,000. to the bill S. 1042, to authorize appro- as used in those provisions, shall be deemed priations for fiscal year 2006 for mili- SA 2498. Mr. WARNER (for Mr. for the purpose of the application of those tary activities of the Department of LEVIN) proposed an amendment to the provisions to this section to refer to a person Defense, for military construction, and eligible for educational assistance under bill S. 1042, to authorize appropriations for defense activities of the Depart- paragraph (3) or (4) of subsection (e).’’. for fiscal year 2006 for military activi- ment of Energy, to prescribe personnel ties of the Department of Defense, for Mr. WARNER (for Mr. strengths for such fiscal year for the SA 2496. military construction, and for defense SANTORUM) proposed an amendment to Armed Forces, and for other purposes; activities of the Department of Energy, the bill S. 1042, to authorize appropria- as follows: to prescribe personnel strengths for tions for fiscal year 2006 for military such fiscal year for the Armed Forces, At the appropriate place, insert the fol- activities of the Department of De- lowing: and for other purposes; as follows: fense, for military construction, and (a) FINDINGS.— for defense activities of the Depart- At the end of subtitle B of title II, add the (1) According to the Department of State, following: drug trafficking organizations shipped ap- ment of Energy, to prescribe personnel SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- proximately nine tons of cocaine to the strengths for such fiscal year for the TIONS. United States through the Dominican Re- Armed Forces, and for other purposes; (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- public in 2004, and are increasingly using as follows: VELOPMENT, TEST, AND EVALUATION, ARMY.— small, high-speed watercraft.

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.071 S09NOPT1 S12626 CONGRESSIONAL RECORD — SENATE November 9, 2005

(2) Drug traffickers use the Caribbean cor- (3) MAP.—The term ‘‘map’’ means the map (B) CONDITION.—Any expenditure of funds ridor to smuggle narcotics to the United entitled ‘‘Rocky Flats National Wildlife Ref- under this paragraph shall be made jointly States via Puerto Rico and the Dominican uge’’, dated July 25, 2005, and available for by the Trustees. Republic. This route is ideal for drug traf- inspection in appropriate offices of the (C) ADDITIONAL FUNDS.—The Trustees may ficking because of its geographic expanse, United States Fish and Wildlife Service and use the funds received under paragraph (4) in numerous law enforcement jurisdictions and the Department of Energy. conjunction with other private and public fragmented investigative efforts. (4) NATURAL RESOURCE DAMAGE LIABILITY funds. (3) The tethered aerostat system in Lajas, CLAIM.—The term ‘‘natural resource damage (6) EXEMPTION FROM NATIONAL ENVIRON- Puerto Rico contributes to deterring and de- liability claim’’ means a natural resource MENTAL POLICY ACT.—Any purchases of min- tecting smugglers moving illicit drugs into damage liability claim under subsections eral rights under this subsection shall be ex- Puerto Rico. The aerostat’s range and oper- (a)(4)(C) and (f) of section 107 of the Com- empt from the National Environmental Pol- ational capabilities allow it to provide sur- prehensive Environmental Response, Com- icy Act of 1969 (42 U.S.C. 4321 et seq.). veillance coverage of the eastern Caribbean pensation, and Liability Act of 1980 (42 (7) ROCKY FLATS NATIONAL WILDLIFE REF- corridor and the strategic waterway between U.S.C. 9607) arising from hazardous sub- UGE.— Puerto Rico and the Dominican Republic, stances releases at or from Rocky Flats that, (A) TRANSFER OF MANAGEMENT RESPON- known as the Mona Passage. as of the date of enactment of this Act, are SIBILITIES.—The Rocky Flats National Wild- (4) Including maritime radar on the Lajas life Refuge Act of 2001 (16 U.S.C. 668dd note; aerostat will expand its ability to detect sus- identified in the administrative record for Rocky Flats required by the National Oil Public Law 107–107) is amended— picious vessels in the eastern Caribbean cor- (i) in section 3175— and Hazardous Substances Pollution Contin- ridor. (I) by striking subsections (b) and (f); and gency Plan prepared under section 105 of (b) SENSE OF THE SENATE.