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

Vol. 152 WASHINGTON, TUESDAY, JUNE 20, 2006 No. 80 House of Representatives The House met at 9:30 a.m. and was America’s public broadcasting system, Sadly, again, this year, public broad- called to order by the Speaker pro tem- where every week more than 87 million casting is under attack in the appro- pore (Mr. SIMMONS). Americans tune in to public television, priations process. One of the most dis- f and there are 30 million regular public maying cuts would be the advance radio listeners. funding program for 2009, ending a 30- DESIGNATION OF SPEAKER PRO In virtually every community across year practice. It goes back to 1975, TEMPORE the country, people can tune in to over where the Federal Government recog- The SPEAKER pro tempore laid be- 1,000 public broadcasting radio and tel- nized that the long-term investment in fore the House the following commu- evision stations for programs that in- these partnerships require people to be nication from the Speaker: form and inspire, for help with reading able to plan for the future. So we have or job training, for the latest in digital provided a cost-free guarantee of future WASHINGTON, DC, services, for local news and unique in- June 20, 2006. funding. It has provided long-term sta- I hereby appoint the Honorable ROB SIM- formation, and for a myriad of other bility to make this unique partnership MONS to act as Speaker pro tempore on this special reasons. Because these local work, but, sadly, the appropriators day. stations determine their own program would eliminate this advance funding. J. DENNIS HASTERT, schedules and often produce their own Another cut, which is hard to fath- Speaker of the House of Representatives. programming, they respond to commu- om, would be taking away money for f nity needs and leverage local support. digital conversion at the same time the There has been a key role for us here FCC is mandating that all broadcasters MORNING HOUR DEBATES in Congress. The Corporation for Pub- need to be compliant by February 2009. lic Broadcasting distributes an annual The SPEAKER pro tempore. Pursu- This funding would be for the third and ant to the order of the House of Janu- appropriation that we provide in ac- cordance with a statutory formula, the final installment, which is important ary 31, 2006, the Chair will now recog- for leveraging money from other part- nize Members from lists submitted by vast majority of which goes directly to public radio and television stations. ners, State matching grants, for in- the majority and minority leaders for stance. morning hour debates. The Chair will While this Federal appropriation ac- counts for only 15 percent of the entire At a time when public broadcasting alternate recognition between the par- cost of public broadcasting, it is leading the way for digital conver- ties, with each party limited to not to leverages critical investments from sion, it is ironic that our appropriators exceed 30 minutes, and each Member, State and local governments, from uni- would eliminate this program. It would except the majority leader, the minor- versities, businesses, foundations and, take away funding for educational pro- ity leader, or the minority whip, lim- most important, those millions of grams like Sesame Street, Between the ited to not to exceed 5 minutes. viewers and listeners of public radio Lions, and Maya and Miguel, putting The Chair recognizes the gentleman and television who provide their vol- them at risk. At a time we want highly from Oregon (Mr. BLUMENAUER) for 5 untary contributions. qualified teachers ready to teach, minutes. Now, this public support from the Internet-based teacher professional de- f Federal Government is critical, be- velopment would also be eliminated. These major reductions in funding PUBLIC BROADCASTING cause it helps fill in gaps in addition to inspiring those partnerships. Make no would have an immediate and severe Mr. BLUMENAUER. Thank you, Mr. mistake, if the Federal government re- impact on our communities and our Speaker. duces or eliminates its support, there constituents, as I say, especially in Amidst questions of Federal funding will still be public broadcasting in the small town and rural America. These and the efficiency of the budget proc- large metropolitan areas, New York, cuts from the appropriating process are ess, there is a unique American success San Francisco. My hometown of Port- despite strong shows of support on a bi- story, where a modest Federal invest- land, Oregon, will have public broad- partisan basis for our colleagues urging ment has inspired a multibillion-dollar casting. full funding. public-private partnership, the major- But what will suffer is not just the Last year we had an embarrassing ity of the funds actually voluntarily quality of the programming, but the political battle here on the floor of the provided by individual citizens sup- expensive service to rural and small House, where a bipartisan majority had porting local education, cultural, cur- town America which cannot generate to overturn the worst of the cuts. One rent events, and even emergency infor- enough resources to provide its own can only hope that we will be spared mation. I am referring, of course, to service. That will suffer. this saga and that the appropriating

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

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VerDate Aug 31 2005 04:28 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.000 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4222 CONGRESSIONAL RECORD — HOUSE June 20, 2006 process will provide the funds that PRAYER That is why I am pleased that the American public broadcasting needs. The Chaplain, the Reverend Daniel P. U.S. Supreme Court said yesterday it will consider a second appeal to rein- f Coughlin, offered the following prayer: Lord God, set the hearts of Your peo- state the Federal ban on partial birth HONORING ARTHUR GLIDDEN, ple on fire with a spirit of equal justice abortions. It is my hope the Supreme PRESIDENT OF THE BOARD OF in all circumstances and the spirit of Court will rule in favor of the right to THE WOLFEBORO CENTRE COM- love for neighbor and enemy as well. life and reinstate a ban on this terrible MUNITY CHURCH Inflame true desires of understanding act. The SPEAKER pro tempore. Pursu- in the Members of Congress, Lord, and f ant to the order of the House of Janu- in all people of this Nation; that the A NEW DIRECTION FOR AMERICA— ary 31, 2006, the gentleman from New barriers which now divide may be bro- RAISE THE MINIMUM WAGE Hampshire (Mr. BRADLEY) is recognized ken through; and that the bonds of mu- (Ms. EDDIE BERNICE JOHNSON of during morning hour debates for 2 min- tual respect may be strengthened. Texas asked and was given permission utes. May all in the human family learn to to address the House for 1 minute.) Mr. BRADLEY of New Hampshire. appreciate one another, pardon those Ms. EDDIE BERNICE JOHNSON of Mr. Speaker, I rise today to pay tribute who have done wrong and initiate the Texas. Mr. Speaker, I rise today to ad- to a constituent, Mr. Arthur Glidden, first gesture of reconciliation to oth- dress an ongoing moral crisis in this for his hard work and dedication to the ers. Congress and this administration. continuation and protection of the Like spokes in a wheel, Lord God, by Through fiscal irresponsibility and Wolfeboro Centre Community Church. drawing closer to one another may we corporate welfare, this Congress has He has worked on this project for over be drawn closer to You, Father of all, eroded away at American values and 43 years. Mr. Glidden is 83 years old now and forever. standards; and decent, hardworking and has been a resident of my home- Amen. Americans are the ones paying the town of Wolfeboro, New Hampshire, for f price. his entire life. Arthur’s wife, Dotty, is As Americans, we believe that any- THE JOURNAL also a lifelong resident of the commu- one who works 40 hours a week, 365 nity and a supporter of the church. The SPEAKER pro tempore. The days a year should be able to afford In 1841, a group of Wolfeboro citizens Chair has examined the Journal of the basic necessities for themselves and purchased one-third of an acre for $17 last day’s proceedings and announces their families. to build a nondenominational worship to the House his approval thereof. The reality is that there are millions center for the Christian members of Pursuant to clause 1, rule I, the Jour- of workers out there trying to support that area. This traditional New Eng- nal stands approved. their families on $5.15 per hour, and I land church was started, and it contin- f think my state has most of them. And ued in operation with the generous as everyone knows, $5.15 does not buy PLEDGE OF ALLEGIANCE help of the congregation. you a lot nowadays. In 1964, Arthur Glidden became presi- The SPEAKER pro tempore. Will the Each day, millions of minimum-wage dent of the church board and began gentlewoman from Texas (Ms. EDDIE workers are forced to choose between what has now become his long-standing BERNICE JOHNSON) come forward and food, shelter, health care, or clothing. devotion to the parishioners and the lead the House in the Pledge of Alle- No American who works hard for a liv- care and preservation of the building. giance. ing should have to make those types of Arthur has taken the traditions of Ms. EDDIE BERNICE JOHNSON of choices. when the meeting house was first built, Texas led the Pledge of Allegiance as Mr. Speaker, it has been an appalling and he has raised them to a higher follows: 9 years since we have seen an increase level. I pledge allegiance to the Flag of the in the Federal minimum wage. The For almost 25 percent of the life of United States of America, and to the Repub- Labor-HHS appropriations bill includes the Wolfeboro Centre Community lic for which it stands, one nation under God, a provision to raise the minimum wage Church, he has been its greatest pro- indivisible, with liberty and justice for all. to $7.25, hardly a living wage. This was tector and benefactor. At times, almost f a chance for Congress to do the right single-handedly, Arthur Glidden lifted thing, but the bill has not been sent. SUPREME COURT NEEDS TO f the church up to save it from declining PROTECT THE RIGHT TO LIFE attendance and carried it forward on PERMANENTLY REPEALING THE his shoulders until it was safe and se- (Ms. FOXX asked and was given per- DEATH TAX cure again. Arthur Glidden is to be mission to address the House for 1 (Mr. KELLER asked and was given commended for his steadfast dedication minute.) permission to address the House for 1 to the Wolfeboro Centre Community Ms. FOXX. Mr. Speaker, life is a pre- minute.) Church and all of his efforts to improve cious gift from God. It is something Mr. KELLER. Mr. Speaker, I rise the community in which he lives. that should be honored, cherished and today to give the American people never taken for granted. The unborn f some straight talk on why we need to are the most innocent and vulnerable permanently repeal the death tax. RECESS members of our society, and their right The death tax causes one-third of all to life must be protected. The SPEAKER pro tempore. Pursu- family-owned small businesses to liq- Mr. Speaker, I was delighted when uidate after the death of the owner. It ant to clause 12(a) of rule I, the Chair this Congress passed legislation in 2003 declares the House in recess until 11 is also an unfair tax because the assets to prohibit partial birth abortions. have already been taxed once at their a.m. today. This barbaric act entails partially re- Accordingly (at 9 o’clock and 40 min- income level. moving a fetus in the third trimester If Congress doesn’t act to fix this utes a.m.), the House stood in recess from its mother’s womb and then bru- problem, then in the year 2010 the until 11 a.m. tally killing it by puncturing or crush- death tax will be zero. But in 2011 the f ing its skull. The day that President death tax will go back up to 55 percent Bush signed the bill banning this hei- in tax rates. b 1100 nous act was a great one for our Na- The only family-owned business in tion. Unfortunately, some activist America that knows for sure whether AFTER RECESS judges in the Eighth U.S. Circuit and their leader will die in 2010 is The So- The recess having expired, the House Ninth U.S. Circuit Court of Appeals pranos. was called to order by the Speaker pro have taken it upon themselves to The uncertainty of the death tax tempore (Mr. KUHL of New York) at 11 strike down this law, and countless makes it impossible for people to write a.m. lives are lost as a result. their wills or do their estate planning.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.003 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4223 On April 13, 2005, the House acted to LINE-ITEM VETO IS A VEILED AT- In conclusion, God bless our troops, permanently repeal the death tax. On TEMPT TO ADDRESS RECORD and we will never forget September 11. June 8, 2006, the Senate fell just three DEFICITS f votes short. I urge the Senate to try (Ms. LORETTA SANCHEZ of Cali- SENIORS NEED A SIMPLE, AF- again to develop a permanent solution fornia asked and was given permission FORDABLE AND RELIABLE PRE- to the death tax so we can fix this to address the House for 1 minute.) SCRIPTION DRUG BENEFIT problem once and for all this year. Ms. LORETTA SANCHEZ of Cali- (Ms. SCHAKOWSKY asked and was fornia. Mr. Speaker, this week House f given permission to address the House Republicans will attempt to distance for 1 minute.) themselves from their 5-year record of RAISING THE MINIMUM WAGE Ms. SCHAKOWSKY. Mr. Speaker, fiscal irresponsibility when they try to (Ms. SOLIS asked and was given per- American seniors know that the Re- put through a line-item veto. mission to address the House for 1 publican prescription drug plan that You may remember that President minute and to revise and extend her re- took effect earlier this year is deeply Bush said that he needed the line-item marks.) flawed. The plan is complex and con- veto in his State of the Union speech Ms. SOLIS. Good morning, Mr. fusing, unfair and unreliable. this year. This is nothing but a hoax. Speaker. Imagine if you had not re- This is not the plan seniors wanted. President Bush and the Republican- ceived a pay increase since 1997. The They didn’t ask for a plan that forced controlled Congress have been partners price of goods and services you rely on them to go outside of Medicare to in creating record deficits since taking like gasoline and prescription drugs choose from dozens of private insur- control, complete control of our gov- have gone up dramatically over the ance plans, or a plan that creates a ernment in 2001. Over that time, more last few years. But one thing that giant gap in coverage that leaves them than 1,000 bills have been sent to the hasn’t has been the minimum wage. It with no benefits but still requires them President to sign; and he has signed all has almost been 10 years that we to pay monthly premiums. of them, each and every one. haven’t raised the minimum wage, and They didn’t ask for a plan that slaps And now the President wants a line- the reality is that 7 million Americans those who haven’t yet selected a plan item veto. If he was really concerned will not receive a minimum-wage pay with a penalty that stays with them about the way the House Republican increase. And most of those individuals the rest of their lives. happen to be single head of households, Congress is spending American tax- Democrats believe it is time that women, with kids, children. payer money, one would think that the seniors receive a simple and affordable Democrats want to take America in a President would have voted some of drug plan. We can make prescription different direction. We want to expand these bills down which were sent to his drugs more affordable by giving Medi- opportunities to millions of Americans desk. But, no. The President and the care the ability to negotiate lower that feel they have been left behind by Republican Congress have turned a $5 prices with the drug companies just the Bush economy that has favored the trillion surplus into a $4 trillion def- like the Veterans Administration does. wealthiest few above the middle class. icit. And they have nobody to blame We can make the plan simpler and One of the ways we want to expand op- but themselves. more cost effective, creating a plan portunity is by giving minimum-wage So if the President really wanted to within the current Medicare system. workers a pay raise for the first time do something about spending, he Mr. Speaker, Democrats are not sat- in a decade. should take some action now and veto isfied with the status quo. We will fight Last week, Democrats passed an some of these bills. to do more to help our seniors afford amendment to the Labor-HHS appro- f their prescription drugs. priations bill that would raise the min- HOUSE REPUBLICANS FIGHT f imum wage from $5.15 to $7.25 an hour. AGAINST PORK BARREL SPENDING PREACHER FOX Democrats were joined by several Re- publicans in passing this commonsense (Mr. WILSON of South Carolina (Mr. POE asked and was given per- amendment. We need to have support asked and was given permission to ad- mission to address the House for 1 to bring this up and vote on it. Let’s dress the House for 1 minute and to re- minute.) give those 7 million people an increase vise and extend his remarks.) Mr. POE. Mr. Speaker, a hypocrite in the minimum wage. Mr. WILSON of South Carolina. Mr. always practices what he preaches Speaker, when Members of Congress against. And while Vicente Fox took a f propose ways to spend American tax whirlwind tour of the United States dollars, we should be held publicly ac- acting like an old-fashioned revival CHAMPIONSHIP HOCKEY IN NORTH countable for our requests. This week, preacher preaching open borders, try- CAROLINA House Republicans will take another ing to intimidate Americans into al- (Mr. COBLE asked and was given per- important step to eliminate excessive lowing the illegal invasion of his peo- mission to address the House for 1 spending from the Federal budget proc- ple down Mexico City way, the gospel minute and to revise and extend his re- ess. of truth comes out. marks.) Congress has a strong leader for fis- Mexico, it seems, wants its southern Mr. COBLE. Mr. Speaker, champion- cal responsibility with Congressman border locked down. The Mexican Gov- ship hockey on North Carolina’s To- PAUL RYAN of Wisconsin, who has pro- ernment says too many illegals are bacco Road, unbelievable, as one of my posed a positive way to bring increased sneaking into Mexico, especially those Boston colleagues said last week. Well, transparency and accountability to our Guatemalans. The Mexican Govern- very believable this date because the budget process. By granting President ment says that illegals are taking jobs Carolina Hurricanes prevailed over the Bush the authority to single out indi- from Mexican citizens. Sound familiar? spirited and talented Edmonton Oilers vidual spending items in the legisla- While Mexico is demanding open and now proudly display the revered tion, the Legislative Line Item Veto doors into the rest of North America, Stanley Cup. Act will help target wasteful and un- they have got their own dead bolt on The Hurricanes formerly played in necessary spending. This legislation the door to the rest of the world. Greensboro, located in the congres- would enable the President to strike Preacher Fox, practice what you sional district I represent, but now call spending from a piece of legislation preach. Your immigration laws are Raleigh, North Carolina, home. And and would require Congress to hold an even tougher than America’s. Why the Raleigh and Carolina fans have up-or-down vote on the spending within don’t you open up your southern border been superb this season. 14 legislative days. to illegals? And meanwhile, preach to Mr. Speaker, ‘‘redneck hockey,’’ as it Passing this bill will send a strong your own people that illegally entering came to be known, is here to stay. statement that the power of the purse the United States is just wrong. Quit Congratulations to the Carolina Hur- does not provide permission for pork trying to be self-righteous and telling ricanes. barrel spending. America what to do.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.006 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4224 CONGRESSIONAL RECORD — HOUSE June 20, 2006 The words of hypocrites are seldom This is big news for democracy and peated desire to lend a hand to others. heard, especially the words from freedom. Our men and women in uni- They took a lead role last year in co- preachers. form deserve the utmost respect and ordinating ambulance services and lo- And that’s just the way it is. thanks, and I would like to honor them gistics for the evacuation of victims of f for a job well done Hurricanes Katrina and Rita. Their f hard work led to the relocation of 1,300 b 1115 people from the flood-damaged region. THE BREAST CANCER AND Mr. Speaker, MetroAtlanta Ambu- MINIMUM WAGE ENVIRONMENTAL RESEARCH ACT ´ lance Service is a great example of (Ms. LINDA T. SANCHEZ of Cali- (Mr. BISHOP of New York asked and what can be accomplished when sound, fornia asked and was given permission was given permission to address the honest business practices are coupled to address the House for 1 minute.) ´ House for 1 minute.) with a sincere desire to help neighbors Ms. LINDA T. SANCHEZ of Cali- Mr. BISHOP of New York. Mr. Speak- in need. fornia. Mr. Speaker, this week the er, I rise today on behalf of the over 3 Congratulations to MetroAtlanta Labor-H appropriations bill was sup- million women living with breast can- Ambulance. posed to be on the floor, but at the last cer, the leading cause of death among f minute, the House Republican leader- women between 40 and 55, including my THE ESTATE TAX ship stripped the bill from the sched- sister-in-law, Abby Irwin, who died at ule. It appears that the GOP is delay- only age 41 after an 11-year struggle. (Mr. EMANUEL asked and was given ing a vote on this bill solely because it One bill that would achieve a great permission to address the House for 1 includes an increase in the minimum deal to expand prevention and perhaps minute.) wage. one day lead to a cure is H.R. 2231, the Mr. EMANUEL. Mr. Speaker, the me- The minimum wage is now at its low- Breast Cancer and Environmental Re- dian income in America has dropped. est point in half a century. Last week search Act. This important legislation What is the Republican Congress try- the Appropriations Committee voted to would establish multidisciplinary and ing to do? Increase the minimum wage? gradually increase the minimum wage. multi-institutional breast cancer re- Nope. Making sure that everyone in This increase will provide a much- search centers to study the potential this country has access to affordable needed boost to 7 million Americans, links between breast cancer and the en- health care? Nope. Controlling energy hard-working people who get up every vironment. costs? Nope. morning and go to work. Although this bill enjoys the support It is making sure that the 18 wealthi- It is unfortunate that for almost a of 246 bipartisan cosponsors, and its est families in the Nation do not pay decade the Republican leadership has companion has 64 Senate cosponsors, their fair share. Median income over the last 4 years been forcing working families to make not a single hearing has been called in America has dropped by 2.8 percent. impossible choices, choices between since it was introduced over 1 year ago. paying the rent and buying groceries or If we are going to make a serious College costs are up by 38 percent. between paying the heating bill and commitment to preventing and curing Health care costs are up by 75 percent. buying much-needed prescription medi- breast cancer, we must pass this legis- Energy costs are up by over 72 percent. cation. lation. Our mothers, daughters, sisters, And yet the middle class in America An increase in the minimum wage is and friends who are at risk deserve no are facing a wageless recovery and an about fairness, and that is why the less than our greatest effort to eradi- endless occupation. The heirs to the Wal-Mart, Camp- American people overwhelmingly sup- cate this tragic and all too prevalent bell’s Soup, and Gallo Wine fortunes port an increase. Now that the House disease. rest easy knowing that this Congress is Appropriations Committee has acted, Mr. Speaker, I encourage all of my it is time for the Republican leadership hard at work on their behalf. colleagues to cosponsor the Breast So rather than raise the minimum to bring this bill up for a vote. Cancer and Environmental Research Mr. Speaker, the American people wage, the GOP Congress is going to cut Act. I would further urge our leader- taxes for the likes of Lee Raymond and have had enough of not having enough ship to expedite consideration of this to get by. his family. bill. Mr. Speaker, ‘‘shame’’ is defined as a f f sense of guilt or embarrassment, and it IRAQ METROATLANTA AMBULANCE: 2006 is a condition that seems to be lost SMALL BUSINESS OF THE YEAR here on the Republican Congress. (Mr. SAM JOHNSON of Texas asked It is time for a change. It is time for and was given permission to address (Mr. PRICE of Georgia asked and was a new direction. the House for 1 minute and to revise given permission to address the House and extend his remarks.) for 1 minute.) f Mr. SAM JOHNSON of Texas. Mr. Mr. PRICE of Georgia. Mr. Speaker, IN RECOGNITION OF JUDY WOLPE Speaker, I am here to congratulate the today I rise and ask the House to rec- (Mr. SCHWARZ of Michigan asked men and women of our Armed Forces ognize and congratulate an out- and was given permission to address who have cornered and captured the standing Atlanta area small business the House for 1 minute.) leader of al Qaeda in Iraq, al Zarqawi. that has proven to be a model for com- Mr. SCHWARZ of Michigan. Mr. His death dealt a harmful blow to his munity leadership and responsibility. Speaker, I rise today with a heavy followers who practice and preach hate, The MetroAtlanta Ambulance Serv- heart to recognize the life of Judy death, and fear. ice was recently named the Cobb Coun- Wolpe. Judy was the wife of former Better yet, the raid on the warlord’s ty Chamber of Commerce 2006 Small Congressman Howard Wolpe of Michi- hideout produced a slew of informa- Business of the Year. The company gan, who served in this Chamber from tion: policy, propaganda, and para- provides 9/11 emergency ambulance 1978 until 1992. Tragically, Judy was phernalia. Even Zarqawi says they are services and prehospital care for the the victim of a drowning accident losing. sick and injured throughout the At- while on vacation with her husband in Just as important is what transpired lanta area. Guatemala. after they uncovered that intelligence: As a medical doctor, I know the im- Judy was a distinguished public serv- 452 raids since the killing of al portance of reliable and rapid emer- ant in her own right, serving as board Zarqawi, 104 insurgents killed, and 759 gency response care, and MetroAtlanta chairwoman of Lansing Community anti-Iraqi elements captured. This Ambulance provides a service critical College, and in administrative posts for morning’s news release claims the to the health and well-being of our former Michigan Governor Jim Blan- death of Zarqawi’s replacement. community. The company has dem- chard and former Indiana Governor and One man said, ‘‘We are beating the onstrated time and again that they are current U.S. Senator EVAN BAYH. snot out of them. Why quit now short more than just a business. Rather, they Judy and I shared a hometown, Bat- of complete victory?’’ have shown an honest, sincere, and re- tle Creek, Michigan. We graduated

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.007 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4225 from the same high school. Judy was a tony that plagues our current budget the curtain on the earmarking process, distinguished educator, with degrees process. which some have termed the gateway from Michigan State University and f drug to spending addiction. By requir- Western Michigan University. She was ing specific votes, it will make it hard- HOUSE GOP PLANS TO DISMANTLE a devoted mother of four sons and er for Congress to spend millions of SOCIAL SECURITY AFTER NO- grandmother of five. Additionally, she taxpayer dollars on railroads to no- VEMBER ELECTIONS is survived by her father, two sisters, where, the Rock & Roll Hall of Fame, and her brother. (Mr. CARDOZA asked and was given and indoor rain forests. Judy had great zest for life. She was permission to address the House for 1 Let us enact the line item veto. a giving and warm person, and she will minute.) f be truly missed. Mr. CARDOZA. Mr. Speaker, we have CONGRATULATING THE CAROLINA f all heard the motto, ‘‘If at first you don’t succeed, try, try again.’’ Last HURRICANES VOTING RIGHTS ACT year the White House and congres- (Mr. ETHERIDGE asked and was (Ms. WATSON asked and was given sional Republicans failed in their ef- given permission to address the House permission to address the House for 1 forts to privatize Social Security. for 1 minute and to revise and extend minute.) Democrats stood united in defending his remarks.) Ms. WATSON. Mr. Speaker, tomor- the program, and the American people Mr. ETHERIDGE. Mr. Speaker, I rise row the House is scheduled to vote on saw the privatization effort for what it today with my colleagues to congratu- H.R. 9, the Voting Rights Reauthoriza- was, a dismantling of the Social Secu- late the Carolina Hurricanes for win- tion Act. rity safety net that has provided mil- ning the most storied trophy in sports, In a Nation where children are lions of seniors real independence in the Stanley Cup. The Hurricanes de- taught at the earliest age that every their retirement years. feated the Edmonton Oilers in game citizen has a right to vote, it would be The American people were clear with seven to win the first Stanley Cup and comforting to know that the last Washington Republicans: Keep your the first professional league sporting vestiges of voter discrimination had hands off our Social Security. We title for any North Carolina team. The been swept away by the Voting Rights thought they had gotten the message Hurricanes exemplify what is great Act. last year. Now, however, it appears about professional sports: teamwork, But the facts paint a much different that House Republicans want the pri- dedication, and sportsmanship. and unsettling picture. Sadly, African vatization back on the table. Earlier In addition to congratulating the Americans and other minorities con- this month the man most likely to lead players, coaches and the Hurricanes or- tinue to face calculated and deter- the Republicans’ Ways and Means Com- ganization, I would also like to con- mined efforts to prevent them from ex- mittee next year says it should be their gratulate all the team’s fans, the ercising their fundamental democratic top priority if they retain control of Caniacs. When the Hurricanes first ar- rights. That is why extension of key Congress to privatize Social Security. rived in North Carolina in 1997, skep- expiring provisions of the Voting Is the Republican majority in this tics across North America really Rights Act is critical. House really that out of touch? The thought that a Southern State could Mr. Speaker, the right to vote is a American people have already rejected not support a hockey team. Well, we foundation of democracy, and the Vot- their risky privatization plan. Instead certainly have proven them wrong. The ing Rights Act provides the legal basis of dismantling a critical safety net for excitement that the team’s fans dis- to protect the rights of all Americans. millions of Americans, House Repub- played throughout every game of the It is my hope that this body will do the licans should join the Democrats in playoffs shows that folks in basketball right thing and not allow weakening strengthening Social Security for the country love our hockey team. It may amendments that would undermine the future. The time has come to protect be shocking to our cold weather na- effectiveness of this historical voter Social Security. tives, but North Carolina won the cup. act to be passed. f Hockey has long been thought of as a national sport to our neighbors to the f LEGISLATIVE LINE ITEM VETO North, but now it is the sport of the LINE ITEM VETO (Mr. HENSARLING asked and was good old North State. (Mr. MCHENRY asked and was given given permission to address the House Congratulations, Canes. permission to address the House for 1 for 1 minute and to revise and extend f minute.) his remarks.) Mr. MCHENRY. Mr. Speaker, House Mr. HENSARLING. Mr. Speaker, I IMMIGRATION Republicans understand that fiscal re- rise today to urge passage of the Legis- (Mr. GINGREY asked and was given straint is not an option. It is a neces- lative Line Item Veto Act. It provides permission to address the House for 1 sity. a budget savings tool that almost minute and to revise and extend his re- Since 1991, Federal spending on spe- every governor in the Nation already marks.) cial-interest projects has increased by possesses. It will enable the President Mr. GINGREY. Mr. Speaker, I rise 900 percent. It is interesting just in the to identify questionable and wasteful today in support of effective, fair, and last emergency spending bill we passed earmark projects that have been secure immigration reform, not the out of this Congress, there is $38 mil- slipped into spending bills so that Con- amnesty plan passed by the Senate this lion in oyster research money. Now, I gress can vote separately on their mer- month. certainly like oysters. I think they are its. The Senate plan allows millions of il- great whether they are raw or steamed Surely, Mr. Speaker, at a time of legal immigrants to get a green card or even fried. I am Southern, so fried war, historic national debt, and record and a path to citizenship. Mr. Speaker, oysters are great. But I do not think high tax revenues, it doesn’t seem too let me ask you, what does this say to the Federal Government should be much to ask that legislators show a lit- all the law-abiding people patiently spending $38 million. tle bit more accountability on how the waiting to become American citizens? That is why I support the Presi- people’s money is spent. Just last It says they should have sneaked into dential line item veto, and I think it is month the Social Security and Medi- our country and ignored our immigra- important that the President have the care trustees reported that both Social tion laws like everyone else. authority to root out those wasteful Security and Medicare are going broke Mr. Speaker, there is a better way to spending projects and make sure that sooner than expected, and, thanks to achieve meaningful immigration re- pork-barrel spending does not continue Democrats’ stonewalling, $2 trillion form, and I am committed to passing to grow. have been added in unfunded obliga- the right kind of bill. We need to se- Mr. Speaker, this initiative will tions. cure our borders first; give businesses a make Congress more accountable and We must have some fiscal restraint. fail-safe way to ensure the workers help us eliminate the government glut- The line item veto will help pull back that they hire are legal; and above all,

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.009 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4226 CONGRESSIONAL RECORD — HOUSE June 20, 2006 start enforcing the immigration laws dress the House for 1 minute and to re- We cannot make ends meet. Seventy- already on the books. Until we can ac- vise and extend his remarks.) five percent of those who earn this are complish these goals, any so-called Mr. MILLER of North Carolina. Mr. responsible for at least half of their ‘‘reform plan’’ will be little more than Speaker, when President Bush took of- family’s income. If you can’t raise your a recipe for failure. fice, our Nation had a $5.6 trillion sur- children on a middle-income salary, Mr. Speaker, I ask that you and all of plus. President Bush said that the sur- how can you do it on one-third the my colleagues join me in standing firm plus proved taxes were too high and amount? and saying ‘‘no’’ to the Senate’s am- called for cutting taxes on the richest Democrats believe in increasing the nesty plan. Americans. minimum wage, and we know that we f Then he said because the economy will see the minimum wage increase. It was doing badly, we had to stimulate b 1130 is time for Republicans to wake up. the economy by cutting taxes on the f CREATING A LIVABLE WAGE FOR richest Americans. The richest Ameri- EVERYONE WILLING TO WORK cans, President Bush said, would sleep COMEDY CENTRAL AND THE DAILY SHOW COME TO THE (Mr. DAVIS of Illinois asked and was in and spend the afternoon watching HOUSE FLOOR given permission to address the House soap operas instead of creating jobs for for 1 minute and to revise and extend other Americans, unless they got a (Mr. MCDERMOTT asked and was his remarks.) generous tax cut. given permission to address the House Mr. DAVIS of Illinois. Mr. Speaker, Now President Bush and Congres- for 1 minute and to revise and extend it amazes me that we are still talking sional Republicans say that the same his remarks.) about raising the minimum wage. What tax rates on the richest Americans in Mr. MCDERMOTT. Mr. Speaker, we ought to be talking about is the cre- effect when we had a surplus would ‘‘Comedy Central’’ and ‘‘The Daily ation of a livable wage for every person now cause the deficit to worsen. Show’’ have come to the floor of the who is willing and able to work. Plus Mr. Speaker, the Republican fondness House. The House Republicans have we all know that any increase in wages for cutting taxes on the richest Ameri- thrown up their hands and said, save us for those at the bottom will be plowed cans has nothing to do with job cre- from ourselves. They are going to come right back into the economy to help ation or stimulating the economy or out here with the line item veto. make it strong. reducing the deficit. The tax cuts on Now, every single item that goes out Let’s do the sensible thing. Let’s the richest Americans has resulted in of this House has been through a com- make livable wages a reality for all turning a $5.6 trillion surplus into a $4 mittee chaired by a Republican with a working Americans. Let’s let people trillion deficit, pushing interest rates Republican majority on that com- know that after 40 hours of work, they up, stagnating savings rates, and drag- mittee. No single item has gotten out can pay the rent, buy adequate food, ging the economy down. of here that they have not had their have decent shelter and go to the doc- My colleagues, Mr. HENSARLING and look at. They want to slip it into the tor when they are sick. Surely we can Mr. MCHENRY, were correct in their re- bill and then send it to the President afford that much. marks a few minutes ago: this Repub- and run down there to the White House f lican Congress has absolutely no dis- and say, Please, Mr. President, save us ENDING TERRORISM ONCE AND cipline on the spending side. But nei- from ourselves. We can’t stop our- FOR ALL ther do they have any discipline on the selves. We have to keep spending tax side. money. (Mrs. BLACKBURN asked and was Mr. Speaker, pay-as-you-go budget This is the most ridiculous piece of given permission to address the House rules worked in the 1990s to control the legislation you have come up with in for 1 minute and to revise and extend deficit and kept Congress from working this session. There is no excuse for it her remarks.) Mrs. BLACKBURN. Mr. Speaker, this on economic fantasies. It is time to whatsoever. If you can’t stop your- morning we have heard some sad re- bring those rules back. selves in the committee, and you can’t ports that the bodies of our missing Mr. Speaker, congratulations Hurri- stop yourselves on the floor, why would soldiers have been found. canes. you have to call the President? Mr. Speaker, our hearts are with f Do you understand the separation of powers? We are the ones who decide those families and with our entire Fort INCREASE THE MINIMUM WAGE Campbell family. And to those who how the money gets spent, not the (Ms. JACKSON-LEE of Texas asked have claimed responsibility, whether President. It is your responsibility that they are actually responsible or not, and was given permission to address you have spent away the surplus into and I want to respond to that state- the House for 1 minute and to revise the biggest deficit in history. Shame ment and quote them, the Mudjadeen and extend her remarks.) on you. Ms. JACKSON-LEE of Texas. Mr. Shura Council, they are terrorists, Mr. f Speaker, and this is their quote: ‘‘The Speaker, the House should be cited for dereliction of duty. Over the years, we ANNOUNCEMENT BY THE SPEAKER strongest army in the world is turned PRO TEMPORE around, ashamed of their failure.’’ have failed to raise the minimum wage. Mr. Speaker, no, we are ashamed of That is why Amanda and her two chil- The SPEAKER pro tempore. Pursu- these, and I use the term lightly, these dren can barely survive in Wisconsin, ant to clause 8 of rule XX, the Chair human beings, who believe they have and why this headline says: ‘‘States will postpone further proceedings the right to maim and murder innocent lead the way to raise minimum wage. today on motions to suspend the rules people here in America and in the Mid- Inaction in Washington has helped on which a recorded vote or the yeas dle East and do it in the name of reli- push this bipartisan effort.’’ and nays are ordered, or on which the gion. Isn’t it a shame that the Republican vote is objected to under clause 6 of Mr. Speaker, they could not be more majority in this Congress doesn’t get rule XX. wrong about how this country feels. We it? Although we have an amendment to Record votes on postponed questions are proud of our military men and raise the minimum wage in our Labor- will be taken later today. women, I am so proud of those families HHS bill, there is rumor that it will be f at Fort Campbell, and we are proud of stricken. HONORING THE LIFE AND ACCOM- the dedication to ending decades of ter- The minimum wage is the lowest in PLISHMENTS OF JAMES CAM- rorism once and for all. 50 years and hasn’t been raised since ERON f 1997. At $5.15 an hour, you can only earn $10,700 a year, supporting a family Mr. DENT. Mr. Speaker, I move to BRING BACK PAY-AS-YOU-GO of one, two, three, six and seven and suspend the rules and agree to the reso- BUDGET RULES others. lution (H. Res. 867) honoring the life (Mr. MILLER of North Carolina This is a crisis. Americans who earn and accomplishments of James Cam- asked and was given permission to ad- dollars invest back into our economy. eron, as amended.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.010 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4227 The Clerk read as follows: The Chair recognizes the gentleman and era it represents. What is missing H. RES. 867 from Pennsylvania. from this picture, however, is James Whereas James Cameron founded Amer- GENERAL LEAVE Cameron, the sole survivor of this ica’s Black Holocaust Museum (the Museum) Mr. DENT. Mr. Speaker, I ask unani- gruesome incident. in Milwaukee, Wisconsin, the only memorial mous consent that all Members may James Cameron had also been as- in the United States to victims of lynching have 5 legislative days within which to saulted by the lynch mob that night. and racial violence; revise and extend their remarks and in- He was falsely accused of participating Whereas Mr. Cameron was the last living in the murder of a young white man. survivor of a lynching until his death on clude extraneous materials on the reso- June 11, 2006, at age 92; lution under consideration. He survived his severe beating and at- Whereas a Senate resolution recognized The SPEAKER pro tempore. Is there tempted lynching, but was sentenced Mr. Cameron as the Nation’s oldest living objection to the request of the gen- to 4 years in the State prison for acces- lynching victim in June 2005 and formally tleman from Pennsylvania? sory before the fact to manslaughter. apologized for its failure to outlaw lynching, There was no objection. Because of his personal experience, which killed more than 4,700 people from 1882 Mr. DENT. Mr. Speaker, I yield my- Cameron dedicated his life to pro- to 1968, three-fourths of whom were black; self such time as I may consume. moting civil rights, racial peace, unity, Whereas seven United States Presidents called for lynching to be outlawed, and the James Cameron, thought to be the and equality. House of Representatives passed bans three United States’ last known survivor of a Cameron was instrumental in the es- times in the early twentieth century, only to lynching in the early 1930s, fostered a tablishment of several NAACP chap- have the Senate filibuster each of them, one lifelong commitment to civil rights ters in both Milwaukee and Indiana filibuster lasting six weeks; that included creating America’s Black and served as the Indiana State Direc- Whereas in Marion, Indiana in 1930, when Holocaust Museum. After an emotional tor of Civil Liberties. During his 8-year he was 16 years old, Mr. Cameron and two 1979 visit to an Israeli museum that tenure, Cameron investigated over 25 friends, Abe Smith (age 19) and Tommy Shipp (age 18), were falsely accused of killing honors the memories of millions of incidents of civil rights infractions and a Caucasian man and raping his girlfriend; people killed in the Holocaust, Cam- faced many acts of violence and death Whereas after the arrest of the three men, eron decided to create a similar memo- threats for his work. a mob broke into the jail where they were rial to pay tribute to the African Although a great contributor to the being held and tried to lynch them; American lives lost to lynching, slav- civil rights movement, Cameron want- Whereas the mob lynched Mr. Smith and ery and other injustices. ed to do even more, especially to give a Mr. Shipp but spared Mr. Cameron’s life; June 19, 1988, also known as voice to the thousands of people who Whereas Mr. Cameron was beaten into Juneteenth, the holiday commemo- signing a false confession, convicted in 1931, lost their lives in the era of lynching. and paroled in 1935; rating the end of slavery in the U.S., In 1988, Cameron founded America’s Whereas the governor of Indiana pardoned marked the grand opening of America’s Black Holocaust Museum to document Mr. Cameron in 1993 and apologized to him; Black Holocaust Museum. The museum racial injustices suffered by people of Whereas Mr. Cameron promoted civil and is housed in a 12,000 square-foot build- African heritage. Cameron believed social justice issues and founded three ing in Milwaukee, Wisconsin, and fea- that never should we be allowed to for- NAACP chapters in Indiana during the 1940s; tures a permanent exhibit on slavery get or deny the horrors of the lynch Whereas James Cameron served as the In- that includes a 15-foot reproduction of mobs. In total, nearly 4,700 men and diana State Director of Civil Liberties from 1942 to 1950, and he investigated over 25 cases the cargo hold of a slave ship and a 45- women were killed by lynch mobs in involving civil rights violations; foot enclosed mural depicting the jour- the 148 years when lynching was com- Whereas Mr. Cameron relocated to Wis- ney from Africa across the Atlantic. mon practice in the United States. The consin after receiving many death threats, Cameron was also responsible for the museum is located in Milwaukee, Wis- but he continued civil rights work and founding of three NAACP chapters in consin, the city where Cameron relo- played a role in protests to end segregated Indiana in the 1940s, and he became the cated to after death threats forced him housing in Milwaukee; first president of the NAACP branch in to leave his home in Indiana. Whereas in 1983, Mr. Cameron published A Anderson, Indiana. Time of Terror, his autobiographical account Last week, Mr. Cameron, the last of the events surrounding his arrest in 1930; During the 1960s, Cameron partici- surviving victim of lynch mob vio- Whereas Mr. Cameron founded America’s pated in both marches on Washington, lence, died in Milwaukee. His commit- Black Holocaust Museum in 1988 in order to the first with Dr. Martin Luther King, ment to civil rights and to those who preserve the history of lynching in the Jr., and the second with Dr. King’s died at the hands of lynch mobs is a United States and to recognize the struggle widow, Coretta Scott King, and the testament to the human spirit and of African-American people for equality; Reverend Jesse Jackson. overcoming tragedies. Whereas the Museum contains the Nation’s I urge all Members to come together James Cameron most cherished a let- foremost collection of lynching images, both to honor the life of a man who was a photographs and postcards, documenting the ter he received from the State of Indi- heinous practice of lynching in the United true survivor and who persevered above ana on February 3, 1993. The letter States; all to promote civil rights and equal- granted Mr. Cameron a pardon and Whereas the Museum performs a critical ity. public apology. role by exposing this painful, dark, and ugly Mr. Speaker, I reserve the balance of I urge my colleagues to recognize the practice in the Nation’s history, so that my time. life and work of James Cameron by knowledge can be used to promote under- Mr. DAVIS of Illinois. Mr. Speaker, I passing this resolution. standing and to counter racism, fear, and vi- yield myself such time as I may con- Mr. DENT. Mr. Speaker, at this time olence; sume. Whereas the Museum also documents the I have no other speakers, and I will re- history of the African-American experience Mr. Speaker, I am pleased to join in serve the balance of my time. from slavery to the civil rights movement to consideration of H. Res. 867, a bill hon- Mr. DAVIS of Illinois. Mr. Speaker, the present day; and oring the life and accomplishments of it is my pleasure to yield such time as Whereas the Museum exists to educate the James Cameron. I also want to com- she may consume to the gentlewoman public about injustices suffered by people of mend the gentlewoman from Mil- from Wisconsin (Ms. MOORE), who not African-American heritage, and to provide waukee, Wisconsin, for her introduc- only introduced this legislation, but visitors with an opportunity to rethink as- tion of this legislation and for the tre- who also represents the area where the sumptions about race and racism: Now, mendous amount of work that she has therefore, be it holocaust museum is located. It has Resolved, That the House of Representa- done on it. been my pleasure to visit that mu- tives honors and celebrates the life and ac- Mr. Speaker, on August 7, 1930, a fa- seum. complishments of James Cameron and ex- mous photograph was taken in Marion, presses condolences at his passing. Indiana, depicting two young black b 1145 The SPEAKER pro tempore. Pursu- men, recently lynched, hanging in a Ms. MOORE of Wisconsin. Mr. Speak- ant to the rule, the gentleman from tree above the delighted faces of the er, I rise today in strong support of Pennsylvania (Mr. DENT) and the gen- mob that had just beaten and murdered House Resolution 867, a resolution hon- tleman from Illinois (Mr. DAVIS) each them. Many of us have seen this pic- oring the great late Dr. James Cam- will control 20 minutes. ture and are horrified by the actions eron, the only known survivor of a

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.013 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4228 CONGRESSIONAL RECORD — HOUSE June 20, 2006 lynching and founder of America’s only I strongly urge my colleagues to con- the rules were suspended and the reso- black holocaust museum located in tinue to add to the historic signifi- lution, as amended, was agreed to. Milwaukee, Wisconsin. cance of this week by supporting this A motion to reconsider was laid on Mr. Speaker, I rise today with my 92 resolution honoring the life and accom- the table. cosponsors, including the entire dele- plishments of a man who had a life f gation from Wisconsin, in remem- worth living, Dr. James Cameron. COMMENDING THE PATRIOT brance and to honor one of our Nation’s Mr. DAVIS of Illinois. It is now my GUARD RIDERS true civil rights pioneers, a man who pleasure to yield 1 minute to the gen- experienced the most horrific acts of tlewoman from Texas who has spent Mrs. DRAKE. Mr. Speaker, I move to violence in this country’s history and much of her life working on behalf of suspend the rules and agree to the reso- who used that experience to promote civil rights and racial reconciliation, lution (H. Res. 731) commending the social justice and racial healing. This Representative SHEILA JACKSON-LEE. Patriot Guard Riders for shielding resolution honors a man who at the Ms. JACKSON-LEE of Texas. I thank mourning military families from pro- tender age of 16 witnessed the lynching the distinguished gentleman. It is an testers and preserving the memory of of his two friends. And although the honor to follow his leadership on these fallen servicemembers at funerals, as lynch mob had looped a rope around his issues of empowerment and particu- amended. neck, his life was miraculously spared. larly of African American men. I rise The Clerk read as follows: This resolution honors a man who today to acknowledge the very special H. RES. 731 spent most of his life after that point moment of history we have today to Whereas in 2005, a small group of American dedicated to the eradication of racism, pass this resolution in honor of Mr. Legion Riders in Kansas calling themselves the preservation of African American Cameron, and particularly I rise to pay the ‘‘Patriot Guard’’ began a movement to history, and the advancement of civil tribute and honor my colleague from shield the families and friends of fallen serv- rights for all of us. Dr. James Cameron Wisconsin, the honorable GWEN MOORE, ice members from interruptions by pro- testers appearing at military funerals; embraced the call of civil rights and for her insightful leadership to bring to the attention of this House a man who Whereas individuals from Colorado, Okla- social justice work despite several homa, and Texas later brought together di- death threats, Mr. Speaker. He went on survived lynching, a man who is sym- verse groups of motorcycle organizations to found three NAACP chapters in Indi- bolic of almost 5,000 who were lynched across the country who rode to honor fallen ana and played a role in protests to end as others watched and stood by, a man service members, forming an organization segregated housing in Milwaukee, Wis- who dedicated his life to civil rights known as the ‘‘Patriot Guard Riders’’; consin. even though he was threatened every Whereas the Patriot Guard Riders have In 1988, Mr. Cameron founded the day such that he had to leave his place since grown into a nationwide network, in- cluding both veterans and nonveterans and Black Holocaust Museum after an in- of birth, a place that he loved, the State of Indiana, and move to Wis- riders and nonriders, and is open to anyone spirational journey to Israel in order to who shares a respect for service members preserve the history of lynching in the consin. A person who used the tragedy of his who have made the ultimate sacrifice for the United States and to use this knowl- Nation; edge to promote understanding and life, the tragedy of his two young Whereas Patriot Guard Riders attend mili- combat racism, fear, and violence. friends to be a man who perpetrated tary funerals to show respect for fallen serv- Dr. James Cameron left us and reconciliation and the ending of rac- ice members and to shield mourning family passed away on Sunday, June 11 at the ism. Thank you to the Honorable GWEN members and friends of the deceased from age of 92. This was almost one year to MOORE for enlightening this body and protestors who interrupt, or threaten to in- terrupt, the dignity of the event; the day that the United States Senate allowing us to pay tribute as we debate this week the Voter Rights Act reau- Whereas across the Nation, Patriot Guard honored Cameron as the only lynching Riders volunteer their time to come to the survivor and passed its historic resolu- thorization. Yes, this is a moment in history for this House to take, and I aid of military families in need, so to allow tion formally apologizing for not pass- the memories of the deceased service mem- ing anti-lynching legislation through- hope it will take it enthusiastically ber to be remembered with honor and dig- out much of the 20th century. Just yes- and unanimously support the resolu- nity; terday we laid Dr. Cameron to rest on tion offered today honoring Mr. Cam- Whereas regardless of one’s opinion of the eron for his enormous leadership. the symbolic day, Juneteenth Day, in Nation’s military commitments, the fami- Thank you, Congresswoman GWEN lies, friends, and communities of the Na- commemoration for the ending of slav- MOORE. tion’s fallen soldiers deserve a peaceful time ery in this country; also Juneteenth Mr. DENT. Mr. Speaker, I reserve the of mourning and should not be harassed and Day commemorating the 18th anniver- balance of my time. caused further suffering at a funeral; sary of the founding of America’s Mr. DAVIS of Illinois. Mr. Speaker, Whereas Patriot Guard Riders appear at a Black Holocaust Museum. we have no further requests for time. funeral only at the invitation of the fallen soldier’s family and participate in a non- Mr. Speaker, this is a significant But I, too, would simply like to com- week in civil rights and in black his- violent, legal manner; and mend again the gentlewoman from Whereas the members of the Nation’s tory. In addition to yesterday being Wisconsin for her insight, for her pas- Juneteenth, the House plans to con- Armed Forces willingly risk their lives to sionate display of the relevance of the protect the American way of life and the sider the reauthorization of the Voting holocaust museum, but also the rel- freedoms guaranteed by the Constitution: Rights Act this week. Dr. Cameron’s evance of the life of a real pioneer and Now, therefore, be it life exemplifies the imperative of the one who could teach in spite of his own Resolved, That the House of Representa- civil rights struggle, the call to listen personal tragedy. tives expresses its deepest appreciation to to our humanity over and above our Mr. Speaker, I yield back the balance the Patriot Guard Riders who— fear. Dr. Cameron taught us to be bet- (1) attend military funerals across the of my time. country to show respect for fallen members ter, not bitter. Mr. DENT. Mr. Speaker, I urge all Years ago, Dr. Cameron placed me on of the Armed Forces and, when needed, Members to support the adoption of shield mourning family members and friends his board of directors of America’s House Resolution 867, as amended, to of the deceased from protestors who inter- Black Holocaust Museum, a relation- commemorate the extraordinary life of rupt, or threaten to interrupt, the dignity of ship that I sought for personal res- Dr. Cameron. a funeral; and urrection, restoration, reconciliation, Mr. Speaker, I yield back the balance (2) in so doing, help to preserve the mem- renewal, and regeneration as an heir of of my time. ory and honor of the Nation’s fallen heroes. the shameful experience of slavery. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- However, Mr. Speaker, all, all of whom question is on the motion offered by ant to the rule, the gentlewoman from encountered Dr. Cameron throughout the gentleman from Pennsylvania (Mr. Virginia (Mrs. DRAKE) and the gen- the world, including the family of the DENT) that the House suspend the rules tleman from North Carolina (Mr. young victim on that August night, all and agree to the resolution, H. Res. 867, BUTTERFIELD) each will control 20 min- who experienced Dr. Cameron experi- as amended. utes. enced reconciliation, the reconciling The question was taken; and (two- The Chair recognizes the gentle- and redemptive power of forgiveness. thirds having voted in favor thereof) woman from Virginia.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.015 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4229 GENERAL LEAVE Services Committee. And I certainly (Mr. MORAN), the sponsor of the resolu- Mrs. DRAKE. Mr. Speaker, I ask want to thank Mr. MORAN for bringing tion. unanimous consent that all Members forth this resolution and thank Mrs. Mr. MORAN of Kansas. Mr. Speaker, have 5 legislative days within which to DRAKE of Virginia for managing the I thank the gentlewoman from Vir- revise and extend their remarks on the time and urging the adoption of this ginia, and I also thank the leader of resolution under consideration. resolution. the Armed Services Committee, the The SPEAKER pro tempore. Is there Mr. Speaker, in 2004, my hometown gentleman from California (Mr. objection to the request of the gentle- of Wilson, North Carolina, suffered its HUNTER), as well as my chairman from woman from Virginia? first casualty of war since Vietnam. the Veterans’ Affairs Committee, the There was no objection. Our community is a rather small com- gentleman from Indiana (Mr. BUYER) Mrs. DRAKE. Mr. Speaker, I yield munity of 43,000 people, and all of the for their support of this resolution, as myself such time as I may consume. residents of my community including well as my colleagues from Kansas. Mr. Speaker, I rise today in strong myself felt the sting of this terrible Many good things come from Kansas, support of House Resolution 731 offered tragedy. including the Patriot Guard, but in re- by my friend and colleague from Kan- It is abhorrent to me to denigrate sponse to something that is less than sas, Representative JERRY MORAN. this honorable ceremony; yet somehow desirable, and that is a radical Topeka, Just last month, this Congress re- a few people have found a reason to jus- Kansas-based church has been dis- sponded magnificently to the deplor- tify the terrible act of picketing a mili- rupting funerals of servicemembers able acts of a few who celebrate the tary funeral. That in my opinion, Mr. now for several years, with picketers deaths of our fallen soldiers when it Speaker, is despicable. A military fu- that appear at those funerals during passed the Respect For America’s Fall- neral is a farewell; it is a farewell for and holding signs that read, ‘‘Thank en Heroes Act. In doing so, we sent a loved ones and a final act of thanks God for IEDs,’’ and, ‘‘Thank God for strong message to those who would from a grateful Nation. Every soldier dead soldiers.’’ No Kansan, no Amer- hide behind the first amendment while in our history, no matter who the ican can respond to that in any way using hate speech to dishonor the enemy has been, has been granted this but the way that it has been described memories of those who have honorably one simple act which has tragically by my colleagues today. served their country in the Armed been repeated so many times and too But in 2005, the American Legion Forces simply because they disagree many times during this and other wars, Riders of Post 136 in Mulvane, Kansas, responded by bringing their motor- with policy. but always with pride. However, this resolution tells the Every parent deserves to lay their cycles and themselves to those funeral other side of the story, the positive child to rest as a soldier and as a hero, services where they provided a buffer between the protesters and the families side. In response to these so-called pro- a person to whom servicemen and serv- of those deceased service men and testers, an all-volunteer group known icewomen can look with reverence. women. They decided to take action as the Patriot Guard Riders was Every wounded veteran, Mr. Speaker, and called themselves the Patriot formed to shield those who mourn the can look to these fallen men and Guard, and they organized their sup- death of their loved ones from those women and draw strength from their porters from across the country to at- who celebrate it; and since last year, memories. tend those funerals and shield our mili- these patriots have seen their member- To those who are grieving and most tary families. They waved the Amer- ship rise to the tens of thousands. Now vulnerable, the protest must be utterly ican flag, sang patriotic songs, and the threat of protest at a military fu- devastating to them. They are nothing took lawful and peaceful action to neral is met with the roar of hundreds more than cowardly attacks on mem- bers of our communities most deserv- serve as a barrier between the families of motorcycles bearing American flags and protesters. Their actions preserved thundering down the street providing ing of our gratitude and our respect. Today, Mr. Speaker, we come to the the dignity and honor of these funeral both a visible and audible barrier be- floor to honor those who have shown services and allowed the families a tween the families that are trying to courage in response to cowardness. I peaceful time of mourning on that day honor their loved ones and those trying commend in the strongest possible of service that they so much deserved. to disrespect them. terms the Patriot Guard Riders. These This movement has now spread Mr. Speaker, the families of our fall- across from Mulvane, Kansas, across en heroes should be allowed to bury volunteers have come forward in de- fense of our military families, includ- the State and around the Nation. The their loved ones with the respect and Patriot Guard Riders now include dignity they deserve, not with the ridi- ing a dear friend of mine from Greens- boro, North Carolina, Mr. Steve thousands of members who volunteer cule and disrespect that seem to domi- their time to come to the aid of mili- nate today’s political and cultural Winsett. These men perform selfless acts in memory of servicemembers who tary families at funerals to show their landscape. For defending that right, respect and, when needed, to shield the Patriot Guard Riders are true pa- will never be able to repay them. It is an act of compassion and is a part of families from disruption. Members in- triots, and I believe it is both fitting clude veterans and nonveterans, riders and proper that we honor their service what makes our great Nation strong. Mr. Speaker, make no mistake about and nonriders, and they have success- here today. it, I support the first amendment’s fully performed hundreds of missions Yet the mission of the Patriot Guard guarantee of free speech, but this sa- across the country not only supporting Riders can best be summed up in their cred moment in the life of a family is the fallen and their families, but also own words. In answer to the question, out of bounds. I urge the members of providing comfort to those who serve Why do we ride? They respond: Never the Westboro Baptist Church to find today, knowing that their families again will they return home in shame. another venue to express themselves. would be protected should they fall. Never again will wearing their uniform We express our deepest gratitude The significance of these volunteer cause them pain. Never again will we from the House Armed Services Com- actions is realized when you read let- forget why they serve. mittee and from this body; we express ters of appreciation written by family Mr. Speaker, I commend the gen- our deepest gratitude to the Patriot members and friends of the deceased. I tleman from Kansas for introducing Guard Riders. And I want to thank would like to mention a letter that the this resolution and urge all my col- Patriot Guard received from the family again Mr. MORAN for bringing forth leagues to support it. this resolution, because it is most ap- of Corporal Peter Wagler. I attended Mr. Speaker, I reserve the balance of propriate at this time. that funeral in Hutchinson, Kansas, at my time. I urge its adoption. the Nazarene Church on February 10, Mr. BUTTERFIELD. Mr. Speaker, I Mr. Speaker, I reserve the balance of 2006. Corporal Wagler was killed in Iraq yield myself such time as I may con- my time. at the age of 19, having served only a sume. month in Iraq, and his family wrote Mr. Speaker, today I will be man- b 1200 the Patriot Guard Riders: aging the time on behalf of the Demo- Mrs. DRAKE. Mr. Speaker, I yield 4 Thank you so much for your amazing sup- cratic members of the House Armed minutes to the gentleman from Kansas port at the funeral of our son Peter Wagler.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.019 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4230 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Despite the cold north wind, you rode many and fund their own expenses to stand have gone literally out of their way to miles to participate. with the grieving families. see that our heroes in this country are I have never seen such a display of flags as Among the hallmarks of the Amer- given the respect that they are due. we encountered when leaving the church. ican character is our compassion and Our fallen soldiers are to be the most Many people have told me how meaningful the flags were to them; many shed tears as human decency. It is how we care for honored of all Americans, since they they drove through the tunnel. As for your each other in difficult times. In towns have given their very lives to protect protecting us from the demonstrators, when across this country, this is evident in all of our freedoms. we arrived we looked for them, but we could the thousands of Americans who line It really is a great shame that any not see them, and we never did. the roads in condolence at the passage American would seek to disrupt the fu- Peter loved motorcycles and planned to get of a loved one to attend the military neral of one who died to protect the one when he finished his term in Iraq. He funeral. The independent action, I liberty of all. While the actions of a will not get to do that, but he would have think, is another of America’s sacred few have been disheartening to us, loved the tremendous display you put on. there are so many who are willing to Our family feels inadequate in expressing traits. our thanks, but please know that we deeply The Patriot Guard Riders, seeing an stand up to show their love and support appreciate what you did for us. injustice, chose to rise up and not per- for the families of the fallen. The Pa- God bless you, mit the desecration of the sacred. triot Guard Riders, they show their David for the Wagler family. Their courage, their conviction, and love of our country, and they do that Mr. Speaker, I urge that we adopt their simple decency on behalf of fami- by drowning out the protests of a few this resolution and that we, as a House, lies grieving at the loss of a loved one with the rumblings of their motor- commend the Patriot Guard Riders. represent the very best of our Nation. cycles of the many. Mr. BUTTERFIELD. Mr. Speaker, I In return, we as a Nation offer them So, today we come to the floor to have no additional speakers at this our gratitude for unselfishly serving to honor our fallen soldiers, and we do time, but I reserve the balance of my protect the sanctity of military funer- that always here on both sides of the time. als and for easing the burden of mourn- aisle by providing for their families, by Mrs. DRAKE. Mr. Speaker, I yield 4 ing families and their communities, mourning for their loss, by remem- minutes to the gentleman from Indiana thereby setting a worthy example for bering their high goals for which they (Mr. BUYER). everyone. all stood. So it is fitting and proper Mr. BUYER. Mr. Speaker, I rise I urge adoption of this resolution. that we come here today to hold up the today in support of H. Res. 731. I want Mrs. DRAKE. Mr. Speaker, I yield 2 Patriot Guard Riders as examples of to thank my colleague Mr. MORAN and minutes to the gentleman from Kansas devotion to the country and encourage Mr. RYUN of Kansas for their leader- (Mr. RYUN). them to continue their ride across this ship. I offer my deepest appreciation to Mr. RYUN of Kansas. Mr. Speaker, I Nation to protect the loved ones of our the men and women of the Patriot rise today in support of the Patriot fallen servicemen. Guard Riders, dedicated and committed Guard resolution put forth by one of Mrs. DRAKE. Mr. Speaker, I yield 2 Americans who will not wait for others my fellow colleagues from Kansas. I minutes to the gentleman from Ne- to act, but they took upon themselves rise in support of H. Res. 731. braska (Mr. OSBORNE). Mr. OSBORNE. Mr. Speaker, today the solemn responsibility of right ac- This group of American Legion riders we have two funerals occurring in Ne- tion. from Kansas provides an honorable braska in my district. The two soldiers On Memorial Day, before President service by protecting military families being buried are 22-year-old Specialist Bush attended the Memorial Day cere- from protesters at funerals. In fact, Benjamin Slaven, Plymouth, Nebraska, mony at Arlington National Cemetery, just a couple of weeks ago, 200 Patriot a reservist who was killed south of he signed into law the Respect for Guard Riders were at a funeral in my Baghdad on June 9; a 19-year-old Cor- America’s Fallen Heroes Act. This new district, and they effectively protected poral Brent Zoucha from Clarks, Ne- law prohibits disruptions of military the family from unwelcome protesters. braska, who was killed in al Anbar funerals at national cemeteries and Ar- I heard that even one of the riders province on the same day, June 9. Both lington, which is owned by the U.S. came from as far away as Memphis just are being buried June 20, today, and Army. to be there and do what he could to their funerals are occurring as we Standing behind the President as he help the family. speak. This makes more than a dozen signed the bill in the Oval Office was It is a remarkable show of gratitude soldiers, all young, all from rural small the executive director of the Patriot and service that the Patriot Guard Rid- communities, that have been killed in Guard Riders, Jeff Brown, and five of ers have taken to honor the courageous my district. his Patriot Guard Riders. They stood and sacrificial actions of helping our Funerals, Mr. Speaker, should honor beside the families of two soldiers who service families and their servicemem- and dignify the sacrifices of those sol- had made the ultimate sacrifice in bers and their families pay tribute to diers and their families. It should not Iraq, that of Sergeant Rickey Jones of those that have fallen. be disrupted and dishonored by pro- Kokomo, Indiana; and the family of I am disappointed that these people testers with a political agenda, and un- Sergeant Joshua Youmans of Flushing, who are protesting at military funerals fortunately, some of those protests Michigan. Both families had endured dare, but I am grateful to the Patriot that have been mentioned previously harassment by protesters who were Guard Riders, and the fact that they have occurred in Nebraska. You can cheering the deaths of their sons. even need to be there is unfortunate. imagine how devastating those are to Patriot Guard Riders, acting out of Regardless of anyone’s particular polit- those families who are suffering great- decency, compassion and respect for ical view on the global war on ter- ly. the law, often place themselves be- rorism or any other issue, we should I spoke recently to the mothers of tween the families and the hateful per- give the utmost respect and honor to both of these soldiers from Nebraska versions of those who would sharpen those who have died serving our coun- being buried today. You can sense their the pain of a mourning family’s un- try. pain and their anguish. And so I com- speakable loss. The Patriot Guard Riders recognize mend Mr. MORAN for offering H. Res. The mission of the Patriot Guard rid- that, and I commend them for what 731 and also want to thank and com- ers is simple: Show sincere respect for they are doing, and I encourage them mend the Patriot Guard Riders for our fallen heroes and their families, and urge my colleagues to support H. what they have accomplished. their communities; and shield the Res. 731. Mr. BUTTERFIELD. Mr. Speaker, I mourning family and friends from Mrs. DRAKE. Mr. Speaker, I yield 2 yield 3 minutes to the gentlewoman interruptions created by any protester minutes to the gentleman from New from Texas (Ms. JACKSON-LEE). or group of protesters. Patriot Guard Jersey (Mr. GARRETT). Ms. JACKSON-LEE of Texas. Mr. Riders attend the funerals at the invi- Mr. GARRETT of New Jersey. Mr. Speaker, I thank the distinguished gen- tation of the family, and they adhere Speaker, I am pleased to be able to tleman. to strictly legal and nonviolent means. come to the floor today and that we Having just come back from Iraq, and These patriots use their vacation time can honor a group of Americans who recognizing the valiant effort of our

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.020 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4231 soldiers on the front line, both in Af- Riders congregated at the funeral procession servicemembers who have made the ultimate ghanistan and Iraq, and I thank the of Specialist Oliver Oropenza at Fort Bliss Na- sacrifice for freedom at home and abroad. I distinguished gentleman from North tional Cemetery in El Paso, TX. They were urge all of my colleagues to support this reso- Carolina for his leadership in yielding, welcomed by grieving friends and family who lution to recognize the outstanding and self- and I thank the proponent of this legis- were able to honor SPC Oropenza free from less contributions of the Patriot Guard Rid- lation. disruptions. ers—protectors of our fallen American heroes I have the greatest respect for our You may recall that I was the primary and their families. families, and I offer to say that the de- Democratic sponsor of H.R. 5037, the Respect b 1215 cisions of the family to be able to be for America’s Fallen Heroes Act, under which protected is utmost, and so there will demonstrations are restricted within 150 feet Mr. BUTTERFIELD. Mr. Speaker, I be no disagreement on legislation of of methods of ingress and egress from such yield back the balance of my time. this kind. I rise to support it, as well as cemetery property or within 300 feet of such Mrs. DRAKE. Mr. Speaker, I urge I raise with my colleagues the need for cemetery in a manner that impedes the ac- passage of the resolution, and I yield families to also be able to mourn with cess to or egress from the cemetery. This bill back the balance of my time. a fallen soldier ceremony or be able to guarantees the families and friends of fallen The SPEAKER pro tempore. The have their loved ones come first to this heroes the right to grieve in peace, while also question is on the motion offered by soil at Dover Air Force Base. We hope protecting the freedom of speech. I am very the gentlewoman from Virginia (Mrs. to be able to allow that mourning in proud that, with strong bi-partisan support this DRAKE) that the House suspend the the manner that families desire and a bill was passed by both chambers of Con- rules and agree to the resolution, H. public honoring as they may desire. gress and signed into law by the President on Res. 731, as amended. Their fallen heroes deserve to be hon- Memorial Day 2006. The question was taken. ored properly in their hometown and at Mr. Speaker, I commend the Patriot Guard The SPEAKER pro tempore. In the Dover Air Force Base. Riders, who have been physically present at opinion of the Chair, two-thirds of But as we pay tribute to those who the funerals of our fallen heroes since August those present have voted in the affirm- have fallen, we want to nurture and 2005, to protect and guard the families and ative. support our families, provide them friends of the fallen from protest. I stand in Mrs. DRAKE. Mr. Speaker, on that I with the privacy that they desire and strong support of their honorable mission, and demand the yeas and nays. the respect. I ask for all of my colleagues to join me in The yeas and nays were ordered. At this moment, Mr. Speaker, I ask supporting H. Res. 731. The SPEAKER pro tempore. Pursu- for, in the course of my debate on the Mr. TERRY. Mr. Speaker, I rise in strong ant to clause 8 of rule XX and the floor today in support of H. Res. 731, a support of H. Res. 731 to commend the Pa- Chair’s prior announcement, further moment of silence and recognition of triot Guard Riders for their valiant efforts to proceedings on this question will be the three soldiers who lost their lives shield mourning military families from pro- postponed. this past weekend, in particular at the testers at the funeral services of their loved f checkpoint in Baghdad: David J. ones. Babineau of Springfield, MA; Thomas I recently had the honor and privilege to at- EMERGENCY AND DISASTER AS- Tucker of Oregon; and our own tend the funeral of Army Sergeant Lonnie Cal- SISTANCE FRAUD PENALTY EN- Kristian Menchaca, age 23, of Houston, vin Allen, Jr., who was killed along with three HANCEMENT ACT OF 2005 TX, who grew up in a near northside other servicemembers when a roadside bomb Mr. SENSENBRENNER. Mr. Speak- neighborhood whose family now struck his Humvee in Baghdad. Over 500 peo- er, I move to suspend the rules and mourns his loss and the loss of others, ple attended the standing-room-only service to pass the bill (H.R. 4356) to amend title recognizing that these brave young honor the life of this brave young man. 18, United States Code, with respect to men, 25, 23, 25, are all heroes, and I ask The Nebraska Chapter of the Patriot Guard fraud in connection with major dis- for a moment of silence as we ask that Riders—decked out in leather and holding aster or emergency funds. they may rest in peace. American flags—lined the walkway into the The Clerk read as follows: Mr. REYES. Mr. Speaker, I would like to church for the protection and peace of mind of H.R. 4356 friends and family members. I felt proud to be thank Congressman JERRY MORAN for his Be it enacted by the Senate and House of Rep- leadership in introducing H. Res. 731, com- an American as I witnessed this unforgettable resentatives of the United States of America in mending the Patriot Guard Riders for shielding display of honor and respect for one of our Congress assembled, mourning military families from protestors and fallen heroes. The personal dedication and SECTION 1. SHORT TITLE. preserving the memory of fallen service mem- commitment of the Patriot Guard Riders is an This Act may be cited as the ‘‘Emergency bers at funerals. inspiring example of true American patriotism. and Disaster Assistance Fraud Penalty En- I am proud to join in the bi-partisan support The Patriot Guard Riders also shielded the hancement Act of 2005’’. shown by the House of Representatives for surviving family members of Army Captain SEC. 2. FRAUD IN CONNECTION WITH MAJOR DIS- this important legislation. Joel Cahill, who was on his second tour of ASTER OR EMERGENCY BENEFITS. As you know, the main mission of the Pa- duty in Iraq when he was killed late last year (a) IN GENERAL.—Chapter 47 of title 18, triot Guard Riders is to help maintain dignity by an Improvised Explosive Device, IED, that United States Code, is amended by adding at and respect at the funerals of service mem- struck his vehicle. As protesters held signs the end the following: bers who have made the ultimate sacrifice for such as ‘‘God sent the IED,’’ and ‘‘thank God ‘‘§ 1039. Fraud in connection with major dis- our country. They are invited as guests to for dead soldiers,’’ Patriot Guard Riders out- aster or emergency benefits block protestors through strictly legal and non- numbered them by at least five to one on the ‘‘(a) Whoever, in a circumstance described violent means. Like dedicated sentinels, the other side of the street, shielding Capt. Cahill’s in subsection (b) of this section, knowingly— ‘‘(1) falsifies, conceals, or covers up by any Patriot Guard Riders line the streets shielding wife and two young daughters. Captain trick, scheme, or device any material fact; the grieving family and community from any Cahill’s 59-year-old father also took action in or disruptive protesters. his own style: he handed the protesters sheets ‘‘(2) makes any materially false, fictitious, I want to thank personally the Patriot Guard of paper containing biblical verses such as or fraudulent statement or representation, Riders for their nationwide commitment to this ‘‘Dear friends, since God so loved us, we also or makes or uses any false writing or docu- cause. The Patriot Guard Riders have paid ought to love one another.’’ ment knowing the same to contain any ma- homage to fallen heroes in my congressional Sgt. L.C. Allen and Capt. Joel Cahill were terially false, fictitious, or fraudulent state- district of El Paso, TX, making a positive im- buried with full military honors in Arlington Na- ment or representation, pact on my community. tional Cemetery. Their valor and courage will in any matter involving any benefit author- On April 12, 2006, the Patriot Guard Riders stand the test of time, while the protesters dis- ized, transported, transmitted, transferred, traveled to Clint, TX, for the funeral of Ser- honoring their noble sacrifices will fade into disbursed, or paid in connection with a major disaster declaration under section 401 of the geant Israel Devora Garcia, who was also the annals of history. Disaster Relief Act of 1974, or an emergency made a U.S. citizen at his funeral. Sergeant I commend Nebraska State Captain Mike declaration under section 501 of the Disaster Garcia’s friends and family were left to mourn Smith and all the members of the Patriot Relief Act of 1974, or in connection with any his passing in peace, free from protest. More Guard Riders, both in my State and nation- procurement of property or services related recently, on June 16, 2006, the Patriot Guard wide. I join them in thanking the families of our to any emergency or disaster declaration as

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.023 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4232 CONGRESSIONAL RECORD — HOUSE June 20, 2006 a prime contractor with the United States or (3) account for any aggravating or miti- In another instance, 750 debit cards, as a subcontractor or supplier on a contract gating circumstances that might justify ex- containing more than $1.5 million in in which there is a prime contract with the ceptions, including circumstances for which disaster assistance funds, were pro- United States, shall be fined under this title, the sentencing guidelines currently provide vided to individuals who were not ac- imprisoned for not more than 30 years, or sentencing enhancements; both. (4) make any necessary conforming tual victims of the storms. GAO deter- ‘‘(b) The circumstance to which subsection changes to the sentencing guidelines; and mined that some of these funds were (a) of this section refers is that— (5) assure that the guidelines adequately used to procure things like diamond ‘‘(1) the authorization, transportation, meet the purposes of sentencing as set forth jewelry, Caribbean vacations, profes- transmission, transfer, disbursement, or pay- in section 3553(a)(2) of title 18, United States sional football tickets, and divorce ment of the benefit is in or affects interstate Code. lawyer services. In another case, FEMA or foreign commerce; (c) EMERGENCY AUTHORITY AND DEADLINE paid $139,000 in fraudulent claims so ‘‘(2) the benefit is transported in the mail FOR COMMISSION ACTION.—The Commission at any point in the authorization, transpor- that an individual who used 13 different shall promulgate the guidelines or amend- Social Security numbers could obtain tation, transmission, transfer, disbursement, ments provided for under this section as soon or payment of that benefit; or as practicable, and in any event not later benefits. ‘‘(3) the benefit is a record, voucher, pay- than the 30 days after the date of the enact- To its credit, the Department of Jus- ment, money, or thing of value of the United ment of this Act, in accordance with the pro- tice has responded quickly to the prob- States, or of any department or agency cedures set forth in section 21(a) of the Sen- lem. In September 2005, the Attorney thereof. tencing Reform Act of 1987, as though the au- General established a Hurricane ‘‘(c) In this section, the term ‘benefit’ thority under that Act had not expired. Katrina Fraud Task Force, which in- means any record, voucher, payment, money cludes DOJ, Homeland Security, Treas- or thing of value, good, service, right, or The SPEAKER pro tempore. Pursu- privilege provided by the United States, ant to the rule, the gentleman from ury, the FBI, Federal Trade Commis- State or local government, or other entity.’’. Wisconsin (Mr. SENSENBRENNER) and sion, and other Federal partners, as (b) CLERICAL AMENDMENT.—The table of the gentleman from Virginia (Mr. well as representatives of State and sections for chapter 47 of title 18, United SCOTT) each will control 20 minutes. local law enforcement. Since its forma- States Code, is amended by inserting at the The Chair recognizes the gentleman tion, 24 United States attorneys have end the following new item: from Wisconsin. charged 261 people in 218 cases with ‘‘1039. Fraud in connection with major dis- GENERAL LEAVE various criminal activities, and have aster or emergency benefits.’’. Mr. SENSENBRENNER. Mr. Speak- obtained so far 44 guilty pleas or con- SEC. 3. INCREASED CRIMINAL PENALTIES FOR victions. ENGAGING IN WIRE, RADIO, AND er, I ask unanimous consent that all TELEVISION FRAUD DURING AND Members may have 5 legislative days Despite these efforts, it is clear the RELATION TO A PRESIDENTIALLY within which to revise and extend their current criminal penalties are insuffi- DECLARED MAJOR DISASTER OR remarks and include extraneous mate- cient to deter disaster fraud. In March EMERGENCY. 2006 alone, DOJ announced 17 new in- Section 1343 of title 18, United States Code, rial on H.R. 4356 currently under con- is amended by inserting: ‘‘occurs in relation sideration. dictments and four guilty pleas for to, or involving any benefit authorized, The SPEAKER pro tempore. Is there Katrina- and Rita-related disaster transported, transmitted, transferred, dis- objection to the request of the gen- fraud. In May of this year, the United bursed, or paid in connection with, a presi- tleman from Wisconsin? States Attorney for the Middle District dentially declared major disaster or emer- There was no objection. of Florida charged 26 people with simi- gency, or’’ after ‘‘If the violation’’. Mr. SENSENBRENNER. Mr. Speak- lar acts of fraud. SEC. 4. INCREASED CRIMINAL PENALTIES FOR er, I yield myself such time as I may To enhance Federal law enforce- ENGAGING IN MAIL FRAUD DURING ment’s ability to combat and deter dis- AND RELATION TO A PRESI- consume. DENTIALLY DECLARED MAJOR DIS- Mr. Speaker, I rise in support of H.R. aster fraud, this bill contains the fol- ASTER OR EMERGENCY. 4356, the Emergency and Disaster As- lowing substantive provisions: first, Section 1341 of title 18, United States Code, sistance Fraud Penalty Enhancement the bill creates a new Federal crime to is amended by inserting: ‘‘occurs in relation prohibit fraud in connection with any to, or involving any benefit authorized, Act of 2005. Since Hurricanes Katrina and Rita last year, Congress has pro- emergency or disaster relief, including transported, transmitted, transferred, dis- Federal assistance or private chari- bursed, or paid in connection with, a presi- vided more than $68 billion in relief to table contributions, as long as the ben- dentially declared major disaster or emer- the region, including funding for efit was authorized or paid in inter- gency, or’’ after ‘‘If the violation’’. human services like unemployment, state commerce, transported through SEC. 5. DIRECTIVE TO SENTENCING COMMIS- housing assistance, and crisis coun- SION. the mail, or is anything of value to the seling. In addition, charities like the (a) IN GENERAL.—Pursuant to its authority United States. The penalty for engag- Red Cross and the Salvation Army under section 994(p) of title 28, United States ing in such fraud is a fine or imprison- have contributed more than $5 billion Code, and in accordance with this section, ment of up to 30 years. the United States Sentencing Commission to relief efforts. Second, the bill amends the Federal forthwith shall— With such vast resources put into the mail and wire fraud statute to add (1) promulgate sentencing guidelines or pipeline so quickly, fraudsters and amend existing sentencing guidelines to pro- emergency or disaster benefits fraud to scam artists went into high gear in an the 30-year maximum penalties in vide for increased penalties for persons con- effort to take advantage of these gov- victed of fraud or theft offenses in connec- those statutes. Currently, the 30-year tion with a major disaster declaration under ernment programs as well as the gen- maximum is reserved only for cases in- section 5170 of title 42, United States Code, erosity of the American people contrib- volving fraud against financial institu- or an emergency declaration under section uting to nongovernment organizations. tions. 5191 of title 42, United States Code; and Earlier this month, the United States Finally, the bill directs the United (2) submit to the Committees on the Judi- Government Accountability Office tes- States Sentencing Commission to re- ciary of the United States Congress an expla- tified that the Federal Emergency view existing penalties for disaster as- nation of actions taken by the Commission Management Agency paid an estimated sistance fraud, amend the sentencing pursuant to paragraph (1) and any additional $600 million to $1.4 billion in improper policy recommendations the Commission guidelines as necessary, and report may have for combating offenses described and potentially fraudulent disaster as- back to Judiciary Committees of Con- in that paragraph. sistance claims in the aftermath of gress. (b) REQUIREMENTS.—In carrying out this Hurricanes Katrina and Rita. Mr. Speaker, I urge my colleagues to section, the Sentencing Commission shall— GAO also reported examples of the support this important antifraud and (1) ensure that the sentencing guidelines types of disaster assistance crimes protaxpayer legislation. and policy statements reflect the serious na- typically perpetrated on the American I reserve the balance of my time. ture of the offenses described in subsection taxpayer. In one common scam, FEMA Mr. SCOTT of Virginia. Mr. Speaker, (a) and the need for aggressive and appro- provided millions of dollars of rental I yield myself such time as I may con- priate law enforcement action to prevent such offenses; assistance to cover a thousand individ- sume, and I rise in support of H.R. 4356, (2) assure reasonable consistency with uals who used the names and Social Se- the Emergency and Disaster Assistance other relevant directives and with other curity numbers of prison inmates to Fraud Penalty Enhancement Act of guidelines; obtain benefits. 2005.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.005 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4233 In the aftermath of Hurricane findings of a 6-month fraud investiga- Whereas the Charter was signed by Theo- Katrina, we were all appalled to learn tion by the GAO. What they found was dore Roosevelt, himself a member of the of the rampant schemes of fraudulent nothing short of shocking. SAR; benefiting of government funding in- The GAO testified before my sub- Whereas the SAR was conceived as a fra- ternal and civic society composed of lineal tended for victims of the disasters. committee that FEMA disaster assist- descendants of the men who wintered at Val- While these crimes are now being pros- ance after Hurricanes Katrina and Rita ley Forge, signed the Declaration of Inde- ecuted under existing fraud laws, I be- was applied for and received by crimi- pendence, fought in the battles of the Amer- lieve that the crime warrants specific nals who used deceased individuals’ ican Revolution, served in the Continental and enhanced emphasis to put on no- identities, and even a cemetery as an Congress, or otherwise supported the cause tice those who would take criminal ad- address to receive the emergency fund- of American Independence; vantage of the government’s need to ing. Federal investigators also testified Whereas 16 American Presidents have been focus on speed and comprehensive as- that prisoners in jail before the hurri- proud members of the SAR; Whereas the Charter of National Society of sistance in times of disasters and emer- canes were able to receive almost $11 the Sons of the American Revolution de- gencies. This bill would establish the million from their jail cells by fraudu- scribes the objects and purposes of the Soci- specific crime of fraud in connection lently applying for the FEMA disaster ety as ‘‘. . . patriotic, historical and edu- with major disaster or emergency bene- assistance funds. cational’’ and that it is charged with perpet- fits and increases the penalties cur- The total price tag for the fraud com- uating the memory of the men who, by their rently available for such acts. mitted after Hurricanes Katrina and services or sacrifices during the war of the Recognizing the particular egregious- Rita is not yet known; but GAO inves- American Revolution, achieved the inde- ness of fraud claims surrounding emer- tigators have testified that it will, at pendence of the American people; Whereas the Society is also dedicated to gencies like Hurricane Katrina, the bill the very least, be in the billions of dol- inspiring its members and the community at also directs the U.S. Sentencing Com- lars. This is an insult to the victims of large with a more profound reference for the mission to increase penalties under the these natural disasters and an insult to principles of the Government founded by our sentencing guidelines for those individ- the ultimate victim, the American tax- forefathers and to encourage historical re- uals who would fraudulently seek to payer. search about the American Revolution; benefit from funding intended for vic- Through this investigation, we have Whereas the SAR has a long record of ac- tims of natural disasters and Presi- referred over 7,000 fraud cases to the complishments in teaching about the Revo- dentially declared emergencies. Department of Justice Task Force for lutionary War and those who gained our free- While I generally do not support spe- dom during the War for Independence; prosecution, and this legislation will Whereas it is largely through efforts by the cific directives to the Sentencing Com- ensure that they receive the harshest SAR in the late 1800s and early 1900s that the mission to increase penalties for penalty for their actions. National Archives were established to gather crimes, I believe this particular cat- It saddens me to think about the gulf the records of the men who fought and pro- egory of crime is egregious enough to coast families that could have used vided services during the Revolutionary War; warrant more punishment than fraud this money to rebuild their homes and Whereas the SAR advances its mission in general, with appropriate consider- their lives. We need to make sure that through commemorations of battles and ations for mitigating and aggravating these disaster victims and the Amer- events that led to our freedom; circumstances. Whereas the SAR devotes a great deal of ican taxpayer are never robbed like its time, energy, and resources to working Mr. Speaker, I am in favor, as we all this again. This legislation is a great with children so that they might have a bet- are, of seeing increased benefits being first step in making that happen, and I ter understanding of the history of the made available for victims of disasters strongly urge my colleagues to vote for United States; such as Hurricane Katrina. Many have the Emergency and Disaster Assistance Whereas the SAR is currently working to lost everything and are now without a Fraud Penalty Enhancement Act. establish a Center for Advancing America’s permanent home or compensation for Mr. SCOTT of Virginia. Mr. Speaker, Heritage adjacent to its national head- their losses. Many are still not able to I yield back the balance of my time. quarters in Louisville, Kentucky; and return to the area. Many still need on- Whereas the SAR’s almost 27,000 members Mr. SENSENBRENNER. Mr. Speak- are organized in Chapters throughout the 50 going assistance. er, I yield back the balance of my time. States and the District of Columbia and in We can all agree that the limited dis- The SPEAKER pro tempore. The several countries overseas that helped the aster and emergency benefits that are question is on the motion offered by American Colonies gain their freedom: Now, made available to victims should only the gentleman from Wisconsin (Mr. therefore, be it go to legitimate victims, not to scam SENSENBRENNER) that the House sus- Resolved by the House of Representatives (the artists or cheats who recognize that pend the rules and pass the bill, H.R. Senate concurring), That the Congress— humanitarian concerns in the middle of 4356. (1) recognizes the 100th anniversary of the a disaster require a waiver of tradi- The question was taken; and (two- historic Congressional Charter of the Na- tional checks and balances in favor of thirds having voted in favor thereof) tional Society of the Sons of the American speed and getting the relief to the suf- Revolution; and the rules were suspended and the bill (2) honors and praises the National Society fering victims. Those who cheat and was passed. of the Sons of the American Revolution on scheme at these times deserve more A motion to reconsider was laid on the occasion of its anniversary for its work punishment. the table. to perpetuate and honor the memory of the Accordingly, I am supportive of this f brave men who fought to gain our freedom legislation, and I urge my colleagues to during the Revolutionary War and for the support the bill. HONORING AND PRAISING THE NA- Society’s unfailing devotion to our Nation’s Mr. Speaker, I reserve the balance of TIONAL SOCIETY OF THE SONS youth. my time. OF THE AMERICAN REVOLUTION The SPEAKER pro tempore. Pursu- Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- ant to the rule, the gentleman from er, I yield 3 minutes to the gentleman er, I move to suspend the rules and Wisconsin (Mr. SENSENBRENNER) and from Texas (Mr. MCCAUL). agree to the concurrent resolution (H. the gentleman from Virginia (Mr. Mr. MCCAUL of Texas. I thank the Con. Res. 367) honoring and praising SCOTT) each will control 20 minutes. gentleman for his leadership on this, the National Society of the Sons of the The Chair recognizes the gentleman and, Mr. Speaker, I rise today in sup- American Revolution on the 100th an- from Wisconsin. port of this important piece of legisla- niversary of being granted its Congres- GENERAL LEAVE tion that will work to deter fraud in sional Charter. the wake of disasters like Hurricanes The Clerk read as follows: Mr. SENSENBRENNER. Mr. Speak- Katrina and Rita. H. CON. RES. 367 er, I ask unanimous consent that all Disaster assistance fraud is some- Members may have 5 legislative days Whereas the National Society of the Sons thing I have been fighting for quite of the American Revolution (in this resolu- within which to revise and extend their some time now. I recently held a hear- tion referred to as the ‘‘SAR’’) was founded remarks and include extraneous mate- ing in the Homeland Security Inves- on April 30, 1889, and chartered by Congress rial on House Concurrent Resolution tigation Subcommittee to uncover the 100 years ago on June 9, 1906; 367 currently under consideration.

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.026 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4234 CONGRESSIONAL RECORD — HOUSE June 20, 2006 The SPEAKER pro tempore. Is there The National Society of the Sons of officer of a covered foreign principal unless objection to the request of the gen- the American Revolution was char- such officer agrees to provide to the Attor- tleman from Wisconsin? tered by Congress 100 years ago on ney General a detailed statement of any lob- There was no objection. June 9, 1906. The charter was signed by bying contact with a covered legislative branch official not later than 45 days after Mr. SENSENBRENNER. Mr. Speak- Theodore Roosevelt, who was a mem- the date of such contact. er, I yield myself such time as I may ber. The resolution, which is sponsored ‘‘(c) The Attorney General shall make in- consume. by the distinguished gentleman from formation relating to a lobbying contact de- Mr. Speaker, I rise in support of H. North Carolina (Mr. COBLE), recognizes scribed in subsections (a) and (b) available to Con. Res. 367, honoring and praising this anniversary and honors and the general public in an electronic format the National Society of the Sons of the praises the National Society of the not later than 90 days after the date of re- American Revolution on the 100th an- Sons of the American Revolution on ceipt of the statement concerning such con- niversary of being granted its Congres- the occasion of this anniversary for its tact. ‘‘(d) For purposes of this section— sional Charter. work to perpetuate and honor the ‘‘(1) the term ‘covered foreign principal’ As the Declaration of Independence memory of the brave men who fought means— states, governments are instituted to gain freedom during the American ‘‘(A) a State Sponsor of Terrorism; or among men to secure the inalienable Revolution and for the society’s unfail- ‘‘(B) the government of, or a political rights that the Creator has endowed ing devotion to our Nation’s youth. party of, a State Sponsor of Terrorism; upon us. Because the bonds of tyranny Mr. Speaker, I rise in support of the ‘‘(2) the term ‘covered legislative branch over the United Colonies were destruc- resolution and urge my colleagues to official’ has the meaning given that term in tive of this end, the United Colonies support it. section 3 of the Lobbying Disclosure Act of Mr. Speaker, I yield back the balance 1995 (2 U.S.C. 1602); sought separation from Great Britain ‘‘(3) the term ‘lobbying contact’ means any and fought to attain their freedom and of my time. oral or written communication (including an independence. Mr. SENSENBRENNER. Mr. Speak- electronic communication) with regard to— The National Society of the Sons of er, I yield back the balance of my time. ‘‘(A) the formulation, modification, or the American Revolution, or the SAR, The SPEAKER pro tempore. The adoption of Federal legislation (including was formed by descendants of patriots question is on the motion offered by legislative proposals); of the American Revolution who the gentleman from Wisconsin (Mr. ‘‘(B) the formulation, modification, or sought a fraternal and civic society to SENSENBRENNER) that the House sus- adoption of a Federal rule or regulation, an pend the rules and agree to the concur- Executive order, or any other program, pol- salute those who pledged their lives, icy, or position of the United States Govern- fortunes, and sacred honor in Amer- rent resolution, H. Con. Res. 367. The question was taken; and (two- ment; ica’s battle for independence from the ‘‘(C) the administration or execution of a British Crown. thirds having voted in favor thereof) Federal program or policy (including the ne- Today, we honor the SAR, which was the rules were suspended and the con- gotiation, award, or administration of a Fed- founded on April 30, 1899, and chartered current resolution was agreed to. eral contract, grant, loan, permit, or li- by Congress 100 years ago on June 9, A motion to reconsider was laid on cense); or 1906. The SAR is composed of lineal de- the table. ‘‘(D) the nomination or confirmation of a f person for a position subject to confirmation scendants of the men who wintered at by the Senate; and Valley Forge, signed the Declaration of REQUIRING REPRESENTATIVES OF ‘‘(4) the term ‘State Sponsor of Terrorism’ Independence, fought in the battles of GOVERNMENTS DESIGNATED AS means a country the government of which the American Revolution, served in the STATE SPONSORS OF TER- has been determined by the Secretary of Continental Congress, or otherwise RORISM TO DISCLOSE TO ATTOR- State, for purposes of section 6(j) of the Ex- supported the cause of American inde- NEY GENERAL LOBBYING CON- port Administration Act of 1979, section 620A pendence. TACTS WITH LEGISLATIVE of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other The SAR is a historic, patriotic, and BRANCH OFFICIALS educational organization. In keeping provision of law, is a government that has Mr. SENSENBRENNER. Mr. Speak- repeatedly provided support for acts of inter- with its historical mission, the SAR er, I move to suspend the rules and national terrorism.’’. commemorates and provides memorials pass the bill (H.R. 5228) to require rep- The SPEAKER pro tempore. Pursu- for the people and events of the Amer- resentatives of governments designated ant to the rule, the gentleman from ican Revolution, helps preserve records as State Sponsors of Terrorism to dis- Wisconsin (Mr. SENSENBRENNER) and relating to the events leading up to and close to the Attorney General lobbying the gentlewoman from Texas (Ms. during the revolution, and supports re- contacts with legislative branch offi- JACKSON-LEE) each will control 20 min- search and presentations related to the cials, and for other purposes. utes. history and people of the revolutionary The Clerk read as follows: The Chair recognizes the gentleman era. H.R. 5228 from Wisconsin. In fulfilling its patriotic mission, the Be it enacted by the Senate and House of Rep- SAR reaffirms the principles upon GENERAL LEAVE resentatives of the United States of America in Mr. SENSENBRENNER. Mr. Speak- which our Nation was founded, main- Congress assembled, er, I ask unanimous consent that all tains and extends the institutions of SECTION 1. LOBBYING CONTACTS FROM REP- American freedom, provides recogni- RESENTATIVES OF GOVERNMENTS Members may have 5 legislative days tion for public service, and honors, re- DESIGNATED AS STATE SPONSORS in which to revise and extend their re- spects, and supports veterans. OF TERRORISM. marks and include extraneous mate- The Foreign Agents Registration Act of rials on H.R. 5228 currently under con- b 1230 1938, as amended (22 U.S.C. 611 et seq.) is sideration. amended by inserting after section 4 the fol- Mr. Speaker, I urge my colleagues to lowing: The SPEAKER pro tempore. Is there support this resolution to honor the objection to the request of the gen- ‘‘LOBBYING CONTACTS FROM REPRESENTATIVES SAR for its important work to preserve OF GOVERNMENTS DESIGNATED AS STATE tleman from Wisconsin? the legacy of these fallen heroes. SPONSORS OF TERRORISM There was no objection. Mr. Speaker, I reserve the balance of ‘‘SEC. 4A. (a) Every person required to reg- Mr. SENSENBRENNER. Mr. Speak- my time. ister under the provisions of this Act who is er, I yield myself such time as I may Mr. SCOTT of Virginia. Mr. Speaker, an agent of a foreign principal, in a case in consume. I yield myself such time as I may con- which the foreign principal is a covered for- Mr. Speaker, I rise in support of H.R. sume. eign principal, and who makes a lobbying 5228, legislation to enhance lobbying Mr. Speaker, I rise in support of H. contact with a covered legislative branch of- disclosure requirements for lobbyists Con. Res. 367 honoring and praising the ficial shall, not later than 45 days after the who represent foreign nations des- date of such contact, provide to the Attorney National Society of the Sons of the General a detailed statement of such con- ignated as state sponsors of terrorism. American Revolution on the 100th an- tact. Lobbyists who represent foreign gov- niversary of being granted its Congres- ‘‘(b) The Secretary of State shall not rec- ernments must register under the For- sional Charter. ognize as accredited a diplomatic or consular eign Agents Registration Act, or

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.028 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4235 FARA, which also requires that they their contacts in a timely manner or Under the current law, agents of foreign file a semiannual report with the At- risk their diplomatic or consular ac- principals that are required to register under torney General detailing lobbying con- creditation by the Secretary of State. FARA already must disclose all lobbying con- tacts. Let me make it very clear, there are tacts with legislative and executive branch offi- H.R. 5228 would require additional some members of the list, some nation cials. Thus, the point and premise of this legis- disclosure of the lobbying activities of states on the list that if a bill was to lation are unclear and seemingly unnecessary. foreign agents who lobby on behalf of come forward on this floor, I would The best component of this bill is that it countries that the Secretary of State vote to remove them from the list. But would require, for the first time, that the Jus- has designated as state sponsors of ter- I think overall the underlying purpose tice Department post these lobbying contact rorism, namely Cuba, Iran, North of this is to ensure that those who are reports on the Internet. This is excellent. Cur- Korea, Sudan and Syria. perpetrating terrorists and are acti- rently, FARA only requires paper reports that In addition to the semiannual state- vating or providing or facilitating ter- are only available at the DOJ offices, and ments, this legislation would require rorist acts around the world, that any even though the DOJ has put much of this in- that agents who represent governments who represent them in the United formation into their own computerized system, deemed state sponsors of terrorism also States should have to report. they have refused to share their information to file a detailed statement with the At- Under the current law, agents of for- the public. This requirement would bring much torney General of every lobbying con- eign principals that are required to needed sunlight to a dark industry. tact with a covered legislative branch register under FARA already must dis- The lobbying industry is growing at a star- official within 45 days of the contact. close all lobbying contacts with legis- tling rate and current laws have proven inad- The Attorney General in turn must lative and executive branch officials. equate to keep up with this evolving industry. make that disclosure available to the Thus, the premise and point of this leg- The recent spate of stories detailing the cozy public in an electronic format within 90 islation seems somewhat unclear and relationships between lobbyists and certain days. may only track current law. Members of Congress are only the tip of the If an agent of a state sponsor of ter- The best component of this bill is iceberg—they are merely symptoms of deeper rorism failed to make these disclo- that it would require for the first time problems with lobbying regulation and over- sures, they would be subject to the pen- that the Justice Department post these sight. While this bill does not do much to take alties of FARA, including fines of up to lobbying contact reports on the Inter- down ‘‘the House that Jack built,’’ it is a good $10,000 and imprisonment of up to 5 net. This is excellent. Currently FARA step in the right direction. years. only requires paper reports that are Mr. Speaker, I reserve the balance of In addition, the legislation provides only available at the DOJ offices. And my time. that diplomatic and consular officers even though DOJ has put much of this Mr. SENSENBRENNER. Mr. Speak- of a state sponsor of terrorism, who are information into their own computer- er, I yield 4 minutes to the gentleman not otherwise required to report their ized system, they have refused to share from Florida (Mr. LINCOLN DIAZ- activities under FARA, cannot be rec- the information with the public. This BALART), the author of the bill. ognized by the Secretary of State as bill would bring much-needed sunlight Mr. LINCOLN DIAZ-BALART of accredited unless the diplomatic or to a dark industry. Florida. Mr. Speaker, I thank the gen- consular officer agrees to provide the I have been a constant critic of the tleman for his leadership in bringing Attorney General with a detailed state- lack of oversight of this body. This leg- this to the floor today. I appreciate my ment of every lobbying contact they islative initiative provides another friend Ms. JACKSON-LEE for her support have had with a covered legislative tool for Congress to raise its head of of the legislation. branch official within 45 days of the oversight. Things don’t work in this I think, as Chairman SENSENBRENNER contact. Mr. Speaker, at a time when Amer- country as long as we have a lack of pointed out, we are living in a different ican forces are engaged in the global the three branches of government func- time now. It is a different era. We are war on terror, it is both right and nec- tioning independently and individually in a different kind of struggle. essary that agents of state sponsors of as they should. This gives Congress and There are different regimes, and I terrorism be required to more fully dis- the public another tool of oversight. happen to believe that the genocide in close their lobbying contacts with U.S. The lobbying industry is growing at a Darfur is an affront to the entire civ- Government officials. startling rate, and current laws have ilized world. It is estimated over 300,000 I commend the gentleman from Flor- proven inadequate to keep up with this people have been murdered there. I ida (Mr. LINCOLN DIAZ-BALART) for in- evolving industry. The recent list of think we need to bring the power of troducing this bill and urge all of my stories detailing the cozy relationships sunshine to the strategies and the ac- colleagues to join me in supporting between lobbyists and certain Members tions of regimes such as that. The this measure. of Congress are only the tip of the ice- American people need to know, I think Mr. Speaker, I reserve the balance of berg. They are symptoms of deeper they deserve to know, when a regime my time. problems with lobbying regulations like that is paying for representation Ms. JACKSON-LEE of Texas. Mr. and oversight. here in Washington and what contacts Speaker, I rise to yield myself such While this bill does not do much to are being made here in Washington by time as I may consume. take down the house that Jack built, it representatives of a regime like that to Mr. Speaker, I rise today in support is a good step in the right direction. It attempt to influence officials here. of H.R. 5228 and note that while this is calls upon Congress to raise its head on So I think it is important legislation, not a bad bill, it does track current oversight. especially as we move forward on this law. Therefore, it does not really ad- I rise today in support of H.R. 5228, but area of transparency in the legislative dress the major problems that cur- note that while this is not a bad bill, it does process, improving transparency in the rently plague the lobbying industry. track current law and therefore does not really legislative process. I think this is an This bill would amend the Foreign address the major problems that currently appropriate thing to do. Agents Registration Act of 1938, FARA, plague the lobbying industry. As Chairman SENSENBRENNER to require the representatives of for- This bill would amend the Foreign Agents brought out, there are really two legs eign governments that have been des- Registration Act of 1938, FARA, to require to this stool. You have the so-called ignated by the Secretary of State as representatives of foreign governments that diplomats of these regimes, and in state sponsors of terrorism to disclose have been designated by the Secretary of order to be accredited here, to receive to the Attorney General any lobbying State as State Sponsors of Terrorism to dis- their accreditation, they would have to contact they have made with a legisla- close to the Attorney General any lobbying agree to fulfill this requirement. So ob- tive branch official, a vital need for contacts that they have made with a legislative viously if they don’t fulfill it, that those governments really sponsoring branch official. Moreover, this bill will require could be a reason for seeing those so- terrorism, many of whom are on the such agents of foreign principals to disclose called diplomats off, ending their ac- list held by the Attorney General. their contacts in a timely manner or risk their creditation. Moreover, this bill will require such diplomatic or consular accreditation by the But equally as important is that re- agents of foreign principals to disclose Secretary of State. gimes such as that pay people in the

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.031 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4236 CONGRESSIONAL RECORD — HOUSE June 20, 2006 United States, and we want to know Moreover, it would most directly im- bers of Congress for being accused of who those lobbyists are and what con- pact the Cuban Interest Section, which being disloyal to the United States? tacts they have with the legislative has frequent meetings with Members of How absurd can that be? Yet this is ex- branch. So we are adding to existing Congress. Furthermore, there are more actly what this legislation sets the legislation this requirement, as Chair- Cuba-related bills and amendments per stage for. man SENSENBRENNER stated, to the year than there are for Sudan and Over the last month, we have had a Foreign Agents Registration Act, and Syria. This bill is, therefore, a step debate over whether the administra- despite an erroneous report in one of backwards for diplomatic relations be- tion has the right to go into any con- the publications that cover the Hill tween the U.S. and Cuba, whose rela- gressional office and grab the papers of today, there are significant penalties, tions are already strained. a Member of Congress. That debate fo- Mr. Speaker. Moreover, this bill increases execu- cuses on the speech and debate clause As Chairman SENSENBRENNER pointed tive branch scrutiny over the sched- of the Constitution. This debate also out, if you are a lobbyist and don’t ful- uling books of Members of Congress, should, and the fact that this has been fill these requirements, you can be sub- but only for Members and staff who put on the suspension calendar doesn’t jected to a fine of up to $10,000 or im- meet with the Cuban Interest Section, give it the right to waive critical in- prisonment or both. So it is a serious the Embassy of Sudan and the Em- spection and demand that it meet the bill. bassy of Syria. constitutional test. This does not meet I thank Ms. JACKSON-LEE for her sup- the constitutional test. This is uncon- port and urge all colleagues to support b 1245 stitutional. It is an abrogation of our this legislation, especially at this time I want to state this again. This bill obligations as Members of Congress to when we are in a different era, a very increases executive branch scrutiny assert a check and balance to the ad- dangerous and challenging one. over the scheduling books of Members ministration exercise of power. Again, I thank Chairman SENSEN- of Congress. We ought to remember where we BRENNER for his help and his support. Now, in the last month, there has came from. Our power comes from the Ms. JACKSON-LEE of Texas. Mr. been a significant debate in this coun- people. Congress was created specifi- Speaker, I yield 7 minutes to the dis- try and in this Congress over questions cally to be spokespersons for the people tinguished gentleman from Ohio (Mr. of separation of power, over the very of the United States. We should not KUCINICH). speech and debate clause of the United and cannot give that away. Mr. KUCINICH. Mr. Speaker, out of States Constitution which gives me the Vote against H.R. 5228. Reassert con- deference to our ranking member, I ability to stand on this floor and basi- gressional authority to be a coequal didn’t claim time in opposition, but I cally state anything that I think is in branch of government to assert checks am opposed to this bill, and I want to the interest of my constituents or the and balances over the administration. I state why. American people. And I can say it with do not, and I insist on not having to H.R. 5228 does change the law signifi- impunity. This is a privilege that is have my schedule open to the Attorney cantly with respect to United States given Members of Congress, that sets General or to anyone else when I am policy towards countries designated as our role apart from the rest of the peo- pursuing the interests of this country. state sponsors of terrorism; but more- ple in this country. No one outside this Mr. SENSENBRENNER. Mr. Speak- over, with respect to executive branch Chamber can make statements that er, I yield 2 minutes to the gentleman scrutiny over the schedules chosen by would be free from being subject to at- from Florida (Mr. LINCOLN DIAZ- Members of Congress. More about that tack by libel laws. Here we can say BALART). in a moment. Mr. LINCOLN DIAZ-BALART of anything we want. We have a special Under current law, the Foreign Florida. Mr. Speaker, I think it is im- role. This bill takes away the ability Agents Registration Act, FARA, re- portant for Members to realize and that Congress has to be able to meet quires that agents from foreign coun- focus on precisely what we are talking independently without having to report tries have to report on their activities about here. to the Attorney General, but there is to the executive branch or being re- First of all, there is no requirement an exemption for all diplomatic offi- ported on to the executive branch with on Members of the House, Members of cials recognized by the State Depart- respect to discussions with representa- Congress, to report. The requirement is ment. tives of other countries. on the lobbyist firm who has been hired This bill would change that. It would I want Members of Congress to hear by one of a handful, five of, I would remove the exemption for diplomats me loud and clear. The doctrine of sep- like to repeat it, state sponsors of ter- from governments designated as state aration of powers is at stake here. Our rorism. sponsors of terrorism: Cuba, Iran, constitutional ability under speech and What this bill says is if you are hired Syria, Sudan and North Korea. These debate, which has been under attack by by one of those state sponsors of ter- countries already have limited diplo- the Executive, is at risk when the At- rorism, you should report, especially in matic channels in the United States. torney General now will be collecting this era, your contacts. So it is an im- While Syria and Sudan have embassies, information from other countries based portant piece of legislation, Mr. Speak- Iran and North Korea do not have em- on contacts made with them by Mem- er. It is one that will contribute to the bassies in the United States, and Ira- bers of Congress. national security. nian and North Korean diplomats don’t I want Members of Congress to think I think the American people have a have meetings in the halls of Congress. about this. We are a coequal branch of right to know the contacts by those Thanks to President Carter, we do government, and we are a separate paid lobbyists from state sponsors of have a Cuban Interest Section in the branch of government. Members of terrorism. And so, with that in mind, United States and a U.S. Interest Sec- Congress, this is a power grab by the and cognizant of the era that we are tion in Havana. Meetings between Executive over the legislative branch, living in, I have brought forth this leg- Members of Congress and Cuban, Suda- and specifically targets Members of islation. nese and Syrian diplomats are impor- Congress who believe in engagement Ms. JACKSON-LEE of Texas. Mr. tant, as they are with all diplomats. over isolation and believe that diplo- Speaker, I yield 2 minutes again to the They offer channels for expressing macy is an important tool to achieve distinguished gentleman from Ohio ideas, improving relations, and express- peaceful resolution to conflicts. (Mr. KUCINICH). ing concerns. Ironically, this power grab by the Ex- Mr. KUCINICH. Mr. Speaker, I will Currently, Cuban, Sudanese and Syr- ecutive has been initiated by the legis- repeat the title of this bill: ‘‘To require ian diplomats don’t report on their lative branch. Why are we so ready to representatives of government des- meetings with Members of Congress give up our constitutional prerogative? ignated as state sponsors of terrorism and staff, just as all other diplomats do Why are we asking for countries to disclose to the Attorney General not. But this bill would require these whose representatives we meet with to lobbying contacts with legislative diplomats to now report all of their report on us to the Attorney General? branch officials.’’ meetings with Congress to the Justice What could possibly be the motiva- This bill would require diplomats, Department. tion for that, to set the stage for Mem- Cuban, Sudanese, Syrian and perhaps

VerDate Aug 31 2005 00:25 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4237 others, to now report their meetings The SPEAKER pro tempore. In the Members may have 5 legislative days with Congress to the Justice Depart- opinion of the Chair, two-thirds of within which to revise and extend their ment. Now, this is a two-way street. those present have voted in the affirm- remarks and include extraneous mate- Once they do that, then the Attorney ative. rials on H.R. 1285 currently under con- General has the ability to go back to Mr. KUCINICH. Mr. Speaker, on that sideration. Members of Congress and begin to in- I demand the yeas and nays. The SPEAKER pro tempore. Is there quire what was that meeting about. The yeas and nays were ordered. objection to the request of the gen- They don’t have any business doing The SPEAKER pro tempore. Pursu- tleman from Wisconsin? that. We are a coequal branch of gov- ant to clause 8 of Rule XX and the There was no objection. ernment. We are a separate branch of Chair’s prior announcement, further Mr. SENSENBRENNER. Mr. Speak- government. proceedings on this question will be er, I yield myself such time as I may Since the Justice Department now postponed. consume. feels that they can go into our offices f Mr. Speaker, I rise in support of H.R. 1285, to extend for 3 years the Nursing and grab our papers, what is the dif- NURSING RELIEF FOR DISADVAN- ference between doing that and having Relief For Disadvantaged Areas Act of TAGED AREAS REAUTHORIZA- 1999 which provides nonimmigrant another government say they met with TION ACT OF 2005 Members of Congress and then the Jus- visas for nurses in health professionals Mr. SENSENBRENNER. Mr. Speak- shortage areas. tice Department coming back and say- er, I move to suspend the rules and A number of hospitals are experi- ing what was that meeting about. pass the bill (H.R. 1285) to amend the encing great difficulty in attracting We don’t have to answer to the Jus- Nursing Relief for Disadvantaged Areas American nurses, particularly hos- tice Department. I wasn’t elected by Act of 1999 to remove the limitation for pitals serving mostly poor patients in the Attorney General. I was elected by nonimmigrant classification for nurses inner-city neighborhoods and those the people of Ohio’s 10th Congressional in health professional shortage areas, serving rural areas. For example, St. District. as amended. Bernard Hospital in Chicago is the only This bill opens the door for the de- The Clerk read as follows: remaining hospital in an area of over struction of our constitutional right to H.R. 1285 100,000 people and has a patient base speech and debate of the separation of Be it enacted by the Senate and House of Rep- composed entirely of individuals in powers. Not everything that we do here resentatives of the United States of America in poverty. St. Bernard almost closed its in this Congress poses an undermining Congress assembled, doors in 1992, primarily because of its of our role as Members of Congress. SECTION 1. SHORT TITLE. inability to attract registered nurses. And I assert that this does. So I appre- This Act may be cited as the ‘‘Nursing Re- In 1999, Congress passed the Nursing ciate the gentlewoman’s indulgence, lief for Disadvantaged Areas Reauthorization Act of 2005’’. Relief for Disadvantaged Areas Act to and I appreciate the attention of Mem- help precisely these kinds of hospitals. bers of Congress who are also con- SEC. 2. 3-YEAR EXTENSION FOR CHANGES TO RE- QUIREMENTS FOR ADMISSION OF This legislation created a new H–1C cerned with this issue of speech and de- NONIMMIGRANT NURSES IN HEALTH temporary registered nurse visa pro- bate and of our separation of powers. PROFESSIONAL SHORTAGE AREAS. gram with 500 visas available a year. Ms. JACKSON-LEE of Texas. Mr. Section 2 of the Nursing Relief for Dis- To be eligible to petition for an alien Speaker, I yield myself such time as I advantaged Areas Act of 1999 (8 U.S.C. 1182 note) is amended— nurse, the employer must, one, be lo- may consume. cated in a health professional shortage Let me thank the distinguished gen- (1) in the section heading, by striking ‘‘4- YEAR’’ and inserting ‘‘SPECIFIED’’; and area as designated by the Department tleman from Ohio for his insight. And I (2) by amending subsection (e) to read as of Health and Human Services; two, am hoping that as we move this bill follows: have at least 190 acute care beds; three, along, this instruction that he has ‘‘(e) LIMITING APPLICATION OF NON- have a certain percentage of Medicare given us will be taken into account. IMMIGRANT CHANGES TO SPECIFIED PERIOD.— patients; and, four, have a certain per- Might I close by simply saying that The amendments made by this section shall apply to classification petitions filed for centage of Medicaid patients. one of the strong elements of this bill, The H–1C program adopted protec- which I think maybe Members of Con- nonimmigrant status only during the pe- riod— tions for American nurses contained in gress might not have been aware of, ‘‘(1) beginning on the date that interim or the expired H–1A nursing visa program. and I hope is made very plain, as these final regulations are first promulgated under For instance, for a hospital to be eligi- various individuals meet with members subsection (d); and ble for H–1C nurses, it has to agree to in the White House, meet with Vice ‘‘(2) ending on the date that is 3 years after take timely and significant steps to re- President CHENEY on issues that we the date of the enactment of the Nursing Re- cruit American nurses, then H–1C have concern with, they will have to lief for Disadvantaged Areas Reauthorization nurses have to be paid the prevailing report and it will be publicized, those Act of 2005.’’. wage. The program also contained new interactions. SEC. 3. EXEMPTION FROM ADMINISTRATIVE PRO- CEDURE ACT. protections such as the requirement There is a component of this that The requirements of chapter 5 of title 5, that H–1C nurses cannot comprise more will be worthy of the oversight that United States Code (commonly referred to as than 33 percent of the hospital’s work- this particular bill gives at this in- the ‘Administrative Procedure Act’) or any force of registered nurses, and that a stance. But I think it is important that other law relating to rulemaking, informa- hospital cannot contract out H–1C when we do engage in oversight that tion collection or publication in the Federal nurses to work at other facilities. This our legislative initiatives pass con- Register, shall not apply to any action to bill would reauthorize the H–1C pro- stitutional muster. implement the amendments made by section 2 to the extent the Secretary Homeland of gram for an additional 3 years. With that, I would ask for the words Security, the Secretary of Labor, or the Sec- Our goal in creating the H–1C pro- of our various speakers, including Mr. retary of Health and Human Services deter- gram was set out in the Immigration KUCINICH, to be taken into consider- mines that compliance with any such re- Nursing Relief Advisory Committee ation as we move this bill along. And quirement would impede the expeditious im- which recognized the necessity to ‘‘bal- as indicated, I ask my colleagues to plementation of such amendments. ance both the continuing need for for- support this legislation. The SPEAKER pro tempore. Pursu- eign nurses in certain specialties and Mr. Speaker, I yield back my time. ant to the rule, the gentleman from localities for which there are not ade- Mr. SENSENBRENNER. Mr. Speak- Wisconsin (Mr. SENSENBRENNER) and quate domestic registered nurses, and er, I yield back the balance of my time. the gentlewoman from Texas (Ms. then the need to continue to lessen em- The SPEAKER pro tempore. The JACKSON-LEE) each will control 20 min- ployers dependence on foreign reg- question is on the motion offered by utes. istered nurses and protect the wages the gentleman from Wisconsin (Mr. The Chair recognizes the gentleman and working condition of U.S. reg- SENSENBRENNER) that the House sus- from Wisconsin. istered nurses.’’ pend the rules and pass the bill, H.R. GENERAL LEAVE The H–1C program reflects this bal- 5228. Mr. SENSENBRENNER. Mr. Speak- ance. I urge my colleagues to support The question was taken. er, I ask unanimous consent that all this reauthorizing legislation.

VerDate Aug 31 2005 04:28 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.034 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4238 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Mr. Speaker, I reserve the balance of States, and this Congress across Amer- When I rose in support of the original Nurs- my time. ica. As this legislation has been so dili- ing Relief for Disadvantaged Areas Act 5 Ms. JACKSON-LEE of Texas. Mr. gently offered by our colleague from Il- years ago, I hoped that the nursing shortage Speaker, I ask to address the House for linois, who sees the nursing shortage would be temporary. Unfortunately, the short- such time as I might consume. and who has asked us to extend the age of nurses in the United States has gotten Mr. Speaker, I rise to support the time for this particular provision to worse since then. Five years ago, the U.S. Nursing Relief for Disadvantaged Areas bring in nurses, let us have a wake-up Department of Health and Human Services re- Reauthorization Act of 2005, H.R. 1285. call to begin to train nurses out of ported on the results of a survey which indi- And I offer my appreciation for the dis- America’s high schools around the cated that there were roughly 1.89 million tinguished gentleman from Illinois country. nurses in the United States, but that we need- (Mr. RUSH), who is en route. And I According to projections from the ed 2 million. would ask, as I know that the Chair- U.S. Bureau of Labor Statistics that According to projections from the U.S. Bu- man will ask, but I ask specifically were published in November 2005, I in- reau of Labor Statistics that were published in that Mr. RUSH’s statement subse- dicated that we need 1.2 million new the November 2005 Monthly Labor Review, quently can be entered into the and replacement nurses, as stated ear- more than 1.2 million new and replacement RECORD. lier, in 2014. We need a growing enroll- nurses will be needed by 2014. Enrollment in b 1300 ment in America’s nursing schools. American nursing schools is not growing I do appreciate the fact that we have Part of the problem is that a shortage quickly enough to meet this demand. of nursing school facilities is restrict- worked with Mr. RUSH for a number of Part of the problem is that a shortage of years, and I am reminded of the pas- ing nursing program enrollments. Ac- nursing school facilities is restricting nursing sage of this legislation in 1999; so it is cording to the American Association of program enrollments. According to the Amer- a long time that we have been focusing Colleges of Nursing’s report on 2005– ican Association of Colleges of Nursing’s re- on this great need. 2006 Enrollment and Graduations in port on 2005–2006 Enrollment and Gradua- The original Nursing Relief for Dis- Baccalaureate and Graduate Programs tions in Baccalaureate and Graduate Pro- advantaged Areas Act was a temporary in Nursing, U.S. nursing schools turned grams in Nursing, U.S. Nursing schools turned visa program that expired at the end of away 41,683 qualified applicants in 2005 away 41,683 qualified applicants in 2005 due September 20, 2004. H.R. 1285 would re- due to insufficient faculty, clinical to insufficient faculty, clinical sites, classroom authorize and extend it for years. sites, classroom space, and budget con- space, and budget constraints. Let me cite for my colleagues some straints. The Nursing Relief for Disadvantaged Areas important information. According to a Let me read to you just a paragraph Act would provide more nurses in disadvan- report released by the American Hos- from the American Nursing Associa- taged areas, which is where the shortage is pital Association, April 2006, U.S. hos- tion. My mother having been a nurse, I most critical. I urge you to vote for H.R. 1285 pitals need approximately 118,000 reg- know many Members of Congress hav- to reauthorize and extend the Nursing Relief istered nurses to fill vacant positions ing come from the nursing profession for Disadvantaged Areas Act for another 3 nationwide. This translates into a na- and maybe our colleagues as well years. tional RN vacancy rate of 8.5 percent. knowing nurses or working with Mr. Speaker, I am pleased to yield 3 The report titled ‘‘The State of Amer- nurses: ‘‘Overall, the ANA,’’ and this is minutes to the distinguished gen- ica’s Hospitals: Taking the Pulse’’ also back in 1999, ‘‘believes that we need to tleman from Maryland (Mr. CUMMINGS), found that 49 percent of hospital CEOs address the root causes for the insta- who is on our Government Reform had more difficulty recruiting RNs in bility of the nursing workforce that Committee and has worked very hard 2005 than in 2004. Since the origins of has led to swings in the supply and de- on these issues dealing with disadvan- this bill, Mr. Speaker, we are going mand of registered nurses. It is clear taged neighborhoods. downward, if you will. that overreliance on foreign-educated Mr. CUMMINGS. Mr. Speaker, I According to the latest projections nurses by the hospital industry serves thank the gentlewoman for yielding. from the U.S. Bureau of Labor Statis- only to postpone real efforts to address I stand in support of this legislation, tics published in the November of 2005 the nursing workforce needs of the but I do want to emphasize something Monthly Labor Review, more than 1.2 United States.’’ that is very important, and I think Ms. million new and replacement nurses This is not a criticism of this legisla- JACKSON-LEE alluded to it just a mo- will be needed by 2014. Government an- tion. This is support for this legisla- ment ago. alysts project that more than 703,000 tion. But what it says is, as we wel- In my district in Baltimore, we have new RN positions will be created come the nurses who will help our dis- one Johns Hopkins, we have the Uni- through 2014, which will account for advantaged areas, let us track their versity of Maryland, we have a small two-fifths of all new jobs in the health great service, as we do with the J–1 black college called Coppin State. care center. visa that helps us in rural and urban Coppin State University has a nursing This is a wake-up call for America. areas with doctors who will serve in school, and most of its applicants come This legislation is attempting to re- underserved areas who are coming into from the inner city of Baltimore, in spond to this crisis, but this is, frank- our country. Let us work to address our region. These are kids that have ly, a wake-up call for America. Where this critical shortage. The Nursing Re- worked very hard to get through school are the nursing schools? Where are the lief for Disadvantaged Areas Act would and have done very well. But for every recruits? Where are the students, and provide more nurses in the disadvan- one applicant that we admit into how can we assist? taged areas, which is where the short- Coppin, five are not able to come. I rose in support of the original Nurs- age is most critical. I support that en- These are people who are qualified. It ing Relief for Disadvantaged Areas Act thusiastically. is incredible to me that young people 5 years ago, and I support this. I had I urge Members to vote for H.R. 1285 who work hard, play by the rules, give hoped, however, at that time that the because it is needed. It is needed now. it everything they have got, and then nursing shortage would be temporary. I urge Members to vote to reauthorize they get to the point of being able to Unfortunately, the shortage of nurses and extend the Nursing Relief for Dis- go to college, they cannot go to in the United States has gotten worse advantaged Areas Act for another 3 Coppin’s nursing school because of two since then. As indicated, 5 years ago years so that disadvantaged commu- main things: one, faculty, a lack of fac- the U.S. Department of Health and nities in our Nation do not suffer from ulty; and, second, a lack of space. And Human Services reported on the results lack of health care. it is so incredibly sad when I think of a survey which indicated that there I rise in support of the Nursing Relief for about their standing on the sidelines of were roughly at that time 1.89 million Disadvantaged Areas Reauthorization Act of life and not being able to pursue goals nurses in the United States, but that 2005, H.R. 1285. The original Nursing Relief that are their life dreams. we needed 2 million. Unfortunately, as for Disadvantaged Areas Act was a temporary In some kind of way we have got to I have said, we are spiraling downward. visa program that expired at the end of Sep- turn this around. I mean, it is wonder- I hope this debate on the floor of the tember 20, 2004. H.R. 1285 would reauthorize ful to do what we have to do to go House will ignite nursing schools, and extend it for 3 years. across the shores, but what about the

VerDate Aug 31 2005 01:44 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.037 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4239 young people in our country? What This resulted in St. Bernard nursing expendi- istered nurses; this shortage is projected to in- about them? What about the ones who tures to increase in the millions. The Immigra- crease to approximately 2,000 by 2010. Like simply want to grow up to help other tion Nursing Relief Act of 1989 created the H– most states, UH found Hawaii’s nursing work- people? What about the ones who have 1A visa program in order to allow foreign edu- force tired and burnt out due to incredible to defer their dreams? What about the cated nurses to work in the United States. The stress, understaffing issues, and increased ones who have to arrest their dreams rationale for the H1–A program, as acknowl- overtime without adequate support staff. What and not be able to pursue them? edged by the AFL–CIO, the American Nurses is clear from the data already collected cou- We spend just a phenomenal amount Association and others, was to address spot pled with existing information regarding reten- of time talking about No Child Left Be- shortage areas. tion is that a worsening shortage of nurses hind, talking about educating our chil- My legislation merely seeks to close the gap means a worsening shortage of quality care dren, using our State and local and created by the expiration of the H1–A pro- for patients. Federal funds to educate them, and gram. H.R. 1285 simply extends the sunset These statistics and the trends and conclu- then when they get to the point where provision in the Nursing Relief for Disadvan- sions they reflect are nothing new, but what they are qualified to go to nursing taged Areas Act to three years. It does not do we do about it? As one valuable initiative, school, there are not enough resources substantively change any language in the law, in 1999 President Clinton signed into law P.L. for them. it still prescribes that any hospital which seeks 106–96, the Nursing Relief for Disadvantaged The other thing I might add is that to hire foreign nurses under these provisions Areas Act. This law provided for foreign Coppin State has like a 99 percent pas- must meet the following criteria: (1) be located nurses to obtain temporary work visas to sage on the State exam, 99 percent. So in a Health Professional Shortage Area; (2) come to the U.S. and work in places experi- what that means is definitely we have have at least 190 acute care beds; (3) have a encing a shortage of health professionals. By five not going to nursing school, one medicare population of 35 percemt; and (4) allowing experienced health professionals, going, and, again, those folks being left have a Medicaid population of at least 28 per- particularly nurses, from countries such as the on the sidelines. cent. Philippines into medically shortage under- So I hope that the committee will As one who has always fought for the served communities, the law has contributed continue to work on this because I American worker, I can assure you that this greatly to keeping hospitals open and, more want these young people to fulfill their proposal does not have a detrimental effect on importantly, providing quality care to patients dreams. American nurses. My legislation continues the who otherwise would have no other place to Ms. JACKSON-LEE of Texas. Mr. cap on the number of new visas that may be seek treatment. Speaker, I yield myself such time as I issued each year. It also includes processing Mr. Speaker, I fully support the goal of H.R. may consume. requirements that require employers to attest 1285 to extend this important legislation, the I thank the distinguished gentleman that the hiring of foreign nurses will not ad- Nursing Relief for Disadvantaged Areas Act of Mr. CUMMINGS. versely affect the wages and working condi- 1999, for an additional three years. I look for- Let me conclude by thanking Con- tions of registered nurses. The Secretary of ward to working with my colleagues on this gressman BOBBY RUSH, who has been a Labor will oversee this process and provide and other initiatives to ensure that Americans strong advocate for providing and help- penalties for non-compliance. continue to receive the health care they de- ing with nursing in underserved areas. Health care is a basic human right. The hall- serve. And let me also conclude by indi- marks of civilized nations are health care, edu- Ms. JACKSON-LEE of Texas. Mr. cating again my support by saying, Mr. cation, and democracy. Speaker, I yield back the balance of Speaker, we have to balance what we The state of health care is a grave concern my time. do as we provide these valuable nurses in my district. Hospitals have closed. City Mr. SENSENBRENNER. Mr. Speak- through the extension of this bill in health clinics are closing. Payments for Medi- er, I yield back the balance of my time. our areas, but we must also reach out care and Medicaid have been cut back. The SPEAKER pro tempore (Mr. and find a way to ensure that every The legislation we must pass today is aimed DUNCAN). The question is on the mo- young person, every individual, seeking at helping hospitals, like St. Bernard’s, keep tion offered by the gentleman from an opportunity in our medical schools their doors open to the communities they Wisconsin (Mr. SENSENBRENNER) that for physicians and as well nursing has serve. That said I would like to thank my col- the House suspend the rules and pass that opportunity to serve America. leagues Congressman SENSENBRENNER, Con- the bill, H.R. 1285, as amended. With that, again, I ask for support of gressman HOSTETTLER, Congressman HYDE, The question was taken; and (two- H.R. 1285. Congressman CONYERS and Congresswoman thirds having voted in favor thereof) Mr. RUSH. Mr. Speaker, I rise today in sup- SHEILA JACKSON-LEE for their support and for the rules were suspended and the bill, port of H.R. 1285, a bill to amend the Nursing recognizing the national and local importance as amended, was passed. Relief for Disadvantaged Areas Act of 1999. In of this bill. Again, I urge my colleagues on The title of the bill was amended so 1999, I sponsored the Nursing Relief for Dis- both sides of the aisle to support this legisla- as to read: ‘‘A bill to extend for 3 years advantaged Areas Act, formerly H.R. 441–P. tion. changes to requirements for admission L. No.: 106–95, to address an immediate nurs- Mr. CASE. Mr. Speaker, I rise in strong sup- of nonimmigrant nurses in health pro- ing shortage in my district, the First Congres- port of H.R. 1285, which would amend the fessional shortage areas made by the sional District of Illinois. This legislation sunset Nursing Relief for Disadvantaged Areas Act of Nursing Relief for Disadvantaged Areas last year in June of 2005. 1999 by repealing a provision limiting the non- Act of 1999.’’. Today, there are many areas in this country immigrant classification for nurses working in A motion to reconsider was laid on which are experiencing a scarcity of health health professional shortage areas. the table. professionals, some areas more than others. Nursing shortages continue to plague our f In 1999 when I sponsored this legislation there country, especially our underserved areas like were only pocket areas that experienced a much of my district. A report released by the PROVIDING FOR CONSIDERATION shortage of nurses, now there exists, a na- American Hospital Association (AHA) in April OF H.R. 5631, DEPARTMENT OF tional shortage. This shortage unfortunately, 2006 indicated that U.S. hospitals need ap- DEFENSE APPROPRIATIONS ACT, exists in my district, the First Congressional proximately 118,000 Registered Nurses (RNs) 2007 District of Illinois. just to fill current vacant positions. This is, na- Mr. COLE of Oklahoma. Mr. Speaker, The Englewood community, a poor, urban tionwide, a vacancy rate of 8.5 percent. In No- by direction of the Committee on neighborhood with a high incidence of crime, vember 2005, the U.S. Bureau of Labor Statis- Rules, I call up House Resolution 877 is primarily served by St. Bernard’s Hospital. tics, Monthly Labor Review, stated that more and ask for its immediate consider- This small community hospital’s emergency than 1.2 million new and replacement nurses ation. room averages approximately 31,000 visits per will be needed by 2014. Even worse, the The Clerk read the resolution, as fol- year; 50% of their patients are Medicaid recipi- Health Resources and Services Administration lows: ents and 35% receive Medicare. (HRSA) reported that approximately 30 states H. RES. 877 Prior to the creation of a non-immigrant visa had RN shortages in 2000. Resolved, That at any time after the adop- (H1–C) St. Bernard could not attract nurses In my state of Hawaii, the University of Ha- tion of this resolution the Speaker may, pur- into the Englewood area and was forced to waii (UH) reported in 2000 that we faced a suant to clause 2(b) of rule XVIII, declare the hire temporary nurses to service its patients. nursing shortage of more than 1,000 reg- House resolved into the Committee of the

VerDate Aug 31 2005 04:28 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.040 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4240 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Whole House on the state of the Union for lying resolution. In past debates on de- operation in devising ways to meet the consideration of the bill (H.R. 5631) making fense appropriations, I have spoken of needs of our men and women in uni- appropriations for the Department of De- the four challenges I believe we must form is something to which we should fense for the fiscal year ending September 30, successfully address if we are to ensure all aspire. I particularly want to recog- 2007, and for other purposes. The first read- ing of the bill shall be dispensed with. All the security of our country in the 21st nize Mr. SABO, who is leaving Congress points of order against consideration of the Century. These challenges are, first, after the completion of his current bill are waived. General debate shall be con- addressing the equipment and readi- term, for his distinguished career of fined to the bill and shall not exceed one ness needs created by the 1990s procure- service to his district, his State and hour equally divided and controlled by the ment holiday; second, transforming our country. chairman and ranking minority member of and adapting our forces to use the op- Mr. Speaker, I reserve the balance of the Committee on Appropriations. After gen- portunities and meet the challenges my time. eral debate the bill shall be considered for posed by the new technologies of the Ms. MATSUI. Mr. Speaker, I yield amendment under the five-minute rule. All myself such time as I may consume. points of order against provisions in the bill information age; third, increasing the size and changing the force structure of (Ms. MATSUI asked and was given for failure to comply with clause 2 of rule permission to revise and extend her re- XXI are waived. During consideration of the our forces in order to have more avail- marks.) bill for amendment, the Chairman of the able manpower for deployment and for Ms. MATSUI. Mr. Speaker, I thank Committee of the Whole may accord priority combat operations; and, fourth, doing the gentleman from Oklahoma for in recognition on the basis of whether the those things necessary to win the war Member offering an amendment has caused yielding me time. on terror and succeed in Afghanistan Mr. Speaker, passage of H. Res. 877 it to be printed in the portion of the Con- and Iraq. gressional Record designated for that pur- will allow the House to consider the pose in clause 8 of rule XVIII. Amendments Mr. Speaker, the rule and the under- fiscal year 2007 defense appropriations so printed shall be considered as read. When lying legislation do much to meet bill under an open rule. I would like to these four challenges. The bill itself the committee rises and reports the bill back thank subcommittee Chair YOUNG and to the House with a recommendation that provides $427.4 billion to meet the my good friend Ranking Member MUR- the bill do pass, the previous question shall needs of our military. That is $19.1 bil- THA for their hard work to craft a re- be considered as ordered on the bill and lion more than last year. amendments thereto to final passage with- sponsible bill for consideration by this out intervening motion except one motion to b 1315 House. It provides robust support to recommit with or without instructions. Speaking broadly, the bill provides our troops stationed in Iraq and else- The SPEAKER pro tempore. The gen- $84.9 billion for military personnel, where around the globe. In particular, I tleman from Oklahoma (Mr. COLE) is $120.5 billion for operations and main- would highlight the increased funding recognized for 1 hour. tenance, $81.5 billion for procurement, to test new jammers for IEDs and addi- tional funds for troop body armor and GENERAL LEAVE $75.3 billion for research and develop- ment and $50 billion towards the cost Humvees. Mr. COLE of Oklahoma. Mr. Speaker, Importantly, the bill also focuses sig- of operations in Iraq and Afghanistan. I ask unanimous consent that all Mem- nificant resources toward rebuilding The procurement sections of the un- bers may have 5 days to revise and ex- our military. This includes addressing derlying bill do much to bring on line tend their remarks and insert tabular the strain placed on our National new weapons and replace worn-out and extraneous material into the Guard. Wisely, the committee provided equipment. I am particularly pleased RECORD. funding to maintain the Guard’s cur- The SPEAKER pro tempore. Is there to note the $11 billion for naval ship- rent force size. In addition, they pro- objection to the request of the gen- building and conversion, the $2.9 billion vided critical resources to ensure these tleman from Oklahoma? for 42 F/A–22 aircraft and the $500 mil- men and women have equipment nec- There was no objection. lion above the President’s request for essary to accomplish their mission. Mr. COLE of Oklahoma. Mr. Speaker, National Guard equipment needs. In I appreciate the committee’s intense for the purpose of debate only, I yield addition, in light of developments in focus to mitigate the effect Iraq has the customary 30 minutes to the gen- North Korea, the $9 billion for ballistic had on eroding our military readiness. tlewoman from California (Ms. MAT- missile defense is clearly a prudent ex- I would like to highlight a few provi- SUI), pending which I yield myself such penditure. Additional funds are avail- sions which I feel are particularly for- time as I may consume. During consid- able to replace equipment lost in Iraq ward-thinking. Many Members, includ- eration of this resolution, all time and Afghanistan. ing myself, felt that the House missed yielded is for the purpose of debate On the personnel front, the end an opportunity last week to engage in only. strength for the National Guard is substantive debate with regard to our Mr. Speaker, on Monday the Rules funded at its full projected strength of policies toward Iraq. For that reason, I Committee met and reported a rule for 350,000. Moreover, all personnel receive am very pleased that this bill contains consideration of the House report for a 2.2 percent across-the-board raise a real policy proposal. It clearly states H.R. 5631, the Department of Defense that the administration requested. that it is not the intent of the United appropriations bill for the fiscal year Mr. Speaker, we have a long way to States to build permanent bases in 2007. Mr. Speaker, when the Rules Com- go before we make up for the neglect of Iraq. mittee met, it granted an open rule, our military in the 1990s when we re- Mr. Speaker, intentions matter. For providing 1 hour of debate equally di- duced our end strength levels and too long this House has passed on op- vided and controlled by the chairman failed to replace and update weapons portunities to clarify our intentions in and ranking minority member of the systems and bring on new weapons. The Iraq. Not only is such a statement in Committee on Appropriations. It changing nature of technology poses the best interest of our troops, but it is waives all points of order against con- real threats and opportunities. More- critical if we are to defeat the insur- sideration of the bill. For the purposes over, our forces are involved in a tough gency in Iraq. I would like to commend of amendment, the bill shall be read by fight against a vicious enemy in Af- Mr. MURTHA for his leadership in bring- paragraph. Additionally, this rule ghanistan and Iraq. They require our ing this issue to the House for consid- waives all points of order against pro- continued support. eration. visions in the bill which fail to comply No one bill in and of itself can ad- This bill also begins to bring funding with clause 2 of rule XXI, and it au- dress all these challenges. However, the for the Iraq war into the regular budg- thorizes the Chair to accord priority Appropriations Committee has brought et process. Since the start of the war, and recognition to Members who have us a bill that makes significant the majority leadership has been en- preprinted their amendments in the progress in all these areas. gaged in a shell game. We pass budget CONGRESSIONAL RECORD. It provides one Moreover, Mr. Speaker, this is a bi- resolutions that pretend we are not at motion to recommit with or without partisan bill, carefully crafted by the war, and in doing so, we ignore the idea instructions. chairman, Mr. YOUNG of Florida, and of shared sacrifice. Mr. Speaker, I rise today in support the ranking member, Mr. SABO of Min- Only a select few are paying for the of the rule for H.R. 5631 and the under- nesota. Their professionalism and co- costs of this war, the men and women

VerDate Aug 31 2005 01:44 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.008 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4241 in uniform and their families, and Reagan ‘‘crazy,’’ or they called him a Here is a report that recently came those who rely on critical domestic ‘‘warmonger’’ for even advocating mis- out. I don’t know whether it went to programs which have been cut to fi- sile defense. Well, today he doesn’t all of the offices of all of the Members nance the war. look so crazy. Actually, today he looks of Congress. Maybe because I am on the Let us admit we have lost the prin- visionary, and we need to do every- Education and Workforce Committee, I ciple of shared sacrifice. This bill will thing that we can to defend our citi- got five copies. It is called ‘‘Rising be a first step toward again embracing zens from terrorist states and rogue Above the Gathering Storm.’’ that idea. Commend the subcommittee nations like North Korea who threaten The report is published by the Na- for returning to this path. world peace and stability. tional Academy of Sciences, the Na- In closing, Mr. Speaker, the bill The news today that our missile de- tional Academy of Engineering and the made in order under this rule reaffirms fense is on high alert in case of a Institute of Medicine. our ironclad support for our men and launch is very good news, and the The impetus for this book, the over- women in uniform in two fundamental American people should know that we sight for this book, the push for this ways. This legislation upholds our part recognize threats to our security, and book came from our own STEM Cau- of a solemn pact to provide our Armed we will do all that we can to protect cus, Senate and House Members to- Forces with everything they require, our Nation. gether pushing to get a realistic eval- and it fulfills our duty to act respon- Also, Mr. Speaker, earmarks and var- uation of where we are in terms of edu- sibly in our Nation’s interests. I com- ious Member projects have come under cation for engineering and science in mend the committee for achieving both question and scrutiny recently. This order to keep our economic advantage goals in one bill. bill does the responsible thing by lim- in the world and remain leaders, and Mr. Speaker, I reserve the balance of iting those projects to $5 billion, $2.7 that means leaders also in the area of my time. billion less than last year’s bill. And the military as well. Mr. COLE of Oklahoma. Mr. Speaker, for those projects that remain in the The National Defense Education Act I am pleased to yield 31⁄2 minutes to the bill, every Member who advocates for a was one of the first efforts of that kind gentlelady from Michigan (Mrs. MIL- project or asked for an earmark should put forth by the government in 1957 LER). not be afraid to stand up on this floor and 1958 as a result of the reaction to Mrs. MILLER of Michigan. Mr. to defend it. Sputnik. Some of you are not old Speaker, I thank the gentleman for Mr. Speaker, let me tell you about enough to remember Sputnik. When yielding. one of those projects that I asked for in the Russians put Sputnik up, it said Mr. Speaker, I rise today in strong this bill which is centered at Selfridge they had a rocket capability which support of the rule as well as the un- Air National Guard Base in my dis- frightened us, because that rocket ca- derlying legislation. trict. As our Nation seeks alternatives pability that you had to have to go We are a Nation engaged in a global for everyday energy needs, we also into the upper atmosphere was enough, war on terror, and it is critical that need alternatives for the military. of course, for an intercontinental bal- This bill provides $2 million for the during this time we focus our spending listic missile also. So we got busy, and second phase of a project to turn waste on what we need to defeat our terrorist the National Defense Education Act into fuel and electricity. NextEnergy, a enemies. This bill does that. We have nonprofit alternative fuel research co- followed that. learned an awful lot during this con- The National Defense Education Act operative in the great State of Michi- flict as to the vulnerability of our in 1958 dollars was given about half a gan, is working with the U.S. Army on forces, and this bill addresses those billion dollars, $500 million. It did not this important project. This fuel would vulnerabilities. limit itself to a few scholarships to help run a generator that would This bill allocates $1.5 billion to test produce high-quality electric energy science and engineering students. It and field new jammers to counter im- that every military unit needs. This is provided money for laboratories in provised explosive devices, which have a very important project to support high schools, money for libraries, pur- been such a deadly threat to our our troops. chase of science books. It went right troops. Mr. Speaker, this is a reasonable rule across the board, in 1958, when we were We also provide an additional $725 to manage an outstanding bill. It has really not into large amounts of ex- million for other force protection the right priorities. And we need to penditures for domestic programs. equipment, such as body armor for our make sure that our military remains What flowed from the National De- troops in the field. the best trained, the best supported, fense Education Act was later on the This bill also fully funds the Presi- the best equipped and the most lethal Elementary and Secondary Education dent’s request for a 2.2 percent pay in- fighting force that the world has ever Act and the Higher Education Assist- crease for the members of our armed seen. ance Act which took its place, but still services, a pay increase that is well, I urge my colleagues to support the there is a deficit. well deserved. rule and the underlying legislation. The deficit was indicated when I first This bill also restores $557 million to Ms. MATSUI. Mr. Speaker, I yield 4 came to Congress by a report called ‘‘A the Army Reserve and National Guard minutes to the gentleman from New Nation at Risk.’’ A Nation at Risk was above the requested amount to reflect York (Mr. OWENS). commissioned by President Ronald newly authorized troop levels. Our (Mr. OWENS asked and was given Reagan. ‘‘A Nation at Risk’’ made the troops need to know that the Congress permission to revise and extend his re- same recommendations being made of the United States is working hard to marks.) now all these years later in this ‘‘Ris- recognize their needs and to address Mr. OWENS. Mr. Speaker, I want to ing Above the Gathering Storm.’’ them forcefully. thank the gentlelady for yielding. I am The fact that there are people in the This bill also allocates $50 billion for here to speak on the rule, because I Defense Department who see $10 mil- ongoing operations in Iraq and in Af- know that there will be a great deal of lion as being significant, that there are ghanistan in hopes of avoiding future pressure to fill up the agenda for people on the Appropriations Com- supplemental appropriation bills. We speakers on the bill itself. mittee, the fact that we have that kind are at war, and it only makes sense to I am here to record what I call a fury of backward, Neanderthal, primitive appropriate funds under regular order footnote, F-U-R-Y. I am furious at the thinking about education and its role to pay for the cost of the war. kind of Neanderthal, backward, primi- in our military defense is appalling. Mr. Speaker, the news today is that tive thinking reflected in the bill in I suppose I should not be furious and North Korea is threatening to launch a one statement. There is one section of angry, I should be weeping that such a new ballistic missile which has the ca- the bill which says, ‘‘National Defense great Nation with such great minds pability to reach our shores. It vali- Education Act, $10 million.’’ Ten mil- would place education on such a low dates the inclusion of $9 billion in this lion dollars, and they call it a National level. bill for our missile defense shield. Defense Education Act; $10 million for We need to go across the board, and Back in the days of the Cold War, scholarships for science and engineer- we need to appropriate billions for a people used to call President Ronald ing students. new National Defense Education Act or

VerDate Aug 31 2005 01:44 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.044 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4242 CONGRESSIONAL RECORD — HOUSE June 20, 2006 a National Homeland Security Mobili- countries are making our Nation safer thank her for fighting for fairness in zation Act, which reaches beyond just from terrorists who seek to do us and this whole process. the military and understands that in other freedom-loving nations harm. As the daughter of a veteran of two addition to scientists, we need some Make no mistake, our success in Iraq wars, first let me just express my pro- people who know how to interpret the is hugely important. Our enemies in found respect and admiration for our Arabic language. We need some people Iraq are thinking enemies; they are brave young men and women serving who know how to interpret other Mid- adaptable and would like nothing bet- our Nation around the world and on the dle Eastern languages, we need people ter than to see us withdraw pre- ground in Iraq. who understand cultures that we are at maturely, set arbitrary dates for with- I also rise to convey my appreciation war with. drawal, and then come back after our for the hard work and the dedication of Mr. Speaker, I think we ought to departure to reinstall another despot the distinguished ranking member of pause and take a hard look at our con- or regime even more oppressive, more the defense subcommittee, Mr. MUR- ception of what it means to defend our fanatical, and more horrendous and THA, and the ranking member of the country in terms of education. more dangerous than the last. full committee, Mr. OBEY. They have Mr. COLE of Oklahoma. Mr. Speaker, The bottom line is that we should both been champions for a significant at this time I am pleased to yield 5 never forget that the soldiers we sup- provision in this bill, one that would minutes to the distinguished gen- port through this appropriations bill ensure that we are not establishing tleman from New Jersey (Mr. FRELING- have freed nearly 50 million people in permanent military bases in Iraq. HUYSEN). Iraq and Afghanistan from killer re- Mr. Speaker, the American people do (Mr. FRELINGHUYSEN asked and gimes where protest and dissent were not want an open-ended war and occu- was given permission to revise and ex- answered by killing fields and geno- pation in Iraq. Congress must be on tend his remarks.) cide, where women were denied basic record supporting this, and the admin- freedoms, education, health care, and istration must level with the American b 1330 the vote. people regarding their long-term de- Mr. FRELINGHUYSEN. Mr. Speaker, Of course, the loss of any young sol- sires and designs with regard to Iraq. I rise in support of the rule and the un- dier is heartbreaking; so are the deaths My colleague, Mr. ALLEN, and I of- derlying bill, and from the outset I of innocent civilians killed by roadside fered an identical provision to the war want to commend Chairman YOUNG of and vehicle-borne bombs, or suicide supplemental bill this past March; but Florida and the ranking member, Mr. bombers. We are dealing with Saddam in a gross abuse of power, the Repub- MURTHA of Pennsylvania, for their loyalists, jihadists, imported terror- lican majority stripped it in con- leadership on this bipartisan bill and ists, and domestic criminals who play ference. We must ensure that the no for all they do each and every day for by no rules and do not hesitate to permanent bases in this bill remains our military and their families. bomb Iraqi weddings, mosques, funer- and not be gutted. As my colleagues have noted, H.R. als, and gatherings of children, school While I support this provision, I also 5631 includes over $427 billion in discre- children as a common tactic. believe this bill could be improved in tionary funding, including an addi- Since we are engaged in the global many ways. First, this bill does not ad- tional $50 billion provided in what is war on terrorism with Afghanistan and dress the waste, fraud, and abuse in called the very critical Bridge Fund to Iraq being countries of conflict and vi- Pentagon spending. GAO has identified support ongoing operations in Iraq and olence, our soldiers and marines and cost savings which, if implemented, Afghanistan. Over 90 percent of this others in the military need every pos- could save billions of tax dollars. This funding will go to the Army and Ma- sible advantage. This legislation pro- budget should not be off limits to rine units that are taking the fight di- vides our fighting men and women with spending cuts, especially where funds rectly to our enemies in Afghanistan the resources they need to be more are misspent. Also, this bill continues and Iraq. deployable, more agile, more flexible, to fund the unnecessary war in Iraq Mr. Speaker, our committee’s alloca- more interoperable, and more lethal in without demanding accountability tion is $4 billion below the President’s the execution of their missions. It pro- from this administration. request. This presented the committee vides for better training, better equip- In a larger sense, Mr. Speaker, I be- with some significant challenges. We ment, better weapons. lieve that our Nation is best defended looked carefully at programs in the Of course, our bill supports the by funding priorities that truly make President’s budget, and we made se- troops by providing a pay increase, en- our Nation and the world safer. I am lected reductions. We also rec- hanced life insurance coverage, and disappointed that this $427 billion bill ommended less funding for programs housing allowances. Mr. Speaker, I also continues to fund Cold War-era weap- encountering technological problems welcome increased funding for research onry for a threat that doesn’t exist. We and developmental delays. With many and development in this bill. Our bill must focus our security spending on competing challenges facing our mili- exceeds the President’s budget by $2.2 threats that we face today. By getting tary as we prosecute the global war on billion so we can speed important new rid of outmoded weapons systems pro- terror, this was not an easy task; but technology from the drawing board to grams, we can not only make the much we believe we made appropriate choices the laboratory, to the test bed, and needed investment in ensuring health to allow us to deter our enemies and into the arsenal of our warfighters. care for all of our children, improving yet enhance the high-intensity combat My colleagues, the global war on ter- our public schools, ending our depend- capability of our forces. ror will not be short. It will require ence on foreign oil, but also improve Mr. Speaker, as we consider this im- deep and enduring commitment. And our Homeland Security, where of portant legislation, we must remain looking down the road, we face many course we must focus because the real mindful that our troops in Afghanistan potential threats and we cannot know threat involves possible attacks, and and Iraq, mind you all volunteers, reg- what lies ahead, but this appropria- we need to protect our homeland. ular military, Guard, and Reserve, are tions bill will give us the resources to That is why I have joined with my literally on the battlefield as we speak, do the job and to support our young colleague Congresswoman LYNN WOOL- brave men and women fighting a new men and women who do that job of lib- SEY in introducing H.R. 4898, the Com- kind of war where everybody literally erty each and every day. mon Sense Budget Act. This bill shows is on the front line. As we all know, the Ms. MATSUI. Mr. Speaker, I yield 31⁄2 how we can reduce our defense budget Army and Marines are carrying the minutes to the gentlewoman from Cali- by $60 billion without diminishing our brunt of the battle in Iraq and Afghani- fornia (Ms. LEE). ability to protect our Nation by put- stan, with an unprecedented level of Ms. LEE. Mr. Speaker, let me thank ting resources into areas where real partnership by their Guard and Reserve the gentlewoman from California for threats exist, by protecting our ports, components, and young men and her leadership, for yielding, and for her protecting our transit systems, real women from the Air Force and Navy work on the Rules Committee. Her homeland security. So we must get our stand with them. Their service and fairness in seeking appropriate rules funding priorities right. The challenge dedication on the battlefields of these does not go unnoticed, and I want to is clear. We must, quite frankly, put

VerDate Aug 31 2005 01:44 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.054 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4243 some common sense into our defense and I would like to applaud the com- Mr. COLE of Oklahoma. Mr. Speaker, spending. mittee for their recognition of this in today in closing I again want to draw Mr. COLE of Oklahoma. Mr. Speaker, funding 9 C–130Js and the C–5 mod- attention of the Members to the I yield myself such time as I may con- ernization. strength of the underlying legislation, sume just briefly to offer a different Today, the C–130J is the most modern H.R. 5631. This legislation accomplishes perspective, if I may. military transport in service. Both much in terms of funding our current I would argue that we don’t spend too United States and allied C–130Js are ex- operations in Iraq and Afghanistan and much on defense, we spend far too lit- ceeding expectations in Iraq and Af- the global war on terror, while setting tle. Frankly, by historical measures, ghanistan. The KC–130Js have been de- the military on the path of further we spend less now than at any time ployed continuously to Iraq dating to transformation to meet the new chal- since 1940. In 1960, at the height of the February of 2005, and their unprece- lenges of the 21st century. Cold War, we were spending roughly 50 dented capability, reliability, and Mr. Speaker, it must also be noted percent of the entire Federal budget, maintainability have been impressive. that this legislation would not have roughly 9 percent of our gross national Over the past year of deployment, the been possible without much hard work product on defense. By 1980, that was C and the KC–130J mission capable on the part of the gentleman from down to 33 percent of the Federal budg- rates have been between 89 and 93 per- Florida (Chairman YOUNG), the gen- et and 6 percent of the gross national cent, which is more than a 50 percent tleman from Pennsylvania (Ranking product. Today, it is about 17 or 18 per- improvement over legacy aircraft. Member MURTHA), the gentleman from cent of the total budget, only about 4 Similarly, the C–5 has also proven its California (Chairman LEWIS), and all percent, actually slightly less than ability to provide critical support. the members on both sides of the aisle that, of the gross national product. While the C–5 fleet has flown less than of the defense appropriations sub- I would argue we steadily decreased 25 percent of all cargo missions in oper- committee and the full Appropriations our expenditure even in a time of dan- ations in Afghanistan and Iraq, they Committee. The appropriators have ger, and frankly that is a tribute to the delivered nearly 50 percent of all cargo given us a genuinely excellent and bi- professionalism and the skill of our to our troops on the ground. Clearly, partisan bill. It does not shrink from military and the focus on trying to de- the C–5 has demonstrated its effective- making the hard decisions regarding liver the best service as reasonably ness, and therefore further moderniza- the funding of the current and the fu- priced as possible. tion of a C–5 fleet is imperative. ture force. This is never an easy task, Mr. Speaker, I yield 3 minutes to my The funds for C–5 AMP moderniza- and it is even harder during a time of good friend, the gentleman from Geor- tion will be used to make critical up- war. gia (Mr. GINGREY). grades of the cockpits with modern avi- Mr. GINGREY. Mr. Speaker, I rise in onics and flight instrumentation that Mr. Speaker, now is the time for strong support of the rule for fiscal meet both Air Force and congressional Members to vote on the rule and the year 2007 Department of Defense Ap- mandated standards. underlying legislation. propriations Act and the underlying Additionally, Mr. Speaker, the funds legislation. I would like to commend allocated for the C–5 RERP program b 1345 Chairmen LEWIS and YOUNG, as well as modernization will be used to replace I readily admit that no bill, including the ranking member and the staff of old engines and systems with newer this legislation, is perfect. That is the the Defense Committee and sub- ones. These replacements represent sig- reason why we reauthorize and appro- committee for their tireless effort in nificant improvements to the aircraft, priate for the Department of Defense support of our soldiers, our sailors, air- making them even more reliable and on an annual basis. Moreover, we deal men, and marines who are bravely de- easier to maintain. with ongoing contingencies through fending us at home and abroad. Again, Mr. Speaker, this bill does a emergency supplemental appropria- Mr. Speaker, this bill most impor- remarkable job in addressing a wide tions when and as required. This legis- tantly meets the immediate needs of scope of issues that are vitally impor- lation takes critical steps toward ful- our warfighters who are fighting and tant to our armed services. I would like filling the current and future needs. It winning the global war on terror. It is to again thank the chairmen and rank- is a building block toward creating a a good bill that provides funding for ing members of the respective com- stronger military tomorrow and an es- many important programs which are mittee and subcommittee for their sential element in funding our troops our military’s top priorities. hard work on this bill. I urge support of in the field today. Not the least of these, Mr. Speaker, the rule and the underlying legislation. is F–22 Raptor. I am particularly de- Ms. MATSUI. Mr. Speaker, I have no Therefore, I once again urge my col- lighted for the work the Appropria- additional speakers. I would like to in- leagues to support the rule and under- tions Committee has done to fund the quire of the gentleman whether he has lying bill. F–22 program this year. The full fund- any additional speakers. Mr. Speaker, I yield back the balance ing of 20 planes will go a long way to- Mr. COLE of Oklahoma. I too have no of my time, and I move the previous ward providing stability for the pro- additional speakers. I am prepared to question on the resolution. gram and ensuring that America main- close. The previous question was ordered. tains air dominance for the foreseeable Ms. MATSUI. I am prepared to close. future. Thank you. The SPEAKER pro tempore. The In light of emerging military threats The SPEAKER pro tempore. The gen- question is on the resolution. globally, the F–22 will continue to in- tlewoman from California is recognized The question was taken; and the crease in significance, as it is the to close for her side. Speaker pro tempore announced that world’s most capable fighter. I there- Ms. MATSUI. Mr. Speaker, I yield the ayes appeared to have it. fore wholeheartedly agree with the De- myself such time as I may consume. Mr. COLE of Oklahoma. Mr. Speaker, partment of Defense that the F–22 Mr. Speaker, the fiscal year 2007 de- on that I demand the yeas and nays. should be fully funded on a multi-year fense appropriations bill is critical to The yeas and nays were ordered. contract basis, and that the procure- our warfighters, to our national secu- ment life of the program should be ex- rity, and to our long-term strategic in- The SPEAKER pro tempore. Pursu- tended beyond fiscal year 2009. terests. It reaffirms the unwavering ant to clause 8 of rule XX, this 15- Further, Mr. Speaker, during this commitment all Members have for minute vote on adoption of House Res- time of conflict as we fight the global Armed Forces now more than ever. olution 877 will be followed by 5-minute war on terror, the United States must, Once again, I thank Chairman YOUNG votes on suspending the rules and without question, continue to mod- and Ranking Member MURTHA for their agreeing to H. Res. 731 and suspending ernize and strengthen our ability to hard work in crafting an excellent bill the rules and passing H.R. 5228. support our men and women in harm’s that will allow our Nation to achieve The vote was taken by electronic de- way. Maintaining our Nation’s airlift these goals. vice, and there were—yeas 400, nays 18, capabilities is critical to this mission, I yield back the balance of my time. not voting 14, as follows:

VerDate Aug 31 2005 04:28 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.048 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4244 CONGRESSIONAL RECORD — HOUSE June 20, 2006 [Roll No. 292] Paul Ryun (KS) Tauscher question of suspending the rules and Payne Sabo Taylor (NC) agreeing to the resolution, H. Res. 731, YEAS—400 Pearce Salazar Terry Pelosi Sa´ nchez, Linda as amended. Abercrombie DeLauro Jones (NC) Thomas Pence T. Ackerman Dent Jones (OH) Thompson (CA) The Clerk read the title of the resolu- Peterson (MN) Sanchez, Loretta Aderholt Diaz-Balart, L. Kanjorski Thompson (MS) tion. Peterson (PA) Sanders Akin Diaz-Balart, M. Kaptur Thornberry Petri Saxton The SPEAKER pro tempore. The Alexander Dicks Keller Tiahrt Pickering Schiff Tiberi question is on the motion offered by Allen Dingell Kelly Pitts Schmidt Tierney the gentlewoman from Virginia (Mrs. Andrews Doggett Kennedy (MN) Platts Schwartz (PA) Baca Doolittle Kennedy (RI) Poe Schwarz (MI) Udall (CO) DRAKE) that the House suspend the Bachus Doyle Kildee Pombo Scott (GA) Upton rules and agree to the resolution, H. Baird Drake Kilpatrick (MI) Pomeroy Scott (VA) Van Hollen Res. 731, as amended, on which the yeas Baker Dreier Kind Porter Sensenbrenner Vela´ zquez Baldwin Duncan King (IA) Price (GA) Serrano Visclosky and nays are ordered. Barrett (SC) Edwards King (NY) Price (NC) Sessions Walden (OR) This will be a 5-minute vote. Barrow Ehlers Kingston Pryce (OH) Shadegg Walsh The vote was taken by electronic de- Bartlett (MD) Emanuel Kirk Putnam Shaw Wamp Barton (TX) Emerson Kline Radanovich Shays Wasserman vice, and there were—yeas 418, nays 0, Bass Engel Knollenberg Rahall Sherman Schultz answered ‘‘present’’ 2, not voting 12, as Bean English (PA) Kolbe Ramstad Sherwood Waters Beauprez Eshoo Kuhl (NY) follows: Regula Shimkus Watt Berkley Etheridge LaHood Rehberg Simmons Waxman [Roll No. 293] Berman Everett Langevin Reichert Simpson Weiner YEAS—418 Berry Farr Lantos Renzi Skelton Biggert Fattah Larsen (WA) Weldon (FL) Abercrombie Coble Graves Reyes Slaughter Weldon (PA) Bilbray Feeney Larson (CT) Reynolds Ackerman Cole (OK) Green (WI) Smith (NJ) Weller Bilirakis Ferguson Latham Rogers (AL) Smith (TX) Aderholt Conaway Green, Al Westmoreland Bishop (GA) Filner LaTourette Rogers (KY) Smith (WA) Akin Conyers Green, Gene Wexler Bishop (NY) Fitzpatrick (PA) Leach Rogers (MI) Snyder Alexander Cooper Grijalva Bishop (UT) Flake Levin Rohrabacher Solis Whitfield Allen Costa Gutierrez Blackburn Foley Lewis (CA) Ros-Lehtinen Souder Wicker Andrews Costello Gutknecht Blumenauer Forbes Lewis (KY) Ross Spratt Wilson (NM) Baca Cramer Hall Blunt Fortenberry Linder Rothman Stearns Wilson (SC) Bachus Crenshaw Harman Boehlert Fossella Lipinski Roybal-Allard Stupak Wolf Baird Crowley Harris Boehner Foxx LoBiondo Royce Sullivan Wu Baker Cubin Hart Bonilla Frank (MA) Lofgren, Zoe Rush Sweeney Wynn Baldwin Cuellar Hastings (FL) Bonner Franks (AZ) Lowey Ryan (OH) Tancredo Young (AK) Barrett (SC) Culberson Hastings (WA) Bono Frelinghuysen Lucas Ryan (WI) Tanner Young (FL) Barrow Cummings Hayes Boozman Gallegly Lungren, Daniel Bartlett (MD) Davis (AL) Hayworth Boren Garrett (NJ) E. NAYS—18 Barton (TX) Davis (CA) Hefley Boswell Gerlach Lynch Becerra McDermott Stark Bass Davis (IL) Hensarling Boucher Gibbons Mack Conyers McKinney Taylor (MS) Bean Davis (KY) Herger Boustany Gilchrest Maloney Costello Meehan Towns Beauprez Davis (TN) Herseth Boyd Gillmor Manzullo Kucinich Owens Udall (NM) Becerra Davis, Jo Ann Higgins Bradley (NH) Gingrey Marchant Lee Rangel Watson Berkley Davis, Tom Hinchey Brady (PA) Gohmert Markey Lewis (GA) Schakowsky Woolsey Berman Deal (GA) Hinojosa Brown (OH) Gonzalez Marshall Berry DeFazio Hobson Brown (SC) Goode Matheson NOT VOTING—14 Biggert DeGette Hoekstra Brown, Corrine Goodlatte Matsui Bilbray Delahunt Holden Brady (TX) Hunter Shuster Brown-Waite, Gordon McCarthy Bilirakis DeLauro Holt Cannon Nadler Ginny Granger McCaul (TX) Sodrel Bishop (GA) Dent Honda Davis (FL) Napolitano Burgess Graves McCollum (MN) Strickland Bishop (NY) Diaz-Balart, L. Hooley Evans Nussle Burton (IN) Green (WI) McCotter Turner Bishop (UT) Diaz-Balart, M. Hostettler Ford Ruppersberger Butterfield Green, Al McCrery Blackburn Dicks Hoyer Buyer Green, Gene McGovern b 1412 Blumenauer Dingell Hulshof Calvert Grijalva McHenry Blunt Doggett Hyde Camp (MI) Gutierrez McHugh Mr. MCDERMOTT and Mr. TOWNS Boehlert Doolittle Inglis (SC) Campbell (CA) Gutknecht McIntyre changed their vote from ‘‘yea’’ to Boehner Doyle Inslee Cantor Hall McKeon Bonilla Drake Israel Capito Harman McMorris ‘‘nay.’’ Bonner Dreier Issa Capps Harris McNulty Mr. BERRY, Ms. EDDIE BERNICE Bono Duncan Istook Capuano Hart Meek (FL) JOHNSON of Texas, Mr. ROSS, Ms. Boozman Edwards Jackson (IL) Cardin Hastings (FL) Meeks (NY) ROYBAL-ALLARD, Messrs. CLYBURN, Boren Ehlers Jackson-Lee Cardoza Hastings (WA) Melancon Boswell Emanuel (TX) Carnahan Hayes Mica JEFFERSON, PAYNE, and CLEAVER Boucher Emerson Jefferson Carson Hayworth Michaud changed their vote from ‘‘nay’’ to Boustany Engel Jenkins Carter Hefley Millender- ‘‘yea.’’ Boyd English (PA) Jindal Case Hensarling McDonald Bradley (NH) Eshoo Johnson (CT) Castle Herger Miller (FL) So the resolution was agreed to. Brady (PA) Etheridge Johnson (IL) Chabot Herseth Miller (MI) The result of the vote was announced Brown (OH) Everett Johnson, E. B. Chandler Higgins Miller (NC) as above recorded. Brown (SC) Farr Johnson, Sam Chocola Hinchey Miller, Gary A motion to reconsider was laid on Brown, Corrine Fattah Jones (NC) Clay Hinojosa Miller, George Brown-Waite, Feeney Jones (OH) Cleaver Hobson Mollohan the table. Ginny Ferguson Kanjorski Clyburn Hoekstra Moore (KS) Stated for: Burgess Filner Kaptur Coble Holden Moore (WI) Mr. RUPPERSBERGER. Mr. Speaker, on Burton (IN) Fitzpatrick (PA) Keller Cole (OK) Holt Moran (KS) Butterfield Flake Kelly Conaway Honda Moran (VA) rollcall No. 292, I missed this vote due to at- Buyer Foley Kennedy (MN) Cooper Hooley Murphy tending Maryland State Delegate John Calvert Forbes Kennedy (RI) Costa Hostettler Murtha Arnick’s Funeral. Had I been present, I would Camp (MI) Fortenberry Kildee Cramer Hoyer Musgrave have voted ‘‘yea.’’ Campbell (CA) Fossella Kilpatrick (MI) Crenshaw Hulshof Myrick Cantor Foxx Kind Crowley Hyde Neal (MA) Mrs. NAPOLITANO. Mr. Speaker, on Tues- Capito Frank (MA) King (IA) Cubin Inglis (SC) Neugebauer day, June 20, 2006, I was absent due to a Capps Franks (AZ) King (NY) Cuellar Inslee Ney family obligation. Had I been present, I would Capuano Frelinghuysen Kingston Culberson Israel Northup Cardin Gallegly Kirk Cummings Issa Norwood have voted ‘‘yea’’ on rollcall No. 292, agreeing Cardoza Garrett (NJ) Kline Davis (AL) Istook Nunes to H. Res. 877—Providing for the consider- Carnahan Gerlach Knollenberg Davis (CA) Jackson (IL) Oberstar ation of H.R. 5631, Department of Defense Carson Gibbons Kolbe Davis (IL) Jackson-Lee Obey Appropriations Act, 2007. Carter Gilchrest Kucinich Davis (KY) (TX) Olver Case Gillmor Kuhl (NY) Davis (TN) Jefferson Ortiz f Castle Gingrey LaHood Davis, Jo Ann Jenkins Osborne Chabot Gohmert Langevin Davis, Tom Jindal Otter COMMENDING THE PATRIOT Chandler Gonzalez Lantos Deal (GA) Johnson (CT) Oxley GUARD RIDERS Chocola Goode Larsen (WA) DeFazio Johnson (IL) Pallone Clay Goodlatte Larson (CT) DeGette Johnson, E. B. Pascrell The SPEAKER pro tempore (Mr. Cleaver Gordon Latham Delahunt Johnson, Sam Pastor FEENEY). The pending business is the Clyburn Granger LaTourette

VerDate Aug 31 2005 01:44 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.011 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4245 Leach Osborne Shaw ing military families from protesters and pre- Gohmert Marchant Rogers (MI) Lee Otter Shays Goode Marshall Rohrabacher Levin Owens Sherman serving the memory of fallen service members Goodlatte Matheson Ros-Lehtinen Lewis (CA) Oxley Sherwood at funerals. Gordon McCaul (TX) Ross Lewis (GA) Pallone Granger McCotter Royce Shimkus f Lewis (KY) Pascrell Simmons Graves McCrery Ryan (WI) Linder Pastor Simpson PERSONAL EXPLANATION Green (WI) McHenry Ryun (KS) Lipinski Paul Skelton Gutknecht McHugh Salazar LoBiondo Payne Slaughter Mr. TURNER. Mr. Speaker, on rollcall Nos. Hall McIntyre Saxton Lofgren, Zoe Pearce Smith (NJ) Harris McKeon Schmidt Lowey Pelosi 292 and 293 I was unavoidably detained. Had Smith (TX) Hart McMorris Schwarz (MI) Lucas Pence Smith (WA) I been present, I would have voted ‘‘yea.’’ Hastings (FL) McNulty Sensenbrenner Lungren, Daniel Peterson (MN) Hastings (WA) Meek (FL) Sessions Snyder E. Peterson (PA) f Hayes Melancon Shadegg Sodrel Lynch Petri Hayworth Mica Shaw Solis Mack Pickering ANNOUNCEMENT BY THE SPEAKER Hensarling Michaud Shays Souder Maloney Pitts PRO TEMPORE Herger Miller (FL) Sherwood Spratt Manzullo Platts Herseth Miller (MI) Shimkus Marchant Poe Stearns The SPEAKER pro tempore. The Higgins Miller (NC) Simmons Markey Pombo Stupak Chair must remind Members of a rule Hooley Miller, Gary Simpson Marshall Pomeroy Sullivan of decorum. Hostettler Moore (KS) Skelton Matheson Porter Sweeney Hulshof Moran (KS) Slaughter Matsui Price (GA) Tancredo The appropriate dress for Members in Hyde Murphy Smith (NJ) McCarthy Price (NC) Tanner the Chamber while the House is in ses- Inglis (SC) Musgrave Smith (TX) McCaul (TX) Pryce (OH) Tauscher sion is business attire, and this stand- Issa Myrick Sodrel McCollum (MN) Putnam Taylor (MS) ard applies even when a Member enters Istook Neugebauer Souder McCotter Radanovich Taylor (NC) Jackson-Lee Ney Spratt McCrery Rahall Terry the Chamber only to vote by electronic (TX) Northup Stearns McGovern Ramstad Thomas device. Jenkins Norwood Strickland McHenry Rangel Thompson (CA) Without objection, 5-minute voting Jindal Nunes Sullivan McHugh Regula Thompson (MS) Johnson (IL) Obey Sweeney McIntyre Rehberg Thornberry will continue. Johnson, Sam Osborne Tancredo McKeon Reichert Tiahrt There was no objection. Jones (NC) Otter Tanner McKinney Renzi Tiberi Keller Oxley Taylor (MS) McMorris Reyes Tierney f Kelly Pearce Taylor (NC) McNulty Reynolds Towns Kennedy (MN) Pence Terry Meehan Rogers (AL) Udall (CO) REQUIRING REPRESENTATIVES OF Kennedy (RI) Peterson (PA) Thomas Meek (FL) Rogers (KY) Udall (NM) GOVERNMENTS DESIGNATED AS Kildee Petri Thornberry Meeks (NY) Rogers (MI) Upton STATE SPONSORS OF TER- Kind Pickering Turner Melancon Rohrabacher Van Hollen RORISM TO DISCLOSE TO ATTOR- King (IA) Pitts Upton Mica Ros-Lehtinen Vela´ zquez King (NY) Platts Walden (OR) Michaud Ross Visclosky NEY GENERAL LOBBYING CON- Kingston Pombo Walsh Millender- Rothman Walden (OR) TACTS WITH LEGISLATIVE Kirk Pomeroy Wamp McDonald Roybal-Allard Walsh BRANCH OFFICIALS Kline Porter Wasserman Miller (FL) Royce Wamp Knollenberg Price (GA) Schultz Miller (MI) Ruppersberger Wasserman The SPEAKER pro tempore. The Kuhl (NY) Price (NC) Weldon (FL) Miller (NC) Rush Schultz pending business is the question of sus- Langevin Pryce (OH) Weldon (PA) Miller, Gary Ryan (OH) Waters Latham Putnam Weller Miller, George Ryan (WI) pending the rules and passing the bill, Lewis (CA) Watson Radanovich Westmoreland Mollohan Ryun (KS) H.R. 5228. Lewis (KY) Rahall Wexler Watt Moore (KS) Sabo Linder Ramstad Whitfield Waxman The Clerk read the title of the bill. Moore (WI) Salazar LoBiondo Regula Wicker Weiner The SPEAKER pro tempore. The Moran (KS) Sa´ nchez, Linda Lucas Rehberg Wilson (NM) Weldon (FL) Moran (VA) T. question is on the motion offered by Lungren, Daniel Reichert Wilson (SC) Weldon (PA) Murphy Sanchez, Loretta the gentleman from Wisconsin (Mr. E. Renzi Wolf Weller Murtha Sanders SENSENBRENNER) that the House sus- Lynch Reynolds Wu Musgrave Saxton Westmoreland Mack Rogers (AL) Young (AK) Myrick Schakowsky Wexler pend the rules and pass the bill, H.R. Manzullo Rogers (KY) Young (FL) Neal (MA) Schiff Whitfield 5228, on which the yeas and nays are or- Neugebauer Schmidt Wicker dered. NAYS—159 Ney Schwartz (PA) Wilson (NM) Northup Schwarz (MI) Wilson (SC) This will be a 5-minute vote. Abercrombie Eshoo Larsen (WA) Norwood Scott (GA) Wolf The vote was taken by electronic de- Ackerman Everett Larson (CT) Nunes Scott (VA) Woolsey vice, and there were—yeas 263, nays Andrews Farr LaTourette Baca Fattah Leach Oberstar Sensenbrenner Wu 159, not voting 10, as follows: Obey Serrano Wynn Baird Filner Lee Olver Sessions Young (AK) [Roll No. 294] Baldwin Flake Levin Ortiz Shadegg Young (FL) Bartlett (MD) Frank (MA) Lewis (GA) YEAS—263 Becerra Garrett (NJ) Lipinski ANSWERED ‘‘PRESENT’’—2 Aderholt Bradley (NH) Davis, Jo Ann Berman Gilchrest Lofgren, Zoe McDermott Stark Akin Brown (OH) Davis, Tom Berry Gillmor Lowey Alexander Brown (SC) Deal (GA) Bishop (NY) Gonzalez Maloney NOT VOTING—12 Allen Brown-Waite, DeFazio Blumenauer Green, Al Markey Bachus Ginny Dent Brady (PA) Green, Gene Matsui Brady (TX) Ford Nussle Baker Burgess Diaz-Balart, L. Brown, Corrine Grijalva McCarthy Cannon Hunter Shuster Barrett (SC) Burton (IN) Diaz-Balart, M. Butterfield Gutierrez McCollum (MN) Davis (FL) Nadler Strickland Barrow Buyer Doolittle Capps Harman McDermott Evans Napolitano Turner Barton (TX) Calvert Drake Capuano Hefley McGovern b 1422 Bass Camp (MI) Dreier Cardin Hinchey McKinney Bean Campbell (CA) Duncan Cardoza Hinojosa Meehan So (two-thirds of those voting having Beauprez Cantor Edwards Carson Hobson Meeks (NY) responded in the affirmative) the rules Berkley Capito Emanuel Clay Hoekstra Millender- were suspended and the resolution, as Biggert Carnahan Emerson Cleaver Holden McDonald Bilbray Carter Engel Clyburn Holt Miller, George amended, was agreed to. Bilirakis Case English (PA) Conyers Honda Mollohan The result of the vote was announced Bishop (GA) Castle Etheridge Costa Hoyer Moore (WI) as above recorded. Bishop (UT) Chabot Feeney Costello Inslee Moran (VA) Blackburn Chandler Ferguson Crowley Israel Murtha A motion to reconsider was laid on Blunt Chocola Fitzpatrick (PA) Cubin Jackson (IL) Neal (MA) the table. Boehlert Coble Foley Cummings Jefferson Oberstar Stated for: Boehner Cole (OK) Forbes Davis (IL) Johnson (CT) Olver Mrs. NAPOLITANO. Mr. Speaker, on Tues- Bonilla Conaway Fortenberry Davis (TN) Johnson, E. B. Ortiz Bonner Cooper Fossella DeGette Jones (OH) Owens day, June 20, 2006, I was absent due to a Bono Cramer Foxx Delahunt Kanjorski Pallone family obligation. Boozman Crenshaw Franks (AZ) DeLauro Kaptur Pascrell Had I been present, I would have voted Boren Cuellar Frelinghuysen Dicks Kilpatrick (MI) Pastor ‘‘yea’’ on rollcall No. 293, suspending the rules Boswell Culberson Gallegly Dingell Kolbe Paul Boucher Davis (AL) Gerlach Doggett Kucinich Payne and agreeing to H. Res. 731—Commending Boustany Davis (CA) Gibbons Doyle LaHood Pelosi the Patriot Guard Riders for shielding mourn- Boyd Davis (KY) Gingrey Ehlers Lantos Peterson (MN)

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.016 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4246 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Poe Schwartz (PA) Tierney eration of the bill H.R. 5631, pursuant b 1434 Rangel Scott (GA) Towns to House Resolution 877, the Chair may Reyes Scott (VA) Udall (CO) IN THE COMMITTEE OF THE WHOLE Rothman Serrano Udall (NM) reduce to 2 minutes the minimum time Roybal-Allard Sherman Van Hollen for electronic voting under clause 6 of Accordingly, the House resolved Ruppersberger Smith (WA) Vela´ zquez rule XVIII and clause 9 of rule XX. itself into the Committee of the Whole Rush Snyder Visclosky The SPEAKER pro tempore. Is there House on the State of the Union for the Ryan (OH) Solis Waters Sabo Stark consideration of the bill (H.R. 5631) Watson objection to the request of the gen- Sa´ nchez, Linda Stupak Watt tleman from Ohio? making appropriations for the Depart- T. Tauscher Waxman ment of Defense for the fiscal year end- Sanchez, Loretta Thompson (CA) There was no objection. Sanders Thompson (MS) Weiner ing September 30, 2007, and for other Schakowsky Tiahrt Woolsey f purposes, with Mr. GILLMOR (Acting Schiff Tiberi Wynn Chairman) in the chair. NOT VOTING—10 GENERAL LEAVE The Clerk read the title of the bill. Brady (TX) Ford Nussle The Acting CHAIRMAN. Pursuant to Cannon Hunter Shuster Mr. YOUNG of Florida. Mr. Speaker, Davis (FL) Nadler I ask unanimous consent that all Mem- the rule, the bill is considered read the Evans Napolitano bers may have 5 legislative days in first time. b 1432 which to revise and extend their re- The gentleman from Florida (Mr. So (two-thirds of those voting having marks and include extraneous material YOUNG) and the gentleman from Penn- not responded in the affirmative) the on H.R. 5631, and that I may include sylvania (Mr. MURTHA) each will con- motion was rejected. tabular material on the same. trol 30 minutes. The result of the vote was announced The SPEAKER pro tempore. Is there The Chair recognizes the gentleman as above recorded. objection to the request of the gen- from Florida. Stated against: tleman from Florida? Mr. YOUNG of Florida. Mr. Chair- Mrs. NAPOLITANO. Mr. Speaker, on Tues- There was no objection. man, I yield myself such time as I may day, June 20, 2006, I was absent due to a consume. family obligation. f Had I been present, I would have voted Mr. Chairman, today I am proud to ‘‘nay’’ on rollcall No. 294, suspending the rules present the fiscal year 2007 defense ap- DEPARTMENT OF DEFENSE propriations bill. I would say to the and agreeing to H.R. 5228—To require rep- APPROPRIATIONS ACT, 2007 resentatives of governments designated as Members that it is a bill that is $4 bil- State Sponsors of Terrorism to disclose to the The SPEAKER pro tempore. Pursu- lion less than was requested by the ad- Attorney General lobbying contacts with legis- ant to House Resolution 877 and rule ministration because of our 302(b) allo- lative branch officials, and for other purposes. XVIII, the Chair declares the House in cation. The subcommittee worked ex- the Committee of the Whole House on tremely hard with great diligence to f the State of the Union for the consider- make up the difference in some cre- PERMISSION TO REDUCE TIME ation of the bill, H.R. 5631. ative ways. It is a good bill that has FOR ELECTRONIC VOTING DUR- The Chair designates the gentleman been discussed many, many times on ING CONSIDERATION OF H.R. 5631, from Michigan (Mr. CAMP) as chairman the floor already as we considered the DEPARTMENT OF DEFENSE AP- of the Committee of the Whole, and re- rule. We will possibly get into some PROPRIATIONS ACT, 2007 quests the gentleman from Ohio (Mr. more detail during the amending proc- Mr. BOEHNER. Mr. Speaker, I ask GILLMOR) to assume the chair tempo- ess. But at this point I am prepared to unanimous consent that during consid- rarily. reserve my time.

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VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.060 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE Insert offset folio 307/5 here EH20JN06.005 H4252 CONGRESSIONAL RECORD — HOUSE June 20, 2006 I do have two requests for time brief- Mr. YOUNG of Florida. Mr. Chair- consideration in the Senate, I would like to ly, but I will reserve my time right man, I yield for the purpose of unani- place into the RECORD a listing of Congres- now. mous consent to the gentleman from sionally directed projects in my home state of Mr. MURTHA. Mr. Chairman, I am Florida (Mr. MILLER). Idaho that are contained within the report to prepared to yield back the balance of (Mr. MILLER of Florida asked and this bill. These are projects that I asked the my time so we can get right to the was given permission to revise and ex- Defense Subcommittee to consider this year amendment process so they can strike tend his remarks.) and I am grateful for their inclusion in this bill. the last word. I am prepared to yield Mr. MILLER of Florida. Mr. Chair- I’d like to take just a few minutes to de- back the balance of my time. man, I rise in support of fiscal year 2007 scribe why I supported these projects and why Mr. YOUNG of Florida. Mr. Chair- Defense Appropriations Bill. they are valuable to the nation and its tax- man, I would say to the gentleman, I I congratulate Chairman YOUNG and the en- payers. do have one request for a time for 2 tire Defense Subcommittee on their hard work The report contains $2.7 million for a tech- minutes and I will yield. in support of our fighting men and women. I nology entitled Vacuum Sampling Pathogen Mr. MURTHA. Mr. Chairman, I yield would also like to thank the Chairman for con- Collection and Concentration. Developed by back the balance of my time. tinuing the close relationship between the de- Microbial-Vac Systems, Jerome, Idaho, the Mr. YOUNG of Florida. Mr. Chair- fense appropriators and authorizers. advanced ‘‘Vacuum Pathogen’’ collection and man, I yield myself such time as I may This is a fiscally responsible bill that falls concentration systems are critical to continued consume. And before I yield to Mr. within its limits as set forth by the Budget Act advancement of DOD’s applications for man- TIAHRT, I wanted to say that the sub- and is $4 billion, or 1 percent less than the ual and robotic sample acquisition and committee has worked extremely well President’s request for defense funding. We traceability of bio-threat agents in food safety together in creating a nonpartisan bill, are in the fifth year of the War on Terror and and environmental settings. Commercialization strictly no politics in this bill. And I as is the case during times of conflict, Mem- of the technology was significantly advanced wanted to call attention specifically to bers of Congress work to balance funding for with an appropriation in last year’s Defense bill Representative MARTIN SABO who has the troops and their immediate needs while but there remains a need to further develop been a longtime member of this sub- ensuring the long term outlook of the military and manufacture both systems to meet the committee, who was one of the most and our national security strategy needs are general national defense and homeland secu- thoughtful members of the sub- not forgotten. This bill achieves that balance. rity requirements for safe, rapid field-accessi- committee and is really valuable to the It is unfortunate that many on the other side bility of sterile disposable units and improved work that we do. of the aisle, in both the House and Senate, field decontamination protocol. With the fund- Mr. SABO, as we all know, is leaving wish to use this bill to politicize the Iraq war ing in this report, manufacturing capabilities the Congress at the end of this term; and undermine the efforts of our troops. The will be expanded to provide military and civil- and he will be missed seriously, espe- Commander-in-Chief has the right and the re- ian markets with sufficient numbers of sterilely cially by the members of this sub- sponsibility to defend our Nation and I oppose packaged pathogen collection and concentra- committee. I wanted to call attention any attempts to tie his hands through unnec- tion systems to meet the anticipated emer- to the fact that Mr. SABO has made a essary legislation. gency immediate and long-term demand dur- great contribution to the work of this Mr. YOUNG of Florida. Mr. Chair- ing hostile attacks and post-attack remedi- subcommittee. man, I yield 2 minutes to the gen- ation/decontamination monitoring and I yield 2 minutes to a member of the tleman from Ohio (Mr. HOBSON), a verification procedures. Sample location and subcommittee, the gentleman from member of the Defense Appropriations traceability will be enhanced with the addition Kansas (Mr. TIAHRT). Subcommittee. of GPS or RFID tracking capabilities imbedded Mr. TIAHRT. Mr. Chairman, I wanted Mr. HOBSON. Mr. Chairman, I rise within the technology and activated during to rise today for two reasons, one is to today in full support of our fiscal year sample acquisition. commend Chairman LEWIS and the Ap- 2007 Defense Appropriations Bill. This This project was requested by Microbial-Vac propriations Committee for completing bill and a bridge wartime supplemental Systems in Jerome, Idaho. their work on the appropriations proc- funding it carries provide essential sup- The report contains $2 million for the Cyber ess today, June 20. This is quite an port for the forces engaged in the glob- Threat Validation Center at the Idaho National achievement. It has taken a lot of hard al war on terrorism. Laboratory (INL). The INL has demonstrated work by the committee. Both the Re- At the strategic level I would like to exceptional capability and depth in the Cyber publican and Democrat members have focus on the Army’s long-term readi- Security and Critical Infrastructure Protection worked very hard, applied themselves, ness level, not only for the current research, development and delivery arenas. had strenuous debates, and now we fight, but also for the global threats we The Cyber Threat Validation Center (CTVC) have completed our action, and we are face as a Nation. The global war on ter- for the Department of Defense (DoD) and In- looking forward to the action on the rorism is a fight for our cherished way telligence Community (IC) would leverage and House floor for all of these bills, in- of life. It is not a question of can we as expand the existing analytic, research, and cluding today’s defense bill. a Nation support more; it is an essen- end-to-end system testing capabilities to de- The second reason I rise is to thank tial that we cannot afford less. liver technical grounded analysis on emerging the chairman and the ranking member I would truly understand the com- cyber security attack techniques and their im- for their consideration for the young peting and compelling demands facing pact on critical real world systems. The anal- men and women that serve this great this body and the Nation. As we move ysis will focus on the investigating emerging country. One of the significant addi- this bill forward through the legisla- attack techniques with the objective of under- tions to this bill is an additional $500 tive process, we must ensure that the standing how they might be applied against million for the National Guard. ground forces have everything they re- Defense Critical Infrastructure to include vital National Guard soldiers, as you quire in a timely fashion. Public Works Defense Sector systems. know, give up their jobs, their time Mr. YOUNG of Florida. Mr. Chair- I chose to request this project after learning with their family, make sacrifices to man, again I want to thank the mem- about the capabilities of the INL in protecting make sure this country is safe. Their bers of the subcommittee who worked our Nation against cyber based attacks on crit- equipment has been used and used so diligently. I want to thank specifi- ical infrastructure systems. The Department of hard, needs to be replaced. And thanks cally Mr. MURTHA, who worked with us Energy and Department of Homeland Security to these two gentlemen, we have $500 every day, every hour of every day as have significant investments in the ongoing million to do just that. we put this bill together. Most Mem- work at the INL. This DOD project will build on I think this is a very good bill. It bers of the House had some participa- those capabilities and benefit from them. does take consideration for young men tion in the creation of this bill. In fact, The report contains $2 million for the Idaho and women who make sacrifices to there were 412 Members who had some- Accelerator Center (IAC) at Idaho State Uni- serve this country and carry out the thing to do with the creation of this versity’s (ISU) Small Accelerators and Detec- will of this Nation, and I hope that we legislation. It is a good bill and I hope tion Systems for Defense Applications pro- can pass this quickly and get through we can move it quickly. gram. Ongoing work at IAC suggests that the amendment process quickly as Mr. SIMPSON. Mr. Chairman, in accordance transportable accelerators can now be devel- well. with earmark reform proposals currently under oped to actively identify suspected nuclear

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.061 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4253 materials/packages in the field, neutralize bio- Defense Appropriations bill. In H.R. 5631, tax- into one by rewriting it in a Microsoft Windows logical/chemical agents when discovered, de- payer money is appropriated as a so-called environment. contaminate areas where bio/chem agents ‘‘bridge fund’’ for the first six months of war This program—the Army Legacy Logistics may have been released, and detect explo- operations during fiscal year 2007. But our Systems Modernization (SAMS–E)—modern- sives and contraband in a variety of chal- troops should be brought home immediately. izes computer logistics systems that are crit- lenging circumstances. The IAC and the ISU The bill’s billions are, in reality, a bridge to ical to the operation of the Army making them academic community, in collaboration with sci- more death and destruction. The United more efficient. entists and engineers from the private sector States’ continued occupation encourages Iraqi This effort will link the STAMIS modules and national laboratories, has been involved in civil war and feeds the insurgency, providing through the web, allowing for a sharing of in- developing technology for the remote detec- terrorists with refuge and recruits. formation and a flexible supply chain that can tion of hazardous materials and contraband for Once upon a time, Congress took its over- be redirected seamlessly on the battlefield. more than 15 years. Through these associa- sight role seriously. Not today. Despite a re- The result will be more efficient field logistics tions the IAC has devised non-intrusive means cent Pentagon report that found significant management that will save money and provide to identify the contents of containers of various cost overruns in 36 major weapons systems, soldiers with more dependable and reliable kinds that may contain Fissionable material, this bill increases defense spending by a management systems. I applaud the Subcommittee and Committee Radioactive material, Explosives, Hazardous whopping $19.1 billion. As a result, defense for putting forward this balanced bill and urge spending will now total more than half of the material (biological or chemical), and my colleagues to join me in supporting it. Contraband (FREHC) for homeland and na- entire federal discretionary budget! Mr. PAUL. Mr. Chairman, I rise in opposition tional security applications. Instead, we should provide quality education to this legislation. This bill is unfortunately very This project was requested by Idaho State and health care to all Americans. I urge my short on real defense spending and very gen- University in Pocatello, Idaho. colleagues to join me in voting no to additional erous with spending enormous amounts on The report contains $1 million for a program spending on ineffective missile systems and a expensive military equipment that is ultimately entitled Systematic Hierarchical Approach to counterproductive war. of very little use to defend our country. This Radiation Hardened Electronics (SHARE). As Mr. GENE GREEN of Texas. Mr. Chairman, bill will not do much to help our military troops. many of us know, consistent, reliable perform- thank you for recognizing me for some com- In fact, it gives the troops a pay raise lower ance of integrated circuits (IC) used in space ments on H.R. 5631 and I urge my colleagues than civilian federal employees. It short- communication, surveillance, and guidance to join me in supporting this balanced bill that changes them. systems continues to be a potentially debili- supports our troops and addresses critical The bill is very generous with spending on tating problem for the military services. The issues to our Nation’s safety and security. grossly over-budget acquisition of military problem has been aggravated by the rapid This bill provides $500 million in funding equipment of questionable value in our current and unsettling contraction of the industrial above the President’s request for the equip- times. Over the past 5 years, the Defense De- base needed to design and produce the spe- ment needs of the Army National Guard to partment has doubled spending on new weap- cialized electronics that must perform in appli- provide items needed for homeland defense ons systems from about $700 billion to nearly cations requiring high reliability in a chal- and disaster response. This funding is impor- $1.4 trillion. However a recent Pentagon report lenging radiation-charged environment. As one tant to our district in Houston because it is found significant cost overruns—50 percent of the principal users of radiation-hardened susceptible to flooding—as we are seeing right over original cost projections—in 36 major (RadHard) electronics, the U.S. Air Force is now—and the National Guard has played a weapons systems. These programs benefit pursuing technologies that will ensure a ready critical role in responding to past tropical well-connected defense contractors, but they and economical domestic capability for pro- storms and hurricanes in our district and along do not benefit the taxpayer and they do not ducing radiation hardened microelectronics the Gulf Coast. benefit the soldiers who risk their lives. using advanced commercial processes. Many Guard units are leaving equipment in The bill manages to spend hundreds of mil- SHARE has been identified by the Air Force Iraq when they finish their tour for future lions of dollars on foreign aid—$372 million to as a critical capability that will enable collabo- troops to use. This cuts down on transpor- Russia, for example—and the failed drug war, ration among circuit designers, simulation soft- tation costs, but it also leaves units here in the but it fails to address the real problems of a ware vendors, and foundries under the direc- U.S under-equipped to respond to a natural military force that has been seriously stretched tion of SEAMS Center AFRL at Kirtland AFB, disaster. The funding in this bill is necessary and challenged by an unprecedented level of NM. to ensure Guard units here at home have the sustained deployment overseas. I urge my col- This project was requested by American equipment to respond to these events. leagues to support a defense spending bill Semiconductor in Boise, Idaho. I also want to speak briefly on two important that really puts defense of the United States I appreciate the opportunity to provide a list projects included in this bill. first. of Congressionally-directed projects in my re- The first is the University of Houston Con- Mr. YOUNG of Florida. I yield back gion and an explanation of my support for sortium for Nanomaterials for Aerospace Com- the balance of my time. them. merce and Technology (CONTACT). For the The Acting CHAIRMAN. The com- Mr. STARK. Mr. Chairman, I rise in opposi- past four years, the University of Houston has mittee will rise informally. tion to yet another bloated Defense Appropria- been partnering with several University of The SPEAKER pro tempore (Mr. tions bill. H.R. 5631 provides billions more for Texas System institutions, Rice University, CHOCOLA) assumed the Chair. missile defense systems that are nothing but and the Air Force Research Laboratory f a pipe dream and a War in Iraq that has (AFRL) in the Strategic Partnership for Re- MESSAGES FROM THE PRESIDENT turned into an international nightmare. search in Nanotechnology (SPRING). Federal Messages in writing from the Presi- Republicans in Congress should wake up funding for SPRING will end in FY06, and dent of the United States were commu- and smell the coffee. Another $9 billion for de- CONTACT will carry on the work started under nicated to the House by Ms. Wanda velopment of ineffective and outdated weap- that partnership. Evans, one of his secretaries. ons systems may boost the bottom lines of CONTACT will have two main goals: to en- The SPEAKER pro tempore. The their well-connected sugar daddies in the de- sure our national air superiority through Committee will resume its sitting. fense industry. But throwing good money after nanomaterials research and development, and bad will do little to make Ronald Reagan’s to commercialize nanomaterials developed by f Cold War fantasy a reality. Despite nearly scientists from Texas universities. This funding DEPARTMENT OF DEFENSE $100 billion in research, these systems have will make use of existing infrastructure and en- APPROPRIATIONS ACT, 2007 yet to demonstrate even a basic ability to able research, development and technology The Committee resumed its sitting. intercept incoming missiles. Even if they could, transfer that address three critical capabilities The Acting CHAIRMAN. All time for they’d do little to make us secure from the of the Air Force: power on demand, general debate has expired. much more likely and contemporary threat of reconfigurable full-spectrum detectors, and Pursuant to the rule, the bill shall be a weapon delivered by suitcase or cargo con- interdisciplinary fundamental nanoscience and considered for amendment under the 5- tainer. engineering. minute rule. Republicans have irresponsibly funded the The second project will modernize the During consideration of the bill for majority of their misguided Iraqi adventure Standard Army Retail Supply Systems amendment, the Chair may accord pri- through supplementals. But they couldn’t resist (SARSS) and Standard Army Ammunition ority in recognition to a Member offer- also including tens of billions more in today’s System (SAAS) and combine the two systems ing an amendment that he has printed

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.043 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4254 CONGRESSIONAL RECORD — HOUSE June 20, 2006 in the designated place in the CONGRES- fornia I agree, we certainly should not enlisted individuals earn less than SIONAL RECORD. Those amendments overthrow a democratically elected $2,000 per month even if they have com- will be considered read. government. I appreciate the gentle- pleted ROTC courses or 2-year or 4-year The Clerk will read. woman’s long concern and attention to college programs. Mr. Chairman, I The Clerk read as follows: raising this issue. And I want to assure know we can do better. H.R. 5631 her that as this bill moves forward we I want to thank both Mr. MURTHA Be it enacted by the Senate and House of Rep- will be mindful to work with her and and Mr. YOUNG of Florida for being resentatives of the United States of America in her staff to do everything we can to steadfast warriors on the battlefield of Congress assembled, That the following sums help. benefits for our military and for in- are appropriated, out of any money in the Ms. LEE. Mr. Chairman, let me just creasing the benefits to their families Treasury not otherwise appropriated, for the say, thank you, again, to the gen- and to them. I would hope with the in- fiscal year ending September 30, 2007, for tleman for his attention to this issue military functions administered by the De- creases in experience and education partment of Defense and for other purposes, and to so many issues that are impor- and commission that we are seeing in namely: tant to our Nation. He is truly a coura- our young military that we will close TITLE I geous hero to many of our minds and the civilian gap so that our young mili- many of our views, and we look for- MILITARY PERSONNEL tary, our reservists, National Guard, ward to continuing to work with him MILITARY PERSONNEL, ARMY and others will not suffer this, if you and the entire House in standing up for For pay, allowances, individual clothing, will, incompatibility with their needs. democracy throughout the world. Finally, a May 2004 survey of reserv- subsistence, interest on deposits, gratuities, Mr. MURTHA. Mr. Chairman, I yield permanent change of station travel (includ- ists from the Department of Defense ing all expenses thereof for organizational to the gentlewoman from Texas for a found that 51 percent reported an earn- movements), and expenses of temporary duty colloquy. She has an amendment, but I ing loss, including 44 percent who re- travel between permanent duty stations, for hope we can discuss this. ported a drop of 10 percent or more, members of the Army on active duty, (except Ms. JACKSON-LEE of Texas. Mr. and 21 percent reported an income loss members of reserve components provided for Chairman, I rise for the purpose of en- of 20 percent or more. Although this elsewhere), cadets, and aviation cadets; for tering into a colloquy with the gen- members of the Reserve Officers’ Training may be due to differences in taxes and tleman from Florida (Mr. YOUNG) and other factors, we need to make sure Corps; and for payments pursuant to section Mr. MURTHA from Pennsylvania. that those in Active Duty are not pun- 156 of Public Law 97–377, as amended (42 As indicated, I have an amendment ished for serving. I hope, as we move U.S.C. 402 note), and to the Department of that I was prepared to offer that asks Defense Military Retirement Fund, through this process, the voices that $25,259,649,000. for the same increase, 2.7 percent, that the Federal employees were getting for will be heard will be Members like the Mr. MURTHA. Mr. Chairman, I move military personnel, which is now at 2.2 chairman and ranking member of this to strike the last word. I yield to the percent for the military. subcommittee, that we must do more gentlewoman from California (Ms. for our young men and women on the LEE). b 1445 frontlines, our reservists, and our Na- Ms. LEE. Mr. Chairman, let me One of the few issues on which all tional Guard. thank the gentleman for yielding and Members of Congress agree is that our I ask the gentlemen here today with for his leadership and for the very hard military personnel are cherished de- me do they share my concerns to in- work that he consistently does for the fenders of our Nation, that we value crease the salaries? And as well, I security of our Nation. them highly, that we are proud of would hope that they would work with I appreciate this opportunity to dis- them. Every day they stand between all of us to find a way to properly com- cuss an issue that is of great impor- the status quo and an ideal for a better pensate and reward our brave men and tance, and that is ensuring that our future and put their lives on the line to women in uniform wherever they Federal dollars are not used to support realize this goal. might be. groups or individuals engaged in efforts The current pay increase for military Mr. MURTHA. Mr. Chairman, I want to overthrow democratically elected personnel in this appropriations bill is to assure the gentlewoman from Texas governments. 2.2 percent. This is a total of $84.9 bil- that both the chairman and I have Mr. Chairman, in an ideal world, we lion for military personnel accounts, done everything we can to make sure would not need to have to explicitly which is $1.9 billion greater than in fis- that the pay is comparable with the ci- stipulate this, but events in Haiti in cal year 2006, but it is $1.2 billion less vilian sector. In the past it was usually 2004 and in Venezuela have led me to than necessary, I believe, to help us get opposite. believe that we need to codify this to 2.7 percent. And what we are concerned about in straightforward nonpartisan position. We just passed the Transportation- the amendment you were going to offer As we know, the administration has Treasury-HUD appropriation bill, was where it came from. So we are committed its second term to spread- which provided a 2.7 percent pay in- going to work something out. If there ing democracy around the world, and crease for civilian Federal workers, as is an increase in the civilian pay, you this should not be a partisan issue. It is well as targeted pay increases for a va- can be assured that the Defense De- at the core of our Nation’s values; and riety of enlisted personnel and officer partment will get the same increase. quite simply put, it is fundamental to grades. We need to make the strong Mr. YOUNG of Florida. Mr. Chair- who we are as a people and what we statement that we value our Armed man, I move to strike the last word. stand for as a Nation. Forces just as much as we do our civil- I yield to the gentlewoman from However, Mr. Chairman, we need to ian public servants. My amendment Texas for her question. be sure that this administration, or simply increases military personnel Ms. JACKSON-LEE of Texas. Mr. equally any future administration, pay by 2.7 percent over fiscal year 2006. Chairman, I thank the gentleman for that if they do not agree with certain Every day we are reminded of the yielding. democratically elected governments, sacrifice our children and our neigh- This is an amendment that I would that it does not use the Department of bors are making. Over 2,500 soldiers have offered, and I am delighted to not Defense funds to overthrow those have died in Iraq, and over 19,000 have have to be able to offer it. And I thank democratically elected governments. been injured. Several years ago mili- the gentleman from Pennsylvania and Such actions fly in the face of our own tary personnel were paid 13 percent less thank the gentleman from Florida. fundamental democratic principles. So than comparable civilian pay. This gap, And in noting all of their work, we I would just like to ask the gentleman however, has narrowed within the past have worked together, and I am very from Pennsylvania (Mr. MURTHA) if he few years to 6.5 percent in fiscal year appreciative and hopeful that we will could comment on this and what his 2005. And it is my goal to ensure that be able to work together on this in- views are with regard to the ideas that we will continue to narrow even more crease in salaries and compensation for we are presenting today. in the coming years. our brave men and women. Mr. MURTHA. Mr. Chairman, I want According to the fiscal year 2006 pay Mr. LEWIS of California. Mr. Chair- to assure the gentlewoman from Cali- charts, after 4 months of service, newly man, will the gentleman yield?