—Given the above (II) by redesignating subsections (c), (d), that Act (42 U.S.C. 9605). findings, it is the Sense of the Senate that— and (e) as subsections (b), (c), and (d), respec- (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ (1) Congress and the Department of De- tively; and means the Department of Energy facility in fense fully fund the Counter-Drug Tethered (ii) in section 3176(a)(1), by striking ‘‘sec- Aerostat program. the State of Colorado known as the ‘‘Rocky tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. (2) Department of Defense install maritime Flats Environmental Technology Site’’. (B) BOUNDARIES.—Section 3177 of the radar on the Lajas, Puerto Rico aerostat. (6) SECRETARY.—The term ‘‘Secretary’’ Rocky Flats National Wildlife Refuge Act of means the Secretary of Energy. SA 2502. Mr. WARNER (for himself 2001 (16 U.S.C. 668dd note; Public Law 107–107) (7) TRUSTEES.—The term ‘‘Trustees’’ means is amended by striking subsection (c) and in- and Mr. LEVIN) proposed an amend- the Federal and State officials designated as serting the following: ment to the bill S. 1042, to authorize trustees under section 107(f)(2) of the Com- ‘‘(c) COMPOSITION.— appropriations for fiscal year 2006 for prehensive Environmental Response, Com- ‘‘(1) IN GENERAL.—Except as provided in military activities of the Department pensation, and Liability Act of 1980 (42 paragraph (2), the refuge shall consist of land of Defense, for military construction, U.S.C. 9607(f)(2)). within the boundaries of Rocky Flats, as de- and for defense activities of the De- (b) PURCHASE OF ESSENTIAL MINERAL picted on the map— ‘‘(A) entitled ‘Rocky Flats National Wild- partment of Energy, to prescribe per- RIGHTS.— life Refuge’; (1) IN GENERAL.—Not later than 1 year after sonnel strengths for such fiscal year ‘‘(B) dated July 25, 2005; and the date of enactment of this Act, such for the Armed Forces, and for other ‘‘(C) available for inspection in the appro- amounts authorized to be appropriated under purposes; as follows: priate offices of the United States Fish and subsection (c) shall be available to the Sec- At the end of subtitle E of title II, add the Wildlife Service and the Department of En- retary to purchase essential mineral rights following: ergy. at Rocky Flats. SEC. 244. DESIGNATION OF FACILITIES AND RE- ‘‘(2) EXCLUSIONS.—The refuge does not in- (2) CONDITIONS.—The Secretary shall not SOURCES CONSTITUTING THE clude— MAJOR RANGE AND TEST FACILITY purchase an essential mineral right under ‘‘(A) any land retained by the Department BASE. paragraph (1) unless— of Energy for response actions under section (a) DEPARTMENT OF DEFENSE TEST RE- (A) the owner of the essential mineral 3175(c); SOURCE MANAGEMENT CENTER.—Section right is a willing seller; and ‘‘(B) any land depicted on the map de- 196(h) of title 10, United States Code, is (B) the Secretary purchases the essential scribed in paragraph (1) that is subject to 1 amended by striking ‘‘Director of Oper- mineral right for an amount that does not or more essential mineral rights described in ational Test and Evaluation’’ and inserting exceed fair market value. section 3114(a) of the National Defense Au- ‘‘Secretary of Defense’’. (3) LIMITATION.—Only those funds author- thorization Act for Fiscal Year 2006 over (b) INSTITUTIONAL FUNDING OF TEST AND ized to be appropriated under subsection (c) which the Secretary shall retain jurisdiction EVALUATION ACTIVITIES.—Section 232(b)(1) of shall be available for the Secretary to pur- of the surface estate until the essential min- the Bob Stump National Defense Authoriza- chase essential mineral rights under para- eral rights— tion Act for Fiscal Year 2003 (Public Law graph (1). ‘‘(i) are purchased under subsection (b) of 107–314; 116 Stat. 2490) is amended by striking (4) RELEASE FROM LIABILITY.