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.070 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4255 Mr. YOUNG of Florida. I yield to the on active duty under section 12301(d) of title title 10, United States Code, or while under- gentleman from California. 10, United States Code, in connection with going training, or while performing drills or Mr. LEWIS of California. The reason performing duty specified in section 12310(a) equivalent duty or other duty, and expenses I asked you to yield, Mr. Chairman, is of title 10, United States Code, or while un- authorized by section 16131 of title 10, United dergoing reserve training, or while per- States Code; and for payments to the Depart- that it strikes me that the entire mem- forming drills or equivalent duty or other ment of Defense Military Retirement Fund, bership should know that already Mr. duty, and expenses authorized by section $2,038,097,000. MURTHA and you together have lost out 16131 of title 10, United States Code; and for TITLE II to the legislative branch sub- payments to the Department of Defense Mili- OPERATION AND MAINTENANCE committee. It is a very unusual thing. tary Retirement Fund, $3,034,500,000. OPERATION AND MAINTENANCE, ARMY I think maybe Mr. MURTHA has lost RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, control. For pay, allowances, clothing, subsistence, necessary for the operation and maintenance Mr. YOUNG of Florida. Mr. Chair- gratuities, travel, and related expenses for of the Army, as authorized by law; and not man, reclaiming my time, in response personnel of the Navy Reserve on active duty to exceed $11,478,000 can be used for emer- under section 10211 of title 10, United States to the gentlewoman’s question, as Mr. gencies and extraordinary expenses, to be ex- Code, or while serving on active duty under MURTHA suggested, we look for every pended on the approval or authority of the section 12301(d) of title 10, United States way that we can to enhance the quality Secretary of the Army, and payments may Code, in connection with performing duty be made on his certificate of necessity for of life for the members of our military, specified in section12310(a) of title 10, United confidential military purposes, to get as many pay increases and as States Code, or while undergoing reserve $22,292,965,000: Provided, That of funds made many benefits as we can, because we training, or while performing drills or equiv- available under this heading, $2,499,000 shall recognize how important that these he- alent duty, and expenses authorized by sec- be available for Fort Baker, in accordance roes are, these warriors are, to the se- tion 16131 of title 10, United States Code; and with the terms and conditions as provided for payments to the Department of Defense curity of our Nation. under the heading ‘‘Operation and Mainte- Military Retirement Fund, $1,485,548,000. I thank the gentlewoman for bring- nance, Army’’, in Public Law 107–117. RESERVE PERSONNEL, MARINE CORPS ing up this issue, but I would say Mr. OPERATION AND MAINTENANCE, NAVY MURTHA and I have looked for every op- For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, portunity we can to make things better gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on ac- necessary for the operation and maintenance for those who serve in our military. of the Navy and the Marine Corps, as author- The Acting CHAIRMAN. The Clerk tive duty under section 10211 of title 10, United States Code, or while serving on ac- ized by law; and not to exceed $6,129,000 can will read. tive duty under section 12301(d) of title 10, be used for emergencies and extraordinary The Clerk read as follows: United States Code, in connection with per- expenses, to be expended on the approval or MILITARY PERSONNEL, NAVY forming duty specified in section 12310(a) of authority of the Secretary of the Navy, and payments may be made on his certificate of For pay, allowances, individual clothing, title 10, United States Code, or while under- necessity for confidential military purposes, subsistence, interest on deposits, gratuities, going reserve training, or while performing $29,853,676,000. permanent change of station travel (includ- drills or equivalent duty, and for members of ing all expenses thereof for organizational the Marine Corps platoon leaders class, and OPERATION AND MAINTENANCE, MARINE CORPS movements), and expenses of temporary duty expenses authorized by section 16131 of title For expenses, not otherwise provided for, travel between permanent duty stations, for 10, United States Code; and for payments to necessary for the operation and maintenance members of the Navy on active duty (except the Department of Defense Military Retire- of the Marine Corps, as authorized by law, members of the Reserve provided for else- ment Fund, $498,556,000. $3,351,121,000. where), midshipmen, and aviation cadets; for RESERVE PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, AIR FORCE members of the Reserve Officers’ Training For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, Corps; and for payments pursuant to section gratuities, travel, and related expenses for necessary for the operation and maintenance 156 of Public Law 97–377, as amended (42 personnel of the Air Force Reserve on active of the Air Force, as authorized by law; and U.S.C. 402 note), and to the Department of duty under sections 10211, 10305, and 8038 of not to exceed $7,699,000 can be used for emer- Defense Military Retirement Fund, title 10, United States Code, or while serving gencies and extraordinary expenses, to be ex- $19,049,454,000. on active duty under section 12301(d) of title pended on the approval or authority of the MILITARY PERSONNEL, MARINE CORPS 10, United States Code, in connection with Secretary of the Air Force, and payments For pay, allowances, individual clothing, performing duty specified in section 12310(a) may be made on his certificate of necessity subsistence, interest on deposits, gratuities, of title 10, United States Code, or while un- for confidential military purposes, permanent change of station travel (includ- dergoing reserve training, or while per- $29,089,688,000. forming drills or equivalent duty or other ing all expenses thereof for organizational OPERATION AND MAINTENANCE, DEFENSE-WIDE movements), and expenses of temporary duty duty, and expenses authorized by section travel between permanent duty stations, for 16131 of title 10, United States Code; and for (INCLUDING TRANSFER OF FUNDS) members of the Marine Corps on active duty payments to the Department of Defense Mili- For expenses, not otherwise provided for, (except members of the Reserve provided for tary Retirement Fund, $1,246,320,000. necessary for the operation and maintenance elsewhere); and for payments pursuant to NATIONAL GUARD PERSONNEL, ARMY of activities and agencies of the Department of Defense (other than the military depart- section 156 of Public Law 97–377, as amended For pay, allowances, clothing, subsistence, ments), as authorized by law, $19,883,790,000: (42 U.S.C. 402 note), and to the Department of gratuities, travel, and related expenses for Provided, That not more than $25,000,000 may Defense Military Retirement Fund, personnel of the Army National Guard while be used for the Combatant Commander Ini- $7,932,749,000. on duty under section 10211, 10302, or 12402 of tiative Fund authorized under section 166a of MILITARY PERSONNEL, AIR FORCE title 10 or section 708 of title 32, United title 10, United States Code: Provided further, States Code, or while serving on duty under For pay, allowances, individual clothing, That not to exceed $40,000,000 can be used for section 12301(d) of title 10 or section 502(f) of subsistence, interest on deposits, gratuities, emergencies and extraordinary expenses, to title 32, United States Code, in connection permanent change of station travel (includ- be expended on the approval or authority of with performing duty specified in section ing all expenses thereof for organizational the Secretary of Defense, and payments may 12310(a) of title 10, United States Code, or movements), and expenses of temporary duty be made on his certificate of necessity for while undergoing training, or while per- travel between permanent duty stations, for confidential military purposes: Provided fur- forming drills or equivalent duty or other members of the Air Force on active duty (ex- ther, That of the funds made available under duty, and expenses authorized by section cept members of reserve components pro- this heading, $6,300,000 is available for con- 16131 of title 10, United States Code; and for vided for elsewhere), cadets, and aviation ca- tractor support to coordinate a wind test payments to the Department of Defense Mili- dets; for members of the Reserve Officers’ demonstration project on an Air Force in- tary Retirement Fund, $4,693,595,000. Training Corps; and for payments pursuant stallation using wind turbines manufactured to section 156 of Public Law 97–377, as NATIONAL GUARD PERSONNEL, AIR FORCE in the United States that are new to the amended (42 U.S.C. 402 note), and to the De- For pay, allowances, clothing, subsistence, United States market and to execute the re- partment of Defense Military Retirement gratuities, travel, and related expenses for newable energy purchasing plan: Provided Fund, $19,676,481,000. personnel of the Air National Guard on duty further, That none of the funds appropriated RESERVE PERSONNEL, ARMY under section 10211, 10305, or 12402 of title 10 or otherwise made available by this Act may For pay, allowances, clothing, subsistence, or section 708 of title 32, United States Code, be used to plan or implement the consolida- gratuities, travel, and related expenses for or while serving on duty under section tion of a budget or appropriations liaison of- personnel of the Army Reserve on active 12301(d) of title 10 or section 502(f) of title 32, fice of the Office of the Secretary of Defense, duty under sections 10211, 10302, and 3038 of United States Code, in connection with per- the office of the Secretary of a military de- title 10, United States Code, or while serving forming duty specified in section 12310(a) of partment, or the service headquarters of one

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of the Armed Forces into a legislative affairs OPERATION AND MAINTENANCE, AIR NATIONAL MISSILE PROCUREMENT, ARMY or legislative liaison office: Provided further, GUARD For construction, procurement, produc- That $4,000,000, to remain available until ex- For expenses of training, organizing, and tion, modification, and modernization of pended, is available only for expenses relat- administering the Air National Guard, in- missiles, equipment, including ordnance, ing to certain classified activities, and may cluding medical and hospital treatment and ground handling equipment, spare parts, and be transferred as necessary by the Secretary related expenses in non-Federal hospitals; accessories therefor; specialized equipment to operation and maintenance appropriations maintenance, operation, and repairs to and training devices; expansion of public and or research, development, test and evalua- structures and facilities; transportation of private plants, including the land necessary tion appropriations, to be merged with and things, hire of passenger motor vehicles; sup- therefor, for the foregoing purposes, and to be available for the same time period as plying and equipping the Air National such lands and interests therein, may be ac- the appropriations to which transferred: Pro- Guard, as authorized by law; expenses for re- quired, and construction prosecuted thereon vided further, That any ceiling on the invest- pair, modification, maintenance, and issue of prior to approval of title; and procurement ment item unit cost of items that may be supplies and equipment, including those fur- and installation of equipment, appliances, purchased with operation and maintenance nished from stocks under the control of and machine tools in public and private funds shall not apply to the funds described agencies of the Department of Defense; trav- plants; reserve plant and Government and in the preceding proviso: Provided further, el expenses (other than mileage) on the same contractor-owned equipment layaway; and That the transfer authority provided under basis as authorized by law for Air National other expenses necessary for the foregoing this heading is in addition to any other Guard personnel on active Federal duty, for purposes, $1,350,898,000, to remain available transfer authority provided elsewhere in this Air National Guard commanders while in- for obligation until September 30, 2009, of Act. specting units in compliance with National which $110,000,000 shall be available for the OPERATION AND MAINTENANCE, ARMY Guard Bureau regulations when specifically Army National Guard and Army Reserve. RESERVE authorized by the Chief, National Guard Bu- PROCUREMENT OF WEAPONS AND TRACKED For expenses, not otherwise provided for, reau, $5,035,310,000. COMBAT VEHICLES, ARMY necessary for the operation and mainte- UNITED STATES COURT OF APPEALS FOR THE For construction, procurement, produc- nance, including training, organization, and ARMED FORCES tion, and modification of weapons and administration, of the Army Reserve; repair For salaries and expenses necessary for the tracked combat vehicles, equipment, includ- of facilities and equipment; hire of passenger United States Court of Appeals for the ing ordnance, spare parts, and accessories motor vehicles; travel and transportation; Armed Forces, $11,721,000, of which not to ex- therefor; specialized equipment and training care of the dead; recruiting; procurement of ceed $5,000 may be used for official represen- devices; expansion of public and private services, supplies, and equipment; and com- tation purposes. plants, including the land necessary there- munications, $2,064,512,000. OVERSEAS HUMANITARIAN, DISASTER, AND for, for the foregoing purposes, and such OPERATION AND MAINTENANCE, NAVY RESERVE CIVIC AID lands and interests therein, may be acquired, and construction prosecuted thereon prior to For expenses, not otherwise provided for, For expenses relating to the Overseas Hu- approval of title; and procurement and in- necessary for the operation and mainte- manitarian, Disaster, and Civic Aid pro- stallation of equipment, appliances, and ma- nance, including training, organization, and grams of the Department of Defense (con- chine tools in public and private plants; re- administration, of the Navy Reserve; repair sisting of the programs provided under sec- serve plant and Government and contractor- of facilities and equipment; hire of passenger tions 401, 402, 404, 2557, and 2561 of title 10, owned equipment layaway; and other ex- motor vehicles; travel and transportation; United States Code), $63,204,000, to remain penses necessary for the foregoing purposes, care of the dead; recruiting; procurement of available until September 30, 2008. $2,047,804,000, to remain available for obliga- services, supplies, and equipment; and com- FORMER SOVIET UNION THREAT REDUCTION munications, $1,223,628,000. tion until September 30, 2009, of which ACCOUNT $218,481,000 shall be available for the Army OPERATION AND MAINTENANCE, MARINE CORPS For assistance to the republics of the National Guard and Army Reserve. RESERVE former Soviet Union, including assistance PROCUREMENT OF AMMUNITION, ARMY For expenses, not otherwise provided for, provided by contract or by grants, for facili- For construction, procurement, produc- necessary for the operation and mainte- tating the elimination and the safe and se- tion, and modification of ammunition, and nance, including training, organization, and cure transportation and storage of nuclear, accessories therefor; specialized equipment administration, of the Marine Corps Reserve; chemical and other weapons; for establishing and training devices; expansion of public and repair of facilities and equipment; hire of programs to prevent the proliferation of private plants, including ammunition facili- passenger motor vehicles; travel and trans- weapons, weapons components, and weapon- ties, authorized by section 2854 of title 10, portation; care of the dead; recruiting; pro- related technology and expertise; for pro- United States Code, and the land necessary curement of services, supplies, and equip- grams relating to the training and support of therefor, for the foregoing purposes, and ment; and communications, $202,732,000. defense and military personnel for demili- such lands and interests therein, may be ac- tarization and protection of weapons, weap- OPERATION AND MAINTENANCE, AIR FORCE quired, and construction prosecuted thereon ons components and weapons technology and RESERVE prior to approval of title; and procurement expertise, and for defense and military con- For expenses, not otherwise provided for, and installation of equipment, appliances, tacts, $372,128,000, to remain available until necessary for the operation and mainte- and machine tools in public and private September 30, 2009. nance, including training, organization, and plants; reserve plant and Government and administration, of the Air Force Reserve; re- TITLE III contractor-owned equipment layaway; and pair of facilities and equipment; hire of pas- PROCUREMENT other expenses necessary for the foregoing senger motor vehicles; travel and transpor- AIRCRAFT PROCUREMENT, ARMY purposes, $1,710,475,000, to remain available tation; care of the dead; recruiting; procure- For construction, procurement, produc- for obligation until September 30, 2009, of ment of services, supplies, and equipment; tion, modification, and modernization of air- which $197,181,000 shall be available for the and communications, $2,659,951,000. craft, equipment, including ordnance, ground Army National Guard and Army Reserve. OPERATION AND MAINTENANCE, ARMY handling equipment, spare parts, and acces- OTHER PROCUREMENT, ARMY NATIONAL GUARD sories therefor; specialized equipment and For construction, procurement, produc- For expenses of training, organizing, and training devices; expansion of public and pri- tion, and modification of vehicles, including administering the Army National Guard, in- vate plants, including the land necessary tactical, support, and non-tracked combat cluding medical and hospital treatment and therefor, for the foregoing purposes, and vehicles; the purchase of passenger motor ve- related expenses in non-Federal hospitals; such lands and interests therein, may be ac- hicles for replacement only; communications maintenance, operation, and repairs to quired, and construction prosecuted thereon and electronic equipment; other support structures and facilities; hire of passenger prior to approval of title; and procurement equipment; spare parts, ordnance, and acces- motor vehicles; personnel services in the Na- and installation of equipment, appliances, sories therefor; specialized equipment and tional Guard Bureau; travel expenses (other and machine tools in public and private training devices; expansion of public and pri- than mileage), as authorized by law for plants; reserve plant and Government and vate plants, including the land necessary Army personnel on active duty, for Army contractor-owned equipment layaway; and therefor, for the foregoing purposes, and National Guard division, regimental, and other expenses necessary for the foregoing such lands and interests therein, may be ac- battalion commanders while inspecting units purposes, $3,529,983,000, to remain available quired, and construction prosecuted thereon in compliance with National Guard Bureau for obligation until September 30, 2009, of prior to approval of title; and procurement regulations when specifically authorized by which $27,375,000 shall be available for the and installation of equipment, appliances, the Chief, National Guard Bureau; supplying Army National Guard and Army Reserve: and machine tools in public and private and equipping the Army National Guard as Provided, That $19,200,000 of the funds pro- plants; reserve plant and Government and authorized by law; and expenses of repair, vided in this paragraph are available only for contractor-owned equipment layaway; and modification, maintenance, and issue of sup- the purpose of acquiring one (1) HH–60L med- other expenses necessary for the foregoing plies and equipment (including aircraft), ical evacuation Variant Blackhawk heli- purposes, $7,005,338,000, to remain available $4,436,839,000. copter only for the Army Reserve. for obligation until September 30, 2009, of

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4257 which $534,360,000 shall be available for the One DD(X) Destroyer, $2,568,111,000; away; and other expenses necessary for the Army National Guard and Army Reserve. DDG–51 Destroyer, $355,849,000; foregoing purposes including rents and trans- AIRCRAFT PROCUREMENT, NAVY DDG–51 Destroyer Modernization, portation of things, $11,852,467,000, to remain For construction, procurement, produc- $50,000,000; available for obligation until September 30, tion, modification, and modernization of air- Littoral Combat Ship, $520,670,000; 2009, of which $470,300,000 shall be available craft, equipment, including ordnance, spare LPD–17 (AP), $297,492,000; for the Air National Guard and Air Force Re- parts, and accessories therefor; specialized LHA–R, $1,135,917,000; serve. equipment; expansion of public and private Special Purpose Craft, $4,500,000; MISSILE PROCUREMENT, AIR FORCE plants, including the land necessary there- Service Craft, $45,245,000; For construction, procurement, and modi- for, and such lands and interests therein, LCAC Service Life Extension Program, fication of missiles, spacecraft, rockets, and may be acquired, and construction pros- $110,692,000; related equipment, including spare parts and ecuted thereon prior to approval of title; and Prior year shipbuilding costs, $436,449,000; accessories therefor, ground handling equip- procurement and installation of equipment, and ment, and training devices; expansion of pub- appliances, and machine tools in public and For outfitting, post delivery, conversions, lic and private plants, Government-owned private plants; reserve plant and Govern- and first destination transportation, equipment and installation thereof in such ment and contractor-owned equipment lay- $410,643,000. plants, erection of structures, and acquisi- away, $10,590,934,000, to remain available for In all: $10,491,653,000, to remain available tion of land, for the foregoing purposes, and obligation until September 30, 2009, of which for obligation until September 30, 2011: Pro- such lands and interests therein, may be ac- $154,800,000 shall be available for the Navy vided, That additional obligations may be in- quired, and construction prosecuted thereon Reserve and Marine Corps Reserve. curred after September 30, 2011, for engineer- prior to approval of title; reserve plant and ing services, tests, evaluations, and other WEAPONS PROCUREMENT, NAVY Government and contractor-owned equip- such budgeted work that must be performed ment layaway; and other expenses necessary For construction, procurement, produc- in the final stage of ship construction: Pro- tion, modification, and modernization of for the foregoing purposes including rents vided further, That none of the funds provided and transportation of things, $3,746,636,000, to missiles, torpedoes, other weapons, and re- under this heading for the construction or lated support equipment including spare remain available for obligation until Sep- conversion of any naval vessel to be con- tember 30, 2009. parts, and accessories therefor; expansion of structed in shipyards in the United States PROCUREMENT OF AMMUNITION, AIR FORCE public and private plants, including the land shall be expended in foreign facilities for the necessary therefor, and such lands and inter- construction of major components of such For construction, procurement, produc- ests therein, may be acquired, and construc- vessel: Provided further, That none of the tion, and modification of ammunition, and tion prosecuted thereon prior to approval of funds provided under this heading shall be accessories therefor; specialized equipment title; and procurement and installation of used for the construction of any naval vessel and training devices; expansion of public and equipment, appliances, and machine tools in in foreign shipyards. private plants, including ammunition facili- public and private plants; reserve plant and ties, authorized by section 2854 of title 10, Government and contractor-owned equip- OTHER PROCUREMENT, NAVY United States Code, and the land necessary ment layaway, $2,533,920,000, to remain avail- For procurement, production, and mod- therefor, for the foregoing purposes, and able for obligation until September 30, 2009. ernization of support equipment and mate- such lands and interests therein, may be ac- rials not otherwise provided for, Navy ord- PROCUREMENT OF AMMUNITION, NAVY AND quired, and construction prosecuted thereon nance (except ordnance for new aircraft, new MARINE CORPS prior to approval of title; and procurement ships, and ships authorized for conversion); For construction, procurement, produc- and installation of equipment, appliances, the purchase of passenger motor vehicles for tion, and modification of ammunition, and and machine tools in public and private replacement only; expansion of public and accessories therefor; specialized equipment plants; reserve plant and Government and private plants, including the land necessary and training devices; expansion of public and contractor-owned equipment layaway; and therefor, and such lands and interests there- private plants, including ammunition facili- other expenses necessary for the foregoing in, may be acquired, and construction pros- ties, authorized by section 2854 of title 10, purposes, $1,079,249,000, to remain available ecuted thereon prior to approval of title; and United States Code, and the land necessary for obligation until September 30, 2009, of procurement and installation of equipment, therefor, for the foregoing purposes, and which $163,800,000 shall be available for the appliances, and machine tools in public and such lands and interests therein, may be ac- Air National Guard and Air Force Reserve. private plants; reserve plant and Govern- quired, and construction prosecuted thereon OTHER PROCUREMENT, AIR FORCE ment and contractor-owned equipment lay- prior to approval of title; and procurement For procurement and modification of away, $5,022,005,000, to remain available for and installation of equipment, appliances, equipment (including ground guidance and obligation until September 30, 2009, of which and machine tools in public and private electronic control equipment, and ground $23,000,000 shall be available for the Navy Re- plants; reserve plant and Government and electronic and communication equipment), serve and Marine Corps Reserve. contractor-owned equipment layaway; and and supplies, materials, and spare parts other expenses necessary for the foregoing PROCUREMENT, MARINE CORPS therefor, not otherwise provided for; the pur- purposes, $775,893,000, to remain available for For expenses necessary for the procure- chase of passenger motor vehicles for re- obligation until September 30, 2009, of which ment, manufacture, and modification of mis- placement only; lease of passenger motor ve- $19,600,000 shall be available for the Navy Re- siles, armament, military equipment, spare hicles; and expansion of public and private serve and Marine Corps Reserve. parts, and accessories therefor; plant equip- plants, Government-owned equipment and SHIPBUILDING AND CONVERSION, NAVY ment, appliances, and machine tools, and in- installation thereof in such plants, erection For expenses necessary for the construc- stallation thereof in public and private of structures, and acquisition of land, for the tion, acquisition, or conversion of vessels as plants; reserve plant and Government and foregoing purposes, and such lands and inter- authorized by law, including armor and ar- contractor-owned equipment layaway; vehi- ests therein, may be acquired, and construc- mament thereof, plant equipment, appli- cles for the Marine Corps, including the pur- tion prosecuted thereon, prior to approval of ances, and machine tools and installation chase of passenger motor vehicles for re- title; reserve plant and Government and con- thereof in public and private plants; reserve placement only; and expansion of public and tractor-owned equipment layaway, plant and Government and contractor-owned private plants, including land necessary $15,423,536,000, to remain available for obliga- equipment layaway; procurement of critical, therefor, and such lands and interests there- tion until September 30, 2009, of which long leadtime components and designs for in, may be acquired, and construction pros- $145,600,000 shall be available for the Air Na- vessels to be constructed or converted in the ecuted thereon prior to approval of title, tional Guard and Air Force Reserve. future; and expansion of public and private $1,191,113,000, to remain available for obliga- PROCUREMENT, DEFENSE-WIDE plants, including land necessary therefor, tion until September 30, 2009. For expenses of activities and agencies of and such lands and interests therein, may be AIRCRAFT PROCUREMENT, AIR FORCE the Department of Defense (other than the acquired, and construction prosecuted there- For construction, procurement, and modi- military departments) necessary for procure- on prior to approval of title, as follows: fication of aircraft and equipment, including ment, production, and modification of equip- Carrier Replacement Program (AP), armor and armament, specialized ground ment, supplies, materials, and spare parts $784,143,000; handling equipment, and training devices, therefor, not otherwise provided for; the pur- NSSN, $1,775,472,000; spare parts, and accessories therefor; special- chase of passenger motor vehicles for re- NSSN (AP), $676,582,000; ized equipment; expansion of public and pri- placement only; expansion of public and pri- CVN Refuelings, $954,495,000; vate plants, Government-owned equipment vate plants, equipment, and installation CVN Refuelings (AP), $117,139,000; and installation thereof in such plants, erec- thereof in such plants, erection of struc- SSN Engineered Refueling Overhauls (AP), tion of structures, and acquisition of land, tures, and acquisition of land for the fore- $22,078,000; for the foregoing purposes, and such lands going purposes, and such lands and interests SSBN Engineered Refueling Overhauls, and interests therein, may be acquired, and therein, may be acquired, and construction $189,022,000; construction prosecuted thereon prior to ap- prosecuted thereon prior to approval of title; SSBN Engineered Refueling Overhauls proval of title; reserve plant and Govern- reserve plant and Government and con- (AP), $37,154,000; ment and contractor-owned equipment lay- tractor-owned equipment layaway,

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4258 CONGRESSIONAL RECORD — HOUSE June 20, 2006 $2,890,531,000, to remain available for obliga- 2008: Provided, That funds appropriated in This idea of funding more prosthetics tion until September 30, 2009. this paragraph which are available for the V– research is recognizing the cherished NATIONAL GUARD AND RESERVE EQUIPMENT 22 may be used to meet unique operational defenders of our Nation. It is giving requirements of the Special Operations For procurement of aircraft, missiles, Forces: Provided further, That funds appro- them a second chance at life. This tracked combat vehicles, ammunition, other priated in this paragraph shall be available amendment would add additional fund- weapons, and other procurement for the re- for the Cobra Judy program. ing of $4 million in that area. We know serve components of the Armed Forces, RESEARCH, DEVELOPMENT, TEST AND that every day they stand between the $500,000,000, to remain available for obliga- status quo and an ideal for a better fu- tion until September 30, 2009: Provided, That EVALUATION, AIR FORCE the Chiefs of the Reserve and National Guard For expenses necessary for basic and ap- ture. components shall, not later than 30 days plied scientific research, development, test Might I just say that we have seen after the enactment of this Act, individually and evaluation, including maintenance, re- some of the more heinous injuries com- submit to the congressional defense commit- habilitation, lease, and operation of facili- ing from the IEDs in Afghanistan and tees the modernization priority assessment ties and equipment, $24,457,062,000, to remain Iraq. U.S. troops injured in Iraq have for their respective Reserve or National available for obligation until September 30, required limb amputations at twice the 2008. Guard component. rate of past wars. Bulletproof Kevlar RESEARCH, DEVELOPMENT, TEST AND DEFENSE PRODUCTION ACT PURCHASES EVALUATION, DEFENSE-WIDE vests protect soldiers’ bodies, but not For activities by the Department of De- For expenses of activities and agencies of their limbs. fense pursuant to sections 108, 301, 302, and the Department of Defense (other than the I am exhilarated that the rate of 303 of the Defense Production Act of 1950 (50 military departments), necessary for basic death is the lowest of any war we have U.S.C. App. 2078, 2091, 2092, and 2093), and applied scientific research, development, fought in our history, and I am sure $39,384,000, to remain available until ex- test and evaluation; advanced research that my colleagues join me in that. Yet pended. projects as may be designated and deter- we must continue the responsibility of TITLE IV mined by the Secretary of Defense, pursuant rehabilitation. RESEARCH, DEVELOPMENT, TEST AND to law; maintenance, rehabilitation, lease, The good news is that prosthetic re- and operation of facilities and equipment, EVALUATION search by the military has generated RESEARCH, DEVELOPMENT, TEST AND $21,208,264,000, to remain available for obliga- tion until September 30, 2008. their finest quality of prosthetic limbs, EVALUATION, ARMY and we have seen and I have seen For expenses necessary for basic and ap- b 1500 young men and women experience the plied scientific research, development, test AMENDMENT OFFERED BY MS. JACKSON-LEE OF joy of being able to walk again or to and evaluation, including maintenance, re- TEXAS use their arms again. They, of course, habilitation, lease, and operation of facili- Ms. JACKSON-LEE of Texas. Mr. ties and equipment, $11,834,882,000, to remain must now readjust to life at home, available for obligation until September 30, Chairman, I offer an amendment. they must relearn how to move, how to 2008. The Clerk read as follows: eat, how to walk, how to go grocery Amendment offered by Ms. JACKSON-LEE of AMENDMENT OFFERED BY MR. MURTHA shopping, how to cook and how to Texas. adapt to the rest of their lives. Mr. MURTHA. Mr. Chairman, I offer Page 28, line 23, before the period, insert an amendment. the following: ‘‘: Provided, That not less than The importance of prosthetic re- The Clerk read as follows: $10,000,000 of the funds appropriated in this search is increasing in light of the on- going hostilities in Iraq and the grow- Amendment offered by Mr. MURTHA: paragraph shall be used for prosthetic re- On page 27, line 17, insert after the first search’’. ing sophistication of the improvised dollar amount, the following: ‘‘(reduced by Mr. YOUNG of Florida. Mr. Chair- explosive devices used against our $5,000,000) (increased by $5,000,000)’’. man, I reserve a point of order on the troops. Mr. MURTHA (during the reading). gentlewoman’s amendment. I recently visited Walter Reed Hos- Mr. Chairman, I ask unanimous con- The Acting CHAIRMAN. The gen- pital, we met a number of wounded sol- sent that the amendment be considered tleman reserves a point of order. diers, many of whom were badly as read and printed in the RECORD. Ms. JACKSON-LEE of Texas. In the scarred physically, and needed to have The Acting CHAIRMAN. Is there ob- best of all worlds, Mr. Chairman, I the knowledge that the prosthetic de- jection to the request of the gentleman would hope that the point of order vices would be available for them. from Pennsylvania? could be waived; but at the same time So this amendment is simple. It at- There was no objection. as I discuss this amendment, I will ac- tempts to place special emphasis on Mr. MURTHA. Mr. Chairman, I offer knowledge the leadership of the rank- work that is ongoing and the impor- an amendment to restore funding for ing member and the chairman of this tance of continuing both the research an important national program known subcommittee. and the funding regarding prosthetic as PASIS, Perpetually Available and Living near a veterans hospital, hav- research. This will help the encreased Secure Information Systems program. ing the pleasure of having represented utilization of prosthetics for our sol- Mr. YOUNG of Florida. Mr. Chair- the veterans hospital in Houston, diers. Someone out there is listening, I man, I would like to say to the gen- Texas, and living in the State of Texas hope, in order to know that we are con- tleman that, as he knows, this is some- and recognizing the facilities that we cerned about the many issues that im- thing we had intended to do in the have dealing with the rehabilitation of pacts these soldiers’ lives; and one of committee, and it is important that we injured persons including injured sol- those issues is to have the opportunity do it at this point; so we accept this diers, I would say that this is one of to walk again. amendment. the more important funding areas that POINT OF ORDER Mr. MURTHA. I appreciate it. this bill has an ability to address. The Acting CHAIRMAN. Does the The Acting CHAIRMAN. The ques- Why? Because we realize that some gentleman from Florida insist upon his tion is on the amendment offered by 19,000 of the U.S. military and the num- point of order? the gentleman from Pennsylvania (Mr. ber is growing have been injured. Mr. YOUNG of Florida. Mr. Chair- As we know, both Mr. YOUNG and Mr. MURTHA). man, I make the point of order, reluc- The amendment was agreed to. MURTHA have steadily provided insight tantly, I might say, against the amend- The Acting CHAIRMAN. The Clerk as they visited the troops in many of ment because it provides an appropria- will read. our military hospitals, including Be- tion for an unauthorized program and The Clerk read as follows: thesda and Walter Reed; and as I have therefore violates clause 2 of rule XXI. had the opportunity to visit those hos- Clause 2 of rule XXI states in perti- RESEARCH, DEVELOPMENT, TEST AND pitals, as well as the veterans hospital nent part: ‘‘An appropriation may not EVALUATION, NAVY in Houston, the Michael DeBakey Hos- be in order as an amendment for an ex- For expenses necessary for basic and ap- pital, which I had the pleasure of nam- plied scientific research, development, test penditure not previously authorized by and evaluation, including maintenance, re- ing in honor of Dr. Michael DeBakey, law.’’ habilitation, lease, and operation of facili- one of the world’s renowned heart sur- Mr. Chairman, the amendment pro- ties and equipment, $17,654,518,000, to remain geons, but also a veteran of World War poses to appropriate funds for an ear- available for obligation until September 30, II. mark that is not authorized. The

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.027 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4259 amendment therefore violates clause 2 tion, in the direction and supervision of transfer to appropriations available to the of rule XXI. operational test and evaluation, including Department of Defense for military per- I ask for the ruling of the Chair. initial operational test and evaluation which sonnel of the reserve components serving The Acting CHAIRMAN. Do any is conducted prior to, and in support of, pro- under the provisions of title 10 and title 32, duction decisions; joint operational testing United States Code; for Operation and main- Members wish to speak on the point of and evaluation; and administrative expenses tenance; for Procurement; and for Research, order? in connection therewith, $181,520,000, to re- development, test and evaluation, Ms. JACKSON-LEE of Texas. I would. main available for obligation until Sep- $936,990,000: Provided, That the funds appro- I would like to yield to the distin- tember 30, 2008. priated under this heading shall be available guished ranking member to ask about TITLE V for obligation for the same time period and his belief and concern about the impor- REVOLVING AND MANAGEMENT FUNDS for the same purpose as the appropriation to tance of prosthetic research funding DEFENSE WORKING CAPITAL FUNDS which transferred: Provided further, That and continue to have the opportunity For the Defense Working Capital Funds, upon a determination that all or part of the $1,345,998,000. funds transferred from this appropriation are to work with him and Mr. YOUNG on not necessary for the purposes provided here- NATIONAL DEFENSE SEALIFT FUND this issue. in, such amounts may be transferred back to The Acting CHAIRMAN. The gentle- For National Defense Sealift Fund pro- this appropriation: Provided further, That the woman may not yield, but the Chair grams, projects, and activities, and for ex- transfer authority provided under this head- will hear the gentleman from Pennsyl- penses of the National Defense Reserve ing is in addition to any other transfer au- Fleet, as established by section 11 of the thority contained elsewhere in this Act. vania. Merchant Ship Sales Act of 1946 (50 U.S.C. Mr. MURTHA. Mr. Chairman, nobody App. 1744), and for the necessary expenses to OFFICE OF THE INSPECTOR GENERAL has worked harder than BILL YOUNG, maintain and preserve a U.S.-flag merchant For expenses and activities of the Office of his wife and myself in taking care of fleet to serve the national security needs of the Inspector General in carrying out the these troops at all the hospitals, all the United States, $1,071,932,000, to remain provisions of the Inspector General Act of over the country. Just last year we put available until expended: Provided, That 1978, as amended, $216,297,000, of which in money to start a new center for re- none of the funds provided in this paragraph $214,897,000 shall be for Operation and main- tenance, of which not to exceed $700,000 is habilitation of people that had lost shall be used to award a new contract that provides for the acquisition of any of the fol- available for emergencies and extraordinary their limbs and so forth. lowing major components unless such com- expenses to be expended on the approval or We appreciate your recommendation. ponents are manufactured in the United authority of the Inspector General, and pay- We hope you withdraw the amendment, States: auxiliary equipment, including ments may be made on the Inspector Gen- and we will continue to work toward pumps, for all shipboard services; propulsion eral’s certificate of necessity for confidential full funding, as much as we think is ab- system components (that is; engines, reduc- military purposes; and of which $1,400,000, to solutely necessary for all these hos- tion gears, and propellers); shipboard cranes; remain available until September 30, 2009, pitals. and spreaders for shipboard cranes: Provided shall be for Procurement. further, That the exercise of an option in a The Acting CHAIRMAN. Does any TITLE VII contract awarded through the obligation of RELATED AGENCIES other Member wish to be heard on the previously appropriated funds shall not be point of order? considered to be the award of a new contract: CENTRAL INTELLIGENCE AGENCY RETIREMENT Ms. JACKSON-LEE of Texas. Mr. Provided further, That the Secretary of the AND DISABILITY SYSTEM FUND Chairman, I will take the time to dis- military department responsible for such For payment to the Central Intelligence cuss the point of order and not discuss procurement may waive the restrictions in Agency Retirement and Disability System Fund, to maintain the proper funding level it, simply to say this amendment’s in- the first proviso on a case-by-case basis by certifying in writing to the Committees on for continuing the operation of the Central tention was to further highlight both Appropriations of the House of Representa- Intelligence Agency Retirement and Dis- the work already done by the ranking tives and the Senate that adequate domestic ability System, $256,400,000. member and the subcommittee Chair, supplies are not available to meet Depart- INTELLIGENCE COMMUNITY MANAGEMENT but also to express the need in my par- ment of Defense requirements on a timely ACCOUNT ticular locality in Houston, Texas, basis and that such an acquisition must be (INCLUDING TRANSFER OF FUNDS) made in order to acquire capability for na- where a number of these veterans are For necessary expenses of the Intelligence tional security purposes. coming back needing prosthetics. Community Management Account, Let me thank the ranking member PENTAGON RESERVATION MAINTENANCE $597,111,000, of which $27,454,000 for the Ad- and the chairman for the work already REVOLVING FUND vanced Research and Development Com- done and ask at this time, as the mon- For the Pentagon Reservation Mainte- mittee shall remain available until Sep- nance Revolving Fund, $18,500,000, to remain tember 30, 2008: Provided, That of the funds eys will be continue to be emphasized available until September 30, 2011. and the need already known, I will look appropriated under this heading, $39,000,000 TITLE VI shall be transferred to the Department of forward to working with both of them OTHER DEPARTMENT OF DEFENSE Justice for the National Drug Intelligence as these funds continue to increase to PROGRAMS Center to support the Department of De- help the need that is existing for those CHEMICAL AGENTS AND MUNITIONS fense’s counter-drug intelligence responsibil- needing prosthetics coming back from DESTRUCTION, ARMY ities, and of the said amount, $1,500,000 for the front line. For expenses, not otherwise provided for, Procurement shall remain available until Mr. Chairman, I ask unanimous con- necessary for the destruction of the United September 30, 2009 and $1,000,000 for Re- sent to withdraw the amendment. States stockpile of lethal chemical agents search, development, test and evaluation The Acting CHAIRMAN. Without ob- and munitions, to include construction of fa- shall remain available until September 30, jection, the amendment is withdrawn. cilities, in accordance with the provisions of 2008: Provided further, That the National section 1412 of the Department of Defense Drug Intelligence Center shall maintain the There was no objection. personnel and technical resources to provide Mr. YOUNG of Florida. Mr. Chair- Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare timely support to law enforcement authori- man, I ask unanimous consent that the materials that are not in the chemical weap- ties and the intelligence community by con- remainder of the bill through page 73, on stockpile, $1,277,304,000, of which ducting document and computer exploitation line 5 be considered as read, printed in $1,046,290,000 shall be for Operation and main- of materials collected in Federal, State, and the RECORD, and open to amendment at tenance; $231,014,000 shall be for Research, local law enforcement activity associated any point. development, test and evaluation, of which with counter-drug, counter-terrorism, and The Acting CHAIRMAN. Is there ob- $215,944,000 shall only be for the Assembled national security investigations and oper- ations. jection to the request of the gentleman Chemical Weapons Alternatives (ACWA) pro- gram, to remain available until September from Florida? TITLE VIII 30, 2008; and no less than $111,283,000 shall be GENERAL PROVISIONS There was no objection. for the Chemical Stockpile Emergency Pre- SEC. 8001. No part of any appropriation The text of the bill through page 73, paredness Program to remain available until contained in this Act shall be used for pub- line 5 is as follows: September 30, 2008. licity or propaganda purposes not authorized OPERATIONAL TEST AND EVALUATION, DRUG INTERDICTION AND COUNTER-DRUG by the Congress. DEFENSE ACTIVITIES, DEFENSE SEC. 8002. During the current fiscal year, For expenses, not otherwise provided for, (INCLUDING TRANSFER OF FUNDS) provisions of law prohibiting the payment of necessary for the independent activities of For drug interdiction and counter-drug ac- compensation to, or employment of, any per- the Director, Operational Test and Evalua- tivities of the Department of Defense, for son not a citizen of the United States shall

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.080 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4260 CONGRESSIONAL RECORD — HOUSE June 20, 2006 not apply to personnel of the Department of funds: Provided, That transfers may be made C–17 Globemaster; MH–60R Helicopters; Defense: Provided, That salary increases between such funds: Provided further, That MH–60R Helicopter mission equipment; and granted to direct and indirect hire foreign transfers may be made between working cap- V–22 Osprey. national employees of the Department of De- ital funds and the ‘‘Foreign Currency Fluc- SEC. 8009. Within the funds appropriated fense funded by this Act shall not be at a tuations, Defense’’ appropriation and the for the operation and maintenance of the rate in excess of the percentage increase au- ‘‘Operation and Maintenance’’ appropriation Armed Forces, funds are hereby appropriated thorized by law for civilian employees of the accounts in such amounts as may be deter- pursuant to section 401 of title 10, United Department of Defense whose pay is com- mined by the Secretary of Defense, with the States Code, for humanitarian and civic as- puted under the provisions of section 5332 of approval of the Office of Management and sistance costs under chapter 20 of title 10, title 5, United States Code, or at a rate in ex- Budget, except that such transfers may not United States Code. Such funds may also be cess of the percentage increase provided by be made unless the Secretary of Defense has obligated for humanitarian and civic assist- the appropriate host nation to its own em- notified the Congress of the proposed trans- ance costs incidental to authorized oper- ployees, whichever is higher: Provided fur- fer. Except in amounts equal to the amounts ations and pursuant to authority granted in ther, That this section shall not apply to De- appropriated to working capital funds in this section 401 of chapter 20 of title 10, United partment of Defense foreign service national Act, no obligations may be made against a States Code, and these obligations shall be employees serving at United States diplo- working capital fund to procure or increase reported as required by section 401(d) of title the value of war reserve material inventory, matic missions whose pay is set by the De- 10, United States Code: Provided, That funds unless the Secretary of Defense has notified partment of State under the Foreign Service available for operation and maintenance the Congress prior to any such obligation. Act of 1980: Provided further, That the limita- shall be available for providing humani- SEC. 8007. Funds appropriated by this Act tions of this provision shall not apply to for- tarian and similar assistance by using Civic eign national employees of the Department may not be used to initiate a special access program without prior notification 30 cal- Action Teams in the Trust Territories of the of Defense in the Republic of Turkey. endar days in advance to the congressional Pacific Islands and freely associated states SEC. 8003. No part of any appropriation of Micronesia, pursuant to the Compact of contained in this Act shall remain available defense committees. SEC. 8008. None of the funds provided in Free Association as authorized by Public for obligation beyond the current fiscal year, this Act shall be available to initiate: (1) a Law 99–239: Provided further, That upon a de- unless expressly so provided herein. multiyear contract that employs economic termination by the Secretary of the Army SEC. 8004. No more than 20 percent of the order quantity procurement in excess of that such action is beneficial for graduate appropriations in this Act which are limited $20,000,000 in any 1 year of the contract or medical education programs conducted at for obligation during the current fiscal year that includes an unfunded contingent liabil- Army medical facilities located in Hawaii, shall be obligated during the last 2 months of ity in excess of $20,000,000; or (2) a contract the Secretary of the Army may authorize the fiscal year: Provided, That this section for advance procurement leading to a the provision of medical services at such fa- shall not apply to obligations for support of multiyear contract that employs economic cilities and transportation to such facilities, active duty training of reserve components order quantity procurement in excess of on a nonreimbursable basis, for civilian pa- or summer camp training of the Reserve Of- $20,000,000 in any 1 year, unless the congres- tients from American Samoa, the Common- ficers’ Training Corps. sional defense committees have been notified wealth of the Northern Mariana Islands, the (TRANSFER OF FUNDS) at least 30 days in advance of the proposed Marshall Islands, the Federated States of Mi- SEC. 8005. Upon determination by the Sec- contract award: Provided, That no part of cronesia, Palau, and Guam. retary of Defense that such action is nec- any appropriation contained in this Act shall SEC. 8010. (a) During fiscal year 2007, the ci- essary in the national interest, he may, with be available to initiate a multiyear contract vilian personnel of the Department of De- the approval of the Office of Management for which the economic order quantity ad- fense may not be managed on the basis of and Budget, transfer not to exceed vance procurement is not funded at least to any end-strength, and the management of $4,750,000,000 of working capital funds of the the limits of the Government’s liability: Pro- such personnel during that fiscal year shall Department of Defense or funds made avail- vided further, That no part of any appropria- not be subject to any constraint or limita- able in this Act to the Department of De- tion contained in this Act shall be available tion (known as an end-strength) on the num- fense for military functions (except military to initiate multiyear procurement contracts ber of such personnel who may be employed construction) between such appropriations for any systems or component thereof if the on the last day of such fiscal year. or funds or any subdivision thereof, to be value of the multiyear contract would ex- (b) The fiscal year 2008 budget request for ceed $500,000,000 unless specifically provided merged with and to be available for the same the Department of Defense as well as all jus- in this Act: Provided further, That no purposes, and for the same time period, as tification material and other documentation multiyear procurement contract can be ter- the appropriation or fund to which trans- supporting the fiscal year 2008 Department of minated without 10-day prior notification to ferred: Provided, That such authority to Defense budget request shall be prepared and the congressional defense committees: Pro- transfer may not be used unless for higher submitted to the Congress as if subsections priority items, based on unforeseen military vided further, That the execution of multiyear authority shall require the use of (a) and (b) of this provision were effective requirements, than those for which origi- a present value analysis to determine lowest with regard to fiscal year 2007. nally appropriated and in no case where the cost compared to an annual procurement: (c) Nothing in this section shall be con- item for which funds are requested has been Provided further, That none of the funds pro- strued to apply to military (civilian) techni- denied by the Congress: Provided further, vided in this Act may be used for a cians. That the Secretary of Defense shall notify multiyear contract executed after the date SEC. 8011. None of the funds made available the Congress promptly of all transfers made of the enactment of this Act unless in the by this Act shall be used in any way, directly pursuant to this authority or any other au- case of any such contract— or indirectly, to influence congressional ac- thority in this Act: Provided further, That no (1) the Secretary of Defense has submitted tion on any legislation or appropriation mat- part of the funds in this Act shall be avail- to Congress a budget request for full funding ters pending before the Congress. able to prepare or present a request to the of units to be procured through the contract SEC. 8012. None of the funds appropriated Committees on Appropriations for re- and, in the case of a contract for procure- by this Act shall be available for the basic programming of funds, unless for higher pri- ment of aircraft, that includes, for any air- pay and allowances of any member of the ority items, based on unforeseen military re- craft unit to be procured through the con- Army participating as a full-time student quirements, than those for which originally tract for which procurement funds are re- and receiving benefits paid by the Secretary appropriated and in no case where the item quested in that budget request for produc- of Veterans Affairs from the Department of for which reprogramming is requested has tion beyond advance procurement activities Defense Education Benefits Fund when time been denied by the Congress: Provided fur- in the fiscal year covered by the budget, full spent as a full-time student is credited to- ther, That a request for multiple funding of procurement of such unit in that ward completion of a service commitment: reprogrammings of funds using authority fiscal year; Provided, That this section shall not apply to provided in this section must be made prior (2) cancellation provisions in the contract those members who have reenlisted with this to June 30, 2007: Provided further, That trans- do not include consideration of recurring option prior to October 1, 1987: Provided fur- fers among military personnel appropria- manufacturing costs of the contractor asso- ther, That this section applies only to active tions shall not be taken into account for pur- ciated with the production of unfunded units components of the Army. poses of the limitation on the amount of to be delivered under the contract; SEC. 8013. (a) LIMITATION ON CONVERSION TO funds that may be transferred under this sec- (3) the contract provides that payments to CONTRACTOR PERFORMANCE.—None of the tion. the contractor under the contract shall not funds appropriated by this Act shall be avail- (TRANSFER OF FUNDS) be made in advance of incurred costs on able to convert to contractor performance an SEC. 8006. During the current fiscal year, funded units; and activity or function of the Department of cash balances in working capital funds of the (4) the contract does not provide for a price Defense that, on or after the date of the en- Department of Defense established pursuant adjustment based on a failure to award a fol- actment of this Act, is performed by more to section 2208 of title 10, United States low-on contract. than 10 Department of Defense civilian em- Code, may be maintained in only such Funds appropriated in title III of this Act ployees unless— amounts as are necessary at any time for may be used for a multiyear procurement (1) the conversion is based on the result of cash disbursements to be made from such contract as follows: a public-private competition that includes a

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most efficient and cost effective organiza- SEC. 8015. None of the funds in this Act 602 of Public Law 100–656, 102 Stat. 3825 (Busi- tion plan developed by such activity or func- may be available for the purchase by the De- ness Opportunity Development Reform Act tion; partment of Defense (and its departments of 1988) for purposes of contracting with (2) the Competitive Sourcing Official deter- and agencies) of welded shipboard anchor and agencies of the Department of Defense. mines that, over all performance periods mooring chain 4 inches in diameter and SEC. 8019. None of the funds appropriated stated in the solicitation of offers for per- under unless the anchor and mooring chain by this Act shall be available to perform any formance of the activity or function, the are manufactured in the United States from cost study pursuant to the provisions of OMB cost of performance of the activity or func- components which are substantially manu- Circular A–76 if the study being performed tion by a contractor would be less costly to factured in the United States: Provided, That exceeds a period of 24 months after initiation the Department of Defense by an amount for the purpose of this section manufactured of such study with respect to a single func- that equals or exceeds the lesser of— will include cutting, heat treating, quality tion activity or 30 months after initiation of (A) 10 percent of the most efficient organi- control, testing of chain and welding (includ- such study for a multi-function activity. zation’s personnel-related costs for perform- ing the forging and shot blasting process): SEC. 8020. Funds appropriated by this Act ance of that activity or function by Federal Provided further, That for the purpose of this for the American Forces Information Service employees; or section substantially all of the components shall not be used for any national or inter- (B) $10,000,000; and of anchor and mooring chain shall be consid- national political or psychological activities. (3) the contractor does not receive an ad- ered to be produced or manufactured in the SEC. 8021. During the current fiscal year, vantage for a proposal that would reduce United States if the aggregate cost of the the Department of Defense is authorized to costs for the Department of Defense by— components produced or manufactured in the incur obligations of not to exceed $350,000,000 (A) not making an employer-sponsored United States exceeds the aggregate cost of for purposes specified in section 2350j(c) of health insurance plan available to the work- the components produced or manufactured title 10, United States Code, in anticipation ers who are to be employed in the perform- outside the United States: Provided further, of receipt of contributions, only from the ance of that activity or function under the That when adequate domestic supplies are Government of Kuwait, under that section: contract; or not available to meet Department of Defense Provided, That upon receipt, such contribu- (B) offering to such workers an employer- requirements on a timely basis, the Sec- tions from the Government of Kuwait shall sponsored health benefits plan that requires retary of the service responsible for the pro- be credited to the appropriations or fund the employer to contribute less towards the curement may waive this restriction on a which incurred such obligations. premium or subscription share than the case-by-case basis by certifying in writing to SEC. 8022. (a) Of the funds made available amount that is paid by the Department of the Committees on Appropriations that such in this Act, not less than $36,188,000 shall be Defense for health benefits for civilian em- an acquisition must be made in order to ac- available for the Civil Air Patrol Corpora- ployees under chapter 89 of title 5, United quire capability for national security pur- tion, of which— States Code. poses. (1) $25,087,000 shall be available from ‘‘Op- (b) EXCEPTIONS.— SEC. 8016. None of the funds available to eration and Maintenance, Air Force’’ to sup- (1) The Department of Defense, without re- the Department of Defense may be used to port Civil Air Patrol Corporation operation gard to subsection (a) of this section or sub- demilitarize or dispose of M–1 Carbines, M–1 and maintenance, readiness, counterdrug ac- sections (a), (b), or (c) of section 2461 of title Garand rifles, M–14 rifles, .22 caliber rifles, tivities, and drug demand reduction activi- 10, United States Code, and notwithstanding .30 caliber rifles, or M–1911 pistols. ties involving youth programs; any administrative regulation, requirement, SEC. 8017. No more than $500,000 of the (2) $10,193,000 shall be available from ‘‘Air- or policy to the contrary shall have full au- funds appropriated or made available in this craft Procurement, Air Force’’; and thority to enter into a contract for the per- Act shall be used during a single fiscal year (3) $908,000 shall be available from ‘‘Other formance of any commercial or industrial for any single relocation of an organization, Procurement, Air Force’’ for vehicle pro- type function of the Department of Defense unit, activity or function of the Department curement. that— of Defense into or within the National Cap- (b) The Secretary of the Air Force should (A) is included on the procurement list es- ital Region: Provided, That the Secretary of waive reimbursement for any funds used by tablished pursuant to section 2 of the Javits- Defense may waive this restriction on a case- the Civil Air Patrol for counter-drug activi- Wagner-O’Day Act (41 U.S.C. 47); by-case basis by certifying in writing to the ties in support of Federal, State, and local (B) is planned to be converted to perform- congressional defense committees that such government agencies. ance by a qualified nonprofit agency for the a relocation is required in the best interest SEC. 8023. (a) None of the funds appro- blind or by a qualified nonprofit agency for of the Government. priated in this Act are available to establish other severely handicapped individuals in ac- SEC. 8018. In addition to the funds provided a new Department of Defense (department) cordance with that Act; or elsewhere in this Act, $8,000,000 is appro- federally funded research and development (C) is planned to be converted to perform- priated only for incentive payments author- center (FFRDC), either as a new entity, or as ance by a qualified firm under at least 51 per- ized by section 504 of the Indian Financing a separate entity administrated by an orga- cent ownership by an Indian tribe, as defined Act of 1974 (25 U.S.C. 1544): Provided, That a nization managing another FFRDC, or as a in section 4(e) of the Indian Self-Determina- prime contractor or a subcontractor at any nonprofit membership corporation con- tion and Education Assistance Act (25 U.S.C. tier that makes a subcontract award to any sisting of a consortium of other FFRDCs and 450b(e)), or a Native Hawaiian Organization, subcontractor or supplier as defined in sec- other non-profit entities. as defined in section 8(a)(15) of the Small tion 1544 of title 25, United States Code or a (b) No member of a Board of Directors, Business Act (15 U.S.C. 637(a)(15)). small business owned and controlled by an Trustees, Overseers, Advisory Group, Special (2) This section shall not apply to depot individual or individuals defined under sec- Issues Panel, Visiting Committee, or any contracts or contracts for depot mainte- tion 4221(9) of title 25, United States Code similar entity of a defense FFRDC, and no nance as provided in sections 2469 and 2474 of shall be considered a contractor for the pur- paid consultant to any defense FFRDC, ex- title 10, United States Code. poses of being allowed additional compensa- cept when acting in a technical advisory ca- (c) TREATMENT OF CONVERSION.—The con- tion under section 504 of the Indian Financ- pacity, may be compensated for his or her version of any activity or function of the De- ing Act of 1974 (25 U.S.C. 1544) whenever the services as a member of such entity, or as a partment of Defense under the authority prime contract or subcontract amount is paid consultant by more than one FFRDC in provided by this section shall be credited to- over $500,000 and involves the expenditure of a fiscal year: Provided, That a member of any ward any competitive or outsourcing goal, funds appropriated by an Act making Appro- such entity referred to previously in this target, or measurement that may be estab- priations for the Department of Defense with subsection shall be allowed travel expenses lished by statute, regulation, or policy and is respect to any fiscal year: Provided further, and per diem as authorized under the Federal deemed to be awarded under the authority That notwithstanding section 430 of title 41, Joint Travel Regulations, when engaged in of, and in compliance with, subsection (h) of United States Code, this section shall be ap- the performance of membership duties. section 2304 of title 10, United States Code, plicable to any Department of Defense acqui- (c) Notwithstanding any other provision of for the competition or outsourcing of com- sition of supplies or services, including any law, none of the funds available to the de- mercial activities. contract and any subcontract at any tier for partment from any source during fiscal year (TRANSFER OF FUNDS) acquisition of commercial items produced or 2007 may be used by a defense FFRDC, SEC. 8014. Funds appropriated in title III of manufactured, in whole or in part by any through a fee or other payment mechanism, this Act for the Department of Defense Pilot subcontractor or supplier defined in section for construction of new buildings, for pay- Mentor-Protege Program may be transferred 1544 of title 25, United States Code or a small ment of cost sharing for projects funded by to any other appropriation contained in this business owned and controlled by an indi- Government grants, for absorption of con- Act solely for the purpose of implementing a vidual or individuals defined under section tract overruns, or for certain charitable con- Mentor-Protege Program developmental as- 4221(9) of title 25, United States Code: Pro- tributions, not to include employee partici- sistance agreement pursuant to section 831 vided further, That, during the current fiscal pation in community service and/or develop- of the National Defense Authorization Act year and hereafter, businesses certified as ment. for Fiscal Year 1991 (Public Law 101–510; 10 8(a) by the Small Business Administration (d) Notwithstanding any other provision of U.S.C. 2302 note), as amended, under the au- pursuant to section 8(a)(15) of Public Law 85– law, of the funds available to the department thority of this provision or any other trans- 536, as amended, shall have the same status during fiscal year 2007, not more than 5,417 fer authority contained in this Act. as other program participants under section staff years of technical effort (staff years)

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4262 CONGRESSIONAL RECORD — HOUSE June 20, 2006 may be funded for defense FFRDCs: Provided, (b) The Secretary of Defense shall submit (b) The fiscal year 2008 budget request for That this subsection shall not apply to staff to the Congress a report on the amount of the Department of Defense as well as all jus- years funded in the National Intelligence Department of Defense purchases from for- tification material and other documentation Program (NIP) and the Military Intelligence eign entities in fiscal year 2007. Such report supporting the fiscal year 2008 Department of Program (MIP). shall separately indicate the dollar value of Defense budget shall be prepared and sub- (e) The Secretary of Defense shall, with the items for which the Buy American Act was mitted to the Congress on the basis that any submission of the department’s fiscal year waived pursuant to any agreement described equipment which was classified as an end 2008 budget request, submit a report pre- in subsection (a)(2), the Trade Agreement item and funded in a procurement appropria- senting the specific amounts of staff years of Act of 1979 (19 U.S.C. 2501 et seq.), or any tion contained in this Act shall be budgeted technical effort to be allocated for each de- international agreement to which the United for in a proposed fiscal year 2008 procure- fense FFRDC during that fiscal year. States is a party. ment appropriation and not in the supply (f) Notwithstanding any other provision of (c) For purposes of this section, the term management business area or any other area this Act, the total amount appropriated in ‘‘Buy American Act’’ means title III of the or category of the Department of Defense this Act for FFRDCs is hereby reduced by Act entitled ‘‘An Act making appropriations Working Capital Funds. $25,000,000. for the Treasury and Post Office Depart- SEC. 8033. None of the funds appropriated SEC. 8024. None of the funds appropriated ments for the fiscal year ending June 30, by this Act for programs of the Central In- or made available in this Act shall be used to 1934, and for other purposes’’, approved telligence Agency shall remain available for procure carbon, alloy or armor steel plate for March 3, 1933 (41 U.S.C. 10a et seq.). obligation beyond the current fiscal year, ex- use in any Government-owned facility or SEC. 8028. Notwithstanding any other pro- cept for funds appropriated for the Reserve property under the control of the Depart- vision of law, funds available during the cur- for Contingencies, which shall remain avail- ment of Defense which were not melted and rent fiscal year and hereafter for ‘‘Drug able until September 30, 2008: Provided, That rolled in the United States or Canada: Pro- Interdiction and Counter-Drug Activities, funds appropriated, transferred, or otherwise vided, That these procurement restrictions Defense’’ may be obligated for the Young credited to the Central Intelligence Agency shall apply to any and all Federal Supply Marines program. Central Services Working Capital Fund dur- Class 9515, American Society of Testing and SEC. 8029. During the current fiscal year, ing this or any prior or subsequent fiscal Materials (ASTM) or American Iron and amounts contained in the Department of De- year shall remain available until expended: Steel Institute (AISI) specifications of car- fense Overseas Military Facility Investment Provided further, That any funds appropriated bon, alloy or armor steel plate: Provided fur- Recovery Account established by section or transferred to the Central Intelligence ther, That the Secretary of the military de- 2921(c)(1) of the National Defense Authoriza- Agency for advanced research and develop- partment responsible for the procurement tion Act of 1991 (Public Law 101–510; 10 U.S.C. ment acquisition, for agent operations, and may waive this restriction on a case-by-case 2687 note) shall be available until expended for covert action programs authorized by the basis by certifying in writing to the Commit- for the payments specified by section President under section 503 of the National tees on Appropriations of the House of Rep- 2921(c)(2) of that Act. Security Act of 1947, as amended, shall re- resentatives and the Senate that adequate SEC. 8030. (a) IN GENERAL.—Notwith- main available until September 30, 2008. domestic supplies are not available to meet standing any other provision of law, the Sec- SEC. 8034. Notwithstanding any other pro- Department of Defense requirements on a retary of the Air Force may convey at no vision of law, funds made available in this timely basis and that such an acquisition cost to the Air Force, without consideration, Act for the Defense Intelligence Agency may must be made in order to acquire capability to Indian tribes located in the States of be used for the design, development, and de- for national security purposes: Provided fur- North Dakota, South Dakota, Montana, and ployment of General Defense Intelligence ther, That these restrictions shall not apply Minnesota relocatable military housing Program intelligence communications and to contracts which are in being as of the date units located at Grand Forks Air Force Base intelligence information systems for the of the enactment of this Act. and Minot Air Force Base that are excess to Services, the Unified and Specified Com- SEC. 8025. For the purposes of this Act, the the needs of the Air Force. mands, and the component commands. term ‘‘congressional defense committees’’ (b) PROCESSING OF REQUESTS.—The Sec- SEC. 8035. (a) None of the funds appro- means the Armed Services Committee of the retary of the Air Force shall convey, at no priated in this Act may be expended by an House of Representatives, the Armed Serv- cost to the Air Force, military housing units entity of the Department of Defense unless ices Committee of the Senate, the Sub- under subsection (a) in accordance with the the entity, in expending the funds, complies committee on Defense of the Committee on request for such units that are submitted to with the Buy American Act. For purposes of Appropriations of the Senate, and the Sub- the Secretary by the Operation Walking this subsection, the term ‘‘Buy American committee on Defense of the Committee on Shield Program on behalf of Indian tribes lo- Act’’ means title III of the Act entitled ‘‘An Appropriations of the House of Representa- cated in the States of North Dakota, South Act making appropriations for the Treasury tives. Dakota, Montana, and Minnesota. and Post Office Departments for the fiscal SEC. 8026. During the current fiscal year, (c) RESOLUTION OF HOUSING UNIT CON- year ending June 30, 1934, and for other pur- the Department of Defense may acquire the FLICTS.—The Operation Walking Shield Pro- poses’’, approved March 3, 1933 (41 U.S.C. 10a modification, depot maintenance and repair gram shall resolve any conflicts among re- et seq.). of aircraft, vehicles and vessels as well as the quests of Indian tribes for housing units (b) If the Secretary of Defense determines production of components and other Defense- under subsection (a) before submitting re- that a person has been convicted of inten- related articles, through competition be- quests to the Secretary of the Air Force tionally affixing a label bearing a ‘‘Made in tween Department of Defense depot mainte- under subsection (b). America’’ inscription to any product sold in nance activities and private firms: Provided, (d) INDIAN TRIBE DEFINED.—In this section, or shipped to the United States that is not That the Senior Acquisition Executive of the the term ‘‘Indian tribe’’ means any recog- made in America, the Secretary shall deter- military department or Defense Agency con- nized Indian tribe included on the current mine, in accordance with section 2410f of cerned, with power of delegation, shall cer- list published by the Secretary of the Inte- title 10, United States Code, whether the per- tify that successful bids include comparable rior under section 104 of the Federally Rec- son should be debarred from contracting estimates of all direct and indirect costs for ognized Indian Tribe Act of 1994 (Public Law with the Department of Defense. both public and private bids: Provided further, 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). (c) In the case of any equipment or prod- That Office of Management and Budget Cir- SEC. 8031. During the current fiscal year, ucts purchased with appropriations provided cular A–76 shall not apply to competitions appropriations which are available to the De- under this Act, it is the sense of the Congress conducted under this section. partment of Defense for operation and main- that any entity of the Department of De- SEC. 8027. (a)(1) If the Secretary of Defense, tenance may be used to purchase items hav- fense, in expending the appropriation, pur- after consultation with the United States ing an investment item unit cost of not more chase only American-made equipment and Trade Representative, determines that a for- than $250,000. products, provided that American-made eign country which is party to an agreement SEC. 8032. (a) During the current fiscal equipment and products are cost-competi- described in paragraph (2) has violated the year, none of the appropriations or funds tive, quality-competitive, and available in a terms of the agreement by discriminating available to the Department of Defense timely fashion. against certain types of products produced in Working Capital Funds shall be used for the SEC. 8036. None of the funds appropriated the United States that are covered by the purchase of an investment item for the pur- by this Act shall be available for a contract agreement, the Secretary of Defense shall re- pose of acquiring a new inventory item for for studies, analysis, or consulting services scind the Secretary’s blanket waiver of the sale or anticipated sale during the current entered into without competition on the Buy American Act with respect to such fiscal year or a subsequent fiscal year to cus- basis of an unsolicited proposal unless the types of products produced in that foreign tomers of the Department of Defense Work- head of the activity responsible for the pro- country. ing Capital Funds if such an item would not curement determines— (2) An agreement referred to in paragraph have been chargeable to the Department of (1) as a result of thorough technical eval- (1) is any reciprocal defense procurement Defense Business Operations Fund during fis- uation, only one source is found fully quali- memorandum of understanding, between the cal year 1994 and if the purchase of such an fied to perform the proposed work; United States and a foreign country pursu- investment item would be chargeable during (2) the purpose of the contract is to explore ant to which the Secretary of Defense has the current fiscal year to appropriations an unsolicited proposal which offers signifi- prospectively waived the Buy American Act made to the Department of Defense for pro- cant scientific or technological promise, rep- for certain products in that country. curement. resents the product of original thinking, and

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4263 was submitted in confidence by one source; ized positions for military (civilian) techni- in order to acquire capability for national se- or cians of the Army National Guard, the Air curity purposes that is not available from (3) the purpose of the contract is to take National Guard, Army Reserve and Air Force United States manufacturers. advantage of unique and significant indus- Reserve for the purpose of applying any ad- SEC. 8047. Notwithstanding any other pro- trial accomplishment by a specific concern, ministratively imposed civilian personnel vision of law, each contract awarded by the or to insure that a new product or idea of a ceiling, freeze, or reduction on military (ci- Department of Defense during the current specific concern is given financial support: vilian) technicians, unless such reductions fiscal year for construction or service per- Provided, That this limitation shall not are a direct result of a reduction in military formed in whole or in part in a State (as de- apply to contracts in an amount of less than force structure. fined in section 381(d) of title 10, United $25,000, contracts related to improvements of SEC. 8041. None of the funds appropriated States Code) which is not contiguous with equipment that is in development or produc- or otherwise made available in this Act may another State and has an unemployment tion, or contracts as to which a civilian offi- be obligated or expended for assistance to rate in excess of the national average rate of cial of the Department of Defense, who has the Democratic People’s Republic of North unemployment as determined by the Sec- been confirmed by the Senate, determines Korea unless specifically appropriated for retary of Labor, shall include a provision re- that the award of such contract is in the in- that purpose. quiring the contractor to employ, for the purpose of performing that portion of the terest of the national defense. SEC. 8042. Funds appropriated in this Act contract in such State that is not contiguous SEC. 8037. (a) Except as provided in sub- for operation and maintenance of the Mili- with another State, individuals who are resi- section (b) and (c), none of the funds made tary Departments, Combatant Commands dents of such State and who, in the case of available by this Act may be used— and Defense Agencies shall be available for any craft or trade, possess or would be able (1) to establish a field operating agency; or reimbursement of pay, allowances and other expenses which would otherwise be incurred to acquire promptly the necessary skills: (2) to pay the basic pay of a member of the Provided, That the Secretary of Defense may Armed Forces or civilian employee of the de- against appropriations for the National Guard and Reserve when members of the Na- waive the requirements of this section, on a partment who is transferred or reassigned case-by-case basis, in the interest of national from a headquarters activity if the member tional Guard and Reserve provide intel- ligence or counterintelligence support to security. or employee’s place of duty remains at the SEC. 8048. None of the funds made available Combatant Commands, Defense Agencies and location of that headquarters. in this or any other Act may be used to pay (b) The Secretary of Defense or Secretary Joint Intelligence Activities, including the the salary of any officer or employee of the of a military department may waive the lim- activities and programs included within the Department of Defense who approves or im- itations in subsection (a), on a case-by-case National Intelligence Program, and the Mili- plements the transfer of administrative re- basis, if the Secretary determines, and cer- tary Intelligence Program: Provided, That sponsibilities or budgetary resources of any tifies to the Committees on Appropriations nothing in this section authorizes deviation program, project, or activity financed by of the House of Representatives and Senate from established Reserve and National Guard this Act to the jurisdiction of another Fed- that the granting of the waiver will reduce personnel and training procedures. eral agency not financed by this Act without the personnel requirements or the financial SEC. 8043. During the current fiscal year, the express authorization of Congress: Pro- requirements of the department. none of the funds appropriated in this Act vided, That this limitation shall not apply to (c) This section does not apply to— may be used to reduce the civilian medical transfers of funds expressly provided for in (1) field operating agencies funded within and medical support personnel assigned to Defense Appropriations Acts, or provisions of the National Intelligence Program; or military treatment facilities below the Sep- Acts providing supplemental appropriations (2) an Army field operating agency estab- tember 30, 2003, level: Provided, That the for the Department of Defense. lished to eliminate, mitigate, or counter the Service Surgeons General may waive this SEC. 8049. (a) LIMITATION ON TRANSFER OF effects of improvised explosive devices, and, section by certifying to the congressional de- DEFENSE ARTICLES AND SERVICES.—Notwith- as determined by the Secretary of the Army, fense committees that the beneficiary popu- standing any other provision of law, none of other similar threats. lation is declining in some catchment areas the funds available to the Department of De- SEC. 8038. The Secretary of Defense, acting and civilian strength reductions may be con- fense for the current fiscal year may be obli- through the Office of Economic Adjustment sistent with responsible resource steward- gated or expended to transfer to another na- of the Department of Defense, notwith- ship and capitation-based budgeting. tion or an international organization any de- standing any other provision of law, may use SEC. 8044. (a) None of the funds available to fense articles or services (other than intel- funds made available in this Act under the the Department of Defense for any fiscal ligence services) for use in the activities de- heading ‘‘Operation and Maintenance, De- year for drug interdiction or counter-drug scribed in subsection (b) unless the congres- fense-Wide’’ to make grants and supplement activities may be transferred to any other sional defense committees, the Committee other Federal funds in accordance with the department or agency of the United States on International Relations of the House of guidance provided in the House report ac- except as specifically provided in an appro- Representatives, and the Committee on For- companying this Act, and the projects speci- priations law. eign Relations of the Senate are notified 15 (b) None of the funds available to the Cen- fied in such guidance shall be considered to days in advance of such transfer. tral Intelligence Agency for any fiscal year be authorized by law. (b) COVERED ACTIVITIES.—This section ap- for drug interdiction and counter-drug ac- plies to— (RESCISSIONS) tivities may be transferred to any other de- (1) any international peacekeeping or SEC. 8039. Of the funds appropriated in De- partment or agency of the United States ex- peace-enforcement operation under the au- partment of Defense Appropriations Acts, cept as specifically provided in an appropria- thority of chapter VI or chapter VII of the the following funds are hereby rescinded tions law. United Nations Charter under the authority from the following accounts and programs in SEC. 8045. None of the funds appropriated of a United Nations Security Council resolu- the specified amounts: by this Act may be used for the procurement tion; and ‘‘Other Procurement, Army, 2006/2008’’, of ball and roller bearings other than those (2) any other international peacekeeping, $100,200,000; produced by a domestic source and of domes- peace-enforcement, or humanitarian assist- ‘‘Aircraft Procurement, Navy, 2006/2008’’, tic origin: Provided, That the Secretary of ance operation. $76,200,000; the military department responsible for such (c) REQUIRED NOTICE.—A notice under sub- ‘‘Shipbuilding and Conversion, Navy, 2003/ procurement may waive this restriction on a section (a) shall include the following: 2007’’, $15,000,000; case-by-case basis by certifying in writing to (1) A description of the equipment, sup- ‘‘Shipbuilding and Conversion, Navy, 2005/ the Committees on Appropriations of the plies, or services to be transferred. 2009’’, $11,245,000; House of Representatives and the Senate, (2) A statement of the value of the equip- ‘‘Aircraft Procurement, Air Force, 2005/ that adequate domestic supplies are not ment, supplies, or services to be transferred. 2007’’, $108,000,000; available to meet Department of Defense re- (3) In the case of a proposed transfer of ‘‘Aircraft Procurement, Air Force, 2006/ quirements on a timely basis and that such equipment or supplies— 2008’’, $64,000,000; an acquisition must be made in order to ac- (A) a statement of whether the inventory ‘‘Missile Procurement, Air Force, 2005/ quire capability for national security pur- requirements of all elements of the Armed 2007’’, $29,600,000; poses: Provided further, That this restriction Forces (including the reserve components) ‘‘Missile Procurement, Air Force, 2006/ shall not apply to the purchase of ‘‘commer- for the type of equipment or supplies to be 2008’’, $138,000,000; cial items’’, as defined by section 4(12) of the transferred have been met; and ‘‘Research, Development, Test and Evalua- Office of Federal Procurement Policy Act, (B) a statement of whether the items pro- tion, Army, 2006/2007’’, $21,600,000; except that the restriction shall apply to posed to be transferred will have to be re- ‘‘Research, Development, Test and Evalua- ball or roller bearings purchased as end placed and, if so, how the President proposes tion, Navy, 2006/2007’’, $42,577,000; items. to provide funds for such replacement. ‘‘Research, Development, Test and Evalua- SEC. 8046. None of the funds in this Act SEC. 8050. None of the funds available to tion, Air Force, 2006/2007’’, $92,800,000; and may be used to purchase any supercomputer the Department of Defense under this Act ‘‘Research, Development, Test and Evalua- which is not manufactured in the United shall be obligated or expended to pay a con- tion, Defense-Wide, 2006/2007’’, $123,900,000. States, unless the Secretary of Defense cer- tractor under a contract with the Depart- SEC. 8040. None of the funds available in tifies to the congressional defense commit- ment of Defense for costs of any amount paid this Act may be used to reduce the author- tees that such an acquisition must be made by the contractor to an employee when—

VerDate Aug 31 2005 03:33 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4264 CONGRESSIONAL RECORD — HOUSE June 20, 2006 (1) such costs are for a bonus or otherwise further, That at Landstuhl Army Regional will be very, very positive. This air- in excess of the normal salary paid by the Medical Center and Ramstein Air Base, fur- craft, this weapons system, has a lot of contractor to the employee; and nished heat may be obtained from private, great technology that we have to pro- (2) such bonus is part of restructuring costs regional or municipal services, if provisions tect. So we have to work out the prop- associated with a business combination. are included for the consideration of United er language, and we will do that as we (INCLUDING TRANSFER OF FUNDS) States coal as an energy source. SEC. 8055. None of the funds appropriated in go through the conference. SEC. 8051. During the current fiscal year, title IV of this Act may be used to procure We are willing to accept the amend- no more than $30,000,000 of appropriations end-items for delivery to military forces for ment with that understanding. made in this Act under the heading ‘‘Oper- operational training, operational use or in- Mr. OBEY. Mr. Chairman, I move to ation and Maintenance, Defense-Wide’’ may ventory requirements: Provided, That this re- be transferred to appropriations available for strike the last word. striction does not apply to end-items used in the pay of military personnel, to be merged Mr. Chairman, I think the House development, prototyping, and test activi- with, and to be available for the same time needs to understand the history of this. ties preceding and leading to acceptance for period as the appropriations to which trans- Back in 1997, when the F–22 was first operational use: Provided further, That this ferred, to be used in support of such per- being contemplated, there was a con- restriction does not apply to programs fund- sonnel in connection with support and serv- troversy about whether it should be ed within the National Intelligence Program: ices for eligible organizations and activities Provided further, That the Secretary of De- built, whether it was needed, given the outside the Department of Defense pursuant fense may waive this restriction on a case- capability of our other aircraft. We to section 2012 of title 10, United States by-case basis by certifying in writing to the were told that we had to go ahead and Code. Committees on Appropriations of the House construct the plane because we had SEC. 8052. During the current fiscal year, in the case of an appropriation account of the of Representatives and the Senate that it is given away so much technology by sell- Department of Defense for which the period in the national security interest to do so. ing other high performance aircraft, F– SEC. 8056. Notwithstanding any other pro- of availability for obligation has expired or 15s, F–16s, that we had to regain our vision of law, funds available to the Depart- which has closed under the provisions of sec- technological edge. ment of Defense shall be made available to tion 1552 of title 31, United States Code, and So I said, well, if that is the case, if provide transportation of medical supplies which has a negative unliquidated or unex- and equipment, on a nonreimbursable basis, we are going to build the thing, at pended balance, an obligation or an adjust- to American Samoa, and funds available to least let’s make certain that we hang ment of an obligation may be charged to any the Department of Defense shall be made onto our technology edge this time. current appropriation account for the same available to provide transportation of med- Hence, the language in section 8057. purpose as the expired or closed account if— ical supplies and equipment, on a non- Now, I must confess that times may (1) the obligation would have been properly reimbursable basis, to the Indian Health chargeable (except as to amount) to the ex- have changed, but I don’t know that we Service when it is in conjunction with a pired or closed account before the end of the are yet at the point that would justify civil-military project. period of availability or closing of that ac- removing these limitations. My own count; The Acting CHAIRMAN. Are there preference, given my biases about arms (2) the obligation is not otherwise properly amendments to that portion of the sales around the world, my own pref- chargeable to any current appropriation ac- bill? erence would be to impose the same count of the Department of Defense; and If not, the Clerk will read. kind of limitations on new aircraft (3) in the case of an expired account, the The Clerk will read as follows: that we are developing, such as the F– obligation is not chargeable to a current ap- SEC. 8057. None of the funds made available 35, as we impose now on the F–22. But propriation of the Department of Defense in this Act may be used to approve or license under the provisions of section 1405(b)(8) of I recognize that that is not in the the sale of the F/A–22 advanced tactical cards, given the mindset of the Con- the National Defense Authorization Act for fighter to any foreign government. Fiscal Year 1991, Public Law 101–510, as gress these days. amended (31 U.S.C. 1551 note): Provided, That AMENDMENT OFFERED BY MS. GRANGER So given that fact, I would simply in the case of an expired account, if subse- Ms. GRANGER. Mr. Chairman, I offer say that I have indicated on numerous quent review or investigation discloses that an amendment. occasions that I have an open mind and there was not in fact a negative unliquidated The Clerk read as follows: I would be willing to be persuaded, but or unexpended balance in the account, any Amendment offered by Ms. GRANGER: I am not yet convinced that we are at charge to a current account under the au- Strike section 8057 (page 73, lines 6 through the point where we ought to relinquish thority of this section shall be reversed and 8). the controls on the export of this air- recorded against the expired account: Pro- Ms. GRANGER. Mr. Chairman, my craft. vided further, That the total amount charged amendment simply deletes section 8057 to a current appropriation under this section I recognize what the committee is may not exceed an amount equal to 1 percent of the underlying bill. While there was about to do, but I am significantly un- of the total appropriation for that account. merit in including this provision in comfortable with it, and I am certainly SEC. 8053. (a) Notwithstanding any other 1997 when it was first enacted, the pro- not convinced that we have reached the provision of law, the Chief of the National vision has become unnecessary due to point where we ought to remove these Guard Bureau may permit the use of equip- comprehensive safeguards enacted into restrictions. I would simply ask the ment of the National Guard Distance Learn- permanent law under the Arms Export chairman, I would hope that if the ing Project by any person or entity on a Control Act, which is vigorously en- committee does intend to accept this space-available, reimbursable basis. The Chief of the National Guard Bureau shall es- forced by the Department of Defense. amendment, that it will have an in- tablish the amount of reimbursement for I believe this provision of this bill is depth discussion with the Pentagon to such use on a case-by-case basis. no longer necessary to safeguard our make certain that we know exactly (b) Amounts collected under subsection (a) technology. I have discussed this what we are doing in terms of the kind shall be credited to funds available for the amendment with both sides, and I ask of technology that we might be letting National Guard Distance Learning Project that it be adopted. loose, that it might not be in the inter- and be available to defray the costs associ- Mr. YOUNG of Florida. Mr. Chair- est of this country to do. ated with the use of equipment of the project man, I move to strike the last word. Mr. YOUNG of Florida. Mr. Chair- under that subsection. Such funds shall be Mr. Chairman, the original language man, will the gentleman yield? available for such purposes without fiscal I thought was extremely important at year limitation. Mr. OBEY. I yield to the gentleman SEC. 8054. Using funds available by this Act the time that it was adopted by the from Florida. or any other Act, the Secretary of the Air House. It was adopted as an amend- Mr. YOUNG of Florida. Mr. Chair- Force, pursuant to a determination under ment by Mr. OBEY in 1997. But I believe man, I want to assure the gentleman section 2690 of title 10, United States Code, that probably it has outlived its neces- that protecting this technology is ex- may implement cost-effective agreements sity. tremely important to this chairman. for required heating facility modernization I would say to the gentlewoman that This is a super aircraft. It is just an un- in the Kaiserslautern Military Community we will agree to this amendment. How- believable weapons system. Mr. MUR- in the Federal Republic of Germany: Pro- ever, I would like to advise her and the THA and I have both seen it fly, we have vided, That in the City of Kaiserslautern such agreements will include the use of House that as we move to the con- talked with the pilots who fly it, we United States anthracite as the base load en- ference on this bill, we are going to be have seen the systems that they use, ergy for municipal district heat to the extremely involved in determining and this gives us technology superi- United States Defense installations: Provided that the protection of our technology ority in the air. Anyone that goes into

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.033 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4265 any kind of a battle will tell you that gentleman makes a very good point, Provided, That the Secretary of Defense may they want to make sure that those air- and it has not fallen on deaf ears. waive this restriction on a case-by-case basis craft overhead belong to us and not to The Acting CHAIRMAN. The ques- by certifying in writing to the Committees the other guys. tion is on the amendment offered by on Appropriations of the House of Represent- atives and the Senate that adequate domes- So we are going to be extremely care- the gentlewoman from Texas (Ms. tic supplies are not available to meet De- ful before we allow this to happen, that GRANGER). partment of Defense requirements on a time- the technology will be protected and The amendment was agreed to. ly basis and that such an acquisition must be that it will be available, the aircraft, The Acting CHAIRMAN. The Clerk made in order to acquire capability for na- the sales would only be available to will read. tional security purposes or there exists a sig- those who are unquestionable sup- The Clerk read as follows: nificant cost or quality difference. SEC. 8061. None of the funds appropriated porters, and allies, of the United SEC. 8058. (a) The Secretary of Defense States. or otherwise made available by this or other may, on a case-by-case basis, waive with re- Department of Defense Appropriations Acts Mr. OBEY. Mr. Chairman, I would spect to a foreign country each limitation on may be obligated or expended for the purpose simply say that is useful, but I am still the procurement of defense items from for- of performing repairs or maintenance to concerned about the fact that we will eign sources provided in law if the Secretary military family housing units of the Depart- be allowing a very high-technology air- determines that the application of the limi- ment of Defense, including areas in such craft to wind up in the hands of people tation with respect to that country would in- military family housing units that may be who may be allies today, but God validate cooperative programs entered into used for the purpose of conducting official between the Department of Defense and the knows what they are going to be to- Department of Defense business. foreign country, or would invalidate recip- SEC. 8062. Notwithstanding any other pro- morrow. rocal trade agreements for the procurement Mr. BLUMENAUER. Mr. Chairman, I vision of law, funds appropriated in this Act of defense items entered into under section under the heading ‘‘Research, Development, move to strike the last word. 2531 of title 10, United States Code, and the Test and Evaluation, Defense-Wide’’ for any Mr. Chairman, I find the exchange country does not discriminate against the new start advanced concept technology dem- between the Chair, the ranking mem- same or similar defense items produced in onstration project may only be obligated 30 ber, and the gentlewoman from Texas the United States for that country. days after a report, including a description to be very interesting; I appreciate the (b) Subsection (a) applies with respect to— of the project, the planned acquisition and sensitivity with which it is being ap- (1) contracts and subcontracts entered into transition strategy and its estimated annual proached by the subcommittee as we on or after the date of the enactment of this and total cost, has been provided in writing Act; and move on to conference. I hope that to the congressional defense committees: (2) options for the procurement of items Provided, That the Secretary of Defense may there will be a way, sooner, rather than that are exercised after such date under con- later, that we can have a broader con- waive this restriction on a case-by-case basis tracts that are entered into before such date by certifying to the congressional defense versation about export controls and if the option prices are adjusted for any rea- committees that it is in the national inter- about dual use technology, because I son other than the application of a waiver est to do so. am hearing on a regular basis that we granted under subsection (a). SEC. 8063. The Secretary of Defense shall are not correlating these in ways that (c) Subsection (a) does not apply to a limi- provide a classified quarterly report begin- are in the best interest of our national tation regarding construction of public ves- ning 30 days after enactment of this Act, to security and in terms of the way that sels, ball and roller bearings, food, and cloth- the House and Senate Appropriations Com- ing or textile materials as defined by section mittees, Subcommittees on Defense on cer- we are practicing technology control in 11 (chapters 50–65) of the Harmonized Tariff the ordinary course of business. tain matters as directed in the classified Schedule and products classified under head- annex accompanying this Act. Now, in the International Relations ings 4010, 4202, 4203, 6401 through 6406, 6505, SEC. 8064. During the current fiscal year, Committee we have fallen a little short 7019, 7218 through 7229, 7304.41 through refunds attributable to the use of the Gov- of the mark because we haven’t come 7304.49, 7306.40, 7502 through 7508, 8105, 8108, ernment travel card, refunds attributable to forward with legislation under our ju- 8109, 8211, 8215, and 9404. the use of the Government Purchase Card risdiction dealing with an update of SEC. 8059. (a) PROHIBITION.—None of the and refunds attributable to official Govern- this issue. I would hope that the con- funds made available by this Act may be ment travel arranged by Government Con- versation that the chairman talks used to support any training program involv- tracted Travel Management Centers may be ing a unit of the security forces of a foreign credited to operation and maintenance, and about could be done in a broader con- country if the Secretary of Defense has re- text in terms of what we are doing, to research, development, test and evaluation ceived credible information from the Depart- accounts of the Department of Defense which make sure that we are not driving ment of State that the unit has committed a are current when the refunds are received. other areas of technology overseas and gross violation of human rights, unless all SEC. 8065. (a) REGISTERING FINANCIAL MAN- working to our competitive disadvan- necessary corrective steps have been taken. AGEMENT INFORMATION TECHNOLOGY SYSTEMS tage. (b) MONITORING.—The Secretary of Defense, WITH DOD CHIEF INFORMATION OFFICER.— I have also heard stories that I be- in consultation with the Secretary of State, None of the funds appropriated in this Act lieve to be credible, which I look for- shall ensure that prior to a decision to con- may be used for a mission critical or mission ward to maybe advancing further with duct any training program referred to in sub- essential financial management information the distinguished gentleman, where section (a), full consideration is given to all technology system (including a system fund- credible information available to the Depart- ed by the defense working capital fund) that there have been situations where our ment of State relating to human rights vio- is not registered with the Chief Information allies are using our equipment, but we lations by foreign security forces. Officer of the Department of Defense. A sys- have artificial barriers in place to be (c) WAIVER.—The Secretary of Defense, tem shall be considered to be registered with able to have them use things like spare after consultation with the Secretary of that officer upon the furnishing to that offi- parts and technical manuals to be able State, may waive the prohibition in sub- cer of notice of the system, together with to use them. I’ve heard there are odd section (a) if he determines that such waiver such information concerning the system as sorts of jerry-rigged solutions that is required by extraordinary circumstances. the Secretary of Defense may prescribe. A fi- take place in the theater of battle that (d) REPORT.—Not more than 15 days after nancial management information technology look to be on their face nonsensical the exercise of any waiver under subsection system shall be considered a mission critical (c), the Secretary of Defense shall submit a or mission essential information technology and perhaps driving people to do things report to the congressional defense commit- system as defined by the Under Secretary of that in the long run may provide prob- tees describing the extraordinary cir- Defense (Comptroller). lems for protecting our technology. cumstances, the purpose and duration of the (b) CERTIFICATIONS AS TO COMPLIANCE WITH While I have no objection to this training program, the United States forces FINANCIAL MANAGEMENT MODERNIZATION amendment and I appreciate the words and the foreign security forces involved in PLAN.— of the chairman, I am hopeful that this the training program, and the information (1) During the current fiscal year, a finan- can be done in a broader context to relating to human rights violations that ne- cial management automated information make sure that we are achieving our cessitates the waiver. system, a mixed information system sup- objectives, not freezing things in amber SEC. 8060. None of the funds appropriated porting financial and non-financial systems, or made available in this Act to the Depart- or a system improvement of more than rather working against the long-term ment of the Navy shall be used to develop, $1,000,000 may not receive Milestone A ap- interests of both American business lease or procure the T–AKE class of ships un- proval, Milestone B approval, or full rate and American technology. less the main propulsion diesel engines and production, or their equivalent, within the Mr. YOUNG of Florida. Mr. Chair- propulsors are manufactured in the United Department of Defense until the Under Sec- man, if the gentleman will yield, the States by a domestically operated entity: retary of Defense (Comptroller) certifies,

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with respect to that milestone, that the sys- nomenclature designation of ‘‘armor pene- SEC. 8073. Section 8106 of the Department tem is being developed and managed in ac- trator’’, ‘‘armor piercing (AP)’’, ‘‘armor of Defense Appropriations Act, 1997 (titles I cordance with the Department’s Financial piercing incendiary (API)’’, or ‘‘armor-pierc- through VIII of the matter under subsection Management Modernization Plan. The Under ing incendiary-tracer (API–T)’’, except to an 101(b) of Public Law 104–208; 110 Stat. 3009– Secretary of Defense (Comptroller) may re- entity performing demilitarization services 111; 10 U.S.C. 113 note) shall continue in ef- quire additional certifications, as appro- for the Department of Defense under a con- fect to apply to disbursements that are made priate, with respect to any such system. tract that requires the entity to dem- by the Department of Defense in fiscal year (2) The Chief Information Officer shall pro- onstrate to the satisfaction of the Depart- 2007. vide the congressional defense committees ment of Defense that armor piercing projec- SEC. 8074. In addition to amounts provided timely notification of certifications under tiles are either: (1) rendered incapable of elsewhere in this Act, $2,500,000 is hereby ap- paragraph (1). reuse by the demilitarization process; or (2) propriated to the Department of Defense, to (c) CERTIFICATIONS AS TO COMPLIANCE WITH used to manufacture ammunition pursuant remain available for obligation until ex- CLINGER-COHEN ACT.— to a contract with the Department of De- pended: Provided, That notwithstanding any (1) During the current fiscal year, a major fense or the manufacture of ammunition for other provision of law, these funds shall be automated information system may not re- export pursuant to a License for Permanent available only for a grant to the Fisher ceive Milestone A approval, Milestone B ap- Export of Unclassified Military Articles House Foundation, Inc., only for the con- proval, or full rate production approval, or issued by the Department of State. struction and furnishing of additional Fisher their equivalent, within the Department of SEC. 8069. Notwithstanding any other pro- Houses to meet the needs of military family Defense until the Chief Information Officer vision of law, the Chief of the National members when confronted with the illness or certifies, with respect to that milestone, Guard Bureau, or his designee, may waive hospitalization of an eligible military bene- that the system is being developed in accord- payment of all or part of the consideration ficiary. ance with the Clinger-Cohen Act of 1996 (40 that otherwise would be required under sec- SEC. 8075. Amounts appropriated in title II U.S.C. 1401 et seq.). The Chief Information tion 2667 of title 10, United States Code, in of this Act are hereby reduced by $71,100,000 Officer may require additional certifications, the case of a lease of personal property for a to reflect savings attributable to efficiencies as appropriate, with respect to any such sys- period not in excess of 1 year to any organi- and management improvements in the fund- tem. zation specified in section 508(d) of title 32, ing of miscellaneous or other contracts in (2) The Chief Information Officer shall pro- United States Code, or any other youth, so- the military departments, as follows: vide the congressional defense committees cial, or fraternal non-profit organization as (1) From ‘‘Operation and Maintenance, timely notification of certifications under may be approved by the Chief of the National Army’’, $31,100,000. paragraph (1). Each such notification shall Guard Bureau, or his designee, on a case-by- (2) From ‘‘Operation and Maintenance, include, at a minimum, the funding baseline case basis. Navy’’, $35,000,000. SEC. 8070. None of the funds appropriated and milestone schedule for each system cov- (3) From ‘‘Operation and Maintenance, Ma- by this Act shall be used for the support of ered by such a certification and confirma- rine Corps’’, $5,000,000. any nonappropriated funds activity of the SEC. 8076. The total amount appropriated tion that the following steps have been Department of Defense that procures malt or otherwise made available in this Act is taken with respect to the system: beverages and wine with nonappropriated hereby reduced by $22,000,000 to limit exces- (A) Business process reengineering. funds for resale (including such alcoholic sive growth in the procurement of advisory (B) An analysis of alternatives. beverages sold by the drink) on a military and assistance services, to be distributed as (C) An economic analysis that includes a installation located in the United States un- follows: calculation of the return on investment. less such malt beverages and wine are pro- ‘‘Operation and Maintenance, Army’’, (D) Performance measures. cured within that State, or in the case of the $20,000,000. (E) An information assurance strategy con- District of Columbia, within the District of ‘‘Operation and Maintenance, Marine sistent with the Department’s Global Infor- Columbia, in which the military installation Corps’’, $2,000,000. mation Grid. is located: Provided, That in a case in which (INCLUDING TRANSFER OF FUNDS) (d) DEFINITIONS.—For purposes of this sec- the military installation is located in more tion: SEC. 8077. Of the amounts appropriated in than one State, purchases may be made in (1) The term ‘‘Chief Information Officer’’ this Act under the heading ‘‘Research, Devel- any State in which the installation is lo- means the senior official of the Department opment, Test and Evaluation, Defense- cated: Provided further, That such local pro- of Defense designated by the Secretary of Wide’’, $77,175,000 shall be made available for curement requirements for malt beverages Defense pursuant to section 3506 of title 44, the Arrow missile defense program: Provided, and wine shall apply to all alcoholic bev- United States Code. That of this amount, $13,000,000 shall be erages only for military installations in available for the purpose of producing Arrow (2) The term ‘‘information technology sys- States which are not contiguous with an- missile components in the United States and tem’’ has the meaning given the term ‘‘infor- other State: Provided further, That alcoholic Arrow missile components and missiles in mation technology’’ in section 5002 of the beverages other than wine and malt bev- Israel to meet Israel’s defense requirements, Clinger-Cohen Act of 1996 (40 U.S.C. 1401). erages, in contiguous States and the District consistent with each nation’s laws, regula- SEC. 8066. During the current fiscal year, of Columbia shall be procured from the most none of the funds available to the Depart- tions and procedures: Provided further, That competitive source, price and other factors ment of Defense may be used to provide sup- funds made available under this provision for considered. port to another department or agency of the production of missiles and missile compo- SEC. 8071. Funds available to the Depart- United States if such department or agency nents may be transferred to appropriations ment of Defense for the Global Positioning available for the procurement of weapons is more than 90 days in arrears in making System during the current fiscal year may payment to the Department of Defense for and equipment, to be merged with and to be be used to fund civil requirements associated available for the same time period and the goods or services previously provided to such with the satellite and ground control seg- department or agency on a reimbursable same purposes as the appropriation to which ments of such system’s modernization pro- transferred: Provided further, That the trans- basis: Provided, That this restriction shall gram. not apply if the department is authorized by fer authority provided under this provision is (INCLUDING TRANSFER OF FUNDS) law to provide support to such department or in addition to any other transfer authority agency on a nonreimbursable basis, and is SEC. 8072. Of the amounts appropriated in contained in this Act. providing the requested support pursuant to this Act under the heading ‘‘Operation and (INCLUDING TRANSFER OF FUNDS) such authority: Provided further, That the Maintenance, Army’’, $78,300,000 shall remain SEC. 8078. Of the amounts appropriated in Secretary of Defense may waive this restric- available until expended: Provided, That not- this Act under the heading ‘‘Shipbuilding tion on a case-by-case basis by certifying in withstanding any other provision of law, the and Conversion, Navy’’, $436,449,000 shall be writing to the Committees on Appropria- Secretary of Defense is authorized to trans- available until September 30, 2007, to fund tions of the House of Representatives and fer such funds to other activities of the Fed- prior year shipbuilding cost increases: Pro- the Senate that it is in the national security eral Government: Provided further, That the vided, That upon enactment of this Act, the interest to do so. Secretary of Defense is authorized to enter Secretary of the Navy shall transfer such SEC. 8067. Notwithstanding section 12310(b) into and carry out contracts for the acquisi- funds to the following appropriations in the of title 10, United States Code, a Reservist tion of real property, construction, personal amounts specified: Provided further, That the who is a member of the National Guard serv- services, and operations related to projects amounts transferred shall be merged with ing on full-time National Guard duty under carrying out the purposes of this section: and be available for the same purposes as the section 502(f) of title 32 may perform duties Provided further, That contracts entered into appropriations to which transferred: in support of the ground-based elements of under the authority of this section may pro- To: the National Ballistic Missile Defense Sys- vide for such indemnification as the Sec- Under the heading ‘‘Shipbuilding and Con- tem. retary determines to be necessary: Provided version, Navy, 1999/2007’’: SEC. 8068. None of the funds provided in further, That projects authorized by this sec- New SSN, $15,000,000; this Act may be used to transfer to any non- tion shall comply with applicable Federal, Under the heading ‘‘Shipbuilding and Con- governmental entity ammunition held by State, and local law to the maximum extent version, Navy, 2000/2007’’: the Department of Defense that has a center- consistent with the national security, as de- LPD–17 Amphibious Transport Dock Ship fire cartridge and a United States military termined by the Secretary of Defense. Program, $39,049,000;

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4267 Under the heading ‘‘Shipbuilding and Con- Foundation; $4,000,000 to the Center for Ap- it is necessary to do so to respond to a na- version, Navy, 2001/2007’’: plied Science and Technologies at Jordan tional security emergency or to meet dire New SSN, $31,000,000; Valley Innovation Center; $1,000,000 to the operational requirements of the Armed Carrier Replacement Program, $318,400,000; Women in Military Service for America Me- Forces. Under the heading ‘‘Shipbuilding and Con- morial Foundation; $2,000,000 to The Presidio (INCLUDING TRANSFER OF FUNDS) version, Navy, 2003/2007’’: Trust; and, $1,500,000 to the Red Cross Con- SEC. 8091. The Secretary of Defense may New SSN, $22,000,000; solidated Blood Services Facility. transfer funds from any available Depart- Under the heading ‘‘Shipbuilding and Con- SEC. 8085. The budget of the President for ment of the Navy appropriation to any avail- version, Navy, 2005/2009’’; and fiscal year 2008 submitted to the Congress able Navy ship construction appropriation LPD–17 Amphibious Transport Dock Ship pursuant to section 1105 of title 31, United for the purpose of liquidating necessary Program, $11,000,000. States Code shall include separate budget changes resulting from inflation, market SEC. 8079. The Secretary of the Navy may justification documents for costs of United fluctuations, or rate adjustments for any settle, or compromise, and pay any and all States Armed Forces’ participation in con- ship construction program appropriated in admiralty claims under section 7622 of title tingency operations for the Military Per- law: Provided, That the Secretary may trans- 10, United States Code arising out of the col- sonnel accounts, the Operation and Mainte- fer not to exceed $100,000,000 under the au- lision involving the U.S.S. GREENEVILLE nance accounts, and the Procurement ac- thority provided by this section: Provided and the EHIME MARU, in any amount and counts: Provided, That these documents shall further, That the funding transferred shall be without regard to the monetary limitations include a description of the funding re- available for the same time period as the ap- in subsections (a) and (b) of that section: quested for each contingency operation, for propriation to which transferred: Provided Provided, That such payments shall be made each military service, to include all Active further, That the Secretary may not transfer from funds available to the Department of and Reserve components, and for each appro- any funds until 30 days after the proposed the Navy for operation and maintenance. priations account: Provided further, That transfer has been reported to the Commit- SEC. 8080. Funds appropriated by this Act, these documents shall include estimated tees on Appropriations of the Senate and the or made available by the transfer of funds in costs for each element of expense or object House of Representatives, unless sooner noti- this Act, for intelligence activities are class, a reconciliation of increases and de- fied by the Committees that there is no ob- deemed to be specifically authorized by the creases for each contingency operation, and jection to the proposed transfer: Provided fur- Congress for purposes of section 504 of the programmatic data including, but not lim- ther, That the transfer authority provided by National Security Act of 1947 (50 U.S.C. 414) ited to, troop strength for each Active and this section is in addition to any other trans- during fiscal year 2007 until the enactment of Reserve component, and estimates of the fer authority contained elsewhere in this the Intelligence Authorization Act for fiscal major weapons systems deployed in support Act. year 2007. of each contingency: Provided further, That SEC. 8092. (a) The total amount appro- SEC. 8081. None of the funds in this Act these documents shall include budget exhib- priated or otherwise made available in title may be used to initiate a new start program its OP–5 and OP–32 (as defined in the Depart- II of this Act is hereby reduced by $45,000,000 without prior written notification to the Of- ment of Defense Financial Management Reg- to limit excessive growth in the travel and fice of Secretary of Defense and the congres- ulation) for all contingency operations for transportation of persons. sional defense committees. the budget year and the two preceding fiscal (b) The Secretary of Defense shall allocate SEC. 8082. (a) In addition to the amounts years. this reduction proportionately to each budg- provided elsewhere in this Act, the amount SEC. 8086. None of the funds in this Act et activity, activity group, subactivity of $5,400,000 is hereby appropriated to the De- may be used for research, development, test, group, and each program, project, and activ- partment of Defense for ‘‘Operation and evaluation, procurement or deployment of ity within each applicable appropriation ac- Maintenance, Army National Guard’’. Such nuclear armed interceptors of a missile de- count. amount shall be made available to the Sec- fense system. SEC. 8093. For purposes of section 612 of retary of the Army only to make a grant in SEC. 8087. Of the amounts provided in title title 41, United States Code, any subdivision the amount of $5,400,000 to the entity speci- II of this Act under the heading ‘‘Operation of appropriations made under the heading fied in subsection (b) to facilitate access by and Maintenance, Defense-Wide’’, up to ‘‘Shipbuilding and Conversion, Navy’’ that is veterans to opportunities for skilled employ- $20,000,000 is available for the Regional De- not closed at the time reimbursement is ment in the construction industry. fense Counter-terrorism Fellowship Pro- made shall be available to reimburse the (b) The entity referred to in subsection (a) gram, to fund the education and training of Judgment Fund and shall be considered for is the Center for Military Recruitment, As- foreign military officers, ministry of defense the same purposes as any subdivision under sessment and Veterans Employment, a non- civilians, and other foreign security officials, the heading ‘‘Shipbuilding and Conversion, profit labor-management co-operation com- to include United States military officers Navy’’ appropriations in the current fiscal mittee provided for by section 302(c)(9) of the and civilian officials whose participation di- year or any prior fiscal year. Labor-Management Relations Act, 1947 (29 rectly contributes to the education and SEC. 8094. The Secretary of Defense may U.S.C. 186(c)(9)), for the purposes set forth in training of these foreign students. present promotional materials, including a section 6(b) of the Labor Management Co- SEC. 8088. None of the funds appropriated United States flag, to any member of an Ac- operation Act of 1978 (29 U.S.C. 175a note). or made available in this Act shall be used to tive or Reserve component under the Sec- SEC. 8083. FINANCING AND FIELDING OF KEY reduce or disestablish the operation of the retary’s jurisdiction who, as determined by ARMY CAPABILITIES.—The Department of De- 53rd Weather Reconnaissance Squadron of the Secretary, participates in Operation En- fense and the Department of the Army shall the Air Force Reserve, if such action would during Freedom or Operation Iraqi Freedom, make future budgetary and programming reduce the WC–130 Weather Reconnaissance along with other recognition items in con- plans to fully finance the Non-Line of Sight mission below the levels funded in this Act: junction with any week-long national obser- Future Force cannon (NLOS–C) and a com- Provided, That the Air Force shall allow the vation and day of national celebration, if es- patible large caliber ammunition resupply 53rd Weather Reconnaissance Squadron to tablished by Presidential proclamation, for capability for this system supported by the perform other missions in support of na- any such members returning from such oper- Future Combat Systems (FCS) Brigade Com- tional defense requirements during the non- ations. bat Team (BCT) in order to field this system hurricane season. SEC. 8095. Notwithstanding any other pro- in fiscal year 2010: Provided, That the Army SEC. 8089. None of the funds provided in vision of this Act, to reflect savings from re- shall develop the NLOS–C independent of the this Act shall be available for integration of vised economic assumptions the total broader FCS development timeline to foreign intelligence information unless the amount appropriated in title II of this Act is achieve fielding by fiscal year 2010. In addi- information has been lawfully collected and hereby reduced by $514,800,000, the total tion the Army will deliver eight (8) combat processed during the conduct of authorized amount appropriated in title III of this Act operational pre-production NLOS–C systems foreign intelligence activities: Provided, That is hereby reduced by $93,900,000, the total by the end of calendar year 2008. These sys- information pertaining to United States per- amount appropriated in title IV of this Act tems shall be in addition to those systems sons shall only be handled in accordance is hereby reduced by $315,900,000, the total necessary for developmental and operational with protections provided in the Fourth amount appropriated in title V of this Act is testing: Provided further, That the Army Amendment of the United States Constitu- hereby reduced by $10,400,000, the total shall ensure that budgetary and pro- tion as implemented through Executive amount appropriated in title VI of this Act grammatic plans will provide for no fewer Order No. 12333. is hereby reduced by $10,350,000, and the total than seven (7) Stryker Brigade Combat SEC. 8090. (a) At the time members of re- amount appropriated in title VII of this Act Teams. serve components of the Armed Forces are is hereby reduced by $3,650,000: Provided, SEC. 8084. In addition to the amounts ap- called or ordered to active duty under sec- That the Secretary of Defense shall allocate propriated or otherwise made available else- tion 12302(a) of title 10, United States Code, this reduction proportionally to each budget where in this Act, $13,000,000 is hereby appro- each member shall be notified in writing of activity, activity group, subactivity group, priated to the Department of Defense, to re- the expected period during which the mem- and each program, project, and activity, main available until September 30, 2007: Pro- ber will be mobilized. within each appropriation account: Provided vided, That the Secretary of Defense shall (b) The Secretary of Defense may waive further, That this reduction shall not apply make grants in the amounts specified as fol- the requirements of subsection (a) in any to ‘‘Central Intelligence Agency Retirement lows: $4,500,000 to the Intrepid Sea-Air-Space case in which the Secretary determines that and Disability System Fund’’.

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SEC. 8096. Notwithstanding any other pro- to the global war on terrorism, and other un- used for payments to reimburse Pakistan, vision in this Act, to reflect savings from fa- anticipated defense-related operations, pur- Jordan, and other key cooperating nations, vorable foreign currency fluctuations, the suant to section 402 of H. Con. Res. 376 (109th for logistical, military, and other support total amount appropriated in title I of this Congress), as made applicable to the House provided, or to be provided, to United States Act is hereby reduced by $23,200,000, the total of Representatives by H. Res. 818 (109th Con- military operations, notwithstanding any amount appropriated in title II of this Act is gress). other provision of law: Provided, That such hereby reduced by $32,800,000, the total RESERVE PERSONNEL, NAVY payments may be made in such amounts as amount appropriated in title III of this Act For an additional amount for ‘‘Reserve the Secretary of Defense, with the concur- is hereby reduced by $22,100,000, the total Personnel, Navy’’, $10,000,000: Provided, That rence of the Secretary of State, and in con- amount appropriated in title IV of this Act the amount provided under this heading is sultation with the Director of the Office of is hereby reduced by $20,200,000, the total designated as making appropriations for con- Management and Budget, may determine, in amount appropriated in title V of this Act is tingency operations directly related to the his discretion, based on documentation de- hereby reduced by $700,000, the total amount global war on terrorism, and other unantici- termined by the Secretary of Defense to ade- appropriated in title VI of this Act is hereby pated defense-related operations, pursuant to quately account for the support provided, reduced by $700,000, and the total amount ap- section 402 of H. Con. Res. 376 (109th Con- and such determination is final and conclu- propriated in title VII of this Act is hereby gress), as made applicable to the House of sive upon the accounting officers of the reduced by $300,000: Provided, That the Sec- Representatives by H. Res. 818 (109th Con- United States, and 15 days following notifi- retary of Defense shall allocate this reduc- gress). cation to the appropriate congressional com- tion proportionally to each budget activity, mittees: Provided further, That the Secretary activity group, subactivity group, and each NATIONAL GUARD PERSONNEL, ARMY of Defense shall provide quarterly reports to program, project, and activity, within each For an additional amount for ‘‘National the congressional defense committees on the appropriation account. Guard Personnel, Army’’, $251,000,000: Pro- use of funds provided in this paragraph: Pro- SEC. 8097. The Secretary of Defense shall, vided, That the amount provided under this vided further, That the amount provided not later than 90 days after the enactment of heading is designated as making appropria- under this heading is designated as making this Act, submit to the congressional defense tions for contingency operations directly re- appropriations for contingency operations committees a report detailing the efforts by lated to the global war on terrorism, and directly related to the global war on ter- the Department of Defense Education Activ- other unanticipated defense-related oper- rorism, and other unanticipated defense-re- ity (DoDEA) to address dyslexia in students ations, pursuant to section 402 of H. Con. lated operations, pursuant to section 402 of at DoDEA schools: Provided, That this report Res. 376 (109th Congress), as made applicable H. Con. Res. 376 (109th Congress), as made ap- shall include a description of funding pro- to the House of Representatives by H. Res. plicable to the House of Representatives by vided in this and other Department of De- 818 (109th Congress). H. Res. 818 (109th Congress). fense Appropriations Acts used by DoDEA OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY schools to address dyslexia. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD SEC. 8098. Appropriations available to the Department of Defense may be used for the For an additional amount for ‘‘Operation For an additional amount for ‘‘Operation purchase of heavy and light armored vehicles and Maintenance, Army’’, $24,280,000,000: Pro- and Maintenance, Army National Guard’’, for force protection purposes, notwith- vided, That the amount provided under this $220,000,000: Provided, That the amount pro- standing price or other limitations applica- heading is designated as making appropria- vided under this heading is designated as ble to the purchase of passenger carrying ve- tions for contingency operations directly re- making appropriations for contingency oper- hicles. lated to the global war on terrorism, and ations directly related to the global war on other unanticipated defense-related oper- terrorism, and other unanticipated defense- TITLE IX ations, pursuant to section 402 of H. Con. related operations, pursuant to section 402 of ADDITIONAL APPROPRIATIONS Res. 376 (109th Congress), as made applicable H. Con. Res. 376 (109th Congress), as made ap- MILITARY PERSONNEL to the House of Representatives by H. Res. plicable to the House of Representatives by MILITARY PERSONNEL, ARMY 818 (109th Congress). H. Res. 818 (109th Congress). For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, NAVY IRAQ FREEDOM FUND Personnel, Army’’, $4,346,710,000: Provided, For an additional amount for ‘‘Operation (INCLUDING TRANSFER OF FUNDS) That the amount provided under this head- and Maintenance, Navy’’, $1,954,145,000: Pro- For an additional amount for ‘‘Iraq Free- ing is designated as making appropriations vided, That the amount provided under this dom Fund’’, $4,000,000,000, to remain avail- for contingency operations directly related heading is designated as making appropria- able for transfer until September 30, 2008, to the global war on terrorism, and other un- tions for contingency operations directly re- only to support operations in Iraq or Afghan- anticipated defense-related operations, pur- lated to the global war on terrorism, and istan and classified activities: Provided, That suant to section 402 of H. Con. Res. 376 (109th other unanticipated defense-related oper- the Secretary of Defense may transfer the Congress), as made applicable to the House ations, pursuant to section 402 of H. Con. funds provided herein to appropriations for of Representatives by H. Res. 818 (109th Con- Res. 376 (109th Congress), as made applicable military personnel; operation and mainte- gress). to the House of Representatives by H. Res. nance; Overseas Humanitarian, Disaster, and MILITARY PERSONNEL, NAVY 818 (109th Congress). Civic Aid; procurement; research, develop- For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, MARINE CORPS ment, test and evaluation; and working cap- Personnel, Navy’’, $229,096,000: Provided, That For an additional amount for ‘‘Operation ital funds: Provided further, That of the the amount provided under this heading is and Maintenance, Marine Corps’’, amounts provided under this heading, designated as making appropriations for con- $1,781,500,000: Provided, That the amount pro- $2,500,000,000 shall only be for classified pro- tingency operations directly related to the vided under this heading is designated as grams, described in further detail in the clas- global war on terrorism, and other unantici- making appropriations for contingency oper- sified annex accompanying this Act: Provided pated defense-related operations, pursuant to ations directly related to the global war on further, That not less than $1,500,000,000 shall section 402 of H. Con. Res. 376 (109th Con- terrorism, and other unanticipated defense- be available for the Joint IED Defeat Organi- gress), as made applicable to the House of related operations, pursuant to section 402 of zation: Provided further, That funds trans- Representatives by H. Res. 818 (109th Con- H. Con. Res. 376 (109th Congress), as made ap- ferred shall be merged with and be available gress). plicable to the House of Representatives by for the same purposes and for the same time MILITARY PERSONNEL, MARINE CORPS H. Res. 818 (109th Congress). period as the appropriation or fund to which OPERATION AND MAINTENANCE, AIR FORCE transferred: Provided further, That this trans- For an additional amount for ‘‘Military fer authority is in addition to any other For an additional amount for ‘‘Operation Personnel, Marine Corps’’, $495,456,000: Pro- transfer authority available to the Depart- and Maintenance, Air Force’’, $2,987,108,000: vided, That the amount provided under this ment of Defense: Provided further, That upon Provided, That the amount provided under heading is designated as making appropria- a determination that all or part of the funds this heading is designated as making appro- tions for contingency operations directly re- transferred from this appropriation are not priations for contingency operations directly lated to the global war on terrorism, and necessary for the purposes provided herein, related to the global war on terrorism, and other unanticipated defense-related oper- such amounts may be transferred back to other unanticipated defense-related oper- ations, pursuant to section 402 of H. Con. this appropriation: Provided further, That the ations, pursuant to section 402 of H. Con. Res. 376 (109th Congress), as made applicable Secretary of Defense shall, not fewer than 5 Res. 376 (109th Congress), as made applicable to the House of Representatives by H. Res. days prior to making transfers from this ap- to the House of Representatives by H. Res. 818 (109th Congress). propriation, notify the congressional defense 818 (109th Congress). MILITARY PERSONNEL, AIR FORCE committees in writing of the details of any For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, DEFENSE-WIDE such transfer: Provided further, That the Sec- Personnel, Air Force’’, $659,788,000: Provided, For an additional amount for ‘‘Operation retary shall submit a report no later than 30 That the amount provided under this head- and Maintenance, Defense-Wide’’, days after the end of each fiscal quarter to ing is designated as making appropriations $2,186,673,000, of which up to $300,000,000, to the congressional defense committees sum- for contingency operations directly related remain available until expended, may be marizing the details of the transfer of funds

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4269 from this appropriation: Provided further, appropriations for contingency operations plicable to the House of Representatives by That the amount provided under this head- directly related to the global war on ter- H. Res. 818 (109th Congress). ing is designated as making appropriations rorism, and other unanticipated defense-re- PROCUREMENT, DEFENSE-WIDE for contingency operations directly related lated operations, pursuant to section 402 of For an additional amount for ‘‘Procure- to the global war on terrorism, and other un- H. Con. Res. 376 (109th Congress), as made ap- ment, Defense-Wide’’, $121,600,000, to remain anticipated defense-related operations, pur- plicable to the House of Representatives by available for obligation until September 30, suant to section 402 of H. Con. Res. 376 (109th H. Res. 818 (109th Congress). 2009: Provided, That the amount provided Congress), as made applicable to the House PROCUREMENT OF AMMUNITION, NAVY AND under this heading is designated as making of Representatives by H. Res. 818 (109th Con- MARINE CORPS appropriations for contingency operations gress). For an additional amount for ‘‘Procure- directly related to the global war on ter- PROCUREMENT ment of Ammunition, Navy and Marine rorism, and other unanticipated defense-re- AIRCRAFT PROCUREMENT, ARMY Corps’’, $143,150,000, to remain available for lated operations, pursuant to section 402 of For an additional amount for ‘‘Aircraft obligation until September 30, 2009: Provided, H. Con. Res. 376 (109th Congress), as made ap- Procurement, Army’’, $132,400,000, to remain That the amount provided under this head- plicable to the House of Representatives by available for obligation until September 30, ing is designated as making appropriations H. Res. 818 (109th Congress). 2009: Provided, That the amount provided for contingency operations directly related REVOLVING AND MANAGEMENT FUNDS under this heading is designated as making to the global war on terrorism, and other un- DEFENSE WORKING CAPITAL FUNDS anticipated defense-related operations, pur- appropriations for contingency operations For an additional amount for ‘‘Defense suant to section 402 of H. Con. Res. 376 (109th directly related to the global war on ter- Working Capital Funds’’, $1,000,000,000: Pro- Congress), as made applicable to the House rorism, and other unanticipated defense-re- vided, That the amount provided under this of Representatives by H. Res. 818 (109th Con- lated operations, pursuant to section 402 of heading is designated as making appropria- gress). H. Con. Res. 376 (109th Congress), as made ap- tions for contingency operations directly re- plicable to the House of Representatives by OTHER PROCUREMENT, NAVY lated to the global war on terrorism, and H. Res. 818 (109th Congress). For an additional amount for ‘‘Other Pro- other unanticipated defense-related oper- PROCUREMENT OF WEAPONS AND TRACKED curement, Navy’’, $28,865,000, to remain ations, pursuant to section 402 of H. Con. COMBAT VEHICLES, ARMY available for obligation until September 30, Res. 376 (109th Congress), as made applicable 2009: Provided, That the amount provided For an additional amount for ‘‘Procure- to the House of Representatives by H. Res. under this heading is designated as making ment of Weapons and Tracked Combat Vehi- 818 (109th Congress). appropriations for contingency operations cles, Army’’, $1,214,672,000, to remain avail- GENERAL PROVISIONS directly related to the global war on ter- able for obligation until September 30, 2009: SEC. 9001. Appropriations provided in this rorism, and other unanticipated defense-re- Provided, That the amount provided under title are available for obligation until Sep- lated operations, pursuant to section 402 of this heading is designated as making appro- tember 30, 2007, unless otherwise so provided H. Con. Res. 376 (109th Congress), as made ap- priations for contingency operations directly in this title. plicable to the House of Representatives by related to the global war on terrorism, and SEC. 9002. Notwithstanding any other pro- H. Res. 818 (109th Congress). other unanticipated defense-related oper- vision of law or of this Act, funds made ations, pursuant to section 402 of H. Con. PROCUREMENT, MARINE CORPS available in this title are in addition to Res. 376 (109th Congress), as made applicable For an additional amount for ‘‘Procure- amounts provided elsewhere in this Act. to the House of Representatives by H. Res. ment, Marine Corps’’, $621,450,000, to remain (TRANSFER OF FUNDS) 818 (109th Congress). available for obligation until September 30, SEC. 9003. Upon his determination that 2009: Provided, That the amount provided PROCUREMENT OF AMMUNITION, ARMY such action is necessary in the national in- under this heading is designated as making terest, the Secretary of Defense may transfer For an additional amount for ‘‘Procure- appropriations for contingency operations ment of Ammunition, Army’’, $275,241,000, to between appropriations up to $2,500,000,000 of directly related to the global war on ter- the funds made available to the Department remain available for obligation until Sep- rorism, and other unanticipated defense-re- tember 30, 2009: Provided, That the amount of Defense in this title: Provided, That the lated operations, pursuant to section 402 of Secretary shall notify the Congress promptly provided under this heading is designated as H. Con. Res. 376 (109th Congress), as made ap- making appropriations for contingency oper- of each transfer made pursuant to the au- plicable to the House of Representatives by thority in this section: Provided further, That ations directly related to the global war on H. Res. 818 (109th Congress). terrorism, and other unanticipated defense- the authority provided in this section is in IRCRAFT PROCUREMENT, AIR FORCE related operations, pursuant to section 402 of A addition to any other transfer authority H. Con. Res. 376 (109th Congress), as made ap- For an additional amount for ‘‘Aircraft available to the Department of Defense and plicable to the House of Representatives by Procurement, Air Force’’, $912,500,000, to re- is subject to the same terms and conditions H. Res. 818 (109th Congress). main available for obligation until Sep- as the authority provided in section 8005 of tember 30, 2009: Provided, That the amount this Act. OTHER PROCUREMENT, ARMY provided under this heading is designated as SEC. 9004. Funds appropriated in this title, For an additional amount for ‘‘Other Pro- making appropriations for contingency oper- or made available by the transfer of funds in curement, Army’’, $1,939,830,000, to remain ations directly related to the global war on or pursuant to this title, for intelligence ac- available for obligation until September 30, terrorism, and other unanticipated defense- tivities are deemed to be specifically author- 2009: Provided, That the amount provided related operations, pursuant to section 402 of ized by the Congress for purposes of section under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- 504 of the National Security Act of 1947 (50 appropriations for contingency operations plicable to the House of Representatives by U.S.C. 414). directly related to the global war on ter- H. Res. 818 (109th Congress). SEC. 9005. None of the funds provided in rorism, and other unanticipated defense-re- MISSILE PROCUREMENT, AIR FORCE this title may be used to finance programs or lated operations, pursuant to section 402 of activities denied by Congress in fiscal years For an additional amount for ‘‘Missile Pro- H. Con. Res. 376 (109th Congress), as made ap- 2006 or 2007 appropriations to the Depart- curement, Air Force’’, $32,650,000, to remain plicable to the House of Representatives by ment of Defense or to initiate a procurement available for obligation until September 30, H. Res. 818 (109th Congress). or research, development, test and evalua- 2009: Provided, That the amount provided tion new start program without prior writ- AIRCRAFT PROCUREMENT, NAVY under this heading is designated as making ten notification to the congressional defense For an additional amount for ‘‘Aircraft appropriations for contingency operations committees. Procurement, Navy’’, $34,916,000, to remain directly related to the global war on ter- SEC. 9006. Notwithstanding any other pro- available for obligation until September 30, rorism, and other unanticipated defense-re- vision of law, of the funds made available in 2009: Provided, That the amount provided lated operations, pursuant to section 402 of this title to the Department of Defense for under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- operation and maintenance, not to exceed appropriations for contingency operations plicable to the House of Representatives by $1,000,000,000 may be used by the Secretary of directly related to the global war on ter- H. Res. 818 (109th Congress). Defense, with the concurrence of the Sec- rorism, and other unanticipated defense-re- OTHER PROCUREMENT, AIR FORCE retary of State, to train, equip and provide lated operations, pursuant to section 402 of For an additional amount for ‘‘Other Pro- related assistance only to military or secu- H. Con. Res. 376 (109th Congress), as made ap- curement, Air Force’’, $9,850,000, to remain rity forces of Iraq and Afghanistan to en- plicable to the House of Representatives by available for obligation until September 30, hance their capability to combat terrorism H. Res. 818 (109th Congress). 2009: Provided, That the amount provided and to support United States military oper- WEAPONS PROCUREMENT, NAVY under this heading is designated as making ations in Iraq and Afghanistan: Provided, For an additional amount for ‘‘Weapons appropriations for contingency operations That such assistance may include the provi- Procurement, Navy’’, $131,400,000, to remain directly related to the global war on ter- sion of equipment, supplies, services, train- available for obligation until September 30, rorism, and other unanticipated defense-re- ing, infrastructure and funding: Provided fur- 2009: Provided, That the amount provided lated operations, pursuant to section 402 of ther, That the authority to provide assist- under this heading is designated as making H. Con. Res. 376 (109th Congress), as made ap- ance under this section is in addition to any

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4270 CONGRESSIONAL RECORD — HOUSE June 20, 2006 other authority to provide assistance to for- SEC. 9012. None of the funds made available Chairman. I am simply asking that the eign nations: Provided further, That the Sec- in this Act may be used by the Government United States be allowed to pursue this retary of Defense shall notify the congres- of the United States to enter into a basing historically necessary avenue of re- sional defense committees, the Committee rights agreement between the United States sponsible foreign relations. on International Relations of the House of and Iraq. Mr. Chairman, I thank you, and urge Representatives, and the Committee on For- AMENDMENT NO. 1 OFFERED BY MR. KING OF my colleagues to support this amend- eign Relations of the Senate not less than 15 IOWA ment. days before providing assistance under the Mr. KING of Iowa. Mr. Chairman, I authority of this section. Mr. MURTHA. Mr. Chairman, I rise SEC. 9007. (a) From funds made available in offer an amendment. The Acting CHAIRMAN. The Clerk in opposition to the amendment. this title to the Department of Defense, not I think that this amendment does the to exceed $500,000,000 may be used, notwith- will designate the amendment. standing any other provision of law, to fund The text of the amendment is as fol- opposite of what he would hope. It the Commander’s Emergency Response Pro- lows: sends a signal to the American public: gram, for the purpose of enabling military we expect to spend time there forever. Amendment No. 1 offered by Mr. KING of commanders in Iraq to respond to urgent hu- Iowa: Permanent bases can be negotiated at manitarian relief and reconstruction re- Strike section 9012 (page 115, lines 1 any time with the government. What quirements within their areas of responsi- through 4). we are saying with this bill is that at bility by carrying out programs that will im- Mr. KING of Iowa. Mr. Chairman, I this point in time there shouldn’t be mediately assist the Iraqi people, and to fund any permanent bases in Iraq. And when a similar program to assist the people of Af- bring an amendment here to the floor ghanistan. that strikes section 9012 from the bill. you strike this language, it does the (b) QUARTERLY REPORTS.—Not later than 15 The bill language under 9012 says: opposite of the impact the gentleman days after the end of each fiscal year quarter ‘‘None of the funds made available in wants to have. (beginning with the first quarter of fiscal this Act may be used by the Govern- As I travel around the country, I hear year 2007), the Secretary of Defense shall ment of the United States to enter into this all the time. I hear the President submit to the congressional defense commit- say no permanent bases, I hear the Sec- tees a report regarding the source of funds a basing rights agreement between the and the allocation and use of funds during United States and Iraq.’’ retary of Defense say no permanent that quarter that were made available pursu- Mr. Chairman, I believe that we bases in Iraq. I am just reiterating ant to the authority provided in this section should not foreclose our options in what the policy of this country is, that or under any other provision of law for the Iraq, and H.R. 5631 prohibits the United we shouldn’t have permanent bases in purposes of the programs under subsection States from entering into any military Iraq. (a). base agreement with Iraq. If we rule Once we start down this road of per- SEC. 9008. During the current fiscal year, manent bases, I remember reading funds available to the Department of Defense out all bases, we forego a critical part for operation and maintenance may be used, of diplomatic relations. My amend- something where Harry Truman said notwithstanding any other provision of law, ment would strike this section from we would be out of Germany in two or to provide supplies, services, transportation, the bill. three years; we were there for 50 or 60 including airlift and sealift, and other Historically, basing rights agree- years. We are spending almost $8 bil- logistical support to coalition forces sup- ments have been a necessary part of lion a day, or a month, in Iraq. And I porting military and stability operations in diplomatic relations with foreign gov- think one of the bases that we were Iraq and Afghanistan: Provided, That the ernments. These agreements outline going to build, the construction costs Secretary of Defense shall provide quarterly were almost double what they antici- reports to the congressional defense commit- guidelines and conditions for operating tees regarding support provided under this American military bases worldwide. It pated the permanent base we were section. is both common and responsible for the looking at or at least the temporary SEC. 9009. Supervision and administration United States to enter into, and peri- base we were looking at would be. I costs associated with a construction project odically renegotiate, basing rights can’t imagine what a permanent base funded with appropriations available for op- agreements with countries hosting would cost if you are going to build it. eration and maintenance, and executed in di- American troops. This has been done You have got to have permanent secu- rect support of the Global War on Terrorism with every country hosting U.S. troops rity. There are all kinds of things that only in Iraq and Afghanistan, may be obli- have to be built in. gated at the time a construction contract is including Afghanistan. awarded: Provided, That for the purpose of The newly elected democratic gov- This is not the time to eliminate a this section, supervision and administration ernment of Iraq should be no exception, provision like this, and I would hope costs include all in-house Government costs. and it is likely and appropriate that that the gentleman would withdraw SEC. 9010. The reporting requirements of basing agreements will soon be nego- this amendment because it is very dis- section 9010 of Public Law 109–148 shall apply tiated. In this way, my amendment re- ruptive to what our troops are doing. to the funds appropriated in this title. We are trying to figure out a way to SEC. 9011. Amounts provided in chapter 1 of spects Iraqi sovereignty. title V of the Emergency Supplemental Ap- Prohibiting these negotiations will solve this problem. And when the gen- propriations Act for Defense, the Global War not make the problems go away. Rath- tleman offers an amendment like this, on Terror, and Hurricane Recovery, 2006 are er, by refusing to enter into a sensible I think it has the opposite impact of hereby designated as emergency require- diplomatic dialogue, the United States what he is trying to do. ments pursuant to section 402 of H. Con. Res. would neglect its diplomatic duties. Mr. YOUNG of Florida. Mr. Chair- 95 (109th Congress), the concurrent resolu- Opposing my amendment would tie the man, I move to strike the last word. tion on the budget for fiscal year 2006. hands of those responsible for engaging Mr. Chairman, all of us think that b 1515 in civilized diplomatic relations with things that we say in this House are ex- Mr. YOUNG of Florida (during the Iraq, but supporting my amendment tremely important and to all of the reading). Mr. Chairman, I ask unani- would allow for prudent decision-mak- Members in the House. But on occasion mous consent that the remainder of ing and dialogue with the independent there are things that are said in this the bill through page 114, line 24 be nation of Iraq. House that are heard by a lot of people considered as read, printed in the The use of the term ‘‘permanent not only in the House, not only in our RECORD, and open to amendment at bases’’ is a loaded term. The BRAC districts, but in other parts of the any point. process clearly demonstrates there is world. The Acting CHAIRMAN. Is there ob- no such thing as permanent U.S. mili- I understand Mr. KING’s amendment, jection to the request of the gentleman tary bases, even within the United and I understand how serious he con- from Florida? States. Furthermore, military basing siders this to be; but what I am worried There was no objection. agreements can be negotiated for any about is this: if we strike this prohibi- The Acting CHAIRMAN. Are there length of time, including short term tion from this bill that was well amendments to that portion of the and temporary, and they can be re- thought out, what we are saying to the bill? negotiated at any time. I am not pro- Iraqi people and what I am satisfied The Clerk will read. posing installation of permanent bases the propaganda machine of al Qaeda in The Clerk read as follows: in Iraq with this amendment, Mr. Iraq are going to do is use this and say:

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.036 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4271 see there, we told you so. The Ameri- to look for body language and other fuels research program to help reduce cans plan to occupy us for the rest of clues about the truthfulness of the per- our reliance on foreign oil to fly our our lives. son being interrogated. own Air Force planes is not included in We don’t have any plan to do that, And I should mention that the legis- the budget. and we don’t want the Iraqi people to lation I have and what we are talking I was going to submit an amendment think that we are going to do that, and about here has been endorsed by a vari- that I would let the Air Force allocate we don’t want the American people to ety of groups as an effective way to $4 million for B–52 synthetic fuels test- think that we are going to be con- conduct interrogations with the pro- ing, $3 million for other synthetic fuel stantly occupying Iraq. I understand tections of all involved, and I know testing, and about $3 million for stud- Mr. KING’s interest, and most of the they would be supportive of the con- ies on synthetic fuel and suitability for time I agree with him, but in this case ferees acting on this request. I hope use in jet engines. However, I will not I can’t agree with him because I just that I can have the cooperation of my proceed with my amendment in the think it sends the wrong message not friend from Pennsylvania. hope that the honorable gentleman and only to the people of Iraq, not only to Mr. MURTHA. If the gentleman ranking member will pursue this effort the people of America, but to the peo- would yield, is it the gentleman’s un- during conference with the Senate. ple of other Muslim nations who might derstanding that such interrogation is Mr. MURTHA. Mr. Chairman, will say, hey, are we next? Are we going to not currently being videotaped? the gentleman yield? be occupied? Are we going to have Mr. HOLT. The gentleman is correct. Mr. ISRAEL. I yield to the gen- American troops in our streets? We I am informed, well, most recently by a tleman from Pennsylvania. don’t want that to happen. We don’t trip to Guantanamo by the Armed Mr. MURTHA. Mr. Chairman, I think want that message delivered across the Services Committee staff, that you are absolutely right. Matter of oceans. I think that we have to defeat videotaping of detainee interrogations fact, 10 years ago, we put language in this amendment. has not been conducted consistently that would allow them to produce jet The CHAIRMAN. The question is on and uniformly. fuel from coal. The Air Force did not Mr. MURTHA. I can see some merit the amendment offered by the gen- particularly like it, did not particu- to what the gentleman is recom- tleman from Iowa (Mr. KING). larly agree with it, but now this par- The question was taken; and the mending, and certainly I will bring it ticular year they said to me this could Chairman announced that the noes ap- up to the conferees when we get to con- reduce the cost of their fuel substan- peared to have it. ference, and we will see what they say tially. So I agree with you, and we will Mr. KING of Iowa. Mr. Chairman, I and get some expert opinions. I can see do everything we can to work this demand a recorded vote. some merit in what the gentleman is thing out. The CHAIRMAN. Pursuant to clause proposing, and I will certainly do my Mr. ISRAEL. Mr. Chairman, I thank 6 of rule XVIII, further proceedings on best to work something out. the distinguished gentleman, and I Mr. HOLT. Well, I thank the gen- the amendment offered by the gen- know he, above all people, realizes that tleman for his leadership on this and tleman from Iowa will be postponed. our energy dependence is a national se- related issues. I know the gentleman Mr. HOLT. Mr. Chairman, I move to curity issue that we must triumph was instrumental last year in facili- strike the last word. over. I thank the gentleman. I would like to enter into a colloquy tating the establishment of specific guidelines for the treatment of detain- AMENDMENT OFFERED BY MR. CASTLE with Mr. MURTHA, and I would invite Mr. CASTLE. Mr. Chairman, I offer participation of the chairman if he is ees, and I hope that once again he can help refine and strengthen our policies an amendment. so inclined, because I have an issue The Clerk read as follows: that I hope the conferees will consider in this area in conference. I thank the gentleman. Amendment offered by Mr. CASTLE: when they meet to work out the final At the end of the bill, add the following version of the bill. b 1530 new title: Specifically, I would like to ask that Mr. ISRAEL. Mr. Chairman, I move TITLE X—ADDITIONAL GENERAL the conferees examine the need to in- to strike the last word for the purpose PROVISIONS clude funding to provide for the of entering into a colloquy with the SEC. 10001. None of the funds made avail- videotaping of interrogations of detain- distinguished ranking member able in this Act may be obligated or ex- ees in U.S. custody. Mr. Chairman, I want to thank the pended to provide award fees to any defense Now, as Members of this House know, chairman and ranking member and the contractor for performance that does not I have before the House a bill that entire subcommittee for excellent meet the requirements of the contract con- cerned. would, if enacted, require that all work on the Defense Appropriations interactions between detainees at Act of 2007. This act does an extraor- Mr. CASTLE. Mr. Chairman, let me Guantanamo and similar facilities and dinary job of continuing the trans- just start by thanking the gentleman U.S. personnel be videotaped. formation of our forces, while funding from Florida and the gentleman from Videotaping interrogations would not our military at war. Pennsylvania and their staffs for their only help deter any claims of actual or Mr. Chairman, I believe that every exemplary work on what is not easy potential abuse of detainees, but just military threat now and in the foresee- legislation. What I am about to discuss as importantly, it would protect the in- able future is derived from or impacted is something that has been brought terrogators from false accusations of by one thing, and that is our depend- more to light this spring than it had abuse. ence on foreign oil. been brought heretofore, but I think it Indeed, across this country, including We fund a Defense budget of $500 bil- is documented enough that we should in my own district, many police de- lion this year, including supplemental try to add it to this bill. It is a simple partments routinely videotape interro- spending. Of that amount, $10.6 billion but, in my judgment, much-needed gations for precisely these reasons. It is spent on the Pentagon’s direct en- amendment to the legislation before us is a powerful and effective tool for pro- ergy costs alone, and of that $10.6 bil- today. tecting both the interrogator and the lion, $4.7 billion bought one thing, fuel Currently the Department of Defense one being interrogated. for our Air Force planes. That is about spends over $200 billion annually to ac- Additionally, videotaping interroga- the same amount as the President has quire products and services from de- tions would ensure that the maximum budgeted for the National Cancer Insti- fense contractors, including everything possible intelligence value is gained tute this year alone. from spare parts to major weapons sys- during and after the interrogation ses- The Department of Defense uses 97 tems. In an effort to encourage con- sions. If analysts and linguists have percent of all Federal fuel consump- tractors to perform at the highest level the chance to review videotaped inter- tion, and half of that is used for fuel possible, the Department often gives rogations, they have additional oppor- for the Air Force. A single F–16 can its contractors the opportunity to col- tunities to evaluate both the quality of burn 28 gallons of gas a minute, in fact. lectively earn billions of dollars the information gleaned from the in- Mr. Chairman, unfortunately, $10 through monetary incentives known as terrogation, but they will also be able million for the Air Force’s alternative award fees.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.094 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4272 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Unfortunately, while there is no committee had scheduled a hearing to cost, schedule, and capability goals. I look for- doubt that U.S. weapons programs con- look into not only this issue, but a ward to the Department implementing these tinue to be the best in the world, the number of other acquisition issues standards, but until they do we should ensure Department’s acquisition process has where we believe that there can be unwarranted and undeserved payments are at times run into problems such as dra- some performance changes. Unfortu- not paid. matic cost increases, late deliveries, nately, because of a heavy voting day The CHAIRMAN. The question is on and significant performance shortfalls, on the floor, we had to postpone that the amendment offered by the gen- wasting billions of dollars in critical hearing, which will be held sometime tleman from Delaware (Mr. CASTLE). funding. in July now. The amendment was agreed to. In response to these setbacks, Con- In view of that, I want to say that I Mr. KIRK. Mr. Chairman, I move to gress recently asked the General Ac- agree with what Mr. CASTLE is offering, strike the last word. countability Office, known as GAO, to and I am certainly prepared to accept Mr. Chairman, hell hath no furry like study the Department’s use of incen- his amendment. I think it is a good an electronic warfare officer spurred tives and the role they play in the ac- amendment. into action. This field is quite technical and ob- quisition system. On April 5, the GAO Mr. BOEHLERT. Mr. Chairman, I rise in scure, but provides one of the keys to reported that the Pentagon’s current strong support of the Castle/Shays amend- answering the question of why the incentive practices often do not hold ment. As chair of the Science Committee, I United States can command the skies contractors accountable for achieving oversee the National Oceanic and Atmos- with such few casualties. desired outcomes and routinely under- pheric Administration, or NOAA, and the crit- While the Air Force has eliminated mine efforts to motivate contractor ical weather forecasting services it provides. its fleet of tactical jamming aircraft, performance. NOAA is a partner with the Air Force on the the United States Navy has kept Specifically, the GAO noted that the next generation of weather satellites, known theirs, based on the EA–6B Prowler air- Department regularly provides these as NPOESS. craft. The Navy’s choice in this field bonuses to contractors, often giving In May I held a hearing about an Inspector appears to be superior because during them second, third and fourth chances, General report on NPOESS. One of the key conflicts with Bosnia, Kosovo, Iraq and despite the fact that the contractor’s findings of that IG report was that the con- Afghanistan, our joint combatant com- work does not fulfill the Department’s tractor received excessive award fees for a manders have routinely denied entry to expectations. problem-plagued program. Over the first 3 U.S. tactical aircraft in a theater of As part of its report, the GAO issued years of NPOESS—September 2002–Sep- war unless there was a Prowler present detailed recommendations for how the tember 2005—the contractor received 84 per- to ensure that enemy air defenses were Department could improve its strategy cent of the award fee available to it, for a total rendered blind or under attack. for using incentives to motivate excep- of $123 million. This occurred despite the fact Mr. Chairman, the Prowler fleet is tional performance. The Pentagon has the NPOESS is more than 5 years late and its now aging. Most aircraft are well over concurred with the majority of GAO’s total costs have risen from $6.5 billion to 30 years old and are planned to be re- suggestions, and during consideration $11.5 billion. In my mind, that does not rep- placed by the electronic attack variant of the fiscal year 2007 defense author- resent performance worthy of $123 million in of the F–18, the F–18G or so-called ization bill in May, I successfully in- award fees. Growler. The Growler is vital to main- cluded an amendment by voice vote Another investigative body, the GAO, found taining the safety of future Navy air that would implement these reforms. that excessive award fees are not unique to crews sent into harm’s way against While the language included in the NPOESS, but are a problem throughout the competent air defense forces. authorization bill is a crucial step for- Department of Defense. Mr. CASTLE’s, amend- Mr. Chairman, under the committee’s ward, the effectiveness of these ment directly addresses specific recommenda- mark we changed the President’s re- changes will ultimately be determined tions in that GAO report by prohibiting pay- quest from buying 30 F–18E and Fs and by how well GAO’s recommendations ment of award fees if contractors do not meet 12 Growlers to buying 42 F–18E and Fs. are executed. expectations. This would dramatically delay the F–18 The Pentagon recently identified sig- It is absolutely vital that the major programs Growler line for a year and may nificant cost overruns in 36 of its major like NPOESS succeed. NPOESS will provide present a gap in the force protection weapons systems. With such costs rap- our ‘‘eyes in the sky’’ for both civilian and mili- for Navy air crews sent into harm’s idly increasing, my amendment en- tary weather forecasting, and we cannot afford way. sures that none of the funds provided to be stumbling around blind. We cannot allow Mr. Chairman, I would like your as- in this bill will be used to continue the the excessive use of award fees to continue in surance that when we move this bill to wasteful incentive practices identified these major procurement programs and must conference, if there is an additional by GAO. hold contractors accountable for how they 302(b) allocation available, we might be As the Department moves forward in spend taxpayers’ money. I strongly support able to address this critical 12 aircraft complying with GAO’s findings, this the Castle/Shays amendment and urge my F–18G, Growler, model procurement so amendment will provide an additional colleagues to also support it. that we make sure that Navy air crews safeguard, to make certain that these Mr. SHAYS. Mr. Chairman, I strongly sup- have not just what they need now, but funds are not wasted in violation of the port Mr. CASTLE’s amendment to prohibit the what they need in the future with re- new incentive guidelines. Department of Defense from awarding bonus gard to tactical jamming aircraft. Mr. Chairman, cost increases and fees for good performance to any defense Mr. YOUNG of Florida. Mr. Chair- business management weaknesses dam- contractor that does not meet the contract’s man, will the gentleman yield? age our government’s ability to provide requirements. Mr. KIRK. I yield to the gentleman our men and women in the military Mr. Chairman, I’m disappointed we need to from Florida. with the resources to keep us safe. debate this subject. I’m disappointed that while Mr. YOUNG of Florida. Mr. Chair- While we obviously have a lot of work our servicemen and servicewomen are in man, thank you very much for yield- ahead of us to improve the efficiency of harm’s way, and while the Congress and the ing, and I would say to the gentleman, military spending, I believe this American taxpayer are spending billions of as you and I have discussed this many amendment is a simple way to work dollars to ensure they have all the resources times, the importance of this capa- with the Department to make certain and equipment they need, the Defense De- bility cannot be overstressed. It is ex- that incentives are being used to maxi- partment is paying bonuses to companies that tremely important. mize its return on investment and pro- haven’t earned them and companies are ac- The gentleman has reminded me, and vide soldiers with needed capabilities cepting bonuses that are not due to them. I remember very well, in Kosovo and at the best value for the taxpayer. During consideration of the Defense Author- Bosnia we had to bring the EA–6Bs Mr. YOUNG of Florida. Mr. Chair- ization Act, we wisely passed an amendment from all over the world to concentrate man, I move to strike the last word. also authored by Mr. CASTLE that requires the on their mission there. So the addi- Mr. Chairman, the subcommittee is Defense Department to develop and issue tional capability, I think, is well-in- well aware of the issue that the Castle standards that link award and incentive fees to tended. I will be glad to work with the amendment addresses. In fact, the sub- desired program outcomes, such as meeting gentleman as we go to conference.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.097 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4273 As you are well aware, our 302(b) al- The bill before us today pays for the b 1545 location was $4 billion less than the costs of our operations in Iraq, paid for Mr. CHOCOLA. Mr. Chairman, in President’s request, and so we had to with taxes from the American people. 1998, the Department of Defense had a do some cutting. Unfortunately, there At the pump the American people pay very good idea. They had the idea that are a lot of things that we would have for gasoline, and some of the profits they should consolidate the literally liked to have done that we just could are finding their way into the pockets millions of trips DOD personnel made not do. The money was not there, but of the terrorists that our brave men every year on an electronic-based trav- the gentleman makes a very important and women are fighting right now. So, el management system that would re- point that this capability is extremely in essence, we are paying for the war sult in quicker, easier, and more effi- important, I think more so than most on terror twice, and we have to stop cient travel and thus saving taxpayers people realize, but as an officer who this insanity. money. flew in those aircraft, you know an The way to do it is to look at alter- Despite the good idea, Mr. Chairman, awful lot about this. native means of producing our energy. 8 years and almost $500 million later, So I am with you. I want to do the We have to take the fight to the terror- what we have is a no-bid contract to best we can to enhance our capability. ists before they come back here, and develop a system that is essentially in- Thank you for bringing this issue to that is not the only part of the solu- operable, has pitifully low utilization the Congress. tion. What we do here at home is obvi- rates, and cannot even guarantee it can Mr. KIRK. Mr. Chairman, I thank the ously just as important. So ending our book the lowest applicable airfare. chairman and wish to work with you dependence on oil must be a key to Therefore, Mr. Chairman, my amend- and the Chief of Naval Operations on this. ment would simply limit the money this and make sure that we can work Just yesterday Roll Call ran a special available to fund this failed effort, together in conference to make sure section called, ‘‘Fueling Alternatives.’’ which is known as the Defense Travel our Navy air crews have full electronic There were editorials by myself, by System, or the DTS. support. Senator BURNS, former Senators Dole Now, I know that some will oppose this amendment and they will say that AMENDMENT OFFERED BY MR. ENGEL and Daschle, and we all spoke of the we cannot afford to stop the invest- Mr. ENGEL. Mr. Chairman, I offer an importance of ethanol as an alter- ment now because we have invested so amendment. native fuel. Columns by Senator BAYH much and we are so close to success. The Clerk read as follows: and Representative KINGSTON talked about providing incentives to con- The unfortunate reality is that we Amendment offered by Mr. ENGEL: must stop now because we have wasted At the end of the bill, insert the following sumers to purchase alternative-fuel ve- provision: hicles. I am doing a bill with Rep- so much and success is nowhere in sight. I think that argument has been SEC. . It is the sense of Congress that the resentative KINGSTON that would do ex- made in 2002, 2003, 2004, 2005, and now Department of Navy is to be commended for actly that, wean us off of Middle East- 2006; and I think it is time to cut our having the highest percentage of Alternative ern oil. losses. Fuel Vehicles acquired by any federal agency We have a broad, bipartisan group of during fiscal year 2005. After 8 years of development and al- Members of Congress who see the bene- Mr. YOUNG of Florida. Mr. Chair- most $500 million spent, less than 15 fits for our national security, our econ- percent of all DOD travel is actually man, I reserve a point of order on the omy and our environment if we take gentleman’s amendment. booked on the system. Logically, that these steps to end our addiction. means over 85 percent of the travel in The CHAIRMAN. The gentleman And so I find myself on the floor from Florida reserves a point of order. DOD is booked on traditional travel again, though this time I am pleased to services. Every trip that is booked on Mr. ENGEL. Mr. Chairman, I rise be able to talk about the good work of today to commend the Navy for having the system is also manually reviewed two agencies of the Federal Govern- by a travel agent to confirm that the the best record for purchasing alter- ment; two agencies that are in the native-fuel vehicles of any agency in transaction is complete and that it has forefront of our fight against ter- attained the lowest applicable airfare the Federal Government. Whereas the rorism; two agencies that are strained overall record for all agencies is just 26 because the system cannot guarantee to the limit with incredible demands; that it can attain the lowest applicable percent of all new acquisitions being two agencies that have, in the midst of alternative-fuel vehicles, the Navy had airfare. numerous other missions, taken a So if you divided the amount of tax- a 62 percent of AFVs, which is 2,722 of small step to lead the way to our safe- payer money we have invested in this the 4,338 vehicles they acquired. ty and security. So I commend the system with the number of trips that I have been making these amend- Navy and I commend the Army and for have actually been successfully booked ments on every appropriations bill be- all that they do and for being the lead- on this system, each transaction costs cause I feel so strongly that we ought ers as well in procuring alternative- about $1,500 before the actual travel to have the different agencies abide by fuel vehicles. cost or the travel agent fee. And what the laws that Congress passes which Mr. Chairman, I will cede the point of makes this situation even worse is that would require them to purchase more order, and I ask unanimous consent to there are other GSA-approved elec- alternative-fuel vehicles. withdraw my amendment. tronic-based travel systems that are The Army is also to be commended The CHAIRMAN. Is there objection fully operational today and do not cost because this one agency purchased 8,835 to the request of the gentleman from the taxpayers one penny in mainte- alternative-fuel vehicles, about 50 per- New York? nance or development cost and only cent of the 17,703 vehicles the Army ac- There was no objection. charge on a per-transaction basis for quired last year. In fact, the Army ac- AMENDMENT OFFERED BY MR. CHOCOLA every successful transaction when it is quired more AFVs than all the other Mr. CHOCOLA. Mr. Chairman, I offer actually used. civilian agencies combined. Mr. Chairman, spending $.5 billion on Many of you may think that I am an amendment. The Clerk read as follows: a travel system that does not work and fast becoming a broken record coming nobody uses might actually be worse Amendment offered by Mr. CHOCOLA: to the floor and talking about alter- than the days when the DOD spent $640 native-fuel vehicles. I prefer a more apt At the end of the bill (before the short title), insert the following: on toilet seats. At least people used the metaphor: I feel like the squeaky toilet seats. wheel. TITLE X—ADDITIONAL GENERAL PROVISIONS Mr. Chairman, I encourage my col- From the bottom of my heart, I be- leagues to support the amendment. lieve that our Nation’s addiction to oil SEC. 10001. None of the funds made avail- Mr. YOUNG of Florida. Mr. Chair- has a direct threat to our national se- able by this Act may be obligated or ex- pended for the development, deployment, or man, I rise in opposition to the amend- curity. The Federal Government has to operation of the web-based, end-to-end travel ment. lead the way that will ease our depend- management system of the Department of Mr. Chairman, this amendment ence on unstable, undemocratic, oil- Defense known as the Defense Travel Sys- would bar all funds in this act for de- producing sheikdoms. tem. velopment, deployment, or operations

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.100 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4274 CONGRESSIONAL RECORD — HOUSE June 20, 2006 for the Defense Travel System. This case can be made that it is essential to The Defense Travel System was envi- would put us back to millions of indi- our national security or essential to sioned as an end-to-end E-travel sys- vidual transactions that would be al- our war effort. tem for DOD employees. Yet with the most totally unaccountable and which We are sitting here in very chal- money spent, we could have, for the would have no proper oversight. lenging fiscal times, when our national next 40 years, given Orbitz $1 million a I admire the gentleman’s goal in try- debt, in just a few years, has gone from month; plus, with the additional $50 ing to come up with a system that is $5.5 trillion to $8.5 trillion, Mr. Chair- million that we are putting in, we better than DTS, but I don’t think he man. Of course, at the same time, tax could pay them another $4 million a has done that. He has just done away revenues have escalated. We have per- month just to use their computer sys- with the DTS. We are attempting to sonal tax revenues up 15 percent and tem to do approximately the same get some integrated financial manage- corporate tax revenues are up 40 per- thing. ment at the Pentagon, and DTS is just cent. That would seem to indicate that Or else, if we had decided for the 15 one of the many programs that is try- the challenge in the national debt is on percent of the people who are actually ing to accomplish this integration. The the spending side. using the system, we could have program has some problems, but I So when you have 10,000 Federal pro- bought a fleet of $250 million personal don’t think we ought to kill the effort grams spread across 500 to 600 different jets and used $1 million a year to fuel and go back to ground zero and start agencies, it is almost impossible for those jets up and fly the people around. all over again. any one Member or any one committee All the facts point to a system that The prohibition on spending any to have effective oversight on each and is behind schedule, overbudget, and money to develop, deploy or operate every one. So I applaud the gentleman inoperably broken, costing taxpayers a would bar the Department from even from Indiana on his work here. Because lot of money. At times like this, Con- gress should help agencies stop digging operating the current system and we all know that soon, soon in Amer- themselves deeper holes. This amend- would also bar the Department from ica’s future we will face a very, very ment will stop funding this wasteful continuing any improvements to DTS. bad fork in the road. One fork is going program and allow DOD to stop digging This would ultimately leave the De- to lead us to a Federal Government that consists of almost nothing but themselves into a deeper hole they partment’s 3.5 million active duty mili- should not be in and reconsider a bet- tary, reserve, and civilian employees Medicare, Medicaid, and Social Secu- rity. There may be no Department of ter plan for scheduling, ticketing, and without any travel system. DTS is cur- paying for travel. rently the only system that can meet Defense. There may be no Border Pa- trol. We will see that in one genera- I urge my colleagues to support the the full spectrum of cost, capability, gentleman’s amendment. security, and savings requirements, as tion. The other fork in the road is going to Mr. MURTHA. Mr. Chairman, I rise well as the protection of personal infor- lead to doubling of taxes on the Amer- in opposition to the amendment and mation so important to the Defense ican people. And that is unconscion- ask for a ‘‘no’’ vote. Department and its global travelers. able, Mr. Chairman. It is just uncon- The CHAIRMAN. The question is on Interrupting development of this im- the amendment offered by the gen- scionable. We all know the old saying a portant program would cause an enor- tleman from Indiana (Mr. CHOCOLA). billion here, a billion there, and pretty mous disruption, adversely affecting The question was taken; and the soon we are talking about real money. and, in some cases, seriously jeopard- Chairman announced that the noes ap- Well, it looks like we have at least $.5 izing Defense Department mission re- peared to have it. billion here that has been spent on a quirements. I believe this amendment Mr. CHOCOLA. Mr. Chairman, I de- system that nobody is using, that costs is well intended, but I believe that bar- mand a recorded vote. way beyond what the marketplace is ring all funding would be a serious mis- The CHAIRMAN. Pursuant to clause charging now, and there are alter- take, so I oppose the amendment. 6 of rule XVIII, further proceedings on native systems developed by private Mr. HENSARLING. Mr. Chairman, I the amendment offered by the gen- enterprise that are doing a better job rise today to support the amendment tleman from Indiana will be postponed. and being utilized by others. of the gentleman from Indiana. Cer- AMENDMENT OFFERED BY MR. MARKEY So, indeed, our Nation faces two Mr. MARKEY. Mr. Chairman, I offer tainly there is no government agency great threats. The war on terror, of or no government Department that is an amendment. course, is the greatest threat; but we The Clerk read as follows: immune from having waste, fraud, or have another threat, and that is out-of- abuse and duplication; and this does in- Amendment offered by Mr. MARKEY: control spending. And every Member, At the end of the bill (before the short deed include the Department of De- every Member of this body has the re- title), insert the following: fense. sponsibility to root out the waste, the TITLE X—ADDITIONAL GENERAL I have no doubt that there is much fraud, and the abuse; and that is why I PROVISIONS hard work that has been done by the salute the gentleman from Indiana for SEC. 10001. None of the funds made avail- gentleman from Florida, the chairman what he has done. able in this Act may be used in contraven- of the subcommittee, but I also believe I don’t think the case has been made tion of the following laws enacted or regula- that every single Member of this body that this is essential to our national tions promulgated to implement the United has a responsibility, has a duty in defense. I don’t think the case has been Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treat- these challenging fiscal times to root made that it is helping taxpayers. So out the waste, the fraud, the abuse, and ment or Punishment (done at New York on we need to prevent future tax in- December 10, 1984): the duplication wherever they can find creases. We need to prevent more debt (1) Section 2340A of title 18, United States it. being placed upon our children and our Code. I think that once again, as we look at grandchildren, and I think we need to (2) Section 2242 of the Foreign Affairs Re- how much money the taxpayers have adopt the amendment of the gentleman form and Restructuring Act of 1998 (division already invested in a system that from Indiana, and I once again salute G of Public Law 105–277; 112 Stat. 2681–822; 8 clearly does not work, when 85 percent, him for his work. U.S.C. 1231 note) and any regulations pre- approximately 85 percent of the travel Mr. PEARCE. Mr. Chairman, I move scribed thereto, including regulations under out of DOD is booked in other systems part 208 of title 8, Code of Federal Regula- to strike the last word. tions, and part 95 of title 22, Code of Federal and only 15 percent in the DTS, clearly I want to thank the gentleman from Regulations. there are alternative systems avail- Indiana for offering his amendment to (3) Sections 1002 and 1003 of the Depart- able. GSA has already approved two E- H.R. 5631. Mr. CHOCOLA has been a con- ment of Defense, Emergency Supplemental travel systems that are being used stant fighter against waste, fraud, and Appropriations to Address Hurricanes in the throughout the Federal Government abuse, and today he offers an amend- Gulf of Mexico, and Pandemic Influenza Act, and could also be used by DOD. ment that gives us sound responsible 2006 (Public Law 109–148). So what we have now is already $.5 oversight, which is a critical part of Mr. MARKEY (during the reading). billion that is being invested in a sys- our job here in Congress. He has done Mr. Chairman, I ask unanimous con- tem that doesn’t seem to save any us a favor by bringing this program to sent that the amendment be considered money, and certainly I don’t think the our attention. as read and printed in the RECORD.

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.107 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4275 The CHAIRMAN. Is there objection important that the United States Con- when we are spending millions of dol- to the request of the gentleman from gress make it very clear to anyone who lars? Massachusetts? would listen that we do not intend to I would submit that spending like There was no objection. use torture and that we do not use tor- this doesn’t just waste precious defense Mr. MARKEY. Mr. Chairman, the ture or inhumane treatment. dollars, but it leaves taxpayers hanging amendment which I am offering today As the gentleman suggested, the in the wind. is a simple one. It serves to reaffirm House agreed with the McCain amend- Let me simply conclude by saying the United States’ commitment to the ment, and it was included in last year’s that this applies to many amendments Convention Against Torture. It does legislation. that I will address today. They may be this by prohibiting the use of funds in worthy projects, yes, but how can we b 1600 contravention of laws and regulations justify them? How can we justify using promulgated to implement the Conven- We believe that the Markey amend- the money in the defense bill? tion Against Torture. ment basically restates existing law, Here we have a technology, wind gen- Now, this may all seem very familiar, and because of that we have no objec- eration. Let me just say in March 2005 because I offered essentially the same tion. at the request of Congress, the Depart- amendment to three appropriation The CHAIRMAN. The question is on ment of Defense issued a renewable en- bills on this House floor last year, and the amendment offered by the gen- ergy assessment that stated that cur- each time the amendment was adopted tleman from Massachusetts (Mr. MAR- rently 2.5 percent of the energy used on with near unanimity. And since those KEY). military installations is already from votes, we also passed the amendment of The amendment was agreed to. renewable sources. This level of renew- Senator MCCAIN, which prohibits cruel, AMENDMENT OFFERED BY MR. FLAKE able energy use meets a Federal goal inhuman or degrading treatment of de- Mr. FLAKE. Mr. Chairman, I offer an already set by the Department of En- tainees under the law. amendment. ergy. But President Bush, in his signing The Clerk read as follows: In addition the report indicated the statement of that bill, announced that Amendment offered by Mr. FLAKE: best way to increase the level of renew- he did not feel bound by the restric- At the end of the bill (before the short able energy being used by military in- tions on this administration’s ability title), insert the following: stallations would be through pur- to be able to torture individuals who TITLE X—ADDITIONAL GENERAL chasing commercially developed renew- come within the protection of the PROVISIONS able energy, not by spending ear- United States Government. The Bush SEC. 10001. None of the funds made avail- marked money, millions of dollars, to administration says that it can choose able in this Act may be used by the Office of put windmills there. to ignore what the United States Con- the Secretary of Defense for the project des- We know that wind energy is the gress says and actually what the Presi- ignated as the ‘‘Wind Demonstration most unreliable there is, and how we dent signs, a bill which binds him to Project’’. are supposed to pursue renewable implement. Mr. FLAKE. Mr. Chairman, this proc- projects to increase energy security at This House cannot and should not ess of challenge earmarks on the floor military installations by installing allow the administration to get away is often described at tilting at wind- windmills simply strains reason. with simply ignoring laws enacted by mills, so I suppose it is only proper Mr. MURTHA. Mr. Speaker, I rise in Congress. This is particularly the case that we start today with an earmark opposition to the amendment. when we are talking about torture, for the wind demonstration project. There are a lot of ideas that Members where the international reputation of This amendment seeks to prohibit of Congress come up with that the De- our Nation is at stake. $6.3 million from being used to fund partment of Defense initially opposes, In addition to refraining from the this project. It appears that this is the and then they find out all at once they practice of torture under international second year in a row that this project work. law, we also have a responsibility as a has received multiple millions of dol- For instance, some years ago we Nation that we not outsource torture lars in Federal funding. Last year’s de- came up with a research project to to other countries, that is, that we fense appropriations included $4.25 mil- produce fuel for jets out of coal, and render, that we extraordinarily render lion for this same earmark. It appears now you would think it was the Air prisoners who we have captured to the funding was not requested by the Force’s idea, and we will save as much other countries which we know engage administration. as 50 percent of oil costs for the jet in torture, and accept as a promise While little information is made fuel. This is something where the com- from that country they will not torture available in this year’s report, last mercial side is way ahead, and we cer- these individuals, even though these year’s conference report indicated that tainly ought to be trying to reduce our countries are on the list of the State the funding is for a ‘‘wind demonstra- dependence on foreign oil. I would ask Department as countries that we know tion project on a U.S. Air Force instal- for a ‘‘no’’ vote on this amendment. engage in torture. lation using domestically manufac- The CHAIRMAN. The question is on This policy must be rejected by this tured turbines that are new to the U.S. the amendment offered by the gen- House. We should not and cannot un- market to test the security and reli- tleman from Arizona (Mr. FLAKE). dermine our standing as the inter- ability of wind generation on base.’’ The amendment was rejected. national leader in human rights by al- So I ask when this country is at war AMENDMENT OFFERED BY MR. SCHIFF lowing for the outsourcing of torture in and seeing unprecedented increases in Mr. SCHIFF. Mr. Chairman, I offer the name of the United States to fight the Federal debt, why are we spending an amendment. terrorism, because we send a signal to more than $10 million on windmills for The Clerk read as follows: the rest of the world that we are not military bases? How is it in the list of Amendment offered by Mr. SCHIFF: willing to abide by the rules that we extensive and costly priorities for the At the end of the bill (before the Short say we intend for the rest of the world United States military that testing Title), insert the following: to adopt. newly introduced turbines rises to the TITLE X—ADDITIONAL GENERAL And make no mistake, that is what list above research and development PROVISIONS this country is doing when it carries that could save lives? How is it possible SEC. 10001. (a) None of the funds made out renditions of prisoners that we in addition that taxpayers could be available in this Act may be used to engage have captured to notorious human asked to spend more than $10 million in electronic surveillance in the United rights’ violators; it is outsourcing tor- on an earmark that doesn’t even in- States except as authorized under— ture. It must be rejected. I urge an clude such basic information as where (1) the Foreign Intelligence Surveillance this will be sited or what companies Act of 1978 (50 U.S.C. 1801 et seq.); or ‘‘aye’’ vote on my amendment. (2) chapter 119 or chapter 121 of title 18, Mr. YOUNG of Florida. Mr. Chair- will directly benefit from the funding? United States Code. man, I move to strike the last word. How can we honestly say to Members (b) For purposes of this section, the terms As usual, Mr. MARKEY is very persua- that Members have a real oversight, ‘‘electronic surveillance’’ and ‘‘United sive, as he has been in the past. It is that we have real accountability here States’’ have the meanings given those

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.110 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4276 CONGRESSIONAL RECORD — HOUSE June 20, 2006 terms in section 101 of the Foreign Intel- be a sufficient limiting principle, but In underscoring the importance of ligence Surveillance Act of 1978 (50 U.S.C. the executive is no more infallible than this, on January 25, 2 days later, the 1801). we are here in Congress, and so we have President of the United States said, Mr. SCHIFF. Mr. Chairman, I would a role to play. ‘‘The 9/11 Commission made clear in like to commend Chairman YOUNG and In enacting FISA, Congress specifi- this era of new dangers, we must be Ranking Member MURTHA for forging a cally sought to balance our national able to connect the dots before the ter- strong bill to fund our Defense Depart- security interests with legitimate civil rorists strike so we can stop new at- ment and DOD entities, and I applaud liberty concerns. In so doing, Congress tacks.’’ And the NSA program, he said, them for their hard work and dedica- expressly permitted surveillance with- is doing just that. tion. As we consider this important bill out court order for 15 days after the Those of us on the Armed Services today, I appreciate the opportunity to declaration of a war. Committee and other Members of Con- address a crucial issue. Additionally, Congress provided the gress in various other capacities work At the outset, I want to thank my authority to engage in electronic sur- night and day trying to provide a high colleague Mr. INSLEE for all of his lead- veillance for up to 72 hours without level of national security for our coun- ership on this issue, which has been court order. try. This amendment would do damage tremendous. We have been working Furthermore, after the September 11 to that effort. It would make that ef- side by side on this amendment today. attacks, the administration came to fort at least much more difficult. I would also like to thank Mr. FLAKE Congress and asked us to modify FISA To the credit of the CIA and to the that I have introduced legislation to respond to the new challenges in the credit of the administration and our along with for his tremendous leader- war on terror, and Congress responded government generally, we have been ship. This amendment is, in fact, based by making those changes. able to get through the years since on legislation that I have offered with Electronic surveillance of al Qaeda September 11, 2001, without additional Mr. FLAKE. I also want to thank Mr. operatives and others seeking to harm attacks. VAN HOLLEN for all of his leadership. our country must continue; it simply The activities are reviewed for this The bill that I introduced with Rep- can and should comply with the law. program every 45 days. We are making resentative FLAKE several months ago We stand ready to work with the ad- every attempt to make sure that this was a bipartisan bill of five Democratic ministration if further statutory revi- program is carried out correctly and Members and five Republican Members, sions to FISA or other authorities are safely and doesn’t infringe on the and addresses the NSA surveillance required to meet the new challenges in rights of the American people. The program that almost every Member of the war on terrorism. Until then, we NSA’s activities under this authoriza- this body learned about in the morning must restore the rule of law. I urge the tion are thoroughly reviewed by the newspaper. House to do so today. Justice Department and NSA’s top This amendment recognizes two im- I know my colleagues Mr. SHERMAN, legal officials, including NSA’s general portant principles: First, that the gov- Mr. INSLEE, and Mr. VAN HOLLEN will counsel and inspector general. ernment must have all of the tools nec- want to strike the last word to speak Mr. Chairman, I strongly oppose this essary and all of the authority required on this as well. amendment. to pursue al Qaeda and other terrorists Mr. SAXTON. Mr. Chairman, I rise in Mr. MURTHA. Mr. Chairman, I rise who would seek to harm our country. opposition to the amendment. in opposition to this amendment. And second, this amendment recog- Mr. Chairman, Chairman HUNTER, The problem we have here is those of nizes that we are a Nation of laws. the chairman of the Armed Services us who have been briefed on the pro- While the President possesses the in- Committee is not here today due to a gram, even though admittedly we were herent authority to engage in elec- important personal commitment in his not briefed until it became public, tronic surveillance of the enemy out- district, and he asked me to state his can’t talk about the program. I was side the country, Congress possesses opposition to this amendment. briefed for an hour and 45 minutes, and the authority to regulate such surveil- Mr. Chairman, I think it goes with- I feel comfortable that there are ade- lance within the United States, and, in out saying that this is an extremely quate safeguards. But we can’t talk fact, Congress has spoken in this area important provision, and this amend- about the safeguards. through Title III and through the For- ment would do, in my opinion and in I asked NSA, what can we say about eign Intelligence Surveillance Act. Chairman HUNTER’s opinion, great the program and not violate the secu- When Congress passed these statutes, damage to the ability of our country to rity? And they said, well, you have to it intended that they provide the sole provide national security for the Amer- look at what the President said. Well, authority for surveillance on American ican people. I looked at what the President said, soil. Our amendment simply reinforces That is why the administration also and he didn’t say very much. This is a existing law that the government must strongly opposes the Inslee-Schiff real problem we are getting into, and obtain a court order when U.S. persons amendment. It is a direct effort to cut the more we talk about it, the more are targeted or surveillance occurs in off the President’s ability to engage in difficult it makes it. the United States of America. surveillance pursuant to his constitu- Now you are actually authorizing Recently when the Attorney General tional authority, and the authorization this program. If you vote for this, you testified in the Judiciary Committee, I to use military force as passed by the authorize this program. You say you asked about the limiting principle of Congress. have safeguards. That is what you are the NSA program; was it restricted The program has been briefed to all going to have. If this passes, this au- only to international calls; what if the members of the House and Senate In- thorizes this program. At one point we administration decided tomorrow it telligence Committees. They are fully couldn’t even say that this program ex- had the inherent authority to tap pure- briefed to all aspects of the terrorist isted. So I think this is a very difficult ly domestic calls between two Ameri- surveillance program and are con- time for those of us who have been cans, did it feel it could do so without ducting oversight. briefed about it. court order; and the Attorney General I would just point out NSA Director said that he would not rule it out. He General Hayden said on January 23, b 1615 would not rule out having the pure au- 2006, at the National Press Club, ‘‘The And I know there are a lot of people thority without going to court to tap TSP allows interception of the inter- in the executive branch that know the calls between two Americans on national communications of people about it. But the way I read this American soil. with known links to al Qaeda and re- amendment, you say follow the proper So what is the limiting principle if lated terrorist organizations. There are procedure and you agree with the this program can change from day to no communications more important to amendment. You agree with the proce- day without the input of Congress? The the safety of this country than those dures. I think that there is some real only limiting principle is the good affiliated with al Qaeda with one end in benefit if they do it right. But if this faith of the executive, which, when the the United States. The purpose here is passes, I think you ought to know this executive shows it is infallible, might to detect and prevent future attacks.’’ is authorizing the program. And if it

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.042 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4277 fails, you are saying, in fact, let them this is far beyond politics. It goes a lot Intelligence Committee or the chair- go ahead and not pass. So we are in a deeper. This goes to the safety and the man of the Full Committee or someone catch-22 position here, Mr. Chairman. security of American people wherever can say, yes, the administration is And we can’t talk about it at all. And they might be. And it is unfortunate complying with FISA, and they have I think we have to be careful that more that we can’t reveal everything that is taken this program to the FISA court and more people don’t talk about it so done, how it is done, where it is done, for clearance. That is what people who that more people don’t know the value when it is done; but believe me, it is ef- support this amendment are concerned of the program. We have got a heck of fective and the privacy of the Amer- about, that Congress enacted legisla- a problem here. And I recommend we ican people have been protected. tion here saying that if you want to go vote against it. But if we vote against Mr. SCHIFF. Will the gentleman out and gather this kind of informa- it, then we actually are saying, well, yield? tion, you have to first go to the FISA you can go ahead with the program as Mr. YOUNG of Florida. Yes, of course court to get approval and to show it is. And yet I believe there are I would yield. cause. I think that is what this really enough safeguards. But if we pass it, Mr. SCHIFF. Mr. Chairman, I appre- all gets down to. we actually are authorizing the pro- ciate your thoughts and I appreciate The CHAIRMAN. The time of the gram. your yielding. And we are up against a gentleman from Florida (Mr. YOUNG) I don’t even know if we can work it vicious enemy, and we ought to have has expired. out, Mr. Chairman, because there are every power of intelligence and every (On request of Mr. DICKS, and by so few people that really know about tool in the tool box and I completely unanimous consent, Mr. YOUNG of Flor- the program. agree with that. I think we can do that ida was allowed to proceed for 2 addi- Mr. SCHIFF. Will the gentleman within the laws that the Congress has tional minutes.) yield? passed. And the gravamen of my con- Mr. DICKS. So that is the question Mr. MURTHA. I will be glad to yield. cern is something that took place in we have here, Mr. Chairman. Mr. SCHIFF. I thank the gentleman the Senate, when one of our GOP col- Mr. YOUNG of Florida. I will con- for yielding. The amendment says that leagues asked the administration, dur- tinue to yield in just a minute. On the there is a prohibition on using funds to ing the debate over the PATRIOT reau- legal aspects of this, I am going to Mr. fund this program unless it meets the thorization, which I supported, do we LUNGREN. I think he is prepared, and he requirements of FISA. Any part of the need to change FISA. We were making will probably get his own time, because program that does meet the require- modest changes to FISA, and the Re- I am limited to 2 minutes. ments of FISA, meet the existing law publican Senator said, Do we need to But in the minute I have left, I will passed by the Congress, could continue do something larger? And the adminis- yield to Mr. LAHOOD. to be funded. Those parts that don’t tration response was no, that FISA is Mr. LAHOOD. Mr. Chairman, let me meet the requirements of FISA, the ad- operating just fine as it is. just say I am the longest-serving mem- ministration will have to go back. Now, if there are changes that need ber of the Intelligence Committee. I Mr. MURTHA. Let me take back the to be made, there is a 72-hour after-the- am in my eighth year. I am the vice time. I agree with that. I agree. And I fact authorization. If that window is chairman of the committee. think there are sufficient safeguards in too short, it can be lengthened. If there If it were disclosed, the answers that the program already. We are in a bad are other problems, they be changed. you want, it would be a violation of situation here, Mr. Chairman. I don’t And all that can be changed without those who serve on the committee and know that I can say any more. disclosing to the public the nature of those who have been briefed. They Mr. YOUNG of Florida. Mr. Chair- the program itself. can’t disclose that information. They man, I rise in opposition to the amend- I haven’t been briefed on it. I am not will be thrown off the committee. ment. As Mr. MURTHA has suggested, one of the lucky few, or maybe I am Mr. DICKS. I was on the committee there is a lot that can’t be said about lucky. But it concerns me when the ad- for 8 years and served as the ranking this amendment and about this pro- ministration says we don’t need to member. gram. But what I would like to say is, change existing law, when I think we Mr. LAHOOD. I know you were. But let’s don’t tie our hands behind our can retain all of these tools, but the this is highly classified information. back when we are fighting a vicious, Congress can play its role in making The CHAIRMAN. The gentleman cruel enemy. sure that these programs are author- from Florida has the time. Intelligence is extremely important ized by law, that they are not being Mr. YOUNG of Florida. Mr. Chair- in the war against terrorism. First of conducted extralegally. man, I have yielded to the gentleman all, you don’t have, in this particular Mr. YOUNG of Florida. Well, let me from Illinois. war, you don’t have an army against an reclaim my time and suggest that if Mr. LAHOOD. This is highly classi- army. You don’t have a country you want to rewrite FISA, you don’t do fied information. What you all need to against a country. You have terrorists it on the floor on an appropriations know is, the people that you have put attacking innocent people here in the bill. You introduce a bill, or you go to your trust in, that the leadership have United States on September 11, and the proper committee of proper juris- put their trust in, those that serve on leading up to September 11, and any- diction. This is not something you do the Defense Appropriations Sub- where else in the world that they de- on the floor. This is serious. It is not committee, those that serve on the In- cide that they are going to attack. something you do on the floor without telligence Committee have been One of the best defenses against these any real hearings or consideration. If briefed. Now you have to trust them attacks is the ability to know where you want to change FISA, let the au- that they know what is going on here. they might be or when they might thorizing committee change it. They All 435 members can’t be briefed. You strike or what the target might be. are the ones that have the jurisdiction. know why they can’t be briefed, be- Don’t deny the people on the front Mr. DICKS. Will the gentleman cause we all love to talk and it would lines of this intelligence war and infor- yield? get out. mation war and the hot war, don’t deny Mr. YOUNG of Florida. I will. So what I am saying to you, the gen- them every tool that they can possibly Mr. DICKS. I am also one of those tleman from California, the author of have. who have not been briefed on this par- the amendment, you need to trust Mr. As Mr. MURTHA said, for those that ticular program. But I would like to MURTHA, you need to trust the chair- have been briefed on this program on a ask the gentleman, is the gentleman man of the committee. You need to regular basis, I am not aware of anyone suggesting that the administration is trust Mr. HOEKSTRA. You need to trust who is concerned that the rights of not complying with FISA? JANE HARMAN. These are people with Americans to their privacy have been Mr. YOUNG of Florida. I am not. the responsibility from your leadership violated. I certainly do not believe that Mr. DICKS. Well, you know, that to serve on these committees. They the rights of Americans have been vio- would certainly clear it up without know what is going on. lated in this program. And so I think it getting into any classified information Mr. SCHIFF. Will the gentleman is crucial to oppose this amendment; if somebody here, the chairman of the yield so I can respond to the question?