—Notwith- that Act; or ‘‘Director of Operational Test and Evalua- standing any other law, any natural resource ‘‘(ii) are mined and reclaimed by the min- tion’’ and inserting ‘‘Secretary of Defense’’. damage liability claim shall be considered to eral rights holders in accordance with re- be satisfied by— quirements established by the State of Colo- Mr. WARNER (for Mr. AL- SA 2503. (A) the purchase by the Secretary of essen- rado; and LARD (for himself and Mr. SALAZAR)) tial mineral rights under paragraph (1) for ‘‘(C) the land depicted on the map de- proposed an amendment to the bill S. consideration in an amount equal to scribed in paragraph (1) on which essential 1042, to authorize appropriations for $10,000,000; mineral rights are being actively mined as of fiscal year 2006 for military activities (B) the payment by the Secretary to the the date of enactment of the National De- of the Department of Defense, for mili- Trustees of $10,000,000; or fense Authorization Act for Fiscal Year 2006 tary construction, and for defense ac- (C) the purchase by the Secretary of any until— portion of the mineral rights under para- ‘‘(i) the essential mineral rights are pur- tivities of the Department of Energy, graph (1) for— to prescribe personnel strengths for chased; or (i) consideration in an amount less than ‘‘(ii) the surface estate is reclaimed by the such fiscal year for the Armed Forces, $10,000,000; and mineral rights holder in accordance with re- and for other purposes; as follows: (ii) a payment by the Secretary to the quirements established by the State of Colo- On page 378, between lines 10 and 11, insert Trustees of an amount equal to the dif- rado. the following: ference between— ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- (I) $10,000,000; and Notwithstanding paragraph (2), upon the NOLOGY SITE. (II) the amount paid under clause (i). purchase of the mineral rights or reclama- (a) DEFINITIONS.—In this section: (5) USE OF FUNDS.— tion of the land depicted on the map de- (1) ESSENTIAL MINERAL RIGHT.—The term (A) IN GENERAL.—Any amounts received scribed in paragraph (1), the Secretary ‘‘essential mineral right’’ means a right to under paragraph (4) shall be used by the shall— mine sand and gravel at Rocky Flats, as de- Trustees for the purposes described in sec- ‘‘(A) transfer the land to the Secretary of picted on the map. tion 107(f)(1) of the Comprehensive Environ- the Interior for inclusion in the refuge; and (2) FAIR MARKET VALUE.—The term ‘‘fair mental Response, Compensation, and Liabil- ‘‘(B) the Secretary of the Interior shall— market value’’ means the value of an essen- ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- ‘‘(i) accept the transfer of the land; and tial mineral right, as determined by an ap- ing— ‘‘(ii) manage the land as part of the ref- praisal performed by an independent, cer- (i) the purchase of additional mineral uge.’’. tified mineral appraiser under the Uniform rights at Rocky Flats; and (c) FUNDING.—Of the amounts authorized Standards of Professional Appraisal Prac- (ii) the development of habitat restoration to be appropriated to the Secretary for the tice. projects at Rocky Flats. Rocky Flats Environmental Technology Site

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.069 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12627 for fiscal year 2006, $10,000,000 may be made SEC. 244. REPORT ON COOPERATION BETWEEN mittee on Energy and Natural Re- available to the Secretary for the purposes THE DEPARTMENT OF DEFENSE AND sources and the Committee on Com- described in subsection (b). THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ON RE- merce, Science and Transportation be SEARCH, DEVELOPMENT, TEST, AND authorized to meet during the session SA 2504. Mr. WARNER (for Mr. ROB- EVALUATION ACTIVITIES. of the Senate on Wednesday, November ERTS) proposed an amendment to the (a) REPORT REQUIRED.—Not later than 180 9 at 9:30 a.m. The purpose of this joint bill S. 1042, to authorize appropriations days after the date of the enactment of this Act, the Secretary of Defense and the Ad- hearing is to receive testimony regard- for fiscal year 2006 for military activi- ing energy pricing and profits. ties of the Department of Defense, for ministrator of the National Aeronautics and Space Administration shall jointly submit to The PRESIDING OFFICER. Without military construction, and for defense Congress a report setting forth the rec- objection, it it so ordered. activities of the Department of Energy, ommendations of the Secretary and the Ad- COMMITTEE ON ENVIRONMENT AND PUBLIC to prescribe personnel strengths for ministrator regarding cooperative activities WORKS between the Department of Defense and the such fiscal year for the Armed Forces, Mr. INHOFE. Mr. President, I ask and for other purposes; as follows: National Aeronautics and Space Administra- tion related to research, development, test, unanimous consent that the Com- At the end of subtitle B of title II, add the and evaluation on areas of mutual interest mittee on Environment and Public following: to the Department and the Administration. Works be authorized to hold a hearing SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- (b) AREAS COVERED.