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.118 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4278 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Mr. YOUNG of Florida. Mr. Chair- tions, as well as the House Select Com- I along with Mr. FLAKE, Mr. INGLIS, Mr. man, I would suggest that the other mittee on Intelligence. I’d like to an- LEACH, and others have introduced the Members get their own time. swer several questions that have come bill. We have not been able to get a Mr. OBEY. Mr. Chairman, I move to up with this amendment. hearing in committee, and so the only strike the last word. When questioned about the purpose opportunity for us to raise this issue is Mr. Chairman, I do not want to get of this amendment, the author said on the House floor into the specific debate on this amend- that he thought that the FISA law, or Mr. TIAHRT. Reclaiming my time, I ment because I think there are equities the Foreign Intelligence Surveillance suggest you pursue your bill then, be- on both sides. But I must comment on Act, should be rewritten. And there are cause what you are doing here abso- a statement that was just made by the some who believe that legislation lutely ties the hands of the Federal gentleman from Illinois when he said should be rewritten because it was Government from protecting us, and it that the reason this information can’t originally penned in 1978, and we have does not rewrite FISA. be more broadly shared is because peo- had significant changes in technology Now, let me also make this argument ple in Congress like to talk. since that time. Each of us carries a that FISA is a very narrow portion of When Mr. Negroponte was before the phone or BlackBerry, none of which ex- our law. There is a much broader scope Defense Appropriations Subcommittee, isted in that format back at the time. that is applicable to the situation nec- and I have been an ex oficio member of So there have been changes that have essary to protect this country. So fo- that committee now for over 12 years, gone on to our technology. cusing on one portion of the law is but when I asked Mr. Negroponte, who, But to answer the question of the tying our hands and trying to make the after all, is the Director of Intel- gentleman from Washington, the ad- whole world comply with this one nar- ligence, when I asked him whether or ministration does believe that they are row segment of law, in my view, it ties not he could cite a single instance in within the current law, and they do be- our hand, and I don’t think we should which any member of the Defense Ap- lieve they have the authority to do do it. propriations Committee had ever what the gentleman has alleged that What I would suggest is that you leaked any classified information, he they are doing. I don’t think that there withdraw this amendment, pursue your indicated he could not. is anything that really needs to be ex- bill, along with the Republican cospon- I also asked him, and I think this is sors, because this does tie our hands. It an accurate recollection, I also asked pressed much beyond this, except that gives us an opportunity to be less safe, him if he could tell me how many the gentleman from California (Mr. and I suggest the gentleman withdraw times stories had appeared in the SCHIFF) said he believes that FISA should be rewritten, if it doesn’t meet his amendment. Washington Times that his own agency Mr. INSLEE. Mr. Chairman, I move thought had been leaked by the execu- the requirements of today’s environ- ment, it should be rewritten. This to strike the last word. tive branch of government. Mr. Chairman, there are times where And I asked him how many times he amendment doesn’t do that. All this the Constitution needs to be consid- thought those leaks had been provided amendment does is strike funds for any ered, and this is one of those times. by the Defense Appropriations Sub- electronic surveillance program in the Those of us who support this amend- committee. And his response was, to United States. And I think that would ment, I hope that both Republicans and the best of his knowledge, none. be an opportunity for putting this Democrats will do so because I think And yet, I want to make clear, not country in peril. Republicans and Democrats ought to all members of the Defense Appropria- One of the reasons we haven’t had an agree on one central proposition, and tions Subcommittee have been briefed. attack since September 11, 2001, is be- that is the proposition that our govern- Now, I believe they should have, be- cause we have used every means nec- ment ought to protect our citizens ag- cause taxpayers dollars go through the essary to keep ahead of the terrorists. gressively, assertively. We need elec- appropriations bill, and I think every b 1630 tronic surveillance to be doing it to the member of that subcommittee needs to The terrorists have used videos to ad- full extent of the law, and that intel- know what the facts are on this case. vance their ideals. They have used the But the fact is, let’s not get into the ligence should be done in compliance Internet. They have used Web sites. belief that it is the Congress who rou- with the American way. They have tried to raise money and tinely leaks. The White House rou- There is an American way to do in- reach out and touch Americans in a tinely leaks more classified informa- telligence, and there is a Chinese way negative way again and again and tion than the Congress even has. And to do intelligence. There is a Turkish again. And this country has done ev- anybody who doesn’t believe that way to do intelligence. There is a Rus- erything possible to prevent that from doesn’t know the score. sian way to do intelligence. And there Mr. DANIEL E. LUNGREN of Cali- happening, and they have done it suc- is an American way to do intelligence. fornia. Will the gentleman yield? cessfully, and they have done it by And the American way to do intel- Mr. OBEY. Yes, I would be happy to using technology. And this amendment ligence is to do a very simple thing: yield. appears to be tying hands on our abil- Comply with the law that has been Mr. DANIEL E. LUNGREN of Cali- ity to use technology, and I think that passed and signed by Congresses and fornia. I can’t quote Mr. Negroponte, is wrong. Presidents. but I can quote Benjamin Franklin Mr. SCHIFF. Mr. Chairman, will the And all this amendment does is say a who, in 1776, explained the unanimous gentleman yield? very simple proposition: You don’t decision of the Committee on Secret Mr. TIAHRT. I yield to the gen- spend taxpayers’ money to do illegal Correspondence for not telling their tleman from California. acts by the Federal Government. That colleagues in the Continental Congress Mr. SCHIFF. Mr. Chairman, I thank is all it says. And when it passes, we about a covert operation. And he said the gentleman for yielding. will do assertive, aggressive intel- we find by fatal experience that Con- Very quickly, the only thing the ligence of these scoundrels by doing a gress— amendment provides is that surveil- very simple thing: Get a warrant. And Mr. OBEY. I am going to take back lance on American soil cannot be fund- if you do not have time to get a war- my time. I was prepared to entertain a ed if it is not in compliance with FISA. rant, get it 72 hours after you do the serious question. That is not a serious So if you are in compliance, if this pro- intelligence, because the FISA Court question. I am not interested in what gram complies with FISA, it could go allows that to happen. That is the sim- happened 200 years ago. I am interested on. ple proposition here. in what is happening today and tomor- Just to address the chairman’s point, Now, why is that important? It is im- row. and this is on the same point you are portant because the people who fought Mr. TIAHRT. Mr. Chairman, I move making, too, which is we should not be the Revolution realized that no Amer- to strike the requisite number of debating this on the House floor, that ican is perfect, and that includes no words. you should introduce the bill, and it American President. To the propo- Mr. Chairman, I am a member of the should be heard in committee. Mr. sition that all men are created equal, Defense Subcommittee on Appropria- Chairman, we have introduced the bill. you can add the proposition that no

VerDate Aug 31 2005 03:50 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.120 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4279 man is created perfectly. And that is tion which gives the President execu- opinion in the Katz decision. These are why we demand some judicial oversight tive authority, coupled with his au- the words of Justice White: ‘‘Wire- on this. thority as Commander in Chief of the tapping to protect the security of the And, by the way, the central argu- Armed Forces, forms the basis for the Nation has been authorized by succes- ment I have heard about this is that a surveillance of al Qaeda members and sive Presidents.’’ In other words, it did few Congressmen have said it is okay, those who are affiliated with al Qaeda. not start with this administration. He apparently. Well, calling a few Con- The President’s actions are certainly said, ‘‘The present administration gressmen is not enough under the law. consistent with the Founding Fathers, would apparently save national secu- Why? Because the law is very specific. as expressed in John Jay’s observation rity cases from restrictions against It says that each application for an in Federalist Paper No. 64: ‘‘The Presi- wiretapping.’’ Again, Justice White’s order approving electronic surveillance dent . . . will be able to manage the words: ‘‘We should not require the war- under this subchapter shall be made by business of intelligence in such manner rant procedure and the magistrate’s a Federal officer in writing, upon oath as prudence may suggest.’’ An exam- judgment if the President of the United or affirmation, to a judge. To a judge. ination of historical records makes States or his chief legal officer, the At- And we are great Congressmen. I have clear that the Founding Fathers in- torney General, has considered the re- eminent respect for all the people who tended the President to have primary, quirements of national security and were briefed on this. But not a single if not exclusive, control over the busi- authorized electronic surveillance as one of them wears a black robe, and ness of intelligence. We may not like reasonable.’’ not a single one of them was given au- it, but that is what the Constitution As explained publicly by the Presi- thority by the United States Constitu- establishes. We may have a FISA law, dent, he followed the prescription of tion to make this decision. Calling RAY but that does not restrict the President Justice White. He has personally had or NORM or any of my great colleagues if, in fact, he has inherent authority hands-on over this. He has had his At- and saying, ‘‘Does this sound okay to under the Constitution. torney General with hands-on author- The argument that the President has you,’’ is not enough in American de- ity over this. But then in addition, he somehow violated the law misunder- mocracy. did notify the Congress. He notified the stands that the Constitution is the su- Now, we have had other occasions in leadership of the House and the Senate. preme law of the land. Congress has no our democracy where we have been He notified the leadership of the House more authority to intrude on the exec- challenged by fear, and I do not want and the Senate committees of jurisdic- utive authority of the President than to see us succumb to that again. And tion. No, he did not notify all of us, but the President does on the enumerated for those of us who think it shouldn’t he comported with the law and the in- authority of the Congress. As James bother us, the President is not going to terpretation of the Constitution sug- Wilson argued during the ratification bug us, other nations have lost their debate in his own home State of Penn- gested by Justice White. liberty because of that attitude, be- I would suggest if one looks up the sylvania: ‘‘The President of the United cause some Supreme Court Justice said definition of the word ‘‘moderate’’ in States can shield himself and refuse to loss of liberty does not come like a cur- Webster’s Dictionary, you would find carry into effect an act of Congress tain coming down like a thunderclap. the picture of Justice White. He start- that violates the Constitution.’’ In the It comes the way the twilight comes, ed the middle ground on all of this. same context, John Jay points out in So I would suggest, as we look at gradually, and you do not notice. Federalist 64 that ‘‘it surely does not Do not wink at this potential viola- this, we understand that we may have follow that because they have given tion. Say that we are going to do intel- a debate about how the President has the power of making laws to the Legis- ligence the American way. For those done it, but to suggest that what he lature, that therefore they should like- people in Iraq and Afghanistan who are has done is unlawful or illegal does not wise give them power to do every other risking their lives for democracy and recognize either the Constitution or act of sovereignty by which the citi- the liberties we enjoy, don’t we have zens are to be bound and affected.’’ The the comments of the Founding Fathers enough gumption to send a simple mes- United States Supreme Court summed in support of the Constitution. Mr. DICKS. Mr. Chairman, I move to sage to the executive branch of the it up well in Ex parte Miligan: ‘‘Nei- strike the requisite number of words. United States from the U.S. Congress, ther can the President in war more Mr. Chairman, when President Carter a very simple message that we expect than in peace intrude upon the proper signed the FISA into law, he said in his the law to be fulfilled, that our per- authority of Congress, nor Congress signing statement: The bill requires for sonal protection to be fulfilled by get- upon the proper authority of the Presi- the first time a prior judicial warrant ting a warrant the way the law re- dent. Both are servants of the people, for all electronic surveillance for for- quires? That is all that we require. whose will is expressed in the funda- eign intelligence or counterintelligence Mr. DANIEL E. LUNGREN of Cali- mental law.’’ fornia. Mr. Chairman, I move to strike It is interesting to note for those who purposes in the United States in which the requisite number of words. have talked about historical record communications of U.S. persons might Mr. Chairman, I rise in opposition to that the First Congress, which created be intercepted. It clarifies the execu- this amendment. the Department of Treasury and the tive’s authority to gather foreign intel- There has been a lot of talk about Departments of War and Foreign Af- ligence by electronic surveillance in following the law. People seem to ig- fairs, gave Congress access to the the United States. It will remove any nore what Griffin Bell said at the time records and papers of the Treasury De- doubt about the legality of those sur- the Carter administration brought this partment, but not to the Departments veillances which are conducted to pro- bill before the Congress to be passed of Foreign Affairs and War. It is clear tect our country against espionage and into law. At that time he very care- that the power of the President vis-a- international terrorism. It will assure fully said that enactment of FISA did vis Congress was broader with respect FBI field agents and others involved in not exclude the authority the Presi- to foreign affairs than it was in the do- intelligence collection that their acts dent has under the Constitution. mestic realm of governance. We may are authorized by statute, and, if a per- We have heard on this floor about il- not like it, but that is what the Con- son’s communications are concerned, legal acts. I would remind my col- stitution says. by a court order, and it will protect the leagues that the supreme law of the According to Madison, the ultimate privacy of the American people. land is the Constitution, and the Presi- check on Presidential power possessed In my reading of FISA, and I served dent has inherent authority under Ar- by the Congress rests with the ‘‘first for 8 years on the Intelligence Com- ticle II of the Constitution in this area. principle in free government.’’ mittee, 4 years as the ranking member, We may not like it, but the fact of the According to John Marshall in I do not think there is an exception matter is that is one of the reasons you Marbury v. Madison, the limits on such here. I do not think the President of have elections for a President, to have Presidential authority must be found the United States has inherent author- the authority and the power that he elsewhere in the Constitution itself. ity to violate FISA. has under the Constitution. The vest- Look, we ought to look at what Jus- If you took Mr. LUNGREN’s approach ing clause of Article II of the Constitu- tice White observed in his concurring to this problem, he can comply with

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There is When the Attorney General testified in We have offered that numerous times one way and only one way to gather committee, he said he believed, as evi- in the Judiciary Committee, yet we are foreign surveillance information do- dently my colleague from California told, no, you don’t need to change it. mestically, and that is you go and get does, the President has the inherent Of course we don’t need to change it if a warrant and go to the FISA Court authority to tap calls between two they can simply go around it. So I first. First. And maybe you have 72 Americans on American soil, that he think the gentleman’s amendment is hours to do that. That is certainly un- wouldn’t rule that out. perfectly proper. derstandable. Well, I am not satisfied by an argu- Believe me, if this amendment But in my mind, if you want to ment that says, trust us. We are from passes, and the administration feels change FISA, change FISA. But I can- the government. compelled, they will come directly to not accept an interpretation that says Mr. DICKS. Mr. Chairman, reclaim- Congress and ask for the authority, but the President can comply with FISA ing my time, I think President Carter they will do it right, and I think the when he wants to, and he does not have had it right. He said all electronic sur- Congress will be glad to give it to to comply with it when he does not veillance for foreign intelligence or them. But there has to be bounds here. think it is in his best interest to do so. counterintelligence purposes in the We are the elected representatives. It He is not a king. He is a President. United States has to come under the struck me when one of the Members in Mr. INSLEE. Mr. Chairman, will the FISA Court. That makes sense. That opposition to this amendment said a gentleman yield? is, I think, the purpose of this amend- lot of people in the executive branch Mr. DICKS. I yield to the gentleman ment, is to make certain that the know about this program. That ought money is being expended in compliance from Washington. to be disturbing to a lot of us, that far with FISA. Mr. INSLEE. Mr. Chairman, I want more people in the executive branch The gentleman is a cosponsor of this know about this program than the people to understand the sweeping amendment. Is that your under- elected representatives of the people. scope of Mr. LUNGREN’s argument. standing? Does that not disturb anybody around What he argues is that the President of Mr. INSLEE. Mr. Chairman, if the here that many people over in the exec- the United States, during a time of fear gentleman will yield, that is exactly utive know about it and we don’t? and war that we are now in, has the un- right. The President can do all of the We are told in the National Security checked, unfettered, unlimited author- intelligence he needs to do in a way Act that the President is supposed to ity to ignore not just FISA, but any that complies with FISA. That is what inform the committees of jurisdiction. law passed by the Congress of the we want him to do. That is what the It doesn’t say a few members of those United States and signed by any Presi- Constitution requires. committees, the committees of juris- dent. His argument here means that no Mr. FLAKE. Mr. Chairman, I move to diction. law restricts this President or any strike the last word. I think we simply ought to follow other President to do anything else. Mr. Chairman, I thank the gen- this. This is a reasonable amendment. I Not just intelligence. Torture, false tleman, the main sponsor of this would urge those in my party and the imprisonment; you go as far as you amendment, and I am pleased to be a other party to support it. want. cosponsor of it. Mr. VAN HOLLEN. Mr. Chairman, I Mr. DICKS. Mr. Chairman, reclaim- I would love for the President to have move to strike the last word. ing my time, I want to ask the author this authority, as he should have it. I Mr. Chairman, I am pleased to join of the amendment. would love to give him this authority, with my colleagues in offering this Both of you are the authors of this but I think unless he is going to go amendment. amendment. under FISA, he ought to come ask for I think we should all be able to agree There is no restriction on the utiliza- it. I think that he needs it, I think it on a couple things. This is an ex- tion of money if the President has com- is proper. tremely important issue. It should be plied with FISA; is that not correct? But when we are told, as we have beyond partisan politics. We should use Mr. SCHIFF. Mr. Chairman, will the been on the Judiciary Committee by all our means to intercept communica- gentleman yield? the Attorney General, that he feels tions from al Qaeda for our national se- Mr. DICKS. I yield to the gentleman that any domestic surveillance could curity. We should also abide by the from California. be okay, he wouldn’t rule it out, what rule of law. Mr. SCHIFF. That is absolutely isn’t allowed? Why does the President The rule of law is not an a la carte right. The only thing that the amend- need FISA at all if he can simply go thing. You don’t get to pick and choose ment does is it says that when you are around it? What purpose does FISA which laws you like and which laws surveilling people on our home soil serve? Why did we go through what we you don’t like. We don’t say to the here in the United States of America, went through for months and months American people when we pass statutes it has to be authorized by FISA. If it is with the initial PATRIOT Act and then in this Congress and they are duly not authorized by FISA, if it is outside for a year to reauthorize it? signed by the President in accordance of FISA, you cannot use the funds in In the end, we had to ask ourselves, with the Constitution, pick the ones this bill. after hearing the testimony of the At- you like to comply with and ignore the torney General, why did we do this? ones we don’t like. b 1645 Why are we so specific and so careful Well, this President and any Presi- The gentleman from Illinois says, about the powers that we give to the dent should not be held to any different ‘‘Trust us. There are some of us that executive when they can simply ignore standard than the American people know the program, trust us. We can’t it and go on their own? It simply begs when it comes to abiding by laws duly disclose information about the pro- the question if you are not going to use passed by this Congress and signed by gram here on the House floor.’’ I am FISA, why not just run amuck? the President in accordance with the not asking anyone to disclose informa- I submit that the acid test for Repub- Constitution, and that is what this de- tion about the program on the House licans on this has to be, would we be bate is all about. floor. The only question raised by this comfortable if a Democrat were in the The amendment is very simple. It is amendment is are we funding programs White House using this authority? I so straightforward, I am just going to that are in contravention of existing have to say I wouldn’t be. But nor am read a portion of it right now. ‘‘None of law, FISA. I comfortable with a member of my the funds made available in this act I think you are exactly right about own party having it. may be used to engage in electronic my colleague from California’s argu- There is a separation of powers argu- surveillance in the United States ex- ment, which is basically the President ment here. We are a coequal branch of cept as authorized under the Foreign

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.126 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4281 Intelligence Surveillance Act of 1978’’ rule of law. We can protect the Amer- eral principle, ignoring Griffin Bell is a and other chapters cited here. ican people, we can intercept al Qaeda good idea. I have always done that in In other words, comply with the laws communications, and we can do it in important cases. But what Griffin Bell passed by this Congress and signed by accordance with the rule of law. said or didn’t say doesn’t tell us. the President. I urge my colleagues to adopt this And this is the question, not what Now, we have heard from our col- amendment. John Jay said or this one said, because leagues on the Intelligence Committee Mr. FRANK of Massachusetts. Mr. you can quote each other to death. to trust us, this is a needed program. A Chairman, I move to strike the req- What kind of Constitution do you lot of us haven’t had the benefit of that uisite number of words. want? Do you want one where the information. But I would say, many of Mr. Chairman, I congratulate the au- President of the United States without us have not disputed the need for the thors of this amendment. The debate any check can do what he thinks best? program. here and potentially the outcome con- Because, by the way, the courts won’t Maybe we should have this program. firm a very important point: We do not be involved here, because they can We certainly want to intercept any suffer in this country from a problem avoid a court decision by never pros- communications from al Qaeda. But it of the Presidential usurpation of ecuting based on this evidence. does concern me that the members of power. We suffer from congressional So the only potential check here is if the same Intelligence Committee can- dereliction of duty. It is not a case of we say no. Yes, you can wiretap, as not tell us whether or not the program the President overreaching. It is a case long as you can get a warrant. And get- as it is currently configured is com- of us ducking and dodging and letting ting warrants under FISA is not hard. plying with FISA. That certainly is not him do all the tough issues. But we do not like the principle of an a classified thing, whether or not it is This amendment is a very simple unchecked Presidential power. configured to comply with FISA. The one. Now, Members have said on the I will yield to my friend from Cali- fact that the members of the Intel- other side, I heard the gentleman from fornia if he will begin by answering ligence Committee cannot tell us Kansas say, why don’t you bring in a this question: Conservatives tell me whether it is configured with FISA or bill? Two reasons: First of all, if we they like to be textual with regard to not is troubling. brought in a bill, it would never see the the Constitution. Would he cite for me, Mr. DICKS. Mr. Chairman, will the light of day. How can a majority party I thought maybe the Constitution got gentleman yield? which has specialized in strangling leg- changed while I wasn’t looking, so I Mr. VAN HOLLEN. I yield to the gen- islation at its birth complain when we went and read article II, it took about tleman from Washington. don’t think that is a good way to de- a minute and a half, it is a pretty small Mr. DICKS. Mr. Chairman, all of the bate important issues? article. I am glad to see the President articles in the Washington Post that But there is another reason. This is can get paid. It is right there in the talked about this said that it wasn’t, in one that can sustain a veto. The Su- Constitution. some cases. None of us get in trouble preme Court has made it very clear: It But would he cite for me the text of for disclosing that fact. Your amend- will not referee disputes between the the Constitution, article II, which em- ment doesn’t restrict money if it does executive and legislative branches. The powers the President to do this, even if comply with it. only way you can put some restraint Congress tells him not to? Mr. VAN HOLLEN. Mr. Chairman, re- on a President who is acting without I will just add this. With regard to claiming my time, absolutely. If it restraint is by an amendment that says Youngstown Sheet and Tube, as I recall complies with FISA, it is fine. there are limits on what he can do with the analysis, it was there are three sit- Now, what is troubling is the Attor- the money. uations. I will ask for additional time, ney General was asked way back why Now, we have heard selected because I would like to have a col- he didn’t come to Congress to seek quotations from John Jay. Poor old loquy. The President acting alone, the changes to the law to accommodate John Jay hasn’t been mentioned in President acting with Congress, and this program, and he said he considered years. I am glad his spirit has been in- the President acting in contradiction that possibility, but then he didn’t voked. But nobody much cares about to what Congress has said. think Congress would pass it. Well, if John Jay most of the time. The analysis has always been acting that is your conclusion, you don’t get We have had some Supreme Court with Congress, the President is at the to just say, well, I am going to ignore cases cited. Youngstown Sheet and peak of his powers. Acting alone, it is the law and circumvent it. You have to Tube against Sawyer, which restricted unclear. Acting in contravention to work with Congress. the President in a time of war, was not what Congress has said, he is at his What is really troubling is I think all mentioned. weakest. Here, since we have FISA, of us here, if we heard the same infor- Let’s be very clear: History does not this is in contravention to what Con- mation that members of the Intel- dictate the answer. This calls on every gress has told him to do. ligence Committee say they have ac- Member of this House to say what kind So I would now yield to the gen- cess to, would also conclude it may be of Constitution do you want? Do you tleman. Would he begin just by citing a necessary program. But if it is, let’s want one in which the President can the parts of the Constitution that are put it within the confines of the law. have unchecked executive power, not relevant, and then, obviously, he is free That is all this amendment does. just in time of war, but any time? to say what he wishes. Yes, it authorizes electronic surveil- We are in what the President now Mr. DANIEL E. LUNGREN of Cali- lance. We want it to authorize elec- says is a war against terrorism that is fornia. I thank the gentleman for yield- tronic surveillance. But we want to au- unlikely to have an end. So we are not ing. I was speaking of the vesting thorize electronic surveillance within talking about temporary wartime pow- clause in the U.S. Constitution that the confines of existing law, and if ex- ers. We are talking about what kind of gives the President with the executive isting law can’t accommodate that pro- Constitution do you want? powers—— gram, let’s come back here, let’s pass a We have a President who has asserted Mr. FRANK of Massachusetts. Please statute and change it. his right to do whatever he thinks nec- read it. I would ask the gentleman lit- Those who say FISA hasn’t been essary to protect the country, includ- erally to please read it, because I think changed, it is outdated, the fact of the ing, remember, arresting American it doesn’t say what he says it says. matter is we have made eight changes citizens and having them incarcerated Please read it. to FISA since its enactment in 1978. We indefinitely with no chance to present Mr. DANIEL E. LUNGREN of Cali- can make more changes to FISA right a case. The Supreme Court said, whoa, fornia. I don’t have the exact words. now to accommodate this program. that goes a little too far. But this is Mr. FRANK of Massachusetts. I But let’s just make it clear: If you what the President has asserted with would ask, would a page bring me the don’t think you can get a law passed by regard to FISA. Constitution while we are talking? the Congress, you don’t get to choose One gentleman said, well, remember Mr. DANIEL E. LUNGREN of Cali- to ignore it. It is not an a la carte sys- what Griffin Bell said. I will be honest fornia. It is the vesting clause of the tem. Our Constitution is based on the with you, I have found that as a gen- Constitution, vesting in the President

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.128 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4282 CONGRESSIONAL RECORD — HOUSE June 20, 2006 the executive authority, coupled with could then do this anyway in some that the executive power is vested in his authority as Commander in Chief. other fashion? I would yield to him. him simply is a way of putting the Now, let me just say to the gen- Mr. DANIEL E. LUNGREN of Cali- question. The question is, What is the tleman, so we can make it clear, I have fornia. This doesn’t cover all expendi- executive power? never argued that the President has tures of the President under all cir- I yield to the gentleman from Cali- this authority in all things, as some cumstances. This is limited to the fornia. have suggested, to kill people, to do funds that are contained in this bill, as Mr. SCHIFF. I thank the gentleman this, to do that. I have cited authority you know, because it is an appropria- for yielding. I just want to get to one which suggested in the area of gath- tion bill. question that has I think not been an- ering foreign intelligence, which is But could I mention one thing, be- swered to the opposition to this amend- about what we are talking. cause there has been some question ment. And that is, the suggestion is by Secondly, I would just say that the about this. The FISA court of review those who know the program better gentleman is right that we do have the issued an opinion in 2002 which stated: than I do that parts of it don’t meet power of the purse. all the other courts that have decided the requirements of FISA. And my The CHAIRMAN. The time of the the issue held that the President did question is, Why can’t this program be gentleman from Massachusetts (Mr. have inherent authority to conduct authorized by law? Why can’t we FRANK) has expired. warrantless searches to obtain foreign change the law to authorize it? (By unanimous consent, Mr. FRANK of intelligence information. Mr. FRANK of Massachusetts. I will Massachusetts was allowed to proceed Mr. FRANK of Massachusetts. We are answer the gentleman’s question: be- for 2 additional minutes.) beyond that. Look, I do not think the cause the President and his supporters Mr. FRANK of Massachusetts. I yield Constitution, I will be honest with you, do not want to concede that there is to the gentleman from California. I think people decide and then they any limit on his power even if he could pick the—— b 1700 get this done through FISA, and that is Mr. DANIEL E. LUNGREN of Cali- the—— Mr. DANIEL E. LUNGREN of Cali- fornia. Can we talk about—— The CHAIRMAN. The time of the fornia. I don’t argue at all that this is MR. FRANK of Massachusetts. I am gentleman from Massachusetts (Mr. an inappropriate amendment to be con- taking back my time. Let us debate FRANK) has again expired. sidered, because this is the proper exer- the merits. Let us not hide behind—— Mr. FRANK. I ask for an additional cise of our authority to the power of The CHAIRMAN. The time of the minute. the purse. What I have suggested is the gentleman from Massachusetts (Mr. The CHAIRMAN. Is there objection arguments that the President is acting FRANK) has again expired. to the request of the gentleman from illegally or unlawfully are not appro- (By unanimous consent, Mr. FRANK Massachusetts? priate, because he is acting under the was allowed to proceed for 2 additional Mr. YOUNG of Florida. Reserving the Constitution, in my judgment. minutes.) right to object, and I will not object, Mr. FRANK of Massachusetts. I take Mr. FRANK of Massachusetts. I just but we are talking in circles. We are back my time. So the gentleman then want to say, stop hiding behind vary- not even talking about some of the agrees with this point. There is noth- ing degrees of constitutional interpre- main issues that are before us. The ing inappropriate about this amend- tation. By hiding behind them, I mean sponsor of the amendment just admit- ment. So while he believes the Presi- this: I don’t think that people sat and ted that we are talking about an au- dent is within his power to do this, said, oh, geez this is what John Jay thorization. This is an appropriations does the gentleman agree that if this told me and this is what I am bound by. bill. This should be done at an author- amendment is adopted by a majority, I think we are talking here about what ization committee where you all are. the President would be bound by it? we think public policy ought to be. Mr. FRANK of Massachusetts. I Mr. DANIEL E. LUNGREN of Cali- Should the President or should not the thank the gentleman. fornia. He would be bound by it with President have to get a warrant Mr. YOUNG of Florida. Just a respect to the expenditure of funds in through FISA? That is the text of this minute. It is under my reservation. this particular bill. I don’t think there amendment. Let us debate the public Let us bring this to a close. We can is any question about that. policy. repeat our arguments so many times. I Mr. FRANK of Massachusetts. So I yield first to the gentleman from withdraw my reservation. that if he can find, I thank the gen- Washington. The CHAIRMAN. The gentleman tleman and I appreciate that. I take Mr. DICKS. I just want to say to the withdraws his reservation. back my time. The gentleman knows gentleman, I agree with that. I also The gentleman from Massachusetts the rules. The gentleman knows the think that the American Bar Associa- is recognized for 1 minute. rules. He may not know the Constitu- tion looked at this. They came to the Mr. FRANK of Massachusetts. In my tion, but he knows the rules. I take conclusion that the President had to remaining minute, I understand, I will back my time just to say, so we under- comply with the FISA law. say that my good friend from Pennsyl- stand—— Mr. FRANK of Massachusetts. Let vania I think is probably not distressed The CHAIRMAN. The time of the me just say this. Here is the constitu- that we are talking about something gentleman from Massachusetts (Mr. tional text that my friend from Cali- that is not the heart of the bill. But FRANK) has again expired. fornia invoked, and pretty accurately. the fact is, I will close by this, we are (By unanimous consent, Mr. FRANK Good memory the gentleman has. Arti- talking about it here because this is was allowed to proceed for 1 additional cle II, section 1: The executive power the only enforceable way to put re- minute.) shall be vested in a President of the straints on the President. And I will Mr. FRANK of Massachusetts. Let us United States of America, period. tell you why I think it is important. have the common ground. The question Now, he says that gives him the Chaplain Yee at Guantanamo, Burton here, and I think I will accept this, we power. This is circular. Why does the Mayfield in Oregon, Wen Ho Lee under are not debating constitutionality President have the power? Because he the Clinton administration, there are, here; we are debating what public pol- has the executive power. But we are sadly, cases of entirely innocent indi- icy ought to be. The gentleman from precisely here defining for ourselves, as viduals who were prosecuted and gone California agrees it is appropriate for Americans today, what the executive after. us to consider it and agrees that, if it power is and has meant to be. All this I don’t think the President is ill in- passes, the President is bound by it. says is that he has the executive tended here. And I think the law en- Now, I would yield to the gentleman. power. Does the executive power mean forcement people are the good guys; I Are there other places the President he can lock somebody up without a just don’t think they are the perfect can then find this money? Is that what trial as he has said it does? Does the guys. So I want to give them power, the gentleman is saying? If the Presi- executive power mean he can ignore an but I want to subject that to some dent were to be bound by this, would act of Congress and wiretap when he check beforehand and some process the gentleman suggest the President wants to? That is the question. Saying afterwards. And that is what we are

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.129 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4283 saying here. We are fully in favor of the opportunity or will be given the op- American Bar Association and numer- empowering law enforcement, but we portunity when they get new questions ous civil liberties groups support H.R. do not want them to be exclusive in the to have every single one of their ques- 5371. But my further question is, Do exercise of that power. And asking that tions answered. you agree that the entire program they go before a judge to justify it We have a way ahead on our author- should be covered by law? The Presi- when they are going to be wiretapping izing committee. The ranking member dent may have inherent authority to an American seems to us to be reason- has introduced legislation that she do things, but eavesdropping on Ameri- able and to do no harm to America. thinks may address some of the issues. cans in America must be covered by And to repeat my answer to the gen- But we know that FISA and electronic the law that Congress passed. I am not tleman from California: the opponents surveillance is a very, very difficult asking you to agree to that point be- of this amendment are the proponents issue because technology has changed cause you may not, although I feel of the view that the President’s power significantly since FISA was originally strongly about it. But I am asking you should be entirely unchecked, and that developed. And so we are going to move whether you agree that it is the Con- is dangerous. forward, and I am thrilled that within gress that should determine the legal Mr. HOEKSTRA. Mr. Chairman, I the Intelligence Committee we are basis for the President’s actions and move to strike the last word. going to continue a bipartisan way not the White House acting unilater- I thank the Chair, and I appreciate ahead. It doesn’t mean we are going to ally. the discussion and the debate that we agree, but it does mean that we have Mr. HOEKSTRA. Reclaiming my have had on this amendment. I join laid out a process as to what the needs time. I thank the gentlewoman for her with the chairman of the sub- are of the intelligence community to comments. From my perspective, it is committee and the ranking member of keep America safe, what the legal very, very important that Congress the subcommittee in opposing this framework is, and evaluate the changes create the legal framework by which amendment. in technology and the environment so the President exercises his authority. It would jeopardize one of the most that we can do the necessary oversight And the only thing that could overrule critical abilities to detect and prevent and protect and balance civil liberties our legislative box that in our case we terrorist attacks on the United States. with the needs of America’s security. put the intelligence community in In addition, it would interfere with an Ms. HARMAN. Mr. Chairman, will would be the overriding authority of ongoing course of oversight that has the gentleman yield? the Constitution. been conducted on a bipartisan basis by Mr. HOEKSTRA. I yield to the gen- I thank my colleagues. the leadership in the authorizing com- tlewoman from California. Mr. HINCHEY. Mr. Chairman, I move mittee since the inception of this pro- Ms. HARMAN. I appreciate it that to strike the last word. gram. you mentioned bipartisanship and men- Mr. Chairman, I want to thank my It is the day after 9/11 and the Presi- tioned our committee. I had not been colleagues for bringing this issue to the dent has asked NSA, other parts of the planning to speak during this debate. I floor in the form of this amendment intelligence community, the military: have great admiration for the bipar- today. I think that they have done the What is the threat? How do we most ef- tisan sponsors of this amendment. I country a great service. If this House fectively respond? And what is the also agree with their point, which is had been doing its job properly, this that the total program must comply threat to the Nation? And he has asked issue would have been out here on the fully with FISA. But my view is, as the floor of the House of Representatives the intel community and the military chairman has stated, that we should quite some time ago. to come back with various options as deal with this issue in the legislative The fundamental principle that we how best to protect the United States committee. And the reason we should are dealing with here is simply this: we in that time of uncertainty, and the ex- deal with this issue in the legislative are a Nation of law. All of our law is ecutive branch and the various agen- committee is that it is, as everybody based upon the Constitution. There is cies come back with a series of pro- here fully understands, very, very com- nothing in the Constitution that gives posals as to exactly what they believe plicated. A number of us, 50 of us, are the President of the United States the can be done and should be done to keep supporting H.R. 5371, The Listen Act. authority to violate the law. The Presi- America safe. The CHAIRMAN. The time of the dent of the United States has violated The President doesn’t act unilater- gentleman from Michigan (Mr. HOEK- the law. ally; the President acts in a collabo- STRA) has expired. This is not the first administration rative basis. It is not an overreaching (By unanimous consent, Mr. HOEK- that has sought to govern the country of an Executive. STRA was allowed to proceed for 2 addi- on the basis of the creation of a cli- To my colleague from Arizona, if a tional minutes.) mate of fear. As one of our colleagues President of the other party went Ms. HARMAN. I would like to ask pointed out earlier in this debate, that through the same processes that this our chairman: Will you agree that that can be traced all the way back to the President went through and exercised bill and perhaps others will be the sub- Adams administration, the first Adams these authorities would I support that ject of the committee oversight and administration. But that attempt even- President? My answer would be dif- the subject of a legislative hearing in tually was overthrown, and it didn’t ferent than my colleague from Arizona; our committee at a reasonable future take a long time. the answer would be, yes, because the date? process was very straightforward. Four Mr. HOEKSTRA. Reclaiming my b 1715 times within the first 8 months after 9/ time, absolutely. And as we have The last time we had a President of 11, it was a collaborative process be- talked about it, and I appreciate the the United States who wanted to en- tween leaders of this House and the patience of my colleague as we have gage in illegal surveillance on the U.S. Senate who sat down with the ex- worked through the briefings of the en- American people, the last time we had ecutive branch and reviewed this pro- tire committee and as we move for- a President like this one who was en- gram in detail. Do you know what they ward, the legislative hearing on H.R. gaging in that kind of activity, was the said? This is a program that is nec- 5371 and other legislative initiatives Nixon administration. President Nixon essary in a time of uncertainty. We that some of our colleagues are devel- engaged in illegal surveillance on the support this program, and it needs to oping that address both the FISA American people. As a result of that move forward. issues which may apply to the current and other things, he was forced out of We have had some discussions and program but also which will be further office. disagreements as to the extent of the reaching in terms of taking a look at Subsequently the Congress developed number of people that should have been different technology and those type of the Foreign Intelligence Surveillance briefed on the authorizing committee. things as that has evolved is something Act, FISA, in 1978. There are some of us We have worked through that process, that I think we can do on a bipartisan who believe that FISA itself is a com- and now every single person who has basis, and I am committed to doing. promise of the fourth amendment of the desire to be briefed on this program Ms. HARMAN. And if you would yield the Constitution. The fourth amend- is briefed on the program and have had to me again, first, to note that the ment of the Constitution guarantees

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.133 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4284 CONGRESSIONAL RECORD — HOUSE June 20, 2006 independence and privacy to every sin- was enacted, that was enacted to limit This is a good debate because this de- gle American citizen, and there are unbridled Presidential authority. I be- bate has been going on for months and some of us who believe that the FISA lieve FISA is the only way that you months, and this is a horrible, horrible Act compromises that. Nevertheless, it can proceed; that the President must amendment because it ties one hand is the law. go to FISA if he is going to conduct behind our back, and it should be de- So what do we have now? We have a these kind of foreign intelligence ac- feated, and we should vote it soon and President who has gone beyond the tivities. vote it down. Foreign Intelligence Surveillance Act, Mr. HINCHEY. Mr. Chairman, re- Mr. INSLEE. Mr. Chairman, will the who has engaged in illegal surveillance claiming my time, the gentleman is ex- gentleman yield? against the American citizens. actly right. That is the law currently. Mr. WELDON of Florida. I yield to ANNOUNCEMENT BY THE CHAIRMAN Whether that law violates the Con- the gentleman from Washington. The CHAIRMAN. The Chair would di- stitution is an open question. Never- Mr. INSLEE. Mr. Chairman, I appre- ciate your courtesy, and I do think this rect the Member not to refer to the theless, because it has not been con- is an important debate. I appreciate President of the United States in ac- tested, it is the law, and the President, the administration, all of us have to your perspective. cusatory terms. I want to ask you a forthright ques- Mr. HINCHEY. Mr. Chairman, I in- live by that law. tion. Do you understand that under the tend to speak in the way that I believe There is nothing that gives the Presi- scenario you have posed, that you can is appropriate, and I will continue to dent of the United States or anyone in this administration the authority to go over the executive, 72 hours after do so. the event, 72 hours after the event, you The Foreign Intelligence Surveil- engage in surveillance of the American go and get a warrant, you can continue lance Act was set up to ensure that the people, not a single American citizen, your tap, you can get the intelligence, President did not violate the law and outside of the definition requirements within the Foreign Intelligence Sur- 72 hours? Do you understand that is al- go beyond it. This administration has lowed? violated the law. We have not ad- veillance Act. Mr. FRANK of Massachusetts. Mr. Mr. WELDON of Florida. I under- dressed that. The House of Representa- Chairman, will the gentleman yield? stand that I want them to keep listen- tives, the Senate has not addressed this Mr. HINCHEY. I yield to the gen- ing. I want the information, and this is issue. tleman from Massachusetts. what the debate is about. You want to Now we have an opportunity to ad- Mr. FRANK of Massachusetts. Mr. stop. You want go to a judge. I do not dress it by virtue of the fact that we Chairman, the Supreme Court has think we should. have this amendment before us. This is made it very clear it will not referee Mr. INSLEE. Mr. Chairman, if the an important vote today. Every Mem- fundamental constitutional debates gentleman will yield, I want to make ber of this House should act in accord- over power between the executive and sure you understand. I want to make ance with the law and accordance with legislative branches. Only if you got a sure the gentleman understands that the Constitution and vote for this case would this get to the Court, and under this amendment you do not have amendment. they will dodge and duck and never to stop listening to anybody ever. We Mr. SCHIFF. Mr. Chairman, will the allow there to be a case. This is the want to continue listening, and we sim- gentleman yield? only constitutional way to confront it. ply require that 72 hours after that, we Mr. HINCHEY. I yield to the gen- Mr. WELDON of Florida. Mr. Chair- ask the executive to have another set tleman from California. man, I move to strike the last word. of eyeballs take a look at it to make Mr. SCHIFF. Mr. Chairman, I thank This is, I think, a very important de- sure it is compliant. Does the gen- the gentleman for yielding. I will be bate, and I am glad we are having it. I tleman understand this amendment very quick. Two final points in re- think this is an absolutely terrible does not stop anybody ever, as long as sponse to what the chairman and the amendment. The question is really do you go and have a warrant 72 hours ranking member of the Intelligence you believe we are at war or not. The after the intelligence gathering? Do Committee had to say. President has made it very clear. You you understand that is the purpose of First, there is legislation on this sub- have a known al Qaeda operative. our amendment? Because it is. ject, bipartisan legislation, that was Let us go back to World War II. You Mr. DANIEL E. LUNGREN of Cali- introduced on March 16. We have had have got a German or a Japanese fornia. Mr. Chairman, will the gen- no oversight hearing on it, no markup agent, in Germany, in the south Pa- tleman yield? on it, nothing, zero, zilcho, nada, which cific, speaking to various people, and Mr. WELDON of Florida. I yield to is why we are on the appropriations we are listening in. Now, would the the gentleman from California. bill, the only vehicle in which we could American people in World War II, if Mr. DANIEL E. LUNGREN of Cali- raise this issue. they began speaking to somebody in fornia. Mr. Chairman, that begs the Second, both Members have said that the United States or a known Amer- question as to whether or not you can, this amendment would somehow jeop- ican citizen, want the listening device in fact, effectively do that with the 72- ardize an existing NSA program. What put down and go to a judge? That is hour limitation. There are those run- that means is that far from my col- what we are talking about. ning the program that suggest that league from California’s point, that the He is in a cave, he is in Afghanistan, that is not possible, not because nec- program does not comply with FISA. he is in Baghdad, he is talking. Let us essarily the limitation on going to Otherwise, how could it be jeopardized? talk about Israel, okay? Do you think court, but all of the work that needs to So there is an admission by the chair the Mossad, if somebody is speaking go forward before you get to the court of the committee that the existing pro- from Jordan, and there are known ter- to get the approval. That is what we gram does not meet the requirements rorists operatives, and they are speak- ought to be talking about. of FISA. ing to somebody in Israel, they want to Mr. WELDON of Florida. Mr. Chair- What still has gone unanswered is put down the listening device and go in man, reclaiming my time, as I under- why can we not make changes to FISA front of a judge? That is what we are stand it, what you all have laid out is and the existing law? If this is such a talking about. Are we at war, or are we not that easy to do basically; that you vital program, why does it have to be not at war? It is a known al Qaeda op- have to make a case in front of a judge, done outside of the law? erative. and if it is a known al Qaeda operative, Mr. DICKS. Mr. Chairman, will the They are overseas, and suddenly they I think we should be listening to all of gentleman yield? are talking to an American citizen, be their conversations. Mr. HINCHEY. I yield to the gen- it in the United States or elsewhere, Mr. INSLEE. Mr. Chairman, if you tleman from Washington. and it is time to put down and stop lis- will yield just for a moment, I just Mr. DICKS. Mr. Chairman, the major tening and go find a judge and put to- want to make sure members under- point here that the opposition to this gether a brief and get a judge to review stand what we are voting on. makes is the President has inherent it? I believe we are at war, and they If this amendment passes, the Presi- authority. That has not been tested at want to kill us. They want to kill our dent of the United States and his exec- the Supreme Court because once FISA wives. They want to kill our children. utive authority will be able to continue

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.136 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4285 to listen to these conversations posals that will create a framework I think it is also important to know unimpeded, unimpeded, as long as they that hopefully can move out of com- that moving a bill to floor that would go to a judge 72 hours after. mittee, but there will be a legislative deal with this issue, we would probably Mr. WELDON of Florida. Mr. Chair- hearing, yes. not be the only committee of jurisdic- man, reclaiming my time, I think they Ms. HARMAN. Mr. Chairman, re- tion. Other committees would have ju- should be able to do that. If you have a claiming my time, are you prepared risdiction as well. known al Qaeda operative, we should following the legislative hearing or The CHAIRMAN. The time of the be listening to all their conversations. hearings to report a bill to the House gentlewoman from California (Ms. We should be listening to all conversa- floor? Will you personally agree not to HARMAN) has expired. tions from all al Qaeda operatives. block any bill from being reported to (On request of Mr. SCHIFF, and by Ms. HARMAN. Mr. Chairman, I move the House floor? unanimous consent, Ms. HARMAN was to strike the last word. Mr. HOEKSTRA. I will not use my allowed to proceed for 30 additional Mr. Chairman, I rise to engage the position as chairman of the committee seconds.) chairman of the Intelligence Com- to block a consensus of the Intelligence Mr. SCHIFF. Mr. Chairman, will the mittee in a colloquy. Let me just state Committee to move a bill to the floor. gentlewoman yield? before we have this colloquy, my posi- Ms. HARMAN. Mr. Chairman, I want Ms. HARMAN. I yield to the gen- tion is that FISA, as presently drafted, to clarify this for myself and others tleman from California. must cover the entire program. This is who are listening. Mr. SCHIFF. Mr. Chairman, I just my position after being fully briefed on You are prepared to consider this point out to the chair and ranking the program, as the chairman said, and bill, H.R. 5371, which would force this member, I know my bill, and I assume entire program to comply with FISA. being fully briefed by the NSA and the that the gentlewoman’s also, has now Actually much credit for the construct Justice Department about how FISA been referred to both Intel and Judici- of H.R. 5371 does go to Mr. SCHIFF and works. It is my position that FISA can ary, and without a similar commit- Mr. FLAKE. I just want to clarify, and and must cover the full program. Be ment from Judiciary, there is really no then I would like to yield, H.R. 5371 that as it may, I would like to ask the commitment that would come to the says the entire program must comply chairman some questions. floor. with FISA, and we will hold a legisla- As you noted, Mr. Chairman, some of Ms. HARMAN. Mr. Chairman, I wish tive hearing on this bill and other bills, us on the committee and a total of 50 the Judiciary Committee would also the committee will then report legisla- Members of this House have introduced act. Mr. CONYERS is a lead author with tion to the House floor; is that correct? H.R. 5371, the LISTEN Act, which me of the bill I am talking about. But Mr. HOEKSTRA. We will hold a legis- would require that this program be I think it is critical that the Intel- lative hearing, and we will determine brought fully under FISA, and which ligence Committee act because we have whether there is a consensus in the also states that more resources will be the membership that is briefed on the committee that will enable us to move made available to change the way program, and if we report a bill to the a bill that would reform FISA and FISA is implemented so that using House floor for action, I would hope move it to the floor. electronic means, more staff, whatever Ms. HARMAN. Well, our bill, re- that the House would respond to that it takes, there will be a more efficient claiming my time, does not reform promptly. way to get 72-hour emergency war- FISA. It just gives resources to make b 1730 rants. I know you are aware of the con- FISA work. Mr. NADLER. Mr. Chairman, I move tents of our bill. Mr. FRANK of Massachusetts. Mr. My question to you is are you pre- to strike the last word. Chairman, will the gentlewoman yield? Mr. Chairman, I must confess I am a pared to hold a legislative hearing in Ms. HARMAN. I yield to the gen- little ambivalent about this amend- the Intelligence Committee on our bill tleman from Massachusetts. and any other bills that may be pend- Mr. FRANK of Massachusetts. Mr. ment because the amendment seems to ing before our committee that address Chairman, we are further along than say that we should obey the law, and this issue of FISA as it is connected to we were, but the phrase ‘‘consensus,’’ some people might get the implication the NSA program? consensus is nice, but nothing in the if we don’t pass the amendment that Mr. HOEKSTRA. Mr. Chairman, will House rules or the Constitution or the we are free not to obey the law. the gentlewoman yield? writings of John Jay say that it is a The amendment says that ‘‘funds are Ms. HARMAN. I yield to the gen- prerequisite for moving legislation. prohibited from being used to engage in tleman from Michigan. I would hope that the gentleman electronic surveillance in the United Mr. HOEKSTRA. Mr. Chairman, I would say on an issue that we all agree States except as authorized under the thank you for yielding. is important, a bill will come to the Foreign Intelligence Surveillance Act As the gentlewoman knows, we have floor, the majority will decide, but I do or title III.’’ Well, the Foreign Intel- worked through this very much in a not think those of us not on the com- ligence Surveillance Act says that. It collaborative process. We followed on mittee ought to only get an oppor- says that this title and title III shall be the heels of the former chairman and tunity to legislate on this if there is a the exclusive, exclusive, that is the the former ranking member in trying consensus. word used in the law, the exclusive au- to make sure that we do this in a bi- Now, if you are telling us do not do it thority for domestic surveillance, for partisan basis. as an amendment to the appropriations domestic wiretapping. Anything out- We have had a number of briefings on bill, Mr. Chairman, because the bill is side of that is illegal. Anything the ad- this program to fully understand how going to come forward, we need to ministration is doing outside of FISA FISA works both from the NSA, from know that a bill is going to come for- and title III, by the terms of FISA, is Justice and a number of place. It is in- ward, consensus or not, and then the illegal. teresting for those people who are not House can decide what it wants to do. Certainly we should obey the law. I part of the committee, who make cat- Mr. HOEKSTRA. Mr. Chairman, will will vote for this amendment because I egorical statements that nothing has the gentlewoman yield? can’t imagine the House saying we happened, and we know that we have Ms. HARMAN. Mr. Chairman, I yield shouldn’t obey the law, although I hear had a way forward, where we have done to the gentleman from Michigan, and I some of that from the other side. The things. would appreciate it if he would answer fact is that this entire program, insofar But in terms of your simple question, that comment. as it is done outside of FISA or title I just had to take the shot, the oppor- Mr. HOEKSTRA. Mr. Chairman, to III, is by definition illegal because the tunity to respond to just what I my good friend from Massachusetts, law says so, period. thought were some unfair characteriza- consensus means that we have 12 votes Now, I just came from the airport, tions as to what you and I have been to move a bill out of committee. All and I heard a little of the debate, with doing in the committee. right. Consensus does not mean 21 ayes people saying, well, maybe it is too I commit that we will have a legisla- and zero noes. Okay. So thank you for hard to get a warrant. Maybe the work tive hearing on this and other pro- that clarification. that has to go on beforehand is too

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.138 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4286 CONGRESSIONAL RECORD — HOUSE June 20, 2006 hard and takes too long to get a war- No President should have the power Appropriations Subcommittee, the rant, even 72 hours after the surveil- to disobey the law or to set aside the gentleman from Florida. lance begins, which is what FISA says. law when he thinks it necessary. If he Mr. YOUNG of Florida. The gen- Well, if that is the case, let the admin- thinks changing the law is necessary, tleman from Connecticut has made a istration make that case and let us come to Congress, change the law, strong and convincing policy argument amend FISA. enact a change in FISA. I might sup- for building two submarines each year Remember why FISA was passed. port it; I might not. But Congress will sooner than the year 2012, and we have FISA was passed because of tyrannical, work its will. Enact a change in FISA. discussed this off and on for the last illegal conduct by the FBI and by prior Simply to say, as this amendment several weeks. He is very, very persua- administrations that was considered by does, that no funds shall be used except sive. So I can assure him that I will the Congress. After hearings and after in accordance with law, because the continue to work with him as we pre- revelations, they said, my God, we cur- law says no electronic surveillance pare to go to conference and go to con- tailed liberty in this country. We in- shall occur, that is the words, no elec- ference to address the shortage of sub- vaded the liberty of law-abiding, peace- tronic surveillance except as provided marines in our Navy. ful citizens under the cover of law, and in this act or in title III. That is the I am a very strong advocate of our we should never do that again; we are law. That is what this says. If we have submarine capability. I think that is going to enact some safeguards. And any shame at all, we should adopt this one of the best deterrence systems that Congress enacted FISA to be that safe- amendment. we have, one of the best military sys- guard. The CHAIRMAN. The question is on tems, and I appreciate the work of the And to say if you want to do domes- the amendment offered by the gen- gentleman from Connecticut on this tic surveillance, if you think someone tleman from California (Mr. SCHIFF). issue. As I said, we have had many con- is a Communist agent, in those days, or The question was taken; and the versations about this. I know of no bet- an al Qaeda agent today, here is the Chairman announced that the noes ap- ter champion of submarines in the procedure by which you get the author- peared to have it. House than Congressman SIMMONS. ity to wiretap that person. Should a Mr. SCHIFF. Mr. Chairman, I de- But as we have discussed, the 302(b) known al Qaeda agent be wiretapped mand a recorded vote. allocation for this subcommittee was all the time? I would say, yes, but a The CHAIRMAN. Pursuant to clause $4 billion less than the administration court would say, yes, too. In fact, we 6 of rule XVIII, further proceedings on requested, so that made a shortage of provided in that law for a secret court. the amendment offered by the gen- funds. Anyway, Mr. SIMMONS has made You can go get an exparte order on se- tleman from California will be post- a very strong case and I do intend to cret evidence in a secret proceeding, poned. work with him because I also believe and you can even do it after the fact, 72 Mr. SIMMONS. Mr. Chairman, I move that we should have a larger submarine hours. to strike the last work for purposes of fleet. Now, maybe it should be 96 hours or engaging in a colloquy with the distin- I go back to the days of President 5 days. Maybe someone could make a guished gentleman of the sub- Ronald Reagan, who thought we should case for that. Let Congress change the committee. have a 600-ship Navy, which we don’t law for that. But simply to say, the On May 11, the House passed the de- have today, but I supported that as FBI tells us, the administration tells fense authorization bill for fiscal year well. And I certainly support increas- us that obeying the law is too difficult? 2007. As the chairman knows, the bill ing the size of our submarine fleet. So I remember a few years ago hearing includes a funding authorization to I thank the gentleman for raising the ringing phrases from Henry Hyde and a build two Virginia Class submarines issue and doing the good job that he lot of other people about the rule of per year, starting in 2009. Consistent has done in making this case. law. We should impeach a President be- with the Navy’s stated requirement, Mr. SIMMONS. Mr. Chairman, I cause he allegedly violated the rule of the House bill also includes language thank the chairman for his commit- law. And now we come to this floor and requiring the service to maintain a ment and applaud him and the rest of say ignore the law? The administra- submarine fleet of no less than 48 at- the committee for their hard work on tion, if it is too hard, can ignore the tack submarines. this legislation under consideration law? Mr. Chairman, it is clear that the today, and I look forward to working The law says that FISA and title III Navy has a growing shortage of fast at- with him in an appropriate fashion as are the exclusive authority for wire- tack submarines, and I offer for consid- the Congress moves forward with this tapping in the United States, period. eration the following statistics pro- important spending bill. No ifs, ands, or buts. All this amend- vided by the Navy: over the last 5 Mr. BUYER. Mr. Chairman, I move to ment does is repeat it. years, the Navy submarine force last strike the last word. As I said, I am ambivalent about it fulfilled only 60 percent of the mission Mr. Chairman, the issue I bring be- because I don’t know that we should taskings; in 2006, the submarine force fore my colleagues is that we have have to repeat it, but apparently we do. covered only 54 percent of the combat- done a very good job in protecting the So I urge the adoption of this amend- ant commanders’ requests; and most soldiers on the battlefield, and I want ment, and I would remind everybody alarmingly, this year the force has met to compliment Mr. YOUNG and Mr. that to vote against this amendment is only 34 percent of high-priority mis- MURTHA for all you have done. And you to say we are endorsing the violation of sions. have done that to protect them against the law. We don’t care about the rule of I congratulate this distinguished ballistics. So we have given them the law. We endorse the administration’s chairman for his hard work on the de- body armor. They have the side plates, illegal and extraconstitutional action fense appropriations bill under consid- the shoulder plates, throat plate, groin and we are making ourselves complicit eration today. The bill does not include plate, and they have this helmet on in that and there is no protection, be- submarine provisions similar to those them and it protects them against the cause the President now claims the found in the authorization bill, how- ballistic and crash. power to disobey any law under his in- ever; and so I ask the chairman to But we have a problem. The problem herent authority under article II as work toward a conference solution that is now, when these IEDs go off, we have Commander in Chief. includes funding for the advanced pro- blast injuries. Where before you would That is a power even George, III, curement of a second Virginia Class be close to a blast and the body or the didn’t claim, to just disobey the law submarine sometime before 2012. In- torso would absorb part of that blast, when he judges it necessary because of creasing our submarine build rate is now that blast hits all that armor that his being Commander in Chief of the the only solution to a growing force we have put on them, and part of that armed services. He is Commander in level gap. goes up the face where the helmet is Chief of the Armed Services, not of the Mr. YOUNG of Florida. Mr. Chair- strapped onto the chin, and when it United States. He is not Commander in man, will the gentleman yield? goes up into the helmet there is no Chief of the United States. He is not a Mr. SIMMONS. I yield to the very place for the force to be released. So monarch. distinguished chairman of the Defense you get a concussion, and as the force

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.140 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4287 then comes back down you get a Mr. BUYER. I thank the chairman, ium, but I would submit that it is no precussion. So we have traumatic brain and I yield to Mr. MURTHA. way to spend our defense dollars. injuries. Mr. MURTHA. I agree. By voting against this amendment, We need to examine this, and I want Mr. BUYER. I thank the two gentle- you are saying that we place more to work with Mr. YOUNG, with Mr. men and look forward to working with value in the defense bill for funding WELDON, and Mr. MURTHA. We need for you as we go to conference. aquariums than we do in funding de- the Under Secretary of Defense for Ac- AMENDMENT OFFERED BY MR. FLAKE fense. quisition, Technology, and Logistics to Mr. FLAKE. Mr. Chairman, I offer an Now we were trying to find out when conduct a series of comprehensive, non- amendment. we were researching this amendment, ballistic and ballistic tests and an eval- The Clerk read as follows: and we were not told much by the Ap- uation of the Marine Corps light com- Amendment offered by Mr. FLAKE: propriations Committee, so we tried to bat helmet and Army combat helmet At the end of the bill (before the short find out what this is, if it really is Con- with all qualified sling, pad, and sus- title), insert the following: necticut, and I was told today, no, I pension systems available in accord- TITLE X—ADDITIONAL GENERAL think it is in Ohio on Lake Erie. I don’t ance with the operational requirements PROVISIONS know what the aquarium does. I am applicable to such helmets. SEC. 10001. None of the funds made avail- anxious to learn what it does and how Mr. WELDON of Pennsylvania. Mr. able in this Act may be used for the Institute it contributes to defense. Chairman, will the gentleman yield? for Exploration at Mystic Aquarium in New In this process without a unanimous Mr. BUYER. I yield to the gentleman London, Connecticut. consent agreement on this bill, I am from Pennsylvania. Mr. FLAKE. Mr. Chairman, when I unable to ask questions and then speak Mr. WELDON of Pennsylvania. I saw this earmark, which is $1 million later. I hope whoever is sponsoring this thank my colleague for yielding. for research at the environmental cen- legislation or supporting this will Last week, on Thursday, I chaired a ter at Mystic Aquarium, Connecticut, I please tell us how it is more vital to hearing in my subcommittee looking thought I was experiencing deja vu. We fund aquariums in the defense bill than at this very issue with helmets, and we had a similar amendment in the En- funding helmets for our troops, for ex- have a dilemma right now, Mr. Chair- ergy and Water bill just last week, or 2 ample, or anything else the Defense man. weeks ago. Now we are looking at the Department can do. We have all of our Army being out- defense bill, and the only difference is I would ask, please, for the sponsor of fitted with modern helmets thanks to the amount of the earmark. I believe it the amendment or whoever is defend- the good work of the appropriators. was $400,000 then; this defense bill ear- ing it to tell us why we should be fund- 500,000 of these helmets are on order mark is for $1 million. My amendment ing aquariums in the defense bill. and in place with cutting-edge tech- would remove this earmark from the Ms. KAPTUR. Mr. Chairman, I rise in nology inserts that the soldiers are bill. opposition to the amendment and op- very happy with. We have the Marines Now, during our debate a few weeks pose the gentleman’s effort to try to Special Ops units deployed with simi- ago on this subject, we learned that the eliminate the funding for this program. lar helmets with the inserts the Army aquarium has been in operation for Let me first begin by saying that the is using. over 20 years, that it is an educational Supreme Allied Commander of NATO But we have 20,000 marines in the- and research institution with expertise supports this effort as one that is stra- ater, and 6,000 of those marines have in ocean environmental studies and in tegic. Many of us on the committee requested an updated insert that the deep sea exploration. We learned that also support it because it is edu- marines are unwilling to provide. So it provides activities and learning for cational. we have a private nonprofit, headed by boys and girls clubs. All of these are Let me explain to the gentleman that a former Navy surgeon, who has raised worthy activities, certainly. the organizations that will carry out hundreds of thousands of dollars to buy We learned that the world’s foremost the undersea exploration in the Black inserts to give to our soldiers in the- deep sea explorer collocates his oper- Sea and in the eastern Mediterranean ater, including the 6,000 marines. ation at the aquarium. That is Dr. Rob- will do this working under the author- It is a very confusing issue. General ert Ballard, I believe. ity of NATO. There are very pre- Catto last week said, well, we are not eminent scholars who are involved in 1745 going to stop them from using these in- b this, including Mr. Bob Ballard, best serts, but he won’t order them for the What we didn’t learn was why this known for finding the wreckage of the rest of the marines. What this language aquarium gets favorable treatment Titanic. does is it says complete this study over aquariums in Arizona or Massa- The efforts in the Black Sea and the within 60 days and buy immediately chusetts or Kansas. We didn’t learn eastern Mediterranean will be to ex- the helmets and the inserts, especially what enumerated Federal function the plore underwater in a cooperative ef- for the Marine Corps that the marines aquarium fills. We certainly did not fort with our friends in both Ukraine in theater are in fact requesting and learn, and we haven’t learned yet and in Russia. The Government of using. today, and I hope to learn in the next Greece will be involved as well, but the Mr. BUYER. I thank the gentleman 5 minutes, how the aquarium contrib- instrumentalities that you talked for his good work. utes to the most basic and critical about in this country are only loca- Mr. YOUNG of Florida. Mr. Chair- function of defending our country. tions through which some of our tal- man, will the gentleman yield? We just heard a great discussion ented people have been selected and Mr. BUYER. I yield to the gentleman about how we need to free up more will be coupled with those of Ukraine, from Florida. funding for helmets for our military. I Russia and Greece. Mr. YOUNG of Florida. For those of would suggest this is a great place to As you may or may not know, Russia us who have visited our wounded sol- start. It is often said you can’t vote for has a base in Crimea, and as both Rus- diers and marines in the hospitals un- the Flake amendments because the sia and Ukraine move towards NATO, I derstand the importance of the type of money will simply be spent anyway by think it is important for the United injury you are discussing. Sometimes the agency. In this case the agency is States to find ways to work with them it is very obvious, very evident, and the Department of Defense, and I think together so we can achieve a very pro- sometimes it is not obvious at all, but it would be hard to believe that they gressive maturation and a set of rela- it is there. could make a case for a program less tionships that include underwater ex- I believe we can help with what you wise than this on their own, that they ploration in which everyone feels they want to do here. I believe as we write have something that fitters away more have a stake. our conference report that will come dollars than spending on an aquarium. One of the side benefits of this par- with the conference product. I think we I like the Boys and Girls Club, but ticular effort, so you know, is that can direct what it is that you want to they aren’t fighting for us and defend- there will be educational programs re- see directed, and I am prepared to offer ing our country. Maybe they have pro- lating to math and science. This par- that as we go into the conference. grams that benefit them at this aquar- ticular scientific endeavor will be

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.143 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4288 CONGRESSIONAL RECORD — HOUSE June 20, 2006 broadcast through a live network of ties also mirror his activities as a to ‘‘inspire in students a lifelong pas- museums, science centers, Boys and naval officer, and is involved in very sion for learning in science, math and Girls Clubs, and aquariums, perhaps interesting and sensitive research in technology through hands-on, real- the one the gentleman mentioned. the subsurface. world scientific discovery.’’ That is a There are literally hundreds of them, I would say to my colleague from Ar- wonderful mission. I am glad kids are including Department of Defense izona, the Department of Defense does getting the opportunity, but we schools in all of the NATO countries. engage in funding for academic re- shouldn’t be funding it in the defense So there is also a benefit for education. search. The investment in this program bill. One of the goals is to take and broad- is very consistent with that, and I feel Dr. Robert Ballard has already been cast through Ukraine and Russia so we that perhaps in another venue or an- referenced here. He is the world’s fore- work on this together. There is actu- other time we could make a very de- most ocean archeologist, and is its ally a term that they use, I might not tailed explanation as to why this is im- founder. They have good leadership. have it exactly right, but it is like an portant to our country. This is the same Dr. Ballard who collo- instantaneous televideo connect where Ms. KAPTUR. Mr. Chairman, I just cates his ocean exploration operations as they film underwater and begin to wanted to mention to the gentleman out of the Mystic Aquarium, the recipi- identify various undersea artifacts and from Arizona that some of the fol- ent of $1.4 million in earmarks so far conditions, and the oceanographers and lowing school districts in your State this year. the scientists involved will make this will benefit directly, including the With corporate sponsorship and sup- information available globally. Mesa Unified School District, and port from the likes of Oracle, Sun So the Institute for Exploration schools in Phoenix, Tucson, Scottsdale, Microsystems, EDS, Shell, and Texas Project is designed not only to help our Glendale, Yuma, Prescott and the Ari- Instruments, the JASON Foundation strategic relationships in the region, zona Science Center in Phoenix is also has very good backing. However, this but it has a benefit for children across involved in the dissemination of mate- earmark raises questions that apply to the world. And by working on a project rials. too many other earmarks: Why is it in focused on exploration of the maritime The CHAIRMAN. The time of the the defense bill? Should it receive any conditions in those locations, we en- gentlewoman from Ohio has expired. earmark funding at all? Who requested gage strategically with countries (By unanimous consent, Mr. FLAKE it? We don’t know. I to this moment do where we need to develop friendships was allowed to proceed for 15 addi- not know who requested this earmark. and a common agenda without engag- tional seconds.) I am hoping the author will come and ing in any kind of overt military activ- Mr. FLAKE. Mr. Chairman, the gen- say. Has there been a hearing on the ity. That is a bit of an explanation. tlewoman mentioned school districts in subject? What essential Federal pur- Mr. Chairman, I yield to the gen- my State that would benefit. I would pose does this serve; and doubly, what tleman from Connecticut (Mr. SIM- say again, this is the exact point we defense purpose does this earmark MONS), who has been such a great col- are making. This is not the Labor-HHS serve? league in helping the Ukrainian Caucus bill. This is the defense bill, for crying I think the mission of the JASON move this project forward. out loud. We are trying to fund our de- Foundation is noble, but the fact that Mr. SIMMONS. Mr. Chairman, I fense, and we are bleeding off dollars to we are funding it this way with this ve- thank the gentlewoman for yielding, aquariums. This is the wrong place to hicle without real transparency is very and I also rise in opposition to the have this debate. It should be on disconcerting. This is not the Labor- amendment. Labor-HHS. HHS-Education bill. And frankly, given If the logic of the amendment is to be The CHAIRMAN. The question is on a lack of transparency and many prob- understood, the Department of Defense the amendment offered by the gen- lems that the current earmarking proc- should not engage in any funding of tleman from Arizona (Mr. FLAKE). ess presents, I don’t think that it be- academic research. I think we know The question was taken; and the longs in that bill either when we have that the Department of Defense ex- Chairman announced that the noes ap- a situation where I still to this mo- pends incredible dollars on academic peared to have it. ment have no idea who authored this research, especially applied research, Mr. FLAKE. Mr. Chairman, I demand earmark or what else it is supposed to that has application to some of their a recorded vote. do. All I know is what I have read, and varied missions. The CHAIRMAN. Pursuant to clause yet we are being asked to approve a The United States since World War II 6 of rule XVIII, further proceedings on million dollars for it. has enjoyed subsurface dominance. the amendment offered by the gen- This is the only oversight this ear- Just a few minutes ago we talked tleman from Arizona will be postponed. mark will likely ever get. There is vir- about the issue of our submarines and AMENDMENT OFFERED BY MR. FLAKE tually no oversight after this. The our Submarine Center of Excellence in Mr. FLAKE. Mr. Chairman, I offer an agencies don’t know about these ear- Groton-New London. Well, that Sub- amendment. marks. Most of the time they can’t tell marine Center of Excellence in Groton- The Clerk read as follows: us what the earmark is for. And if we New London is collocated with the In- Amendment offered by Mr. FLAKE: don’t ask these questions here on the stitute for Exploration. We are not At the end of the bill (before the short House floor, they simply don’t get talking about funding for fish food and title), insert the following: asked. I am anxious to hear answers to cleaning the tanks. My colleague from TITLE X—ADDITIONAL GENERAL the questions that have been asked: Arizona keeps saying it is an aquarium PROVISIONS Why is it in the defense bill? Who re- as if we have goldfish in this place, or SEC. 10001. None of the funds made avail- quested it? Has there been a hearing on something like that. That is to able in this Act may be used for the JASON the subject? Is there a Federal purpose? trivialize some of the activities that Foundation. And is there a purpose for it in the de- take place there. Mr. FLAKE. Mr. Chairman, I put this fense bill? I can’t ask that question too The CHAIRMAN. The time of the next one after the last one because many times: Why are we funding this gentlewoman from Ohio (Ms. KAPTUR) they kind of are similar. Again, the ar- in the defense bill? has expired. gument has to be why aren’t we debat- Mr. LEWIS of California. Mr. Chair- (On request of Mr. SIMMONS, and by ing this in the Labor-HHS bill? If we man, I rise to oppose the amendment unanimous consent, Ms. KAPTUR was are debating it at all, it should be de- and to try to answer the gentleman’s allowed to proceed for 1 additional bated in the Labor-HHS. very appropriate questions. minute.) This earmark that we are seeking to I will speak to both of the amend- Ms. KAPTUR. Mr. Chairman, I con- strike is $1 million for the JASON Edu- ments that he might have in mind, the tinue to yield to the gentleman from cation Foundation in Ashburn, Vir- Tech Center in Apple Valley, Cali- Connecticut. ginia. Again, it seems like something fornia, and the JASON Foundation pro- Mr. SIMMONS. That is to trivialize that ought to be in the Labor-HHS bill. gram, for it speaks very much to why the fact that Dr. Robert Ballard, a The mission of the JASON Foundation, this kind of funding should flow Navy officer, whose exploration activi- and this is from their own Website, is through the Defense Department. If

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.146 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4289 there is a need that this country has about the benefits to students from military on the amendment offered by the gen- today as it relates to our future secu- families from access to the JASON science tleman from California (Mr. SCHIFF) on rity and national defense, it is to one education program. which further proceedings were post- way or another here at the Federal Since 1993, this non-profit subsidiary of the poned and on which the noes prevailed level, where we can impact education, National Geographic Society has provided ad- by voice vote. it is to begin to turn around the in- vanced science and mathematics training to The Clerk will redesignate the volvement of young people as well as DoD teachers and students. Because of the amendment. excellent teachers in the fields of math funding provided in past Defense Appropria- The Clerk redesignated the amend- and science. tions bills, many DoD teachers have had the ment. opportunity to attend extended hands-on Without any question, our future via- RECORDED VOTE science training sessions with experts from bility in terms of security does relate The CHAIRMAN. A recorded vote has NASA, NOAA and many major universities. to America leading in these fields. The been demanded. JASON Foundation is very much in- As my colleagues are well aware, we are A recorded vote was ordered. volved in that question; but most im- facing a science education crisis in the United The vote was taken by electronic de- portantly, I would like to highlight States. Within the next five years, some 70 vice, and there were—ayes 207, noes 219, that by describing the Tech Center in percent of current advanced math and science not voting 6, as follows: Apple Valley, California, and give you teachers will be able to retire. More and more a feeling for what we are talking about of the science and math students in our top [Roll No. 295] as far as turning kids on to math and universities are immigrants, with fewer and AYES—207 science and stimulating teachers to be- fewer students from our nation’s public Abercrombie Green, Gene Oberstar come better teachers in the fields of schools each year. Ackerman Grijalva Obey Allen Gutierrez math and science. Independent analysis shows that teachers Olver who have the opportunity to attend the JASON Andrews Hastings (FL) Ortiz A young teacher dealing with kids at Baca Herseth seminars are much better prepared to lead Otter the elementary level took them out in Baird Higgins Owens the countryside in the nighttime in the their students into an understanding of science Baldwin Hinchey Pallone Bartlett (MD) Hinojosa desert. You and I know it gets cold in and math, and to get their kids enthusiastic Pascrell about making a career out of these subjects. Bass Holden Pastor the desert, and they looked at the Bean Holt These seminars are highly recommended by Paul stars. When it started getting cold, he Becerra Honda Payne Berkley Hooley the National Science Teachers Association. Pelosi thought, we need a center where kids Berman Hostettler Schools that serve our nation’s military fami- Peterson (MN) can study these things. Berry Hoyer Pomeroy lies are increasing ranked among the best, Bishop (GA) Inslee Price (NC) b 1800 and one of the chief reasons for that is their Bishop (NY) Israel Rahall Blumenauer Istook It led to this high-tech center. Amaz- affiliation with enrichment programs like the Rangel JASON project. Our responsibility lies not only Boren Jackson (IL) ing over time what has evolved from Boucher Jackson-Lee Reyes that model that one day may very well with providing weapons and training to those Boyd (TX) Ross turn around the teaching of math and who would defend our nation. We must also Brady (PA) Jefferson Rothman make we give the very best opportunities and Brown (OH) Johnson (IL) Roybal-Allard science in the country. No less than Brown, Corrine Johnson, E. B. Rush Dan Goldin visited this school, and benefits to their families, who are also making Butterfield Jones (NC) Ryan (OH) walking into a classroom with me. a sacrifice in defense of America. Capps Jones (OH) Sabo Here were about 30 youngsters around Mr. Chairman, this is a modest amount of Capuano Kanjorski Salazar money to invest in bringing better science and Cardin Kaptur Sa´ nchez, Linda the room at computers. The unique Cardoza Kennedy (RI) T. thing about this was not just that. But mathematics education to our military families. Carnahan Kildee Sanchez, Loretta these were third grade youngsters who Our nation needs that training, and these fami- Carson Kilpatrick (MI) Sanders happened to be handicapped, and they lies deserve it. Case Kind Schakowsky The CHAIRMAN. The question is on Chandler Kucinich Schiff were using their computers to develop the amendment offered by the gen- Clay Langevin Schwartz (PA) lesson plans for their colleagues in the Cleaver Lantos Scott (GA) tleman from Arizona (Mr. FLAKE). third grade in Philadelphia. Conyers Larsen (WA) Scott (VA) The question was taken; and the Cooper Larson (CT) And Goldin’s eyes got big as he exam- Serrano Chairman announced that the noes ap- Costa LaTourette Shays ined some of the ideas coming from Costello Leach Sherman peared to have it. Crowley Lee this high-tech center as to how to turn Mr. FLAKE. Mr. Chairman, I demand Simmons kids on. Over time he saw that this was Cuellar Levin Slaughter a recorded vote. Cummings Lewis (GA) Smith (WA) perhaps the first chapter of the book The CHAIRMAN. Pursuant to clause Davis (AL) Lipinski Solis that must be written that will change 6 of rule XVIII, further proceedings on Davis (CA) Lofgren, Zoe Stark Davis (IL) Lowey the way we teach math and science in the amendment offered by the gen- Strickland the country. Dan Goldin eventually, Davis, Tom Lynch Stupak tleman from Arizona will be postponed. DeFazio Mack Tanner with this young guy, became convinced SEQUENTIAL VOTES POSTPONED IN COMMITTEE DeGette Maloney Tauscher Delahunt Markey that he ought to gift him the first an- OF THE WHOLE Taylor (MS) DeLauro Marshall tenna that brought men back from the Thompson (CA) The CHAIRMAN. Pursuant to clause Dicks Matsui Thompson (MS) Moon. And as a result of that gift, that Dingell McCarthy 6 of rule XVIII, proceedings will now Tierney Doggett McCollum (MN) school and its teaching model is cur- resume on those amendments on which Towns Doyle McDermott rently across the country teaching kids Udall (CO) further proceedings were postponed, in Duncan McGovern to use the Internet by way of using this the following order: Emanuel McIntyre Udall (NM) Upton antenna. Now, tens of thousands of Amendment by Mr. SCHIFF of Cali- Engel McKinney Eshoo McNulty Van Hollen youngsters in school districts all over fornia. Vela´ zquez the country and in four foreign coun- Etheridge Meehan Amendment No. 1 by Mr. KING of Farr Meek (FL) Visclosky tries are participating in this effort to Iowa. Fattah Meeks (NY) Wamp turn around the way math and science Amendment by Mr. CHOCOLA of Indi- Feeney Michaud Wasserman is taught, the way teachers are turned ana. Filner Millender- Schultz Flake Waters Amendment by Mr. FLAKE of Arizona McDonald on, and the way kids are turned on to Ford Miller (NC) Watson the fields of math and science. regarding the Mystic Aquarium. Frank (MA) Miller, George Watt If we are going to lead the world in Amendment by Mr. FLAKE of Arizona Garrett (NJ) Moore (KS) Waxman the future and have the security for regarding the JASON Foundation. Gilchrest Moore (WI) Weiner Gillmor Moran (KS) Wexler the world for peace we need, we must The Chair will reduce to 2 minutes Gonzalez Moran (VA) Woolsey get back in the business of math and the time for any electronic vote after Gordon Nadler Wu science, and this chapter will be a piece the first vote in this series. Green, Al Neal (MA) Wynn of the book that will be written. AMENDMENT OFFERED BY MR. SCHIFF NOES—219 Mr. Chairman, I want to thank the gen- The CHAIRMAN. The pending busi- Aderholt Alexander Baker tleman for the chance to tell my colleagues ness is the demand for a recorded vote Akin Bachus Barrett (SC)

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.150 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4290 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Barrow Goodlatte Pearce tleman from Iowa (Mr. KING) on which Issa Millender- Sanders Barton (TX) Granger Pence further proceedings were postponed and Istook McDonald Saxton Beauprez Graves Peterson (PA) Jackson (IL) Miller (NC) Schakowsky Biggert Green (WI) Petri on which the noes prevailed by voice Jackson-Lee Miller, Gary Schiff Bilbray Gutknecht Pickering vote. (TX) Miller, George Schmidt Bilirakis Hall Pitts The Clerk will redesignate the Jefferson Mollohan Schwartz (PA) Bishop (UT) Harman Scott (GA) Platts amendment. Jenkins Moore (KS) Blackburn Harris Poe Jindal Moore (WI) Scott (VA) Blunt Hart Pombo The Clerk redesignated the amend- Johnson (CT) Moran (KS) Sensenbrenner Boehlert Hastings (WA) Porter ment. Johnson (IL) Moran (VA) Serrano Boehner Hayes Price (GA) Johnson, E. B. Murphy Shaw RECORDED VOTE Bonilla Hayworth Pryce (OH) Jones (NC) Murtha Shays Bonner Hefley Putnam The CHAIRMAN. A recorded vote has Jones (OH) Musgrave Sherman Bono Hensarling Radanovich been demanded. Kanjorski Nadler Sherwood Boozman Herger Ramstad Kaptur Neal (MA) Shimkus Boswell Hobson A recorded vote was ordered. Simmons Regula Keller Ney Boustany Hoekstra Simpson Rehberg The CHAIRMAN. This will be a 2- Kelly Northup Bradley (NH) Hulshof Skelton Reichert minute vote. Kennedy (RI) Nunes Brady (TX) Hyde Slaughter Renzi Kildee Oberstar Brown (SC) Inglis (SC) The vote was taken by electronic de- Smith (NJ) Reynolds Kilpatrick (MI) Obey Brown-Waite, Issa Rogers (AL) vice, and there were—ayes 50, noes 376, Olver Smith (WA) Ginny Jenkins Kind Snyder Rogers (KY) not voting 6, as follows: King (NY) Ortiz Burgess Jindal Rogers (MI) Osborne Sodrel Burton (IN) Johnson (CT) [Roll No. 296] Kingston Solis Rohrabacher Kirk Otter Buyer Johnson, Sam Ros-Lehtinen AYES—50 Owens Spratt Calvert Keller Knollenberg Stark Royce Barrett (SC) Gohmert Neugebauer Oxley Camp (MI) Kelly Kolbe Stearns Ruppersberger Barrow Green (WI) Norwood Pallone Campbell (CA) Kennedy (MN) Kucinich Strickland Ryan (WI) Beauprez Hyde Pearce Pascrell Cantor King (IA) Kuhl (NY) Stupak Ryun (KS) Bishop (UT) Johnson, Sam Pitts Pastor Capito King (NY) LaHood Sullivan Saxton Blackburn Kennedy (MN) Poe Paul Carter Kingston Langevin Sweeney Schmidt Boren King (IA) Price (GA) Payne Castle Kirk Lantos Tancredo Schwarz (MI) Brady (TX) Kline Ryan (WI) Pelosi Chabot Kline Larsen (WA) Tanner Sensenbrenner Burgess Lewis (KY) Schwarz (MI) Pence Chocola Knollenberg Larson (CT) Tauscher Sessions Cole (OK) Linder Sessions Peterson (MN) Clyburn Kolbe Latham Taylor (MS) Shadegg Davis (KY) Lucas Shadegg Peterson (PA) Coble Kuhl (NY) LaTourette Taylor (NC) Shaw Deal (GA) Lungren, Daniel Shuster Petri Cole (OK) LaHood Leach Terry Sherwood Drake E. Smith (TX) Pickering Conaway Latham Lee Thomas Shimkus Feeney Marshall Souder Platts Cramer Lewis (CA) Levin Thompson (CA) Shuster Fortenberry McHenry Thornberry Pombo Crenshaw Lewis (KY) Lewis (CA) Thompson (MS) Simpson Foxx Miller (FL) Tiahrt Pomeroy Cubin Linder Lewis (GA) Tiberi Skelton Franks (AZ) Miller (MI) Westmoreland Porter Culberson LoBiondo Lipinski Tierney Smith (NJ) Gingrey Myrick Wilson (SC) Price (NC) Davis (KY) Lucas LoBiondo Towns Davis (TN) Lungren, Daniel Smith (TX) Pryce (OH) Turner Snyder NOES—376 Lofgren, Zoe Putnam Davis, Jo Ann E. Lowey Udall (CO) Sodrel Abercrombie Cardoza Fattah Radanovich Deal (GA) Manzullo Lynch Udall (NM) Dent Marchant Souder Ackerman Carnahan Ferguson Rahall Upton Spratt Aderholt Carson Filner Mack Ramstad Diaz-Balart, L. Matheson Maloney Van Hollen Stearns Akin Carter Fitzpatrick (PA) Rangel ´ Diaz-Balart, M. McCaul (TX) Manzullo Velazquez Doolittle McCotter Sullivan Alexander Case Flake Regula Visclosky Sweeney Allen Castle Foley Marchant Rehberg Drake McCrery Markey Walden (OR) Dreier McHenry Tancredo Andrews Chabot Forbes Reichert Walsh Matheson Edwards McHugh Taylor (NC) Baca Chandler Ford Renzi Wamp Matsui Ehlers McKeon Terry Bachus Chocola Fossella Reyes Wasserman McCarthy Emerson McMorris Thomas Baird Clay Frank (MA) Reynolds Schultz McCaul (TX) English (PA) Melancon Thornberry Baker Cleaver Frelinghuysen Rogers (AL) Waters McCollum (MN) Everett Mica Tiahrt Baldwin Clyburn Gallegly Rogers (KY) Watson Ferguson Miller (FL) Tiberi Bartlett (MD) Coble Garrett (NJ) McCotter Rogers (MI) Watt Fitzpatrick (PA) Miller (MI) Turner Barton (TX) Conaway Gerlach McCrery Rohrabacher Waxman Foley Miller, Gary Walden (OR) Bass Conyers Gibbons McDermott Ros-Lehtinen Weiner Forbes Mollohan Walsh Bean Cooper Gilchrest McGovern Ross Weldon (FL) Fortenberry Murphy Weldon (FL) Becerra Costa Gillmor McHugh Rothman Weldon (PA) Fossella Murtha Weldon (PA) Berkley Costello Gonzalez McIntyre Roybal-Allard Weller Foxx Musgrave Weller Berman Cramer Goode McKeon Royce Wexler Franks (AZ) Myrick Westmoreland Berry Crenshaw Goodlatte McKinney Ruppersberger Whitfield Frelinghuysen Neugebauer Whitfield Biggert Crowley Gordon McMorris Rush Wicker Gallegly Ney Wicker Bilbray Cubin Granger McNulty Ryan (OH) Wilson (NM) Gerlach Northup Wilson (NM) Bilirakis Cuellar Graves Meehan Ryun (KS) Wolf Gibbons Norwood Wilson (SC) Bishop (GA) Culberson Green, Al Meek (FL) Sabo Woolsey Gingrey Nunes Wolf Bishop (NY) Cummings Green, Gene Meeks (NY) Salazar Wu Gohmert Osborne Young (AK) Blumenauer Davis (AL) Grijalva Melancon Sa´ nchez, Linda Wynn Goode Oxley Young (FL) Blunt Davis (CA) Gutierrez Mica T. Young (AK) Boehlert Davis (IL) Gutknecht Michaud Sanchez, Loretta Young (FL) NOT VOTING—6 Boehner Davis (TN) Hall Cannon Evans Napolitano Bonilla Davis, Jo Ann Harman NOT VOTING—6 Davis (FL) Hunter Nussle Bonner Davis, Tom Harris Cannon Evans Napolitano Bono DeFazio Hart Davis (FL) Hunter Nussle b 1827 Boozman DeGette Hastings (FL) Boswell Delahunt Hastings (WA) ANNOUNCEMENT BY THE CHAIRMAN Messrs. SULLIVAN, MCCAUL of Boucher DeLauro Hayes Texas, BONILLA, HOBSON, NEY, Boustany Dent Hayworth The CHAIRMAN (during the vote). SOUDER, GOHMERT, and EHLERS Boyd Diaz-Balart, L. Hefley Members are advised there is 1 minute Bradley (NH) Diaz-Balart, M. Hensarling remaining in this vote. changed their vote from ‘‘aye’’ to ‘‘no.’’ Brady (PA) Dicks Herger Messrs. GORDON, BISHOP of Geor- Brown (OH) Dingell Herseth b 1832 gia, Ms. KAPTUR, Messrs. BERRY, Brown (SC) Doggett Higgins COOPER, WAMP, ROSS, REYES, Brown, Corrine Doolittle Hinchey So the amendment was rejected. SALAZAR, and SHAYS changed their Brown-Waite, Doyle Hinojosa The result of the vote was announced Ginny Dreier Hobson as above recorded. vote from ‘‘no’’ to ‘‘aye.’’ Burton (IN) Duncan Hoekstra So the amendment was rejected. Butterfield Edwards Holden AMENDMENT OFFERED BY MR. CHOCOLA The result of the vote was announced Buyer Ehlers Holt The CHAIRMAN. The pending busi- Calvert Emanuel Honda as above recorded. Camp (MI) Emerson Hooley ness is the demand for a recorded vote AMENDMENT NO. 1 OFFERED BY MR. KING OF Campbell (CA) Engel Hostettler on the amendment offered by the gen- IOWA Cantor English (PA) Hoyer tleman from Indiana (Mr. CHOCOLA) on The CHAIRMAN. The pending busi- Capito Eshoo Hulshof which further proceedings were post- Capps Etheridge Inglis (SC) ness is the demand for a recorded vote Capuano Everett Inslee poned and on which the noes prevailed on the amendment offered by the gen- Cardin Farr Israel by voice vote.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.050 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4291 The Clerk will redesignate the Forbes Maloney Ryan (OH) on which the noes prevailed by voice amendment. Ford Manzullo Sabo vote. Frank (MA) Marchant Salazar The Clerk redesignated the amend- Frelinghuysen Markey Sa´ nchez, Linda The Clerk will redesignate the ment. Gallegly Marshall T. amendment. Gibbons McCarthy Sanchez, Loretta RECORDED VOTE The Clerk redesignated the amend- Gilchrest McDermott Sanders The CHAIRMAN. A recorded vote has Gonzalez McGovern Saxton ment. been demanded. Goode McHugh Schiff RECORDED VOTE Gordon McIntyre A recorded vote was ordered. Schwartz (PA) The CHAIRMAN. A recorded vote has Granger McKeon Schwarz (MI) Green, Al McMorris The CHAIRMAN. This will be a 2- Scott (GA) been demanded. Green, Gene McNulty minute vote. Scott (VA) A recorded vote was ordered. Grijalva Meehan Serrano The vote was taken by electronic de- Gutierrez Meek (FL) The CHAIRMAN. This will be a 2- Shaw vice, and there were—ayes 141, noes 285, Hall Meeks (NY) minute vote. Shays not voting 6, as follows: Harman Melancon The vote was taken by electronic de- Hastings (FL) Mica Sherman [Roll No. 297] Hastings (WA) Michaud Sherwood vice, and there were—ayes 77, noes 347, AYES—141 Hayes Millender- Simmons answered ‘‘present’’ 1, not voting 7, as Herger McDonald Simpson Baird Gillmor Miller, George follows: Herseth Miller (NC) Skelton Barrett (SC) Gingrey Moran (KS) Higgins Mollohan Slaughter [Roll No. 298] Barrow Gohmert Murphy Hinchey Moore (KS) Smith (NJ) Barton (TX) Goodlatte AYES—77 Musgrave Hinojosa Moore (WI) Sodrel Bean Graves Andrews Gutknecht Otter Myrick Hobson Moran (VA) Solis Beauprez Green (WI) Barrett (SC) Harris Neugebauer Holden Murtha Spratt Paul Berkley Gutknecht Bass Hayworth Ney Holt Nadler Stark Pence Berry Harris Bean Hefley Norwood Honda Neal (MA) Stupak Petri Biggert Hart Beauprez Hensarling Otter Hoyer Northup Sweeney Pitts Bilbray Hayworth Bilbray Holt Paul Hyde Nunes Tanner Platts Blackburn Hefley Bilirakis Inglis (SC) Pearce Israel Oberstar Tauscher Poe Blumenauer Hensarling Blackburn Israel Pence Issa Obey Taylor (MS) Price (GA) Boehner Hoekstra Bradley (NH) Istook Petri Jackson (IL) Olver Taylor (NC) Ramstad Boren Hooley Brown-Waite, Jindal Pitts Jackson-Lee Ortiz Rohrabacher Boswell Hostettler Terry Ginny Johnson (IL) Platts (TX) Osborne Ryan (WI) Boyd Hulshof Thomas Chabot Johnson, Sam Poe Jefferson Owens Brown-Waite, Inglis (SC) Thompson (MS) Chocola Jones (NC) Sensenbrenner Price (GA) Johnson (CT) Oxley Ginny Inslee Thornberry Cooper Keller Sessions Ramstad Johnson, E. B. Pallone Camp (MI) Istook Tiahrt Davis (KY) Kennedy (MN) Shadegg Rogers (MI) Jones (OH) Pascrell Campbell (CA) Jenkins Tierney Davis (TN) King (IA) Slaughter Rohrabacher Kaptur Pastor Castle Jindal Towns Deal (GA) Linder Souder Keller Payne Chabot Johnson (IL) Ross Turner DeFazio Lungren, Daniel Stearns Kennedy (RI) Pelosi Chandler Johnson, Sam Royce Udall (CO) Duncan E. Tancredo Kildee Peterson (MN) Chocola Jones (NC) Ryan (WI) Udall (NM) Feeney Marshall Taylor (MS) Kilpatrick (MI) Peterson (PA) Clay Kanjorski Ryun (KS) Van Hollen Flake Matheson Kind Pickering Terry Cleaver Kelly Schakowsky Vela´ zquez Ford Miller (FL) King (NY) Pombo Thornberry Coble Kennedy (MN) Schmidt Visclosky Fossella Moore (KS) Kingston Pomeroy Udall (CO) Cole (OK) King (IA) Sensenbrenner Walsh Franks (AZ) Musgrave Kirk Porter Udall (NM) Conaway Kucinich Sessions Wamp Garrett (NJ) Myrick Kline Price (NC) Waxman Cooper Larsen (WA) Shadegg Wasserman Gibbons Neugebauer Knollenberg Pryce (OH) Westmoreland Cuellar Leach Shimkus Schultz Green (WI) Norwood Kolbe Putnam Davis (KY) Linder Shuster Kuhl (NY) Radanovich Waters Davis (TN) Lipinski Smith (TX) NOES—347 LaHood Rahall Watson Deal (GA) Lofgren, Zoe Smith (WA) Langevin Rangel Watt Abercrombie Campbell (CA) Dreier Dent Lungren, Daniel Snyder Lantos Regula Weldon (FL) Ackerman Cantor Edwards Duncan E. Souder Larson (CT) Rehberg Weldon (PA) Aderholt Capito Ehlers Ehlers Mack Stearns Latham Reichert Wexler Akin Capps Emanuel English (PA) Matheson Strickland LaTourette Renzi Whitfield Alexander Capuano Emerson Eshoo Matsui Sullivan Lee Reyes Wicker Allen Cardin Engel Feeney McCaul (TX) Tancredo Levin Reynolds Wilson (NM) Baca Cardoza English (PA) Ferguson McCollum (MN) Thompson (CA) Lewis (CA) Rogers (AL) Wilson (SC) Bachus Carnahan Eshoo Flake McCotter Tiberi Lewis (GA) Rogers (KY) Wolf Baird Carson Etheridge Fortenberry McCrery Upton Lewis (KY) Ros-Lehtinen Woolsey Baker Carter Everett Fossella McHenry Walden (OR) LoBiondo Rothman Wu Baldwin Case Farr Foxx McKinney Waxman Lowey Roybal-Allard Wynn Barrow Castle Fattah Franks (AZ) Miller (FL) Weiner Lucas Ruppersberger Young (AK) Bartlett (MD) Chandler Ferguson Garrett (NJ) Miller (MI) Weller Lynch Rush Young (FL) Barton (TX) Clay Filner Gerlach Miller, Gary Westmoreland Becerra Cleaver Fitzpatrick (PA) NOT VOTING—6 Berkley Clyburn Foley NOES—285 Cannon Evans Napolitano Berman Coble Forbes Abercrombie Brady (TX) Davis (AL) Davis (FL) Hunter Nussle Berry Cole (OK) Fortenberry Ackerman Brown (OH) Davis (CA) Biggert Conaway Foxx Aderholt Brown (SC) Davis (IL) ANNOUNCEMENT BY THE CHAIRMAN Bishop (GA) Conyers Frank (MA) Akin Brown, Corrine Davis, Jo Ann Bishop (NY) Costa Frelinghuysen Alexander Burgess Davis, Tom The CHAIRMAN (during the vote). Bishop (UT) Costello Gallegly Allen Burton (IN) DeFazio Members are advised 1 minute remains Blumenauer Cramer Gerlach Andrews Butterfield DeGette in this vote. Blunt Crenshaw Gilchrest Baca Buyer Delahunt Boehlert Crowley Gillmor Bachus Calvert DeLauro b 1837 Boehner Cubin Gingrey Baker Cantor Diaz-Balart, L. Bonilla Cuellar Gonzalez Baldwin Capito Diaz-Balart, M. Mr. SPRATT, Mrs. MALONEY and Bonner Culberson Goode Bartlett (MD) Capps Dicks Mr. AL GREEN of Texas changed their Bono Cummings Goodlatte Bass Capuano Dingell vote from ‘‘aye’’ to ‘‘no.’’ Boozman Davis (AL) Gordon Becerra Cardin Doggett Boren Davis (CA) Granger Berman Cardoza Doolittle Mr. GOODLATTE changed his vote Boswell Davis (IL) Graves Bilirakis Carnahan Doyle from ‘‘no’’ to ‘‘aye.’’ Boucher Davis, Jo Ann Green, Al Bishop (GA) Carson Drake So the amendment was rejected. Boustany Davis, Tom Green, Gene Bishop (NY) Carter Dreier The result of the vote was announced Boyd DeGette Grijalva Bishop (UT) Case Edwards Brady (PA) Delahunt Gutierrez Blunt Clyburn Emanuel as above recorded. Brady (TX) DeLauro Hall Boehlert Conyers Emerson AMENDMENT OFFERED BY MR. FLAKE Brown (OH) Dent Harman Bonilla Costa Engel Brown (SC) Diaz-Balart, L. Hastings (FL) Bonner Costello Etheridge The CHAIRMAN. The pending busi- Brown, Corrine Diaz-Balart, M. Hastings (WA) Bono Cramer Everett ness is the demand for a recorded vote Burgess Dicks Hayes Boozman Crenshaw Farr on the amendment offered by the gen- Burton (IN) Dingell Herger Boucher Crowley Fattah tleman from Arizona (Mr. FLAKE) re- Butterfield Doggett Herseth Boustany Cubin Filner Buyer Doolittle Higgins Bradley (NH) Culberson Fitzpatrick (PA) garding the Mystic Aquarium on which Calvert Doyle Hinchey Brady (PA) Cummings Foley further proceedings were postponed and Camp (MI) Drake Hinojosa

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.157 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4292 CONGRESSIONAL RECORD — HOUSE June 20, 2006

Hobson McNulty Sanders AMENDMENT OFFERED BY MR. FLAKE Goodlatte Manzullo Roybal-Allard Hoekstra Meehan Saxton The CHAIRMAN. The pending busi- Gordon Marchant Royce Holden Meek (FL) Schakowsky Granger Markey Ruppersberger Honda Meeks (NY) Schiff ness is the demand for a recorded vote Graves Marshall Rush Hooley Melancon Schmidt on the amendment offered by the gen- Green, Al Matsui Ryan (OH) Hostettler Mica Schwartz (PA) tleman from Arizona (Mr. FLAKE) re- Green, Gene McCarthy Sabo Hoyer Michaud Schwarz (MI) Grijalva McCaul (TX) Salazar garding the Jason Foundation on ´ Hulshof Millender- Scott (GA) Gutierrez McCollum (MN) Sanchez, Linda Hyde McDonald Hall McCotter T. Scott (VA) which further proceedings were post- Inslee Miller (MI) Harman McCrery Sanchez, Loretta Serrano poned and on which the noes prevailed Issa Miller (NC) Harris McDermott Sanders Shaw Jackson (IL) Miller, Gary by voice vote. Hart McGovern Saxton Jackson-Lee Miller, George Shays The Clerk will redesignate the Hastings (FL) McHenry Schakowsky (TX) Mollohan Sherman amendment. Hastings (WA) McHugh Schiff Jefferson Moore (WI) Sherwood Hayes McIntyre Schmidt Jenkins Moran (KS) Shimkus The Clerk redesignated the amend- Herger McKeon Schwartz (PA) Johnson (CT) Moran (VA) Shuster ment. Herseth McKinney Schwarz (MI) Simmons Johnson, E. B. Murphy RECORDED VOTE Higgins McMorris Scott (VA) Jones (OH) Murtha Simpson Hinchey McNulty Serrano Kanjorski Nadler Skelton The CHAIRMAN. A recorded vote has Hinojosa Meehan Shaw Kaptur Neal (MA) Smith (NJ) been demanded. Hobson Meek (FL) Shays Kelly Ney Smith (TX) A recorded vote was ordered. Hoekstra Meeks (NY) Sherman Kennedy (RI) Northup Smith (WA) Holden Melancon Sherwood Kildee Nunes Snyder The CHAIRMAN. This will be a 2- Holt Mica Shimkus Kilpatrick (MI) Oberstar Sodrel minute vote. Honda Michaud Shuster Kind Obey Solis The vote was taken by electronic de- Hooley Millender- Simmons King (NY) Olver Spratt vice, and there were—ayes 69, noes 352, Hostettler McDonald Simpson Kingston Ortiz Stark Hoyer Miller (MI) Skelton Kirk Osborne Strickland answered ‘‘present’’ 1, not voting 10, as Hulshof Miller (NC) Smith (NJ) Kline Owens Stupak follows: Hyde Miller, Gary Smith (TX) Knollenberg Oxley Inslee Miller, George Smith (WA) Sullivan [Roll No. 299] Kolbe Pallone Sweeney Issa Mollohan Snyder Kucinich Pascrell Jackson (IL) Moore (WI) Sodrel Tanner AYES—69 Kuhl (NY) Pastor Jackson-Lee Moran (KS) Solis Tauscher Andrews Gibbons Pence LaHood Payne (TX) Moran (VA) Souder Taylor (NC) Barrett (SC) Green (WI) Langevin Pearce Petri Jefferson Murphy Spratt Bass Gutknecht Lantos Pelosi Thomas Pitts Jenkins Murtha Stark Bean Hayworth Larsen (WA) Peterson (MN) Thompson (CA) Platts Johnson (CT) Nadler Strickland Beauprez Hefley Larson (CT) Peterson (PA) Thompson (MS) Poe Johnson (IL) Neal (MA) Stupak Bilbray Hensarling Latham Pickering Tiahrt Ramstad Johnson, E. B. Neugebauer Sweeney Bilirakis Inglis (SC) LaTourette Pombo Tiberi Rohrabacher Johnson, Sam Ney Tanner Blackburn Israel Leach Pomeroy Tierney Ryan (WI) Jones (OH) Northup Tauscher Bradley (NH) Jindal Lee Porter Towns Ryun (KS) Kanjorski Nunes Taylor (NC) Brown-Waite, Jones (NC) Levin Price (NC) Turner Sensenbrenner Kaptur Oberstar Thomas Ginny Keller Lewis (CA) Pryce (OH) Upton Kelly Obey Thompson (CA) Chabot Kennedy (MN) Sessions Lewis (GA) Putnam Van Hollen Kennedy (RI) Olver Thompson (MS) Chocola King (IA) Shadegg Lewis (KY) Radanovich Vela´ zquez Kildee Ortiz Thornberry Cooper Kline Slaughter Lipinski Rahall Visclosky Kilpatrick (MI) Osborne Tiahrt Davis (KY) Linder Stearns LoBiondo Rangel Walden (OR) Kind Owens Tiberi Deal (GA) Matheson Sullivan Lofgren, Zoe Regula King (NY) Oxley Tierney Walsh Doggett Miller (FL) Tancredo Lowey Rehberg Kingston Pallone Towns Wamp Duncan Moore (KS) Taylor (MS) Lucas Reichert Kirk Pascrell Turner Wasserman Feeney Musgrave Terry Lynch Renzi Knollenberg Pastor Upton Schultz Flake Myrick Udall (CO) Mack Reyes Kolbe Payne Van Hollen Waters Ford Norwood Maloney Reynolds Udall (NM) Kucinich Pelosi Vela´ zquez Watson Fossella Otter Manzullo Rogers (AL) Westmoreland Kuhl (NY) Peterson (MN) Visclosky Watt Franks (AZ) Paul Marchant Rogers (KY) Whitfield LaHood Peterson (PA) Walden (OR) Weiner Garrett (NJ) Pearce Markey Rogers (MI) Langevin Pickering Walsh Weldon (FL) Matsui Ros-Lehtinen Lantos Pombo Wamp Weldon (PA) NOES—352 McCarthy Ross Larsen (WA) Pomeroy Wasserman Weller McCaul (TX) Rothman Abercrombie Burgess DeFazio Larson (CT) Porter Schultz Wexler McCollum (MN) Roybal-Allard Ackerman Burton (IN) DeGette Latham Price (NC) Waters McCotter Royce Whitfield Aderholt Butterfield Delahunt LaTourette Pryce (OH) Watson McCrery Ruppersberger Wicker Akin Buyer DeLauro Leach Putnam Watt McDermott Rush Wilson (NM) Alexander Calvert Dent Lee Radanovich Waxman McGovern Ryan (OH) Wilson (SC) Allen Camp (MI) Diaz-Balart, L. Levin Rahall Weiner McHenry Ryun (KS) Wolf Baca Campbell (CA) Diaz-Balart, M. Lewis (CA) Rangel Weldon (FL) McHugh Sabo Woolsey Bachus Cantor Dicks Lewis (GA) Regula Weldon (PA) McIntyre Salazar Wu Baird Capito Dingell Lewis (KY) Rehberg Weller McKeon Sa´ nchez, Linda Wynn Baker Capps Doolittle Lipinski Reichert Wexler McKinney T. Young (AK) Baldwin Capuano Doyle LoBiondo Renzi Wicker McMorris Sanchez, Loretta Young (FL) Barrow Cardin Drake Lofgren, Zoe Reyes Wilson (NM) Bartlett (MD) Cardoza Dreier Lowey Reynolds Wilson (SC) ANSWERED ‘‘PRESENT’’—1 Barton (TX) Carnahan Edwards Lucas Rogers (AL) Wolf Becerra Carson Ehlers Gohmert Lungren, Daniel Rogers (KY) Woolsey Berkley Carter Emanuel E. Rogers (MI) Wu NOT VOTING—7 Berman Case Emerson Lynch Ros-Lehtinen Wynn Berry Castle Engel Mack Ross Young (AK) Cannon Hart Nussle Biggert Chandler English (PA) Maloney Rothman Young (FL) Davis (FL) Hunter Bishop (GA) Clay Eshoo Evans Napolitano Bishop (NY) Cleaver Etheridge ANSWERED ‘‘PRESENT’’—1 Bishop (UT) Clyburn Everett Gohmert ANNOUNCEMENT BY THE CHAIRMAN Blumenauer Coble Farr The CHAIRMAN (during the vote). Blunt Cole (OK) Fattah NOT VOTING—10 Boehlert Conaway Ferguson Cannon Hunter Price (GA) Members are advised 1 minute remains Boehner Conyers Filner Davis (FL) Istook Scott (GA) in this vote. Bonilla Costa Fitzpatrick (PA) Davis (TN) Napolitano Bonner Costello Foley Evans Nussle Bono Cramer Forbes b 1842 Boozman Crenshaw Fortenberry ANNOUNCEMENT BY THE CHAIRMAN Boren Crowley Foxx The CHAIRMAN (during the vote). So the amendment was rejected. Boswell Cubin Frank (MA) The result of the vote was announced Boucher Cuellar Frelinghuysen Members are advised 1 minute remains as above recorded. Boustany Culberson Gallegly in this vote. Boyd Cummings Gerlach Stated against: Brady (PA) Davis (AL) Gilchrest b 1846 Ms. HART. Mr. Chairman, on rollcall No. Brady (TX) Davis (CA) Gillmor So the amendment was rejected. Brown (OH) Davis (IL) Gingrey 298 I was unavoidably detained. Had I been Brown (SC) Davis, Jo Ann Gonzalez The result of the vote was announced present, I would have voted ‘‘no.’’ Brown, Corrine Davis, Tom Goode as above recorded.

VerDate Aug 31 2005 04:21 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.054 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4293 AMENDMENT OFFERED BY MR. STEARNS So my amendment is basically saying number right on their military ID Mr. STEARNS. Mr. Chairman, I offer that, no, the Air Force could not step cards. The DOD is thereby placing mil- an amendment. in anytime there is voluntary partici- lions of servicemembers, military re- The Clerk read as follows: pation in worship, prayer, study, and tirees, and their family members at Amendment offered by Mr. STEARNS: discussion. And it is simple on that re- risk for identity theft, and the threat At the end of the bill (before the short spect. is heightened for servicemembers who title), insert the following: Some of the revised interim guide- must carry this ID with them at all TITLE X—ADDITIONAL GENERAL lines that the military put together is times. PROVISIONS worded in such a way that it makes We all know identity theft as being SEC. 10001. None of the funds made avail- many of us feel a little uncomfortable. one of the fastest growing crimes of the able in this Act may be used to to interpret It seems like it is a little bit over the decade, and it creates a nightmare for voluntary religious discussions as ‘‘official’’ line, and I felt personally, and I say to the victims who suffer. Identity thieves as specified in the revised interim guidelines the chairman, my colleague from Flor- make off with billions of dollars each concerning free exercise of religion in the OUNG year, and each day more than 1,000 peo- Air Force. ida (Mr. Y ), that when you add voluntary, I think that should be ple are being defrauded. The Federal Mr. STEARNS. Mr. Chairman, I have enough. And the word official and rea- Trade Commission recently listed iden- this amendment, and it took quite a sonably clear and some of these extra- tity theft as the top consumer com- bit of expertise on myself and staff to neous words that would imply intimi- plaint. With just your name and your get this so it would be germane, and I dation to the people who are trying to Social Security number, a thief can sort of feel that that is one of my ac- worship and pray should not be a part open credit lines worth thousands of complishments. I intend to offer this, of this interim guideline. dollars, rent apartments, sign up for but then I am going to ask unanimous So I wanted to go on record to say I utilities, earn income, and your credit consent to withdraw it out of great def- as one Member don’t agree, and I hope rating is ruined. You risk being re- erence to the chairman. perhaps there are other Members who jected from everything from a college The second is to bring it on the would take this amendment to heart. loan to a mortgage, and it is all up to House floor and to discuss it so we can And so if we find that the Air Force you as an individual to fix it all up. put it in the RECORD so that the Armed somehow intimidates these people dur- Law enforcement will generally not Forces, particularly the Air Force, ing voluntary participation in prayer, pursue these identity theft cases. when they talk about the revised in- worship, and study, that they would re- Sixteen percent of the 13 million vic- terim guidelines concerning free exer- member my amendment. tims of identity theft in the last 2 cise of religion in the Air Force, have With that, Mr. Chairman, I am going years had their wallets stolen. Any- an understanding what we in the House to ask unanimous consent to withdraw body who had their ID card in their believe is appropriate. out of deference and understanding the wallet lost their identity. A military The amendment is basically saying lateness of the hour and also the under- ID is one of those that is generally car- that none of the funds made available standing that you have just been ried in a wallet. We could have saved 2 in this act may be used to interpret through one donnybrook and perhaps million people from the problems of voluntary religious discussion as offi- this one might be another one, but I identity theft. Just look at the two in- cial, because within this interim guide- still feel and I might at a later date dividuals who were recently convicted lines concerning free exercise of reli- bring this forward now that I finally of Federal identity theft after creating gion the word ‘‘official’’ is in the para- figured out a way to make it germane. 331 fake credit cards in the name of graph where we are talking about vol- Mr. Chairman, I ask unanimous con- high-ranking military officers. They untary worship. Let me read this por- sent to withdraw the amendment. just found their Social Security num- tion to you: The CHAIRMAN. Is there objection bers and military IDs on a Web site and ‘‘Voluntary participation in worship, to the request of the gentleman from copied the information from the CON- prayer, study, and discussion is inte- Florida? GRESSIONAL RECORD. gral to the free exercise of religion.’’ There was no objection. The recent incident at the VA af- Now, that we all agree upon. And AMENDMENT OFFERED BY MR. FILNER firms our need to wean the Federal then they go on to talk about this vol- Mr. FILNER. Mr. Chairman, I offer Government from its overreliance on untary discussion of religion. But then an amendment. the Social Security number for ID pur- there is a sentence in this that goes on The Clerk read as follows: poses. There seems to be a culture of to say: ‘‘Voluntary discussions of reli- indifference in many agencies with re- gion or the exercise of free speech Amendment offered by Mr. FILNER: At the end of the bill (before the short gard to these numbers. States and uni- where it is reasonably clear that the title), insert the following: versities and health care insurance discussions are personal and not offi- TITLE X—ADDITIONAL GENERAL companies have given up their addic- cial.’’ PROVISIONS tion of Social Security numbers. Why So even within the paragraph talking SEC. 10001. None of the funds made avail- can’t we in the Federal Government? about voluntary, talking about vol- able in this Act may be used to place a social So I hope this issue is taken very se- untary discussion of people coming to- security account number on any identifica- riously. I know Mr. MURTHA and Mr. gether, there is still an interpretation tion card issued to a member of the Armed YOUNG are seriously looking at this. I by the Air Force that it is reasonably Forces, a retired member of the Armed hope they will look at it in conference clear it is not official. Well, obviously Forces, or a dependent of such a member or and as they pursue this bill. if these people come together volun- retired member. Mr. Chairman, I ask unanimous con- tarily to talk about their faith, to Mr. FILNER. Mr. Chairman, I thank sent to withdraw the amendment. pray, to study, and have this discus- the chairman and the ranking member The CHAIRMAN. Is there objection sion, it is voluntary and should the of the committee for this discussion we to the request of the gentleman from word ‘‘official’’ not even be in this have had on so many issues today. California? paragraph. But it still gives the Air As the senior Democratic member of There was no objection. Force the ability to go in and say, well, the Veterans Committee, I have been AMENDMENT OFFERED BY MR. INSLEE you know, we can reasonably say that particularly appalled at the loss of 261⁄2 Mr. INSLEE. Mr. Chairman, I offer it is not clear that the discussion that million records of veterans with their an amendment. you men and women have had while Social Security numbers and some The Clerk read as follows: you are worshipping, you are praying, medical data plus about 200,000 active Amendment offered by Mr. INSLEE: you are studying is an integral part of duty personnel. So the issue of identity At the end of the bill, add the following this free speech. It appears that there theft I think is on all our minds. And new title: might be some official overtone. So it we all know that servicemembers and TITLE X—ADDITIONAL GENERAL is official overtone. Then at that point military retirees are at great risk for PROVISIONS they can step in and say, okay, you identity theft because the Department SEC. 10001. None of the funds appropriated cannot have this discussion. of Defense puts the Social Security by this Act may be used to waive or modify

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.164 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4294 CONGRESSIONAL RECORD — HOUSE June 20, 2006 regulations promulgated under chapter 43, from discrimination based on political offering this amendment, and the issue 71, 75, or 77 of title 5, United States Code. opinion, something that our Civil Serv- here is really straightforward: Are we Mr. INSLEE. Mr. Chairman, this ice rules need to protect; and the right going to require the Department of De- amendment brought by myself and my to collective bargaining, to engage in fense to comply with guidelines estab- colleagues, Mr. VAN HOLLEN and Mr. collective bargaining in good faith; the lished by this House and this Congress, JONES, seeks to protect very basic job right to due process for advance notice or are we going to allow them, one securities for Department of Defense of suspension and some meaningful ap- more time, to ignore the will of Con- employees by blocking funds for those peal rights for people who work on the gress and roll over us here in the House parts of the National Security Per- defense team. of Representatives? sonnel System that have been declared So we are offering a commonsense Here is the situation. Back in 2004, illegal. The workplace environment amendment that will recognize that we this House passed the defense author- that would result if this amendment should not be forcing this broken sys- ization provision that allowed the De- does not pass, that results in destroy- tem that has been ruled illegal for peo- fense Department to go out and set up ing basic worker rights; jeopardizes our ple who are doing such great work for a new personnel system, but we did it ability to recruit and maintain quali- us, keeping our uniformed personnel on with certain guidelines. We wanted to fied, skilled workers to protect our na- the post in Iraq and Afghanistan. We provide the Department of Defense tional security. These are hardworking commend this amendment to our col- with greater flexibility, but we also men and women. They deserve our leagues’ attention. wanted to ensure fairness to the em- gratitude, they deserve our respect, Mr. JONES of North Carolina. Mr. ployees. they deserve a personnel system that Chairman, I move to strike the last Here is what happened. The DOD respects their work and complies with word. took the flexibility part, and they ig- principles that we hold forth. Mr. Chairman, I rise in support of nored the portions requiring fairness to I have got to tell you, I just want to this amendment, a simple and com- employees. They ignored the provision note who we are talking about here. monsense statement from this Con- that required, for example, an inde- These are the men and women who gress that says we stand with our Na- pendent entity to arbitrate certain dis- make sure that our equipment works. tion’s Federal civilian employees. putes between management and labor. When I went out and saw the Carl Vin- We are here today to take a stand They ignored the provisions that said son, one of our great carriers coming and rein in a personnel system that is you have to have a merit system pro- back from the Afghanistan campaign, opposed by nearly each and every one tection board that has an independent the sailors asked me to thank the peo- of the 700,000 members of the DOD Fed- judgment, instead of allowing the De- ple who worked on that carrier to see eral civilian workforce. fense Department to essentially over- to it that it could launch 10,000 sortees The National Security Personnel rule the decisions, at least on a pre- without losing an airplane. System, or NSPS, is a system that re- liminary basis, of an independent merit These people are part of the defense stricts our Nation’s Federal civilian system protection board. So they made team. They deserve respect. But, unfor- employees of their collective bar- a number of changes to the congres- tunately, the current situation does gaining rights, as well as the right to sional intent. not give them either respect or fairness have an independent labor relations As my colleague Mr. INSLEE said, you in the personnel system. board settle disputes, as was recently do not have to take our word for it. It is worth noting that the Office of affirmed in a court of law. Just listen to what a Federal judge Personnel Management questioned the This amendment would withhold the said, and that is Judge Emmet Sul- legitimacy of this new program in funding to go forward on implementing livan. He is the first person in the Dis- March 2004 in a letter to Secretary only those portions of the NSPS de- trict of Columbia to have been ap- Rumsfeld and said, ‘‘The current sys- clared illegal. It would not arbitrarily pointed by three United States Presi- tem may be contrary to law insofar as kill the system as a whole, but allow dents to three judicial positions, and it attempts to replace collective bar- Congress to carry out its oversight re- he ruled in favor of the employees who gaining with consultation and elimi- sponsibility. brought a case and challenged the ad- nate collective bargaining agreements Congress has continuously affirmed ministration’s decision on this. He said all together. In addition, other ele- its strong support of the men and it was ‘‘the antithesis of fairness’’ the ments of the proposal lack a clear and women in our Nation’s military. way DOD had set up its system and de- defensible national security nexus and Today, with this amendment, we are jeopardize those parts that do.’’ termined that it was outside the scope asking the same thing, reaffirm your of what the Congress had mandated. Now, this is not just us speaking; it support for our Nation’s Federal civil- is the Federal courts. At the beginning Now, they have ruled. That ruling ian workforce. came down in February. We have had a of this year, U.S. Federal District Mr. Chairman, by passing this Court Judge Emmitt Sullivan ruled Federal judge, therefore, stick up for amendment we will help send a mes- the Congress. The question is, are we that the NSPS system failed to ‘‘en- sage to these highly valuable men and sure even minimal collective bar- going to stick up for ourselves? Did we women that we stand with them today; mean what we said back there? A Fed- gaining rights.’’ The court further en- that we stand with those Federal civil- joined the National Security Labor Re- eral judge has looked at the law and ians who maintain and repair our Navy lations Board on the grounds that it said, clearly, the DOD provisions are and Marine Corps’ battle-worn heli- did not satisfy congressional require- outside the scope of what we intended. copters; that we stand with those Fed- ment for independent third-party re- Anyone who takes a fair look at what eral civilians who capitalize and up- view. It has been declared illegal. this Congress said to the administra- Now, one might assume after such a grade our Army’s Bradley fighting ve- tion and to the guidelines that we had ruling had come down that the Pen- hicles and Abrams tanks; that we stand in setting up the system would reach tagon would attempt to fix the problem with those Federal civilians who skill- the same conclusion. and that the administration would do fully manage our Air Force’s logistics Let us not once more roll over. A so, but in fact that has gone on after 3 and distribution operations; and that Federal judge has done the right thing. years. They are essentially snubbing we stand with those Federal civilians They said the administration should their noses at collective bargaining who maintain, overhaul and upgrade not roll over the will of Congress. Let rights, at civil service rights, at the our Navy’s fleet of ships, submarines us not allow them to do it. Let us right to know whether you are dis- and aircrafts. make sure that we do not spend tax- charged or what your discharge would I hope that my colleagues in this payer money on a system that a Fed- be, basic fundamental rights that we House of Representatives will join us eral judge has said is outside the scope ought to give to the people who are and vote ‘‘yes’’ on this amendment. of what Congress intended. critical members of the defense team. Mr. VAN HOLLEN. Mr. Chairman, I So I urge my colleagues to support move to strike the requisite number of this amendment. b 1900 words. Mr. BRADLEY of New Hampshire. That is why we bring this amend- I am pleased to join with my col- Mr. Chairman, I move to strike the ment, to preserve the right to be free leagues Mr. INSLEE and Mr. JONES in requisite number of words.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.059 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4295 Mr. Chairman, I want to begin by any other yard in the country, all nore it, proceeding with plans to implement thanking Chairman YOUNG and Mr. while saving significant millions of regulations that would make substantial MURTHA for their hard work and sup- dollars on submarine maintenance for changes concerning collective bargaining and port of our troops and support of our taxpayers, it is difficult to imagine review of appeals of adverse actions. Nation’s defense, but I also join with that none of this could have been pos- In February 2006, U.S. District Court Judge my colleagues who have previously sible under the proposed NSPS format. Emmet Sullivan ruled that specific sections of spoken. So, Mr. Chairman, I appreciate my DOD’s NSPS regulations were unlawful. He In November of 2003, I supported the colleagues who have spoken previously ruled that NSPS ‘‘fails to ensure that employ- National Defense Authorization Act, on this issue, and I rise in support of ees can bargain collectively,’’ that the pro- which authorized the NSPS system. At this amendment and ask the entire posed National Security Labor Relations that time, I believed that NSPS would House to support it tonight. Board ‘‘does not meet Congress’s intent for produce greater efficiencies in govern- Mr. MURTHA. Mr. Chairman, I rise independent third party review,’’ and that ‘‘the ment. Further, I believed NSPS would in support of the amendment. process for appealing adverse actions fails to reward government employees that dis- I think at times we have an arro- provide employees with fair treatment.’’ played personal initiative, hard work, gance in the Defense Department when To their credit, the labor organizations that and productivity, all at the same time they ignore not the regulations, but represent many federal government workers while preserving collective bargaining what we are trying to do in this legis- have been vigilant in protecting the rights of and Civil Service protections. lation. We expected them to talk to the their members by appealing to the courts. I Unfortunately, as others have out- people working in the Defense Depart- believe that it is time for Congress to reinforce lined, the implementation of NSPS has ment. the ruling of the federal court to ensure that been staggered and revised on several I have never seen a better workforce the Administration gets the message: Con- different situations, indicating both than we have in the United States gress does not intend that core principles of the complexity and the problems when when it comes to the civilians who sup- labor relations are to be eroded by DOD, and applying some of the good aspects of port our troops out in the field and ci- we are prepared to make that crystal clear by NSPS with the reality of its implemen- vilians who work for the Defense De- prohibiting the expenditure of funds on steps tation. partment, and we have tried several that violate the intent of the law. Last November the Department of years now to get them to do more ne- I urge my colleagues to support this amend- Defense and the Office of Personnel gotiations. They have continually ig- ment. Management published the final regu- nored our advice, and I am very nerv- Mr. HOYER. Mr. Chairman, I rise in support lations for NSPS. These did not live up ous about the way they have handled of the amendment offered by my colleagues, to the spirit of cooperation and col- things. Representatives INSLEE, JONES and VAN laboration between the government I have never seen so many union rep- HOLLEN, which would prohibit the use of funds and labor that was promised when Con- resentatives come to me and say, we in this bill to be expended on specific ele- gress passed the authorization bill sev- have asked them for this, and then the ments of the National Security Personnel Sys- eral years ago. court, the court itself, says they are tem. In February, U.S. District Court Judge In fact, as has already been alluded not being treated fairly. Emmet G. Sullivan ruled that the Department to, a Federal judge agreed with rep- So I would hope we could accept this of Defense, in establishing a rule to execute resentatives of labor that NSPS failed amendment or at least vote this the National Security Personnel System, had to meet fundamental standards. On amendment. It is a little broader than failed to ensure the rights of the approximately February 27, 2006, a Federal court en- I would like, but we can always adjust 700,000 civilian employees of the Department joined the NSPS regulations because that if we have to at some other point. of Defense. they failed to ensure collective bar- I would advise, recommend the Mem- Specifically, the judge determined that the gaining rights, did not provide for inde- bers they support the amendment. rule: pendent third-party review of labor re- Mr. DICKS. Mr. Chairman, I rise in strong Fails to ensure that employees can bargain lations decisions, and failed to provide support of this amendment. collectively. a fair process for appealing adverse ac- Based on the actions of the Department of Does not meet Congress’s requirement for tions. Homeland Security and the Department of De- ‘‘Independent Third Party Review’’ of labor re- For the thousands of Federal workers fense, it is clear to me that it is time for Con- lations decisions. at Portsmouth Naval Shipyard, which gress to send a message to the Administration And that the process for appealing adverse is in my district, the NSPS regulations about the importance of preserving bedrock actions fails to provide employees with the as proposed would have had a damaging principles of labor relations. ‘‘Fair Treatment’’ required by the Congress. impact. The shipyard’s unique labor In making my case for this amendment, I Yet, despite the decision, the department and management relationship has cre- want to recount a few key points leading up to has proceeded with the implementation of the ated tremendous efficiencies and where we are today. rule. progress and has become a model for In 2002, Congress enacted legislation to Mr. Chairman, this amendment simply en- good government. This progress and create the Department of Homeland Security. sures that the Department of Defense will not the relationship at the Portsmouth This legislation provided the Secretary of continue to pursue a policy that is clearly Naval Shipyard could well be lost Homeland Security and the Director of the Of- against the law and against the best interests under the NSPS program. fice of Personnel Management with the au- of our national security. Under the broad and rigid centralized thority to develop a separate human resources I commend the gentlemen for their contin- NSPS regime, the flexibility that has management system for the employees of the ued efforts on behalf of our Federal employ- led to some of our government’s best Department of Homeland Security. Subse- ees and urge my colleagues to support this practices and most successful entities quently, in the FY2004 Defense Authorization important amendment. would be impossible. In fact, represent- Act, the Department of Defense was author- The CHAIRMAN. The question is on atives of labor have indicated to me ized to develop and implement the National the amendment offered by the gen- that many of the efficiencies that were Security Personnel System. tleman from Washington (Mr. INSLEE). the result of labor-management agree- In August 2005, U.S. District Court Judge The amendment was agreed to. ments would not have been possible Rosemary Colyer ruled that the proposed De- AMENDMENT OFFERED BY MR. FLAKE under NSPS. partment of Homeland Security personnel Mr. FLAKE. Mr. Chairman, I offer an NSPS, as proposed, systematically rules ‘‘would not ensure collective bargaining, amendment. The Clerk read as follows: restricts opportunities for labor rep- would fundamentally alter [Federal Labor Re- Amendment offered by Mr. FLAKE: resentatives to communicate, nego- lations Authority] jurisdiction . . . and would At the end of the bill (before the short tiate and collaborate with Pentagon create an appeal process at MSPB [Merit Sys- title), insert the following: management. Given the exemplary tems Protection Board] that is not fair.’’ This TITLE X—ADDITIONAL GENERAL record of the Portsmouth Naval Ship- federal court ruling should have been a PROVISIONS yard, which is in my district, which wakeup call to the Department of Defense to SEC. 10001. None of the funds made avail- has returned submarines to the water take care in pursuing changes to labor rela- able in this Act may be used for the Center and to fleet commanders sooner than tions regulations. However, DOD chose to ig- for Rotorcraft Innovation.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.171 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4296 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Mr. FLAKE. Mr. Chairman, before b 1915 stand what the rotorcraft center was addressing this amendment, let me The rotorcraft industry wants $4 mil- all about? Why didn’t you talk to the simply speak to the problem with this lion of Federal defense dollars to sub- American Helicopter Society, headed process of earmarking. We have the sidize their marketing efforts around by Rhett Flater? More importantly, last amendment with regard to the the globe. They are doing pretty well. I why didn’t you talk to the Boeing Jason Foundation. All we know is that hope they continue to do well. They folks? Maybe by then you would have it was, I believe, requested for are competitive because they make a realized that a portion of this money, Ashburn, Virginia. good product, not because the Federal and by the way none of it goes into my We still do not know, after having Government is subsidizing them. district, the money is funneled out to voted for it, after 332 Members voted Many of them compete for govern- 21 other locations, including your dis- for it, after people came to defend ment contracts. That is great. We rely trict. The Boeing Company received a other earmarks, nobody came to defend on them, but we shouldn’t be saying, grant from this program in your dis- this one. We still do not know. What all right, we are going to pick you and trict, which you weren’t even aware of. I will not yield because the gen- we do know is that the administration we are going to lavish you with Federal tleman has offered an amendment that never requested it, that no hearings dollars to help market your product. he knows nothing about. I respect peo- were ever held, no markup was ever Those of us who oppose corporate ple of intelligence, who have integrity. held. We still do not know why it is in subsidies for cotton and sugar and to- You didn’t have the courtesy to come the defense bill. bacco and the airline industry, I think and ask me about this program. You As I mentioned, we do not know who that we also ought to say, if we are didn’t have the courtesy to come and requested it. There is no oversight going to oppose those subsidies, why ask about the briefing, about the four mentioned, no, no process or structure don’t we oppose subsidies for the rotor- hearings, about the memorandum of for oversight, nothing, yet we just ap- craft industry as well? understanding signed in 2004 by every propriated $1 million for the Jason At this time of war, we need to send major rotorcraft manufacturer in this Foundation in Ashburn, Virginia. That money to help our troops and not sub- Nation, including Sikorsky, Bell Tex- is all we know, and that is all we will sidize private industry. Again, it is not tron, including Kaman Industries, in- probably ever know. the role of the Federal Government, cluding Boeing, including Georgia What kind of process is that? It is and certainly not in a defense bill, to Tech, Penn State, and Maryland, all simply wrong. We should have a proc- be picking winners and losers in indus- the major rotorcraft centers in this Na- ess that is more transparent where try, saying you are going to get a sub- there is real accountability. tion. sidy but you are not. You didn’t have the courtesy to come Let us go on to this amendment. This This argument will come up as we is an amendment to strike $4 million and ask. You took a cheap shot. And offer additional amendments in the you know what? Your cheap shot is for the Center for Rotorcraft Innova- next few minutes, but I would ask sup- just that. The amount of impact on my tion in Media, Pennsylvania. This port for this amendment. district is one job, one job at Penn amendment would prohibit funds in the Mr. WELDON of Pennsylvania. Mr. State University. The money you just bill from being used for the Center for Chairman, I rise in opposition to the talked about flows into 21 other States, Rotorcraft Innovation. amendment. into universities and corporations According to the center’s Web site, First of all, let me say there is a role doing research on rotorcraft tech- their goal is to enhance the competi- for this Congress to play in defense, in nology. tiveness of the U.S. rotorcraft industry spite of my colleague from Arizona. If Now, why is that important? Because in the world marketplace. it wasn’t for this Congress, a decision the primary responsibility for rotor- I should say nobody is more sup- made by the administration back in craft research was NASA, but NASA portive of a strong, viable rotorcraft 1989, when they canceled the V–22 pro- has seen fit to move away from that. industry than I am. Just about 2 miles gram, would have been left undone. And as a member of the Science Com- from my house is the Boeing facility This year, the Marine Corps will deploy mittee, we have worked repeatedly to that makes the Apache. About a mile the V–22 program. try to get NASA to take the responsi- and a half from my home is where MD In spite of the administration back bility mandated by the law. NASA used Helicopter has made for Special Forces then and Secretary CHENEY canceling to fund $30 million a year in rotorcraft the Little Bird helicopter. So this is the program, we did the right thing for research. In the past 5 years, they have important for my district and every the Marines. Today, we are building 450 spent zero. So we took the initiative other district that does have a strong, of these aircraft because this Congress that the Army established. viable rotorcraft industry. knew what it was doing. And when the gentleman says on this But what we should not be doing is I would remind my colleague that it floor, again ignorantly, that the mili- picking winners and losers and saying was in 1996 that this Congress passed a tary and the Pentagon don’t support the Federal Government, in the defense defense authorization bill requiring this, I would have said to him, why bill, is going to prop up one industry or that we arm the Hellfire missile on the don’t you go talk to the Army, because another. We simply should not be doing Predator system. The administration the Army has supported the Center For that. didn’t want it back then. They knew Rotorcraft Innovation repeatedly. The The helicopter companies that are better than we did. Thank goodness U.S. Army. Not the Russian Army, the principal members of the center are this Congress armed the Hellfire mis- U.S. Army. If you would have taken world-class and competitive because sile on the Predator. That was our de- the time to go to the Army, you would they make a great product needed by cision, not the administration’s. have found those facts out. our military and militaries around the If this Congressman would have come You know, Mr. Chairman, I hate to world. to me and asked me some questions, be emotional in this debate; but dog- I have toured a number of times the perhaps he would have been a bit more gone it, I am not going to let somebody Apache facility. I have heard the ac- enlightened about what this is. This is stand up here in total and complete ig- counts of soldiers who have been to not a subsidy program. This is a pro- norance and spout off a bunch of gob- Iraq and Afghanistan, and the Apache gram to focus research and technology bledygook about subsidizing the rotor- has performed wonderfully. I have also on the rotorcraft industry for our mili- craft industry. That is not what this is toured MD Helicopter. It is a great tary and for other purposes. about. product. I am sure Sikorsky and others If the gentleman would have come to If you want to give the money back who manufacture helicopters do as me, he could have attended one of our from your district, you go to Boeing well. four hearings. Now he speaks a good and tell them to turn back the money The question becomes, why are we game here. Why weren’t you at the they got from this research initiative. using the defense bill as a mechanism hearings when we discussed rotorcraft But don’t stand up on the floor and to fund a center like this when these over the past 2 years? We had two hear- make stupid allegations because you businesses are fully capable of mar- ings this year. Why didn’t you come want a headline about cutting waste. keting their own products? and sit on those hearings and under- This is not waste.

VerDate Aug 31 2005 05:47 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.173 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4297 Mr. Chairman, I submit for the vanced rotorcraft systems for military appli- to, or otherwise recognize a joint venture, RECORD the memorandum of under- cations and the emerging needs for homeland partnership, or formal entity of any kind be- standing, the list of all 21 centers that security clearly demonstrate a need for ad- tween the parties. No party shall have the have received funding from this pro- vancement through an investment in re- authority to bind any other party or the search and development. The unique capa- Center except to the extent authorized in gram, and the Center For Rotorcraft bilities of rotorcraft are indispensable in this Agreement. Each party shall bear sole Innovation’s outline. both national security and emergency re- responsibility for its own actions in further- MEMORANDUM OF AGREEMENT sponse situations. The highly competitive ance of the Center. This MOA is between the Boeing Company, commercial rotorcraft industry and its The parties agree to execute appropriate a Delaware corporation having offices at worldwide proliferation make it an ideal confidentiality agreements prior to dis- Ridley Park, Pennsylvania, Sikorsky Air- candidate for technical cooperation and col- closing any proprietary information. No in- craft Corporation, a United Technologies laboration. The intent of the Center is to tellectual property right or license, either Company, having offices at Stratford, Con- centralize and refocus the attention, tech- express or implied is granted to any other necticut, Bell Helicopter Textron Inc, a nology and expertise of industry and aca- party as a result of this Agreement. Delaware corporation that is a wholly owned demia to achieve adequate and sustainable VII. TERM OF THE AGREEMENT funding through government and commer- subsidiary of Textron having offices at Hurst An organization may terminate its partici- cial sources. The goal is to be a recognized Texas, the Kaman Aerospace Corporation, pation in this agreement at any time by no- Center of Excellence in rotorcraft tech- having offices in Bloomfield, CT, the Rotor- tifying ACI in writing. nology to support and coordinate research craft Industry Technology Association This Agreement shall terminate upon the and development, education, training and (RITA) Inc., a Delaware corporation, Key- intended transfer of the administration of outreach to expand and strengthen the U.S. stone Helicopter Corporation, having offices the Center for Rotorcraft Innovation from rotorcraft community. in West Chester, PA, The Pennsylvania State ACI to the Rotorcraft Industry Technology University, located at State College, PA, The III. TECHNICAL ADVISORY BOARD Association (RITA) or another suitable third University of Maryland, located in College Sec. 1: The organizations that are parties party, and/or the execution of subsequent Park, MD, the Georgia Tech Research Cor- to this agreement shall provide technical Agreements by the parties relative to the poration, located in Atlanta, GA, the oversight to the Center through a Technical formation of the Rotorcraft Center. Advisory Board. Piasecki Aircraft Corporation having offices VIII. ASSIGNMENT in Essington, PA, Augusta Aerospace Cor- Sec. 2: The Technical Advisory Board shall No party may assign or transfer this agree- poration having offices in Philadelphia, PA be comprised of a representative from each ment, its interest, or obligations hereunder and the American Competitiveness Institute, of the initial organizations who sign this without the written consent of the parties to having offices in Philadelphia, PA, herein- agreement. Notwithstanding the foregoing, this agreement. after which may be referred to individually the Georgia Tech Research Corporation is a The Boeing Company Integrated Defense as ‘‘party’’ or collectively as ‘‘parties’’. cooperative organization of the Georgia In- stitute of Technology (‘‘GIT’’) and may iden- Systems; Bell Helicopter Textron Inc.; I. PURPOSE tify a GIT employee as a representative to The Kaman Aerospace Corporation; Sec. 1: The parties to this agreement agree the Technical Advisory Board. The Pennsylvania State University; to provide oversight for the Center for Sec. 3: The Technical Advisory Board shall Georgia Tech Research Corporation; Rotorcraft Innovation (the ‘‘Center’’), which utilize its collective expertise in various as- Keystone Helicopter Corporation; Si- will be established by the American Com- pects of the Rotorcraft Industry to establish korsky Aircraft Corporation; American petitiveness Institute (ACI), a Pennsylvania and maintain a technical roadmap to guide Competitiveness Institute; Rotorcraft corporation with its principal place of busi- Center activities consistent with its mission. Industry Technology Association; Uni- ness in Philadelphia, PA. It is recognized that inputs from industry, versity of Maryland; Piasecki Aircraft Sec. 2: The Center’s mission will be to ad- academia, and government sources are essen- Corporation; Agusta Aerospace Cor- minister and conduct rotorcraft pre-competi- tial to creating and maintaining a dynamic poration. tive research and development with the par- and relevant Center agenda. Bell Helicopter Textron: Fort Worth, TX— ticipation of rotorcraft manufacturers, their Sec. 4: Additional representatives may be Lloyd Doggett, 26th district; Kay Granger, suppliers, operators, support providers, aca- added to the Technical Advisory Board sub- 12th district. demic researchers, government laboratories, sequent to the execution of this agreement The Boeing Company: Philadelphia, PA— industry associations and other non-profit by majority consent of the initial parties to Robert A. Brady, 1st district, Robert A. organizations. Research projects will be con- this agreement. Brady, 1st district, Chaka Fattah, 2nd dis- ducted both at the Center and the partici- IV. MEETINGS trict, Allyson Y. Schwartz, 13th district. The Boeing Company: Mesa, AZ—Jeff pants’ facilities, including subcontractors as Sec. 1: The Technical Advisory Board will Flake, 6th district. appropriate. meet a minimum of four (4) times a year at Sikorsky-UTC: Stratford, CT—Christopher Sec. 3: ACI will administer, at no cost to a time and location determined by the Cen- Shays, 4th district. the parties, the acquisition and expenditures ter Director. Kaman Aerospace: Bloomfield, CT—John of federal, state, local and private funding Sec. 1a: The Center Director shall preside B. Larson, 1st district. for the creation of the Center by: over Technical Advisory Board meetings, BF Goodrich: Vergennes, VT—Bernard (i) establishing and implementing a busi- and with the advice and consent of the Tech- Sanders, 1st district. ness plan to acquire the necessary funding nical Advisory Board, shall set the time, Armour Holdings: Phoenix, AZ—Ed Pastor, for the creation and sustainment of the Cen- place, and agenda. ter; and, Sec. 1b: Each Technical Advisory Board 4th district, John B. Shadegg, 3rd district. Smiths Industries: Grand Rapids, MI— (ii) establishing and implementing a plan member may designate, by notifying the Vernon Ehlers, 3rd district. for the Center’s design, operations and final Center Director in writing, a qualified alter- Endevco: San Juan Capistrano, CA—Ken incorporation into a rotorcraft organization nate to attend and participate in Board Calvert, 44th district. governed by industry and academia. meetings in his/her absence. Lord Corporation: Erie, PA—Philip S. Sec. 4: ACI shall provide oversight con- V. FISCAL CONSIDERATIONS sistent with the mission stated above. Such English, 3rd district. Sec. 1: No membership fees or dues are re- oversight shall include participation and Georgia Tech: Atlanta, GA—John Lewis, quired to be paid. 5th district, Cynthia McKinney, 4th district. guidance associated with formation of the Sec. 2: The salaries and expenses of rep- Center, and such other Administrative sup- Penn State University: State College, PA— resentatives of the Technical Advisory Board John E. Peterson, 5th district. port as mutually agreed to by the Parties. shall be the responsibility of their respective Technical oversight, including Program se- University of Illinois—Chicago: Chicago, organizations. IL—Bobby Rush, 1st district, Jesse Jackson, lection and monitoring of projects performed Sec. 3: Any contractual relationship en- by the Center shall be provided by the other Jr., 2nd district, Dan Lipinski, 3rd district, tered into between Technical Advisory Board Luis V. Gutierrez, 4th district, Rahm Eman- Parties to this Agreement. members shall be solely the responsibility of Sec. 5: A Center Director will be appointed uel, 5th district, Danny K. Davis, 7th dis- those members, and the Center shall ex- trict, Janice D. Schakowsky, 9th district. by ACI to oversee the daily operations of the pressly have no performance or fiscal obliga- Center. University of Maryland: College Park, tion. MD—Steny H. Hoyer, 5th district. II. BACKGROUND Sec. 4: In no event shall the parties be lia- University of Texas—Arlington: Arlington, There have been several initiatives to fa- ble to each other or any third party in priv- TX—Joe Barton, 6th district. cilitate joint government, industry and aca- ity with any party for any special, indirect, UCLA: Los Angeles, CA—Henry A. Wax- demic collaboration to address technical exemplary, incidental, or consequential dam- man, 30th district, Xavier Becerra, 31st dis- challenges facing the rotorcraft industry. ages arising out of or in connection with this trict, Hilda L. Solis, 32nd district, Diane Despite this, tight government budget con- agreement. Watson, 33rd district, Lucille Roybal-Allard, straints and a shift in emphasis to other pro- VI. RELATIONSHIP OF THE PARTIES 34th district, Maxine Waters, 35th district. grams, the rotorcraft program has suffered Nothing contained in this Agreement shall Arizona State University: Tempe, AZ—J.D. and funding has failed to materialize. Ad- be deemed to constitute, create, give effect Hayworth, 5th district.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.174 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4298 CONGRESSIONAL RECORD — HOUSE June 20, 2006 West Virginia University: Morgantown why you wouldn’t want to vote for it. both my district and on my State. I WV—Alan B. Mollohan, 1st district. But I can assure every Member here, simply think that this process is out of Ohio Aerospace Institute: Cleveland, OH— Republican and Democrat alike, that control and we have to start on it. Stephanie Tubbs Jones, 11th district. in the Armed Services Subcommittee, And I appreciate the gentleman from Mississippi State University: Starkville, Hawaii. That was a very good expla- MS—Charles ‘‘Chip’’ Pickering, Jr., 3rd dis- on which I am privileged to serve with trict. Mr. WELDON, that we go into the de- nation. I appreciate that hearings have Syracuse University: Syracuse, NY—James tails of what we are doing and why we been held on this, certainly more thor- T. Walsh, 25th district. are doing it. oughly than some of the other ear- Ohio State University: Columbus, OH— The final point here. The reason that marks. But the case I would make is Deborah Pryce, 15th district, Patrick J. I support this and the reason Mr. that simply I have made my case. Tiberi, 12th district. WELDON recommended it to the sub- Mr. ABERCROMBIE. Mr. Chairman, KSR, LLC: Newport Beach, CA—John committee and that he succeeded is will the gentleman yield? Campbell, 48th district. that the big companies, the big compa- Mr. KINGSTON. It would be an honor Mr. ABERCROMBIE. Mr. Chairman, I nies don’t do the innovation and the re- to yield to the gentleman from Hawaii. move to strike the last word. search. They really don’t. Mr. ABERCROMBIE. Thank you. (Mr. ABERCROMBIE asked and was Mr. HUNTER in particular, and, again, That is why I am hoping that you given permission to revise and extend I have had my differences with Mr. would consider in this instance pos- sibly withdrawing it. his remarks.) HUNTER, but Mr. YOUNG recognizes and When you say the process is out of Mr. ABERCROMBIE. Mr. Chairman, I Mr. HUNTER recognizes that true inno- control, I am not going to argue with rise in opposition to the amendment, vation in this country comes from the you about that. I really don’t. But this and I rise speaking as the ranking small companies. It comes from the re- process with this project, I can assure member on Mr. WELDON’s committee. search areas that don’t necessarily get you was totally in control, thoroughly Mr. WELDON, as my good friend from the big contracts, nor are they sought vetted, and the decision that came out Arizona now knows, has a deep and out by the big companies. They are of it was I believe unanimous in the abiding interest in this activity. And like the Titanic. They go right down he is my good friend, that is to say Mr. committee, and I don’t believe received there. And they can be told there’s an any opposition on the basis that it was WELDON, as well as you, Mr. FLAKE. iceberg, but, boy, they head there any- Mr. FLAKE. Mr. Chairman, will the done capriciously or arbitrarily or be- way by kinetic energy. cause of the influence of a Member for gentleman yield? I can assure you, Mr. FLAKE, if you Mr. ABERCROMBIE. I certainly will reasons other than the merits. would at least consider withdrawing I can assure you of that, and I make yield to the gentleman from Arizona. the amendment, this is one time when Mr. FLAKE. I simply want to respond my request once again, and thank you the research has been done, the back- for your time and thank the gentleman to the allegation that I did not know ground has been done, the hearings that some of the beneficiaries were in for yielding. have been held, and we are trying to Mr. KINGSTON. Mr. Chairman, I my district. I stated that in my state- support the true innovative research thank both of my colleagues, and now ment. I know they are. I live less than side with regard to rotorcraft that I want to claim my time to oppose this 2 miles from them. I spoke with the might not otherwise get the attention amendment, but I wanted to talk about Boeing representative this morning, that it deserves and what we need to the bigger picture. and I knew full well that it would im- have for our Armed Forces. Each year, the House Appropriations pact them. I can assure you that the ideological Committee receives about 35,000 re- Mr. ABERCROMBIE. I accept you at content or premise that forms the phi- quests for individual projects in all the your word, and reclaiming my time, I losophy upon which you are making appropriation bills. Just to give one ex- hope that this is instructive in the end these inquiries I have no argument ample, on the Labor-HHS bill there for us. with, and I give you credit for standing were 10,272 different requests. That is One of the reasons I like working up. It is not easy to stand up against about 25 projects per Member. Yet this with Mr. WELDON is I think we bring a the tide coming at you. It is a lot easi- committee has worked very hard to certain amount of passion to our work. er to vote against you and walk off and scrutinize those requests and to decide And as with many other things in our claim victory. I don’t do that. I don’t which ones are good and which ones lives, sometimes your virtues are also take any shots like that at you. I re- have less of a case and we eliminate all your vices, so I understand that very, spect you and I understand what you of them. very well. are doing and why you are doing it. But To give you some of the numbers, it My request is that you think perhaps in this instance, my request to you as is incredible. This bill alone is $1 bil- about withdrawing this amendment. It a ranking member on this sub- lion below last year’s in terms of Mem- is not to argue with you about your committee is that you consider wheth- ber earmarks. The Ag Committee, premises. Believe me, Mr. FLAKE, I er or not this might be an instance in which I sit on, is $35 million below last don’t do that. I understand exactly which the House is well served and the year’s. The Energy and Water Com- what you are saying, and I understand Nation is well served by its adoption as mittee is 16 percent, or $197 million your concerns with regard to whether recommended by the Appropriations below last year’s in Members’ ear- or not there are full and complete un- Committee. marks. The Interior Committee is $89 derstandings of what we are doing and I thank you for your kind attention. million, or 32 percent less than last why we are doing it under the general Mr. KINGSTON. Mr. Chairman, I year. Military Quality of Life, $40 mil- aegis of earmarks. My point is that move to strike the requisite number of lion below last year’s. The Labor-HHS this particular designation has had words. is $100 million, Transportation-Treas- thorough, and I assure you non- Mr. Chairman, I yield to my friend, ury is $2.1 billion below last year’s, and partisan, thorough, complete briefings because I can see he has something to Science, State and Justice is $1.3 bil- and hearings. That is the way our sub- say real quick. lion less than last year’s. committee works on Armed Services. I Mr. FLAKE. Well, thank you, and I And this is a sign of the committee assure you of that. simply want to reiterate if I were to doing their work on a bipartisan basis. Again, as I say, everybody’s virtue is stand here and offer amendments that We are going to continue to work for also their vice; but let me tell you, if it had no impact on my district at all, if earmark reforms. The House Appro- is a vice to go into exquisite detail as I ignored those that had an impact, priations Committee is the first com- to what you are dealing with, then Mr. then I could be accused of hypocrisy mittee that wants to have earmark re- WELDON, and I guess by extension my- and doing things that simply have no form, something Mr. FLAKE is a great self, is guilty of that. impact on me. advocate of, in all committees, not just I can assure you that if there is an I have tried to make a point to offer appropriations. argument on the floor against what we amendments that do have an impact, For example, the infamous ‘‘bridge to want to do with rotorcraft innovation and I have offered them in other bills nowhere’’ did not come from an appro- in research, then I could understand as well, those that have an impact on priation bill. We need to have earmark

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.069 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4299 reform. The Appropriation Committee (6) Require all congressionally approved SURGE initiative: $21 million. supports that, but we support it for all projects go through a formal Executive Maritime security response team shoot committees, if we are going to make it Branch contracting and auditing process. house: $2 million. complete. If it is good for one, let us do (7) Require that all other committees Fast Response Cutter: $42 million. adopt similar earmarking reforms. Earmarks Citizen Corps: $35 million. it for all. are not unique to the House Appropriations New Coast Guard headquarters: $50 mil- We also have Member scrutiny and Committee. The most notable earmark in re- lion. Member criteria requests. And this cent history—the so-called ‘‘Bridge to No- Interior includes 4 terminations for a sav- year, more than ever, we are asking for where’’—had its origins elsewhere. ings of $54 million. local grant money, State money, FY07 MEMBER PROJECT FUNDING Stateside Land and Water Grants: $30 mil- matching money so that if we do ap- FY07 Agriculture Member Project Fund- lion. propriate something back home, the ing: The House bill includes $435 million in Forest Service economic action program: folks back home have skin in the game, Member project funding which is $35 million $9 million. not just something that the Federal below last year’s House bill level of $460 mil- BLM rural fire program: $10 million. Government is paying for. lion and $277 million below last year’s con- Asia Pacific Partnership: $5 million. ference agreement of $812 million. Labor-HHS-Education includes 56 termi- I have also, Mr. Chairman, a 21⁄2-page FY07 Defense Member Project Funding: list of some of the programs which the nations for a savings of $1.66 billion. The bill includes a little less than $5 billion Responsible Reintegration for Youthful Of- Appropriations Committee has termi- which more than $1 billion below last year’s fenders: $50 million. nated. Now, Ronald Reagan said, if you House bill and $2.7 billion below last year’s Women’s Educational Equity (FIE): $3 mil- don’t believe in resurrection, try kill- conference report. lion. ing a Federal program. FY07 Energy and Water Project Funding: Math Now for elementary schools: $125 mil- The bill includes $1.04 billion in Member b 1930 lion. project funding which is 16% or $197 million Math Now for middle schools: $125 million. Indeed, that is the case. It is hard as below last year’s House level of $1.24 billion. Science-State-Justice includes 8 termi- the dickens to kill programs here, and FY07 Interior Member Project Funding: nations for a savings of $96 million. yet Appropriations remains the only The bill includes $188 million in Member Grants for Televised Testimony: $1 million. committee on a consistent level that is project funding for 246 projects. This is an Forensic Science Grants: $18 million. $89 million or 32% reduction compared to eliminating spending and terminating Crime Identification Technology Act last year’s enacted total of $277 million in Grants: $28 million. programs. Member project funding. In Agriculture, there were about Cannabis Eradication: $5 million. FY07 Military Quality Member Project Public Television Facilities, Planning, and eight eliminated, including the Clas- Funding: Total Member project funding in Construction: $22 million. sical Chinese Garden at $8 million. Mr. the bill is $572 million which is $40 million Microloan Technical Assistance: $13 mil- FLAKE, I am sure, would have approved below the last year’s House bill level of $612 lion. of that. In Foreign Operations we million and $804 million below the enacted Microloan Subsidy: $1 million. eliminated the Asia Pacific Partner- level of $1.376 billion. PRIME: $2 million. FY07 Labor-HHS Member project funding: ship for $46 million. I don’t know what The bill provides approximately $1 billion for Transportation-Treasury-HUD includes 6 it did. Does anybody here? Member projects, $100 million less than pre- terminations for a savings of $742 million. We eliminated the Congo Debt Relief, vious, comparable levels and less than 1% of Rural Housing and Economic Development: $160 million. the total funding in the bill. $17 million In Homeland Security, we eliminated FY07 Transportation-Treasury, HUD Mem- FTA Small Starts: $200 million. $21 million for the SURGE initiative, ber Project Funding: Total Member project Housing Counseling Assistance: $45 mil- funding in the bill is $986 billion which is $2.1 lion. and a new Coast Guard headquarters National Defense Tank Vessel Construc- for $50 million. billion below last year’s level. This is an 70 percent reduction from the previous year. In tion Program: $74 million. In conclusion, Mr. FLAKE is not the addition, for the first time ever, the bill re- Open Roads Financing Pilot Program: $100 only one applying the big magnifying quires a 40 percent matching requirement for million. glass to spending. This committee is grantees receiving Economic Development New Coast Guard Headquarters: $306 mil- doing it, and we need to be talking Initiative funding. lion. more about it. I appreciate the gen- Science-State-Justice: The bill provides Denali Commission: $7 million. tleman for what he is bringing up, but approximately $387 million for Member Prisoner Re-entry: $20 million. he is trodding on turf that a lot of us projects, $1.3 billion less than the enacted Community College Initiative: $150 mil- have already driven on at the com- level and less than 1 percent of the total lion. funding in the bill. Work Incentives Grants: $20 million. mittee level. PROGRAM TERMINATIONS Management Crosscuts: $2 million. CONTINUED EARMARK REFORMS FOR 2006 Working Capital funds: $7 million. Agriculture includes 8 terminations for a NY State UI: $50 million. (1) Include all Member project funding dur- savings of $414 million. Tech Asst. Nat Activities: $2 million. ing the House consideration of appropria- Healthy Forests Reserve: $3 million. HRSA—Health Career Opportunity Pro- tions bills. Invasive Species Grant: $10 million. gram (HCOP): $4 million. (2) Sharply limit the number of Member Wildlife Air Safety initiative: $3 million. project requests. Curtailing the number of Classical Chinese Garden: $8 million. HRSA—Faculty loan repayment: $1 mil- Member requests per Appropriations sub- Financial Management Modernization Ini- lion. committee would dramatically improve tiative: $14 million. HRSA—Public health/dental training: $8 oversight and lead to a reduction of ear- Child Nutrition Program, contingency re- million. marks. Last year, the House Appropriations serve fund: $300 million (new mandatory). HRSA—Delta Health Initiative: $25 mil- Committee received nearly 35,000 individual P.L. 480 Title I program: $64 million. lion. project requests. In the Labor-HHS Appro- Ocean Freight Differential Grants: $12 mil- HRSA—Denali Commission: $39 million. priations bill, 417 Members requested 10,272 lion. HRSA—ER 1 Administration earmark: $25 projects, or nearly 25 projects requested per million. Member. Energy and Water includes 3 terminations CDC—Pandemic Flu base activities: $168 (3) Require that all project requests be sub- for a savings of $4ll million. million. mitted in writing to the Appropriations sub- Geothermal R&D technology: $23 million. CDC—Bulk Monovalent Vaccine Purchase: committee of jurisdiction via a Member- Natural gas R&D technologies: $20 million. $30 million. Construction of the Mixed Oxide Fuel signed request letter or form. CDC—Mind-Body Institute: $2 million. (4) Establish clearly defined criteria for all Plant: $368 million. CDC—Special Olympics Healthy Athletes: project requests and require Members to Foreign Operations includes 4 terminations $6 million. specify how each project meets those cri- for a savings of $286 million. CDC—Diamond Blackfan Anemia Program: teria. Member requests would also be re- Conflict Response Fund: $75 million. $1 million. quired to be strictly germane to the spending Asia Pacific Partnership: $46 million. CDC—Arctic health program: $0.3 million. bills in which they are contained. Africa Housing Facility: $5 million. CDC—Hanford study: $1 million. (5) Increase the proportion of projects that Congo Debt Relief: $160 million. CDC—Pfiesteria program: $8 million. have a dollar-matching requirement. HUD Homeland Security includes 6 terminations CDC—Volcanic Emissions program: $0.1 economic development initiative grants are for a savings of $154 million. million. among those that ought to be considered for Office of Screening Coordination and Oper- CDC—ALS Registry: $1 million. a local matching requirement. ations: $4 million. SAMHSA—Access to Recovery: $98 million.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.176 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4300 CONGRESSIONAL RECORD — HOUSE June 20, 2006 CMS—Health Care Fraud and Abuse Con- the invasion occurred in March 2003. Our invasion of Iraq in 2003 was a terrible trol: $118 million. And we have now been engaged in an mistake resulting in an inextricable quagmire. Health admin: $1 million. occupation of that country for more And regardless of what our friends across the ACF—Job Opportunities for Low-Income Individuals: $5 million. than 3 years. aisle claimed during our waste of a discussion ACF—Sex and other severe forms of traf- The fact that we all have to face is last week, we are still not on the road to suc- ficking program: $5 million. that it is becoming increasingly appar- cess in that country. Early Learning Fund: $36 million. ent that the administration has no Now that other legitimate hot spots in the Embryo adoption campaign: $2 million. plan for ending that occupation, and so world, such as Iran, are heating up, we are a Alcohol Abuse Reduction: $32 million. it will continue. The loss of life will passive audience sitting on the sidelines as Dropout Prevention Programs: $5 million. continue, the loss of funds will con- the Bush administration uses its damaged Close Up Fellowships: $2 million. tinue, and the deterioration of our rep- Education Technology State Grants: $272 credibility and poorly-conceived diplomacy to million. utation in the world will continue to try to head off a nuclear crisis within the most Foundations for Learning (FIE): $1 million. decline. volatile area of the world. Whaling trading partners (FIE): $9 million. This Congress has been derelict in its We should be an active participant in the Javits Gifted and Talented Ed: $10 million. duty. We have not examined the ad- formulation of our foreign policy. Mental Health Integration in Schools ministration in its activities related to The Bush administration must be held ac- (FIE): $5 million. the attack on Iraq, the falsified way in countable by Congress for its failings on the Parental Information and Resource Cen- which it presented the rationale to this world stage. In addition, the administration ters (FIE): $40 million. Ready to Learn TV: $24 million. Congress, the way in which it failed to must work with Congress before it stretches Ready to Teach (FIE) $11 million. adhere to the recommendations of the our already-depleted defense capabilities to Star Schools (FIE): $15 million. military with regard to actions taken the breaking point in another ill-conceived en- Teacher to Teacher (FIE): $2 million. prior to the attack and subsequent to gagement. Language Teacher Corps (FIE): $5 million. it, right up to the present moment. And while the administration’s recent efforts State scholars (FIE): $8 million. So now we are faced with another po- to engage with the European community in di- State Grants for Incarcerated Youth Of- tential problem that would magnify plomacy on this issue are a welcome change, fenders: $23 million. Underground Railroad: $2 million. the one that we currently confront, their international dealings have not proven to Byrd Scholarships: $41 million. and that is we have come to under- be trustworthy—another cause of our dimin- Demonstration in Disabilities: $7 million. stand that there have been serious con- ished credibility abroad. Thurgood Marshall Legal Educational Op- siderations within this administration This administration is tone-deaf when it portunity Program: $3 million. to engage in a military attack on Iran. comes to understanding the diverse religious Interest Subsidy Grants: $2 million. The rationale for that attack as it has beliefs and cultural principles of countries in The CHAIRMAN. The question is on been presented to us is that Iran is en- the Middle East. It does not sufficiently sup- the amendment offered by the gen- gaged in a nuclear weapons develop- port the troops that are already engaged tleman from Arizona (Mr. FLAKE). ment program. Of course, that was part abroad, and it does not understand the dam- The amendment was rejected. of the falsified rationale that was pre- age that this engagement has done to our AMENDMENT OFFERED BY MR. HINCHEY sented for the attack on Iraq. armed services. We must rectify these prob- Mr. HINCHEY. Mr. Chairman, I offer We also know, of course, that the lems, and Congress must be an active partici- an amendment. President in his State of the Union Ad- pant. The Clerk read as follows: dress here, the address that attempted Iran presents our Chamber with the oppor- Amendment offered by Mr. HINCHEY: to justify by presenting false informa- tunity to right past wrongs, and to assume the At the end of the bill (before the short tion to the Congress, attempted to jus- responsibility for oversight and management title) insert the following: tify the attack on Iraq, associated Iraq that we tragically abandoned in the months TITLE X—ADDITIONAL GENERAL with the phrase ‘‘axis of evil’’ with two leading up to our invasion of Iraq. PROVISIONS other countries, North Korea and Iran. Mr. YOUNG of Florida. Mr. Chair- SEC. 10001. None of the funds made avail- We now learn that there are discus- man, I rise in opposition to the amend- able in this Act may be used to initiate mili- sions within the administration for a ment. tary operations against Iran except in ac- potential attack on Iran. And in the I read the amendment about Iran, cordance with Article I, Section 8 of the Con- context of those discussions, it has also but I heard the debate about Iraq. The stitution of the United States. been suggested that the administration gentleman’s debate made it appear Mr. HINCHEY. Mr. Chairman, the has the authority to engage in such an that we just indiscriminately decided background is obvious and well known attack based upon the vote that was to attack Iraq. to all of us. The fact of the matter is taken here to authorize the attack on I would remind the gentleman that we are now living in a moment which is Iraq based upon falsified, misleading there were not only United Nations among the most difficult and dan- information, information that was pre- resolutions dealing with the issue of gerous periods in the modern history of sented to us intentionally falsified and Iraq, but there was also an over- our country. It came about as a result misleading. whelming vote in the House and in the of the administration sending our mili- So the purpose of this amendment is Senate to authorize the President to tary to attack Iraq. There was no jus- to make sure that none of the funding take whatever military action was nec- tification, certainly no adequate jus- in this defense appropriations bill is essary. tification, for that attack. The ration- used to engage in any military oper- He talked about Iraq, and so I want ale for doing so as it was presented to ation against Iran without a full vote to talk about Iraq. I want to talk about the Congress was falsified, unjustified. of the Congress of the United States in the June 25, 1996, bombing of Khobar I think that we all see that today very accordance with the Constitution of Towers in Saudi Arabia. We were not in clearly. the United States. Iraq, nowhere near Iraq. Khobar Tow- The consequences of that action are It is a very simple, very straight- ers was bombed, and 19 of our airmen afflicting our country very decidedly. forward amendment, and I hope that who were living there lost their lives. We have now lost 4,500 American serv- this Congress will live up to its obliga- In August of 1998, our embassies in icemen and women killed, tens of thou- tions and this House of Representatives Kenya and Tanzania were bombed with sands others very seriously wounded. in accordance with its responsibilities a loss of life, including Americans. And The dollar cost to our country is now will pass the amendment. by the way, we were not in Iraq or Af- approximately $400 billion. By the end While our Chamber is on track to complete ghanistan for that matter. of this year it is anticipated to be $450 another lightning round of spending bills dur- October 12, 2000, the USS Cole off- billion. ing this appropriations cycle, we have abdi- shore of Yemen was bombed by terror- The costs to Iraq are even more se- cated our oversight responsibilities across the ists, and 17 sailors lost their lives, and vere. The loss of life in that country board in the process. We are writing blank many others were seriously injured. may be as many as 100,000 people. Cir- checks for bankrupt foreign policies without And then there was September 11, cumstances of life in that country are having sufficiently robust debate on the admin- and I don’t have to explain what hap- worse than they were 3 years ago when istration’s actions abroad. pened there because everyone knows

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.076 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4301 what happened there. It was the Pearl in the Constitution of the United this United States Congress. This Harbor of this century. States. We want to make sure that we would not tie the hands of the Presi- So what does that have to do with protect the Constitution.’’ dent in any way that isn’t tied by the Iraq? Information continues to be un- Majority Mr. Leader BOEHNER said: Constitution of the United States. If covered where Saddam Hussein, who ‘‘Every 2 years I stand in the well of there was an imminent attack, if they was the dictator of Iraq until we re- the House and raise my right hand and had a missile on the pad and they were moved him, Saddam Hussein had con- swear to uphold and defend the Con- fueling it up to shoot at the United tacts with the terrorists of different stitution.’’ States of America, with a nuclear stripes, not only al Qaeda, but other So there is a new-found and growing weapon on it, the President would have terrorists. And that’s why, and Con- respect on that side of the aisle for the authority to repel a sudden attack. But gress reacted to that, and Congress ap- Constitution. Unfortunately, all of if they are contemplating a preemptive proved the President making whatever that umbrage was about a search with or preventative or whatever they want military move he thought was nec- a warrant of a Member’s office, a Mem- to call it war, similar to the one essary. So that goes to the issue of the ber of Congress who had $90,000 cold launched under false pretenses in Iraq, gentleman’s debate on the Iran amend- cash in his freezer. then they should come and make the ment relative to his comment about Now I don’t agree with their concerns case to the people’s House, the United Iraq. and don’t feel that it is an abrogation States House of Representatives, and The vote on the Iraq resolution was of the Constitution, but I do feel that to the Senate and get the legal author- 296–133. That is a pretty sizable major- ceding our war powers is. ity in order to conduct those actions. ity. In the case of Iraq, the United States So I would urge our colleagues to I have a copy of the Constitution. Congress, I believe, unconstitutionally stand up for our constitutional rights Section 8 of Article I is a very long ar- ceded its authority. We didn’t declare here in the United States House of Rep- ticle, a very long section, and I am not war, we just said the President should resentatives. I know it is a lot easier to sure which provision in here that the do whatever he wanted, whenever he have plausible deniability sometimes gentleman’s amendment is talking wanted, however he wanted. And it and give the President a broad grant of about unless it gets down to the part of hasn’t worked out real well. authority; and if in the end it is section 8 that says to declare war. I as- Article I, section 8, is quite specific skewed, then you can say, they really sume that is what he is talking about. about the authorities reserved for the didn’t exactly tell us the right stuff To declare war in today’s world, pre- Congress. They were worried, the when they launched that war. It would vious wars you had a little time. Even Founders were worried, about the wont be better for us to be very clear about after Pearl Harbor, we had time to re- of kings to engage in foreign adven- the delineation of these authorities, cover and react. Today’s world you tures, so they wanted to restrain the and the House should approve this don’t have that. So I would think you king and retain the authority to raise amendment. would want to be very, very careful the armies, fund the armies, and de- The CHAIRMAN. The question is on about tying the hands of this Congress clare war to the Congress. the amendment offered by the gen- in authorizing whatever was needed to They are very clear in Article II, sec- tleman from New York (Mr. HINCHEY). defend and support the United States tion 2, which says, ‘‘The President The question was taken; and the and the security of the American peo- shall be the Commander in Chief of the Chairman announced that the noes ap- ple. Army and Navy, and of the Militia of peared to have it. I do not want another September 11 the several States, when called into ac- Mr. HINCHEY. Mr. Chairman, I de- on my hands. I don’t want something tual service of the United States.’’ mand a recorded vote. The CHAIRMAN. Pursuant to clause else to happen that is going to kill in- That is, the President had the author- 6 of rule XVIII, further proceedings on nocent Americans, and then have peo- ity to repel sudden attacks, but not the amendment offered by the gen- ple come to me and say, Why didn’t launch a offensive military actions tleman from New York will be post- you do something about it? Why without a declaration of war. poned. weren’t you prepared for it? Why did Now, unfortunately, Mr. Gonzales, you have to wait and go through all of the President’s former counsel, now AMENDMENT OFFERED BY MR. FLAKE the political charades? head of the Justice Department, the Mr. FLAKE. Mr. Chairman, I offer an I don’t think that the American peo- Attorney General, has said he finds amendment. The Clerk read as follows: ple would be very, very happy with this new inherent powers in the President Congress if we didn’t take every step Amendment offered by Mr. FLAKE: in times of war, and he says the Presi- At the end of the bill (before the short necessary to prevent another aircraft dent has constitutional authority as title), insert the following: hijacking and flying into the World Commander in Chief, as the sole organ TITLE X—ADDITIONAL GENERAL Trade Center or something similar, or of the Federal Government in foreign PROVISIONS hijacking an airplane that landed in affairs, to deploy the Armed Forces of SEC. 10001. None of the funds made avail- Pennsylvania or at the Pentagon. I the United States. A formal declara- able in this Act may be used for the Illinois think we better think very carefully tion of war or other authorization from Technology Transition Center. before we, on an appropriations bill, the Congress is not required to enable Mr. FLAKE. Mr. Chairman, my make a major decision like this. the President to undertake the full amendment would prohibit funds in Mr. DEFAZIO. Mr. Chairman, I move range of actions. this bill from being used for the Illinois to strike the last word. This is a total denial of all previous Technology Transition Center, which Just to remember, Khobar Towers, of jurisprudence of the writings around receives $2.5 million in this legislation. course, was perpetrated by Saudi Ara- the Constitutional Convention and ba- The Illinois Technology Transition bians. The Cole and the embassies were sically rendering Congress meaning- Center’s objective is to stimulate en- attacked by al Qaeda, which was based less. terprise growth by helping technology in Afghanistan, led by Osama bin Now, in this House we did have a companies realize their commercial po- Laden, who is still at large and still proud moment after 9/11. On September tential. The center offers entrepre- based in Afghanistan or Pakistan. But 14, we voted with near unanimity, one neurial services, technology transition I am not going to revisit the debate of person dissenting, to go after, essen- support, and commercialization sup- last week about Iraq. tially a declaration of war against the port. What we are going to talk about here Taliban, the perpetrators of 9/11, al Again, this is a defense bill, yet we is the Constitution and the authority Qaeda, and Osama bin Laden. are offering this funding. of the United States Congress. There I support the technology center. I en- seems to be a new-found respect for b 1945 courage growth in it. I think all of us that among the Republican leadership, Now that was a proud moment. And do. It is a great source of entrepreneur- and I appreciate that. we should look back to that, and we ship and innovation. Recently Speaker HASTERT said: ‘‘We should retain those authorities, and we The United States has the largest need to protect the division of powers should safeguard those authorities to and most technologically powerful

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.180 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4302 CONGRESSIONAL RECORD — HOUSE June 20, 2006 economy in the world. Technological And the answer to your question exist in central Illinois because in my progress is responsible for one-half of about Iraq is that one of the tech- district people worked at Caterpillar the growth of the U.S. economy. nologies that is being developed is for years and worked in other indus- Competition is a driving force in this being developed in my hometown of Pe- tries for years. This is the kind of innovation. We all know that free mar- oria by a company called Firefly. And thing that creates opportunities and kets flourish when there is less govern- they are developing a revolutionary jobs and could not come about without ment involvement. battery that will have the opportunity a collaboration between the Defense I am all for seeing the technology to withstand huge amounts of heat and Department and this company that ex- sector in Illinois grow, just as I do hope not become the kind of traditional bat- ists in my district. that it grows in Arizona or any other teries that are currently used. The CHAIRMAN. The time of the State. Now, this would not have been able gentleman from Illinois (Mr. LAHOOD) However, in this defense bill the to come about if it hadn’t been the col- has expired. American taxpayers are being asked to laboration of a private business and the (By unanimous consent, Mr. LAHOOD pay for support services for the private Federal Government coming together was allowed to proceed for 2 additional sector. I don’t think that that is appro- in a collaboration. minutes.) priate in a defense bill. So are some of the technologies that Mr. LAHOOD. This kind of collabora- Our troops are fighting insurgents in are being developed in this center tion could not come about, and these Iraq and Afghanistan. We ought to be being used in Iraq? The answer is yes, jobs, very few at this point, but an op- spending money in the defense bill on they are. portunity for expansion. equipment, on helmets, on body armor, So the point is that there are many And the truth is, the reason that the on other things, rather than sub- innovative approaches that are being Speaker asked for this kind of set-aside sidizing the technological center in one taken here. And this kind of collabora- is because it helps all of us in Illinois. particular State. tion really takes the smart ideas that It creates not only opportunities in I should note I believe the Illinois people in the private sector are using central Illinois but all over the State, Technology Transition Center was es- and trying to develop them with the and it does give hope and opportunity tablished by a contract with the De- public sector. And some revolutionary to people that there are going to be in- partment of the Navy, the Office of things have really come about. And I novative approaches and people can Naval Research, in 2005. But it is also could name at least six or eight of think outside the box and they can col- my understanding that the Office of them, but this is an opportunity for the laborate. Naval Research did not request this private sector to take the lion’s share I yield to the gentleman if he has a earmark for $2.5 million in funding. of the money and collaborate with the question; or if he would like to with- With that, I request support for the public sector. draw the amendment, I would certainly amendment. Many of these innovative approaches entertain that. Mr. LAHOOD. Mr. Chairman, I ask to are being requested by the Defense De- Mr. FLAKE. I would not like to with- have the opportunity to speak against partment. Try them out, test them draw the amendment. I would simply the amendment. out, see if they work, and then send say, and I thank the gentleman for I wonder if the gentleman would take them out to the private sector to be yielding, this is the private sector. I a question. Mr. FLAKE. You bet. funded. And some of these could not would submit that companies in Phoe- Mr. LAHOOD. Do you know who ear- come about without this center. They nix and in St. Louis and in a number of marked this money? would not come about without this cities and centers around the country Mr. FLAKE. I was told by a reporter center. are facing difficulties and are having this morning who it might be. That So I wish the gentleman would have drawdowns, or technology is shifting. was the first time I learned it after I looked into this a little bit further, and The world economy is shifting. had already agreed to offer it. I wish he would appreciate the idea But we can’t simply at any time like Mr. LAHOOD. And the answer to my that what is being developed here could this say, all right, we are going to give question is? not be developed without the oppor- an earmark to that industry or to that Mr. FLAKE. I was told that it was tunity for the public and private sector region. If we do that, there is simply the Speaker who offered it. to work together. not enough money in the Federal budg- Mr. LAHOOD. And so when you were This is an appropriate appropriation et. There is not enough money in the told that, did you think that maybe for the defense bill. That is why it is Federal budget to do what we are you might look into the earmark to see not in any other bill. And it is appro- doing. We are in a deficit. if it had merit and to see if it was a priate, because many of the things that Mr. LAHOOD. I agree with that, Mr. set-aside that might merit further con- are being tested, many of the innova- FLAKE. And that is the reason that this sideration? tive approaches will be used by the De- opportunity exists. Mr. FLAKE. Well, seeing that I had fense Department. It is not a significant amount of already agreed to offer it, I thought Now, I don’t know if the Department money. When you look at the overall that had I agreed to pull back now, I of the Navy requested this or not. I defense budget, this is an insignificant would be looked to favoring one par- don’t know the answer to that. But I amount of money in terms of what it ticularly powerful Member of my know that some of the innovative ap- does in terms of the expansion of jobs, party. proaches have been requested. the expansion of ideas, the expansion of Mr. LAHOOD. The Illinois Tech- The company that I mentioned, Fire- technology, and it does create hope and nology Transition Center is a public- fly, is in direct collaboration with the opportunity for people who really want private collaboration between aca- Defense Department on a regular basis. to do business with the Federal Gov- demia, industry, and government. It And they did ask for Firefly to help ernment and have opportunities for collaborates with the Department of them develop this. Eventually Firefly creating new opportunities for people. Defense, and it has identified innova- will be spending all of the money, and And listen to me, this is a no-brainer. tive technology applications that meet hopefully, what will happen is that And I hope that we can get the House, DOD mission requirements and strives once the battery is in full development, when we come back in to vote on this to take technology from the laboratory it will create jobs in central Illinois, in amendment, to vote down this amend- to use by DOD within 12 to 18 months. my district. ment. This is a very, very good tech- This is an extraordinary opportunity And when people say to me, Con- nology center and it has created lots of for the public and the private to come gressman, what are you going to do opportunities for many, many people. together. The lion’s share of the money about the erosion of the industrial And I urge the House to vote against that funds this is private dollars. It is base? It is to think outside the box. It the Flake amendment. not Federal dollars. It comes from peo- is to take smart people to get them to The CHAIRMAN. The question is on ple who have businesses and people who think outside the box to create oppor- the amendment offered by the gen- want to invest in smart people and tunities that eventually will create tleman from Arizona (Mr. FLAKE). smart ideas. jobs that no one ever thought could The amendment was rejected.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.184 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4303 AMENDMENT OFFERED BY MR. HINCHEY fortunate development of media con- That is according to the L.A. Times of Mr. HINCHEY. Mr. Chairman, I offer solidation, the boundaries between November 30, 2005. an amendment. international and domestic news are There has been much controversy The Clerk read as follows: increasingly fuzzy. There is no guar- over the Pentagon’s dissemination of Amendment offered by Mr. HINCHEY: antee that articles sold by the Lincoln propaganda to foreign media outlets. At the end of the bill (before the short Group to the Iraqi press will exist We appear hypocritical when on one title), insert the following: alone, in a bubble, ignored by other hand we advocate democracy and free- TITLE X—ADDITIONAL GENERAL media outlets. There is an ever-increas- dom in Iraq, including freedom of the PROVISIONS ing likelihood that these stories will press, and on the other hand, we ma- SEC. 10001. None of the funds made avail- able in this Act may be used for any contract make their way into our media, which nipulate the Iraqi press to achieve our with the communications and public rela- directly contradicts our own laws. own aims. This hypocrisy not only tions firm known as the Lincoln Group. These reports are strangely similar damages the United States’ reputation Mr. HINCHEY. Mr. Chairman, late to stories that we were seeing here in abroad, but it places our soldiers in last year a number of American news the United States last year about the greater harm’s way when we come to agencies blew the cover off a covert administration’s developing packaged believe our own propaganda. propaganda operation pursued by the news articles that they paid to have Yet the contract with Lincoln also Department of Defense in Iraq. placed in our own news outlets. I want goes beyond this controversy and is Through this operation, members of to know if the Lincoln Group effort is symptomatic of the familiar problems our Armed Forces write articles and a continuation of that behavior, which with the Pentagon’s use of private con- have them planted in Iraqi newspapers. was strongly condemned by this House. tractors in the war: waste, fraud, and They also engage with private contrac- The program appears to violate a di- abuse. tors to do that as well. rective that was signed by Secretary The Lincoln Group earned its Pen- DOD works with a contractor, the Rumsfeld on October 30, 2003, which re- tagon contracts partially by misrepre- Lincoln Group, who actually pays off stricts psychological operations, or senting its contacts to the Pentagon. Iraqi journalists and publications to PSYOPS, from targeting American au- The group has claimed to have partner- get their words printed in Iraqi news- diences, military personnel, and news ships with major media and advertising papers and other media. agencies or outlets. DOD’s decision to companies, former government offi- According to a November 30 Los An- continue this effort in one country cials and former military officers. Ac- geles Times report, many of the arti- could easily lead to a decision to ex- cording to the New York Times, some cles are presented in the Iraqi press as pand the effort to other countries, a of those companies and individuals say unbiased news accounts written and re- wholly inappropriate idea that is very their associations were fleeting or even ported by independent journalists. The plausible in the current environment. nonexistent. For example, Lincoln stories trumpet the work of U.S. and That needs to be stopped. Group said that it worked with the ad Iraqi troops, denounce insurgents, and And DOD is conducting this program conglomerate Omnicom Group, but tout U.S.-led efforts to rebuild the with a company called the Lincoln Omnicom has no knowledge of such a country. Group, whose beginnings, current ac- relationship. By December 2005, the Lincoln Group tivities, and partnerships are cloaked The Lincoln Group has also run into had paid to plant upwards of 1,000 of in confusion and deception. This problems delivering on work for the these articles in the Iraqi and Arab amendment prevents the Department Pentagon. After earning a contract in media. I was shocked by this revela- of Defense from spending any of the 2004 to get Iraqi publications to run ar- tion, which is completely antithetical money it receives in this bill on con- ticles written by the U.S. military, to what we should really be doing in tracts with the Lincoln Group, its co- Lincoln admitted to the Pentagon that Iraq. In fact, it is completely antithet- conspirator in this inappropriate and it had not yet fully staffed and had not ical to what other U.S. agencies are damaging program. yet acquired necessary media moni- doing in Iraq. I believe this amendment will send a toring software. With one hand we are trying to de- clear signal to the Department of De- According to a former strategic ad- velop a free, fair and independent news fense that Congress and the American viser for the Lincoln Group, they, and media in that country. But with the public do not agree with this adminis- this is a quote, ‘‘The Lincoln Group ap- other, we are manipulating that media tration’s continued efforts to manipu- pear very professional on the surface; and breeding distrust among Iraqis of late the media, especially when those then you dig a little deeper and you their democratic institutions and our efforts jeopardize the safety of our find that they are pretty amateurish.’’ efforts at reconstruction. That distrust troops and the always shaky trust that Well, not only has this amateurish is a direct threat to our troops in Iraq we are fighting to maintain with the work come to this country, it has come and a direct impediment to efforts to Iraqi people. at a not-so-amateurish price of $100 end our involvement in Iraq. I urge my colleagues to support this million. It is also likely that the Lin- This revelation shocked a lot of peo- amendment. coln Group’s contract is in violation of ple across our country. Both Defense Mr. KUCINICH. Mr. Chairman, I a Pentagon directive and maybe even Secretary Rumsfeld and President move to strike the last word. in violation of U.S. law. Bush were reported as being concerned I rise in support of the Hinchey- A recently classified Pentagon direc- about the effort. In fact, National Se- Kucinich amendment, which would pro- tive, signed by Secretary Rumsfeld on curity Advisor Steven Hadley predicted hibit funds from being used in this bill October 30, 2003, prohibited U.S. troops that the program would soon end. to fund Pentagon contracts with the from conducting psychological oper- A USA Today-CNN Gallup poll taken Lincoln Group. ations targeting the news media. Ac- immediately after the program was ex- The Lincoln Group is a controversial cording to one senior Pentagon official, posed showed that nearly 75 percent of PR firm that has been awarded major based on the language of the 2003 direc- Americans thought it was wrong for Pentagon contracts, worth over $100 tive, the Lincoln Group operation the Pentagon to pay Iraqi newspapers million, to help the Pentagon covertly seemed to violate Pentagon policy. for made-up articles. place dozens of pro-U.S. stories, writ- In early March, General Casey an- That from the L.A. Times, January 7, ten by U.S. military ‘‘information op- nounced that an internal review con- 2006. erations’’ troops in Iraqi news outlets. While the Pentagon has initiated two ducted by DOD had concluded that its Lincoln would help write and translate investigations into the Lincoln Group’s own activities were legitimate and these stories and then have them work in relation to this directive, the would continue. Mr. Chairman, these efforts need re- placed in Iraqi newspapers, without re- group’s contract, get this, has not even consideration and careful scrutiny. vealing the Pentagon’s role. Staff for been temporarily suspended. Moreover, the Lincoln Group would even at times if the Pentagon’s dissemination of b 2000 pose as freelance reporters or adver- propaganda for Iraqi media is picked up With the Internet and the round-the- tising executives when delivering prop- by other foreign news organizations, clock news reporting, as well as the un- aganda stories to Iraqi media outlets. like Reuters, for example, it could then

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.186 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4304 CONGRESSIONAL RECORD — HOUSE June 20, 2006 easily be picked up by American news and take those blows, just sit back and sure the committee will continue to do organizations. Yet U.S. law has banned let the enemy throw all of the lies and so if necessary. And Deputy Secretary the Pentagon from propaganda activi- all of the trash that they want to at us of Defense Gordon England has in- ties in the United States since the mid- without fighting back? Not me. Not formed us on the Armed Services Com- 1970s. The Lincoln Group’s work could me. mittee that he is reviewing this matter be in violation of this law. Do not take away one of the tools in very closely. In the meantime, General Now, this is a question of tens of mil- our arsenal: the ability to fight back in Casey in Iraq and the Department of lion of dollars being misspent. It is also a psychological way, because fighting Defense inspector general are both in- a question of official deception, of a for the minds of the people involved are vestigating the use of funds by the Lin- real effort to try to fool the American a big part of our issue. coln Group and by the Rendon Group. people, to try to fool the people of Iraq, If you want to fire the Lincoln The results of the Casey investigation to try to fool the foreign press. Group, do it. If this amendment should are expected to be released in the near Our soldiers know what is going on in pass, and I hope that it does not, and future. Iraq. They know when they read these the Lincoln Group doesn’t get funded, I could only say on behalf of Chair- stories or the stories come to them of what is to say that they do not hire man HUNTER that the Armed Services a totally different situation than what some other firm to do the same thing? Committee will continue to monitor they are living with. They know it is a Specifying a particular company is not closely and will take appropriate ac- lie. what we do in appropriations bills. We tion as needed. We should make our decisions in this do not specify companies for contracts I urge a ‘‘no’’ vote on this Congress based on the truth, not on fic- or projects. We just do not do that. If amendment. tion written by individuals who never you want to fire the Lincoln Group, put The CHAIRMAN. The question is on have to deal with the real reality. in an amendment that says fire the the amendment offered by the gen- Think of how unconscionable this is. Lincoln Group, but do not take away tleman from New York (Mr. HINCHEY). They reveal a garden in the Iraqi media one of the tools in our arsenal of fight- The question was taken; and the while our soldiers are in a desert of ing the battles that we have to fight. Chairman announced that the noes ap- hell. How wrong that is. Mr. SAXTON. Mr. Chairman, I move peared to have it. That is why the Hinchey-Kucinich to strike the last word. Mr. HINCHEY. Mr. Chairman, I de- amendment is important. That is why As I noted earlier today, Mr. Chair- mand a recorded vote. we must prohibit funds in this bill from man, Chairman HUNTER, who is chair- The CHAIRMAN. Pursuant to clause going to the Lincoln Group. man of the Armed Services Committee, 6 of rule XVIII, further proceedings on Mr. YOUNG of Florida. Mr. Chair- is not here today due to an important the amendment offered by the gen- man, I move to strike the last word. personal commitment, and he asked tleman from New York will be post- Mr. Chairman, this is not a good me to state his opposition to this poned. amendment at all. Earlier in the de- amendment. b 2015 bate earlier in the day, I said we should The issue of authorization and fund- not be tying our hands behind our back ing for public affairs and information AMENDMENT OFFERED BY MR. FLAKE with a specific amendment. This operations in Iraq has been monitored Mr. FLAKE. Mr. Chairman, I offer an amendment would disarm part of our and discussed by the Armed Services amendment. arsenal against the enemy. Committee to some length. Informa- The Clerk read as follows: If you do not like the Lincoln Group, tion operations are vital, as our good Amendment offered by Mr. FLAKE: I do not care about that because I have chairman from Florida just pointed At the end of the bill (before the short no idea who they are. And maybe they out. In Iraq the United States faces a title), insert the following: are amateurish, as my friend from Ohio determined enemy that attempts to TITLE X—ADDITIONAL GENERAL suggested. If that is the case, maybe we manipulate the media, often with the PROVISIONS ought to fire the Lincoln Group. But purpose of further endangering U.S. SEC. 10001. None of the funds made avail- let us not stop the ability of the United forces. Chairman HUNTER, in fact, has able in this Act may be used for the North- States and our story to be told to the pledged to hold hearings on this mat- west Manufacturing Initiative. Arab world. ter. Mr. FLAKE. Mr. Chairman, this You have a hard time turning on tel- But let me just point out, as Chair- amendment would prohibit funds in the evision and news stories around here man YOUNG just so eloquently stated, bill from being used for the Northwest that you do not see some of the propa- information dissemination on the bat- Manufacturing Initiative, which re- ganda from al Jazeera put out by tlefield and in the countries that are ceives $2.5 million in this defense bill. Zarqawi, the former Zarqawi, and his affected in a direct way by warfare What is the Northwest Manufac- cohorts. Those messages get spread all such as Iraq is extremely important. turing Initiative? Where is the money over the world. Earlier today we had that in mind going? To the northwest of what? Of In war, psychological war is very im- when Chairman YOUNG led us in opposi- the United States? Of Arizona? Of portant. Is anybody here old enough to tion to an amendment proposed by an- Washington, DC.? remember Tokyo Rose? Mr. HASTINGS other Member because of the message There is no description of this project says he is, and so am I. Tokyo Rose, it sent. Messages in Iraq and other in the committee report. It strikes me who broadcast radio propaganda to our countries torn by war are extremely again, why can’t Members get more in- troops, trying to demoralize them important. As a matter of fact, we de- formation on these projects before- every day, 24 hours a day. Well, are you vote a great deal of time, effort, and hand? We made calls to the Depart- going to just ignore that kind of war- money to train members of our mili- ment of Defense, which funds this ear- fare, or are you going to fight back? tary forces in operations called psycho- mark. They knew nothing. They didn’t We have a story to tell. Mr. KUCINICH logical operations. As a matter of fact, get back to us with anything. Calls talked about the soldiers. Let me tell we used them extensively during the were unanswered. We asked the Appro- you something. I have seen and talked invasion of Iraq, not through the con- priations Committee as well, and we with a lot of wounded soldiers and ma- tractor that is in question here, but couldn’t get anything from the Appro- rines in our hospitals right out here through our military personnel who priations Committee before we filed north of the city, and many of them are trained to do just that. The use of the amendment to be offered here. It complain, Why isn’t our story getting broadcast has traditionally been an im- was only after the amendment was told? They do not believe that our portant part of information operations filed that those who are sponsoring the story is getting told. They hear the as well. earmark called to tell us what the trash that comes out of al Qaeda on al So Chairman HUNTER and the rest of amendment is about. Jazeera that spreads out to all of the us on the Armed Services Committee It is the Northwest portion of the Arab worlds and finds its way back and the Defense Appropriations Com- United States, I come to understand, here to America, as the gentleman con- mittee have paid a lot of attention to and it is a manufacturing initiative, ceded. Are we just going to sit back this matter for many reasons. I am but we don’t know much else about it.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.188 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4305 A few of the Members have been kind from the Northwest who are part of My colleague talked about HemCon; enough to share with me today what this are here. he talked about another company, they are seeking to do. My under- But let me just say that I have been Danner Boots. I could name several standing is that businesses in the struck by, and one of the reasons I companies. There is another company, Northwest, particularly those that con- have been working on this for some Hydration, which allows you with a tract with the United States Govern- time is the ability of small companies membrane to fill water into this ment, the Department of Defense and that I work with to make a difference, CamelBak and give you clean drinking others, some are having difficulty, as and that we have great difficulty in water from the filthiest water you can they are in many parts of the country. terms of scaling and being able to help find. Those are the kind of companies. My question is, why in the defense them perform in this arena. These are small, innovative companies. bill are we offering help to manufac- In my district we have Danner Boots, This is where we get our innovation. turing companies in the Northwest? which far exceeds the capacity of the The Oregon Manufacturing Initiative What about the Southeast or the specifications that the Department of is a key component of the Oregon busi- Southwest? What about companies in Defense requests. Our soldiers would be ness plan and economic development Arizona or California or Colorado? Why safer. In fact, that is the boot of choice plans in communities across Oregon don’t they get similar treatment? How for people who have young men and and southwest Washington. Local, re- does the Federal Government decide, women going to Iraq. gional and State funding has been used We have had the same consortium de- all right, we are going to help manufac- to plan and develop the initiative. turing companies there, but not here? velop HemCon Bandages, which have an amazing capacity to accelerate the As manufacturing has declined in Again, we are picking winners and los- many parts of the Nation, it has be- ers here. It is not the job and should clotting. In fact, it is the consensus that our troops should all be provided come more urgent that small to me- not be the job of the Federal Govern- dium-sized companies are mobilized to ment. with this when they go overseas. We have got small companies that provide the necessary goods demanded I appreciate the fact there are Mem- are dealing with technology that oth- by a modern military and the Nation’s bers here willing to defend this amend- ers are going to speak to that I won’t security. Through the Northwest Man- ment. My good friend Mr. BLUMENAUER go into that are all a part of this con- ufacturing Initiative, the Defense De- is here to do so and others, and I appre- sortium. partment will have a one-stop resource ciate that. In this way we can actually Last but not least, the notion here is when it needs information on what have a dialogue. having skin in the game. Well, this is companies are providing to meet de- Again, sometimes this is the only matched by a 50 percent match by local fense needs or when it seeks critical oversight, the only explanation. This is sources. It is a public-private partner- manufacturing research and develop- it. This is all we get on some of these ship where we are not looking for ment. earmarks. I feel it is important when something that has dropped out of the The Northwest Manufacturing Initia- we are spending taxpayer dollars, par- sky, but is matched by the Federal tive is a regional model designed to ticularly $2.5 million in the defense Government. I think anybody who re- create efficiencies and cost savings. bill, that it is important to know what views this proposal will find that it is While I appreciate the intentions of the it is going for. So I am glad the authors cost-effective, that it is important for gentleman from Arizona, I must urge of the amendment are here, and I look the Defense Department, that it builds my colleagues to oppose this amend- forward to the explanation. on proven technologies and opportuni- ment and ask they support this worth- Mr. BLUMENAUER. Mr. Chairman, I ties and speaks to gaps that need to be while project. rise in opposition to the amendment. filled, and will have application not Mr. BAIRD. Mr. Chairman, I move to Mr. Chairman, I welcome the gentle- just for the Department of Defense, but man’s opportunity to engage in what, strike the last word. for others that work to serve it. Mr. Chairman, I appreciate the in- in fact, the proposal is about, because So, in the interest of time, I will con- there was a rather detailed proposal tent of the gentleman from Arizona, clude on that point and invite anybody but I rise to join my colleagues in ex- that was extended to the Defense Ap- to look at this proposal that has been propriations Subcommittee. It is co- plaining why this is so important. offered by my colleagues from the We have talked about boots, we have sponsored by the entire House delega- Northwest. I think they will be satis- tion, 10 Northwest Representatives and talked about hydration systems. This fied that there will be full value of- same coalition is involved with making Senators, a bipartisan effort, and it is fered, and it is worthy of support. some of the finest combat knives in the dealing with the need to be able to Ms. HOOLEY. Mr. Chairman, I move world; laser sights, laser devices that have a bistate program to help support to strike the last word. a strong defense industrial base. Mr. Chairman, I rise today in opposi- can help protect aviation or even pos- It contributes directly to our na- tion to the amendment offered by the sibly one day shoot down missiles; ad- tional defense. We have outlined how it gentleman from Arizona to strike the hesive armor, to up-armor Humvees in helps in terms of providing research funding for the Northwest Manufac- 4 hours to save our soldiers’ lives. and development on the reliability, turing Initiative. The gentleman from Arizona said we cost-effectiveness and environmental The Northwest Manufacturing Initia- don’t pick winners and losers. In fact, performance of products designed spe- tive encompasses Oregon and south- we do. If you vote against this provi- cifically for the defense marketplace. west Washington. The initiative is or- sion and for your amendment, you will It increases the ability to deal with ganized as a regional coalition, and its pick our soldiers as losers. This is workforce, to provide the products, to purpose is to make the Northwest re- about providing resources to help small expand the reach of high-performance gion’s diverse manufacturing sector a businesses and medium-sized busi- manufacturing techniques, and create stronger contributor to the Nation’s nesses get state-of-the-art equipment more efficient and competitive compa- defense and national security. to our soldiers. nies in the defense sector, and to build The initiative seeks to provide to the I don’t know if you have had the oc- the capacity of small and medium-sized Defense Department a coordinated, re- casion to meet with a midsized growing companies to participate in this mar- gional resource for assessing products business that makes this kind of equip- ketplace. and services being offered by the pri- ment, but talking to them and the This is precisely the sort of thing vate sector that meets our Nation’s fu- challenges they face in working with that I think we would want to have to ture defense needs. A key goal of the defense procurement proposals, defense help the defense opportunities, not just initiative is to increase the contribu- procurement procedures and other in the Pacific Northwest, but to be able tion of the Northwest coast to the Na- needs are very difficult challenges. I to scale it and take it in other parts of tion’s industrial preparedness and secu- think it is entirely appropriate that the country. rity. A focus of this project is to assist the Federal Government participate in I could go on at great length. I will small and medium-sized manufacturers this, along with the match that was de- not, because I have been admonished to become providers of products to de- scribed earlier, because this is a pro- that time is short and because others fense contractors. gram that could well be a model for the

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.193 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4306 CONGRESSIONAL RECORD — HOUSE June 20, 2006 country, that will produce more effec- the technology to quickly detect severe blood AMENDMENT OFFERED BY MR. FLAKE tive business results and better prod- loss or internal bleeding. There is no doubt in Mr. FLAKE. Mr. Chairman, I offer an ucts for our soldiers. my mind that these technologies have and will amendment. One final statement I would just save the lives of Americans at home and The Clerk read as follows: make: We talk in this body a lot about abroad. Amendment offered by Mr. FLAKE: dynamic scoring of tax cuts. There is Another company, InSport, is ensuring that At the end of the bill (before the short title), insert the following: also dynamic scoring of expenditures. I our service members have the best products would submit to the gentleman from TITLE X—ADDITIONAL GENERAL available in combat. InSport has developed PROVISIONS Arizona and to all my colleagues that base layer t-shirts for our military that resist for a small amount of money, we are SEC. 10001. None of the funds made avail- the build up of bacteria that adversely affects able in this Act may be used for the Lewis going to stimulate manufacturing of performance on the battlefield. Center for Education Research. state-of-the-art devices and equipment Yet, despite these innovative companies, Mr. FLAKE. Mr. Chairman, this that will save our soldiers’ lives and challenges remain. Many small defense com- amendment would prevent any funding save this government money over the panies, especially those in manufacturing, from going to the Lewis Center for long run. have trouble finding skilled workers. Educational Research in Apple Valley, This is a good proposal, an innova- The NMI will help train manufacturing work- tive proposal, and good products that California. ers and increase participation of innovative Mr. Chairman, the Lewis Center has will save the lives of our soldiers will companies. It will allow an entire region’s com- hosted more than 100,000 students, result from it. I urge a ‘‘no’’ vote on panies to learn from each other, and more Or- teachers, and parents participating in this amendment. egonians to learn to earn. educational activities. The center’s Mr. DEFAZIO. Mr. Chairman, I move More importantly, it will save the Depart- Web site contains a wish list for fund- to strike the last word. ment of Defense, DOD, time and money by Mr. Chairman, again, this is about ing for three log cabins for third grad- making these manufacturers more efficient public-private partnerships. It is about ers, an amphitheater, a schoolhouse and competitive and, consequently, able to cost-effective and innovative produc- shed, a large water wheel for panning provide better and less expensive products. tion. The large defense manufacturers gold during the gold rush educational Mr. Chairman, I support the Northwest Man- are not exactly known as paragons of fourth grade outreach program, and ufacturing Initiative and I urge my colleagues innovation or cost-effectiveness, so di- similar activities to that. versifying into the small and midsized to oppose this amendment. Mr. Chairman, these are undoubtedly The CHAIRMAN. The question is on businesses in the Pacific Northwest is a worthy educational tools. My question the amendment offered by the gen- great investment for the Federal tax- is this: Why are Federal tax dollars in- tleman from Arizona (Mr. FLAKE). payers, and we are providing vital tended for our national defense being The question was taken; and the products to our troops. Hydration tech- used to fund this type of institution? It Chairman announced that the noes ap- nologies was already mentioned, based seems that corporate sponsors of the peared to have it. in my district. Body armor is produced center abound, including corporations Mr. FLAKE. Mr. Chairman, I demand in my district. We have a stealth boat like JPL, Allied Signal, Boeing, a recorded vote. manufacturer, missile silos up in DAR- Verizon, Lucent Technologies, Lomac The CHAIRMAN. Pursuant to clause LENE’s district. These are all members Information System, Mitsubishi, RFG, 6 of rule XVIII, further proceedings on of the coalition. Night vision goggles, Rockwell Rocketdyne Aerospace. Sure- the amendment offered by the gen- critical to our troops. ly these donations can keep the center So if you support cost-effective, inno- tleman from Arizona will be postponed. in good stead. vative and effective equipment for our AMENDMENT OFFERED BY MS. NORTON The center has already received $3 troops, you will oppose this amend- Ms. NORTON. Mr. Chairman, I offer million in earmarked funds in fiscal ment and support the initiative. an amendment. year 2004 and an additional $2.5 million Mr. WU. Mr. Chairman, I rise in strong op- The Clerk read as follows: in 2005. It looks as if the center is back position to the amendment offered by the gen- Amendment offered by Ms. NORTON: for more in this bill to the tune of $4 tleman from Arizona seeking to cut all $2.5 At the end of the bill (before the short million. million for the Northwest Manufacturing Initia- title), insert the following: The description of the earmark in tive, NMI. TITLE X—ADDITIONAL GENERAL this bill provides no detail on how the I, along with all members of Oregon’s bipar- PROVISIONS $4 million is to be spent on the Lewis tisan House and Senate delegation as well as SEC. 1001. Center. If there is a defense angle for House and Senate members from Wash- None of the funds made available in this Act this earmark, I am simply not seeing ington, asked for funding for NMI because of may be used to enter into or carry out a con- it. Again, it seems as if we are debating its goal to improve the Department of De- tract for the performance by a contractor of the Labor-HHS bill at this point or any base operation support service at Walter some other education bill and not the fense’s industrial base by strengthening the Reed Army Medical Hospital pursuant to the Northwest’s diverse, value-added manufac- public-private competition conducted under defense bill. These may well be worthy turing sector. Office of Management and Budget Circular programs, but should we be funding Through research and development to en- A–76 that was initiated on June 13, 2000, and them with defense dollars? hance the reliability, cost effectiveness and that has the solicitation number DADA 10– I would like to hear justification for performance of defense related products and 03–R–0001. the Federal defense function in this through increasing our ability to train and de- Ms. NORTON. Mr. Chairman, this case. Again, why are we doing this in liver work-ready employees to defense related amendment concerns the Walter Reed the defense bill? These are clearly edu- manufacturing companies, NMI will increase Army Medical Hospital. cational functions. Why should we be and improve the contributions of Northwest Mr. MURTHA. Mr. Chairman, if the taking money that could be spent for companies to the nation’s industrial prepared- gentlewoman will yield, we have no the troops and for the operations in the ness and security. problem with the amendment on our military for things like this? We have seen what innovative and cutting side. Mr. MURTHA. Mr. Chairman, I rise edge technologies can come out of the North- Mr. FRELINGHUYSEN. Mr. Chair- in opposition to the amendment and west to benefit our military: man, we are pleased to accept the ask for a ‘‘no’’ vote. HemCon, located in my Congressional dis- amendment. Mr. FRELINGHUYSEN. Mr. Chair- trict, has developed a new bandage tech- Ms. NORTON. Mr. Chairman, I thank man, earlier this evening Mr. LEWIS nology that has already saved the lives of doz- both gentlemen for accepting my talked extensively in support of ens of U.S. soldiers in Iraq and Afghanistan. amendment. projects and made I think the relation- In fact, the Army Surgeon General has re- ship between education for our young- 2030 quested that every soldier deployed to a com- b sters in math and science and the work bat zone carry a HemCon Bandage in their The CHAIRMAN. The question is on of the U.S. Department of Defense, and first-aid kit. the amendment offered by the gentle- I believe that his comments are on the Similarly, through work being done at woman from the District of Columbia. record and I would like to resubmit iSense in my district, military doctors will have The amendment was agreed to. them in case they are not.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.195 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4307 Mr. LEWIS of California. Mr. Chairman, I The Clerk read as follows: The CHAIRMAN. The question is on welcome the opportunity to inform my col- Amendment offered by Mr. FLAKE: the amendment offered by the gen- leagues on the excellent programs put to- At the end of the bill (before the short tleman from Arizona (Mr. FLAKE). gether by the Center for Education Research title), insert the following: The amendment was rejected. in Apple Valley, California. TITLE X—ADDITIONAL GENERAL Mr. FRELINGHUYSEN. Mr. Chair- First, it is important to remember that the PROVISIONS man, I move to strike the last word. 21st Century Department of Defense is much SEC. 10001. None of the funds made avail- And to clarify Ms. NORTON’s amend- more than weapons programs and soldiers in able in this Act may be used for the Ad- ment, I should have added to it besides barracks. Tens of thousands of our dedicated vanced Law Enforcement Rapid Response we were pleased to accept her amend- men and women in uniform have made a life- Training Program (ALERRT). ment, and the committee looks forward long career of defending their nation. They Mr. FLAKE. Mr. Chairman, this to working with her and the Armed now have families, and it has become our re- amendment would prevent funding Services Committee towards its objec- sponsibility to provide for those families as from going to the Advanced Law En- tive. they move about our nation to meet the needs forcement Rapid Response Training Ms. JACKSON-LEE of Texas. Mr. of our military. Program, or ALERRT program, at Chairman, I move to strike the last Many schools that serve the children of mili- Texas State University in San Marcos, word. tary families have developed high standards of Texas. Let me say that I started out this de- excellence. But not all schools in all places The ALERRT program, as it is bate when I raised the question regard- have met these standards in the past. As the called, provides training for first re- ing the compensation of our soldiers DoD worked to translate these high standards sponders and police officer. It would with my appreciation for both Mr. to other schools, the Center for Education Re- appear that this is not the first ear- MURTHA and Mr. YOUNG. I continue search came forward with a proposed dis- mark appropriated to Texas State Uni- that appreciation because this is a very cipline for science nearly a decade ago. versity for the ALERRT program. Evi- difficult challenge to appropriate funds The heart of this program is the Goldstone- dently, the program has received for a myriad of issues on the Defense Apple Valley Radio Telescope curriculum, $300,000 in the past; now it needs an- Department, including addressing ques- which allows 10,000 students around the other $1 million. tions of humanity, if you will, per- world to take part in NASA research projects I am all for the training of our police sonnel issues, issues dealing with com- by way of the Internet. This program now officers, although it is primarily a bat stress, medical issues dealing with reaches students and teachers in 27 states, function of State and local govern- the research on prosthetics. 14 countries and three territories. ments. However, I understand the Fed- I rise today to discuss an issue that is I want to emphasize that the support of eral Departments of Justice and Home- enormously important to me. It might these students is valued and sought out by land Security grants go toward law en- be that I am a child of the Vietnam NASA researchers. In fact, the students’ ef- forcement agencies. In the defense ap- War and many of my fellow contem- forts have in many cases saved millions of propriations bill why is this a vehicle poraries, my friends, male friends, dollars for Federal science programs by free- for funding for law enforcement train- went off to this war. Some did not ing top researchers from process work and al- ing? Are we not adequately training come back. And I am reminded of the lowing them to do more analysis. our military troops at our Defense De- simple honor that was given the fami- The Center for Excellence was asked last partment facilities? Do we now need to lies as these fallen soldiers came home year to create a comprehensive Internet-based send them to this law enforcement to the American soil. science curriculum and train 500 teachers by training center? If this is the case, I I am reminded also of the visit that the Department of Defense Education Activity would submit that we ought to hold President Ronald Reagan made when program, which is the primary agency helping some hearings on the subject. I should he went to Dover Air Force Base to re- our DoD schools achieve high levels of excel- note that the President did not request ceive the fallen soldiers from the explo- lence. The Stars and Stripes newspaper, and this money. sion in Lebanon. What a moving ex- even DoDEA itself, have featured this program I would submit that it is time for pression to see that. As they first in stories that highlight what we are trying to Congress to be a little more attentive touched American soil, we were there do for our military families. to how we are spending and ear- to say thank you. So I rise to discuss In conclusion, Mr. Chairman, I once again marking valuable defense dollars. an amendment that simply would have want to point out that not all good ideas come Again, we have other appropriations allowed the option of arrival cere- through the bureaucracies that oversee spend- bills, and homeland security certainly monies to be presented for our deceased ing for our federal government. Often those comes up here. This is a function of military personnel returning to or de- bureaucracies hold back ideas that could training local police officers or others parting from Ramstein Air Force Base quickly and dramatically advance the quality of for a local police function. We have or Dover Air Force Base. In particular, services we provide to our constituents—and scarce defense dollars, and we I think the focus would be for those in this case—the families of those who defend shouldn’t be spending them in this coming to Dover Air Force Base where us. way. I hope that we will vote for this many families come to greet their When this happens, these programs need amendment and keep the funding for loved ones. an advocate who can get the agency to en- defense in defense. My amendment does not in any way gage, and see the value of these ideas. I am Mr. YOUNG of Florida. Mr. Chair- or the amendment would not in any proud to be an advocate for a program that man, I am opposed to the amendment. way have banned or eliminated the ban continues to help tens of thousands of kids The type of warfare that we are in- on media coverage of arrival cere- whose parents devote their lives to protecting volved in now is different than army- monies at this time on any returning our nation. against-army or squad-against-squad individuals fallen who have come from The CHAIRMAN. The question is on and actually is an urban type of war- overseas. By continuing the ban on the amendment offered by the gen- fare street-by-street, and seeking out media, I believe it appropriately ad- tleman from Arizona (Mr. FLAKE). individuals who may be in hiding. Law dressed the question and the sensitive The question was taken; and the enforcement does this extremely well. question of the privacy of families. Chairman announced that the noes ap- The FBI or the local police or these But I do note that many come with peared to have it. folks, they do a really good job at this the resolve that their fallen soldier is Mr. FLAKE. Mr. Chairman, I demand because that is what they do, seek out truly a hero. And because of that, they a recorded vote. criminals. It is probably a pretty good deserve an arrival ceremony with The CHAIRMAN. Pursuant to clause idea that we give our military troops America acknowledging that that fall- 6 of rule XVIII, further proceedings on some training from experts who really en soldier is truly a hero and it is all the amendment offered by the gen- know something about how to do this together fitting and proper that there tleman from Arizona will be postponed. street-by-street seeking out terrorists be a pause and a remembrance when AMENDMENT OFFERED BY MR. FLAKE who are in hiding. So I think it does the remains of an American freedom Mr. FLAKE. Mr. Chairman, I offer an have a military application and I am fighter are returned to the land they amendment. opposed to the amendment. gave their bodies to defend.