—The areas of mutual on Wednesday, November 9, 2005 to re- PORT. interest to the Department of Defense and ceive testimony and identify issues re- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- the National Aeronautics and Space Admin- garding a comprehensive and inte- VELOPMENT, TEST, AND EVALUATION FOR THE istration referred to in subsection (a) may AIR FORCE.—The amount authorized to be include, but not be limited to, areas relating grated approach to meet the water re- appropriated by section 201(3) for research, to the following: sources needs of coastal Louisiana in development, test, and evaluation for the Air (1) Aeronautics research. the wake of Hurricanes Katrina and Force is hereby increased by $4,000,000. (2) Facilities, personnel, and support infra- Rita, including storm and flood damage (b) AVAILABILITY OF AMOUNT.—Of the structure. reduction, ecosystem restoration and amount authorized to be appropriated by (3) Propulsion and power technologies. navigation. (4) Space access and operations. section 201(3) for research, development, test, The PRESIDING OFFICER. Without and evaluation for the Air Force, as in- f objection, it it so ordered. creased by subsection (a), $4,000,000 may be available for Program Element #63112F for NOTICES OF HEARINGS/MEETINGS COMMITTEE ON FINANCE Aging Military Aircraft Fleet Support. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Mr. INHOFE. Mr. President, I ask (c) OFFSET.—The amount authorized to be Mr. CRAIG. Mr. President, I would unanimous consent that the Com- appropriated by section 301(4) for operation like to announce for the information of mittee on Finance be authorized to and maintenance for Air Force activities is the Senate and the public that a hear- meet in open Executive Session during hereby reduced by $4,000,000. ing has been scheduled before the Sub- the session on Wednesday, November 9, committee on Public Lands and For- 2005, at 10 a.m., to review and make Mr. WARNER (for Mr. SA 2505. ests of the Committee on Energy and recommendations on proposed legisla- INOUYE) proposed an amendment to the Natural Resources. tion implementing the U.S.- bill S. 1042, to authorize appropriations The hearing will be held on Wednes- Free Trade Agreement. for fiscal year 2006 for military activi- day, November 16, 2005, at 2 p.m. in The PRESIDING OFFICER. Without ties of the Department of Defense, for Room SD–366 of the Dirksen Senate Of- objection, it it so ordered. military construction, and for defense fice Building. COMMITTEE ON FOREIGN RELATIONS activities of the Department of Energy, The purpose of the hearing is to re- Mr. INHOFE. Mr. President, I ask to prescribe personnel strengths for ceive testimony on Earth Island Insti- such fiscal year for the Armed Forces, unanimous consent that the Com- tute vs. Ruthenbeck. mittee on Foreign Relations be author- and for other purposes; as follows: Because of the limited time available ized to meet during the session of the for the hearing, witnesses may testify At the end of subtitle C of title V, add the Senate on Wednesday, November 9, following: by invitation only. However, those wishing to submit written testimony 2005, at 9:30 a.m. to hold a hearing on SEC. 537. ELIGIBILITY OF UNITED STATES NA- Avian Influenza. TIONALS FOR APPOINTMENT TO THE for the hearing record should send two SENIOR RESERVE OFFICERS’ TRAIN- copies of their testimony to the Com- The PRESIDING OFFICER. Without ING CORPS. mittee on Energy and Natural Re- objection, it it so ordered. (a) IN GENERAL.—Section 2107(b)(1) of title sources, , Wash- COMMITTEE ON FOREIGN RELATIONS 10, United States Code, is amended by insert- Mr. INHOFE. Mr. President, I ask ing ‘‘or national’’ after ‘‘citizen’’. ington, DC, 20510–6150. For further information, please con- unanimous consent that the Com- (b) ARMY RESERVE OFFICERS TRAINING PRO- GRAMS.