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.078 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4308 CONGRESSIONAL RECORD — HOUSE June 20, 2006 As I mentioned, I am forever re- Force Base in 1983 to welcome home the fall- us as Americans to embrace the widows and minded of that fateful day that Presi- en marines who had been killed in Lebanon. orphans and be able to say to them, thank dent Reagan went on behalf of a grate- Perhaps you recall also that President Jimmy you. ful Nation to Dover Air Force Base to Carter attended arrival ceremonies held at I urge my colleagues to support this amend- welcome the marines who had fallen Dover Air Force Base in Delaware when the ment. and who had been killed in Lebanon. brave Americans who lost their lives in the AMENDMENT #4 TO H.R. 5631, AS REPORTED Perhaps you recall also that Presi- Iran hostage rescue attempt were returned (DEFENSE APPROPRIATIONS, 2007) OFFERED dent Jimmy Carter attended arrival home. Similarly, the first President Bush, BY MS. JACKSON-LEE OF TEXAS ceremonies held at Dover Air Force George H.W. Bush, the 41st President, partici- At the end of the bill (before the Base in Delaware when the brave pated in the arrival ceremony held for the sol- short title), insert the following: Americans who lost their lives in the diers killed in Panama and Lebanon. To most TITLE X—ADDITIONAL GENERAL Iran hostage rescue attempt were re- Americans, welcoming home in a fitting cere- PROVISIONS turned home. mony the men and women who willingly risked SEC. . None of the funds appropriated in Similarly, the first President George all and, sadly, gave their all is only right. It is this Act may be used to implement the pro- H.W. Bush, the first President, partici- vision in Paragraph 4.F of ‘‘Public Affairs a matter of simple justice. Guidance On Casualty and Mortuary Affairs pated in the arrival ceremony held for I was then quite shocked to realize that in Military Operations,’’ (R 311900Z) March soldiers killed in Panama and Lebanon. there is now a policy guidance from the De- 2003, as it relates to barring arrival cere- To most Americans welcoming home, fense Department that directs this government monies for deceased military personnel. it is a fitting ceremony that the men not to honor our soldiers when they come, Ms. JACKSON-LEE of Texas. I would and women who willingly risked all having fallen in battle, back to the soil of the be delighted to yield to the distin- and sadly gave all that they had for United States of America. guished gentleman from Pennsylvania. this country, it is a simple statement Might I share with you the language. ‘‘There Mr. MURTHA. I appreciate what the of justice. And so I had hoped to be will be no arrival ceremonies for or media cov- gentlewoman from Texas said, and I able to offer an amendment to be able erage of deceased military personnel returning hope we can work something out. It is to give guidance to the Defense Depart- to or departing from Ramstein AB or Dover Air always a delicate situation where one ment on behalf of the families of the Force Base.’’ What a shocking statement to family, maybe more than one soldier or fallen and the families of the United make to the Nation, that when our soldiers fall service person comes in at the same States military using the degree of sen- in battle or when they lose their lives as mem- time. But I hope we can work some- sitivity that I think would be appro- bers of the United States military, there is a thing out in line with what she is talk- priate, keeping in place the media blanket order, an across-the-board policy, af- ing about if the family is interested in issue that we would be concerned firmed by the administration in March 2003, doing this. I appreciate what she is about. I am hoping that as we move not to pay honor and tribute to the fallen when saying and the statement and senti- this bill that we will have the oppor- they return. ment behind what she is trying to do. tunity to be able to address this ques- Mr. Chairman, I am not speaking of dis- AMENDMENT OFFERED BY MR. FLAKE tion. respecting family members who desire no Mr. FLAKE. Mr. Chairman, I offer an Before I yield to the gentleman, such formal ceremonies. What I am sug- amendment. might I just cite, and I will yield to the gesting is it should be an option and that there The Clerk read as follows: distinguished gentleman from Pennsyl- should be no blanket barrier that would, in Amendment offered by Mr. FLAKE: vania quickly, that it was Abraham fact, stop the honoring of these soldiers. At the end of the bill (before the short Lincoln who said the loss is doubly I remind you of the words of Abe Lincoln, title), insert the following: great to the families of the fallen for who said the loss is doubly great to the fami- TITLE X—ADDITIONAL GENERAL they have laid so costly a sacrifice on lies of the fallen. For they have laid ‘‘so costly PROVISIONS the altar of freedom. I am hoping that a sacrifice on the altar of freedom.’’ We owe SEC. 10001. None of the funds made avail- we will have the opportunity to have them the respect of this honor, and a grateful able in this Act may be used for the Leonard these arrival ceremonies. Nation should be permitted to show its grati- Wood Research Institute. Ms. JACKSON-LEE of Texas. Mr. Chair- tude. But with this blanket order that suggests Mr. FLAKE. Mr. Chairman, before I man, before I explain my amendment, let me that there can be no arrival ceremony, I be- address this amendment, let me simply express my deep appreciation and gratitude to lieve we denigrate, we deny the opportunity say that I spoke earlier today with Chairman YOUNG and Ranking Member MUR- for honor. Representative CUELLAR. He would THA for their hard work on this bill and for all My colleagues will say that there are indi- have liked to be here to offer a defense the good work they have performed for so vidual ceremonies and funerals and memo- of the last earmark, the Advanced Law long on behalf of the Nation’s soldiers, sailors, rials. And they may be right. But I ask you as Enforcement Rapid Response Training marines, air forces, and all who work to keep Americans and colleagues, how many times program. He offered a spirited defense our Nation safe and free. have we been able to mourn as a Nation the to me today. I still don’t happen to Mr. Chairman, my amendment is simple and soldiers who are in the war on terror, fighting agree with him about the amendment, easy to understand. The amendment simply in places around the world? In these recent but I know he would have liked to be defunds that part of the Department of De- years, we have seen none. We have not hon- here to offer that. And I have enjoyed fense policy that bars arrival ceremonies for ored any publicly. the opportunity to hear about these deceased military personnel returning to Dover Yes, in just 2 weeks from now will be Inde- amendments and to hear them de- Air Force Base. My amendment does not—I pendence Day, but yet we are denied the right fended today as Members have known repeat does not—lift the Defense Department to be able to show our gratitude. My amend- that they are going to be challenged on ban on media coverage of arrival ceremonies ment is intended to comfort the widow and the the floor, and that is what this process or of any returning or departing deceased mili- orphan as President Lincoln enjoined us to do. is all about. tary personnel. By continuing the ban on I believe many of them will find comfort in their Mr. Chairman, this amendment media coverage but permitting arrival cere- hour of loss by the certain knowledge that a would prohibit any funds from the monies my amendment accommodates and grateful Nation remembers. My amendment is Leonard Wood Institute at Fort Leon- balances the interests of those families who on behalf of Americans. ard Wood, Missouri. As many of you wish to have their privacy respected and the Mr. Chairman, let me simply say that in know, Major General Wood led the Nation’s interest in paying fitting tribute to their reading this language, I struggled with the rea- Rough Riders in the Spanish-American fallen heroes who have given the last full son and the premise. Why can’t we join to- war. The Leonard Wood Institute de- measure of devotion on foreign soil. gether as patriots, respecting and recognizing velops, promotes, and manages world- It is altogether fitting and proper that there the young lives that have been sacrificed, by wide collaborations that are related to be a pause and a remembrance when the re- the Reservists, the National Guard and all the the Department of Defense. mains of American freedom fighters are re- service branches on behalf of this Nation? I am all for seeing the Missouri busi- turned to the land they gave their lives to de- Why would you have this kind of prohibition ness sector grow as I would other fend. with no basis, no premise, particularly when States’ business sectors as well, par- I remember when President Reagan, on be- we saw flag-draped coffins being utilized after ticularly Arizona. But it seems to me half of a grateful Nation, traveled to Dover Air the tragedy of 9/11? Why would you not allow that American taxpayers are being

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.202 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4309 asked to spend Federal defense dollars Mr. FLAKE. Mr. Chairman, I demand Obey Ryan (OH) Tauscher on promoting Missouri businesses rath- a recorded vote. Olver Sabo Taylor (MS) Owens Sa´ nchez, Linda Thompson (CA) er than on the war on terror. Again, we The CHAIRMAN. Pursuant to clause Pallone T. Thompson (MS) are picking winners and losers here. I 6 of rule XVIII, further proceedings on Pascrell Sanchez, Loretta Tierney know that there are institutions in Ar- the amendment offered by the gen- Pastor Sanders Towns Paul Schakowsky izona, business sectors everywhere else, tleman from Arizona will be postponed. Udall (CO) Payne Schiff Udall (NM) that would like to get this kind of SEQUENTIAL VOTES POSTPONED IN COMMITTEE Pelosi Scott (GA) Van Hollen Peterson (MN) Serrano funding, $20 million, in the defense bill. OF THE WHOLE Vela´ zquez Price (NC) Slaughter Visclosky b 2045 The CHAIRMAN. Pursuant to clause Rahall Smith (WA) Waters 6 of rule XVIII, proceedings will now Rangel Snyder So why are we choosing one State? Watson resume on those amendments on which Ross Solis Why are we picking the businesses of Rothman Stark Watt that one State as the winners here? further proceedings were postponed, in Roybal-Allard Strickland Woolsey Wu I would ask the chairman of the sub- the following order: Rush Stupak Amendment by Mr. HINCHEY of New committee or the sponsor of the NOES—262 amendment to explain to the taxpayers York regarding Iran. Ackerman Flake Meek (FL) and every other State outside of Mis- Amendment by Mr. HINCHEY of New York regarding the Lincoln Group. Aderholt Foley Melancon souri why we should support this ear- Akin Forbes Mica mark. Frankly, dollars in the defense Amendment by Mr. FLAKE regarding Alexander Fortenberry Miller (FL) bill should go to the war on terror. Northwest Manufacturing Initiative. Bachus Fossella Miller (MI) Amendment by Mr. FLAKE of Arizona Baird Foxx Miller, Gary They ought to go to the troops. They Baker Franks (AZ) Mollohan ought to go for body armor. They regarding Lewis Center. Barrett (SC) Frelinghuysen Murphy ought to go for vehicles, for ammuni- Amendment by Mr. FLAKE of Arizona Barrow Gallegly Murtha regarding Leonard Wood Institute. Barton (TX) Gerlach Musgrave tion, for everything else we spend on Bass Gibbons Myrick defense. I do not believe they ought to The Chair will reduce to 2 minutes Bean Gillmor Neugebauer go to support businesses that are sim- the time for any electronic vote after Beauprez Gingrey Ney the first vote in this series. Berkley Gohmert Northup ply looking for defense contracts or Berman Goode Norwood looking to promote business in one par- AMENDMENT OFFERED BY MR. HINCHEY Biggert Goodlatte Nunes ticular State. The CHAIRMAN. The pending busi- Bilirakis Granger Ortiz Mr. MURTHA. Mr. Chairman, I rise ness is the demand for a recorded vote Bishop (GA) Graves Osborne Bishop (UT) Green (WI) Otter in opposition to the amendment and on the amendment offered by the gen- Blackburn Gutknecht Pearce ask for a ‘‘no’’ vote. tleman from New York (Mr. HINCHEY) Blunt Hall Pence Mr. YOUNG of Florida. Mr. Chair- regarding Iran on which further pro- Boehlert Harris Peterson (PA) man, I move to strike the last word. Boehner Hart Petri ceedings were postponed and on which Bonilla Hastings (FL) Pickering Mr. Chairman, this, it is my under- the noes prevailed by voice vote. Bonner Hastings (WA) Pitts standing, would be the last amendment The Clerk will redesignate the Bono Hayes Platts to be considered on this bill today, and Boozman Hayworth Poe amendment. Boren Hefley Pombo I wanted to just a minute to thank ev- The Clerk redesignated the amend- Boustany Hensarling Pomeroy eryone who participated in the debate. ment. Bradley (NH) Herger Porter Brady (PA) Herseth Price (GA) It has been a lively debate all day. A RECORDED VOTE lot of good arguments were made on Brady (TX) Hobson Pryce (OH) The CHAIRMAN. A recorded vote has Brown (SC) Hoekstra Putnam both sides of the various issues, but it been demanded. Brown-Waite, Hostettler Radanovich is a good example of how intense this Ginny Hoyer Ramstad A recorded vote was ordered. bill really is. It is a very large bill. It Burgess Hulshof Regula The vote was taken by electronic de- Burton (IN) Hyde Rehberg includes an lawful lot of important ma- vice, and there were—ayes 158, noes 262, Buyer Inglis (SC) Reichert terial for the security of our Nation, to not voting 12, as follows: Calvert Israel Renzi provide our troops with the best equip- Camp (MI) Istook Reyes ment possible, to provide them with [Roll No. 300] Campbell (CA) Jenkins Reynolds Cantor Jindal Rogers (AL) the best training possible, to provide AYES—158 Capito Johnson (CT) Rogers (KY) them with the best protective gear pos- Abercrombie Doggett Kildee Cardoza Johnson (IL) Rogers (MI) sible. Allen Doyle Kilpatrick (MI) Carter Johnson, Sam Rohrabacher Andrews Duncan Kind Case Keller Ros-Lehtinen It is a bipartisan bill, one that was Baca Ehlers Kucinich Castle Kelly Royce put together with the cooperation of Baldwin Eshoo Lantos Chabot Kennedy (MN) Ruppersberger all of the Members of both parties on Bartlett (MD) Etheridge Larson (CT) Chocola King (IA) Ryan (WI) the subcommittee. It was approved Becerra Farr Leach Coble King (NY) Ryun (KS) Berry Fattah Lee Cole (OK) Kingston Salazar unanimously by the full committee. I Bishop (NY) Filner Levin Conaway Kirk Saxton want to compliment all the Members, Blumenauer Frank (MA) Lewis (GA) Costa Kline Schmidt especially of the subcommittee, who Boswell Garrett (NJ) Lofgren, Zoe Cramer Knollenberg Schwartz (PA) Boucher Gilchrest Lowey Crenshaw Kolbe Schwarz (MI) worked so hard to make this a good Boyd Gonzalez Lynch Cubin Kuhl (NY) Scott (VA) bill. Brown (OH) Gordon Maloney Cuellar LaHood Sensenbrenner I want to thank the staff who was led Brown, Corrine Green, Al Markey Culberson Langevin Sessions on our side by John Shank and on Mr. Butterfield Green, Gene Matsui Davis (AL) Larsen (WA) Shadegg Capps Grijalva McCarthy Davis (KY) Latham Shaw MURTHA’s side by David Morrison, and Capuano Gutierrez McCollum (MN) Davis (TN) LaTourette Shays the staff that worked with them. They Cardin Harman McDermott Davis, Jo Ann Lewis (CA) Sherman are 24/7 workers, and they are ex- Carnahan Higgins McGovern Davis, Tom Lewis (KY) Sherwood Carson Hinchey McIntyre Deal (GA) Linder Shimkus tremely well-qualified and dedicated to Chandler Hinojosa McKinney Dent Lipinski Shuster the job that they do. Clay Holden McNulty Diaz-Balart, L. LoBiondo Simmons So thank you for a good day, and, Mr. Cleaver Holt Meehan Diaz-Balart, M. Lucas Simpson Chairman, I want to especially com- Clyburn Honda Meeks (NY) Dicks Lungren, Daniel Skelton Conyers Hooley Michaud Doolittle E. Smith (NJ) pliment you on the excellent way that Cooper Inslee Millender- Drake Mack Smith (TX) you have conducted the affairs of the Costello Jackson (IL) McDonald Dreier Manzullo Sodrel committee this afternoon. Crowley Jackson-Lee Miller (NC) Edwards Marchant Souder Cummings (TX) Miller, George Emanuel Matheson Stearns The CHAIRMAN. The question is on Davis (CA) Jefferson Moore (KS) Emerson McCaul (TX) Sullivan the amendment offered by the gen- Davis (IL) Johnson, E. B. Moore (WI) Engel McCotter Sweeney tleman from Arizona (Mr. FLAKE). DeFazio Jones (NC) Moran (KS) English (PA) McCrery Tancredo The question was taken; and the DeGette Jones (OH) Moran (VA) Everett McHenry Tanner Delahunt Kanjorski Nadler Feeney McHugh Taylor (NC) Chairman announced that the noes ap- DeLauro Kaptur Neal (MA) Ferguson McKeon Terry peared to have it. Dingell Kennedy (RI) Oberstar Fitzpatrick (PA) McMorris Thomas

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.204 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4310 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Thornberry Wasserman Whitfield Owens Schakowsky Towns Smith (NJ) Terry Weldon (FL) Tiahrt Schultz Wicker Pallone Schiff Udall (CO) Smith (TX) Thomas Weldon (PA) Tiberi Waxman Wilson (NM) Pascrell Schwartz (PA) Udall (NM) Smith (WA) Thornberry Weller Turner Weiner Wilson (SC) Pastor Scott (GA) Van Hollen Snyder Tiahrt Westmoreland Upton Weldon (FL) Wolf Paul Serrano Vela´ zquez Sodrel Tiberi Whitfield Walden (OR) Weldon (PA) Wynn Payne Sherman Wasserman Souder Turner Wicker Walsh Weller Young (AK) Pelosi Slaughter Schultz Stearns Upton Wilson (NM) Wamp Westmoreland Young (FL) Price (NC) Solis Waters Sullivan Visclosky Wilson (SC) Wexler Sweeney Walden (OR) Wolf Rahall Spratt Watson Rangel Stark Tancredo Walsh Young (AK) Watt NOT VOTING—12 Reyes Strickland Taylor (NC) Wamp Young (FL) Waxman Bilbray Ford Napolitano Rothman Stupak Weiner Cannon Hunter Nussle Rush Tanner NOT VOTING—11 Wexler Davis (FL) Issa Oxley Ryan (OH) Tauscher Cannon Hunter Napolitano Woolsey Evans Marshall Spratt Sa´ nchez, Linda Taylor (MS) Davis (FL) Issa Nussle Wu T. Thompson (CA) Evans Keller Oxley Sanchez, Loretta Thompson (MS) Wynn Ford Marshall b 2112 Sanders Tierney ANNOUNCEMENT BY THE CHAIRMAN Mr. HEFLEY and Mr. POMEROY NOES—268 The CHAIRMAN (during the vote). changed their vote from ‘‘aye’’ to ‘‘no.’’ Aderholt Flake McCaul (TX) Members are advised 1 minute remains Mr. FATTAH, Mr. GILCHREST, Ms. Akin Foley McCotter in this vote. CORRINE BROWN of Florida, Messrs. Alexander Forbes McCrery SERRANO, GARRETT of New Jersey, Andrews Fortenberry McHenry b 2117 BARTLETT of Maryland, COSTELLO, Bachus Fossella McHugh Baird Foxx McKeon So the amendment was rejected. and MOORE of Kansas changed their Baker Frank (MA) McMorris The result of the vote was announced vote from ‘‘no’’ to ‘‘aye.’’ Barrett (SC) Franks (AZ) Meek (FL) as above recorded. So the amendment was rejected. Bartlett (MD) Frelinghuysen Melancon Barton (TX) Gallegly Mica AMENDMENT OFFERED BY MR. FLAKE The result of the vote was announced Bass Garrett (NJ) Miller (FL) as above recorded. Beauprez Gerlach Miller (MI) The CHAIRMAN. The pending busi- AMENDMENT OFFERED BY MR. HINCHEY Berry Gibbons Miller (NC) ness is the demand for a recorded vote Biggert Gilchrest Miller, Gary The Acting CHAIRMAN (Mr. on the amendment offered by the gen- Bilbray Gillmor Mollohan tleman from Arizona (Mr. FLAKE) re- CHOCOLA). The pending business is the Bilirakis Gingrey Moran (KS) demand for a recorded vote on the Bishop (GA) Gohmert Murphy garding Northwest Manufacturing Ini- amendment offered by the gentleman Bishop (UT) Gonzalez Murtha tiative on which further proceedings Blackburn Goode Musgrave were postponed and on which the noes from New York (Mr. HINCHEY) regard- Blunt Goodlatte Myrick prevailed by voice vote. ing the Lincoln Group on which further Boehlert Granger Neugebauer proceedings were postponed and on Boehner Graves Ney The Clerk will redesignate the Bonilla Green (WI) Northup which the noes prevailed by voice vote. amendment. Bonner Gutknecht Norwood The Clerk redesignated the amend- The Clerk will redesignate the Bono Hall Nunes amendment. Boozman Harman Oberstar ment. Boren Harris Obey RECORDED VOTE The Clerk redesignated the amend- Boustany Hart Osborne ment. Bradley (NH) Hastings (WA) Otter The CHAIRMAN. A recorded vote has RECORDED VOTE Brady (PA) Hayes Pearce been demanded. Brady (TX) Hayworth Pence The Acting CHAIRMAN. A recorded A recorded vote was ordered. Brown (SC) Hefley Peterson (MN) The CHAIRMAN. This will be a 2- vote has been demanded. Brown-Waite, Hensarling Peterson (PA) A recorded vote was ordered. Ginny Herger Petri minute vote. Burgess Herseth Pickering The vote was taken by electronic de- The Acting CHAIRMAN. This will be Burton (IN) Higgins Pitts a 2-minute vote. vice, and there were—ayes 56, noes 369, Buyer Hinojosa Platts not voting 7, as follows: The vote was taken by electronic de- Calvert Hobson Poe vice, and there were—ayes 153, noes 268, Camp (MI) Hoekstra Pombo [Roll No. 302] Campbell (CA) Holden Pomeroy AYES—56 not voting 11, as follows: Cantor Hulshof Porter [Roll No. 301] Capito Hyde Price (GA) Barrett (SC) Gibbons Norwood Carnahan Inglis (SC) Pryce (OH) Bass Gohmert Otter AYES—153 Carter Israel Putnam Bean Green (WI) Paul Abercrombie Delahunt Kilpatrick (MI) Case Istook Radanovich Beauprez Hall Pence Ackerman DeLauro Kind Castle Jenkins Ramstad Blackburn Harris Petri Allen Dicks Kucinich Chabot Jindal Regula Bradley (NH) Hayworth Pitts Baca Dingell Lantos Chandler Johnson (CT) Rehberg Brown-Waite, Hefley Poe Baldwin Doggett Larsen (WA) Chocola Johnson (IL) Reichert Ginny Hensarling Price (GA) Barrow Doyle Leach Cleaver Johnson, Sam Renzi Chocola Inglis (SC) Ramstad Bean Duncan Lee Coble Kanjorski Reynolds Cooper Jindal Ryan (WI) Becerra Emanuel Levin Cole (OK) Kelly Rogers (AL) Deal (GA) Jones (NC) Sensenbrenner Berkley Engel Lewis (GA) Conaway Kennedy (MN) Rogers (KY) Duncan Kennedy (MN) Sessions Berman Eshoo Lofgren, Zoe Cramer Kennedy (RI) Rogers (MI) Ehlers King (IA) Shadegg Bishop (NY) Etheridge Lowey Crenshaw King (IA) Rohrabacher Feeney Linder Stearns Blumenauer Farr Lynch Cubin King (NY) Ros-Lehtinen Flake Miller (FL) Tancredo Boswell Filner Maloney Cuellar Kingston Ross Ford Moore (KS) Terry Boucher Gordon Markey Culberson Kirk Roybal-Allard Fossella Musgrave Udall (NM) Boyd Green, Al Matsui Davis (AL) Kline Royce Franks (AZ) Myrick Waxman Brown (OH) Green, Gene McCarthy Davis (KY) Knollenberg Ruppersberger Garrett (NJ) Neugebauer Westmoreland Brown, Corrine Grijalva McCollum (MN) Davis (TN) Kolbe Ryan (WI) Butterfield Gutierrez McDermott Davis, Jo Ann Kuhl (NY) Ryun (KS) NOES—369 Capps Hastings (FL) McGovern Davis, Tom LaHood Sabo Abercrombie Berman Boswell Capuano Hinchey McIntyre Deal (GA) Langevin Salazar Ackerman Berry Boucher Cardin Holt McKinney Dent Larson (CT) Saxton Aderholt Biggert Boustany Cardoza Honda McNulty Diaz-Balart, L. Latham Schmidt Akin Bilbray Boyd Carson Hooley Meehan Diaz-Balart, M. LaTourette Schwarz (MI) Alexander Bilirakis Brady (PA) Clay Hostettler Meeks (NY) Doolittle Lewis (CA) Scott (VA) Allen Bishop (GA) Brady (TX) Clyburn Hoyer Michaud Drake Lewis (KY) Sensenbrenner Andrews Bishop (NY) Brown (OH) Conyers Inslee Millender- Dreier Linder Sessions Baca Bishop (UT) Brown (SC) Cooper Jackson (IL) McDonald Edwards Lipinski Shadegg Bachus Blumenauer Brown, Corrine Costa Jackson-Lee Miller, George Ehlers LoBiondo Shaw Baird Blunt Burgess Costello (TX) Moore (KS) Emerson Lucas Shays Baker Boehlert Burton (IN) Crowley Jefferson Moore (WI) English (PA) Lungren, Daniel Sherwood Baldwin Boehner Butterfield Cummings Johnson, E. B. Moran (VA) Everett E. Shimkus Barrow Bonilla Buyer Davis (CA) Jones (NC) Nadler Fattah Mack Shuster Bartlett (MD) Bonner Calvert Davis (IL) Jones (OH) Neal (MA) Feeney Manzullo Simmons Barton (TX) Bono Camp (MI) DeFazio Kaptur Olver Ferguson Marchant Simpson Becerra Boozman Campbell (CA) DeGette Kildee Ortiz Fitzpatrick (PA) Matheson Skelton Berkley Boren Cantor

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.082 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4311 Capito Hooley Northup Van Hollen Watson Wilson (NM) Conaway Johnson, E. B. Peterson (PA) Capps Hostettler Nunes Vela´ zquez Watt Wilson (SC) Conyers Johnson, Sam Pickering Capuano Hoyer Oberstar Visclosky Weiner Wolf Costa Jones (OH) Platts Cardin Hulshof Obey Walden (OR) Weldon (FL) Woolsey Costello Kanjorski Pombo Cardoza Hyde Olver Walsh Weldon (PA) Wu Cramer Kaptur Pomeroy Carnahan Inslee Ortiz Wamp Weller Wynn Crenshaw Keller Porter Carson Israel Osborne Wasserman Wexler Young (AK) Crowley Kelly Price (NC) Carter Issa Owens Schultz Whitfield Young (FL) Cubin Kennedy (RI) Pryce (OH) Case Istook Pallone Waters Wicker Cuellar Kildee Putnam Castle Jackson (IL) Pascrell Culberson Kilpatrick (MI) Radanovich Chabot Jackson-Lee Pastor NOT VOTING—7 Cummings Kind Rahall Chandler (TX) Payne Cannon Hunter Oxley Davis (AL) King (NY) Ramstad Clay Jefferson Pearce Davis (FL) Napolitano Davis (CA) Kingston Rangel Cleaver Jenkins Pelosi Evans Nussle Davis (IL) Kirk Regula Clyburn Johnson (CT) Peterson (MN) Davis (KY) Knollenberg Rehberg Coble Johnson (IL) Peterson (PA) ANNOUNCEMENT BY THE CHAIRMAN Davis (TN) Kolbe Reichert Cole (OK) Johnson, E. B. Pickering The CHAIRMAN (during the vote). Davis, Jo Ann Kucinich Renzi Conaway Johnson, Sam Platts Members are advised 1 minute remains Davis, Tom Kuhl (NY) Reyes Conyers Jones (OH) Pombo DeFazio LaHood Reynolds Costa Kanjorski Pomeroy in this vote. DeGette Langevin Rogers (AL) Costello Kaptur Porter Delahunt Lantos Rogers (KY) Cramer Keller Price (NC) b 2122 DeLauro Larsen (WA) Rogers (MI) Crenshaw Kelly Pryce (OH) Dent Larson (CT) Rohrabacher Crowley Kennedy (RI) Putnam So the amendment was rejected. Diaz-Balart, L. Latham Ros-Lehtinen Cubin Kildee Radanovich The result of the vote was announced Diaz-Balart, M. LaTourette Ross Cuellar Kilpatrick (MI) Rahall as above recorded. Dicks Leach Rothman Culberson Kind Rangel Dingell Lee Roybal-Allard Cummings King (NY) Regula AMENDMENT OFFERED BY MR. FLAKE Doggett Levin Royce Davis (AL) Kingston Rehberg The CHAIRMAN. The pending busi- Doolittle Lewis (CA) Ruppersberger Davis (CA) Kirk Reichert ness is the demand for a recorded vote Doyle Lewis (GA) Rush Davis (IL) Kline Renzi Drake Lewis (KY) Ryan (OH) Davis (KY) Knollenberg Reyes on the amendment offered by the gen- Dreier Lipinski Ryun (KS) Davis (TN) Kolbe Reynolds tleman from Arizona (Mr. FLAKE) re- Edwards LoBiondo Sabo Davis, Jo Ann Kucinich Rogers (AL) garding Lewis Center on which further Ehlers Lofgren, Zoe Salazar Davis, Tom Kuhl (NY) Rogers (KY) proceedings were postponed and on Emanuel Lowey Sa´ nchez, Linda DeFazio LaHood Rogers (MI) Emerson Lucas T. DeGette Langevin Rohrabacher which the noes prevailed by voice vote. Engel Lungren, Daniel Sanchez, Loretta Delahunt Lantos Ros-Lehtinen The Clerk will redesignate the English (PA) E. Sanders DeLauro Larsen (WA) Ross amendment. Eshoo Lynch Saxton Dent Larson (CT) Rothman Etheridge Mack Schakowsky Diaz-Balart, L. Latham Roybal-Allard The Clerk redesignated the amend- Everett Maloney Schiff Diaz-Balart, M. LaTourette Royce ment. Farr Manzullo Schmidt Dicks Leach Ruppersberger RECORDED VOTE Fattah Marchant Schwartz (PA) Dingell Lee Rush Ferguson Markey Schwarz (MI) Doggett Levin Ryan (OH) The CHAIRMAN. A recorded vote has Filner Marshall Scott (GA) Doolittle Lewis (CA) Ryun (KS) been demanded. Foley Matsui Scott (VA) Doyle Lewis (GA) Sabo A recorded vote was ordered. Forbes McCarthy Serrano Drake Lewis (KY) Salazar The CHAIRMAN. This will be a 2- Fortenberry McCaul (TX) Shaw Dreier Lipinski Sa´ nchez, Linda Foxx McCollum (MN) Shays Edwards LoBiondo T. minute vote. Frank (MA) McCotter Sherman Emanuel Lofgren, Zoe Sanchez, Loretta The vote was taken by electronic de- Frelinghuysen McCrery Sherwood Emerson Lowey Sanders vice, and there were—ayes 50, noes 373, Gallegly McDermott Shimkus Engel Lucas Saxton Gerlach McGovern Shuster English (PA) Lungren, Daniel Schakowsky not voting 9, as follows: Gillmor McHenry Simmons Eshoo E. Schiff [Roll No. 303] Gingrey McHugh Simpson Etheridge Lynch Schmidt AYES—50 Gohmert McIntyre Skelton Everett Mack Schwartz (PA) Gonzalez McKeon Slaughter Farr Maloney Schwarz (MI) Barrett (SC) Garrett (NJ) Norwood Goode McKinney Smith (NJ) Fattah Manzullo Scott (GA) Bass Gibbons Otter Goodlatte McMorris Smith (TX) Ferguson Marchant Scott (VA) Bean Green (WI) Paul Gordon McNulty Smith (WA) Filner Markey Serrano Beauprez Gutknecht Pence Granger Meehan Snyder Fitzpatrick (PA) Marshall Shaw Blackburn Harris Petri Graves Meek (FL) Sodrel Foley Matheson Shays Bradley (NH) Hayworth Pitts Green, Al Meeks (NY) Solis Forbes Matsui Sherman Chabot Hefley Poe Green, Gene Melancon Souder Fortenberry McCarthy Sherwood Chocola Hensarling Price (GA) Grijalva Mica Spratt Cooper Inglis (SC) Foxx McCaul (TX) Shimkus Ryan (WI) Gutierrez Michaud Stark Deal (GA) Jones (NC) Frank (MA) McCollum (MN) Shuster Sensenbrenner Hall Millender- Stearns Frelinghuysen McCotter Simmons Duncan Kennedy (MN) Sessions Harman McDonald Strickland Gallegly McCrery Simpson Feeney King (IA) Hart Miller (FL) Stupak Shadegg Gerlach McDermott Skelton Fitzpatrick (PA) Kline Hastings (FL) Miller (MI) Sweeney Sullivan Gilchrest McGovern Slaughter Flake Linder Hastings (WA) Miller (NC) Tanner Gillmor McHenry Smith (NJ) Ford Matheson Terry Hayes Miller, Gary Tauscher Gingrey McHugh Smith (TX) Fossella Moore (KS) Udall (NM) Herger Miller, George Taylor (MS) Gonzalez McIntyre Smith (WA) Franks (AZ) Neugebauer Westmoreland Herseth Mollohan Taylor (NC) Goode McKeon Snyder Higgins Moore (WI) Thomas Goodlatte McKinney Sodrel NOES—373 Hinchey Moran (KS) Thompson (CA) Gordon McMorris Solis Abercrombie Bishop (NY) Burton (IN) Hinojosa Moran (VA) Thompson (MS) Granger McNulty Souder Ackerman Bishop (UT) Butterfield Hobson Murphy Thornberry Graves Meehan Spratt Aderholt Blumenauer Buyer Hoekstra Murtha Tiahrt Green, Al Meek (FL) Stark Akin Blunt Calvert Holden Musgrave Tiberi Green, Gene Meeks (NY) Strickland Alexander Boehlert Camp (MI) Holt Myrick Tierney Grijalva Melancon Stupak Allen Boehner Campbell (CA) Honda Nadler Towns Gutierrez Mica Sullivan Andrews Bonilla Cantor Hooley Neal (MA) Turner Gutknecht Michaud Sweeney Baca Bonner Capito Hostettler Ney Udall (CO) Harman Millender- Tanner Bachus Bono Capps Hoyer Northup Upton Hart McDonald Tauscher Baird Boozman Capuano Hulshof Nunes Van Hollen Hastings (FL) Miller (MI) Taylor (MS) Baker Boren Cardin Hyde Oberstar Vela´ zquez Hastings (WA) Miller (NC) Taylor (NC) Baldwin Boswell Cardoza Inslee Obey Visclosky Hayes Miller, Gary Thomas Barrow Boucher Carnahan Israel Olver Walden (OR) Herger Miller, George Thompson (CA) Bartlett (MD) Boustany Carson Issa Ortiz Walsh Herseth Mollohan Thompson (MS) Barton (TX) Boyd Carter Istook Osborne Wamp Higgins Moore (WI) Thornberry Becerra Brady (PA) Case Jackson (IL) Owens Wasserman Hinchey Moran (KS) Tiahrt Berkley Brady (TX) Castle Jackson-Lee Pallone Schultz Hinojosa Moran (VA) Tiberi Berman Brown (OH) Chandler (TX) Pascrell Waters Hobson Murphy Tierney Berry Brown (SC) Clay Jefferson Pastor Watson Hoekstra Murtha Towns Biggert Brown, Corrine Cleaver Jenkins Payne Watt Holden Nadler Turner Bilbray Brown-Waite, Clyburn Jindal Pearce Waxman Holt Neal (MA) Udall (CO) Bilirakis Ginny Coble Johnson (CT) Pelosi Weiner Honda Ney Upton Bishop (GA) Burgess Cole (OK) Johnson (IL) Peterson (MN) Weldon (FL)

VerDate Aug 31 2005 04:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.084 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4312 CONGRESSIONAL RECORD — HOUSE June 20, 2006 Weldon (PA) Wilson (NM) Wynn Cardoza Issa Pallone Waxman Whitfield Wu Weller Wilson (SC) Young (AK) Carnahan Istook Pascrell Weiner Wicker Wynn Wexler Wolf Young (FL) Carson Jackson (IL) Pastor Weldon (FL) Wilson (NM) Young (AK) Whitfield Woolsey Carter Jackson-Lee Payne Weldon (PA) Wilson (SC) Young (FL) Wicker Wu Case (TX) Pearce Weller Wolf Chandler Jefferson Pelosi Wexler Woolsey NOT VOTING—9 Clay Jenkins Peterson (MN) Cannon Gilchrest Nussle Cleaver Johnson (CT) Peterson (PA) NOT VOTING—7 Davis (FL) Hunter Oxley Clyburn Johnson (IL) Pickering Cannon Hunter Oxley Evans Napolitano Tancredo Coble Johnson, E. B. Platts Davis (FL) Napolitano Cole (OK) Johnson, Sam Pombo Evans Nussle ANNOUNCEMENT BY THE CHAIRMAN Conaway Jones (OH) Pomeroy The CHAIRMAN (during the vote). Conyers Kanjorski Porter ANNOUNCEMENT BY THE CHAIRMAN Members are advised 1 minute remains Costa Kaptur Price (NC) The CHAIRMAN (during the vote). Costello Keller Pryce (OH) Members are advised 1 minute remains in this vote. Cramer Kelly Putnam Crenshaw Kennedy (RI) Radanovich in this vote. b 2126 Crowley Kildee Rahall Cubin Kilpatrick (MI) Rangel b 2131 Mr. HEFLEY changed his vote from Cuellar Kind Regula Culberson King (NY) Rehberg So the amendment was rejected. ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced So the amendment was rejected. Cummings Kingston Reichert Davis (AL) Kirk Renzi as above recorded. The result of the vote was announced Davis (CA) Kline Reyes The CHAIRMAN. The Clerk will read as above recorded. Davis (IL) Knollenberg Reynolds Davis (KY) Kolbe Rogers (AL) the last 2 lines. AMENDMENT OFFERED BY MR. FLAKE Davis (TN) Kucinich Rogers (KY) The Clerk read as follows: The CHAIRMAN. The pending busi- Davis, Jo Ann Kuhl (NY) Rogers (MI) This Act may be cited as the ‘‘Department ness is the demand for a recorded vote Davis, Tom LaHood Rohrabacher of Defense Appropriations Act, 2007’’. on the amendment offered by the gen- DeFazio Langevin Ros-Lehtinen DeGette Lantos Ross Mr. YOUNG of Florida. Mr. Chair- tleman from Arizona (Mr. FLAKE) re- Delahunt Larsen (WA) Rothman man, I move that the Committee do garding Leonard Wood Research Insti- DeLauro Larson (CT) Roybal-Allard now rise and report the bill back to the tute on which further proceedings were Dent Latham Royce House with sundry amendments, with postponed and on which the noes pre- Diaz-Balart, L. LaTourette Ruppersberger Diaz-Balart, M. Lee Rush the recommendation that the amend- vailed by voice vote. Dicks Levin Ryan (OH) ments be agreed to and that the bill, as The Clerk will redesignate the Dingell Lewis (CA) Ryun (KS) amended, do pass. amendment. Doggett Lewis (GA) Sabo Doolittle Lewis (KY) Salazar The motion was agreed to. The Clerk redesignated the amend- Doyle Lipinski Sa´ nchez, Linda Accordingly, the Committee rose; ment. Drake LoBiondo T. and the Speaker pro tempore (Mr. RECORDED VOTE Dreier Lofgren, Zoe Sanchez, Loretta GILLMOR) having assumed the chair, Edwards Lowey Sanders The CHAIRMAN. A recorded vote has Emanuel Lucas Saxton Mr. CAMP of Michigan, Chairman of the been demanded. Emerson Lynch Schakowsky Committee of the Whole House on the A recorded vote was ordered. Engel Mack Schiff State of the Union, reported that that The CHAIRMAN. This will be a 2- English (PA) Maloney Schmidt Committee, having had under consider- Eshoo Manzullo Schwartz (PA) minute vote. Etheridge Marchant Schwarz (MI) ation the bill (H.R. 5631) making appro- The vote was taken by electronic de- Everett Markey Scott (GA) priations for the Department of De- vice, and there were—ayes 62, noes 363, Farr Marshall Scott (VA) fense for the fiscal year ending Sep- Fattah Matsui Serrano not voting 7, as follows: Ferguson McCarthy Shaw tember 30, 2007, and for other purposes, [Roll No. 304] Filner McCaul (TX) Shays had directed him to report the bill AYES—62 Fitzpatrick (PA) McCollum (MN) Sherman back to the House with sundry amend- Foley McCotter Sherwood ments, with the recommendation that Barrett (SC) Gibbons Norwood Forbes McCrery Shimkus Bass Green (WI) Paul Fortenberry McDermott Shuster the amendments be agreed to and that Bean Gutknecht Pence Foxx McGovern Simmons the bill, as amended, do pass. Beauprez Hall Petri Frank (MA) McHugh Simpson The SPEAKER pro tempore. Pursu- Bilbray Harris Pitts Frelinghuysen McIntyre Skelton ant to House Resolution 877, the pre- Blackburn Hayworth Poe Gallegly McKeon Slaughter Bradley (NH) Hefley Price (GA) Gerlach McKinney Smith (NJ) vious question is ordered. Brown-Waite, Hensarling Ramstad Gilchrest McMorris Smith (TX) Is a separate vote demanded on any Ginny Inglis (SC) Ryan (WI) Gillmor McNulty Smith (WA) Castle Inslee amendment? If not, the Chair will put Sensenbrenner Gingrey Meehan Snyder Chabot Jindal Gohmert Meek (FL) Sodrel them en gros. Sessions Chocola Jones (NC) Gonzalez Meeks (NY) Solis The amendments were agreed to. Shadegg Cooper Kennedy (MN) Goode Melancon Souder Stearns The SPEAKER pro tempore. The Deal (GA) King (IA) Goodlatte Mica Spratt Duncan Leach Sullivan Gordon Michaud Stark question is on the engrossment and Ehlers Linder Tancredo Granger Millender- Strickland third reading of the bill. Feeney Lungren, Daniel Taylor (NC) Graves McDonald Stupak The bill was ordered to be engrossed Flake E. Terry Green, Al Miller (FL) Sweeney and read a third time, and was read the Ford Matheson Udall (NM) Green, Gene Miller (MI) Tanner Fossella McHenry Upton Grijalva Miller (NC) Tauscher third time. Franks (AZ) Musgrave Westmoreland Gutierrez Miller, Gary Taylor (MS) The SPEAKER pro tempore. The Garrett (NJ) Myrick Harman Miller, George Thomas question is on the passage of the bill. Hart Mollohan Thompson (CA) NOES—363 Hastings (FL) Moore (KS) Thompson (MS) Pursuant to clause 10 of rule XX, the Abercrombie Berry Boyd Hastings (WA) Moore (WI) Thornberry yeas and nays are ordered. Ackerman Biggert Brady (PA) Hayes Moran (KS) Tiahrt The vote was taken by electronic de- Aderholt Bilirakis Brady (TX) Herger Moran (VA) Tiberi vice, and there were—yeas 407, nays 19, Akin Bishop (GA) Brown (OH) Herseth Murphy Tierney Alexander Bishop (NY) Brown (SC) Higgins Murtha Towns not voting 6, as follows: Allen Bishop (UT) Brown, Corrine Hinchey Nadler Turner [Roll No. 305] Andrews Blumenauer Burgess Hinojosa Neal (MA) Udall (CO) Baca Blunt Burton (IN) Hobson Neugebauer Van Hollen YEAS—407 Bachus Boehlert Butterfield Hoekstra Ney Vela´ zquez Abercrombie Baker Berman Baird Boehner Buyer Holden Northup Visclosky Ackerman Barrett (SC) Berry Baker Bonilla Calvert Holt Nunes Walden (OR) Aderholt Barrow Biggert Baldwin Bonner Camp (MI) Honda Oberstar Walsh Akin Bartlett (MD) Bilbray Barrow Bono Campbell (CA) Hooley Obey Wamp Alexander Barton (TX) Bilirakis Bartlett (MD) Boozman Cantor Hostettler Olver Wasserman Allen Bass Bishop (GA) Barton (TX) Boren Capito Hoyer Ortiz Schultz Andrews Bean Bishop (NY) Becerra Boswell Capps Hulshof Osborne Waters Baca Beauprez Bishop (UT) Berkley Boucher Capuano Hyde Otter Watson Bachus Becerra Blackburn Berman Boustany Cardin Israel Owens Watt Baird Berkley Blumenauer

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.085 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4313 Blunt Foxx Lungren, Daniel Ryan (OH) Slaughter Udall (CO) SPECIAL ORDERS Boehlert Franks (AZ) E. Ryan (WI) Smith (NJ) Udall (NM) Boehner Frelinghuysen Lynch Ryun (KS) Smith (TX) Upton The SPEAKER pro tempore (Mr. Bonilla Gallegly Mack Sabo Smith (WA) Van Hollen MARCHANT). Under the Speaker’s an- Bonner Garrett (NJ) Maloney Salazar Snyder Vela´ zquez nounced policy of January 4, 2005, and Bono Gerlach Manzullo Sa´ nchez, Linda Sodrel Visclosky Boozman Gibbons Marchant T. Solis Walden (OR) under a previous order of the House, Boren Gilchrest Markey Sanchez, Loretta Souder Walsh the following Members will be recog- Boswell Gillmor Marshall Sanders Spratt Wamp nized for 5 minutes each. Boucher Gingrey Matheson Saxton Stearns Wasserman Boustany Gohmert Matsui Schiff Strickland Schultz f Schmidt Stupak Boyd Gonzalez McCarthy Waters The SPEAKER pro tempore. Under a Schwartz (PA) Sullivan Bradley (NH) Goode McCaul (TX) Waxman Schwarz (MI) Sweeney previous order of the House, the gen- Brady (PA) Goodlatte McCollum (MN) Weiner Scott (GA) Tancredo tleman from New Jersey (Mr. PALLONE) Brady (TX) Gordon McCotter Weldon (FL) Scott (VA) Tanner Brown (OH) Granger McCrery Weldon (PA) is recognized for 5 minutes. McGovern Sensenbrenner Tauscher Brown (SC) Graves Weller (Mr. PALLONE addressed the House. Brown, Corrine Green (WI) McHenry Serrano Taylor (MS) Westmoreland Brown-Waite, Green, Al McHugh Sessions Taylor (NC) His remarks will appear hereafter in Wexler Ginny Green, Gene McIntyre Shadegg Terry the Extensions of Remarks.) Whitfield Burgess Grijalva McKeon Shaw Thomas Wicker f Burton (IN) Gutierrez McKinney Shays Thompson (CA) Wilson (NM) Butterfield Gutknecht McMorris Sherman Thompson (MS) Wilson (SC) TRIBUTE TO FLOYD PATTERSON Buyer Hall McNulty Sherwood Thornberry Wolf Calvert Harman Meehan Shimkus Tiahrt Mr. HINCHEY. Mr. Speaker, I ask Wu Camp (MI) Harris Meek (FL) Shuster Tiberi unanimous consent to speak out of Simmons Tierney Wynn Campbell (CA) Hart Meeks (NY) order. Cantor Hastings (FL) Melancon Simpson Towns Young (AK) Capito Hastings (WA) Mica Skelton Turner Young (FL) The SPEAKER pro tempore. Without Capps Hayes Michaud NAYS—19 objection, the gentleman from New Capuano Hayworth Millender- York is recognized for 5 minutes. Baldwin Lewis (GA) Schakowsky Cardin Hefley McDonald There was no objection. Cardoza Hensarling Miller (FL) Conyers McDermott Stark Carnahan Herger Miller (MI) Filner Moore (WI) Watson Mr. HINCHEY. Mr. Speaker, I ask my Carson Herseth Miller (NC) Flake Olver Watt colleagues here in the House to join me Carter Higgins Miller, Gary Frank (MA) Owens Woolsey Kucinich Paul in celebrating the life of an out- Case Hinchey Miller, George standing American, an American who Castle Hinojosa Mollohan Lee Payne was a boxer and the heavyweight Chabot Hobson Moore (KS) NOT VOTING—6 Chandler Hoekstra Moran (KS) champion of the world. His name was Chocola Holden Moran (VA) Cannon Evans Napolitano Davis (FL) Hunter Nussle Floyd Patterson. He died recently, on Clay Holt Murphy May 11 at the age of 71. Cleaver Honda Murtha 2150 Clyburn Hooley Musgrave b He was a truly outstanding athlete Coble Hostettler Myrick So the bill was passed. and, I think even more importantly, an Cole (OK) Hoyer Nadler The result of the vote was announced incredibly outstanding human being. Conaway Hulshof Neal (MA) Cooper Hyde Neugebauer as above recorded. All of us who had the opportunity to Costa Inglis (SC) Ney A motion to reconsider was laid on know him benefited from that knowl- Costello Inslee Northup the table. edge and our association with him, and Cramer Israel Norwood I am proud to be one of those people Crenshaw Issa Nunes f Crowley Istook Oberstar who knew him well. Cubin Jackson (IL) Obey AUTHORIZING THE CLERK TO Floyd Patterson was born in a rural Cuellar Jackson-Lee Ortiz MAKE CORRECTIONS IN EN- cabin in Waco, North Carolina, one of Culberson (TX) Osborne GROSSMENT OF H.R. 5631, DE- 11 children. When he was still young, Cummings Jefferson Otter PARTMENT OF DEFENSE APPRO- Davis (AL) Jenkins Oxley his family moved to Brooklyn, New Davis (CA) Jindal Pallone PRIATIONS ACT, 2007 York. As a young child there, he strug- Davis (IL) Johnson (CT) Pascrell Mr. YOUNG of Florida. Mr. Speaker, gled in a tough urban environment and Davis (KY) Johnson (IL) Pastor Davis (TN) Johnson, E. B. Pearce I ask unanimous consent that in the as a youngster got into a certain Davis, Jo Ann Johnson, Sam Pelosi engrossment of the bill, H.R. 5631, the amount of trouble. Davis, Tom Jones (NC) Pence Clerk be authorized to make technical He was sent upstate to Wiltwyck Deal (GA) Jones (OH) Peterson (MN) DeFazio Kanjorski Peterson (PA) corrections and conforming changes to School For Boys where, under the prop- DeGette Kaptur Petri the bill. er kind of supervision, he began to turn Delahunt Keller Pickering The SPEAKER pro tempore. Is there his life around. He did so in a very dra- DeLauro Kelly Pitts objection to the request of the gen- matic way. He became associated with Dent Kennedy (MN) Platts Diaz-Balart, L. Kennedy (RI) Poe tleman from Florida? a very important boxing trainer named Diaz-Balart, M. Kildee Pombo There was no objection. Cus D’Amato, and at the age of 17 Dicks Kilpatrick (MI) Pomeroy f Floyd Patterson won a gold medal in Dingell Kind Porter the 1952 Helsinki Olympics, boxing as Doggett King (IA) Price (GA) REPORT ON H.R. 5647, DEPART- Doolittle King (NY) Price (NC) middleweight. Doyle Kingston Pryce (OH) MENTS OF LABOR, HEALTH AND He was known as a ‘‘gentleman Drake Kirk Putnam HUMAN SERVICES, AND EDU- boxer.’’ He was known as a gentleman Dreier Kline Radanovich CATION, AND RELATED AGEN- Duncan Knollenberg Rahall boxer because in the ring he knocked a Edwards Kolbe Ramstad CIES APPROPRIATIONS ACT, 2007 number of people out and a lot of peo- Ehlers Kuhl (NY) Rangel Mr. REGULA, from the Committee ple down, but he always helped them to Emanuel LaHood Regula Emerson Langevin Rehberg on Appropriations, submitted a privi- their feet. Engel Lantos Reichert leged report (Rept. No. 109–515) on the He had an amazing boxing career. In English (PA) Larsen (WA) Renzi bill (H.R. 5647) making appropriations 1956 he became the youngest boxer to Eshoo Larson (CT) Reyes for the Departments of Labor, Health win a world heavyweight champion- Etheridge Latham Reynolds Everett LaTourette Rogers (AL) and Human Services, and Education, ship, and in 1960 he became the first Farr Leach Rogers (KY) and related agencies for the fiscal year boxer to ever regain the world heavy- Fattah Levin Rogers (MI) ending September 30, 2007, and for weight championship. Feeney Lewis (CA) Rohrabacher Ferguson Lewis (KY) Ros-Lehtinen other purposes, which was referred to After an outstanding career in the Fitzpatrick (PA) Linder Ross the Union Calendar and ordered to be ring, where he set an extraordinary ex- Foley Lipinski Rothman printed. ample for other athletes, he eventually Forbes LoBiondo Roybal-Allard The SPEAKER pro tempore. Pursu- retired to a 17-acre farm that he pur- Ford Lofgren, Zoe Royce Fortenberry Lowey Ruppersberger ant to clause 1, rule XXI, all points of chased in New Paltz, New York. While Fossella Lucas Rush order are reserved on the bill. in his retirement, he served as the

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.090 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4314 CONGRESSIONAL RECORD — HOUSE June 20, 2006 chairman of the New York State Ath- it in celebration of the great life of into the International Boxing Hall of letic Commission. He counseled trou- Floyd Patterson. Fame in 1991. bled teens through the New York State Floyd Patterson once said, ‘‘They Following his retirement, he re- Office of Children’s Services. He wel- said I was the fighter who got knocked mained close to the sport, serving comed dozens of young men into his down the most, but I also got up the twice as chairman of the New York home and he trained numerous boxers most.’’ I am pleased to stand here on State Athletic Commission, and he re- in the boxing ring that he built in the the floor today to celebrate his life. signed from this post in 1998. barn on his farm. As you have already heard, he was Patterson passed away on May 11 in He gave generously of himself to the born in Waco, North Carolina; raised in his home in New Paltz, New York, at young men he trained and to the com- Brooklyn, New York; and rose from the age of 71, and as my other col- munities of the Hudson River Valley in humble beginnings to become the first leagues say, we join today in cele- New York, including his generous sup- two-time heavyweight champion of the brating the great life of Floyd Patter- port of the athletic facilities at New world. son. A lot of us choose different roads Paltz High School and the State Uni- You know that he is 1 of 11 children. to stardom and opportunity, but think versity College of New York at New I will not repeat that. of this, a man who was 1 of 11 children, Paltz. He represented the United States in who went from a man no one knew to Floyd Patterson was an extraor- the 1952 Olympics in Helsinki, Finland, a man who everyone in the world knew. dinary, one might say almost unique, bringing home the gold in the middle- So I thank you for joining me today individual. He came from a very dif- weight division. in celebrating the life of Floyd Patter- ficult set of circumstances. As a very He turned pro in 1952 under the man- son. young child he grew up in a set of very agement of Cus D’Amato, and all of us f dangerous circumstances, but he man- know what a famous trainer Cus REPORT ON RESOLUTION PRO- aged to move himself away from all of D’Amato was at the legendary Gra- VIDING FOR CONSIDERATION OF that and to realize the extraordinary mercy Gym. D’Amato in the 1980s H.R. 9, FANNIE LOU HAMER, physical potential that he possessed as would develop another heavyweight ROSA PARKS, AND CORETTA a human being and became the kind of champion by the name of Mike Tyson. SCOTT KING VOTING RIGHTS champion that I just described. At just 21, Patterson became the ACT REAUTHORIZATION AND He is an American worthy of honor youngest man to ever win the heavy- AMENDMENTS ACT OF 2006 and tribute and worthy of the recogni- weight championship with a fifth- tion of this Congress. I hope that all of round knockout of Archie Moore in Mr. LINCOLN DIAZ-BALART of Florida, the Members of this Congress will join 1956. In 1959, Patterson would suffer an from the Committee on Rules, sub- me in a resolution honoring him, his embarrassing loss to Ingemar mitted a privileged report (Rept. No. athletic career, and the contributions Johansson at Yankee Stadium that 109–516) on the resolution (H. Res. 878) that he made to countless other indi- cost him the heavyweight title. How- providing for consideration of the bill viduals whom he helped succeed in re- ever, Patterson would make a trium- (H.R. 9) to amend the Voting Rights alizing the potential of their lives. phant comeback and beat Johansson Act of 1965, which was referred to the Floyd Patterson, an extraordinary and become the first man to regain the House Calendar and ordered to be boxer, an extraordinary American, an heavyweight title. printed. outstanding, extraordinary human Though he was known as a shy and f being. I am proud to celebrate his life. quiet man, he had what critics call a ‘‘big man’s punch,’’ and in one match THREE BROTHERS OF THE BAND f he knocked down his opponent 11 OF BROTHERS b 2200 times. He had a unique style of holding The SPEAKER pro tempore. Under a his gloves high in front of his face and previous order of the House, the gen- IN CELEBRATION OF THE LIFE OF leaping in with hooks. tleman from Texas (Mr. POE) is recog- FLOYD PATTERSON Floyd Patterson, as a boxer, was con- nized for 5 minutes. Mrs. JONES of Ohio. Mr. Speaker, I sidered a small heavyweight; however, Mr. POE. Mr. Speaker, they were ask unanimous consent to follow Mr. he competed against some of the giants called the Screaming Eagles of World HINCHEY in the RECORD because my re- of the boxing word. He went up against War II. They jumped into Normandy marks are about Floyd Patterson as some of the best in boxing world, in- into the wet darkness of the night be- well. cluding Sonny Liston and Muhammad fore sunrise on D–Day, June 6, 1944. The SPEAKER pro tempore (Mr. Ali. They held off the Germans in the dead MARCHANT). Without objection, the He would lose his title to Sonny of winter in the Battle of the Bulge in gentlewoman from Ohio is recognized Liston in a first-round knockout. Fol- a small Belgian town called Bastogne. for 5 minutes. lowing his loss to Liston, Patterson Even though completely surrounded, There was no objection. fought for 10 years, getting three more they replied to the demands of the Ger- Mrs. JONES of Ohio. Mr. Speaker, I shots at the title, but never regaining mans to surrender with that famous want to thank my colleagues for allow- it. statement of their commander, ing me to proceed at this time. He fought Muhammad Ali in 1965. De- ‘‘Nuts.’’ I rise today as well in honor of one of spite taking a devastating beating They are the 101st Airborne of the the greatest boxers of all times. Unfor- from Ali, he lasted until the 12th United States Army. They are the tunately, at the time of his death, we round. Ali, who was angry because Pat- Band of Brothers. The 101st is still on were engaged in so many different ac- terson called him by his given name duty, and their legacy now continues tivities that we were unable to obtain Cassius Clay, taunted and toyed with in the blistering heat of Iraq. They are a Special Order or hour Special Order Patterson during the fight, peppering once again fighting the forces of tyr- to celebrate Floyd Patterson’s life. him with jabs and right hands while anny and terrorism. Those that know me know that I am asking him, what is my name, what is Recently, at an outpost near Bagh- one of the greatest boxing fans. It is al- my name? dad, American volunteers of the 101st ways a great opportunity for me to Patterson and Ali would later rec- found themselves surrounded and at- have a chance to turn on a boxing oncile when Patterson approached Ali tacked by the enemy. One soldier, Spe- match any chance I have the oppor- in a restaurant and said, hello, Muham- cialist David Babineau, was killed in tunity. mad Ali. They would remain friends, the skirmish. Private First Class Most recently, in fact week before and ironically, Patterson’s last fight Kristian Menchaca and Private First last, one of the young boxers said that would be against Muhammad Ali in Class Thomas Tucker were kidnapped, he wanted to be able to do what Floyd 1972. captured, and later, apparently, mur- Patterson had not been able to do, and Overall, Patterson finished with a dered. he came into the ring and was able to record of 55 wins 8 losses and 1 draw, Twenty-three-year-old Kristian win that boxing match. I think he did with 40 knockouts. He was inducted Menchaca was from my hometown of

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.222 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4315 Houston, Texas. The Army turned to place in the RECORD the fact that they take our children’s lives. They Kristian Menchaca’s life around. It these miners are from a region of our take fathers away from children and gave him a greater purpose, a higher country that has been home to genera- husbands away from wives. Oh, miner, calling. He leaves behind a wife, a fam- tions of coal miners with entire com- won’t you organize wherever you may ily, and lots of grateful Americans. munities dependent on the mines. be and make this a land of freedom for The terrorists that America fights in While the coal mines have gotten workers like you and me.’’ Iraq and Afghanistan, they take no somewhat safer with deaths steadily Mr. Speaker, I yield to the gentle- prisoners. They have no POW camps. declining as a result of stricter safety woman from California (Ms. WATERS). While the media here is bemoaning laws passed by the Congress of the Ms. WATERS. Thank you very much. some alleged improper events in Guan- United States, coal mining remains one I appreciate all of the work that you tanamo Bay prison about some cap- of our Nation’s most dangerous profes- have done and the attention that you tured terrorist that got their feelings sions. have given to the coal mining issue, hurt while in custody, they would do This year has been a particularly and the fact that you have been trying better to point out terrorists execute deadly year. Our Nation held its breath to get this Congress to focus in real their prisoners. before learning of the 12 deaths at the and concrete ways. What has happened Terrorists kill everybody because Sago Mine in West Virginia, and then over the past year is just indescribable, terrorists hate everybody that believes we mourned with the families in Har- and I think avoidable. in freedom. They kill children, the el- lan County, Kentucky, after learning We need to do all that you have told derly, the weak, the innocent, and they of the deaths of five miners killed at us over the past months that we need even murder captured American sol- the Darby Mine in May. to do to ensure safety in the mines, and diers. With the year just half over, we have I just appreciate the fact that you are This enemy we fight in the desert already seen 33 coal mining deaths 6 here representing not only the people sands of Iraq and Afghanistan are evil months into this year. in your district in all the ways that you do, but that you have once again villains who oppose our righteous and b 2210 focused your time and your energy on just cause to proclaim freedom The names of Harlan County’s most this very important issue. throughout the world. recent fatalities, Roy Middleton, Amon Ms. KAPTUR. Thank you very much, News reports claim the attackers of ‘‘Cotton’’ Brock, Jimmy D. Lee, and Ms. WATERS. I could have no one that I the outpost all wore masks to cover George William Petra and Paris Thom- admire more in terms of her love of their faces. Mr. Speaker, outlaws and as, Jr., will now be added to a memo- community and her complete dedica- bandits of the Old West wore masks to rial honoring the ultimate sacrifice tion to those who don’t have enough disguise who they were because they, made by 1,200 coal miners that were voice in this Congress of the United like these terrorists, covered up their killed in Harlan County since 1912. States. To have that compliment from wicked intentions of destruction of ev- Harlan County has been the site of you means a great deal to me this erything that is good and right. mammoth labor organizing battles be- evening. Thank you. But like the outlaws of yesteryear, tween the United Mine Workers strike f each of these criminals will be hunted, and the region’s coal mining compa- tracked and brought to a speedy end, nies. The bloody strikes of the 1930s CONTINUATION OF NATIONAL because the 101st Airborne is on patrol and 1973 earned Harlan County the EMERGENCY WITH RESPECT TO in the hot hills of Iraq. nickname ‘‘Bloody Harlan.’’ Coal min- RISK OF NUCLEAR PROLIFERA- These terrorists have messed with ers from this region know all too well TION CREATED BY ACCUMULA- the wrong people. These American sol- the dangers of this dirty and dangerous TION OF WEAPONS-USABLE diers fear no enemy. You see, they are business. FISSILE MATERIAL IN TERRI- brothers. They are the Band of Broth- The five miners from the Darby mine TORY OF RUSSIAN FEDERA- ers, and while three of them have given in Harlan County have joined another TION—MESSAGE FROM THE their lives for liberty, it will be the 104,574 miners that perished in our Na- PRESIDENT OF THE UNITED wrath of the remaining brothers that tion’s coal mines since 1900. To put this STATES (H. DOC. NO. 109–115) these terrorists will experience. The into perspective, this number would be The SPEAKER pro tempore laid be- terrorists will be introduced to judg- about equivalent to one-third of the en- fore the House the following message ment day. tire population of the largest city I from the President of the United Shakespeare said of the brothers in represent, Toledo, Ohio. And keep in States; which was read and, together Henry V how they will be regarded. He mind this number only accounts for with the accompanying papers, without said, ‘‘From this day to the ending of the actual deaths, not the countless objection, referred to the Committee the world, but we in it shall be remem- others that have been maimed in our on International Relations and ordered bered; we few, we happy few, we band of Nation’s dangerous mines. to be printed: brothers; for he today that sheds his On this 1-month anniversary of these To the Congress of the United States: blood with me shall be my brother.’’ horrific deaths, Congress can point to Section 202(d) of the National Emer- Tonight, we remember the strongest recently passed legislation. But you gencies Act (50 U.S.C. 1622(d)) provides of those unyielding warriors against know, Mr. Speaker, a couple hours’ ox- for the automatic termination of a na- terror, three members of the 101st Air- ygen won’t solve the problem either. tional emergency unless, prior to the borne, these Band of Brothers. This act certainly strengthens the anniversary date of its declaration, the And that’s just the way it is. mine safety requirements enforced by President publishes in the Federal Reg- f the Mine Safety and Health Adminis- ister and transmits to the Congress a tration, but what good does the law do notice stating that the emergency is to MINE SAFETY—HONORING THE for a grieving widow or an orphaned continue in effect beyond the anniver- MINERS OF HARLAN COUNTY child? sary date. In accordance with this pro- The SPEAKER pro tempore. Under a As our Nation struggles with another vision, I have sent the enclosed notice previous order of the House, the gentle- coal mining tragedy, I would like to to the Federal Register for publication, woman from Ohio (Ms. KAPTUR) is rec- place into the RECORD an old coal min- stating that the emergency declared ognized for 5 minutes. ing song, ‘‘Come All You Coal Miners,’’ with respect to the accumulation of a Ms. KAPTUR. Mr. Speaker, this day sung by Sarah Gunning. Hopefully, large volume of weapons-usable fissile of June 20, 2006, marks the 1-month an- some of the words in this song will re- material in the territory of the Rus- niversary of the mining disaster in mind us of those who have laid down sian Federation is to continue beyond Harlan County, Kentucky, where five their lives for us and the other 110,000 June 21, 2006. The most recent notice miners were killed in another mine ac- miners that go into the mines every continuing this emergency was pub- cident. day in this country facing death every lished in the Federal Register on June I started thinking about the history single one of those days. 20, 2005 (70 FR 35507). of Harlan County and in paying tribute Some of the words of the song read: It remains a major national security to these five brave Americans wanted ‘‘They take your very lifeblood, and goal of the United States to ensure

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.224 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4316 CONGRESSIONAL RECORD — HOUSE June 20, 2006 that fissile material removed from pressed support for the democratic as- tion with the Secretary of State, to Russian nuclear weapons pursuant to pirations of the Belarusian people and designate for such blocking any person various arms control and disarmament condemned the Belarusian govern- determined to have materially as- agreements is dedicated to peaceful ment’s human rights abuses, assaults sisted, sponsored, or provided financial, uses, subject to transparency meas- on democracy, and corruption. The material, or assisted, sponsored, or pro- ures, and protected from diversion to Belarusian authorities have resorted to vided financial, material, or techno- activities of proliferation concern. The intense repression in an attempt to logical support for, or goods or services accumulation of a large volume of preserve their power, including the dis- in support of, the activities listed weapons-usable fissile material in the appearance of four regime critics in above or any person listed in or des- territory of the Russian Federation 1999 and 2000, which the authorities ignated pursuant to the order. I further continues to pose an unusual and ex- have failed to investigate seriously de- authorized the Secretary of the Treas- traordinary threat to the national se- spite credible information linking top ury, after consultation with the Sec- curity and foreign policy of the United government officials to these acts. retary of State, to designate for such States. For this reason, I have deter- The undemocratic 2006 presidential blocking any person determined to be mined that it is necessary to continue election was only the latest example of owned or controlled by, or acting or the national emergency declared with the Belarusian government’s disregard purporting to act for or on behalf of, respect to the accumulation of a large for the rights of its own citizens. Hun- directly or indirectly, any person listed volume of weapons-usable fissile mate- dreds of civic and opposition activists in or designated pursuant to the other. rial in the territory of the Russian were arrested—and many beaten—both The Secretary of the Treasury, after Federation and maintain in force these before and after the vote for exercising consultation with the Secretary of emergency authorities to respond to their rights. The authorities forcibly State, is also authorized to remove any this threat. dispersed peaceful post-election dem- persons from the Annex to the order as GEORGE W. BUSH. onstrations. There is simply no place circumstances warrant. THE WHITE HOUSE, June 19, 2006. in a Europe whole and free for a regime I delegated to the Secretary of the Treasury, after consultation with the f of this kind. The order also takes an important Secretary of State, the authority to BLOCKING PROPERTY OF PERSONS step in the fight against public corrup- take such actions, including the pro- IN CONNECTION WITH SITUATION tion, which threatens important mulgation of rules and regulations, and IN BELARUS—MESSAGE FROM United States interests globally, in- to employ all powers granted to the THE PRESIDENT OF THE UNITED cluding ensuring security and stability, President by IEEPA, as may be nec- STATES (H. DOC. NO. 109–116) the rule of law and core democratic essary to carry out the purposes of the The SPEAKER pro tempore laid be- values, advancing prosperity, and cre- order. All executive agencies are di- fore the House the following message ating a level playing field for lawful rected to take all appropriate measures from the President of the United business activities. As noted in Procla- within their authority to carry out the States; which was read and, together mation 8015, the persistent acts of cor- provisions of the order. with the accompanying papers, without ruption by Belarusian government offi- The order, a copy of which is en- closed, was effective at 12:01 a.m. east- objection, referred to the Committee cials in the performance of public func- ern daylight time on June 19, 2006. on International Relations and ordered tions has played a significant role in GEORGE W. BUSH. to be printed: frustrating the Belarusian people’s as- THE WHITE HOUSE, June 19, 2006. To the Congress of the United States: pirations for democracy. This order au- Consistent with subsection 204(b) of thorizes the Secretary of the Treasury f the International Emergency Eco- to block the asserts of senior-level offi- HONORING WINSTON-SALEM FIRE nomic Powers Act, 50 U.S.C. cials of the Government of Belarus, AND RESCUE TEAM 1703(b)(IEEPA), and section 301 of the their family members, or those closely The SPEAKER pro tempore. Under a National Emergencies Act, 50 U.S.C. linked to such officials engaged in such previous order of the House, the gentle- 1631 (NEA), I hereby report that I have corruption. woman from North Carolina (Ms. FOXX) issued an Executive Order (the This, pursuant to IEEPA and the is recognized for 5 minutes. ‘‘order’’) blocking the property of per- NEA, I have determined that these ac- Ms. FOXX. Mr. Speaker, I rise today sons in connection with the situation tions and circumstances constitute an to recognize and congratulate the Win- in Belarus. In that order, I declared a unusual and extraordinary threat to ston-Salem Fire and Rescue Team for national emergency with respect to the the national security and foreign pol- their tremendous efforts participating policies and actions of certain individ- icy of the United States, and I have in the World Championship Firefighter uals in Belarus, to address the unusual issued the order to deal with this Combat Challenge. The world finals of and extraordinary threat to the na- threat. this competition were held in Deerfield tional security and foreign policy of The order blocks the property and in- Beach, Florida, late last year. Over the United States posed by the actions terests in property in the United 1,500 firefighters from around the and circumstances involving Belarus, States, or in the possession or control globe, including members from every as described below. This action follows of United States persons, of the persons branch of our military, descended on the issuance of Proclamation 8015 of listed in the Annex to the order, as Deerfield Beach to compete for the May 12, 2006, ‘‘Suspension of Entry as well as of any person determined by right to be called the ‘‘best of the brav- Immigrants and Nonimmigrants of the Secretary of the Treasury, after est.’’ Persons Responsible for Policies or Ac- consultation with the Secretary of While wearing full firefighting gear, tions That Threaten the Transition to State: teams from across the United States Democracy in Belarus,’’ in which I de- —to be responsible for, or to have raced through obstacle courses that termined that it is in the interest of participated in, actions or policies that mirrored the real demands and chal- the United States to suspend the entry undermine democratic processes or in- lenges of firefighting. I am proud to into the United States of members of stitutions in Belarus; say that one of the teams in the com- the government of Alyaksandr —to be responsible for, or to have petition was made up of six brave fire- Lukashenka and others who formulate, participated in, human rights abuses fighters from Winston-Salem, North implement, participate in, or benefit related to political repression in Carolina, which is located in the Fifth from policies or actions, including elec- Belarus; Congressional District. Joining them toral fraud, human rights abuses, and —to be a senior-level official, a fam- were 10 firefighters from the adjacent corruption, that undermine or injure ily member of such official, or a person city of Greensboro. This great group is democratic institutions or impede the closely linked to such an official who is often referred to as ‘‘the ambassadors transition to democracy in Belarus. responsible for or has engaged in public of the State of North Carolina.’’ The United States, the European corruption related to Belarus. Teams competed in several divisions Union, and other allies and partners The order also authorizes the Sec- in the week-long competition. Win- around the world have repeatedly ex- retary of the Treasury, after consulta- ston-Salem team members Duane

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.094 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4317 Creek and Ricky Brown finished second able to take over the responsibility of HONORING THERE’S NO PLACE in the over-40 male Tandem Relay and providing security to their fellow coun- LIKE HOME Robert Klingersmith and Jesse Walker trymen while allowing our men and The SPEAKER pro tempore. Under a of the Greensboro Fire Department women in uniform to return home. previous order of the House, the gen- teamed up to grab second in the over- But the sad fact is Iraqis are not as- tleman from New Hampshire (Mr. 50 male Tandem Relay. Kelvin Astrop, suming this role. Instead, our troops BRADLEY) is recognized for 5 minutes. Ricky Brown, and Duane Creek also who are put in harm’s way are the ones Mr. BRADLEY of New Hampshire. finished with individual qualification paying the price for this administra- Mr. Speaker, I rise today to pay tribute times fast enough to compete for the tion’s mistaken and misguided war. to a New Hampshire organization individual finals. They have been assuming this role and called There’s No Place Like Home. The highlight of the competition was will continue to do so indefinitely until This group is a committee of volun- when Winston-Salem team members this President’s irresponsible leader- teers who have made a commitment to Duane Creek, Ricky Brown, Kelvin ship is challenged and changed. helping those who are most in need, Astrop, John Pennington and Robert Furthermore, Mr. Speaker, the ad- those who have lost their homes to a Klingersmith went head-to-head ministration constantly tells the natural disaster. The mission of No against team Dr. Pepper, the 2004 American people that progress is being Place Like Home is to raise funds and World Champions, and defeated them made on the war. For example, when organize volunteers to build homes for in the over-40 relay. the formation of the Iraqi Government families who lack the resources to re- Mr. Speaker, I am honored to rep- was announced, President Bush said build after their home has been lost to resent these courageous firemen and the Iraqis had reached a ‘‘turning a natural disaster. congratulate them on their achieve- point.’’ At least five times since the be- There’s No Place Like Home was ments. ginning of the Iraq war, President Bush founded in response to the tragic losses f has declared that Iraq has reached a suffered in the wake of Hurricane turning point. Yet after each milestone Katrina and Hurricane Rita. The idea OUT OF IRAQ CAUCUS was achieved, violence in Iraq grew came from the building trades program The SPEAKER pro tempore. Under a progressively worse, and more U.S. sol- at Somersworth High School, which previous order of the House, the gentle- diers have died or been injured. takes on a building project each and woman from California (Ms. WATERS) is The most infamous turning point was every year. The students in this pro- recognized for 5 minutes. on May 1, 2003, when President Bush gram were so moved by the devastation Ms. WATERS. Mr. Speaker, I rise to- rolled out and declared ‘‘Mission Ac- caused by Hurricane Katrina, that they night to continue the debate on Iraq, complished’’ aboard the USS Abraham decided they would build a home to the war in Iraq. I rise to continue this Lincoln. At that point, 139 U.S. service- send from New Hampshire to a deserv- debate because those of us who are part men and -women had died in Iraq. ing family in the gulf coast as their of the Out of Iraq Caucus, and I am the Today that number has grown to 2,502 project for this year. Chair of that caucus, do not intend to U.S. servicemen and -women who have After working hard all year, the stu- have a debate organized for one day died in Iraq. dents recently completed the first and have people going away saying, Furthermore, the violence against home, and it is on its way, as we speak, well, we took care of that. Iraqis has grown almost beyond com- to Louisiana. Having been successful b 2220 prehension. It is estimated that be- on this first project, the students are tween 138 and 242 Iraqis have died so now going to build a second home to This debate must continue because far this month alone. They die from car send to another family in our gulf the truth must be told. bombings, assassinations and other coast. Over the weekend, we received ter- violent acts. In addition to the students that are rible news. Two of our soldiers, Private Today alone, news report indicate building this home, there are several First Class Kristian Menchaca of Texas that at least 11 Iraqis were killed in a people whose involvement have made and Private First Class Thomas Tucker string of bombings across Iraq. In this project possible. They are: There’s of Oregon were captured by insurgents, short, the progress that the adminis- No Place Like Home team, consisting reportedly al Qaeda operatives in Iraq. tration and its supporters cite in Iraq of the program development coordi- Today their bodies were found. Their does not exist. nator Paula Young, program director bodies showed signs of torture, leading The administration went into war Pastor Bernie Quinn of the Rochester an Iraqi Defense Ministry official to with rose-colored glasses on. They Grace Community Church, the con- say that they were ‘‘killed in a bar- promised the American people that the struction coordinator Roy Darling, and baric way.’’ I extend my deepest sym- war had been adequately justified, the building trades instructor Brian pathies to the families and friends of planned and could be an affordable un- Patterson. Private Menchaca and Private Tucker. dertaking. These individuals are passionately Our thoughts and our prayers are with Unfortunately, the facts on the committed to this cause. They have them and all those who have lost loved ground show differently. The war has been working hard to raise funds, find ones in this war. gone on for more than 3 years, and by deserving recipients of a home, and Mr. Speaker, the President con- the end of this year, the total cost of oversee the students and the construc- stantly tells us that ‘‘as Iraqis stand the war will be $450 billion. tion. They have worked tirelessly to up, we will stand down.’’ This is the Mr. Speaker, it is time for us to rede- support this laudable project from its President’s way of describing in a rath- ploy our troops from Iraq and end the conception, and they deserve a world of er vague and evasive manner our in- war in Iraq. The best way to accom- thanks for their efforts. volvement in Iraq, our continued in- plish these goals is to pass the Murtha I would also like to thank the mem- volvement in Iraq. resolution, H.J. Res. 73, which would bers of the New Hampshire National According to the Department of De- redeploy U.S. forces from Iraq. The res- Guard who are in charge of the impor- fense, significant progress is being olution says no more U.S. troops sent tant task of transporting the finished made in training Iraqis to assume secu- to Iraq, and that the troops in Iraq will home to Louisiana, and the many busi- rity responsibilities in Iraq. The De- be redeployed as soon as possible, a nesses and sponsors in New Hampshire fense Department trumpets the news judgment made by military officials on who have donated supplies, money and that 250,000 Iraqi military are either the ground. time to this organization. fully trained or nearly fully trained to Section 2 says that a group of ma- I had the opportunity to twice visit provide security throughout Iraq. Well, rines will remain in the Middle East to with the students of Somersworth High my question to the administration is: respond to threats that destabilize our School, the first time while they were What are they doing? What are these allies in the region or the national se- building the home and just yesterday trained Iraqi soldiers doing? curity of the United States. after it was completed. To see these If they are so trained as the adminis- I wish could go into it more, but I students, fine young Americans hard at tration says they are, they should be have run out of time. work using their skills to help families

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.228 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4318 CONGRESSIONAL RECORD — HOUSE June 20, 2006 in need, was truly remarkable and for camps next to people who are just like 1-YEAR ANNIVERSARY OF THE me very inspiring. I was impressed not us. Once that happens, you never for- KELO DECISION only by the quality of their work, but get. The SPEAKER pro tempore (Mr. certainly by the compassion that they I know. I went to the refugee camps MARCHANT). Under a previous order of displayed for the family receiving this in Darfur last year as part of a bipar- the House, the gentleman from New home. tisan congressional delegation. You Jersey (Mr. GARRETT) is recognized for I wish There’s No Place Like Home don’t forget people jammed into a ref- 5 minutes. continued success and hope they are ugee camp who pass you handwritten Mr. GARRETT of New Jersey. Mr. able to inspire other organizations to notes asking you to tell the world that Speaker, this Friday is the 1-year anni- follow their lead. The founders of this they exist and not to forget them. versary of the United States Supreme organization, like Paula Young and all There are those who refuse to forget. Court’s decision of Kelo v. City of New of the volunteers, are to be commended A megastar like Angelina Jolie will- London. And this decision has wide- for their hard work and their commit- ingly trades on her name to focus glob- ranging constitutional ramifications, ment to giving back to the greater al attention on poverty and homeless- most notably the grasping at rights good of our Nation. ness. Angelina is a U.N. goodwill am- guaranteed by our guiding document, I am honored to represent such car- bassador whose works speak louder the Constitution. That is the reason ing, civic-minded citizens in the U.S. than words and whose words echo that we dedicate this week’s Congres- House of Representatives. through capitols, including this one. sional Constitution Caucus to discuss f Angie is redefining the phrase, ‘‘one this case. person can make a difference.’’ She The fifth amendment clause, the so- WORLD REFUGEE DAY will make a difference again tonight as called ‘‘taking clause,’’ the one cited The SPEAKER pro tempore. Under a she goes on CNN to tell the world first- by the Court here and cited by the city previous order of the House, the gen- hand about the millions of people as well to allow them to take homes tleman from Washington (Mr. around the world who want nothing from various families away from them MCDERMOTT) is recognized for 5 min- more than to go home. But they cannot and give them to other private individ- utes. do it alone. Watch, learn, and listen. uals, that clause, the power of eminent Mr. MCDERMOTT. Mr. Speaker, of In a world united by technology, we domain, that is not a positive grant of all the urgent matters in the world remain divided by brutal conflicts with power to the government. Rather, that today, and there are many, none is millions of innocent victims homeless is an express limitation on the powers more poignant than the plight of mil- and held hostage, and that is where of the government. In other words, our lions of homeless refugees in countries they will remain until the nations of Constitution expressly limits the pow- like Africa, Asia and Latin America, the world intercede. ers the government has to take away and here in the United States. Nations rally behind leaders, polit- your property or mine. There are 8.4 million refugees world- ical or otherwise, and nations are be- James Madison once said: ‘‘As a man wide. Some were displaced because of ginning to hear the voices of people is said to have a right to his property, natural disasters. Most were forced to like Ms. Jolie. he may be equally said to have prop- flee their homes and their homeland The United Nations tells us that 6 erty in his rights.’’ and loved ones to avoid being killed be- million people have returned to their Our Founding Fathers understood cause of persecution, civil war and out- homelands in recent years. That is dra- that private ownership of property is right genocide. matic progress, but the world has a vital. It is vital to our freedom and to They were forced to flee through no long way to go before human liberty is our prosperity as well. Yet our own, fault of their own, and were forced to protected in every nation. very own U.S. Supreme Court issued a abandon their belongings and their All too often, refugees return home very narrow 5–4 decision in the Kelo v. lives. They fled with the clothes on to find their towns and villages com- City of New London case, giving local their back, memories and hopes that pletely destroyed. And all too often, governments broad powers to seize pri- one day they would go home again. new conflicts disenfranchise or endan- vate property from one private party Today we meet some of these people. ger new people. and to give it to another private party, This is World Refugee Day, organized From afar it seems almost impossible citing nothing more than a subjective by the United Nations to focus atten- to believe that one person can make a claim of sorts, a claim of economic de- tion on the millions of innocent people difference. Then I remember the scraps velopment and something called public who are entitled to live and not merely of paper with personal notes handed to benefit. survive. me in Darfur. You recognize the work But once again, the highest court in of organizations like Save the Children the land has shown its inability to in- b 2230 representing millions of Americans. terpret the Constitution and defend the Every one of those 8.4 million refu- You meet people like Bono and get to liberties and freedoms that our fore- gees has a personal story. They hope, know people like Angelina, and pretty fathers so desperately envisioned when as we do, for healthy children, a bright soon you realize that we are all in this they established this great Nation. In- future and peace and security in their together. You recognize that refugees stead, this unelected body just across lives. They long for a standard of living haven’t given up. How can we? the street seeks now to make its own measured by dignity, not by personal Today is the day to see the faces and law for the land. possessions. hear the voices of those who don’t have For over a generation, our judicial And it is within our power to make a a home, but do have a heart. branch in this country has headed difference. I think of it this way: if a Today is the day to meet the people down what we call the old proverbial million people make one small dif- who are worth fighting for, who believe slippery slope of overstepping their ference today, the world will wake up that hope can triumph over despair and bounds, and this decision is judicial ac- tomorrow a much different place. that courage can overcome adversity tivism at its worst. Almost every day I wear a tie from and that every person on Earth is enti- I bring with me tonight a book that Save the Children, although I left it off tled to a life of dignity. is called ‘‘Constitutional Chaos.’’ It today, because Save the Children does, Do the world a favor. Change the tel- was written by actually a constituent and lots of Americans help them. There evision channel tonight. Watch and of mine, a former judge in the Fifth are other noble organizations just like learn the news on CNN as they help us Congressional District. This is Judge them. Organizations like World Vision face the world in which we live. Listen Andrew Napolitano. Members may in my congressional district respond to humanitarian leaders like Angelina. know that name from seeing it on TV. every day to the needs of people in She will help you understand and And I want to cite something he that places like Darfur. The need always change the world that we can all make he says in his book talking about this outstrips the available resources. But a difference. There is no one who can’t taking by the courts. He says, we have no one gives up. They just dig deeper. make a difference for a refugee in this seen in the past the proper function of They have been there on the ground in world. eminent domain, the government’s

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.230 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4319 taking of lands for use by the public. POWER SHARING NEEDS Advised by the United Nations, the And the radical transformation of the BIPARTISAN ASSISTANCE Kosovo Parliament will be chosen by taking clause to mean public benefit The SPEAKER pro tempore. Under a direct elections with special arrange- rather than the public use. And this previous order of the House, the gen- ments for Serb and other minority began, this change, this radical change tleman from New York (Mr. OWENS) is groups to be represented. Billions of began in the early 20th century, back recognized for 5 minutes. United States dollars have been spent from 1936 on in a New York City case. Mr. OWENS. Mr. Speaker, power in Kosovo to achieve this outcome. In Iraq the United States advisers are There the court determined that sharing and the Voting Rights Act will be on the agenda tomorrow. The United insisting on an all-inclusive govern- slum clearance would be a public use, States Voting Rights Act, launched ment with the dominant majority Shi- that was a good use, taking away peo- and guided by President Lyndon John- ites sharing power with the minority ple’s homes from one set of cir- son, was a front line cutting-edge inno- groups such as the Sunnis and the cumstances and giving it someplace vation in constitutional democratic Kurds. else. And he says, ‘‘This is a quin- government. The turmoil and conflict Our Voting Rights Act, which we are tessential private use. The government of the civil rights struggle was brought about to renew and extend, is very took the land from private individuals to a high level, successful, peaceful much in harmony with an escalating so that other private individuals could conclusion with the passage of the Vot- international consensus which empha- use that land to live on.’’ ing Rights Act. sizes the fact that power sharing pro- Then he goes on to say, the Court b 2240 motes good government and peace. blatantly ignored the fact that the Shortsighted efforts to dilute the pro- We could hold up to the world a new visions of the Voting Rights Act must Constitution uses the phrase ‘‘public refinement in democratic governance. be defeated. This act goes as far as our use’’ rather than ‘‘public benefit.’’ And That was in 1967. Today in 2006 we Constitution will allow us in order to the Court concluded ‘‘the law of each should take note of the fact that the create opportunities for minority rep- age is ultimately what the age thinks Government of Norway has established resentation. However, beyond the law the law should be.’’ a new frontline for democratic inclu- the time has come for each of the polit- siveness. Last January Norway passed What a scary thought that is, if the ical parties to adopt platforms and po- a law mandating that 40 percent of the courts really take that view that the sitions which further enhance the high- board members of all major corpora- law can simply change from age to age ly desirable goal of power sharing. Be- to age, and that there are no firm foun- tions, private and public, must be women. This is a far-reaching and bold yond opportunity for minority rep- dations from one generation to the resentation, the Republican Party and next. action; however, it reflects a mush- rooming trend toward the goal of a fair the Democratic Party should assume Our government, both on the State and productive inclusiveness of all citi- positions and take actions to discour- and the Federal level, were intended to zens in vital decision-making proc- age and remove any roadblocks to the be limited with only certain specific esses. Norway is at one extreme, but greatest possible amounts of power powers being delegated by the people to there is a great deal between Norway sharing at all levels of government. the various branches. And the ability and our Voting Rights Act. There is bipartisan agreement that of the government to seize private As we consider reauthorization of the Kosovo, Rwanda, and Iraq must have property from its citizens far exceeds Voting Rights Act, we should look be- power sharing. At home we can offer no the authority the people have bestowed yond our borders. A serious examina- less to our minorities. The Voting upon it. And that authority may not be tion of the struggle for democracy Rights Act is our successful weapon of changed from generation to generation across the globe reveals that our Amer- mass construction, mass democratic to generation. ican constitutional democracy is not construction. We must support the re- newal of the Voting Rights Act. The Justices in the majority, while the final realization of the most per- fect governance structure that can be f they may have been well intentioned achieved. In fact, it may be that our and trying to provide what they cited PERSONAL PROPERTY RIGHTS American democracy is now being as economic development, had abso- AND THE KELO DECISION eclipsed by more a sophisticated set of lutely no constitutional authority to mutations of constitutional democ- The SPEAKER pro tempore (Mr. make those decisions. Certainly, not in racy. Our way, born in 1776, may within MARCHANT). Under a previous order of the liberty-grasping fashion that they a few decades appear to be a crude, out- the House, the gentleman from Utah did. dated approach to the rule of law with (Mr. BISHOP) is recognized for 5 min- So tonight I come here and, again, I justice for all. utes. call for limitations on the courts’ juris- As of this date, one-third of the Mr. BISHOP of Utah. Mr. Speaker, diction before every one of our liberties world’s democratic governments have one of my top five movies of all time and freedoms are clutched from our some form of mandates or incentives was the 1968 cult classic, the original very possessions as our homes now ap- for promoting ethnic minority or gen- Producers. And, of course, as you parently may be. And in light of this der representation. Norway, with its 40 know, that was the story of a Broad- anniversary, I recently introduced a percent mandate for female board rep- way producer who tried to find the resolution, again emphasizing this resentation on private company worst play possible to produce a Broad- body, this House’s disapproval of the boards, may be way out there ahead of way flop, and unfortunately it turned into a smash hit. And there is this won- majority opinion of the Supreme Court other governments; nevertheless, many derful scene where the producer Max and highlighting other positive actions others recognize the need to move out Bialystock looks at the audience in the we have taken, such as my amendment beyond the slow processes of tradition movie and says, ‘‘I chose the wrong recently to, in fact, a year ago to say and the prevailing power arrange- play, the wrong director, the wrong the Federal Government would not use ments. actor. Where did I go right?’’ our dollars to help facilitate these ac- Denmark and Germany elect minori- ties in their respective countries into Well, to me the Max Bialystock of tions. regional and national Parliaments. In government, the Supreme Court, some- You see, Mr. Speaker, the United Iran ethnic minorities such as Arme- times does the same thing, as their States, the greatest Nation in the nians and Jews have seats allocated for best laid plans and correct principles world, must always remain a Nation them in Parliament. The Pakistan end up in something simply messed up. where rights and liberties are cele- Government has provided for special As my good friend, the gentleman from brated, not a Nation where people live representation for minorities and New Jersey, spoke a moment ago, this in fear of those rights and liberties women in Parliament. Burundi guaran- week will be the 1-year anniversary of being instantaneously taken away by tees 40 percent of the Parliament and the Kelo decision. After years of harp- unelected judges covetous of policy- Cabinet positions to the Tutsi minority ing and praying and hoping the Su- making powers. and half the positions in the army. preme Court would actually take the

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.232 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4320 CONGRESSIONAL RECORD — HOUSE June 20, 2006 right concept and respect States As I stand to acknowledge that day, many linked these struggles to the his- rights, to respect the 10th amendment, I draw the House’s attention to a day I torical struggles of their ancestors. they did it for the first time and once believe that symbolizes the hopes and They wanted to be free of the again got it wrong. For in their respect dreams of many. Although the occasion Juneteenth celebration. for the process, the majority of the of Juneteenth happens to be a holiday This was evidenced as students began Court forgot the constitutional prin- that is celebrated by African Ameri- to participate in student demonstra- ciple involved. cans, it is, in fact, the oldest nation- tions involved in the Atlanta civil We have talked, as the Constitu- ally celebrated commemoration of the rights campaign in the early 1960s, who tional Caucus, a great deal about the ending of slavery in the United States. wore Juneteenth freedom buttons. concept of federalism. Federalism is So I say simply that it is symbolic of Again, in 1968, Juneteenth received an- not the same thing as States rights. people who are in need of empower- other strong resurgence through the Federalism is the idea of a balance be- ment. Poor Peoples March to Washington, tween the national and State govern- And, in fact, this celebration took D.C. Reverend Ralph David Abernathy ments solely for the purpose of pro- place in this country, and certainly in called for people of all races, creeds, tecting individual liberty and indi- the State of Texas, over the last 3 days, economic levels and professions to vidual property. States rights is deci- this past weekend. I participated with come to Washington to show their sup- sions and powers being made at the my colleagues in different States to port for the poor. State level, which usually produces the celebrate Juneteenth, as well as my Juneteenth has a way of generating proper result, but every once in a while constituents, on Saturday and Sunday the kind of compassion for the struggle has a history of abuse of power. and Monday. and, of course, a reason for fighting for This particular situation, the Kelo From its Galveston, Texas, origin in freedom. decision, is one of those, where one of 1865, the observance of June 19 is con- Let me thank Representative Al Ed- our good States in New England, both sidered the African American Emanci- wards, a constituent of mine and a State representative who can be called the local government and State de- pation Day even as it claimed a time the father of Juneteenth in the State cided to use eminent domain to take frame in which African Americans were of Texas, establishing the first State property from individuals not for the actually denied the knowledge of their holiday for African Americans, public good, but for economic develop- freedom. Those in Texas did not hear of Juneteenth, June 19, here in the State ment, a government abuse of property the declaration that President Lincoln of Texas that we have the opportunity rights for the sake of money. made until 1865. Fortunately, the dissenters of the to celebrate. Today Juneteenth commemorates, I He has not finished his work, for he Supreme Court clearly understood it. believe, African American freedom and continues to promote the Juneteenth In reading the words of the dissent on symbolically freedom around the Commission, and I am very proud that the Kelo situation, they said, ‘‘If such world. And that is why in the begin- on Monday morning, we opened and ‘economic development’ takings are for ning I stood and acknowledged this is christened the first Juneteenth statute a ‘public use,’ any taking is, and the World Refugee Day, for refugees are in the State of Texas. This holiday, Court has erased the public use clause looking for freedom and hope, and they however, is spreading across the coun- from our Constitution.’’ Further, he belong to us, and they are placed try as a symbol of freedom. said, ‘‘The takings clause also pro- around the world. Tomorrow we will have the oppor- hibits the government from taking This special day of Juneteenth, how- tunity, as we have had today, to ac- property except ‘for public use.’ Were it ever, emphasizes education and knowledge the that people are still otherwise, the takings clause would ei- achievement. It is a day, a week, and in struggling for freedom by World Ref- ther be meaningless or empty.’’ some areas a month marked with cele- ugee Day, but tomorrow this body will It was appropriate for this body, im- brations, guest speakers, picnics, and have the opportunity to reauthorize mediately after that decision, to pass family gatherings. the Voting Rights Act of 1965, now in both the resolution and the law con- b 2250 2006, now named the Fannie Lou Ham- demning those decisions. It is also ap- mer, Rosa Parks, and Coretta Scott It is a time for reflection and rejoic- propriate at the 1-year anniversary King Voting Rights Act. that we once again understand and re- ing. It is a time for assessment, self- I ask my colleagues in the name of view the significance of that concept of improvement and planning for the fu- Juneteenth and many other symbolic personal property rights. ture. But it is a time for reinvesting, holidays that establish and create free- The Supreme Court recently made a restoring ourselves. It relates to the dom, that we should stand tall for the decision this week dealing with wet- struggle of freedom. It reinforces the reauthorization of the Voting Rights lands cases. We are talking, as well as fact that freedom is not easy and it is Act. It should not be a political strug- the Senate, about the concept of death not free, and as those who stood wit- gle or a power struggle. It should be taxes. Both of those have at their core ness waiting in the State of Texas near the right struggle, the right thing to the understanding of the significance the Galveston Bay to find out whether do. and importance of personal property they were free, there are many who And for those who intend to offer rights. It is right and proper for us at still stand waiting for that call of free- what we call poison pill amendments, I the dedication of this anniversary of dom. would ask my colleagues to defeat this infamous decision on Kelo to once The growing popularity of them handily, because the Voting again restate and reunderstand our Juneteenth signifies a level of matu- Rights Act is a symbol of freedom for purpose and the purpose of this govern- rity and dignity in America long over- all, all colors, all creeds, to be able to ment, which is to protect personal due. In cities across the country, peo- suggest that every citizen has a right property. ple of all races, nationalities and reli- to vote. Whether they speak English or f gions are joining hands to truthfully not, Mr. Speaker, they have a right to acknowledge a period in our history vote, and these amendments that are JUNETEENTH that shaped and continues to influence being offered to undermine their voting The SPEAKER pro tempore. Under a our society today. Sensitized the ties rights say that if you are a citizen and previous order of the House, the gentle- to the conditions and experiences much you speak a different language, you woman from Texas (Ms. JACKSON-LEE) others only then can we make signifi- cannot have the protection of the Vot- is recognized for 5 minutes. cant and lasting improvements in our ing Rights Act. Ms. JACKSON-LEE of Texas. Mr. society. I ask my colleagues to join us in con- Speaker, I rise to acknowledge the The civil rights movement of the fif- tinuing the freedom statement of the World Refugee Day as we keep the ties and sixties yielded both positive Juneteenth holiday and to vote for the flame of hope alive, showing some 20.8 and negative results for the Juneteenth Voting Rights Act tomorrow. million internally displaced refugees celebrations. While it pulled many of Juneteenth is alive and well. fleeing persecution who are now look- the African American youth away and Mr. Speaker, I rise to mark the occasion of ing to the world to ask for relief. into the struggle for racial equality, Juneteenth, the oldest nationally celebrated

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.234 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4321 commemoration of the ending of slavery in the With the Voting Rights Act Reauthorization Now, it just so happens that the Gov- United States. From its Galveston, Texas ori- and Amendments Act of 2006 coming up on ernor of Texas is now our President, gin in 1865, the observance of June 19th as the floor tomorrow, it is important to remember and the interesting thing about the list the African American Emancipation Day has that the VRA is one of the most effective civil that was given from Texas to KATH- spread across the United States and beyond. rights statute ever enacted, and while its suc- ERINE HARRIS in Florida is that it was Today Juneteenth commemorates African- cesses has generated increased political not a list of convicted felons. The American freedom. This special day empha- power for many at the local, state, and federal Texas list was a list of those convicted sizes education and achievement. It is a day, levels, there is still much work to be done. of misdemeanors, thereby enlarging a week, and in some areas, a month marked Critical provisions of the Act, including the lan- the number of entrants on the with celebrations, guest speakers, picnics and guage assistance provisions contained within ChoicePoint list destined for Florida. family gatherings. It is a time for reflection and Section 203, are set to expire next year. The Now, why is this important? Because rejoicing. It is a time for assessment, self-im- right to vote is only meaningful when the lan- the method of disenfranchisement in provement and for planning the future. Its guage of the ballot and other election mate- Florida was to deny people the right to growing popularity signifies a level of maturity rials is fully comprehensible to the voter. vote based on fictitious felony convic- and dignity in America long over due. In cities Recently, a 9-foot bronze statue, created by tion records. And since KATHERINE across the country, people of all races, nation- Eddie Dixon of Lubbock, was erected in the HARRIS had told ChoicePoint that she alities and religions are joining hands to truth- city of Galveston, TX. The Statue depicts a only wanted an 80 percent match, an fully acknowledge a period in our history that man holding the state law that made example is that John Smythe, who had shaped and continues to influence our society Juneteenth a state holiday in 1979. It was at committed a misdemeanor in Texas, today. Sensitized to the conditions and experi- the Ashton Villa where Maj. Gen. Gordon say, for example, became John Smith, ences of others, only then can we make sig- Granger of the U.S. Army is believed to have a convicted felon in Florida. The list nificant and lasting improvements in our soci- read a proclamation on June 19, 1865, an- was labeled by race, so that the folks ety. nouncing that slaves were free. The historic down in Florida knew who would be de- The Civil Rights movement of the 50’s and emancipation proclamation enacted by Presi- nied the right to vote before the voting 60’s yielded both positive and negative results dent Abraham Lincoln went into effect Jan. 1, for the Juneteenth celebrations. While it pulled even started. 1863. Monday marked the 27th year that peo- As a result, ChoicePoint presented a many of the African American youth away and ple have gathered to celebrate Juneteenth. into the struggle for racial equality, many list of about 90,000 so-called convicted linked these struggles to the historical strug- f felons, whose only crime was being reg- gles of their ancestors. This was evidenced by ON THE ONGOING DISENFRAN- istered to vote in a battleground State student demonstrators involved in the Atlanta CHISEMENT OF BLACK VOTERS whose leaders were willing to commit crimes in order to deny people the civil rights campaign in the early 1960’s, whom The SPEAKER pro tempore (Mr. right to vote. And I am sorry that the wore Juneteenth freedom buttons. Again in MARCHANT). Under a previous order of Democrats didn’t fight this gross trav- 1968, Juneteenth received another strong re- the House, the gentlewoman from esty of justice carried out against surgence through Poor Peoples March to Georgia (Ms. MCKINNEY) is recognized black voters. Washington D.C.. Rev. Ralph Abernathy’s call for 5 minutes. Now, there will be folks who will say for people all races, creeds, economic levels Ms. MCKINNEY. Mr. Speaker, on the and professions to come to Washington to eve of the reauthorization of the Vot- that we don’t need a Voting Rights Act show support for the poor. Many of these ing Rights Act, I come to the floor to any more. If you ask George Wallace or attendees returned home and initiated say to that the dream of full participa- George Maddox or, for that matter, Juneteenth celebrations in areas previously tion by all Americans has yet to be ful- even Strom Thurmond back then, I am absent of such activity. In fact, two of the larg- filled. And, in fact, even at the dawn of sure they would have said you didn’t est Juneteenth celebrations founded after this a new century, black voters are still need a Voting Rights Act then too. I March are now held in Milwaukee and Min- confronted with a concerted effort to am sure they would have said no. neapolis. deny their right to vote when it is po- But if this gross disenfranchisement TEXAS BLAZES THE TRAIL litically necessary and expedient to do scheme could happen in 2000, it means On January 1, 1980, Juneteenth became an so. that the right to vote and the right to official state holiday through the efforts Rep. We can start with the fiasco that representation are still precious, so Al Edwards, an African American state legis- brought the current administration to precious that we have to have laws in lator. The successful passage of this bill power, the Florida vote of 2000. First of place to protect those who will not re- marked Juneteenth as the first emancipation all, in testimony from African Amer- spect the rights of their fellow Ameri- celebration granted official state recognition. ican voters in Florida, outright voter cans. Representative Edwards has since actively intimidation is documented in dozens Then in 2002 we learned that cross- sought to spread the observance of of cases. over voting can be used as effectively Juneteenth all across America. You know, the passage of time is a as the all-white primaries were to deny JUNETEENTH IN MODERN TIMES wonderful thing. It makes wine taste African American voters their right to Throughout the 80’s and 90’s Juneteenth better; it makes women look better; it choose their representatives. has continued to enjoy a growing and healthy makes us long for the days of good I am glad to know that BENNIE interest from communities and organizations music, however we define ‘‘good THOMPSON from Mississippi, our col- throughout the country. Institutions such as music.’’ The older songs always just league, has filed a lawsuit against Mis- the Smithsonian, the Henry Ford Museum and seem the best. sissippi’s open primary statute. We others have begun sponsoring Juneteenth- So, too, it is with information. But need to rid the South of open pri- centered activities. In recent years, a number with the passage of time, truth crushed maries, because, as in my State, they of National Juneteenth Organizations have to the Earth, rises. The ashes of the were enacted in the days when the lips arisen to take their place along side older or- Phoenix rise. of staunch segregationists dripped with ganizations—all with the mission to promote As a result of a town hall meeting the words of nullification and inter- and cultivate knowledge and appreciation of that I organized in Georgia, bringing in position. African American history and culture. the vice president of ChoicePoint, the The advent of the electronic voting Juneteenth today, celebrates African Amer- company hired by the Florida Board of machines offers another peril to the ican freedom while encouraging self-develop- Elections under the control of the then voting rights of all Americans who use ment and respect for all cultures. As it takes Secretary of State KATHERINE HARRIS, them. In my own district, those ma- on a more national and even global perspec- we now know that ChoicePoint was chines broke down, burned out, froze tive, the events of 1865 in Texas are not for- asked to provide an incorrect list of screens and cast votes for the can- gotten, for all of the roots tie back to this fertile supposed convicted felons who would be didate not intended by the voter. soil from which a national day of pride is grow- denied the right to vote in Florida. The In Georgia, our machines are also ing. The future of Juneteenth looks bright as only thing is that the list compiled by equipped with a wireless capability. the number of cities and states come on board ChoicePoint imported data from sev- That means that somebody who has and form local committees and organizations eral States; Ohio, New Jersey and got a Treo that is properly outfitted to coordinate the activities. Texas. can come in and change the outcome of

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.099 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4322 CONGRESSIONAL RECORD — HOUSE June 20, 2006 an election just by entering the signal By failing to serve as a check and It would require congressional hear- space of a voting machine. Since no ac- balance for overspending, waste, fraud ings when an agency’s auditors issue tion has been taken by the Federal and financial abuse within the execu- disclaimers or corrections, indicating Government to prevent any of these tive branch, this Republican-led Con- accounting information is inaccurate abuses, we can expect more of the gress has failed the American taxpayer. or incomplete. same. This President, this administration, It would require congressional hear- And speaking of voting machines, the allo- and this Republican-led Congress must ings at least twice a year to review the cation of those machines is also done to ma- be held accountable for our massive Office of Management and Budget’s nipulate the outcome. Who wants to wait 5 Federal debt. American taxpayers de- performance-based review program. hours in line in the rain to vote? Thousands of serve to know how their money is Mr. Speaker, wasteful government voters in Ohio had to do that and it just so being spent. spending must stop, and that is why it happened that they were black. Scholars and In 2004, $25 billion of Federal Govern- is time to restore some commonsense researchers have done the math. Voting ma- ment spending went absolutely unac- and fiscal discipline to our Nation’s chines were allocated not by the number of counted for, according to the Treasury government. It is time to restore ac- registered voters by precinct, but by some Department. The Bush administration countability to our Nation’s govern- other calculation. How could majority black was unable to determine where the ment. precincts in Columbus, OH have 3, 4, or 5 money had gone, how it was spent, or f what the American people got for their machines and have over 1,000 voters in their OUR UNITY precincts, and mostly Republican precincts in tax money. Even worse, the Repub- say, Dublin, OH had the same number of ma- lican-controlled Congress failed to hold The SPEAKER pro tempore. Under a chines for one third the number of voters? the executive branch accountable for previous order of the House, the gen- This pattern of devaluing and marginalizing this omission. tleman from Ohio (Mr. KUCINICH) is rec- the black vote was seen again in the recent Then, in 2005, the Government Ac- ognized for 5 minutes. Mayoral election in New Orleans. Here it was countability Office reported that 19 of Mr. KUCINICH. Mr. Speaker, in 2 not Republicans, but a conservative Demo- 24 Federal agencies were not in compli- weeks, we will be observing the 230th cratic Governor who blocked efforts to provide ance with all Federal accounting audit anniversary of our Declaration of Inde- electronic polling stations to enable hundreds standards and could not fully explain pendence, and I think it was on June of thousands of mostly Black Katrina survivors how they had spent taxpayer money 21, in 1788, that the State of New Hamp- the chance to vote. It was among the largest appropriated by this Republican-led shire was actually the ninth State to instance of African-American voter disfran- Congress. Yet, Republican leaders in ratify the Constitution of the United chisement since the enactment of the Voting Congress did not force these agencies States. Rights Act in 1965. to fully account for how the money was When the United States was founded, Since no action has been taken by the Fed- being spent before doling out billions there was a search for a national eral Government to prevent any of these more of taxpayer dollars to the same motto, and the first motto of our coun- abuses, we can expect more of the same. In programs. try, e pluribus unum, Latin, translates addition, in the coming Fall election we will FEMA continues to store over 9,000 to, out of many, we are one. see the introduction of electronic poll-books, mobile homes, as you can see here, in a The very words, United States, which are untested and non-transparent. Gov- pasture in Hope, Arkansas, while vic- speaks to the unity, not just of colo- ernor Ehrlich of Maryland, a Republican, has tims of Hurricane Katrina remain nies and then States, but really speaks deemed this new addition to the voting experi- homeless. FEMA’s response has been, to a deeper meaning of human unity. ence to be unreliable. well, we will make sure the manufac- Out of many, we are one. It is not sim- So, Mr. Speaker, who cares? We care. tured homes do not sink; we will spend ply unity in this country. It is the And that is why we need a Voting $4 million laying gravel in this pasture. unity of people all over the world. Rights Act. Not to tarry in the days of It is time FEMA was held accountable. This year, in our 230th year since we the past, but to protect us from en- It is time FEMA got these brand new, declared our independence, we find our- croachments on the right to vote that fully furnished, 14-foot-wide, 60-foot- selves gripped by a type of thinking occur today and that might be tried to- long mobile homes to the victims of which separates us from the rest of hu- morrow. Hurricane Katrina. manity, which causes the United American taxpayers deserve answers States to be locked into dichotomized f as to why their children and grand- thinking of us versus them, whoever b 2300 children have to foot the bill for the they are. fiscal mismanagement of this adminis- With that comes a very heavy price. RESTORING ACCOUNTABILITY tration. The time has come that this It comes a separation which has led us The SPEAKER pro tempore (Mr. administration is held accountable for to war. It comes a separation that has MARCHANT). Under a previous order of its reckless behavior. Congress must separated us from the ambitions of peo- the House, the gentleman from Arkan- act now to renew its constitutional re- ple all over the world who are hoping sas (Mr. ROSS) is recognized for 5 min- sponsibility to serve as a check and for a rising standard of living through utes. balance for overspending, waste, fraud having guarantees for workers rights, Mr. ROSS. Mr. Speaker, on behalf of and financial abuse within the execu- human rights, environmental quality the 37-Member strong, fiscally conserv- tive branch. principles, which they had hoped that ative, Democratic Blue Dog Coalition, That is why the Blue Dog Coalition is the United States would stand for. I rise this evening to talk about a very sponsoring legislation that would re- We separate ourselves from human important principle, and that is restor- quire Congress to renew its duty to unity by not participating in a wide ing accountability within our govern- conduct hearings on spending and hold range of international agreements, and ment. the administration officials account- yet we are the United States. Our very Under the United States Constitu- able. name speaks to unity. tion, Congress has an obligation to pro- One of the founders of the Blue Dog How then can we find ourselves again vide congressional oversight of the ex- Coalition, Mr. TANNER of Tennessee, as a Nation? How can we come to re- ecutive branch. Congressional over- has introduced H. Res. 841. Among connect with the deeper meaning of sight prevents waste and fraud, ensures other things, it would require congres- who we are? How can we step away executive compliance with the law, and sional hearings within 60 days of In- from this experience which since 9/11 evaluates executive performance. How- spector General reports that identify has taken us into a blind alley? ever, under the current leadership, waste, fraud, abuse or mismanagement If there was ever a time when this Congress has abandoned this responsi- of more than $1 million. country needed a period of truth and bility by failing to conduct meaningful It would require congressional hear- reconciliation, this is it. We find so investigations of allegations of serious ings when the Government Account- many of our fellow countrymen and waste, fraud, abuse and mismanage- ability Office names an agency ‘‘high women still believe that Iraq had some- ment of taxpayer dollars. risk’’ for mismanagement. thing to do with 9/11. It did not. But at

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.237 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4323 a time when 9/11 gave us an oppor- briefly urge my colleagues to take ac- believe very strongly that in an Amer- tunity to start a whole new national tion on raising the minimum wage. ica that honors work and in an Amer- discussion about who we are and how This is an action of fairness. It is the ica, the richest Nation on the face of we can reconnect with the world, deci- right thing to do. It is an issue of val- the Earth, that is an example for the sions were made which further sepa- ues. The American people believe it is rest of the world, we ought to make rated us. We went down a blind alley, the right thing to do. Eighty-six per- sure that those who work, those who and in that blind alley we remain, un- cent of them have said we ought to get up in the morning and work hard, aware of the truth behind 9/11, not with raise the minimum wage. play by the rules, as Bill Clinton used respect to who did it, but with respect This issue clearly illustrates the dif- to say, ought to get a decent, fair to what is our role in the world, what ferent priorities, it seems to me, be- wage. is America’s position in the world. tween the Democratic and Republican Mr. Speaker, I hope that when this This, the 230th year of our experience sides of the aisle. We Democrats have bill comes forward that every Member of declaring independence, is a perfect been trying to get this issue on the of this House will vote for a rule that time for us to recommit ourselves to floor for years now. ensures an up-or-down vote on raising perhaps call for a declaration of inter- Let us look at the facts, Mr. Speaker. the minimum wage in America for all dependence, accompanied by a vision Democrats have been fighting to raise our workers who work at that level. which sees the world as one, which sees the minimum wage from $5.15 to $7.25 There are 6.6 million people, Mr. the world as being interconnected and an hour over 2 years. Today, if the min- Speaker, 6.6 million Americans trying interdependent, which understands imum wage were at the rate it was in to support themselves and partici- that when we build nuclear weapons, 1968, we would be paying $9.05. We are pating in helping to support their chil- we, the United States, threaten the not getting there, but we ought to do dren and their families. It is the right world; that we have a responsibility to better than we have done. thing to do. lead with nuclear non-proliferation; Unfortunately, Mr. Speaker, the Re- Over 86 percent of Americans think it that we have the responsibility to lead publican side of the aisle is fighting us is the right thing to do and the House with the biological weapons conven- tooth and nail while attempting this of Representatives ought to do the tion, fully participating in that, and week to bring up legislation once again right thing. the chemical weapons convention and that gives the heirs of the wealthiest And, five of those seven Republicans who the small arms treaty and the land families in America a break on the es- voted with Democrats last week flip-flopped. mine treaty, to join the International tates tax and drive our Nation even The other two failed to vote. Criminal Court, to sign the Kyoto cli- deeper into debt. That is right, while And, the amendment failed. mate change treaty, to truly partici- the working people struggle to make Mr. Speaker, the failure of this Congress to pate the entire world. ends meet, doing what we expect them act on the minimum wage is a national embar- We are independent, but we are also to do, this Congress is rushing an es- rassment. interdependent, and there is no par- tate tax bill, what I call the ‘‘Paris Hil- It has been 9 years since we last raised the adox there. It is a fact that both of ton Tax Relief Act,’’ to the floor. Federal minimum wage—the second longest those modalities can and must exist si- Of course, as usual, the bill is not period without an increase since a minimum multaneously in order for our Nation paid for and continues the majority’s wage was first enacted. to be healthy, in order for us to grow. fiscal irresponsibility and will increase Today, the minimum wage is at its lowest our costs of borrowing by $280 billion level in 50 years, when adjusted for inflation. b 2310 over the next 10 years. We are bor- Had the minimum wage been indexed for in- Mr. Speaker, although I didn’t really rowing because we have no money to flation since 1968, it would be $9.05 an hour agree with many of his policies, one of give a tax cut, so we are going to have today—not $5.15. the President’s I admired the most was to borrow it from other nations. People who work full-time in the United Ronald Reagan, because I saw him as Last week, in the Appropriations States of America—the richest nation on being connected to the optimistic na- Committee, I offered an amendment to earth—should not be poor. ture of America. One of the casualties the fiscal year 2007 labor-health bill. But in 2003 there were 3.7 million workers of 9/11 has been our optimism, our cour- That amendment passed, raising the who worked full-time, year-round, and still age. minimum wage 70 cents on each of the lived in poverty. This Nation has the capacity to be next Januarys, 2007, 2908 and 2009, And, let’s disabuse ourselves of this notion much more than it is today, and bringing to $7.25 the minimum wage. that ‘‘no one’’ really makes the minimum wage whether we are Democrats or Repub- Seven Republicans, Mr. Speaker, on any more. licans, we need to try to search for a the committee voted for that bill, sev- Not true. deeper meaning of who we are. We need eral of whom have tough races. So they In fact, a minimum wage increase would di- to reach for a deeper meaning of who were listening very carefully to their rectly benefit 6.6 million low-wage workers— we are in the world and we need to con- people at home; and their people, again most of whom are adults who work to support firm that our purpose is human unity, by overwhelming majorities, say this is themselves and their families. not just the unity of 50 States. the fair and right thing to do. An increase would specifically benefit f We thought we were going to con- 760,000 single mothers who toil day in and sider that labor-health bill this week. day out, sometimes at 2 or 3 jobs to provide MINIMUM WAGE It was announced it would be on the just the basic necessities for themselves and The SPEAKER pro tempore. Under floor this week, but it was pulled. I am their children. the Speaker’s announced policy of Jan- not sure exactly of all the reasons, but Let’s also dispense with the Republicans’ fa- uary 4, 2005, the gentleman from Cali- in part surely it was pulled because vorite argument—that raising the minimum fornia (Mr. GEORGE MILLER) is recog- there was a question about the rule. wage will somehow cost us jobs. nized for half the time remaining be- I want to say, Mr. Speaker, when Again, not true. fore midnight. that bill comes to the floor, the rule We know that this argument is false be- Mr. GEORGE MILLER of California. vote will be a minimum-wage vote. And cause 20 States and the District of Columbia So I have 25 minutes; is that correct? if you think that the minimum wage have raised their minimum wage above the The SPEAKER pro tempore. Yes. ought to be increased, if you think federal rate. Mr. GEORGE MILLER of California. working Americans ought to be given a And, a study conducted by the Center for Mr. Speaker, I would say to those who wage that gets them out of poverty, if American Progress and Policy Matters Ohio are going to speak to be aware of that you think that somebody who works in shows the following: so others get a chance to speak. America ought to be able to support at Employment in small businesses grew more I yield to the gentleman from Mary- least themselves, then you will vote (9.4 percent) in states with higher minimum land (Mr. HOYER). against the rule, unless it gives a waiv- wages than Federal minimum wage states Mr. HOYER. Thank you very much. er for this amendment. (6.6 percent). The hour is late and the time is lim- Mr. Speaker, Mr. MILLER and I, and And, inflation-adjusted small business pay- ited. Mr. Speaker, I rise, however, to the others who will speak on this floor, roll growth was stronger in high minimum

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.240 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4324 CONGRESSIONAL RECORD — HOUSE June 20, 2006 wage states (19 percent) than in Federal min- fighting and protecting the Nation, the has been 10 years since the Congress imum wage states (13.6 percent). rich and those who have contempt for voted to raise the minimum wage and Raising the minimum wage is an issue of the poor would have the most to lose. nearly 9 years since its implementa- fairness and an issue of values. So I want the moral issue here to tion. If we don’t act this year, it will be A PEW research poll in December 2005 come forward, and let us look at it in the longest period of inaction and stag- found that 86 percent of Americans support the face and let the American people nation since the minimum wage was raising the minimum wage. out there ask their Congressman, ask created. The time to increase the minimum wage is their President, Why do you want to I know we have limited time, but I long overdue, and Democrats are going to hold people in a state of near chattel wanted to make a couple of points keep fighting for a fair wage for America’s slavery? Why are you looking at the about what it really means to be on the working families. rest of the world and saying, well, they minimum wage. Mr. GEORGE MILLER of California. have low wages and China is way down According to a New York Times arti- Mr. Speaker, I yield to the gentleman there and we have to compete with cle reporting on a recent study by the from New York (Mr. OWENS). China. If you compete with China, you National Low-Income Housing Coali- (Mr. OWENS asked and was given end up having prisoners, prisoners tion, last year was the first year on permission to revise and extend his re- manufacturing goods, and prisoners record that a full-time worker making marks.) will be the basic labor force. We don’t minimum wage could not afford a one- Mr. OWENS. Mr. Speaker, the fact want to go in that direction. bedroom apartment anywhere in the that we have not had a minimum wage In America, everybody should have a country. Anywhere in the country. increase over such a long period of chance to share in the prosperity that Over the past 9 years, the minimum time, over $5.15 an hour, when we is possible here. Certainly those men wage has not increased, but average should be at $9 an hour, is reflective of and women who go off to fight our wars rents have gone up more than 28 per- the fact that our government, the deci- and who are very much a part of our cent. In Illinois where I live, you need sion-makers, this Congress, this admin- society deserve to be recognized and to make $15.44 an hour. In Chicago, you istration are hostile towards poor peo- protected and regulated, their eco- need to make $17.44 an hour in order to ple. We are hostile towards poor people. nomic lives, regulated in a way which pay a two-bedroom apartment at fair We have contempt for poor people. gives them a chance to make it. All market rent. That is three times the I have reams of statistics here which they want is a chance to survive and minimum wage. show the validity of increasing the prosper like all other Americans. A In the 9 years that minimum wage minimum wage and how we are holding minimum wage increase will allow us hasn’t increased, average health care people in poverty, but I don’t want to to do that. premiums have risen over 75 percent. address those statistics except to say What hasn’t risen? Everything has b 2320 just one blunt fact: minimum-wage em- risen. All of the basics have risen, but ployees, working 40 hours a week, 52 Mr. GEORGE MILLER of California. the minimum wage has not. It is just weeks a year, earn $10,000. That is Mr. Speaker, I yield to the gentle- shameful. Here we are talking about $10,700 per year. That is $6,000 below woman from Illinois (Ms. tax breaks for the wealthiest Ameri- the Federal poverty guidelines of SCHAKOWSKY). cans, talking about eliminating the es- $16,600 for a family of three. If you Ms. SCHAKOWSKY. Mr. Speaker, I tate tax for the Paris Hiltons of our work 40 hours a week, 52 weeks a year, thank the gentleman for yielding to me country, and minimum-wage workers, you come in at that level. and for holding this Special Order to- people working right now at this late Now, we have, as a government and night on the minimum wage. hour, make $5.15 an hour. We should all as an administration, we have had Alan We are not the only ones that are up be ashamed. Greenspan for ages, under Democratic at this hour and doing our work. There We can do that right away. We could administrations and Republican ad- are millions of Americans around the do it tomorrow. We could raise the ministrations, Alan Greenspan has country who are working. Some of minimum wage and provide some level come to Congress several times and them are working in all-night diners of dignity and relief for hard-working testified he doesn’t believe in a min- serving people food, maybe taking care Americans, and we should do that. imum wage. We shouldn’t have a min- of a crying baby right now for someone Mr. Speaker, I thank the gentleman imum wage. He’s a disciple of Ayn else, maybe cleaning up after some el- for allowing me to speak on this. Rand, who says government should not derly person, and many of them are Mr. MILLER of California. I yield to get involved in anything except de- doing that just to try and make ends the gentleman from Massachusetts fense. Only defense. meet and really aren’t because they (Mr. TIERNEY). Roll out the troops to defend the make the minimum wage, about 7 mil- Mr. TIERNEY. Mr. Speaker, I rise to- rich. Roll out the troops to defend our lion hard-working people, and anybody night also to add my voice to this im- property. What happens is that the who thinks a minimum wage worker portant issue of the need to raise the people who are from the working fami- doesn’t work hard hasn’t done a min- minimum wage. The fact that the Fed- lies, those that we have most contempt imum-wage job. Sixty percent are eral minimum wage remains $5.15 an for and refuse to adjust our economic women; many are the heads of house- hour is a disgrace. society so that they have a way to earn holds and have children themselves I think it was stated earlier by Mr. a decent living, those are the people that they have a hard time buying food OWENS that someone who works 40 who go off to fight. And I have statis- for or providing health care for. hours a week, 52 weeks a year at min- tics that in war after war, World Ward In fact, a lot of those people who imum wage, they will still be $2,000 I, World War II, the Korean War, the often are held in some contempt when below the poverty level for a family of Vietnam War, the largest number of they go to the store with food stamps, two and $5,000 below the poverty level the casualties came out of the big cit- and who feel some embarrassment they for a family of three. There are several ies of America, the slums, the people have to come to get help from the gov- million Americans who fall into that who were poorest, the working fami- ernment, put their hand out for assist- category working full time year around lies. The same thing is true in Iraq. ance, and who are we really helping? and living in poverty. We should be Let the rich go first in times of war. We are helping the employers. We are able to do better in America. It is a They are the ones that have the most subsidizing those employers with tax- matter of fairness. The American peo- to defend. Ayn Rand and Greenspan payer dollars who don’t pay a living ple do not want this kind of situation feel we should do nothing to help to wage or even close to a living wage to to continue. force our government to protect the many of those workers. We can pass legislation to raise min- welfare of the poor. But those poor are Today the Economic Policy Institute imum wage any time we wish, except to go off and defend the wealthy. The and the Center on Budget and Policy that the Republican majority does not New York Stock Exchange has the Priorities released a study entitled wish to bring forward the bill that most to lose if the government were to ‘‘Buying Power of Minimum Wage at could do just that. It has been 9 years collapse. If we didn’t have soldiers 51-Year Low.’’ The title tells it all. It since we last raised the minimum

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.102 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4325 wage. According to the Bureau of colleagues for joining me in this Spe- gether on $10,000 a year? At a time, as Labor Statistics, the real value of min- cial Order to try to bring to the atten- Ms. SCHAKOWSKY says, what is it that imum wage is lower today than at any tion of this Nation the unwillingness of isn’t going up? You have to pay the time since 1968. To have the purchasing the Republican Congress to raise the utility bills. You have to pay increased power it had in 1968, the minimum minimum wage for these workers that prices. These people have to work all wage would have to be increased to my colleagues have described. week to fill the gas tank. All week. $7.54 an hour. If it were just to equal 50 We are talking about the dignity of $5.15 an hour. How do you do this? How percent of the average wage, as it did millions of workers. We are talking do you do this? You have got to fill the in the 1950s and 1960s, it would need to about millions of workers who must gas tank; you have got to drive the car. be increased to $8.20 an hour. rely on the Congress of the United You have got to take care of your kids. If the minimum wage had grown at States to give them a raise, and this You have got to buy groceries. You the same rate as chief executive offi- Congress has refused to do so and has can’t afford the rent. cers’ pay since 1990, the lowest paid refused to do so for the past 9 years. How is it they do this? How do they worker in the United States would be These are people who work very hard. do it? One day is for gas; one day is for earning $25 an hour. But since 1997, They get up and go to work every day, food. It doesn’t work out. It simply Congress has failed to raise that just like we tell them we want them to doesn’t work out. So what happens to amount, relegating millions of hard- do. We don’t want them to get on pub- these people? They become dependent working Americans to poverty by lic assistance. We want them to take on the taxpayer. Because the employ- freezing that rate at $5.15. responsibility, and they do. They work ers won’t pay them the wages, the tax- Even The Economist, a notably con- at some of the most difficult jobs in payers come in and subsidize the jobs. servative publication, is concerned the Nation, and they do it every day, They subsidize the jobs in terms of about the fact that the gap in rich and and at the end of the year they simply housing, in terms of free and reduced- poor exists. They are not concerned so end up poor. They end up poor not be- price lunches, in terms of health care. much that the gap exists, but they are cause they are not tough people, not So the employer simply decides that concerned that the way of bridging because they are not diligent, not be- he won’t pay this wage. We don’t know that gap is disappearing, and people no cause they are competent; they end up whether or not he can afford to. That is longer feel there are the rungs up on poor because they simply do not get the claim. But they end up just hand- the ladder to get from one status in life paid enough, and this Congress is un- ing them off to the taxpayers. And to another. willing to lend a hand to them. even that voice of an industry that was We should take notice that in States When we refuse to pay these workers, doing the same thing at a different that have raised the minimum wage we refuse them the dignity of that level, Wal-Mart, now has come out and above the Federal level, jobs have been work and the recognition that we all asked for an increase in the minimum created faster than in States that have understand. This country could not wage. Why? Because they realize that not raised that level. A case in point is survive without their effort. They cook people who are shopping and earning at Oregon. In 1998, when its raised its our food. They take care of our fami- the minimum wage simply don’t have minimum wage above the Federal lies and clean our offices. They do so enough to buy the necessities of life. level, wages and job opportunities in- many things for us without asking the Even at Wal-Mart with everyday low creased. We should get the message. question, and we come to expect it. It prices, as they advertise, people cannot I would like to hear what Mr. MILLER is just that way when we show up in do this. has to say, but please add my voice to So that power, that bastion of cap- the fact that we need to act imme- the morning, it is just that way when italistic spirit is saying, if the Nation diately to raise the minimum wage. we go home because of their hard work. doesn’t do something for these work- Mr. GEORGE MILLER of California. b 2330 Mr. Speaker, I yield time to the gen- ers, growth is going to go down in the I dare say most Members of Congress retail industry. You know what it tleman from Ohio (Mr. KUCINICH). couldn’t toil at these jobs for a day, a Mr. KUCINICH. Mr. Speaker, I thank means? You know what Wal-Mart un- week, or a month. And yet these people the gentleman for yielding me this derstands? They understand that this do it all year long. And they are now time, and thank you for your legisla- increase of the minimum wage would tion, the Fair Minimum Wage Act. working for a wage that has its lowest mean about $4,300 to these families, to In 2004, 37 million Americans lived value in 50 years. That is what we tell these individuals, that that is real pur- below the poverty line, a 1.1 million in- them that they are worth, that they chasing power and that is what the crease from the year before. In 2004, 13 are not entitled to that increase. And communities that Mr. TIERNEY cited million children in America lived yet, do we see in just one week’s time and Ms. SCHAKOWSKY cited. What we below the poverty line, and one in six the Congress voted to give itself a see is jobs were created in those com- children was poor. Yet here in the rich- COLA, turned around and we thought munities. Retail sales are actually up est country on Earth, there is no guar- vote to raise the minimum wage in the in those communities because people antee that a full-time job will lift a Labor-HHS bill after 9 years, finally have money to spend. They can go to family out of a situation of dire pov- voting to raise the wage. the grocery store. They can go and buy erty and need. But the Republican leadership their kids clothes. They can buy them That is because the full-time min- interceded. When the amendment was things for school. imum wage earnings of $5.15 an hour offered today, this Republican Congress None of that is possible at the min- leaves a family of three 31 percent changed their vote and voted against imum wage. None of that is possible at below the poverty line. As a matter of the minimum wage. And the majority the minimum wage. And that is why fact, Mr. MILLER, if the minimum wage leader, Mr. BOEHNER of the Republican this Congress has got to understand the growth had kept pace with the increase Party, is quoted as saying he is against human dimensions of this. If the Re- in the pay levels of CEOs, the min- it. It is not going to happen. It is not publicans are so callous that they can’t imum wage today would be closer to coming to the floor and he hasn’t voted understand how hard these people work $16. So this is a major issue of social for minimum wage in 25 years of his and how they toil, and they cannot fig- and economic justice. public service, a boast of pride. I think ure out that these people are worth I am pleased to stand here with my it is a boast of shame. more than $5.15 an hour, something is colleagues in support of Congressman It is a shame this Congress doesn’t terribly wrong. MILLER’s legislation, the Fair Min- understand its obligation to these I heard one of the spokesmen for the imum Wage Act. It is time that we workers who are in such desperate Club For Growth today said there raise the minimum wage for 7 million need. These are people who are trying shouldn’t be any minimum wage. Just Americans. It is time that we recognize to hold their family together. Again we let the marketplace set the price. Just their right to fully participate in the ask them to take care of their children let the marketplace set the price. And economic life of this Nation. to keep them safe, to provide for the former Secretary Rice said, oh, you Mr. GEORGE MILLER of California. care for these children. Do you know mean like it does for executive sala- Mr. Speaker, I want to thank all of my how difficult it is to put a family to- ries? And the answer was absolutely,

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.243 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE H4326 CONGRESSIONAL RECORD — HOUSE June 20, 2006 just like it does for executive salaries. Mr. HUNTER (at the request of Mr. 8177. A letter from the Director, Defense Are those the same executives that BOEHNER) for today on account of per- Procurement and Acquisition Policy, De- were backdating the stock options? sonal business. partment of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- They didn’t let the marketplace set Mr. MANZULLO (at the request of Mr. quisition Regulation Supplement: Contract their compensation. They backdated BOEHNER) for June 19 on account of Termination [DFARS Case 2003-D046] re- the stock options so they were guaran- being with his wife at the hospital. ceived May 24, 2006, pursuant to 5 U.S.C. teed a profit in those stock options. f 801(a)(1)(A); to the Committee on Armed No, they didn’t rely on the market. Services. SPECIAL ORDERS GRANTED They manipulated the market. They 8178. A letter from the Director, Defense manipulated the market. By unanimous consent, permission to Procurement and Acquisition Policy, De- And how is it that somehow they address the House, following the legis- partment of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- want to suggest that for people at the lative program and any special orders heretofore entered, was granted to: quisition Regulation Supplement: Authoriza- minimum wage that they are the ones tion for Continued Contract [DFARS Case that have to survive in the market- (The following Members (at the re- 2003-D052] received May 24, 2006, pursuant to place? The fact of the matter is the quest of Mr. MCNULTY) to revise and 5 U.S.C. 801(a)(1)(A); to the Committee on marketplace is exploiting these indi- extend their remarks and include ex- Armed Services. viduals by failing to pay them a decent traneous material:) 8179. A letter from the Director, Defense wage so that they can raise their fami- Mr. PALLONE, for 5 minutes, today. Procurement and Acquisition Policy, De- lies. Mrs. MCCARTHY, for 5 minutes, today. partment of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- Mr. DEFAZIO, for 5 minutes, today. And it has got to stop. And it has got quisition Regulation Supplement: Special Mr. EMANUEL, for 5 minutes, today. to stop here because the times has Contracting Methods [DFARS Case 2003- come to do this, to make sure that Mr. HINCHEY, for 5 minutes, today. D079) received May 24, 2006, pursuant to 5 after 9 years, after 9 years of no in- Mrs. JONES of Ohio, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on creases, after six times of increasing today. Armed Services. congressional salaries, somehow some- Ms. WOOLSEY, for 5 minutes, today. 8180. A letter from the Director, Defense thing is terribly wrong for these indi- Ms. KAPTUR, for 5 minutes, today. Procurement and Acquisition Policy, De- Ms. WATERS, for 5 minutes, today. partment of Defense, transmitting the De- viduals, and we have got to change partment’s final rule — Defense Federal Ac- Ms. BERKLEY, for 5 minutes, today. that. We have got to make sure that quisition Regulation Supplement: Quality Mr. MCDERMOTT, for 5 minutes, that can’t happen. Assurance [DFARS Case 2003-D027] received The disparities are just unbelievable today. May 24, 2006, pursuant to 5 U.S.C. in terms of these people and the rest of Mr. DAVIS of Illinois, for 5 minutes, 801(a)(1)(A); to the Committee on Armed the country. And we cannot believe today. Services. that each of these children who are in Ms. JACKSON-LEE of Texas, for 5 min- 8181. A letter from the Director, Defense Procurement and Acquisition Policy, De- these families are going to have the utes, today. Ms. MCKINNEY, for 5 minutes, today. partment of Defense, transmitting the De- same kind of opportunity that other partment’s final rule — Defense Federal Ac- Mr. ROSS, for 5 minutes, today. children have, and that is why we have quisition Regulation Supplement: Basic Mr. OWENS, for 5 minutes, today. got to raise the minimum wage. Agreements for Telecommunications Serv- This is an issue of moral dimensions. Mr. KUCINICH, for 5 minutes, today. ices [DFARS Case 2003-D056] received May 24, It is way beyond the pay for the hours (The following Members (at the re- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the worked, the pay for the week’s work. It quest of Mr. BRADLEY of New Hamp- Committee on Armed Services. is about whether or not we really do, in shire) to revise and extend their re- 8182. A letter from the Director, Defense Procurement and Acquisition Policy, De- fact, believe in the value of work, marks and include extraneous mate- rial:) partment of Defense, transmitting the De- whether we really do believe in the partment’s final rule — Defense Federal Ac- Ms. FOXX, for 5 minutes, today. human dignity of these individuals who quisition Regulation Supplement: Describing toil at these jobs. That is what this Mr. PAUL, for 5 minutes, today and Agency Needs [DFARS Case 2003-D073] re- minimum wage is about. And it is a June 21. ceived May 24, 2006, pursuant to 5 U.S.C. tragedy, it is a tragedy that the Repub- Mr. POE, for 5 minutes, June 27. 801(a)(1)(A); to the Committee on Armed lican leadership is now vowing that it Mr. OTTER, for 5 minutes, today. Services. 8183. A letter from the Secretary, Depart- simply will not be able to be voted on. Mr. GARRETT of New Jersey, for 5 minutes, today. ment of the Treasury, transmitting the an- This is a Congress. We have a bipar- nual report on the operations of the Ex- tisan solution; clearly we have enough Mr. BRADLEY of New Hampshire, for 5 minutes, today. change Stabilization Fund (ESF) for fiscal votes in the Congress to pass the min- year 2005, pursuant to 31 U.S.C. 5302(c)(2); to imum wage. But they are going to do f the Committee on Financial Services. everything they can from keeping that ADJOURNMENT 8184. A letter from the Fiscal Assistant vote from taking place. So the democ- Secretary, Department of the Treasury, Mr. GEORGE MILLER of California. racy is not going to work its will. The transmitting the Department’s notification Mr. Speaker, I move that the House do to Congress of any significant modifications House is not going to work its will. All now adjourn. to the auction process for issuing United of the jabbering that goes on about bi- The motion was agreed to; accord- States Treasury obligations, pursuant to partisan government is not going to ingly (at 11 o’clock and 37 minutes Public Law 103-202, section 203; to the Com- work its will because bipartisan gov- mittee on Financial Services. p.m.), the House adjourned until to- ernment in the House of Representa- 8185. A letter from the Fiscal Assistant morrow, Wednesday, June 21, 2006, at 10 tives would vote to increase the min- Secretary, Department of the Treasury, a.m. imum wage. But that apparently is not transmitting the Department’s report that f no such exemptions to the prohibition going to happen. against favored treatment of a government But we have got to continue to strug- EXECUTIVE COMMUNICATIONS, securities broker or dealer were granted dur- gle on behalf of these families, on be- ETC. ing the period January 1, 2005 through De- half of their children, on behalf of this Under clause 8 of rule XII, executive cember 31, 2005, pursuant to Public Law 103- Nation in terms of human dignity. communications were taken from the 202, section 202; to the Committee on Finan- cial Services. And I want to thank my colleagues Speaker’s table and referred as follows: for joining me in this Special Order to 8186. A letter from the Secretary, Federal 8176. A letter from the Director, Defense Trade Commission, transmitting the Twen- raise this issue with our colleagues and Procurement and Acquisition Policy, De- ty-Eighth Annual Report to Congress con- with people in the country. partment of Defense, transmitting the De- sistent with Section 815 of the Fair Debt Col- partment’s final rule — Defense Federal Ac- f lection Practices Act, pursuant to 15 U.S.C. quisition Regulation Supplement: Radio Fre- 1692m; to the Committee on Financial Serv- LEAVE OF ABSENCE quency Identification (DFARS Case 2006- ices. D002) (RIN: 0750-AF31) received June 2, 2006, 8187. A letter from the Deputy Assistant By unanimous consent, leave of ab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Secretary for Export Administration, Bureau sence was granted to: mittee on Armed Services. of Industry and Security, Department of

VerDate Aug 31 2005 04:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.245 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4327 Commerce, transmitting the Department’s Mr. YOUNG of Alaska: Committee on training in advanced energy and green build- final rule — Cuba: Revisions of Personal Bag- Transportation and Infrastructure. H.R. 5076. ing technologies; to the Committee on gage Rules [Docket No. 051219342-5342-01] A bill to amend title 49, United States Code, Science. (RIN: 0694-AD23) received May 24, 2006, pursu- to authorize appropriations for fiscal years By Mr. CARNAHAN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2007, 2008, and 2009, and for other purposes H.R. 5645. A bill to direct the Director of on International Relations. (Rept. 109–512). Referred to the Committee of the Federal Emergency Management Agency 8188. A letter from the Deputy Assistant the Whole House on the State of the Union. to convey an easement to St. Louis County, Secretary for Export Administration, Bureau Mr. YOUNG of Alaska: Committee on Missouri, for the construction, operation, of Industry and Security, Department of Transportation and Infrastructure. House and maintenance of a road in Lemay, Mis- Commerce, transmitting the Department’s Concurrent Resolution 235. Resolution ex- souri; to the Committee on Transportation final rule — Implementation of New Formula pressing the sense of the Congress that and Infrastructure. for Calculating Computer Performance: Ad- States should require candidates for driver’s By Mr. ROGERS of Michigan: justed Peak Performance (APP) in Weighted licenses to demonstrate an ability to exer- H.R. 5646. A bill to study and promote the TeraFLOPS; Bulgaria; XP and MT Controls cise greatly increased caution when driving use of energy efficient computer servers in [Docket No. 0604096-6096-01] (RIN: 0694-AD66) in the proximity of a potentially visually the United States; to the Committee on En- received April 21, 2006, pursuant to 5 U.S.C. impaired individual (Rept. 109–513). Referred ergy and Commerce. 801(a)(1)(A); to the Committee on Inter- to the House Calendar. By Mr. REGULA: national Relations. Mr. YOUNG of Alaska. Committee on H.R. 5647. A bill making appropriations for the Departments of Labor, Health and 8189. A letter from the Chief Counsel, Of- Transportation and Infrastructure. H.R. 5187. Human Services, and Education, and related fice of Foreign Assets Control, Department A bill to amend the John F. Kennedy Center agencies for the fiscal year ending Sep- of the Treasury, transmitting the Depart- Act to authorize additional appropriations tember 30, 2007, and for other purposes. ment’s final rule — Iranian Assets Control for the John F. Kennedy Center for the Per- forming Arts for fiscal year 2007 (Rept. 109– By Mrs. DAVIS of California: Regulations, Narcotics Trafficking Sanc- H.R. 5648. A bill to amend the Older Ameri- 514). Referred to the Committee of the Whole tions Regulations, Burmese Sanctions Regu- cans Act of 1965 to facilitate interaction be- lations, Sudanese Sanctions Regulations, House on the State of the Union. Mr. REGULA: Committee on Appropria- tween students and older individuals with Weapons of Mass Destruction Trade Control limited English proficiency; to the Com- tions. H.R. 5647. A bill making appropria- Regulations, Highly Enriched Uranium mittee on Education and the Workforce. tions for the Departments of Labor, Health (HEU) Agreement Assets Control Regula- By Ms. HARRIS: and Human Services, and Education, and re- tions, Zimbabwe Sanctions Regulations, Syr- H.R. 5649. A bill to provide for exploration, ian Sanctions Regulations, Iranian Trans- lated agencies for the fiscal year ending Sep- development, and production activities for actions Regulations, Western Balkans Sta- tember 30, 2007, and for other purposes (Rept. mineral resources on the outer Continental bilization Regulations, Global Terrorism 109–515). Referred to the Committee of the Shelf, and for other purposes; to the Com- Sanctions Regulations, Terrorism Sanctions Whole House on the State of the Union. mittee on Resources. Mr. LINCOLN DIAZ-BALART of Florida. Regulations — Received May 18, 2006, pursu- By Mr. HULSHOF (for himself, Mr. Committee on Rules. House Resolution 878. ant to 5 U.S.C. 801(a)(1)(A); to the Committee POMEROY, Mr. NUSSLE, Mr. PETERSON Resolution providing for consideration of the on International Relations. of Minnesota, Mr. SHIMKUS, Mr. bill (H.R. 9) to amend the Voting Rights Act 8190. A letter from the Director, Office of TERRY, Mr. BOSWELL, Mr. OSBORNE, of 1965 (Rept. 109–516). Referred to the House Congressional Affairs, Nuclear Regulatory Mr. EMANUEL, Mr. MORAN of Kansas, Calendar. Commission, transmitting the Commission’s Mr. SALAZAR, Mr. MOORE of Kansas, final rule — Revision of NRC Form 7, Appli- f and Ms. HERSETH): cation for NRC Export/Import License, PUBLIC BILLS AND RESOLUTIONS H.R. 5650. A bill to amend the Internal Rev- Amendment, or Renewal (RIN: 3150-AH89) re- enue Code of 1986 to make permanent certain ceived April 21, 2006, pursuant to 5 U.S.C. Under clause 2 of rule XII, public tax incentives for ethanol and biodiesel used 801(a)(1)(A); to the Committee on Inter- bills and resolutions were introduced as a fuel; to the Committee on Ways and national Relations. and severally referred, as follows: Means. f By Mr. KOLBE: By Mr. HERGER (for himself and Mr. H.R. 5651. A bill to revise the boundary of REPORTS OF COMMITTEES ON MCDERMOTT): the Fort Bowie National Historic Site, and H.R. 5640. A bill to amend part B of title IV for other purposes; to the Committee on Re- PUBLIC BILLS AND RESOLUTIONS of the Social Security Act to reauthorize the sources. safe and stable families program, and for Under clause 2 of rule XIII, reports of By Ms. LEE (for herself and Mr. other purposes; to the Committee on Ways committees were delivered to the Clerk FORTENBERRY): for printing and reference to the proper and Means. H.R. 5652. A bill to amend the African De- calendar, as follows: By Mr. LANTOS (for himself and Mr. velopment Foundation Act to redesignate BROWN of Ohio): the name of the Foundation, to increase Mr. BARTON of Texas: Committee on En- H.R. 5641. A bill to promote safe and eth- funding for the mission of the Foundation, ergy and Commerce. H.R. 5574. A bill to ical clinical trials of drugs and other test ar- and to increase the powers of the Founda- amend the Public Health Service Act to re- ticles on people overseas; to the Committee tion; to the Committee on International Re- authorize support for graduate medical edu- on International Relations. lations. cation programs in children’s hospitals; with By Mr. WAXMAN (for himself, Mr. By Mr. LEWIS of Kentucky: an amendment (Rept. 109–508). Referred to GEORGE MILLER of California, Mr. H.R. 5653. A bill to amend the Internal Rev- the Committee of the Whole House on the MARKEY, Mr. PALLONE, Mr. SANDERS, enue Code of 1986 to promote investment in State of the Union. Ms. ESHOO, Mr. HINCHEY, Mr. FARR, energy independence through coal to liquid Mr. BARTON of Texas: Committee on En- Mr. DOGGETT, Mr. BLUMENAUER, Mrs. technology, biomass, and oil shale; to the ergy and Commerce. H.R. 5573. A bill to CAPPS, Mr. INSLEE, Ms. SCHAKOWSKY, Committee on Ways and Means. amend the Public Health Service Act to pro- Ms. SOLIS, and Mr. VAN HOLLEN): By Mr. WEINER: vide additional authorizations of appropria- H.R. 5642. A bill to reduce greenhouse gas H.R. 5654. A bill to prohibit the Depart- tions for the health centers program under emissions and protect the climate; to the ment of Homeland Security from limiting section 330 of such Act (Rept. 109–509). Re- Committee on Energy and Commerce, and in the amount of Urban Area Security Initia- ferred to the Committee of the Whole House addition to the Committee on International tive or State Homeland Security Grant Pro- on the State of the Union. Relations, for a period to be subsequently de- gram grant funds that may be used to pay Mr. BARTON of Texas: Committee on En- termined by the Speaker, in each case for salaries or overtime pay of law enforcement ergy and Commerce. S. 655. An act to amend consideration of such provisions as fall with- officials engaged in antiterrorism activities, the Public Health Service Act with respect in the jurisdiction of the committee con- and for other purposes; to the Committee on to the National Foundation for the Centers cerned. Homeland Security. for Disease Control and Prevention: with an By Mrs. BIGGERT (for herself, Mr. By Mr. CLEAVER: amendment (Rept. 109–510). Referred to the BOEHLERT, Mr. HALL, and Mr. H. Res. 879. A resolution expressing the Committee of the Whole House on the State GILCHREST): sense of the House of Representatives that of the Union. H.R. 5643. A bill to authorize the commer- Members of the House of Representatives Mr. BARTON of Texas: Committee on En- cial application and transfer of technologies should use alternative fuel vehicles in their ergy and Commerce. House Concurrent Reso- developed by the Department of Energy, and professional and personal lives; to the Com- lution 426. Resolution recognizing the Food for other purposes; to the Committee on mittee on Energy and Commerce. and Drug Administration of the Department Science. By Mr. GARRETT of New Jersey: of Health and Human Services on the occa- By Mr. MCCAUL of Texas (for himself, H. Res. 880. A resolution expressing the sion of the 100th anniversary of the passage Mrs. BIGGERT, Mr. HALL, Mr. EHLERS, sense of the House on the occasion of the of the Food and Drugs Act for the important and Mr. INGLIS of South Carolina): first anniversary of the Supreme Court’s de- service it provides to the Nation (Rept. 109– H.R. 5644. A bill to authorize higher edu- cision in Kelo v. City of New London; to the 511). Referred to the House Calendar. cation curriculum development and graduate Committee on the Judiciary.

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By Mr. PRICE of North Carolina (for H.R. 1333: Mr. DAVIS of Alabama, Ms. NOR- H.R. 5319: Mr. BASS, Mr. BRADLEY of New himself, Mr. BUTTERFIELD, Mr. TON, and Mr. OWENS. Hampshire, Mr. ROGERS of Michigan, Mrs. COBLE, Mr. ETHERIDGE, Ms. FOXX, Mr. H.R. 1356: Mr. WYNN and Mr. DELAHUNT. BLACKBURN, and Mr. HAYWORTH. HAYES, Mr. JONES of North Carolina, H.R. 1415: Mr. ROTHMAN. H.R. 5322: Mr. PAUL and Mr. HOSTETTLER. H.R. 1416: Mr. CLYBURN and Mr. LEACH. Mr. MCHENRY, Mr. MCINTYRE, Mr. H.R. 5328: Mr. GONZALEZ, Ms. DELAURO, and H.R. 1424: Mr. BOYD. Mr. FARR. MILLER of North Carolina, Mrs. H.R. 1849: Mr. DINGELL. H.R. 5337: Mr. BRADLEY of New Hampshire MYRICK, Mr. TAYLOR of North Caro- H.R. 1898: Mr. GOHMERT and Mr. DAVIS of lina, and Mr. WATT): Kentucky. and Mr. VAN HOLLEN. H. Res. 881. A resolution congratulating H.R. 2386: Mr. DEFAZIO and Mr. H.R. 5365: Mr. LIPINSKI. H.R. 5367: Mr. NEAL of Massachusetts. the National Hockey League Champions, the FITZPATRICK of Pennsylvania. Carolina Hurricanes, on their victory in the H.R. 2470: Mr. DEAL of Georgia, Ms. FOXX, H.R. 5417: Mr. VISCLOSKY. 2006 Stanley Cup Finals; to the Committee and Mr. WELDON of Florida. H.R. 5436: Mr. WAXMAN. on Government Reform. H.R. 2567: Mr. KIRK and Mr. WYNN. H.R. 5442: Mr. OWENS and Ms. JACKSON-LEE f H.R. 2730: Mr. HASTINGS of Florida, Mr. of Texas. SHIMKUS, and Mr. WYNN. H.R. 5444: Mrs. BIGGERT and Mr. UPTON. MEMORIALS H.R. 2861: Ms. GRANGER and Mr. HASTINGS H.R. 5453: Mr. JEFFERSON and Mr. BROWN of Under clause 3 of rule XII, memorials of Florida. Ohio. were presented and referred as follows: H.R. 2869: Mr. THOMPSON of Mississippi, Ms. H.R. 5462: Ms. FOXX, Mr. FRANKs of Ari- MATSUI, Mr. OWENS, and Mr. PAUL. zona, Mr. CARTER, Mr. WELDON of Florida, 367. The SPEAKER presented a memorial H.R. 2943: Mr. ANDREWS. Mrs. MYRICK, Mr. FEENEY, and Mr. DOO- of the Senate of the State of Hawaii, relative H.R. 3034: Mr. BRADY of Pennsylvania, Mr. LITTLE. to Senate Resolution No. 92 urging the Con- CLYBURN, Mr. CLAY, Mr. GUTIERREZ, and Mr. H.R. 5472: Ms. GINNY BROWN-WAITE of Flor- gress of the United States to authorize and GRIJALVA. ida, Mr. MCDERMOTT, Mr. CAPUANO, Ms. appropriate funds to allow all members of H.R. 3478: Mr. PICKERING and Mr. ACKER- DELAURO, Mr. CONYERS, Mr. HINCHEY, Mr. the Armed Forces Reserve component to ac- MAN. GRIJALVA, Ms. BERKLEY, Mr. MCINTYRE, Mr. cess the TRICARE Program; to the Com- H.R. 3547: Miss MCMORRIS. PORTER, Mr. NEAL of Massachusetts, and Ms. mittee on Armed Services. H.R. 3616: Mr. BROWN of Ohio. WASSERMAN SCHULTZ. 368. Also, a memorial of the House of Rep- H.R. 3854: Mr. SIMMONS. H.R. 5476: Mr. GOHMERT. resentatives of the State of Iowa, relative to H.R. 4047: Mr. THORNBERRY and Mr. PICK- ERING. H.R. 5483: Ms. MCCOLLUM of Minnesota. House Resolution No. 122 requesting the Con- H.R. 5499: Mr. GONZALEZ and Mr. PETERSON gress of the United States to give due consid- H.R. 4166: Mr. CLYBURN. H.R. 4212: Ms. KAPTUR. of Minnesota. eration to the readiness of the Republic of H.R. 4264: Mr. PETERSON of Minnesota. H.R. 5523: Mr. BURTON of Indiana. China on Taiwan for membership in the H.R. 4282: Mr. BRADLEY of New Hampshire. H.R. 5526: Mr. KINGSTON. United Nations; to the Committee on Inter- H.R. 4341: Mr. GERLACH. H.R. 5538: Mr. GILCHREST. national Relations. H.R. 4403: Mr. CLYBURN and Mr. SHIMKUS. H.R. 5551: Mr. WAMP. 369. Also, a memorial of the General As- H.R. 4414: Mr. HASTINGS of Florida and Mr. H.R. 5554: Mr. CLYBURN. sembly of the State of Colorado, relative to OWENS. H.R. 5557: Mr. CONYERS. Senate Joint Resolution 06-027 concerning H.R. 4423: Mr. WELLER. H.R. 5558: Mr. BROWN of South Carolina and H.R. 4434: Mr. CUMMINGS. condemnation of the Chinese government’s Mr. BARTON of Texas. H.R. 4452: Mr. BARROW. persecution of practitioners of Falun Gong; H.R. 5560: Mr. MCCOTTER and Mr. GORDON. to the Committee on International Rela- H.R. 4547: Mr. SMITH of Texas. H.R. 4725: Mr. AKIN. H.R. 5579: Mr. PALLONE, Mr. ENGEL, and tions. H.R. 4747: Ms. ZOE LOFGREN of California Mr. MEEHAN. 370. Also, a memorial of the Legislature of and Mr. BARROW. H.R. 5594: Mr. GILCHREST. the State of Louisiana, relative to Senate H.R. 4767: Mr. WEXLER, Ms. CORRINE BROWN H.R. 5595: Mr. ENGEL. Concurrent Resolution No. 83 memorializing of Florida, and Mr. HINCHEY. H.R. 5598: Ms. SOLIS and Mr. CLAY. the Congress of the United States to recon- H.R. 4800: Ms. ESHOO. H.R. 5611: Mr. SESSIONS and Mr. DOOLITTLE. sider the decision to exclude Plaquemines H.R. 4950: Mr. NEAL of Massachusetts. H. R. 5615: Mr. HONDA, Mr. WEXLER, and Parish from the federal plan to invest $2.5 H.R. 4961: Mr. BEAUPREZ, Mr. HAYWORTH, Mr. MCDERMOTT. billion for levee re-enhancement in south Mr. TERRY, Mr. GOHMERT, Mr. FORTENBERRY, H. R. 5624: Mr. BROWN of South Carolina. Louisiana; to the Committee on Transpor- and Mr. COLE of Oklahoma. H. R. 5632: Mr. KINGSTON and Mr. LIPINSKI. tation and Infrastructure. H.R. 4980: Mr. PLATTS. H. Con. Res. 415: Mr. ANDREWS. 371. Also, a memorial of the Legislature of H.R. 4993: Mr. SCHIFF. H. Con. Res. 425: Ms. ROS-LEHTINEN. the State of Louisiana, relative to Senate H.R. 4994: Mr. HASTINGS of Washington. H. Res. 79: Mr. CROWLEY, Mr. CAPUANO, Ms. Concurrent Resolution No. 72 memorializing H.R. 4997: Mr. MCHUGH. MCKINNEY, Mr. HINCHEY, and Ms. ROYBAL-AL- the Congress of the United States to imme- H.R. 5005: Mr. COLE of Oklahoma. LARD. diately authorize the Morganza to the Gulf H.R. 5081: Mr. SOUDER, Mr. LATOURETTE, H. Res. 323: Mr. PICKERING. Hurricane Protection Project, and urging Mr. BROWN of South Carolina, Mr. CONAWAY, H. Res. 461: Mr. SMITH of Washington. and requesting the United States Army Mr. SCHWARZ of Michigan, Mr. UPTON, Mr. H. Res. 605: Mr. OSBORNE. Corps of Engineers to include such rec- RADANOVICH, Mr. PITTS, Mr. ADERHOLT, Mr. H. Res. 787: Mr. HONDA, and Mr. FARR. ommendation in its pending report to Con- CANNON, and Mr. SIMPSON. H. Res. 825: Mr. PRICE of North Carolina. H.R. 5100: Ms. KILPATRICK of Michigan, gress; to the Committee on Transportation H. Res. 846: Ms. KAPTUR, Mr. DEFAZIO, Mr. Mrs. MCCARTHY, Mrs. MALONEY, Mr. SABO, and Infrastructure. GRIJALVA, Mr. OWENS, Mrs. NAPOLITANO, Mrs. 372. Also, a memorial of the Legislature of and Mr. ACKERMAN. MALONEY, Mr. MARKEY, Mr. HINCHEY, Mrs. H.R. 5120: Mrs. JONES of Ohio. CHRISTENSEN, and Mr. DAVIS of Illinois. the State of Louisiana, relative to Senate H.R. 5134: Mr. OWENS and Mr. Concurrent Resolution No. 74 memorializing H. Res. 854: Mrs. MCCARTHY, Mr. SHERMAN, FORTENBERRY. Mr. TOWNS, Ms. CARSON, Mr. OWENS, Ms. KIL- the Congress of the United States to provide H.R. 5150: Ms. WASSERMAN SCHULTZ. PATRICK of Michigan, Mr. MEEK of Florida, funding for local housing authorities located H.R. 5159: Mr. BECERRA. Mrs. JONES of Ohio, Mrs. TAUSCHER, Mr. RA- in Vermillion Parish which were impacted by H.R. 5177: Ms. SCHWARTZ of Pennsylvania HALL, and Mr. TIBERI. Hurricane Rita; to the Committee on Trans- and Ms. PRYCE of Ohio. H. Res. 858: Mr. KENNEDY of Minnesota. portation and Infrastructure. H.R. 5182: Mr. WAXMAN, Mr. BLUMENAUER, H. Res. 860: Mr. AKIN, Mrs. JO ANN DAVIS of f Mr. GUTKNECHT, and Mr. PLATTS. H.R. 5201: Mr. WU, Mrs. BIGGERT, and Mr. Virginia, Mr. MANZULLO, Mr. MCGOVERN, Mr. ADDITIONAL SPONSORS ROTHMAN. PEARCE, Mr. PITTS, Mr. SCHIFF, Mr. WELLER, Under clause 7 of rule XII, sponsors H.R. 5211: Mr. GOODE. Mr. BROWN of Ohio, Mr. BURTON of Indiana, were added to public bills and resolu- H.R. 5216: Mr. DAVIS of Florida. Ms. HARRIS, Mr. MCCOTTER, and Mrs. H.R. 5230: Mr. GOHMERT and Mr. CARTER. SCHMIDT. tions as follows: H.R. 5233: Mr. CONYERS and Mr. CLYBURN. H.R. 611: Mr. ENGEL. H.R. 5238: Mr. CLYBURN. f H.R. 615: Mr. GOHMERT. H.R. 5255: Mr. MANZULLO and Ms. HART. H.R. 898: Mr. CLYBURN, Mr. REHBERG, and H.R. 5265: Mr. CASE. Mr. FITZPATRICK of Pennsylvania. H.R. 5280: Mr. FERGUSON. AMENDMENTS H.R. 1237: Mr. SHAYS. H.R. 5312: Mr. BOREN. H.R. 1249: Mr. UDALL of New Mexico. H.R. 5317: Mr. HOSTETTLER, Mr. KUHL of Under clause 8 of rule XVIII, pro- H.R. 1306: Mr. KELLER, Mr. BOOZMAN, and New York, Mr. BURTON of Indiana, and Mr. posed amendments were submitted as Mr. SHIMKUS. REHBERG. follows:

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\L20JN7.100 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE June 20, 2006 CONGRESSIONAL RECORD — HOUSE H4329 H.R. 5631 pended for the development, deployment, or TITLE X—ADDITIONAL GENERAL operation of the web-based, end-to-end travel PROVISIONS OFFERED BY MR. CHOCOLA management system of the Department of SEC. 10001. None of the funds made avail- AMENDMENT NO. 3: At the end of the bill Defense known as the Defense Travel Sys- able in this Act may be used to implement (before the short title), insert the following: tem. guidelines for military chaplains that do not TITLE X—ADDITIONAL GENERAL H.R. 5631 allow a chaplain covered by the guidelines to PROVISIONS OFFERED BY MR. STEARNS pray according to the dictates of the chap- SEC. 10001. None of the funds made avail- AMENDMENT NO. 4: At the end of the bill lain’s own conscience, except as must be lim- able by this Act may be obligated or ex- (before the short title), insert the following: ited by military necessity.

VerDate Aug 31 2005 05:42 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.098 H20JNPT1 hmoore on PROD1PC68 with HMHOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, TUESDAY, JUNE 20, 2006 No. 80 Senate The Senate met at 9:45 a.m. and was riod of morning business. After those Kenya, the USS Cole, and then that day called to order by the President pro statements, we will resume consider- on 9/11. We have been safe because of tempore (Mr. STEVENS). ation of the Department of Defense au- our brave men and women, Americans thorization bill. There are now six who are putting their lives on the line PRAYER pending amendments that the chair- to protect this country. Then there was The Chaplain, Dr. Barry C. Black, of- man and ranking member are review- that day on 9/11 where our enemy de- fered the following prayer: ing to determine how much debate will clared war. They slaughtered innocent Let us pray. be necessary. Yesterday, Senator LEVIN citizens right here on American soil. Eternal God, Creator of heaven and filed an amendment related to troop They judged us to be weak, to be vacil- earth, lead us to the path of compas- withdrawal in Iraq. I understand that lating. They believed we would cower sion. Help us who would be Your fol- amendment may be offered today. I in the face of brutality. They were lowers to feel the pain in our world. know many Senators will want to par- wrong. Open our eyes to the plight of the sick, ticipate in that debate. It is my expec- Out of the black smoke and ashes of the hungry, and the oppressed. Unstop tation that we will set up blocks of that terrible day, America stood up our ears, that we may hear the groans time for debate, perhaps for this after- strong, united, and determined. And of suffering people and the cries of noon, so that Senators will know of the after careful deliberation, we answered those without hope. Teach us to pray appropriate time to come to the floor back. We toppled the Taliban in Af- for the lost, the lonely, and the least, to give their remarks on the amend- ghanistan, where al-Qaida had trained. until we unleash Your sovereign power ment. In addition to the pending We toppled Saddam Hussein, a real and that can rescue the perishing. amendments, other amendments will continuing threat to the security of Today bless the work of our Senators be offered today. Therefore, we will be our Nation and to our allies. Since and use them as agents of Your grace. voting today on amendments to the then we have continued the hard work Help them to do their part to relieve Defense authorization bill. The Demo- of draining the swamp that nurtured suffering, to alleviate pain, and to cratic side of the aisle will have their and festered these monsters. It hasn’t plead for justice. normal policy meeting today, and we been easy. The last 3 years have We pray in Your strong Name. Amen. will recess from 12:30 to 2:15. As a re- strained our patience as we have watched the terrorists’ counterattack. f minder to my colleagues, we have scheduled our Republican policy meet- Innocent Iraqis, coalition forces, hu- PLEDGE OF ALLEGIANCE ing to occur during Wednesday’s ses- manitarians, and journalists have been The PRESIDENT pro tempore led the sion instead of today. targeted simply for trying to secure a Pledge of Allegiance, as follows: f free and open Iraq. But the enemy’s ef- fort to plunge Iraq into chaos will not I pledge allegiance to the Flag of the IRAQ United States of America, and to the Repub- succeed. lic for which it stands, one nation under God, Mr. FRIST. Mr. President, I want to Slowly, freedom is gaining ground. indivisible, with liberty and justice for all. take a few moments to comment on The Iraqi people are emerging from f the debate that has been underway on three decades of brutal repression and the Defense authorization bill. In par- claiming their right to stand among RESERVATION OF LEADER TIME ticular, I want to draw attention to the democratic nations. Last year, millions The PRESIDENT pro tempore. Under heroism, courage, and great work of of Iraqis defied the threats of Abu al- the previous order the leadership time our soldiers on the frontline. Every day Zarqawi and streamed to the polls in is reserved. they are risking their lives to defend three national elections. Iraq’s Sunni f our freedom. They are taking that bat- population participated in greater tle to the enemy so that the enemy numbers each time. On June 8, the new RECOGNITION OF THE MAJORITY does not bring that battle to us on our democratically elected Prime Minister LEADER own soil. Jawad al-Maliki named the last three The PRESIDENT pro tempore. The No one would have guessed almost 5 members of his Cabinet—the Ministers majority leader is recognized. years ago that we would be free from of Defense, Interior and Security— f having suffered another major terrorist thereby completing formation of his attack. We have been extraordinarily unity government. What huge progress. SCHEDULE fortunate. We remember 1993, the The new government is committed to Mr. FRIST. Mr. President, today we World Trade Center attack, Khobar facing the challenges of terrorism and open the Senate with a 30-minute pe- Towers, our embassies in Tanzania and corruption and to move Iraq’s fledgling

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

S6099

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From Sunday’s While great achievements have been steady eye on the ultimate goal, by Los Angeles Times: The amnesty plan gained by the people of Iraq in the realm of having flexibility and patience, I am would apparently include insurgents political development, the continuation of confident we will succeed. No less than alleged to have staged attacks against the mandate of the multinational force in America’s security depends on it. Americans. Iraq remains necessary and essential for our I yield the floor. They are saying amnesty. So it is security. f clear that the situation regarding am- Far from the rhetoric that is being nesty, the amendment pending before used by some today, the Iraqi people RECOGNITION OF THE MINORITY this body, is one where the Iraqis who want us, and they need us to help LEADER serve in their Government are saying them. If we don’t, if we break our The PRESIDENT pro tempore. The that it is OK if the insurgents kill promise and cut and run, as some Democratic leader is recognized. Americans and not OK if they kill would have us do, the implications f Iraqis. The only thing that is clear is could be catastrophic. Not only would the Senate needs to go on record and IRAQI AMNESTY PLAN it be a dishonor to our Americans, a direct President Bush to tell the Iraqi dishonor of historic proportions, the Mr. REID. Mr. President, it goes Government that that plan is unac- threat to America’s national security without saying there are a number of ceptable. That is what the amendment would be potentially disastrous. If issues upon which Senate Democrats does. large parts of Iraq were to fall into the and Senate Republicans will never There are other excuses offered by hands of terrorists, there would be no agree. We have our differences about the majority. Some have argued that if end to the threats we might face. Iraq whether there is global warming, about indeed this amnesty plan is real, we could become a terrorist base for at- the staggering deficits we have, lack of should just accept it as we did amnesty tacking us and undermining our allies. health care, economic policy generally. plans following World War II and Viet- Many of Saddam Hussein’s weapons I understand and respect the dif- nam. Of course, we know that there scientists are still in Iraq, and the de- ferences we have on those issues. If were war trials in World War II. World struction of 9/11 would pale in compari- there were ever an issue where we War II went on for 3 years plus. This son to the devastation terrorists could should be able to find common ground, war has been going on for 3 years plus. inflict with weapons of mass destruc- it is supporting the troops we have World War II was fought all over the tion produced in Iraq using their expe- around the world. I use the word world, Southeast Asia, all over Europe, rience. ‘‘should’’ because of what is now hap- Africa, all of the islands between Ha- Leaving Iraq to the terrorists is sim- pening in the Senate. waii and Japan. The war in Iraq has ply not an option. Surrendering is not As I speak, there is an amendment been fought in a relatively small area a solution. Zarqawi’s elimination on pending before this body. It is an and has been going on almost as long June 7 was a profound victory. Coali- amendment that says the Iraqi Govern- as World War II. So I believe the argu- tion forces have captured or killed 161 ment should not proceed with their ment that we should accept their am- of Zarqawi’s leaders, key elements in plan to grant amnesty to terrorists nesty plan doesn’t set well with me or the command and control of the ter- who kill American troops. It is a very with the American people. rorist network. Iraqi troops and the simple amendment with a message the The majority of Americans killed in Iraqi people are working ever more American people, I know, agree with. Iraq have not been killed in traditional diligently to defeat the terrorist So why is it that Republicans who con- acts of war. This war is different from enemy. In July of 2004, there were no trol this body have filibustered this others. They have been killed in acts of operational Iraqi Army division or bri- amendment? It has been going on for war, even though they have been so- gade headquarters. In just 2 years, 2 di- days now. I really have trouble figuring called nontraditional acts of war. They visions, 14 brigades, and 57 battalions that out. Their excuses don’t make were killed in acts of terror, which is control their own area of responsi- sense. part of this war. Anybody who believes bility. That is progress. Also, 28 au- Their first excuse is that aides to the in freedom and what our troops are thorized national police units are in Prime Minister were misquoted, but we dying for in Iraq should believe their the fight with 10 battalions in the lead. don’t have any evidence of that. In killers should be brought to justice if Over 254,000 trained and equipped Iraqi fact, it is quite the contrary. The aide possible. I believe the excuses on the security forces are taking the battle to who first stated this stands by his majority side are designed by Repub- the enemy. These are just a few of the story. They have asked him to step licans to hide the truth. positive indicators. With our help, Iraq down, and he no longer has his posi- The filibuster of the anti-amnesty is making steady and impressive tion. But he was quoted, after having amendment is just another example of progress every day. stepped down, as saying: cutting and running. We hear this all America has faced great challenges The prime minister himself has said that the time. If there were ever an example before. We rose up to defeat Naziism, he is ready to give amnesty to the so-called of cutting and running, it is not to one of the ugliest ideologies in modern resistance, provided they have not been in- allow a vote on a simple amendment history. It took terrible sacrifice and volved in killing Iraqis. that says we should not condone the great pain, but we defeated the Nazi That was the end of the quote. Of Iraqis granting amnesty to Iraqis who scourge. Through the Marshall plan, we course, what it doesn’t say, according have killed Americans. rebuilt a continent of democratic and to everything that they have said, is I believe this cutting and running, independent states. For the next four that it is OK to kill Americans but not which is thrown around here so gratu- decades, we battled the Cold War Iraqis. We now have news accounts— itously by the majority, could apply to against Communism, a long battle we not confirmed by the Pentagon, at what happened last year on the Defense ultimately won. In the great wars of least to me—that Kristian Menchaca, authorization bill. It took months. The the 20th century, our ideals carried us 23 years old, member of the U.S. Army, bill was reported out of committee, I through even when victory seemed far and Thomas Tucker, age 25, U.S. Army, think sometime in late April. We didn’t from assured. Young American men who were abducted, taken as prisoners get to the bill for months after that. and women who had never seen the of war, have been killed. Try telling Why? We had it on the floor once, but world came to be its bravest defenders. their families that it is OK to give am- it was pulled because of gun liability As we continue the war on terror, we nesty to the so-called resistance pro- legislation, which some believed was cannot retreat, we cannot surrender, vided they have not been involved in more important than the bill directing

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They control what happens on ator KENNEDY will bring to the floor to raise the minimum wage to $7.25 an the floor most of the time, and they this week that he has been offering re- hour, it will mean $4,400 more a year are not letting us vote on this amend- peatedly and one that we should take for these families. That is significant. ment. The majority doesn’t want to up very quickly; that is, the question When you look at the average low-in- embarrass the White House, so they are of the minimum wage in America come family, they would be able to buy content to sit on their hands and have today. 15 months’ worth of groceries; pay 19 the Iraqi Government over there talk- Senator KENNEDY’s amendment months of utility bills, which have ing about granting amnesty to those would raise the minimum wage to $7.25 gone up dramatically since we last who kill Americans. an hour in three steps over a period of raised the minimum wage; pay 8 The President said he looked Prime several years—$5.85 shortly after enact- months of rent; over 2 years of health Minister al-Maliki in the eye and said ment, $6.55 a year later, and then $7.25 care for the basic low-income family; a year after that. Increasing the min- he is OK, ‘‘I looked him in the eye.’’ 20 months of childcare; 30 months of imum wage to $7.25 an hour would ben- Well, I hope he saw in that eye the fact college tuition at a public 2-year col- efit 61⁄2 million Americans, 60 percent that this man was willing to grant am- lege. nesty to Iraqis who killed Americans. of whom are women. These are people Think about that difference. A low- It is not an eye that I think the Amer- by and large who are in very low-pay- income mother, a single mother, rais- ican people think is appropriate—am- ing jobs and are trying to raise chil- ing children now might be able to af- nesty for the killers of American dren, trying to make ends meet under ford good daycare for her children so troops. But it appears that the major- extremely difficult circumstances. she has peace of mind when she goes to The current minimum wage was en- ity is willing to do this even if it jeop- work, knowing the kids are in safe acted in 1997 at $5.15 an hour, which is ardizes our soldiers serving in Iraq by hands. I have visited with families, and giving terrorists who want to attack barely $10,000 a year in gross wages, total wages. I cannot imagine a family if they are not lucky enough to have a them a get-out-of-jail-free card. mother or a grandmother who will step We can do a lot better than that. struggling to survive that could make it on $10,000 a year. As a result, many in, some try to find a neighbor who Let’s put the excuses aside and do the will, and that is not always the best right thing before another day passes. people are forced to work more than one job in minimum wage. Many are care. That has to be a source of great Let’s join together and pass this concern to every parent facing that amendment. forced to turn to pantries and soup kitchens to supplement the income for possibility. f their families. Imagine, if you will, the I believe there is a direct correlation MORNING BUSINESS stress most Americans feel working 40 between the failure to raise the min- hours a week, trying to keep up with imum wage and a dramatic increase in The PRESIDENT pro tempore. Under the number of Americans living in pov- the previous order, there will be a pe- their kids and trying to spend a little time with them, enjoying life with erty. riod for the transaction of morning We used to talk about this issue. This them on weekends, and then make that business for 30 minutes, with the first used to be an issue which was debated 40-hour week a 60-hour week and figure half of the time under the control of on the floor of the Congress, about how the Democratic leader or his designee out how it would be, particularly if you are a single parent doing your level many people were poor in America. We and the second half of the time under believed—and still do—that this great the control of the majority leader or best to raise a good child. As this Congress has ignored the land of opportunity should offer oppor- his designee. tunity to the poorest among us. Yet Mr. REID. Mr. President, I suggest minimum wage for 9 years, we have said to these struggling families and what we have seen is that the number the absence of a quorum. of poor people has been growing dra- The PRESIDENT pro tempore. The parents: We are going to make the bur- matically over the last several years, clerk will call the roll. den more difficult for you. Even though The bill clerk proceeded to call the you get up every morning and go to while those who are well off are even roll. work, which we applaud, we are not better off. So the poor are truly poorer, Mr. DURBIN. Mr. President, I ask going to reward you for that. We are and the rich are getting richer. unanimous consent that the order for going to make it more difficult for you If you look at America as a system of the quorum call be rescinded. to keep your family together. laws that reflect an American family, The PRESIDENT pro tempore. With- Since Congress last increased the how can we afford to leave people be- out objection, it is so ordered. minimum wage in 1997 to $5.15 an hour, hind? I don’t think we can. Thirty- Mr. DURBIN. Mr. President, under the real value of that wage has gone seven million Americans currently live morning business, are the Democrats down 20 percent, which basically means in poverty. That is more than 10 per- recognized at this moment? the cost of living keeps going up while cent of America. Thirteen million of The PRESIDENT pro tempore. Yes. the minimum wage has been stuck at those are children. Among full-time, The Democrats have the first 15 min- $5.15. Minimum wage workers have al- year-round workers, poverty has in- utes, with 141⁄2 minutes remaining. ready lost all of the gains that were en- creased by 50 percent since the late f acted in 1996 and 1997, when we last 1970s. There was a time when we cared raised the minimum wage. It is amaz- about those numbers. There was a time MINIMUM WAGE AMENDMENT ing to me that the minimum wage has when President Reagan suggested Mr. DURBIN. Mr. President, later become a partisan football in the Con- changing the Tax Code to put in an this week, we are going to debate the gress. There was a time when Repub- earned-income tax credit to give the Department of Defense authorization lican Presidents would waste no time poorest families a helping hand. Of bill. It is a very important bill. It also increasing the minimum wage, and Re- course, we created programs such as is one of the few times during the publican Congresses would follow suit, food stamps, WIC, and other programs course of the year where we actually understanding that this is very basic to for those low-income categories. There have a chance to offer amendments on the question of economic justice in was a time when both political parties very important issues. Most bills that America; that if the poorest among us cared about the issue of poverty. come to the floor are fairly restrictive don’t receive enough money for going Today, we don’t discuss it. I don’t in terms of the procedures of the Sen- to work, it causes extreme hardship on know why. I believe we should. ate. They limit what you can say and them. Minimum wage employees working 40 what you can address and the amend- The minimum wage, once created by hours a week, 52 weeks a year, earn ments that can be offered. President Roosevelt, has been each $10,700 a year. That is $6,000 below the

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Who are they? this minimum wage. after the Federal minimum wage took They are the people who took the Let me add that I salute our Gov- effect and created jobs, in the last 4 dishes off your table at the restaurant ernor in Illinois who, through the years under the Bush administration this morning. They are the ones who State legislation, increased Illinois’ the minimum wage has held steady made the bed at the hotel after you minimum wage so that we pay more to while its real value has steadily de- left. They are the ones who are watch- workers. But clearly we need to do this clined, and only 4.7 million jobs have ing your kids at the day-care center. across the Nation and not leave it to been created. They are the same ones who are watch- the leadership of Governors. We should It is one thing for politicians to give ing your parents at the nursing home. show leadership in Congress. lofty speeches about values and family They are the ones who are making sure Raising the minimum wage is going values. It is another thing to look at your golf course is perfect when you go to help the economy, too. A lot of peo- the rollcall on the minimum wage and out to play golf. And they are the ones ple argue otherwise. Whether it be rais- ask those same Members who are pon- who get up every single day and do ing the Federal or State minimum tificating about the guidance—the di- these hard jobs for very little pay. wage, history shows that it doesn’t vine guidance—that brings them to Why in the world are we sitting here have a negative impact on the econ- this Chamber and then systematically ignoring the obvious? If you value fam- omy. That is the argument which has voting against the poorest among us. ilies and you value workers, you should been used against the minimum wage That, to me, is a shame and something value work. To hold the minimum since Roosevelt first created it; that if we should remedy by adopting the Ken- wage at $5.15 an hour for 9 years is you raise the minimum wage to $1 an nedy amendment. shameful, and it should change. hour—or whatever it happened to be in We force a lot of hard-working Amer- I urge my colleagues to support the the earliest days of the history of this icans and their families to work longer amendment that is going to be offered legislation—somehow jobs would be hours, work harder to pay for the ne- by Senator KENNEDY. I am happy to be eliminated because people would say cessities. That is time away from their a cosponsor of that amendment. that rather than pay a dollar an hour, children, time away from just a little Mr. President, how much time is re- they will hire fewer employees. That is relaxation so they can put their lives maining on the Democratic side in always the argument, and that argu- together and face another hard week of morning business? ment fails every time when we look at work. The PRESIDING OFFICER (Mr. the impact of an increase in the min- In Illinois, a worker earning the min- DEMINT). There is 1 minute remaining. imum wage. imum wage has to work 95 hours a f In the 4 years after the last Federal week to afford a two-bedroom apart- IRAQ minimum wage increase passed in Con- ment. Mr. President, 11.9 percent of Il- Mr. DURBIN. Mr. President, later gress, the economy experienced its linois residents live in poverty, and an this week as part of the debate on the strongest growth in over 30 years. unacceptably low minimum wage is Defense authorization bill, we will talk Nearly 12 million new jobs were added part of the problem. about Iraq. That a timely issue. As of in the late 1990s—almost a quarter of a Over 20 States, including Illinois, last week, there have been 2,500 sol- million a month. So as we raised the have taken upon themselves to raise diers’ lives lost in Iraq since the begin- minimum wage, the number of jobs the minimum wage and give an eco- ning of this conflict. What was prom- didn’t shrink, it dramatically in- nomic boost to their citizens. After the ised to the American people to be a creased—exactly the opposite of what State of Illinois raised the minimum rather uncomplicated effort by Amer- the critics of increasing the minimum wage in January of 2005 to $6.50, Illinois ica to rid Iraq of a dictator has turned wage have argued for 60 years or more. nonfarm employment increased by out to be a war that has gone on for 3 The last raise in the minimum wage 79,800 jobs. It didn’t go down in Illinois did not have a negative impact on my years with no end in sight. after the minimum wage went up. It in- This week the Senate will have a State’s economy when the State of Illi- creased. chance to say to the Iraqi people that nois sought a minimum wage increase. Since the State raised the minimum as of the middle of next year, this be- The fact is, in the 4 years after Con- wage, Illinois has ranked No. 1 among comes your responsibility. We will give gress passed the last Federal increase, all Midwest States in the total number you 12 months and more American Illinois experienced great economic of new jobs. lives and more American dollars and growth. Over 350,000 new jobs were Illinois employers have created 30,000 then, Iraq, you have to stand up and added to the State’s economy. Even the new jobs in the traditionally lower defend yourself. If you believe in the retail industry, which is often cited as paying, higher proportion minimum future of your Nation, it has to go be- the industry most sensitive to the min- wage industry sectors of leisure, hospi- yond an election, go beyond political imum wage, saw over 44,000 new jobs tality, and trade. debate. It has to reach the point where created in Illinois 4 years after the in- The minimum wage amendment we Iraqi citizens are prepared to stand, de- crease in the Federal minimum wage. are debating today would give a raise fend, and die, if necessary, for their Research shows that other States ex- to 333,000 workers in Illinois. own country. perienced similar impacts. It has been more than 9 years since There are 130,000 American lives on A study by the Fiscal Policy Insti- the minimum wage workers last saw an the line today and every day. We have tute of 10 States that raised the min- increase in their wages. It is a delicate to serve notice on the Iraqis that their imum wage above the Federal rate subject and one that Members of Con- future has to be in their hands. found that both total employment and gress do not want to discuss, but I The PRESIDING OFFICER. The Sen- employment in the retail sector grew think we have to be very honest about ator’s time has expired. more rapidly in higher minimum wage it. While we have consistently, year The Senator from Georgia. States. after year, denied an increase in the Mr. ISAKSON. Mr. President, I ask And for small businesses with fewer minimum wage to the poorest, hardest unanimous consent to be recognized for than 50 employees, the number of busi- working Americans, we have every 7 minutes in morning business. nesses, employment, and the size of the year without fail increased congres- The PRESIDING OFFICER. Without total payroll grew faster in higher min- sional pay. Our salaries have gone up objection, it is so ordered. imum wage States than in States while we have ignored the plight of the f where the lower minimum wage pre- poorest among us. vailed, exactly the opposite of what During the 9 years that Congress has IRAQ critics say if you raise the minimum raised its own pay by $31,600, we have Mr. ISAKSON. Mr. President, I heard wage: you are going to hurt the retail not increased the minimum wage for the distinguished deputy minority

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6103 leader speak last Friday morning in Taliban, and we are winning in Iraq ing the right war in the right place at about a 15-minute speech, and he just today over the insurgency headed by the right time for the right reason. For added another minute, about Iraq. So I al-Qaida. us to talk about timetables or suggest come to the floor to address the spe- Have some of us forgotten 9/11/2001? drawdowns or compromise our commit- cific points the distinguished Senator Have we forgotten the USS Cole? Have ment is just plain wrong. just raised and the potential amend- we forgotten the fatwa issued in 1996 I yield the floor. ments that will be offered on the floor. when war was declared by al-Qaida on The PRESIDING OFFICER. The Sen- I want to tell you about the flash- the United States of America? Most ator from Virginia. back that went through my mind as I Americans haven’t. Mr. WARNER. Mr. President, I com- sat in that chair and listened to that I want to conclude by three little sto- pliment our distinguished colleague speech. The flashback was to my gen- ries about the past month in my life. from Georgia for his remarks. I hope eration’s war in the 1960s and 1970s in I stood on the courthouse steps in throughout the day colleagues on both Vietnam. The flashback was to what I Walton County, GA, this Saturday wel- sides will address this critical issue remember started in 1970 and cul- coming home eight members of the with regard to our future policies in minated in 1972. 48th Brigade from Iraq. I stood there Iraq and in Afghanistan. I commend my staff, in particular with all the citizens of Monroe and I yield the floor. Andrew Billing, for spending the week- Walton Counties cheering them on—all The PRESIDING OFFICER. The Sen- end accumulating the speeches on the the citizens, including Robert Stokely, ator from Arizona. floor of the Senate from August of 1970 the father of SGT Mike Stokely who Mr. KYL. Mr. President, it is amaz- to May of 1972, speeches by Cranston died in August of 2005 in Iraq. He came ing to me that less than a week after and McGovern and KENNEDY and BYRD up and gave me Michael’s dog tag, the President returned from Iraq, hav- and Humphrey. They talked about it hugged me, grabbed my hand, and he ing visited with the new Government was time for us to start withdrawing, welcomed home those eight soldiers, leaders there, and having disclosed the first not on a time certain, but by just knowing that his son, Michael, the death of the top al-Qaida leader a certain number of troops, until the ninth, was not home with them, but he Zarqawi, in Iraq, colleagues in the Sen- crescendo built so loud over 18 months was proud of his effort. ate would actually be proposing with- it became a date certain, August 31, Let’s make sure Michael didn’t die in drawal from Iraq. 1972. vain. Let’s not lose our resolve on the The strategy there needs to be to The debate on the Senate floor drove floor of the Senate. win, not to withdraw. Withdrawal fol- the policy of the United States of The second incident I want to de- lows victory. If we think about the America against communism and in scribe is what happened yesterday in wars we have gone into—think about defense of freedom, and all of us re- the Atlanta airport. I was late. I was World War II, for example—would it member what happened. The first steps running for my flight. I went through have made any sense for the Congress the atrium. All of a sudden a huge were it wasn’t a date certain, it was of the United States to pass a resolu- round of applause erupted. I stopped. I 120,000 troops, and we went from a half tion saying to Franklin Roosevelt: You didn’t know what in the world was million to 380,000 and then to 240,000, set a deadline for getting out of Ger- going on. I turned and looked, and and then when we got to 240,000, the many and for getting out of Japan or there marched about 30 members of the resolution became: Withdraw by Au- we are not going to continue to support United States Army in their desert fa- gust 31, 1972. this effort? It would have been ludi- tigues on the way to an airplane, prob- Anyone who was alive on that date crous at the time. More importantly, it ably on their way to Iraq, and all those who remembers that scene remembers sends a message to our troops, to our citizens in that airport from around precisely what happened: the last of enemies, and to our allies, and to the the world flying through Atlanta the Americans to leave Saigon on the people in Iraq that is devastating. stopped to give them a standing ova- roof of our Nation’s embassy being shot Let me read a letter that was written tion. by one of our soldiers stationed in at by the Vietcong as they were climb- I don’t think those people would Fallujah recently to his hometown ing a rope ladder into a Huey heli- want us to set deadlines, timetables, newspaper in Ridgefield, CT, which ex- copter. and withdraw from the ultimate battle. We lost over 50,000 American lives in And my last analogy is in Margraten presses what I suspect is the view of Vietnam and a lot of them between the in the Netherlands 3 weeks ago when many of our soldiers. Here is what he said: beginning of that debate to withdraw Senators CRAIG, SPECTER, BURR, and in August of 1970 until the end of it in myself sat on a beautiful sun-lit day In Fallujah, the people watch Al-Jazeerah. August of 1972. before 7,000 Dutch in the American However, they also watch CNN. A lot of them I know there is a proposed amend- fear the United States will soon cut and run. Cemetery in the Netherlands as the . . . Furthermore, they know that the insur- ment, probably by the Senator from Royal Dutch Air Force flew over in a Michigan, that will begin the same way gents will not end their efforts early . . . missing-man formation and as the Therefore, if they help us, their lives and the the amendments began over 30 years Royal Dutch Senior Man’s Choir sang lives of their loved ones will be in great jeop- ago on this Senate floor: not a date ‘‘God Bless America.’’ ardy the minute we leave—if we don’t finish certain, but a scaling down of our com- I stood there for the better part of an the job. Much that they see on American tel- mitment. And to that I want to address hour having my hand shook by citizens evision leads them to believe that we intend the damage that will do to our effort. of Holland thanking me for what Amer- to abandon our efforts before the new Iraqi First and foremost, it hands a vic- icans did 62 years ago when they in- Government is capable of defending itself tory to our enemy they cannot win on vaded Normandy, fought the Battle of and its citizens. the battlefield. The terrorists have said the Bulge, and deposed Adolph Hitler. The bottom line is that the people in it is to psychologically destroy the will There is nothing different about the Iraq watch what we do, our friends and of America that they want to win the hatred and intolerance for humanity, our enemies, and much of our ability to battle. They know they can’t win it on race, and religion of Adolph Hitler and win there depends upon figuring out the battlefield. Why should we begin to the intolerance for race, religion, and which is going to be the winning side. question our resolve and, worst of all, faith of al-Qaida. The battle is just as They want to be on the winning side. why should we repeat the horrible mis- great. The warriors may be different, They don’t want to side with us only to take of the way in which we managed the site may be different, the method- have us cut and run, leaving them with our conflict in the seventies? ology may be different, but the result these insurgents who will find out who It is time we recognized that we are would be the same. they are and take care of business. Ob- winning a great victory for mankind, Had we not stayed the course in the viously, we have to send a message to not just the Iraqi people; that America 1940s, the world would have lost. If we them that we intend to prevail and went to enforce a U.N. resolution when do not stay the course today, if we turn therefore they can side with us. the U.N. would not; that we deposed a our back, the world will lose again. What we will learn is that much of dictator that everybody said was bad. Once again, the sons and daughters of our ability to get al-Zarqawi and oth- We won in Afghanistan over the the United States of America are fight- ers depends upon the cooperation of the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6104 CONGRESSIONAL RECORD — SENATE June 20, 2006 Iraqis themselves. A lot of our intel- through these sort of sugar-coated no- they apparently have decided will be ligence comes from the fact that Iraqis tions of phased withdrawals—not a used no matter what the facts of any believe we are there to stay until the deadline—not cut and run—it is just a particular proposal are. I would just job is done, and if they help us, they phased withdrawal, what kind of a sig- point out in this morning’s Washington can hasten that day. But if they come nal does that send? It still creates a Post that Mr. al-Rubaie, who is the Na- to believe that they help us, we leave, date, a timetable, and a message to the tional Security Adviser for Iraq, has and then the insurgents find out who enemy that we are, in fact, going to be argued that by year’s end, we envision they are, we are not going to get any leaving, and all they have to do is wait the U.S. troop presence to be under more help. It is going to delay the time us out. 100,000. That would be at least a 30,000 that we can leave rather than accel- So I say to my colleagues, these reduction. I wonder whether people, or erate that time. kinds of proposals should be soundly Senators, who are going to mischarac- The people in the region, the coun- rejected as they were last week, both terize the Levin-Reed et al amendment tries that surround Iraq, would be in in the Senate and in the House of Rep- are going to also then suggest that the the very same position. They have de- resentatives, and we should be sending Security Adviser to the new Prime cided that they are going to be on the the signal to our troops, as well as to Minister of Iraq supports cut and run side of the winner, and they believe our enemies and to our allies: we are when he says that they envision a re- right now the United States is the win- there to stay until victory, not until duction of American troops to be below ner in Afghanistan, in Iraq, and cer- we achieve some artificial deadline. 100,000 by the end of this year, and he tainly the leaders of Pakistan, of Saudi Mr. WARNER. Mr. President, I thank sets forth in this morning’s Wash- Arabia, of Lebanon, each of the coun- the Senator for his contributions to ington Post all of the reasons it is so tries surrounding has decided to throw this debate. I simply would add this important that foreign troops be rede- in with us. As the President said, you one very important thought I have had ployed, including to legitimize Iraq’s are either for us or against us. If we cut all along. This has been a struggle of a Government in the eyes of its people. and run from Iraq, those countries are nation to achieve its place in the world I ask unanimous consent that the en- not going to be able to stay with us, of governments of democracy. They tire article written by the Security Ad- and what we will have done is to prove have had—if there is one sign of cour- viser to the new Prime Minister, Mr. age amongst the Iraqi people, and what Osama bin Laden said is true, and al-Rubaie, be printed in the RECORD. that is that instead of the strong horse, today regrettably there is so much There being no objection, the mate- we are the weak horse. That is what strife and killing, but these people rial was ordered to be printed in the have gone to the polls in record num- the people in the region are waiting to RECORD, as follows: bers three consecutive times. You need see. [From the Washington Post] only look at history and the difficulty So these concepts—whether it is an THE WAY OUT OF IRAQ: A ROAD MAP immediate withdrawal or simply the of forming a government to say that the newly elected government, a per- (By Mowaffak al-Rubaie) beginning of a phased withdrawal this There has been much talk about a with- year, with the President being required manent government now, at long last, is a unified government, and it has drawal of U.S. and coalition troops from to submit a plan for complete withdraw Iraq, but no defined timeline has yet been by the end of next year—are all part been achieved in a matter of months. set. There is, however, an unofficial ‘‘road and parcel of the same thing: a mes- They were tough months, to wait them map’’ to foreign troop reductions that will sage to the enemy that we are leaving out. It is interesting that it took 8 eventually lead to total withdrawal of U.S. and here is our timetable for leaving. years in a way for this great Nation of troops. This road map is based not just on a All you have to do is wait until we are ours to achieve the final form of gov- series of dates but, more important, on the achievement of set objectives for restoring gone and then it is yours for the tak- ernment that we have today. So the Iraqi Government is in place, security in Iraq. ing. That is not just destructive for the and we must recognize it is a sovereign Iraq has a total of 18 governorates, which Iraqi people; the whole point is that it nation, and they have to make deci- are at differing stages in terms of security. is destructive for our whole policy in Each will eventually take control of its own sions on their own. The Iraqi people security situation, barring a major crisis. winning the war against the terrorists. cannot perceive that we are dictating They have to believe we are on the But before this happens, each governorate how they will exercise their sov- offensive, we are going after them, and will have to meet stringent minimum re- ereignty. We are committed to stay we won’t quit until we win. But by quirements as a condition of being granted there with our forces and the coalition control. For example, the threat assessment pulling out of Iraq, we are sending the forces to enable them to exercise their of terrorist activities must be low or on a signal that by simply hanging on, by choice and the means by which to pro- downward trend. Local police and the Iraqi causing us trouble with roadside bombs vide sovereignty for their people. army must be deemed capable of dealing and other mechanisms, all they have to So I thank my distinguished col- with criminal gangs, armed groups and mili- do is wait us out; we will lose patience, league, and I think this will, in the tias, and border control. There must be a clear and functioning command-and-control we will lose nerve, we will leave, and hours and days to come, unfold into a that is how they win the war on terror. center overseen by the governor, with direct very strong and vigorous debate on communication to the prime minister’s situ- So it is not just about the Iraqi peo- these issues. But in the end, always ple and their ability to govern them- ation room. allow the beacon of sovereignty, which Despite the seemingly endless spiral of vio- selves in freedom or the people of Af- we have enabled through enormous sac- lence in Iraq today, such a plan is already in ghanistan; it is about the message it rifice to allow them to achieve, to be place. All the governors have been notified sends to the people who are today with the beacon that we must follow. and briefed on the end objective. The current us in the war on terror. It is about our Mr. President, I understand that my prime minister, Nouri al-Maliki, has ap- ability to continue to show that we are distinguished colleague from Rhode Is- proved the plan, as have the coalition forces, and assessments of each province have al- winning the war on terror, and that land is prepared to address the Senate they better side with us rather than ready been done. Nobody believes this is for a period of 20 minutes or so is my going to be an easy task, but there is Iraqi side with people who are going to lose. understanding, and if that is in accord- and coalition resolve to start taking the It is all about winning the war over ance with the wishes of my ranking final steps to have a fully responsible Iraqi there so that we don’t have to worry as member, he may so state. government accountable to its people for much about attacks in the United The PRESIDING OFFICER. The Sen- their governance and security. Thus far four States. ator from Michigan. of the 18 provinces are ready for the transfer This is a multifaceted war. There are Mr. LEVIN. Mr. President, I would of power—two in the north (Irbil and enemies all over the globe. The best ask the Senator from Rhode Island, Sulaymaniyah) and two in the South way to win that war is through good who is under a unanimous consent (Maysan and Muthanna). Nine more prov- intelligence and then taking the fight inces are nearly ready. agreement to be recognized for 20 min- With the governors of each province meet- to the enemy. Right now, the bulk of utes, to yield to me for 2 minutes. ing these strict objectives, Iraq’s ambition is that fighting is in Iraq, and it is there Mr. REED. I will yield. to have full control of the country by the that we have to confront the enemy Mr. LEVIN. Mr. President, I noticed end of 2008. In practice this will mean signifi- and defeat the enemy. If we pull out Senator KYL again uses rhetoric which cant foreign troop reduction. We envisage

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6105 the U.S. troop presence by year’s end to the I yield the floor. very distinguished military record of under 100,000, with most of the remaining f his own, and quite modest about it. But troops to return home by the end of 2007. at some point I would love to have a The eventual removal of coalition troops from Iraq streets will help the Iraqis, who CONCLUSION OF MORNING colloquy with the Senator on why now see foreign troops as occupiers rather BUSINESS Rhode Island—we are talking about than the liberators they were meant to be. It The PRESIDING OFFICER. Morning sovereignty and the formation of gov- will remove psychological barriers and the business is closed. ernments—about why did they hold out reason that many Iraqis joined the so-called those many years before ratifying the resistance in the first place. The removal of f Constitution? At some point, could the troops will also allow the Iraqi government to engage with some of our neighbors that NATIONAL DEFENSE AUTHORIZA- two of us have a colloquy about that? have to date been at the very least sympa- TION ACT FOR FISCAL YEAR 2007 Mr. REED. I would be happy to do that, in the future. thetic to the resistance because of what they The PRESIDING OFFICER. Under call the ‘‘coalition of occupation.’’ If the sec- I would like to highlight some of the the previous order, the Senate will re- tarian issue continues to cause conflict with aspects of the bill which I think are Iraq’s neighbors, this matter needs to be ad- sume consideration of S. 2766, which very important. I have had the privi- the clerk will report. dressed urgently and openly—not in the lege of working with Senator CORNYN guise of aversion to the presence of foreign The bill clerk read as follows: as the ranking member of the Emerg- troops. A bill (S. 2766), to authorize appropriations Moreover, the removal of foreign troops ing Threats Subcommittee. It has been for fiscal year 2007 for military activities of a real pleasure. He has conducted the will legitimize Iraq’s government in the eyes the Department of Defense, for military con- of its people. It has taken what some feel is struction, and for defense activities of the committee with great efficiency and an eternity to form a government of national Department of Energy, to prescribe per- great cooperation. The staff has been unity. This has not been an easy or enviable sonnel strengths for such fiscal year for the particularly helpful on a bipartisan task, but it represents a significant achieve- Armed Forces, and for other purposes. basis. ment, considering that many new ministers are working in partisan situations, often Pending: I am pleased to note that in the con- text of our deliberations, several im- with people with whom they share a history McCain amendment No. 4241, to name the of enmity and distrust. By its nature, the Act after John Warner, a Senator from Vir- portant measures were included in this government of national unity, because it is ginia. legislation. First, we have authorized working through consensus, could be per- Nelson of Florida/Menendez amendment an additional $400 million for science ceived to be weak. But, again, the drawdown No. 4265, to express the sense of Congress and technology programs. The original of foreign troops will strengthen our fledging that the Government of Iraq should not request sent by the Department of De- government to last the full four years it is grant amnesty to persons known to have at- fense was woefully inadequate. Science supposed to. tacked, killed, or wounded members of the While Iraq is trying to gain its independ- and technology is the key to our future Armed Forces of the United States. on the battlefield as we match the skill ence from the United States and the coali- McConnell amendment No. 4272, to com- tion, in terms of taking greater responsi- mend the Iraqi Government for affirming its and valor of our soldiers with the very bility for its actions, particularly in terms of positions of no amnesty for terrorists who best technology. We have to continue security, there are still some influential for- have attacked U.S. forces. this investment. I am pleased that our eign figures trying to spoon-feed our govern- Dorgan amendment No. 4292, to establish a legislation increases that item by $400 ment and take a very proactive role in many special committee of the Senate to inves- million. key decisions. Through this many provide tigate the awarding and carrying out of con- some benefits in the short term, in the long Also, the bill includes language to re- tracts to conduct activities in Afghanistan run it will only serve to make the Iraqi gov- quire a report to Congress on the test- and Iraq and to fight the war on terrorism. ernment a weaker one and eventually lead to ing policies and practices that should Kennedy amendment No. 4322, to amend a culture of dependency. Iraq has to grow out the Fair Labor Standards Act of 1938 to pro- be pursued with respect to rapid acqui- of the shadow of the United States and the vide for an increase in the Federal minimum sition programs, spiral development coalition, take responsibility for its own de- wage. programs, quick reaction fielding pro- cisions, learn from its own mistakes, and Frist amendment No. 4323 (to Amendment grams, and the testing for safety and find Iraqi solutions to Iraqi problems, with No. 4322), to amend title 18, United States the knowledge that our friends and allies are survivability of deployed equipment. Code, to prohibit taking minors across State standing by with support and help should we One of the weaknesses, I believe, with need it. lines in circumvention of laws requiring the the present approach of the Depart- involvement of parents in abortion decisions. Mr. LEVIN. Mr. President, I ask ment of Defense is a failure to ade- unanimous consent that after Senator The PRESIDING OFFICER. Under quately test and evaluate, and I think the previous order, the Senator from REED is recognized—the chairman and I that failure has to be corrected and have talked about this—at that point, Rhode Island, Mr. REED, shall be recog- this report will, I hope, put attention the Dorgan amendment be the matter nized to speak for up to 20 minutes. on this issue and lead to positive re- before the Senate. I believe that the Mr. REED. Mr. President, I rise this sults. Senator from Virginia and I have morning to discuss the fiscal year 2007 The legislation also urges the De- agreed that Senator DORGAN would be Defense authorization bill. I am glad it partment of Defense to identify and recognized for 10 minutes, to be fol- is on the floor. It is very important leg- nominate an individual to serve as the lowed then by the chairman for 5 min- islation, and it is arriving in a timely Director of Operational Test and Eval- utes, and the intention then would be manner where we can dispose of it uation. This position has been vacant to proceed to a rollcall vote. along with the other body and hope- since January 2005. It is a critical posi- Mr. WARNER. Mr. President, we are fully conclude in the next few weeks tion. This individual is the key inde- fully in concurrence as managers, but I with a finalized Defense authorization pendent personality in the Department would like to have the benefit of our bill. of Defense to look at the testing and leaders and the respective staff work- I would also note that this is Senator evaluation of new equipment. Without ing up a unanimous consent agreement WARNER’s last bill as chairman of the this position, the testing emphasis is precisely outlining that. Then, as I fur- Senate Armed Services Committee, woefully inadequate in the Department ther discussed with my colleague from and I personally want to commend him of Defense. Michigan, we had hopes that the mat- and thank him for his leadership, not As we put new systems into the mili- ter raised by the Senator from Florida, only as the chairman of this com- tary, we have to ensure that these sys- Mr. NELSON, in which he had an amend- mittee, but as a young sailor, a young tems are adequately tested. Without an ment relating to the issue of amnesty, marine, and a more mature Secretary individual with that responsibility and be addressed together with the side-by- of the Navy, and now a mature Member that position and posture within the side amendment by the Senator from of the United States Senate. So thank Department of Defense, we are not pro- Kentucky, Mr. MCCONNELL. So I hope you, Senator, for your leadership and viding the appropriate personality and that while hearing from our colleague friendship. mechanism to do the job. from Rhode Island addressing the Sen- Mr. WARNER. Mr. President, I thank The bill also establishes the Joint ate, we can have a formalized UC my colleague from Rhode Island. I ap- Technology Office to coordinate all agreement. preciate his remarks, a Senator with a DOD hypersonics research programs in

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6106 CONGRESSIONAL RECORD — SENATE June 20, 2006 conjunction with NASA. The new office budget. Our legislation would provide Let me now turn to an issue of in- reflects an appreciation of the impor- $100 million to do that and allow our creased importance in the last few days tant role that these technologies can special operators to continue to en- and that is missile defense. We are all play in advanced air platforms, missile hance their technology and their pro- anxiously observing what is going on in systems, and space systems. The com- grams. North Korea—the intelligence sug- mittee’s provision is an effort to ensure The increase will provide, I think, gesting that the North Koreans are that millions of dollars being invested also, support for our Weapons of Mass preparing to launch a long-range bal- by the services and by DARPA in Destruction Civil Support Teams. listic missile. hypersonics are optimized and coordi- These are military teams that are or- This bill contains language that I nated to enable this maturing set of ganized in case of a weapons of mass think recognizes a need to continue to technologies to reach operational capa- destruction incident in the United develop a missile defense system and to bilities at the highest possible rate and States. They are critical. The original do so in a way that can assure its effec- at the earliest possible time. 32 teams played a key role. This would tiveness. The bill would authorize addi- The bill also extends the authority allow them to upgrade their equip- tional funding for systems that we for DOD to run technology competi- ment. know are working and are extremely tions and awards cash prices to win- The bill also authorizes about $70 valuable, including the Aegis BMD sys- ners. This is a provision that DARPA million to fund two of Northern Com- tem and the Patriot/PAC–3 system. I uses very effectively. mand’s highest unfunded priorities. In- note the Patriot system is our only The bill also authorizes more than cluded among these priorities are system that has actually intercepted a $30 million in increases for research interoperable communications to fa- hostile missile, and that additional that supports defense manufacturing cilitate the support of civilian authori- support for this system is more than technology. A growing concern in the ties. This is an obvious need after Hur- justified. I also note that the Patriot United States, in both the defense and ricane Katrina. When we go back—I am system was rigorously tested and was commercial sector, is whether or not sure my colleagues are in the same po- subject to operational testing before it we have the capability to manufacture sition—to our home States we hear a was fully deployed. what we invent. This money will help persistent cry from fire and police offi- The largest single missile defense us enhance our manufacturing abilities cials that they need interoperable com- funding increase which is authorized by throughout the United States. munications to talk amongst them- this bill is $115 million for additional There is another area of the bill that selves and to talk to other levels of integrated flight tests for the Ground- I think is very important and that is command. based Mid-course Defense system, the the area that helps us protect this The bill also creates a senior execu- GMD. I think it is very important to country from weapons of mass destruc- tive position within the Office of the focus in on operational testing of this tion. First, the Cooperative Threat Re- Assistant Secretary for Defense for system. One of the shortcomings of the duction Program of the Department of Special Operations and Low-Intensity whole program for developing our mis- Defense is fully funded with a budget Conflict to provide management over- sile defense system has been a rush, in request of $372 million. The Coopera- sight for SOCOM’s acquisition pro- many cases, to failure, not taking the tive Threat Reduction Program is one grams. One of the lacking elements in steps to test the system or not design- of the leading nonproliferation pro- SOCOM’s organization is an acquisition ing tests that are operationally signifi- grams. It allows our Government to co- specialist. This bill would put in a per- cant. In that respect, we have spent a operate with other governments, prin- son with those skills, so they can fa- lot of money but we have yet, I think, cipally those of the former Soviet cilitate the acquisition and develop- to fully and effectively deploy the Union, to reduce the availability and ment of new technology for our Special ground-based mid-course system. supply of the fissile material and po- Operations Command. We have to recognize that after three tential access to nuclear devices. The bill also includes an authoriza- successive intercept flight test fail- Also, the nonproliferation programs tion for the Department of Defense to ures, the Missile Defense Agency is at the Department of Energy are fully use counterdrug funds to support U.S. taking some steps which I think are funded at $1.7 billion. This funding is assistance to the unified counterdrug/ encouraging. They created an Inde- critical. One of the most obvious counterterrorism military campaign in pendent Review Team and a Mission threats and the most grievous threats Colombia. Last April, I was in Colom- Readiness Task Force to analyze these to face this country is the existence of bia and I had the opportunity to meet failures and recommend improvements nuclear weapons, particularly if they with President Uribes. I was encour- to the GMD program. fall in the hands of terrorists. One very aged by what he has done and what the Again, one of the persistent criti- effective way to prevent this potential people of Colombia have done. I also cisms I had was that the system was apocalypse is to ensure these weapons visited with our military personnel and rushing pell-mell forward without stop- are fully under the control of a credible civilians working to help the Colom- ping to evaluate the mistakes that responsible party. In fact, in many bian military personnel who have been have been made and then planning for cases we are destroying some of this working to fight narcoterrorism and a thorough and exhaustive system of material to prevent it from ever being strengthen democratic governance in tests. Therefore, the effort was just to used again. Colombia, and I was extremely im- put something in the ground, not to en- The bill also includes an important pressed with what they have done since sure that missile system would work waiver for the President with respect my last visit in 2000. I believe, as we adequately. to the conditions that Russia must support the Colombians in their ef- MRTF, the Mission Readiness Task meet for chemical weapons destruction forts, we will make a significant con- Force, recommended that four ground- programs. It is important to continue tribution to stability in that region. based interceptors be diverted from to have these programs go forward. Finally, with respect to our efforts planned operational deployment—es- This waiver gives the President flexi- on the Emerging Threat Sub- sentially sitting in the ground being bility to continue these efforts. committee, I note the bill includes au- described as operational, but frankly I In the areas of combating terrorism thorization for incentive clauses in don’t know anyone who would give and homeland defense, the bill author- some of our chemical demilitarization that a high probability of success—to izes funding increases of about $150 contracts. This authority is intended using these missiles for ground tests. I million. Approximately $100 million of to provide a more efficient way to close think that is a step forward in terms of these funds are being used to fund the some of our chemical weapons facili- development the system. top eight unfunded requirements of the ties and to meet international dead- These recommendations were accept- Special Operations Command. We all lines. ed by the Missile Defense Agency and understand each of the components of All of these efforts were the result of the Defense Department. Again, I the Department of Defense submit the close cooperation of Senator think a recognition of a new prag- their requests. These eight elements CORNYN and the staff with respect to matism and realism on the part of the were not funded under the prevailing the Emerging Threats Subcommittee. Missile Defense Agency, something

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6107 that is more than overdue. We need need approximately $13.5 billion each Right now the Navy is currently pro- more testing to ensure the GMD sys- year for the next decade to recapitalize curing one Virginia class attack sub- tem will work, and I think the legisla- the fleet. However, the President’s marine per year, and a ninth is in the tion we have before us will signal and budget request only includes 7 ships in budget for this year. However, under encourage such testing. fiscal year 2007 versus the 11 that the the original plan drawn up by the Navy The bill would also include a provi- Chief needs to maintain the 313-ship in 2003, production of two boats per sion that would require the Depart- fleet. Seven ships in fiscal year 2008. In year was supposed to begin in fiscal ment to submit to Congress each test 2009 the suggestion is they move up to year 2007. Now the procurement of two and evaluation plan approved by the nine ships. But those plans have been per year has been pushed back to fiscal Director of Operational Tests and Eval- delayed before. year 2012. uation under Section 234 of last year’s This shipbuilding level simply cannot If the Navy is able to implement its National Defense Authorization Act. sustain the fleet. My greatest concern plan and begin building two attack Again, this provision is designed to is with respect to the construction submarines per year in fiscal year 2012, help improve testing and to show the level of submarines. While many be- the attack submarine fleet will still emphasis that the Congress places on lieve that the need for submarines has drop below 40 before it begins to in- this testing. diminished with the end of the Cold crease again. If the 2-per-year procure- Finally, the bill includes a provision War, the demand for these unique as- ment keeps getting pushed off to the that would extend the requirement to sets has never been greater. left—it has already happened 10 times have the GAO assess the missile de- Last week I was with Senator DODD where it has been pushed back—the fense program. The GAO plays a very and Senator INOUYE for the christening submarine force would drop as low as valuable role as an outside objective of the USS Hawaii, our newest Virginia 28. observer on the progress of missile de- Class attack submarine at Groton, CT. I think we all agree that 28 is a num- fense. Admiral Roughhead, Commander of the ber that cannot be justified in terms of We have to invest in a missile defense Pacific Fleet, pointed out submarines the demand and in terms of this effort. system, but we have to do it wisely. We are his most demanded asset. They are We have to do quite a bit to move up have already seen where the effect of the one ship that is constantly re- the construction of two submarines per other budget priorities, principally quested by commanders throughout year. Iraq, has even caused the administra- the Pacific to do the tasks that are First, the report language accom- tion to move money away from their necessary to defend the Nation. panying this bill states: ‘‘The Com- original plans in missile defense. I be- This is true in our global war on ter- mittee does not understand the con- lieve we cannot afford to waste money rorism as we need the ability for tinuing delays in increasing the [sub- in this regard. We have to invest it stealthy insertion of special operations marine] construction rate’’ and directs wisely. Part of that wise investment troops. We need to be able to recover the Secretary of the Navy to submit a means having an adequate, thorough, these troops, we need to have the ca- detailed plan for lowering costs and de- exhaustive operational testing program pacity to strike with precision-guided fining goals and benchmarks for the to make steady progress, rather than Tomahawk cruise missiles. All of these Virginia class production program. I to rush to failure. are capabilities of the submarine fleet. believe this language will help compel I would like to turn to another topic Back in March of 2004, Admiral Bow- which is of concern to myself, and that the Navy and the industry to redouble man, who was then the Director of the their efforts to increase the construc- is the shipbuilding program. Since 2001, Navy’s Nuclear Propulsion Program, most of the focus of the Department of tion rate—and that is vitally impor- suggested to me that the Navy was Defense and Congress, indeed, of the tant. only able to meet about 65 percent of Nation, has been on our land forces, Second, I am pleased to know that the combatant commanders’ submarine the Army and Marines. They are en- this legislation includes $65 million for requirements with the current fleet of gaged in combat in Afghanistan and R&D for the Virginia class submarines. 54 boats. In 2003, Vice Admiral Iraq and doing a magnificent job. They This R&D is I think critical not only Grossenbacher, then commander of the are bearing the burden of a very dif- to improve the capabilities of these Naval Submarine Forces, estimated we ficult combat situation. ships but also to continue to engage in However, our Navy is still a vital ele- needed 70 submarines to meet the re- the design force which is part of the ment in our national defense. Its im- quest of all of the commanders. These human capital in our submarine indus- portance will continue to loom signifi- are requests that will simply not be trial base. cant in the future. The CNO has stated met if we drop our submarine fleet Also, I note that the bill includes $10 that he needs $13.5 billion each year for below certain limits. million for funding to begin design at least the next decade to recapitalize In addition, we understand that work on the successor to the Ohio class the fleet. With this funding, the Navy China is developing a very robust sub- ballistic submarine. This design work must also build approximately 11 ships marine fleet. Today, China’s submarine is essential to continue our ability to per year to maintain a 313-ship fleet. fleet is estimated at a number of ap- produce a follow-on generation of at- Mr. WARNER. Mr. President, will the proximately 60 boats. In 2004 and 2005, tack submarines but also ballistic sub- Senator kindly yield for me to make a 12 new submarines joined the Chinese marines. unanimous consent request so Senators fleet. New nuclear-missile-attack boats I think this is absolutely critical. can arrange their schedules? are coming on line, and China has one Let me turn to another point with re- Mr. REED. I yield to the Senator of the largest modern diesel submarine spect to our Army; that is, end from Virginia and will then regain my fleets in the world. Clearly, there is a strength. time. need to prudently react to the growing I am pleased to see that this bill au- Mr. WARNER. This is a cleared unan- underwater prowess of China. thorizes an Active-Duty Army end imous consent request on both sides. I Presently, the U.S. Navy has 282 strength of 512,400, which is 30,000 over ask unanimous consent that at 11:15 ships, including 54 attack submarines. the President’s fiscal year 2007 budget the Senate proceed to a vote in rela- In the fiscal year 2007 long-range plan request. tion to the Dorgan amendment No. 4292 for construction of naval vessels, the The act also authorizes an Active- and that no amendments be in order Navy expressed the intent to maintain Duty Marine Corps of 180,000, which is prior to the vote. I further ask unani- 313, but only 48 attack submarines. Re- 5,000 over the President’s budget re- mous consent that Senator DORGAN be call recently there were requirements quest. recognized to speak for up to 10 min- for up to 70 submarines—at least dis- I think it is important to maintain utes between now and the time before cussion of 70 submarines—or 54 sub- the end strength of the Army. the vote. marines; 48 attack submarines are cur- I think it is a result of the efforts of The PRESIDING OFFICER. Without rently in the plan. The Navy is in dan- Senators LOTT and TALENT and myself objection, it is so ordered. ger of not even being able to put to sea on the budget resolution, where we ac- Mr. REED. As I stated, the Chief of 48 attack submarines at current build tually moved $3.7 billion to accomplish Naval Operations indicated he would rate. this.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6108 CONGRESSIONAL RECORD — SENATE June 20, 2006 Let me make one final point, if I moted for being honest. She was al- towels and double the price so you can may. ways given the best recommendations, put the logo of the contractor on it be- The Army end strength is a critical the highest performance evaluations, cause it is a cost-plus contract, that re- issue. I think we have to note, at this and when they saw that the ‘‘old boy’’ lates to $100 million contracts, and it time but also at a later date continue network decided to give big sole-source relates, in my judgment, to billions of to note, that recruiting is becoming a contracts, no-bid contracts and do it in waste, fraud, and abuse. critical issue for the U.S. Army. Ac- a way that violated procurement rules, Regrettably, the Congress doesn’t cording to the information I have, the she spoke out. ‘‘The most blatant and care enough. U.S. Army, in the first three-quarters improper contract abuse’’ she has ever I suggest we remedy this by creating of the year, has recruited to a level of seen. a Truman-type committee. It worked, 40,000. That means in the final quarter Let me describe one contract—the it was bipartisan, and it began to root the Army is going to have to recruit Custer Battles contract. Two guys— out the waste, fraud, and abuse that is 40,000 soldiers to meet their goals. That Custer Battles—show up in Iraq. They so prevalent. is much higher than they have ever know there is a lot of money. The I am not going to go through the done in the last few years. American taxpayers are funding not whole list again. But let me describe it. We have a recruiting problem that is only reconstruction of Iraq but also If you are in the right place of the beginning to emerge. funding Army contracts. Two guys country of Iraq, you can stumble onto I will devote additional time on this show up in Iraq with nothing. And $100 50,000 pounds of nails, 25 tons of nails, subject at a later time. million later, they got $100 million of lying in the sand. Why? Because some- I yield the floor. the taxpayers’ money for contracts. body ordered the wrong size nails. So The PRESIDING OFFICER. The Sen- The first contract was to provide secu- you throw them out in the sand. ator from Virginia is recognized. rity at the Baghdad Airport. There is a Doesn’t matter, the American taxpayer Mr. WARNER. Mr. President, I ask criminal inquiry as a result of that. is going to pay for that. unanimous consent that the Senator Here is what Bagdad Airport security Or you can see a brandnew $75,000 from North Dakota be recognized for 10 said about this company, Custer Bat- truck that was set on fire because it minutes, after which time the Senator tles—Mr. Custer and Mr. Battles. had a flat tire, and they run it off the from Virginia be recognized for 5 min- Custer Battles have shown themselves to road. They didn’t have the capability utes, and the Senate then vote imme- be unresponsive, uncooperative, incom- to fix it and just left the truck. Doesn’t diately thereafter. petent, deceitful, manipulative war profit- matter, the American taxpayer is The PRESIDING OFFICER. Is there eers. Other than that, they are swell fellows. going to pay the bill. objection? Without objection, it is so They received 100 million in Amer- I think this is unbelievable. We have ordered. ican taxpayer dollars. spent hundreds of billions of dollars at The Senator from North Dakota. By the way, they took the forklift this point. Mr. DORGAN. Mr. President, I thank trucks off the Baghdad Airport and put I understand that our responsibility the Senator from Virginia for his cour- them in a warehouse. They painted is to do everything we should do, and tesy. them blue and then sold them back to must do, to support the troops who are This is a vote that we had before in the Coalition Provisional Authority— fighting in Iraq. the Senate. It is a vote on the estab- forklift trucks which didn’t belong to We cannot send American men and lishment of a type of committee called them. There are now criminal pro- women abroad wearing our country’s a Truman Committee. The Truman ceedings about this contract. But this uniform and not do everything that is Committee was established in the early is the tip of the iceberg. humanly possible to provide all of their 1940s to try to root out waste, fraud, Mr. President, I ask unanimous con- needs, equipment needs, weapons and abuse in military contracting. sent to show an item on the floor of the needs, and so on. I understand that. That was done when there was a Demo- Senate. That is a responsibility we have. I be- crat in the White House, a Democrat- The PRESIDING OFFICER. Without lieve the chairman of this committee ically controlled Senate, and a Demo- objection, it is so ordered. and the ranking member of this com- cratic Senator named Harry Truman. Mr. DORGAN. Mr. President, a man mittee have done a great job. I am im- He decided there ought to be a special named Henry Bunting worked for KBR, pressed with that. investigation of waste, fraud, and a subsidiary of Halliburton Corpora- The one area where all of us have abuse with respect to military con- tion, in the area of Kuwait where failed in this Congress, however, is tracting. They established a bipartisan Henry Bunting was in charge of pro- oversight. We have not done the over- committee to do that. They found a curement. He had to buy things. sight. I think part of it is because we massive amount of waste, fraud, and Let me show the Senate what he have one-party rule in this town—the abuse. bought. He brought this to a hearing White House and the House and Senate. I think it is clear that perhaps the we held. This is a hand towel. He was Nobody wants to embarrass anybody. most significant amount of waste, charged, on behalf of Halliburton’s But the fact is there is such massive fraud, and abuse that has ever occurred KBR subsidiary, to buy hand towels. He amount of money that is going out the in this country is occurring right now. would order a hand towel for the Amer- door in support of these contracts— I think the American taxpayers are ican troops at a certain price, but his sole-source, no-bid contracts that have being fleeced. I don’t think the Con- company said: Don’t do that. We want promoted waste. And nobody wants to gress is doing nearly enough about it. you to have a hand towel that has the take a second look at it. Nobody wants Let me go through a couple of charts embroidered logo on it, the name of our to see what is going on. that I have shown before on the floor of company. So double the price to the There are whistleblowers coming for- the Senate. This is from the highest American taxpayer for hand towels for ward saying this money is being spent. ranking procurement official in the the troops. So you have KBR embroi- It is being spent in an unbelievable Corps of Engineers, which does all the dered on the hand towel. way. procurement for the Department of De- He says: Why should we do that? It This is a slightly different picture. fense. She lost her job. She was de- doesn’t matter. It is cost-plus. The By the way, this is $2 million in $100 moted for being honest. American taxpayer is paying the bill. bills wrapped in Saran Wrap. This She said: Don’t worry about the cost. money actually belongs to the Iraqi I can unequivocally state that the abuse Same guy, $7,500 a month for an SUV; people that was spent by us in some- related to the contracts awarded to KBR rep- $45, $43 for a case of Coca Cola. He said: thing called the Coalition Provisional resents the most blatant and improper con- Don’t worry, be happy. The taxpayer is Authority. That was our responsibility tract abuse I have witnessed during the going to pay for all of this. Don’t worry to spend this appropriately. This course of my professional career. about the cost. money went to Custer Battles and is This from the top civilian con- Yes, I know this towel is one small the subject of a criminal inquiry. This tracting official in our Government at issue. But when you buy thousands and $2 million wrapped in Saran Wrap in the Corps of Engineers. She is being de- thousands and tens of thousands of $100 bills was a part of a substantial

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6109 stash of cash in the basement of a Mr. President, I wish to say to our and there is a huge amount of waste building where they were standing. colleague from North Dakota that he and abuse. This particular fellow came and tes- feels very strongly about this issue. I agree with my good friend from Vir- tified. He said: We used to throw these That comes through in the debate on ginia we do have committees that around as footballs. We wrapped up $100 this issue that we have had now for 3 could look into this matter and could bills in Saran Wrap and threw them as days, on and off. focus on this matter. The agendas of footballs in the office because the mes- But I bring to the attention of my those committees are left basically to sage in this office was this: colleagues that three times the Senate the chairmen of those committees. If You bring a bag because we pay in has addressed this issue and has re- the chairmen of those committees cash. Bring a sack. If you want some jected it. It is not a rejection in the choose to focus their energies in other money, bring a sack, we pay in cash. sense that the Senator doesn’t raise places—and I don’t quarrel with the The stories are unbelievable. points that should be addressed to the The American taxpayer is going to places they look—it does not mean the Senate. But there is a clear record that Senate should not express its opinion pay to air condition a building. It went the Senate is addressing these issues. to a subcontractor, to another subcon- on the need to focus on these abuses, The Committee on Armed Services had these excesses, this expenditure of bil- tractor, and then to another subcon- a number of hearings. The Committee tractor, and pretty soon we pay the lions of dollars on no-bid contracts. on Foreign Relations had a number of bill. The American taxpayer paid the Therefore, I support the Dorgan hearings. And most importantly, the bill, and that building now has a ceil- amendment. Senate is structured whereby issues of ing fan—not an air conditioner. Mr. DORGAN. Might I ask consent to What is going on is unbelievable. Yet this type are within the jurisdiction of point out to my colleagues that Sen- the Committee on Homeland Security nobody seems to care very much. No- ator HARKIN, Senator DURBIN, and Sen- and Governmental Affairs. body seems to be willing to do any- ator CLINTON are cosponsors. I did not In that committee, and it has been thing. I suggest, given the unprece- mention that. dented amount of waste, fraud, and for many years, there is a sub- committee entitled ‘‘The Permanent The PRESIDING OFFICER. Without abuse, that now is the time for us to objection, it is so ordered. decide we are going to take action. We Subcommittee on Investigation’’ with subpoena power. In the colloquy we had Under the previous order, a vote now will create a Truman Committee, bi- occurs on the Dorgan amendment on partisan, and sink our teeth into this on the Senator’s bill on Thursday, my distinguished colleague, Senator which the yeas and nays have been or- and investigate on behalf of the Amer- dered. ican taxpayer—investigate and expose LEVIN, and I, both commented, since we The clerk will call the roll. the waste, fraud, and abuse. serve on that committee—he serves on The fact is we turned down, regret- the Special Permanent Subcommittee The legislative clerk called the roll. tably, a bill which I offered previously on Investigations—that this is a mat- Mr. MCCONNELL. The following Sen- that would have prevented the no-bid, ter we should take up with the chair- ators were necessarily absent: the Sen- sole-source, huge contracts going to man and ranking member of the Home- ator from New Mexico (Mr. DOMENICI) just a couple of companies. That is one land Security and Governmental Af- and the Senator from Alabama (Mr. way to solve this problem. We should fairs Committee. SHELBY). have accepted that. But notwith- Before the Senate tries to restruc- Mr. DURBIN. I announce that the standing the decision by the Senate to ture the framework of how it performs Senator from Vermont (Mr. JEFFORDS) turn down that amendment, this its work, we should focus on what is and the Senator from West Virginia amendment stands on its own. and what has been that framework for (Mr. ROCKEFELLER) are necessarily ab- Are we going to decide that when the these many years now. It is for that sent. highest civilian procurement official in reason I suggest strongly this amend- The PRESIDING OFFICER (Mr. the Corps of Engineers responsible for ment not be accepted. It would, in ef- BURR). Are there any other Senators in all these contracts says that she can fect, be overruling what we are doing the Chamber desiring to vote? on the Permanent Subcommittee. unequivocally state that the abuse re- The result was announced—yeas 44, Second, Congress should be stepping lated to contracts awarded represents nays 52, as follows: the most blatant and improper con- into the role that is now being per- [Rollcall Vote No. 176 Leg.] tract abuse she has witnessed during formed by inspector generals, being the course of her professional career, performed by the General Account- YEAS—44 are we going to decide that is serious? ability Office and, indeed, an inspector Akaka Durbin Menendez We are going to do something about it? general specially designated by the Baucus Feingold Mikulski Congress and the Secretary of Defense Bayh Feinstein Murray I know people will say we have done Biden Harkin Nelson (FL) this or that. The fact is we haven’t for Iraq and other nations. Bingaman Inouye Nelson (NE) scratched the surface—not a bit. With that, I will not move to table Boxer Johnson Obama It is time for the Senate to ask itself this because I feel very strongly the Byrd Kennedy Pryor Cantwell Kerry Reed whether it is serious about oversight Senate should address it in the same Carper Kohl Reid and doing the job. manner we have addressed it on pre- Chafee Landrieu Salazar Clinton Lautenberg I am not standing here trying to pull vious occasions three times and re- Sarbanes the ground out from under this com- jected it. Conrad Leahy Dayton Levin Schumer mittee—or any committee. I am saying I ask for the yeas and nays. Dodd Lieberman Stabenow we have never spent this much money The PRESIDING OFFICER (Mr. Dorgan Lincoln Wyden SUNUNU). Is there a sufficient second? so quickly, never given the kind of NAYS—52 sole-source, no-bid contracts that we There is a sufficient second. The yeas and nays were ordered. Alexander DeWine McConnell have offered. We have never shoved Allard Dole Murkowski money out the door as quickly as we Under the previous order a vote is Allen Ensign Roberts have for procurement and in support of now to occur in relation to the amend- Bennett Enzi Santorum contracts for the troops. ment. Bond Frist Sessions Mr. LEVIN. I ask unanimous consent Brownback Graham Smith Again, let me show this towel as a Bunning Grassley I be allowed 1 minute to respond to my Snowe small hand-towel symbol of a massive Burns Gregg Specter Burr Hagel amount of waste, fraud, and abuse that good friend’s comments. Stevens Chambliss Hatch I believe we ought to correct, and we The PRESIDING OFFICER. Without Sununu Coburn Hutchison Talent ought to begin today by approving my objection, it is so ordered. Cochran Inhofe amendment. Mr. LEVIN. Mr. President, what we Coleman Isakson Thomas The PRESIDING OFFICER. The Sen- are dealing with is a historic use of no- Collins Kyl Thune Vitter bid contracts, where billions of dollars Cornyn Lott ator from Virginia is recognized. Craig Lugar Voinovich Mr. WARNER. Mr. President, I thank have been spent. There is good evidence Crapo Martinez Warner the Presiding Officer. they have been misspent in many ways, DeMint McCain

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6110 CONGRESSIONAL RECORD — SENATE June 20, 2006 NOT VOTING—4 menting rampant corruption and prof- (2) history records that governments de- Domenici Rockefeller iteering on the part of some defense rived of free elections should not grant am- Jeffords Shelby contractors, as well as lax oversight by nesty to those who have committed war crimes or terrorists acts, and; The amendment (No. 4292) was re- governmental officials. A major reason (3) the United States should continue with jected. this is continuing largely unchecked is the historic tradition of diplomatically, eco- (Disturbance in the Visitors’ Gal- that apparently the Department of nomically, and in a humanitarian manner leries.) Justice has been delaying whistle- assisting nations and the people whom have Mr. LEVIN. I move to reconsider the blower lawsuits brought under the fought once a conflict is concluded. vote, and I move to lay that motion on False Claims Act, and DOJ is not pur- Mr. WARNER. To be followed by a the table. suing these suits aggressively. So I vote on the Nelson amendment No. The motion to lay on the table was filed an amendment designed to break 4265, and that no amendments be in agreed to. this logjam by requiring the Depart- order to the amendments prior to the Mr. LEVIN. I suggest the absence of ment of Justice to report on a semi- votes, with the modification that is at a quorum. annual basis, every 6 months—— the desk having now been acted upon. The PRESIDING OFFICER. The Mr. WARNER. Mr. President, might I The PRESIDING OFFICER. Is there clerk will call the roll. ask the Senator to yield for the pur- objection? The legislative clerk proceeded to pose of a unanimous consent request? Mr. LEVIN. Reserving the right to call the roll. Mr. HARKIN. Certainly. object, and I do not intend to object, Mr. WARNER. Mr. President, I ask Mr. WARNER. Mr. President, I thank did I hear that they have an oppor- unanimous consent that the order for the Senator from Iowa. I am prepared tunity to speak on their amendments? the quorum call be rescinded. to restate the unanimous consent re- Mr. WARNER. That is correct, 30 The PRESIDING OFFICER. Without quest. minutes of debate equally divided. objection, it is so ordered. I ask unanimous consent that at 2:15 Mr. LEVIN. I missed that. Mr. WARNER. Mr. President, the p.m., the Senate proceed to 30 minutes The PRESIDING OFFICER. Without managers are working with our respec- of debate, equally divided in the usual objection, it is so ordered. tive leaders on the remainder of the Mr. WARNER. Mr. President, to ac- form, relative to the McConnell and schedule for the next few hours, but in commodate the Senate, would we not Nelson amendments; provided further, the meantime I understand our distin- at 12:30 p.m. go into recess? Perhaps I that following the use or yielding back guished Senator from Iowa wishes to can ask unanimous consent that at the of time, the Senate proceed to a vote speak. I certainly have no objection. conclusion—how much time does the on the McConnell amendment No. 4272, I ask unanimous consent that at 2:15 Senator wish to speak? as modified— p.m., the Senate proceed to 30 minutes Mr. HARKIN. Mr. President, 15 min- The modification is at the desk. Did of debate equally divided in the usual utes. the Chair rule on the modification? form relative to the McConnell and Mr. WARNER. I ask unanimous con- Nelson amendments; provided further, AMENDMENT NO. 4272, AS MODIFIED sent that at the conclusion of the re- that following the use or yielding back The PRESIDING OFFICER. Without marks of the Senator of Iowa, the Sen- of time, the Senate proceed to a vote in objection, the amendment is so modi- ate stand in recess until the hour of relation to the McConnell amendment fied. 2:15 p.m. No. 4272, as modified, to be followed by The amendment (No. 4272), as modi- The PRESIDING OFFICER. Without a vote in relation to the Nelson amend- fied, is as follows: objection, it is so ordered. The Senator ment No. 4265, and that no amendments Sec.lSENSE OF THE CONGRESS COMMENDING from Iowa. be in order to the amendments prior to THE GOVERNMENT OF IRAQ FOR AF- Mr. HARKIN. Mr. President, I thank FIRMING ITS POSITION OF NO AM- the distinguished chairman and rank- the votes. NESTY FOR TERRORISTS WHO AT- Mr. LEVIN. Reserving the right to TACK U.S. ARMED FORCES. ing member. object. Mr. President, I suggest the ab- (a) FINDINGS.—Congress makes the fol- As I was saying, the amendment I sence of a quorum. lowing findings: filed is designed to break the logjam of The PRESIDING OFFICER. The (1) The Armed Forces of the United States what is happening at the Department clerk will call the roll. and coalition military forces are serving he- of Justice delaying whistleblower law- The assistant legislative clerk pro- roically in Iraq to provide all the people of suits brought under the False Claims Iraq a better future. Act, and they are not pursuing these ceeded to call the roll. (2) The Armed Forces of the United States Mr. WARNER. Mr. President, I ask and coalition military forces have served cases aggressively. unanimous consent that the order for bravely in Iraq since the beginning of mili- My amendment would require the De- the quorum call be rescinded. tary operations in March 2003. partment of Justice to report on a The PRESIDING OFFICER. Without (3) More than 2,500 of the Armed Forces of semiannual basis on the status of its objection, it is so ordered. the United States and members of coalition efforts to respond to whistleblower Mr. WARNER. Mr. President, we are military forces have been killed and more lawsuits alleging corruption in Iraq, still getting the concurrence of one than 18,000 injured in operations to bring Afghanistan, and elsewhere. The De- side on the unanimous consent request. peace and stability to all the people of Iraq. partment would be required to report (4) The National Security Advisor of Iraq It was my understanding it was affirmed that the Government of Iraq will its findings to the Judiciary Com- cleared. I think it will eventually be ‘‘never give amnesty to those who have mittee, the Appropriations Committee, cleared. In the meantime, I yield the killed American soldiers or Iraqi soldiers or the Armed Services Committee, the floor so that our colleague from Iowa civilians.’’ Homeland Security and Governmental can speak. (5) The National Security Advisor of Iraq Affairs Committee, and the Defense The PRESIDING OFFICER. The re- thanked ‘‘the American wives and American Appropriations Subcommittee. quest is withdrawn. The Senator from women and American mothers for the treas- I believe this is an important first Iowa. ure and blood they have invested in this step that would allow Congress to country . . . of liberating 30 million people in Mr. HARKIN. Mr. President, I thank this country . . . and we are ever so grate- evaluate the Department of Justice ef- the chairman. Any time the chairman ful.’’ forts so we can decide what further needs to interrupt my remarks to seek (b) SENSE OF CONGRESS.—It is the sense of steps are needed to ensure these cases that agreement, I will be more than Congress that are vigorously prosecuted. happy to yield the floor. (1) the goal of the United States and our I am pleased that Senators GRASS- I wish to talk about an amendment I Coalition partners has been to empower the LEY, DORGAN, DURBIN, KENNEDY, JOHN- have not offered yet but I hope will be Iraqi Nation with full sovereignty thereby SON, WYDEN, KERRY, LIEBERMAN, recognizing their freedom to exercise that accepted by both sides. I will offer it, LEAHY, and LAUTENBERG are cospon- sovereignty. Through successive elections and I hope it will be acceptable. It has and difficult political agreements the unity soring this amendment. to do with the loss of some $8 billion government is now in place exercising that The cost of the wars in Iraq and Af- for which we cannot account. sovereignty. We must respect that exercise ghanistan has risen dramatically in More than 3 years into the Iraq war, of that sovereignty in accordance with their each of the last 3 years. The Congres- we have had report after report docu- own wisdom; sional Research Service reports we are

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6111 now spending about $6.4 billion a Contracting experts says previous adminis- firm. The company, run by a pair of politi- month in Iraq alone. That is about $9 trations often declined to join the False cally connected military veterans, had won million an hour of spending in Iraq—$9 Claims Act lawsuits but that the Bush ad- security contracts in Iraq worth more than million an hour. One of the reasons for ministration’s refusal to unseal the cases is $100 million. But the two men told Mr. Gray- unprecedented. Justice Department spokes- son that they had evidence the firm was sub- these runaway costs is the widespread man Charles Wilson says he can’t discuss stantially overcharging the U.S. occupation corruption in the contracting process: sealed cases or comment on why the depart- authority. shoddy work, nonwork, theft, fraud, ment has yet to act on them. ‘‘All of the Mr. Grayson filed suit against the com- kickbacks, bribes, insider dealings, in- cases are examined on their merits,’’ Mr. pany under the False Claims Act in February flated billings, and on and on. Wilson says. With the Bush administration 2004, but it languished under seal until that There have been many reports in the sitting on the sidelines, primary responsi- fall, when the Justice Department formally press about this wave of corruption. bility for pursuing the Iraq fraud cases rests declined to join the case. The government The Wall Street Journal reported ear- with plaintiffs’ lawyers like Mr. Grayson, a never explained its decision. The case finally lier this year about the problem. Our Harvard-educated lawyer who began his ca- went before a judge in February. After a contentious three-week trial, a fed- former inspector general in Baghdad, reer defending federal contractors but now makes his living going after them. eral jury on March 9 found the company’s Stuart Bowen, concluded that U.S. oc- ‘‘With the sheriff asleep in the office, the two founders, along with a business partner, cupation authorities accounted poorly only way you get justice is with private law- guilty of using fake invoices from shell com- for $8.8 billion in funds dedicated to yers like Alan Grayson willing to step up panies to overcharge the authorities by mil- Iraqi reconstruction from the Develop- and take down these fraudulent companies,’’ lions of dollars. The jury ordered the men to ment Fund for Iraq. He stated this $8.8 says Patrick Burns, the spokesman for the pay $10 million in penalties, with Mr. Gray- billion is lost—lost. The Inspector Gen- advocacy group Taxpayers Against Fraud. son’s clients standing to receive about $3 eral Stuart Bowen said, ‘‘The Coalition ‘‘Alan Grayson showed that you can do that million of the money. Mr. Grayson declined Provisional Authority did not imple- even without help from the government.’’ to say how much money he will be paid. Though it is unclear when the cases will ment adequate financial controls.’’ David Douglass, a lawyer for Custer Battles, proceed to trial, Mr. Grayson is continuing says the company has appealed the verdict. I ask unanimous consent that the to press ahead as best he can. He and other While waiting for the government to act on April 19, 2006 article in the Wall Street lawyers in his firm travel the country taking the other lawsuits, Mr. Grayson is weighing Journal by Yochi J. Breazen be printed depositions, gathering documents and inter- a career change. HIs congressional district is in the RECORD. viewing prospective witnesses for the dozens represented by a conservative Republican, There being no objection, the mate- of currently pending lawsuits. Mr. Grayson and Mr. Grayson is strongly considering rial was ordered to be printed in the says he also regularly passes information to seeking the Democratic nomination to op- RECORD, as follows: the federal investigators probing the cases pose him. He says his campaign, if he choos- [From the Wall Street Journal, Apr. 19, 2006] and the prosecutors deciding whether the es to run, would center on the war in Iraq. government will participate in them. CONTRACTOR ADMITS BRIBING A U.S. OFFICIAL A fierce critic of the war in Iraq, Mr. Gray- PLEA DEAL SHOWS HOW BUSINESSMAN RIGGED IN IRAQ son drives an aging Cadillac emblazoned with BIDS FOR REBUILDING HILLAH; ‘CONSIDERED LAWYER USES CIVIL WAR-ERA LAW TO GO AFTER antiadministration bumper stickers such as IT A FREE-FRAUD ZONE’ FIRMS FOR CORRUPTION, BUT ADMINISTRATION ‘‘Bush Lied, People Died, ‘‘He says the ad- (By Yochi J. Dreazen) WON’T HELP ministration’s botched handling of Iraq (By Yochi J. Dreazen) opened the door for corrupt contractors to In January 2004, Robert Stein, a senior U.S. contracting official in Iraq, sent an un- ORLANDO.—From his home office in a pink- improperly reap fortunes there. At a hearing painted mansion here, lawyer Alan Grayson in February 2005 held by Democratic sen- usual email to American businessman Philip is waging a one-man war against contractor ators, Mr. Grayson asserted that the admin- Bloom. fraud in Iraq. istration had ‘‘not lifted a finger to recover Mr. Stein wrote that he arranged for a new Mr. Grayson has filed dozens of lawsuits tens of millions of dollars our whistle-blow- set of lucrative rebuilding contracts to be against Iraq contractors on behalf of cor- ers allege was stolen from the government.’’ awarded to Mr. Bloom, but wanted the busi- porate whistle-blowers. He won a huge vic- His opinions on the matter haven’t shifted nessman to send his bid on the letterhead of tory last month when a federal jury in Vir- since. ‘‘The Bush administration has made a a fake company to avoid attracting atten- ginia ordered a security firm called Custer conscious decision to sweep the cases under tion in Baghdad. A few days later, Mr. Bloom Battles LLC to return $10 million in ill-got- the rug for as long as possible,’’ he says replied that he would ‘‘bring with me the ten funds to the government. The ruling today. ‘‘And the more bad news that comes dummies . . . I have five dummies per bid.’’ marked the first time an American firm was out of Iraq, the more motivation they have The emails illustrate how closely U.S. offi- held responsible for financial impropriaties to do so.’’ cials on active duty, like Mr. Stein, were in Iraq. But it also highlighted the limits of For the contractors in his cross hairs, Mr. willing to work with Mr. Bloom to help him the broader efforts to stem contractor abuses Grayson, 48, is a formidable opponent. He re- defraud the government through a massive there. ceived his undergraduate, master’s and law bid-rigging scheme in southern Iraq. They The False Claims Act that Mr. Grayson degrees from Harvard. He made millions dur- were released yesterday as part of a guilty used in the Custer Battles case is a Civil ing a two-year stint as the president of IDT plea from Mr. Bloom, who admitted to steer- War-era statute allowing whistle-blowers to Corp., a start-up that has since grown into ing $2 million in cash and other bribes to sue contractors suspected of defrauding the one of the nation’s largest providers of dis- government officials in exchange for $8.6 government and then keep a chunk of any count telecommunications services. Mr. million in Iraqi construction and demolition recovered money. There are an estimated 50 Grayson says he has poured hundreds of contracts. Mr. Bloom—who also admitted to such cases pending against Iraq contractors, thousands of personal funds into his small providing the officials with jewelry, first- including large firms like Halliburton Co.’s eight-person law firm to help defray the cost class plane tickets and sexual favors from Kellogg Brown and Root subsidiary. A tech- of pursuing Iraq fraud cases that may not women he employed at a villa in Baghdad— nicality in the statute, however, has allowed faces as long as 40 years in prison and nearly the Bush administration to prevent the make it to trial for years. ‘‘I have deep enough pockets to subsidize the legal work,’’ $8 million in penalties. other lawsuits from moving forward. Cases The plea to charges of conspiracy, bribery filed under the statute are automatically he says. If he prevails, he might fill those deep and money laundering is the latest to sealed, which means that they can’t proceed emerge from an investigation into alleged to trial—or even he publicly disclosed—until pockets. Whistle-blowers generally receive corruption by American officials in Hillah, a the administration makes a formal decision 30% of any penalty, although the exact por- restive southern city. Mr. Stein, a former ci- about whether to join them. tion of every award is set by the judge in The law says such decisions are supposed each case. Lawyers like Mr. Grayson, in vilian occupation official charged with over- to be made within 60 days, but with the ex- turn, receive 30% to 50% of whatever the seeing $82 million in rebuilding funds there, ception of the Custer Battles case, which it whistle-blowers get. ‘‘It’s really a financial pleaded guilty on Feb. 2 to conspiracy, brib- declined to join, the administration has yet crapshoot,’’ he says. ery and using stolen government money to to take a position on any other suits, some Mr. Grayson’s firm switched its focus from purchase an array of high-powered rifles and of which were filed more than two years ago. working for contractors to representing indi- grenade launders. The law allows the Justice Department to vidual whistle-blowers shortly after U.S. Lt. Col. Michael Wheeler and Lt. Col. ask for extensions, which are almost always forces swept into Iraq in March 2003. He says Debra Harrison, who both worked in Hillah, granted, for as long as it sees fit. The depart- the firm made the move because they began were arrested late last year and charged with ment has kept the other False Claims Act to be contacted by whistle-blowers who were similar offenses; both are free on bond. Lt. cases from proceeding by repeatedly asking referred by former clients and others. Col. Wheeler’s attorney didn’t return a call; for extensions in each one. Two of his first clients were William D. Lt. Col. Harrison declined to comment. That has left the cases in legal limbo, with Baldwin, a former manager for Custer Bat- Three other military officials are mentioned lawyers like Mr. Grayson unable to bring tles, and Robert J. Isakson, a construction in the court papers, and law enforcement au- them to trial or detail them publicly. subcontractor who had worked with the thorities say more arrests are likely. ‘‘There

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6112 CONGRESSIONAL RECORD — SENATE June 20, 2006 was no oversight anywhere near them at the Unemployment is a bigger problem than U.S. contractors is the False Claims time and they did not believe they would be the Iraqi insurgent force. We spent $18 bil- Act. Indeed, thanks to this law, more caught,’’ says Special Inspector General for lion on economic reconstruction. There is than $17 billion has been recovered on Iraq Reconstruction Stuart Bowen, whose in- only $1.6 billion left in the pipeline. When behalf of the American taxpayer. Under vestigators uncovered the ring. ‘‘They con- the money runs out, in my judgment, we just sidered if a free-fraud zone.’’ lost the war. the False Claims Act, whistleblowers are given a powerful incentive to come A variety of reports of congressional inves- But money on a massive scale—$8.8 tigators and the special inspector general for forward and expose instances of fraud. billion, as the inspector general has Iraq reconstruction have found evidence that The statute allows them to sue con- hundreds of millions of dollars were spent said—has been ‘‘lost into thin air.’’ We tractors suspected of defrauding the without proper authorization, given to con- can’t account for it. While this was not government, and then they can keep a tractors who performed shoddy work or paid all U.S. money, it symbolizes the mag- portion of the recovered funds as a re- to firms charging unreasonably high prices. nitude of the corruption we are facing. Large sums of money remain unaccounted ward. We don’t know where it has gone. But there is a problem—a big prob- for, and auditors say they have little sense Imagine the critical things we could yet of how much may have been stolen. lem. Scores of lawsuits have been Previous court filings had detailed the have done with that $8.8 billion to help brought against contractors suspected broad outlines of the conspiracy, which con- win the hearts and minds of the Iraqi of fraud in Iraq and Afghanistan, in- tinued for almost two years. Mr. Stein and people. This chart shows what the Iraqi cluding—and I will have more to say the military officials submitted fake bids Relief and Reconstruction Fund goes about this in a minute—a Halliburton from dummy companies for contracts that for. I won’t read them all, but obvi- subsidiary, Kellogg, Brown, & Root. Mr. Bloom was seeking and then awarded ously security and law enforcement, him the work as the low bidder. To evade Yet the Department of Justice has al- the electric sector—they are getting lowed only one of those suits to go for- scrutiny, Mr. Stein—who had the authority less electricity now than they did be- to award contracts of as much as $500,000— ward in the courts, and that lawsuit re- typically awarded contracts to Mr. Bloom in fore the war started—oil infrastruc- sulted in a major recovery of fraudu- amounts of as much as $498,900. ture, water resources and sanitation, lently collected payments. The new plea offered new evidence of how roads and bridges, health care, edu- Given the massive amount of missing closely the two men worked. In a separate cation; all of these things, $8.8 billion money, you would think that more series of early 2004 emails, Mr. Stein warned could have gone for, but it didn’t go for than just one lawsuit has been filed the businessman that another U.S. official in that. Where did it go? Well, we just against corporate contractors. To be Hillah would demand a ‘‘cut’’ if he knew don’t know. about the bid-rigging arrangements. ‘‘The sure, there are many more legitimate fewer people who know what we are doing The State Department’s own num- cases out there. Since 2003, the Special the better,’’ Mr. Stein wrote. ‘‘I am your bers for this Iraq Relief and Recon- Inspector General for Iraqi Reconstruc- partner as you put it so trust in me and what struction Fund tell us they believe a tion, the U.S. Army Audit Agency, and I feel.’’ lot can be done with this amount of the Defense Contract Audit Agency Mr. Bloom seemed willing to make Mr. money. It could have paid for all of the have all uncovered contracting abuses Stein his partner in a formal sense as well, security and law enforcement training. In a Feb. 18, 2004, email, Mr. Bloom told one related to the conflict in Iraq. Auditors It could have paid for all of the electric of the Defense Contract Audit Agency of his employees that Mr. Stein was the sector programs. The waste of billions ‘‘vice president of operations’’ for the com- have found that Halliburton has pany and should get whatever assistance he of dollars is bad enough, but the wide- charged $1.4 billion in questionable and asked for. Mr. Stein, then a serving govern- spread corruption is impeding our war undocumented costs on just two con- ment official, sent a note back asking that effort; it is slowing reconstruction ef- tracts. The auditors found $813 million the firm’s business cards spell his name as forts; it is denying our troops in the in questioned costs under Halliburton’s Robert because ‘‘it sounds a bit better than field the quality support and equip- Logistic Civil Augmentation Program ‘Bob.’’’ ment they deserve. contract to provide support services to Mr. Stein, 50, who faces formal sentencing Just imagine how we could have uti- next month, could receive a prison sentence the troops. So here are two, right here: of as long as 30 years, although he is likely lized $8.8 billion to help our military in $813 million in ‘‘questioned costs’’ on to receive far less because of his cooperation the field. When our administration Halliburton’s—what they call the with prosecutors. loses $8.8 billion that was to have gone LOGCAP contract, that is for Logistic No sentencing hearing has been set yet for for reconstruction, then we have to re- Civil Augmentation Program; and $382 Mr. Bloom, 65. He had pleaded guilty in Feb- place that money with our money. The million in ‘‘unsupported costs.’’ That is ruary and been cooperating with prosecutors reconstruction is taking place. If we $1.195 billion just to one company. That ever since, although the plea was only un- don’t restore the unaccounted for sealed Tuesday. John Nassikas, an attorney is Halliburton. That is Halliburton in for Mr. Bloom, said he had filed court papers money, no other country will. So we ‘‘questioned costs.’’ asking for home detention during the course have to appropriate U.S. taxpayer dol- The auditors at the agency chal- of his dealings with the government and lars to fill the void. Let me repeat lenged most of these costs as ‘‘unrea- hopes Mr. Bloom’s ultimate sentence would that. By this loss of $8.8 billion, if we sonable in amount’’ after completing be reduced because of his cooperation. don’t account for it and somehow re- the audit action because the costs ‘‘ex- Mr. HARKIN. This has had an ex- coup it, the reconstruction effort going ceeded that which would be incurred by tremely negative impact on our work forward will be made up by taxpayers’ a prudent person.’’ The auditors also in Iraq. This fund was responsible for dollars, our taxpayers’ dollars. found an additional $442 million in paying the salaries of hundreds of Aside from that, how could we have Halliburton’s charges are ‘‘unsup- thousands of government employees, used $8.8 billion to support our own ported.’’ As a result, Halliburton’s such as teachers, health workers, and troops? Well, let’s take a look at this. total ‘‘questioned’’ and ‘‘unsupported’’ government administrators; it sup- Here is the $8.8 billion that we have costs exceed $1.4 billion. ported the Iraqi defense and police lost. Equipment maintenance, about So if you look here at the audits of forces; and it helped repair Iraq’s dilap- $3.2 billion; billeting of soldiers, $2.4 Halliburton’s Iraq contracts, the idated infrastructure. So the loss of billion; body armor, $1.9 billion; special ‘‘questioned costs,’’ the ‘‘unsupported $8.8 billion hurts our mission in Iraq. pay for hostile fire pay, family separa- costs’’ under these two contracts, There is real urgency to the spending tion allowances, hardship duty pay, LOGCAP and RIO, if you add them up, issue. On Meet the Press recently, we $1.3 billion. All of it could have been combined it is $1.47 billion. heard from retired GEN Barry McCaf- done with the $8.8 billion that is lost. What is being done about this? Noth- frey, who just returned from Iraq and Let me repeat: $8.8 billion lost. It is ing. Nothing. The Department of Jus- who only last week advised the Presi- not just a loss to our Treasury and the tice is doing nothing. dent and his national security team at taxpayers, it is as well a loss to our There are numerous reports from the White House on the situation in ability to keep our own troops sus- former top Army contracting officials, Iraq. He spoke about the importance of tained. from former DOD officials, from sol- spending our resources efficiently on The single most important legal tool diers on the ground, and from former Iraq economic reconstruction. General that American taxpayers have to re- Halliburton and Kellogg, Brown & Root McCaffrey said: cover funds stolen through fraud by employees as to that company’s waste,

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6113 fraud, and abuse—numerous reports. priate manner all claims of contractor Mr. WARNER. I believe very strongly There are reports that Halliburton waste, fraud, and abuse related to the that a second amendment was needed charged for meals never served, that U.S. Government’s activities in Iraq because of what we have been working Halliburton overcharged for oil and oil and Afghanistan. It would require the toward—the United States and its coa- delivery, that Halliburton overcharged Department of Justice to report on lition partners—from the very begin- and double-charged for shipments of similar executive branch interagency ning, and that is to provide the Iraqi soda pop, that Halliburton overcharged efforts. My amendment would prevent people with a sovereign nation in on transportation contracts. I could go the Department of Justice from impos- which they can exercise the full range on and on. ing undue secrecy on false claims civil of authorities and responsibilities of a But for reasons that I cannot fathom, actions related to Government spend- sovereign nation. Therefore, they went the Department of Justice has not told ing in Iraq and Afghanistan by simply about a series of elections. Every Mem- Congress or the American taxpayer requiring the Department of Justice to ber of this Chamber recognizes the what it is doing to bring these cases to tell Congress what it is doing to com- courage of the Iraqi people in three justice. And it seems as though noth- bat this corruption. Sharing this infor- elections. Then there was the forma- ing is being done. mation with Congress is nothing out of tion of a permanent government, a I believe we have an obligation to the the ordinary, but it is long past due. As unity government. Having achieved American taxpayer to be protected a matter of good faith to our troops that, they are now beginning to exer- against theft or misuse of tax dollars and to the American taxpayer, we need cise the full responsibilities of a sov- by corrupt contractors. Yet there is no to move aggressively against corrup- ereign nation. I was concerned that we, evidence the Justice Department is tion and war profiteering in Iraq, Af- as a legislative body of our Nation, not doing anything about it. So absent this ghanistan, and elsewhere. These cases indicate that we are infringing on their information, I can only conclude that have gone on too long. rights of sovereignty. This whole issue of amnesty is an im- nothing is being done about this cor- In closing, I quote the British philos- portant one. I do not, in any measure, ruption. If this is the case, then the re- opher John Stuart Mill who said: ‘‘The suggest it is not important. But I think covery of perhaps billions of dollars in proper office of a representative assem- we have to observe that they are a sov- taxpayer money is being blocked. bly is to watch and control the govern- ereign nation. How they go about it While Congress and the American ment.’’ should largely be within the confines of taxpayer remain in the dark about Mr. President, hopefully this is a their own wisdom and goals because what the Justice Department is doing nonpartisan amendment. It is all about our whole future is dependent on this to combat contract corruption, False enabling Congress to provide meaning- Government and the people of Iraq tak- Claims Act cases continue to languish. ful oversight of executive branch activ- ing back their country such that our The way it works is that the False ity consistent with our duty to do so forces can come back home. Whatever Claims Act cases are automatically under the Constitution and the law. It that Government does that is construc- sealed. They cannot go to trial; they will enable Congress to know the ad- tive toward reaching that goal I want cannot be publicly disclosed until the ministration’s plans for rooting out to support. So in working on this Department of Justice makes a deci- contractor corruption in Iraq, Afghani- amendment, I, working with the distin- sion of whether to join them. Under the stan, and elsewhere, and I urge my col- guished Senator from Kentucky, draft- statute, these decisions are supposed to leagues to support the amendment. ed one or two provisions with him be made within 60 days. However, the Mr. President, I yield the floor. which state as follows: Department of Justice is allowed to f seek additional time where needed. It is the sense of Congress that the goal of RECESS the United States and our Coalition partners This is appropriate because a lot of has been to empower the Iraqi Nation with times these cases are very complex and The PRESIDING OFFICER. Under full sovereignty thereby recognizing their require extensive investigation. How- the previous order, the Senate stands freedom to exercise that sovereignty. ever, these extensions cannot be al- in recess until 2:15 p.m. today. Through successive elections and difficult lowed to become a form of indefinite Whereupon, the Senate, at 12:28 p.m., political agreements the unity government delay, stretching out year after year recessed until 2:15 p.m. and reassem- is now in place exercising that sovereignty. after year. And I fear that is exactly bled when called to order by the Pre- We must respect that exercise of that sov- ereignty in accordance with their own wis- siding Officer (Mr. CORNYN). what is happening. As I said, with just dom; one exception, the Department of Jus- f History records that governments derived tice has refused to take a position on NATIONAL DEFENSE AUTHORIZA- of free elections should not grant amnesty to any of the lawsuits related to Iraq and those who have committed war crimes or TION ACT FOR FISCAL YEAR terrorist acts, and; [further] Afghanistan, some of which were filed 2007—Continued over 3 years ago. Instead, the Depart- The United States should continue with the historic tradition of diplomatically, eco- ment files for and receives indefinite The PRESIDING OFFICER. The dis- tinguished Senator from Virginia is nomically, and in a humanitarian manner extensions. assisting nations and the people whom have As a result, as I said, with one excep- recognized. fought once a conflict is concluded. Mr. WARNER. Mr. President, the tion, every single whistleblower law- Mr. MCCONNELL. Will the Senator pending business is the DOD authoriza- suit has been effectively blocked by the from Virginia yield for a question? Department of Justice. Fraud has gone tion bill and most specifically the Mr. WARNER. I am happy to yield unpunished, billions of taxpayer dollars amendments by Senator MCCONNELL the floor, if the Senator so desires. continue to be squandered, and coura- and Senator BILL NELSON of Florida. Mr. MCCONNELL. If the Senator will geous whistleblowers who have come The McConnell amendment is to be yield for a question, I say to my friend forward, often at great personal risk, voted on first, followed by a vote on from Virginia: Is the Senator from have been left in a sort of legal limbo. the second amendment. Am I correct? Kentucky correct that the genesis of As one attorney representing a whistle- The PRESIDING OFFICER. That is the Nelson amendment is a newspaper blower put it: correct. story quoting a lower level Govern- The Bush administration has made a con- AMENDMENT NO. 4272, AS MODIFIED ment official, since dismissed by the scious decision to sweep the cases under the Mr. WARNER. I shall address the Iraqi Government for suggesting that rug for as long as possible. And the more bad McConnell amendment. forces who may have killed American news that comes out of Iraq, the more moti- First, the amendments have a great or Iraqi troops would be given am- vation they have to do so. likeness. But I felt, in working with nesty? Is it not correct, I ask my friend This situation is unacceptable. So the distinguished Senator from Ken- from Virginia, chairman of the Armed my amendment would therefore require tucky, that his amendment—I ask Services Committee, that that lower the Justice Department to report to unanimous consent that I be a cospon- level official has since been dismissed Congress on a semiannual basis the ef- sor of that amendment. from the Iraqi Government? forts it is undertaking to ensure that it The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, he was is investigating in a timely and appro- objection, it is so ordered. fired.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6114 CONGRESSIONAL RECORD — SENATE June 20, 2006 Mr. MCCONNELL. He was fired. Is it for both of these amendments. It has Iraqi Government should not be to not the case, I ask my friend, the been made perfectly clear, by state- grant amnesty to those who would do chairman of the Armed Services Com- ments by the National Security Ad- harm to Americans, and have done mittee, that the National Security Ad- viser of the new Iraqi Government, harm, as witnessed by this most recent viser, Steve Hadley, if you will, of the that it is not the policy of the Iraqi tragic example of how people treat Iraqi Government, stated shortly Government to grant amnesty to those prisoners of war? thereafter what the policy of the Iraqi who killed American soldiers. Sadly, I think the facts speak for Government was? I hope we can move past this reaction themselves. Sadly, we could have dis- Mr. WARNER. Mr. President, the to some lower level Iraqi official, since pensed with this at the hour of 2 Senator is exactly correct. fired from the Iraqi Government, over o’clock on Thursday, after this Senator Mr. MCCONNELL. Is the Senator his ill-advised and basically untrue had offered his amendment. Yet we from Kentucky not correct that the suggestions about what the policy of went on for 2 hours on that day and policy of the Iraqi Government is not the Iraqi Government would be toward subsequently the next day. It brings us to do exactly what we have been hav- those who may have killed American to the following Tuesday, now, with ing this discussion about on the Senate soldiers. the comments that have been made, floor for lo these several days? I yield the floor. saying that the majority will accept Mr. WARNER. That is correct. Based The PRESIDING OFFICER. Who this Senator’s amendment. on my discussions with Senator NEL- yields time? I am grateful to the majority, and I SON, he in good faith read those reports The Senator from Florida. think the majority has come to the and felt very strongly, as I think many Mr. NELSON of Florida. Mr. Presi- right place. I thank you for recognizing of us do, about the issue of amnesty dent, to answer your question—par- this is the statement that should be and came forward with that amend- liamentary inquiry: Under the previous the policy, as enunciated by the sense ment. Then, we purposely delayed final order, I understand 15 minutes were al- of the Congress. action on these two amendments last located to the majority and 15 minutes I yield the floor. week, such that in the intervening to the minority. So under the previous The PRESIDING OFFICER. The Sen- ator from Texas. time there would be further clarifica- order, is that how the Senator from Mr. CORNYN. Mr. President, I was tion. I do believe there has been some Florida is being recognized? one of those last week who spoke to further clarification of this matter. I The PRESIDING OFFICER. Yes. Mr. NELSON of Florida. It is true, in this amendment by the Senator from can address that in the context of a Florida. I know now the Senator from communication from the Department the understanding of this Senator, what the distinguished chairman of the Kentucky, the distinguished majority of State, I say to my good friend from whip, has introduced another amend- Kentucky. I was able to obtain this in- Senate Armed Services Committee has said. Over the course of the weekend, ment and has suggested perhaps it formation, which hopefully will be would be appropriate to vote for both forthcoming momentarily, stating just as he represented it to this Senator, that he wanted to wait and see what of them, since what in effect was a that: The Iraqi Government under- misstatement by a low-level Govern- stands precisely what the situation is, further clarification has happened on this matter since there was such a dis- ment employee in Iraq has now been that an error was made and they have clarified, making it crystal clear that put in place I think adequate correc- turbance about the language put forth on the amendment by this Senator it is not the policy of the new Govern- tions. ment in Iraq to grant amnesty to those Mr. MCCONNELL. So I ask one final from Florida. Indeed, over the course of the weekend, a number of additional who have killed Americans. question of my friend from Virginia. But I have to scratch my head a lit- things have occurred that have made it Since the Nelson amendment basically tle bit and wonder why it is we are hav- quite clear what very likely is the pol- addresses a nonexistent problem and ing this debate. We are on the Defense icy of the Government of Iraq. This the McConnell amendment simply as- authorization bill, an enormously im- Senator quotes from the Los Angeles serts what we already know to be the portant bill that is being shepherded on Times publication over the weekend: policy of the Iraqi Government, that it the Senate floor by the distinguished would likely be a good idea for the Sen- The Iraqi government has crafted a far- chairman, for the last time as chair- reaching amnesty plan for insurgents. ate to go on record as supporting both man—at least this will be the last time of these amendments at this juncture? It goes on to say: he will serve as chairman because of Mr. WARNER. Mr. President, I think, The amnesty plan, which apparently would term limits on that committee. But we certainly in my judgment, that would include insurgents alleged to have staged at- are essentially having a debate over a tacks against Americans and Iraqis. . . . be an acceptable situation because nonissue, and we are being asked now there is clarity in the amendment of That doesn’t sound to me like the to send a message to the new Iraqi the Senator from Kentucky about a Government of Iraq is disclaiming this, Government that you are going to be point that is very important to me; i.e, that this is not their policy. To the admonished, in effect, because of some sovereignty, exercise of that. With no contrary. The Senator from Florida is of the missteps of a low-level Govern- disrespect to the Senator from Florida, quite appreciative of the majority whip ment employee. I believed his amendment as originally when he says they are going to support I am really confused about the mes- drafted, and the intent, was to reach the amendment of the Senator from sage our friends on the other side of across the ocean and have the U.S.A. Florida. I would certainly hope so, the aisle are trying to send our allies reach into the Government and try to given the fact of the tragedy that has in Iraq. On the one hand, we have dictate what was to be done. So I be- been revealed today. I quote directly amendments that are offered sug- lieve the Senator is correct in that, from CNN: gesting that we leave them in 6 and I join him in that suggestion to The bodies of two U.S. soldiers found in months’ time and bring all of our our colleagues. Iraq Monday night were mutilated and booby troops home, and whatever happens as Mr. NELSON of Florida. Will the trapped, military sources said Tuesday. a result of that, well, it is not our prob- Senator yield? If you turned on the television in the lem anymore; it is their problem. On Mr. MCCONNELL. Mr. President, is course of the last couple of hours, you the other hand, amendments like these the Senator yielding the floor? have heard described in gruesome suggest that anytime a low-level gov- Mr. WARNER. Yes, of course. terms the condition that the bodies of ernment employee misstates the facts The PRESIDING OFFICER (Mr. these two young Americans were found and has to be then corrected, and that VOINOVICH). The Senator from Ken- in, which was unrecognizable because person is then disciplined through dis- tucky. of the mutilation. missal, do we in essence want to pick a Mr. MCCONNELL. Let me add, brief- Is this the kind of stuff that we in fight where there is no fight and where ly, as I hear the distinguished chair- any way, in setting forth the sense of it is clear what the policy of the new man of the Armed Services Committee, the Congress, want in any way, any Iraqi Government is? at this juncture the appropriate thing misunderstanding of what the sense of I think we should give this new Iraqi for the Senate to do would be to vote the Congress is, that the policy of the Government at least the benefit of the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6115 doubt that some would give to Saddam Mr. WARNER. President, first, the which is just an example of the ferocity Hussein. There are some who come to distinguished Senator from Florida re- of this conflict that we are experi- the Senate floor and say, no, it was a ferred to a Los Angeles Times article. I encing over there and the enormous terrible mistake for us to ever go into think that article should be placed in risks being taken by the men and Iraq notwithstanding the fact that we the RECORD following the colloquy be- women of our Armed Forces. know that Saddam Hussein was a mass tween myself and the distinguished So I think the message sent by both murderer. I, along with other of my Senator from Florida and the Senator of these amendments is a timely one. colleagues, have stood on the edge of from Texas. I urge Senators to vote for both. mass gravesites where at least 400,000 Also, I am not sure that we should I yield the floor. Iraqis lie dead by the hands of this make decisions here based on one re- Mr. NELSON of Florida. Mr. Presi- mass murderer Saddam Hussein. port of one newspaper. I am not im- dent, will the distinguished Senator We know the record is clear that al- pugning the Times; it is an outstanding yield for a clarification? Mr. WARNER. If I might on the Sen- Qaida in the form of Zarqawi, who was newspaper. But we just do not have any ator’s time because ours is down to killed just last week, was in Iraq more corroboration of some of the state- about 1 minute. than 2 years before the United States ments. Mr. NELSON of Florida. Mr. Presi- and our coalition partners took out I point out they refer to the amnesty dent, I commend the Senator for his Saddam Hussein. There are those who plan which currently would include in- concern. He knows my affection for said no, no, no. Iraq has no less linkage surgents alleged to have staged attacks him as chairman of the committee. whatsoever to international terrorism, against Americans and Iraqis. Indeed, CNN is reporting that it is and now we know the facts are that the The second sentence down is the rec- even worse than we had described out worst al-Qaida operative of all, the onciliation plan which is expected to here on the destruction of the two sol- head of al-Qaida in Iraq, was in fact in be formally announced soon. So that diers. CNN sources said the two men Baghdad and was in Iraq more than a plan is in the making. There is still had suffered ‘‘severe trauma.’’ year before Saddam Hussein was de- some formulation of policy going on. My question to the distinguished posed. It is for that reason that I believe a chairman of the Armed Services Com- So I guess I am confused by those strong vote on both of these amend- mittee is, in evaluating the McConnell who would say, no, let’s leave the ments sends a subtle message about amendment, I am confused by the lan- Iraqis on their own, wish them luck, our concern. Let us assume for the mo- guage under the sense of Congress, but so much for the loss of lives and ment that that plan has not been made paragraph 1, the last sentence in the lost treasure invested in trying to help formal. paragraph. I quote: ‘‘We’’—meaning the the Iraqi people free themselves from I inquired of the Department of State United States—‘‘must respect the exer- this terrible tyrant and get on their as to whether or not anything had cise of the sovereignty’’—meaning of own feet and create a stable democracy transpired over the weekend. There Iraq—‘‘in accordance with their own in Iraq. But then, on the other hand, was one meeting between Prime Min- wisdom.’’ when this new democracy that has ister Maliki and the charges d’affaires The Senator from Florida asks the done miraculous things over the last of the American Embassy. The charges chairman of the committee: Would we few years has ratified their new con- d’affaires reported back to the Depart- respect their sovereignty if their wis- stitution and created a unity govern- ment of State. dom said it was their policy to have ment and have now finally gotten their The PRESIDING OFFICER. The Sen- amnesty against those who would kill permanent government in place, that ator’s time has expired. Americans? when a low-level figure makes an unau- Mr. WARNER. Has the 15 minutes al- Mr. WARNER. Mr. President, I think thorized, incorrect statement, for located to the Senator from Virginia we should visit that issue only if in which he has been disciplined, we want expired? fact at some point in time that posi- to come to the Senate floor and offer I ask unanimous consent that both tion is made official. The purpose of amendments admonishing our friends, sides be extended 5 minutes in this de- that language—and I accept full re- the Iraqi Government. They are our al- bate. sponsibility for that language—is I feel lies in what has now become the cen- The PRESIDING OFFICER. Without fervently that the ability for us to con- tral front in the global war on terror. objection, it is so ordered. clude our operation with our coalition If we don’t finish the job and support Mr. WARNER. It was stated that partners in Iraq and to bring our troops our Iraqi allies in any way we can as there was a meeting between the home is predicated on the strength of they continue this fight against al- charges d’affaires at the U.S. Embassy the sovereignty exercised by this gov- Qaida, against other foreign fighters, and Prime Minister Maliki on 17 June. ernment. against insurgents who want to desta- Prime Minister Maliki affirmed that The Senator knows full well as do bilize the government and put Saddam any future amnesty would not differen- others in this Chamber that there is a Hussein back in power, if we don’t do tiate between those who killed Iraqis high disrespect, unfortunately, among everything we can to support them and those who killed coalition forces. many Iraqis for the United States and militarily and rhetorically provide None of these people would be par- its government. If there are any of our them any assistance we can, then we doned. fingerprints that we are trying to dic- are going to be in a less safe condition Second, Prime Minister Maliki con- tate to that sovereign nation how they because we know that any power vacu- firmed that there should not be a con- must make decisions, I fear it could um that would be created in Iraq would cern that his reconciliation plan would impede the progress to bring our forces easily be filled as it was in Afghanistan prohibit Multinational Forces-Iraqi— home. That is why that is in there. by the likes of Osama bin Laden and MNFI—operations or impose a timeline Mr. NELSON of Florida. I respect others. for future Iraqi support of the MNFI, that. This Senator respects the goals I appreciate the fact that there are the point being that they are looking that the Senator from Virginia is stat- those who say, Well, we ought to just at this situation. ing but I am looking at the four cor- vote for both of these amendments. But I think that these two amendments ners of the McConnell amendment to I really think we are heading down a will send not a message that invades or wonder if this is something that the bad road here by slapping the Iraqi impairs their exercise of the right of Senate wants to vote for when, in fact, Government on the wrists for what sovereignty but expresses the concern in the sense of Congress that is ex- clearly was a misstatement of a low- on behalf of all. pressed in the McConnell amendment level government employee for which The distinguished Senator mentioned starting on page 2 at line 15 and ending he has been disciplined and which has the tragic loss of our two service- on page 3 at line 9, there is not any now been very much clarified that it is persons. It has not, to the best of my statement in the sense of Congress not the policy of the Iraqi Government knowledge, been confirmed officially, with regard to the policy of not sup- to provide amnesty for those who have but nevertheless earlier media reports porting the Iraqi Government if it killed Americans in that country. the tragic killing and mutilation of gives amnesty to people who kill Amer- I yield the floor. these two brave American soldiers, icans.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6116 CONGRESSIONAL RECORD — SENATE June 20, 2006 Mr. WARNER. Mr. President, I may both yielding time and for the amend- soldiers and our view that no amnesty call the Senator’s attention to page 1 ment he has offered which I am proud program should exist now or in the fu- of the McConnell-Warner amendment. to cosponsor with him. ture that puts the lives of American It says: I am astonished at some of the de- soldiers in a position to be bargained Sense of the Congress commending the bate in the Senate. We are twisting and for, negotiated for, and given amnesty government of Iraq for affirming its position turning not to take a simple position for. The only way to send that very of no amnesty for terrorists who attack on behalf of the men and women who clear, unequivocal message is to sup- United States Armed Forces. serve in the uniform of the United port Senator NELSON’s amendment. Could that be any clearer? States in Iraq and to send a message To suggest we are so concerned about Mr. NELSON of Florida. That is in elsewhere in the world. What is that their sovereignty and their wisdom to the findings as set forth on page 1 but simple position? It is the sense of Con- the extent we would send a message not in the sense of Congress. Is it the gress that the Government of Iraq that you can leave American soldiers Senator’s feeling that the McConnell should not grant amnesty to persons in harm’s way—and yes, we will respect amendment clarifies the language that known to have attacked, killed, or your sovereignty. To the extent we says with respect to the exercise of wounded members of the Armed Forces won’t do anything about you, ulti- sovereignty we must respect the exer- of the United States. What is so dif- mately, considering an amnesty plan cise of sovereignty in accordance with ficult, what is so wrong about sending that would allow the lives of U.S. sol- their own wisdom? Does that clarify it? that message? diers to be the subject of forgiveness, Mr. WARNER. Mr. President, I am I heard some of our colleagues say that is not what I believe the American certain that working on the predicate that this is a nonexistent problem. If it people want to see. That is certainly that they are a sovereign nation, they wasn’t for Senator NELSON’s amend- not honoring the lives of those who can make decisions. There will be deci- ment, we would not have had the clari- gave their lives on behalf of their coun- sions which are inconsistent with the fications that have been forthcoming. I try or honoring their families. Only views that we hold in this country. would like to see the Prime Minister of Senator NELSON’s amendment does How do we enforce our views without Iraq say that formally, in public, as the that. interfering with their sovereignty? It should be strong. It should be bi- First, let them speak with absolute position of the Government of Iraq. Then I hear some of our colleagues partisan. It should be unanimous. clarity to this. The McConnell amend- saying that we have to respect the I yield back the remainder of my ment—and the Senator keeps saying Iraqis and their sovereignty. This ad- time to Senator NELSON. within the four corners. Look at corner Mr. NELSON of Florida. Mr. Presi- ministration has been telling the Iraqis No. 1. The introductory has very clear dent, how many minutes remain for from day one what they want them to and expressed language against the pol- the majority and minority? icy. do in a variety of ways. They have been The PRESIDING OFFICER. There is telling them how they have to form Will there be times that we disagree 21⁄2 minutes remaining, and the Senator their government, how inclusive that with their exercise of sovereignty and from Virginia has 11⁄2 minutes remain- their own wisdom? Yes. But if we are to government has to be. They have had a ing. obtain what we hope is our goal of giv- whole checklist of things they have Mr. NELSON of Florida. Mr. Presi- ing that nation its sovereign right, we been telling the Iraqis they want them dent, we are bringing this in for land- cannot be dictating to them how they to do. And now, when it comes time to ing. I ask the distinguished chairman reach their final decision. defend the men and women of the of the committee, had there been dis- Mr. LEVIN. Mr. President, will the United States in the Armed Forces by cussions on the floor during this debate Senator yield for a question? simply sending a sense of the Senate about the clarification of the McCon- Is it not true that the Senator from that we want to urge the Government nell amendment by the words ‘‘in ac- Florida would fully agree that we want of Iraq not to include in any amnesty cordance with their own wisdom’’? them to have sovereignty and we don’t plan those who have committed mur- Mr. WARNER. Mr. President, I say to want to dictate to them what to do, ders of U.S. soldiers or who have in- my friend at this point in time that we but that his point is, is it not, that we jured them, we cannot actually pass a believe the amendment speaks for still should strongly urge them not to sense of the Senate that says that? itself. The first section of the amend- exercise their sovereignty in a way This is a nonexistent problem? ment cites a sense of the Congress com- which provides amnesty in advance Let me state how nonexistent it is mending the Government of Iraq for af- since we are in the middle of a war and how important it is to send this firming its position of no amnesty for with people who kill American troops? message. We woke up to the very sad terrorists who attack U.S. Armed Is that not true? We can urge them story of two missing soldiers who were Forces. What could be clearer than without violating their sovereignty. found dead, PFC Kristian Menchaca that? That sets the tone and the thrust Would the Senator not agree? and PFC Thomas L. Tucker. Let me for the entire amendment. Mr. NELSON of Florida. The Senator tell the Senate what Private First I have said to my colleagues, it seems is exactly correct. The amendment by Class Menchaca’s uncle said: to me, in the spirit of comity, we have this Senator, for which the majority Don’t think that it’s just two more sol- had a good debate, we have seen some has already said that they are urging a diers. Don’t negotiate anything. They [the further clarification of this issue in the vote, will further give specific action; killers] didn’t. They didn’t negotiate it with time that has evolved since Thursday that is, that the President of the my nephew. They didn’t negotiate it with and today; secondly, assuming time is Tucker. United States should immediately no- a measure of accuracy, this policy is tify the Government of Iraq that the And we are concerned about Iraqi undergoing evaluation in Iraq right Government of the United States op- sovereignty when we have been telling now. poses granting amnesty to persons who the Iraqis what we want them to do, These two amendments, side by side, have attacked members of the Armed but we are so concerned about Iraqi receiving a strong vote of the Senate, Forces of the United States? So we sovereignty that we won’t send a sense should suffice in the mission the Sen- clearly set it out in the amendment of- of the Senate to make it clear for this ator from Florida set out on and on fered by this Senator. and any other future Iraqi Government which I join him. We want to have time for Senator that it is the Senate position that they Mr. NELSON of Florida. Mr. Presi- MENENDEZ to speak. How many min- should not consider amnesty for those dent, in light of the fact that this Sen- utes does this Senator have remaining? ultimately who have committed the ator only had 2 minutes to close, I ask The PRESIDING OFFICER. There is crime of killing American troops? That unanimous consent that each side have 71⁄2 minutes remaining. is beyond my comprehension. 1 additional minute. Mr. NELSON of Florida. I yield 5 It seems to me the reality is we need Mr. THOMAS. I object. minutes to the Senator from New Jer- to make a very clear statement today, The PRESIDING OFFICER. The ob- sey. a clear and unequivocal statement of jection is heard. Mr. MENENDEZ. Mr. President, I what the position of the United States Mr. NELSON of Florida. An objection thank my colleague from Florida for is as it relates to the protection of our is heard to a closing in which I just

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6117 granted part of my time to the Senator Inouye Lincoln Reid Cornyn Inhofe Stevens from Virginia, the chairman of the Johnson Menendez Salazar DeMint Kyl Thomas Kennedy Mikulski Sarbanes Enzi Lott Warner Senate Committee on Armed Services? Kohl Murray Schumer Graham McCain Mr. THOMAS. Some of us have other Lautenberg Nelson (FL) Stabenow Hagel Sessions things to do. Leahy Nelson (NE) Wyden Levin Obama NOT VOTING—2 Mr. NELSON of Florida. I am quite Lieberman Reed Rockefeller Shelby surprised. Sadly, on a day in which two The amendment (No. 4265) was agreed more Americans have been mutilated, NOT VOTING—2 to. sadly, on a day in which the CNN story Rockefeller Shelby Mr. WARNER. Mr. President, I move is quoting a claim posted on a Web site The amendment (No. 4272), as modi- to reconsider the vote. that our soldiers were slaughtered ‘‘in fied, was agreed to. Mr. LEVIN. Mr. President, I move to accordance to God’s will,’’ and given Mr. WARNER. Mr. President, I move lay that motion on the table. the fact that it is pretty clear the to reconsider the vote. The motion to lay on the table was amendment of this Senator sets forth Mr. LEVIN. I move to lay that mo- agreed to. the policy that it is the sense of the tion on the table. AMENDMENTS NOS. 4308, 4299, 4349, 4271, 4226, 4350, Congress that the Government of Iraq The motion to lay on the table was 4351, 4352, 4353, 4354, 4213, 4210, 4300, 4209, 4215 AS should not grant amnesty to persons agreed to. MODIFIED, 4355, 4356, 4217 AS MODIFIED, 4357, 4358, who kill Americans, I think it is self- AMENDMENT NO. 4265 4359, AND 4360, EN BLOC evident. Mr. WARNER. Are the yeas and nays Mr. WARNER. Mr. President, the two I thank the Senator for sharing these ordered on the Nelson amendment? managers have been working with thoughts. The PRESIDING OFFICER. No. Members. We have reconciled a series Mr. WARNER. I suggest the absence Mr. WARNER. Mr. President, I ask of amendments, and I believe at this of a quorum. for the yeas and nays. point in time I will make the following The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there a statement: I have sent a series of COLEMAN). The clerk will call the roll. sufficient second? amendments to the desk which have The assistant legislative clerk pro- There is a sufficient second. been cleared by myself and the ranking ceeded to call the roll. The yeas and nays were ordered. member. I ask, therefore, unanimous Mr. WARNER. Mr. President, I ask Mr. LEVIN. Mr. President, par- consent that the Senate consider these unanimous consent that the order for liamentary inquiry: Are we now voting amendments en bloc, the amendments the quorum call be rescinded. on the Nelson-Menendez amendment? be agreed to, and motions to reconsider The PRESIDING OFFICER. Without The PRESIDING OFFICER. Yes. be laid on the table. Finally, I ask that objection, it is so ordered. Mr. LEVIN. I thank the Chair. any statements relating to any of these Under the previous order, the ques- The PRESIDING OFFICER. The individual amendments be printed at tion is on agreeing to the McConnell question is on agreeing to the amend- this point in the RECORD. amendment. The PRESIDING OFFICER. Is there ment. The yeas and nays have been or- Mr. COCHRAN. I ask for the yeas and objection? dered. nays. Mr. LEVIN. Mr. President, reserving The clerk will call the roll. The PRESIDING OFFICER. Is there a the right to object, and I will not ob- The assistant legislative clerk called sufficient second? There is a sufficient ject because the amendments have the roll. second. been cleared on our side, I would sug- Mr. MCCONNELL. The following Sen- The clerk will call the roll. gest that if we have a moment here, ator was necessarily absent: the Sen- The legislative clerk called the roll. after the UC is accepted, we read the ator from Alabama (Mr. SHELBY). Mr. MCCONNELL. The following Sen- list of the amendments so people will Mr. DURBIN. I announce that the ator was necessarily absent: the Sen- know their amendments are in here. Senator from West Virginia (Mr. ator from Alabama (Mr. SHELBY). But if the leaders are ready to send us ROCKEFELLER) is necessarily absent. Mr. DURBIN. I announce that the forward on our next mission, then I Senator from West Virginia (Mr. The PRESIDING OFFICER. Are there would withdraw that suggestion. any other Senators in the Chamber de- ROCKEFELLER) is necessarily absent. Mr. WARNER. Mr. President, we first The PRESIDING OFFICER (Mr. siring to vote? ask that you act on the unanimous The result was announced—yeas 79, COLEMAN). Are there any other Sen- consent request. ators in the Chamber desiring to vote? nays 19, as follows: The PRESIDING OFFICER. Is there The result was announced—yeas 64, [Rollcall Vote No. 178 Leg.] objection? Without objection, it is so nays 34, as follows: YEAS—79 ordered. [Rollcall Vote No. 177 Leg.] Akaka Dorgan Menendez The amendments were agreed to, as Alexander Durbin Mikulski follows: YEAS—64 Allen Ensign Murkowski AMENDMENT NO. 4308 Alexander DeMint Lugar Baucus Feingold Murray (Purpose: To provide for expansion of the Allard DeWine Martinez Bayh Feinstein Nelson (FL) Allen Dodd McCain Bennett Frist Nelson (NE) Junior Reserve Officers’ Training Corps Baucus Dole McConnell Biden Grassley Obama program) Bennett Domenici Murkowski Bingaman Gregg Pryor At the end of subtitle B of title III, add the Bingaman Ensign Boxer Harkin Pryor Reed following: Bond Enzi Brownback Hatch Roberts Reid Brownback Frist Burr Hutchison SEC. ll. EXPANSION OF JUNIOR RESERVE OFFI- Santorum Roberts Bunning Graham Byrd Inouye CERS’ TRAINING CORPS PROGRAM. Sessions Burns Grassley Cantwell Isakson Salazar (a) IN GENERAL.—The Secretaries of the Smith Burr Gregg Carper Jeffords Santorum military departments shall take appropriate Snowe Cantwell Hagel Chafee Johnson Sarbanes actions to increase the number of secondary Specter Schumer Chafee Harkin Chambliss Kennedy educational institutions at which a unit of Stevens Smith Chambliss Hatch Clinton Kerry the Junior Reserve Officers’ Training Corps Coburn Hutchison Sununu Coleman Kohl Snowe Cochran Inhofe Talent Collins Landrieu Specter is organized under chapter 102 of title 10, Coleman Isakson Thomas Conrad Lautenberg Stabenow United States Code. Collins Jeffords Thune Craig Leahy Sununu (b) EXPANSION TARGETS.—In increasing Conrad Kerry Vitter Crapo Levin Talent under subsection (a) the number of sec- Cornyn Kyl Voinovich Dayton Lieberman Thune ondary educational institutions at which a Craig Landrieu Warner DeWine Lincoln Vitter unit of the Junior Reserve Officers’ Training Crapo Lott Dodd Lugar Voinovich Corps is organized, the Secretaries of the Dole Martinez Wyden NAYS—34 Domenici McConnell military departments shall seek to organize Akaka Byrd Dorgan units at an additional number of institutions Bayh Carper Durbin NAYS—19 as follows: Biden Clinton Feingold Allard Bunning Coburn (1) In the case of Army units, 15 institu- Boxer Dayton Feinstein Bond Burns Cochran tions.

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(2) In the case of Navy units, 10 institu- ethylene (TCE) and tetrachloroethylene AMENDMENT NO. 4271 tions. (PCE) at Camp Lejeune, North Carolina, as (Purpose: To enhance the authorities and re- (3) In the case of Marine Corps units, 15 in- well as other pre-natal, child, and adult ex- sponsibilities of the National Guard Bu- stitutions. posures to levels of trichloroethylene and reau) (4) In the case of Air Force units, 10 insti- tetrachloroethylene similar to those experi- At the end of title IX, add the following: tutions. enced at Camp Lejeune, and birth defects or Subtitle D—National Guard Bureau Matters AMENDMENT NO. 4299 diseases and any other adverse health ef- fects. SEC. 931. SHORT TITLE. (Purpose: To require a report on the feasi- (2) ELEMENTS.—In conducting the review This title may be cited as the ‘‘National bility of establishing a scholarship or fel- and evaluation, the Academy shall review Defense Enhancement and National Guard lowship program to educate future nuclear and summarize the scientific and medical Empowerment Act of 2006’’. engineers at the postsecondary and post- evidence and assess the strength of that evi- SEC. 9322. EXPANDED AUTHORITY OF CHIEF OF graduate levels) dence in establishing a link or association THE NATIONAL GUARD BUREAU AND At the end of subtitle B of title XXXI, add between exposure to trichloroethylene and EXPANDED FUNCTIONS OF THE NA- the following: tetrachloroethylene and each birth defect or TIONAL GUARD BUREAU. XPANDED UTHORITY SEC. 3121. EDUCATION OF FUTURE NUCLEAR EN- disease suspected to be associated with such (a) E A .— GINEERS. exposure. For each birth defect or disease re- (1) IN GENERAL.—Subsection (a) of section (a) FINDINGS.—Congress makes the fol- viewed, the Academy shall determine, to the 10501 of title 10, United States Code, is lowing findings: extent practicable with available scientific amended by striking ‘‘joint bureau of the De- (1) The Department of Defense and the and medical data, whether— partment of the Army and the Department United States depend on the specialized ex- (A) a statistical association with such con- of the Air Force’’ and inserting ‘‘joint activ- pertise of nuclear engineers who support the taminant exposures exists; and ity of the Department of Defense’’. development and sustainment of tech- (B) there exist plausible biological mecha- (2) PURPOSE.—Subsection (b) of such sec- nologies including naval reactors, strategic nisms or other evidence of a causal relation- tion is amended by striking ‘‘between’’ and weapons, and nuclear power plants. ship between contaminant exposures and the all that follows and inserting ‘‘between— (2) Experts estimate that over 25 percent of birth defect or disease. ‘‘(1)(A) the Secretary of Defense, the Joint the approximately 58,000 workers in the nu- (3) SCOPE OF REVIEW.—In conducting the re- Chiefs of Staff, and the commanders of the clear power industry in the United States view and evaluation, the Academy shall in- combatant commands for the United States, will be eligible to retire within 5 years, rep- clude a review and evaluation of— and (B) the Department of the Army and the resenting both a huge loss of institutional (A) the toxicologic and epidemiologic lit- Department of the Air Force; and memory and a potential national security erature on adverse health effects of tri- ‘‘(2) the several States.’’. crisis. chloroethylene and tetrachloroethylene, in- (b) ENHANCEMENTS OF POSITION OF CHIEF OF (3) This shortfall of workers is exacerbated cluding epidemiologic and risk assessment THE NATIONAL GUARD BUREAU.— by reductions to the University Reactor In- reports from government agencies; (1) ADVISORY FUNCTION ON NATIONAL GUARD frastructure and Education Assistance pro- (B) recent literature reviews by the Na- MATTERS.—Subsection (c) of section 10502 of gram, which trains civilian nuclear sci- tional Research Council, Institute of Medi- title 10, United States Code, is amended by entists and engineers. The defense and civil- cine, and other groups; inserting ‘‘to the Secretary of Defense, to ian nuclear industries are interdependent on (C) the completed and on-going Agency for the Chairman of the Joint Chiefs of Staff,’’ a limited number of educational institutions Toxic Substances Disease Registry (ATSDR) after ‘‘principal advisor’’. to produce their workforce. A reduction in studies on potential trichloroethylene and (2) GRADE.—Subsection (e) of such section, nuclear scientists and engineers trained in tetrachloroethylene exposure at Camp as redesignated by paragraph (2)(A)(i) of this the civilian sector may result in a further Lejeune; and subsection, is further amended by striking loss of qualified personnel for defense-related (D) published meta-analyses. ‘‘lieutenant general’’ and inserting ‘‘gen- research and engineering. (4) PEER REVIEW.—The Academy shall ob- eral’’. (4) The Department of Defense’s successful tain the peer review of the report prepared as (3) ANNUAL REPORT TO CONGRESS ON VALI- Science, Math and Research for Trans- a result of the review and evaluation under DATED REQUIREMENTS.—Section 10504 of such formation (SMART) scholarship-for-service applicable Academy procedures. title is amended by adding at the end the fol- program serves as a good model for a tar- (5) SUBMITTAL.—The Academy shall submit lowing new subsection: ‘‘(c) ANNUAL REPORT ON VALIDATED RE- geted scholarship or fellowship program de- the report prepared as a result of the review QUIREMENTS.—Not later than December 31 signed to educate future scientists at the and evaluation to the Secretary and Con- gress not later than 18 months after entering each year, the Chief of the National Guard postsecondary and postgraduate levels. into the agreement for the review and eval- Bureau shall submit to Congress a report on (b) REPORT ON EDUCATION OF FUTURE NU- uation under paragraph (1). the requirements validated under section CLEAR ENGINEERS.— (b) NOTICE ON EXPOSURE.— 10503a(b)(1) of this title during the preceding (1) STUDY.—The Secretary of Energy shall (1) NOTICE REQUIRED.—Upon completion of fiscal year.’’. study the feasibility and merit of estab- the current epidemiological study by the (c) ENHANCEMENT OF FUNCTIONS OF NA- lishing a targeted scholarship or fellowship Agency for Toxic Substances Disease Reg- TIONAL GUARD BUREAU.— program to educate future nuclear engineers istry, known as the Exposure to Volatile Or- (1) DEVELOPMENT OF CHARTER.—Section at the postsecondary and postgraduate lev- ganic Compounds in Drinking Water and 10503 of title 10, United States Code, is els. Specific Birth Defects and Childhood Can- amended— (2) REPORT REQUIRED.—The President shall cers, United States Marine Corps Base Camp (A) in the matter preceding paragraph (1), submit to the congressional defense commit- Lejeune, North Carolina, the Commandant of by striking ‘‘The Secretary of the Army and tees, together with the budget request sub- the Marine Corps shall take appropriate ac- the Secretary of the Air Force shall jointly mitted for fiscal year 2008, a report on the tions, including the use of national media develop’’ and inserting ‘‘The Secretary of De- study conducted by the Secretary of Energy such as newspapers, television, and the fense, in consultation with the Secretary of under paragraph (1). Internet, to notify former Camp Lejeune the Army and the Secretary of the Air AMENDMENT NO. 4349 residents and employees who may have been Force, shall develop’’; and (Purpose: To require a National Academy of exposed to drinking water impacted by tri- (B) in paragraph (12), by striking ‘‘the Sec- Sciences study on human exposure to con- chloroethylene and tetrachloroethylene of retaries’’ and inserting ‘‘the Secretary of De- taminated drinking water at Camp the results of the study. fense’’. Lejeune, North Carolina) (2) ELEMENTS.—The information provided (2) ADDITIONAL GENERAL FUNCTIONS.—Such At the end of subtitle D of title III, add the by the Commandant of the Marine Corps section is further amended— following: under paragraph (1) shall be prepared in con- (A) by redesignating paragraph (12), as junction with the Agency for Toxic Sub- amended by paragraph (1)(B) of this sub- SEC. 352. NATIONAL ACADEMY OF SCIENCES STUDY ON HUMAN EXPOSURE TO stances Disease Registry and shall include a section, as paragraph (13); and CONTAMINATED DRINKING WATER description of sources of additional informa- (B) by inserting after paragraph (11) the AT CAMP LEJEUNE, NORTH CARO- tion relating to such exposure, including, but following new paragraph (12): LINA. not be limited to, the following: ‘‘(12) Facilitating and coordinating with (a) STUDY REQUIRED.— (A) A description of the events resulting in other Federal agencies, and with the several (1) IN GENERAL.—Not later than 60 days exposure to contaminated drinking water at States, the use of National Guard personnel after the date of the enactment of this Act, Camp Lejeune. and resources for and in contingency oper- the Secretary of Navy shall enter into an (B) A description of the duration and ex- ations, military operations other than war, agreement with the National Academy of tent of the contamination of drinking water natural disasters, support of civil authori- Sciences to conduct a comprehensive review at Camp Lejeune. ties, and other circumstances.’’. and evaluation of the available scientific and (C) The known and suspected health effects (3) MILITARY ASSISTANCE FOR CIVIL AU- medical evidence regarding associations be- of exposure to the drinking water impacted THORITIES.—Chapter 1011 of such title is fur- tween pre-natal, child, and adult exposure to by trichloroethylene and ther amended by inserting after section 10503 drinking water contaminated with trichloro- tetrachloroethylene at Camp Lejeune. the following new section:

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‘‘§ 10503a. Functions of National Guard Bu- SEC. 552. CLARIFICATION OF APPLICATION OF AMENDMENT NO. 4351 reau: military assistance to civil authorities UNIFORM CODE OF MILITARY JUS- (The amendment is printed in today’s TICE DURING A TIME OF WAR. ‘‘(a) IDENTIFICATION OF ADDITIONAL NEC- Paragraph (10) of section 802(a) of title 10, RECORD under ‘‘Text of Amendments.’’) ESSARY ASSISTANCE.—The Chief of the Na- United States Code (article 2(a) of the Uni- AMENDMENT NO. 4352 tional Guard Bureau shall— form Code of Military Justice), is amended ‘‘(1) identify gaps between Federal and (Purpose: To authorize the temporary use of by striking ‘‘war’’ and inserting ‘‘declared State capabilities to prepare for and respond the National Guard to provide support for war or a contingency operation’’. to emergencies; and border security along the southern land ‘‘(2) make recommendations to the Sec- AMENDMENT NO. 4350 border of the United States) retary of Defense on programs and activities (Purpose: To modify authorities relating to At the end of subtitle E of title X, add the of the National Guard for military assistance the composition and appointment of mem- following: to civil authorities to address such gaps. bers of the United States Marine Band and SEC. 1044. TEMPORARY NATIONAL GUARD SUP- ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meet- the United States Marine Drum and Bugle PORT FOR SECURING THE SOUTH- ing the requirements of subsection (a), the Corps) ERN LAND BORDER OF THE UNITED Chief of the National Guard Bureau shall, in At the end of subtitle A of title IX, add the STATES. coordination with the Adjutant Generals of following: (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) With the approval of the Secretary of De- the States, have responsibilities as follows: SEC. 903. UNITED STATES MARINE BAND AND ‘‘(1) To validate the requirements of the UNITED STATES MARINE DRUM AND fense, the Governor of a State may order any several States and Territories with respect BUGLE CORPS. units or personnel of the National Guard of to military assistance to civil authorities. (a) IN GENERAL.—Section 6222 of title 10, such State to annual training duty under ‘‘(2) To develop doctrine and training re- United States Code, is amended to read as section 502(a) of title 32, United States Code, quirements relating to the provision of mili- follows: to carry out in any State along the Southern tary assistance to civil authorities. ‘‘§ 6222. United States Marine Band; United land border of the United States the activi- ‘‘(3) To administer amounts provided the States Marine Drum and Bugle Corps: com- ties authorized in subsection (b) for the pur- National Guard for the provision of military position; appointment and promotion of pose of securing such border. Such duty shall assistance to civil authorities. members not exceed 21 days in any year. (2) With the approval of the Secretary of ‘‘(4) To carry out any other responsibility ‘‘(a) UNITED STATES MARINE BAND.—The Defense, the Governor of a State may order relating to the provision of military assist- band of the Marine Corps shall be composed any units or personnel of the National Guard ance to civil authorities as the Secretary of of one director, two assistant directors, and of such State to perform duty under section Defense shall specify. other personnel in such numbers and grades 502(f) of title 32, United States Code, to pro- ‘‘(c) ASSISTANCE.—The Chairman of the as the Secretary of the Navy determines to vide command, control, and continuity of Joint Chiefs of Staff shall assist the Chief of be necessary. the National Guard Bureau in carrying out ‘‘(b) UNITED STATES MARINE DRUM AND support for units and personnel performing activities under this section. BUGLE CORPS.—The drum and bugle corps of annual training duty under paragraph (1). ‘‘(d) CONSULTATION.—The Chief of the Na- the Marine Corps shall be composed of one (b) AUTHORIZED ACTIVITIES.—The activities tional Guard Bureau shall carry out activi- commanding officer and other personnel in authorized by this subsection are the fol- ties under this section in consultation with such numbers and grades as the Secretary of lowing: the Secretary of the Army and the Secretary the Navy determines to be necessary. (1) Ground surveillance activities. of the Air Force.’’. ‘‘(c) APPOINTMENT AND PROMOTION.—(1) The (2) Airborne surveillance activities. (4) LIMITATION ON INCREASE IN PERSONNEL Secretary of the Navy shall prescribe regula- (3) Logistical support. OF NATIONAL GUARD BUREAU.—The Secretary tions for the appointment and promotion of (4) Provision of translation services and of Defense shall, to the extent practicable, members of the Marine Band and members of training. ensure that no additional personnel are as- the Marine Drum and Bugle Corps. (5) Provision of administrative support signed to the National Guard Bureau in ‘‘(2) The President may from time to time services. order to address administrative or other re- appoint members of the Marine Band and (6) Provision of technical training services. quirements arising out of the amendments members of the Marine Drum and Bugle (7) Provision of emergency medical assist- made by this subsection. Corps to grades not above the grade of cap- ance and services. (d) CONFORMING AND CLERICAL AMEND- tain. The authority of the President to make (8) Provision of communications services. MENTS.— appointments under this paragraph may be (9) Rescue of aliens in peril. (1) CONFORMING AMENDMENT.—The heading delegated only to the Secretary of Defense. (10) Construction of roadways, patrol of section 10503 of such title is amended to ‘‘(3) The President, by and with the advice roads, fences, barriers, and other facilities to read as follows: and consent of the Senate, may from time to secure the southern land border of the ‘‘§ 10503. Functions of National Guard Bu- time appoint any member of the Marine United States. reau: charter’’. Band or of the Marine Drum and Bugle Corps (11) Ground and air transportation. (2) CLERICAL AMENDMENT.—The table of to a grade above the grade of captain. (c) COOPERATIVE AGREEMENTS.—Units and sections at the beginning of chapter 1011 of ‘‘(d) RETIREMENT.—Unless otherwise enti- personnel of the National Guard of a State such title is amended by striking the item tled to higher retired grade and retired pay, may perform activities in another State relating to section 10503 and inserting the a member of the Marine Band or Marine under subsection (a) only pursuant to the following new items: Drum and Bugle Corps who holds, or has terms of an emergency management assist- ‘‘10503. Functions of National Guard Bureau: held, an appointment under this section is ance compact or other cooperative arrange- charter. entitled, when retired, to be retired in, and ment entered into between the Governors of ‘‘10503a. Functions of National Guard Bu- with retired pay based on, the highest grade such States for purposes of this section, and reau: military assistance to held under this section in which the Sec- only with the approval of the Secretary of civil authorities.’’. retary of the Navy determines that such Defense. SEC. 933. REQUIREMENT THAT POSITION OF DEP- member served satisfactorily. (d) COORDINATION OF ASSISTANCE.—The Sec- UTY COMMANDER OF THE UNITED ‘‘(e) REVOCATION OF APPOINTMENT.—The retary of Homeland Security shall, in con- STATES NORTHERN COMMAND BE Secretary of the Navy may revoke any ap- sultation with the Secretary of Defense and FILLED BY A QUALIFIED NATIONAL pointment of a member of the Marine Band the Governors of the States concerned, co- GUARD OFFICER. or Marine Drum and Bugle Corps. When a ordinate the performance of activities under (a) IN GENERAL.—The position of Deputy member’s appointment to a commissioned this section by units and personnel of the Commander of the United States Northern grade terminates under this subsection, such National Guard. Command shall be filled by a qualified offi- member is entitled, at the option of such (e) ANNUAL TRAINING.—Annual training cer of the National Guard who is eligible for member— duty performed by members of the National promotion to the grade of lieutenant gen- ‘‘(1) to be discharged from the Marine Guard under this section shall be appropriate eral. Corps; or for the units and individual members con- (b) PURPOSE.—The purpose of the require- ‘‘(2) to revert to the grade and status such cerned, taking into account the types of ment in subsection (a) is to ensure that in- units and military occupational specialties formation received from the National Guard member held at the time of appointment of individual members performing such duty. Bureau regarding the operation of the Na- under this section.’’. (b) CLERICAL AMENDMENT.—The table of (f) PROHIBITION ON DIRECT PARTICIPATION IN tional Guard of the several States is inte- sections at the beginning of chapter 565 of LAW ENFORCEMENT.—Activities carried out grated into the plans and operations of the such title is amended by striking the item under this section shall not include the di- United States Northern Command. relating to section 6222 and inserting the fol- rect participation of a member of the Na- AMENDMENT NO. 4226 lowing new item: tional Guard in a search, seizure, arrest, or (Purpose: To clarify the applicability of the ‘‘6222. United States Marine Band; United similar activity. Uniform Code of Military Justice during a States Marine Drum and Bugle (g) DURATION OF AUTHORITY.—The author- time of war) Corps: composition; appoint- ity of this section shall expire on January 1, At the end of subtitle C of title V, add the ment and promotion of mem- 2009. following: bers.’’. (h) DEFINITIONS.—In this section:

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(1) The term ‘‘Governor of a State’’ means, the Secretary of Defense shall submit to AMENDMENT NO. 4210 in the case of the District of Columbia, the Congress a report on technologies for neu- (Purpose: Expressing the sense of the Senate Commanding General of the National Guard tralizing or defeating threats to military ro- on notice to Congress of the recognition of of the District of Columbia. tary wing aircraft posed by portable air de- members of the Armed Forces for extraor- (2) The term ‘‘State’’ means each of the fense systems and rocket propelled grenades dinary acts of heroism, bravery, and several States and the District of Columbia, that are being researched, developed, em- achievement) the Commonwealth of Puerto Rico, Guam, ployed, or considered by the United States At the end of subtitle F of title V, add the and the Virgin Islands. Government or the North Atlantic Treaty following: (3) The term ‘‘State along the southern Organization. SEC. 587. SENSE OF SENATE ON NOTICE TO CON- land border of the United States’’ means (b) CONTENT.—The report required under GRESS OF RECOGNITION OF MEM- each of the following: subsection (a) shall include— BERS OF THE ARMED FORCES FOR (A) The State of Arizona. (1) an assessment of the expected value and EXTRAORDINARY ACTS OF BRAVERY, (B) The State of California. utility of the technologies, particularly with HEROISM, AND ACHIEVEMENT. (C) The State of New Mexico. respect to— It is the sense of the Senate that the Sec- (D) The State of Texas. (A) the saving of lives; retary of Defense or the Secretary of the AMENDMENT NO. 4353 (B) the ability to reduce the vulnerability military department concerned should, upon (Purpose: To ensure government perform- of aircraft; and awarding a medal to a member of the Armed ance of critical acquisition functions) (C) the enhancement of the ability of air- Forces or otherwise commending or recog- At the end of subtitle A of title VIII, add craft and their crews to accomplish assigned nizing a member of the Armed Forces for an the following: missions; act of extraordinary heroism, bravery, achievement, or other distinction, notify the SEC. 812. GOVERNMENT PERFORMANCE OF CRIT- (2) an assessment of the potential costs of ICAL ACQUISITION FUNCTIONS. developing and deploying such technologies; Committee on Armed Services of the Senate (a) GOVERNMENT PERFORMANCE OF FUNC- (3) a description of efforts undertaken to and House of Representatives, the Senators TIONS.— develop such technologies, including— from the State in which such member re- (1) IN GENERAL.—Section 2383 of title 10, (A) non-lethal counter measures; sides, and the Member of the House of Rep- United States Code is amended— (B) lasers and other systems designed to resentatives from the district in which such (A) by redesignating subsection (b) as sub- dazzle, impede, or obscure threatening weap- member resides of such extraordinary award, section (c); and on or their users; commendation, or recognition. (B) by inserting after subsection (a) the (C) direct fire response systems; AMENDMENT NO. 4300 following new subsection (b): (D) directed energy weapons; and (Purpose: Relating to multi-spectral imaging ‘‘(b) GOVERNMENT PERFORMANCE OF CRIT- (E) passive and active systems; and capabilities) ICAL ACQUISITION FUNCTIONS.—The head of an (4) a description of any impediments to the At the end of subtitle D of title I, add the agency shall ensure that, at a minimum, for development of such technologies, such as following: each major defense acquisition program and legal restrictions under the law of war, trea- each major automated information system SEC. 147. MULTI-SPECTRAL IMAGING CAPABILI- ty restrictions under the Protocol on Blind- TIES. program, each of the following positions is ing Lasers, and political obstacles such as performed by a properly qualified full-time (a) FINDINGS.—The Senate makes the fol- the reluctance of other allied countries to lowing findings: Federal military or civilian employee: pursue such technologies. ‘‘(1) Program manager. (1) The budget of the President for fiscal ‘‘(2) Deputy program manager. AMENDMENT NO. 4213 year 2007, as submitted to Congress under ‘‘(3) Chief engineer. (Purpose: To provide for a review of the legal section 1105(a) of title 31, United States ‘‘(4) Systems engineer. status of the Junior Reserve Officers’ Code, and the current Future-Years Defense ‘‘(5) Cost estimator. Training Corps program) Program adopts an Air Force plan to retire the remaining fleet of U–2 aircraft by 2011. (2) DEFINITIONAL MATTERS.—Subsection (c) At the end of subtitle D of title V, add the (2) This retirement would eliminate the of such section, as redesignated by paragraph following: (1)(A) of this subsection, is further amended multi-spectral capability provided by the SEC. 569. REVIEW OF LEGAL STATUS OF JUNIOR electro-optical/infrared (EO/IR) Senior Year by adding at the end the following new para- ROTC PROGRAM. graphs: Electro-optical Reconnaissance System (a) REVIEW.—The Secretary of Defense ‘‘(5) The term ‘major defense acquisition (SYERS-2) high-altitude imaging system. shall conduct a review of the 1976 legal opin- program’ has the meaning given such term (3) The system referred to in paragraph (2) ion issued by the General Counsel of the De- in section 2430(a) of this title. provides high-resolution, long-range, day- ‘‘(6) The term ‘major automated informa- partment of Defense regarding instruction of and-night image intelligence. tion system program’ has the meaning given non-host unit students participating in Jun- (4) The infrared capabilities of the system such term in section 2445a(a) of this title.’’. ior Reserve Officers’ Training Corps pro- referred to in paragraph (2) can defeat enemy (b) EFFECTIVE DATE AND PHASE-IN.— grams. The review shall consider whether efforts to use camouflage or concealment, as (1) EFFECTIVE DATE.—The amendments changes to law after the issuance of that well as provide images through poor visi- made by subsection (a) shall take effect on opinion allow in certain circumstances for bility and smoke. the date that is one year after the date of en- the arrangement for assignment of instruc- (5) Although the Air Force has previously actment of this Act. tors that provides for the travel of an in- recognized the military value of Senior Year (2) TEMPORARY WAVER.—During the two structor from one educational institution to Electro-optical Reconnaissance System sen- years period beginning on the effective date another once during the regular school day sors, the Air Force has no plans to migrate specified in paragraph (1), the head of an for the purposes of the Junior Reserve Offi- this capability to any platform remaining in agency may waive the requirement in sub- cers’ Training Corps program as an author- the fleet. section (b) of section 2383 of title 10, United ized arrangement that enhances administra- (6) The Air Force could integrate such ca- States Code, as amended by subsection (a) of tive efficiency in the management of the pabilities onto the Global Hawk platform to this section, with regard to a specific func- program. If the Secretary, as a result of the retain this capability for combatant com- tion on a particular program upon a written review, determines that such authority is manders. determination by the head of the agency not available, the Secretary should also con- (7) The Nation risks a loss of an important that a properly qualified full-time Federal sider whether such authority should be intelligence gathering capability if this ca- military or civilian employee cannot reason- available and whether there should be au- pability is not transferred to another plat- ably be made available to perform such func- thority to waive the restrictions under cer- form. tion. tain circumstances. (b) SENSE OF SENATE.—It is the sense of the EPORT AMENDMENT NO. 4354 (b) R .—The Secretary shall submit to Senate that the Air Force should investigate the Committee on Armed Services of the (Purpose: To require a report on technologies ways to retain the multi-spectral imaging Senate and the Committee on Armed Serv- designed to neutralize or defeat the threat capabilities provided by the Senior Year ices of the House of Representatives a report to military rotary wing aircraft posed by Electro-optical Reconnaissance System containing the results of the review not later portable air defense systems and rocket high-altitude imaging system after the re- than 180 days after the date of the enactment propelled grenades) tirement of the U–2 aircraft fleet. of this Act. (c) REPORT REQUIREMENT.—The Secretary At the end of subtitle G of title X, add the (c) INTERIM AUTHORITY.—A current institu- of the Air Force shall submit to the congres- following: tion that has more than 70 students and is sional defense committees, at the same time SEC. 1066. REPORT ON TECHNOLOGIES FOR NEU- providing support to another educational in- the budget of the President for fiscal year TRALIZING OR DEFEATING THREATS stitutional with more than 70 students and 2008 is submitted to Congress under section TO MILITARY ROTARY WING AIR- CRAFT FROM PORTABLE AIR DE- has been providing for the assignment of in- 1105(a) of title 31, United States Code, a plan FENSE SYSTEMS AND ROCKET PRO- structors from one school to the other may for migrating the capabilities provided by PELLED GRENADES. continue to provide such support until 180 the Senior Year Electro-optical Reconnais- (a) IN GENERAL.—Not later than 180 days days following receipt of the report under sance System high-altitude imaging system after the date of the enactment of this Act, subsection (b). from the U–2 aircraft to the Global Hawk

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platform before the retirement of the U–2 rifice and assist those families who have (4) USE OF CAREGIVER LEAVE.—Leave may aircraft fleet in 2011. loved ones in the Armed Forces of the United only be used under this subsection for pur- AMENDMENT NO. 4209 States deployed overseas. poses directly relating to, or resulting from, (Purpose: To commend the men and women AMENDMENT NO. 4215 the designation of an employee as a care- of the Armed Forces of the United States (Purpose: To provide for 2 programs to au- giver. EGULATIONS.—Not later than 120 days in Iraq for their on-going service to the thorize the use of leave by cargivers for (5) R after the date of enactment of this Act, the United States) family members of certain individuals per- Office of Personnel Management shall pre- forming military service, and for other At the the end of subtitle I of title X, in- scribe regulations to carry out this sub- purposes) sert the following: section. SEC. 1084. SENSE OF CONGRESS REGARDING THE At the appropriate place, insert the fol- (6) TERMINATION.—The program under this MEN AND WOMEN OF THE ARMED lowing: subsection shall terminate on December 31, FORCES OF THE UNITED STATES IN SEC. ll PROGRAMS FOR USE OF LEAVE BY 2007. IRAQ. CAREGIVERS FOR FAMILY MEMBERS (b) VOLUNTARY PRIVATE SECTOR LEAVE (a) FINDINGS.—Congress makes the fol- OF INDIVIDUALS PERFORMING CER- PROGRAM.— lowing findings: TAIN MILITARY SERVICE. (1) DEFINITIONS.— (1) In 2003, members of the Armed Forces of (a) FEDERAL EMPLOYEES PROGRAM.— (A) CAREGIVER.—The term ‘‘caregiver’’ EFINITIONS.—In this subsection: the United States successfully liberated the (1) D means an individual who— people of Iraq from the tyrannical regime of (A) CAREGIVER.—The term ‘‘caregiver’’ (i) is an employee; Saddam Hussein. means an individual who— (ii) is at least 21 years of age; and (2) Members of the Armed Forces of the (i) is an employee; (iii) is capable of self care and care of chil- United States have bravely risked their lives (ii) is at least 21 years of age; and dren or other dependent family members of a everyday over the last 3 years to protect the (iii) is capable of self care and care of chil- qualified member of the Armed Forces. people of Iraq from terror attacks by Al dren or other dependent family members of a (B) COVERED PERIOD OF SERVICE.—The term Qaeda and other extremist organizations. qualified member of the Armed Forces. ‘‘covered period of service’’ means any period (3) Members of the Armed Forces of the (B) COVERED PERIOD OF SERVICE.—The term of service performed by an employee as a United States have conducted dozens of oper- ‘‘covered period of service’’ means any period caregiver while the individual who des- ations with coalition forces to track, appre- of service performed by an employee as a ignated the caregiver under paragraph (4) re- hend, and eliminate terrorists in Iraq. caregiver while the individual who des- mains a qualified member of the Armed (4) Members of the Armed Forces of the ignated the caregiver under paragraph (3) re- Forces. United States have helped sustain political mains a qualified member of the Armed (C) EMPLOYEE.—The term ‘‘employee’’ progress in Iraq by assisting the people of Forces. means an employee of a business entity par- Iraq as they exercised their right to choose (C) EMPLOYEE.—The term ‘‘employee’’ has ticipating in the program under this sub- their leaders and draft their own constitu- the meaning given under section 6331 of title section. tion. 5, United States Code. (D) FAMILY MEMBER.—The term ‘‘family (5) Members of the Armed Forces of the (D) FAMILY MEMBER.—The term ‘‘family member’’ includes— United States have taught over 150,000 sol- member’’ includes— (i) individuals for whom the qualified diers of Iraq to respect civilian authority, (i) individuals for whom the qualified member of the Armed Forces provides med- conduct counter-insurgency operations, pro- member of the Armed Forces provides med- ical, financial, and logistical support (such vide meaningful security, and protect the ical, financial, and logistical support (such as housing, food, clothing, or transpor- people of Iraq from terror attacks. as housing, food, clothing, or transpor- tation); and (6) Members of the Armed Forces of the tation); and (ii) children under the age of 19 years, el- United States have built new schools, hos- (ii) children under the age of 19 years, el- derly adults, persons with disabilities, and pitals, and public works throughout Iraq. derly adults, persons with disabilities, and other persons who are unable to care for (7) Members of the Armed Forces of the other persons who are unable to care for themselves in the absence of the qualified United States have helped rebuild Iraq’s di- themselves in the absence of the qualified member of the Armed Forces. lapidated energy sector. member of the Armed Forces. (E) QUALIFIED MEMBER OF THE ARMED (8) Members of the Armed Forces of the (E) QUALIFIED MEMBER OF THE ARMED FORCES.—The term ‘‘qualified member of the United States have restored electrical power FORCES.—The term ‘‘qualified member of the Armed Forces’’ means— and sewage waste treatment for the people of Armed Forces’’ means— (i) a member of a reserve component of the Iraq. (i) a member of a reserve component of the Armed Forces as described under section (9) Members of the Armed Forces of the Armed Forces as described under section 10101 of title 10, United States Code, who has United States have established lasting and 10101 of title 10, United States Code, who has received notice to report to, or is serving on, productive relationships with local leaders received notice to report to, or is serving on, active duty in the Armed Forces in support in Iraq and secured the support of a majority active duty in the Armed Forces in support of a contingency operation as defined under of the populace of Iraq. of a contingency operation as defined under section 101(a)(13) of title 10, United States (10) Members of the Armed Forces of the section 101(a)(13) of title 10, United States Code; or United States have courageously endured so- Code; or (ii) a member of the Armed Forces on ac- phisticated terror tactics, including deadly (ii) a member of the Armed Forces on ac- tive duty who is eligible for hostile fire or car-bombs, sniper attacks, and improvised tive duty who is eligible for hostile fire or imminent danger special pay under section explosive devices. imminent danger special pay under section 310 of title 37, United States Code. (11) Members of the Armed Forces of the 310 of title 37, United States Code. (2) ESTABLISHMENT OF PROGRAM.— United States have paid a high cost in order (2) ESTABLISHMENT OF PROGRAM.—The Of- (A) IN GENERAL.—The Secretary of Labor to defeat the terrorists, defend innocent ci- fice of Personnel Management shall establish may establish a program to authorize em- vilians, and protect democracy from those a program to authorize a caregiver to— ployees of business entities described under who desire the return of oppression and ex- (A) use any sick leave of that caregiver paragraph (3) to use sick leave, or any other tremism to Iraq. during a covered period of service in the leave available to an employee, during a cov- (12) Members of the Armed Forces of the same manner and to the same extent as an- ered period of service in the same manner United States have performed their duty in nual leave is used; and and to the same extent as annual leave (or Iraq with an unflagging commitment to the (B) use any leave available to that care- its equivalent) is used. highest ideals and traditions of the United giver under subchapter III or IV of chapter 63 (B) EXCEPTION.—Subparagraph (A) shall States and the Armed Forces. of title 5, United States Code, during a cov- not apply to leave made available under the (b) SENSE OF CONGRESS.—It is the sense of ered period of service as though that covered Family and Medical Leave Act of 1993 (29 Congress that— period of service is a medical emergency. U.S.C. 2601 et seq.). (1) the men and women in uniform of the (3) DESIGNATION OF CAREGIVER.— (3) VOLUNTARY BUSINESS PARTICIPATION.— Armed Forces of the United States in Iraq (A) IN GENERAL.—A qualified member of The Secretary of Labor may solicit business should be commended for their on-going the Armed Forces shall submit a written des- entities to voluntarily participate in the pro- service to the United States, their commit- ignation of the individual who is the care- gram under this subsection. ment to the ideals of the United States, and giver for any family member of that member (4) DESIGNATION OF CAREGIVER.— their determination to win the Global War of the Armed Forces during a covered period (A) IN GENERAL.—A qualified member of on Terrorism; of service to the employing agency and the the Armed Forces shall submit a written des- (2) gratitude should be expressed to the Office of Personnel Management. ignation of the individual who is the care- families of the Armed Forces of the United (B) DESIGNATION OF SPOUSE.—Notwith- giver for any family member of that member States, especially those families who have standing paragraph (1)(A)(ii), an individual of the Armed Forces during a covered period lost loved ones in Operational Iraqi Free- less than 21 years of age may be designated of service to the employing business entity. dom; and as a caregiver if that individual is the spouse (B) DESIGNATION OF SPOUSE.—Notwith- (3) the people of the United States should of the qualified member of the Armed Forces standing paragraph (1)(A)(ii), an individual honor those who have paid the ultimate sac- making the designation. less than 21 years of age may be designated

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6122 CONGRESSIONAL RECORD — SENATE June 20, 2006 as a caregiver if that individual is the spouse SEC. 352. REPORT ON AERIAL TRAINING AIR- penses and costs’’ and insert ‘‘paragraph of the qualified member of the Armed Forces SPACE REQUIREMENTS OF THE DE- (1)(A) in fiscal year 2007 for the expenses’’. PARTMENT OF DEFENSE. making the designation. AMENDMENT NO. 4359 (a) FINDINGS.—Congress makes the fol- (5) USE OF CAREGIVER LEAVE.—Leave may (Purpose: To require a report on actions to only be used under this subsection for pur- lowing findings: (1) Access to and use of available and un- reduce the consumption of petroleum- poses directly relating to, or resulting from, based fuel by the Department of Defense) the designation of an employee as a care- fettered aerial training airspace is critical At the end of subtitle D of title III, add the giver. for preserving aircrew warfighting pro- following: (6) REGULATIONS.—Not later than 120 days ficiency and the ability to test, evaluate, and after the date of enactment of this Act, the improve capabilities of both personnel and SEC. 352. REPORT ON ACTIONS TO REDUCE DE- equipment within the most realistic training PARTMENT OF DEFENSE CONSUMP- Secretary of Labor may prescribe regula- TION OF PETROLEUM-BASED FUEL. tions to carry out this subsection. environments possible. (2) The growth of civilian and commercial (a) REPORT REQUIRED.—Not later than one (7) TERMINATION.—The program under this year after the date of the enactment of this subsection shall terminate on December 31, aviation traffic and the rapid expansion of commercial and general air traffic lanes Act, the Secretary of Defense shall submit to 2007. the Committees on Armed Services of the (c) GAO REPORT.—Not later than June 30, across the continental Unites States has left few remaining areas of the country available Senate and the House of Representatives a 2007, the Government Accountability Office report on the actions taken, and to be taken, shall submit a report to Congress on the pro- for realistic air combat training or expan- sion of existing training areas. by the Department of Defense to reduce the grams under subsections (a) and (b) that in- consumption by the Department of petro- cludes— (3) Many Military Operating Areas (MOAs) originally established in what was once open leum-based fuel. (1) an evaluation of the success of each pro- (b) ELEMENTS.—The report shall include and uncongested airspace are now en- gram; and the status of implementation by the Depart- croached upon by a heavy volume of com- (2) recommendations for the continuance ment of the requirements of the following: mercial and general air traffic, making or termination of each program. (1) The Energy Policy Act of 2005 (Public training more difficult and potentially haz- AMENDMENT NO. 4355 Law 109–58). ardous. (Purpose: To modify the increase in the (2) The Energy Policy Act of 1992. (Public (4) Some aerial training areas in the upper fiscal year 2006 general transfer authority) Law 102–486) great plains, western States, and Gulf coast (3) Executive Order 13123. On page 380, line 18, strike ‘‘$3,750,000,000’’ remain largely free from encroachment and (4) Executive Order 13149. and insert ‘‘$5,000,000,000’’. available for increased use, expansion, and AMENDMENT NO. 4356 preservation for the future. (5) Any other law, regulation, or directive relating to the consumption by the Depart- (Purpose: To authorize additional emergency (b) SENSE OF CONGRESS.—It is the sense of supplemental appropriations for fiscal year Congress that the Department of Defense ment of petroleum-based fuel. 2006) should— AMENDMENT NO. 4360 Strike section 1002 and insert the fol- (1) establish a policy to identify military (Purpose: To require a report assessing the lowing: aerial training areas that are projected to re- desirability and feasibility of conducting SEC. 1002. AUTHORIZATION OF ADDITIONAL main viable and free from encroachment well joint officer promotion selection boards) EMERGENCY SUPPLEMENTAL AP- into the 21st century; At the end of part II of subtitle A of title PROPRIATIONS FOR FISCAL YEAR (2) determine aerial training airspace re- V, add the following: 2006. quirements to meet future training and air- SEC. 521. REPORT ON JOINT OFFICER PRO- (a) IRAQ, AFGHANISTAN, AND THE GLOBAL space requirements of current and next gen- MOTION BOARDS. WAR ON TERROR.—Amounts authorized to be eration military aircraft; and (a) REPORT REQUIRED.—Not later than June appropriated to the Department of Defense (3) undertake all necessary actions in a 1, 2007, the Secretary of Defense shall submit for fiscal year 2006 in the National Defense timely manner, including coordination with to the Committee on Armed Services of the Authorization Act for Fiscal Year 2006 (Pub- the Federal Aviation Administration, to pre- Senate and House of Representatives a re- lic Law 109–163) are hereby adjusted, with re- serve, and if necessary, expand those areas of port on the desirability and feasibility of spect to any such authorized amount, by the airspace to meet present and future training conducting joint officer promotion selection amount by which appropriations pursuant to requirements. boards. such authorization are increased by a supple- (c) REPORT.—Not later than 120 days after (b) ELEMENTS.—The report under sub- mental appropriation, or decreased by a re- the date of the enactment of this Act, the section (a) shall include— scission, or both, or are increased by a trans- Secretary of Defense shall submit to the con- (1) a discussion of the limitations in exist- fer of funds, pursuant to title I of the Emer- gressional defense committees a report set- ing officer career paths and promotion proce- gency Supplemental Appropriations Act for ting forth a proposed plan to preserve and, if dures that might warrant the conduct of Defense, the Global War on Terror, and Hur- necessary, expand available aerial training joint officer promotion selection boards; ricane Recovery, 2006 (Public Law 109–234). airspace to meet the projected needs of the (2) an identification of the requirements (b) HURRICANE DISASTER RELIEF AND RE- Department of Defense for such airspace for officers for which joint officer promotion COVERY.—Amounts authorized to be appro- through 2025. selection boards would be advantageous; priated to the Department of Defense for fis- AMENDMENT NO. 4357 (3) recommendations on methods to dem- cal year 2006 in the National Defense Author- (Purpose: To establish a goal of the Depart- onstrate how joint officer promotion selec- ization Act for Fiscal Year 2006 are hereby ment of Defense relating to the use of re- tion boards might be structured, and an eval- adjusted, with respect to any such author- newable energy to meet electricity needs) uation of the feasibility of such methods; ized amount, by the amount by which appro- and priations pursuant to such authorization are At the end of subtitle B of title XXVIII, (4) any proposals for legislative action that increased by a supplemental appropriation, add the following: or decreased by a rescission, or both, or are SEC. 2828. USE OF RENEWABLE ENERGY TO MEET the Secretary considers appropriate. increased by a transfer of funds, pursuant to ELECTRICITY NEEDS. Mr. JEFFORDS. Mr. President, I am title II of the Emergency Supplemental Ap- It shall be the goal of the Department of pleased that my amendment to support propriations Act for Defense, the Global War Defense to ensure that the Department— military families was accepted today on Terror, and Hurricane Recovery, 2006. (1) produces or procures not less than 25 by the Senate by unanimous consent to (c) BORDER SECURITY.—Amounts author- percent of the total quantity of electric en- S. 2766, the National Defense Author- ized to be appropriated to the Department of ergy it consumes within its facilities and in its activities during fiscal year 2025 and each ization Act of fiscal year 2007. Let me Defense for fiscal year 2006 in the National begin by thanking my good friend, the Defense Authorization Act for Fiscal Year fiscal year thereafter from renewable energy 2006 are hereby adjusted, with respect to any sources (as defined in section 203(b) of the Senator from Wisconsin, Mr. FEINGOLD, such authorized amount, by the amount by Energy Policy Act of 2005 (42 U.S.C. 15852(b)); who joined me last year in introducing which appropriations pursuant to such au- and the legislation upon which this amend- thorization are increased by a supplemental (2) produces or procures such renewable en- ment is based, S. 1888, the Military appropriation, or decreased by a rescission, ergy when it is life-cycle cost effective to do Family Support Act. His advocacy for or both, or are increased by a transfer of so (as defined in section 708 of Executive this issue and for the families of our funds, pursuant to title V of the Emergency Order 13123 (42 U.S.C. 8251 note; relating to men and women in uniform is greatly Supplemental Appropriations Act for De- greening the Government through efficient fense, the Global War on Terror, and Hurri- energy management)). appreciated. I would also like to recog- nize Senator DAYTON, Senator LAUTEN- cane Recovery, 2006. AMENDMENT NO. 4358 AMENDMENT NO. 4217 (Purpose: To modify the limitation on avail- BERG, and Senator MURRAY for their (Purpose: To require a report on the future ability of funds for Department of Defense support for this amendment. Of course, aerial training airspace requirements of participation in multinational military the Senate and our Nation benefit the Department of Defense) centers of excellence) greatly from the leadership on national At the end of subtitle D of title III, add the On page 463, beginning on line 8, strike defense issues of the Senator from Vir- following: ‘‘paragraph (1) in fiscal year 2007 for the ex- ginia, Mr. WARNER, chairman of the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6123 Senate Armed Services Committee, Mr. WARNER. Mr. President, I would issue for the conference committee, and the Senator from Michigan, Mr. respond that we have concluded all the and that will further slow down the LEVIN. I thank them both and their work at the moment. I believe our bill’s enactment. staff for their assistance with this leaders are working out a procedure by Even more frustrating, the issue Sen- amendment. which the minimum wage amendments ator KENNEDY is raising has been con- I would also like to acknowledge the are being addressed. sidered and voted on by the Senate four cooperation of Senate Homeland Secu- Mr. LEVIN. I wonder, as the alter- times already in this Congress. We rity and Government Affairs Com- native now comes to us, whether we voted on the majority and minority mittee Chairwoman COLLINS and Rank- could let Senator HARKIN first go be- plans to raise the minimum wage ing Member LIEBERMAN and the exper- fore Senator ENZI. On the other hand, if twice. We voted on the two of them in tise of their staff. They were very help- it is your turn in rotation, then we March, and we voted on them in No- ful in the process that has led to this would have no objection. vember. Now, both times, no proposal amendment, and I appreciate their as- Mr. WARNER. Mr. President, at this succeeded. sistance. moment I think there has been a re- Amendments offered by the Senate At about this time last year, I was quest to go off of our bill. Is that the must comply with certain budget rules contacted by a group of Vermonters request of the Senator from Wyoming? which, as a member of the Budget Com- who were trying to help their cowork- Mr. ENZI. No, Mr. President. Senator mittee, I fully support. Amendments ers with family members serving in KENNEDY filed an amendment that that constitute an unfunded mandate Iraq as part of the Vermont National dealt with the minimum wage. I actu- are subject to a point of order which Guard. I was impressed by the gen- ally won’t send mine to the desk right can only be waived with a vote of 60 erosity of Vermonters who wanted to now, but I would like to comment on Senators. Not 1 of the 4 minimum wage do all they could to help ease the that right now. amendments has received 60 votes in strains of military deployments felt by Mr. WARNER. The Senator is quite the Senate this Congress. Yet here we their friends and neighbors. I was also correct, quite correct. We will remain are again, facing the same situation, reminded of how a family’s day-to-day on the bill for the purpose of debate on using up time on the Defense bill. The life is disrupted by a deployment of a such amendments relative to minimum outcome is likely to be the same as it loved one overseas. wage that may be brought forward, was the last four times we voted. This amendment calls for two pilot correct. Senator KENNEDY’s is at the Knowing this, I find it difficult to un- programs to help with family disrup- desk and you wish to speak to it? derstand why those on the other side of tions due to an overseas deployment. Mr. ENZI. That is correct. Of course, the aisle want to bring it up again on The first pilot program, administered I am going to ask that he withdraw this critically important national secu- by the Office of Personnel Manage- that amendment and I do not propose rity bill. ment, OPM, would authorize Federal my amendment because they don’t Let us not misuse the time we should employees who have been designated have to do with the Department of De- be spending debating our national secu- by a member of the Armed Forces as fense authorization. rity priorities for the next year by re- ‘‘caregivers’’, as defined by the Depart- The PRESIDING OFFICER. Does the peating votes that already occurred ment of Defense, DOD, to use their Senator request to set aside the pend- four times in this Congress. Instead, leave in a more flexible manner. No ing amendment? let’s focus on how we should prepare new leave would be given to any em- Mr. ENZI. The Senator withdraws his for the many threats we face as a na- ployees. This amendment simply request to do that but requests the tion. The good men and women who makes leave already available more floor. work for the Department of Defense useful during stressful times for mili- The PRESIDING OFFICER. The Sen- and the Department of Energy need our tary families. The second pilot pro- ator has the floor. authorization and our guidance to gram allows the Department of Labor, Mr. ENZI. Mr. President, I know that move forward with their activities that DOL, to solicit businesses to volun- some people who are following this de- keep us safe. We have always done it tarily take part in a program to offer bate might be wondering how the min- before we do the appropriations on more accommodating leave to their imum wage relates to legislation that those budgets. We should not let them employees. This amendment does not authorizes national security programs down. We should not let the American include in its scope the Family Medical in the Department of Defense and the people down. Leave Act, FMLA, and it does not re- Department of Energy for the next I urge my colleagues on the other quire any private sector entity to par- year, and that is certainly a valid ques- side of the aisle not to divert this de- ticipate. tion. The answer is: It doesn’t. bate on to an entirely unrelated mat- Mr. President, in closing, this amend- The underlying legislation the Sen- ter, the outcome of which is clearly de- ment aims to make life a little easier ate has been considering for over a terminable. So I urge my colleague, for those who are already giving so week is of tremendous importance to Senator KENNEDY, to withdraw his much to our country and to their com- our national security. The bill is bipar- amendment. I would add that if he does munities. tisan and was reported out of com- not, I am plenty willing to have the de- Mr. WARNER. Mr. President, I move mittee unanimously. As those of us bate again. We want to have the Amer- to reconsider the vote. who chair committees know, it isn’t ican public making as much money as Mr. LEVIN. Mr. President, I move to easy to obtain unanimous bipartisan possible. lay that motion on the table. support for legislation. Chairman WAR- I would rise in opposition to the The motion to lay on the table was NER and Ranking Member LEVIN amendment offered by Senator KEN- agreed to. worked hard to achieve this feat be- NEDY that would increase the Federal Mr. WARNER. Mr. President, I yield cause the subject of the bill is so criti- minimum wage to $7.25 over 26 months, the floor. cally important. Now I believe we owe which amounts to a 41-percent in- The PRESIDING OFFICER (Mr. MAR- it to them, as well as to our constitu- crease. My amendment would raise the TINEZ). The Senator from Wyoming. ents and every American, to give this minimum wage by $1.10 in two 55-cent Mr. ENZI. Mr. President, I ask unani- national security legislation swift con- steps over 18 months. But, more impor- mous consent that the pending amend- sideration so that it can become law. tant than the numbers, only my ment be set aside and this amendment The amendment offered by Senator amendment recognizes the enormous be sent to the desk. KENNEDY has the opposite effect. It will burdens a mandate such as this would The PRESIDING OFFICER. Is there slow this bill down because it is an en- place on the backs of America’s small objection? tirely different subject than the under- businesses. Mr. LEVIN. Mr. President, reserving lying bill. It will take up valuable de- The Senator from Massachusetts has the right to object, I am wondering bate time that should be spent on the previously referred to the economic ef- whether we have an order here where bill’s national security provisions. fect of the minimum wage proposal as we are alternating and, if so, what the Should it be adopted, the Kennedy a drop in the bucket in the national situation is. amendment would become a thorny payroll. Comments such as this are

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6124 CONGRESSIONAL RECORD — SENATE June 20, 2006 precisely why small business owners omy the way we think it will. The way workplace and the job market. Low across the Nation believe that Wash- that you do that is advancement on the wages may be the effect; low job skills ington, DC, politicians do not under- job and earned wage growth. Earned are the cause. Raising the minimum stand their needs. We must always bear wage growth cannot be legislated. We wage does absolutely nothing to en- in mind that these are the people who do a disservice to all concerned, most hance job skills for low-wage workers. create jobs that provide an increasing especially the chronic low-wage work- In fact, to the extent it makes entry percentage of employment for all er, to suggest that a Federal wage into the workforce more difficult, and workers, including those entering the mandate is the answer. increases low-skilled unemployment, workforce for the first time and those What we need to focus on is not an as a minimum wage hike without eco- who most need to acquire job skills. artificially imposed number but the ac- nomic relief for small business will un- Those businesses train people with no quisition and improvement of job and questionably do, it will have precisely skills. We are not talking minimum job-related skills. In this context we the opposite effect. wage; we are talking minimum skills. should recognize that only 68 percent If we are able to approach this debate And a lot of the small businesses that of the students entering the ninth in a candid and constructive way, we employ people at a minimum wage hire grade 4 years ago—68 percent of the need to acknowledge certain basic them at a minimum wage with no students entering the ninth grade 4 principles of economics. First of all, skills. As they get skills, which in years ago are expected to graduate this wages do not cause sales. Sales are many of those businesses occur in the year. Do you know what kind of a job needed to produce revenue. And wages first month they are hired, they go you get if you don’t graduate from high don’t cause revenue. Revenue drives above the minimum wage to other lev- school? Well, 68 percent of the kids who wages. els, and as quickly as they learn other entered 4 years ago—not all of them— Wages can cause productivity, but skills, they get paid more money or are going to graduate. For minority the productivity has to come first to be they go elsewhere, which is another op- students this number hovers around 50 able to afford the wages. Wages have to tion. percent. In addition, we continue to ex- be paid for. It is particularly offensive to those perience a dropout rate of 11 percent a Skills, however, operate differently employers doing that training to sug- year. These noncompletion and dropout than wages do. Skills do create sales. gest that a 41-percent increase in their rates and the poor earning capacity Sales do produce revenue. Skills do labor costs amounts to a drop in the that comes with them cannot be fixed create productivity. And here is the bucket. A 41-percent increase in labor by a Federal minimum wage policy. most important part—skills get com- costs forces a small businessperson to I was in a retail store the other day. pensated with higher wages or else the face difficult choices such as whether I noticed some of the skills have dete- employee goes somewhere else to get to increase prices, which they usually riorated to the point where the person true higher wages to compensate for can’t do or face a potential loss of cus- at the cash register can’t figure out the their increased skills. There is a rela- tomers because they raise the price, or dollars themselves. I remember when tionship between skill and how much whether to reduce spending on health cash registers in stores didn’t tell you you make. Dropouts will not make as insurance coverage or other benefits how much change you had to give the much as college graduates. Dropouts for their employees or, the worst of all person. You had to figure it out, and will not make as much as someone who possibilities, to terminate employees. kids and adults did that. But there are has been to a technical school. Drop- These choices are far more significant errors with that, so modern machines outs will have minimum skills. than a drop in the bucket. took up the disadvantage that was Some people who finish school have Apart from its failure to mitigate the caused by that and we now have cash minimum skills. I know my dad, once, cost of this mandate for small busi- registers that figure the change for when he was interviewing a person, nesses, Senator KENNEDY’s amendment you. said the person told him he had 5 years’ also fails to address the root of the But watch out if you ever change the experience. My dad, after questioning problem for our lowest paid workers. way you give them the money after him, said: Unfortunately, he had 1 Congress, by simply imposing an artifi- they figured it on the computer cash month of experience 60 times. cial wage increase, will not meaning- register. Wage increases without increased fully address the real issue of the low- Have you ever had a bill for $10.81 sales or higher productivity, which are est paid workers. Regardless of the size and you gave the clerk $11 and then a result of more skills, have to be paid of any wage increase Congress might you gave them a penny? That is no for with higher prices. Higher prices impose, the reality is that yesterday’s skills, if they can’t figure out they owe wipe out wage increases. Better skills, lowest paid worker, assuming he or she you the 20 cents. No skills. That is not artificial wage increases, produce still has any job, will continue to be to- what the retailers out there are train- true net gains in income. morrow’s lowest paid worker as well. ing people on—basic, rudimentary We also need to focus on the goal There is a spiral effect to these in- things for having a job. We don’t fix that the minimum wage should be for creases when we do them because ev- those by legislating. all workers and what it is for most, erybody all up the chain has to have an If we are going to meaningfully ad- which is a starting point in an individ- increase to stay ahead of those with no dress the issue of low-wage workers we ual’s lifelong working career if they skills. There are even union agree- have to acknowledge that you do not are not skilled. ments that are tied to raises in the do that by simply passing a wage law. Let me say that again. We need to minimum wage, which is probably a If that were the case, we could pass a focus on the goal that minimum wage bigger reason we debate the minimum law that made the minimum wage $20 should be for workers who need a start- wage on such a frequent basis around or $50 or $100 an hour. It is just not ing point in an individual’s lifelong here. that simple. In my own State of Wyo- working career because they are not But if everybody gets a raise, some- ming, Governor Freudenthal, a Demo- skilled. If viewed as a starting point, it thing has to happen to cover the cost crat, this year, in speaking about legis- is clear the focus needs to be far less on of that raise. As I mentioned, you ei- lation to raise the minimum wage from where an individual begins in his or her ther eliminate employees so that you the current $5.15, noted that the real work career and far more on how an in- are increasing productivity to handle question is how do you enable a worker dividual can progress—get jobs that the same thing or you are raising the to become more qualified and thereby have the potential for increase, get price. If you raise the price, you create able to earn a higher wage? He noted: jobs that teach skills. They are avail- inflation. If you create inflation, what How do you make the individual more val- able. they were able to buy for minimum uable in the marketplace and demand a high- I always have to mention this. Right wage today they can’t afford for tomor- er wage? It’s not simply how do you pass a now in Wyoming, which is the least row’s minimum wage because the price law. populated State in the Nation, we have went up. So a false economy of just de- As I mentioned, the Governor of Wy- a huge shortage of workers. There is a manding by Congress that everybody oming is a Democrat, one who under- huge shortage of workers. Are these do this really doesn’t affect the econ- stands the reality of this issue in the good jobs? Yes, they are good jobs.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6125 They are in the coal mines. We ship a We have to equip our workers with want to change and improve the lives third of the Nation’s coal out of my the skills they need to compete in a of our lowest paid workers, we must county. It is clean coal and it is open- technology-driven global economy. It pass the Workforce Investment Act. pit mining. We use huge trucks. You is estimated that 60 percent of tomor- Let’s be clear about what a minimum could only fit two trucks in this whole row’s jobs will require skills that only wage hike will and will not do. First, room and that would be a pretty tight 20 percent of today’s workers possess. we must realize that large increases in squeeze. The top of it would probably It is also estimated that graduating the minimum wage will hurt low-in- touch the top of the roof. They are big students will likely change careers 14 come, low-skilled individuals. Man- trucks. We are having trouble getting times in their lives. You didn’t hear me dated hikes in the minimum wage do drivers for the trucks. say change jobs 14 times in their lives. not cure poverty, and they clearly do The only requirement for being a That is easy. I said change careers 14 not create jobs. The Congressional driver on one of these trucks is to be times in their lives. Budget Office has said: able to drive and have a clean drug Here is the important part of that Most economists would agree that an in- record—be able to pass a drug test. statistic. The world is changing so fast crease in the minimum wage rate would When you drive one of these trucks, that 10 of those jobs don’t even exist cause firms to employ fewer low-wage work- once you get up to elevation and get in today. They are going to have 14 career ers or employ them for fewer hours. the driver’s chair, there are changes, 10 of which are for jobs that That is a CBO estimate from October antivibration seats, power steering, don’t even exist today. We have to do a 18, 1999. air-conditioned cabs. That great big ve- better job of educating and training What every student who has ever hicle is easy to drive. our youth to be able to take the kind taken an economics course knows is What do you get paid for driving it? of jobs we are going to have. that if you increase the cost of some- We need a system in place that can The starting salary is about $60,000, thing—in this case a minimum wage support a lifetime of education, train- and they train you, provided you have job—you decrease the demand for those ing, and retraining of our workers. The this clean drug record—$60,000 a year. jobs. Misleading political rhetoric can- end result will be the attainment of We are having trouble getting people to not change the basic principle of sup- skills that will provide meaningful come to Wyoming to work for $60,000 a ply and demand. The majority of wage growth. As legislators, our efforts year. So it isn’t always minimum wage economists continue to affirm the job- are better focused on ensuring that the that drives these things. Skills are im- killing nature of the mandated wage tools and opportunities for training portant, but you can even get the skills increases. A recent poll concluded that and enhancing skills over a worker’s if you look for the jobs that pay well. 77 percent or nearly 17,000 economists They may be nontraditional jobs. We lifetime are available and fully uti- believe that a minimum wage hike have a lot of women who are driving lized—more available and fully utilized causes job loss. coal haul trucks. They can do it very than we are in imposing an artificial It is kind of a spiral that we get into. capably and probably with fewer acci- wage increase that fails to address the dents than the men. real issues and in the process does We simply cannot assume that a The truth is, real wage growth hap- more harm than good. Skills and expe- business that employs 50 minimum pens every day. It is not the function of rience, not an artificial wage hike, will wage workers before the wage increase Government to mandate it. It is the di- lead to lasting wage security for Amer- is enacted will still employ 50 min- rect result of an individual becoming ican workers. imum wage workers, whether the busi- more skilled and therefore more valu- As chairman of the Health, Edu- ness is in Washington, Wyoming, or able to his or her employer. As a cation, Labor and Pensions Committee, Massachusetts. Employers can’t absorb former small business owner, I know one of my priorities is reauthorizing an increase in their cost without a cor- these entry-level jobs are a gateway to and improving the Nation’s job train- responding decrease in the number of the workforce and an opportunity for ing system that was created by the jobs or benefits they can provide work- workers to begin to acquire the skills Workforce Investment Act. This law ers. We know there are losers when we and experience they need. These entry- would help provide American workers raise the minimum wage. But who are level jobs can open the door for better with the skills they will need, new the individuals who will benefit? jobs and better lives for low-skilled skills to compete in a global economy. Minimum wage earners who support workers—if we give them the tools Those are ones that will lead to real, a family solely based on the wage are they need to succeed. not artificial wage increases. actually pretty few and far between. We have a great example in Chey- Last Congress—this is 3 years ago—I Fully 85 percent of the minimum wage enne, WY. Workers entering the job was denied the appointment of a con- earners live with their parents, have a market were given the tools and the ference committee to resolve the dif- working spouse, or are living alone opportunity to reach the American ferences with the House on this impor- without children. dream. We have a man there named Mr. tant bill by some of the very people Of the minimum wage earners, 41 per- Jack Preiss, and he is the owner of who are proposing this minimum wage cent live with a parent or relative, 23 eight McDonald’s in Wyoming. We increase. This Congress, this important percent are single or the sole bread- often talk about McDonald’s and min- bill has faced the same obstruction. In winner of the household with no chil- imum wage. November of last year we reported this dren, and 21 percent live with another I want to tell you he has had three legislation out of the HELP Committee wage earner. employees who started working at by unanimous voice vote. Yet it con- All are low-skilled workers or McDonald’s at minimum wage who now tinues to languish, unavailable for de- brandnew employees. In a shoe store own a total of 20 McDonald’s res- bate on the floor of this Congress, with you might have the lowest-skilled peo- taurants. They own them. This type of no progress being made and little hope ple unpacking the shoes. By the time wage progression and success should be for action in this Congress if such ob- they can check inventory and correctly the norm for workers across the coun- struction continues. This bill would put it on the shelf so they can find the try. However, there are a small per- train an estimated 900,000 people a year size when the customers come in, they centage of workers who have not ac- to higher skilled jobs—900,000 people a get a raise. If they can actually wait on quired the necessary work-based skills year could be on a better career path, a customer—that is kind of the goal in and for whom stagnation at the lower could have more skills. That would be most businesses, to be able to wait on tier wage is a longer term proposition. a real improvement for chronic low- a customer—that is another level of The answer for these workers, however, wage workers. wage increase. The better they do wait- is not to simply raise the lower wage It makes little sense to me that some ing on customers—which is the impor- rung. Rather, these individuals have to of the same people who denied the op- tant part in the business—the more acquire the training, experience, and portunity in the last Congress to enact they get paid. skills that will lead to meaningful and real improvement now think a redeter- Research shows that the poor tar- lasting wage growth. Our policies mination of the lowest wage will magi- geting and other unintended con- ought to be directed at that end. cally change everyone’s life. If we truly sequences of the minimum wage make

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6126 CONGRESSIONAL RECORD — SENATE June 20, 2006 it a terribly ineffective approach to re- wage rate has been hiked, the economy unintentional mistake. Even the best ducing poverty in America—the in- has undergone a dramatic change, and intentioned employer can get caught in tended purpose of the policy. In fact, the way work is done in this country the myriad of burdensome paperwork two Stanford University economists has changed forever. requirements imposed on them by the concluded that a minimum wage in- The pending amendment raises that Federal Government. And I will even crease is paid for by higher prices that threshold for small business determina- go so far as to say a lot of times the pa- hurt poor families the most. tion to $1 million to reflect these perwork isn’t clear, because I have A 2001 study conducted by Stanford changes. filled out a lot of those documents. University economists found that only My amendment also incorporates bi- To comply with the Paperwork Re- one in four of the poorest 20 percent of partisan technical corrections that duction Act, sometimes we use some- families would benefit from an increase were originally proposed in 1990 by thing for insurance that deals with in the minimum wage. The way to then Small Business Committee Chair- health, and the questions can’t be the truly improve the wages and salaries of man Dale Bumpers, Democrat from Ar- same. these American workers is through kansas, and cosponsored over the years So there are a lot of possibilities un- education and training—not an artifi- by Senator REID, now the Democratic less you follow the manual very close- cial wage increase. leader, Senator HARKIN, Senator ly. And small businesses don’t have With these realities in mind, I will PRYOR, Senator MIKULSKI, Senator time to do that because they are trying offer an amendment, unless Senator BAUCUS, Senator KOHL, and others. to make a living for themselves and KENNEDY wishes to withdraw his Those Senators can attest to the De- their employees. amendment. We can go on with the De- partment of Labor’s disregard of the There are a lot of opportunities out fense debate. There must be serious will of Congress and interpreted the ex- there which the Federal Government discussion on that possibility. So I will isting small business threshold to have gives them to make paperwork mis- allow that to go on and make a few little or no meaning. The Labor De- takes that really don’t affect anybody. more comments. partment would make a Federal case But if we have enough people working But I am considering offering an out of the most trivial paperwork in- in the Federal bureaucracy to check amendment that recognizes the true fraction by the smallest small business and see if all the t’s are crossed and all cost of the minimum wage increase on because of what it interpreted as a the i’s are dotted, we can find some American workers and businesses, and loophole in the law. mistakes, particularly if that person particularly small businesses. Some would say that the 1989 bill to only has to concentrate on one docu- My amendment includes a minimum hike the minimum wage and the small ment. The small business owner has wage increase of $1.10, and it also ad- business threshold was inartfully draft- dozens that he has to comply with. The owners of small businesses are dresses other needs for reform and the ed and permitted this result. Others not asking to be excused from any obli- needs of small businesses that create say the Department is misreading the gations or regulations, but they feel the most jobs in this country. There- clear language of the statute. they deserve a break if they previously fore, my amendment is protective of Regardless, the fact is that a thresh- complied perfectly with the law. Small economic growth and job creation. old enacted by Congress is not pro- Let me turn to a brief review of the viding the balance and fairness that business men and women who are first- provisions that would be contained in was intended. This amendment cor- time violators of paperwork reduction my amendment. In doing so, we must rects the problem by stating clearly deserve some protection. The third part of the bill would pro- bear in mind that small businesses con- that the wage and overtime provisions vide regulatory relief for small busi- tinue to be the engine that drives our of the Fair Labor Standards Act apply nesses. economy and the greatest single source to employees working for enterprises As any increase in the minimum of job creation. Any wage increase im- engaged in commerce or engaged in the wage places burdens on small employ- posed on small businesses poses dif- production of goods for commerce. My ers, it is only fair to simultaneously ficulties for that business owner and, amendment also applies those wage address the ongoing problem of agen- more importantly, for his or her em- and hour worker safeguards to home- cies not fully complying with the con- ployees. work situations. gressional directive contained in the My amendment recognizes this re- Second, ensuring procedural fairness Small Business Regulatory Enforce- ality and provides a necessary measure for small business: This next provision ment Act. of relief for these small business em- is just common sense and good govern- That is a mouthful. ployers. ment legislation. Under the law, agencies are required My amendment would make the fol- Surely, we can all agree that small to publish small entity compliance lowing changes that are critical, par- business owners—the individuals who guidelines for those rules that require ticularly for small business. The first do the most to drive our economy for- a regulatory flexibility analysis. Unfor- one is updating the small business ex- ward—deserve a break the first time tunately, agencies have either ignored emption. they make an honest paperwork mis- this requirement or when they tried to Having owned a small business in take when no one is hurt and the mis- comply have not done so fully or care- Wyoming, I can speak from personal take was corrected. fully. experience about how difficult any Let me say that again. My amendment does this by includ- minimum wage increase is for small Surely, we can all agree that small ing specific provisions that the Govern- businesses at the low end of the scale business owners— the individuals who ment Accountability Office has sug- level and job growth. do the most to drive our economy for- gested to improve the clarity of the re- Small businesses generate 70 percent ward—deserve a break the first time quirement. of new jobs. Since the negative impact they make an honest paperwork mis- The fourth thing it would do is re- of a minimum wage increase will affect take where no one is hurt and the mis- move the barriers to flexible time ar- small businesses most directly, we take is corrected. rangements. have proposed addressing the small Small business owners told me over My amendment includes legislation business threshold which is set under and over again how hard they try to that could have a monumental impact current law at $.5 million. If the origi- comply with all the rules and regula- on the lives of thousands of working nal small business threshold enacted in tions imposed on them, mostly by the men and women and families in Amer- the 1960s—that is when we came up Federal Government. As a former ica. with this arbitrary number, in the owner of small business myself, I know This legislation would give employ- 1960s—if it were to be adjusted for in- what they mean. Yes, for all that work, ees greater flexibility in meeting and flation, it would amount to over $.5 a government inspector can fine a balancing the demands of their work million. small business owner for paperwork and family. The small business threshold was last violations alone, even if the business We came up with an idea like this, adjusted 15 years ago. In those ensuing has a completely spotless record and and it is real important to pay atten- years since the national minimum the employer immediately corrects the tion to it. We stole it from the Federal

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6127 Government. The Federal Government Whatever we do, remember that I could not agree more with what imposes this on agencies. The Federal part—only asking for private business President Clinton said when he did his Government says you are going to give what we give to government employ- Executive order. I am saying now we the employees flexibility. ees. Let me give some of the latest sta- need to extend this same privilege to The first time I ever heard of this tistics: 70 percent of employees do not the private sector workers. It would was in Wyoming. Some people in Wyo- think there is a healthy balance be- allow employees to better balance ming are married to people that work tween their work and their personal their work and family responsibilities, for the government, probably not near- life; 70 percent of employees say family it can increase employee effectiveness ly as strange as out here. Out here, I is their most important priority. and job satisfaction, while decreasing think a lot of people who work in gov- The family time provision in my turnover rates and absenteeism. That ernment are married to people who amendment addresses these concerns was President Clinton talking about work in government. But out there, a head on. It gives employees the option this kind of provision for the public lot of people who are working in gov- of flexing their schedule over a 2-week sector. I am saying, if it is that great, ernment are married to people who period. In other words, employees we ought to do it for the private sector, aren’t working in government. would have 10 flexible hours they can too. We give this benefit to government work in 1 week in order to have 10 We know this legislation is not a employees—being able to have a little hours off in the next week. total solution. We know there are flex in their time. But we prohibit it in Flexible work arrangements have many other provisions under the 65- the private sector. We say you cannot been available in the Federal Govern- year-old Fair Labor Standards Act that do this even though we let the govern- ment for over two decades. Have we need our attention, but the flexible ment folks do this. There, it would be had any arguments about them? No, time provision is an important part of a bad idea for your employees. We they have been a great idea. They have the solution. It gives employees a don’t want you to have any flexibility. been accepted and desired and used. choice, the same choice Federal work- We know both the Federal employee But don’t let the private sector have ers have. and the private employee would like to that. Because it works in one place The fifth part of this would extend watch their kids play soccer. The pri- doesn’t mean it might work in another the restaurant employee tip credit. A vate employee better have his soccer place. Let’s continue to discriminate major employer of entry-level workers schedule done so he doesn’t need any against private business. That is what is the fast food service industry. An- flextime. But the government worker we are saying when we do not allow the other part of it is the regular food serv- ought to be able to take it whenever flextime. ice industry. The regular food service they feel like it and trade it around. This program has been so successful industry relies on what is known as the We give the Federal Government the that in 1994 President Clinton issued an tip credit, which allows an employer to kind of flex I am talking about in this Executive order extending it to parts of apply a portion of an employee’s tip in- bill. Particularly in a family where the the Federal Government that had not come against the employer’s obligation private employee is married to a gov- yet benefited from the program. Presi- to pay the minimum wage. ernment employee, they do not under- dent Clinton said: Currently, Federal law requires a stand why they cannot have the same [The] broad use of flexible arrangements to cash wage of at least $2.13 an hour for right as the government employee. enable Federal employees to better balance tipped employees and allows an em- They can bank a few hours and have a their work and family responsibilities can ployer to take a tip credit of up to $3.02 little longer weekend the next week- increase employee effectiveness and job sat- of the current minimum wage. To pro- end, all in the same pay period. Their isfaction while decreasing turnover rates and tect tipped employees, current law pro- spouse can do it. They can have a little absenteeism. vides that a tip credit cannot reduce an longer weekend. They can go use the It would allow the Federal employees employee’s wages below the required boat over the longer weekend, but for to better balance their work and fam- minimum wage. Employees report tips the one that works for private industry ily responsibilities—that sounds good to their employers, ensuring an ade- it would be illegal. You cannot do that. to me—and it can increase employee Just try and explain that to a family. effectiveness and job satisfaction while quate amount of tips are earned. Seven states—Alaska, California, That is how I first found out about this decreasing turnover rates and absen- problem. I had a mother who wanted to teeism. That sounds pretty good, too. Minnesota, Montana, Nevada, Oregon, be able to do the same thing as her Let’s see now. We tried it for over and Washington—do not allow a tip husband. Her husband worked for the two decades and decided to extend it to credit; however, requiring raises for all State government. He could do it. He all Federal Government, so it has to be hourly employees when States increase could bank hours. But if it is a private a good idea. Would we pass on a bad the minimum wage. The lack of a tip sector, no, that would be stealing over- idea to the Federal Government? credit requires these employers to give time from people. Why would it be Would they stand for it if we did? No. raises to their most highly com- stealing overtime in the private sector So why can’t we give it to the private pensated employees, the tipped staff. If when it is not stealing overtime in the sector? Why do we say: Private sector, you are working in a nice restaurant, government sector? I don’t understand you are just not as good as Government the tips will be more than the salary. that. employees. You do not deserve the Nontipped employees in these busi- You will hear more, if we debate same breaks we give Government em- nesses are negatively impacted by the these things, and if we decide we are ployees. mandated flow of scarce labor dollars going to impose it on the Department As I mentioned, this will be the bulk to the tipped position. In addition, em- of Defense and the Department of En- of the debate on this particular issue, ployers are put at a competitive dis- ergy authorization. If we decide we are the flextime part. It could have been a advantage with the colleagues in the going to impose that, comments will be lot more inclusive. Actually, the Fed- rest of the country who can allocate on this flextime provision. Most of it eral Government gets to do more than employee compensation in a more equi- will be on this because it is kind of a what I have stated, but we are defi- table manner. red herring that you can throw up and nitely not going to allow that. We are My amendment expands the tip cred- say, We do not trust business. Yes, we putting this down to a very small min- it to nontip credit States, consistent trust government but we don’t trust imum to see if we can get any move- with the initial establishment of the business. You will hear that as the ment on it at all. credit under the Fair Labor Standards main part of this debate. As I said, we have voted on this be- Act, anticipating the increase in min- That is why I have spent a little time fore, and the answer is, Heck, no, we imum wage. concentrating on it here. will not give the private sector that The sixth provision is small business This legislation would give employ- kind of a privilege. We don’t care what tax relief. If we are going to impose ees in the private sector flexibility like the Federal Government gets to do, greater burdens on small business, we in the government sector in meeting you can’t treat the private sector de- should give them some tax relief at the and balancing the demands of work and cently. No, they didn’t say that, I said same time. My amendment extends family. that. small business expensing by 1 year.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6128 CONGRESSIONAL RECORD — SENATE June 20, 2006 Simplify cash accounting methods. I centive to learn to improve their skills creased the minimum wage in the last am the only accountant in the Senate, and we don’t impose false security of 9 years and we have taken the time to so I probably ought to explain what mandated higher wages that drive a see six pay increases for the Senate? cash accounting is. That could be a spiral upward and eliminate jobs. They are saying: Why aren’t you pro- huge debate all by itself. It means that Elimination of jobs is not the answer. viding that increase for the minimum the business can actually use the dol- Training people to higher skills so they wage for these workers? That is what lars coming in as part of the account- can demand more money or go to work we are talking about. ing as opposed to anticipated dollars somewhere else is the answer. Can anyone imagine that? We are that would be coming in. It works off If we are going to have this debate on going to get another pay COLA in- the actual cash flow rather than some the Department of Defense bill, I would crease next week. We have increased of the accrual methods that we use. I be happy to submit my amendment to our own salaries $30,000 over the period will not go into that. Accounting is im- have it voted on, along with Senator of the last 9 years. And how much have portant, but it often puts people to KENNEDY’s amendment. We have done we given to an increase in the min- sleep. It would simplify cash account- that before. We know what the results imum wage? Zero. ing methods and provide restaurant de- will be, I suspect. Both of them will be We have, I daresay, men and women who are serving in Iraq whose parents preciation relief. subject to a point of order. We usually All of these tax provisions are fully agree not to go for the point of order are probably earning the minimum wage. We are talking about getting an offset in the bill. That means they are but just order the vote and have the 60- increase to $7.25 an hour. paid for. That means there is some way vote threshold we have always had. We This issue never used to be a partisan of covering the cost of them so that it would be willing to do that, but a more issue. I regret it has turned out to be a isn’t the general budget. appropriate time to debate this would partisan issue. We have been unable to In total, the additional provisions in be another time on another bill. get our Republican friends to give us my amendment are intended to miti- I yield the floor. an opportunity to vote on an increase The PRESIDING OFFICER. The Sen- gate the small business impact of a in the minimum wage. We are caught $1.10 increase in the minimum wage so ator from Massachusetts. in this situation because we cannot get Mr. KENNEDY. Mr. President, the people can keep their jobs. I share the an up-or-down vote on the increase in issue we are talking about, my good view of many of my colleagues that if the minimum wage. we are going to impose such a mandate friend and the chairman of the Com- Since the time of the initiation of on the Federal level, we must do our mittee on Human Resources is talking the minimum wage, going back to best to soften the blow. This may be about, and that I have talked about Franklin Roosevelt, Harry Truman, the best we can do today, but I entreat earlier, is whether we were going to Dwight Eisenhower, Republican, all all of my colleagues to look at the true have an opportunity in the Senate to had an increase in the minimum wage. root of the problem for minimum wage take a few minutes to consider an in- Richard Nixon, an increase in the min- workers. That is the acquisition of job- crease in the minimum wage for the imum wage. George Bush, an increase based skills: more skills, more money. lowest paid workers in America. I had in the minimum wage. But we do not We all share the same goals, which is offered that as an amendment on the have anything after Bill Clinton and to help American workers find and Defense authorization bill. the increase in the minimum wage. keep good-paying jobs and to keep the One might ask: Why are we doing Nine years is the longest period in his- best paying jobs in this country. Real this on the Defense authorization bill? tory for no increase of the minimum job skills, not artificial wage levels, The answer to that is we would not wage. If the Senator would let us have should be our focus. Education, train- have another opportunity to do it on an up-or-down vote, we will take a very ing, and job experience are the solution any other bill until the recessing of the short time period. We are interested in for low-wage workers. We have to pass Senate. taking a short time. We only received the Workforce Investment Act that In my opening remarks when I of- the Republican alternative about an will train those 900,000 people a year to fered that amendment, I indicated to hour and a half ago. We still don’t higher skill jobs. the chairman of the Committee on know what the scoring is on it. The ini- In terms of education and training, Armed Services that we would be glad tial statement we have heard is that it we need to move forward on that kind to work out a time for consideration is pretty much the same as it was a of meaningful legislation that will lead that would not interfere with the gen- year ago, and that basically cuts over- to increased wages and better jobs that eral debate and discussion of the issues time pay. It also undermines the we all want for our Nation’s workers. on the Defense authorization bill, but States’ opportunities to deal with prob- In terms of job experience, we must we have been unable to get that at this lems on the tip credit. It also elimi- always remember that businesses, par- particular time. Therefore, we are nates worker protections under the ticularly small businesses, create the talking about this issue at this time. Fair Labor Standards Act. That is a jobs and provide the gateway to the The Senator from Wyoming asked fine option that is going to be out. working world for the vast majority of why is this relevant to the Defense au- That is what we have gotten in the last low-wage workers. thorization. I think the answer is rath- hour or so. If we do not balance a minimum wage er compelling. That is, when we think If I had the attention of my friend increase with economic relief for the of why the service men and women are from Wyoming, the managers of the small businesses, we will stifle job cre- fighting in Iraq and Afghanistan, and bill are here, I would ask unanimous ation and shut the employment door on around the world, they are fighting for consent that upon completion of the the very individuals we are trying to American values, American principles. Defense bill, the Senate turn to the help. Part of American values and principles minimum wage bill, the text of which I urge my colleagues to oppose the is economic fairness, not the exploi- is my amendment, that the Enzi amendment offered by Senator KEN- tation of poor workers in the United amendment be in order, that there be 4 NEDY and, if we continue to have the States of America. That is why it is hours of debate equally divided, and debate and I submit my amendment, to relevant. then we would go to a vote. support my amendment. Both raise the We are talking about the ideals and Mr. WARNER. Mr. President, I would minimum wage. One covers the cost of the values of the United States of have to object. the minimum wage so that it would America. We are talking about family Mr. KENNEDY. I have heard the ob- not drive down the number of people values. We are talking about what peo- jection. We have had complaints about employed in this country. ple at the lowest rung of the economic my offering the minimum wage amend- We have been trying to increase em- ladder are going to get paid. ment on this legislation. Then what do ployment. We want those people start- I bet some of these individuals who we do? We say: OK, let’s let this go ing with minimum skills to work their will be affected by the minimum wage through. But just give us an oppor- way up the ladder to owning the busi- are over in Iraq now fighting. They are tunity to consider an increase in the ness. That can happen in America. wondering, why in the world are we minimum wage on the floor of the Sen- That can happen if we give them an in- taking up time when we have not in- ate with a very short time limitation.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6129 And we can’t get agreement on that. The States now, for example, can have tax provisions that are going to evi- There you go. That is what this is all a higher minimum wage than we have. dently be called incentives on the one about. We haven’t preempted the States be- hand but to others they are going to in- I must say the idea that this isn’t ap- cause it has always been a flooring. crease the deficit on the other hand. I propriate, if we could have gotten an Some States believe that those who de- am not exactly sure what those are. option to go ahead and have the indi- pend on tips ought to be given a some- Then we are not only being questioned vidual bill for an increase in the min- what additional break. We are talking about that, but we also know that we imum wage, have an opportunity to about people who make $5.15 an hour, have in that proposal a cut of overtime vote on both the Senator’s amendment maybe make $6 or $7 in tips, and you pay and the ending of Federal Labor and our amendment, let’s have that are trying to nickel-and-dime them on Standards Act coverage for 10 million and let’s go back to the good old days that with the Enzi amendment, pre- workers and basically a preemption of where a majority would carry. That is empt the States. States that want to treat the tip credit fine with me. That would be fine with I hope my colleagues have a chance in the way that they want, which is me. I will just take a half an hour on to read through this overnight because quite a proposal. I would hope that we our side. Surely, the Senate can find we are preempting the States that have would have a chance, which I expect we time to give a half an hour to the issue reached a different conclusion with re- will, to at least examine it over the of increasing the minimum wage for gard to tip credit. The Enzi amendment evening. workers. One half hour, let’s see where says that is going to be out. This chart says the $1.10 increase the Senate goes, whoever gets more That is quite a mouthful. People un- leaves 4.8 million workers behind, the than 50 votes. That used to be the way derstand those issues pretty well. They difference between the Enzi proposal around here. But not now. We hear are very important. I don’t know and the way ours is drafted. complaining about bringing up the whether we have an answer. I will be I wanted to address a couple of the minimum wage on this bill, and they glad to hear it later on. Could the Sen- issues the Senator has pointed out with still are going to have to get 60 votes ator give me what the budget cost for regard to small business. This chart on it because there will be a point of his amendment would be? shows results of a Gallup Poll of May order raised against this on the budget. Mr. ENZI. I would like to be able to 2006: 86 percent of small business own- We have heard a great deal before, at do that. I don’t have the numbers that ers say the minimum wage does not af- the time when my good friend was I need to have. I appreciate the ques- fect their business. The question was: talking about his health care bill about tion, but I can’t give you an answer How does the minimum wage affect wanting to have a debate on his health yet. your business? Eighty-six percent said care bill. Remember that? It wasn’t all Mr. KENNEDY. Well, I imagine we no effect; 8 percent, negative effect; that long ago. Let’s have a good up-or- will get them later in the afternoon or positive effect, 5 percent; no opinion, down debate. Let’s have a vote. What is get them on tomorrow. Could the Sen- the rest. it, denying the opportunity for people ator indicate when we might anticipate So it is kind of interesting, we have to have this debate? those? The reason this is important is sort of gone beyond this point in terms Well, we would be more than glad to because we are talking about 50 pages of where the small business community have this legislation. You can have on of tax issues in the Enzi amendment. is. They have a pretty good under- your side a half an hour. We will take Therefore, there is a cost to it. It does standing of what happens. What we a half an hour. Let the chips fall where seem to me that prior to the time that have found out with the increase, for they may. If the leader wants to come we have a vote, we ought to know what example, on the living wage, you take out and make that, we have offered those particular costs are. We have on the most dramatic example is the similar to that. There has been objec- the one hand the issues that are di- neighboring city of Baltimore. When tion to it, but it is a reflection of our rectly related to the minimum wage, they increased it to a living wage, what good faith. and then we have the costs in terms of happened? First of all, they had less From an early reading of the amend- an addition to the deficit. turnover. It was less costly on the city ment of the Senator from Wyoming, I don’t know whether the Senator in terms of training new workers. they would raise the minimum wage by could tell us that we are going to get it Secondly, they increased their pro- $1.10. Would the Senator tell me what later this evening. If you can give us ductivity. They got less individuals the cost of the Enzi amendment is? the assurance, if you think we will who stayed home on sick leave because What is the cost? Do we have a budget have it this evening, that is fine; other- people began to take a greater pride in point of order? wise, whatever help the Senator could their work. Why? Because they were Could I address the Senator from Wy- provide, I would be grateful. being treated with greater respect. And oming? If he could tell me what the Mr. ENZI. In answer to the question, finally, the overall cost of the program, budget cost of his amendment would Mr. President, I can’t tell how long it even though they increased it to about be? While he is doing so, I will mention will take for the Joint Tax Committee $11.50—I am not sure, I think it is even a couple of other points. to have the new numbers. But I can tell above that; they were one of the first His amendment would raise the min- you, I didn’t know that the Senator with a living wage—they found out imum wage by $1.10 instead of by $2.10, was going to offer his amendment until that the workers were working harder, which our bill does. It cuts overtime, yesterday. The estimated revenue ef- took greater pride in their work, and and it also reduces benefits so only 1.8 fects that we have are from the one there was greater productivity, a million workers would be covered. That that we did and voted on last year greater increase in morale, and their is 4.8 million fewer than my amend- which shows over a 10-year period that overall costs have actually gone down. ment. Theirs is $1.10 an hour instead of all costs are covered with a slight sur- States with higher minimum wages $2.10, and there are 4.8 million fewer plus. create more small businesses. I was lis- than my amendment. Then it also cuts Mr. KENNEDY. I am not sure that I tening to the Senator talk about the overtime pay. It ends Federal labor completely understood the Senator’s burden on small businesses. I just standards coverage for over 10 million response in terms of the cost. What is showed a recent Gallup Poll of small workers. By raising the gross income of the cost of the first, second, third, businesses which was in May of this the companies that will be covered, fourth, or fifth year? We will try and year. Here are the 10 States plus DC they will eliminate 10 million workers. get that, if we could. with minimum wages higher than $5.15, They will be eliminated from any kind I point out to my colleagues, the and overall growth of small business is of minimum wage or fair labor stand- amendment I offer is 21⁄2 pages. The 5.4 percent. Forty States have a min- ards protections. Enzi amendment is 711⁄2 pages, 50 of imum wage of $5.15, and there is 4.2 Then it basically overturns State ac- which are tax provisions. It does seem percent growth. The States with the tions that are dealing with what they to me if we were debating, look, ours is higher increase in the minimum wage call the wage tip credit which States $2.10, yours is $1.10, let’s go at it. Let saw an increase in the total numbers. vary about how they do it. But the the Senate make a judgment. But it Study after study finds raising the Enzi amendment puts a cap on that. isn’t that. We have 50 pages in here of minimum wage does not cause job loss.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6130 CONGRESSIONAL RECORD — SENATE June 20, 2006 This is by David Card and Alan cleaning up the great buildings of No family can afford to live on those Krueger, from Princeton’s reanalysis of American commerce, and they work wages, especially not a family in a the effect of the New Jersey minimum hard and try to do a decent job. More high-cost State such as New Jersey. In wage increase on the fast food industry often than not they have two and New Jersey, which has the highest me- and representative payroll data, 1998. sometimes three other jobs. Primarily, dian income in the Nation and one of The increase in the minimum wage they are women. As I have pointed out, the highest average rent costs in the probably had no effect on total employ- it is a women’s issue. Primarily, those country, $5.15 an hour is simply not ment and possibly had a small positive women have children. It is a children enough to get by. People in New Jersey effect. Four different tests of the two and a women’s issue. It is a family know that. Leaders in New Jersey increases on employment impact fail issue. It is a family value issue and a know that, and that is why our State to find any systematic, significant job civil rights issue because so many of acted to increase the minimum wage to loss associated with the 1996–1997 in- the workers are men and women of $6.15 last October. Raising the min- creases, Economic Policy Institute. De- color. And fairness, fairness. You don’t imum wage to $7.25, as this bill would tailed studies of California’s last two have an economic argument against in- do, would benefit an estimated nearly decades, the State-increased minimum creasing it to $7.25, and you don’t have 200,000 New Jerseyans. wage legislation, consistently no em- an argument that is relevant to de- I am proud that New Jersey has been ployment for workers. cency and fairness in opposing this a leader for increasing the minimum This chart shows the increases in kind of increase. wage. I heard Senator KENNEDY’s ref- 1996. It is too bad we have to go back so Americans understand fairness, they erence to some studies about it. In far, but we haven’t had an increase in understand decency, and they under- fact, we are lifting people up in the the minimum wage. Here is the in- stand the importance of hard-working process. New Jersey’s move to be a crease in the minimum wage to $4.75. I Americans who are playing by the leader, rather than wait for the Federal think it was $3.45 prior to that time. rules. A job in America should get you Government to lead the way, is pro- We went to $4.75. This is total job out of poverty, not keep you in it. And viding a better standard of living for growth after we had the increase in the the alternative to our increase in the New Jerseyans. minimum wage. Then we increased to minimum wage will keep you in pov- We need leadership now in Wash- it $5.15. This is a chart that shows the erty. We can do better as a country, ington. While Congress refuses to act, total job growth in the United States and we will. millions of workers across the country during that period. This idea about the I see my friend from New Jersey who are being left behind. Nine years is far impact on jobs is interesting, but it has desires to address the Senate on the too long for those workers to wait. been refuted time and time again. minimum wage. I hope he will have an Nine years is too long for those who This chart shows that the last min- opportunity to do that for as long as he work around the clock, hoping to save imum wage increase did not increase likes. a little extra for groceries, so they can The PRESIDING OFFICER. The Sen- unemployment. These are the figures buy school supplies or clothes for their on unemployment. ator from New Jersey is recognized. Mr. MENENDEZ. Mr. President, I am children or for those who are saving so The last increase to $5.15 actually one day they can live in a place that proud to join Senator KENNEDY in his shows the unemployment going down call to increase the minimum wage to they are proud to call home. over the period of the years, from 1997 Mr. President, that is what this $7.25 and to cosponsor this amendment. until 2000. It doesn’t have the most re- amendment is about. It is about more In my mind, this amendment is not cent figures. But it is a pretty good in- just about wages, it is not just about than just wages. It is about providing a dication of what was happening during fairness; it is about dignity. Certainly, decent and fair standard of living for that time. So we find that the States there could not be any finer advocate those who share in the dream of Amer- which have a higher increase in the for our Nation’s workers than my col- ica, as every other worker in this coun- minimum wage are expanding in small league from Massachusetts, who has try. It is for those who work their business. Eighty-six percent of small pushed relentlessly to get this body to hearts out every day so that they may business, according to the Gallup poll, act and provide that opportunity for provide a better life for their families. said it doesn’t have any effect, in terms dignity and to provide a long, overdue It is so that children in this country of employment. The national review increase in the Federal minimum wage. never have to know what it feels like about what has happened the last two Yet despite his efforts, despite com- never to have enough. times we raised the minimum wage was ing to this floor time and time again to Increasing the minimum wage would that it had virtually no impact in call for a simple yet critical wage in- give more than 7 million children of terms of the employment issue. crease, this body has not heeded his minimum wage earners a chance for a Finally, inflation. That issue is al- calls. Despite the fact that some 7 mil- better life. ways another canard that is pointed lion American workers are struggling As the son of poor immigrants, hard- out. They say if you raise the min- to keep their heads above water, this working parents who worked day in imum wage, we are going to cause in- body has chosen inaction. and day out as a carpenter and a seam- flation. Look at what we are doing, Mr. That is a disgrace. stress in a factory, I knew what it was President. Increasing the minimum I think it is shameful that Members not to have enough. My parents didn’t wage to $7.25 is vital to these workers, of this body have walked away time have time to fight for better wages. but it is a drop in the bucket to the na- and again when given the chance to They were working hard to achieve the tional payroll. All Americans combined provide hard-working Americans with American dream. Similar to so many earned $5.4 trillion a year. A minimum what is at the core of the work ethic before them, my parents saw hard work wage increase to $7.25 would be less we hold as a Nation—fair pay for a as a path to a better life for themselves than one-fifth of 1 percent of the na- hard day’s work. and their children. That continues to tional payroll. There it is. No inflation, We are not talking about a giveaway be the story for so many hard-working no adverse impact on unemployment. or a free ride; we are simply talking Americans. Small business feels that it doesn’t im- about a fair and decent wage that en- But unless wages rise to keep up with pact or affect them. The studies show sures those working their hardest the rising costs, to meet the realities that small businesses have grown in make enough to get by. To be honest, facing working families, that dream States where they have had an increase workers making the Federal minimum will be out of reach for millions of min- in the minimum wage. wage today don’t make enough to get imum wage earners, who earn a wage These are the economic arguments, by. The average worker earning the that is worth less than it was nearly 30 but most of all, as we have said day in minimum wage and working 40 hours a years ago. and day out, this is a fairness issue. week, 52 weeks a year, to support a Now, I ask how the Members of Con- These are men and women who work family of three will only earn $10,700 on gress, who get a cost-of-living adjust- hard and play by the rules and take a the current minimum wage. That is ment, can at the same time say to sense of pride in their work. They work $6,000 below the Federal poverty line those people in this country working at as teachers aides, in nursing homes, for a family of three. the minimum wage—even after you