—Section 2107a(b)(1)(A) of such title is tact Frank Gladics at 202–224–2878 or mittee on Foreign Relations be author- amended by inserting ‘‘or national’’ after Kristina Rolph at 202–224–8276. ized to meet during the session of the ‘‘citizen’’. f Senate on Wednesday, November 9, (c) ELIGIBILITY FOR APPOINTMENT AS COM- 2005, at 2:30 p.m. to hold a hearing on AUTHORITIES FOR COMMITTEES MISSIONED OFFICERS.—Section 532(f) of such nominations. title is amended by inserting ‘‘, or for a TO MEET The PRESIDING OFFICER. Without United States national otherwise eligible for COMMITTEE ON AGRICULTURE, NUTRITION, AND objection, it it so ordered. appointment as a cadet or midshipman under FORESTRY COMMITTEE ON HOMELAND SECURITY AND section 2107(a) of this title or as a cadet Mr. INHOFE. Mr. President, I ask GOVERNMENTAL AFFAIRS under section 2107a of this title,’’ after ‘‘for unanimous consent that the Com- permanent residence’’. Mr. INHOFE. Mr. President, I ask mittee on Agriculture, Nutrition and unanimous consent that the Com- Forestry be authorized to conduct a Mr. WARNER (for Mrs. mittee on Homeland Security and Gov- SA 2506. hearing during the session of the Sen- HUTCHISON (for herself, Mr. VOINOVICH, ernmental Affairs be authorized to ate on Wednesday November 9, 2005, at meet on Wednesday, November 9, 2005, and Mr. NELSON of Florida)) proposed 10:30 a.m. in SH–216, Senate Hart Office at 9:30 a.m. for a hearing titled, ‘‘ ‘Al- an amendment to the bill S. 1042, to au- Building. The purpose of this com- ways Ready’: The Coast Guard’s Re- thorize appropriations for fiscal year mittee hearing will be to discuss agri- sponse to Hurricane Katrina.’’ 2006 for military activities of the De- cultural transportation and energy The PRESIDING OFFICER. Without partment of Defense, for military con- issues. struction, and for defense activities of The PRESIDING OFFICER. Without objection, it is so ordered. the Department of Energy, to prescribe objection, it it so ordered. COMMITTEE ON THE JUDICIARY personnel strengths for such fiscal year COMMITTEE ON ENERGY AND NATURAL RE- Mr. INHOFE. Mr. President, I ask for the Armed Forces, and for other SOURCES AND COMMITTEE ON COMMERCE unanimous consent that the Com- purposes; as follows: SCIENCE AND TRNASPORTATION mittee on the Judiciary be authorized At the end of subtitle E of title II, add the Mr. INHOFE. Mr. President, I ask to meet to conduct a hearing on ‘‘Cam- following: unanimous consent that the Com- eras in the Courtroom’’ on Wednesday,

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.070 S09NOPT1 S12628 CONGRESSIONAL RECORD — SENATE November 9, 2005 November 9, 2005 at 9:30 a.m. in the committee on Readiness and Manage- cruing to the Department of Defense from an Dirksen Senate Office Building Room ment Support be authorized to meet avoidance of the cost of removal of such 226. during the session of the Senate on No- items from the Republic of Korea or of the vember 9, 2005, at 2 p.m., in open ses- disposal of such items. The concessions may Witness List include cash compensation, services, waiver Panel I: The Honorable Chuck Grass- sion to receive testimony on Depart- of charges otherwise payable by the United ley, United States Senator, [R–IA]. ment of Defense business trans- States (such as charges for demolition of Panel II: The Honorable Diarmuid formation and financial management United States-owned or United States-in- O’Scannlain, Judge, United States accountability. tended munitions), and other items of value. Court of Appeals for the Ninth Circuit, The PRESIDING OFFICER. Without (4) TERMINATION.—No transfer may be Portland, OR; The Honorable Jan E. objection, it is so ordered. made under the authority of this subsection DuBois, Judge, District Court for the f after the date that is three years after the date of the enactment of this Act. Eastern District of Pennsylvania, EXPRESSING APPRECIATION Philadelphia, PA. (b) CERTIFICATION REGARDING MATERIEL IN Panel III: Barbara Bergman, Presi- Mr. WARNER. Mr. President, I thank STOCKPILE.