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6131 work 40 hours a week, 52 weeks a year, Americans who were on the minimum ment chain. And the more we put pres- which puts you at the poverty level— wage 15 years ago as if they were still sure on how much it costs to bring Members of Congress get an increase in on it today, it was deceiving and mis- someone into that chain, the more it the cost of living, but they cannot vote leading. Those are not the same 15 mil- punishes or penalizes someone who is after 9 years to give those hard-work- lion people. They are 15 million new not in it. ing minimum wage workers the first people who are getting a foothold in There is another deception which increase in 9 years. the joy that is America by beginning goes on in this argument, and that is Every day that we stand idle, the on the ladder of employment. that everybody who is on the low end minimum wage continues to lose value, Former Federal Reserve Chairman of the chain and a minimum wage earn- our Nation’s workers fall further and Alan Greenspan has repeatedly cau- er is at the bottom of the scale in life. further behind. We have to give work- tioned the Congress on this very sub- President Clinton’s first Labor Sec- ing families the chance to work their ject and against raising the minimum retary, Robert Reich, once observed way out of poverty. We want Ameri- wage for that reason. The Chairman ‘‘most minimum wage workers aren’t cans to be self-sufficient. Yet when we pointed out that such a move ‘‘in- poor.’’ He is right. Today, according to have individuals who get up every day creases unemployment and, indeed, data from the U.S. Census Bureau, the and do some of the hardest work that prevents people who are at the early average family income of a minimum our country has to offer—and it is hon- stages of their careers from getting a wage worker is above $43,000 a year— est work and decent work, but it is foothold in the ladder of promotions.’’ well above the national average. There hard work—every day they get up and The Federal Government can dictate are reasons for that. go to work—and they cannot afford to what anybody pays anybody, but we Accordingly, minimum wage in- be ill because most of them don’t get cannot dictate who is hired. If we raise creases are inefficiently targeted to health care. If they don’t go to work the component cost of employment—as help poor workers since fully 85 percent that day, they don’t have the resources the bill of the Senator from Massachu- of minimum wage earners live with to take home for their families. Can we setts would—29 percent, it stands to their parents, have a working spouse, not say as a Nation that we want to reason that you put at risk 29 percent or are living alone without children. In honor their work, that we want to re- of those who are employed at the low- fact, when Congress last raised the ward their work, so that work becomes est level. What happens is that people minimum wage in 1997, only 17 percent the vehicle by which there is self-suffi- seek a more efficient worker at the of the benefits of that increase went to ciency? That is what we say when we detriment of the least skilled and the families living below the poverty level. are unwilling to increase the minimum least qualified. For comparison, over 33 percent of the wage. One year after the first minimum benefits went to the richest two-fifths The increase we are proposing would wage was established, Franklin Roo- of all families, which is another secret put more than $4,000 in the pockets of sevelt’s own Department of Labor to raising the minimum wage. these hard-working Americans. This is made the following observation: It is not just at the lowest end of em- enough to help a low-income family af- In a number of instances, there have been ployment or the beginning level, but ford 2 years of child care, a year and a reports that workers who had been receiving there are contracts in America that are half in utility bills or a year of tuition less than [the new minimum wage] had been indexed to the minimum wage. If the at a public college. laid off, and replaced by more efficient work- United States of America and this Con- This may be a simple increase for ers. gress force an increase in the minimum some, but an extra $2.10 an hour will The marketplace will drive employ- wage, then it very well could trigger, mean a lot more for the 15 million ment, and when we in Government in- in a labor contract, in a labor organiza- workers who have been waiting and fuse ourselves into an issue and make tion with a company, an automatic in- waiting and waiting for 9 years for a an arbitrary adjustment, then the mar- crease in the pay scale for people far better wage, a better standard of liv- ketplace will make the adjustment for and above the minimum wage. Once ing, for hope and opportunity, and for a the business community and the more again, it has an arbitrary effect on the message that their work is rewarded. efficient worker will be employed. Mr. President, these workers have marketplace that the marketplace will When the distinguished Senator from adjust, and when it adjusts, someone waited long enough. They are waiting Massachusetts referred to the tremen- for leadership. They are waiting for a will lose a job or find it harder to get dous job growth and creation between Congress that accepts cost-of-living ad- a job. the next-to-the-last increase in the The University of Georgia in my justments to ultimately recognize that minimum wage and the last increase in home State recently did a study. The they, too, need an adjustment in their the minimum wage, again it was a salary. Let’s get our priorities straight economist who did that study was Jo- macro graph. The fact is that while and stand up for our Nation’s families. seph J. Sabia, a Ph.D. graduate in eco- employment skyrocketed during the Let’s show true leadership and provide nomics from none less than Cornell dot-com era, those were high-tech- these workers across the country what University. He used Government data nology, high-end jobs. The reality was they deserve. Let them work their way from January of 1979 until December of that, as a result of the Congression- out of poverty. Let’s pass this amend- 2004. This is a 25-year longitudinal ment. ally-mandated increase in the min- study, and in sum, Dr. Sabia found that I yield the floor. imum wage, technology replaced a lot a 10-percent increase in the minimum The PRESIDING OFFICER. The Sen- of those minimum wage, low-skilled wages causes a nine-tenths of 1 percent ator from Georgia is recognized. jobs, and actually unemployment in- to a 1.1 percent decrease in retail em- Mr. ISAKSON. Mr. President, I want creased at the lowest end. It is only ployment, and an eight-tenths of 1 per- to talk about the amendment of the right to compare apples to apples and cent to a 1.2 percent decrease in small Senator from Massachusetts. I want to oranges to oranges. business employment. Dr. Sabia’s re- specifically commend the Senator for It is interesting that researchers at search confirmed yet again that low- his passion and enthusiasm. But it re- the University of Wisconsin did a study skilled workers is the group that is minds me of a line in an old country not too long ago to determine what the most likely to be most negatively im- song: ‘‘You only hurt the ones you minimum wage did to welfare mothers, pacted by the minimum wage hike. love.’’ that I give you, Mr. President, as an The study also reiterated minimum The graphs that we were shown were example. The study revealed that wel- wage hikes are not an effective means macro graphs about all economies and fare mothers in States that raised their of reducing poverty among working all unemployment in the country. The respective minimum wages remained poor because most minimum wage people on minimum wage, which this is on public assistance 44 percent longer workers are second or third earners in designed to help, are those at the low- than those in States where the min- a family—teens or dependents—and est end of the skill level and the begin- imum wage was not raised, making the most workers in poor households earn ning level of employment. point I made earlier; that is, getting a more than the minimum wage. When the distinguished Senator from foothold on the ladder of success in But the best study I refer to most New Jersey referred to the 15 million America means getting in the employ- often is the study I conducted during 33

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6132 CONGRESSIONAL RECORD — SENATE June 20, 2006 years in the private sector employing The PRESIDING OFFICER. Without that in the last 9 years, the increase to hundreds of individuals in a real estate objection, it is so ordered. $5.15 is buying about 15 to 20 percent company. I knew what competitive Mr. KENNEDY. Mr. President, I wish less. It is not only $5.15 an hour, the marketplace factors were, and I knew to review for the Senate what has been purchasing of that $5.15 per hour is how, when we brought people in—and I happening to many families in this less. had some jobs in my company that country over recent years regarding The United States has the highest were at the lower end, minimum wage the important growth of poverty and child poverty rate of the industrialized to start. They may have been in main- its relationship to the minimum wage. world. Here it is. Of all the industrial tenance, may have been in building up- It has a very direct relationship. The nations of the world, we have the high- keep, may have been operators on the figures are rather startling. It is appro- est poverty rate. That obviously has night desk. But I always found myself priate, when we are talking about an something to do with what their par- being pressured by the market, not the increase in the minimum wage, that we ents are being paid. Not completely; Government, to raise the wage of the have some fuller understanding about there are other programs in these good worker because the good workers, the growth of poverty in our Nation countries that are directed toward chil- as they improved and gained their self- over recent years. dren. confidence, shopped around. Mr. President, 5.4 million more The Presiding Officer, a former Sec- In most of the years I worked, we Americans are in poverty. We had 31.6 retary of Education, is familiar with were in the type of economy we are million in 2000, and now there are 37 what a number of these countries do in today. We were in full employment million. There is a 5.4-million greater terms of trying to assist and providing where you are competing for the best number of Americans living in poverty special allowances for children in a and the brightest. Those who are moti- in the United States. Of those 5.4 mil- number of ways. Nonetheless, what vated, those who enter the system, lion, 2.5 million are children. comes out of it is the fact that we have those who are at minimum wage to It is interesting, when we talk about the highest child poverty rate of any start with will quickly rise as they an increase in the minimum wage, if industrial nation in the world. The fact gain skills, confidence, and self-esteem. we look at the countries of Western that we have not had an increase in the If we think an arbitrary, mandatory Europe—take Great Britain, for exam- minimum wage is directly related to 29-percent increase in somebody’s ple, which has the second most power- that. wages is going to solve poverty, im- ful economy in Western Europe. In Oc- Again, if you look over at this chart prove their self-esteem or, in fact, tober, they will increase the minimum here, the States with the highest child solve the problem the Senator from wage, and it will go to $9.80 an hour. poverty have the lowest minimum Massachusetts intends it to solve, we Listen to Gordon Brown, the Chan- wages, with the exception of Pennsyl- are wrong. Instead, it is probably going cellor of the Exchequer, and the pride vania, and that is a State with 20 per- to deny about 29 percent of those start- that he takes as a public servant, cent greater child poverty than the na- ing at that level an opportunity early Chancellor of the Exchequer—effec- tional average but has a higher min- on. It probably, as President Roo- tively our Secretary of Treasury and imum wage. But the rest are basically sevelt’s Administration found in 1939, the head of OMB combined—in having States with lower minimum wages, a is going to cause some people to actu- lifted 2 million children out of poverty direct tie-in with the minimum wage ally lose their jobs. And worst of all, it over the last 6 years. We have put 2.5 and poverty and child poverty. is a feel-good amendment whose inten- million children into poverty in the We have a chance to do something tion ends up having the absolute oppo- last 5 years. about child poverty and about poverty site result. There are 5 million more Americans in this country, and we can do it in a I care deeply for everybody in my who are on the verge of hunger. These way that is not going to endanger in- State, everybody in this country, and figures are from Food Security in the flation or provide increasing unem- for everybody entering the workplace. I United States, USDA. These are not ployment or threaten the small busi- believe the minimum wage is appro- figures from those of us who are sup- ness community. priate, but I believe to take a time of porting an increase in the minimum As we have gone through this, we full employment, a time of a vibrant wage. These are the figures. We have 5 have seen those arguments which have economy, a time when study after million more Americans who are feel- been raised and which were raised study indicates the exact opposite of ing the pangs of hunger, and the great again this afternoon by my good what the distinguished Senator said, percentage of those are children, again. friends from Wyoming and Georgia. would be sending the absolute worst What is consistent in the last 5 They are arguments I have listened to signal. years? No increase in the minimum for the last number of years I have I believe in the empowerment of our wage, the growth of the number of peo- been in the Senate. The fact is that workers, not in the slavery of our ple in poverty, the growth of the prob- when we have had an increase in the workers. I don’t believe Government lems of hunger. We have Americans minimum wage, no one has ever said: should arbitrarily try to fix something struggling to survive in this current Let’s go back, let’s go back, although that, in fact, the marketplace fixes day economy, the Bush economy. Too we are going to be faced with an alter- in and day out 365 days a year. many Americans are living in poverty: native tomorrow to my increase in the I urge my colleagues in the Senate to 1 in every 10 families; nearly 1 out of minimum wage that will take us back, not try to fix something that is not every 5 children in this country; 1 out will eliminate the coverage, eliminate broken. I will oppose the Kennedy of every 5 Hispanic Americans, and 1 overtime for a number of workers, and amendment. out of every 4 African Americans. that is unfortunate. I yield the floor. This is interesting. It shows the ex- Mr. President, I suggest the absence The PRESIDING OFFICER. The Sen- traordinary growth of poverty, particu- of a quorum. ator from Massachusetts. larly child poverty, in the failure to in- The PRESIDING OFFICER. The Mr. KENNEDY. Mr. President, our crease the minimum wage. So one says: clerk will call the roll. friend and colleague, the Senator from What does that really have to do with The legislative clerk proceeded to Connecticut, Mr. DODD, is looking for- the minimum wage no longer lifting a call the roll. ward to addressing the Senate in just a family out of poverty? Mr. KENNEDY. Mr. President, I ask minute or two. In 1965, 1970, 1975, for a period of some unanimous consent that the order for I suggest the absence of a quorum. 20 years, we had a minimum wage that the quorum call be rescinded. The PRESIDING OFFICER. The was above or at the poverty level. Re- The PRESIDING OFFICER. Without clerk will call the roll. publicans and Democrats did this for 20 objection, it is so ordered. The assistant legislative clerk pro- years, and now we are seeing an abso- Mr. KENNEDY. Mr. President, ear- ceeded to call the roll. lute collapse. There was a little blip lier today we went through a good deal Mr. KENNEDY. Mr. President, I ask with the increase in the minimum of the history of the minimum wage, unanimous consent that the order for wage, and now we are down to an all- and we also went into the growth of the quorum call be rescinded. time low, some $5,888 or less. We know poverty, particularly for children and

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6133 for those who receive the minimum mightily under the ballooning costs of a week. Her husband is now insured, but she wage. I wish to read a couple of real- health care, transportation, child care and is not covered by his plan. Last month, her life stories because I think it is always housing. doctor told her there was something in her ‘‘I hope I am wrong,’’ said Ralph Gonzalez, useful to understand that besides the breast that needed to be biopsied. The biopsy a social worker with the Sacramento County alone would cost $5,000. Her mother, grand- graphs we have been able to show and Department of Human Assistance. ‘‘I hope mother, great-grandmother and sister all the statistics we have been able to with the increase of the minimum wage we had cancer; the risk is clear. show on these charts, we also show in can get it. But with all my years of experi- ‘‘I’m worried, because if I have cancer, can- real terms what is happening to a lot of ence, I really doubt it. I really do.’’ cer spreads very quickly,’’ she said in Span- our fellow citizens, our fellow Ameri- Another California Budget Project report, ish as she sat in her sister-in-law’s lace-cur- cans. this one released in September 2005, esti- tained home across the street from the Sac- This is a story from the Sacramento mated that a single adult in the Sacramento ramento Food Bank. region needed to earn about $11.61 an hour, Aguilar would like to use the money she Bee, and I ask unanimous consent that or $24,151 a year, to cover housing, utilities, earns to buy things for her 10-, 15- and 19– it be printed in the RECORD in its en- transportation, food, health care, taxes and year-old daughters and 3–year-old grandson. tirety. This is June 18, 2006, last Sun- miscellaneous expenses. They calculated She’d like to take the younger ones to Chuck day: that a single parent raising two children, E. Cheese’s, maybe even on a vacation some- Monique Garcia earned minimum wage for such as Garcia, would need to earn $24.17 an day. She’s never been on a vacation. most of a decade before becoming homeless. hour, or $50,272 annually, to cover basic ex- Low-wage work can seem, to many work- She washed dishes, swept floors, collected penses. ers, to be a whirlpool from which they can parking tickets, worked cash registers, Minimum-wage earners patch together never escape. Gonzalez, of the Sacramento staffed drive-through windows, and flipped strategies to make ends meet: some cram County Department of Human Assistance, burgers. Despite that, two months ago, the into one bedroom apartments shared by mul- has another name for it: Catch–22. 26-year-old single mom found herself with tiple families. Many work two or three jobs. Homeless people don’t have alarm clocks too little money for rent and no place to go. They run up debt to pay medical bills, buy or easily accessible showers, he said. So She moved with her 7-year-old daughter clothing at rummage sales and visit food those workers who are sleeping in their cars, and 5-year-old son into St. John’s, a family banks when there’s nothing left to eat. Many or under a bridge, often lose their jobs be- shelter tucked into an industrial corner of teeter on the edge of homelessness until, like cause they can’t be presentable for work. Sacramento. They share a room with an- Garcia, they fall off. Those who are not homeless may need to other minimum-wage worker and her two Garcia has round brown eyes, a long pony- ride a bus several hours to get to work on young children. Garcia and her roommate tail and the names of her children, Yesenia time. They may not be able to afford the trade off, one watching the kids while the and Joshua, tattooed over her heart. Until high cost of child care. Few services exist to other works. last week, she worked about 15 hours a week help them, Gonzalez said. It’s hard, you’ve got a family to support at Round Table Pizza. Now she’s applying at At nearly age 60, Epitacio Leon has spent and minimum wage isn’t it, Garcia said last Del Taco and Wal-Mart and a discount store. 43 years watering and tilling and picking the week. She’s worked full-time in the past and would state’s agricultural fields. His face is baked There being no objection, the mate- like more hours, but recently hasn’t been dark from decades in the sun, his fingernails able to get them. She’s afraid to take a sec- are caked with earth, his bottom teeth are rial was ordered to be printed in the ond job because her absence already is hard missing. His most recent raise, from $6.75 to RECORD, as follows: on her children. For the same reason, she $7 an hour, represents the highest wage he’s [From the Sacramento Bee, June 18, 2006] finds it difficult to complete the coursework ever earned. she needs for a GED, virtually a requisite for Leon rises at 4 every morning in the tiny LIFE ON $6.75 AN HOUR: WHEN ENDS DON’T most better-paying jobs. trailer where he lives alone. He eats break- MEET That leaves her with about $190 every two fast, then catches a ride to the fields with (By Jocelyn Wiener) weeks, after taxes, she said. Even with a $300 another worker. By 6 a.m. he is working, ir- Monique Garcia, a single mother living on monthly check from Temporary Assistance rigating tomato and sunflower fields near minimum wage, ended up homeless. for Needy Families for her 7-year-old daugh- Woodland. He works for 12 hours, then comes As the gulf between what they earn and ter, and a monthly $300 in food stamps, she home exhausted. He drinks a few beers and what they owe continues to grow, many of doesn’t have enough to rent an apartment. goes to bed. the region’s minimum-wage workers have To even consider an application, most ‘‘I’m old already,’’ he said in Spanish as he turned to food banks for sustenance. Some, landlords want her to earn at least double sat in his niece’s Woodland home last week. like Garcia, have moved into homeless shel- the rent. The cheapest one-bedroom she’s ‘‘I’m tired of working already.’’ ters or cars for housing. seen is in North Highlands, for $400. If he retires now, he said, he wouldn’t get These workers welcome Gov. Arnold John Foley, executive director of Sac- enough money from the government to pay Schwarzenegger’s proposal to hike the min- ramento Self Help Housing, said most land- his bills. imum wage by a dollar, to $7.75 an hour. lords in Sacramento actually require tenants The sounds and smells of his great-niece’s They cheer a separate plan proposed by state to make 2.7 times the rent. Most refuse to high school graduation barbecue floated into legislators—and supported by many labor rent to people with any history of evictions the living room. Always working, never sav- groups—that would ensure the minimum or bad credit. ing, Leon didn’t have a family of his own. wage increases each year to keep pace with ‘‘It’s legal to have those criteria,’’ he said. But he visits his niece’s family on evenings inflation. About 1.4 million of the state’s ‘‘But, of course, they really crunch the and weekends and special occasions, and lowest-paid workers would be affected. poor.’’ finds pleasure in playing the role of great- California’s minimum wage is lower than He said it is especially disconcerting that uncle. that of more than half a dozen states, but is workers in Sacramento cannot afford rent, On the evening of the graduation party, his higher than the federal minimum of $5.15 an because the region is relatively affordable 10-year-old great-nephew walked into the liv- hour. Washington state has the highest min- compared with much of the rest of the state. ing room. Leon teased him a little, then imum at $7.63 an hour, and it is indexed to ‘‘We ought to be able to fix it here,’’ he asked him to bring him a beer. Then he inflation. said. ‘‘That’s what’s so shameful.’’ stopped him. California’s Industrial Welfare Commission Health care costs, which increase more ‘‘Let me see whether I have a peso,’’ he is scheduled to consider the proposals early than 7 percent each year across the country, said, fishing in his pocket. He pulled out a $1 next month. Many business groups oppose a also pinch the working poor. Some workers, and a $10 bill. He deliberated a moment be- minimum wage increase because it could like Garcia, receive Medi-Cal. But, for a fore handing the boy the $10. force increases for higher-paid employees, as whole host of reasons, many others are ineli- The boy beamed. Leon smiled a little. well, and might cause some small businesses gible for government programs. It would be nice to retire some day, he to close. Marina Aguilar, an uninsured Der said. But it won’t be next year, and probably According to a report published earlier this Wienerschnitzel worker, knows intimately not the year after that. year by the California Budget Project, a non- the burden of medical bills. She says her hus- The Cost of Living: profit group that conducts economic and pol- band, an asthmatic, was admitted to a local $5.15 federal minimum hourly wage. icy analysis to benefit the poor, the pur- hospital overnight after a severe attack two $6.75 California’s minimum hourly wage. chasing power of the minimum wage has years ago. He was uninsured, and the bill for $7.63 Washington state’s minimum hourly dropped $0.88 since 2002, a decline of 11.5 per- his short stay came to $5,000. For two years, wage, the highest in the nation and indexed cent. Aguilar says, she and her husband—who lays for inflation. Advocates for the working poor say earn- tile for a living—have paid $100 every month $11.61 hourly wage a single adult in the ings have slipped so far out of sync with the on that bill. So far, they’ve paid more than Sacramento region needs to cover basic liv- cost of living that the proposals are unlikely $2,000, but they still owe about $4,000 because ing expenses. to remedy families’ deep financial distress. of interest. $24.17 hourly wage a single parent raising Barring a drastic policy change, they say Aguilar, a 37-year-old mother of three, two children in this region needs to cover workers like Garcia will continue to struggle earns minimum wage working 30 to 35 hours basic living expenses.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6134 CONGRESSIONAL RECORD — SENATE June 20, 2006 Mr. KENNEDY. The stories continue $10,712 a year, $6,000 below the poverty nate the overtime protections for these along. This is happening out in Sac- line for a family of three. Since 1997, workers as well. Because the Fair ramento. the minimum wage has lost 20 percent Labor Standards Act guarantees over- Here is a story about, for all intents of its value. The Enzi proposal is a $1.10 time and equal pay for women and and purposes, Christie: increase—far short of making up for men, this exemption jeopardizes these Christie did a job that this labor-hungry this lost value. It won’t even make up rights for over 10 million workers. economy could not do without. Every morn- for the lost value of the purchasing The gross annual sales threshold was ing she drove her battered ’86 Volkswagen power of the existing minimum wage. created as a way to determine that em- from her apartment in public housing to the It leaves behind 4.8 million workers ployers were engaged in interstate YWCA’s child care center in Akron, OH, who would be covered by the Demo- commerce, not as a way to exempt where she spent the day watching over little workers from minimum wage and over- children so their parents could go to work. cratic proposal because it only raises the wages of 1.8 million workers. time protection. Doubling the annual Without her and thousands like her across sales threshold and eliminating indi- the country, there would have been fewer The raise to $5.15 was historically people able to fill the jobs that fueled Amer- low, lower than any but for one in- vidual coverage would take away those ica’s prosperity. Without her patience and crease in the 1960s. In fact, before the protections for over 10 million workers, warmth, children could have been harmed as 1997 increase, the minimum wage had contradicting the long-term intent of well, for she was more than a babysitter. She fallen to its lowest level since 1960. So the Congress to expand the Fair Labor gave the youngsters an emotionally safe we can’t allow such a low increase for Standards Act. place, taught and mothered them, and some- For over 60 years Congress has re- hard-working minimum wage workers. times even rescued them from abuse at Eighty percent of the 14.9 million peatedly amended the Fair Labor home. Standards Act to provide more protec- For those valuable services, she received a Americans who would be affected by the minimum wage are adults, and tion, more minimum wage and more check for about $330 every two weeks. She overtime protection—not less. This could not afford to put her own two children more than a third are the sole bread- will be the first time we will see the in the day care center where she worked. winners in their families. Minimum significant reduction rather than an wage workers have waited 9 years. She is looking out for children, and expansion. she is unable to provide the childcare They deserve one that is fair. Instead of trying to exclude over 10 for herself. On the issue about the 10 million million workers from the guarantee of Carolyn Payne did everything right Americans who will lose the minimum a minimum wage, we should be trying but still can’t find a job with decent wage in overtime protection, first, the to raise it. It has been more than 9 wages. Bush administration and Republican years. Americans have waited long She had earned a college diploma, albeit a leadership in Congress stripped away enough. two-year associate’s degree. And she had overtime protection from 6 million This chart indicates raising the busi- gone from a homeless shelter into her own Americans. That has already taken ness exemption reverses a tradition of house, although it was mostly owned by a place. That has already taken place. extending worker rights. bank. The third objective, ‘‘a good-paying They have done that through rules and Congress amended the business ex- job,’’ as she put it, still eluded her. Back in regulations. Now they want to deny emption in 1961, 1967, 1969 and 1989, the mid-1970s, she earned $6 an hour in a over 10 million more workers, min- Vermont factory that made plastic cigarette each time to afford more employees lighters and cases for Gillette razors. In 2000, imum wage workers, overtime pay by minimum wage and overtime protec- she earned $6.80 an hour stocking shelves and eliminating the fair labor standards tions. The current $500,000 exemption working cash registers at a vast Wal-Mart coverage entirely. Do you see what I was established deliberately to cover superstore in New Hampshire. mean? If you eliminate the coverage of more employees. By raising the exemp- ‘‘And that’s sad,’’ she said. the Fair Labor Standards Act, you tion, the Republican proposal would re- She just can’t make it and is in a eliminate the protections for overtime duce the protection for the first time. homeless shelter. These people, our pay. That is very important. brothers and sisters of America who Currently, all employees who work I want to cover the last two points. I want to work, want to provide for their for employers who are engaged in see the Senator from Connecticut here. families, will do hard and difficult interstate commerce, have gross an- Under the Republican proposal, work. Carolyn Payne should have a nual sales of at least $500,000, are guar- workers opt into the flextime system, greater sense of hope in the richest and anteed the minimum wage and over- but once they do, they do not control the most powerful country in the time pay. But even in businesses that their own schedules. They work a 50- hour workweek when their employer world. We will give them that if we in- have less than $500,000 in annual sales, employees still have individual min- tells them to, not when they choose to. crease the minimum wage. Under the current system, workers Mr. President, I suggest the absence imum wage and overtime coverage if would get overtime for those extra 10 they are engaged in interstate com- of a quorum. hours a week. Under the Republican merce. The Enzi amendment would The PRESIDING OFFICER. The proposal, they would not. clerk will call the roll. raise the $500,000 annual sales to $1 mil- The Republicans claim the proposal The legislative clerk proceeded to lion and eliminate the fair labor stand- would give the parent time to see a call the roll. ards coverage for workers who are en- child’s soccer game or attend a child’s Mr. KENNEDY. Mr. President, I ask gaged in interstate commerce. No more school play. They, in reality, don’t get unanimous consent that the order for overtime for those individuals—10 mil- that freedom. They just get paid less the quorum call be rescinded. lion. for working a longer workweek. The PRESIDING OFFICER. Without Raising the annual business thresh- Public sector workers also have objection, it is so ordered. old to $1 million and eliminating the greater protection from being coerced Mr. KENNEDY. Mr. President, I am individual coverage would force greater to agree to flextime if they don’t want going to describe what I understand is numbers of hard-working Americans, it. Pubic employees generally have the in the amendment which is being of- retail workers, security guards, gar- protection of a union contract as well fered by Senator ENZI. I think it is im- ment workers, waitresses, and their as the constitutional due process pro- portant that we have a chance over the families into poverty. Raising the an- tections afforded them in the Civil evening—because it looks less likely nual threshold and eliminating indi- Service, although this administration that we are going to be completing this vidual coverage would allow businesses is trying to undermine those due proc- debate tonight. We have others who are to pay their workers less than the Fed- ess rights as well. Public employees on their way over here. But I am going eral minimum wage and require them can challenge abuses of flextime within to review this and try to get through to work longer hours without overtime the context of those protections, it, and then if I have misstated it, I pay. whereas most public employees cannot. hope I will be corrected. So, on the one hand, you get the $1.10 As then-Governor Ashcroft explained In the last 9 years, while costs have increase for 1.8 million, which will not in 1985, when the Senate was consid- been rising, the minimum wage has even cover the lost value of the $5.15 ering whether to permit flextime in the been stuck at $5.15 an hour; that is, since the last 9 years. Then you elimi- public sector:

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6135 State and local governments are quali- find it odd, the average citizen out ability of their parents to provide for tatively different in structure and function there, even those who are making way them. from private business. Public employees beyond the minimum wage, were they Again, it should not take lecturing serve under exceptional circumstance, the here to my colleagues in this great most significant characteristic of which is here tonight in this Chamber, would the protection public servants enjoy because tell you how difficult it is to meet the body to make the case, in the 21st cen- they work in government. rising cost of living—food, housing, tury, that we are going to have to have I am also going to add to the state- clothing—not to mention soaring en- the best prepared, best educated, ment an analysis on the tip credit that ergy costs. Yet in the midst of all of healthiest generation we can produce if would show how this effectively pre- that, we find it impossible to provide we are going to remain competitive in a global economy. When you have 13 empts the State from being able to an increase, after nearly a decade, of million of your children growing up in make a judgment on this. This is a one- $2.10 per hour for these families in our poverty, how are these children going size-fits-all. It is ‘‘the Federal Govern- country. to effectively compete? How are they ment knows best.’’ Mr. KENNEDY. Will the Senator If we pass it here, we preempt what yield for a moment? going to be well educated? How are Massachusetts can do, what Con- Mr. DODD. I am happy to yield to my they going to be healthy enough not necticut can do, what Georgia can do. colleague from Massachusetts. only to be good parents themselves, It doesn’t seem to me to be the wise Mr. KENNEDY. As all of us know, but good workers, and good citizens? It seems axiomatic. It should be un- course of action. We permit States to the Senator has been the chairman of derstood on its face. If we continue on make their own judgment to increase the Children’s Caucus here in the Sen- the road we are traveling, with the the minimum wage because that is ate. He is the author of the Family and Medical Leave legislation. He worked 5 number of children in our country what it is, a minimum. It is a bottom. growing up in poverty increasing, it is But this proposal is going to interfere years to get that legislation passed. It has been a great success. There were going to make it more difficult for our with the States’ wage policy in other country to compete in the 21st century. ways. extensive hearings in our committee over the course of the years on children There is a graph here which I know I yield the floor. the Senator has seen, but it makes the The PRESIDING OFFICER (Mr. and children’s needs, children’s edu- case of what is happening. The United CHAMBLISS). The Senator from Con- cation. States has the highest child poverty necticut. Does he agree with me that we have rate in the industrialized world: Den- Mr. DODD. Mr. President, let me seen this remarkable growth of child mark, Sweden, France, the Nether- begin, if I may, by once again com- poverty in the last 5 years? The Sen- lands, Germany, Spain, Japan, Canada, mending our colleague from Massachu- ator has just mentioned this. I just U.K., Italy. All of these countries, setts for his leadership on this issue. want to underline it. In the strongest major competitors in the world, do a Over the years, no one has been a economy of the world, we are seeing a far better job seeing to it that their stronger champion, a louder voice, a significant growth in child poverty and children are better prepared to meet stronger voice on behalf of the most child hunger in this Nation, and we have seen, as the Senator pointed out, those challenges. disadvantaged in our society than the Our future is lagging behind when a the virtual lack of increase in the min- senior Senator from Massachusetts. substantial number of children are imum wage and the reduction of pur- Once again he is proving that point growing up, in our great country, in chasing power. with this amendment he has offered. poverty. This is through no fault of Does the Senator join with me in rec- Frankly, as I recall in years past, in- their own. It is through the accident of ognizing what we have seen? The U.K., creases in the minimum wage were the birth, being born into a family where which is the second strongest economy ones that were endorsed by both par- their parents are struggling to earn a in Europe, will be going to $9.80 an ties. I am old enough to remember decent wage and make ends meet. hour in December. Gordon Brown takes when an increase in the minimum wage These are working families, by the pride in the fact that they have raised would have occurred in far less time way. These are not families collecting than 9 or 10 years. 1.8 million children out of poverty in subsistence or some kind of charity. Nearly a decade has elapsed since the the U.K. over the period of the last 5 They are out there working, earning an last increase. I am sure my colleague years. In Ireland it is $9.60, and they income that does not allow them to from Massachusetts can tell me on the have raised hundreds of thousands of meet the basic necessities of life. average, it was probably every 2 or 3 or children out of poverty. Mr. KENNEDY. Will the Senator 4 years that the increase would occur. Does the Senator agree with me that yield? When it did, when the proposal was of- the fact of the failure of increasing the Mr. DODD. I am glad to yield to my fered and it was worked out between minimum wage has had an extremely colleague. the two parties, it went through almost negative impact on the well-being of Mr. KENNEDY. The Senator has unanimously if not unanimously. But children in our country, resulting in given just an excellent statement here we are. This is an indication of the fact that there are hundreds of about what happens to children when what has happened in our beloved thousands, even millions more children they live in poverty. I was wondering if country over the last number of years. who are living in poverty because we the Senator would comment about the Nearly 37 million of our fellow citi- have failed to do that? growth of hunger over the last 5 years. zens, including 13 million children are Mr. DODD. Mr. President, I say to There are 5 million more of these peo- currently living at or below the pov- my colleague, if he will yield back, I ple now, according to the USDA, and erty level in the United States. Yet we couldn’t agree with him more. This is more than 20 percent of these are chil- somehow cannot find ways among our- one of the great myths about the min- dren. Five million more Americans are selves here to reach a consensus to in- imum wage increase. You will hear hungry or on the verge of hunger. crease the minimum wage to $7.25 over over and over again; in fact, we have I wonder, I ask someone who chaired the next 2 years—a $2.10 increase. heard it here already today: If you in- the Children’s Caucus, I ask about the I find that rather shocking. I suppose crease the minimum wage, this hurts fact that children are increasingly it is an indication of what has hap- business. This makes it more difficult pressured in terms of the issue of hun- pened to the body politic in this coun- to hire people, to employ people. ger, what does this do to a child in try, that you cannot find common I found it rather interesting that in terms of a child’s development? ground to make a difference in the surveys done among the business com- Let me add one addendum. I believe lives of almost 40 million of our fellow munity, particularly the small busi- the Senator may remember what hap- citizens. ness community, 86 percent of small pened, I think it was in Philadelphia, These Americans are struggling out business owners do not think the min- where they expanded the school lunch there every single day and as I men- imum wage affects their business. program to include a school breakfast tioned earlier, 13 million of them are The Senator from Massachusetts is program. They found out that the totally defenseless—our children. Cer- absolutely correct that raising children grades of the children all went up no- tainly, while Members of Congress may out of poverty is directly related to the ticeably—I think it was somewhat

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6136 CONGRESSIONAL RECORD — SENATE June 20, 2006 close to 10 percent. In any event, it was What we are trying to do is make it come family of three to buy 15 months clearly noticed, as they found out, possible for these people who are work- of groceries which they couldn’t other- when children have decent nutrition, ing hard to be able to provide for their wise get, 19 months of utilities which their performance—in terms of educa- families. That is all we are talking they would not otherwise be able to af- tionally, culturally, socially, and from about. ford, 8 months of rent, over 2 years of a discipline point of view—is very im- I point out to colleagues who have of- health care, 20 months of child care, 30 portantly impacted. I wonder if the fered an alternative to this proposal, months of college tuition at a public 2- Senator would tell us from his own ex- that a $1.10 per hour increase to $6.25 year college. Consider those numbers— perience what he knows about this. per hour over the next 2 years, means 20 months of child care that these Mr. DODD. I thank my colleague for that millions of children would be left working families need if they are going bringing up this chart to emphasize the behind. to keep their jobs and keep their chil- point. I think these numbers are from What the Senator from Massachu- dren safe, not to mention 30 months of the Department of Agriculture. setts is offering—with a bipartisan college tuition. It may not seem like Again, the Senator is making an ex- group of support, we hope—is a $2.10 much, but it is important. cellent point. If you have a hard time per hour increase to provide for the In 10 years, the person earning min- understanding what the Senator from needs of working families. What the imum wage has received no pay in- Massachusetts is saying or the Senator Senator from Massachusetts has laid creases, unless they have been lucky from Connecticut, ask any teacher. out I couldn’t agree more with him. If enough to live in a State that in- Ask any teacher in this country, par- you are truly interested in making a creased the minimum wage. ticularly at the elementary school difference in this country, that extra $1 But for most of our fellow citizens, level, what sort of academic perform- per hour could make a huge difference that has not been the case. And we now ance, what sort of attention spans you in the ability of these families to make have nearly 40 million of our fellow have with a child who has received ade- ends meet. citizens living at or below the poverty quate nutrition, a decent meal, com- Among full-time, year-round work- level. pared to those who have not. You will ers, poverty has increased by 50 percent I repeat this because I know my col- hear anecdote after anecdote of what since the 1970s. Minimum wage employ- leagues care so much about it. To have happens with children who do not have ees working 40 hours a week, 52 weeks 13 million of our children in this coun- try who, except by accident of birth, proper nutrition—not to mention the a year are earning $10,700 a year. That have found themselves living under growing health care problems that can is almost $6,000 below the Federal pov- these circumstances and having to sur- emerge. erty guidelines of $16,600 for a family of This is just good, sound investment three—$6,000 less than you ought to be vive at that level is unacceptable. This is the United States of America. policy. If you really care about the fu- able to have if you are going to meet We ought to be doing far better. ture of your country, if you really care the poverty guidelines. To find out, as we recently pointed Here we are in the 21st century, and about whether or not our Nation’s chil- out on the chart, that almost every dren are going to be able to perform the minimum wage is losing its value other industrialized country in West- adequately in this century, then clear- as well. Since the minimum wage was ern Europe is doing far better by their ly making sure that they have the last raised nearly 10 years ago, its real children, far better by their minimum basic essentials is, again, so obvious value has eroded by 20 percent. Min- wage workers, ought to be a source of that it should not require a debate on imum wage workers have already lost collective embarrassment for this the floor of the Senate to make the all of the gains from the 1996–1997 in- great country of ours. point. crease. I don’t think I have to make this Mr. KENNEDY. Will the Senator Today, the real value of the min- case too often. We know how difficult yield for one more question? imum wage is more than $4 below what it is going to be to compete in the 21st Mr. DODD. Yes. it was in 1968. To have the purchasing century. If we don’t have a generation Mr. KENNEDY. Now we find out power it had in 1968, the minimum coming along that is well educated and there is increasing hunger, and now we wage would have to be more than $9.25 well prepared to meet the challenges of know it affects more than one million per hour—not the $5.15 we are cur- the 21st century, it is going to be hard children. rently at. for Americans to remain strong and Can the Senator tell us what he I want to make a point as well about competitive. knows about Americans and their de- what the impact of this minimum wage You just have to read about what is gree of support to relieve the hunger of increase would have on the lives of happening in our major competitive children? It is truly overwhelming, is it working families. countries. We take great pride in 60,000 not? Nearly 15 million Americans would high school students in this country Mr. DODD. It is not surprising but it benefit from the minimum wage in- who competed last year in the science is worthy of being repeated. crease to $7.25 per hour. That is 6.6 mil- fair, a great number. Compare that Ninety-four percent of our fellow lion people directly affected in a posi- with 6 million who competed in the citizens across this country, regardless tive way and another 8.3 million af- same science fair in the People’s Re- of geography and economic cir- fected indirectly. Almost 60 percent of public of China last year. cumstance, of gender, ethnicity, what- these workers are women, and 40 per- That is the challenge of the 21st cen- ever the differences may be, agree with cent are people of color. Eighty percent tury. the following quotation: People who of those who would benefit are adult With 13 million kids in this country work should be able to feed their fami- workers, not teenagers seeking pocket going without getting a decent meal lies. Ninety-four percent subscribe to change, as some have said, and more every day, we are going to have a real that notion. than a third of these are adults are the problem on our hands if you do not The Senator from Massachusetts is sole providers for their families. begin to address that. talking about working families. Our Again, we are talking about an in- I feel strongly about this and I wish fellow citizens believe that if you are a crease to $7.25 per hour, which is still we could reach agreement quickly. I working family, you should be able to hardly enough to make ends meet when remember the days when the minimum make enough money to feed your fam- you consider the cost of food, clothing, wage increase was done by a voice vote. ily. housing, not to mention the sky- We worked out the differences and sat This is the United States of America. rocketing cost of energy that has hit down and negotiated, and it was passed This is not some Third or Fourth World everybody in this country. We all know unanimously on a record vote or a country we are talking about. Yet with how hard it is to provide for our fami- voice vote. How sad it is that we have 37 million of our fellow citizens, adults lies. come to this, where nearly a decade and children, unable to meet the re- If you raise the minimum wage to later we are sitting here arguing with quirements of basic food and nutrition, $7.25 per hour, it would mean an addi- each other about whether 15 million of it ought to stun everyone in our coun- tional $4,400 a year. That additional our fellow citizens could get a bump of try. money would be enough for a low-in- $2.10 per hour up to $7.25 an hour.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6137 This ought to be something we can Mr. WARNER. Mr. President, I ask Mr. WARNER. I didn’t hear what the all agree on and not engage in this unanimous consent that the order for distinguished Democratic leader said. kind of acrimonious debate. the quorum call be dispensed with. Mr. REID. A Senator just called ob- I want to point out, as well, that The PRESIDING OFFICER. Without jecting to this request. there are other provisions that will be objection, it is so ordered. The PRESIDING OFFICER. Is there offered by the majority that are very Mr. WARNER. Mr. President, on be- an objection to the unanimous consent troublesome to me, including a funda- half of the leadership, I make this proposed by the Senator from Virginia? mental change in the overtime pay unanimous consent request. Mr. LEVIN. There is an objection, ap- schedule that I think is very unfair to I ask unanimous consent that the parently, which we just received in the people. This goes beyond the minimum first amendment, No. 4323, be with- cloakroom. wage worker. Here we have always pro- drawn; provided further that Senator Although I support it, we have to ob- vided that if you work more than a 40- ENZI be recognized in order to offer a ject. hour week in that week, then you get first-degree amendment relating to the The PRESIDING OFFICER. The ob- time and a half. That has been Federal minimum wage; provided further that jection is heard. law. We are now saying we are going to the Senate then resume debate at 9:30 The Senator from Iowa. apply a 2-week standard. An employer a.m. on Wednesday and that there be Mr. HARKIN. Mr. President, last could have you work 50 hours in 1 week 11⁄2 hours of debate equally divided be- March in the bankruptcy reform bill, and 30 hours in the next. That is 80 tween the chairman and ranking mem- the Senate debated the minimum wage hours, but for the 10 hours more in the ber of the HELP Committee or their with Senator KENNEDY offering an first week, you don’t get the additional designees. I further ask unanimous amendment to increase the minimum pay. consent that at the use or yielding wage over a 2-year period to $7.25. That That is unfair to a lot of people in back of time, the Senate proceed to a amendment failed on a largely party- this country. If you work an additional vote on Kennedy amendment No. 4322, line vote, 46 to 49. Again, last October, 10 hours in a week, that can be hard to be followed by a vote on the Enzi another Kennedy amendment to in- labor, and you ought to get time and a amendment, with no amendments to crease the minimum wage over a 2-year half. The law requires it. That would be the amendments in order; provided fur- period, to $6.25, again failed on a large- a $3,000 per year pay cut for a median ther, if either amendment does not get ly party-line vote, 47 to 48. income worker and an $800 pay cut for 60 votes in the affirmative, then that Both votes ignored the fact that 37 minimum wage workers. That addi- amendment would be automatically million Americans, many holding down tional 10 hours of overtime pay could withdrawn. full-time jobs, are living in poverty. make a big difference. I further ask unanimous consent that Here we are again. This week we I don’t know why the majority de- following those votes, Senator LEVIN again debate an amendment offered by cided to add that provision. It seems to be recognized in order to offer amend- Senator KENNEDY, me, and many oth- me that is unduly harsh to an awful lot ment number No. 4320 related to Iraq. ers, to increase the minimum wage. I of people. There will be 5 hours equally divided in hope this time the outcome will be dif- We talked about the poverty level relation to that amendment, and fol- ferent. Indeed, with 37 million Ameri- working with the minimum wage. I am lowing that debate, the amendment be cans living in poverty, almost 13 per- talking about people who are above the set aside and Senator KERRY be recog- cent of our population, we have to have poverty level but are struggling and nized to offer his amendment related to a different outcome. We have to raise don’t have to be making $16,000 or Iraq. the minimum wage. $10,000 to be struggling in this country. Mr. DODD. Reserving the right to ob- Poverty is increasing sharply among You could be making $40,000, $50,000 or ject, I express my appreciation to the the working poor. The new Census Bu- $60,000 a year. If you are a family of Senator from Virginia and the Senator reau numbers show over the last year four, you may very well be struggling, from Michigan. I have an amendment I alone, the number of Americans who considering the cost-of-living increases am considering offering dealing with work but live in poverty increased by that have gone on. For that man or Guantanamo Bay. 563,000. The number of Americans who woman who works an additional 10 I inquire as to whether there is an work but live in poverty increased by hours a week, 10 hours away from their opportunity to work that out? half a million. Mr. WARNER. I simply say, I under- families after putting in 8 hours a day, A job ought to lift people out of pov- stood the Senator has that amend- 5 days a week, that additional 10 hours erty not keep them in poverty. But ment. I have asked colleagues on this can be hard. And to say I am not going that is what we have today—more and side to be here. They are now present. to give time and a half for those 10 more Americans working, yet more and The Senator indicated you would lay hours I think is unfair to those people. more Americans falling into poverty it down now for the purpose of intro- If that ends up being adopted, I think who are working. A job ought to lift ducing the amendment, having a col- it is a great step back as well. you out of poverty. It offends our basic loquy on the amendment, and the time I hope we will adopt the proposal sense of fairness to know there are for the voting would be established by that the Senator from Massachusetts many Americans who work full time, the leadership at some point in the fu- has offered. I commend him, once play by the rules, and still live in pov- ture. again, for making a strong case. erty. Mr. DODD. I thank the chairman. Millions of Americans find them- Again, on behalf of 13 million chil- Mr. WARNER. The Senator is now selves doing this, including 13 million dren in this country, and million of ready to proceed. people who are out there struggling to- Mr. DODD. I wanted to make sure in children. That is why it is absurd, be- night to take care of their families, to the discussion there was a space for yond reason, hard to explain to the av- raise good families, I urge adoption of that. erage person why the minimum wage the amendment being proposed by our Mr. HARKIN. Reserving the right to has been stuck at $5.15 an hour for the colleague from Massachusetts. I hope it object, I am here to speak on the min- last 9 years. will be adopted by our colleagues when imum wage amendment. How would any Senator like to have voted on tomorrow. It is an important Are we going off of that? the same salary that he or she got 9 contribution. Nine years is too long to Mr. REID. We will vote on it in the years ago? Seven times in the last 9 wait for an increase in the minimum morning. years we have raised our salaries. We wage. Mr. HARKIN. OK. have adjusted upward to account for I yield the floor. Mr. LEVIN. Reserving the right to the increased cost of living. Yes, over Mr. REID. Mr. President, I suggest object, is it my understanding that the same time, we have callously al- the absence of a quorum. there would be no amendments allowed lowed the income of workers earning The PRESIDING OFFICER. The to my amendment? the minimum wage to languish, lose clerk will call the roll. Mr. REID. If the Senator will yield, value every year, as inflation has gone The legislative clerk proceeded to we just got a call that some Senator up and they stay the same. It is incred- call the roll. objects to this. ible we would raise our salaries seven

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6138 CONGRESSIONAL RECORD — SENATE June 20, 2006 times in 9 years and never raise the No business which depends for existence on his right, and we are very happy to minimum wage. paying less than living wages to its workers have him acknowledge that right to The amendment offered by Senator has any right to continue in this country. put that amendment in—we would KENNEDY and me and others to raise Imagine that. He went on to say: want to have time, obviously, to debate the minimum wage to $7.25 is, as I said, By living wages, I mean more than bare it and respond to it, conceivably. long overdue. Prior to last March, it subsistence levels. I mean the wages of a de- The question is whether it is had been 5 years since we last had a cent living. precloture or postcloture. I ask the vote on the minimum wage. It has now He had it right. We can do it better. Presiding Officer if the Senator from been 9 years since we last raised the Gas prices are up 70 percent, health in- Virginia intends to offer whatever minimum wage. surance is up 33 percent, college tuition amendment he does immediately after To have the same purchasing power, is up 35 percent, housing is up 36 per- cloture or precloture? for example, if we took the year 1968, cent, and wages are up 1 percent. Min- Mr. WARNER. Mr. President, I with- the minimum wage today would have imum wage is up nothing, not even 1 draw that and ask unanimous consent to be more than $9.26 an hour. Min- percent. that we approve the request as read imum wage workers earn a paltry During the same period, private sec- earlier. $10,712 a year total, almost $16,600 tor executive salaries have risen dra- Mr. LEVIN. Reserving the right to below the Federal poverty guidelines matically. Right now, the average CEO object, when we were discussing this for a family of three. in America makes $11.8 million a last, I asked whether or not the man- This chart shows the salary of a full- year—the average worker is earning ager, the chairman, would make it time minimum wage worker to be $27,460 a year—431 times what the aver- clear that my amendment is not sub- $10,712. The average family health care age worker makes. Imagine being a ject to amendment. premium in 2005 was $10,880. Right now, minimum wage worker making $10,000. Mr. WARNER. Mr. President, we are 35 percent of minimum wage workers Mr. REID. Would the Senator yield perfectly willing to make that emi- in America are the sole support of their for a unanimous consent request? nently clear. families. These are not just teenagers. Mr. HARKIN. As long as I get the Mr. LEVIN. And also if the Senator Some may be teenagers; more often floor back. would agree that the Kerry amend- than not it is a single, working mother. Mr. REID. I ask that the Senator, ment— They can work hard all year at the when we finish, be permitted to resume Mr. WARNER. We have not seen his minimum wage—and they do work the floor. amendment. The PRESIDING OFFICER. Without hard, if you have ever seen anyone do Mr. LEVIN. Then the request is that objection, it is so ordered. that kind of work—and they cannot the unanimous consent request be Mr. REID. Mr. President, I would like even buy a health care premium. amended so that my amendment which to ask the unanimous consent request As I said, the salary for full-time is on file will not be subject to amend- made by the Senator from Virginia a minimum wage workers is $10,712; the ment. few minutes ago be agreed to. average cost of a health care premium, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there $10,880. They could not even afford to objection? objection to the modification of the buy health care, let alone pay rent, buy Mr. WARNER. Mr. President, I pre- unanimous consent request of the Sen- food, pay for heating, buy gas for the sume that the request is as read and ator from Virginia that the Levin car to get back and forth to work. that there have been no changes, and amendment not be amendable? Without As I said, there is a lot of we will then have the sequence of rec- objection, the request is so modified. misperception about who gets the min- ognition of Senators Levin and Kerry; Mr. WARNER. Has the Chair ruled on imum wage. We hear it is teenagers, and I add to it that thereafter the Sen- the underlying UC request? part-time workers flipping ham- ator from Virginia would be recognized The PRESIDING OFFICER. Is there burgers. Here are the facts: 35 percent for the purpose of submitting whatever objection to the request as modified? earning the minimum wage are the sole amendment. Mr. DODD. Reserving the right to ob- breadwinners of their families; 61 per- I ask for recognition for the purpose ject, I know we have had a discussion cent are women; almost a third of of offering the amendment from our with the distinguished chairman of the those women are raising children; 76 side on whatever subject that comes up committee. Senator BINGAMAN and I percent of the women who would di- at that time at the conclusion of these are interested in offering amendments rectly benefit from an increase are two. at the appropriate time precloture on over the age of 20. Among families with Mr. LEVIN. Reserving the right to the Guantanamo situation. I am won- children, and a low-wage worker who object, I assume there would be ade- dering if we could allocate an hour be- would be affected by an increase, the quate time that we would be allowed to fore the cloture motion is filed to raise affected worker contributes half of the consider an amendment of the Senator that amendment and then have a vote family’s earnings. Those are the facts. from Virginia? As I understand, the on it, either one or two of those amend- A decent minimum wage is critical to Senator was talking about a possible ments. moving people from welfare to work. I amendment on Iraq. Mr. WARNER. Mr. President, I have thought that is what we wanted to do. Mr. WARNER. I said it could be on been trying to get the minimum wage Since the Clinton Welfare-to-Work anything. put aside so that you could move. And Program in 1996, we reduced the num- Mr. LEVIN. Could be on Iraq. you are going to argue tonight your ber of welfare cases by half. But so Mr. WARNER. We have been going amendment; is that correct? many of the people who moved off of back and forth. Mr. DODD. I say to my colleague— welfare did not move out of poverty. Mr. LEVIN. Is the Senator offering Mr. WARNER. And Senator BINGA- Why? Because at the current minimum the amendment he is referring to MAN likewise. I think he has an amend- wage, it is not a living wage, it is a postcloture? ment pending at the desk. poverty wage. Mr. KERRY. Mr. President, if I could Mr. LEVIN. It has not been filed. An increase to $7.25 would make a inquire, I agree with the minority man- Mr. WARNER. But he has spoken to dramatic difference. It would add $4,370 ager of the bill, there is a question it. in income. That is real value to a fam- about what the amendment might be Mr. LEVIN. That is correct. ily living in poverty. Nearly 7.5 million about. If it comes precloture or Mr. WARNER. What is the desire? I workers would benefit from a min- postcloture, postcloture it makes no have to ask my colleagues, we are try- imum wage increase. In my home State difference. If it is precloture and it is ing as best we can to accommodate all of Iowa, 87,500 workers would benefit about Iraq, I think the Senator from interested parties. The amendments from the increase, more than 6 percent Michigan and others would then have are coming from this side. It is really of our workforce. an interest in being able to respond to incumbent on you all to try and rec- In urging the passage of the first whatever that amendment is. oncile how you wish to proceed. We are minimum wage legislation, President I say to the distinguished manager, about to lock up the two significant Franklin Roosevelt once said: the Senator from Virginia—and it is amendments of the Senator from

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6139 Michigan and the Senator from Massa- that you and Senator BINGAMAN can keeps going up. People are working chusetts. I recognize you have had that get a vote on your amendment tomor- longer, working harder. They are pro- amendment. You asked to bring it up row morning. It is just a question of ducing more. Productivity is up 166 tonight. I have assembled a group of how we do it timewise. percent since 1960. Look what has hap- my colleagues to debate the amend- Mr. DODD. Is that the understanding, pened to the real minimum wage. It is ment. What is the pleasure? that that would be the case? down 23 percent. Mr. REID. Mr. President, if the Sen- Mr. WARNER. We will try and do our This is what the average person feels: ator from Virginia would yield— very best. My gas prices have gone up. My rent Mr. WARNER. Yes. The PRESIDING OFFICER. Is there has gone up. I can never afford to send Mr. REID.—the problem we have is, objection to the request, as modified? my kid to college. College tuition has the Senator from Connecticut wants to Without objection, it is so ordered. gone up. Health care premiums are have his amendment heard prior to clo- The Senator from Iowa has the floor. skyrocketing. I am working harder, ture. The problem is, there has not Mr. WARNER. If the Senator would longer. I am producing more, and I am been a motion for cloture filed yet. If yield just for a moment, I would like to getting less. That is what I call a work- the cloture motion is filed tonight, ask my two colleagues, for the knowl- ing class misery index in America. And then under the rules, an hour after we edge of my two colleagues on this side, what have we done? We raised our sala- come in on Thursday, cloture would be how soon may we start the debate on ries 7 times in the last 9 years. We have voted on. That being the case, under the Guantanamo amendments? tax break after tax break after tax the proposed unanimous consent agree- Mr. DODD. Why don’t we say around break for the privileged few in Amer- ment we have here, there is going to be 7 o’clock. Say at 7 o’clock. ica. a lot of hours used up prior to Thurs- Mr. WARNER. We will certainly ac- Just a couple weeks ago there was an day morning at 9 or 10, whenever we commodate the Senator from Iowa. I attempt on the floor to completely come in here. I think there are a lot of have two colleagues who withdrew wipe out the estate tax, estate taxes people who want to offer amendments, from their schedules to come over here paid by only 3 families out of every but unless they are germane amend- tonight because we were told that we 1,000 in America. Three out of every ments, there would be no guarantee would start this debate. 1,000 families pay any estate taxes. that there would be a vote on them, Mr. DODD. I would say at 7 p.m. They are the wealthiest in our country. other than the two here. We have had Mr. WARNER. All right, 7 p.m. We had an amendment to the bill by assurances that the Levin and the Mr. HARKIN. Mr. President, the av- the other side to completely eliminate Kerry amendment, even though there erage CEO in America today makes it. Thankfully, we didn’t do that. would be a problem with cloture, they $11.8 million a year. The average sala- But now when we want to raise the minimum wage just a paltry two dol- would allow a vote on that. I think re- ried worker makes $27,460 a year. That lars and something cents an hour, we alistically, it would be hard for anyone is 431 times what the average worker can’t do that? Where is the fairness? to guarantee a vote prior to cloture to makes. That is the average worker. Where is the fairness for the American the Senator from Connecticut. Take a minimum wage worker at Mr. WARNER. Mr. President, we had $10,600 a year. The average CEO makes worker? No wonder the average Ameri- can’s esteem of Congress has gone understood that the debate would be a thousand times more a year, a thou- down—along, I might add, with the held tonight. We were willing to have a sand times more than a minimum wage President’s, because the President is vote on Gitmo tomorrow right after worker. So you can see the disparity not up here asking for a minimum the minimum wage. There it is. has gotten out of hand. wage increase either. Mr. REID. That would certainly be In the wake of Katrina, in a speech in No wonder people don’t think we are long before cloture and the debate New Orleans, President Bush pro- claimed: doing anything. We raise our salaries 7 would be finished tonight, and we could times in 9 years. We have tax breaks slow up Senators LEVIN and KERRY by We should confront poverty with bold ac- tion. for the wealthy. We have tax breaks for more than 20 minutes. big business. We want to do away with Mr. DODD. If we could agree to a We are just trying to raise the min- estate taxes for the wealthiest few. But imum wage for the first time in 9 vote on one or two amendments on the we won’t raise the minimum wage. Gitmo situation and allow us the op- years, and we can’t even do that. We It all leads us to conclude that when portunity to debate this evening or can have tax reductions for the it comes to the issues of poverty and possibly an hour tomorrow morning be- wealthy on and on and on; they seem to the working poor, the American public fore the vote, that would accommodate be sacrosanct, untouchable; but we should watch what we do, not what we us completely. If we could accommo- can’t raise the minimum wage. The say. date that request, then we can go for- working poor have to do with $5.15 an I will bet every Senator here can give ward. That is the request we would like hour. This is unconscionable. We have wonderful talks about work, the value to make. to do something about it. of work and more jobs and creating Mr. REID. I respectfully request, I Have Members of the Senate all jobs and the economy is up and isn’t have spent nearly all of the day trying joined the Neiman Marcus crowd? Have everything wonderful. Yes, if you are a to work something out on these two we become so totally insulated from CEO, it is wonderful. If you are a CEO, amendments. Senator LEVIN and Sen- the realities of real life for the people it is pretty darn nice. If you are mak- ator KERRY can speak for themselves. I who work and shop at Wal-Mart and K- ing $150,000, $160,000 a year, $170,000, as am not sure they want another hour. Mart, Dollar stores, who pinch their we are here, things are pretty nice. But We can finish the debate on yours to- pennies, who go to the grocery store if you are a minimum wage worker, night and vote on it in the morning and spend the time looking for the best things aren’t very pretty. Things aren’t with 15 or 20 minutes evenly divided. bargains, have we become so insulated pretty at all. You are not saving any- Maybe something like that could be from them that we can’t see the need thing. You are barely able to scrape by. worked out, but I don’t think there is to raise the minimum wage from $5.15 Your kids are probably not getting the an hour left. If these two men debate an hour? best food and nutrition. They are prob- tomorrow night, we aren’t going to fin- Poverty has doubled since the late ably not going to be able to manage to ish this thing until some time late to- 1970s among full-time, year-round go to college. You don’t have health morrow night at best. workers from about 1.3 million to more care so you go to the emergency room The PRESIDING OFFICER. Is there than 2.6 million. Every day the min- when you get sick so you don’t have objection to the request of the Senator imum wage is not increased, it con- any preventative care. Your kids are from Virginia? tinues to lose value and workers fall probably not getting the vaccinations Mr. REID. I would simply say this— further and further behind. and the checkups they need. They are and I appreciate very much the Sen- Here is what is happening today. probably not getting the dental care ator from Iowa being so courteous—ev- That is why I say there is a misery they need. eryone is in agreement that we are index out there, a working class misery I am not talking about ‘‘poor people going to try to work something out so index. This shows it. Productivity living in poverty who aren’t working.’’

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6140 CONGRESSIONAL RECORD — SENATE June 20, 2006 I am talking about poor people who go The PRESIDING OFFICER. Without gress who were enemy prisoners during to work every single day. You see objection, it is so ordered. Vietnam and were incarcerated 5, 6 or them. We all see them. We all see Mr. GRAHAM. Mr. President, I want 7 years, until the Vietnam war came to them. You go into stores and see the to speak, if I may, regarding a proposal an end. people working behind the counters. by Senator BINGAMAN concerning This amendment, in an odd way, Check on the people who are working Guantanamo Bay and the disposition of would allow enemy combatants to be in day-care centers, people in Head detainees. I understand he introduced released before hostilities are over, Start centers, people cleaning houses, an amendment yesterday. I have the which is something not afforded to a cleaning our office buildings. Yes, and summary of it. If I mischaracterize it prisoner of war. But a traditional pris- a lot of people are working, flipping or if it is changed in any way, I apolo- oner of war is not subject to being tried burgers and stuff like that, making the gize. I will try to give an overview as a war criminal for the mere status minimum wage. But they are the sole based on what I know, with the under- of being involved with the opposing breadwinner of their family. standing that if it changed, I stand cor- force. We see them every day and yet we rected. I believe strongly that it is not advis- pass by, we just pass on by. Let’s not Senator BINGAMAN, from what I un- able for this country to say as a matter pass on by here. Let’s stop and think, derstand, has an amendment that of policy that every enemy combatant act accordingly, and reach down and would require the United States to ei- or unlawful combatant per se is a war say to those people who are working ther charge, repatriate or release indi- criminal. Military trials or commis- hard every day that it is time to give viduals held at Guantanamo Bay with- sions should be conducted for people you a raise, too—not just corporate in 180 days of the enactment of the De- who are part of the enemy force who CEOs or Members of Congress, but let’s fense authorization bill, and if for some have violated the law of armed con- flict. There are about 20-something give at least a $2.10 increase to the peo- reason the Government fails to comply people, I believe, facing military com- ple who make the minimum wage. It within that timeframe, the Depart- mission charges at Guantanamo Bay will be good for American workers and ment of Defense would have to report and haven’t been tried yet because of for our economy. It is long overdue, back to Congress to tell us why. It pro- Federal court proceedings affecting the and it is the right thing to do. vides further that charges could be outcome of the military commission With that, I yield the floor. filed in U.S. District Court, a military The PRESIDING OFFICER. The Sen- tribunal court or military commission status. This amendment would require ator from Wyoming is recognized. or an international tribunal against de- the United States to make a choice that no other country has ever had to AMENDMENT NO. 4376 tainees. If I may, I will express my concerns make: try them or let them go. Mr. ENZI. Mr. President, I send my The truth is that some of them de- about this amendment. No. 1, the de- amendment to the desk for the debate serve to be tried as war criminals. tainees at Guantanamo Bay are being to be done in the morning. Some of them deserve to be taken off held as enemy combatants. That is a The PRESIDING OFFICER. The the battlefield until they are no longer concept that has been part of our law clerk will report. a threat to our country and our coali- for quite a while. The Supreme Court The assistant legislative clerk: tion forces. And to have to let them go has several enemy combatant case The Senator from Wyoming [Mr. ENZI] pro- or try them is a choice the country poses an amendment numbered 4376. holdings. That is someone who is in- should not have to make. Mr. ENZI. Mr. President, I ask unani- volved in hostilities but not in the nor- Who is at Guantanamo Bay? There mous consent that further reading of mal course of combat. They don’t wear have been some high-profile stories the amendment be dispensed with. uniforms. They are not supported by a about individuals who were sent there The PRESIDING OFFICER. Without particular State. They are fighting, in who may not have been involved in objection, it is so ordered. this case, for a terrorism cause that enemy combatant activities. Unfortu- (The amendment is printed in today’s doesn’t have a country of origin. They nately, those things happen. You can RECORD under ‘‘Text of Amendments.’’) are irregular combatants. get someone in your custody based on The PRESIDING OFFICER. The Sen- For many years in the military law, some bad information and, over time, ator from Virginia is recognized. a regular combatant or enemy combat- find out you made a mistake. And 200- Mr. WARNER. Mr. President, my un- ant has been considered a person out- something people have been released derstanding is that we will have two side of the protection of the Geneva under the current procedure. What is amendments introduced by the other Convention because that is an inter- that procedure? The Geneva Conven- side with regard to Guantanamo. They national treaty designed to protect tion says if there is a question as to will be debated tonight. We are going lawful combatants and have procedures whether a person is a POW, a prisoner to work toward making certain they that every signatory country will abide of war, or an unlawful enemy combat- get a vote on those amendments. I ask by. A lawful combatant is someone who ant, the host country, the country in my ranking member. represents a State, wears a uniform, custody of that individual, must have a Mr. LEVIN. Mr. President, I thank and operates within the rules of inter- competent tribunal to make that deci- the Senator from Virginia. We thank national military law. sion. the Senator for his unvaried hospi- Al-Qaida, by their very definition, be- As far as I know—and correct me if I tality and good nature on these kinds cause they don’t wear uniforms and am wrong—the decision as to whether of difficulties. We appreciate his deter- represent a particular country, are ir- a person is an enemy combatant is a mination to try to find the opportunity regular enemy combatants. The people military decision. We don’t have civil- for a Guantanamo amendment or at Guantanamo Bay have been cap- ian trials. The Geneva Convention amendments. They are trying now, I tured in various parts of the world by doesn’t require a civilian judicial de- believe, to figure out—I think it is the U.S. military or were turned over termination to be made. The deter- going to be offered at 7 p.m. I guess to them as being suspected of being in- mination of whether you are a POW they will be here to offer that amend- volved in the war on terror. There are who is entitled to the Geneva Conven- ment at 7 o’clock. 500-something people down there now; tion protection, an enemy combatant Mr. WARNER. Mr. President, in the over 200 have been released. Senator or an innocent individual, is left up to interim, seeing no Senator desiring to BINGAMAN’s amendment would require the military. I argue that that is the address the Senate, I suggest the ab- the Government to release them all or way it should be, with due process sence of a quorum. charge them. rights. The PRESIDING OFFICER. The The reason I believe that is not good The problem with this war is that we clerk will call the roll. public policy is because enemy combat- don’t know when it is going to be over The assistant legislative clerk pro- ants—you don’t have to choose be- because there will be no surrender cere- ceeded to call the roll. tween trying them and letting them mony. I am sensitive to that. I under- Mr. GRAHAM. Mr. President, I ask go. A prisoner of war is not required to stand the Senator’s concerns, and that unanimous consent that the order for be released until the hostilities are is legitimate. The process at Guanta- the quorum call be rescinded. over. We have had Members of the Con- namo Bay now, as I understand it, is

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6141 when somebody is sent there, a combat A detainee with ties to UBL, the Taliban, Abdul Rahman Noor, after being re- status review tribunal will review their and Chechen mujahideen leadership figures leased in July 2003, has participated in case, a military intelligence officer, told another detainee, ‘‘Their day is coming. hostile actions against U.S. forces near and a military lawyer will look at the One day I will enjoy sucking their blood, al- Kandahar. He was later identified as case and determine if the individual be- though their blood is bitter, undrinkable ...’’ the person in a 2001 al-Jazerra inter- fore them is an enemy combatant or During an interview with U.S. military in- view described a mujhadeen defensive meets the definition of an unlawful ir- terrogators this same detainee then stated position claiming to have downed an regular enemy combatant. The host that he would lead his tribe in exacting re- airplane. country where the person comes from venge against the Saudi Arabian and U.S. The reason I mention these individ- can intervene on their behalf. Evidence governments. ‘‘I will arrange for the kidnap- uals is that mistakes have been made is collected. They don’t have a lawyer, ping and execution of U.S. citizens living in in letting people go. Once the military but they have a representative. Every Saudi Arabia. Small groups of four or five tribunal reviewed these individual year, that person’s status is reviewed. U.S. citizens will be kidnapped, held, and ex- ecuted. They will have their heads cut off.’’ cases, they made a determination the An annual review looks at whether the After being informed of the Tribunal proc- person was no longer a danger to the person still has intelligence value, ess, the detainee replied, ‘‘Not only am I United States and possessed no addi- whether they are a threat to the thinking about threatening the American tional intelligence value. They were United States or has anything changed public, but the whole world.’’ wrong. about their initial status determina- A detainee who has been identified as a These people and several others went tion. UBL bodyguard, stated, ‘‘It would be okay back to the fight, and at least one of Under an amendment passed that was for UBL to kill Jewish persons. There is no the people involved killed an American need to ask for forgiveness for killing a Jew. authored by Senator LEVIN and myself, medic. every Guantanamo Bay detainee now The Jewish people kill Muslims in Palestine so it’s okay to kill Jews. Israel should not The process we have at Guantanamo will have a chance to appeal their case exist and be removed from Palestine.’’ Bay is reform in a manner that I think to the Court of Appeals for the District A detainee who has been identified as is consistent with American values. of Columbia, and a Federal court of ap- UBL’s ‘‘spiritual advisor’’ and a relative of a This body, in an overwhelming vote, peals at the District of Columbia will fighter who attacked U.S. Marines on indicated to the Department of Defense review the combat status review tribu- Failaka Island, Kuwait on October 8, 2002, that their interrogation techniques nal’s action in that case to see if it was stated, ‘‘I pray everyday against the United needed to be standardized and put in proper. So now we have civilian courts States.’’ This detainee repeatedly stated, ‘‘The United States government is crimi- the Army Field Manual. That is a work looking over the initial military deter- in process. mination. When it comes to military nals.’’ A detainee and self-confessed al Qaida This body, in an overwhelming vote, commissions and people being tried as member who produced an al Qaida recruit- gave every detainee at Guantanamo war criminals, we have the presump- ment video stated, ‘‘. . . the people who died Bay a right to petition their status to tion of innocence and the right to a on 9/11/2001 were not innocent because they Federal court for Federal court review. lawyer, which is a very similar tri- paid taxes and participated in the govern- We have due process rights in place bunal to international tribunals, very ment that fosters repression of Palestin- for detainees at Guantanamo Bay that ians.’’ He also stated, ‘‘. . . his group will similar to the UCMJ but different in I think are unprecedented in the rules some regards. shake up the U.S. and countries who follow the U.S.’’ and that, ‘‘it is not the quantity of of armed conflict and are based on the So the idea that we need to let the fact that this is a war without a defin- prisoners go or try them all, I think it power, but the quality of power, that will win in the end.’’ able end. would be a very bad policy decision to A detainee who has assaulted GTMO But the amendment before us by my make because some of them can be guards on over 30 occasions, has made ges- good friend from New Mexico would re- dangerous, can be a threat to our coun- tures of killing a guard and threatened to quire this country to release the de- try if released or they could have intel- break a guard’s arm. tainees en masse or repatriate them or ligence value but don’t fall within the * * * * * * charge them. The problem with repa- definition of war criminal. To say that Mr. GRAHAM. Mr. President, one of triation is that one of the problems every enemy combatant is going to be them is Mullah Shazada who was re- with closing Guantanamo Bay is, tried as a war criminal is not good pol- leased from Guantanamo Bay on May where do we put these people? icy because you are beginning to 8, 2003. He assumed control of Taliban We have had case after case where change the way the rules have worked operations in southern Afghanistan. the detainee was eligible to be released for a very long time. His activities reported including the but did not want to go back to their We have had 200-something people re- organization and execution of a jail leased. About a dozen of them have host country for fear of reprisal. The break in Kandahar. gone back to the fight, unfortunately. idea that we can take the 460 prisoners Abdullah Mahsud was released in So there have been mistakes at Guan- and open the gates of the prison and 2004. He became the militant leader of tanamo Bay by putting people in pris- say, Go back, is going to be a problem the Mahsud tribe in southern on that were not properly classified. because a lot of them have no place to Waziristan. We learned he had been as- There have been mistakes about releas- go or won’t be taken back. sociated with the Taliban since his ing people that we thought were not Another problem is that if we release teens and has been described as an al- dangerous but turned out to be so. these people en masse, some of them I have a summary of statements Qaida facilitator. In mid-October 2004, will become our worst nightmare. In- made by individuals who have been re- he directed the kidnapping of two Chi- formation about statements made by leased from Guantanamo Bay but went nese engineers in Pakistan. During a detainees—I have another document back to the fight. I ask unanimous con- Pakistani rescue attempt, the kidnap- here, where they openly avow a desire sent that it be printed in the RECORD. pers shot one of the hostages. to get back into the fight and to kill There being no objection, the mate- Mohammed Ismail was one of two ju- Americans and to continue the war on rial was ordered to be printed in the veniles held at Guantanamo Bay. He terrorism. RECORD, as follows: was released in 2004. During a press Simply stated, the people at Guanta- SELECTED STATEMENTS FROM DETAINEES interview after his release, he thanked namo Bay, in my opinion, are people Statements made by detainees provide val- the United States for providing him who need to be looked at every year in uable insights into the mindset of these ter- education opportunities in Guanta- terms of their status and whether they rorists and the continuing threat they pose namo Bay and stated he would look for have intelligence value and whether to the United States and the rest of the work after visiting his relatives. He they present a danger. And that deci- world. was recaptured 4 months later in May sion can be reviewed by civilian au- A detainee who has assaulted GTMO 2004 participating in an attack on U.S. thorities. guards on numerous occasions and crafted a weapon in his cell, stated that he can either forces near Kandahar. At the time of They are not people for whom we go back home and kill as many Americans as his recapture, Ismail carried a letter should open the door and say, Leave or he possibly can, or he can leave here in a confirming his status as a Taliban be charged, because the truth of the box; either way it’s the same to him. member in good standing. matter is that there are people down

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6142 CONGRESSIONAL RECORD — SENATE June 20, 2006 there who are enemy combatants who before sending the cloture motion to Essentially, it says the Department have not engaged in conduct that the desk. This does not—I repeat, does of Defense shall go ahead and charge would fit a traditional definition of a not—preclude us from working toward these individuals with criminal activ- war crime. further agreement to set up votes on ity or it shall repatriate them to their I just don’t think we need to make these amendments prior to cloture. In home country, an appropriate country, that choice. We need to make sure that fact, we anticipate having votes on or it shall release them, or it shall give every detainee has adequately been both of those amendments prior to clo- us a report and explain what its plans processed, that our country is account- ture. We are looking forward to the de- are with regard to these individuals able for their treatment, that our bate on both amendments. and why it is not taking one of the pre- country is accountable for their legal Almost everyone on this side is inter- vious actions. That is not the charac- status, and that we have a way to ested in speaking to the appropriate- terization or the description that the prove to the world and to our own pub- ness of adopting those amendments, Senator from South Carolina just went lic that the detainees are being con- and, as I said, we do not intend for clo- through. fined within the rules of armed conflict ture to shut out in any way votes on This amendment does not require and treated properly. the Kerry and Levin amendments. that any enemy combatant be released. This amendment would set in mo- CLOTURE MOTION It is clear in its language that it does tion, I believe, forces that would come Having said that, Mr. President, I not require that. It does not require back to haunt us. Mr. President, I say send a cloture motion to the desk. the release of people ‘‘en masse,’’ which to my good friend from New Mexico, I The PRESIDING OFFICER. The clo- was the language the Senator from understand his concerns about Guanta- ture motion having been presented South Carolina used. It does not re- namo Bay and the image problems that under rule XXII, the Chair directs the quire us to release people who are then it has created, but I would argue that clerk to read the motion. believed to have the motivation of get- the reforms in which we have engaged The assistant legislative clerk read ting, as the Senator from South Caro- have been real. We are not getting as follows: lina said, back into the fight. much credit for those reforms, but we CLOTURE MOTION This does not in any way restrict are just going to have to understand as We the undersigned Senators, in accord- what the Department of Defense does. a nation that every critic of this coun- ance with the provisions of rule XXII of the It just says the Department of Defense try’s policy doesn’t have to make the Standing Rules of the Senate, do hereby has various options, but we are going decisions we do. move to bring to a close debate on S. 2766, to begin to understand what action the The criticism coming from abroad the National Defense Authorization Act for Department of Defense is taking with about Guantanamo Bay is part of de- Fiscal Year 2007. these individuals. mocracies being able to speak openly, Bill Frist, John Warner, John E. Sununu, It can charge them with a crime, it Jim Bunning, George Allen, Lamar Al- but they are not coming to South Caro- exander, Craig Thomas, Kay Bailey can repatriate them to their home lina. If we let them go, they are not Hutchison, Chuck Hagel, Ted Stevens, country, it can release them, or it can coming to South Carolina. I will do ev- Judd Gregg, Robert F. Bennett, Thad tell us, the Congress, the appropriate erything I can to keep these people Cochran, Pat Roberts, Pete Domenici, committees of the Congress, what it in- from coming into my home State. And Jim Inhofe, Jeff Sessions. tends to do and what action and what I doubt we want them to go to Mexico, Mr. MCCONNELL. Mr. President, I factors cause it to not want to take and I doubt they are going to go to yield the floor. one of those previous actions. That is a Connecticut. The PRESIDING OFFICER. The Sen- very straightforward amendment. I do not want to intermingle them ator from New Mexico. I think anyone who is opposed to with our military prison population be- Mr. BINGAMAN. Mr. President, I that amendment basically says we, the cause these people represent the hard- wish to speak briefly in response to the Congress, have no responsibility for est of the hard. comments of my colleague and friend oversight, the appropriate committees I hope we can reform Guantanamo from South Carolina, Senator GRAHAM, of the Congress have no responsibility Bay and that one day it will be closed about the amendment which I intend to concern themselves with what is because the needs of the war on ter- to offer at an appropriate time on the being done with these prisoners at rorism have been met. And I do hope Defense authorization bill. Guantanamo, and I think that is a very that those who are war criminals in I say, in all respect to the Senator unfortunate message for us to send. the truest fashion will be tried at from South Carolina, he has totally The amendment goes on to provide Guantanamo Bay by military commis- misread the amendment. He has totally that in the report to the appropriate sion and those who are not war crimi- mischaracterized it. This amendment committees of the Congress, if the De- nals will be held until they are no does not, as he said, require the Gov- partment of Defense wishes to submit longer a danger. I do not believe it is ernment to either release everyone at part or all of that in classified form, it advisable for this country to make a Guantanamo or charge those individ- can do so. To the extent it is not re- choice as a nation that no other nation uals. quired to be in classified form, it has ever had to make before, and that It is very clear in the amendment. It would, of course, be a public report. is turning loose someone who is caught starts out by saying, ‘‘Except as pro- This is a very modest amendment. In on a battlefield engaged in hostilities vided in subsection (b),’’ and then it fact, the criticism I have heard from against our own people or try them all goes on to say: people who have generally been aware as war criminals. That has never hap- Not later than 180 days after the date of that I might offer this amendment is: pened before, and it shouldn’t happen enactment of the law, an alien who is de- Why does this amendment give the De- here. tained by the Secretary of Defense shall, partment of Defense an out? It says I yield the floor. consistent with applicable law, be charged or with regard to each of these individ- The PRESIDING OFFICER (Mr. repatriated or released. uals, either charge them with a crime, THUNE). The Senator from Kentucky. But then obviously the exception is repatriate them, release them, or tell Mr. MCCONNELL. Mr. President, we what we start out with there. It says us what your other plan is, if you have now have an agreement for a couple of the exception under paragraph (b) is some other plan that you believe is re- votes in the morning relative to the that with respect to an alien described quired under the circumstance. That is minimum wage amendments which in the first section, subsection (a), who the very least that this Congress have been discussed this afternoon. To- is not charged or repatriated or re- should be doing with regard to these morrow we will also proceed to debate leased within this 180 days, the Sec- individuals. the Iraq-related amendments offered retary of Defense shall submit to the I, frankly, do not want to ask this by Senator LEVIN and Senator KERRY. appropriate committees of the Con- Congress to resolve the question of the Mr. President, at this point, on be- gress a detailed report as to each such legality of what is going on at Guanta- half of the leader, I am prepared to alien that includes, and then it speci- namo. Some of that is being deter- send a cloture motion to the desk, but fies the information that needs to be mined in the courts, as it should be de- I do want to make the following point included. termined in the courts. But, clearly,

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It fense specify what action it intends to court of the United States or a mili- went beyond that. take, go ahead with whatever action it tary tribunal or an international The Combatant Status Review Tri- intends to take in the next 180 days, criminal tribunal or repatriated to the bunal provides a venue for detainees to and at the end of that time report to country of origin or some other coun- personally challenge their status as the Congress as to any detainee for try. That is a mandate. The amend- enemy combatants. They were given whom it does not intend to go ahead or ment goes on to say: But with respect that opportunity. As of January 22, for whom it has not gone ahead and to those who are not so charged, the 2005, the Department of Defense had brought charges against or decided to Department of Defense must submit a completed 558 CSRTs. Of the 558 hear- repatriate or decided to release. report saying why they haven’t been ings that were conducted, the enemy So let me just stop with that. I am charged and when they will be handled combatant status of 520 detainees was glad to discuss the amendment further, in this matter. So I think in conflict, confirmed, and 38 detainees were found but I know that my colleague from as Senator GRAHAM has detailed, it to be no longer meeting the criteria to Connecticut who has a separate amend- goes to the historic manner by which be designated as enemy combatants. ment dealing with Guantanamo wishes any nation, and in particular the The Administrative Review Board is to speak and describe his amendment, United States, handles prisoners of another process the Department of De- and I also see that my colleague from war. fense has implemented. This adminis- Alabama is on the Senate floor and Again, I have seen the conduct at trative review process makes an annual wishes to speak perhaps on the same Guantanamo. I think it is an appro- assessment of whether there is contin- issue as well. priate facility considering the danger ued reason to believe that the enemy So, Mr. President, at this point I that these individuals pose. It is an ap- combatant poses a threat to the United yield the floor. propriate location. It makes it very States or its allies, or whether there The PRESIDING OFFICER. The Sen- difficult for them to break free and kill are factors bearing upon the need or ator from Alabama. other people. The Department of De- the continued detention, including the Mr. SESSIONS. Mr. President, I have fense actually is continuing to improve enemy combatant’s intelligence value, been to Guantanamo twice, and I have it. They give the prisoners first-rate in the global war on terror. That is seen the work of our military per- meals, first-rate medical care. Until what this board does every year for sonnel, the good morale they have the three suicides we saw recently, not every prisoner. under difficult conditions, their deter- a single prisoner had died in Guanta- Based on this assessment, the Admin- mination to provide every decent and namo of any kind of causes, natural or istrative Review Board can recommend right request and treatment to the otherwise. that individuals should be released or prisoners who are there. I have seen So I believe this amendment is not should be transferred with conditions areas where they are detained, the reli- necessary. I think it would have the ef- or should continue to be detained. Al- gious freedom that they give them, in- fect of restricting the power of the ex- lowing detained enemy fighters to be cluding a Koran and prayer rugs and ecutive branch to carry out this war on heard and potentially released or things that they have requested, the terrorism and manage the military’s transferred while hostilities are ongo- exercise that they obtain. It is, I be- treatment of prisoners. The Depart- ing, as they are this very minute in lieve, in all respects a very fine prison ment of Defense wants to get rid of Iraq and Afghanistan, is a historic and that treats people in a decent way. them. They have tried to repatriate unprecedented step. We have never But as the Senator from South Caro- numbers of them. But some of them are done that before in war. lina noted, these individuals are pris- just dangerous and must be detained. The first year, the Administrative oners of war, and prisoners of war are I would ask, how would a prosecutor Review Board resulted in 330 continue- not given trials. In the history of the prove a case? Some would say we will to-detain decisions, 119 transfer deci- United States of America, we do not just give them a trial. What if they sions, and 14 release decisions. So these give prisoners of war trials. They are were captured in the mountains of Af- are not rubber stamps. The Depart- detained until the conflict is over. ghanistan and maybe the soldier who ment of Defense is attempting to move What about those who have gone be- captured them was later killed, or people out, to transfer them, or release yond just being a combatant against maybe he was reassigned to Korea or the people they can justify releasing. the United States but have become an some other place? It is not so easy to But remember, 15 of those former pris- unlawful combatant, violating all the have trials of prisoners of war, and oners at Guantanamo, who have been rules of warfare and are therefore ap- that is why it has never been done and released, have later been detained and prehended and detained? Should they why I think the amendment, which is captured on the battlefield seeking to be given more rights than a properly carefully drafted and attempts to avoid fight America. uniformed and properly lawful combat- some of the worst criticisms that The second year of the Administra- ant is given who is detained by an might be made of it, is, nevertheless, a tive Review Board process, in this an- enemy? I think not. I would suggest step too far, and I believe we should re- nual process, resulted thus far in 12 these are matters that are within the ject it. continue-to-detain decisions, 6 transfer parameters of the U.S. military to han- I just want to point out a number of decisions, and no release decisions. dle. They have no desire to maintain a things that are important about how That is as of June 20 of this year. single prisoner any longer than they careful our military is, unlike what So the Department of Defense has have to. They have released several happens when American military pris- created a system that goes beyond hundred already, and 15 of those have oners are captured, apparently, as we what this Nation has ever utilized in been rearrested on the battlefield saw today, the horror of being cap- time of war to deal with an attempt to where they are presumably attempting tured, tortured and killed by the al- release persons who have been captured to fight the United States of America Qaida forces in Iraq, who are just bru- as prisoners of war fighting the United and our soldiers and our allies around tal in their treatment of American States of America. They didn’t do that the world. prisoners. We give the prisoners at for German prisoners. They didn’t do it So I would say to my colleagues, Guantanamo a combatant status re- for Japanese prisoners. They didn’t do these are not academic questions. They view tribunal—a tribunal consisting of it for North Korean prisoners. They are matters of real life and death and three people, the Department of De- didn’t do it for Vietnamese prisoners. must be carefully thought through. fense Combatant Status Review Tri- These are unprecedented steps. I think Under the circumstances we are now bunal process pursuant to a Supreme it is more than is required, but it is a dealing with regarding prisoners in Court plurality opinion in Hamdi. generous step for the United States to Guantanamo, we don’t need to micro- Hamdi dealt with due process for take, and I certainly support that. manage the military. I would agree American citizens. The process created Mr. President, as of May of 2006, 287 with Senator BINGAMAN that his was applied to all foreign nationals de- detainees have departed Guantanamo,

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We would they could do was kill themselves in We don’t need to keep pushing the like to release them all, if we could. hopes they would have editorials military, pushing that you have to But the President of the United around the world, editorials in New have proof beyond a reasonable doubt States took an oath to protect the peo- York City and Washington, DC, have like you have to before you can lock up ple of the United States from attack by Senators and Congressmen on the floor an American citizen—let’s not put that enemies. If he releases prisoners who of the House and the Senate saying kind of burden on our military. we believe will have any reasonable how badly we are treating these pris- I think this Guantanamo matter is basis to continue to attempt to kill oners of war, these unlawful combat- greatly overblown. We fail to realize American citizens or American sol- ants, and suggesting they all ought to just how dangerous some of the pris- oners are. Hopefully, we can sift diers, he is derelict in his duty. This is be turned loose and how this is Amer- through them and find some more who not some game he is playing. This is ica’s fault. not some academic process that the The fact that these three prisoners, are not dangerous and they can be re- leased. Hopefully, we can send them generals who are supervising this are clearly terrorists, committed suicide back to foreign countries. But you involved in or the Administrative Re- the same day is absolute proof that know, when you send them back to a view Board members or the Combatant they were threats to innocent people foreign country, things don’t always Status Review Tribunals are dealing and to the United States of America. It work out right. You turn around and 6 with. They can’t make a mistake. If is proof that they had that threat capa- months later, 2 years later, they are re- they make a mistake, somebody could bility. If they had been released, do you leased. Or sometimes we have Members think they would have just gone nicely die. of the Senate who have made speeches I know the operations at Guanta- back home to work a job in Yemen or and complained because, if we send namo have raised complaints from work on a pipeline in Saudi Arabia? them back to their home countries, the some of our allies, specifically a com- No, they are committed jihadists. They home countries realize they are terror- plaint from one British official. I am so are terrorists. That is why they were in ists, maybe even applied those tactics proud of the support the British gov- Guantanamo. I am glad they hadn’t against their country, and they mis- ernment and population has shown to been released like some of the others treat them. Now we are blamed for the United States, but I have to tell and I am glad that those like them are some treatment by a foreign govern- you, I don’t know what the man ex- still being detained there. They are not ment where we sent these prisoners. pected us to do. Did he want us to re- entitled to trial. We were aggressive in interviewing lease all 500 of them? Is that what he I don’t know what we will do with prisoners at the outset of opening would want? Is that what the other Guantanamo. The President said he Guantanamo. We had a very good brief- people on our editorial boards like to would like to close it. I guess it would ing last time I was there where the write about? We should just release make some people happy around the people said they really reduced the in- them? Well, maybe Great Britain world. Maybe they would get off his tensity of interrogations. In the weeks would like to take them. Maybe the back. But somebody has to do some- and days following September 11 when United Kingdom would like to take thing with them. I will tell you one we thought and had every reason to be- them and house them in their jails. thing, we can’t release them all. Do we lieve that there were cells probably op- Would they really? Would they release release them any better if they are erating all over this country, the mili- them? Would they want to release brought back to the United States? Do tary and our intelligence people were them on their subways or on their we release them any better if we take aggressive in asking questions of them buses or on their trains in London? them over to London or Madrid? I sub- and pursuing interrogations. They did Three prisoners just committed sui- mit not. We have them in a safe place. not torture them. I do not believe there cide last week at Guantanamo, and They are being well taken care of. We has been a single allegation that has amazingly, we had newspapers in this have invested a lot of the taxpayers’ been substantiated of any torture at great Nation that purport to be wise money in making that facility at Guantanamo. But people took it far- and thoughtful pandering to those Guantanamo a good facility, a safe fa- ther and said the military was too seeking to close Guantanamo by sug- cility. I don’t know why we would want harsh with these prisoners. So for a gesting that they are somehow killing to move them, other than just to make whole lot of reasons we don’t pursue themselves because they are depressed. people feel better and stop fussing. those tactics as strongly today. One of these was an active member of But we are going to continue to ap- The standards are very lax in that re- the Taliban forces who fought against prehend people. When we went out gard—or strong in the sense that pris- the United States. One was a recog- after the bombing of Zarqawi and did oners are not stressed and not abused nized leader in al-Qaida—they are from these raids in 17 different spots and in any way as they are being interro- Yemen and Saudi Arabia and other they arrested quite a number of people, gated. In fact, just the opposite is the places. I believe two were from Saudi what are they going to do with them? case. Occasionally, it is odd, after time Arabia and one was from Yemen. Do we Turn them loose? goes by, somebody begins to talk. want to release prisoners like these? When I was in Iraq recently, I heard Some people never talk. They hanged themselves. I suggest, about two brothers who were known I appreciate the interest of my col- with all sincerity, that these three bomb makers. Can you imagine some- leagues in wanting to run the cleanest prisoners did not commit suicide to- one a greater target of the United prison system we possibly can, to com- gether, the same day, because they got States military than a skilled bomb ply with the highest ideals of the depressed over mistreatment. Most of maker who is making bombs that kill United States. I believe if they went them have gained weight and have been American soldiers on a regular basis? there and examined what was going on well treated, well fed, and given superb They caught them and they thought they would conclude, with me, that the medical care. That is not why they they had enough proof. But the mili- prisoners are being treated well, that committed suicide. They committed tary decided they didn’t. Or the court they are being given every help and di- suicide as a continuation of their com- or somebody did, and they turned them etary and religious values that they mitment to jihad and to prepare to loose. need. We should continue to do that. commit suicide to further jihad. I am telling you, those military per- Sometime in the future we will have If they had a bomb with which they sonnel and the civilians that worked to wrestle with how we are going to could have blown themselves up and with them to help build that case and handle them and maybe we can con- others, Americans or other people, to identify these bombers were really tinue to repatriate them to the coun- they would have done that. They abso- heartbroken. It was very painful for tries of origin. Maybe some actually

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The series of trials in a place called Nurem- should be taken to task for what they clerk will call the roll. berg. We made the decision at Nurem- had done, but also, critically, be af- The legislative clerk proceeded to berg that the defendants in those forded rights—the right to a fair trial, call the roll. trials—these thugs, these people who the right to have legal representation. Mr. DODD. Mr. President, I ask unan- had murdered 11 million innocents, 6 Imagine—people like Goering and imous consent the order for the million Jews because of their religion, von Ribbentrop and Keitel and Speer quorum call be rescinded. not to mention the millions more who and others—actually be given a lawyer The PRESIDING OFFICER. Without lost their lives as a result of the Nazi to represent them in a trial, so that objection, it is so ordered. war effort—would be afforded a trial in- they could stand up and make a case Mr. DODD. I appreciate the com- stead of just being summarily exe- for themselves, as Goering did for days ments of others about Guantanamo cuted. Winston Churchill advocated on end at Nuremberg. Bay and the individuals who are being summary execution, and many others Obviously, the facts are different held here. I listened to the discussion did as well. Why would you possibly here. At Nuremberg, the war was over. earlier between the Senator from give these defendants, it was asked— There was a different set of cir- South Carolina, Mr. GRAHAM, and my these thugs that I have mentioned, who cumstances. I would be the first to ac- colleague from New Mexico, Senator carried out the orders of Adolph Hit- knowledge it. BINGAMAN, and Senator SESSIONS from ler—why would you give them a trial? That is not the comparison I am try- Alabama, who discussed the issue of Why would they get a lawyer? Why ing to draw. The comparison I am try- those who are being detained in Guan- would they be allowed to present evi- ing to draw here is about the rule of tanamo and the very facility itself. dence in a court of law? law. I had thought about offering an It was the conclusion of the United We can characterize these individuals amendment on this matter, but it is States, under the leadership of people at Guantanamo in words that none of getting confusing, with the number of like Justice Robert Jackson, that the us are going to terribly argue about. amendments being offered tomorrow rule of law should be paramount. Jus- But I come back to the point that and the length of debate. Senator tice Jackson and others argued very those who were at Nuremberg, who strongly that it was going to be criti- BINGAMAN is offering an amendment made the case for the trial such as I de- which I think is worthy of consider- cally important that the United States scribed, need to be heard again today, ation. I may withhold the amendment I and others join in showing the world 60 years later. We are a nation of laws. We are dif- intended to offer until a later time, on that there is a difference between these ferent. We are not like these people another matter, when there is more of fascists—who had summarily executed who are being held at Guantanamo. an opportunity to have debate. There is people merely because of their eth- nicity or religion—and this great coun- The rule of law is something we cherish at best only a limited amount of time try of ours. in this country, even to the point we may get tomorrow for discussion. I In fact, Nuremberg was an inter- where we are willing to stand up and have been told I might have only a few esting choice for the venue of those defend the rights of people who do minutes. trials. In a sense, the Nazis chose Nur- things we find abhorrent. I regret that. I wish we had more emberg. The Nuremberg Laws created a Whenever I talk to students about time to offer this amendment. But I legal justification for every atrocity the Bill of Rights and the first amend- think in the interests of my colleagues they committed, and so having a trial ment, I tell them that it doesn’t just here, given the seriousness of the issue, at Nuremberg, trying the very people protect their rights when they say it probably deserves more time. So, I who perpetrated these crimes, was something I agree with. It is important will reserve offering that amendment somehow a fitting coincidence. also to protect those individuals who until another time when we have more I speak about this because as a child stand up and say something I totally of an opportunity to discuss it. growing up I heard night after night disagree with or find obnoxious, to put Let me, if I can, discuss some issues my father, who was the Executive Trial it mildly. that have been raised here this evening Counsel under Robert Jackson at Nur- That is the rule of law. That is what that I think are important. I have lis- emberg, speak of these days. I was 1 makes us different. That is what dis- tened to my colleagues talk about, year old in the summer of 1945 when tinguishes us. first of all, the individuals being held my father left for a few short weeks What has happened already is that in Guantanamo. We talk about people merely to be an interrogator of these there is confusion. Are these prisoners here, some of whom clearly have the defendants at Nuremberg. He ended up of war? If they are, obviously the Gene- very worst intentions for the United replacing Judge Story as Executive va Conventions prevail. If they are not States. Some of these individuals have Trial Counsel under Robert Jackson, prisoners of war but enemy combat- attacked our soldiers, attacked inno- and spent a year and a half trying a ants, the Supreme Court has ruled al- cent citizens, and pose serious threats. number of defendants at Nuremberg. ready that they have certain rights, There is no debate about that. We are He wrote my mother every single day that they have a right to appeal that not arguing about whether or not that 15 to 20-page letters describing in great status. Yet, we find that a substantial is true for many of these people. detail his views and thoughts about the number of these people are being held There may, obviously, be some excep- defendants and our allies in that effort, without any definition of who they are, tions that fall out of that category—in- the Russians, the British, the French. what their status is legally, whether or dividuals who have been improperly re- He had some choice thoughts about a not they are POWs, enemy combatants, tained or restrained and sent to Guan- number of those people who were at or something else. tanamo or elsewhere. That certainly Nuremberg. And he talked to his chil- When Senator BINGAMAN offers his may be the case. But there is no ques- dren growing up over the years about language here to get some clarity, why tion that many of these individuals are what happened at Nuremberg. is that important? I think it is impor- people to worry about. That is not the There was a great debate. In fact, tant because we are, again, a nation of issue. half of the Supreme Court argued laws. We determine that people ought The issue is: We are a nation of laws. against Robert Jackson even going. to be given one status or another. We We say this all the time. It is some- There were colleagues here who argued need some clarity as to who these indi- thing about which we take great pride. that it was ex post facto juris pru- viduals are and how they are going to We have celebrated it over and over dence—that we had no right to go back be dealt with. again. It is one of the distinguishing and create a body of law to try the de- Why do I say that? First, because we features of this great country of ours. fendants at Nuremberg. ought to care, particularly in this a

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It is criti- talk about the rule of law? the case, as General McCaffrey said in cally important that the United States We have all learned painfully when talking about Guantanamo, close it not only lead on this issue but that you begin to disregard the rule of law down. He said he would like to close it other nations around the world and because you don’t like the individuals down, and others believe as well that their citizenry following us, join us, if that you want to apply it to, it comes we ought to find other venues to deal you will, in this effort. back to hurt all of us. with these issues as well as, of course, Today, as I speak about this issue— Those who made the case more than determining the legal status of these unfortunate symbols are important. 50 years ago at another place in an- individuals so we can move on and Guantanamo has become a symbol of other set of circumstances but facing again build the kind of coalitions nec- things that have gone wrong without the same criticism—the emotional re- essary to have a successful coalition to clarity, without definition, and that sponse was certainly warranted. The fight the war on terrorism. lack of clarity is hurting our cause. Nazis brutalized people, incinerated I yield the floor. I suggest the ab- As we try to build a coalition, it is millions, and certainly lit passions sence of a quorum. crucial that we win support for what that said, Why would you ever give The PRESIDING OFFICER. The we are trying to achieve. Without al- that kind of individual a lawyer and a clerk will call the roll. lies in this effort, we will never ever right to present a case? And you can The legislative clerk proceeded to win this war on terrorism. It is a understand the emotions that people call the roll. transnational problem that insists felt at the time—to give them the right Mr. SESSIONS. Mr. President, I ask upon a transnational response. to present a case? Did they ever give unanimous consent that the order for It is critically important that we un- any of their victims a right to present the quorum call be dispensed with. derstand the necessity of building the a case in the incinerators of Buchen- The PRESIDING OFFICER. Without kind of relationships that are going to wald or Dachau? They never did. Why objection, it is so ordered. be absolutely critical if we are going to should we do it now? Mr. SESSIONS. Mr. President, I ap- succeed in this effort, as I believe we Because people stood up and said we preciate the eloquent remarks of my must. We have no choice but to succeed are different than they are. That is colleague and his sharing of insight in this effort. why we insist upon the rule of law. into Nuremberg and a number of But to disregard the feelings or senti- Today, we need to remind ourselves— thoughts that he shared with us about ments of others on whom we must sup- conservative, liberals, centrists—who the rule of law, which I think is very port and depend in the future, if we are we are. The rule of law unites us. It important. going to succeed in this effort, is some- ought not divide us when we have these I note that at Nuremberg they tried thing that ought not to be lost on the debates and discussions. and executed quite a number of people membership of this institution. Guantanamo has unfortunately be- who conducted their war unfairly, in I am deeply concerned about the di- come a symbol of things that need to an unlawful way and went beyond rection we are heading here, one that is change. being prisoners of war. They were, in lacking clarity, any clarity at all, in The President himself, to his credit, fact, tried for crimes that they had dealing with these individuals that are a week or so ago in a press conference committed. being held. What is their status? Is it on June 14, acknowledged that fact. He I also say to my colleague with great one thing or do we need a determina- said: sincerity that we are respecting the tion of that. No question, Guantanamo sends . . . a sig- rule of law. These individuals that are The administration I think bears the nal to some of our friends . . . provides an caught and held at Guantanamo, some responsibility to come forward and say excuse, for example, to say, ‘‘The United may qualify as a prisoner of war, many what the status is. Just saying we are States is not upholding the values that do not. They are what I have called— going to hold people without some clar- they’re trying to encourage other countries others used enemy combatants—unlaw- ity is not good enough. If you want to to adhere to.’’ He also stated clearly that he ful combatants because they were car- hold them, fine. Decide what they are. ‘‘would like to close Guantanamo.’’ rying out combat in an unlawful way. Are they prisoners of war? If they are, That was the President of the United They did not carry arms openly. They then that is one set of circumstances. States. I am not making a case on my did not wear a uniform. They moved If they are not prisoners of war but own. He recognizes what is happening surreptitiously. They killed randomly enemy combatants, that is a different with the symbol of Guantanamo, and women, children—actions that deny set of criteria that applies. But the how difficult it is to build the kind of them the status of a lawful combatant rule of law must apply. relationships that are critical if we are and a prisoner of war. They are then The criticism we are receiving here is going to succeed as we must in this war held, if nothing else, certainly with that again we just do not have any def- against terrorism. legal protection because the Geneva inition. This ought not be an issue that I am not going to be offering an Conventions cover people who are law- divides us and people trying to inflame amendment. I think there is not ade- ful combatants, who wage war for le- the passions of others: Who cares more quate time to debate and discuss these gitimate nations in a legitimate way. about terrorism or who is willing to things at this late hour in the evening. Mr. DODD. Mr. President, if the Sen- stand up and fight against terrorism But I will find an opportunity at the ator will yield, it is an interesting more than anyone else. That is not the appropriate time to raise the issue. point. Going back, there was a body of issue. The issue is the rule of law which I hope we can build a broad, bipar- law that had emerged prior to Nurem- joins people of different political per- tisan consensus on these points. We berg that, in fact, those who advocated suasions but of like mind about insist- ought not have division over the rule of that there should be a trial at Nurem- ing that the rule of law be applied. law; to get clarification about how we berg relied on a point. But one of the That has never divided us. When we talk about POWs, enemy combatants, great crimes that was argued against move that important criteria, that im- and what the status of these people is was crimes against humanity at Nur- portant definition of who we are as because different sets of rules apply. emberg. Many argued that this was Americans—the rule of law—and en- Having no status at all and not fitting sort of making it out of whole cloth. I gage in this sort of demagogic debate into one category or another is some- don’t think it was. But that was de- about who cares more about terrorism, thing that ought to be unacceptable to bated at the time. or you don’t care about terrorism at all of us. The people who my colleague de- all, if you are only willing to talk I think having a facility that has be- scribed as committing crimes against about the rule of law, that somehow come the symbol of something which humanity, it clearly seems that those makes you weak on this issue, that you none of us believe we stand for—we who were not enemy combatants in the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6147 traditional definition of that word but Mr. DODD. If my friend will yield The fact situations are very different engaged in the kind of brutality further, I am sure he is a good lawyer. between the end of a conflict and an against humanity, today there is a In the Rasul v. Bush case in 2004, of ongoing conflict and how you deal with codified body of laws that would cer- course, the Supreme Court ruled ‘‘a it, but the rule of law does deserve tainly make those people subject to state of war is not a blank check for stronger support than I am afraid we international law let alone our own the President,’’ and ‘‘enemy combat- are giving. That is my concern. kind of crimes. ants have the right to challenge their Mr. SESSIONS. I thank the Senator. The point I am trying to make is, it detention before a judge or other neu- I believe care has been taken to com- just gives it some clarity. What are tral decisionmaker.’’ ply with the Supreme Court cases. The they? What is the legal status in that That took a court case basically Department of Defense has gotten the category? If you are a POW, there is going to the highest Court of our system in a way that has a combatant one set of laws that apply. If you are an land—I don’t know what the ruling status review tribunal and an adminis- enemy combatant, there is a set of was, 5 to 4 or 6 to 3—and they ruled in trative review board, and there have laws and regulations that apply. If you that case enemy that combatants have been multiple hearings. The Depart- are a non-enemy combatant and have a judicial right to challenge their sta- ment is giving these prisoners—wheth- engaged in the very activities my col- tus. er they are prisoners of war, lawful or league described, what is the law that All I am saying, I am not trying to unlawful combatants who are being de- applies to those individuals under determine the outcome, just what is tained—the rights to which they are those circumstances? There is no sta- the status for the people to be detained entitled. I really do believe they have. tus at all being attributed to these peo- or moved other places. That is the only concern I have about ple. They are in limbo. That is what I Our highest Court has said it is not a the perception that might be out there, am concerned about. blank check, that they have a right to even around the world, that we are act- Mr. SESSIONS. Mr. President, I cer- make a case. I don’t want to be seen as ing outside the rule of law. I do not be- tainly respect the Senator’s thoughts perceiving—because I am saying they lieve that is so. about that. I must follow up a little have a right to make a case, do I like f bit. these people? Am I trying to befriend First, what happened at Nuremberg them? I am saying the rule of law has MORNING BUSINESS happened after the war was over. to apply. Mr. SESSIONS. Mr. President, I ask Mr. DODD. I agree. We are different. That is what makes unanimous consent that there now be a Mr. SESSIONS. We held German pris- us different from these people. These period of morning business, with Sen- oners in the northern campus of the people would never give their victims a ators permitted to speak for up to 10 University of Alabama where I lived right to a judicial system proceeding as minutes each. when I was in law school. They had they engage in the kind of activity my The PRESIDING OFFICER. Without German prisoners there during World colleague from Alabama properly de- objection, it is so ordered. War II. But what I want to try to reassure scribed. f What makes my colleague from Ala- my colleague about is that we do have CELEBRATE WEST VIRGINIA a proper procedure that is ongoing. For bama, and I hope myself and our col- Mr. BYRD. Mr. President, on June 20, example, we have defined these as com- leagues, different is this very point the 1863, a new State was added to the batants. We give them a combatant Supreme Court made. Even these Union. Today, 143 years later, we cele- status review tribunal when they come enemy combatants have the right to brate the birthday of West Virginia. I in. They are reviewed in that fashion. make a case before a judge or other am always happy to have an excuse to They have a three-judge panel. They ‘‘neutral decisionmaker,’’ that the share my love for West Virginia with actually go beyond the requirements state of war is not a blank check for the rest of the Nation. that the U.S. Supreme Court said in the President. That is the point I am The story of West Virginia is unique the Hamdi case. trying to make. I am not trying to In addition to that, they created an characterize the people in any other and fascinating, a one-of-a-kind jux- Administrative Review Board that, on way than what my colleague has de- taposition of geography, history, and an annual basis, must make an assess- scribed. politics. It is a story as interesting as ment of whether there is continued The point the Senator and I need to the State is beautiful. reason to believe that the enemy com- come together on is the rule of law. The steeply folded mountain ridges batant poses a threat to the United That is all I am trying to suggest. I that define the southern edge of the States or its allies, or whether there don’t have an amendment to offer, but State, and her rich mineral and natural are other factors bearing upon the need we have to find this common ground on treasures that more than made up for for the kind of detention, including its this issue because it is who we are. It is her paucity of flat agricultural terrain, enemy combatant intelligence value in what we want the world to know and defined her early years and set her the gulf war on terrorism. appreciate what the United States is. apart socially and economically from For example, in the first year of That is really what did so much for us the rest of Virginia. West Virginia’s those Administrative Review Board in the wake of World War II where we natural attributes attracted a hardy, hearings, there were 330 decisions to became this symbol of nations that rise can-do breed of opportunistic settlers continue to detain the prisoners, 119 above their passions and their emo- determined to scratch a living for their decisions to transfer them to other ju- tions. families from her rocky hillsides. They risdictions, other countries perhaps, or He is absolutely right on Nuremberg. mined salt and coal, hunted and possibly other countries, and 14 release Several people got limited sentences, trapped, and cut small family farms decisions. This second year, to date, some got off, and many got executed, out of the hillsides. These mountain- the review board had 12 findings of con- as they should have, but it went eers had little in common with the tinued to detain, 6 transfers, and no re- through a legal process. To read those gentrified, land-owning and slave-own- lease decisions. transcripts, where people went on and ing plantation masters of eastern Vir- At least there is a procedure. In re- talked as Goering—I am tempted to ginia’s tidewater and piedmont regions. sponse to criticisms in the Congress, draw the comparison of Goering to Thus, even as the issue of slavery around the word, in response to the Su- Saddam Hussein, who talks endlessly. began to strain the relations between preme Court decision, they have taken Goering did almost the same, and there the Nation’s industrial North and her it carefully because the military is was concern by some that he might agricultural South, the contrasts with- proud of its standards. The military have gotten away had it not been for a in Virginia were sharp. wants to do this right. But they have a very aggressive prosecution. A child of conflict, West Virginia’s responsibility not to release those who It was the rule of law, and how proud birth was surprisingly peaceful. Before should not be released as they continue these people were that showed the the Civil War, the Commonwealth of to pose a threat to the security of our world—and the United States led—we Virginia was a large State, fraught Nation. were different. with its own internal divisions, based

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6148 CONGRESSIONAL RECORD — SENATE June 20, 2006 largely on geography and economics. happen in the case of West Virginia. studios. Quilts, carvings, paintings, The eastern coastal plains and pied- Virginia had seceded from the Union pottery and glass are but a few of the mont regions, with their large planta- and was not, in any case, receptive to selections. tion economies, had much in common the idea of losing any part of its terri- Larger commercial firms are also fa- with the secessionist Southern States, tory to the Union. Since President Lin- mous for their fine artistry. In honor of while the mountainous Blue Ridge and coln had recognized the Restored Gov- West Virginia’s birthday, each year the Appalachian western portions of the ernment of Virginia as the legal gov- Blenko Glass Company of Milton, WV, State were populated by small farmers ernment of Virginia, it granted permis- produces a limited number of special and woodsmen who had little use for sion to itself on May 13, 1862, to form edition pieces—the number equaling the practice of slavery. Thus, when the the State of West Virginia. the number of years the State is cele- convention was held in Richmond, VA, The U.S. Congress approved the West brating. The 2006 edition consists of 143 on April 17, 1861, to decide on Union or Virginia statehood bill after amending glass vases, each 11 inches high in a secession, the farmers and businessmen it to assure that another slave State blending jungle green base that fades of western Virginia held with the was not created. The Senate passed the to a topaz gold mouth, rimmed in co- North on the slavery question and the West Virginia Statehood Act on July balt. The beautiful commemorative eastern half of the State held with the 14, 1862, and on December 10, 1862, the vase this year was designed by Hank South. The matter was put to a state- House of Representatives followed suit. Murta Adams. What a lovely way to wide vote. Led by Clarksburg’s John S. President Lincoln signed the bill into mark a special day. Carlile, Western delegates marched out law on December 31, 1862. On March 26, West Virginia is a special place. It of the Secession Convention and vowed 1863, the citizens of the 50 counties ap- may seem a little out of the way, but it to form a State government loyal to proved the statehood bill, and on June is surprisingly close to many of the the Union. 20, West Virginia was officially estab- population centers on the east coast. It From May 13–15, 1861, another con- lished. The Restored Government of is full of quiet, peaceful spots—small vention was held, this one in Wheeling. Virginia, with Pierpont continuing as towns with friendly people and breath- Delegates from western Virginia de- Governor, moved to Alexandria, VA, taking vistas of scenic beauty. It has cided to wait for the results of the from Wheeling, now that Wheeling was churches and music, small farms and statewide vote, which approved Vir- no longer in Virginia but in West Vir- mills, rushing whitewater and still ginia’s secession from the Union on ginia. ponds. West Virginia is a place for fam- May 23. After the statewide vote, it The naming of West Virginia was ily exploration, a place where it is easy was proposed that delegates from the also up for debate. Several possibilities to pull off the road and reenter the western counties be elected to a con- were debated, including Kanawha, New past, to stop and meet a craftsman at vention to decide the matter for them- Virginia, Western Virginia, Alleghany, work, or just to eat a sandwich under a selves. The convention, conducted in Columbia, and Augusta, before the shady tree beside a cool stream. The Wheeling from June 11–25, 1861, estab- name of West Virginia was adopted by more adventurous families might enjoy lished a Restored, or Reorganized Gov- a majority of 30 votes. The runner up some of the whitewater rafting that ernment of Virginia. Francis H. was Kanawha, which garnered just nine West Virginia is famous for, or rock Pierpont was elected Governor. Presi- votes, including that of Mister James climbing, or paddling a canoe down a dent Lincoln recognized the Restored Henry Brown of Kanawha. river canyon while watching for eagles Mr. President, these few facts are but Government as the legitimate govern- overhead. You do not need to go on a a drop of water in the lake of West Vir- ment of Virginia, and senators and rep- crowded, canned cruise or to a hot, ginia’s history. I invite the Nation to resentatives were chosen to represent line-filled amusement park to find en- come and discover more in person. Our the pro-Union Virginia. joyment. Just come to West Virginia history runs deep, from the fossils hid- In October 1861, residents of 39 coun- and you will learn to love it as I do. den in the coal seams and rocks to the ties in western Virginia approved the Roy Lee Harmon wrote a poem about misnamed New River, which is, iron- formation of a new Unionist State. A West Virginia that I would like to close ically, among the oldest rivers on the Constitutional Convention met in with. Roy Lee Harmon was from Boone continent. There are historic sites Wheeling from November 1861 to Feb- County and lived in Beckley for many across the State from frontier forts to ruary 1862. At the convention, dele- years. He held the post of State Poet Revolutionary War and Civil War bat- gates selected counties to be included Laureate from 1937 until 1978, some 41 tlegrounds. in the new State. In all, 50 counties years, becoming the Poet Laureate were selected. Five additional West West Virginia boasts an extensive park system that preserves the natural Emeritus in 1979. He wrote six books of Virginia counties—Mineral, Grant, poetry before he died in 1981. In his last Lincoln, Summers, and Mingo—were beauty of the State for all to enjoy. Fairs and festivals celebrate food from book, published in 1978, he noted that formed after statehood to bring the after suffering from a long illness, total number of counties in West Vir- apple butter, blackberries, ramps, grapes, molasses and maple syrup. when he died, ‘‘I shall thank God of all ginia to its current 55. creation who has allowed me to live so Some eastern and southern counties Sternwheelers, dulcimers, and even long in my beloved hills of West Vir- did not support statehood but were in- George Washington’s bathtub merit ginia and write my poems.’’ I wish the cluded in the new State for political, their own festivals. People are not ig- State and all of her inhabitants, my be- military, or economic reasons. The nored, either, as festivals celebrate pio- loved Mountaineers, best wishes for an- mountain range west of the Blue Ridge neers and indians, Black history and other year of happiness in their moun- became the eastern border of the new Celtic culture, as well as the heritage tain fastness. Happy Birthday, West State, to provide a natural barrier to a of counties and countries from Ireland Virginia, and may God continue to Confederate invasion which many to Italy, Greece to Lebanon. Music, bless you for another 143 years. feared. The secessionist Eastern Pan- from Appalachian string bands to blue- handle counties were included in order grass to gospel, comes in for its share WEST VIRGINIA to control the important Baltimore of the fun. And the great natural treas- This was no land for lily-fingered men and Ohio railroad line. The inclusion of ures of West Virginia are not forgotten. Who bowed and danced a neat quadrille, secessionist counties in the new State There are festivals and jubilees for In towns and cities far beyond the ken trees, rivers, birds, mountains, marble, Of mountaineers—who loved each rock and made for a certain amount of tension rill. and any number of fascinating war sto- coal, oil and gas, and even monarch butterflies. One can hardly mention It was a place for lean, tall men with love ries. For freedom flowing strongly in their veins, Perhaps the most interesting war West Virginia without thinking of the For those attuned to vagrant stars above, story involves the proclamation of State’s great craftsmen and women, re- To rugged peaks, deep snows, and June-time West Virginia as a State. The U.S. Con- nowned for stunning handmade prod- rains. stitution requires that a new State ucts that are featured in many fairs And so our State was whelped in time of gain approval for its establishment and festivals as well as being available strife from the original State, which did not throughout the State in galleries and And cut its teeth upon a cannon ball;

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6149 Its heritage was cleaner, better life, ing loved ones is always devastating. word of the untimely death of LTC Within the richest storehouse of them all. Following those accidents, the Nation Charles Munier of Wheatland, WY, With timber, oil and gas and salt and coal, finally focused on what West Virginia while serving his country in the war on It bargained in the world’s huge market- has long known—we must improve terrorism. Lieutenant Colonel Munier place. mine safety. Currently, 40,000 direct passed away on Monday, June 12, 2006, The mountain empire reached a mighty goal; jobs are supplied by the coal industry’s at Walter Reed Hospital following a It never ran a pauper’s sordid race. influence in the State. This month, the stroke suffered while serving in Af- And best of all, it sire a hardy flock MINER Act was signed into law by ghanistan where he was helping to Whose fame will grow with centuries to be, Tough as a white-oak stump or limestone President Bush. This momentous step train the Afghan army. rock, in mine safety legislation will bring Lieutenant Colonel Munier served in The mountaineers who always shall be free. greater safety to the brave men and Wyoming National Guard as facilities (At the request of Mr. REID, the fol- women who work in the mines. The im- manager for Camp Guernsey, Wyo- lowing statement was ordered to be portant role coal plays in the culture, ming’s training center for both Guard printed in the RECORD.) economy, and history of West Virginia and Active-Duty military. He is re- ∑ Mr. ROCKEFELLER. Mr. President, cannot be understated. The jobs pro- membered by his brother soldiers as a today, I am honored to celebrate the vided through the coal industry con- pivotal member of the Camp Guernsey great State of West Virginia. June 20, tribute to the well-being of thousands staff and an outstanding officer who 2006, commemorates; the 143rd birthday of West Virginians, they increase State took his duties as a citizen soldier very of the ‘‘Wild and Wonderful’’ State of development, and they enhance the seriously. In his civilian life, Lieuten- West Virginia marking a milestone in economic vitality of the State. It is our ant Colonel Munier worked for the both national and state history. responsibility to make sure that min- Platte County Sheriff’s Office as the The historical importance of West ers are safe, secure, and protected. jail administrator. Virginia should not be underestimated. In addition to some of the hardships Lieutenant Colonel Munier epito- Born in 1863 out of the turmoil of the our State has faced since its 142nd mized the ethos of the citizen soldier. Civil War, it has become synonymous birthday, we also have a lot to cele- He did not hesitate to put down the with dedication, hard work, and integ- brate: The Toyota Motor Manufac- plowshare and pick up the rifle when rity. West Virginia emerged as a turing Plant located in Buffalo, WV, his country needed him. It is because of staunch supporter of individuality, recently celebrated its 10th anniver- people like Charles Munier that we freedom, and tolerance. The common sary. Since its inception in 1996, the continue to live safe and free. Amer- experience of the Civil War forged a plant has expanded five times and has ica’s men and women who answer the unique bond of fraternity and camara- been the single most productive engine call of service and wear our Nation’s derie between its citizens. The com- and transmission facility in all of uniform deserve respect and recogni- mendable citizens of our great State North America for 4 consecutive years. tion for the enormous burden that they exemplify all of the aforementioned at- In 1996, 350 jobs were provided by the willingly bear. They put everything on tributes through their unending com- Toyota plant. By 2007, it is estimated the line every day, and because of these mitments to their jobs, communities, that 1,150 workers will be employed by folks, our Nation remains free and and families. the organization. strong in the face of danger. People, however, are not the sole at- Additionally, the West Virginia Uni- Lieutenant Colonel Munier is sur- traction to the State. The West Vir- versity football team won the right to vived by his wife Nancy, his daughter ginia experience is transforming and participate in the 2006 Sugar Bowl in Victoria Rice, and her husband Tim, mesmerizing. Visitors from around the Atlanta, GA. In a stunning victory, the and his brothers and sisters in arms of world enjoy the vibrantly lush forests, West Virginia University Mountaineers the Wyoming National Guard. Today clearly flowing streams, and majestic upset the University of Georgia Bull- we say goodbye to a husband, a father, snow-capped mountains, which provide dogs 38 to 35. The Mountaineers fin- and an American soldier. Our Nation excellent outlets for recreational activ- ished the season ranked fifth overall in pays its deepest respect to LTC Charles ity. Hiking, mountain biking, hunting, the Associated Press poll tying the E. Munier for his courage, his love of fishing, whitewater rafting, skiing, and highest ranking in school history. country, and his sacrifice, so that we golfing are just a few of the amenities I am proud to represent West Vir- may remain free. He was a hero in life, provided in the treasure that is West ginia. I am proud to live in West Vir- and he remains a hero in death. All of Virginia. ginia, and I am proud to be called a Wyoming and, indeed, the entire Na- The culture of West Virginia rivals West Virginian. Today, it is my great tion are proud of him. nature in beauty and intensity. Music, honor to celebrate and commemorate history, pottery, glass, and storytelling the 143rd birthday of the ‘‘Wild and f make up a patchwork quilt of extraor- Wonderful’’ State of West Virginia.∑ INSTABILITY IN SOMALIA dinary experiences. Each individual, young or old, visitor or native, is f Mr. FEINGOLD. Mr. President, given wrapped warmly into West Virginia’s VOTE EXPLANATION the continuing instability in Somalia, comforting blanket of culture and the growing tensions between the Mr. JOHNSON. Mr. President, I identity. Transitional Federal Government and The West Virginia motto, ‘‘Moun- would like the RECORD to reflect that I the Islamic Courts Union, ICU, and the taineers are always free,’’ rings was necessarily absent on Monday worsening humanitarian conditions throughout the State with resounding June 19, 2006, for rollcall vote No. 175, throughout the country, it is more es- force. Jerry West, Pearl Buck, Chuck the confirmation of the nomination of sential than ever that the U.S. Govern- Sandra Segal Ikuta, of California, to be Yeager, and Senator ROBERT C. BYRD ment and the international community are just a few of the influential people U.S. circuit court judge. Unfortu- engage fully in efforts to bring about a of our time from West Virginia. As of nately, my flight from South Dakota peaceful solution to the conflict that to Washington, DC, was delayed due to June 12, 2006, Senator BYRD has had the has plagued Somalia for more than 15 distinction of being the longest serving bad weather. Had I been present for years. Senator in U.S. history. Clearly, West this vote, I would have voted in favor Most immediately, it is essential Virginia has provided and continues to of the nomination. that the ICU recognize the legitimacy provide successful and inspiring indi- f of the TFG and that it engage in good- viduals to the world. faith efforts to support the TFG’s role Sadly, West Virginia has seen great HONORING OUR ARMED FORCES and authority as Somalia’s legitimate tragedy in the last year: In four sepa- LIEUTENANT COLONEL CHARLES E. MUNIER Government. The ICU must take imme- rate mining accidents, 19 miners have Mr. THOMAS. Mr. President, I wish diate actions to begin assisting the lost their lives. Coal production is today to express our Nation’s deepest TFG to extend its authority to woven into the fabric of our State. thanks and gratitude to a special man Mogadishu, and it must do so in a While we always knew of the risks, los- and his family. I recently received transparent and expeditious manner.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6150 CONGRESSIONAL RECORD — SENATE June 20, 2006 The international community must have worked diligently to restrict our ing prayer every morning. Our public also play a productive—and more ag- rights to express our religious beliefs buildings and monuments honor this gressive—role. The United Nations under the guise of separation of church heritage through various depictions of must address this issue immediately and state. the basic moral foundations of our laws and must make the necessary decisions Many of the court decisions that and system of government. and actions to allow for every option have broadened Americans’ first My point is that you simply cannot and tool for establishing stability in amendment right to free speech, over- divest God from our country. Despite Somalia to be pursued. It is clear that reach. In an effort to promote toler- the actions of these activist judges, our both regional and international efforts ance, religious expression is in fact, country has no foundation without a must be strengthened and coordinated being censored. basic recognition that God invests us more effectively, and we must heed the Our Founding Fathers proclaimed at birth with basic individual rights— calls of international humanitarian or- liberty to be an unalienable right be- such as the blessings of liberty—that ganizations on the ground for addi- stowed by our Creator—‘‘We hold these we all enjoy as Americans. tional humanitarian assistance to in- Truths to be self-evident, that all men Again, I believe that the courts have creasingly vulnerable populations are . . . endowed by their Creator with exceeded their power. They have over- there. certain unalienable rights, that among reached. To that end, I have introduced Somalia’s neighbors must be cau- these are Life, Liberty and the Pursuit the Constitution Restoration Act. This tious and patient as conditions within of Happiness . . .’’ Yet unelected, ac- legislation recognizes the rights of the Somalia continue to change. Somalia’s tivist judges are rewriting history. States and the people as embodied in neighbors must play a supportive role They have decided that, in fact, the the Declaration of Independence and to the efforts of the TFG, the United Founding Fathers did not intend for the Constitution—9th and 10th amend- Nations, and the African Union to se- there to be freedom of religious expres- ments—to acknowledge God. cure peace. Hasty, aggressive, or med- sion but, rather, freedom from reli- The Constitution Restoration Act dling actions could undermine or fur- gious expression. goes to the very foundation of our ther complicate efforts to find a polit- Thirty years of public opinion polls country and the legitimacy of our sys- ical solution to the stand-off between have shown that more than 75 percent tem of government. Thomas Jefferson the TFG and Islamic Courts Union. All of Americans support a constitutional in his first inaugural address said that international actions relating to Soma- amendment to protect voluntary ‘‘The wisdom of our sages and the lia must be coordinated, and activities school prayer. However, the Supreme blood of our heros have been devoted to that may undermine current efforts Court has said such an act violates the [the] attainment’’ of our liberty and there must not be tolerated. constitutional separation of church form of government. Finally, the U.S. Government must and state—again, another act that If we are to maintain our form of take instability in Somalia seriously. forces freedom from religious expres- government, we must ensure that ac- Just last week, Ambassador Hank sion rather than freedom of religious tivist judges are not permitted to take Crumpton, the State Department’s co- expression. away our religious liberties. The very ordinator for counterterrorism, testi- It is not simply this decision but a foundation of our government cannot fied in front of the Senate Foreign Re- growing and disturbing trend in our and should not be expunged from public lations Committee and said that the Federal courts to deny the rights of view—an unelected Federal judiciary State Department has only one full- our States and our citizens to acknowl- should not be allowed to outlaw all time Foreign Service officer, based in edge God openly and freely. In fact, re- public acknowledgments of God. We Nairobi, working on Somalia-related citing the words ‘‘one Nation under must protect our very basic freedom of issues. The administration has failed to God’’ in the Pledge of Allegiance has religious expression. create a strategy for Somalia and is been ruled unconstitutional as has dis- Mr. President, I encourage my col- only now, after years and years of in- playing the Ten Commandments in a leagues to work with me to protect stability and chaos throughout the State building in my home State of this basic freedom by supporting the country, engaging in international ef- Alabama. These tortured legal deci- Constitution Restoration Act. forts to address some of the problems sions distort our Constitution, our Na- Somalia faces. The administration tion’s history and its tradition in an ef- f must create one sound policy frame- fort to secularize our system of govern- ment and divest morality from our rule work to support stabilizing and re- DRY EYE AWARENESS MONTH building Somalia within which all U.S. of law. Government activities can be coordi- We simply cannot divest God from Mr. DAYTON. Mr. President, today I nated. It must also appoint a senior- our country. Our country has no foun- rise to call attention to an important level coordinator to manage the multi- dation without a basic recognition that but often overlooked chronic illness: faceted challenges that conditions in God invests us at birth with basic indi- dry eyes. The Sjo¨ gren’s Syndrome Somalia pose to both the United. vidual rights that we all enjoy as Foundation and National Women’s States and the international commu- Americans. In fact, our Government Health Resource Center have declared nity. and our laws are based on Judeo-Chris- July Dry Eye Awareness Month. Past efforts have been insufficient. It tian values and a recognition of God as Every year, chronic dry eye syn- is past time to take the deteriorating our Creator. drome affects nearly 10 million Ameri- conditions within Somalia seriously, Our motto is ‘‘In God We Trust.’’ It is cans of all ages; many sufferers will go and we must do so immediately. Re- enshrined on our currency. undiagnosed. Without tears, good vi- cent developments in Somalia threaten Our national anthem recognizes our sion is impossible. Dry eye syndrome to destabilize the entire region and motto as ‘‘In God is Our Trust.’’ can cause devastating symptoms, in- plunge Somalia further in to despair. As Federal officials, each of us has cluding constant pain, an inability to We can help prevent this if we act now. taken an oath of office. The President focus, and, in severe cases, serious vis- f takes a similar one. State and local of- ual impairment. It can significantly af- ficials and our military personnel all fect a person’s quality of life, increas- RELIGIOUS FREEDOM swear a similar oath. Jurors and wit- ing the risk of problems with reading, Mr. SHELBY. Mr. President, I rise nesses in our State and Federal courts professional work, computer use, and today to discuss the issue of religious take an oath as do witnesses before night driving. freedom. The freedom to believe and Congress. We all swear to uphold the Americans suffering with dry eye worship how one chooses is essential. Constitution or tell the truth, ‘‘so help syndrome either do not produce enough However, as we strive for greater reli- me God.’’ tears, or have poor quality tears and/or gious freedom and tolerance through- Our courts, including the Supreme excessive tear evaporation. Either out the world, we have witnessed activ- Court, recognize God in their official problem causes their eyes to sting and ist judges chip away at our own reli- proceedings, both the House and Sen- burn, feel scratchy, become irritated, gious freedoms. These activist judges ate acknowledge God through an open- or excessively tear. Most people with

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6151 dry eye find the condition to be an un- the support and care of our young peo- clubs across our Nation, for the impor- comfortable nuisance, with many char- ple benefits American society, one boy tant work they do to help our young acteristics of a ‘‘chronic pain’’ type of and one girl at a time. The Boys and citizens become exceptional adults. syndrome. Girls Clubs have proven that when we f One study showed that dry eye pa- show our young people that we care tients experienced an average of 184 about them and that we care about ADDITIONAL STATEMENTS days of reduced productivity in a year. their futures, they respond with posi- Although dry eye syndrome cannot be tive and constructive actions in their 100TH ANNIVERSARY OF cured, there are a variety of available communities. BENEDICT, NORTH DAKOTA treatments. However many people with We also know the Boys and Girls dry eye continue to suffer needlessly Clubs provide a healthy alternative for ∑ Mr. CONRAD. Mr. President, today I because they are unaware of their op- many young people and oftentimes pre- wish to recognize a community in tions. Both dry eye and Sjo¨ gren’s seri- vent them from being drawn into North Dakota that will be celebrating ously endanger women’s health. gangs, drug abuse, and other crime. its 100th anniversary. On July 3, the Sjo¨ gren’s syndrome is a painful and The clubs instill leadership qualities, residents of Benedict will gather to cel- debilitating autoimmune disease which respect, and thoughtfulness in partici- ebrate their community’s history and causes the immune system to attack pants through programs that include founding. its own lubricating glands, such as tear art, athletics, help with schoolwork, Benedict was founded in 1906 as a and salivary glands. Sjo¨ gren’s is one of technology, life skills, training in re- stop on the Soo Line Railroad. The the most prevalent autoimmune dis- sistance to drugs and alcohol, and com- name of the town was derived from the orders, and although it affects people munity service. In providing these val- Order of St. Benedict, the order to of all ages, 9 out of 10 patients are uable programs during critical develop- which most of the Catholic priests in women, and the average age of onset is ment periods when young people are the area belonged. late forties. The hallmark symptoms most vulnerable, the Boys and Girls Today, Benedict remains a small, are dry eyes and dry mouth, but Clubs fill a void and reduce the oppor- pleasant agricultural town. The farm- Sjo¨ gren’s may also cause dryness of tunity to succumb to negative influ- ers in the area farm mostly wheat, other organs, affecting the kidneys, GI ences. The Boys and Girls Clubs rep- canola, and sunflowers, and the town tract, blood vessels, lungs, liver, pan- resent the best of what communities contains the prosperous McLean Eleva- creas, and the central nervous system. can do to improve the lives of their tor, which draws customers from the ¨ Patients with Sjogren’s syndrome are young people. surrounding area. The Concordia Lu- also 40 times more likely to develop I know firsthand how well Boys and theran Church continues to be the cen- lymphoma. Girls Clubs work and what topnotch or- ter of town life. Marking July as Dry Eye Awareness ganizations they are. When I was a To celebrate their centennial, the Month will bring more attention to prosecutor in Vermont, I was con- people of Benedict have planned a num- this widespread and potentially debili- vinced of the great need for Boys and ber of events, including a lawnmower tating condition. I thank the Min- Girls Clubs because we rarely encoun- pull, children’s games, and a parade. nesota members of the Sjo¨ gren’s Syn- tered children from these kinds of pro- Mr. President, I ask the Senate to drome Foundation and the National grams. In fact, after I became a U.S. join me in congratulating Benedict, Women’s Health Resource Center for Senator, a police chief was such a big ND, and its residents on their first 100 bringing this issue to my attention and fan that he asked me to help fund a years and in wishing them well thank them for their efforts to educate Boys and Girls Club in his district through the next century. By honoring the public about this serious health rather than helping him pay for a cou- Benedict and all the other historic concern. ple more police officers. small towns of North Dakota, we keep f Over the years, I have worked with the great pioneering frontier spirit THE BOYS AND GIRLS CLUBS OF other members of the Senate to make alive for future generations. It is places BURLINGTON, VERMONT sure the Boys and Girls Clubs around such as Benedict that have helped to Mr. LEAHY. Mr. President, as the the country have the funding necessary shape this country into what it is Burlington, VT, Boys and Girls Club to carry out their mission. Since 1998, today, which is why this fine commu- prepares to begin an ambitious capital we have worked to steadily increase nity is deserving of our recognition. fundraising campaign this summer, I Federal funding for the Boys and Girls Benedict has a proud past and a ∑ am proud to give my strong support to clubs each year. This year, as the bright future. this important organization. As a long- chairman and ranking member of the f Judiciary Committee, Senator SPECTER time supporter of this organization in 100TH ANNIVERSARY OF TOLNA, and I have recommended $80 million in Vermont and across the country, I wish NORTH DAKOTA them the best of success in their ef- funding to help keep this organization ∑ forts, and I commend them for striving a strong and vital part of their commu- Mr. CONRAD. Mr. President, today I to continually improve their organiza- nities, from coast to coast. As a senior wish to recognize a community in tion and Vermont’s communities. member of the Appropriations Com- North Dakota that will be celebrating Through this campaign, the Bur- mittee, I look forward to seeing that its 100th anniversary. On July 6 to 8, lington Boys and Girls Club plans to these funds are appropriated for this the residents of Tolna will gather to strengthen its resources with the addi- important work. celebrate their community’s history tion of high-speed Internet access at Represented in all 50 States, the 3,700 and founding. the club, as well as a multimedia cen- branches of the Boys and Girls Club Tolna’s history began in May 1906, ter where members can become pro- reach more than 4.4 million young peo- when D.B. Tallman founded the town ficient in current technology. This is a ple. The Boys and Girls Club of Bur- as a stopping point for trains on the critical component of success for young lington alone serves more than 1,400 Great Northern Railroad. Tallman’s people in our increasingly techno- young people each year. Through con- daughter could not pronounce the logical society. The club will also rein- tinued funding, Boys and Girls Clubs name ‘‘Tallman,’’ so they named the force its dedication to creativity around the country will serve 6 million town ‘‘Tolna’’ after the way she pro- through the addition of a visual and young people by January of 2007. The nounced it. The town grew quickly and performing arts space where members growth of these clubs across our coun- was settled mostly by German and Nor- will be able to pursue their artistic ex- try has been a true success story, and wegian immigrants, many of whose de- pression. These are just a few of the ad- I am proud to work to ensure the Fed- scendants live in Tolna today. mirable goals set out for this cam- eral Government’s continued support. Tolna remains an active and involved paign, and I am confident they will be As the Burlington Boys and Girls community. The Tolna Summer Rec achieved. Club kicks off its capital campaign, I Program sponsors a large number of The Boys and Girls Clubs around the commend all of Vermont’s Boys and sports teams for area youth and sports country are a leading example of how Girls Clubs, along with all of the other events involving the entire town. The

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6152 CONGRESSIONAL RECORD — SENATE June 20, 2006 Senior Citizens Center organizes a vari- neering frontier spirit alive for future and signed by the United States on ety of events, including a series of generations. It is places such as that date; the Amendment to Article 1 bingo games. The Tolna Alumni Asso- Almont that have helped to shape this of the Convention on Prohibitions or ciation is also an active organization country into what it is today, which is Restrictions on the Use of Certain Con- for all residents of Tolna, past and why this fine community is deserving ventional Weapons Which May be present. of our recognition. Deemed to be Excessively Injurious or The community has organized a wide Almont has a proud past and a bright to Have Indiscriminate Effects (the variety of events to celebrate the cen- future.∑ ‘‘CCW Amendment’’); and the CCW Pro- tennial, including a parade, fireworks, f tocol on Explosive Remnants of War a bull riding event, and children’s ac- (the ‘‘CCW Protocol V’’). I transmit, tivities. Tolna expects over 4,000 visi- DR. JAMES CAMERON for the information of the Senate, the tors for its centennial, which is quite ∑ Mr. KOHL. Mr. President, Dr. James report of the Department of State con- an accomplishment for a town of 200. Cameron was man of great strength, cerning these treaties. Mr. President, I ask the Senate to spirituality, and conviction. Geneva Protocol III. Geneva Protocol join me in congratulating Tolna, ND, Dr. Cameron was born in LaCrosse, III creates a new distinctive emblem, a and its residents on their first 100 years WI, in 1914 and moved to Indiana as a Red Crystal, in addition to and for the and in wishing them well through the teenager. In Indiana, he accompanied same purposes as the Red Cross and the next century. By honoring Tolna and two friends involved in an armed rob- Red Crescent emblems. The Red Crys- all the other historic small towns of bery that turned to rape and murder. tal is a neutral emblem that can be em- North Dakota, we keep the great pio- Though Dr. Cameron ran away well be- ployed by governments and national neering frontier spirit alive for future fore the crime was committed, all societies that face challenges using the generations. It is places such as Tolna three young men were taken to jail. existing emblems. In addition, Geneva that have helped to shape this country The Ku Klux Klan stormed that jail on Protocol III will pave the way for into what it is today, which is why this August 7, 1930, hung his two friends, Magen David Adorn, Israel’s national fine community is deserving of our rec- and beat him severely. Dr. Cameron society, to achieve membership in the ognition. survived but spent another 6 years in International Red Cross and Red Cres- Tolna has a proud past and a bright jail for crimes he did not commit. cent Movement. Legislation imple- future.∑ Dr. Cameron never let us forget the menting Geneva Protocol III will be f injustice done to the many victims of submitted to the Congress separately. 100TH ANNIVERSARY OF ALMONT, lynching and racial violence. After CCW amendment. The amendment to NORTH DAKOTA moving back to his home State of Wis- Article 1 of the CCW, which was adopt- consin, he founded the Black Holocaust ed at Geneva on December 21, 2001, ∑ Mr. CONRAD. Mr. President, today I Museum in Milwaukee. This unique eliminates the distinction between wish to recognize a community in museum lays bare our Nation’s violent international and non-international North Dakota that will be celebrating past of racism and slavery. His work armed conflict for the purposes of the its 100th anniversary. On July 1 to 4, opened the eyes of thousands to the rules governing the prohibitions and and again on Labor Day, the residents suffering of African Americans, not restrictions on the use of certain con- of Almont will gather to celebrate only in the age of slavery but also in ventional weapons. It does not change their community’s history and found- the decades that followed. the legal status of rebel or insurgent ing. Dr. Cameron joined us last year to groups into that of protected or privi- Almont is a vibrant community in witness the passage of Resolution No. leged belligerents. south-central North Dakota. The town 39, a resolution apologizing to the vic- CCW Protocol V. CCW Protocol V, was founded in 1883 when the Northern tims of lynching and the descendants which was adopted at Geneva on No- Pacific Railroad established a station of those victims for the failure of the vember 28, 2003, addresses the post-con- in the town. Major real estate settle- Senate to enact antilynching legisla- flict threat generated by conventional ment began in the area with the help of tion. His mere presence assured us that munitions such as mortar shells, gre- Eber W. Hyde, a settler from South Da- we were doing the right thing, albeit nades, artillery rounds, and bombs that kota who was seeking to establish a many years too late. do not explode as intended or that are lumber yard in the area. The name of Dr. Cameron is survived by his dear abandoned. COW Protocol V provides the town, Almont, came from a nearby wife Virginia and their wonderful fam- for the marking, clearance, removal, landmark, Altamont Moraine, which ily. His legacy will remain a source of and destruction of such remnants by translated from French as moraine, hope and pride for many.∑ the party in control of the territory in high hill. f which the munitions are located. In order to preserve the history of Conclusion. I urge the Senate to give the city, Almont has a historical soci- MESSAGE FROM THE PRESIDENT prompt and favorable consideration to ety and a museum. Along with holding A message from the President of the each of these instruments and to give the rich history of Almont, the mu- United States was communicated to its advice and consent to their ratifica- seum is the location for the town’s the Senate by Ms. Evans, one of his tion. These treaties are in the interest yearly celebration that takes place secretaries. of the United States, and their ratifica- during the weekend of Labor Day. The f tion would advance the longstanding town also hosts an annual ‘‘Lutefisk a and historic leadership of the United Lefsa’’ dinner that many claim to be EXECUTIVE MESSAGE REFERRED States in the law of armed conflict. the best around. As in executive session the Presiding GEORGE W. BUSH. The citizens of Almont are proud of Officer laid before the Senate a mes- THE WHITE HOUSE, June 19, 2006. all of their accomplishments over the sage from the President of the United past 100 years and have planned a cele- f States submitting which was referred bration that will include street dances, MESSAGE FROM THE HOUSE to the Committee on Foreign Rela- city and school tours, water slides, tions. At 12:16 p.m., a message from the local entertainment, children’s activi- House of Representatives, delivered by ties, a paint ball war, a car show, and To the Senate of the United States. Ms. Niland, one of its reading clerks, a parade. With a view to receiving the advice announced that the House has passed Mr. President, I ask the Senate to and consent of the Senate to ratifica- the following bills, in which it requests join me in congratulating Almont, ND tion, I transmit herewith: the Protocol the concurrence of the Senate: and its residents on the first 100 years Additional to the Geneva Conventions H.R. 5104. An act to designate the facility and in wishing them well through the of 12 August 1949, and relating to the of the United States Postal Service located next century. By honoring Almont and Adoption of an Additional Distinctive at 1750 16th Street South in St. Petersburg, all the other historic small towns of Emblem (the ‘‘Geneva Protocol III’’), Florida, as the ‘‘Morris W. Milton Post Of- North Dakota, we keep the great pio- adopted at Geneva on December 8, 2005, fice’’.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6153 H.R. 5504. An act to designate the facility (FRL No. 8069–5) received on June 6, 2006; to pursuant to law, the report of a rule entitled of the United States Postal Service located the Committee on Agriculture, Nutrition, ‘‘Bacillus mycoides isolate J; Temporary Ex- at 6029 Broadmoor Street in Mission, Kansas, and Forestry. emption from the Requirement of a Toler- as the ‘‘Larry Winn, Jr. Post Office Build- EC–7208. A communication from the Prin- ance’’ (FRL No. 8072–3) received on June 12, ing’’. cipal Deputy Associate Administrator, Office 2006; to the Committee on Agriculture, Nu- H.R. 5540. An act to designate the facility of Policy, Economics, and Innovation, Envi- trition, and Forestry. of the United States Postal Service located ronmental Protection Agency, transmitting, EC–7218. A communication from the Sec- at 217 Southeast 2nd Street in Dimmitt, pursuant to law, the report of a rule entitled retary of Health and Human Services, trans- Texas, as the ‘‘Sergeant Jacob Dan Dones ‘‘Potassium Silicate; Exemption from the mitting, pursuant to law, a report entitled Post Office’’. Requirement of a Tolerance’’ (FRL No. 8069– ‘‘Child Care and Development Fund Report to Congress for Fiscal Year 2002 and Fiscal The message also announced that 6) received on June 6, 2006; to the Committee on Agriculture, Nutrition, and Forestry. Year 2003’’; to the Committee on Finance. pursuant to section 214(a) of the Help EC–7209. A communication from the Dep- EC–7219. A communication from the Assist- America Vote Act of 2002 (42 U.S.C. uty Chief for National Forest System, Forest ant Secretary, Legislative Affairs, Depart- 15344), and the order of the House of Service, Department of Agriculture, trans- ment of State, transmitting, pursuant to December 18, 2005, the Speaker re- mitting, pursuant to law, the 2005 Report for law, a report relative to the continuation of appoints the following member on the the Granite Watershed Enhancement and a waiver of application of subsections (a) and part of the House of Representatives to Protection Stewardship Project; to the Com- (b) of section 402 of the Trade Act of 1974 to Vietnam; to the Committee on Finance. the Election Assistance Commission mittee on Agriculture, Nutrition, and For- estry. EC–7220. A communication from the Assist- Board of Advisors for a term of 2 years: EC–7210. A communication from the Ad- ant Secretary, Legislative Affairs, Depart- Mr. Thomas A. Fuentes of Lake Forest, ministrator, Agricultural Marketing Serv- ment of State, transmitting, pursuant to California. ice, Department of Agriculture, transmit- law, a report relative to the continuation of a waiver of application of subsections (a) and f ting, pursuant to law, the report of a rule en- titled ‘‘National Organic Program—Revi- (b) of section 402 of the Trade Act of 1974 to MEASURES REFERRED sions to Livestock Standards Based on Court Belarus; to the Committee on Finance. EC–7221. A communication from the Assist- Order (Harvey v. Johanns) and 2005 Amend- The following bills were read the first ant Secretary, Legislative Affairs, Depart- ment to the Organic Foods Production Act of ment of State, transmitting, pursuant to and the second times by unanimous 1990’’ ((RIN0581–AC60)(TM–06–06–FR)) re- law, a report relative to a waiver of the consent, and referred as indicated: ceived on June 7, 2006; to the Committee on Jackson-Vanik Amendment for Turk- H.R. 5104. An act to designate the facility Agriculture, Nutrition, and Forestry. EC–7211. A communication from the Ad- menistan; to the Committee on Finance. of the United States Postal Service located EC–7222. A communication from the Chief, ministrator, Food and Nutrition Service, De- at 1750 16th Street South in St. Petersburg, Publications and Regulations Branch, Inter- partment of Agriculture, transmitting, pur- Florida, as the ‘‘Morris W. Milton Post Of- nal Revenue Service, Department of the fice’’; to the Committee on Homeland Secu- suant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the rity and Governmental Affairs. ‘‘Food Stamp Program: Civil Rights Data report of a rule entitled ‘‘Qualified Alter- H.R. 5504. An act to designate the facility Collection’’ (RIN0584–AC75) received on June native Fuel Motor Vehicle Credit’’ (Notice of the United States Postal Service located 7, 2006; to the Committee on Agriculture, Nu- 2006–54) received on June 6, 2006; to the Com- at 6029 Broadmoor Street in Mission, Kansas, trition, and Forestry. mittee on Finance. as the ‘‘Larry Winn, Jr. Post Office Build- EC–7212. A communication from the Con- EC–7223. A communication from the Chief, ing’’; to the Committee on Homeland Secu- gressional Review Coordinator, Animal and Publications and Regulations Branch, Inter- rity and Governmental Affairs. Plant Health Inspection Service, Department nal Revenue Service, Department of the H.R. 5540. An act to designate the facility of Agriculture, transmitting, pursuant to Treasury, transmitting, pursuant to law, the of the United States Postal Service located law, the report of a rule entitled ‘‘Importa- report of a rule entitled ‘‘Clarification of No- at 217 Southeast 2nd Street in Dimmitt, tion of Fruits and Vegetables; Untreated Cit- tice 2006–26’’ (Notice 2006–53) received on Texas, as the ‘‘Sergeant Jacob Dan Dones rus from Mexico’’ (Docket No. 03–048–3) re- June 6, 2006; to the Committee on Finance. Post Office’’; to the Committee on Homeland ceived on June 6, 2006; to the Committee on EC–7224. A communication from the Chief, Security and Governmental Affairs. Agriculture, Nutrition, and Forestry. Publications and Regulations Branch, Inter- EC–7213. A communication from the Con- nal Revenue Service, Department of the f gressional Review Coordinator, Animal and Treasury, transmitting, pursuant to law, the EXECUTIVE AND OTHER Plant Health Inspection Service, Department report of a rule entitled ‘‘Deduction for En- of Agriculture, transmitting, pursuant to COMMUNICATIONS ergy Efficient Commercial Buildings’’ (No- law, the report of a rule entitled ‘‘Citrus tice 2006–52) received on June 6, 2006; to the The following communications were Canker; Compensation for Certified Citrus Committee on Finance. laid before the Senate, together with Nursery Stock’’ ((RIN0579–AC05)(Docket No. EC–7225. A communication from the Chief, accompanying papers, reports, and doc- APHIS–2006–0033)) received on June 8, 2006; to Publications and Regulations Branch, Inter- uments, and were referred as indicated: the Committee on Agriculture, Nutrition, nal Revenue Service, Department of the and Forestry. Treasury, transmitting, pursuant to law, the EC–7204. A communication from the Sec- EC–7214. A communication from the Direc- report of a rule entitled ‘‘Communications retary of Agriculture, transmitting, the re- tor, Regulatory Review Group, Department Excise Tax; Toll Telephone Service’’ (Notice port of a draft bill entitled ‘‘Commodity of Agriculture, transmitting, pursuant to 2006–50) received on June 6, 2006; to the Com- Credit Corporation (CCC) Budget Proposals’’; law, the report of a rule entitled ‘‘Emer- mittee on Finance. to the Committee on Agriculture, Nutrition, gency Conservation Program’’ (RIN0560– EC–7226. A communication from the Chief, and Forestry. AH43) received on June 8, 2006; to the Com- Border Security Regulations Branch, Depart- EC–7205. A communication from the Prin- mittee on Agriculture, Nutrition, and For- ment of Homeland Security, transmitting, cipal Deputy Associate Administrator, Office estry. pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- EC–7215. A communication from the Direc- ‘‘Closing of the Port of Noyes, Minnesota, ronmental Protection Agency, transmitting, tor, Regulatory Review Group, Department and Extension of the Limits of the Port of pursuant to law, the report of a rule entitled of Agriculture, transmitting, pursuant to Pembina, North Dakota’’ (CBP Dec. 06–15) re- ‘‘Fenarimol; Pesticide Tolerance’’ (FRL No. law, the report of a rule entitled ‘‘Conserva- ceived on June 6, 2006; to the Committee on 8061–4) received on June 6, 2006; to the Com- tion Reserve Program—Emergency Forestry Finance. mittee on Agriculture, Nutrition, and For- Conservation Program’’ (RIN0560–AH44) re- EC–7227. A communication from the Chief, estry. ceived on June 8, 2006; to the Committee on Publications and Regulations Branch, Inter- EC–7206. A communication from the Prin- Agriculture, Nutrition, and Forestry. nal Revenue Service, Department of the cipal Deputy Associate Administrator, Office EC–7216. A communication from the Direc- Treasury, transmitting, pursuant to law, the of Policy, Economics, and Innovation, Envi- tor, Regulatory Review Group, Department report of a rule entitled ‘‘Announcement: ronmental Protection Agency, transmitting, of Agriculture, transmitting, pursuant to 2006 Prevailing State Assumed Interest pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Grains and Rates: Correction’’ (Announcement 2006–35) ‘‘Pendimethalin; Pesticide Tolerance’’ (FRL Similarly Handled Commodities-Marketing received on June 6, 2006; to the Committee No. 8070–2) received on June 6, 2006; to the Assistance Loans and Loan Deficiency Pay- on Finance. Committee on Agriculture, Nutrition, and ments for the 2006 Through 2007 Crop Years; EC–7228. A communication from the Chief, Forestry. Cotton’’ (RIN0560–AH38) received on June 8, Publications and Regulations Branch, Inter- EC–7207. A communication from the Prin- 2006; to the Committee on Agriculture, Nu- nal Revenue Service, Department of the cipal Deputy Associate Administrator, Office trition, and Forestry. Treasury, transmitting, pursuant to law, the of Policy, Economics, and Innovation, Envi- EC–7217. A communication from the Prin- report of a rule entitled ‘‘Section 911 Waiver ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office Rev. Proc.—2005 Update’’ (Rev. Proc . 2006–28) pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- received on June 6, 2006; to the Committee ‘‘Methoxyfenozide; Pesticide Tolerance’’ ronmental Protection Agency, transmitting, on Finance.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6154 CONGRESSIONAL RECORD — SENATE June 20, 2006 EC–7229. A communication from the Chief, INTRODUCTION OF BILLS AND 418, a bill to protect members of the Publications and Regulations Branch, Inter- JOINT RESOLUTIONS Armed Forces from unscrupulous prac- nal Revenue Service, Department of the tices regarding sales of insurance, fi- Treasury, transmitting, pursuant to law, the The following bills and joint resolu- nancial, and investment products. report of a rule entitled ‘‘Revenue Ruling: tions were introduced, read the first 2006 Prevailing State Assumed Interest and second times by unanimous con- S. 774 Rates’’ (Rev. Rul. 2006–25) received on June 6, sent, and referred as indicated: At the request of Mr. BUNNING, the 2006; to the Committee on Finance. name of the Senator from Georgia (Mr. EC–7230. A communication from the Chief, By Mrs. CLINTON: S. 3537. A bill to amend the Public Health ISAKSON) was added as a cosponsor of S. Publications and Regulations Branch, Inter- 774, a bill to amend the Internal Rev- nal Revenue Service, Department of the Service Act to establish a national center for public mental health emergency prepared- enue Code of 1986 to repeal the 1993 in- Treasury, transmitting, pursuant to law, the come tax increase on Social Security report of a rule entitled ‘‘Modification of ness, and for other purposes; to the Com- Rev. Rul. 2006–1’’ (Rev. Rul. 2006–31) received mittee on Health, Education, Labor, and benefits. on June 6, 2006; to the Committee on Fi- Pensions. S. 809 By Mr. GRAHAM: nance. At the request of Mr. LAUTENBERG, S. 3538. A bill to suspend temporarily the EC–7231. A communication from the Chief, duty on unbleached printcloth; to the Com- the name of the Senator from Hawaii Publications and Regulations Branch, Inter- mittee on Finance. (Mr. AKAKA) was added as a cosponsor nal Revenue Service, Department of the By Mr. GRAHAM: of S. 809, a bill to establish certain du- Treasury, transmitting, pursuant to law, the S. 3539. A bill to suspend temporarily the report of a rule entitled ‘‘Guidance under ties for pharmacies when pharmacists duty on unbleached sheeting; to the Com- Section 7874 Regarding Expatriated Entities employed by the pharmacies refuse to mittee on Finance. and Their Foreign Parents’’ (RIN1545–BF48) fill valid prescriptions for drugs or de- By Mr. GRAHAM: received on June 6, 2006; to the Committee vices on the basis of personal beliefs, S. 3540. A bill to suspend temporarily the on Finance. and for other purposes. duty on unbleached cheesecloth; to the Com- EC–7232. A communication from the Chief, mittee on Finance. S. 843 Publications and Regulations Branch, Inter- By Mr. GRAHAM: At the request of Mr. SANTORUM, the nal Revenue Service, Department of the S. 3541. A bill to suspend temporarily the Treasury, transmitting, pursuant to law, the name of the Senator from Iowa (Mr. duty on certain unbleached printcloth; to report of a rule entitled ‘‘Mixed Service Cost HARKIN) was added as a cosponsor of S. the Committee on Finance. Examinations (‘MSC’) Industry Directive’’ 843, a bill to amend the Public Health By Mr. GRAHAM: received on June 12, 2006; to the Committee Service Act to combat autism through S. 3542. A bill to improve maritime and on Finance. cargo security and for other purposes; to the research, screening, intervention and EC–7233. A communication from the Chief, Committee on Commerce, Science, and education. Publications and Regulations Branch, Inter- Transportation. S. 1035 nal Revenue Service, Department of the By Mrs. FEINSTEIN (for herself, Ms. Treasury, transmitting, pursuant to law, the At the request of Mr. INHOFE, the SNOWE, Mr. DURBIN, Mr. CHAFEE, Mr. report of a rule entitled ‘‘Weighted Average name of the Senator from Arizona (Mr. INOUYE, Ms. CANTWELL, Mr. NELSON Interest Rate Update’’ (Notice 2006–55) re- MCCAIN) was added as a cosponsor of S. of Florida, Mrs. BOXER, Mr. LAUTEN- ceived on June 12, 2006; to the Committee on 1035, a bill to authorize the presen- BERG, Mr. MENENDEZ, Mr. LIEBERMAN, Finance. and Ms. COLLINS): tation of commemorative medals on EC–7234. A communication from the Acting S. 3543. A bill to improve passenger auto- behalf of Congress to Native Americans Assistant Secretary for Fish and Wildlife and mobile fuel economy and safety, reduce who served as Code Talkers during for- Parks, Department of the Interior, transmit- greenhouse gas emissions, reduce dependence eign conflicts in which the United ting the report of a draft bill entitled ‘‘Lava on foreign oil, and for other purposes; to the States was involved during the 20th Beds National Monument Wilderness Bound- Committee on Commerce, Science, and ary Adjustment Act of 2005’’; to the Com- century in recognition of the service of Transportation. those Native Americans to the United mittee on Energy and Natural Resources. By Mr. CARPER: EC–7235. A communication from the Assist- S. 3544. A bill to reduce temporarily the States. ant Secretary, Department of the Interior, duty on Thiamethoxam Technical; to the S. 1112 transmitting the report of a draft bill enti- Committee on Finance. At the request of Mr. GRASSLEY, the tled ‘‘Range Improvement Fund Amendment By Mr. CRAIG (for himself, Mr. AKAKA, name of the Senator from Kansas (Mr. Act of 2006’’; to the Committee on Energy Mr. BURR, and Mr. OBAMA): and Natural Resources. BROWNBACK) was added as a cosponsor S. 3545. A bill to amend title 38, United of S. 1112, a bill to make permanent the EC–7236. A communication from the Gen- States Code, to improve services for home- eral Counsel, Federal Energy Regulatory less veterans, and for other purposes; to the enhanced educational savings provi- Commission, transmitting, pursuant to law, Committee on Veterans’ Affairs. sions for qualified tuition programs en- the report of a rule entitled ‘‘Revisions to acted as part of the Economic Growth Record Retention Requirements for f and Tax Relief Reconciliation Act of Unbundled Sales Service, Persons Holding SUBMISSION OF CONCURRENT AND 2001. Blanket Marketing Certificates, and Public Utility Market-Based Rate Authorization SENATE RESOLUTIONS S. 1687 Holders’’ (Docket No. RM06–14–000) received The following concurrent resolutions At the request of Ms. MIKULSKI, the on June 8, 2006; to the Committee on Energy and Senate resolutions were read, and name of the Senator from Connecticut and Natural Resources. referred (or acted upon), as indicated: (Mr. DODD) was added as a cosponsor of EC–7237. A communication from the Acting By Mrs. DOLE (for herself and Mr. S. 1687, a bill to amend the Public Director, Office of Surface Mining, Depart- Health Service Act to provide waivers ment of the Interior, transmitting, pursuant BURR): S. Res. 517. A resolution commending the relating to grants for preventive health to law, the report of a rule entitled ‘‘Texas measures with respect to breast and Regulatory Program’’ (Docket No. TX–054– Carolina Hurricanes for winning the 2006 Na- FOR) received on June 12, 2006; to the Com- tional Hockey League Stanley Cup; consid- cervical cancers. mittee on Energy and Natural Resources. ered and agreed to. S. 1909 By Mr. FEINGOLD (for himself, Mr. At the request of Mr. BURNS, the KOHL, Mr. ALLEN, Mr. LAUTENBERG, f Mr. LEVIN, Mr. OBAMA, and Ms. name of the Senator from Georgia (Mr. LANDRIEU): ISAKSON) was added as a cosponsor of S. REPORTS OF COMMITTEES S. Res. 518. A resolution honoring the life 1909, a bill to improve the provision of and accomplishments of James Cameron; telehealth services under the Medicare The following reports of committees considered and agreed to. Program, to provide grants for the de- were submitted: f velopment of telehealth networks, and By Mr. SPECTER, from the Committee on for other purposes. the Judiciary, with an amendment: ADDITIONAL COSPONSORS S. 1910 S.J. Res. 12. A joint resolution proposing S. 418 an amendment to the Constitution of the At the request of Mr. SUNUNU, the United States authorizing Congress to pro- At the request of Mr. ENZI, the name name of the Senator from Georgia (Mr. hibit the physical desecration of the flag of of the Senator from Connecticut (Mr. ISAKSON) was added as a cosponsor of S. the United States. DODD) was added as a cosponsor of S. 1910, a bill to amend title XVIII of the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6155 Social Security Act to provide incen- ness operational plans address the lina (Mrs. DOLE) was added as a cospon- tives to physicians for writing elec- needs of individuals with household sor of S. Res. 507, a resolution desig- tronic prescriptions. pets and service animals following a nating the week of November 5 through S. 2124 major disaster or emergency. November 11, 2006, as ‘‘National Vet- At the request of Mr. HARKIN, the S. 2585 erans Awareness Week’’ to emphasize names of the Senator from Illinois (Mr. At the request of Mr. SMITH, the the need to develop educational pro- DURBIN) and the Senator from Min- name of the Senator from Georgia (Mr. grams regarding the contributions of nesota (Mr. COLEMAN) were added as co- ISAKSON) was added as a cosponsor of S. veterans to the country. sponsors of S. 2124, a bill to address the 2585, a bill to amend the Internal Rev- S. RES. 508 enue Code of 1986 to permit military needs of individuals with disabilities in At the request of Mr. BIDEN, the emergency planning requirements and death gratuities to be contributed to name of the Senator from Kansas (Mr. certain tax-favored accounts. relief efforts in the event of a major BROWNBACK) was added as a cosponsor disaster, to increase the accessibility S. 2657 of S. Res. 508, a resolution designating of replacement housing built with Fed- At the request of Mr. SANTORUM, the October 20, 2006 as ‘‘National Mammog- eral funds following Hurricane Katrina name of the Senator from Idaho (Mr. raphy Day’’. CRAPO) was added as a cosponsor of S. and other major disasters, and for S. RES. 510 other purposes. 2657, a bill to extend the Iran and Libya Sanctions Act of 1996. At the request of Mr. MARTINEZ, the S. 2140 S. 2658 names of the Senator from Michigan At the request of Mr. HATCH, the At the request of Mr. LEAHY, the (Mr. LEVIN), the Senator from Massa- name of the Senator from Kansas (Mr. name of the Senator from West Vir- chusetts (Mr. KERRY), the Senator from ROBERTS) was added as a cosponsor of ginia (Mr. ROCKEFELLER) was added as Virginia (Mr. WARNER) and the Senator S. 2140, a bill to enhance protection of a cosponsor of S. 2658, a bill to amend from Oregon (Mr. WYDEN) were added children from sexual exploitation by title 10, United States Code, to enhance as cosponsors of S. Res. 510, a resolu- strengthening section 2257 of title 18, the national defense through empower- tion designating the period beginning United States Code, requiring pro- ment of the Chief of the National on June 28, 2006, and ending on July 5, ducers of sexually explicit material to Guard Bureau and the enhancement of 2006, as ‘‘National Clean Beaches keep and permit inspection of records the functions of the National Guard Week’’, supporting the goals and ideals regarding the age of performers, and Bureau, and for other purposes. of that week, and recognizing the con- for other purposes. S. 2720 siderable value and role of beaches in S. 2145 At the request of Mr. BAUCUS, the the culture of the United States. At the request of Mr. SALAZAR, his name of the Senator from Maryland AMENDMENT NO. 4194 name was added as a cosponsor of S. (Ms. MIKULSKI) was added as a cospon- At the request of Mr. CARPER, the 2145, a bill to enhance security and pro- sor of S. 2720, a bill to amend the Inter- name of the Senator from California tect against terrorist attacks at chem- nal Revenue Code of 1986 to provide in- (Mrs. BOXER) was added as a cosponsor ical facilities. centives to improve America’s research of amendment No. 4194 intended to be S. 2250 competitiveness, and for other pur- proposed to H.R. 8, a bill to make the At the request of Mr. GRASSLEY, the poses. repeal of the estate tax permanent. name of the Senator from South Da- S. 3364 AMENDMENT NO. 4216 kota (Mr. JOHNSON) was added as a co- At the request of Mr. NELSON of Ne- At the request of Mr. THUNE, the sponsor of S. 2250, a bill to award a con- braska, the name of the Senator from name of the Senator from Nebraska Arkansas (Mrs. LINCOLN) was added as gressional gold medal to Dr. Norman E. (Mr. NELSON) was added as a cosponsor Borlaug. a cosponsor of S. 3364, a bill to author- of amendment No. 4216 intended to be ize appropriate action against Japan S. 2393 proposed to S. 2766, an original bill to for failing to resume the importation At the request of Mr. HAGEL, his authorize appropriations for fiscal year of United States beef in a timely man- name was added as a cosponsor of S. 2007 for military activities of the De- ner, and for other purposes. 2393, a bill to amend the Public Health partment of Defense, for military con- Service Act to advance medical re- S. 3475 struction, and for defense activities of search and treatments into pediatric At the request of Mr. OBAMA, the the Department of Energy, to prescribe name of the Senator from New York cancers, ensure patients and families personnel strengths for such fiscal year (Mr. SCHUMER) was added as a cospon- have access to the current treatments for the Armed Forces, and for other sor of S. 3475, a bill to provide housing and information regarding pediatric purposes. assistance for very low-income vet- cancers, establish a population-based erans. AMENDMENT NO. 4224 national childhood cancer database, At the request of Mr. OBAMA, the and promote public awareness of pedi- S. 3506 At the request of Mr. AKAKA, the names of the Senator from Colorado atric cancers. name of the Senator from Florida (Mr. (Mr. SALAZAR) and the Senator from S. 2494 NELSON) was added as a cosponsor of S. Washington (Mrs. MURRAY) were added At the request of Mr. BURNS, the 3506, a bill to prohibit the unauthorized as cosponsors of amendment No. 4224 name of the Senator from Georgia (Mr. removal or use of personal information intended to be proposed to S. 2766, an ISAKSON) was added as a cosponsor of S. contained in a database owned, oper- original bill to authorize appropria- 2494, a bill to amend the Internal Rev- ated, or maintained by the Federal tions for fiscal year 2007 for military enue Code of 1986 to allow a deduction government. activities of the Department of De- for the payment of premiums for high S. CON. RES. 94 fense, for military construction, and deductible health plans, to allow a At the request of Mr. COCHRAN, the for defense activities of the Depart- credit for certain employment taxes name of the Senator from Louisiana ment of Energy, to prescribe personnel paid with respect to premiums for high (Mr. VITTER) was added as a cosponsor strengths for such fiscal year for the deductible health plans and contribu- of S. Con. Res. 94, a concurrent resolu- Armed Forces, and for other purposes. tions to health savings accounts, and tion expressing the sense of Congress AMENDMENT NO. 4231 for other purposes. that the needs of children and youth At the request of Mr. DEWINE, the S. 2548 affected or displaced by disasters are name of the Senator from North Caro- At the request of Mr. STEVENS, the unique and should be given special con- lina (Mrs. DOLE) was added as a cospon- name of the Senator from Maine (Ms. sideration in planning, responding, and sor of amendment No. 4231 intended to COLLINS) was added as a cosponsor of S. recovering from such disasters in the be proposed to S. 2766, an original bill 2548, a bill to amend the Robert T. United States. to authorize appropriations for fiscal Stafford Disaster Relief and Emer- S. RES. 507 year 2007 for military activities of the gency Assistance Act to ensure that At the request of Mr. BIDEN, the Department of Defense, for military State and local emergency prepared- name of the Senator from North Caro- construction, and for defense activities

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6156 CONGRESSIONAL RECORD — SENATE June 20, 2006 of the Department of Energy, to pre- BIDEN), the Senator from Missouri (Mr. AMENDMENT NO. 4304 scribe personnel strengths for such fis- TALENT), the Senator from Vermont At the request of Mr. THUNE, the cal year for the Armed Forces, and for (Mr. JEFFORDS), the Senator from Or- name of the Senator from Georgia (Mr. other purposes. egon (Mr. WYDEN), the Senator from CHAMBLISS) was added as a cosponsor of AMENDMENT NO. 4236 Louisiana (Ms. LANDRIEU), the Senator amendment No. 4304 intended to be pro- At the request of Mr. LUGAR, the from New Jersey (Mr. LAUTENBERG), posed to S. 2766, an original bill to au- names of the Senator from Nebraska the Senator from California (Mrs. thorize appropriations for fiscal year (Mr. HAGEL), the Senator from Rhode BOXER), the Senator from Nevada (Mr. 2007 for military activities of the De- Island (Mr. CHAFEE), the Senator from REID), the Senator from Wisconsin (Mr. partment of Defense, for military con- New Hampshire (Mr. SUNUNU), the Sen- FEINGOLD) and the Senator from New struction, and for defense activities of ator from Maryland (Mr. SARBANES), Jersey (Mr. MENENDEZ) were added as the Department of Energy, to prescribe the Senator from Wisconsin (Mr. FEIN- cosponsors of amendment No. 4271 pro- personnel strengths for such fiscal year GOLD), the Senator from Illinois (Mr. posed to S. 2766, an original bill to au- for the Armed Forces, and for other OBAMA) and the Senator from Vermont thorize appropriations for fiscal year purposes. (Mr. LEAHY) were added as cosponsors 2007 for military activities of the De- AMENDMENT NO. 4309 of amendment No. 4236 intended to be partment of Defense, for military con- At the request of Mr. SCHUMER, the struction, and for defense activities of proposed to S. 2766, an original bill to name of the Senator from Oregon (Mr. authorize appropriations for fiscal year the Department of Energy, to prescribe WYDEN) was added as a cosponsor of personnel strengths for such fiscal year 2007 for military activities of the De- amendment No. 4309 intended to be pro- for the Armed Forces, and for other partment of Defense, for military con- posed to S. 2766, an original bill to au- purposes. struction, and for defense activities of thorize appropriations for fiscal year the Department of Energy, to prescribe AMENDMENT NO. 4272 2007 for military activities of the De- personnel strengths for such fiscal year At the request of Mr. WARNER, his partment of Defense, for military con- for the Armed Forces, and for other name was added as a cosponsor of struction, and for defense activities of purposes. amendment No. 4272 proposed to S. the Department of Energy, to prescribe AMENDMENT NO. 4261 2766, an original bill to authorize ap- personnel strengths for such fiscal year At the request of Mr. CHAMBLISS, the propriations for fiscal year 2007 for for the Armed Forces, and for other names of the Senator from Florida (Mr. military activities of the Department purposes. NELSON), the Senator from California of Defense, for military construction, AMENDMENT NO. 4320 (Mrs. FEINSTEIN) and the Senator from and for defense activities of the De- At the request of Mr. LEVIN, the California (Mrs. BOXER) were added as partment of Energy, to prescribe per- name of the Senator from Delaware cosponsors of amendment No. 4261 in- sonnel strengths for such fiscal year (Mr. BIDEN) was added as a cosponsor of tended to be proposed to S. 2766, an for the Armed Forces, and for other amendment No. 4320 intended to be pro- original bill to authorize appropria- purposes. tions for fiscal year 2007 for military posed to S. 2766, an original bill to au- AMENDMENT NO. 4292 activities of the Department of De- thorize appropriations for fiscal year fense, for military construction, and At the request of Mr. DORGAN, the 2007 for military activities of the De- for defense activities of the Depart- name of the Senator from New York partment of Defense, for military con- ment of Energy, to prescribe personnel (Mrs. CLINTON) was added as a cospon- struction, and for defense activities of strengths for such fiscal year for the sor of amendment No. 4292 proposed to the Department of Energy, to prescribe Armed Forces, and for other purposes. S. 2766, an original bill to authorize ap- personnel strengths for such fiscal year propriations for fiscal year 2007 for AMENDMENT NO. 4264 for the Armed Forces, and for other military activities of the Department purposes. At the request of Mrs. CLINTON, the of Defense, for military construction, name of the Senator from Connecticut At the request of Mr. OBAMA, his and for defense activities of the De- (Mr. LIEBERMAN) was added as a co- name was added as a cosponsor of partment of Energy, to prescribe per- sponsor of amendment No. 4264 in- amendment No. 4320 intended to be pro- sonnel strengths for such fiscal year tended to be proposed to S. 2766, an posed to S. 2766, supra. for the Armed Forces, and for other original bill to authorize appropria- AMENDMENT NO. 4322 purposes. tions for fiscal year 2007 for military At the request of Mr. KENNEDY, the activities of the Department of De- AMENDMENT NO. 4301 names of the Senator from Maryland fense, for military construction, and At the request of Mrs. DOLE, the (Ms. MIKULSKI), the Senator from New for defense activities of the Depart- name of the Senator from Maryland Mexico (Mr. BINGAMAN), the Senator ment of Energy, to prescribe personnel (Ms. MIKULSKI) was added as a cospon- from New York (Mrs. CLINTON), the strengths for such fiscal year for the sor of amendment No. 4301 intended to Senator from Massachusetts (Mr. Armed Forces, and for other purposes. be proposed to S. 2766, an original bill KERRY), the Senator from Connecticut AMENDMENT NO. 4266 to authorize appropriations for fiscal (Mr. LIEBERMAN), the Senator from At the request of Mr. HARKIN, the year 2007 for military activities of the California (Mrs. FEINSTEIN), the Sen- name of the Senator from Vermont Department of Defense, for military ator from Wisconsin (Mr. FEINGOLD), (Mr. LEAHY) was added as a cosponsor construction, and for defense activities the Senator from Oregon (Mr. WYDEN), of amendment No. 4266 intended to be of the Department of Energy, to pre- the Senator from Minnesota (Mr. DAY- proposed to S. 2766, an original bill to scribe personnel strengths for such fis- TON), the Senator from New Jersey (Mr. authorize appropriations for fiscal year cal year for the Armed Forces, and for MENENDEZ) and the Senator from Indi- 2007 for military activities of the De- other purposes. ana (Mr. BAYH) were added as cospon- partment of Defense, for military con- AMENDMENT NO. 4302 sors of amendment No. 4322 proposed to struction, and for defense activities of At the request of Mrs. DOLE, the S. 2766, an original bill to authorize ap- the Department of Energy, to prescribe name of the Senator from Maryland propriations for fiscal year 2007 for personnel strengths for such fiscal year (Ms. MIKULSKI) was added as a cospon- military activities of the Department for the Armed Forces, and for other sor of amendment No. 4302 intended to of Defense, for military construction, purposes. be proposed to S. 2766, an original bill and for defense activities of the De- AMENDMENT NO. 4271 to authorize appropriations for fiscal partment of Energy, to prescribe per- At the request of Mr. LEAHY, the year 2007 for military activities of the sonnel strengths for such fiscal year names of the Senator from Massachu- Department of Defense, for military for the Armed Forces, and for other setts (Mr. KERRY), the Senator from construction, and for defense activities purposes. New Mexico (Mr. BINGAMAN), the Sen- of the Department of Energy, to pre- At the request of Mr. BIDEN, his name ator from South Dakota (Mr. JOHNSON), scribe personnel strengths for such fis- was added as a cosponsor of amend- the Senator from West Virginia (Mr. cal year for the Armed Forces, and for ment No. 4322 proposed to S. 2766, BYRD), the Senator from Delaware (Mr. other purposes. supra.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6157 STATEMENTS ON INTRODUCED educational materials, guidelines, and ‘‘(F) spiritual care professionals; BILLS AND JOINT RESOLUTIONS research on public mental health emer- ‘‘(G) other disaster relief personnel; and ‘‘(H) State and local government officials By Mrs. CLINTON: gency preparedness and service deliv- ery that would be evaluated and up- that are responsible for emergency prepared- S. 3537. A bill to amend the Public ness. dated to ensure the information is ac- Health Service Act to establish a na- ‘‘(2) ESTABLISHMENT.—The Secretary, in tional center for public mental health curate and current. Technical assist- consultation with the Director of the Cen- emergency preparedness, and for other ance would be provided to help users ters for Disease Control and Prevention, purposes; to the Committee on Health, access those resources most effective shall establish the National Center for Pub- Education, Labor, and Pensions. for their communities. lic Mental Health Emergency Preparedness Mrs. CLINTON. Mr. President, I rise Third, this bill would create an an- (referred to in this subtitle as the today to introduce the Public Mental nual national forum for emergency ‘NCPMHEP’) to address mental health con- cerns and coordinate and implement the de- Health Emergency Preparedness Act of health professionals, researchers, other experts and Federal, State and local velopment and delivery of mental health 2006. This bill would take several im- services in conjunction with the entities de- portant steps toward preparing our na- government officials to identify and scribed in subsection (b)(2), in the event of tion to effectively address mental address gaps in science, practice, pol- bioterrorism or other public health emer- health issues in the wake of public icy and education related to public gency. health emergencies, including poten- mental health emergency preparedness ‘‘(3) LOCATION; DIRECTOR.— tial bioterrorist attacks. and service delivery. ‘‘(A) IN GENERAL.—The Secretary shall Hurricanes Katrina and Rita, the Finally, the Public Mental Health offer to enter into a contract with an eligible events of September 11, other recent Preparedness Act would require annual institution to provide the location of the natural and man-made catastrophes evaluations of both the National Cen- NCPMHEP. ter’s efforts and those across the Fed- ‘‘(B) ELIGIBLE INSTITUTION.—To be an eligi- have sadly taught us that our current ble institution under subparagraph (A), an resources are not sufficient or coordi- eral Government in building our Na- institution shall— nated enough to meet the mental tion’s public mental health emergency ‘‘(i) be an academic medical center or simi- health needs of those devastated by preparedness and service delivery ca- lar institution that has prior experience con- emergency events. We need a network pacity. Based on these evaluations, rec- ducting statewide trainings, and has a dem- of trained mental health profes- ommendations would be made to im- onstrated record of leadership in national sionals—including first responders, prove such activities. and international forums, in public mental local and state leaders, a well-devel- We must not wait until another dis- health emergency preparedness, which may include disaster mental health preparedness; oped infrastructure, and a mecha- aster strikes before we take action to improve the way we respond to the psy- and nism—through which to mobilize and ‘‘(ii) submit to the Secretary an applica- deploy mental health resources in a chological needs of affected Americans. tion at such time, in such manner, and con- rapid and sustained manner in times of I look forward to working with all of taining such information as the Secretary public health emergency. my colleagues to ensure passage of this may require. It is clear that the consequences of bill that would take critical steps to- ‘‘(C) DIRECTOR.—The NCPMHEP shall be emergency events like hurricanes or ward preparing our Nation to success- headed by a Director, who shall be appointed terrorist attacks result in increased fully deal with the mental health con- by the Secretary (referred to in this subtitle as the ‘Director’) from the eligible institu- emotional and psychological suffering sequences of public health emer- gencies. tion with which the Secretary contracts among survivors and responders, yet under subparagraph (A). we must do more to assist all who are I would ask unanimous consent to in- sert the text of this legislation in the ‘‘(b) DUTIES.—The NCPMHEP shall— affected. That is why I have introduced ‘‘(1) prepare the Nation’s emergency health the Public Mental Health Emergency RECORD. professionals to provide mental health serv- Preparedness Act of 2006. There being no objection, the text of ices in the aftermath of catastrophic events, This bill would require the Secretary the bill was ordered to be printed in such as bioterrorism or other public health of Health and Human Services to estab- the RECORD, as follows: emergencies, that present psychological con- lish the National Center for Public S. 3537 sequences for communities and individuals, Mental Health Emergency Prepared- Be it enacted by the Senate and House of Rep- particularly vulnerable populations such as resentatives of the United States of America in older Americans, children, and persons with ness—the National Center—to coordi- disabilities; and nate the development and delivery of Congress assembled, SECTION 1. SHORT TITLE. ‘‘(2) coordinate with existing mental mental health services in collaboration This Act may be cited as the ‘‘Public Men- health preparedness and service delivery ef- with existing Federal, State and local tal Health Emergency Preparedness Act of forts of— entities when our Nation is confronted 2006’’. ‘‘(A) Federal agencies (such as the Na- with public health catastrophes. This SEC. 2. NATIONAL CENTER FOR PUBLIC MENTAL tional Disaster Medical System, the Medical legislation would charge the National HEALTH EMERGENCY PREPARED- Reserve Corps, the Substance Abuse and Center with four functions to benefit NESS. Mental Health Services Administration, the Department of Defense, the Department of affected Americans in our local com- Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh–11 et seq.) is amended by Veterans Affairs, and tribal nations); munities, particularly vulnerable popu- adding at the end the following: ‘‘(B) State agencies (such as the State lations like children, older Americans, ‘‘Subtitle C—National Center for Public mental health authority, office of substance and persons with disabilities. Mental Health Emergency Preparedness abuse services, public health authority, de- First, the Public Mental Health ‘‘SEC. 2821. NATIONAL CENTER FOR PUBLIC MEN- partment of aging, and the office of mental Emergency Preparedness Act would TAL HEALTH EMERGENCY PRE- retardation and developmental disabilities); make sure we have evidence-based cur- PAREDNESS. ‘‘(C) local agencies (such as county offices ricula available to meet the diverse ‘‘(a) IN GENERAL.— of mental health and substance abuse serv- training needs of a wide range of emer- ‘‘(1) DEFINITION.—For purposes of this sub- ices, public health, child and family services, law enforcement, fire, emergency medical gency health professionals, including title, the term ‘emergency health profes- sionals’ means— services, school districts, and county emer- mental health professionals, public ‘‘(A) mental health professionals, including gency management); and health and healthcare professionals, psychiatrists, psychologists, social workers, ‘‘(D) other governmental and nongovern- emergency services personnel, county counselors, psychiatric nurses, psychiatric mental disaster relief organizations. emergency managers, school personnel, aides and case managers, and group home ‘‘(c) PANEL OF EXPERTS.— spiritual care professionals, and State staff; ‘‘(1) IN GENERAL.—The Director, in con- and local government officials respon- ‘‘(B) public health and healthcare profes- sultation with State and local mental health sible for emergency preparedness. By sionals, including skilled nursing and as- and public health authorities, shall develop a using these curricula, the National sisted living professionals; mechanism to appoint a panel of experts for ‘‘(C) emergency services personnel such as the NCPMHEP. Center would build a network of police, fire, and emergency medical services ‘‘(2) MEMBERSHIP.— trained emergency health professionals personnel; ‘‘(A) IN GENERAL.—The panel of experts ap- at the State and local levels. ‘‘(D) county emergency managers; pointed under paragraph (1) shall be— Second, this legislation would estab- ‘‘(E) school personnel such as teachers, ‘‘(i) composed of individuals who are ex- lish and maintain a clearinghouse of counselors, and other personnel; perts in their respective fields with extensive