—Not later than 60 days after the dent, National Association of Criminal the Presiding Officer and all members date of the enactment of this Act, the Sec- Defense Lawyers, Washington, DC; of our Senate staff who are assisting retary of Defense shall certify to the appro- Peter Irons, Professor of Political managers and other Senators in the priate committees of Congress whether or Science, Emeritus, University of Cali- completion of a good deal of work on not the ammunition, equipment, and mate- riel in the War Reserves Stockpile for Allies, fornia at San Diego, San Diego, CA; the bill today. I look forward to tomor- Korea that are available for transfer to the Seth Berlin, Partner, Levine Sullivan row and completion of this bill. I ex- Republic of Korea is of any utility to the Koch & Schulz, L.L.P., Washington, press my profound gratitude to our United States for any of the following: DC; Brian Lamb, Founder & Chairman, leadership and all those who made it (1) Counterterrorism operations. C–SPAN Washington, DC; Henry possible. (2) Contingency operations. Schleiff, Chairman and CEO, Court TV f (3) Training. Networks, New York, NY; Barbara (4) Stockpile, pre-positioning, or war re- Cochran, President, Radio-Television WAR RESERVES STOCKPILE serve requirements. News Directors Association & Founda- Mr. WARNER. I ask unanimous con- (c) TERMINATION OF STOCKPILE.— tion, Washington, DC. sent the Senate proceed to the imme- (1) IN GENERAL.—At the conclusion of the The PRESIDING OFFICER. Without diate consideration of S. 1988 intro- transfer to the Republic of Korea under sub- objection, it is so ordered. duced earlier today. section (a) of items in the War Reserves SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. The Stockpile for Allies, Korea pursuant to that Mr. INHOFE. Mr. President, I ask clerk will report the bill by title. subsection, the War Reserves Stockpile for unanimous consent that the Select The legislative clerk read as follows: Allies, Korea program shall be terminated. Committee on Intelligence be author- (2) DISPOSITION OF REMAINING ITEMS.—Any A bill (S. 1988) to authorize the transfer of items remaining in the War Reserves Stock- ized to meet during the session of the items in the War Reserves Stockpile for Al- pile for Allies, Korea as of the termination of Senate on November 9, 2005 at 10 a.m. lies, Korea. the War Reserves Stockpile for Allies, Korea to hold a closed business meeting. There being no objection, the Senate program under paragraph (1) shall be re- The PRESIDING OFFICER. Without proceeded to consider the bill. moved, disposed of, or both by the Depart- objection, it is so ordered. Mr. WARNER. Mr. President, I ask ment of Defense. SELECT COMMITTEE ON INTELLIGENCE unanimous consent the bill be read the (d) APPROPRIATE COMMITTEES OF CONGRESS Mr. INHOFE. Mr. President, I ask third time and passed, the motion to DEFINED.—In this section, the term ‘‘appro- unanimous consent that the Select reconsider be laid upon the table, and priate committees of Congress’’ means— Committee on Intelligence be author- any statements relating to the bill be (1) the Committees on Armed Services, Ap- ized to meet during the session of the printed in the RECORD. propriations, and Foreign Relations of the Senate on November 9, 2005 at 2 p.m. to The PRESIDING OFFICER. Without Senate; and hold a closed business meeting. (2) the Committees on Armed Services, Ap- The PRESIDING OFFICER. Without objection, it is so ordered. propriations, and International Relations of objection, it is so ordered. The bill (S. 1988) was read the third the House of Representatives. time and passed, as follows: SUBCOMMITTEE ON THE CONSTITUTION, CIVIL Mr. WARNER. I must say to the dis- RIGHTS AND PROPERTY RIGHTS Be it enacted by the Senate and House of Rep- Mr. INHOFE. Mr. President, I ask resentatives of the United States of America in tinguished Presiding Officer, the war unanimous consent that the Sub- Congress assembled, reserves stockpile for Korea, I don’t committee on the Constitution, Civil SECTION. 1. WAR RESERVES STOCKPILE FOR AL- know if that includes me with it or LIES, KOREA. Rights and Property Rights be author- not. I did spend a period of time over (a) AUTHORITY TO TRANSFER ITEMS IN there in 1951 and 1952 in the winter ized to meet to conduct a markup on STOCKPILE.— Wednesday, November 9, 2005, at 2 p.m. (1) IN GENERAL.—Notwithstanding section with the Marines. Likely I will be here in Dirksen 226. 