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6158 CONGRESSIONAL RECORD — SENATE June 20, 2006 experience in public mental health emer- by the Director in consultation with the sources and strategies to address their com- gency preparedness or service delivery, such Training Curricula Working Group; and munity’s unique circumstances and to im- as mental health professionals, researchers, ‘‘(C) meet the diverse training needs of the prove their skills and capacities for address- spiritual care professionals, school coun- range of emergency health professionals. ing mental health problems in the event of selors, and educators; and ‘‘(2) REVIEW OF CURRICULA.—The Training bioterrorism or other public health emer- ‘‘(ii) recommended by their respective na- Curricula Working Group shall routinely re- gency. tional professional organizational or univer- view existing training curricula and partici- ‘‘(c) AVAILABILITY.—The Director shall en- sity to such a position. pate in the revision of the training curricula sure that the clearinghouse— ‘‘(B) TERMS.—The members of the panel of described under this section as necessary, ‘‘(1) is available on the Internet; experts appointed under paragraph (1)— taking into consideration recommendations ‘‘(2) includes an interactive forum through ‘‘(i) shall be appointed for a term of 3 made by the participants of the annual na- which users’ questions are addressed; years; and tional forum under section 2825 and the As- ‘‘(3) provides links to additional Govern- ‘‘(ii) may be reappointed for an unlimited sessment Working Group described under ment-sponsored or other relevant websites number of terms. section 2826. that supply information on public mental ‘‘(C) BALANCE OF COMPOSITION.—The Direc- ‘‘(d) TRAINING INDIVIDUALS.— health emergency preparedness and service tor shall ensure that the membership com- ‘‘(1) FIELD TRAINERS.—The Director, in con- delivery; and position of the panel of experts fairly rep- sultation with the Training Curricula Work- ‘‘(4) includes the training curricula ap- resents a balance of the type and number of ing Group, shall develop a mechanism proved by the NCPMHEP under section 2822. experts described under subparagraph (A). through which qualified individuals trained ‘‘(d) CLEARINGHOUSE WORKING GROUP.— ‘‘(D) VACANCIES.— through the curricula approved by the ‘‘(1) IN GENERAL.—The Director shall con- ‘‘(i) IN GENERAL.—A vacancy on the panel NCPMHEP return to their communities to vene a Clearinghouse Working Group from of experts shall be filled in the manner in recruit and train others in their respective the panel of experts described under section which the original appointment was made fields to serve on local emergency response 2821(c) to— and shall be subject to conditions which ap- teams. ‘‘(A) evaluate the educational materials, plied with respect to the original appoint- ‘‘(2) FIELD LEADERS.—The Director, in con- guidelines, information, strategies, resources ment. sultation with the Training Curricula Work- and research maintained in the clearing- ‘‘(ii) FILLING UNEXPIRED TERM.—An indi- ing Group, shall develop a mechanism house to ensure empirical validity; and vidual chosen to fill a vacancy shall be ap- through which qualified individuals trained ‘‘(B) offer technical assistance to users of pointed for the unexpired term of the mem- in curricula approved by the NCPMHEP re- the clearinghouse with respect to finding and ber replaced. turn to their communities to provide exper- selecting the information and resources ‘‘(iii) EXPIRATION OF TERMS.—The term of tise to State and local government agencies available through the clearinghouse that any member shall not expire before the date to mobilize the mental health infrastructure would most effectively serve their commu- on which the member’s successor takes of- of such State or local agencies, including en- nity’s needs in preparing for, and delivering fice. suring that mental health is a component of mental health services during, bioterrorism ‘‘SEC. 2822. TRAINING CURRICULA FOR EMER- emergency preparedness and service delivery or other public health emergencies. GENCY HEALTH PROFESSIONALS. of such agencies. ‘‘(2) TECHNICAL ASSISTANCE.—The technical ‘‘(a) IN GENERAL.—The Director shall con- ‘‘(3) QUALIFICATIONS.—The individuals se- assistance described under paragraph (1) vene a Training Curricula Working Group lected under paragraph (1) or (2) shall— shall include the use of information from the from the panel of experts described in sec- ‘‘(A) pass a designated evaluation, as devel- clearinghouse to provide consultation, direc- tion 2821(c) to— oped by the Director in consultation with tion, and guidance to State and local govern- ‘‘(1) identify and review existing training the Training Curricula Working Group; and ments and public and private agencies on the curricula for emergency health profes- ‘‘(B) meet other qualifications as deter- development of public mental health emer- sionals; mined by the Director in consultation with gency plans for activities involving pre- ‘‘(2) approve any such training curricula the Training Curricula Working Group. paredness, mitigation, response, recovery, that satisfy practice and service delivery ‘‘SEC. 2823. USE OF REGISTRIES TO TRACK and evaluation. standards determined by the Training Cur- TRAINED EMERGENCY HEALTH PRO- ‘‘SEC. 2825. ANNUAL NATIONAL FORUM FOR PUB- ricula Working Group and that are evidence- FESSIONALS. LIC MENTAL HEALTH EMERGENCY based; and ‘‘(a) IN GENERAL.—The Director, in con- PREPAREDNESS AND SERVICE DE- ‘‘(3) make recommendations for, and par- sultation with the mental and public health LIVERY. ticipate in, the development of any addi- authorities of each State, shall coordinate ‘‘(a) IN GENERAL.—The Director shall orga- tional training curricula, as determined nec- the use of existing emergency registries es- nize an annual national forum to address essary by the Training Curricula Working tablished to track medical and mental public mental health emergency prepared- Group. health volunteers across all fields and spe- ness and service delivery for emergency ‘‘(b) PURPOSE OF TRAINING CURRICULA.—The cifically to track the individuals in the health professionals, researchers, scientists, Training Curricula Working Group shall en- State who have been trained using the cur- and experts in public mental health emer- sure that the training curricula approved by ricula approved by the NCPMHEP under sec- gency preparedness and service delivery, as the NCPMHEP— tion 2822. The Director shall ensure that the well as personnel from relevant Federal, ‘‘(1) provide the knowledge and skills nec- data available through such registries and State, and local agencies and other govern- essary to respond effectively to the psycho- used to track such trained individuals will be mental and nongovernmental organizations. logical needs of affected individuals, relief recoverable and available in the event that ‘‘(b) PURPOSE OF FORUM.—The national personnel, and communities in the event of such registries become inoperable. forum shall provide the framework for bring- bioterrorism or other public health emer- ‘‘(b) USE OF REGISTRY.—The tracking pro- ing such individuals together to, based on gency; and cedure under subsection (a) shall be used by evidence-based research and practice, iden- ‘‘(2) is used to build a trained network of the Secretary, the Secretary of Homeland tify and address gaps in science, practice, emergency health professionals at the State Security, and the Governor of each State, for policy, and education, make recommenda- and local levels. the recruitment and deployment of trained tions for the revision of training curricula ‘‘(c) CONTENT OF TRAINING CURRICULA.— emergency health professionals in the event and for the enhancement of mental health ‘‘(1) IN GENERAL.—The Training Curricula of bioterrorism or other public health emer- interventions, as appropriate, and make Working Group shall ensure that the train- gency. other recommendations as necessary. ing curricula approved by the NCPMHEP— ‘‘SEC. 2824. CLEARINGHOUSE FOR PUBLIC MEN- ‘‘SEC. 2826. EVALUATION OF THE EFFECTIVENESS ‘‘(A) prepare emergency health profes- TAL HEALTH EMERGENCY PRE- OF PUBLIC MENTAL HEALTH EMER- sionals, in the event of bioterrorism or other PAREDNESS AND SERVICE DELIV- GENCY PREPAREDNESS AND SERV- public health emergency, for identifying ERY. ICE DELIVERY EFFORTS. symptoms of mental health distress, sup- ‘‘(a) IN GENERAL.—The Director shall es- ‘‘(a) IN GENERAL.—The Director shall con- plying immediate relief to keep affected per- tablish and maintain a central clearinghouse vene an Assessment Working Group from the sons safe, recognizing when to refer affected of educational materials, guidelines, infor- panel of experts described in section 2821(c) persons for further mental healthcare, un- mation, strategies, resources, and research to evaluate the effectiveness of the derstanding how and where to refer for such on public mental health emergency pre- NCPMHEP’s efforts and those across the care, and other components as determined by paredness and service delivery. Federal Government in building the Nation’s the Director in consultation with the Train- ‘‘(b) DUTIES.—The Director shall ensure public mental health emergency prepared- ing Curricula Working Group; that the clearinghouse— ness and service delivery capacity. ‘‘(B) include training or informational ma- ‘‘(1) enables emergency health profes- ‘‘(b) DUTIES OF THE ASSESSMENT WORKING terial designed to educate and prepare State sionals and other members of the public to GROUP.—The Assessment Working Group and local government officials, in the event increase their awareness and knowledge of shall— of bioterrorism or other public health emer- public mental health emergency prepared- ‘‘(1) evaluate— gency, in coordinating and deploying mental ness and service delivery; and ‘‘(A) the effectiveness of each component health resources and services and in address- ‘‘(2) provides such users with access to a of the NCPMHEP, including the identifica- ing other mental health needs, as determined range of public mental health emergency re- tion and development of training curricula,

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6159 the clearinghouse, and the annual national Guard, shall establish or designate a center (6) carry out information sharing activities forum; as an interagency operational centers for consistent with such activities required by ‘‘(B) the effects of the training curricula on maritime and port security in each geo- section 1016 of the National Security Intel- the skills, knowledge, and attitudes of emer- graphic region designated as a Coast Guard ligence Reform Act of 2004 (6 U.S.C. 485) or gency health professionals and on their de- sector by the Commandant. the Homeland Security Information Sharing livery of mental health services in the event (b) PURPOSES.—The purposes of each center Act (6 U.S.C. 481 et seq.); of bioterrorism or other public health emer- established or designated under subsection (7) be incorporated into the screening and gency; (a) are to facilitate day-to-day operational high-risk cargo inspection programs carried ‘‘(C) the effects of the NCPMHEP on the coordination, interagency cooperation, unity out by the Bureau of Customs and Border capacities of State and local government of command, and the sharing of intelligence Protection; and agencies to coordinate, mobilize, and deploy information in a common mission to provide (8) carry out such other responsibilities resources and to deliver mental health serv- greater protection for port and intermodal that the Secretary of Homeland Security de- ices in the event of bioterrorism or other transportation systems against acts of ter- termines are appropriate. rorism. public health emergency; and SEC. 3. REPORT. (c) LOCATION.—Each center established or ‘‘(D) other issues as determined by the Sec- designated under subsection (a) shall be co- (a) REQUIREMENT.—Not later than 180 days retary, in consultation with the Assessment located with the command center for each after the date of enactment of this Act, the Working Group; and geographic region designated as a Coast Secretary of Homeland Security shall sub- ‘‘(2) submit the annual report required Guard sector. mit to the Committee on Appropriations, the under subsection (c). (d) CONNECTIVITY.—If a port is associated Committee on Homeland Security and Gov- ‘‘(c) ANNUAL REPORT.—On an annual basis, with a command center that is not located ernmental Affairs, and Committee on Com- the Assessment Working Group shall— at such port, the Secretary shall utilize ap- merce, Science, and Transportation of the ‘‘(1) report to the Secretary and appro- propriate electronic communications, in- Senate and the Committee on Appropria- priate committees of Congress the results of cluding virtual connectivity, to maintain tions, the Committee on Homeland Security, the evaluation by the Assessment Working awareness of activities of that port and to and the Committee on Energy and Commerce Group under this section; and provide for participation by the entities set of the House of Representatives a plan for ‘‘(2) publish and disseminate the results of out is subsection (f). the implementation of this Act. such evaluation on as wide a basis as is prac- (e) REQUIREMENTS.—Each center estab- (b) CONTENTS.—The report submitted under ticable, including through the NCPMHEP lished or designated under subsection (a) subsection (a) shall describe, for each center clearinghouse website under section 2824. shall— that will be established under section 2(a)— ‘‘(d) RECOMMENDATIONS.— (1) be modeled on the Charleston Harbor (1) the location of such center; ‘‘(1) IN GENERAL.—Based on the annual re- Operations Center (popularly known as (2) the entities who will participate in the port, the Director, in consultation with the Project SeaHawk) administered by the center; Assessment Working Group, shall make rec- United States Attorney’s Office for the Dis- (3) the cost to establish and operate the ommendations to the Secretary— trict of South Carolina for the Port of center; and ‘‘(A) for improving— Charleston located in Charleston, South (4) the resources necessary to operate and ‘‘(i) the training curricula identified and Carolina; and maintain, including the cost-sharing require- approved by the NCPMHEP; (2) be adapted to meet the security needs, ments for other agencies and participants. ‘‘(ii) the NCPMHEP clearinghouse; and requirements, and resources of the individual SEC. 4. RELATIONSHIP TO OTHER REQUIRE- ‘‘(iii) the annual forum of the NCPMHEP; port area at which each is operating. MENTS. and (f) PARTICIPATION.—The representatives of The Commandant of the Coast Guard shall ‘‘(B) regarding any other matter related to the following entities shall participate in utilize information developed for the report improving mental health preparedness and each center established or designated under required by section 807 of the Coast Guard service delivery in the event of bioterrorism subsection (a): and Maritime Transportation Act of 2004 or other public health emergency in the (1) The United States Coast Guard. (Public Law 108–293; 118 Stat. 1082) to carry United States through the NCPMHEP. (2) The United States Attorney’s Office in out the requirements of this Act. The Com- ‘‘(2) ACTION BY SECRETARY.—Based on the the district in which the center is located. mandant shall utilize the information devel- recommendations provided under paragraph (3) The Bureau of Customs and Border Pro- oped for the report required by that section (1), the Secretary shall submit recommenda- tection of the Department of Homeland Se- in carrying out the requirements of this Act. curity. tions to Congress for any legislative changes SEC. 5. AUTHORIZATION OF APPROPRIATIONS. necessary to implement such recommenda- (4) The Bureau of Immigration and Cus- There are authorized to be appropriated tions. toms Enforcement of the Department of such sums as may be necessary for each Homeland Security. Coast Guard sector for fiscal years 2007 ‘‘SEC. 2827. AUTHORIZATION OF APPROPRIA- (5) The Department of Defense, if the Sec- TIONS. through 2012 to carry out this Act. retary of Homeland Security and the Sec- ‘‘There are authorized to be appropriated retary of Defense determine appropriate. to carry out this subtitle— By Mrs. FEINSTEIN (for herself, (6) The Federal Bureau of Investigation. ‘‘(1) $15,000,000 for fiscal year 2007; and (7) Other Federal agencies with a presence Ms. SNOWE, Mr. DURBIN, Mr. ‘‘(2) such sums as may be necessary for fis- at the port, as appropriate, or as otherwise CHAFEE, Mr. INOUYE, Ms. CANT- cal years 2008 through 2011.’’. determined appropriate by the Secretary. WELL, Mr. NELSON of Florida, (8) State and local law enforcement and Mrs. BOXER, Mr. LAUTENBERG, By Mr. GRAHAM: first responder agencies responsible for the Mr. MENENDEZ, Mr. LIEBERMAN, S. 3542. A bill to improve maritime port, as appropriate, or as otherwise deter- and Ms. COLLINS): and cargo security and for other pur- mined appropriate by the Secretary. S. 3543. A bill to improve passenger pose; to the Committee on Commerce, (9) Port authority representatives, mari- automobile fuel economy and safety, Science, and Transportation. time exchanges, private sector stakeholders, and other entities subject to an Area Mari- reduce greenhouse gas emissions, re- Mr. GRAHAM. Mr. President, I ask duce dependence on foreign oil, and for unanimous consent that the text of the time Security Plan prepared pursuant to part 103 of title 33, Code of Federal Regula- other purposes; to the Committee on Project Seahawk Implementation Act tions, if determined appropriate by the Sec- Commerce, Science, and Transpor- be printed in the RECORD. retary. tation. There being no objection, the text of (g) RESPONSIBILITIES.—The head of each Mrs. FEINSTEIN. Mr. President, I the bill was ordered to be printed in center established or designated under sub- rise today with Senators SNOWE, DUR- the RECORD, as follows: section (a) shall— (1) assist, as appropriate, in the implemen- BIN, CHAFEE, INOUYE, COLLINS, CANT- S. 3542 tation of maritime transportation security WELL, BILL NELSON, BOXER, LAUTEN- Be it enacted by the Senate and House of Rep- plans developed under section 70103 of title BERG, MENENDEZ, and LIEBERMAN to in- resentatives of the United States of America in 46, United States Code; troduce a bill to increase CAFE stand- Congress assembled, (2) implement the transportation security ards by 10 miles in 10 years. SECTION 1. SHORT TITLE. incident response plans required under sec- This is a commonsense, bipartisan This Act may be cited as the ‘‘Project tion 70104 of such title; approach to reduce our dependence on SeaHawk Implementation Act of 2006’’. (3) be incorporated into the implementa- foreign oil, decrease our greenhouse SEC. 2. ESTABLISHMENT OF ADDITIONAL INTER- tion of maritime intelligence activities gas emissions, and save consumers at AGENCY OPERATIONAL CENTERS under section 70113 of such title; FOR PORT SECURITY. (4) conduct short- and long-range vessel the pump. (a) IN GENERAL.—Not later than 2 years tracking under sections 70114 and 70115 of We have the technology available after the date of enactment of this Act, the such title; today to increase the fuel economy of Secretary of Homeland Security, acting (5) be incorporated into the implementa- our vehicles. We just need the political through the Commandant of the Coast tion of section 70116 of such title; will—which is why we are here today.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6160 CONGRESSIONAL RECORD — SENATE June 20, 2006 Specifically, our bill would raise the SEC. 2. TABLE OF CONTENTS. Ten-in-Ten Fuel Economy Act, shall be the average fuel economy of all cars and The table of contents for this Act is as fol- greater of— SUVs to 35 miles per gallon by model lows: ‘‘(i) 27.5 miles per gallon; or year 2017. Sec. 1. Short title. ‘‘(ii) 92 percent of the average fuel econ- This would save 2.5 million barrels of Sec. 2. Table of contents. omy projected by the Secretary for the com- Sec. 3. Average fuel economy standards for bined domestic and foreign fleets manufac- oil per day by 2025. That is the same tured by all manufacturers in that model amount of oil we currently import passenger automobiles and light trucks. year. from the Persian Gulf. Sec. 4. Passenger car program reform. ‘‘(5) DEADLINE FOR REGULATIONS.—The Sec- This bill would also save consumers Sec. 5. Definition of work truck. retary shall promulgate the regulations re- dollars at the pump. At $3 per gallon, Sec. 6. Definition of light truck. quired by paragraphs (1) and (2) in final form Americans driving 15,000 miles per year Sec. 7. Ensuring safety of passenger auto- no later than 18 months after the date of en- are, on average, using 600 gallons of mobiles and light trucks. actment of the Ten-in-Ten Fuel Economy gasoline and spending $1,800 per year Sec. 8. Truth in fuel economy testing. Act.’’. Sec. 9. Onboard fuel economy indicators and SEC. 4. PASSENGER CAR PROGRAM REFORM. on gas. Section 32902 of title 49, United States By raising CAFE standards to 35 devices. Sec. 10. Secretary of Transportation to cer- Code, is amended— miles per gallon, consumers would only (1) by striking ‘‘gallon.’’ in subsection use 429 gallons of gas per year, costing tify benefits. Sec. 11. Credit trading program. (b)(1), as amended by section 3, and inserting $1,287 per year for gas. That is a sav- Sec. 12. Report to Congress. ‘‘gallon or such other number (or numbers) of miles per gallon as the Secretary may pre- ings of $513 per year at the pump. Sec. 13. Labels for fuel economy and green- scribe under subsection (c).’’; Assuming the consumer keeps the ve- house gas emissions. 2) by striking ‘‘the standard’’ in the first hicle for at least 5 years, that is a sav- SEC. 3. AVERAGE FUEL ECONOMY STANDARDS ings of more than $2,500—more than sentence of subsection (c)(1) and inserting ‘‘a FOR PASSENGER AUTOMOBILES AND standard’’; LIGHT TRUCKS. enough to recoup the cost of more effi- (3) by striking ‘‘the standard.’’ in the sec- (a) INCREASED STANDARDS.—Section 32902 cient vehicles. ond sentence of subsection (c)(1) and insert- of title 49, United States Code, is amended— Raising CAFE standards is also good ing ‘‘any standard prescribed under sub- (1) by striking ‘‘NON-PASSENGER AUTO- for the environment. The two largest section (b).’’; MOBILES.—’’ in subsection (a) and inserting culprits of climate change are coal- (4) by inserting ‘‘The Secretary may pre- ‘‘PRESCRIPTION OF STANDARDS BY REGULA- fired powerplants and automobiles. scribe separate standards for different class- TION.—’’; and es of passenger automobiles.’’ after ‘‘presen- Coal powerplants are the largest U.S. (2) by striking ‘‘(except passenger auto- source of carbon dioxide—producing 2.5 tation.’’ in subsection (c)(1); mobiles)’’in subsection (a) and inserting (5) by striking ‘‘(1) Subject to paragraph (2) billion tons every year. But the auto- ‘‘(except passenger automobiles and light of this subsection, the’’ in subsection (c)(1) mobile isn’t very far behind—producing trucks)’’; and inserting ‘‘At least 18 months before the nearly 1.5 billion tons of carbon dioxide (3) by striking subsection (b) and inserting beginning of each model year, the’’; and every year. In fact, every gallon of gas- the following: (6) by striking paragraph (2) of subsection oline burned emits 20 pounds of harm- ‘‘(b) STANDARDS FOR PASSENGER AUTO- (c). MOBILES AND LIGHT TRUCKS.— SEC. 5. DEFINITION OF WORK TRUCK. ful CO2 into the atmosphere. That ‘‘(1) IN GENERAL.—The Secretary of Trans- (a) DEFINITION OF WORK TRUCK.—Section means that each car is responsible for portation, after consultation with the Ad- about 12,000 pounds of greenhouse gas 32901(a) of title 49 is amended by inserting ministrator of the Environmental Protection after paragraph 11 the following: emissions every year. This legislation Agency, shall prescribe average fuel econ- ‘‘(11A) ‘work truck’ means an automobile would take a good first step at reduc- omy standards for passenger automobiles that the Secretary determines by regula- ing our greenhouse gas emissions. and light trucks manufactured by a manu- tion— By 2025, an average fuel economy facturer in each model year beginning with ‘‘(A) is rated at between 8,500 and 10,000 standard of 35mpg would eliminate 420 model year 2009 in order to achieve a com- pounds gross vehicle weight; and bined average fuel economy standard for pas- million metric tons of carbon dioxide ‘‘(B) is not a medium duty passenger vehi- senger automobiles and light trucks for cle as defined in 40 C.F.R. 86.1803–01.’’. emissions—the equivalent of taking 90 model year 2017 of at least 35 miles per gal- million cars—or 75 million cars and (b) DEADLINE FOR REGULATIONS.—The Sec- lon. retary of Transportation— light trucks—off the road in 1 year. ‘‘(2) ELIMINATION OF SUV LOOPHOLE.—Begin- (1) shall issue proposed regulations imple- Our daily driving habits are costing ning no later than with model year 2011, the menting the amendment made by subsection consumers at the pump, threatening regulations prescribed under this section (a) not later than 1 year after the date of en- our national security, and potentially may not make any distinction between pas- actment of this Act; and causing irrevocable harm to our envi- senger automobiles and light trucks. (2) shall issue final regulations imple- ronment. We have the technology ‘‘(3) PROGRESS TOWARD STANDARD RE- menting the amendment not later than 18 QUIRED.—In prescribing average fuel econ- months after the date of enactment of this available today to make significant in- omy standards under paragraph (1), the Sec- creases in fuel economy standards. In Act. retary shall prescribe appropriate annual (c) FUEL ECONOMY STANDARDS FOR WORK fact, David Greene of Oak Ridge Na- fuel economy standard increases for pas- TRUCKS.—The Secretary of Transportation, tional Laboratory, a leading expert on senger automobiles and light trucks that— in consultation with the Administrator of fuel economy, says that a 35 mpg ‘‘(A) increase the applicable average fuel the Environmental Protection Agency, shall standard by model year 2017 is cost ef- economy standard ratably beginning with prescribe standards to achieve the maximum fective and can be achieved without re- model year 2009 and ending with model year feasible fuel economy for work trucks (as de- ducing the size, weight, or horsepower 2017; fined in section 32901(a)(11A) of title 49, ‘‘(B) require that each manufacturer United States Code) manufactured by a man- of vehicles. And 78 percent of U.S. driv- achieve— ufacturer in each model year beginning in ers have said they are willing to pay ‘‘(i) a fuel economy standard for passenger model year 2011. for better fuel economy. automobiles manufactured by that manufac- SEC. 6. DEFINITION OF LIGHT TRUCK. The longer we delay, the harder it turer of at least 31.1 miles per gallon no later (a) DEFINITION OF LIGHT TRUCK.— will be to kick our addiction to oil. We than model year 2009; and (1) IN GENERAL.—Section 32901(a) of title 49, must act today. ‘‘(ii) a fuel economy standard for light United States Code, is amended by inserting I ask unanimous consent that the trucks manufactured by that manufacturer after paragraph (11) the following: text of the bill be printed in the of at least 23.6 miles per gallon no later than ‘‘(11B) ‘light truck’ means an automobile RECORD. model year 2009. that the Secretary determines by regula- There being no objection, the text of ‘‘(4) FUEL ECONOMY BASELINE FOR PAS- tion— the bill was ordered to be printed in SENGER AUTOMOBILES.—Notwithstanding the ‘‘(A) is manufactured primarily for trans- maximum feasible average fuel economy porting not more than 10 individuals; the RECORD, as follows: level established by regulations prescribed ‘‘(B) is rated at not more than 10,000 S. 3543 under subsection (c), the minimum fleetwide pounds gross vehicle weight; Be it enacted by the Senate and House of Rep- average fuel economy standard for passenger ‘‘(C) is not a passenger automobile; and resentatives of the United States of America in automobiles manufactured by a manufac- ‘‘(D) is not a work truck.’’. Congress assembled, turer in a model year for that manufactur- (2) DEADLINE FOR REGULATIONS.—The Sec- SECTION 1. SHORT TITLE. er’s domestic fleet and foreign fleet, as cal- retary of Transportation— This Act may be cited as the ‘‘Ten-in-Ten culated under section 32904 of this chapter as (A) shall issue proposed regulations imple- Fuel Economy Act’’. in effect before the date of enactment of the menting the amendment made by paragraph

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(1) not later than 1 year after the date of the 85 and 600.209-95 of title 40, Code of Federal ‘‘(c) ENFORCEMENT.—Subchapter IV of enactment of this Act; and Regulations, (or successor regulations) to chapter 301 of this title shall apply to a fuel (B) shall issue final regulations imple- take into consideration current factors, such economy standard prescribed under sub- menting the amendment not later than 18 as— section (a) to the same extent and in the months after the date of the enactment of (1) speed limits; same manner as if that standard were a this Act. (2) acceleration rates; motor vehicle safety standard under chapter (3) EFFECTIVE DATE.—Regulations pre- (3) braking; 301.’’. scribed under paragraph (1) shall apply be- (4) variations in weather and temperature; (b) CONFORMING AMENDMENT.—The chapter ginning with model year 2009. (5) vehicle load; analysis for chapter 329 of title 49, United (b) APPLICABILITY OF EXISTING STAND- (6) use of air conditioning; States Code, as amended by section 8, is fur- ARDS.—This section does not affect the appli- (7) driving patterns; and ther amended by inserting after the item re- cation of section 32902 of title 49, United (8) the use of other fuel-consuming fea- lating to section 32920 the following: States Code, to passenger automobiles or tures. ‘‘32921. Fuel economy indicators and de- non-passenger automobiles manufactured be- (b) LABELS FOR FUEL ECONOMY MODE DE- vices’’. fore model year 2009. VICES.—The Administrator of the Environ- SEC. 10. SECRETARY OF TRANSPORTATION TO (c) AUTHORIZATION OF APPROPRIATIONS.— mental Protection Agency shall include fuel CERTIFY BENEFITS. There are authorized to be appropriated to economy label information for all fuel econ- Beginning with model year 2009, the Sec- the Secretary of Transportation to carry out omy modes provided by devices described in retary of Transportation, in consultation the provisions of chapter 329 of title 49, section 9(a)(3) of this Act. with the Administrator of the Environ- United States Code, $25,000,000 for each of fis- (c) DEADLINE.—In carrying out subsection mental Protection Agency, shall determine cal years 2007 through 2019. (a), the Administrator shall— and certify annually to the Congress— SEC. 7. ENSURING SAFETY OF PASSENGER AUTO- (1) issue a notice of proposed rulemaking, (1) the annual reduction in United States MOBILES AND LIGHT TRUCKS. or amend the notice of proposed rulemaking consumption of gasoline or petroleum dis- (a) IN GENERAL.—The Secretary of Trans- for Docket Id. No. OAR–2003–0214, not later tillates used for vehicle fuel, and portation shall exercise such authority than 90 days after the date of enactment of (2) the annual reduction in greenhouse gas under Federal law as the Secretary may have this Act; and emissions, to ensure that— (2) promulgate a final rule not later than properly attributable to the implementation (1) passenger automobiles and light trucks 180 days after the date on which the notice of the average fuel economy standards im- (as those terms are defined in section 32901 of under paragraph (1) is issued. posed under section 32902 of title 49, United title 49, United States Code) are safe; (d) USE OF COMMON MEASUREMENTS FOR LA- States Code, as a result of the amendments (2) progress is made in improving the over- BELLING AND COMPLIANCE TESTING.—Section made by this Act. all safety of passenger automobiles and light 32904(c) of title 49, United States Code, is SEC. 11. CREDIT TRADING PROGRAM. trucks; and amended to read as follows: Section 32903 of title 49, United States (3) progress is made in maximizing United ‘‘(c) TESTING AND CALCULATION PROCE- Code, is amended— States employment. DURES.—The Administrator shall measure (1) by striking ‘‘passenger’’ each place it EHICLE SAFETY.—Subchapter II of (b) V fuel economy for each model and calculate appears; chapter 301 of title 49, United States Code, is average fuel economy for a manufacturer (2) by striking ‘‘section 32902(b)–(d) of this amended by adding at the end the following: using the same procedures and factors used title’’ each place it appears and inserting ‘‘§ 30129. Vehicle compatibility and by the Administrator for labeling purposes ‘‘subsection (a), (c), or (d) of section 32902’’; aggressivity reduction standard under section 32908 by model year 2015.’’. (3) by striking ‘‘clause (1) of this sub- ‘‘(a) STANDARDS.—The Secretary of Trans- (e) REEVALUATION AND REPORT.—Not later section’’ in subsection (a)(2) and inserting portation shall issue a motor vehicle safety than 3 years after the date of promulgation ‘‘paragraph (1)’’; and standard to reduce vehicle incompatibility of the final rule under subsection (b)(2), and (4) by striking subsection (e) and inserting and aggressivity between passenger vehicles triennially thereafter, the Administrator the following: and non-passenger vehicles. The standard shall— ‘‘(e) CREDIT TRADING AMONG MANUFACTUR- shall address characteristics necessary to en- (1) reevaluate the fuel economy labeling ERS.—The Secretary of Transportation may sure better management of crash forces in procedures described in subsections (a) and establish, by regulation, a corporate average multiple vehicle frontal and side impact (c) to determine whether changes in the fac- fuel economy credit trading program to crashes between different types, sizes, and tors used to establish the labeling procedures allow manufacturers whose automobiles ex- weights of vehicles with a gross vehicle warrant a revision of that process; and ceed the average fuel economy standards weight of 10,000 pounds or less in order to de- (2) submit a report to the Senate Com- prescribed under section 32902 to earn credits crease occupant deaths and injuries. mittee on Commerce, Science, and Transpor- to be sold to manufacturers whose auto- ‘‘(b) CONSUMER INFORMATION.—The Sec- tation and the House of Representatives mobiles fail to achieve the prescribed stand- retary shall develop and implement a public Committee on Energy and Commerce that ards.’’. describes the results of the reevaluation information side and frontal compatibility SEC. 12. REPORT TO CONGRESS. crash test program with vehicle ratings process. Not later than December 31, 2012, the Sec- based on risks to occupants, risks to other SEC. 9. ONBOARD FUEL ECONOMY INDICATORS retary of Transportation shall submit to motorists, and combined risks by vehicle AND DEVICES. Congress a report on the progress made by make and model.’’. (a) IN GENERAL.—Chapter 329 of title 49, the automobile manufacturing industry to- (c) RULEMAKING DEADLINES.— United States Code, as amended by section 8, wards meeting the 35 miles per gallon aver- (1) RULEMAKING.—The Secretary of Trans- is further amended by adding at the end the age fuel economy standard required under portation shall issue— following: section 32902(b)(4) of title 49, United States (A) a notice of a proposed rulemaking ‘‘§ 32921. Fuel economy indicators and de- Code. under section 30129 of title 49, United States vices SEC. 13. LABELS FOR FUEL ECONOMY AND Code, not later than January 1, 2008; and ‘‘(a) IN GENERAL.—The Secretary of Trans- GREENHOUSE GAS EMISSIONS. (B) a final rule under that section not later portation, in consultation with the Adminis- Section 32908 of title 49,United States than December 31, 2009. trator of the Environmental Protection Code, is amended— (2) EFFECTIVE DATE OF REQUIREMENTS.—Any Agency, shall prescribe a fuel economy (1) by striking ‘‘title.’’ in subsection (a)(1) requirement imposed under the final rule standard for passenger automobiles and light and inserting ‘‘title, and a light truck (as de- issued under paragraph (1) shall become fully trucks manufactured by a manufacturer in fined in section 32901(a)(11A)) manufactured effective no later than September 1, 2012. each model year beginning with model year by a manufacturer in a model year after (d) CONFORMING AMENDMENT.—The chapter 2013 that requires each such automobile and model year 2009; and’’; analysis for chapter 301 is amended by in- light truck to be equipped with— (2) by redesignating subparagraph (F) of serting after the item relating to section ‘‘(1) an onboard electronic instrument that subsection (b)(1) as subparagraph (H), and in- 30128 the following: provides real-time and cumulative fuel econ- serting after subparagraph (E) the following: ‘‘30129. Vehicle compatibility and omy data; ‘‘(F) a label (or a logo imprinted on a label aggressivity reduction stand- ‘‘(2) an onboard electronic instrument that required by this paragraph) that— ard’’. signals a driver when inadequate tire pres- ‘‘(i) reflects an automobile’s performance SEC. 8. TRUTH IN FUEL ECONOMY TESTING. sure may be affecting fuel economy; and on the basis of criteria developed by the Ad- (a) IN GENERAL.—The Administrator of the ‘‘(3) a device that will allow drivers to ministrator to reflect the fuel economy and Environmental Protection Agency, in con- place the automobile or light truck in a greenhouse gas and other emissions con- sultation with the Secretary of Transpor- mode that will automatically produce great- sequences of operating the automobile over tation, shall, as appropriate, use existing er fuel economy. its likely useful life; emission test cycles and updated adjustment ‘‘(b) EXCEPTION.—Subsection (a) does not ‘‘(ii) permits consumers to compare per- factors to update and revise the process used apply to any vehicle that is not subject to an formance results under clause (i) among all to determine fuel economy values for label- average fuel economy standard under section passenger automobiles and light duty trucks ing purposes as described in sections 600.209- 32902(b). (as defined in section 32901); and

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6162 CONGRESSIONAL RECORD — SENATE June 20, 2006 ‘‘(ii) is designed to encourage the manufac- Whereas the Hurricanes are the first pro- SENATE RESOLUTION 518—HON- ture and sale of passenger automobiles and fessional sports team in North Carolina his- ORING THE LIFE AND ACCOM- light trucks that meet or exceed applicable tory to win a major sports championship; PLISHMENTS OF JAMES CAM- fuel economy standards under section 32902. Whereas the Hurricanes finished at the top ERON ‘‘(G) a fuelstar under paragraph (5).’’; and of the Southeast Division of the Eastern (3) by adding at the end of subsection (b) Conference during the regular season with a Mr. FEINGOLD (for himself, Mr. the following: record of 52–22–8; KOHL, Mr. ALLEN, Mr. LAUTENBERG, Mr. ‘‘(4) GREEN LABEL PROGRAM.— Whereas the Hurricanes rallied from a 2- LEVIN, Mr. OBAMA, and Ms. LANDRIEU) ‘‘(A) MARKETING ANALYSIS.—Within 2 years game deficit, winning 4 consecutive games to submitted the following resolution; after the date of enactment of the Ten-in- defeat the Montreal Canadians in the first which was considered and agreed to: Ten Fuel Economy Act, the Administrator round of the playoffs; S. RES. 518 shall complete a study of social marketing Whereas the Hurricanes rolled over the strategies with the goal of maximizing con- Whereas James Cameron founded Amer- sumer understanding of point-of-sale labels New Jersey Devils in the second round of the ica’s Black Holocaust Museum (the Museum) or logos described in paragraph (1)(F). playoffs, winning the series in only 5 games; in Milwaukee, Wisconsin, a compelling me- morial in the United States to victims of ‘‘(B) ELIGIBILITY.—Within 3 years after Whereas the Hurricanes showed their de- that date, the Administrator shall issue re- sire to win a championship by defeating the lynching and racial violence; quirements for the label or logo required by Buffalo Sabres in the seventh game of the Whereas Mr. Cameron was the last living paragraph (1)(F) to ensure that a passenger Eastern Conference Finals to advance to the survivor of a lynching until his death on automobile or light truck is not eligible for Stanley Cup Finals; June 11, 2006, at age 92; Whereas a Senate resolution recognized the label or logo unless it— Whereas in Game 1 of the Stanley Cup Mr. Cameron as the Nation’s oldest living ‘‘(i) meets or exceeds the applicable fuel Finals the Hurricanes became only the sixth lynching victim in June 2005 and formally economy standard; or team in NHL Finals history to overcome a 3- apologized for its failure to outlaw lynching, ‘‘(ii) will have the lowest greenhouse gas goal deficit to win; which killed more than 4,700 people from 1882 emissions over the useful life of the vehicle Whereas Cam Ward became the first rookie to 1968, three-fourths of whom were black; of all vehicles in the vehicle class to which it goaltender to win a Stanley Cup in 20 years, Whereas seven United States Presidents belongs in that model year. and with 22 saves in Game 7, was named the called for lynching to be outlawed, and the ‘‘(C) CRITERIA.—In developing criteria for MVP of the playoffs, becoming the fourth House of Representatives passed bans three the label or logo, the Administrator shall rookie and second-youngest player to be times in the early twentieth century, only to also consider, among others as appropriate, awarded the Conn Smythe Trophy; have the Senate filibuster each of them, one the following factors: Whereas Hurricanes head coach Peter filibuster lasting six weeks; ‘‘(i) The recyclability of the automobile. Laviolette won his first Stanley Cup in his Whereas in Marion, Indiana in 1930, when ‘‘(ii) Any other pollutants or harmful by- first full season at the helm of the team; he was 16 years old, Mr. Cameron and two products related to the automobile, which friends, Abe Smith (age 19) and Tommy may include those generated during manu- Whereas defensemen Aaron Ward and Frantisek Kaberle scored goals during the Shipp (age 18), were falsely accused of killing facture of the automobile, those issued dur- a Caucasian man and raping his girlfriend; ing use of the automobile, or those generated first period in Game 7 to put the Hurricanes up 2–0; Whereas after the arrest of the three men, after the automobile ceases to be operated. a mob broke into the jail where they were Whereas with the team only 1 goal ahead, ‘‘(5) FUELSTAR PROGRAM.— being held and tried to lynch them; Justin Williams sealed the 3–1 victory with ‘‘(A) IN GENERAL.—The Secretary shall es- Whereas the mob lynched Mr. Smith and tablish a program, to be known as the an empty net goal in the final minute of the Mr. Shipp but spared Mr. Cameron’s life; ‘fuelstar’ program, under which stars shall game; Whereas Mr. Cameron was beaten into be imprinted on or attached to the label re- Whereas a sold-out crowd of 18,978 at the signing a false confession, convicted in 1931, quired by paragraph (1). RBC Center in Raleigh, North Carolina cele- and paroled in 1935; ‘‘(B) GREEN STARS.—Under the program a brated as the final horn sounded, announcing Whereas the governor of Indiana pardoned manufacturer may place green stars on the the Hurricanes’ championship; Mr. Cameron in 1993 and apologized to him; label maintained on an automobile under Whereas the Hurricanes veteran captain Whereas Mr. Cameron promoted civil and paragraph (1) as follows: Rod Brind’Amour, who demonstrated great social justice issues and founded three ‘‘(i) 1 green star for any automobile that leadership throughout the entire season, won NAACP chapters in Indiana during the 1940s; meets the average fuel economy standard for his first Stanley Cup and was the first to ac- Whereas James Cameron served as the In- the model year under section 32902. cept the Cup from NHL commissioner Gary diana State Director of Civil Liberties from ‘‘(ii) 1 additional green star for each 2 Bettman by hoisting the historic trophy over 1942 to 1950, and he investigated over 25 cases miles per gallon by which the automobile ex- his head in victory; involving civil rights violations; ceeds that standard. Whereas assistant captain Glen Wesley, Whereas Mr. Cameron relocated to Wis- ‘‘(C) GOLD STARS.—Under the program a consin after receiving many death threats, manufacturer may place a gold star on the who has played in more playoff games than any other active NHL player, won his first but he continued civil rights work and label maintained on an automobile under played a role in protests to end segregated Stanley Cup at age 37; paragraph (1) if— housing in Milwaukee; Whereas 21-year-old Eric Staal became the ‘‘(i) in the case of a passenger automobile, Whereas in 1983, Mr. Cameron published A youngest player to lead the playoffs in scor- it obtains a fuel economy of 50 miles per gal- Time of Terror, his autobiographical account lon or more; and ing since Gordie Howe in 1949; of the events surrounding his arrest in 1930; ‘‘(ii) in the case of a light truck, it obtains Whereas hockey now joins college basket- Whereas Mr. Cameron founded America’s a fuel economy of 37 miles per gallon or ball and NASCAR as the favorite pastimes of Black Holocaust Museum in 1988 in order to more.’’. North Carolina; preserve the history of lynching in the Whereas each player from the Hurricanes f United States and to recognize the struggle championship team will have his name for- of African-American people for equality; SUBMITTED RESOLUTIONS ever etched on the Stanley Cup; and Whereas the Museum contains the Nation’s Whereas North Carolina will be home to foremost collection of lynching images, both the Stanley Cup for at least the next year: photographs and postcards, documenting the SENATE RESOLUTION 517—COM- Now, therefore, be it heinous practice of lynching in the United States; MENDING THE CAROLINA HURRI- Resolved, That the Senate— Whereas the Museum performs a critical CANES FOR WINNING THE 2006 (1) applauds the Carolina Hurricanes for role by exposing this painful, dark, and ugly winning the 2006 Stanley Cup; NATIONAL HOCKEY LEAGUE practice in the Nation’s history, so that STANLEY CUP (2) recognizes the achievements of the knowledge can be used to promote under- players, head coach Peter Laviolette, the as- Mrs. DOLE (for herself and Mr. BURR) standing and to counter racism, fear, and vi- sistant coaches, and the support staff who all olence; submitted the following resolution; played critical roles in leading the Hurri- which was considered and agreed to: Whereas the Museum also documents the canes to the championship; and history of the African-American experience S. RES. 517 (3) respectfully requests the Secretary of from slavery to the civil rights movement to Whereas on June 19, 2006, the Carolina Hur- the Senate to transmit an enrolled copy of the present day; and ricanes toppled the Edmonton Oilers in one this resolution to Hurricanes owner Peter Whereas the Museum exists to educate the of the most exciting National Hockey Karmanos, Jr. and head coach Peter public about injustices suffered by people of League (NHL) Finals in history by a score of Laviolette for appropriate display. African-American heritage, and to provide 3–1 in the seventh and final game; visitors with an opportunity to rethink as- Whereas this is the first Stanley Cup for sumptions about race and racism: Now, the Carolina Hurricanes; therefore, be it

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Resolved, That the Senate honors and cele- SA 4349. Mr. WARNER (for Mrs. DOLE (for SA 4372. Mr. COBURN submitted an brates the life and accomplishments of herself and Mr. JEFFORDS)) proposed an amendment intended to be proposed by him James Cameron and expresses condolences at amendment to the bill S. 2766, supra. to the bill S. 2766, supra; which was ordered his passing. SA 4350. Mr. WARNER proposed an amend- to lie on the table. f ment to the bill S. 2766, supra. SA 4373. Mr. COBURN submitted an SA 4351. Mr. LEVIN (for Mr. AKAKA (for amendment intended to be proposed by him AMENDMENTS SUBMITTED & himself, Ms. COLLINS, Mr. GRASSLEY, Mr. to the bill H.R. 2863, making appropriations PROPOSED DURBIN, Mr. LEVIN, and Mr. LIEBERMAN)) pro- for the Department of Defense for the fiscal posed an amendment to the bill S. 2766, year ending September 30, 2006, and for other SA 4332. Mr. BURNS (for himself and Mr. supra. SANTORUM) submitted an amendment in- purposes; which was ordered to lie on the SA 4352. Mr. WARNER (for Mr. ENSIGN) table. tended to be proposed by him to the bill S. proposed an amendment to the bill S. 2766, 2766, to authorize appropriations for fiscal supra. SA 4374. Ms. CANTWELL (for herself and year 2007 for military activities of the De- SA 4353. Mr. LEVIN (for Mr. AKAKA) pro- Mr. LIEBERMAN) submitted an amendment partment of Defense, for military construc- posed an amendment to the bill S. 2766, intended to be proposed by her to the bill S. tion, and for defense activities of the Depart- supra. 2766, to authorize appropriations for fiscal ment of Energy, to prescribe personnel SA 4354. Mr. WARNER (for Mr. ENSIGN) year 2007 for military activities of the De- strengths for such fiscal year for the Armed proposed an amendment to the bill S. 2766, partment of Defense, for military construc- Forces, and for other purposes; which was or- supra. tion, and for defense activities of the Depart- dered to lie on the table. SA 4355. Mr. WARNER (for himself and Mr. ment of Energy, to prescribe personnel SA 4333. Mr. NELSON, of Florida (for him- LEVIN) submitted an amendment intended to strengths for such fiscal year for the Armed self and Mr. KENNEDY) submitted an amend- be proposed by him to the bill S. 2766, supra. Forces, and for other purposes; which was or- ment intended to be proposed by him to the SA 4356. Mr. WARNER (for himself and Mr. dered to lie on the table. bill S. 2766, supra; which was ordered to lie LEVIN) proposed an amendment to the bill S. SA 4375. Ms. LANDRIEU submitted an on the table. 2766, supra. amendment intended to be proposed by her SA 4334. Mr. BIDEN submitted an amend- SA 4357. Mr. LEVIN (for Mr. MENENDEZ (for to the bill S. 2766, supra; which was ordered ment intended to be proposed by him to the himself and Mr. BINGAMAN)) proposed an to lie on the table. bill S. 2766, supra; which was ordered to lie amendment to the bill S. 2766, supra. SA 4376. Mr. ENZI proposed an amendment on the table. SA 4358. Mr. WARNER (for himself and Mr. to the bill S. 2766, supra. LEVIN) proposed an amendment to the bill S. SA 4335. Mrs. HUTCHISON submitted an SA 4377. Mrs. HUTCHISON submitted an 2766, supra. amendment intended to be proposed by her amendment intended to be proposed by her SA 4359. Mr. LEVIN (for Mr. BINGAMAN (for to the bill S. 2766, supra; which was ordered to the bill S. 2766, supra; which was ordered himself and Mr. MENENDEZ)) proposed an to lie on the table. to lie on the table. SA 4336. Mrs. HUTCHISON submitted an amendment to the bill S. 2766, supra. SA 4378. Mr. BINGAMAN submitted an amendment intended to be proposed by her SA 4360. Mr. WARNER proposed an amend- amendment intended to be proposed by him to the bill S. 2766, supra; which was ordered ment to the bill S. 2766, supra. to the bill S. 2766, supra; which was ordered to lie on the table. SA 4361. Mrs. CLINTON submitted an amendment intended to be proposed by her to lie on the table. SA 4337. Mr. REID (for himself, Mr. DUR- to the bill S. 2766, supra; which was ordered BIN, Mr. BIDEN, Mr. LEVIN, Mr. MENENDEZ, SA 4379. Mrs. MURRAY submitted an to lie on the table. Mr. LAUTENBERG, and Mr. ROCKEFELLER) sub- amendment intended to be proposed by her SA 4362. Ms. LANDRIEU submitted an mitted an amendment intended to be pro- to the bill S. 2766, supra; which was ordered amendment intended to be proposed by her posed by him to the bill S. 2766, supra; which to lie on the table. to the bill S. 2766, supra; which was ordered was ordered to lie on the table. SA 4380. Mrs. MURRAY submitted an to lie on the table. SA 4338. Mr. CONRAD submitted an amendment intended to be proposed by her SA 4363. Ms. LANDRIEU submitted an amendment intended to be proposed by him to the bill S. 2766, supra; which was ordered amendment intended to be proposed by her to the bill S. 2766, supra; which was ordered to lie on the table. to the bill S. 2766, supra; which was ordered to lie on the table. to lie on the table. SA 4339. Ms. LANDRIEU submitted an SA 4364. Mr. DURBIN submitted an amend- f amendment intended to be proposed by her ment intended to be proposed by him to the to the bill S. 2766, supra; which was ordered bill S. 2766, supra; which was ordered to lie TEXT OF AMENDMENTS to lie on the table. on the table. SA 4340. Ms. LANDRIEU submitted an SA 4365. Mr. CHAMBLISS (for himself, Mr. SA 4332. Mr. BURNS (for himself and amendment intended to be proposed by her GRAHAM, Mrs. CLINTON, and Mr. BURNS) sub- Mr. SANTORUM) submitted an amend- to the bill S. 2766, supra; which was ordered mitted an amendment intended to be pro- to lie on the table. ment intended to be proposed by him posed by him to the bill S. 2766, supra; which to the bill S. 2766, to authorize appro- SA 4341. Mr. DURBIN submitted an amend- was ordered to lie on the table. ment intended to be proposed by him to the SA 4366. Mr. ALLARD submitted an priations for fiscal year 2007 for mili- bill S. 2766, supra; which was ordered to lie amendment intended to be proposed by him tary activities of the Department of on the table. to the bill S. 2677, supra; which was ordered Defense, for military construction, and SA 4342. Mrs. LINCOLN submitted an to lie on the table. for defense activities of the Depart- amendment intended to be proposed by her SA 4367. Mr. OBAMA (for himself and Mr. ment of Energy, to prescribe personnel to the bill S. 2766, supra; which was ordered BOND) submitted an amendment intended to strengths for such fiscal year for the to lie on the table. be proposed by him to the bill S. 2766, to au- SA 4343. Mr. BINGAMAN (for himself and Armed Forces, and for other purposes; thorize appropriations for fiscal year 2007 for which was ordered to lie on the table; Mr. MENENDEZ) submitted an amendment in- military activities of the Department of De- tended to be proposed by him to the bill S. fense, for military construction, and for de- as follows: 2766, supra; which was ordered to lie on the fense activities of the Department of Energy, At the end of subtitle F of title V, add the table. to prescribe personnel strengths for such fis- following: SA 4344. Mr. VITTER submitted an amend- cal year for the Armed Forces, and for other SEC. 587. FUNERAL CEREMONIES FOR VETERANS. ment intended to be proposed by him to the purposes; which was ordered to lie on the (a) SUPPORT FOR CEREMONIES BY DETAILS bill S. 2766, supra; which was ordered to lie table. on the table. SA 4368. Mr. NELSON, of Florida (for him- CONSISTING SOLELY OF MEMBERS OF VET- ERANS AND THER RGANIZATIONS SA 4345. Mr. ENSIGN submitted an amend- self and Mr. MARTINEZ) submitted an amend- O O .— ment intended to be proposed by him to the ment intended to be proposed by him to the (1) SUPPORT OF CEREMONIES.—Section 1491 bill S. 2766, supra; which was ordered to lie bill S. 2766, supra; which was ordered to lie of title 10, United States Code, is amended— on the table. on the table. (A) by redesignating subsections (e), (f), SA 4346. Mr. LOTT submitted an amend- SA 4369. Mr. JEFFORDS submitted an (g), and (h) as subsections (f), (g), (h), and (i), ment intended to be proposed by him to the amendment intended to be proposed by him respectively; and bill S. 2766, supra; which was ordered to lie to the bill S. 2766, supra; which was ordered (B) by inserting after subsection (d) the on the table. to lie on the table. following new subsection (e): SA 4347. Mr. LOTT (for himself and Mr. SA 4370. Mr. COBURN submitted an ‘‘(e) FUNERAL CEREMONIES FOR VETERANS COCHRAN) submitted an amendment intended amendment intended to be proposed by him PROVIDED BY DETAILS OTHER THAN FUNERAL to be proposed by him to the bill S. 2766, to the bill S. 2766, supra; which was ordered HONOR DETAILS.—In the case of funeral hon- supra; which was ordered to lie on the table. to lie on the table. ors at the funeral of a veteran that are pro- SA 4348. Mr. GRASSLEY submitted an SA 4371. Mr. COBURN submitted an vided by a detail that consists solely of amendment intended to be proposed by him amendment intended to be proposed by him members of veterans organizations or other to the bill S. 2766, supra; which was ordered to the bill S. 2766, supra; which was ordered organizations referred to in subsection (b)(2), to lie on the table. to lie on the table. the Secretary of the military department of

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SEC. 924. INCLUSION OF HOMELAND DEFENSE (B) in paragraph (1) of section (f), as redes- (2) CONSIDERATIONS.—The military golf AND CIVIL SUPPORT MISSIONS OF ignated by subsection (a)(1) of this section, courses so selected shall— THE NATIONAL GUARD AND RE- (A) be geographically dispersed; and SERVES IN THE QUADRENNIAL DE- by inserting ‘‘(other than a requirement in FENSE REVIEW. subsection (e)’’ after ‘‘pursuant to this sec- (B) be selected after consideration of the Section 118(d) of title 10, United States tion’’. relative higher density of disabled members Code, is amended— (b) USE OF EXCESS M–1 FOR CEREMONIAL of the Armed Forces and military retirees in (1) by redesignating paragraph (15) as para- AND OTHER PURPOSES.—Section 4683 of such the vicinity of their installations. graph (16); and title is amended— (3) LIMITATION.—The Secretary may not se- (2) by inserting after paragraph (14) the fol- (1) in subsection (a), by adding at the end lect a military golf course to participate in lowing new paragraph (15): the following new paragraph: the pilot project if that military golf course ‘‘(15) The homeland defense mission and ‘‘(3) Rifles loaned or donated under para- already has golf carts that are accessible for the civil support mission of the reserve com- graph (1) may be used by an eligible designee disabled persons. ponents of the armed forces, including the for funeral ceremonies of a member or (c) REQUIRED NUMBER OF ACCESSIBLE GOLF organization and capabilities required for former member of the armed forces and for CARTS.—The Secretary shall provide at least the reserve components to discharge each other ceremonial purposes.’’; two golf carts accessible to disabled persons such mission.’’. (2) in subsection (c), by inserting after ‘‘ac- at each pilot project location. countability’’ the following: ‘‘, provided that (d) ACCEPTANCE OF GOLF CARTS FROM PRI- SA 4336. Mrs. HUTCHISON submitted such conditions do not unduly hamper eligi- VATE SOURCES.—Notwithstanding any other an amendment intended to be proposed ble designees from participating in funeral provision of law, the Secretary may accept by her to the bill S. 2766, to authorize ceremonies of a member or former member and utilize for purposes of the pilot project of the armed forces or other ceremonies’’; golf carts accessible to disabled persons that appropriations for fiscal year 2007 for (3) in subsection (d)— are donated to the Department for purposes military activities for the Department (A) in paragraph (2), by striking ‘‘; or’’ and of the pilot project. of Defense, for military construction, inserting ‘‘or fire department;’’; (e) DEPARTMENT OF DEFENSE HEALTH CARE and for defense activities of the De- (B) in paragraph (3), by striking the period AWARENESS.—Military medical treatment fa- partment of Energy, to prescribe per- at the end and inserting ‘‘; or’’; and cilities shall provide information to patients sonnel strengths for such fiscal year (C) by adding at the end the following new about the pilot project and the availability for the Armed Forces, and for other paragraph: of golf carts accessible to disabled persons at purposes; which was ordered to lie on ‘‘(4) any other member in good standing of military golf courses participating in the an organization described in paragraphs (1), pilot project and at other military golf the table; as follows: (2), or (3).’’; and courses that already provide such golf carts. At the end of subtitle F of title V, add the (4) by adding at the end the following new (f) DURATION.—The Secretary shall conduct following: subsection: the pilot project for two years. SEC. 587. REPORT ON OMISSION OF SOCIAL SECU- ‘‘(e) ELIGIBLE DESIGNEE DEFINED.—In this (f) REPORT REQUIRED.—Not later than De- RITY NUMBERS ON MILITARY IDEN- section, the term ‘eligible designee’ means a cember 31, 2007, the Secretary, acting TIFICATION CARDS. designee of an eligible organization who— through the Under Secretary of Defense for (a) REPORT.—Not later than 180 days after ‘‘(1) is a spouse, son, daughter, nephew, Personnel and Readiness, shall submit to the the date of the enactment of this Act, the niece, or other family relation of a member congressional defense committees a report Secretary of Defense shall submit to Con- or former member of the armed forces; containing— gress a report setting forth the assessment of ‘‘(2) is at least 18 years of age; and (1) the results of the pilot project; and the Secretary of the feasibility of utilizing ‘‘(3) has successfully completed a formal (2) recommendations on the feasibility and military identification cards that do not firearm training program or a hunting safety advisability of expanding the pilot project to contain, display or exhibit the Social Secu- program.’’. other military golf courses. rity Number of the individual identified by such military identification card. (b) MILITARY IDENTIFICATION CARD DE- SA 4333. Mr. NELSON of Florida (for SA 4334. Mr. BIDEN submitted an FINED.—In this section, the term ‘‘military himself and Mr. KENNEDY) submitted amendment intended to be proposed by identification card’’ has the meaning given an amendment intended to be proposed him to the bill S. 2766, to authorize ap- the term ‘‘military ID card’’ in section by him to the bill S. 2766, to authorize propriations for fiscal year 2007 for 1060b(b)(1) of title 10, United States Code. appropriations for fiscal year 2007 for military activities of the Department military activities of the Department of Defense, for military construction, SA 4337. Mr. REID (for himself, Mr. of Defense, for military construction, and for defense activities of the De- DURBIN, Mr. BIDEN, Mr. LEVIN, Mr. and for defense activities of the De- partment of Energy, to prescribe per- MENENDEZ, Mr. LAUTENBERG, and Mr. partment of Energy, to prescribe per- sonnel strengths for such fiscal year ROCKEFELLER) submitted an amend- sonnel strengths for such fiscal year for the Armed Forces, and for other ment intended to be proposed by him for the Armed Forces, and for other purposes; which was ordered to lie on to the bill S. 2766, to authorize appro- purposes; which was ordered to lie on the table; as follows: priations for fiscal year 2007 for mili- the table; as follows: At the end of subtitle I of title X, add fol- tary activities of the Department of At the end of subtitle E of title VI, add the lowing: Defense, for military construction, and following: SEC. 1084. LIMITATION ON AVAILABILITY OF for defense activities of the Depart- SEC. 662. PILOT PROJECT ON PROVISION OF FUNDS FOR CERTAIN PURPOSES RE- ment of Energy, to prescribe personnel GOLF CARTS ACCESSIBLE FOR DIS- LATING TO IRAQ. strengths for such fiscal year for the ABLED PERSONS AT MILITARY GOLF No funds authorized to be appropriated by Armed Forces, and for other purposes; COURSES. this Act, or any other Act, may be obligated (a) PILOT PROJECT REQUIRED.—The Sec- which was ordered to lie on the table; or expended for a purpose as follows: as follows: retary of Defense shall conduct a pilot (1) To establish a permanent United States project for the purpose of— military installation or base in Iraq. At the end of subtitle A of title XII, add (1) assessing the feasibility of making (2) To exercise United States control over the following: available, as soon as practicable at all mili- the oil resources of Iraq. SEC. 1209. INTELLIGENCE ON IRAN. tary golf courses in the United States, an (a) SUBMITTAL TO CONGRESS OF UPDATED adequate supply of golf carts that are acces- SA 4335. Mrs. HUTCHISON submitted NATIONAL INTELLIGENCE ESTIMATE ON IRAN.— sible for disabled persons authorized to use an amendment intended to be proposed (1) SUBMITTAL REQUIRED.—As soon as is such courses; and practicable, but not later than 90 days after (2) developing a Department of Defense- by her to the bill S. 2766, to authorize the date of the enactment of this Act, the wide campaign to increase the awareness appropriations for fiscal year 2007 for Director of National Intelligence shall sub- among such disabled persons of the avail- military activities for the Department mit to Congress an updated National Intel- ability of accessible golf carts and to pro- of Defense, for military construction, ligence Estimate on Iran.

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(2) NOTICE REGARDING SUBMITTAL.—If the dent shall submit to Congress a report on the On page 549, between lines 2 and 3, insert Director determines that the National Intel- following: the following: ligence Estimate required by paragraph (1) (A) The objectives of United States policy SEC. 2834. ESTABLISHMENT OF DEFENSE BASE cannot be submitted by the date specified in on Iran. CLOSURE AND REALIGNMENT RE- that paragraph, the Director shall submit to (B) The strategy for achieving such objec- VIEW BOARD. Congress a report setting forth— tives. The Defense Base Closure and Realignment (A) the reasons why the National Intel- (2) FORM.—The report under paragraph (1) Act of 1990 (part A of title XXIX of Public ligence Estimate cannot be submitted by shall be submitted in unclassified form with Law 101–510; 10 U.S.C. 2687 note) is amended such date; and a classified annex, as appropriate. by adding at the end the following new sec- (B) an estimated date for the submittal of (3) ELEMENTS.—The report submitted under tion: the National Intelligence Estimate. paragraph (1) shall— ‘‘SEC. 2915. DEFENSE BASE CLOSURE AND RE- ALIGNMENT REVIEW BOARD. (3) FORM.—The National Intelligence Esti- (A) address the role of diplomacy, incen- ‘‘(a) ESTABLISHMENT.—There is established mate under paragraph (1) shall be submitted tives, sanctions, other punitive measures and an independent board to be known as the De- in classified form. Consistent with the pro- incentives, and other programs and activi- fense Base Closure and Realignment Review tection of intelligence sources and methods, ties relating to Iran for which funds are pro- Board (hereafter in this section referred to an unclassified summary of the key judg- vided by Congress; and as the ‘Board’). ments of the National Intelligence Estimate (B) summarize United States contingency ‘‘(b) MEMBERSHIP.— should be submitted. planning regarding the range of possible ‘‘(1) COMPOSITION.—The Board shall be (4) ELEMENTS.—The National Intelligence United States military actions in support of composed of 11 members appointed by the Estimate submitted under paragraph (1) United States policy objectives with respect President, of whom— shall address the following: to Iran. ‘‘(A) 7 shall be voting members, appointed (A) The foreign policy and regime objec- (c) DIRECTOR OF NATIONAL INTELLIGENCE by and with the consent of the Senate, who tives of Iran. REPORT ON PROCESS FOR VETTING AND CLEAR- have broad-based private sector experience (B) The current status of the nuclear pro- ING ADMINISTRATION OFFICIALS’ STATEMENTS in the areas of real estate management, grams of Iran, including— DRAWN FROM INTELLIGENCE.— banking, investments, auditing, and national (i) an assessment of the current and pro- (1) REPORT REQUIRED.—As soon as is prac- security, of whom— jected capabilities of Iran to design a nuclear ticable, but not later than 90 days after the ‘‘(i) 4 shall be nominated by the President weapon, to produce plutonium, enriched ura- date of the enactment of this Act, the Direc- based on the respective recommendations of nium, and other weapons materials, to build tor of National Intelligence shall submit to the majority leader of the Senate, the minor- a nuclear weapon, and to deploy a nuclear Congress a report on the process for vetting ity leader of the Senate, the Speaker of the weapon; and and clearing statements of Administration House of Representatives, and the minority (ii) an assessment of the intentions of Iran officials that are drawn from or rely upon in- leader of the House of Representatives; and regarding possible development of nuclear telligence. ‘‘(ii) one shall be designated by the Presi- weapons, the motivations underlying such (2) ELEMENTS.—The report shall— dent to serve as Chairman of the Board; intentions, and the factors that might influ- (A) describe current policies and practices ‘‘(B) 4 shall be non-voting members, serv- ence changes in such intentions. of the Office of the Director of National In- ing at the pleasure of the President, of (C) The military and defense capabilities of telligence and the intelligence community whom— Iran, including any non-nuclear weapons of for— ‘‘(i) one shall be an official of the Depart- mass destruction programs and related deliv- (i) vetting and clearing statements of sen- ment of Defense; ery systems. ior Administration officials that are drawn ‘‘(ii) one shall be an official of the Environ- (D) The relationship of Iran with terrorist from or rely upon intelligence; and mental Protection Agency; and organizations, the use by Iran of terrorist or- (ii) how significant misstatements of intel- ‘‘(iii) 2 shall be Federal Government offi- ganizations in furtherance of its foreign pol- ligence that may occur in public statements cials (other than the officials described in icy objectives, and the factors that might of senior public officials are identified, clauses (i) and (ii)) designated by the Presi- cause Iran to reduce or end such relation- brought to the attention of any such offi- dent after consultation with the Comptroller ships. cials, and corrected; General of the United States. (E) The prospects for support from the (B) assess the sufficiency and adequacy of ‘‘(2) DATE.—The appointments of the mem- international community for various poten- such policies and practices; and bers of the Board shall be made not later tial courses of action with respect to Iran, (C) include any recommendations that the than 120 days after the date of the enactment including diplomacy, sanctions, and military Director considers appropriate to improve of the National Defense Authorization Act action. such policies and practices. for Fiscal Year 2007. (F) The anticipated reaction of Iran to the ‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.— courses of action set forth under subpara- SA 4338. Mr. CONRAD submitted an ‘‘(1) PERIOD OF APPOINTMENT.—Members graph (E), including an identification of the amendment intended to be proposed by shall be appointed for a term of not more course or courses of action most likely to him to the bill S. 2766, to authorize ap- than 6 years, and may be reappointed by the successfully influence Iran in terminating or propriations for fiscal year 2007 for President. The terms of not more than 4 moderating its policies of concern. military activities of the Department members may expire during any one year. (G) The level of popular and elite support of Defense, for military construction, ‘‘(2) VACANCIES.—Any vacancy in the Board within Iran for the Iran regime, and for its shall not affect its powers, but shall be filled and for defense activities of the De- in the same manner as the original appoint- civil nuclear program, nuclear weapons am- partment of Energy, to prescribe per- bitions, and other policies, and the prospects ment and subject to any conditions that ap- for reform and political change within Iran. sonnel strengths for such fiscal year plied with respect to the original appoint- (H) The views among the populace and for the Armed Forces, and for other ment. An individual chosen to fill a vacancy elites of Iran with respect to the United purposes; which was ordered to lie on shall be appointed for the unexpired term of States, including views on direct discussions the table; as follows: the member replaced. with or normalization of relations with the ‘‘(d) DUTIES.—The Board shall carry out On page 151, line 13, strike ‘‘or the Sec- the following duties: United States. retary of Defense’’ and insert ‘‘, the Sec- ‘‘(1) Ensuring compliance by the Depart- (I) The views among the populace and retary of Defense, or the Secretary of the ment of Defense and the military depart- elites of Iran with respect to other key coun- military department concerned’’. ments with the recommendations of the tries involved in nuclear diplomacy with On page 152, line 21, strike ‘‘or the Sec- Commission that were approved in the report Iran. retary of Defense’’ and insert ‘‘, the Sec- submitted by the President to Congress (J) The likely effects and consequences of retary of Defense, or the Secretary of the under section 2903 as part of the 2005 round of any military action against the nuclear pro- military department concerned’’. defense base closure and realignment. grams or other regime interests of Iran. SA 4339. Ms. LANDRIEU submitted ‘‘(2) Reviewing and analyzing the property (K) The confidence level of key judgments conveyance policies of the Office of the Sec- in the National Intelligence Estimate, the an amendment intended to be proposed retary of Defense and the military depart- quality of the sources of intelligence on Iran, by her to the bill S. 2766, to authorize ments. the nature and scope of any gaps in intel- appropriations for fiscal year 2007 for ‘‘(3) Assessing the effectiveness of such ligence on Iran, and any significant alter- military activities of the Department property conveyance policies. native views on the matters contained in the of Defense, for military construction, ‘‘(4) Assessing the adequacy of funding re- National Intelligence Estimate. and for defense activities of the De- lated to the implementation of the approved (b) PRESIDENTIAL REPORT ON POLICY OBJEC- partment of Energy, to prescribe per- recommendations of the Commission, includ- TIVES AND UNITED STATES STRATEGY REGARD- ing funding for environmental remediation. ING IRAN.— sonnel strengths for such fiscal year ‘‘(e) REPORTS.— (1) REPORT REQUIRED.—As soon as is prac- for the Armed Forces, and for other ‘‘(1) ANNUAL REPORT.— ticable, but not later than 90 days after the purposes; which was ordered to lie on ‘‘(A) IN GENERAL.—Not later than October date of the enactment of this Act, the Presi- the table; as follows: 31, 2007, and annually thereafter for the next

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Administration, the Secretary of Housing lent to level IV of the Executive Schedule ‘‘(B) CONTENT.—Each report submitted and Urban Development, and the Secretary under section 5315 of title 5, United States under subparagraph (A) shall— of the Interior. Code. The employment of the Director shall ‘‘(i) track and monitor the use of the De- ‘‘(3) FINAL REPORT.—Not later than Decem- be subject to confirmation by the Board. partment of Defense Base Closure Account ber 31, 2011, the Board shall submit to Con- ‘‘(4) APPOINTMENT OF STAFF.—The Director 2005 established by section 2906A; gress and the President a final report on the may, with the approval of the Board, appoint ‘‘(ii) describe the implementation by each implementation of the recommendations of up to 25 staff members to enable the Board military department of the approved rec- the Commission that were approved in the to perform its duties, and fix the compensa- ommendations of the Commission, including report submitted by the President to Con- tion of such staff without regard to the pro- any related annual net savings; gress under section 2903 as part of the 2005 visions of chapter 51 and subchapter III of ‘‘(iii) describe the implementation of pri- round of defense base closure and realign- chapter 53 of title 5, United States Code, re- vatization plans; ment. The report shall include a review of lating to classification of positions and the ‘‘(iv) describe any environmental remedi- the defense base closure and realignment General Schedule pay rates, except that the ation undertaken by the Department of De- process and any recommendations of the rate of pay may not exceed the rate of basic fense, and the related costs; and Board for changes in such process. pay equivalent to level IV of the Executive ‘‘(v) describe the effect, if any, of the clo- ‘‘(f) MEETINGS.— Schedule under section 5315 of such title. sure or realignment of military installations ‘‘(1) IN GENERAL.—Each meeting of the ‘‘(5) PROCUREMENT OF TEMPORARY AND under the 2005 round of defense base closure Board, other than meetings in which classi- INTERMITTENT SERVICES.—The Board may and realignment on the international treaty fied information is to be discussed, shall be procure temporary and intermittent services obligations of the United States. open to the public. under section 3109(b) of title 5, United States ‘‘(C) COOPERATION OF DEPARTMENT OF DE- ‘‘(2) ACCESS TO PROCEEDINGS, INFORMATION, Code. FENSE.—The Secretary of Defense and the AND DELIBERATIONS.—All the proceedings, in- ‘‘(h) FUNDING.— Secretaries of the military departments formation, and deliberations of the Board ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— shall cooperate with and provide such sup- shall be open, upon request, to the following: There are authorized to be appropriated to port to the Board as may be needed for the ‘‘(A) The Chairman and the ranking minor- the Board such funds as are necessary to purpose of preparing reports under this para- ity party member of the Subcommittee on carry out its duties under this section. Such graph. Readiness and Management Support of the funds shall remain available until expended. ‘‘(2) SPECIAL REPORT ON ALTERNATIVE PROC- Committee on Armed Services of the Senate, ‘‘(2) TRANSFER OF FUNDS.—If the Chairman ESSES FOR CLOSED AND REALIGNED MILITARY or such other members of the Subcommittee of the Board certifies to the Secretary of De- INSTALLATIONS.— designated by such Chairman or ranking mi- fense that insufficient funds are appropriated ‘‘(A) IN GENERAL.—Not later than January to the Board in any fiscal year, the Sec- 30, 2008, the Board shall submit to Congress nority party member. ‘‘(B) The Chairman and the ranking minor- retary of Defense shall, not later than 30 and the President a report on the status of days after receiving such certification, military installations scheduled for closure ity party member of the Subcommittee on Readiness of the Committee on Armed Serv- transfer to the Board from the Department and realignment under the 2005 round of de- of Defense Base Closure Account 2005 estab- fense base closure and realignment. ices of the House of Representatives, or such other members of the Subcommittee des- lished by section 2906A the amount requested ‘‘(B) CONTENT.—The report submitted by the Board in the certification. Such funds under subparagraph (A) shall— ignated by such Chairman or ranking minor- ity party member. shall remain available until expended. ‘‘(i) include the results and detailed anal- ‘‘(i) INAPPLICABILITY OF FACA.—The re- ysis of a study of the implementation of the ‘‘(C) The Chairman and ranking minority party member of the Subcommittee on Mili- quirements of the Federal Advisory Com- recommendations made by the Commission mittee Act (5 U.S.C. App.) shall not apply to that were approved in the report submitted tary Construction and Veterans Affairs, and Related Agencies of the Committees on Ap- the activities of the Board. by the President to Congress under section ‘‘(j) TERMINATION.—The Board shall termi- propriations of the Senate or such other 2903 as part of the 2005 round of defense base nate 90 days after the submission of the final members of the Subcommittee designated by closure and realignment; report required under subsection (e)(3).’’. ‘‘(ii) examine the feasibility of catego- such Chairman or ranking minority party rizing military installations scheduled for member. SA 4340. Ms. LANDRIEU submitted closure and realignment as— ‘‘(D) The Chairman and ranking minority an amendment intended to be proposed ‘‘(I) properties that are the subject of nego- party member of the Subcommittee on Mili- by her to the bill S. 2766, to authorize tiations with local redevelopment authori- tary Quality of Life and Veterans’ Affairs, and Related Agencies of the Committees on appropriations for fiscal year 2007 for ties or other parties for re-use or rezoning, military activities of the Department and which may require special financing ar- Appropriations of the House of Representa- rangements such as loans, loan guarantees, tives, or such other members of the Sub- of Defense, for military construction, investments, environmental bonds and insur- committee designated by such Chairman or and for defense activities of the De- ance, or other arrangements in order to ranking minority party member. partment of Energy, to prescribe per- transfer title and use to municipal, State, or ‘‘(g) BOARD PERSONNEL MATTERS.— sonnel strengths for such fiscal year private sector entities; and ‘‘(1) COMPENSATION OF MEMBERS.— for the Armed Forces, and for other ‘‘(II) properties that are sites on the Na- ‘‘(A) IN GENERAL.—Each member of the purposes; which was ordered to lie on tional Priorities List developed by the Presi- Board, other than the Chairman, who is not the table; as follows: dent in accordance with section 105(a)(8)(B) an officer or employee of the Federal Gov- On page 549, between lines 2 and 3, insert of the Comprehensive Environmental Re- ernment shall be compensated at a rate the following: sponse, Compensation, and Liability Act of equivalent to the daily equivalent of the an- 1980 (42 U.S.C. 9605(a)(8)(B)) or that have sig- nual rate of basic pay payable for level IV of SEC. 2834. ESTABLISHMENT OF DEFENSE BASE CLOSURE AND REALIGNMENT RE- nificant environmental remediation prob- the Executive Schedule under section 5315 of VIEW BOARD. lems requiring long-term management and title 5, United States Code, for each day (in- The Defense Base Closure and Realignment oversight; and cluding travel time) during which such mem- Act of 1990 (part A of title XXIX of Public ‘‘(iii) include a detailed examination of the ber is engaged in the performance of the du- Law 101–510; 10 U.S.C. 2687 note) is amended feasibility of— ties of the Board. All members of the Board by adding at the end the following new sec- ‘‘(I) using one or more corporate models, who are officers or employees of the Federal tion: including a public-private corporate model Government shall serve without compensa- ‘‘SEC. 2915. DEFENSE BASE CLOSURE AND RE- such as a foundation with a dedicated endow- tion in addition to that received for their ALIGNMENT REVIEW BOARD. ment, for transferring, managing, and pre- services as officers or employees of the Fed- ‘‘(a) ESTABLISHMENT.—There is established paring military installations closed or re- eral Government. an independent board to be known as the De- aligned since 1988 as part of the defense base ‘‘(B) CHAIRMAN.—The Chairman shall be fense Base Closure and Realignment Review closure and realignment process; and compensated at a rate equivalent to the Board (hereafter in this section referred to ‘‘(II) using a public-private corporation to daily equivalent to the annual rate of basic as the ‘Board’). handle properties designated pursuant to pay payable for level III of the Executive ‘‘(b) MEMBERSHIP.— clause (ii)(I) and a foundation to handle Schedule under section 5314 of title 5, United ‘‘(1) COMPOSITION.—The Board shall be properties designated pursuant to clause States Code. composed of 11 members appointed by the (ii)(II). ‘‘(2) TRAVEL EXPENSES.—The members of President, of whom— ‘‘(C) CONSULTATION WITH OTHER AGENCIES.— the Board shall be allowed travel expenses, ‘‘(A) 7 shall be voting members, appointed In completing the study required under this including per diem in lieu of subsistence, in by and with the consent of the Senate, who

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have broad-based private sector experience ‘‘(v) describe the effect, if any, of the clo- ‘‘(f) MEETINGS.— in the areas of real estate management, sure or realignment of military installations ‘‘(1) IN GENERAL.—Each meeting of the banking, investments, auditing, and national under the 2005 round of defense base closure Board, other than meetings in which classi- security, of whom— and realignment on the international treaty fied information is to be discussed, shall be ‘‘(i) 4 shall be nominated by the President obligations of the United States. open to the public. based on the respective recommendations of ‘‘(C) COOPERATION OF DEPARTMENT OF DE- ‘‘(2) ACCESS TO PROCEEDINGS, INFORMATION, the majority leader of the Senate, the minor- FENSE.—The Secretary of Defense and the AND DELIBERATIONS.—All the proceedings, in- ity leader of the Senate, the Speaker of the Secretaries of the military departments formation, and deliberations of the Board House of Representatives, and the minority shall cooperate with and provide such sup- shall be open, upon request, to the following: leader of the House of Representatives; and port to the Board as may be needed for the ‘‘(A) The Chairman and the ranking minor- ‘‘(ii) one shall be designated by the Presi- purpose of preparing reports under this para- ity party member of the Subcommittee on dent to serve as Chairman of the Board; graph. Readiness and Management Support of the ‘‘(B) 4 shall be non-voting members, serv- ‘‘(2) SPECIAL REPORT ON ALTERNATIVE PROC- Committee on Armed Services of the Senate, ing at the pleasure of the President, of ESSES FOR CLOSED AND REALIGNED MILITARY or such other members of the Subcommittee whom— INSTALLATIONS.— designated by such Chairman or ranking mi- ‘‘(i) one shall be an official of the Depart- ‘‘(A) IN GENERAL.—Not later than January nority party member. ment of Defense; 30, 2008, the Board shall submit to Congress ‘‘(B) The Chairman and the ranking minor- ‘‘(ii) one shall be an official of the Environ- and the President a report on the status of ity party member of the Subcommittee on mental Protection Agency; and military installations scheduled for closure Readiness of the Committee on Armed Serv- ‘‘(iii) 2 shall be Federal Government offi- and realignment under the 2005 round of de- ices of the House of Representatives, or such cials (other than the officials described in fense base closure and realignment. other members of the Subcommittee des- clauses (i) and (ii)) designated by the Presi- ‘‘(B) CONTENT.—The report submitted ignated by such Chairman or ranking minor- dent after consultation with the Comptroller under subparagraph (A) shall— ity party member. General of the United States. ‘‘(i) include the results and detailed anal- ‘‘(C) The Chairman and ranking minority ‘‘(2) DATE.—The appointments of the mem- ysis of a study of the implementation of the party member of the Subcommittee on Mili- bers of the Board shall be made not later recommendations made by the Commission tary Construction and Veterans Affairs, and than 120 days after the date of the enactment that were approved in the report submitted Related Agencies of the Committees on Ap- of the National Defense Authorization Act by the President to Congress under section propriations of the Senate or such other for Fiscal Year 2007. 2903 as part of the 2005 round of defense base members of the Subcommittee designated by closure and realignment; such Chairman or ranking minority party ‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.— ‘‘(ii) examine the feasibility of catego- member. ‘‘(1) PERIOD OF APPOINTMENT.—Members rizing military installations scheduled for ‘‘(D) The Chairman and ranking minority shall be appointed for a term of not more closure and realignment as— party member of the Subcommittee on Mili- than 6 years, and may be reappointed by the ‘‘(I) properties that are the subject of nego- tary Quality of Life and Veterans’ Affairs, President. The terms of not more than 4 tiations with local redevelopment authori- and Related Agencies of the Committees on members may expire during any one year. ties or other parties for re-use or rezoning, Appropriations of the House of Representa- ‘‘(2) VACANCIES.—Any vacancy in the Board and which may require special financing ar- tives, or such other members of the Sub- shall not affect its powers, but shall be filled rangements such as loans, loan guarantees, committee designated by such Chairman or in the same manner as the original appoint- investments, environmental bonds and insur- ranking minority party member. ment and subject to any conditions that ap- ance, or other arrangements in order to ‘‘(g) BOARD PERSONNEL MATTERS.— plied with respect to the original appoint- transfer title and use to municipal, State, or ‘‘(1) COMPENSATION OF MEMBERS.— ment. An individual chosen to fill a vacancy private sector entities; and ‘‘(A) IN GENERAL.—Each member of the shall be appointed for the unexpired term of ‘‘(II) properties that are sites on the Na- Board, other than the Chairman, who is not the member replaced. tional Priorities List developed by the Presi- an officer or employee of the Federal Gov- ‘‘(d) DUTIES.—The Board shall carry out dent in accordance with section 105(a)(8)(B) ernment shall be compensated at a rate the following duties: of the Comprehensive Environmental Re- equivalent to the daily equivalent of the an- ‘‘(1) Ensuring compliance by the Depart- sponse, Compensation, and Liability Act of nual rate of basic pay payable for level IV of ment of Defense and the military depart- 1980 (42 U.S.C. 9605(a)(8)(B)) or that have sig- the Executive Schedule under section 5315 of ments with the recommendations of the nificant environmental remediation prob- title 5, United States Code, for each day (in- Commission that were approved in the report lems requiring long-term management and cluding travel time) during which such mem- submitted by the President to Congress oversight; and ber is engaged in the performance of the du- under section 2903 as part of the 2005 round of ‘‘(iii) include a detailed examination of the ties of the Board. All members of the Board defense base closure and realignment. feasibility of— who are officers or employees of the Federal ‘‘(2) Reviewing and analyzing the property ‘‘(I) using one or more corporate models, Government shall serve without compensa- conveyance policies of the Office of the Sec- including a public-private corporate model tion in addition to that received for their retary of Defense and the military depart- such as a foundation with a dedicated endow- services as officers or employees of the Fed- ments. ment, for transferring, managing, and pre- eral Government. ‘‘(3) Assessing the effectiveness of such paring military installations closed or re- ‘‘(B) CHAIRMAN.—The Chairman shall be property conveyance policies. aligned since 1988 as part of the defense base compensated at a rate equivalent to the ‘‘(4) Assessing the adequacy of funding re- closure and realignment process; and daily equivalent to the annual rate of basic lated to the implementation of the approved ‘‘(II) using a public-private corporation to pay payable for level III of the Executive recommendations of the Commission, includ- handle properties designated pursuant to Schedule under section 5314 of title 5, United ing funding for environmental remediation. clause (ii)(I) and a foundation to handle States Code. ‘‘(e) REPORTS.— properties designated pursuant to clause ‘‘(2) TRAVEL EXPENSES.—The members of ‘‘(1) ANNUAL REPORT.— (ii)(II). the Board shall be allowed travel expenses, ‘‘(A) IN GENERAL.—Not later than October ‘‘(C) CONSULTATION WITH OTHER AGENCIES.— including per diem in lieu of subsistence, in 31, 2007, and annually thereafter for the next In completing the study required under this accordance with sections 5702 and 5703 of 4 years, the Board shall submit to Congress paragraph, the Board shall consult with the title 5, United States Code. and the President a report on the implemen- Secretary of Defense, the Secretaries of the ‘‘(3) DIRECTOR.—The Chairman of the Board tation of the recommendations of the Com- military departments, the Comptroller Gen- may, without regard to the civil service laws mission that were approved in the report eral of the United States, the Administrator and regulations, appoint a Director, who submitted by the President to Congress of the Environmental Protection Agency, shall be paid at the rate of basic pay equiva- under section 2903 as part of the 2005 round of the Administrator of the Federal Aviation lent to level IV of the Executive Schedule defense base closure and realignment. Administration, the Secretary of Housing under section 5315 of title 5, United States ‘‘(B) CONTENT.—Each report submitted and Urban Development, and the Secretary Code. The employment of the Director shall under subparagraph (A) shall— of the Interior. be subject to confirmation by the Board. ‘‘(i) track and monitor the use of the De- ‘‘(3) FINAL REPORT.—Not later than Decem- ‘‘(4) APPOINTMENT OF STAFF.—The Director partment of Defense Base Closure Account ber 31, 2011, the Board shall submit to Con- may, with the approval of the Board, appoint 2005 established by section 2906A; gress and the President a final report on the up to 25 staff members to enable the Board ‘‘(ii) describe the implementation by each implementation of the recommendations of to perform its duties, and fix the compensa- military department of the approved rec- the Commission that were approved in the tion of such staff without regard to the pro- ommendations of the Commission, including report submitted by the President to Con- visions of chapter 51 and subchapter III of any related annual net savings; gress under section 2903 as part of the 2005 chapter 53 of title 5, United States Code, re- ‘‘(iii) describe the implementation of pri- round of defense base closure and realign- lating to classification of positions and the vatization plans; ment. The report shall include a review of General Schedule pay rates, except that the ‘‘(iv) describe any environmental remedi- the defense base closure and realignment rate of pay may not exceed the rate of basic ation undertaken by the Department of De- process and any recommendations of the pay equivalent to level IV of the Executive fense, and the related costs; and Board for changes in such process. Schedule under section 5315 of such title.

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‘‘(5) PROCUREMENT OF TEMPORARY AND (i) for the first report required by para- (C) the term ‘‘Convention Against Tor- INTERMITTENT SERVICES.—The Board may graph (1), during the period beginning on ture’’ means the Convention Against Torture procure temporary and intermittent services September 11, 2001 and ending on the date of and Other Cruel, Inhuman or Degrading under section 3109(b) of title 5, United States such report; and Treatment or Punishment, done at New Code. (ii) for each subsequent report, the 1-year York on December 10, 1984. ‘‘(h) FUNDING.— period beginning on the date of the previous ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— report. SA 4342. Mrs. LINCOLN submitted an There are authorized to be appropriated to (C) For each country described in subpara- amendment intended to be proposed by the Board such funds as are necessary to graph (B)— her to the bill S. 2766, to authorize ap- carry out its duties under this section. Such (i) a certification that the country has propriations for fiscal year 2007 for funds shall remain available until expended. complied with its assurances that it would military activities of the Department ‘‘(2) TRANSFER OF FUNDS.—If the Chairman not subject to torture any individual trans- of the Board certifies to the Secretary of De- ferred from the custody or physical control of Defense, for military construction, fense that insufficient funds are appropriated of the United States to such country or a and for defense activities of the De- to the Board in any fiscal year, the Sec- statement that such certification cannot be partment of Energy, to prescribe per- retary of Defense shall, not later than 30 made; and sonnel strengths for such fiscal year days after receiving such certification, (ii) a detailed explanation of the basis for for the Armed Forces, and for other transfer to the Board from the Department each certification under clause (i), includ- purposes; which was ordered to lie on of Defense Base Closure Account 2005 estab- ing— the table; as follows: lished by section 2906A the amount requested (I) a description of the country’s assur- by the Board in the certification. Such funds ances to the United States, including wheth- At the end of subtitle D of title V, add the shall remain available until expended. er the assurances are oral or written, and, if following: ‘‘(i) INAPPLICABILITY OF FACA.—The re- the assurances are written, a copy of the as- SEC. 569. MODIFICATION OF TIME LIMIT FOR USE quirements of the Federal Advisory Com- surances; OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPO- mittee Act (5 U.S.C. App.) shall not apply to (II) a description of all efforts to monitor the activities of the Board. NENT MEMBERS SUPPORTING CON- compliance with the assurances, including TINGENCY OPERATIONS AND OTHER ‘‘(j) TERMINATION.—The Board shall termi- whether the United States has made periodic OPERATIONS. nate 90 days after the submission of the final visits to all individuals transferred from the (a) MODIFICATION.—Section 16164(a) of title report required under subsection (e)(3).’’. custody or physical control of the United 10, United States Code, is amended by strik- SA 4341. Mr. DURBIN submitted an States to such country and investigated all ing ‘‘this chapter while serving—’’ and all amendment intended to be proposed by credible allegations that such individuals that follows and inserting ‘‘this chapter— have been subjected to torture, and, if so, the him to the bill S. 2766, to authorize ap- ‘‘(1) while the member is serving— conclusions of the United States regarding ‘‘(A) in the Selected Reserve of the Ready propriations for fiscal year 2007 for the treatment of such individuals; Reserve, in the case of a member called or military activities of the Department (III) whether international or local human- ordered to active service while serving in the of Defense, for military construction, itarian or human rights groups have been Selected Reserve; or and for defense activities of the De- able to monitor effectively the treatment of ‘‘(B) in the Ready Reserve, in the case of a partment of Energy, to prescribe per- individuals transferred from the custody or member ordered to active duty while serving sonnel strengths for such fiscal year physical control of the United States to such in the Ready Reserve (other than the Se- for the Armed Forces, and for other country, and, if so, the conclusions of such lected Reserve); and purposes; which was ordered to lie on groups regarding the treatment of such indi- ‘‘(2) in the case of a person who separates the table; as follows: viduals; and from the Selected Reserve of the Ready Re- (IV) human rights conditions in the coun- serve after completion of a period of active At the end of subtitle A of title XII, add try, based on the annual Human Rights Re- service described in section 16163 of this title the following: ports published by the Secretary of State, re- and completion of a service contract under SEC. 1209. RENDITION. ports from international and local humani- other than dishonorable conditions, during (a) PROHIBITION ON RENDITION TO TOR- tarian and human rights groups, and any the 10-year period beginning on the date on TURE.—No individual in the custody or under other relevant information. which the person separates from the Selected the physical control of the United States, re- (c) PROHIBITION ON USE OF ASSURANCES.—If Reserve.’’. gardless of whether the individual is phys- the Secretary of State does not submit a cer- (b) CONFORMING AMENDMENT.—Paragraph ically present in territory under the jurisdic- tification under subsection (b)(2)(C)(i) with (2) of section 16165(a) of such title is amended tion of the United States, may be transferred respect to a country described in subsection to read as follows: to a country if there are substantial grounds (b)(2)(B), the United States may not use oral ‘‘(2) when the member separates from the to believe that the individual would be in or written assurances that a person trans- Ready Reserve as provided in section danger of being subjected to torture in such ferred from the custody or physical control country. 16164(a)(1) of this title, or upon completion of of the United States to such country will not the period provided for in section 16164(a)(2) (b) REPORTS TO CONGRESS.— be subject to torture as the basis for con- (1) IN GENERAL.—Not later than 180 days of this title, as applicable.’’. cluding that transferring such person to such (c) EFFECTIVE DATE.—The amendments after the date of the enactment of this Act, country does not violate subsection (a). and every 12 months thereafter, the Sec- made by this section shall take effect on Oc- (d) SAVINGS CLAUSE.—Nothing in this sec- tober 28, 2004, as if included in the enactment retary of State, in consultation with the tion shall be construed to eliminate, limit, of the Ronald W. Reagan National Defense Secretary of Defense, the Director of Na- or constrain in any way the rights that an Authorization Act for Fiscal Year 2005 (Pub- tional Intelligence, the Attorney General, individual has under the Convention Against lic Law 108–375), to which such amendments and the Secretary of Homeland Security, Torture or any other applicable law. relate. shall submit to the appropriate committees (e) DEFINITIONS.— of Congress a report on the United States (1) IN GENERAL.—Except as provided in Mr. BINGAMAN (for himself compliance with Article 3 of the Convention paragraph (2), the terms used in this section SA 4343. Against Torture. have the meanings given those terms in the and Mr. MENENDEZ) proposed an (2) CONTENTS.—Each report under para- Convention Against Torture, subject to any amendment to the bill S. 2766, to au- graph (1) shall include the following: reservations, understandings, declarations, thorize appropriations for fiscal year (A) The name of each country to which any and provisos contained in the Senate resolu- 2007 for military activities of the De- person in the custody or under the physical tion advising and consenting to the ratifica- partment of Defense, for military con- control of the United States has been trans- tion of the Convention Against Torture. struction, and for defense activities of ferred— (2) TERMS.—In this section— the Department of Energy, to prescribe (i) for the first report required by para- (A) the term ‘‘transferred’’ means to expel, personnel strengths for such fiscal year graph (1), during the period beginning on return, extradite, or otherwise relocate a September 11, 2001 and ending on the date of person from the custody or physical control for the Armed Forces, and for other such report; and of the United States to another country; purposes; which was ordered to lie on (ii) for each subsequent report, the 1-year (B) the term ‘‘appropriate committees of the table; as follows: period beginning on the date of the previous Congress’’ means the Select Committee on At the end of subtitle D of title III, add the report. Intelligence, the Committee on Foreign Re- following: (B) The name of each country described in lations, the Committee on Armed Services, SEC. 352. REPORT ON ACTIONS TO REDUCE DE- subparagraph (A) from which the United and the Committee on the Judiciary of the PARTMENT OF DEFENSE CONSUMP- States has obtained oral or written assur- Senate and the Permanent Select Committee TION OF PETROLEUM-BASED FUEL. ances that a person transferred from the cus- on Intelligence, the Committee on Inter- (a) REPORT REQUIRED.—Not later than one tody or physical control of the United States national Relations, the Committee on Armed year after the date of the enactment of this to such country would not be subject to tor- Services, and the Committee on the Judici- Act, the Secretary of Defense shall submit to ture— ary of the House of Representatives; and the Committees on Armed Services of the

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6169 Senate and the House of Representatives a and shall serve as instructional leaders who as provided for in the budget of the President report on the actions taken, and to be taken, oversee the program. for fiscal year 2007 (as submitted to Congress by the Department of Defense to reduce the ‘‘(2) QUALIFICATIONS.—A senior military in- for such fiscal year under section 1105(a) of consumption by the Department of petro- structor shall have the following qualifica- title 31, United States Code). leum-based fuel. tions: (b) AVAILABILITY OF FUNDS FOR CERTAIN (b) ELEMENTS.—The report shall include ‘‘(A) Professional military qualification, as ACTIVITIES.—Of the amount authorized to be the status of implementation by the Depart- determined by the Secretary of the military appropriated by section 201(1) for research, ment of the requirements of the following: department concerned. development, test, and evaluation for the (1) The Energy Policy Act of 2005 (Public ‘‘(B) Award of a baccalaureate degree from Army, $29,000,000 may be available for experi- Law 109–58). an institution of higher learning. mentation and the refinement of tactics and (2) The Energy Policy Act of 1992 (Public ‘‘(C) Completion of secondary education doctrine relating to the use of the Class IV Law 102–486). teaching certification requirements for the Unmanned Aerial Vehicles procured under (3) Executive Order 13123. program as established by the Secretary of subsection (a) and two ground stations asso- (4) Executive Order 13149. the military department concerned. ciated with such vehicles. (5) Any other law, regulation, or directive ‘‘(D) Award of an advanced certification by SA 4347. Mr. LOTT (for himself and relating to the consumption by the Depart- the Secretary of the military department ment of petroleum-based fuel. concerned in core content areas based on— Mr. COCHRAN) submitted an amend- ‘‘(i) accumulated points for professional ment intended to be proposed by him SA 4344. Mr. VITTER submitted an activities, services to the profession, awards, to the bill S. 2766, to authorize appro- amendment intended to be proposed by and recognitions; priations for fiscal year 2007 for mili- him to the bill S. 2766, to authorize ap- ‘‘(ii) professional development to meet con- tary activities of the Department of propriations for fiscal year 2007 for tent knowledge and instructional skills; and Defense, for military construction, and military activities of the Department ‘‘(iii) performance evaluation of com- for defense activities of the Depart- of Defense, for military construction, petencies and standards within the program ment of Energy, to prescribe personnel and for defense activities of the De- through site visits and inspections. strengths for such fiscal year for the ‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.— Armed Forces, and for other purposes; partment of Energy, to prescribe per- ‘‘(1) ROLE.—Non-senior military instruc- sonnel strengths for such fiscal year tors shall be retired noncommissioned offi- which was ordered to lie on the table; for the Armed Forces, and for other cers of the armed forces and shall serve as as follows: purposes; which was ordered to lie on instructional leaders and teach independ- At the end of subtitle B of title X, add the the table; as follows: ently of, but share program responsibilities following: At the end of subtitle F of title III, add the with, senior military instructors. SEC. 1013. AGREEMENT BY NAVY AND COAST GUARD ON USE OF CYCLONE CLASS following: ‘‘(2) QUALIFICATIONS.—A non-senior mili- tary instructor shall demonstrate a depth of PATROL COASTAL SHIPS. SEC. 375. PREPOSITIONING OF DEPARTMENT OF (a) AGREEMENT REQUIRED.—Not later than DEFENSE ASSETS IN THE UNITED experience, proficiency, and expertise in coaching, mentoring, and practical arts in March 30, 2007, the Secretary of the Navy STATES TO IMPROVE RESPONSE TO shall submit to Congress an agreement be- NATURAL DISASTERS AND NA- executing the program, and shall have the TIONAL EMERGENCIES. following qualifications: tween the Secretary and the Commandant of the Coast Guard for the operation of the 179- (a) PREPOSITIONING AUTHORIZED.—The Sec- ‘‘(A) Professional military qualification, as foot Cyclone class patrol coastal ships retary of Defense may provide for the determined by the Secretary of the military through September 2013. prepositioning of pre-packaged or pre-identi- department concerned. (b) ELEMENTS.—The agreement required fied basic response assets, such as medical ‘‘(B) Award of an associates degree from an under subsection (a) shall— supplies, food and water, and communication institution of higher learning within 5 years (1) include provisions for operational con- equipment, at various locations in the of employment. trol of the 13 ships of the 179-foot Cyclone United States in order to improve the De- ‘‘(C) Completion of secondary education class patrol coastal ship class; partment of Defense response to natural dis- teaching certification requirements for the (2) describe responsibilities for funding for asters and national emergencies. program as established by the Secretary of operation and maintenance costs associated (b) PROCEDURES AND GUIDELINES.—The Sec- the military department concerned. with operation of such ships; retary shall develop procedures and guide- ‘‘(D) Award of an advanced certification by (3) ensure the more efficient employment lines for the prepositioning of assets under the Secretary of the military department of such ships to eliminate the near-term this section. concerned in core content areas based on— shortfall of the Coast Guard for Deepwater ‘‘(i) accumulated points for professional patrol boat hours while meeting validated SA 4345. Mr. ENSIGN submitted an activities, services to the profession, awards, amendment intended to be proposed by riverine and coastal warfare requirements of and recognitions; the Navy; and him to the bill S. 2766, to authorize ap- ‘‘(ii) professional development to meet con- (4) ensure that the Coast Guard retains propriations for fiscal year 2007 for tent knowledge and instructional skills; and operational control over at least five Cy- military activities of the Department ‘‘(iii) performance evaluation of com- clone class patrol coastal ships until Sep- of Defense, for military construction, petencies and standards within the program tember 30, 2013. and for defense activities of the De- through site visits and inspections.’’. (b) CLERICAL AMENDMENT.—The table of partment of Energy, to prescribe per- SA 4348. Mr. GRASSLEY submitted sections at the beginning of such chapter is an amendment intended to be proposed sonnel strengths for such fiscal year amended by adding at the end the following for the Armed Forces, and for other new item: by him to the bill S. 2766, to authorize purposes; which was ordered to lie on ‘‘2033. Instructor qualifications.’’. appropriations for fiscal year 2007 for the table; as follows: military activities of the Department of Defense, for military construction, At the end of subtitle D of title V, add the SA 4346. Mr. LOTT submitted an following new section: amendment intended to be proposed by and for defense activities of the De- SEC. 569. JUNIOR RESERVE OFFICERS’ TRAINING him to the bill S. 2766, to authorize ap- partment of Energy, to prescribe per- CORPS INSTRUCTOR QUALIFICA- propriations for fiscal year 2007 for sonnel strengths for such fiscal year TIONS. military activities of the Department for the Armed Forces, and for other (a) IN GENERAL.—Chapter 102 of title 10, of Defense, for military construction, purposes; which was ordered to lie on United States Code, is amended by adding at and for defense activities of the De- the table; as follows: the end the following new section: partment of Energy, to prescribe per- At the end of subtitle D of title V, add the ‘‘§ 2033. Instructor qualifications sonnel strengths for such fiscal year following: ‘‘(a) IN GENERAL.—In order for a retired of- SEC. ll. NATIONAL GUARD COUNTERDRUG ficer or noncommissioned officer to be em- for the Armed Forces, and for other purposes; which was ordered to lie on SCHOOLS. ployed as an instructor in the program, the (a) AUTHORITY TO OPERATE.—Under such officer must be certified by the Secretary of the table; as follows: regulations as the Secretary of Defense may the military department concerned as a At the end of subtitle B of title II, add the prescribe, the Chief of the National Guard qualified instructor in leadership, wellness following: Bureau may establish and operate, or pro- and fitness, civics, and other courses related SEC. 215. UNMANNED AERIAL VEHICLES FOR THE vide financial assistance to the States to es- to the content of the program, according to ARMY. tablish and operate, not more than five the qualifications set forth in subsection (a) PROCUREMENT OF CLASS IV SYSTEMS IN schools (to be known generally as ‘‘National (b)(2) or (c)(2), as appropriate. FISCAL YEAR 2007.—The Secretary of the Guard counterdrug schools’’). ‘‘(b) SENIOR MILITARY INSTRUCTORS.— Army shall provide for the procurement dur- (b) PURPOSE.—The purpose of the National ‘‘(1) ROLE.—Senior military instructors ing fiscal year 2007 of eight Class IV Un- Guard counterdrug schools shall be the pro- shall be retired officers of the armed forces manned Aerial Vehicles (UAVs) for the Army vision by the National Guard of training in

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Mr. WARNER (for Mrs. DOLE ganic Compounds in Drinking Water and and drug demand reduction activities to per- (for herself and Mr. JEFFORDS)) pro- Specific Birth Defects and Childhood Can- sonnel of the following: posed an amendment to the bill S. 2766, cers, United States Marine Corps Base Camp (1) Federal agencies. to authorize appropriations for fiscal Lejeune, North Carolina, the Commandant of (2) State and local law enforcement agen- the Marine Corps shall take appropriate ac- cies. year 2007 for military activities of the tions, including the use of national media (3) Community-based organizations en- Department of Defense, for military such as newspapers, television, and the gaged in such activities. construction, and for defense activities Internet, to notify former Camp Lejeune (4) Other non-Federal governmental and of the Department of Energy, to pre- residents and employees who may have been private entities and organizations engaged in scribe personnel strengths for such fis- exposed to drinking water impacted by tri- such activities. cal year for the Armed Forces, and for chloroethylene and tetrachloroethylene of (c) COUNTERDRUG SCHOOLS SPECIFIED.—The other purposes; as follows: the results of the study. National Guard counterdrug schools oper- (2) ELEMENTS.—The information provided At the end of subtitle D of title III, add the by the Commandant of the Marine Corps ated under the authority in subsection (a) following: are as follows: under paragraph (1) shall be prepared in con- SEC. 352. NATIONAL ACADEMY OF SCIENCES (1) The National Interagency Civil-Mili- junction with the Agency for Toxic Sub- STUDY ON HUMAN EXPOSURE TO stances Disease Registry and shall include a tary Institute (NICI), San Luis Obispo, Cali- CONTAMINATED DRINKING WATER fornia. AT CAMP LEJEUNE, NORTH CARO- description of sources of additional informa- (2) The Multi-Jurisdictional Counterdrug LINA. tion relating to such exposure, including, but Task Force Training (MCTFT), St. Peters- (a) STUDY REQUIRED.— not be limited to, the following: burg, Florida. (1) IN GENERAL.—Not later than 60 days (A) A description of the events resulting in (3) The Midwest Counterdrug Training Cen- after the date of the enactment of this Act, exposure to contaminated drinking water at ter (MCTC), Johnston, Iowa. the Secretary of Navy shall enter into an Camp Lejeune. (4) The Regional Counterdrug Training agreement with the National Academy of (B) A description of the duration and ex- Academy (RCTA), Meridian, Mississippi. Sciences to conduct a comprehensive review tent of the contamination of drinking water (5) The Northeast Regional Counterdrug and evaluation of the available scientific and at Camp Lejeune. Training Center (NCTC), Fort Indiantown medical evidence regarding associations be- (C) The known and suspected health effects Gap, Pennsylvania. tween pre-natal, child, and adult exposure to of exposure to the drinking water impacted by trichloroethylene and (d) USE OF NATIONAL GUARD PERSONNEL.— drinking water contaminated with trichloro- tetrachloroethylene at Camp Lejeune. (1) IN GENERAL.—To the extent provided for ethylene (TCE) and tetrachloroethylene (PCE) at Camp Lejeune, North Carolina, as in the State drug interdiction and SA 4350. Mr. WARNER proposed an counterdrug activities plan of a State in well as other pre-natal, child, and adult ex- which a National Guard counterdrug school posures to levels of trichloroethylene and amendment to the bill S. 2766, to au- is located, personnel of the National Guard tetrachloroethylene similar to those experi- thorize appropriations for fiscal year of that State who are ordered to perform enced at Camp Lejeune, and birth defects or 2007 for military activities of the De- full-time National Guard duty authorized diseases and any other adverse health ef- partment of Defense, for military con- under section 112(b) of that title 32, United fects. struction, and for defense activities of States Code, may provide training referred (2) ELEMENTS.—In conducting the review the Department of Energy, to prescribe to in subsection (b) at that school. and evaluation, the Academy shall review personnel strengths for such fiscal year and summarize the scientific and medical (2) DEFINITION.—In this subsection, the for the Armed Forces, and for other term ‘‘State drug interdiction and evidence and assess the strength of that evi- counterdrug activities plan’’, in the case of a dence in establishing a link or association purposes; as follows: State, means the current plan submitted by between exposure to trichloroethylene and At the end of subtitle A of title IX, add the the Governor of the State to the Secretary of tetrachloroethylene and each birth defect or following: Defense under section 112 of title 32, United disease suspected to be associated with such SEC. 903. UNITED STATES MARINE BAND AND States Code. exposure. For each birth defect or disease re- UNITED STATES MARINE DRUM AND viewed, the Academy shall determine, to the BUGLE CORPS. (e) TREATMENT UNDER AUTHORITY TO PRO- extent practicable with available scientific (a) IN GENERAL.—Section 6222 of title 10, VIDE COUNTERDRUG SUPPORT.—The provisions and medical data, whether— United States Code, is amended to read as of section 1004 of the National Defense Au- (A) a statistical association with such con- follows: thorization Act for Fiscal Year 1991 (Public taminant exposures exists; and Law 101–510; 10 U.S.C. 374 note) shall apply to ‘‘§ 6222. United States Marine Band; United (B) there exist plausible biological mecha- any activities of a National Guard States Marine Drum and Bugle Corps: com- nisms or other evidence of a causal relation- counterdrug school under this section that position; appointment and promotion of ship between contaminant exposures and the are for an agency referred to in subsection members birth defect or disease. (a) of such section 1004 and for a purpose set ‘‘(a) UNITED STATES MARINE BAND.—The (3) SCOPE OF REVIEW.—In conducting the re- forth in subsection (b) of such section 1004. band of the Marine Corps shall be composed view and evaluation, the Academy shall in- of one director, two assistant directors, and (f) ANNUAL REPORTS ON ACTIVITIES.— clude a review and evaluation of— other personnel in such numbers and grades (1) IN GENERAL.—Not later than February 1 (A) the toxicologic and epidemiologic lit- as the Secretary of the Navy determines to each year, the Secretary of Defense shall erature on adverse health effects of tri- be necessary. submit to Congress a report on the activities chloroethylene and tetrachloroethylene, in- ‘‘(b) UNITED STATES MARINE DRUM AND of the National Guard counterdrug schools cluding epidemiologic and risk assessment BUGLE CORPS.—The drum and bugle corps of during the preceding year. reports from government agencies; the Marine Corps shall be composed of one (2) CONTENTS.—Each report under para- (B) recent literature reviews by the Na- commanding officer and other personnel in graph (1) shall set forth the following: tional Research Council, Institute of Medi- such numbers and grades as the Secretary of (A) FUNDING.—The amount made available cine, and other groups; the Navy determines to be necessary. for each National Guard counterdrug school (C) the completed and on-going Agency for ‘‘(c) APPOINTMENT AND PROMOTION.—(1) The during the fiscal year ending in the year pre- Toxic Substances Disease Registry (ATSDR) Secretary of the Navy shall prescribe regula- ceding the year in which such report is sub- studies on potential trichloroethylene and tions for the appointment and promotion of mitted. tetrachloroethylene exposure at Camp members of the Marine Band and members of (B) ACTIVITIES.—A description of the ac- Lejeune; and the Marine Drum and Bugle Corps. tivities of each National Guard counterdrug (D) published meta-analyses. ‘‘(2) The President may from time to time school during the year preceding the year in (4) PEER REVIEW.—The Academy shall ob- appoint members of the Marine Band and which such report is submitted. tain the peer review of the report prepared as members of the Marine Drum and Bugle (g) AUTHORIZATION OF APPROPRIATIONS.— a result of the review and evaluation under Corps to grades not above the grade of cap- (1) IN GENERAL.—There is hereby author- applicable Academy procedures. tain. The authority of the President to make ized to be appropriated for the Department (5) SUBMITTAL.—The Academy shall submit appointments under this paragraph may be of Defense for the National Guard for each of the report prepared as a result of the review delegated only to the Secretary of Defense. fiscal years 2006 through 2010, $30,000,000 for and evaluation to the Secretary and Con- ‘‘(3) The President, by and with the advice purposes of the National Guard counterdrug gress not later than 18 months after entering and consent of the Senate, may from time to schools in such fiscal year. into the agreement for the review and eval- time appoint any member of the Marine (2) CONSTRUCTION.—The amount authorized uation under paragraph (1). Band or of the Marine Drum and Bugle Corps to be appropriated by paragraph (1) for a fis- (b) NOTICE ON EXPOSURE.— to a grade above the grade of captain. cal year is in addition to any other amount (1) NOTICE REQUIRED.—Upon completion of ‘‘(d) RETIREMENT.—Unless otherwise enti- authorized to be appropriated for the Depart- the current epidemiological study by the tled to higher retired grade and retired pay, ment of Defense for the National Guard for Agency for Toxic Substances Disease Reg- a member of the Marine Band or Marine such fiscal year. istry, known as the Exposure to Volatile Or- Drum and Bugle Corps who holds, or has

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6171 held, an appointment under this section is ably believes is direct and specific evidence (B) by redesignating clause (xi) as clause entitled, when retired, to be retired in, and of— (xiv) and inserting after clause (x) the fol- with retired pay based on, the highest grade ‘‘(I) any violation of any law, rule, or regu- lowing: held under this section in which the Sec- lation; ‘‘(xi) the implementation or enforcement retary of the Navy determines that such ‘‘(II) gross mismanagement, a gross waste of any nondisclosure policy, form, or agree- member served satisfactorily. of funds, an abuse of authority, or a substan- ment; ‘‘(e) REVOCATION OF APPOINTMENT.—The tial and specific danger to public health or ‘‘(xii) a suspension, revocation, or other de- Secretary of the Navy may revoke any ap- safety; or termination relating to a security clearance pointment of a member of the Marine Band ‘‘(III) a false statement to Congress on an or any other access determination by a cov- or Marine Drum and Bugle Corps. When a issue of material fact; and ered agency; member’s appointment to a commissioned ‘‘(ii) is made to— ‘‘(xiii) an investigation, other than any grade terminates under this subsection, such ‘‘(I) a member of a committee of Congress ministerial or nondiscretionary fact finding member is entitled, at the option of such having a primary responsibility for oversight activities necessary for the agency to per- member— of a department, agency, or element of the form its mission, of an employee or appli- ‘‘(1) to be discharged from the Marine Federal Government to which the disclosed cant for employment because of any activity Corps; or information relates and who is authorized to protected under this section; and’’ ‘‘(2) to revert to the grade and status such receive information of the type disclosed; (2) PROHIBITED PERSONNEL PRACTICE.—Sec- member held at the time of appointment ‘‘(II) any other Member of Congress who is tion 2302(b) of title 5, United States Code, is under this section.’’. authorized to receive information of the type amended— (b) CLERICAL AMENDMENT.—The table of disclosed; or (A) in paragraph (11), by striking ‘‘or’’ at sections at the beginning of chapter 565 of ‘‘(III) an employee of Congress who has the the end; such title is amended by striking the item appropriate security clearance and is author- (B) in paragraph (12), by striking the pe- relating to section 6222 and inserting the fol- ized to receive information of the type dis- riod and inserting a semicolon; and lowing new item: closed.’’. (C) by inserting after paragraph (12) the following: ‘‘6222. United States Marine Band; United OVERED DISCLOSURES.—Section (c) C ‘‘(13) implement or enforce any nondisclo- States Marine Drum and Bugle 2302(a)(2) of title 5, United States Code, is Corps: composition; appoint- sure policy, form, or agreement, if such pol- amended— icy, form, or agreement does not contain the ment and promotion of mem- (1) in subparagraph (B)(ii), by striking bers.’’. following statement: ‘These provisions are ‘‘and’’ at the end; consistent with and do not supersede, con- (2) in subparagraph (C)(iii), by striking the flict with, or otherwise alter the employee SA 4351. Mr. LEVIN (for Mr. AKAKA period at the end and inserting ‘‘; and’’; and (for himself, Ms. COLLINS, Mr. GRASS- obligations, rights, or liabilities created by (3) by adding at the end the following: Executive Order No. 12958; section 7211 of LEY, Mr. DURBIN, Mr. LEVIN, and Mr. ‘‘(D) ‘disclosure’ means a formal or infor- title 5, United States Code (governing disclo- LIEBERMAN)) proposed an amendment mal communication or transmission, but sures to Congress); section 1034 of title 10, to the bill S. 2766, to authorize appro- does not include a communication con- United States Code (governing disclosure to priations for fiscal year 2007 for mili- cerning policy decisions that lawfully exer- Congress by members of the military); sec- tary activities of the Department of cise discretionary authority unless the em- tion 2302(b)(8) of title 5, United States Code Defense, for military construction, and ployee providing the disclosure reasonably (governing disclosures of illegality, waste, believes that the disclosure evidences— fraud, abuse, or public health or safety for defense activities of the Depart- ‘‘(i) any violation of any law, rule, or regu- ment of Energy, to prescribe personnel threats); the Intelligence Identities Protec- lation; or tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- strengths for such fiscal year for the ‘‘(ii) gross mismanagement, a gross waste erning disclosures that could expose con- Armed Forces, and for other purposes; of funds, an abuse of authority, or a substan- fidential Government agents); and the stat- as follows: tial and specific danger to public health or utes which protect against disclosures that At the appropriate place, insert the fol- safety.’’. could compromise national security, includ- lowing: (d) REBUTTABLE PRESUMPTION.—Section ing sections 641, 793, 794, 798, and 952 of title SEC. ll. PROTECTION OF CERTAIN DISCLO- 2302(b) of title 5, United States Code, is 18, United States Code, and section 4(b) of SURES OF INFORMATION BY FED- amended by amending the matter following the Subversive Activities Control Act of 1950 ERAL EMPLOYEES. paragraph (12) to read as follows: (50 U.S.C. 783(b)). The definitions, require- (a) SHORT TITLE.—This Act may be cited as ments, obligations, rights, sanctions, and li- the ‘‘Federal Employee Protection of Disclo- ‘‘This subsection shall not be construed to abilities created by such Executive order and sures Act’’. authorize the withholding of information such statutory provisions are incorporated (b) CLARIFICATION OF DISCLOSURES COV- from Congress or the taking of any personnel into this agreement and are controlling’; or ERED.—Section 2302(b)(8) of title 5, United action against an employee who discloses in- ‘‘(14) conduct, or cause to be conducted, an States Code, is amended— formation to Congress, except that an em- investigation, other than any ministerial or (1) in subparagraph (A)— ployee or applicant may be disciplined for nondiscretionary fact finding activities nec- (A) by striking ‘‘which the employee or ap- the disclosure of information described in essary for the agency to perform its mission, plicant reasonably believes evidences’’ and paragraph (8)(C)(i) to a Member or employee of an employee or applicant for employment inserting ‘‘, without restriction to time, of Congress who is not authorized to receive because of any activity protected under this place, form, motive, context, or prior disclo- such information. For purposes of paragraph section.’’. sure made to any person by an employee or (8), any presumption relating to the perform- (3) BOARD AND COURT REVIEW OF ACTIONS RE- applicant, including a disclosure made in the ance of a duty by an employee who has au- LATING TO SECURITY CLEARANCES.— ordinary course of an employee’s duties, that thority to take, direct others to take, rec- (A) IN GENERAL.—Chapter 77 of title 5, the employee or applicant reasonably be- ommend, or approve any personnel action United States Code, is amended by inserting lieves is evidence of’’; and may be rebutted by substantial evidence. For after section 7702 the following: purposes of paragraph (8), a determination as (B) in clause (i), by striking ‘‘a violation’’ ‘‘§ 7702a. Actions relating to security clear- to whether an employee or applicant reason- and inserting ‘‘any violation’’; ances ably believes that they have disclosed infor- (2) in subparagraph (B)— ‘‘(a) In any appeal relating to the suspen- mation that evidences any violation of law, (A) by striking ‘‘which the employee or ap- sion, revocation, or other determination re- rule, regulation, gross mismanagement, a plicant reasonably believes evidences’’ and lating to a security clearance or access de- gross waste of funds, an abuse of authority, inserting ‘‘, without restriction to time, termination, the Merit Systems Protection or a substantial and specific danger to public place, form, motive, context, or prior disclo- Board or any reviewing court— health or safety shall be made by deter- sure made to any person by an employee or ‘‘(1) shall determine whether paragraph (8) mining whether a disinterested observer applicant, including a disclosure made in the or (9) of section 2302(b) was violated; with knowledge of the essential facts known ordinary course of an employee’s duties, of ‘‘(2) may not order the President or the to and readily ascertainable by the employee information that the employee or applicant designee of the President to restore a secu- could reasonably conclude that the actions reasonably believes is evidence of’’; and rity clearance or otherwise reverse a deter- of the Government evidence such violations, (B) in clause (i), by striking ‘‘a violation’’ mination of clearance status or reverse an mismanagement, waste, abuse, or danger.’’. and inserting ‘‘any violation (other than a access determination; and violation of this section)’’; and (e) NONDISCLOSURE POLICIES, FORMS, AND ‘‘(3) subject to paragraph (2), may issue de- (3) by adding at the end the following: AGREEMENTS; SECURITY CLEARANCES; AND RE- claratory relief and any other appropriate ‘‘(C) any disclosure that— TALIATORY INVESTIGATIONS.— relief. ‘‘(i) is made by an employee or applicant of (1) PERSONNEL ACTION.—Section ‘‘(b)(1) If, in any final judgment, the Board information required by law or Executive 2302(a)(2)(A) of title 5, United States Code, is or court declares that any suspension, rev- order to be kept secret in the interest of na- amended— ocation, or other determination with regard tional defense or the conduct of foreign af- (A) in clause (x), by striking ‘‘and’’ after to a security clearance or access determina- fairs that the employee or applicant reason- the semicolon; and tion was made in violation of paragraph (8)

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6172 CONGRESSIONAL RECORD — SENATE June 20, 2006 or (9) of section 2302(b), the affected agency would have taken, failed to take, or threat- tained by the Director of the Office of Per- shall conduct a review of that suspension, ened to take or fail to take the same per- sonnel Management. The Director of the Of- revocation, access determination, or other sonnel action, in the absence of such pro- fice of Personnel Management may obtain determination, giving great weight to the tected activity.’’. review of any final order or decision of the Board or court judgment. (i) SPECIAL COUNSEL AMICUS CURIAE AP- Board by filing, within 60 days after the date ‘‘(2) Not later than 30 days after any Board PEARANCE.—Section 1212 of title 5, United the Director received notice of the final or court judgment declaring that a security States Code, is amended by adding at the end order or decision of the Board, a petition for clearance suspension, revocation, access de- the following: judicial review in the United States Court of termination, or other determination was ‘‘(h)(1) The Special Counsel is authorized Appeals for the Federal Circuit or any court made in violation of paragraph (8) or (9) of to appear as amicus curiae in any action of appeals of competent jurisdiction as pro- section 2302(b), the affected agency shall brought in a court of the United States re- vided under subsection (b)(2) if the Director issue an unclassified report to the congres- lated to any civil action brought in connec- determines, in his discretion, that the Board sional committees of jurisdiction (with a tion with section 2302(b) (8) or (9), or sub- erred in interpreting paragraph (8) or (9) of classified annex if necessary), detailing the chapter III of chapter 73, or as otherwise au- section 2302(b). If the Director did not inter- circumstances of the agency’s security clear- thorized by law. In any such action, the Spe- vene in a matter before the Board, the Direc- ance suspension, revocation, other deter- cial Counsel is authorized to present the tor may not petition for review of a Board mination, or access determination. A report views of the Special Counsel with respect to decision under this section unless the Direc- under this paragraph shall include any pro- compliance with section 2302(b) (8) or (9) or tor first petitions the Board for a reconsider- posed agency action with regard to the secu- subchapter III of chapter 73 and the impact ation of its decision, and such petition is de- rity clearance or access determination. court decisions would have on the enforce- nied. In addition to the named respondent, ‘‘(c) An allegation that a security clear- ment of such provisions of law. the Board and all other parties to the pro- ance or access determination was revoked or ‘‘(2) A court of the United States shall ceedings before the Board shall have the suspended in retaliation for a protected dis- grant the application of the Special Counsel right to appear in the proceeding before the closure shall receive expedited review by the to appear in any such action for the purposes court of appeals. The granting of the petition Office of Special Counsel, the Merit Systems described in subsection (a).’’. for judicial review shall be at the discretion Protection Board, and any reviewing court. (j) JUDICIAL REVIEW.— of the Court of Appeals.’’. (1) IN GENERAL.—Section 7703(b)(1) of title ‘‘(d) For purposes of this section, correc- (k) NONDISCLOSURE POLICIES, FORMS, AND tive action may not be ordered if the agency 5, United States Code, is amended to read as follows: AGREEMENTS.— demonstrates by a preponderance of the evi- (1) IN GENERAL.— dence that it would have taken the same per- ‘‘(b)(1)(A) Except as provided in subpara- graph (B) and paragraph (2), a petition to re- (A) REQUIREMENT.—Each agreement in sonnel action in the absence of such disclo- Standard Forms 312 and 4414 of the Govern- sure.’’. view a final order or final decision of the Board shall be filed in the United States ment and any other nondisclosure policy, (B) TECHNICAL AND CONFORMING AMEND- Court of Appeals for the Federal Circuit. form, or agreement of the Government shall MENT.—The table of sections for chapter 77 of contain the following statement: ‘‘These re- title 5, United States Code, is amended by in- Notwithstanding any other provision of law, any petition for review must be filed within strictions are consistent with and do not su- serting after the item relating to section 7702 persede, conflict with, or otherwise alter the the following: 60 days after the date the petitioner received notice of the final order or decision of the employee obligations, rights, or liabilities ‘‘7702a. Actions relating to security clear- Board. created by Executive Order No. 12958; section ances.’’. ‘‘(B) During the 5-year period beginning on 7211 of title 5, United States Code (governing (f) EXCLUSION OF AGENCIES BY THE PRESI- the effective date of the Federal Employee disclosures to Congress); section 1034 of title DENT.—Section 2302(a)(2)(C) of title 5, United Protection of Disclosures Act, a petition to 10, United States Code (governing disclosure States Code, is amended by striking clause review a final order or final decision of the to Congress by members of the military); (ii) and inserting the following: Board in a case alleging a violation of para- section 2302(b)(8) of title 5, United States ‘‘(ii)(I) the Federal Bureau of Investiga- graph (8) or (9) of section 2302(b) shall be filed Code (governing disclosures of illegality, tion, the Central Intelligence Agency, the in the United States Court of Appeals for the waste, fraud, abuse or public health or safety Defense Intelligence Agency, the National Federal Circuit or any court of appeals of threats); the Intelligence Identities Protec- Imagery and Mapping Agency, the National competent jurisdiction as provided under tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- Security Agency; and subsection (b)(2).’’. erning disclosures that could expose con- ‘‘(II) as determined by the President, any (2) REVIEW OBTAINED BY OFFICE OF PER- fidential Government agents); and the stat- executive agency or unit thereof the prin- SONNEL MANAGEMENT.—Section 7703(d) of utes which protect against disclosure that cipal function of which is the conduct of for- title 5, United States Code, is amended to may compromise the national security, in- eign intelligence or counterintelligence ac- read as follows: cluding sections 641, 793, 794, 798, and 952 of tivities, if the determination (as that deter- ‘‘(d)(1) Except as provided under paragraph title 18, United States Code, and section 4(b) mination relates to a personnel action) is (2), this paragraph shall apply to any review of the Subversive Activities Act of 1950 (50 made before that personnel action; or’’. obtained by the Director of the Office of Per- U.S.C. 783(b)). The definitions, requirements, (g) ATTORNEY FEES.—Section 1204(m)(1) of sonnel Management. The Director of the Of- obligations, rights, sanctions, and liabilities title 5, United States Code, is amended by fice of Personnel Management may obtain created by such Executive order and such striking ‘‘agency involved’’ and inserting review of any final order or decision of the statutory provisions are incorporated into ‘‘agency where the prevailing party is em- Board by filing, within 60 days after the date this agreement and are controlling.’’. ployed or has applied for employment’’. the Director received notice of the final (B) ENFORCEABILITY.—Any nondisclosure (h) DISCIPLINARY ACTION.—Section order or decision of the Board, a petition for policy, form, or agreement described under 1215(a)(3) of title 5, United States Code, is judicial review in the United States Court of subparagraph (A) that does not contain the amended to read as follows: Appeals for the Federal Circuit if the Direc- statement required under subparagraph (A) ‘‘(3)(A) A final order of the Board may im- tor determines, in his discretion, that the may not be implemented or enforced to the pose— Board erred in interpreting a civil service extent such policy, form, or agreement is in- ‘‘(i) disciplinary action consisting of re- law, rule, or regulation affecting personnel consistent with that statement. moval, reduction in grade, debarment from management and that the Board’s decision (2) PERSONS OTHER THAN GOVERNMENT EM- Federal employment for a period not to ex- will have a substantial impact on a civil PLOYEES.—Notwithstanding paragraph (1), a ceed 5 years, suspension, or reprimand; service law, rule, regulation, or policy direc- nondisclosure policy, form, or agreement ‘‘(ii) an assessment of a civil penalty not to tive. If the Director did not intervene in a that is to be executed by a person connected exceed $1,000; or matter before the Board, the Director may with the conduct of an intelligence or intel- ‘‘(iii) any combination of disciplinary ac- not petition for review of a Board decision ligence-related activity, other than an em- tions described under clause (i) and an as- under this section unless the Director first ployee or officer of the United States Gov- sessment described under clause (ii). petitions the Board for a reconsideration of ernment, may contain provisions appropriate ‘‘(B) In any case in which the Board finds its decision, and such petition is denied. In to the particular activity for which such doc- that an employee has committed a prohib- addition to the named respondent, the Board ument is to be used. Such form or agreement ited personnel practice under paragraph (8) and all other parties to the proceedings be- shall, at a minimum, require that the person or (9) of section 2302(b), the Board shall im- fore the Board shall have the right to appear will not disclose any classified information pose disciplinary action if the Board finds in the proceeding before the Court of Ap- received in the course of such activity unless that the activity protected under paragraph peals. The granting of the petition for judi- specifically authorized to do so by the (8) or (9) of section 2302(b) was a significant cial review shall be at the discretion of the United States Government. Such nondisclo- motivating factor, even if other factors also Court of Appeals. sure forms shall also make it clear that such motivated the decision, for the employee’s ‘‘(2) During the 5-year period beginning on forms do not bar disclosures to Congress or decision to take, fail to take, or threaten to the effective date of the Federal Employee to an authorized official of an executive take or fail to take a personnel action, un- Protection of Disclosures Act, this para- agency or the Department of Justice that less that employee demonstrates, by prepon- graph shall apply to any review relating to are essential to reporting a substantial vio- derance of evidence, that the employee paragraph (8) or (9) of section 2302(b) ob- lation of law.

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(l) CLARIFICATION OF WHISTLEBLOWER (10) Construction of roadways, patrol ‘‘(2) Deputy program manager. RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- roads, fences, barriers, and other facilities to ‘‘(3) Chief engineer. MATION.—Section 214(c) of the Homeland Se- secure the southern land border of the ‘‘(4) Systems engineer. curity Act of 2002 (6 U.S.C. 133(c)) is amended United States. ‘‘(5) Cost estimator. by adding at the end the following: ‘‘For pur- (11) Ground and air transportation. (2) DEFINITIONAL MATTERS.—Subsection (c) poses of this section a permissible use of (c) COOPERATIVE AGREEMENTS.—Units and of such section, as redesignated by paragraph independently obtained information includes personnel of the National Guard of a State (1)(A) of this subsection, is further amended the disclosure of such information under sec- may perform activities in another State by adding at the end the following new para- tion 2302(b)(8) of title 5, United States under subsection (a) only pursuant to the graphs: Code.’’. terms of an emergency management assist- ‘‘(5) The term ‘major defense acquisition (m) ADVISING EMPLOYEES OF RIGHTS.—Sec- ance compact or other cooperative arrange- program’ has the meaning given such term tion 2302(c) of title 5, United States Code, is ment entered into between the Governors of in section 2430(a) of this title. amended by inserting ‘‘, including how to such States for purposes of this section, and ‘‘(6) The term ‘major automated informa- make a lawful disclosure of information that only with the approval of the Secretary of tion system program’ has the meaning given is specifically required by law or Executive Defense. such term in section 2445a(a) of this title.’’. order to be kept secret in the interest of na- (d) COORDINATION OF ASSISTANCE.—The Sec- (b) EFFECTIVE DATE AND PHASE-IN.— tional defense or the conduct of foreign af- retary of Homeland Security shall, in con- (1) EFFECTIVE DATE.—The amendments fairs to the Special Counsel, the Inspector sultation with the Secretary of Defense and made by subsection (a) shall take effect on General of an agency, Congress, or other the Governors of the States concerned, co- the date that is one year after the date of en- agency employee designated to receive such ordinate the performance of activities under actment of this Act. disclosures’’ after ‘‘chapter 12 of this title’’. this section by units and personnel of the (2) TEMPORARY WAVER.—During the two (n) SCOPE OF DUE PROCESS.— National Guard. years period beginning on the effective date (1) SPECIAL COUNSEL.—Section (e) ANNUAL TRAINING.—Annual training specified in paragraph (1), the head of an 1214(b)(4)(B)(ii) of title 5, United States Code, duty performed by members of the National agency may waive the requirement in sub- is amended by inserting ‘‘, after a finding Guard under this section shall be appropriate section (b) of section 2383 of title 10, United that a protected disclosure was a contrib- for the units and individual members con- States Code, as amended by subsection (a) of uting factor,’’ after ‘‘ordered if’’. cerned, taking into account the types of this section, with regard to a specific func- (2) INDIVIDUAL ACTION.—Section 1221(e)(2) of units and military occupational specialties tion on a particular program upon a written title 5, United States Code, is amended by in- of individual members performing such duty. determination by the head of the agency serting ‘‘, after a finding that a protected (f) PROHIBITION ON DIRECT PARTICIPATION IN that a properly qualified full-time Federal disclosure was a contributing factor,’’ after LAW ENFORCEMENT.—Activities carried out military or civilian employee cannot reason- ‘‘ordered if’’. under this section shall not include the di- ably be made available to perform such func- (o) EFFECTIVE DATE.—This Act shall take rect participation of a member of the Na- tion. effect 30 days after the date of enactment of tional Guard in a search, seizure, arrest, or this Act. similar activity. SA 4354. Mr. WARNER (for Mr. EN- (g) DURATION OF AUTHORITY.—The author- SIGN) proposed an amendment to the SA 4352. Mr. WARNER (for Mr. EN- ity of this section shall expire on January 1, bill S. 2766, to authorize appropriations SIGN) proposed an amendment to the 2009. for fiscal year 2007 for military activi- bill S. 2766, to authorize appropriations (h) DEFINITIONS.—In this section: ties of the Department of Defense, for for fiscal year 2007 for military activi- (1) The term ‘‘Governor of a State’’ means, military construction, and for defense in the case of the District of Columbia, the ties of the Department of Defense, for Commanding General of the National Guard activities of the Department of Energy, military construction, and for defense of the District of Columbia. to prescribe personnel strengths for activities of the Department of Energy, (2) The term ‘‘State’’ means each of the such fiscal year for the Armed Forces, to prescribe personnel strengths for several States and the District of Columbia, and for other purposes; as follows: such fiscal year for the Armed Forces, the Commonwealth of Puerto Rico, Guam, At the end of subtitle G of title X, add the and for other purposes; as follows: and the Virgin Islands. following: (3) The term ‘‘State along the southern At the end of subtitle E of title X, add the SEC. 1066. REPORT ON TECHNOLOGIES FOR NEU- land border of the United States’’ means TRALIZING OR DEFEATING THREATS following: each of the following: TO MILITARY ROTARY WING AIR- SEC. 1044. TEMPORARY NATIONAL GUARD SUP- (A) The State of Arizona. CRAFT FROM PORTABLE AIR DE- PORT FOR SECURING THE SOUTH- (B) The State of California. FENSE SYSTEMS AND ROCKET PRO- ERN LAND BORDER OF THE UNITED PELLED GRENADES. (C) The State of New Mexico. STATES. (a) IN GENERAL.—Not later than 180 days (D) The State of Texas. (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) after the date of the enactment of this Act, With the approval of the Secretary of De- the Secretary of Defense shall submit to Mr. LEVIN (for Mr. AKAKA) fense, the Governor of a State may order any SA 4353. Congress a report on technologies for neu- units or personnel of the National Guard of proposed an amendment to the bill S. tralizing or defeating threats to military ro- such State to annual training duty under 2766, to authorize appropriations for tary wing aircraft posed by portable air de- section 502(a) of title 32, United States Code, fiscal year 2007 for military activities fense systems and rocket propelled grenades to carry out in any State along the Southern of the Department of Defense, for mili- that are being researched, developed, em- land border of the United States the activi- tary construction, and for defense ac- ployed, or considered by the United States ties authorized in subsection (b) for the pur- tivities of the Department of Energy, Government or the North Atlantic Treaty pose of securing such border. Such duty shall to prescribe personnel strengths for Organization. not exceed 21 days in any year. (b) CONTENT.—The report required under (2) With the approval of the Secretary of such fiscal year for the Armed Forces, subsection (a) shall include— Defense, the Governor of a State may order and for other purposes; as follows: (1) an assessment of the expected value and any units or personnel of the National Guard At the end of subtitle A of title VIII, add utility of the technologies, particularly with of such State to perform duty under section the following: respect to— 502(f) of title 32, United States Code, to pro- SEC. 812. GOVERNMENT PERFORMANCE OF CRIT- (A) the saving of lives; vide command, control, and continuity of ICAL ACQUISITION FUNCTIONS. (B) the ability to reduce the vulnerability support for units and personnel performing (a) GOVERNMENT PERFORMANCE OF FUNC- of aircraft; and annual training duty under paragraph (1). TIONS.— (C) the enhancement of the ability of air- (b) AUTHORIZED ACTIVITIES.—The activities (1) IN GENERAL.—Section 2383 of title 10, craft and their crews to accomplish assigned authorized by this subsection are the fol- United States Code is amended— missions; lowing: (A) by redesignating subsection (b) as sub- (2) an assessment of the potential costs of (1) Ground surveillance activities. section (c); and developing and deploying such technologies; (2) Airborne surveillance activities. (B) by inserting after subsection (a) the (3) a description of efforts undertaken to (3) Logistical support. following new subsection (b): develop such technologies, including— (4) Provision of translation services and ‘‘(b) GOVERNMENT PERFORMANCE OF CRIT- (A) non-lethal counter measures; training. ICAL ACQUISITION FUNCTIONS.—The head of an (B) lasers and other systems designed to (5) Provision of administrative support agency shall ensure that, at a minimum, for dazzle, impede, or obscure threatening weap- services. each major defense acquisition program and on or their users; (6) Provision of technical training services. each major automated information system (C) direct fire response systems; (7) Provision of emergency medical assist- program, each of the following positions is (D) directed energy weapons; and ance and services. performed by a properly qualified full-time (E) passive and active systems; and (8) Provision of communications services. Federal military or civilian employee: (4) a description of any impediments to the (9) Rescue of aliens in peril. ‘‘(1) Program manager. development of such technologies, such as

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6174 CONGRESSIONAL RECORD — SENATE June 20, 2006 legal restrictions under the law of war, trea- proposed an amendment to the bill S. SA 4360. Mr. WARNER proposed an ty restrictions under the Protocol on Blind- 2766, to authorize appropriations for amendment to the bill S. 2766, to au- ing Lasers, and political obstacles such as fiscal year 2007 for military activities thorize appropriations for fiscal year the reluctance of other allied countries to of the Department of Defense, for mili- 2007 for military activities of the De- pursue such technologies. tary construction, and for defense ac- partment of Defense, for military con- SA 4355. Mr. WARNER (for himself tivities of the Department of Energy, struction, and for defense activities of and Mr. LEVIN) submitted an amend- to prescribe personnel strengths for the Department of Energy, to prescribe ment intended to be proposed by him such fiscal year for the Armed Forces, personnel strengths for such fiscal year to the bill S. 2766, to authorize appro- and for other purposes; as follows: for the Armed Forces, and for other priations for fiscal year 2007 for mili- At the end of subtitle B of title XXVIII, purposes; as follows: tary activities of the Department of add the following: At the end of part II of subtitle A of title Defense, for military construction, and SEC. 2828. USE OF RENEWABLE ENERGY TO MEET V, add the following: for defense activities of the Depart- ELECTRICITY NEEDS. SEC. 521. REPORT ON JOINT OFFICER PRO- It shall be the goal of the Department of MOTION BOARDS. ment of Energy, to prescribe personnel Defense to ensure that the Department— (a) REPORT REQUIRED.—Not later than June strengths for such fiscal year for the (1) produces or procures not less than 25 1, 2007, the Secretary of Defense shall submit Armed Forces, and for other purposes; percent of the total quantity of electric en- to the Committee on Armed Services of the as follows: ergy it consumes within its facilities and in Senate and House of Representatives a re- port on the desirability and feasibility of On page 380, line 18, strike ‘‘$3,750,000,000’’ its activities during fiscal year 2025 and each conducting joint officer promotion selection and insert ‘‘$5,000,000,000’’. fiscal year thereafter from renewable energy sources (as defined in section 203(b) of the boards. (b) ELEMENTS.—The report under sub- SA 4356. Mr. WARNER (for himself Energy Policy Act of 2005 (42 U.S.C. 15852(b)); and section (a) shall include— and Mr. LEVIN) proposed an amend- (2) produces or procures such renewable en- (1) a discussion of the limitations in exist- ment to the bill S. 2766, to authorize ergy when it is life-cycle cost effective to do ing officer career paths and promotion proce- appropriations for fiscal year 2007 for so (as defined in section 708 of Executive dures that might warrant the conduct of military activities of the Department Order 13123 (42 U.S.C. 8251 note; relating to joint officer promotion selection boards; of Defense, for military construction, greening the Government through efficient (2) an identification of the requirements and for defense activities of the De- energy management)). for officers for which joint officer promotion selection boards would be advantageous; partment of Energy, to prescribe per- SA 4358. Mr. WARNER (for himself (3) recommendations on methods to dem- sonnel strengths for such fiscal year onstrate how joint officer promotion selec- and Mr. LEVIN) proposed an amend- for the Armed Forces, and for other tion boards might be structured, and an eval- purposes; as follows: ment to the bill S. 2766, to authorize uation of the feasibility of such methods; Strike section 1002 and insert the fol- appropriations for fiscal year 2007 for and lowing: military activities of the Department (4) any proposals for legislative action that SEC. 1002. AUTHORIZATION OF ADDITIONAL of Defense, for military construction, the Secretary considers appropriate. EMERGENCY SUPPLEMENTAL AP- and for defense activities of the De- PROPRIATIONS FOR FISCAL YEAR partment of Energy, to prescribe per- SA 4361. Mrs. CLINTON submitted an 2006. sonnel strengths for such fiscal year amendment intended to be proposed by (a) IRAQ, AFGHANISTAN, AND THE GLOBAL for the Armed Forces, and for other her to the bill S. 2766, to authorize ap- WAR ON TERROR.—Amounts authorized to be purposes; as follows: propriations for fiscal year 2007 for appropriated to the Department of Defense military activities of the Department for fiscal year 2006 in the National Defense On page 463, beginning on line 8, strike ‘‘paragraph (1) in fiscal year 2007 for the ex- of Defense, for military construction, Authorization Act for Fiscal Year 2006 (Pub- and for defense activities of the De- lic Law 109–163) are hereby adjusted, with re- penses and costs’’ and insert ‘‘paragraph spect to any such authorized amount, by the (1)(A) in fiscal year 2007 for the expenses’’. partment of Energy, to prescribe per- amount by which appropriations pursuant to sonnel strengths for such fiscal year such authorization are increased by a supple- SA 4359. Mr. LEVIN (for Mr. BINGA- for the Armed Forces, and for other mental appropriation, or decreased by a re- MAN (for himself and Mr. MENENDEZ)) purposes; which was ordered to lie on scission, or both, or are increased by a trans- proposed an amendment to the bill S. the table; as follows: fer of funds, pursuant to title I of the Emer- 2766, to authorize appropriations for At the end of subtitle A of title XII, add gency Supplemental Appropriations Act for fiscal year 2007 for military activities the following: Defense, the Global War on Terror, and Hur- of the Department of Defense, for mili- SEC. 1209. REPORTS ON IMPLEMENTATION OF ricane Recovery, 2006 (Public Law 109–234). tary construction, and for defense ac- THE DARFUR PEACE AGREEMENT. (b) HURRICANE DISASTER RELIEF AND RE- tivities of the Department of Energy, (a) REQUIREMENT FOR REPORTS.—Not later COVERY.—Amounts authorized to be appro- than 30 days after the date of the enactment priated to the Department of Defense for fis- to prescribe personnel strengths for of this Act, and every 60 days thereafter cal year 2006 in the National Defense Author- such fiscal year for the Armed Forces, until the date that the President submits the ization Act for Fiscal Year 2006 are hereby and for other purposes; as follows: certification described in subsection (b), the adjusted, with respect to any such author- At the end of subtitle D of title III, add the President shall submit to Congress a report ized amount, by the amount by which appro- following: on the implementation of the Darfur Peace priations pursuant to such authorization are SEC. 352. REPORT ON ACTIONS TO REDUCE DE- Agreement of May 5, 2006, and the situation increased by a supplemental appropriation, PARTMENT OF DEFENSE CONSUMP- in Darfur, Sudan. Each such report shall in- or decreased by a rescission, or both, or are TION OF PETROLEUM-BASED FUEL. clude— increased by a transfer of funds, pursuant to (a) REPORT REQUIRED.—Not later than one (1) a description of the steps being taken title II of the Emergency Supplemental Ap- year after the date of the enactment of this by the Government of Sudan, the Sudan Lib- propriations Act for Defense, the Global War Act, the Secretary of Defense shall submit to eration Movement/Army (SLM/A), and other on Terror, and Hurricane Recovery, 2006. the Committees on Armed Services of the parties to the Agreement to uphold their (c) BORDER SECURITY.—Amounts author- Senate and the House of Representatives a commitments to— ized to be appropriated to the Department of report on the actions taken, and to be taken, (A) demobilize and disarm the Janjaweed, Defense for fiscal year 2006 in the National by the Department of Defense to reduce the as stated in paragraphs 214(F), 338, 339, 340, Defense Authorization Act for Fiscal Year consumption by the Department of petro- 366, 387, and 368 of the Agreement; 2006 are hereby adjusted, with respect to any leum-based fuel. (B) provide secure, unfettered access for such authorized amount, by the amount by (b) ELEMENTS.—The report shall include humanitarian personnel and supplies, as which appropriations pursuant to such au- the status of implementation by the Depart- stated in paragraph 214(E) of the Agreement; thorization are increased by a supplemental ment of the requirements of the following: (C) ensure that foreign combatants respect appropriation, or decreased by a rescission, (1) The Energy Policy Act of 2005 (Public the provisions of the Agreement, as stated in or both, or are increased by a transfer of Law 109–58). paragraphs 341 through 344 of the Agreement; funds, pursuant to title V of the Emergency (2) The Energy Policy Act of 1992. (Public and Supplemental Appropriations Act for De- Law 102–486) (D) expedite the safe and voluntary return fense, the Global War on Terror, and Hurri- (3) Executive Order 13123. of internally-displaced persons and refugees cane Recovery, 2006. (4) Executive Order 13149. to their places of origin, as stated in para- (5) Any other law, regulation, or directive graphs 182 through 187 of the Agreement; SA 4357. Mr. LEVIN (for Mr. MENEN- relating to the consumption by the Depart- (2) a description of any violation of the DEZ (for himself and Mr. BINGAMAN)) ment of petroleum-based fuel. Agreement and any delay in implementing

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NAMING OF NAVY AND MARINE CORPS bility age for purposes of subsection (a)(1) is and RESERVE CENTER AT ROCK ISLAND, 60 years of age. (4) a description of the ability of the ILLINOIS, IN HONOR OF LANE ‘‘(2)(A) In the case of a person who as a EVANS, A MEMBER OF THE HOUSE member of the Ready Reserve serves on ac- Ceasefire Commission, the African Union OF REPRESENTATIVES. tive duty or performs active service de- Mission in Sudan, and the other organiza- (a) FINDINGS.—Congress makes the fol- scribed in subparagraph (B) after September tions identified in the Agreement to monitor lowing findings: 11, 2001, the eligibility age for purposes of the implementation of the Agreement, and a (1) Representative Lane Evans was elected subsection (a)(1) shall be reduced below 60 description of any obstruction to such moni- to the House of Representatives in 1982 and is years of age by three months for each aggre- toring. now in his 12th term representing the people gate of 90 days on which such person so per- (b) CERTIFICATION.—The certification de- of Illinois’ 17th Congressional district. forms in any fiscal year after such date, sub- scribed in this subsection is a certification (2) As a member of the Committee on ject to subparagraph (C). A day of duty may made by the President and submitted to Con- Armed Services of the House of Representa- be included in only one aggregate of 90 days gress that the Government of Sudan has ful- tives, Representative Evans has worked to for purposes of this subparagraph. filled its obligations under the Darfur Peace bring common sense priorities to defense ‘‘(B)(i) Service on active duty described in Agreement of May 5, 2006, to demobilize and spending and strengthen the military’s con- this subparagraph is service on active duty disarm the Janjaweed and to protect civil- ventional readiness. pursuant to a call or order to active duty ians. (3) Representative Evans has been a tire- under a provision of law referred to in sec- (c) FORM AND AVAILABILITY OF REPORTS.— less advocate for military veterans, ensuring tion 101(a)(13)(B) of this title or under sec- (1) FORM.—A report submitted under this that veterans receive the medical care they tion 12301(d) of this title. Such service does section shall be in an unclassified form and need and advocating for individuals suffering not include service on active duty pursuant may include a classified annex. from post-traumatic stress disorder and Gulf to a call or order to active duty under sec- (2) AVAILABILITY.—The President shall War Syndrome. make the unclassified portion of a reported tion 12310 of this title. (4) Representative Evans’ efforts to im- ‘‘(ii) Active service described in this sub- submitted under this section available to the prove the transition of individuals from mili- public. paragraph is service under a call to active tary service to the care of the Department of service authorized by the President or the Veterans Affairs will continue to benefit SA 4362. Mrs. LANDRIEU submitted Secretary of Defense under section 502(f) of generations of veterans long into the future. title 32 for purposes of responding to a na- an amendment intended to be proposed (5) Representative Evans is credited with by her to the bill S. 2766, to authorize tional emergency declared by the President bringing new services to veterans living in or supported by Federal funds. appropriations for fiscal year 2007 for his Congressional district, including out- ‘‘(C) The eligibility age for purposes of sub- military activities of the Department patient clinics in the Quad Cities and Quincy section (a)(1) may not be reduced below 50 of Defense, for military construction, and the Quad-Cities Vet Center. years of age for any person under subpara- and for defense activities of the De- (6) Representative Evans has worked with graph (A).’’. partment of Energy, to prescribe per- local leaders to promote the Rock Island Ar- (b) CONTINUATION OF AGE 60 AS MINIMUM senal and has seen it win new jobs and mis- sonnel strengths for such fiscal year AGE FOR ELIGIBILITY OF NON-REGULAR SERV- sions through his support. ICE RETIREES FOR HEALTH CARE.—Section for the Armed Forces, and for other (7) In honor of his service in the Marine purposes; which was ordered to lie on 1074(b) of such title is amended— Corps and to his district and the United (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and the table; as follows: States, it is fitting and proper that the Navy (2) by adding at the end the following new At the end of subtitle B of title III, add the and Marine Corps Reserve Center at Rock Is- paragraph: following: land Arsenal be named in honor of Rep- ‘‘(2) Paragraph (1) does not apply to a SEC. 315. INDIVIDUAL FIRST AID KIT. resentative Evans. member or former member entitled to re- Of the amount authorized to be appro- (b) DESIGNATION.—The Navy and Marine tired pay for non-regular service under chap- priated by section 301(8) for operation and Corps Reserve Center at Rock Island Arse- ter 1223 of this title who is under 60 years of maintenance for the Marine Corps Reserve, nal, Illinois, shall be known and designated age.’’. $3,500,000 may be available for the Individual as the ‘‘Lane Evans Navy and Marine Corps (c) ADMINISTRATION OF RELATED PROVISIONS First Aid Kit (IFAK). Reserve Center’’. Any reference in a law, OF LAW OR POLICY.—With respect to any pro- map, regulation, document, paper, or other vision of law, or of any policy, regulation, or SA 4363. Mrs. LANDRIEU submitted record of the United States to the Navy and directive of the executive branch that refers Marine Corps Reserve Center at Rock Island to a member or former member of the uni- an amendment intended to be proposed Arsenal shall be deemed to be a reference to by her to the bill S. 2766, to authorize formed services as being eligible for, or enti- the Lane Evans Navy and Marine Corps Re- tled to, retired pay under chapter 1223 of appropriations for fiscal year 2007 for serve Center. title 10, United States Code, but for the fact military activities of the Department that the member or former member is under of Defense, for military construction, SA 4365. Mr. CHAMBLISS (for him- 60 years of age, such provision shall be car- and for defense activities of the De- self, Mr. GRAHAM, Mrs. CLINTON, and ried out with respect to that member or partment of Energy, to prescribe per- Mr. BURNS) submitted an amendment former member by substituting for the ref- sonnel strengths for such fiscal year intended to be proposed by him to the erence to being 60 years of age a reference to for the Armed Forces, and for other bill S. 2766, to authorize appropriations having attained the eligibility age applicable purposes; which was ordered to lie on for fiscal year 2007 for military activi- under subsection (f) of section 12731 of title 10, United States Code (as added by sub- the table; as follows: ties of the Department of Defense, for military construction, and for defense section (a)), to such member or former mem- At the end of subtitle B of title III, add the ber for qualification for such retired pay following: activities of the Department of Energy, under subsection (a) of such section. SEC. 315. INFANTRY COMBAT EQUIPMENT. to prescribe personnel strengths for (d) EFFECTIVE DATE AND APPLICABILITY.— Of the amount authorized to be appro- such fiscal year for the Armed Forces, The amendment made by subsection (a) shall priated by section 301(8) for operation and and for other purposes; which was or- take effect as of September 11, 2001, and shall maintenance for the Marine Corps Reserve, dered to lie on the table; as follows: apply with respect to applications for retired $5,850,000 may be available for Infantry Com- At the end of subtitle D of title VI, add the pay that are submitted under section 12731(a) bat Equipment (ICE). following: of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 648. COMMENCEMENT OF RECEIPT OF NON- SA 4364. Mr. DURBIN submitted an REGULAR SERVICE RETIRED PAY BY At the end of subtitle A of title VII, add amendment intended to be proposed by MEMBERS OF THE READY RESERVE the following: him to the bill S. 2766, to authorize ap- ON ACTIVE FEDERAL STATUS OR AC- SEC. 707. EXPANSION OF ELIGIBILITY OF MEM- TIVE DUTY FOR SIGNIFICANT PERI- BERS OF THE SELECTED RESERVE propriations for fiscal year 2007 for ODS. FOR COVERAGE UNDER TRICARE. military activities of the Department (a) REDUCED ELIGIBILITY AGE.—Section (a) IN GENERAL.—Subsection (a) of section of Defense, for military construction, 12731 of title 10, United States Code, is 1076b of title 10, United States Code, is and for defense activities of the De- amended— amended—

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(1) in paragraph (2), by striking ‘‘or’’ at the (4) LIAISON.—The Secretary shall designate to members of the Armed Forces on their end; at least one senior civilian employee of the discharge or release from the Armed Forces. (2) in paragraph (3), by striking the period Department of Defense, and at least one gen- (2) LOCATION.—The Secretary shall carry at the end and inserting ‘‘; or’’; and eral or flag officer of an Armed Force, to out the pilot program at two locations, of (3) by adding at the end the following new serve as liaison between the Department, the which— paragraph: Armed Forces, and the entity conducting the (A) one shall be a military installation at ‘‘(4) is an employee of a business with 20 or review and assessment. which members of the Armed Forces are fewer employees.’’. (b) REPORT.— processed for separation from active duty in (b) PREMIUMS.—Subsection (e)(2) of such (1) IN GENERAL.—Not later than one year the Armed Forces; and section is amended by adding at the end the after the date of the enactment of this Act, (B) one shall be a military installation at following new subparagraph: the entity conducting the review and assess- which members of the reserve components of ‘‘(C) For members eligible under paragraph ment shall submit to the Secretary and the the Armed Forces are processed for release (4) of subsection (a), the amount equal to 75 congressional defense committees a report from active duty following deployment on percent of the total amount determined by on the review and assessment. active duty in support of Operation Iraqi the Secretary on an appropriate actuarial (2) ELEMENTS.—The report shall include— Freedom or Operation Enduring Freedom. basis as being reasonable for the coverage.’’. (A) the results of the review and assess- (3) PROVISION OF MILITARY RECORDS.—Under (c) EFFECTIVE DATE.—The amendments ment; and the pilot program, the Secretary shall pro- made by this section shall take effect on Oc- (B) recommendations on the best means by vide an electronic copy of such member’s tober 1, 2006. which the Department may improve its orga- military records to each member of the nization and management for national secu- Armed Forces undergoing separation from SA 4366. Mr. ALLARD submitted an rity in space. amendment intended to be proposed by the Armed Forces, or release from active duty in the Armed Forces, at a location of him to the bill S. 2677, to authorize ap- SA 4367. Mr. OBAMA (for himself and the pilot program under paragraph (2) during propriations for fiscal year 2007 for Mr. BOND) submitted an amendment in- the period of the pilot program. military activities of the Department tended to be proposed by him to the (4) REPORT.—Not later than one year after of Defense, for military construction, bill S. 2766, to authorize appropriations the date of the enactment of this Act, the and for defense activities of the De- for fiscal year 2007 for military activi- Secretary shall submit to the congressional partment of Energy, to prescribe per- ties of the Department of Defense, for defense committees a report on the pilot pro- sonnel strengths for such fiscal year military construction, and for defense gram. for the Armed Forces, and for other activities of the Department of Energy, (c) MILITARY RECORDS DEFINED.—In this section, the term ‘‘military records’’, with purposes; which was ordered to lie on to prescribe personnel strengths for respect to a member of the Armed Forces, in- the table; as follows: such fiscal year for the Armed Forces, cludes all military service records, military At the end of subtitle B of title IX, add the and for other purposes; which was or- medical records, and other military records following: dered to lie on the table; as follows: of the member of the armed Forces. SEC. 913. INDEPENDENT REVIEW AND ASSESS- At the end of subtitle F of title V, add the MENT OF DEPARTMENT OF DEFENSE following: SA 4368. Mr. NELSON of Florida (for ORGANIZATION AND MANAGEMENT SEC. 587. ASSESSMENT OF PROVISION OF ELEC- himself and Mr. MARTINEZ) submitted FOR NATIONAL SECURITY IN SPACE. TRONIC COPY OF MILITARY (a) INDEPENDENT REVIEW AND ASSESSMENT an amendment intended to be proposed RECORDS ON DISCHARGE OR RE- by him to the bill S. 2766, to authorize REQUIRED.— LEASE OF MEMBERS FROM THE (1) IN GENERAL.—The Secretary of Defense ARMED FORCES. appropriations for fiscal year 2007 for shall provide for an independent review and (a) REPORT REQUIRED.— military activities of the Department assessment of the organization and manage- (1) IN GENERAL.—Not later than 120 days of Defense, for military construction, ment of the Department of Defense for na- after the date of the enactment of this Act, and for defense activities of the De- tional security in space. the Secretary of Defense shall submit to the partment of Energy, to prescribe per- (2) CONDUCT OF REVIEW.—The review and congressional defense committees a report sonnel strengths for such fiscal year assessment shall be conducted by an appro- on the feasibility and advisability of pro- for the Armed Forces, and for other priate entity outside the Department of De- viding an electronic copy of military records fense selected by the Secretary for purposes to members of the Armed Forces on their purposes; which was ordered to lie on of this section. discharge or release from the Armed Forces. the table; as follows: (3) ELEMENTS.—The review and assessment (2) ELEMENTS.—The report required by At the end of subtitle C of title X, add the shall address the following: paragraph (1) shall include the following: following: (A) The requirements of the Department of (A) An estimate of the costs of the provi- SEC. 1024. OPERATION BAHAMAS, TURKS & Defense for national security space capabili- sion of military records as described in para- CAICOS. ties, as identified by the Department, and graph (1). (a) FINDINGS.—Congress makes the fol- the efforts of the Department to fulfill such (B) An assessment of providing military lowing findings: requirements. records as described in that paragraph (1) In 1982 the United States Government (B) The future space missions of the De- through the distribution of a portable, read- created Operation Bahamas, Turks & Caicos partment, and the plans of the Department ily accessible medium (such as a computer (OPBAT) to counter the smuggling of co- to meet the future space missions. disk or other similar medium) containing caine into the United States. (C) The actions that could be taken by the such records. (2) According to the Drug Enforcement Department to modify the organization and (C) A description and assessment of the Agency, an estimated 80 percent of the co- management of the Department over the mechanisms required to ensure the privacy caine entering the United States in the 1980s near-term, medium-term, and long-term in of members of the Armed Forces in providing came through the Bahamas, whereas, accord- order to strengthen United States national military records as described in that para- ing to the Office of National Drug Control security in space, and the ability of the De- graph. Policy, only an estimated 10 percent comes partment to implement its requirements and (D) An assessment of the benefits to the through the Bahamas today. carry out the future space missions, includ- members of the Armed Forces of receiving (3) According to the Drug Enforcement ing the following: their military records as described in that Agency, more than 80,000 kilograms of co- (i) Actions to exploit existing and planned paragraph. caine and nearly 700,000 pounds of marijuana military space assets to provide support for (E) If the Secretary determines that pro- have been seized in Operation Bahamas, United States military operations. viding military records to members of the Turks & Caicos since 1986, with a combined (ii) Actions to improve or enhance current Armed Forces as described in that paragraph street value of approximately two trillion interagency coordination processes regard- is feasible and advisable, a plan (including a dollars. ing the operation of national security space schedule) for providing such records to mem- (4) The Army has provided military airlift assets, including improvements or enhance- bers of the Armed Forces as so described in to law enforcement officials under Operation ments in interoperability and communica- order to ensure that each member of the Bahamas, Turks & Caicos to create an effec- tions. Armed Forces is provided such records upon tive, reliable, and immediate response capa- (iii) Actions to improve or enhance the re- discharge or release from the Armed Forces. bility for drug interdiction. This support is lationship between the intelligence aspects (F) Any other matter to relating to the largely responsible for the decline in cocaine of national security space (so-called ‘‘black provision of military records as described in shipments to the United States through the space’’) and the non-intelligence aspects of that paragraph that the Secretary considers Bahamas. national security space (so-called ‘‘white appropriate. (5) The Bahamas is an island nation com- space’’). (b) PILOT PROGRAM.— posed of approximately 700 islands and keys, (iv) Actions to improve or enhance the (1) PROGRAM REQUIRED.—The Secretary of which makes aviation assets the best and manner in which military space issues are Defense shall carry out a pilot program to most efficient method of transporting law addressed by professional military education assess the feasibility and advisability of pro- enforcement agents and interdicting smug- institutions. viding an electronic copy of military records glers.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6177 (6) It is in the interest of the United States website of the Department of Defense avail- SEC. 1066. FISCAL INTEGRITY OF TRAVEL PAY- to maintain the results of the successful Op- able to the public, each year information as MENTS. eration Bahamas, Turks & Caicos program follows: Not later than November 15, 2006, the Sec- and prevent drug smugglers from rebuilding (1) A description of each earmark of funds retary of Defense shall submit to the con- their operations through the Bahamas. made available to the Department of Defense gressional defense committees and the Com- (b) REPORT ON UNITED STATES GOVERNMENT for the previous fiscal year, including the lo- mittee on Homeland Security and Govern- SUPPORT FOR OPBAT.— cation (by city, State, country, and congres- mental Affairs of the Senate and the Com- (1) REPORT ON DECISION TO WITHDRAW.—Not sional district if relevant) in which the ear- mittee on Government Reform of the House later than 30 days before implementing a de- marked funds are to be utilized, the purpose of Representatives a report including— cision to withdraw Department of Defense of such earmark (if known), and the recipi- (1) risk assessments performed by the De- helicopters from Operation Bahamas, Turks ent of such earmark. partment of Defense on payments made by & Caicos, the Secretary of Defense shall sub- (2) The total cost of administering each the Department for travel, as required under mit to the Congress a report outlining the such earmark including the amount of such section 2 of the Improper Payments Informa- plan for the coordination of the Operation earmark, staff time, administrative ex- tion Act of 2002 (Public Law 107–300; 31 U.S.C. Bahamas, Turks & Caicos mission, at the penses, and other costs. 3321 note); and same level of effectiveness, using other (3) The total cost of administering all such (2) a justification detailing the method- United States Government assets. earmarks. ology used to determine the risk suscepti- (2) CONSULTATION.—The Secretary of De- (4) An assessment of the utility of each bility of making improper payments in ac- fense shall consult with the Secretary of such earmark in meeting the goals of the De- tivities related to Department of Defense State, the Attorney General, and the Sec- partment, set forth using a rating system as travel during fiscal year 2005, including— retary of Homeland Security, and with other follows: (A) an explanation of how the Department appropriate officials of the United States (A) A for an earmark that directly ad- used a statistically valid estimate to deter- Government, in preparing the report under vances the primary goals of the Department mine travel payments for fiscal year 2005 in paragraph (1). or an agency, element, or component of the accordance with guidance in Office of Man- (3) ELEMENTS.—The report under paragraph Department. agement and Budget Memorandum 30–13 (1) on the withdrawal of equipment referred (B) B for an earmark that advances many issued pursuant to the Improper Payments to in that paragraph shall include the fol- of the primary goals of the Department or an Information Act of 2002 (Public Law 107–300; lowing: agency, element, or component of the De- 31 U.S.C. 3321 note); and (A) An explanation of the military jus- partment. (B) a declaration of whether or not activi- tification for the withdrawal of the equip- (C) C for an earmark that may advance ties related to such travel payments were de- ment. some of the primary goals of the Department termined to be at significant risk of making (B) An assessment of the availability of or an agency, element, or component of the improper payments for such fiscal year. other options (including other Government Department. helicopters) to provide the capability being (D) D for an earmark that cannot be dem- SA 4373. Mr. COBURN submitted an provided by the equipment to be withdrawn. onstrated as being cost-effective in advanc- amendment intended to be proposed by (C) An explanation of how each option ing the primary goals of the Department or him to the bill H.R. 2863, making ap- specified under subparagraph (B) will provide any agency, element, or component of the propriations for the Department of De- the capability currently provided by the Department. fense for the fiscal year ending Sep- equipment to be withdrawn. (E) F for an earmark that distracts from or tember 30, 2006, and for other purposes; (D) An assessment of the potential use of otherwise impedes that capacity of the De- which was ordered to lie on the table; unmanned aerial vehicles in Operation Baha- partment to meet the primary goals of the mas, Turks & Caicos, including the capabili- Department. as follows: ties of such vehicles and any advantages or (b) EARMARK DEFINED.—In this section, the At the appropriate place, insert the fol- disadvantages associated with the use of term ‘‘earmark’’ means a provision of law, or lowing: such vehicles in that operation, and a rec- a directive contained within a joint explana- SEC. ll. None of the funds appropriated ommendation on whether or not to deploy tory statement or report accompanying a by this Act may be obligated or expended for such vehicles in that operation. conference report or bill (as applicable), that the further development, deployment, or op- specifies the identity of an entity, program, eration of any web-based, end-to-end travel SA 4369. Mr. JEFFORDS submitted project, or service, including a defense sys- management system, or services under any an amendment intended to be proposed tem, to receive assistance not requested by contract for such travel services that pro- by him to the bill S. 2766, to authorize the President and the amount of the assist- vides for payment by the Department of De- appropriations for fiscal year 2007 for ance to be so received. fense to the service provider above, or in ad- military activities of the Department dition to, a fixed price transaction fee for SA 4371. Mr. COBURN submitted an eTravel services under the General Services of Defense, for military construction, Administration eTravel contract. and for defense activities of the De- amendment intended to be proposed by partment of Energy, to prescribe per- him to the bill S. 2766, to authorize ap- SA 4374. Ms. CANTWELL (for herself sonnel strengths for such fiscal year propriations for fiscal year 2007 for and Mr. LIEBERMAN) submitted an for the Armed Forces, and for other military activities of the Department amendment intended to be proposed by purposes; which was ordered to lie on of Defense, for military construction, her to the bill S. 2766, to authorize ap- the table; as follows: and for defense activities of the De- propriations for fiscal year 2007 for On page 555, strike line 1 and all that fol- partment of Energy, to prescribe per- military activities of the Department lows through ‘‘Secretary’’ on line 13 and in- sonnel strengths for such fiscal year of Defense, for military construction, sert the following: ‘‘(B) The Secretary’’. for the Armed Forces, and for other and for defense activities of the De- purposes; which was ordered to lie on partment of Energy, to prescribe per- SA 4370. Mr. COBURN submitted an the table; as follows: amendment intended to be proposed by sonnel strengths for such fiscal year On page 345, line 2, strike ‘‘poor’’ and in- for the Armed Forces, and for other him to the bill S. 2766, to authorize ap- sert ‘‘below-satisfactory performance or per- propriations for fiscal year 2007 for purposes; which was ordered to lie on formance that does not meet the basic re- the table; as follows: military activities of the Department quirements of the contract’’. of Defense, for military construction, At the end of subtitle C of title VII, add and for defense activities of the De- SA 4372. Mr. COBURN submitted an the following: amendment intended to be proposed by SEC. 746. STUDY OF HEALTH EFFECTS OF EXPO- partment of Energy, to prescribe per- SURE TO DEPLETED URANIUM. him to the bill S. 2766, to authorize ap- sonnel strengths for such fiscal year (a) STUDY.—The Secretary of Defense, in for the Armed Forces, and for other propriations for fiscal year 2007 for consultation with the Secretary for Veterans purposes; which was ordered to lie on military activities of the Department Affairs and the Secretary of Health and the table; as follows: of Defense, for military construction, Human Services, shall conduct a comprehen- At the end of subtitle A of title X, add the and for defense activities of the De- sive study of the health effects of exposure following: partment of Energy, to prescribe per- to depleted uranium munitions on uranium- SEC. 1008. REPORTS TO CONGRESS AND NOTICE sonnel strengths for such fiscal year exposed soldiers and on children of uranium- TO PUBLIC ON EARMARKS IN FUNDS for the Armed Forces, and for other exposed soldiers who were born after the ex- AVAILABLE TO THE DEPARTMENT posure of the uranium-exposed soldiers to de- OF DEFENSE. purposes; which was ordered to lie on pleted uranium. (a) ANNUAL REPORT AND NOTICE RE- the table; as follows: (b) URANIUM-EXPOSED SOLDIERS.—In this QUIRED.—The Secretary of Defense shall sub- At the end of subtitle G of title X, add the section, the term ‘‘uranium-exposed sol- mit to Congress, and post on the Internet following: diers’’ means a member or former member of

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6178 CONGRESSIONAL RECORD — SENATE June 20, 2006 the Armed Forces who handled, came in con- ‘‘(1) except as otherwise provided in this compensated for each hour in such a bi- tact with, or had the likelihood of contact section, not less than— weekly work schedule at a rate not less than with depleted uranium munitions while on ‘‘(A) $5.70 an hour, beginning 6 months the regular rate at which the employee is active duty, including members and former after the date of enactment of the National employed. members who— Defense Authorization Act for Fiscal Year ‘‘(4) COMPUTATION OF OVERTIME.—All hours (1) were exposed to smoke from fires re- 2007; and worked by the employee in excess of such a sulting from the burning of vehicles con- ‘‘(B) $6.25 an hour, beginning 18 months biweekly work schedule or in excess of 80 taining depleted uranium munitions or fires after such date of enactment;’’. hours in the 2-week period, that are re- at depots at which depleted uranium muni- (b) EFFECTIVE DATE.—The amendment quested in advance by the employer, shall be tions were stored; made by subsection (a) shall take effect 6 overtime hours. (2) worked within environments containing months after the date of enactment of this ‘‘(5) OVERTIME COMPENSATION PROVISION.— depleted uranium dust or residues from de- Act. The employee shall be compensated for each pleted uranium munitions; Subtitle B—Workplace Flexibility such overtime hour at a rate not less than (3) were within a structure or vehicle while SEC. 4111. SHORT TITLE. one and one-half times the regular rate at it was struck by a depleted uranium muni- This subtitle may be cited as the ‘‘Work- which the employee is employed, in accord- tion; place Flexibility Act’’. ance with section 7(a)(1), or receive compen- (4) climbed on or entered equipment or SEC. 4112. BIWEEKLY WORK PROGRAMS. satory time off in accordance with section structures struck by a depleted uranium mu- (a) IN GENERAL.—The Fair Labor Standards 7(r) for each such overtime hour. nition; or Act of 1938 is amended by inserting after sec- ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- (5) were medical personnel who provided tion 13 (29 U.S.C. 213) the following: DRAWAL.— initial treatment to members of the Armed ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- Forces described in paragraph (1), (2), (3), or ‘‘(a) VOLUNTARY PARTICIPATION.— ployer that has established a biweekly work (4). ‘‘(1) IN GENERAL.—Except as provided in program under paragraph (1) may dis- (c) REPORT.—Not later than 1 year after paragraph (2), no employee may be required continue the program for employees de- the date of enactment of this Act, the Sec- to participate in a program described in this scribed in paragraph (2)(A)(ii) after providing retary of Defense shall submit a report to section. Participation in a program de- 30 days’ written notice to the employees who Congress on the results of the study de- scribed in this section may not be a condi- are subject to an agreement described in scribed in subsection (a). tion of employment. paragraph (2)(A)(ii). ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— ‘‘(B) WITHDRAWAL.—An employee may SA 4375. Ms. LANDRIEU submitted In a case in which a valid collective bar- withdraw an agreement described in para- an amendment intended to be proposed gaining agreement exists between an em- graph (2)(A)(ii) at the end of any 2-week pe- by her to the bill S. 2766, to authorize ployer and the labor organization that has riod described in paragraph (1)(A), by sub- appropriations for fiscal year 2007 for been certified or recognized as the represent- mitting a written notice of withdrawal to military activities of the Department ative of the employees of the employer under the employer of the employee. of Defense, for military construction, applicable law, an employee may only be re- ‘‘(c) PROHIBITION OF COERCION.— and for defense activities of the De- quired to participate in such a program in ‘‘(1) IN GENERAL.—An employer shall not directly or indirectly intimidate, threaten, partment of Energy, to prescribe per- accordance with the agreement. ‘‘(b) BIWEEKLY WORK PROGRAMS.— or coerce, or attempt to intimidate, threat- sonnel strengths for such fiscal year ‘‘(1) IN GENERAL.—Notwithstanding section en, or coerce, any employee for the purpose for the Armed Forces, and for other 7, an employer may establish biweekly work of interfering with the rights of the em- purposes; which was ordered to lie on programs that allow the use of a biweekly ployee under this section to elect or not to the table; as follows: work schedule— elect to work a biweekly work schedule. At the end of subtitle A of title X add the ‘‘(A) that consists of a basic work require- ‘‘(2) DEFINITION.—In paragraph (1), the following: ment of not more than 80 hours, over a 2- term ‘intimidate, threaten, or coerce’ in- cludes promising to confer or conferring any SEC. 1008. MODIFICATION OF AVAILABILITY OF week period; and CERTAIN FUNDS FOR THE DEPART- ‘‘(B) in which more than 40 hours of the benefit (such as appointment, promotion, or MENT OF DEFENSE TO ADDRESS work requirement may occur in a week of compensation) or effecting or threatening to HURRICANES IN THE GULF OF MEX- the period, except that no more than 10 effect any reprisal (such as deprivation of ap- ICO IN 2005. hours may be shifted between the 2 weeks in- pointment, promotion, or compensation). (a) RESERVE PERSONNEL, ARMY.—Chapter 2 volved. ‘‘(d) DEFINITIONS.—In this section: of title I of the Emergency Supplemental Ap- ‘‘(2) CONDITIONS.—An employer may carry ‘‘(1) BASIC WORK REQUIREMENT.—The term propriations Act to Address Hurricanes in out a biweekly work program described in ‘basic work requirement’ means the number the Gulf of Mexico and Pandemic Influenza, paragraph (1) for employees only pursuant to of hours, excluding overtime hours, that an 2006 (division B of Public Law 109–148) is the following: employee is required to work or is required amended under the heading ‘‘RESERVE PER- ‘‘(A) AGREEMENT.—The program may be to account for by leave or otherwise. SONNEL, ARMY’’ by striking ‘‘September 30, carried out only in accordance with— ‘‘(2) COLLECTIVE BARGAINING.—The term 2006’’ and inserting ‘‘September 30, 2007’’. ‘‘(i) applicable provisions of a collective ‘collective bargaining’ means the perform- (b) OPERATION AND MAINTENANCE, ARMY RE- bargaining agreement between the employer ance of the mutual obligation of the rep- SERVE.—Chapter 2 of title I of the Emergency and the labor organization that has been cer- resentative of an employer and the labor or- Supplemental Appropriations Act to Address tified or recognized as the representative of ganization that has been certified or recog- Hurricanes in the Gulf of Mexico and Pan- the employees under applicable law; or nized as the representative of the employees demic Influenza, 2006 is amended under the ‘‘(ii) in the case of an employee who is not of the employer under applicable law to meet heading ‘‘OPERATION AND MAINTENANCE, represented by a labor organization de- at reasonable times and to consult and bar- ARMY RESERVE’’ by striking ‘‘September 30, scribed in clause (i), a written agreement ar- gain in a good-faith effort to reach agree- 2006’’ and inserting ‘‘September 30, 2007’’. rived at between the employer and employee ment with respect to the conditions of em- before the performance of the work involved ployment affecting such employees and to SA 4376. Mr. ENZI proposed an if the agreement was entered into knowingly execute, if requested by either party, a writ- amendment to the bill S. 2766, to au- and voluntarily by such employee and was ten document incorporating any collective thorize appropriations for fiscal year not a condition of employment. bargaining agreement reached, but the obli- 2007 for military activities of the De- ‘‘(B) STATEMENT.—The program shall apply gation referred to in this paragraph shall not partment of Defense, for military con- to an employee described in subparagraph compel either party to agree to a proposal or struction, and for defense activities of (A)(ii) if such employee has affirmed, in a to make a concession. the Department of Energy, to prescribe written statement that is made, kept, and ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— preserved in accordance with section 11(c), The term ‘collective bargaining agreement’ personnel strengths for such fiscal year that the employee has chosen to participate means an agreement entered into as a result for the Armed Forces, and for other in the program. of collective bargaining. purposes; as follows: ‘‘(C) MINIMUM SERVICE.—No employee may ‘‘(4) ELECTION.—The term ‘at the election At the end, add the following new Division: participate, or agree to participate, in the of’, used with respect to an employee, means DIVISION D—OTHER PROVISIONS program unless the employee has been em- at the initiative of, and at the request of, the ployed for at least 12 months by the em- employee. TITLE XXXXI—ASSISTANCE FOR WORKERS ployer, and for at least 1,250 hours of service ‘‘(5) EMPLOYEE.—The term ‘employee’ AND SMALL BUSINESSES with the employer during the previous 12- means an individual— Subtitle A—Minimum Wage Adjustment month period. ‘‘(A) who is an employee (as defined in sec- SEC. 4101. MINIMUM WAGE. ‘‘(3) COMPENSATION FOR HOURS IN SCHED- tion 3); (a) IN GENERAL.—Section 6(a)(1) of the Fair ULE.—Notwithstanding section 7, in the case ‘‘(B) who is not an employee of a public Labor Standards Act of 1938 (29 U.S.C. of an employee participating in such a bi- agency; and 206(a)(1)) is amended to read as follows: weekly work program, the employee shall be ‘‘(C) to whom section 7(a) applies.