514 of the Foreign Assistance Act of 1961 (22 again tomorrow morning to pursue the authorization bill. Agenda U.S.C. 2321h), the President is authorized to transfer to the Republic of Korea, on such I. Bill: S.J. Res. 1, the Marriage Pro- conditions as the President may determine, f tection Amendment. any or all of the items described in para- The PRESIDING OFFICER. Without graph (2). ORDERS FOR THURSDAY, objection, it is so ordered. (2) COVERED ITEMS.—The items referred to NOVEMBER 10, 2005 SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT in paragraph (1) are munitions, equipment, MANAGEMENT, THE FEDERAL WORKFORCE, and materiel such as tanks, trucks, artillery, Mr. WARNER. I now ask unanimous AND THE DISTRICT OF COLUMBIA mortars, general purpose bombs, repair consent that when the Senate com- Mr. INHOFE. Mr. President, I ask parts, barrier material, and ancillary equip- pletes its business today, it stand in ment if such items are— unanimous consent that the Sub- adjournment until 9:30 a.m. on Thurs- committee on Oversight of Government (A) obsolete or surplus items; day, November 10; I further ask, fol- Management, the Federal Workforce, (B) in the inventory of the Department of lowing the prayer and pledge, the and the District of Columbia be author- Defense; morning hour be deemed expired, the ized to meet on Wednesday, November (C) intended for use as reserve stocks for the Republic of Korea; and 9, 2005 at 3 p.m. for a hearing entitled, Journal of proceedings be approved to (D) as of the date of the enactment of this date, the time for the two leaders be ‘‘Access Delayed: Fixing the Security Act, located in a stockpile in the Republic of Clearance Process, Part II.’’ reserved, and the Senate then proceed Korea or Japan. to a period for morning business for up The PRESIDING OFFICER. Without (3) VALUATION OF CONCESSIONS.—The value objection, it is so ordered. of concessions negotiated pursuant to para- to an hour, with the first 30 minutes SUBCOMMITTEE ON READINESS AND graph (1) shall be at least equal to the fair under the control of the majority lead- MANAGEMENT SUPPORT market value of the items transferred, less er or his designee and the final 30 min- Mr. INHOFE. Mr. President, I ask any savings (which may not exceed the fair utes under the control of the Democrat unanimous consent that the Sub- market value of the items transferred) ac- leader or his designee; further, that the

VerDate Aug 31 2005 05:09 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.077 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12629 Senate resume consideration of S. 1042, ference reports ready for action before FEDERAL COMMUNICATIONS COMMISSION the Defense authorization bill as under we leave this week. MICHAEL JOSEPH COPPS, OF VIRGINIA, TO BE A MEM- the previous order. BER OF THE FEDERAL COMMUNICATIONS COMMISSION f FOR A TERM OF FIVE YEARS FROM JULY 1, 2005. (RE- The PRESIDING OFFICER. Without APPOINTMENT) objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. DEBORAH TAYLOR TATE, OF TENNESSEE, TO BE A TOMORROW MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- SION FOR THE REMAINDER OF THE TERM EXPIRING f Mr. WARNER. Mr. President, if there JUNE 30, 2007, VICE MICHAEL K. POWELL, RESIGNED. is no further business to come before DEPARTMENT OF STATE PROGRAM the Senate, I ask unanimous consent JANET ANN SANDERSON, OF ARIZONA, A CAREER MEM- Mr. WARNER. Tomorrow, we will that the Senate stand in adjournment BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- complete action on the Defense author- under the previous order. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ization bill. I firmly hope that, as does There being no objection, the Senate, OF AMERICA TO THE REPUBLIC OF HAITI. Senator LEVIN, and our respective lead- at 7:33 p.m., adjourned until Thursday, THE JUDICIARY ers. Senators can expect votes through- November 10, 2005, at 9:30 a.m. CAROL A. DALTON, OF THE DISTRICT OF COLUMBIA, TO out the day and tomorrow and should BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF f THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN plan accordingly. We will finish this YEARS, VICE A. NOEL ANKETELL KRAMER, ELEVATED. NOMINATIONS tomorrow. DEPARTMENT OF JUSTICE I remind my colleagues we will also Executive nominations received by PAUL J. MCNULTY, OF VIRGINIA, TO BE DEPUTY AT- consider three appropriation con- the Senate November 9, 2005: TORNEY GENERAL, VICE JAMES B. COMEY, RESIGNED.

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