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‘‘(6) EMPLOYER.—The term ‘employer’ does the requirements of section 13A of the Fair public health or safety, the head of the agen- not include a public agency. Labor Standards Act of 1938 shall be such cy may, notwithstanding paragraph (1)(E), ‘‘(7) OVERTIME HOURS.—The term ‘overtime remedy as would be appropriate if awarded determine that a civil fine should not be im- hours’ when used with respect to biweekly under sections 16 and 17 of such Act (29 posed on the small business concern if the work programs under subsection (b), means U.S.C. 216, 217) for such a violation.’’; and violation is corrected within 24 hours of re- all hours worked in excess of the biweekly (3) in subsection (c), by striking paragraph ceipt of notice in writing by the small busi- work schedule involved or in excess of 80 (4). ness concern of the violation. hours in the 2-week period involved, that are SEC. 4114. TERMINATION. ‘‘(B) In determining whether to provide a requested in advance by an employer. The authority provided by this subtitle small business concern with 24 hours to cor- ‘‘(8) REGULAR RATE.—The term ‘regular and the amendments made by this subtitle rect a violation under subparagraph (A), the rate’ has the meaning given the term in sec- terminates 5 years after the date of enact- head of the agency shall take into account tion 7(e).’’. ment of this Act. all of the facts and circumstances regarding (b) REMEDIES.— the violation, including— Subtitle C—Small Business Fair Labor (1) PROHIBITIONS.—Section 15(a)(3) of the ‘‘(i) the nature and seriousness of the vio- Standards Act Exemption Fair Labor Standards Act of 1938 (29 U.S.C. lation, including whether the violation is 215(a)(3)) is amended— SEC. 4121. ENHANCED SMALL BUSINESS EXEMP- technical or inadvertent or involves willful (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; TION. or criminal conduct; (B) by adding ‘‘or’’ after the semicolon; and (a) IN GENERAL.—Section 3(s)(1)(A)(ii) of ‘‘(ii) whether the small business concern (C) by adding at the end the following: the Fair Labor Standards Act of 1938 (29 has made a good faith effort to comply with ‘‘(B) to violate any of the provisions of sec- U.S.C. 203(s)(1)(A)(ii)) is amended by striking applicable laws, and to remedy the violation tion 13A;’’. ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. within the shortest practicable period of (b) EFFECT OF AMENDMENT.—The amend- (2) REMEDIES AND SANCTIONS.—Section 16 of time; and the Fair Labor Standards Act of 1938 (29 ment made by subsection (a) shall not apply ‘‘(iii) whether the small business concern U.S.C. 216) is amended— in any State that does not have in effect, or has obtained a significant economic benefit (A) in subsection (c)— that does not subsequently enact after the from the violation. (i) in the first sentence— date of enactment of the National Defense ‘‘(C) In any case in which the head of the (I) by inserting after ‘‘7 of this Act’’ the Authorization Act for Fiscal Year 2007, legis- agency imposes a civil fine on a small busi- following: ‘‘, or of the appropriate legal or lation applying minimum wage and hours of ness concern for a violation with respect to monetary equitable relief owing to any em- work protections to workers covered by the which this paragraph applies and does not ployee or employees under section 13A’’; and Fair Labor Standards Act of 1938 as of the provide the small business concern with 24 (II) by striking ‘‘wages or unpaid overtime day before such date of enactment. hours to correct the violation, the head of compensation and’’ and inserting ‘‘wages, SEC. 4122. SCOPE OF EMPLOYMENT. the agency shall notify Congress regarding unpaid overtime compensation, or legal or Section 6(a) of the Fair Labor Standards such determination not later than 60 days monetary equitable relief, as appropriate, Act of 1938 (29 U.S.C. 206(a)), in the matter after the date that the civil fine is imposed and’’; preceding paragraph (1), and section 7(a)(1) of by the agency. (ii) in the second sentence, by striking such Act (29 U.S.C. 207(a)(1)), are amended by ‘‘(3) With respect to any agency, this sub- ‘‘wages or overtime compensation and’’ and striking ‘‘who in any workweek is engaged in section shall not apply to any violation by a inserting ‘‘wages, unpaid overtime com- commerce or in the production of goods for small business concern of a requirement re- pensation, or legal or monetary equitable re- commerce, or is employed in an enterprise garding collection of information by such lief, as appropriate, and’’; and engaged in commerce or in the production of agency if such small business concern pre- (iii) in the third sentence— goods for commerce,’’ and inserting ‘‘who in viously violated any requirement regarding (I) by inserting after ‘‘first sentence of any workweek is engaged in industrial home- collection of information by such agency. such subsection’’ the following: ‘‘, or the sec- work subject to section 11(d) and engaged in ‘‘(4) In determining if a violation is a first- ond sentence of such subsection in the event commerce or in the production of goods for time violation for purposes of this sub- of a violation of section 13A,’’; and commerce, or who in any workweek is em- section, the head of an agency shall not take (II) by striking ‘‘wages or unpaid overtime ployed in an enterprise engaged in commerce into account any violation of a requirement compensation under sections 6 and 7 or’’ and or in the production of goods for com- regarding collection of information by an- inserting ‘‘wages, unpaid overtime com- merce,’’. other agency. pensation, or legal or monetary equitable re- Subtitle D—Small Business Paperwork ‘‘(5) Notwithstanding any other provision lief, as appropriate, or’’; and Reduction of law, no State may impose a civil penalty on a small business concern, in the case of a (B) in subsection (e)— SEC. 4131. SMALL BUSINESS PAPERWORK REDUC- (i) in the second sentence, by striking ‘‘sec- TION. first-time violation by the small-business concern of a requirement regarding collec- tion 6 or 7’’ and inserting ‘‘section 6, 7, or (a) IN GENERAL.—Section 3506 of title 44, 13A’’; and United States Code (commonly referred to as tion of information under Federal law, in a (ii) in the fourth sentence, in paragraph (3), the ‘‘Paperwork Reduction Act’’), is amend- manner inconsistent with the provisions of by striking ‘‘15(a)(4) or’’ and inserting ed by adding at the end the following: this subsection. ‘‘15(a)(4), a violation of section 15(a)(3)(B), ‘‘(j)(1) In the case of a first-time violation ‘‘(6) For purposes of this subsection, the or’’. by a small business concern of a requirement term ‘small business concern’ means a busi- (c) NOTICE TO EMPLOYEES.—Not later than regarding the collection of information by an ness concern that meets the requirements of 30 days after the date of enactment of this agency, the head of such agency shall pro- section 3(a) of the Small Business Act (15 Act, the Secretary of Labor shall revise the vide that no civil fine shall be imposed on U.S.C. 632(a)) and the regulations promul- materials the Secretary provides, under reg- the small business concern unless, based on gated pursuant to such section.’’. FFECTIVE DATE.—The amendment ulations contained in section 516.4 of title 29, the particular facts and circumstances re- (b) E made by this section shall apply to any vio- Code of Federal Regulations, to employers garding the violation— lation occurring on or after January 1, 2006. for purposes of a notice explaining the Fair ‘‘(A) the head of the agency determines Labor Standards Act of 1938 (29 U.S.C. 201 et that the violation has the potential to cause Subtitle E—Small Business Regulatory Relief seq.) to employees so that the notice reflects serious harm to the public interest; SEC. 4141. ENHANCED COMPLIANCE ASSISTANCE the amendments made to the Act by this sec- ‘‘(B) the head of the agency determines FOR SMALL BUSINESSES. tion. that failure to impose a civil fine would im- (a) IN GENERAL.—Section 212 of the Small SEC. 4113. CONGRESSIONAL COVERAGE. pede or interfere with the detection of crimi- Business Regulatory Enforcement Fairness Section 203 of the Congressional Account- nal activity; Act of 1996 (5 U.S.C. 601 note) is amended by ability Act of 1995 (2 U.S.C. 1313) is amend- ‘‘(C) the violation is a violation of an inter- striking subsection (a) and inserting the fol- ed— nal revenue law or a law concerning the as- lowing: (1) in subsection (a)— sessment or collection of any tax, debt, rev- ‘‘(a) COMPLIANCE GUIDE.— (A) in paragraph (1), by striking ‘‘and sec- enue, or receipt; ‘‘(1) IN GENERAL.—For each rule for which tion 12(c)’’ and inserting ‘‘section 12(c), and ‘‘(D) the violation is not corrected on or an agency head does not make a certification section 13A’’; and before the date that is 6 months after the under section 605(b) of title 5, United States (B) by striking paragraph (3); date of receipt by the small business concern Code, the agency shall publish 1 or more (2) in subsection (b)— of notification of the violation in writing guides to assist small entities in complying (A) by striking ‘‘The remedy’’ and insert- from the agency; or with the rule, and shall entitle such publica- ing the following: ‘‘(E) except as provided in paragraph (2), tions ‘small entity compliance guides’. ‘‘(1) IN GENERAL.—Except as provided in the head of the agency determines that the ‘‘(2) PUBLICATION OF GUIDES.—The publica- paragraphs (2) and (3), the remedy’’; and violation presents a danger to the public tion of each guide under this subsection shall (B) by adding at the end the following: health or safety. include— ‘‘(2) BIWEEKLY WORK PROGRAMS AND FLEXI- ‘‘(2)(A) In any case in which the head of an ‘‘(A) the posting of the guide in an easily BLE CREDIT HOURS PROGRAMS.—The remedy agency determines under paragraph (1)(E) identified location on the website of the for a violation of subsection (a) relating to that a violation presents a danger to the agency; and

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‘‘(B) distribution of the guide to known in- ‘‘(A) the cash wage paid such employee ‘‘(1) IN GENERAL.—An eligible taxpayer dustry contacts, such as small entities, asso- which is required under such law, ordinance, shall not be required to use inventories ciations, or industry leaders affected by the regulation, or order on the date of enact- under this section for a taxable year. rule. ment of such Act; and ‘‘(2) TREATMENT OF TAXPAYERS NOT USING ‘‘(3) PUBLICATION DATE.—An agency shall ‘‘(B) an additional amount on account of INVENTORIES.—If an eligible taxpayer does publish each guide (including the posting and tips received by such employee which not use inventories with respect to any prop- distribution of the guide as described under amount is equal to the difference between erty for any taxable year beginning after De- paragraph (2))— such cash wage and the minimum wage rate cember 31, 2005, such property shall be treat- ‘‘(A) on the same date as the date of publi- in effect under such law, ordinance, regula- ed as a material or supply which is not inci- cation of the final rule (or as soon as possible tion, or order or the minimum wage rate in dental. after that date); and effect under section 6, whichever is higher.’’. ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of ‘‘(B) not later than the date on which the Subtitle G—Small Business Tax Relief this subsection, the term ‘eligible taxpayer’ requirements of that rule become effective. has the meaning given such term by section SEC. 4160. AMENDMENT OF 1986 CODE. 446(g)(2).’’. ‘‘(4) COMPLIANCE ACTIONS.— Except as otherwise expressly provided, ‘‘(A) IN GENERAL.—Each guide shall explain (c) EFFECTIVE DATE AND SPECIAL RULES.— whenever in this subtitle an amendment or (1) IN GENERAL.—The amendments made by the actions a small entity is required to take repeal is expressed in terms of an amend- to comply with a rule. this section shall apply to taxable years be- ment to, or repeal of, a section or other pro- ginning after December 31, 2005. ‘‘(B) EXPLANATION.—The explanation under vision, the reference shall be considered to subparagraph (A)— (2) CHANGE IN METHOD OF ACCOUNTING.—In be made to a section or other provision of the case of any taxpayer changing the tax- ‘‘(i) shall include a description of actions the Internal Revenue Code of 1986. needed to meet requirements to enable a payer’s method of accounting for any taxable small entity to know when such require- CHAPTER 1—PROVISIONS RELATING TO year under the amendments made by this ments are met; and ECONOMIC STIMULUS FOR SMALL BUSI- section— ‘‘(ii) if determined appropriate by the NESSES (A) such change shall be treated as initi- agency, may include a description of possible SEC. 4161. EXTENSION OF INCREASED EXPENS- ated by the taxpayer; procedures, such as conducting tests, that ING FOR SMALL BUSINESSES. (B) such change shall be treated as made assist a small entity in meeting such re- (a) IN GENERAL.—Section 179 (relating to with the consent of the Secretary of the quirements. election to expense certain depreciable busi- Treasury; and ness assets) is amended by striking ‘‘2010’’ (C) the net amount of the adjustments re- ‘‘(C) PROCEDURES.—Procedures described quired to be taken into account by the tax- under subparagraph (B)(ii)— each place it appears and inserting ‘‘2011’’. (b) EFFECTIVE DATE.—The amendment payer under section 481 of the Internal Rev- ‘‘(i) shall be suggestions to assist small en- made by this section shall apply to taxable enue Code of 1986 shall be taken into account tities; and years beginning after December 31, 2010. over a period (not greater than 4 taxable ‘‘(ii) shall not be additional requirements years) beginning with such taxable year. relating to the rule. SEC. 4162. CLARIFICATION OF CASH ACCOUNT- ING RULES FOR SMALL BUSINESS. SEC. 4163. EXTENSION AND EXPANSION OF 15- ‘‘(5) AGENCY PREPARATION OF GUIDES.—The (a) CASH ACCOUNTING PERMITTED.—Section YEAR STRAIGHT-LINE COST RECOV- agency shall, in its sole discretion, taking 446 (relating to general rule for methods of ERY FOR QUALIFIED RESTAURANT into account the subject matter of the rule accounting) is amended by adding at the end IMPROVEMENTS. and the language of relevant statutes, ensure the following new subsection: (a) EXTENSION.— that the guide is written using sufficiently ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS (1) IN GENERAL.—Section 168(e)(3)(E)(v) is plain language likely to be understood by af- PERMITTED TO USE CASH ACCOUNTING METHOD amended by striking ‘‘2006’’ and inserting fected small entities. Agencies may prepare WITHOUT LIMITATION.— ‘‘2007’’. separate guides covering groups or classes of ‘‘(1) IN GENERAL.—An eligible taxpayer (2) EFFECTIVE DATE.—The amendment similarly affected small entities, and may shall not be required to use an accrual meth- made by this subsection shall apply to prop- cooperate with associations of small entities od of accounting for any taxable year. erty placed in service after December 31, to develop and distribute such guides. An ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of 2005. agency may prepare guides and apply this this subsection— (b) MODIFICATION OF TREATMENT OF QUALI- section with respect to a rule or a group of FIED RESTAURANT PROPERTY AS 15-YEAR ‘‘(A) IN GENERAL.—A taxpayer is an eligible related rules.’’. taxpayer with respect to any taxable year PROPERTY FOR PURPOSES OF DEPRECIATION (b) TECHNICAL AND CONFORMING AMEND- DEDUCTION.— if— MENT.—Section 211(3) of the Small Business (1) TREATMENT TO INCLUDE NEW CONSTRUC- ‘‘(i) for all prior taxable years beginning Regulatory Enforcement Fairness Act of 1996 TION.—Paragraph (7) of section 168(e) (relat- after December 31, 2004, the taxpayer (or any (5 U.S.C. 601 note) is amended by inserting ing to classification of property) is amended predecessor) met the gross receipts test of ‘‘and entitled’’ after ‘‘designated’’. to read as follows: subparagraph (B), and ‘‘(7) QUALIFIED RESTAURANT PROPERTY.— Subtitle F—Minimum Wage Tip Credit ‘‘(ii) the taxpayer is not subject to section The term ‘qualified restaurant property’ SEC. 4151. TIPPED WAGE FAIRNESS. 447 or 448. means any section 1250 property which is a Section 3(m) of the Fair Labor Standards ‘‘(B) GROSS RECEIPTS TEST.—A taxpayer building or an improvement to a building if Act of 1938 (29 U.S.C. 203(m)) is amended— meets the gross receipts test of this subpara- more than 50 percent of the building’s square (1) in paragraph (2), by inserting before the graph for any prior taxable year if the aver- footage is devoted to preparation of, and period the following: ‘‘: Provided, That the age annual gross receipts of the taxpayer for seating for on-premises consumption of, pre- tips shall not be included as part of the wage the 3-taxable-year period ending with such pared meals.’’. paid to an employee to the extent that they prior taxable year does not exceed $10,000,000. (2) EFFECTIVE DATE.—The amendment are excluded therefrom under the terms of a The rules of paragraphs (2) and (3) of section made by this subsection shall apply to any bona fide collective bargaining agreement 448(c) shall apply for purposes of the pre- property placed in service after the date of applicable to the particular employee’’; ceding sentence. the enactment of this Act. (2) by redesignating paragraphs (1) and (2) ‘‘(C) INFLATION ADJUSTMENT.—In the case as subparagraphs (A) and (B), respectively; of any taxable year beginning in a calendar CHAPTER 2—REVENUE PROVISIONS (3) by striking the subsection designation year after 2007, the dollar amount contained SEC. 4171. FRIVOLOUS TAX SUBMISSIONS. and inserting ‘‘(m)(1)’’; and in subparagraph (B) shall be increased by an (a) CIVIL PENALTIES.—Section 6702 is (4) by adding at the end of the following: amount equal to— amended to read as follows: ‘‘(2) Notwithstanding any other provision ‘‘(i) such dollar amount, multiplied by ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. of this Act, any State or political subdivi- ‘‘(ii) the cost-of-living adjustment deter- ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- sion of a State which on and after the date mined under section 1(f)(3) for the calendar TURNS.—A person shall pay a penalty of of enactment of the National Defense Au- year in which the taxable year begins, by $5,000 if— thorization Act for Fiscal Year 2007 excludes substituting ‘calendar year 2006’ for ‘cal- ‘‘(1) such person files what purports to be a all of a tipped employee’s tips from being endar year 1992’ in subparagraph (B) thereof. return of a tax imposed by this title but considered as wages in determining if such If any amount as adjusted under this sub- which— tipped employee has been paid the applicable paragraph is not a multiple of $100,000, such ‘‘(A) does not contain information on minimum wage rate, may not establish or amount shall be rounded to the nearest mul- which the substantial correctness of the self- enforce the minimum wage rate provisions of tiple of $100,000.’’. assessment may be judged, or such law, ordinance, regulation, or order in (b) CLARIFICATION OF INVENTORY RULES FOR ‘‘(B) contains information that on its face such State or political subdivision thereof SMALL BUSINESS.—Section 471 (relating to indicates that the self-assessment is substan- with respect to tipped employees unless such general rule for inventories) is amended by tially incorrect, and law, ordinance, regulation, or order is re- redesignating subsection (c) as subsection (d) ‘‘(2) the conduct referred to in paragraph vised or amended to permit such employee to and by inserting after subsection (b) the fol- (1)— be paid a wage by the employee’s employer lowing new subsection: ‘‘(A) is based on a position which the Sec- in an amount not less than an amount equal ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- retary has identified as frivolous under sub- to— QUIRED TO USE INVENTORIES.— section (c), or

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‘‘(B) reflects a desire to delay or impede (3) STATEMENT OF GROUNDS.—Section ‘‘(b) AGGRAVATED FAILURE TO FILE.— the administration of Federal tax laws. 6330(b)(1) is amended by striking ‘‘under sub- ‘‘(1) IN GENERAL.—In the case of any failure ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- section (a)(3)(B)’’ and inserting ‘‘in writing described in paragraph (2), the first sentence LOUS SUBMISSIONS.— under subsection (a)(3)(B) and states the of subsection (a) shall be applied by sub- ‘‘(1) IMPOSITION OF PENALTY.—Except as grounds for the requested hearing’’. stituting— provided in paragraph (3), any person who (c) TREATMENT OF FRIVOLOUS REQUESTS ‘‘(A) ‘felony’ for ‘misdemeanor’, submits a specified frivolous submission FOR HEARINGS UPON FILING OF NOTICE OF ‘‘(B) ‘$500,000 ($1,000,000’ for ‘$25,000 shall pay a penalty of $5,000. LIEN.—Section 6320 is amended— ($100,000’, and ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For (1) in subsection (b)(1), by striking ‘‘under ‘‘(C) ‘10 years’ for ‘1 year’. purposes of this section— subsection (a)(3)(B)’’ and inserting ‘‘in writ- ‘‘(2) FAILURE DESCRIBED.—A failure de- ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— ing under subsection (a)(3)(B) and states the scribed in this paragraph is a failure to make The term ‘specified frivolous submission’ grounds for the requested hearing’’, and a return described in subsection (a) for a pe- means a specified submission if any portion (2) in subsection (c), by striking ‘‘and (e)’’ riod of 3 or more consecutive taxable of such submission— and inserting ‘‘(e), and (g)’’. years.’’. ‘‘(i) is based on a position which the Sec- (d) TREATMENT OF FRIVOLOUS APPLICATIONS (3) FRAUD AND FALSE STATEMENTS.—Section retary has identified as frivolous under sub- FOR OFFERS-IN-COMPROMISE AND INSTALL- 7206(a) (as redesignated by subsection (a)) is section (c), or MENT AGREEMENTS.—Section 7122 is amended amended— ‘‘(ii) reflects a desire to delay or impede by adding at the end the following new sub- (A) by striking ‘‘$100,000’’ and inserting the administration of Federal tax laws. section: ‘‘$500,000’’, ‘‘(B) SPECIFIED SUBMISSION.—The term ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- (B) by striking ‘‘$500,000’’ and inserting ‘specified submission’ means— withstanding any other provision of this sec- ‘‘$1,000,000’’, and ‘‘(i) a request for a hearing under— tion, if the Secretary determines that any (C) by striking ‘‘3 years’’ and inserting ‘‘5 ‘‘(I) section 6320 (relating to notice and op- portion of an application for an offer-in-com- years’’. portunity for hearing upon filing of notice of promise or installment agreement submitted (c) EFFECTIVE DATE.—The amendments lien), or under this section or section 6159 meets the made by this section shall apply to actions, ‘‘(II) section 6330 (relating to notice and requirement of clause (i) or (ii) of section and failures to act, occurring after the date opportunity for hearing before levy), and 6702(b)(2)(A), then the Secretary may treat of the enactment of this Act. ‘‘(ii) an application under— such portion as if it were never submitted ‘‘(I) section 6159 (relating to agreements SEC. 4173. TAX TREATMENT OF INVERTED ENTI- and such portion shall not be subject to any TIES. for payment of tax liability in installments), further administrative or judicial review.’’. (a) IN GENERAL.—Section 7874 is amended— ‘‘(II) section 7122 (relating to com- (e) CLERICAL AMENDMENT.—The table of (1) by striking ‘‘March 4, 2003’’ in sub- promises), or sections for part I of subchapter B of chapter section (a)(2)(B)(i) and in the matter fol- ‘‘(III) section 7811 (relating to taxpayer as- 68 is amended by striking the item relating sistance orders). lowing subsection (a)(2)(B)(iii) and inserting to section 6702 and inserting the following ‘‘March 20, 2002’’, ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- new item: (2) by striking ‘‘at least 60 percent’’ in sub- SION.—If the Secretary provides a person ‘‘Sec. 6702. Frivolous tax submissions.’’. with notice that a submission is a specified section (a)(2)(B)(ii) and inserting ‘‘more than (f) EFFECTIVE DATE.—The amendments 50 percent’’, frivolous submission and such person with- made by this section shall apply to submis- draws such submission within 30 days after (3) by striking ‘‘80 percent’’ in subsection sions made and issues raised after the date (b) and inserting ‘‘at least 80 percent’’, such notice, the penalty imposed under para- on which the Secretary first prescribes a list graph (1) shall not apply with respect to such (4) by striking ‘‘60 percent’’ in subsection under section 6702(c) of the Internal Revenue (b) and inserting ‘‘more than 50 percent’’, submission. Code of 1986, as amended by subsection (a). ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The (5) by adding at the end of subsection (a)(2) Secretary shall prescribe (and periodically SEC. 4172. INCREASE IN CRIMINAL MONETARY the following new sentence: ‘‘Except as pro- PENALTY LIMITATION FOR THE UN- vided in regulations, an acquisition of prop- revise) a list of positions which the Sec- DERPAYMENT OR OVERPAYMENT OF retary has identified as being frivolous for TAX DUE TO FRAUD. erties of a domestic corporation shall not be treated as described in subparagraph (B) if purposes of this subsection. The Secretary (a) IN GENERAL.—Section 7206 (relating to shall not include in such list any position fraud and false statements) is amended— none of the corporation’s stock was readily that the Secretary determines meets the re- (1) by striking ‘‘Any person who—’’ and in- tradeable on an established securities mar- ket at any time during the 4-year period end- quirement of section 6662(d)(2)(B)(ii)(II). serting ‘‘(A) IN GENERAL.—Any person who’’ ‘‘(d) REDUCTION OF PENALTY.—The Sec- and ing on the date of the acquisition.’’, and retary may reduce the amount of any pen- (2) by adding at the end the following new (6) by redesignating subsection (g) as sub- alty imposed under this section if the Sec- subsection: section (h) and by inserting after subsection retary determines that such reduction would ‘‘(b) INCREASE IN MONETARY LIMITATION FOR (f) the following new subsection: promote compliance with and administra- UNDERPAYMENT OR OVERPAYMENT OF TAX DUE ‘‘(g) SPECIAL RULES APPLICABLE TO EXPA- tion of the Federal tax laws. TO FRAUD.—If any portion of any under- TRIATED ENTITIES.— ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- payment (as defined in section 6664(a)) or ‘‘(1) INCREASES IN ACCURACY-RELATED PEN- ALTIES.—The penalties imposed by this sec- ALTIES.—In the case of any underpayment of tion shall be in addition to any other penalty overpayment (as defined in section 6401(a)) of tax required to be shown on a return is at- tax of an expatriated entity— provided by law.’’. ‘‘(A) section 6662(a) shall be applied with (b) TREATMENT OF FRIVOLOUS REQUESTS tributable to fraudulent action described in respect to such underpayment by sub- FOR HEARINGS BEFORE LEVY.— subsection (a), the applicable dollar amount stituting ‘30 percent’ for ‘20 percent’, and (1) FRIVOLOUS REQUESTS DISREGARDED.— under subsection (a) shall in no event be less ‘‘(B) if such underpayment is attributable Section 6330 (relating to notice and oppor- than an amount equal to such portion. A rule to one or more gross valuation understate- tunity for hearing before levy) is amended by similar to the rule under section 6663(b) shall ments, the increase in the rate of penalty adding at the end the following new sub- apply for purposes of determining the por- under section 6662(h) shall be to 50 percent section: tion so attributable.’’. rather than 40 percent. ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, (b) INCREASE IN PENALTIES.— ‘‘(2) MODIFICATIONS OF LIMITATION ON INTER- ETC.—Notwithstanding any other provision (1) ATTEMPT TO EVADE OR DEFEAT TAX.— of this section, if the Secretary determines Section 7201 is amended— EST DEDUCTION.—In the case of an expatri- that any portion of a request for a hearing (A) by striking ‘‘$100,000’’ and inserting ated entity, section 163(j) shall be applied— under this section or section 6320 meets the ‘‘$500,000’’, ‘‘(A) without regard to paragraph (2)(A)(ii) requirement of clause (i) or (ii) of section (B) by striking ‘‘$500,000’’ and inserting thereof, and 6702(b)(2)(A), then the Secretary may treat ‘‘$1,000,000’’, and ‘‘(B) by substituting ‘25 percent’ for ‘50 per- such portion as if it were never submitted (C) by striking ‘‘5 years’’ and inserting ‘‘10 cent’ each place it appears in paragraph and such portion shall not be subject to any years’’. (2)(B) thereof.’’. further administrative or judicial review.’’. (2) WILLFUL FAILURE TO FILE RETURN, SUP- (b) EFFECTIVE DATE.—The amendments (2) PRECLUSION FROM RAISING FRIVOLOUS PLY INFORMATION, OR PAY TAX.—Section 7203 made by this section shall apply to taxable ISSUES AT HEARING.—Section 6330(c)(4) is is amended— years ending after March 20, 2002. amended— (A) in the first sentence— SEC. 4174. REVISION OF TAX RULES ON EXPA- (A) by striking ‘‘(A)’’ and inserting (i) by striking ‘‘Any person’’ and inserting TRIATION OF INDIVIDUALS. ‘‘(A)(i)’’; the following: (a) IN GENERAL.—Subpart A of part II of (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; ‘‘(a) IN GENERAL.—Any person’’, and subchapter N of chapter 1 is amended by in- (C) by striking the period at the end of the (ii) by striking ‘‘$25,000’’ and inserting serting after section 877 the following new first sentence and inserting ‘‘; or’’; and ‘‘$50,000’’, section: (D) by inserting after subparagraph (A)(ii) (B) in the third sentence, by striking ‘‘sec- ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- (as so redesignated) the following: tion’’ and inserting ‘‘subsection’’, and TION. ‘‘(B) the issue meets the requirement of (C) by adding at the end the following new ‘‘(a) GENERAL RULES.—For purposes of this clause (i) or (ii) of section 6702(b)(2)(A).’’. subsection: subtitle—

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‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- more than 5 taxable years before the date of in subsections (d) and (f), all property of a posed of in a transaction in which gain is not relinquishment. covered expatriate to whom this section ap- recognized in whole or in part, until such ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR plies shall be treated as sold on the day be- other date as the Secretary may prescribe). PENSION PLANS.— fore the expatriation date for its fair market ‘‘(2) DETERMINATION OF TAX WITH RESPECT ‘‘(1) EXEMPT PROPERTY.—This section shall value. TO PROPERTY.—For purposes of paragraph (1), not apply to the following: ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the the additional tax attributable to any prop- ‘‘(A) UNITED STATES REAL PROPERTY INTER- case of any sale under paragraph (1)— erty is an amount which bears the same ESTS.—Any United States real property in- ‘‘(A) notwithstanding any other provision ratio to the additional tax imposed by this terest (as defined in section 897(c)(1)), other of this title, any gain arising from such sale chapter for the taxable year solely by reason than stock of a United States real property shall be taken into account for the taxable of subsection (a) as the gain taken into ac- holding corporation which does not, on the year of the sale, and count under subsection (a) with respect to day before the expatriation date, meet the ‘‘(B) any loss arising from such sale shall such property bears to the total gain taken requirements of section 897(c)(2). be taken into account for the taxable year of into account under subsection (a) with re- ‘‘(B) SPECIFIED PROPERTY.—Any property the sale to the extent otherwise provided by spect to all property to which subsection (a) or interest in property not described in sub- this title, except that section 1091 shall not applies. paragraph (A) which the Secretary specifies apply to any such loss. ‘‘(3) TERMINATION OF POSTPONEMENT.—No in regulations. Proper adjustment shall be made in the tax may be postponed under this subsection ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- amount of any gain or loss subsequently re- later than the due date for the return of tax MENT PLANS.— alized for gain or loss taken into account imposed by this chapter for the taxable year ‘‘(A) IN GENERAL.—If a covered expatriate under the preceding sentence. which includes the date of death of the expa- holds on the day before the expatriation date ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— triate (or, if earlier, the time that the secu- any interest in a retirement plan to which ‘‘(A) IN GENERAL.—The amount which, but rity provided with respect to the property this paragraph applies— for this paragraph, would be includible in the fails to meet the requirements of paragraph ‘‘(i) such interest shall not be treated as gross income of any individual by reason of (4), unless the taxpayer corrects such failure sold for purposes of subsection (a)(1), but this section shall be reduced (but not below within the time specified by the Secretary). ‘‘(ii) an amount equal to the present value zero) by $600,000. For purposes of this para- ‘‘(4) SECURITY.— of the expatriate’s nonforfeitable accrued graph, allocable expatriation gain taken into ‘‘(A) IN GENERAL.—No election may be benefit shall be treated as having been re- account under subsection (f)(2) shall be made under paragraph (1) with respect to ceived by such individual on such date as a treated in the same manner as an amount re- any property unless adequate security is pro- distribution under the plan. quired to be includible in gross income. vided to the Secretary with respect to such ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(B) COST-OF-LIVING ADJUSTMENT.— property. TIONS.—In the case of any distribution on or ‘‘(i) IN GENERAL.—In the case of an expa- ‘‘(B) ADEQUATE SECURITY.—For purposes of after the expatriation date to or on behalf of triation date occurring in any calendar year subparagraph (A), security with respect to the covered expatriate from a plan from after 2005, the $600,000 amount under sub- any property shall be treated as adequate se- paragraph (A) shall be increased by an which the expatriate was treated as receiv- curity if— amount equal to— ing a distribution under subparagraph (A), ‘‘(i) it is a bond in an amount equal to the ‘‘(I) such dollar amount, multiplied by the amount otherwise includible in gross in- deferred tax amount under paragraph (2) for ‘‘(II) the cost-of-living adjustment deter- come by reason of the subsequent distribu- the property, or mined under section 1(f)(3) for such calendar tion shall be reduced by the excess of the ‘‘(ii) the taxpayer otherwise establishes to year, determined by substituting ‘calendar amount includible in gross income under the satisfaction of the Secretary that the se- year 2004’ for ‘calendar year 1992’ in subpara- subparagraph (A) over any portion of such curity is adequate. graph (B) thereof. amount to which this subparagraph pre- ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- ‘‘(ii) ROUNDING RULES.—If any amount after viously applied. tion may be made under paragraph (1) unless adjustment under clause (i) is not a multiple ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- of $1,000, such amount shall be rounded to the taxpayer consents to the waiver of any TIONS BY PLAN.—For purposes of this title, a the next lower multiple of $1,000. right under any treaty of the United States retirement plan to which this paragraph ap- which would preclude assessment or collec- ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS plies, and any person acting on the plan’s be- tion of any tax imposed by reason of this sec- UNITED STATES CITIZEN.— half, shall treat any subsequent distribution tion. ‘‘(A) IN GENERAL.—If a covered expatriate described in subparagraph (B) in the same elects the application of this paragraph— ‘‘(6) ELECTIONS.—An election under para- manner as such distribution would be treat- ‘‘(i) this section (other than this paragraph graph (1) shall only apply to property de- ed without regard to this paragraph. and subsection (i)) shall not apply to the ex- scribed in the election and, once made, is ir- ‘‘(D) APPLICABLE PLANS.—This paragraph patriate, but revocable. An election may be made under shall apply to— ‘‘(ii) in the case of property to which this paragraph (1) with respect to an interest in a ‘‘(i) any qualified retirement plan (as de- section would apply but for such election, trust with respect to which gain is required fined in section 4974(c)), the expatriate shall be subject to tax under to be recognized under subsection (f)(1). ‘‘(ii) an eligible deferred compensation this title in the same manner as if the indi- ‘‘(7) INTEREST.—For purposes of section plan (as defined in section 457(b)) of an eligi- vidual were a United States citizen. 6601— ble employer described in section ‘‘(B) REQUIREMENTS.—Subparagraph (A) ‘‘(A) the last date for the payment of tax 457(e)(1)(A), and shall not apply to an individual unless the shall be determined without regard to the ‘‘(iii) to the extent provided in regulations, individual— election under this subsection, and any foreign pension plan or similar retire- ‘‘(i) provides security for payment of tax in ‘‘(B) section 6621(a)(2) shall be applied by ment arrangements or programs. such form and manner, and in such amount, substituting ‘5 percentage points’ for ‘3 per- ‘‘(e) DEFINITIONS.—For purposes of this sec- as the Secretary may require, centage points’ in subparagraph (B) thereof. tion— ‘‘(ii) consents to the waiver of any right of ‘‘(c) COVERED EXPATRIATE.—For purposes ‘‘(1) EXPATRIATE.—The term ‘expatriate’ the individual under any treaty of the of this section— means— United States which would preclude assess- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) any United States citizen who relin- ment or collection of any tax which may be paragraph (2), the term ‘covered expatriate’ quishes citizenship, and imposed by reason of this paragraph, and means an expatriate. ‘‘(B) any long-term resident of the United ‘‘(iii) complies with such other require- ‘‘(2) EXCEPTIONS.—An individual shall not States who— ments as the Secretary may prescribe. be treated as a covered expatriate if— ‘‘(i) ceases to be a lawful permanent resi- ‘‘(C) ELECTION.—An election under sub- ‘‘(A) the individual— dent of the United States (within the mean- paragraph (A) shall apply to all property to ‘‘(i) became at birth a citizen of the United ing of section 7701(b)(6)), or which this section would apply but for the States and a citizen of another country and, ‘‘(ii) commences to be treated as a resident election and, once made, shall be irrev- as of the expatriation date, continues to be a of a foreign country under the provisions of ocable. Such election shall also apply to citizen of, and is taxed as a resident of, such a tax treaty between the United States and property the basis of which is determined in other country, and the foreign country and who does not waive whole or in part by reference to the property ‘‘(ii) has not been a resident of the United the benefits of such treaty applicable to resi- with respect to which the election was made. States (as defined in section 7701(b)(1)(A)(ii)) dents of the foreign country. ‘‘(b) ELECTION TO DEFER TAX.— during the 5 taxable years ending with the ‘‘(2) EXPATRIATION DATE.—The term ‘expa- ‘‘(1) IN GENERAL.—If the taxpayer elects the taxable year during which the expatriation triation date’ means— application of this subsection with respect to date occurs, or ‘‘(A) the date an individual relinquishes any property treated as sold by reason of ‘‘(B)(i) the individual’s relinquishment of United States citizenship, or subsection (a), the payment of the additional United States citizenship occurs before such ‘‘(B) in the case of a long-term resident of tax attributable to such property shall be individual attains age 181⁄2, and the United States, the date of the event de- postponed until the due date of the return ‘‘(ii) the individual has been a resident of scribed in clause (i) or (ii) of paragraph for the taxable year in which such property the United States (as so defined) for not (1)(B).

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‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- ‘‘(iii) NONVESTED INTEREST.—The term citizen shall be treated as relinquishing ance in a deferred tax account with respect ‘nonvested interest’ means, with respect to United States citizenship on the earliest of— to any trust interest is an amount equal to any beneficiary, any interest in a trust ‘‘(A) the date the individual renounces the tax which would have been imposed on which is not a vested interest. Such interest such individual’s United States nationality the allocable expatriation gain with respect shall be determined by assuming the max- before a diplomatic or consular officer of the to the trust interest if such gain had been in- imum exercise of discretion in favor of the United States pursuant to paragraph (5) of cluded in gross income under subsection (a). beneficiary and the occurrence of all contin- section 349(a) of the Immigration and Na- ‘‘(ii) INCREASE FOR INTEREST.—The balance gencies in favor of the beneficiary. tionality Act (8 U.S.C. 1481(a)(5)), in the deferred tax account shall be in- ‘‘(iv) ADJUSTMENTS.—The Secretary may ‘‘(B) the date the individual furnishes to creased by the amount of interest deter- provide for such adjustments to the bases of the United States Department of State a mined (on the balance in the account at the assets in a trust or a deferred tax account, signed statement of voluntary relinquish- time the interest accrues), for periods after and the timing of such adjustments, in order ment of United States nationality con- the 90th day after the expatriation date, by to ensure that gain is taxed only once. firming the performance of an act of expa- using the rates and method applicable under ‘‘(v) COORDINATION WITH RETIREMENT PLAN triation specified in paragraph (1), (2), (3), or section 6621 for underpayments of tax for RULES.—This subsection shall not apply to (4) of section 349(a) of the Immigration and such periods, except that section 6621(a)(2) an interest in a trust which is part of a re- Nationality Act (8 U.S.C. 1481(a)(1)–(4)), shall be applied by substituting ‘5 percentage tirement plan to which subsection (d)(2) ap- ‘‘(C) the date the United States Depart- points’ for ‘3 percentage points’ in subpara- plies. ment of State issues to the individual a cer- graph (B) thereof. ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- tificate of loss of nationality, or ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY TEREST IN TRUST.— ‘‘(D) the date a court of the United States PAID.—The balance in the tax deferred ac- ‘‘(A) DETERMINATIONS UNDER PARAGRAPH cancels a naturalized citizen’s certificate of count shall be reduced— (1).—For purposes of paragraph (1), a bene- naturalization. ‘‘(I) by the amount of taxes imposed by ficiary’s interest in a trust shall be based Subparagraph (A) or (B) shall not apply to subparagraph (A) on any distribution to the upon all relevant facts and circumstances, any individual unless the renunciation or person holding the trust interest, and including the terms of the trust instrument voluntary relinquishment is subsequently ‘‘(II) in the case of a person holding a non- and any letter of wishes or similar docu- approved by the issuance to the individual of vested interest, to the extent provided in ment, historical patterns of trust distribu- a certificate of loss of nationality by the regulations, by the amount of taxes imposed tions, and the existence of and functions per- United States Department of State. by subparagraph (A) on distributions from formed by a trust protector or any similar ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- the trust with respect to nonvested interests adviser. not held by such person. term resident’ has the meaning given to such ‘‘(B) OTHER DETERMINATIONS.—For purposes term by section 877(e)(2). ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For of this section— purposes of this paragraph, the allocable ex- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- patriation gain with respect to any bene- FICIARIES’ INTERESTS IN TRUST.— ficiary of a trust is a corporation, partner- ficiary’s interest in a trust is the amount of ship, trust, or estate, the shareholders, part- ‘‘(1) IN GENERAL.—Except as provided in gain which would be allocable to such bene- ners, or beneficiaries shall be deemed to be paragraph (2), if an individual is determined ficiary’s vested and nonvested interests in the trust beneficiaries for purposes of this under paragraph (3) to hold an interest in a the trust if the beneficiary held directly all section. trust on the day before the expatriation assets allocable to such interests. ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- date— ‘‘(E) TAX DEDUCTED AND WITHHELD.— payer shall clearly indicate on its income ‘‘(A) the individual shall not be treated as ‘‘(i) IN GENERAL.—The tax imposed by sub- tax return— having sold such interest, paragraph (A)(ii) shall be deducted and with- ‘‘(I) the methodology used to determine ‘‘(B) such interest shall be treated as a sep- held by the trustees from the distribution to that taxpayer’s trust interest under this sec- arate share in the trust, and which it relates. tion, and ‘‘(C)(i) such separate share shall be treated ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE ‘‘(II) if the taxpayer knows (or has reason as a separate trust consisting of the assets TREATY RIGHTS.—If an amount may not be allocable to such share, deducted and withheld under clause (i) by to know) that any other beneficiary of such ‘‘(ii) the separate trust shall be treated as reason of the distributee failing to waive any trust is using a different methodology to de- having sold its assets on the day before the treaty right with respect to such distribu- termine such beneficiary’s trust interest expatriation date for their fair market value tion— under this section. and as having distributed all of its assets to ‘‘(I) the tax imposed by subparagraph ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In the individual as of such time, and (A)(ii) shall be imposed on the trust and each the case of any covered expatriate, notwith- ‘‘(iii) the individual shall be treated as trustee shall be personally liable for the standing any other provision of this title— having recontributed the assets to the sepa- amount of such tax, and ‘‘(1) any period during which recognition of rate trust. ‘‘(II) any other beneficiary of the trust income or gain is deferred shall terminate on Subsection (a)(2) shall apply to any income, shall be entitled to recover from the dis- the day before the expatriation date, and gain, or loss of the individual arising from a tributee the amount of such tax imposed on ‘‘(2) any extension of time for payment of distribution described in subparagraph the other beneficiary. tax shall cease to apply on the day before the (C)(ii). In determining the amount of such ‘‘(F) DISPOSITION.—If a trust ceases to be a expatriation date and the unpaid portion of distribution, proper adjustments shall be qualified trust at any time, a covered expa- such tax shall be due and payable at the time made for liabilities of the trust allocable to triate disposes of an interest in a qualified and in the manner prescribed by the Sec- an individual’s share in the trust. trust, or a covered expatriate holding an in- retary. ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- terest in a qualified trust dies, then, in lieu ‘‘(h) IMPOSITION OF TENTATIVE TAX.— FIED TRUSTS.— of the tax imposed by subparagraph (A)(ii), ‘‘(1) IN GENERAL.—If an individual is re- ‘‘(A) IN GENERAL.—If the trust interest de- there is hereby imposed a tax equal to the quired to include any amount in gross in- scribed in paragraph (1) is an interest in a lesser of— come under subsection (a) for any taxable qualified trust— ‘‘(i) the tax determined under paragraph (1) year, there is hereby imposed, immediately ‘‘(i) paragraph (1) and subsection (a) shall as if the day before the expatriation date before the expatriation date, a tax in an not apply, and were the date of such cessation, disposition, amount equal to the amount of tax which ‘‘(ii) in addition to any other tax imposed or death, whichever is applicable, or would be imposed if the taxable year were a by this title, there is hereby imposed on each ‘‘(ii) the balance in the tax deferred ac- short taxable year ending on the expatria- distribution with respect to such interest a count immediately before such date. tion date. tax in the amount determined under sub- Such tax shall be imposed on the trust and ‘‘(2) DUE DATE.—The due date for any tax paragraph (B). each trustee shall be personally liable for the imposed by paragraph (1) shall be the 90th ‘‘(B) AMOUNT OF TAX.—The amount of tax amount of such tax and any other bene- day after the expatriation date. under subparagraph (A)(ii) shall be equal to ficiary of the trust shall be entitled to re- ‘‘(3) TREATMENT OF TAX.—Any tax paid the lesser of— cover from the covered expatriate or the es- under paragraph (1) shall be treated as a pay- ‘‘(i) the highest rate of tax imposed by sec- tate the amount of such tax imposed on the ment of the tax imposed by this chapter for tion 1(e) for the taxable year which includes other beneficiary. the taxable year to which subsection (a) ap- the day before the expatriation date, multi- ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For plies. plied by the amount of the distribution, or purposes of this paragraph— ‘‘(4) DEFERRAL OF TAX.—The provisions of ‘‘(ii) the balance in the deferred tax ac- ‘‘(i) QUALIFIED TRUST.—The term ‘qualified subsection (b) shall apply to the tax imposed count immediately before the distribution trust’ means a trust which is described in by this subsection to the extent attributable determined without regard to any increases section 7701(a)(30)(E). to gain includible in gross income by reason under subparagraph (C)(ii) after the 30th day ‘‘(ii) VESTED INTEREST.—The term ‘vested of this section. preceding the distribution. interest’ means any interest which, as of the ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes day before the expatriation date, is vested in AMOUNTS.— of subparagraph (B)(ii)— the beneficiary. ‘‘(1) IMPOSITION OF LIEN.—

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‘‘(A) IN GENERAL.—If a covered expatriate came at birth a citizen of the United States by subsection (b)) shall apply to gifts and be- makes an election under subsection (a)(4) or and a citizen of another country.’’. quests received on or after the date of the (b) which results in the deferral of any tax (d) INELIGIBILITY FOR VISA OR ADMISSION TO enactment of this Act, from an individual or imposed by reason of subsection (a), the de- UNITED STATES.— the estate of an individual whose expatria- ferred amount (including any interest, addi- (1) IN GENERAL.—Section 212(a)(10)(E) of the tion date (as so defined) occurs after such tional amount, addition to tax, assessable Immigration and Nationality Act (8 U.S.C. date. penalty, and costs attributable to the de- 1182(a)(10)(E)) is amended to read as follows: (3) DUE DATE FOR TENTATIVE TAX.—The due ferred amount) shall be a lien in favor of the ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE date under section 877A(h)(2) of the Internal United States on all property of the expa- WITH EXPATRIATION REVENUE PROVISIONS.— Revenue Code of 1986, as added by this sec- triate located in the United States (without Any alien who is a former citizen of the tion, shall in no event occur before the 90th regard to whether this section applies to the United States who relinquishes United day after the date of the enactment of this property). States citizenship (within the meaning of Act. ‘‘(B) DEFERRED AMOUNT.—For purposes of section 877A(e)(3) of the Internal Revenue SEC. 4175. DOUBLING OF CERTAIN PENALTIES, this subsection, the deferred amount is the Code of 1986) and who is not in compliance FINES, AND INTEREST ON UNDER- amount of the increase in the covered expa- with section 877A of such Code (relating to PAYMENTS RELATED TO CERTAIN triate’s income tax which, but for the elec- expatriation) is inadmissible.’’. OFFSHORE FINANCIAL ARRANGE- tion under subsection (a)(4) or (b), would (2) AVAILABILITY OF INFORMATION.— MENTS. have occurred by reason of this section for (A) IN GENERAL.—Section 6103(l) (relating (a) DETERMINATION OF PENALTY.— the taxable year including the expatriation to disclosure of returns and return informa- (1) IN GENERAL.—Notwithstanding any date. tion for purposes other than tax administra- other provision of law, in the case of an ap- ‘‘(2) PERIOD OF LIEN.—The lien imposed by tion) is amended by adding at the end the plicable taxpayer— this subsection shall arise on the expatria- following new paragraph: (A) the determination as to whether any tion date and continue until— ‘‘(21) DISCLOSURE TO DENY VISA OR ADMIS- interest or applicable penalty is to be im- ‘‘(A) the liability for tax by reason of this SION TO CERTAIN EXPATRIATES.—Upon written posed with respect to any arrangement de- section is satisfied or has become unenforce- request of the Attorney General or the At- scribed in paragraph (2), or to any under- able by reason of lapse of time, or torney General’s delegate, the Secretary payment of Federal income tax attributable ‘‘(B) it is established to the satisfaction of shall disclose whether an individual is in to items arising in connection with any such the Secretary that no further tax liability compliance with section 877A (and if not in arrangement, shall be made without regard may arise by reason of this section. compliance, any items of noncompliance) to to the rules of subsections (b), (c), and (d) of ‘‘(3) CERTAIN RULES APPLY.—The rules set officers and employees of the Federal agency section 6664 of the Internal Revenue Code of forth in paragraphs (1), (3), and (4) of section responsible for administering section 1986, and 6324A(d) shall apply with respect to the lien 212(a)(10)(E) of the Immigration and Nation- (B) if any such interest or applicable pen- imposed by this subsection as if it were a ality Act solely for the purpose of, and to the alty is imposed, the amount of such interest lien imposed by section 6324A. extent necessary in, administering such sec- or penalty shall be equal to twice that deter- ‘‘(j) REGULATIONS.—The Secretary shall tion 212(a)(10)(E).’’. mined without regard to this section. prescribe such regulations as may be nec- (B) SAFEGUARDS.—Section 6103(p)(4) (relat- (2) APPLICABLE TAXPAYER.—For purposes of essary or appropriate to carry out the pur- ing to safeguards) is amended by striking ‘‘or this subsection— poses of this section.’’. (20)’’ each place it appears and inserting (A) IN GENERAL.—The term ‘‘applicable (b) INCLUSION IN INCOME OF GIFTS AND BE- ‘‘(20), or (21)’’. taxpayer’’ means a taxpayer which— QUESTS RECEIVED BY UNITED STATES CITIZENS (3) EFFECTIVE DATES.—The amendments (i) has underreported its United States in- AND RESIDENTS FROM EXPATRIATES.—Section made by this subsection shall apply to indi- come tax liability with respect to any item 102 (relating to gifts, etc. not included in viduals who relinquish United States citizen- which directly or indirectly involves— gross income) is amended by adding at the ship on or after the date of the enactment of (I) any financial arrangement which in any end the following new subsection: this Act. manner relies on the use of offshore payment ‘‘(d) GIFTS AND INHERITANCES FROM COV- (e) CONFORMING AMENDMENTS.— mechanisms (including credit, debit, or ERED EXPATRIATES.— (1) Section 877 is amended by adding at the charge cards) issued by banks or other enti- ‘‘(1) IN GENERAL.—Subsection (a) shall not end the following new subsection: ties in foreign jurisdictions, or exclude from gross income the value of any ‘‘(h) APPLICATION.—This section shall not (II) any offshore financial arrangement (in- property acquired by gift, bequest, devise, or apply to an expatriate (as defined in section cluding any arrangement with foreign banks, inheritance from a covered expatriate after 877A(e)) whose expatriation date (as so de- financial institutions, corporations, partner- the expatriation date. For purposes of this fined) occurs on or after the date of the en- ships, trusts, or other entities), and subsection, any term used in this subsection actment of this subsection.’’. (ii) has neither signed a closing agreement which is also used in section 877A shall have (2) Section 2107 is amended by adding at pursuant to the Voluntary Offshore Compli- the same meaning as when used in section the end the following new subsection: ance Initiative established by the Depart- 877A. ‘‘(f) APPLICATION.—This section shall not ment of the Treasury under Revenue Proce- ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE apply to any expatriate subject to section dure 2003–11 nor voluntarily disclosed its par- SUBJECT TO ESTATE OR GIFT TAX.—Paragraph 877A.’’. ticipation in such arrangement by notifying (1) shall not apply to any property if either— (3) Section 2501(a)(3) is amended by adding the Internal Revenue Service of such ar- ‘‘(A) the gift, bequest, devise, or inherit- at the end the following new subparagraph: rangement prior to the issue being raised by ance is— ‘‘(C) APPLICATION.—This paragraph shall the Internal Revenue Service during an ex- ‘‘(i) shown on a timely filed return of tax not apply to any expatriate subject to sec- amination. imposed by chapter 12 as a taxable gift by tion 877A.’’. (B) AUTHORITY TO WAIVE.—The Secretary of the covered expatriate, or (4) Section 6039G(a) is amended by insert- the Treasury or the Secretary’s delegate ‘‘(ii) included in the gross estate of the ing ‘‘or 877A’’ after ‘‘section 877(b)’’. may waive the application of paragraph (1) covered expatriate for purposes of chapter 11 (5) The second sentence of section 6039G(d) to any taxpayer if the Secretary or the Sec- and shown on a timely filed return of tax im- is amended by inserting ‘‘or who relinquishes retary’s delegate determines that the use of posed by chapter 11 of the estate of the cov- United States citizenship (within the mean- such offshore payment mechanisms is inci- ered expatriate, or ing of section 877A(e)(3))’’ after ‘‘section dental to the transaction and, in addition, in ‘‘(B) no such return was timely filed but no 877(a))’’. the case of a trade or business, such use is such return would have been required to be (f) CLERICAL AMENDMENT.—The table of conducted in the ordinary course of the type filed even if the covered expatriate were a sections for subpart A of part II of sub- of trade or business of the taxpayer. citizen or long-term resident of the United chapter N of chapter 1 is amended by insert- (C) ISSUES RAISED.—For purposes of sub- States.’’. ing after the item relating to section 877 the paragraph (A)(ii), an item shall be treated as (c) DEFINITION OF TERMINATION OF UNITED following new item: an issue raised during an examination if the STATES CITIZENSHIP.—Section 7701(a) is ‘‘Sec. 877A. Tax responsibilities of expatria- individual examining the return— amended by adding at the end the following tion.’’. (i) communicates to the taxpayer knowl- new paragraph: (g) EFFECTIVE DATE.— edge about the specific item, or ‘‘(49) TERMINATION OF UNITED STATES CITI- (1) IN GENERAL.—Except as provided in this (ii) has made a request to the taxpayer for ZENSHIP.— subsection, the amendments made by this information and the taxpayer could not ‘‘(A) IN GENERAL.—An individual shall not section shall apply to expatriates (within the make a complete response to that request cease to be treated as a United States citizen meaning of section 877A(e) of the Internal without giving the examiner knowledge of before the date on which the individual’s Revenue Code of 1986, as added by this sec- the specific item. citizenship is treated as relinquished under tion) whose expatriation date (as so defined) (b) APPLICABLE PENALTY.—For purposes of section 877A(e)(3). occurs on or after the date of the enactment this section, the term ‘‘applicable penalty’’ ‘‘(B) DUAL CITIZENS.—Under regulations of this Act. means any penalty, addition to tax, or fine prescribed by the Secretary, subparagraph (2) GIFTS AND BEQUESTS.—Section 102(d) of imposed under chapter 68 of the Internal (A) shall not apply to an individual who be- the Internal Revenue Code of 1986 (as added Revenue Code of 1986.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6185 (c) EFFECTIVE DATE.—The provisions of for the Armed Forces, and for other (2) FORM OF REPORTS.—Each report re- this section shall apply to interest, pen- purposes; which was ordered to lie on quired by this subsection shall be submitted alties, additions to tax, and fines with re- the table; as follows: in an unclassified form to the maximum ex- spect to any taxable year if, as of the date of tent practicable and may include a classified At the end of subtitle C of title IX, add the the enactment of this Act, the assessment of annex, if necessary. following: any tax, penalty, or interest with respect to (3) APPROPRIATE COMMITTEES OF CONGRESS SEC. 924. INCLUSION OF HOMELAND DEFENSE such taxable year is not prevented by the op- DEFINED.—In this subsection, the term ‘‘ap- AND CIVIL SUPPORT MISSIONS OF eration of any law or rule of law. THE NATIONAL GUARD AND RE- propriate committees of Congress’’ means— SEC. 4176. GRANT OF TREASURY REGULATORY SERVES IN THE QUADRENNIAL DE- (A) the Committee on Armed Services, the AUTHORITY TO ADDRESS FOREIGN FENSE REVIEW. Committee on the Judiciary, and the Select TAX CREDIT TRANSACTIONS IN- Section 118(d) of title 10, United States Committee on Intelligence of the Senate; VOLVING INAPPROPRIATE SEPARA- Code, is amended— and TION OF FOREIGN TAXES FROM RE- (B) the Committee on Armed Services, the LATED FOREIGN INCOME. (1) by redesignating paragraph (15) as para- graph (16); and Committee on the Judiciary, and the Perma- (a) IN GENERAL.—Section 901 (relating to nent Select Committee on Intelligence of the taxes of foreign countries and of possessions (2) by inserting after paragraph (14) the fol- House of Representatives. of United States) is amended by redesig- lowing new paragraph (15): ‘‘(15) The homeland defense mission and (c) Nothing in this section shall be con- nating subsection (m) as subsection (n) and strued in any way as authorizing or permit- by inserting after subsection (l) the fol- civil support missions of the active and re- serve components of the armed forces, in- ting: lowing new subsection: (1) military commissions presently con- ‘‘(m) REGULATIONS.—The Secretary may cluding the organization and capabilities re- stituted under the November 13, 2001 Order of prescribe regulations disallowing a credit quired for the active and reserve components the President; or under subsection (a) for all or a portion of to discharge each such mission.’’. (2) the detention of individuals had at any foreign tax, or allocating a foreign tax Guantanamo Bay, Cuba. among 2 or more persons, in cases where the SA 4378. Mr. BINGAMAN submitted foreign tax is imposed on any person in re- an amendment intended to be proposed by him to the bill S. 2766, to authorize SA 4379. Mrs. MURRAY submitted an spect of income of another person or in other amendment intended to be proposed by cases involving the inappropriate separation appropriations for fiscal year 2007 for of the foreign tax from the related foreign military activities of the Department her to the bill S. 2766, to authorize ap- income.’’. of Defense, for military construction, propriations for fiscal year 2007 for (b) EFFECTIVE DATE.—The amendments and for defense activities of the De- military activities of the Department made by this section shall apply to trans- partment of Energy, to prescribe per- of Defense, for military construction, actions entered into after the date of the en- sonnel strengths for such fiscal year and for defense activities of the De- actment of this Act. partment of Energy, to prescribe per- SEC. 4177. TREATMENT OF CONTINGENT PAY- for the Armed Forces, and for other purposes; which was ordered to lie on sonnel strengths for such fiscal year MENT CONVERTIBLE DEBT INSTRU- for the Armed Forces, and for other MENTS. the table; as follows: purposes; which was ordered to lie on (a) IN GENERAL.—Section 1275(d) (relating At the appropriate place, insert the fol- to regulation authority) is amended— lowing: the table; as follows: (1) by striking ‘‘The Secretary’’ and insert- SEC. ll. REQUIREMENTS FOR CONTINUED DE- At the end of subtitle D of title V, add the ing the following: TENTION OR RELEASE OF INDIVID- following: ‘‘(1) IN GENERAL.—The Secretary’’, and UALS HELD AT GUANTANAMO BAY, SEC. 569. IMPROVEMENTS TO EDUCATIONAL AS- (2) by adding at the end the following new CUBA. SISTANCE FOR MEMBERS OF THE paragraph: (a) IN GENERAL.—Except as provided in SELECTED RESERVE. ‘‘(2) TREATMENT OF CONTINGENT PAYMENT subsection (b), not later than 180 days after (a) INCREASE IN AMOUNT.— CONVERTIBLE DEBT.— the date of the enactment of this Act, an (1) IN GENERAL.—Section 16131(b)(1) of title ‘‘(A) IN GENERAL.—In the case of a debt in- alien who is detained by the Secretary of De- 10, United States Code, is amended— strument which— fense at Guantanamo Bay, Cuba shall be— (A) in subparagraph (A), by striking ‘‘$251’’ ‘‘(i) is convertible into stock of the issuing (1) charged with a crime in a civilian or and inserting ‘‘$362’’; corporation, into stock or debt of a related military court; (B) in subparagraph (B), by striking ‘‘$188’’ party (within the meaning of section 267(b) (2) repatriated to such alien’s country of and inserting ‘‘$272’’; and or 707(b)(1)), or into cash or other property in origin, unless there are substantial grounds (C) in subparagraph (C), by striking ‘‘$125’’ an amount equal to the approximate value of to believe that the alien would be in danger and inserting ‘‘$181’’. such stock or debt, and of being subjected to torture in such coun- (2) EFFECTIVE DATE.—The amendments ‘‘(ii) provides for contingent payments, try; or made by paragraph (1) shall take effect on any regulations which require original issue (3) released to a country other than the October 1, 2006, and shall apply with respect discount to be determined by reference to alien’s country of origin. to educational assistance payable under the comparable yield of a noncontingent (b) REPORTING REGARDING FAILURE TO chapter 1606 of title 10, United States Code, fixed rate debt instrument shall be applied as CHANGE OR RELEASE.— for months beginning on or after that date. requiring that such comparable yield be de- (1) IN GENERAL.—With respect to any alien (3) PROHIBITION ON ADJUSTMENT FOR FISCAL termined by reference to a noncontingent described in subsection (a) who is not YEAR 2007.—The adjustment required by sec- fixed rate debt instrument which is convert- charged, repatriated, or released within 180 tion 16131(b)(2) of title 10, United States ible into stock. days after the date of the enactment of this Code, for fiscal year 2007 shall not be made. ‘‘(B) SPECIAL RULE.—For purposes of sub- Act, the Secretary of Defense shall at that (b) DETERMINATION OF RATE OF ASSISTANCE paragraph (A), the comparable yield shall be time, and every 180 days thereafter, submit FOR MEMBERS SUPPORTING CONTINGENCY AND determined without taking into account the to the appropriate committees of Congress a OTHER OPERATIONS.— yield resulting from the conversion of a debt detailed report for each such alien that in- (1) IN GENERAL.—Section 16162(c)(4) of title instrument into stock.’’. cludes the following: 10, United States Code, is amended— (b) CROSS REFERENCE.—Section 163(e)(6) (A) The name and nationality of each alien (A) in subparagraph (A), by striking ‘‘but (relating to cross references) is amended by being detained by the Secretary of Defense less than one continuous year’’ and inserting adding at the end the following: at Guantanamo Bay, Cuba. ‘‘but less in aggregate than one year’’; ‘‘For the treatment of contingent payment (B) With respect to each alien— (B) in subparagraph (B), by striking ‘‘for convertible debt, see section 1275(d)(2).’’. (i) a detailed statement of why the alien one continuous year but less than two con- (c) EFFECTIVE DATE.—The amendments has not been charged, repatriated, or re- tinuous years’’ and inserting ‘‘for more in made by this section shall apply to debt in- leased; aggregate than one year but less in aggre- struments issued on or after the date of the (ii) a statement of when the United States gate than two years’’; and enactment of this Act. Government intends to charge, repatriate, or (C) in subparagraph (C), by striking ‘‘for release the alien; two continuous years or more’’ and inserting SA 4377. Mrs. HUTCHISON submitted (iii) a description of the procedures to be ‘‘in aggregate for two years or more’’. an amendment intended to be proposed employed by the United States Government (2) EFFECTIVE DATE.—The amendments by her to the bill S. 2766, to authorize to determine whether to charge, repatriate, made by paragraph (1) shall take effect on appropriations for fiscal year 2007 for or release the alien and a schedule for the October 1, 2006, and shall apply with respect to educational assistance payable under military activities of the Department employment of such procedures; and (iv) if the Secretary of Defense has trans- chapter 1607 of title 10, United States Code, of Defense, for military construction, ferred or has plans to transfer the alien from for months beginning on or after that date. and for defense activities of the De- the custody of the Secretary to another partment of Energy, to prescribe per- agency or department of the United States, a SA 4380. Mrs. MURRAY submitted an sonnel strengths for such fiscal year description of such transfer. amendment intended to be proposed by

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE S6186 CONGRESSIONAL RECORD — SENATE June 20, 2006 him to the bill S. 2766, to authorize ap- Because of the limited time available mittee on Agriculture, Nutrition, and propriations for fiscal year 2007 for for the hearing, witnesses may testify Forestry be authorized to conduct a military activities of the Department by invitation only. However, those hearing during the session of the Sen- of Defense, for military construction, wishing to submit written testimony ate on Tuesday June 20, 2006, at 10:30 and for defense activities of the De- for the hearing record should send two a.m. in 328a, Senate Russell Office partment of Energy, to prescribe per- copies of their testimony to the Com- Building. The purpose of this com- sonnel strengths for such fiscal year mittee on Energy and Natural Re- mittee hearing will be to examine the for the Armed Forces, and for other sources, United States Senate, Wash- Rural Development Programs of the purposes; which was ordered to lie on ington, DC 20510–6150. United States Department of Agri- the table; as follows: For further information, please con- culture. At the end of subtitle F of title V, add the tact Dick Bouts at 202–224–7545 or Sara The PRESIDING OFFICER. Without following: Zecher at 202–224–8276. objection, it is so ordered. SEC. 587. AGREEMENTS ON THE PROVISION OF SUBCOMMITTEE ON WATER AND POWER COMMITTEE ON BANKING, HOUSING, AND URBAN SERVICES TO MEMBERS OF THE Ms. MURKOWSKI. Mr. President, I AFFAIRS ARMED FORCES MAKING THE TRAN- SITION TO CIVILIAN LIFE. would like to announce for the infor- Mr. WARNER. Mr. President, I ask (a) AGREEMENTS REQUIRED.—The Secretary mation of the Senate and the public unanimous consent that the Com- of Defense shall seek to enter into memo- that a hearing has been scheduled be- mittee on Banking, Housing, and randa of understanding, agreements, or other fore the Subcommittee on Water and Urban Affairs be authorized to meet appropriate arrangements with the entities Power of the Committee on Energy and during the session of the Senate on and organizations referred to in subsection Natural Resources. June 20, 2006, at 10 a.m. to conduct a (b) in order to coordinate the provision of The hearing will be held on Wednes- hearing on ‘‘the reauthorization of the services to members of the Armed Forces day, June 28, 2006 at 2:30 p.m., in room export-import bank.’’ making the transition to civilian life, in- The PRESIDING OFFICER. Without cluding members of the Armed Forces being SD–366 of the Dirksen Senate Office separated, discharged, or released from the Building. objection, it is so ordered. Armed Forces and members of the National The purpose of the hearing is to re- COMMITTEE ON BANKING, HOUSING, AND URBAN Guard and Reserve returning to civilian life ceive testimony on S. 1812, to amend AFFAIRS after deployment on active duty in the the Reclamation Projects Authoriza- Mr. WARNER. Mr. President, I ask Armed Forces. tion and Adjustment Act of 1992 to pro- unanimous consent that the Com- (b) ENTITIES AND ORGANIZATIONS.—The en- vide for the conjunctive use of surface mittee on Banking, Housing, and tities and organizations referred to in this and ground water in Juab County, Urban Affairs be authorized to meet section are the following: during the session the Senate on June (1) Elements of the Department of Defense Utah; S. 1965, to authorize the Sec- responsible for providing services described retary of the Interior to convey certain 20, 2006, at 2:30 p.m., to conduct a hear- in subsection (a). buildings and lands of the Yakima ing on ‘‘FHA: Issues for the Future.’’ (2) Elements of the Department of Vet- Project, Washington, to the Yakima- The PRESIDING OFFICER. Without erans Affairs responsible for providing such Tieton Irrigation District; S. 2129, to objection, it is so ordered. services. authorize the Secretary of the Interior COMMITTEE ON HOMELAND SECURITY AND (3) Elements of the Department of Labor to convey certain land and improve- GOVERNMENTAL AFFAIRS responsible for providing such services. ments of the Gooding Division of the Mr. WARNER. Mr. President, I ask (4) Elements of other departments and unanimous consent that the Com- agencies of the Federal Government respon- Minidoka Project, Idaho; S. 2470, to au- sible for providing such services. thorize early repayment of obligations mittee on Homeland Security and Gov- (5) Appropriate State agencies, including to the Bureau of Reclamation within ernmental Affairs be authorized to veterans agencies, employment services the A&B Irrigation District in the meet on Tuesday, June 20, 2006, at 10 agencies, and other agencies. State of Idaho; S. 2502, to provide for a.m., to consider the nomination of (6) Veterans service organizations. the modification of an amendatory re- Paul A. Denett to be Administrator for (7) Any other public or private entities or payment contract between the Sec- Federal Procurement Policy, Office of organizations that provide such services as retary of the Interior and the North Management and Budget. the Secretary considers appropriate for pur- Unit Irrigation District, and for other The PRESIDING OFFICER. Without poses of this section. objection, it is so ordered. (c) ELEMENTS.—The memoranda of under- purposes; S. 3404, to bill to reauthorize standing, agreements, and arrangements en- the Mni Wiconi Rural Water Supply COMMITTEE ON THE JUDICIARY tered into under subsection (a) shall seek Project; H.R. 2383, to redesignate the Mr. WARNER. Mr. President, I ask to— facility of the Bureau of Reclamation unanimous consent that the Senate (1) establish and define requirements and located at 19550 Kelso Road in Byron, Committee on the Judiciary be author- responsibilities for the provision of services California, as the ‘‘C.W. ‘Bill’ Jones ized to meet to conduct a hearing on described in subsection (a); Pumping Plant’’; and H.R. 4204, to di- ‘‘The McCarran-Ferguson Act: Implica- (2) coordinate, facilitate, and enhance the tions of Repealing the Insurers’ Anti- provision of such services; and rect the Secretary of the Interior to (3) establish and define short-term and transfer ownership of the American trust Exemption’’ on Tuesday, June 20, long-term goals and plans for the provision River Pump Station Project, and for 2006, at 9:30 a.m., in Dirksen Senate Of- of such services. other purposes. fice Building, room 226. f Because of the limited time available Witness list for the hearing, witnesses may testify NOTICES OF HEARINGS by invitation only. However, those Panel I: Hon. Marc Racicot, Former COMMITTEE ON ENERGY AND NATURAL wishing to submit written testimony Governor of Montana, President, Amer- RESOURCES for the hearing record should send two ican Insurance Institute, Washington, Mr. DOMENICI. Mr. President, I copies of their testimony to the Com- DC; Elinor R. Hoffman, Assistant At- would like to announce for the infor- mittee on Energy and Natural Re- torney General, Antitrust Bureau, Of- mation of the Senate and the public sources, United States Senate, Wash- fice of the Attorney General for the that a hearing has been scheduled be- ington, DC 20510–6150. State of New York, New York, NY; Mi- fore the Committee on Energy and Nat- For further information, please con- chael McRaith, Illinois Director of In- ural Resources. tact Nate Gentry at 202–224–2179 or surance, Chair, Broker Activities Task The hearing will be held on Tuesday, Steve Waskiewicz at 202–228–6195. Force, National Association of Insur- ance Commissioners, Chicago, IL; Bob June 27, 2006, at 10 a.m., in room SD–366 f of the Dirksen Senate Office Building. Hunter, Insurance Director, Consumer The purpose of the hearing is to re- AUTHORITY FOR COMMITTEES TO Federation of American, Washington, ceive testimony relating to implemen- MEET DC; Kevin Thompson, Senior Vice tation of the Energy Policy Act provi- COMMITTEE ON AGRICULTURE, NUTRITION, AND President, Insurance Services Office, sions on enhancing oil and gas produc- FORESTRY Jersey City, NJ; Donald C. Klawiter, tion on Federal lands in the Rocky Mr. WARNER. Mr. President, I ask Chair, Section of Antitrust Law, Amer- Mountain Region. unanimous consent that the Com- ican Bar Association, Washington, DC.

VerDate Aug 31 2005 05:27 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S20JN6.REC S20JN6 mmaher on PROD1PC69 with CONG-REC-ONLINE June 20, 2006 CONGRESSIONAL RECORD — SENATE S6187 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without CCW Protocol V. CCW Protocol V, objection, it is so ordered. objection, it is so ordered. which was adopted at Geneva on No- SELECT COMMITTEE ON INTELLIGENCE f vember 28, 2003, addresses the post-con- flict threat generated by conventional Mr. WARNER. Mr. President, I ask REMOVAL OF INJUNCTION OF SE- munitions such as mortar shells, gre- unanimous consent that the Select CRECY—TREATY DOCUMENT NO. nades, artillery rounds, and bombs that Committee on Intelligence be author- 109–10 ized to meet during the session of the do not explode as intended or that are Senate on June 20, 2006, at 2:30 p.m. to Mr. SESSIONS. Mr. President, as in abandoned. CCW Protocol V provides hold a closed business meeting. executive session, I ask unanimous for the marking, clearance, removal, The PRESIDING OFFICER. Without consent that the injunction of secrecy and destruction of such remnants by objection, it is so ordered. be removed from the following treaty the party in control of the territory in transmitted to the Senate on June 20, SUBCOMMITTEE ON FEDERAL FINANCE MANAGE- which the munitions are located. 2006, by the President of the United MENT, GOVERNMENT INFORMATION, AND Conclusion. I urge the Senate to give States: INTERNATIONAL SECURITY prompt and favorable consideration to Protocol III to 1949 Geneva Conven- Mr. WARNER. Mr. President, I ask each of these instruments and to give tion and an Amendment and Protocol unanimous consent that the Com- its advice and consent to their ratifica- to 1980 Conventional Weapons Conven- mittee on Homeland Security and Gov- tion. These treaties are in the interest tion (Treaty Document No. 109–10). ernmental Affairs’ Subcommittee on I further ask that the treaty be con- of the United States, and their ratifica- Federal Financial Management, Gov- sidered as having been read the first tion would advance the longstanding ernment Information, and Inter- time; that it be referred, with accom- and historic leadership of the United national Security be authorized to panying papers, to the Committee on States in the law of armed conflict. meet on Tuesday, June 20, 2006, at 2:30 Foreign Relations and ordered to be GEORGE W. BUSH. p.m. for a field hearing regarding ‘‘U.N. printed; and that the President’s mes- THE WHITE HOUSE, June 19, 2006. Headquarters Renovation: No Account- sage be printed in the RECORD. f ability Without Transparency.’’ The PRESIDING OFFICER. Without COMMENDING THE CAROLINA The PRESIDING OFFICER. Without objection, it is so ordered. HURRICANES objection, it is so ordered. The message of the President is as SUBCOMMITTEE ON NATIONAL PARKS follows: Mr. SESSIONS. Mr. President, I ask Mr. WARNER. Mr. President, I ask To the Senate of the United States: unanimous consent that the Senate unanimous consent that the Sub- With a view to receiving the advice now proceed to the consideration of S. committee on National Parks of the and consent of the Senate to ratifica- Res. 517 which was submitted earlier Committee on Energy and Natural Re- tion, I transmit herewith: the Protocol today. sources be authorized to meet during Additional to the Geneva Conventions The PRESIDING OFFICER. The the session of the Senate on Tuesday, of 12 August 1949, and relating to the clerk will report the resolution by June 20, 2006, at 2:30 p.m. Adoption of an Additional Distinctive title. The purpose of the hearing is to re- Emblem (the ‘‘Geneva Protocol III’’), The legislative clerk read as follows: ceive testimony on the National Park adopted at Geneva on December 8, 2005, A resolution (S. Res. 517) commending the Service’s revised Draft Management and signed by the United States on Carolina Hurricanes for winning the 2006 Na- Policies, including potential impact of that date; the Amendment to Article 1 tional Hockey League Stanley Cup. the Policies on Park Operations, Park of the Convention on Prohibitions or There being no objection, the Senate Resources, Wilderness Areas, Recre- Restrictions on the Use of Certain Con- proceeded to consider the resolution. ation, and Interaction with Gateway ventional Weapons Which May be Mr. SESSIONS. Mr. President, I ask Communities. Deemed to be Excessively Injurious or unanimous consent that the resolution The PRESIDING OFFICER. Without to Have Indiscriminate Effects (the be agreed to, the preamble be agreed objection, it is so ordered. ‘‘CCW Amendment’’); and the CCW Pro- to, and the motion to reconsider be laid f tocol on Explosive Remnants of War upon the table. (the ‘‘CCW Protocol V’’). I transmit, PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Without for the information of the Senate, the objection, it is so ordered. Mr. HARKIN. Mr. President, I ask report of the Department of State con- The resolution (S. Res. 517) was unanimous consent that Joel Rubin of cerning these treaties. agreed to. my staff be granted the privilege of the Geneva Protocol III. Geneva Protocol The preamble was agreed to. floor for the duration of the consider- III creates a new distinctive emblem, a The resolution, with its preamble, ation of S. 2766, the Defense authoriza- Red Crystal, in addition to and for the reads as follows: tion legislation. same purposes as the Red Cross and the S. RES. 517 The PRESIDING OFFICER. Without Red Crescent emblems. The Red Crys- objection, it is so ordered. Whereas on June 19, 2006, the Carolina Hur- tal is a neutral emblem that can be em- ricanes toppled the Edmonton Oilers in one Mr. LEVIN. Mr. President, I ask ployed by governments and national of the most exciting National Hockey unanimous consent that Sharon Hud- societies that face challenges using the League (NHL) Finals in history by a score of son-Dean, a fellow in the office of Sen- existing emblems. In addition, Geneva 3-1 in the seventh and final game; ator BILL NELSON of Florida, be grant- Protocol III will pave the way for Whereas this is the first Stanley Cup for ed the privilege of the floor during the Magen David Adorn, Israel’s national the Carolina Hurricanes; Senate’s consideration of the fiscal society, to achieve membership in the Whereas the Hurricanes are the first pro- year 2007 Defense authorization bill. International Red Cross and Red Cres- fessional sports team in North Carolina his- The PRESIDING OFFICER. Without cent Movement. Legislation imple- tory to win a major sports championship; objection, it is so ordered. Whereas the Hurricanes finished at the top menting Geneva Protocol III will be of the Southeast Division of the Eastern Mr. HARKIN. Mr. President, I ask submitted to the Congress separately. Conference during the regular season with a unanimous consent that Zachary CCW amendment. The amendment to record of 52-22-8; Schechter-Steinberg of my staff be Article 1 of the CCW, which was adopt- Whereas the Hurricanes rallied from a 2- granted floor privileges during the du- ed at Geneva on December 21, 2001, game deficit, winning 4 consecutive games to ration of today’s session. eliminates the distinction between defeat the Montreal Canadians in the first The PRESIDING OFFICER. Without international and non-international round of the playoffs; objection, it is so ordered. armed conflict for the purposes of the Whereas the Hurricanes rolled over the Mr. SESSIONS. Mr. President, I ask rules governing the prohibitions and New Jersey Devils in the second round of the unanimous consent that John Rowe, a playoffs, winning the series in only 5 games; restrictions on the use of certain con- Whereas the Hurricanes showed their de- legislative intern in Senator GRASS- ventional weapons. It does not change sire to win a championship by defeating the LEY’s office, have floor privileges from the legal status of rebel or insurgent Buffalo Sabres in the seventh game of the now until the Senate adjourns at the groups into that of protected or privi- Eastern Conference Finals to advance to the end of the week. leged belligerents. Stanley Cup Finals;

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I ask unanimous con- knowledge can be used to promote under- Finals the Hurricanes became only the sixth sent that the resolution be agreed to, standing and to counter racism, fear, and vi- team in NHL Finals history to overcome a 3- the preamble be agreed to, the motions olence; goal deficit to win; to reconsider be laid upon the table, Whereas the Museum also documents the Whereas Cam Ward became the first rookie history of the African-American experience goaltender to win a Stanley Cup in 20 years, and that any statements relating from slavery to the civil rights movement to and with 22 saves in Game 7, was named the thereto be printed in the RECORD. the present day; and MVP of the playoffs, becoming the fourth The PRESIDING OFFICER. Without Whereas the Museum exists to educate the rookie and second-youngest player to be objection, it is so ordered. public about injustices suffered by people of awarded the Conn Smythe Trophy; The resolution (S. Res. 518) was African-American heritage, and to provide Whereas Hurricanes head coach Peter agreed to. visitors with an opportunity to rethink as- Laviolette won his first Stanley Cup in his The preamble was agreed to. sumptions about race and racism: Now, first full season at the helm of the team; The resolution, with its preamble, therefore, be it Whereas defensemen Aaron Ward and reads as follows: Resolved, That the Senate honors and cele- Frantisek Kaberle scored goals during the S. RES. 518 brates the life and accomplishments of first period in Game 7 to put the Hurricanes James Cameron and expresses condolences at up 2-0; Whereas James Cameron founded Amer- his passing. Whereas with the team only 1 goal ahead, ica’s Black Holocaust Museum (the Museum) f Justin Williams sealed the 3-1 victory with in Milwaukee, Wisconsin, the only memorial an empty net goal in the final minute of the in the United States to victims of lynching and racial violence; ORDERS FOR WEDNESDAY, JUNE game; 21, 2006 Whereas a sold-out crowd of 18,978 at the Whereas Mr. Cameron was the last living RBC Center in Raleigh, North Carolina cele- survivor of a lynching until his death on Mr. SESSIONS. Mr. President, on be- brated as the final horn sounded, announcing June 11, 2006, at age 92; half of the majority leader, I ask unan- the Hurricanes’ championship; Whereas a Senate resolution recognized Mr. Cameron as the Nation’s oldest living imous consent that when the Senate Whereas the Hurricanes veteran captain completes its business today, it stand Rod Brind’Amour, who demonstrated great lynching victim in June 2005 and formally apologized for its failure to outlaw lynching, in adjournment until 9:30 a.m. on leadership throughout the entire season, won Wednesday, June 21. I further ask that his first Stanley Cup and was the first to ac- which killed more than 4,700 people from 1882 cept the Cup from NHL commissioner Gary to 1968, three-fourths of whom were black; following the prayer and the pledge, Bettman by hoisting the historic trophy over Whereas seven United States Presidents the morning hour be deemed to have his head in victory; called for lynching to be outlawed, and the expired, the Journal of the proceedings Whereas assistant captain Glen Wesley, House of Representatives passed bans three be approved to date, the time for the who has played in more playoff games than times in the early twentieth century, only to have the Senate filibuster each of them, one two leaders be reserved, and the Senate any other active NHL player, won his first resume consideration of S. 2766, the De- Stanley Cup at age 37; filibuster lasting six weeks; Whereas in Marion, Indiana in 1930, when fense authorization bill, as under the Whereas 21-year-old Eric Staal became the previous order. youngest player to lead the playoffs in scor- he was 16 years old, Mr. Cameron and two ing since Gordie Howe in 1949; friends, Abe Smith (age 19) and Tommy The PRESIDING OFFICER. Without Whereas hockey now joins college basket- Shipp (age 18), were falsely accused of killing objection, it is so ordered. a Caucasian man and raping his girlfriend; ball and NASCAR as the favorite pastimes of f North Carolina; Whereas after the arrest of the three men, Whereas each player from the Hurricanes a mob broke into the jail where they were PROGRAM championship team will have his name for- being held and tried to lynch them; ever etched on the Stanley Cup; and Whereas the mob lynched Mr. Smith and Mr. SESSIONS. Mr. President, to- Whereas North Carolina will be home to Mr. Shipp but spared Mr. Cameron’s life; morrow the Senate will resume consid- the Stanley Cup for at least the next year: Whereas Mr. Cameron was beaten into eration of the Defense authorization Now, therefore, be it signing a false confession, convicted in 1931, bill. Under an agreement that was Resolved, That the Senate— and paroled in 1935; reached earlier, we will continue to de- Whereas the governor of Indiana pardoned (1) applauds the Carolina Hurricanes for bate minimum wage for an hour and a winning the 2006 Stanley Cup; Mr. Cameron in 1993 and apologized to him; Whereas Mr. Cameron promoted civil and half and then have votes on the Ken- (2) recognizes the achievements of the nedy and Enzi amendments at approxi- players, head coach Peter Laviolette, the as- social justice issues and founded three sistant coaches, and the support staff who all NAACP chapters in Indiana during the 1940s; mately 11 a.m. Following the votes, played critical roles in leading the Hurri- Whereas James Cameron served as the In- Senator LEVIN will be recognized to canes to the championship; and diana State Director of Civil Liberties from offer his amendment regarding Iraq, (3) respectfully requests the Secretary of 1942 to 1950, and he investigated over 25 cases with 5 hours of debate, to be followed involving civil rights violations; the Senate to transmit an enrolled copy of by Senator KERRY offering an amend- this resolution to Hurricanes owner Peter Whereas Mr. Cameron relocated to Wis- consin after receiving many death threats, ment regarding Iraq. Karmanos, Jr. and head coach Peter This evening, cloture was filed on the Laviolette for appropriate display. but he continued civil rights work and played a role in protests to end segregated bill. The filing deadline for first-degree f housing in Milwaukee; amendments is 1 p.m. tomorrow. Sen- Whereas in 1983, Mr. Cameron published A ators can expect the cloture vote to HONORING JAMES CAMERON Time of Terror, his autobiographical account occur on Thursday morning. of the events surrounding his arrest in 1930; Mr. SESSIONS. I ask unanimous con- f sent that the Senate proceed to the im- Whereas Mr. Cameron founded America’s Black Holocaust Museum in 1988 in order to ADJOURNMENT UNTIL 9:30 A.M. mediate consideration of S. Res. 518 preserve the history of lynching in the submitted earlier today. United States and to recognize the struggle TOMORROW The PRESIDING OFFICER. The of African-American people for equality; Mr. SESSIONS. Mr. President, if clerk will report the resolution by Whereas the Museum contains the Nation’s there is no further business to come be- title. foremost collection of lynching images, both fore the Senate, I ask unanimous con- The legislative clerk read as follows: photographs and postcards, documenting the sent that the Senate stand in adjourn- heinous practice of lynching in the United A resolution (S. Res. 518) honoring the life States; ment under the previous order. and accomplishments of James Cameron. Whereas the Museum performs a critical There being no objection, the Senate, There being no objection, the Senate role by exposing this painful, dark, and ugly at 8:09 p.m., adjourned until Wednes- proceeded to consider the resolution. practice in the Nation’s history, so that day, June 21, 2006, at 9:30 a.m.

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IN TRIBUTE TO CORPORAL SHEILA drug-addiction prevention programs, teenage Rock, TX, for his retirement after 50 years in C. MIDDLETON pregnancy prevention programs, and low-in- the community banking profession. Achieving come housing programs. 50 years in the community banking profession HON. DONNA M. CHRISTENSEN Mr. Anand is a much sought-after consultant is a rare honor and Dale should be com- because he is very familiar with federal, state OF THE VIRGIN ISLANDS mended for having reached this milestone. On and city rules and regulations for funding June 25, 2006, Dale will retire with grateful ac- IN THE HOUSE OF REPRESENTATIVES agency financial reporting procedures. He has knowledgment from his communities, cus- Tuesday, June 20, 2006 conducted certified audits including A–133, re- tomers, and friends. He leaves behind a leg- Mrs. CHRISTENSEN. Mr. Speaker, I rise to viewed and prepared financial statements in- acy of tireless service, active community par- pay tribute to one of our Virgin Islands’ hero- cluding cash flow analysis and other related ticipation, and positive impact on local econo- ines—Corporal Sheila Christina Middleton. statements for various non-profit government mies. Born in Far Rockaway, Queens, she moved funded organizations. As community banks are merged and ac- with her family to St. Croix, U.S. Virgin Islands A full service accounting professional, Mr. quired at a rapid rate, it is important to note in 1996. Anand has established internal control sys- that there are still bankers who participate fully After graduating the Virgin Islands Police tems including budgetary controls, structural in their communities and strengthen those Academy in 1981 she served the department polices and procedures with respect to the communities by their dedication to service and as a patrol officer for 9 years. That was before cycle of the entity’s activities (external financial goodwill; Dale Alley is such a banker. Commu- she found her true calling—working with the reporting), financial statement captions (cash nity bankers fuel the engine of small busi- children and youth of the Virgin Islands. and cash equivalents, receivables, payables nesses and literally built Texas communities Sheila understood and loved our children, and accrued liabilities), accompanying sys- from the ground up. Dale Alley leaves a dy- and they loved and respected her in return. tems (cash receipts, disbursements, payroll namic blueprint and a commendable legacy Her emphasis in criminal justice was preven- and general ledger) and inventory controls. for those assuming his positions at Union tion, and she knew that effort had to begin as Additionally, Mr. Anand has provided financial State Bank and the other institutions where he early in their lives as possible. and administrative management to the real es- has served. In 1956, a young man nervous with anticipa- She was the D.A.R.E. coordinator for the tate industry; his service to the industry in- tion walked into First State Bank in Denton, territory. She taught the children about the cluded purchase and sales of apartment build- TX, for his first day of employment. He wasn’t negative effects of drugs and alcohol on their ings (residential and commercial), multiple sure where this initial job might take him, but bodies and their lives. She counted among her dwellings, condominiums, and single-family he knew that he wanted to be involved in the greatest rewards the smiles on their faces, residences. banking industry. Now, 50 years later, that after they had completed their courses and In 1968, Mr. Anand graduated with a Bach- same man is putting the finishing touches on marched to receive their certificates at the an- elor of Arts degree in Accounting from Delhi University in India. In 1971, he received Pro- a brilliant career in community banking. nual D.A.R.E. graduations. Dale began his employment with First State Her passion for this work emanated from fessional Accounting and Auditing Training (equivalent P.A.) from the Institute of Char- Bank in Denton, TX, in 1956. During the next her deep religious faith. She was a devout two decades, he worked both as an adminis- member of Speak the Word Ministries from tered Accountants of India. In 1973, he com- pleted an IBM System 360—Programming, trative assistant in the Texas State Banking whose congregation and worship she also re- Department and an executive vice president newed her strength and received guidance. System Design and Analysis Internship Pro- gram at New York University and in the same and loan officer with Farmers State Bank in They and her family were her ‘‘rock.’’ Round Rock. Over the course of his distin- Mr. Speaker and colleagues, I had the privi- year he completed an M.B.A.–C.P.A. Program at Long Island University in New York. In guished career, Dale served as president and lege of working with Corporal Middleton. She board chairman of the Hutto State Bank, 1984, Mr. Anand became a New York State was as fine an officer and human being as which he opened in 1986. As president and Licensed Real Estate Broker and Notary Pub- you would ever want to know. board chairman, he achieved his ultimate goal She left us early, but she gave much during lic. Mr. Anand is a member of several profes- of becoming the chief managing officer. her relatively short life. We are grateful for her After the sale of that bank, Dale was ap- sional organizations including: Association of life and service to the Virgin Islands commu- proached by B.M. Beck, president and chair- MBA Executives; National Association of Ac- nity. Our children and our entire community man of Union State Bank, in regards to open- countants; National Society of Public Account- call her blessed. ing a Union State Bank Branch in Round ants; National Society of Tax Professionals; f Rock. Dale accepted the offer and operated a and the American Institute of Professional service-oriented and profitable banking A TRIBUTE TO SUNIL ANAND Bookkeepers. branch. In 2003, Dale accepted the position of Mr. Speaker, I believe that it is incumbent executive vice president and chief lending offi- on this body to recognize the accomplish- HON. EDOLPHUS TOWNS cer for all five Union State Bank locations in ments of Sunil Anand as he offers his talents OF NEW YORK Central Texas. Over the course of his career, and philanthropic services for the betterment Dale consistently emphasized the importance IN THE HOUSE OF REPRESENTATIVES of our local community. Tuesday, June 20, 2006 Mr. Speaker, Sunil Anand’s selfless service of customer service and making his clients has continuously demonstrated a level of altru- feel appreciated. Mr. TOWNS. Mr. Speaker, I rise today in Dale’s career path has been filled with suc- istic dedication that makes him most worthy of recognition of Sunil Anand, a distinguished cess, but he would tell you his proudest ac- our recognition today. member of the business community. It be- complishments come from the impact he has hooves us to pay tribute to this outstanding f made on his community. In fact, Dale recently leader and I hope my colleagues will join me BANKER ALLEY TO RETIRE AFTER wrote, ‘‘My favorite part of working in the in recognizing his impressive accomplish- 50 YEARS OF SERVICE banking industry for 50 years has been the ments. satisfaction gained from being a community A native of India, Sunil Anand is a success- HON. JOHN R. CARTER banker and experiencing the economic growth ful Certified Public Accountant and entre- OF TEXAS and vitality resulting from the bank’s activi- preneur performing specialty services to the IN THE HOUSE OF REPRESENTATIVES ties.’’ The efforts of Dale and his fellow com- non-profit sector. He has consulted for numer- munity bankers are essential to the success of ous Headstart and day care centers, senior Tuesday, June 20, 2006 communities throughout America. citizen programs, mental health programs, Mr. CARTER. Mr. Speaker, I wish to con- Small businesses come to community banks homeless prevention programs, AIDS and gratulate Mr. Dale Alley of Hutto and Round for financial help because they know and trust

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

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.001 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS E1208 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2006 the banker they are working with. In turn, com- had visited Arlington at the age of 12 and in local elections and served as the guardian munity banks realize their success revolves dreamed of somehow honoring fallen soldiers. of good government in the particular interest around the overall growth of the community. Each year since 1993, Mr. Worcester has of the people of the north side of the island. It’s a reciprocal relationship in which the small brought trucks holding over 5,000 Christmas On March 9, 1973, the Tenth Legislature of business and the community bank depend on wreaths to Arlington and has joined with hun- the Virgin Islands approved Resolution 3395 each other for future growth; neither can be dreds of volunteers from all walks of military which renamed the Robert Herrick Elementary successful without the other. Independent and civilian life in placing the wreaths on the School the Joseph Sibilly Elementary School Community Bankers of America, ICBA, Chair- headstones. The wreathlaying event continues in honor of his great community spirit, gen- man Terry Jorde explained the relationship to be one that carries a great message of erous donations, and good deeds. well when he said, ‘‘Each of our nearly 5,000 thanks and gratitude to those who gave their A devout Roman Catholic, his religious be- bank members is a shining example of how lives as well as a reminder to their families liefs were reflected in his daily life. In recogni- community banks are still joined at the hip to during the holidays that they will never be for- tion of his humanitarian spirit, The Virgin Is- our communities.’’ gotten. lands Daily News on his passing wrote, ‘‘Jo- In addition to his many work contributions Mr. Speaker, on behalf of the U.S. Con- seph Sibilly was in a sense an Old Testament and other honors, Dale was responsible for gress, I would like to offer my sincere thanks man, a patriarch with vision and strength and establishing the Hutto Chamber of Commerce to a man who truly understands the nature of generosity. He left for all of us a valuable leg- and also served on the Hutto School Board for giving and works to continually commemorate acy, the knowledge that ultimately a man many years. Having had the opportunity to wit- the giving of the ultimate sacrifice—life—in serves himself best when he serves others’’. ness firsthand his contributions to the Hutto order to achieve freedom. Jean Joseph Sibilly’s generosity, consid- and Round Rock communities, I am certain f erateness, wisdom, foresight, pride in and love his impact will continue to be felt after his re- for his fellow man deserve our recognition tirement. IN HONOR OF JEAN JOSEPH honor today. SIBILLY 1889–1997 Mr. Speaker, on behalf of myself, my con- f stituents, Union State Bank, and the commu- nities of Round Rock, Hutto, Georgetown, HON. DONNA M. CHRISTENSEN A TRIBUTE TO SANG SU YI Florence, Liberty Hill, and Killeen, I would like OF VIRGIN ISLANDS to thank Dale for 50 years of distinguished IN THE HOUSE OF REPRESENTATIVES HON. EDOLPHUS TOWNS service to the banking industry and the com- Tuesday, June 20, 2006 OF NEW YORK munities throughout Central Texas. Although IN THE HOUSE OF REPRESENTATIVES Mrs. CHRISTENSEN. Mr. Speaker, each his daily presence at Union State Bank will be Tuesday, June 20, 2006 sorely missed, I look forward to his continued year in mid-July, the French Community on St. contributions to the banking industry. I thank Thomas, in my District, observes French Herit- Mr. TOWNS. Mr. Speaker, I rise today in Dale for his service and friendship, and wish age Week, commemorating the storming of recognition of Sang Su Yi, a distinguished him the utmost happiness and success in all the Bastille on July 14, 1789 which marked member of the business and civic commu- of his future endeavors. the beginning of the French Revolution, with a nities. It behooves us to pay tribute to this out- week of French flavored activities. standing leader and I hope my colleagues will f This year, the French Heritage Week Com- join me in recognizing his impressive accom- PERSONAL EXPLANATION mittee is posthumously honoring Jean Joseph plishments. Sibilly, patriarch of the French community of Sang Su Yi was born in Kobe, Japan in HON. DAVID G. REICHERT Estate Elizabeth on St. Thomas. 1933 and returned to South Korea right after I ask my colleagues to join me today to World War II in 1946. During the Korean Civil OF WASHINGTON honor and acknowledge the innumerable con- War, he served at the supply base in the U.S. IN THE HOUSE OF REPRESENTATIVES tributions this great visionary made to the Vir- Marine Corps Headquarters Division. At the Tuesday, June 20, 2006 gin Islands in general and his community in end of the Korean Civil War, Sang Su Yi re- Mr. REICHERT. Mr. Speaker, on June 19, particular. turned to high school. 2006, I missed the following rollcall votes due Jean Joseph Sibilly was born on the French Sang Su Yi started his career as a reporter to my flight being delayed: rollcall vote No. Caribbean island of St. Barthelemy on January after receiving his bachelor’s degree at the 289, final passage of H.R. 5540 and rollcall 5, 1889, but grew up and received his edu- University of Han Yang. In 1963, he also vote No. 290, final passage of H.R. 5504. cation on the island of Guadeloupe. Trained in served in seventh division of the U.S. Infantry Had I been present, I would have voted agriculture and animal husbandry, he emi- in Korea. In 1973, when he was offered a job ‘‘yes’’ to rollcall vote No. 289 and ‘‘yes’’ to roll- grated to St. Thomas in 1912 and established from the Carnival Cruise Line in Miami, FL, call vote No. 290. residence on the north side of the island, an Sang Su Yi decided to enter the new world of f area predominantly occupied by other French the United States of America. In 1976, he immigrants. came to New York City and started his small IN RECOGNITION OF MR. MERRILL At age 23, this agricultural entrepreneur pur- business. In 1984, Sang Su Yi’s wife and chil- WORCESTER FOR HIS GENEROUS chased Estate Elizabeth and a few years later dren immigrated from Seoul, Korea and joined HOLIDAY CONTRIBUTIONS TO another 268 acres with 12 other north side him in New York City. Since coming to New ARLINGTON NATIONAL CEME- families in nearby Estate Lerkenlund to be York City, Sang Su Yi has enhanced his spir- TERY used for farming. This area has had a long itual life. He attends Full Gospel New York legacy as until recently the French north side Church and has served in various positions. HON. JEFF MILLER farmers were still the primary source for fresh He completed the Bible College with his wife OF FLORIDA produce. and he is serving the Lord as a deacon in the IN THE HOUSE OF REPRESENTATIVES He was a self taught skilled engineer and church. Currently, Sang Su Yi is the president builder credited for planning and supervising of the World Mission of Korean Folk Praise. Tuesday, June 20, 2006 the road system on the north side of St. His Folk Praise team, which includes his wife, Mr. MILLER of Florida. Mr. Speaker, it is a Thomas, the construction of numerous homes traveled to many countries to help mission- great honor for me to rise today to extend my and public buildings, and was legendary for aries to build schools and hospitals in Central congratulations to Mr. Merrill Worcester, an his ability to draw a straight line without the and South America. American who believes in paying homage to aid of conventional instruments. Additionally, Sang Su Yi is the chairperson the memory of veterans who gave all in the Above all else, he was a humanitarian and of the board of trustees of the Korean Tradi- name of freedom. community leader. His generosity is exempli- tional Music Institute of New York. The Korean As the owner of the Worcester Wreath fied by the large tracks of land he donated to Traditional Music team has performed more Company of Harrington, Maine, Mr. Worcester the Catholic Church and the local government. than 1,800 times over last 20 years. They oversees the workings of his holiday decora- The community’s Catholic Church, Our Lady have performed in Washington, DC, Long Is- tion company. Thirteen years ago, he could of Perpetual Help, and adjacent cemetery, as land University, Lincoln Center, at the U.N., think of nothing better to do with his surplus of well an elementary school, were made pos- World Hunger events, museums, local over 4,000 Christmas wreaths than bring them sible through his philanthropy. Not a politician schools, nursing homes, prisons, and almost to Arlington National Cemetery. Mr. Worcester or elected official, he was however influential every parade and major event in New York

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.004 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS June 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1209 and New Jersey. Sang Su Yi has received nu- onstrates and the strong support he enjoys. live in poverty, unable to support their family. merous awards including from the chairperson Lieutenant General Metz is the pride of the Last week, Democrats were successful in in- of the New York Korean Association, the United States Army and will be dearly missed serting a minimum wage increase into the president of the Long Island Korean Associa- at Fort Hood. Labor-H-H-S appropriations bill. But now the tion, a mayor from Guatemala City, a couple f Republican leadership is stalling a floor vote. of outstanding performance awards from It is time for real action to move hard working Seoul Korea and a leadership award from Full PERSONAL EXPLANATION Americans out of poverty. Seven million Amer- Gospel New York Church. icans deserve a raise today. Sang Su Yi, his wife and his praise team HON. DAVID G. REICHERT f stand ready to travel beyond the United States OF WASHINGTON TRIBUTE TO RAYMOND REINICK to support the missionaries around the world IN THE HOUSE OF REPRESENTATIVES wherever help and encouragement are need- Tuesday, June 20, 2006 ed. HON. BOB BEAUPREZ Sang Su Yi has been married for 48 years; Mr. REICHERT. Mr. Speaker, on June 16, OF COLORADO he and his wife have four children and nine 2006, I missed the following rollcall vote: roll- IN THE HOUSE OF REPRESENTATIVES grandchildren. call vote No. 288, Final Passage of H. Res. Tuesday, June 20, 2006 Mr. Speaker, I believe that it is incumbent 861. on this body to recognize the accomplish- Had I been present, I would have voted Mr. BEAUPREZ. Mr. Speaker, I rise today ments of Sang Su Yi, as he offers his talents ‘‘yes’’ to rollcall vote No. 288. to honor the memory of a remarkable gen- and services for the betterment of our local f tleman from my district. Raymond Reinick was and global communities. born in Kersey, CO in 1924. Growing up on Mr. Speaker, Sang Su Yi’s selfless service PERSONAL EXPLANATION his family’s farm, he learned the value of hard has continuously demonstrated a level of altru- work and developed a strong sense of pride in istic dedication that makes him most worthy of HON. JEFF MILLER his country. our recognition today. OF FLORIDA Raymond answered the call to duty when f IN THE HOUSE OF REPRESENTATIVES America entered WWII, joining the Navy and serving in the Pacific Theater aboard the USS Tuesday, June 20, 2006 LTG METZ TO GIVE UP COMMAND Fond Du Lac as a Signalman Second Class. OF III CORPS Mr. MILLER of Florida. Mr. Speaker, I would Having received the WWII Victory Medal, the like to offer a personal explanation of the rea- Asiatic-Pacific Campaign Medal and the Phil- HON. JOHN R. CARTER son I missed roll call Votes Nos. 289–291 on ippine Liberation Medal, Raymond was honor- OF TEXAS June 19, 2006. These were suspension votes ably discharged from the Navy and returned IN THE HOUSE OF REPRESENTATIVES on H.R. 5540, H.R. 5504, and H. Res. 826. home to work on the family farm. Due to plane delays, my travel to Washington, Tuesday, June 20, 2006 Not long after Raymond returned from the DC was not completed until following the con- war, he married Bernadette and began a fam- Mr. CARTER. Mr. Speaker, in May 2006 clusion of votes this evening. ily. Raymond worked as a stationary engineer LTG Thomas F. Metz relinquished command I respectfully request that it be entered into for Union Pacific Railroad for almost 40 years, of the III U.S. Corps in Fort Hood, TX. This the CONGRESSIONAL RECORD that if present, I supporting his wife and four children. successful and decorated general has had an would have voted rollcall vote No. 289, the Raymond passed away in 2003 and was illustrious career and will be missed at Fort ‘‘Sergeant Jacob Dan Dones Post Office Des- buried at Fort Logan National Cemetery along Hood. ignation Act,’’ ‘‘yea’’; rollcall vote No. 290, the side his comrades from the war. After his graduation from the United States ‘‘Larry Winn, Jr. Post Office Building Designa- Mr. Speaker, it is an honor to stand before Military Academy at West Point, he was com- tion Act,’’ ‘‘yea’’; and rollcall vote No. 291 Ex- this body of Congress and recognize Ray- missioned as a second lieutenant in the infan- pressing the sense of the House of Rep- mond Reinick’s loyal service to our grateful try. His career has taken him to locations resentatives that a National Youth Sports Nation. throughout the world including Germany, Italy, Week should be established,’’ ‘‘yea.’’ f and Iraq, with such varied positions as assist- f ant professor at West Point and Combined PERSONAL EXPLANATION Joint Task Force 7 commander in Operation RAISING THE MINIMUM WAGE (RE- Iraqi Freedom. PUBLICANS STALL BILL THAT WOULD BOOST SALARIES) HON. RANDY NEUGEBAUER He assumed the post at Fort Hood in Feb- OF TEXAS ruary 2003. Since then, he deployed the III IN THE HOUSE OF REPRESENTATIVES Corps to Iraq in January 2004 and was com- HON. SHEILA JACKSON-LEE Tuesday, June 20, 2006 manding the Multi-National Corps—Iraq until OF TEXAS May 2006. He will now continue to serve our IN THE HOUSE OF REPRESENTATIVES Mr. NEUGEBAUER. Mr. Speaker, due to of- country at Fort Monroe as U.S. Army Training ficial business, I missed rollcall votes 290 and Tuesday, June 20, 2006 Doctrine commanding general. 291 on Monday, June 19, 2006. Had I been In his career, Lieutenant General Metz has Ms. JACKSON-LEE of Texas. Mr. Speaker, present, I would have voted ‘‘yea’’ on both been awarded the Defense Distinguished workers across this country are increasingly votes. Rollcall vote 290 was a vote to pass Service Medal, Distinguished Service Medal, being asked to do more with less. As prices H.R. 5504, legislation to designate a post of- Legion of Merit with two Oak Leaf Clusters, rise on housing, health care, energy and edu- fice in Mission, Kansas for Larry Winn, Jr. Meritorious Service Medal with three Oak Leaf cation, the millions of Americans who work full Rollcall vote 291 was a vote to pass H. Res. Clusters, Army Commendation Medal with two time and make minimum wage are slipping 826, a resolution expressing support for the Oak Leaf Clusters, Good Conduct Medal, Na- farther and farther into poverty. creation of a National Youth Sports Week. tional Defense Service Medal with two Service The minimum wage in this country has not f Stars, Army Service Ribbon, Overseas Service been raised since 1997 and is now at its low- Ribbon with Numeral 3, Expert Infantry Badge, est level in 50 years when adjusted for infla- THE STUTTERING FOUNDATION Senior Parachutist Badge, Ranger Tab, and tion. Making only $5.15 an hour, a full-time Belgium Brevet ‘‘A’’ Commando. minimum wage employee will earn only HON. FRANK R. WOLF He and his wife, Pam, have been and re- $10,700 annually. This is far from enough to OF VIRGINIA main good friends of mine and my wife, Erika. make ends meet—especially for the 75 per- IN THE HOUSE OF REPRESENTATIVES Pam has been an active part of the commu- cent who are responsible at least half of their nity of Fort Hood and the families on base will family’s income. Raising children on a middle- Tuesday, June 20, 2006 not soon forget them. class income is hard enough—imagine trying Mr. WOLF. Mr. Speaker, I rise today to I had the honor to visit Lieutenant General to do it on one-third of that amount. bring the attention of the House to an article Metz and the Fort Hood soldiers under his Mr. Speaker, Democrats believe that the I recently read about Tiger Woods in The Stut- command during a recent trip to Iraq. I saw minimum wage should be a living wage. No tering Foundation’s summer newsletter. I stut- firsthand the powerful leadership he dem- American who works full-time, all year, should tered as a child and I think it’s important for

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Mr. Speaker after 22 years ‘‘The words got lost, you know, somewhere to pledge my unwavering support of our between the brain and the mouth. And it was of service and smiles, Frank and Mary’s Sub troops, and of our efforts to fight terrorism very difficult, but I fought through it. I went Shop—a popular eatery in my childhood around the world. to a school to try and get over that, and I neighborhood of Wooster Square—has closed However, I rise in strong opposition to the just would work my tail off,’’ Woods told the its doors. A family owned and operated busi- Bush administration’s handling of the war and news program in April. ness opened by my dear friends Frank and reconstruction in Iraq, as well as the Repub- ‘‘The parallels between speech performance Mary Florenzano, Frank and Mary’s fast be- lican controlled Congress’s inadequate over- and sports performance are striking,’’ said came a local landmark and a must stop for sight of the administration’s policies. Jane Fraser, president of the Stuttering The International Relations Committee, on Foundation, ‘‘and Tiger Woods is the latest New Haven visitors. which I sit, has held only two hearings this example of how the many hours of practice The dream of Frank Florenzano, Frank and and hard work to win in sports are no dif- year regarding Iraq—a woefully insufficient ferent from those long hours spent in ther- Mary’s has been located at the end of Woos- number. apy for stuttering.’’ ter Street, New Haven’s most predominant The committee and this Congress should be NBA Hall of Famer and sports commen- Italian-American neighborhood for over two functioning more like the bipartisan Truman tator Bill Walton dealt with stuttering just decades. One of Wooster Street’s greatest at- Commission did in the 1940s—a pro-troop, like he did basketball. ‘‘I thought about the tractions to residents and visitors alike are the pro-taxpayer, pro-American committee that fundamentals of the game and how to start numerous Italian-American restaurants that conducted serious and meaningful oversight to with the basics like the ability to mechani- line the street. From Sally’s and Pepe’s pizza ensure that our troops were supported and our cally duplicate moves on a basketball court. houses, to Libby’s Ice Cream and Consiglio’s, tax dollars used wisely. And then I just applied that to speaking.’’ That commission focused on two things: to Tre Scalini and Frank and Mary’s, Wooster Chicago Bulls’ legend Bob Love notes that first, prewar and ongoing day-to-day oper- ‘‘countless hours of work taught me to man- Street is home to the very best of Italian cui- ations of World War II ‘‘with a view toward ex- age moments of difficult speech.’’ sine. Open daily from 7 a.m. to 2:30 p.m., posing deficiencies so that corrective action In a recent interview, Denver Nuggets’ star Frank and Mary’s always had a steady stream could be applied’’; second, it focused on post- Kenyon Martin said of his stuttering, ‘‘How of customers—many times with lines out the war activities, including investigations of ex- I got through it was just by working hard at doors and onto the sidewalk. One of its most cess profits, fraud, mismanagement, and inef- it.’’ famous customers was lifestyle icon Martha ficiencies. U.S. Open golf champion Ken Venturi adds, Stewart whose order of eggplant with grilled It is irresponsible for this Congress to not in- ‘‘I have had to work through the years to vestigate the President’s lack of an exit strat- overcome stuttering and to speak more eas- onions, peppers, and mushrooms became one of the most popular menu items. Known for its egy, and the fraud, waste, and abuse of U.S. ily and fluently.’’ Venturi compares moving tax dollars. smoothly through speech to moving grace- variety of hot and cold subs made fresh fully through a golf stroke. Mr. Speaker, it is not only our constitutional daily—especially the steak and cheese, egg- obligation to provide real and meaningful over- ‘‘Tiger Woods is the perfect role model for plant and grilled veggies, and meatball—Frank sight into the Bush administration’s policies in all school-age children who struggle with and Mary’s quickly became a New Haven in- Iraq, it is our patriotic duty to question the this complex disorder,’’ said Fraser. The stitution, leaving an indelible mark on our com- Foundation offers free resources at President’s mishandling of this war and recon- www.stutteringhelp.org where Tiger joins a munity which will always be remembered by struction. long list of celebrities who stutter. friends and customers. f I am also pleased to have this opportunity to RECOGNITION OF JOE GESSLER f extend a special note of thanks to Mary AND HIS CONTRIBUTIONS TO Florenzano and her family for their many PERSONAL EXPLANATION AMERICA’S NATIONAL DEFENSE years of special friendship to myself and my family. Frank and Mary’s has been one of my HON. C.A. DUTCH RUPPERSBERGER HON. JERRY MORAN mother, Luisa’s, favorite lunch spots for many OF MARYLAND years and, like so many others in this Italian- IN THE HOUSE OF REPRESENTATIVES OF KANSAS American neighborhood, she will be sure to Tuesday, June 20, 2006 IN THE HOUSE OF REPRESENTATIVES reminisce about the great food, conversation, Mr. RUPPERSBERGER. Mr. Speaker, the and atmosphere that Frank and Mary’s always Tuesday, June 20, 2006 strength of America is found in the commit- offered. ment of the service men and women defend- Mr. MORAN of Kansas. Mr. Speaker, on Frank and Mary’s was more than a great ing our liberties, and the lifelong dedication of June 19, 2006, I was unavoidably detained sub shop; it was the dream of Frank American engineers and scientists developing because of travel delays and missed the fol- Florenzano and represented the very spirit of the technologies upon which these brave war- lowing rollcall votes: the American dream. Together, the riors depend. Today I have the opportunity to 1. Rollcall vote No. 289: the Sergeant Jacob Florenzanos made that dream a reality. recognize Joe Gessler, one of these unsung Dan Dones Post Office Designation Act; Owned and operated by the Florenzano family engineers, who at the age of 82, is finally tak- 2. Rollcall vote No. 290: the Larry Winn, Jr., since its opening, Mary, her daughter Lori, and ing a well deserved retirement as America’s Post Office Designation Act; and niece Nicole have worked hard to keep oldest active thermal battery engineer. For over half a century, Joe Gessler has Frank’s dream alive since his passing in 2003. 3. Rollcall vote No. 291: Expressing the quietly made a profound contribution to our sense of the House of Representatives that a Though this local treasure will be missed, it is nation’s defense through development of the National Youth Sports Week should be estab- with my heart-felt congratulations that I rise battery technology that has become an essen- lished. today to extend my very best wishes to Mary tial component in a vast array of modem de- Had I been present I would have voted Florenzano and her family for many more fense systems. Receiving his bachelors de- ‘‘yea’’ to rollcall vote No. 289, ‘‘yea’’ to rollcall years of health and happiness. I have no gree in chemistry and math from Loyola Col- vote No. 290, and ‘‘yea’’ to rollcall vote No. doubt that they will enjoy great success no lege in 1945 and his masters in chemical engi- 291. matter what their future endeavors may be. neering from Johns Hopkins, Joe immediately

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.016 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS June 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1211 entered the thermal battery business at its in- TRIBUTE TO KERRY DUMBAUGH a great example of how individuals in our fancy, joining Catalyst Research, a division of communities can make a difference in the Mine Safety Appliances (MSA), in 1948. HON. PHIL ENGLISH lives of others. Catalyst Research had just been challenged OF PENNSYLVANIA I commend Gloria Garner for all that she by the National Bureau of Standards to de- IN THE HOUSE OF REPRESENTATIVES has done for the men, women, and children of velop a battery that could sit inertly on a shelf Tuesday, June 20, 2006 Knoxville. I wish her all the best in her future for years, and when needed, be instanta- life, and am hopeful that others will stand in to neously turned on without requiring any me- Mr. ENGLISH of Pennsylvania. Mr. Speaker, follow in her path. chanical activation. Thermal batteries were the I rise today to recognize Kerry Dumbaugh for I would also like to include in the RECORD a answer. Joe was part of the team that in the becoming the Butler Distinguished Graduate June 16, 2006 article in the Knoxville News- early 1950’s provided the first thermal bat- for 2006. Having demonstrated a great degree Sentinel about Gloria’s retirement and career teries for the U.S. Navy. Over the next dec- of ability and knowledge in her field, it is my for all of my colleagues, constituents and ade, Joe helped refine this technology for use hope that she will continue to share this and readers of the record, so that they can more by our other services. In 1964, Joe went to the grow in prosperity. fully understand her dedication. Graduating from Butler High School located U.K. to start up a new MSA thermal battery HEART OF THE URBAN LEAGUE; GLORIA GAR- in Pennsylvania’s third Congressional District factory in Scotland meeting the needs of our NER RETIRES AFTER 38 YEARS WITH KNOX- NATO allies. in 1970, Dumbaugh started out at Eastman VILLE AFFILIATE Joe Gessler’s contribution goes beyond en- School of Music as a piano performance (By Chandra Harris) major. Although she had been a piano student gineering; he has been both a teacher and A walking encyclopedia chock-full of mentor. As the production and engineering since she was 7 years old, she soon discov- Knoxville Area Urban League facts, Gloria manager at Catalyst Research, Joe had a di- ered that this was not the course she wished Garner is clearing out her bookshelves. rect and future impact on his current em- to pursue. She decided to transfer to Retiring after 38 years with the league, ployer, Saft America. Three of the engineers Wittenberg University to study music, yet after Garner doesn’t need a book to recount the he trained met him for lunch one day to an- meeting an enthusiastic professor, she was history of the league because she is the his- convinced to add Eastern Asian Studies to her tory of the league. nounce they had decided to go out on their The vice president of community affairs own and form KDI Score Thermal Batteries, ‘‘repertoire.’’ After her time there, she attended the University of Pennsylvania, where she has held every position there is and was at which was eventually acquired by Saft. the league since starting there months after Joe himself joined Saft in 1983 where he earned her master’s in Chinese Studies and its inception in 1968. shared his expertise until his ‘‘first’’ retirement International Relations. Thus began her polit- A handful of moves for the Urban League in 1990. But retirement for Joe Gessler meant ical career. Working as a legislative cor- came before settling at East Fifth Avenue. he only worked 40 hours a week as a ‘‘part- respondent, assistant, and director for various But Garner was never moved to leave. time’’ employee. In the 16 years since then, United States Congressmen, she enjoyed her And four presidents came and went. Garner Joe was instrumental in ramping up Saft’s bat- experience, yet felt that there was more. stepped in as interim director while the search was on for the next president. tery production for Operation Desert Storm When a position at the Congressional Re- search Service, CRS, opened, Dumbaugh When money was tight and staff was short, and applying his vast knowledge of battery Garner’s smile and tenacity remained stead- technology and production to help grow Saft seized the opportunity. She went on to earn a fast through 40-plus-hour weeks. America’s Cockeysville facility to where it is master’s in National Security Studies from the She held onto the words of the national today, the largest supplier of advanced lithium U.S. National War College. Utilizing her knowl- president from 1961–1971, Whitney M. Young, ion battery systems to America’s Armed edge about Eastern Asia, with the CRS, she Jr.: ‘‘Every man is our brother, and every Forces. provides information and analysis about the man’s burden our own.’’ Whatever the challenge, at an age when developments in Hong Kong, Taiwan, and ‘‘Where poverty exists, all are poorer. Where hate flourishes, all are corrupted. most men are content playing golf or sitting in China to U.S. Congressmen. She analyzes the political, military, economic, and security de- Where injustice reigns, all are unequal.’’ a club house, Joe Gessler puts in a full 40 Garner said she stood in then and will con- hours every week generating amazing results velopments as well as the implications of U.S. tinue to stand in to bridge the gap of social with the same positive ‘‘can do’’ attitude he foreign policy. She has authored over 100 arti- and economic development in minority com- had on the day he graduated college. cles; and since 1992, she has moderated the munities. Mr. Speaker, I ask you to join with me today China Forum, a public policy TV program Even as she is dusting off her desk and in recognizing Joe Gessler for over 58 years about China. packing up, she is still telling strangers and of dedication and contributions to the defense The Distinguished Graduate award is given friends alike that they need to join the of the United States through superior tech- to a Butler graduate each year. Kerry Knoxville affiliate of the National Urban Dumbaugh will be the 27th recipient and the League. nology, and congratulates him on his retire- ‘‘Once an Urban Leaguer, always an Urban ment as America’s oldest thermal battery engi- 5th woman to receive it. She is a model of ex- Leaguer,’’ she said during a celebratory re- neer. cellence in academia and politics, as well as ception in her honor Thursday night at the f for women. Her intelligence has served to aid University Club. in furthering American policy abroad. Due to While she may no longer have an office to PERSONAL EXPLANATION her many accomplishments, Dumbaugh de- call her own come next Thursday, her offi- serves commendation. cial last day, Garner said, ‘‘I will still be HON. DENNIS MOORE Mr. Speaker, I hope my colleagues will join around helping wherever I can.’’ OF KANSAS with me in congratulating Kerry Dumbaugh ‘‘When you have a passion for what you do, you want to work hard.’’ IN THE HOUSE OF REPRESENTATIVES and her family on her receiving the Butler Dis- The on-time Head Start teacher who Tuesday, June 20, 2006 tinguished Graduate Award for 2006 and in dreamt of becoming a nurse or joining the wishing her continued success in all her en- Mr. MOORE of Kansas. Mr. Speaker, due to military still found a way to help people. deavors. a combination of mechanical problems suf- ‘‘There are people in jobs today that I had f a hand in, and that’s a good feeling,’’ Garner fered by US Airways and inclement weather in said. the Washington, DC, area, I arrived at the A TRIBUTE TO GLORIA GARNER ‘‘The Urban League is my family and I was Capitol yesterday later than I anticipated. For busy helping people,’’ said the mother of five this reason, I missed the following three re- HON. JOHN J. DUNCAN, JR. adult children when asked why her tenure corded votes on June 19: OF TENNESSEE was such a long one. Without her insight through the years, 1. H.R. 5540—Sergeant Jacob Dan Dones IN THE HOUSE OF REPRESENTATIVES Post Office Designation Act—had I been there wouldn’t have been a foundation of the present, I would have voted ‘‘aye’’; Tuesday, June 20, 2006 league, Ernest Fulton and Douglas Upton 2. H.R. 5504—Larry Winn, Jr. Post Office Mr. DUNCAN. Mr. Speaker, I rise today to said. Building Designation Act—had I been present, pay tribute to Gloria Garner, a 38-year veteran Fulton and Upton both worked with Gar- ner in the early days of the league. I would have voted ‘‘aye’’; and of the Knoxville Area Urban League. Her ef- ‘‘She has a way with people,’’ Upton said. 3. H. Res. 826—Expressing the sense of forts will be long remembered and continually ‘‘She connects with people.’’ the House of Representatives that a National missed. And that was apparent Thursday night as Youth Sports Week should be established— Gloria spent her 38 years of service with the dozens, including Knoxville Mayor Bill had I been present, I would have voted ‘‘aye.’’ goal of helping others help themselves. She is Haslam and Vice Mayor and former Urban

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.021 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS E1212 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2006 League President Mark Brown, offered en- CONGRATULATING EAST HIGH PERSONAL EXPLANATION couragement and shed a few tears. SCHOOL ON PLACING THIRD AT ‘‘We can’t fill her shoes,’’ said Phyllis NATIONAL COMPETITION ON THE Nichols, league president and CEO. CONSTITUTION HON. SUE WILKINS MYRICK Life after checking into the Urban League OF NORTH CAROLINA some mornings at 7 for Garner will be filled IN THE HOUSE OF REPRESENTATIVES with lunch dates, ‘‘some good movies and re- HON. MARK UDALL Tuesday, June 20, 2006 laxing travels,’’ she said. OF COLORADO Grandson Kody Wills summed it up: IN THE HOUSE OF REPRESENTATIVES Mrs. MYRICK. Mr. Speaker, I was unable to ‘‘That’s my granny and she’s a star.’’ participate in the following votes due to a de- Tuesday, June 20, 2006 layed flight. If I had been present, I would f have voted as follows on June 19, 2006: Mr. UDALL of Colorado. Mr. Speaker, I am Rollcall vote 289, on motion to suspend the IN RECOGNITION OF THE OUT- pleased to announce that East High School rules and pass H.R. 5540—to designate the STANDING PUBLIC SERVICE OF from Denver, CO, placed third in the national facility of the United States Postal Service lo- JOSEPH VALENZANO, JR. finals competition of ‘‘We the People: The Cit- cated at 217 Southeast 2nd Street in Dimmitt, izen and the Constitution.’’ From April 29 to Texas, as the ‘‘Sergeant Jacob Dan Dones May 1, 2006, approximately 1,200 students Post Office’’, I would have voted ‘‘aye.’’ HON. SCOTT GARRETT from across the country participated in the 19th annual We the People competition—the Rollcall vote 290, on motion to suspend the OF NEW JERSEY rules and pass H.R. 5504—to designate the most extensive educational program in the facility of the United States Postal Service lo- IN THE HOUSE OF REPRESENTATIVES country developed specifically to educate cated at 6029 Broadmoor Street in Mission, young people about the U.S. Constitution and Tuesday, June 20, 2006 Kansas, as the ‘‘Larry Winn, Jr. Post Office Bill of Rights. The We the People program is Building’’, I would have voted ‘‘aye.’’ Mr. GARRETT of New Jersey. Mr. Speaker, administered by the Center for Civic Education I rise to recognize Joseph Valenzano’s tre- and funded by the U.S. Department of Edu- Rollcall vote 291, on motion to suspend the rules and agree to H. Res. 826—Expressing mendous commitment to public service and cation by act of Congress. the sense of the House of Representatives his outstanding contributions on behalf of the The We the People national finals are a 3- that a National Youth Sports Week should be disability community. Later this week, Joe, day academic competition that simulates a established, I would have voted ‘‘aye.’’ who is a constituent of New Jersey’s Fifth Dis- congressional hearing in which the students trict, will be honored for his work in Chester, ‘‘testify’’ before a panel of judges on constitu- f NJ, by the International Brain Research Foun- tional topics. Students demonstrate their dation. knowledge and understanding of constitutional TRIBUTE TO MR. MARTY BERGER Joe Valenzano has spent more than 30 principles as they evaluate, take, and defend years in publishing and communications, most positions on relevant historical and contem- porary issues. HON. ROBERT A. BRADY recently as president, CEO, publisher, and OF PENNSYLVANIA editor in chief of EP Global Communications, In Colorado, I have made a priority of dis- Inc., which publishes Exceptional Parent Mag- patching my staff to serve as ‘‘judges’’ in com- IN THE HOUSE OF REPRESENTATIVES petitions at all levels within my district and azine. This publication provides both practical Tuesday, June 20, 2006 advice and emotional support to the parents of throughout the State. Through them I can at- children and adults with disabilities and special test to the skill, intellect and diligence that Mr. BRADY of Pennsylvania. Mr. Speaker, I health needs. The magazine provides a forum characterize the East High School team. Con- rise to honor the life and contributions of Mr. gratulations to the members of the East High for parents, health care professionals, and Marty Berger, who died June 18, 2006. School team: Michelle Buchanan, Darien education specialists to work together as a A board member of the Action Alliance of Combs, Lila Creighton, Paula Davis, Joshua community for the betterment of the disability Senior Citizens of Greater Philadelphia and Figueroa, Sophia Galleher, Rose Green, community. president of the Pennsylvania Alliance for Re- Jonathon Hammond, Meghan Harrington, tired Americans, Mr. Berger was a man of ac- Under Joe’s direction and vision, Excep- Kathryn Havranek, Than Hedman, Collin tion. In fact, he was a dynamic 77-year-old tional Parent magazine has been a pivotal Hornsby, Noah Hubbell, Mackenzie Jacobs, man of action who inspired hundreds of labor, player in important discussions, such as use Elizabeth Kochevar, Clay Lemar, Zach Levek, civil rights, women’s rights and senior citizen of restraints and aversive punishments, ex- Christopher Linsmayer, Elise Mann, Gabe activists. panded universal newborn screening, the use Mann, Logan McHenry, Tyler McNamara, Because of Mr. Berger’s efforts, senior citi- of people first language among journalists, Sarah McNaughton, Zena Price-Broncucia, zens throughout Philadelphia and across end of life issues, and more. Exceptional Par- Rachel Romer, Claire Sanderson, Cary Sha- Pennsylvania are coming together in increas- ent has led the fight to support the frontline piro, Amy Stanesco, Amy Steinhoff, Alex Ste- ing numbers in a common effort to address workforce of professionals who provide care vens, Zachary Susel, Elizabeth Trower, and their own needs and influence the legislative and assistance to those with special needs Will VanTreuren. I also wish to commend the process to affect social, political and economic and to promote the use of tandem mass spec- teacher of the class, Ms. Edna Sutton, who change. trometry to screen for over 60 inborn metabo- was responsible for preparing the class for the All who knew him are saddened by the lism errors in newborns. And Exceptional Par- national finals competition. Also worthy of spe- passing of Mr. Berger. But, I and those he cial recognition are Ms. Jackie Johnson, the ent has worked with the Department of De- worked so hard to empower will continue to State coordinator, and Mr. Loyal Darr, the dis- fense to deliver reliable, accurate information struggle to make a better world for our senior trict coordinator, who are among those re- to more than 150,000 military families around citizens so they can live out their final years sponsible for implementing the We the People with justice and dignity. the globe to help them care for their children program in my district. with special needs and disabilities. More than ever seniors need a powerful I am an unequivocal supporter of the We voice: to demand affordable, quality, and ac- It is the dedication of individuals like Joe the People program. Nothing is more impor- cessible health care for all senior citizens; to Valenzano that gives hope to so many parents tant to a healthy democracy than a civicly edu- protect Social Security, Medicare and Med- when they first embark upon the path of rais- cated and informed citizenry. East High icaid; and to ensure social and economic jus- ing a child with special needs and provides School’s team is a shining example of the tice and full civil rights for our most vulnerable sustenance to those parents who have already bright future of tomorrow’s leaders. Mr. Speak- citizens. Mr. Berger’s passing represents the spent years in loving care of children with spe- er and my colleagues in the House, please loss of a powerful and committed voice, but cial needs. I applaud Joe for his efforts and join me in congratulating these young constitu- his legacy of dedication continues, and it is for join the International Brain Research Founda- tional experts for their outstanding achieve- these reasons that I ask you and my other dis- tion for honoring this lifetime of work. ment. tinguished colleagues rise to honor him.

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.025 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS June 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1213 INTRODUCTION OF THE SAFE plants are flowering earlier, and birds are mi- From 1990 to 1996, in just 6 years, we CLIMATE ACT grating earlier. These changes are happening ended production of key chemicals destroying across the globe. And with warmer weather the earth’s protective tropospheric ozone layer HON. HENRY A. WAXMAN come bugs that are no longer being killed by and shifted to substitutes. Those chemicals OF CALIFORNIA the winter cold, such as the beetles that are had been widely used throughout the econ- IN THE HOUSE OF REPRESENTATIVES destroying forests across the Southwest and omy in applications from air conditioning and Alaska. refrigeration to solvents and fire suppression. Tuesday, June 20, 2006 The scientists have long predicted that as In each case, entrenched industries told Mr. WAXMAN. Mr. Speaker, I am pleased the oceans warm, rainfall episodes, storms, Congress that changes of these magnitudes today to join 12 of my colleagues in intro- and hurricanes will become more intense. Last would be impossible to achieve without mas- ducing the Safe Climate Act. Global warming year broke hurricane records, and America ex- sive economic dislocation. And in each case, is the greatest environmental challenge of our perienced the devastating results of just a few they were wrong. time, and we have a short window in which to such storms with Hurricanes Katrina and Rita. We’ve ignored the threat of global warming act to prevent profound changes to the climate The scientists have been proven right about for almost too long, but we still have an oppor- system. Unless we seize the opportunity to act global warming, over and over again, across tunity if we act now. I urge my colleagues to now, our legacy to our children and grand- the planet. We should start listening to them. join me in cosponsoring this critically important children will be an unstable and dangerous Now they are telling us that we have about bill, and I urge the committee of jurisdiction to 10 years to act to avoid being locked into irre- planet. consider it without further delay. We must face versible global warming on a scale that will There are different approaches that can be and overcome the challenge of global warm- transform the planet. The scientists have iden- taken to climate legislation. Some bills seek a ing, and the Safe Climate Act is the way to do tified a global temperature rise of just 3.6 de- symbolic recognition of the problem. Others it. grees Fahrenheit as enough to produce unde- are premised on what may be politically f achievable in the near terms. niably dangerous consequences, such as 20 The Safe Climate Act is drafted on a dif- feet or more of sea level rise, which would TRIBUTE TO SONDRA FROHLICH ferent premise: It reflects what the science flood large parts of Florida and New York City, tells us we need to do to protect our children as well as huge population centers in other countries. And scientists have calculated the HON. HOWARD L. BERMAN and future generations from irreversible and OF CALIFORNIA quantity of atmospheric greenhouse gases catastrophic global warming. The bill has ag- IN THE HOUSE OF REPRESENTATIVES gressive requirements to reduce emissions of that would very likely cause such a tempera- ture rise. The nations of the world must keep Tuesday, June 20, 2006 greenhouse gases. But the reality is, these are greenhouse gases below that level to avoid ir- the reductions that scientists say we need to Mr. BERMAN. Mr. Speaker, I rise today to reversible dangerous global warming. achieve to preserve a safe climate for future pay tribute to Sondra Frohlich, who is cele- The United States emits more greenhouse brating her retirement from her position as ex- generations. gases than any other country in the world— The science clearly tells us what we need to ecutive director of the Sherman Oaks Cham- about 20 percent of the total worldwide. We do—we must reduce emissions of greenhouse ber of Commerce. Sondra has overseen the simply cannot avoid catastrophic global warm- Sherman Oaks Chamber since 1997 and has gases, starting now and continuing over the ing without substantial cuts in U.S. emissions. been an active leader in the community for next few decades. To achieve this, we have to Of course, every nation will have to do its part. over 40 years. grow our economy into a new and cleaner fu- According to the best science, under any plau- Sondra has been a dynamic force on the ture. It’s simply too late for legislative baby sible scenario of future international actions to Sherman Oaks Chamber. During her tenure steps. stabilize the climate, the United States will as executive director, the chamber experi- I have been working to address the threat of eventually need to reduce its emissions by enced a 100-member net increase and ex- global warming for many years. At first, the about 80 percent. scientists’ warnings about global warming Fortunately, we have some time to get panded its involvement in business and com- came like a few early drops of rain. We knew there, as long as we start reducing our total munity improvements. She was one of the that our activities were emitting large quan- emissions now. And that’s what the Safe Cli- founders of the Village at Sherman Oaks Busi- tities of greenhouse gases. And we knew that mate Act does. It caps U.S. emissions in ness Improvement Districts, which has blos- greenhouse gases trap the sun’s heat and 2010, and then gradually reduces them by just somed into one of the valley’s most recog- warm the planet. When scientists found stead- 2 percent per year until 2020. This gives us 15 nized destinations for shopping. She was also ily rising quantities of greenhouse gases in the years to deploy the cleaner technologies that the incorporator of the Sherman Oaks Busi- atmosphere, they hypothesized that our activi- we already have but aren’t using much, such ness Improvement District to the State of Cali- ties could warm the planet, with unknown but as hybrid vehicles and wind power. After fornia. potentially troubling consequences. 2020, emissions must fall under the legislation Ms. Frohlich has enjoyed many other ac- Over the years, these scattered warnings by roughly 5 percent per year, as more ad- complishments in her position as executive di- grew to a stream, then to a rushing river of vanced technologies, such as biofuels from rector of the chamber. She was responsible danger signals. Over 10 years ago, the waste materials and capturing carbon dioxide for the expansion of the Sherman Oaks Street science and the threat of global warming were from power plants, become widely available. Fair through her engagement of professional clear. That’s why I introduced the Global Cli- The Safe Climate Act reduces emissions management. She coordinated the chamber mate Protection Act of 1992, which would through a flexible, market-based emissions fight for business tax relief and worker’s com- have frozen U.S. emissions of carbon dioxide trading program, as well as complementary re- pensation reforms. She won national recogni- at 1990 levels. But Congress failed to act. quirements for cleaner cars and more elec- tion for excellence of the chamber’s website. Now the river of warnings has become a tricity from renewable energy and efficiency. Outside of her work with the Sherman Oaks flooding torrent. We can no longer ignore the The Environmental Protection Agency and the Chamber, Ms. Frohlich has been very involved evidence of global warming. We’re now just Department of Energy would oversee these in the larger San Fernando Valley community. starting to experience some results of climate programs nationally, while states would retain A true leader, she has served as president of change. And they are not good. their authority to act on the State level. In ef- the San Fernando Valley Business and Pro- Eight of the ten warmest years on record fect, the Safe Climate Act sets the targets and fessional Association, the Northridge Repub- have occurred in the last decade. As the earth then unleashes market forces and American lican Women’s Club, and twice has led the warms, its ice is melting. From the glaciers in ingenuity to solve the problem. Rotary Club of Studio City-Sherman Oaks. Glacier National Park, to the snows of Kiliman- This sounds ambitious, and it is. But it is She is currently the secretary of the Mid-Val- jaro and the Larson B ice-shelf in Antarctica, also completely doable, once we decide to ley Community Police Council, a support ice that has been here since the last ice age act. Look at what we’ve already achieved. In group to the Van Nuys division of the Los An- is disappearing or already gone. The perma- just over 30 years, from the passage of the geles Police Department, as well as a member frost supporting towns and roads in Alaska is Clean Air Act in 1970 to 2002, we reduced air of the Board of Directors of the Circle of Care melting rapidly, and the summer sea ice in the pollution from automobiles by over 60 percent. Foundation. Arctic Ocean is diminishing each year. These We achieved these reductions even as the Sondra Frohlich is an outstanding commu- are changes we can see with our own eyes. total number of vehicle miles traveled in- nity leader and activist. Her commitment to the The seasons are changing—maple sugar creased by 160 percent and GDP grew by 166 San Fernando Valley is impressive, and her producers in Vermont are tapping trees earlier, percent. leadership is evident. Even with her imminent

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.030 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS E1214 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2006 retirement, she will continue to make a dif- that will be hard to fill. That much is obvious. vations entitled: ‘‘It’s Still All About Nothing.’’ ference. Ms. Frohlich may be retiring from the What is also apparent to me and many others Today, in honoring his memory, we under- Chamber of Commerce, but she is not retiring is that he has over these past 30 years set so stand why his life meant everything to so from involvement in the life and growth of the powerful an example that there are many men many people. We know why this wise man, valley. and women in public service today who can fill this advocate of the people, this gentle loving Ms. Frohlich has been a distinguished lead- that role by virtue of Dr. Elster’s example. It is soul will be missed long into the future, not er, and I ask my colleagues to join me in sa- my privilege to share with Dr. Elster the only by those in his large, extended family luting and honoring her for all of her out- thanks of this House on the occasion of this who shared his life, but by everyone whose standing accomplishments. retirement and to offer him and his family our life he ever touched. f best wishes on his life and work to come. Mr. Speaker and colleagues, please join me f in honor and remembrance of my dear friend, IN HONOR OF DR. RICHARD David ‘‘Doovy’’ Kirschenbaum. Please also ELSTER IN HONOR AND REMEMBRANCE OF join me as I offer my deepest condolences to DAVID ‘‘DOOVY’’ KIRSCHENBAUM his wife Elise; to his daughters, Amy, Lynn, HON. SAM FARR and Jo; to his son Dan; to the memory of his OF CALIFORNIA HON. DENNIS J. KUCINICH daughters, Susan and Gail; to his 22 grand- IN THE HOUSE OF REPRESENTATIVES OF OHIO children; to his 3 great-grandchildren, and to Tuesday, June 20, 2006 IN THE HOUSE OF REPRESENTATIVES his extended family members and many Tuesday, June 20, 2006 friends. Although he will be greatly missed, his Mr. FARR. Mr. Speaker, I rise today to rec- life was lived with great joy and love that he ognize the tremendous public career of Dr. Mr. KUCINICH. Mr. Speaker, I rise in joyful freely extended to his family, friends and to Richard Elster who will retire this year from his remembrance of the life and work of David our community. Doovy’s limitless kindness, post as the Naval Postgraduate School’s pro- ‘‘Doovy’’ Kirschenbaum, an extraordinary man generosity, humor and love consistently vost and academic dean. whose life was dedicated to family, friends and framed his life and embraced the lives of oth- As many of my colleagues know, the Naval community. Mr. Kirschenbaum exemplified the ers, and his spirit live on within the hearts of Postgraduate School, NPS, located in Mon- purest meaning of the word ‘‘father,’’ and his his family and friends, today, and for all time, terey, CA, is this Nation’s premier institution caring, nurturing, dedication and commitment and he will never be forgotten. for graduate level military education and re- to others enriched the lives of countless indi- f search. While its name points to its origins as viduals. a Navy facility, NPS in fact graduates masters Doovy was a successful attorney and a PERSONAL EXPLANATION and Ph.D. candidates from every U.S. military staunch advocate for those who could not de- service and many allied foreign militaries. It fend themselves. He built a large law practice HON. STEPHANIE HERSETH also houses a pioneer program to research with the daily assistance of members of his OF SOUTH DAKOTA and grant masters degrees in homeland secu- family. As his life touched the lives of more IN THE HOUSE OF REPRESENTATIVES rity. and more individuals, his influence widened. Dr. Elster has been associated with NPS His wisdom and advice was soon sought after Tuesday, June 20, 2006 since 1969, when he joined the faculty as an by officials from every rank and branch of gov- Ms. HERSETH. Mr. Speaker, I regret that I assistant professor. Since then he has at var- ernment. Doovy’s reputation became that of a was unable to participate in votes on the floor ious times served at NPS as an associate pro- kind, wise man, who, with just a twinkling of of the House of Representatives on June 19, fessor, professor, chairman of the Department his eye could provide down-to-earth, practical 2006. I was absent to attend a Veterans’ Af- of Administrative Sciences, dean of instruction, advice. His possessed a philosophic mind, un- fairs Committee hearing in South Dakota. I and finally the provost and academic dean po- derstood deeply the human condition, and al- submit this statement today to establish for the sition from which he is retiring. In the last 10 ways communicated great optimism and love. record how I would have voted had I been years, under Dr. Elster’s tenure in this last po- His commitment to and participation in Cleve- present for these votes. sition, NPS has seen a burst of activity, not land’s Jewish community was central to his On June 19, 2006, the House of Represent- only in the areas mentioned above but in passion for social and economic justice. atives held three votes. many small ways that make it a key compo- Doovy pushed himself in all of his endeav- The first vote was on a motion to suspend nent of our Nation’s security. Under Dr. ors. He was constantly building his physical the rules and agree to the H.R. 5540, to des- Elster’s leadership, much of the academic strength. He was an excellent skier and golfer, ignate the Sergeant Jacob Dan Dones Post work of NPS students and faculty responds di- but a gentle competitor, who understood that Office. Had I been present, I would have voted rectly to real world defense mission needs. It’s life, like sports, was played not just to win but ‘‘yea’’ on that question. a marriage of top notch academics and mili- for the love of the game. His enthusiasm and The second vote was on motion to suspend tary mission that no other institution in the joy for living were contagious. His friendship the rules and agree to the H.R. 5504, to des- U.S., or the world for that matter, can dupli- was consistently sought after by others, as his ignate the Larry Winn, Jr. Post Office Building. cate. magnetic character easily drew people to him. Had I been present, I would have voted ‘‘yea’’ Considered on its own, Dr. Elster’s aca- His interest in public service led him to an ap- on that question. demic career sets a remarkable standard of pointment on the Cleveland Port Authority, The third vote was on a motion to suspend achievement. However, interspersed through where he presided over the growth of the the rules and agree to the H. Res. 826, a res- his time at NPS, Dr. Elster served in several great ports along the Great Lakes. His busi- olution expressing the sense of the House of high ranking Pentagon positions. Starting in ness interests also included health care, Representatives that a National Youth Sports 1975 as a special advisor to the Secretary of where he took pride in helping many families Week should be established. Had I been Defense for Manpower and reserve affairs, Dr. extend the quality of life of their loved ones in present, I would have voted ‘‘yea’’ on that Elster also held positions as the Deputy As- superior nursing facilities. question. sistant Secretary of the Navy for Manpower, Doovy’s greatest achievement in life was al- f Acting Assistant Secretary of the Navy for ways his family. He was a loving father, Manpower and Reserve Affairs, and Deputy grandfather and great-grandfather, who with TRIBUTE TO ROSITA FERNANDEZ, Assistant Secretary of Defense for Resource his beloved wife Elise, took great pride in the SAN ANTONIO’S FIRST LADY OF Management and Support. This record of lives, growth and accomplishments of each of SONG service reflects both Dr. Elster’s keen intel- their six children. Together, Doovy and Elise ligence and leadership qualities, but also his built a family and a life of love that touched HON. CHARLES A. GONZALEZ absolute dedication to public service. The the lives of countless people in numerous and OF TEXAS combination of these qualities and his permanent ways. IN THE HOUSE OF REPRESENTATIVES achievements in national security manage- When Doovy reached his 70th birthday, ment and in the classroom allow Dr. Elster to hundreds of his friends traveled to Cleveland Tuesday, June 20, 2006 leave more than several lifetimes of achieve- from all around America to celebrate his dia- Mr. GONZALEZ. Mr. Speaker, I rise today ment upon his retirement. mond year. When they entered the to pay tribute to Rosita Fernandez, a San An- Mr. Speaker, it is easy to say that Dr. Kirschenbaum home, Doovy presented them tonio icon and a giant in Tejano music, In a Elster’s retirement from NPS will leave a void with a small booklet of his philosophical obser- career spanning six decades, she was one of

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.033 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS June 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1215 the first Latinas to cross over into Anglo Amer- San Antonio suffered a great loss and my CONGRATULATING IMMANUEL ST. ican mainstream media and appeared in tele- thoughts and prayers go out to her husband JOSEPH’S MAYO HEALTH SYS- vision shows, radio broadcasts and major stu- and her family. TEM HOSPITAL dio movies, Rosita performed for Pope John Paul II, Prince Charles and five U.S. Presi- f HON. GIL GUTKNECHT dents including President Carter for his inau- OF MINNESOTA TRIBUTE TO PROJECT GRAD guration. IN THE HOUSE OF REPRESENTATIVES She introduced Mexican culture to a wider NEWARK Tuesday, June 20, 2006 audience and was an ambassador for Latino cultures. First Lady Lady Bird Johnson named Mr. GUTKNECHT. Mr. Speaker, I rise today her ‘‘San Antonio’s First Lady of Song,’’ yet in HON. DONALD M. PAYNE to congratulate St. Joseph’s Mayo Health Sys- San Antonio, we knew her as ‘‘Rosita’’ and OF NEW JERSEY tem Hospital of Mankato, Minnesota, on re- were very proud that she represented our IN THE HOUSE OF REPRESENTATIVES ceiving the National Committee for Employer community. Support of the Guard and Reserve’s Above She began singing at the age of 9 shortly Tuesday, June 20, 2006 and Beyond award. after her family made their way from Mr. PAYNE. Mr. Speaker, I ask my col- The National Committee for Employer Sup- Monterrey, Mexico, to San Antonio. Rosita leagues here in the House of Representatives port of the Guard and Reserve, ESGR, was adapted to each new mode of entertainment. to join me as I rise to acknowledge Project established in 1972 to promote cooperation In the 1920’s, she performed throughout south GRAD Newark as it hosts its sixth annual and understanding between Reserve compo- Texas with her uncles in the ‘‘Trio San scholars celebration on Monday, June 19, nent members and their civilian employers. Miguel.’’ As radio grew more popular, Rosita 2006. Project GRAD has every right to be Their mission is to continuously gain and began broadcasting on a W.O.A.I. program, proud of its accomplishments and a celebra- maintain active support from all public and pri- As W.O.A.I. moved into television, so did tion is indeed in order. vate employers for the men and women of the Rosita as she appeared in the station’s first National Guard and Reserve. Local and na- Project GRAD Newark was established in tional representatives stand ready to help em- broadcast. Thereafter, Rosita performed in a 1998 to provide support and an educationally weekly series. Yet, she made recording the ployers understand Federal laws that affect enriched opportunity for Malcolm X Shabazz the call-up of their employees. The Above and foundation of her career and cut hundreds of High School and eight schools that feed stu- records over the duration of her career. Her Beyond Award recognizes those who have dents to it. The objectives of Project GRAD gone beyond what Federal law requires for recordings will perpetuate her brilliance and be Newark are to raise the level of academic per- a lasting contribution to American culture. supporting activated Guard employees. formance in mathematics and literacy; to have Minnesota businesses that employ Guard Rosita was a pioneer in popularizing a num- students believe in their ability to achieve; to ber of styles including canciones romanticas members are an essential link in family sup- have all students aspire to graduate from high port for deployed service members. The State and the bolero, a hybrid style that fused Afri- school and pursue a college education and to can and Hispanic styles. At a time when the of Minnesota is recognized as a leader among have students strive to receive the $6,000 those employing Guard and Reserve members ranchera style was ascendent, Rosita Project GRAD scholarship. Fortunately for the breathed new life into canciones romanticas, and received the 2004 Secretary of Defense students of Newark, Project GRAD Newark Employer Support Freedom Award. which entailed complex orchestral arrange- expanded to include Central High School and ments. Immanuel St. Joseph’s Mayo Health System its six feeder schools in 2000. Hospital, ISJ–MHS Hospital, one of 475 com- Rosita achieved success on the silver In both instances, the leadership of the panies nominated for the Above and Beyond screen. She appeared opposite John Wayne Newark Public Schools assessed key indica- Award, was nominated by Chief Master Sgt. in ‘‘The Alamo,’’ and played the lead in tors of progress and determined these two Dennis of Mankato, Minnesota. Disney’s 1963 film, ‘‘Sancho, The Homing feeder groups were lowest in the district. I extend my sincere congratulations to Im- Steer,’’ which was based on J. Frank Dobie’s These schools needed the GRAD reform ini- manuel St. Joseph’s Mayo Health System true story. But, at a time, when most Ameri- tiative to support them with research-based Hospital for receiving the Above and Beyond cans did not have first hand experience with programs, services and resources. Award from the National Committee for Em- Latinos, figures like Rosita or Desi Arnaz ployer Support of Guard and Reserve and began to change perceptions and biases Project GRAD Newark is the first expansion commend them for the extraordinary services against our community. Rosita was the con- site for the model that was developed in Hous- provided to those who serve our country. summate cultural ambassador for San Antonio ton, TX, in 1993. With initial support from and Latinos throughout America. Lucent Technologies Foundation and the Ford f Beginning in the 1950’s, Rosita performed Foundation, the Newark Public Schools en- KAREN HOSPITAL at the Arneson River Theater every year dur- tered into partnership and launched Project ing the ‘‘Fiesta Noche del Rio.’’ San Antonio GRAD Newark. HON. EDOLPHUS TOWNS could look forward to a summer full of their Today, 16 schools serving over 8,500 stu- OF NEW YORK beloved Rosita performing at the beautiful am- dents, 485 teachers and 50 administrators IN THE HOUSE OF REPRESENTATIVES phitheater on the Riverwalk in La Villita. It was constitute the Project GRAD Newark family. there during the 1968 Hemisfair that Rosita All can share in the joy of the improvements Tuesday, June 20, 2006 performed for 40 ambassadors. She became in each of the schools. On-time graduation Mr. TOWNS. Mr. Speaker, a few months so inseparable from that place that San Anto- rates at Central High School have doubled ago, there was an historic moment that was, nio named an adjacent bridge for her and since it became a GRAD school. At Malcolm sadly, underreported by the news media in many said that this bridge symbolized the way X Shabazz, the on-time graduation rate has this county and in much of the rest of the Rosita brought Mexican and American cultures improved by 20 percent compared to the world. It is only recently that I came to learn together. years before it became a GRAD high school. of it and I wish to bring it to the attention of She began a much deserved retirement in This year 109 students, 60 from Malcolm X this House. 1982 that concluded her performing career but Shabazz and 49 from Central, will graduate On March 31, outside of Nairobi, Kenya, began her philanthropic career. Rosita sang with the $6,000 Project GRAD Newark Schol- there was a dedication ceremony for the for numerous causes and charities and ap- arship as they go off to college this fall. At a Karen Hospital, which is the first full-service peared at a wide range of locales to do so. time when the City of Newark is struggling to hospital opened in Kenya since the colonial Among the causes she supported were the reduce crime in the streets and help young era, before that country became an inde- Brooke Army Medical Center’s Burn Unit, the people have hope and focus for a bright fu- pendent state within the community of nations. March of Dimes, and churches. Yet, the cause ture, these students are taking full advantage Karen Hospital is located in the Nairobi sub- she worked hardest to promote was that of of the opportunities Project GRAD Newark urb of Karen, which many will recognize as education. After spending her life bridging cul- provides. Mr. Speaker, I know my colleagues the setting for the movie, ‘‘Out of Africa,’’ tures and educating America about Latinos, it join me in congratulating these students on which told the story of author Isak Dinesen, is fitting that she chose to focus her talents on their achievements and all those associated who used the pen name Karen Blixen, and helping others cross the bridge from ignorance with the Project GRAD Newark program in who lived and worked in Kenya and wrote to knowledge. helping to facilitate this significant program. about that country and her love for it.

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.038 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS E1216 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2006 The opening of Karen Hospital has impor- surgery, intensive care, kidney dialysis, once again, thank you for joining us during tant implications for health care in Kenya and Laparoscopic surgery, video Endoscopy and this auspicious occasion. throughout East Africa. This state-of-the-art fa- physiotherapy.... In closing, allow me to quote Our Mentor [A] Hospital is however not made of build- and Teacher Dr. Sam Mwinzi, a renowned cility will provide opportunities for teaching ing and equipment. Our most important re- neurologist who is with us today and had health-care professionals—not just doctors, source is the highly trained and experienced this immortalized in our visitors book when but nurses, administrators, orderlies, and oth- personnel in all departments. Through com- he visited Karen Hospital, ‘‘May the portals ers—who will bring their knowledge and skills petitive selection of the best qualified per- of this magnificent edifice forever remain into cities and villages across the region. sonnel Karen Hospital has been manned by open and overflowing with those that seek When Karen Hospital was opened formally, the best Kenya can offer in all our depart- better health as well as those that have the ments both medical and non-medical. This gift of giving it’’. its chief executive officer, Dr. Betty Gikonyo— includes our permanent staff as well highly who received her medical education in the experienced team of medical consultants United States—made a speech, in the pres- who form the large panel of over 100 admit- f ence of President Mwai Kibaki, that reflected ting doctors of different areas of specializa- PAYING TRIBUTE TO BRYTANI the pride and hard work of bringing this hos- tion. CAIPA pital from a mere conception to a full-fledged Your Excellency Sir, I am happy to inform operating unit serving the people of Kenya. you that we have been able to attend to 634 Mr. Speaker, if there is no objection, I would patients in our Accident and Emergency de- HON. JON C. PORTER partment. Some with major injuries includ- OF NEVADA like to place excerpts of the address by Dr. ing bullet assault cases and road traffic acci- Gikonyo in the CONGRESSIONAL RECORD. Such dents. Additionally we have performed a IN THE HOUSE OF REPRESENTATIVES a historic occasion deserves to be paid much number of surgeries, endoscopies and cardiac Tuesday, June 20, 2006 more attention than it has so far received. catheterizations and as you have seen a full Mr. PORTER. Mr. Speaker, I rise today to EXCERPTS FROM A SPEECH BY DR. BETTY wing of inpatients with varying ailments GIKONYO, CHIEF EXECUTIVE OFFICER, THE ranging from major surgeries to medical honor Brytani Caipa for her efforts to protect KAREN HOSPITAL, FRIDAY, MARCH 31, 2006 conditions are recuperating in our Sagana teens on Internet. We have gathered here to celebrate a spe- Ward. This confirms that Kenyans have al- Brytani joined a national effort to protect cial day, which will form a milestone in the ready come to know, trust and use this facil- teens from internet predators by putting to- history of The Karen Hospital. 21 years ago a ity in the last one month. We look forward gether a public service announcement. to a full house in 6 months time. The per- dream was born, nurtured over the years and Brytani’s public service announcement fo- now realized. Over the last 10 years we have formance so far has been very impressive and we are encouraged and grateful for the sup- cused on protecting our First Amendment gone through a process of feasibility studies, rights, while at the same time protecting our consultation, intense planning resulting in a port Kenyans have given this facility at its business plan for the Karen Hospital. The inception.... children. Her hard work paid off, as her public The City of Nairobi has been the hub of search for a financier was not an easy one service announcement placed second nation- specialized medical services for the entire and it took us over 5 years to convince finan- ally in a contest run through the Take Charge country as well as for the Eastern and Cen- cial institutions that a medical business is a Program, and it is currently airing on numer- tral Africa region. Indeed this has been real- viable option. We kept on knocking at their ized in the month of March, as we have ad- ous radio stations. doors. Nevertheless some doors were open. mitted referred patients from Tanzania Mr. Speaker, I am proud to honor Brytani We received some offers from both regional (Daresalam), DRC Congo, Sudan (Khartoum), Caipa for her efforts to educate teens on Inter- and local banks. In consultation with our fi- and Burundi (Bujumbura). net safety and protect them from Internet nancial advisers opted for a loan in Kenya Referrals from the region not only is testi- Shillings that could finance the two major predators. I wish her the best of luck in her fu- mony to the high standard medical services ture endeavors. components of the project which are includ- available in Kenya but also affords us an op- ing building and acquisition of medical portunity to boost our inflow of foreign cur- equipment. Your Excellency Sir, please, rency to enhance our economic growth. This f allow us to thank the Kenya Commercial is an area that can be expanded further by Bank, for believing in our vision and trust- TRANSPORTATION, TREASURY, the establishment of highly specialized med- HOUSING AND URBAN DEVELOP- ing the business plan of a local investor. ical services in the private sector that would Kenya Commercial Bank took the risk and see greater number of referral from this pop- MENT, THE JUDICIARY, THE DIS- proudly partnered with us in undertaking a ulation of over 100 million that forms the TRICT OF COLUMBIA AND INDE- project of this magnitude. To the KCB Board Eastern Africa community. We at The Karen PENDENT AGENCIES APPROPRIA- of Directors and Management Asanteni Hospital has addressed this very specifically TIONS ACT, 2007 Sana. You have worked closely with in the by incorporating in our hospital a cardiology formation of this project to see it conclude program that spans from diagnosis to inter- SPEECH OF successfully. ventional non-evasive procedures and to Medical equipment are an expensive under- heart surgery. We believe that more patients HON. JOHN E. SWEENEY taking and we wish to recognize Philips Med- will be diverted from the exodus that sees OF NEW YORK ical Systems Netherlands and Frescenius patient travel to India, South Africa and Eu- IN THE HOUSE OF REPRESENTATIVES Renal Supplies of Germany who entered into rope to seek some of these specialized serv- equipment financing credit plans to enable ices. As a new centre of medical excellence, Wednesday, June 14, 2006 us to equip the hospital with ultra modem we plan to market our services effer- state of the art equipment in all depart- The House in Committee of the Whole vescently to the region and make Kenya a House on the State of the Union had under ments as Your Excellency has had an oppor- preferred destination for medical serv- consideration the bill (H.R. 5576) making ap- tunity to see. ices.... propriations for the Departments of Trans- This has been achieved through hardwork, This will provide a forum for many to commitment and consistency of purpose by a channel their energies, experiences, re- portation, Treasury, and Housing and Urban team of financial consultants, medical con- sources and to harness these positively to- Development, the Judiciary, District of Co- sultants, hospital engineers and building and wards our mission statement. I believe that lumbia, and independent agencies for the fis- civil engineers and a dedicated contractor many of us are cognizant of the benefits that cal year ending September 30, 2007, and for and sub-contractors. By following the clearly come along with the integrated teaching and other purposes: laid out rules we were able to import clear referral facility globally. Mr. SWEENEY. Mr. Chairman, I rise today all equipment in good time for installation. We at The Karen Hospital wish to com- to express my disappointment over the exclu- The hospital building comprises of 4 floors pliment and be active participants in the im- sion of section 206 as well as this amendment each with four wings thoughtfully planned to plementation of the government policy of ensure all services are accessed with min- providing promotive, preventive and cura- from the FY07 TTHUD bill. imum effort and maximum convenience to tive services. We believe there is room for Rep. Tiahrt’s amendment—of which neither our patients and staff.... the private sector to provide specialist ter- provision has any negative impact on or shuts The Karen Hospital is a world class ultra tiary medical institutions to compliment down any current IRS program or service— modern health facility bringing quality those existing in the government and indeed would prevent the IRS from using taxpayer healthcare not only to Kenyans but also to these are not in competition but rather in dollars to develop programs such as return- Eastern and Central Africa but beyond. partnership. More facilities like Karen Hos- free tax filing systems, interactive tax filing The 102 bed hospital serves patients with pital are needed in our countries especially general ailments alongside specialized med- in cities Like Mombasa Kisumu and Eldoret systems and web portals. ical and surgical interventions. It has the and also in the East African cities. These systems would overextend the IRS, newest ultra modern state-of-the art equip- On behalf of the Board of Directors, Man- expanding it beyond and diluting its core mis- ment, cardiac diagnosis, interventions and agement, Staff of The Karen Hospital, may sion of tax collection and regulation. The costs

VerDate Aug 31 2005 05:56 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.041 E20JNPT1 jcorcoran on PROD1PC62 with REMARKS June 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1217 of developing, implementing and maintaining I extend my sincere congratulations to Ar- vada State winner in the 19th annual National them would total billions of dollars. All this is cher Daniels Midland for receiving the Above Peace Essay Contest sponsored by the United even more strikingly troublesome given a re- and Beyond Award from the National Com- States Institute for Peace. cent Wall Street Journal poll that found that mittee for Employer Support of Guard and Re- Approximately 4,000 students from across 70% of Americans don’t want the IRS pre- serve and commend them for the extraor- the United States wrote essays for this year’s paring their taxes anyway. dinary services provided to those who serve topic, ‘‘Controlling the Proliferation of Nuclear I share the sentiments of the American peo- our country. Weapons.’’ This contest challenges students ple. As far as I’m concerned, having the IRS f to consider some of the most pressing issues prepare your taxes is a little like sending your confronting international peace and our coun- dog to the butcher to pick up your order—it THE DEMOCRATIC PACIFIC UNION try’s security. This year’s topic of nuclear pro- doesn’t serve your best interest. liferation could not be more timely, and it is Despite the assurances of Secretary Snow HON. EDOLPHUS TOWNS also a challenge that the international commu- and Commissioner Everson, there is currently OF NEW YORK nity will confront for decades to come. Wen’s nothing in statute that stops the IRS from de- IN THE HOUSE OF REPRESENTATIVES essay, titled ‘‘Nuclear Proliferation: Two Su- veloping and implementing a return-free tax fil- Tuesday, June 20, 2006 perpowers and Iraq,’’ won at the Nevada State ing system. Yet we already have a program in level, earning Wen a $1,000 college scholar- place that serves the purpose of these costly Mr. TOWNS. Mr. Speaker, on May 14, ship and a chance to compete at the national systems. 2005, the 60th anniversary of the end of World level. It is called the Free File Alliance—of which War II, the Democratic Pacific Union was for- Wen is currently a student at Coronado my home state of New York is a member and mally inaugurated in Taipei, Taiwan. Notable High School in Henderson, NV. Her passions it assists people who otherwise cannot afford guests at the ceremony included presidents of include volunteering in the children’s depart- tax preparation or e-filing. The Free File Alli- Taiwan, Costa Rica and Guatemala, as well ment of a local library, graphic design, eating ance is a private sector program, and provides as vice presidents of Taiwan, Nicaragua and foreign cuisine, chemistry, and traveling. With free preparation services to poor and low-in- Palau. The goals of the union are to integrate a myriad of interests, she has aspirations of come families, and since its inception in 2002 resources in the pan-Pacific region for joint pursuing higher education at the Massachu- it has provided 15.3 million free Federal tax development and regional cooperation and to setts Institute of Technology in hopes to train returns. promote democracy, peace and prosperity for her future careers as a linguist, pediatric Now, the Free File Alliance is not a perfect among DPU member democracies. surgeon, and paleontologist. system yet, and it is still in need of additional Since May of 2005, the union has estab- Mr. Speaker, I am proud to honor Wen Hui oversight and reform. However, its existence lished a Secretariat, published its first quar- Tan for being the Nevada State winner of the means that the infrastructure for such systems terly, planned West Pacific regional meetings, 19th annual National Peace Essay Contest is already in place, making the costly develop- formed a Pacific economic advisory group, sponsored by the United States Institute for ment of virtually identical IRS programs un- and initiated the Pacific Congressional Caucus Peace. I commend her success and wish her necessary. project. The project seeks to bring congres- the best of luck at the national competition f sional and parliamentary members of DPU to- and in all of her future endeavors. CONGRATULATING ARCHER gether to promote exchange and cooperation DANIELS MIDLAND among lawmakers throughout DPU member f countries. The Taiwan Chapter of the Pacific Congressional Caucus was inaugurated on TRANSPORTATION, TREASURY, HON. GIL GUTKNECHT May 20, 2006 and convened by the Speaker HOUSING AND URBAN DEVELOP- OF MINNESOTA of Taiwan’s Legislature Yuan. MENT, THE JUDICIARY, THE DIS- IN THE HOUSE OF REPRESENTATIVES The Taiwan Chapter of the Pacific Congres- TRICT OF COLUMBIA AND INDE- Tuesday, June 20, 2006 sional Caucus will sponsor a symposium on PENDENT AGENCIES APPROPRIA- Mr. GUTKNECHT. Mr. Speaker, I rise today congressional reforms this August 12–14 in TIONS ACT, 2007 to congratulate Archer Daniels Midland of Taipei, Taiwan. Legislative members of the Mankato, Minnesota, on receiving the National DPU members states and U.S. Members of SPEECH OF Committee for Employer Support of the Guard Congress are cordially invited to attend this HON. JOHN E. SWEENEY and Reserve’s Above and Beyond award. symposium either as participants or observers. OF NEW YORK The National Committee for Employer Sup- I hope that my colleagues will find time to at- port of the Guard and Reserve (ESGR) was tend this very important event in Taipei and IN THE HOUSE OF REPRESENTATIVES established in 1972 to promote cooperation lend our encouragement and support to the Tuesday, June 13, 2006 and understanding between Reserve compo- Pacific Congressional Caucus. The House in Committee of the Whole nent members and their civilian employers. I salute the Democratic Pacific Union, its House on the State of the Union had under Their mission is to continuously gain and goals, achievements, and initiations which in- consideration the bill (H.R. 5576) making ap- maintain active support from all public and pri- cluded a training program on hazard mitigation propriations for the Departments of Trans- vate employers for the men and women of the on typhoon-related disasters held May 8–12, portation, Treasury, and Housing and Urban National Guard and Reserve. Local and na- 2006 in Taiwan; a 2006 fellowship and schol- Development, the Judiciary, District of Co- tional representatives stand ready to help em- arship program providing funds for students lumbia, and independent agencies for the fis- ployers understand Federal laws that affect from DPU member states to attend univer- cal year ending September 30, 2007, and for other purposes: the call-up of their employees. The Above and sities in Taiwan; invitation of distinguished Beyond award recognizes those who have women from member states to attend meet- Mr. SWEENEY. Mr. Chairman, I thank you gone beyond what Federal law requires for ings in Taiwan to identify, and address prob- for your leadership on this bill. I am proud to supporting activated Guard employees. lems women face in the Pacific region; invita- serve as the Vice-Chairman of this Sub- Minnesota businesses that employ Guard tion of political experts to observe elections in committee. I want to echo the words of my members are an essential link in family sup- Taiwan; and establishment of the Pacific Cen- friend, Mr. REHBERG, because Amtrak is an port for deployed service members. The state ter for Disaster Reduction in Taipei. essential service in my Congressional District of Minnesota is recognized as a leader among f and home state of New York. those employing Guard and Reserve members We have had this debate every year, and and received the 2004 Secretary of Defense PAYING TRIBUTE TO WEN HUI we go through this process in each of those Employer Support Freedom Award. TAN years. Last year in particular, we fought pos- Archer Daniels Midland (ADM) was nomi- sibly the toughest battle in years for pas- nated by Sgt. Dave Bonnifield who has been HON. JON C. PORTER senger rail. We were threatened with vetoes, mobilized twice with the Army Guard. ADM OF NEVADA unless some Amtrak reforms were enacted. has been extremely supportive by providing IN THE HOUSE OF REPRESENTATIVES So what did we do? We enacted reform. One pay differential and continuous support to Sgt. year later, we have seen evidence these re- Bonnifield’s family. Archer Daniels Midland Tuesday, June 20, 2006 forms are working. was one of 475 companies nominated for the Mr. PORTER. Mr. Speaker, I rise today to Yet, here we are today with a proposal to Above and Beyond award. honor Wen Hui Tan for being named the Ne- fund Amtrak at $900 million. This allocation is-

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HIGHLIGHTS The House passed H.R. 5631—Department of Defense Appropriations Act, 2007. Senate Warner (for Ensign/Reid) Amendment No. 4308, Chamber Action to provide for expansion of the Junior Reserve Offi- Routine Proceedings, pages S6099–S6188 cers’ Training Corps program. Pages S6117–18 Measures Introduced: Nine bills and two resolu- Levin (for Kennedy/Sessions) Amendment No. tions were introduced, as follows: S. 3537–3545 and 4299, to require a report on the feasibility of estab- S. Res. 517–518. Page S6154 lishing a scholarship or fellowship program to edu- Measures Reported: cate future nuclear engineers at the postsecondary S.J. Res. 12, proposing an amendment to the and postgraduate levels. Pages S6117, S6118 Constitution of the United States authorizing Con- Warner (for Dole/Jeffords) Amendment No. 4349, gress to prohibit the physical desecration of the flag to require a National Academy of Sciences study on of the United States, with an amendment. human exposure to contaminated drinking water at Page S6154 Camp Lejeune, North Carolina. Pages S6117, S6118 Warner (for Bond/Leahy) Amendment No. 4271, Measures Passed: to enhance the authorities and responsibilities of the Commending Carolina Hurricanes: Senate National Guard Bureau. Pages S6117, S6118–19 agreed to S. Res. 517, commending the Carolina Warner (for Graham/Kerry) Amendment No. Hurricanes for winning the 2006 National Hockey 4226, to clarify the applicability of the Uniform League Stanley Cup. PageS S6187–88 Code of Military Justice during a time of war. Honoring James Cameron: Senate agreed to S. Pages S6117, S6119 Res. 518, honoring the life and accomplishments of Warner Amendment No. 4350, to modify au- James Cameron. Page S6188 thorities relating to the composition and appoint- National Defense Authorization: Senate continued ment of members of the United States Marine Band consideration of S. 2766, to authorize appropriations and the United States Marine Drum and Bugle for fiscal year 2007 for military activities of the De- Corps. Pages S6117, S6119 partment of Defense, for military construction, and Levin (for Akaka) Amendment No. 4351, to for defense activities of the Department of Energy, amend chapter 23 of title 5, United States Code, to to prescribe personnel strengths for such fiscal year clarify the disclosures of information protected from for the Armed Forces, taking action on the following prohibited personnel practices, require a statement in amendments proposed thereto: Pages S6105–47 nondisclosure policies, forms, and agreements that Adopted: such policies, forms, and agreements conform with By 64 yeas to 34 nays (Vote No. 177), McConnell certain disclosure protections, provide certain author- Modified Amendment No. 4272, to affirm the Iraqi ity for the Special Counsel. Pages S6117, S6119 Government position of no amnesty for terrorists Warner (for Ensign) Amendment No. 4352, to who have attacked U.S. forces. Pages S6110–17 authorize the temporary use of the National Guard By 79 yeas to 19 nays (Vote No. 178), Nelson to provide support for border security along the (FL)/Menendez Amendment No. 4265, to express the southern land border of the United States. sense of Congress that the Government of Iraq Pages S6117, S6119–20 should not grant amnesty to persons known to have Levin (for Akaka) Amendment No. 4353, to en- attacked, killed, or wounded members of the Armed sure government performance of critical acquisition Forces of the United States. Page S6117 functions. Pages S6117, S6120 D659

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Page S6105 Warner (for Santorum) Amendment No. 4210, ex- Pending: pressing the sense of the Senate on notice to Con- McCain Amendment No. 4241, to name the Act gress of the recognition of members of the Armed after John Warner, a Senator from Virginia. Forces for extraordinary acts of heroism, bravery, and Page S6105 achievement. Pages S6117, S6120 Kennedy Amendment No. 4322, to amend the Levin (for Kennedy) Amendment No. 4300, relat- Fair Labor Standards Act of 1938 to provide for an ing to multi-spectral imaging capabilities. increase in the Federal minimum wage. Page S6105 Pages S6117, S6120–21 Enzi Amendment No. 4376, to promote job cre- Warner (for Allard) Amendment No. 4209, to ation and small business preservation in the adjust- commend the men and women of the Armed Forces ment of the Federal minimum wage. Page S6140 of the United States in Iraq for their on-going serv- A motion was entered to close further debate on ice to the United States. Pages S6117, S6121 the bill and, in accordance with the provisions of Levin (for Jeffords) Modified Amendment No. rule XXII of the Standing Rules of the Senate, a clo- 4215, to provide for 2 programs to authorize the use ture vote will occur on Thursday, June 22, 2006. of leave by caregivers for family members of certain Pages S6142, S6188 individuals performing military service. A unanimous-consent-time agreement was reached Pages S6117, S6121–22 providing for further consideration of the bill at 9:30 Warner/Levin Amendment No. 4355, to modify a.m., on Wednesday, June 21, 2006; that there be the increase in the fiscal year 2006 general transfer 90 minutes for debate on Enzi Amendment No. authority. Pages S6117, S6122 4376 (listed above) equally divided between the Warner/Levin Amendment No. 4356, to authorize Chairman and Ranking Member of the Committee additional emergency supplemental appropriations on Health, Education, Labor, and Pensions, or their for fiscal year 2006. Pages S6117, S6122 designees; that upon conclusion of that debate, Sen- Warner (for Thune) Modified Amendment No. ate proceed to vote on Kennedy Amendment No. 4217, to require a report on the future aerial train- 4322 (listed above), to be followed by a vote on Enzi ing airspace requirements of the Department of De- Amendment No. 4376 (listed above); that no fense. Pages S6117, S6122 amendment be in order to either amendment; that Levin (for Menendez/Bingaman) Amendment No. if either amendment does not receive 60 votes in the 4357, to establish a goal of the Department of De- affirmative, then that amendment would be with- fense relating to the use of renewable energy to meet drawn; further, that following those votes, Senator electricity needs. Pages S6117, S6122 Levin be recognized to offer an amendment relating Warner/Levin Amendment No. 4358, to modify to Iraq; that there be 5 hours equally divided for de- the limitation on availability of funds for Depart- bate thereon; that no amendment be in order there- ment of Defense participation in multinational mili- to; that upon conclusion of that debate, the Levin tary centers of excellence. Pages S6117, S6122 amendment be laid aside, and Senator Kerry then be Levin (for Bingaman/Menendez) Amendment No. recognized to offer an amendment relating to Iraq. 4359, to require a report on actions to reduce the Page S6188 consumption of petroleum-based fuel by the Depart- Removal of Injunction of Secrecy: The injunction ment of Defense. Pages S6117, S6122 of secrecy was removed from the following treaty: Warner Amendment No. 4360, to require a re- Protocol III to 1949 Geneva Convention and an port assessing the desirability and feasibility of con- Amendment and Protocol to 1980 Conventional ducting joint officer promotion selection boards. Weapons Convention (Treaty Doc. No. 109–10). Pages S6117, S6122 The treaty was transmitted to the Senate today, Rejected: considered as having been read for the first time, and By 44 yeas to 52 nays (Vote No. 176), Dorgan referred, with accompanying papers, to the Com- Amendment No. 4292, to establish a special com- mittee on Foreign Relations and ordered to be print- mittee of the Senate to investigate the awarding and ed. Page S6187

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Messages From the House: Pages S6152–53 Lambright, Acting Chairman and President, Export- Measures Referred: Page S6153 Import Bank of the United States; Clay Lowery, As- sistant Secretary of the Treasury for International Af- Executive Communications: Pages S6153–54 fairs; James D. McClaskey, Midrex Technologies, Additional Cosponsors: Pages S6154–57 Inc., Charlotte, North Carolina; David Ickert, Air Statements on Introduced Bills/Resolutions: Tractor, Inc., Olney, Texas, on behalf of Small Busi- Pages S6157–63 ness Exporters Association; and Robert E. Scott, Eco- nomic Policy Institute, Washington, D.C.; and Additional Statements: Page S6151 Harry G. Hayman, III, Commerce Bank, Cherry Amendments Submitted: Pages S6163–86 Hill, New Jersey, on behalf of Bankers’ Association Notices of Hearings/Meetings: Page S6186 for Finance and Trade. Authority for Committees to Meet: Pages S6186–87 FEDERAL HOUSING ADMINISTRATION Privileges of the Floor: Page S6187 Committee on Banking, Housing, and Urban Affairs: Record Votes: Three record votes were taken today. Subcommittee on Housing and Transportation con- (Total—178) Page S6109–10 S6117, S6117 cluded a hearing to examine reform issues relating to Adjournment: Senate convened at 9:45 a.m., and the Federal Housing Administration, focusing on the adjourned at 8:09 p.m., until 9:30 a.m., on Wednes- need for continued improvement in managing risks day, June 21, 2006. (For Senate’s program, see the and estimating program costs, after receiving testi- remarks of the Acting Majority Leader in today’s mony from Brian D. Montgomery, Assistant Sec- Record on page S6188.) retary of Housing and Urban Development for Housing and Federal Housing Commissioner; Wil- liam B. Shear, Director, Financial Markets and Com- Committee Meetings munity Investment, Government Accountability Of- (Committees not listed did not meet) fice; Regina M. Lowrie, Gateway Funding Diversi- fied Mortgage Services, Horsham, Pennsylvania, on RURAL DEVELOPMENT PROGRAMS behalf of Mortgage Bankers Association; A.W. Committee on Agriculture, Nutrition, and Forestry: Com- Pickel, III, LeaderOne Financial Corporation, Lenexa, mittee concluded a hearing to examine the Rural Kansas, on behalf of National Association of Mort- Development Programs of the Department of Agri- gage Brokers; Ira Goldstein, The Reinvestment culture, focusing on broadband technology, and en- Fund, Philadelphia, Pennsylvania; and Basil N. ergy sources, especially ethanol, after receiving testi- Petrou, Federal Financial Analytics, Inc., and Tom mony from Thomas C. Dorr, Under Secretary of Ag- Stevens, National Association of Realtors, both of riculture for Rural Development; Jane Halliburton, Washington, D.C. Story County Iowa, Nevada, Iowa, on behalf of the National Association of Counties and the National BUSINESS MEETING Association of Development Organizations; Glenn Committee on the Budget: Committee ordered favorably English, National Rural Electric Cooperative Asso- reported S. 3521, to establish a new budget process ciation, Arlington, Virginia; and Mary McBride, to create a comprehensive plan to rein in spending, CoBank, Denver, Colorado. reduce the deficit, and regain control of the Federal APPROPRIATIONS: AGRICULTURE budget process, with an amendment. Committee on Appropriations: Subcommittee on Agri- NATIONAL PARK SERVICE’S REVISED culture, Rural Development, and Related Agencies DRAFT MANAGEMENT POLICIES approved for full Committee consideration of H.R. 5384, making appropriations for Agriculture, Rural Committee on Energy and Natural Resources: Sub- Development, Food and Drug Administration, and committee on National Parks concluded a hearing to Related Agencies for the fiscal year ending Sep- examine the National Park Service’s Revised Draft tember 30, 2007, with an amendment in the nature Management Policies, including potential impact of of a substitute. the policies on park operations, park resources, wil- derness areas, recreation, and interaction with gate- EXPORT-IMPORT BANK way communities, after receiving testimony from Committee on Banking, Housing, and Urban Affairs: Stephen P. Martin, Deputy Director, National Park Committee concluded a hearing to examine the reau- Service, Department of the Interior; and Thomas C. thorization of the Export-Import Bank of the United Kiernan, National Parks Conservation Association, States, after receiving testimony from James H. Washington, D.C.

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NOMINATION INSURERS’ ANTITRUST EXEMPTION Committee on Homeland Security and Governmental Af- Committee on the Judiciary: Committee held a hearing fairs: Committee concluded a hearing to examine the to examine implications on repealing the insurers’ nomination of Paul A. Denett, of Virginia, to be antitrust exemption relating to the McCarran-Fer- Administrator for Federal Procurement Policy, after guson Act, and S. 1525, to ensure that commercial the nominee, who was introduced by Senator War- insurers cannot engage in price fixing, bid rigging, ner, testified and answered questions in his own be- or market allocations to the detriment of competi- half. tion and consumers, receiving testimony from Elinor R. Hoffmann, Office of the Attorney General for the UNITED NATIONS RENOVATION State of New York, New York; Michael McRaith, Il- linois Director of Insurance, Chicago, on behalf of Committee on Homeland Security and Governmental Af- the National Association of Insurance Commis- fairs: Subcommittee on Federal Financial Manage- sioners; Marc Racicot, American Insurance Institute, ment, Government Information, and International former Montana Governor, Bob Hunter, Consumer Security concluded an oversight hearing to examine Federation of America, and Donald C. Klawiter, United Nations headquarters renovation, focusing on American Bar Association, all of Washington, D.C.; transparency, accountability, financial and ethical in- and Kevin Thompson, Insurance Services Office, Jer- tegrity at the international body, after receiving tes- sey City, New Jersey. timony from John R. Bolton, U.S. Permanent Rep- Hearing recessed subject to the call. resentative to the United Nations; Thomas Melito, Director, International Affairs and Trade, Govern- INTELLIGENCE ment Accountability Office; Claudia Rosett, Founda- Select Committee on Intelligence: Committee met in tion for the Defense of Democracies, New York, closed session to receive a briefing on certain intel- New York; and Anne Bayefsky, Hudson Institute, ligence matters from officials of the intelligence Washington, D.C. community. h House of Representatives versary of the passage of the Food and Drugs Act for Chamber Action the important service it provides to the Nation (H. Public Bills and Resolutions Introduced: 14 pub- Rept. 109–511); lic bills, H.R. 5640–5646, 5648–5654; and 3 reso- H.R. 5076, to amend title 49, United States lutions, H. Res. 879–881 were introduced. Code, to authorize appropriations for fiscal years Pages H4327–28 2007, 2008, and 2009, and for other purposes (H. Additional Cosponsors: Pages H4328–29 Rept. 109–512); Reports Filed: Reports were filed today as follows: H. Con. Res. 235, expressing the sense of the H.R. 5574, to amend the Public Health Service Congress that States should require candidates for Act to reauthorize support for graduate medical edu- driver’s licenses to demonstrate an ability to exercise cation programs in children’s hospitals, with an greatly increased caution when driving in the prox- amendment (H. Rept. 109–508); imity of a potentially visually impaired individual H.R. 5573, to amend the Public Health Service (H. Rept. 109–513); Act to provide additional authorizations of appro- H.R. 5187, to amend the John F. Kennedy Center priations for the health centers program under sec- Act to authorize additional appropriations for the tion 330 of such Act (H. Rept. 109–509); John F. Kennedy Center for the Performing Arts for S. 655, to amend the Public Health Service Act fiscal year 2007 (H. Rept. 109–514); with respect to the National Foundation for the Cen- H.R. 5647, making appropriations for the Depart- ters for Disease Control and Prevention, with an ments of Labor, Health and Human Services, and amendment (H. Rept. 109–510); Education, and related agencies for the fiscal year H. Con. Res. 426, recognizing the Food and Drug ending September 30, 2007, (H. Rept. 109–515); Administration of the Department of Health and and Human Services on the occasion of the 100th anni-

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Pages H4234–37, H4245–46 Recess: The House recessed at 9:40 a.m. and recon- vened at 11 a.m. Page H4222 Department of Defense Appropriations Act, 2007: The House passed H.R. 5631, making appro- Suspensions: The House agreed to suspend the rules priations for the Department of Defense for the fiscal and pass the following measures: year ending September 30, 2007, by a yea-and-nay Honoring the life and accomplishments of James vote of 407 yeas to 19 nays, Roll No. 305, after or- Cameron: H. Res. 867, amended, to honor the life dering the previous question. and accomplishments of James Cameron; Pages H4239–44, H4246–H4313 Pages H4226–28 Agreed to: Commending the Patriot Guard Riders for Murtha amendment to insert ‘‘(reduced by shielding mourning military families from pro- $5,000,000) (increased by $5,000,000)’’ on page 27, testers and preserving the memory of fallen service line 17, after the first dollar amount; Page H4258 members at funerals: H. Res. 731, amended, to Granger amendment to prohibit the use of funds commend the Patriot Guard Riders for shielding made available in this Act to approve or license the mourning military families from protesters and pre- sale of the F/A–22 advanced tactical fighter to for- serving the memory of fallen service members at fu- eign governments; Pages H4264–70 nerals, by a (2/3) yea-and-nay vote of 418 yeas with Castle amendment to prohibit the use of funds none voting ‘‘nay’’ and 2 voting ‘‘present’’, Roll No. made available in this Act be obligated or expended 293; Pages H4228–31, H4244–45 to provide award fees to any defense contractor for performance that does not meet the requirements of Emergency and Disaster Assistance Fraud Pen- the contract concerned; Pages H4271–73 alty Enhancement Act of 2005: H.R. 4356, to Markey amendment to prohibit the use of funds amend title 18, United States Code, with respect to made available in this Act to be used in contraven- fraud in connection with major disaster or emer- tion of laws or regulations promulgated to imple- gency funds; Pages H4231–33 ment the United Nations Convention Against Tor- Honoring and praising the National Society of ture and Other Cruel, Inhuman or Degrading Treat- the Sons of the American Revolution on the 100th ment or Punishment; Pages H4274–75 anniversary of being granted its Congressional Inslee amendment to prohibit any of the funds ap- Charter: H. Con. Res. 367, to honor and praise the propriated by this Act from being used to waive or National Society of the Sons of the American Revo- modify regulations promulgated under chapter 43, lution on the 100th anniversary of being granted its 71, 75, or 77 of title 5, United States Code; and Congressional Charter; and Pages H4233–34 Pages H4293–95 Amending the Nursing Relief for Disadvan- Norton amendment to prohibit the use of funds taged Areas Act of 1999 to remove the limitation from being made available to enter into or carry out for nonimmigrant classification for nurses in a contract for the performance by a contractor of any health professional shortage areas: H.R. 1285, base operation support service at Walter Reed Army amended, to amend the Nursing Relief for Disadvan- Medical Hospital pursuant to the public-private taged Areas Act of 1999 to remove the limitation competition conducted under Office of Management for nonimmigrant classification for nurses in health and Budget Circular A–76 that was initiated on professional shortage areas. Pages H4237–39 June 13, 2000, and that has the solicitation number Agreed to amend the title so as to read: ‘‘To ex- DADA 10–03–R–0001. Page H4306 tend for 3 years changes to requirements for admis- Rejected: sion of non-immigrant nurses in health professional Flake amendment that sought to prohibit the use shortage areas made by the Nursing Relief for Dis- of funds made available in this Act from being made advantage Areas Act of 1999.’’. Pages H4237–39 available for the project designated as the ‘‘Wind Demonstration Project’’; Page H4275 Suspensions—Failed: The House failed to agree to Schiff amendment that sought to prohibit the use suspend the rules and pass the following measures: of funds made available in this Act to be used to en- Requiring representatives of governments des- gage in electronic surveillance in the United States ignated as State Sponsors of Terrorism to disclose except as authorized under the Foreign Intelligence

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For purposes of this of funds made available by this Act to be used for amendment, the terms ‘‘electronic surveillance’’ and the Northwest Manufacturing Initiative (by a re- ‘‘United States’’ have the meanings given those corded vote of 56 ayes to 369 noes, Roll No. 302); terms in section 101 of the Foreign Intelligence Sur- Pages H4304–06, H4310–11 veillance Act (by a recorded vote of 207 ayes to 219 Flake amendment that sought to prohibit the use noes, Roll No. 295); Pages H4275–87, H4289–90 of funds made available by this Act to be used for King of Iowa amendment (No. 1 printed in the the Lewis Center for Education Research (by a re- Congressional Record of June 19, 2006) that sought corded vote of 50 ayes to 373 noes, Roll No. 303); to strike section 9012 (relating to a basing rights and Pages H4306–07, H4311–12 agreement between the United States and Iraq) (by Flake amendment that sought to prohibit the use a recorded vote of 50 ayes to 376 noes, Roll No. of funds made available by this Act to be used for 296); Pages H4270–73, H4290 the Leonard Wood Research Institute (by a recorded Chocola amendment that sought to prohibit the vote of 62 ayes to 363 noes, Roll No. 304). use of funds made available in this Act be available Pages H4308–09, H4312 for the development, deployment, or operation of the Withdrawn: web-based, end-to-end travel management system of Jackson-Lee of Texas amendment that was offered the Department of Defense known as the Defense and subsequently withdrawn which sought to require Travel System (by a recorded vote of 141 ayes to that not less than $10,000,000 of the funds shall be 285 noes, Roll No. 297); Pages H4273–74, H4290–91 used for prosthetic research; Pages H4258–64 Flake amendment that sought to prohibit the use Engel amendment that was offered and subse- of funds made available in this Act for the project quently withdrawn which sought to make it the designated as the ‘‘Wind Demonstration Project’’ (by a recorded vote of 77 ayes to 347 noes with 1 voting sense of the Congress that the Department of Navy is to be commended for having the highest percent- ‘‘present’’, Roll No. 298); Pages H4291–92 age of Alternative Fuel Vehicles acquired by any fed- Flake amendment that sought to prohibit the use of funds made available in this Act for the JASON eral agency during fiscal year 2005; Page H4273 Education Foundation (by a recorded vote of 69 ayes Stearns amendment that was offered and subse- to 352 noes with 1 voting ‘‘present’’, Roll No. 299); quently withdrawn which sought to prohibit any of Pages H4288–89, H4292 the funds made available in this Act from being Flake amendment that sought to prohibit the use used to interpret voluntary religious discussions as of funds made available by this Act to be used for ‘‘official’’ as specified in the revised interim guide- the Center for Rotorcraft Innovation; lines concerning free exercise of religion in the Air Pages H4295–H4301 Force; and Page H4293 Flake amendment that sought to prohibit the use Filner amendment that was offered and subse- of funds made available by this Act to be used for quently withdrawn which sought to prohibit any of the Illinois Technology Transition Center; the funds made available in the Act from being used Pages H4301–02 to place a social security account number on any Flake amendment that sought to prohibit the use indentification card issued to a member of the of funds made available by this Act to be used for Armed Forces, a retired member of the Armed the Advanced Law Enforcement Rapid Response Forces, or a dependent of such a member or retired Training Program (ALERRT); Pages H4307–08 member. Page H4293 Hinchey amendment that sought to prohibit the Agreed that the Clerk be authorized to make use of funds made available by this Act to be used technical and conforming changes to reflect the ac- to initiate military operations against Iran except in tions of the House. Page H4313 accordance with Article I, Section 8 of the Constitu- H. Res. 877, the rule providing for consideration tion of the United States (by a recorded vote of 158 of the bill was agreed to by a yea-and-nay vote of ayes to 262 noes, Roll No. 300); 400 yeas to 18 nays, Roll No. 292, after agreeing Pages H4303–04, H4309–10 to order the previous question without objection. Hinchey amendment that sought to prohibit the Pages H4243–44 use of funds made available by this Act to be used Presidential Message: Read a message from the for any contract with the communications and public President wherein he notified the Congress of the relations firm known as the Lincoln Group (by a re- continuation of the national emergency with respect corded vote of 153 ayes to 268 noes, Roll No. 301); Page H4310

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to the large accumulation of a large volume of weap- PRIVACY IN THE COMMERCIAL WORLD ons-usable fissile material in the territory of the Rus- Committee on Energy and Commerce: Subcommittee on sian Federation—referred to the Committee on Inter- Commerce, Trade, and Consumer Protection held a national Relations and ordered printed (H. Doc. hearing entitled ‘‘Privacy in the Commercial World 109–115); and Pages H4315–16 II.’’ Testimony was heard from public witnesses. Read a message from the President wherein he no- tified the Congress that he declared a national emer- GOVERNMENT INVESTMENTS INCENTIVES gency with respect to the policies and actions of cer- Committee on Government Reform: Subcommittee on tain individuals in Belarus—referred to the Com- Federalism and the Census held a hearing entitled mittee on International Relations and ordered print- ‘‘Poverty, Public Housing and the CRA: Have Hous- ed (H. Doc. 109–116). Page H4316 ing and Community Investment Incentives Helped Amendments: Amendments ordered printed pursu- Public Housing Families Achieve the American ant to the rule appear on pages H4328–29. Dream?’’ Testimony was heard from public wit- nesses. Quorum Calls—Votes: Four yea-and-nay votes and ten recorded votes developed during the proceedings NAVAJO-HOPI SETTLEMENT AMENDMENTS of today and appear on pages H4244, H4244–45, OF 2005 H4245, H4289–90, H4290, H4291, H4291–92, Committee on Resources: Held a hearing on S. 1003, H4292, H4309–10, H4310, H4310–11, H4311–12, Navajo-Hopi Land Settlement Amendments of 2005. H4312, H4312–13. There were no quorum calls. Testimony was heard from William Pat Ragsdale, Adjournment: The House met at 9:30 a.m. and ad- Director, Bureau of Indian Affairs, Department of journed at 11:37 p.m. the Interior; and public witnesses. Committee Meetings VOTING RIGHTS REAUTHORIZATION AND SCIENCE, THE DEPARTMENTS OF STATE, AMENDMENTS ACT JUSTICE, AND COMMERCE, AND RELATED Committee on Rules: Granted, by voice vote, a struc- AGENCIES APPROPRIATIONS FOR FY 2007 tured rule providing 90 minutes of general debate Committee on Appropriations: Ordered reported, as on H.R. 9, Fannie Lou Hamer, Rosa Parks, and amended, the Science, The Departments of State, Coretta Scott King Voting Rights Act Reauthoriza- Justice, and Commerce, and Related Agencies appro- tion and Amendments Act, equally divided and con- priations for fiscal year 2007. trolled by the chairman and ranking minority mem- ber of the Committee on the Judiciary. The rule DOD FORCE REALIGNMENTS waives all points of order against consideration of the Committee on Armed Services: Held a hearing on sig- bill. The rule provides that the amendment in the nificant force realignments of the Department of De- nature of a substitute recommended by the Com- fense, including beddown, support, and other costs mittee on the Judiciary now printed in the bill shall and requirements related to those realignments. Tes- be considered as an original bill for the purpose of timony was heard from the following officials of the amendment and shall be considered as read. The rule Department of Defense: Ryan Henry, Principal makes in order only those amendments printed in Under Secretary, Policy; Philip W. Grone, Deputy the Rules Committee report accompanying the reso- Under Secretary, Installations and Environment; and lution. The rule provides that he amendments made RADM William D. Sullivan, USN, Vice Director, in order may be offered only in the order printed in Strategic Plans and Policy, Joint Chiefs of Staff. the report, may be offered only by a Member des- MISCELLANEOUS MEASURES ignated in the report, shall be considered as read, Committee on Energy and Commerce: Ordered reported shall be debatable for the time specified in the re- the following measures: H.R. 5534, To establish a port equally divided and controlled by the proponent grant program whereby moneys collected from viola- and an opponent, shall not be subject to amend- tions of the corporate average fuel economy program ment, and shall not be subject to a demand for divi- are used to expand infrastructure necessary to in- sion of the question in the House or in the Com- crease the availability of alternative fuels; H.R. mittee of the Whole. The rule waives all points of 5632, amended, To amend Chapter 301 of title 49, order against the amendments printed in the report. United States Code, to establish a national tire fuel Finally, the rule provides one motion to recommit efficiency consumer information program; H.R. with or without instructions. Testimony was heard 5611, amended, Fuel Consumption Education Act; a from Chairman Sensenbrenner and Representatives measure to study and promote the use of energy effi- Daniel E. Lungren of California, King of Iowa, cient computer servers in the United States; and Gohmert, Herger, Rohrabacher, Norwood, Bilbray, H.R. 2730, United States-Israel Energy Cooperation Garrett of New Jersey, Westmoreland, Campbell and Act. Conyers.

VerDate Aug 31 2005 06:39 Jun 21, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D20JN6.REC D20JNPT1 jcorcoran on PROD1PC62 with DIGEST D666 CONGRESSIONAL RECORD — DAILY DIGEST June 20, 2006 COAST GUARD AUTHORIZATION FY 2007 Committee on Indian Affairs: to hold hearings to examine Committee on Transportation and Infrastructure: Sub- S. 480, to extend Federal recognition to the Chicka- hominy Indian Tribe, the Chickahominy Indian Tribe— committee on Coast Guard and Maritime Transpor- Eastern Division, the Upper Mattaponi Tribe, the Rappa- tation held a hearing on FY 2007 Coast Guard Au- hannock Tribe, Inc., the Monacan Indian Nation, and the thorizing legislation. Testimony was heard from Nansemond Indian Tribe, and S. 437, to expedite review RADM William D. Baumgartner, USCG, Judge Ad- of the Grand River Band of Ottawa Indians of Michigan vocate General, U.S. Coast Guard, Department of to secure a timely and just determination of whether that Homeland Security; and public witnesses. group is entitled to recognition as a Federal Indian tribe, 9:30 a.m., SR–485. OVERSIGHT—VA DATA SECURITY Committee on the Judiciary: to hold hearings to examine if Congress can protect copyright and promote innovation Committee on Veterans’ Affairs: Subcommittee on Dis- relating to the analog hold, 9:30 a.m., SD–226. ability Assistance and Memorial Affairs and the Sub- Subcommittee on Constitution, Civil Rights and Prop- committee on Economic Opportunity held a joint erty Rights, to hold hearings to examine policy and per- oversight hearing on Veterans Benefits Administra- spectives and views from the field regarding the Voting tion data security. Testimony was heard from the Rights Act, 2 p.m., SD–226. following officials of the Veterans Benefits Adminis- Full Committee, to hold hearings to examine the nom- tration, Department of Veterans Affairs: Ronald ination of Neil M. Gorsuch, of Colorado, to be United Aument, Deputy Under Secretary, Benefits; Michael States Circuit Judge for the Tenth Circuit, 4 p.m., Walcoff, Associate Deputy Under Secretary, Policy, SD–226. Field Operations; and Thomas Lloyd, Deputy Chief Committee on Small Business and Entrepreneurship: to hold hearings to examine the nomination of Steven C. Preston, Information Officer; and Michael Staley, Assistant of Illinois, to be Administrator of the Small Business Ad- Inspector General, Audit; and Gregory Wilshusen, ministration, 10:30 a.m., SR–428A. Director, Information Security Issues, GAO. Select Committee on Intelligence: closed business meeting f to consider intelligence matters, 2:30 p.m., SH–219. Special Committee on Aging: to hold hearings to examine COMMITTEE MEETINGS FOR WEDNESDAY, ensuring seniors don’t outlive their savings relating to JUNE 21, 2006 managing retirement assets, 10 a.m., SD–106. (Committee meetings are open unless otherwise indicated) House Senate Committee on Armed Services, Subcommittee on Military Committee on Commerce, Science, and Transportation: Sub- Personnel and the Subcommittee on Africa of the Com- committee on Surface Transportation and Merchant Ma- mittee on International Relations Committee, joint hear- rine, to hold hearings to examine economics, service, and ing on trafficking in persons, 2 p.m., 2118 Rayburn. capacity in the freight railroad industry, 10 a.m., Subcommittee on Strategic Forces, hearing on space SD–562. and U.S. national power, 10 a.m., 2212 Rayburn. Subcommittee on Technology, Innovation, and Com- Committee on Energy and Commerce, Subcommittee on petitiveness, to hold hearings to examine accelerating the Oversight and Investigations, hearing entitled ‘‘Internet adoption of health information technology, 2:30 p.m., Data Brokers and Pretexting: Who Has Access to Your SD–562. Private Records?’’ 10 a.m., 2322 Rayburn. Committee on Energy and Natural Resources: business Subcommittee on Telecommunications and the Inter- meeting to consider the nominations of Philip D. net, entitled ‘‘Universal Service: What Are We Sub- Moeller, of Washington, and Jon Wellinghoff, of Nevada, sidizing and Why? Part 1: The High-Cost Fund,’’ 2 each to be a Member of the Federal Energy Regulatory p.m., 2123 Rayburn. Commission, 11:30 a.m., SD–366. Committee on Financial Services, Subcommittee on Capital Subcommittee on Public Lands and Forests, to hold Markets, Insurance and Government Sponsored Enter- hearings to examine the Government Accountability Of- prises, hearing entitled ‘‘Commercial Insurance Mod- fice report entitled ‘‘Wildland Fire Suppression—Lack of ernization’’, 2 p.m., 2128 Rayburn. Clear Guidance Raises Concerns About Cost Sharing Be- Subcommittee on Financial Institutions and Consumer tween Federal and Nonfederal Entities’’ (GAO–06–570), Credit, hearing entitled ‘‘Bank Secrecy Act’s Impact on 2:30 p.m., SD–366. Money Services Businesses,’’ 10 a.m., 2128 Rayburn. Committee on Environment and Public Works: to hold hear- Committee on Government Reform, and the Committee on ings to examine safer technology in the context of chem- Small Business, joint hearing entitled ‘‘Northern Lights ical site security, 9:30 a.m., SD–628. and Procurement Plights: The Effect of the ANC Pro- Committee on Foreign Relations: to hold hearings to exam- gram on Federal Procurement and Alaska Native Corpora- ine the United Nations Convention Against Corruption tions,’’ 1 p.m., 2154 Rayburn. (the ‘‘Corruption Convention’’), adopted by the United Subcommittee on Energy and Resources, hearing enti- Nations General Assembly on October 31, 2003 (Treaty tled ‘‘Deep Water Royalty Relief: Mismanagement and Doc. 109–06), 9:30 a.m., SD–419. Cover-ups,’’ 9 a.m., 2154 Rayburn. Subcommittee on International Economic Policy, Ex- Committee on Homeland Security, hearing entitled ‘‘ DHS port and Trade Promotion, with the Subcommittee on Terrorism Preparedness Grants: Risk-Based or Guess- Western Hemisphere, Peace Corps and Narcotics Affairs, Work?’’ 10 a.m., 311 Cannon. to hold joint hearings to examine international meth- Committee on International Relations, to mark up H. Res. amphetamine trafficking, 2:30 p.m., SD–419. 846, Requesting the President and directing the Secretary

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of State to provide to the House of Representatives cer- with that trail; H.R. 3817, Valle Vidal Protection Act of tain documents in their possession relating to strategies 2005; H.R. 4165, To clarify the boundaries of Coastal and plans either designed to cause regime change in or Barrier Resources System Clam Pass Unit FL–64P; H.R. for the use of military force against Iran, 9:30 a.m., fol- 4275, To amend Public Law 106–348 to extend the au- lowed by a hearing on Democracy in Latin America: Suc- thorization for establishing a memorial in the District of cesses, Challenges and the Future, 10:30 a.m., 2172 Ray- Columbia or its environs to honor veterans who became burn. disabled while serving in the Armed Forces of the United Subcommittee on Middle East and Central Asia, to States; H.R. 4294, Natural Resource Protection Coopera- continue hearings to Review U.S. Assistance Programs to tive Agreement Act; H.R. 4301, Blunt Reservoir and Egypt, Part II, 2 p.m., 2200 Rayburn. Pierre Canal Land Conveyance Act of 2005; H.R. 4376, Committee on the Judiciary, to mark up the following Springfield Armory National Historic Site, Massachusetts measures: H. Res. 819, Requesting the President and di- Act of 2005; H.R. 4612, Wright Brothers-Dunbar Na- recting the Attorney General to submit to the House of tional Historic Park Designation Act; H.R. 4761, Do- Representatives all documents in the possession of the mestic Energy Production through Offshore Exploration President and the Attorney General relating to requests and Equitable Treatment of State Holdings Act of 2006; made by the National Security Agency and other Federal H.R. 4947, Cahaba River National Wildlife Refuge Ex- agencies to telephone service providers requesting access pansion Act; H.R. 5057, To authorize the Marion Park to telephone communications records of persons in the Project and Committee of the Palmetto Conservation United States and communications originating and termi- Foundation to establish a commemorative work on Fed- nating within the United States without a warrant; H. eral land in the District of Columbia, and its environs to Res. 845, Requesting the President and directing the Sec- honor Brigadier General Francis Marion; H.R. 5061, retary of Defense and the Attorney General to transmit Paint Bank and Wytheville National Fish Hatcheries to the House of Representatives not later than 14 days Conveyance Act; H.R. 5079, North Unit Irrigation Dis- after the date of the adoption of this resolution, docu- trict Act of 2006; H.R. 5094, Lake Mattamuskeet Lodge ments relating to the termination of the Department of Preservation Act; H.R. 5232, Cherry Valley National Justice’s Office of Professional Responsibility’s investiga- Wildlife Refuge Study Act; H.R. 5312, Indian Health tion of the involvement of Department of Justice per- Care Improvement Act Amendments of 2006; H.R. sonnel in the creation and administration of the National 5340, Upper Mississippi River Basin Protection Act; Security Agency’s warrantless surveillance program, in- H.R. 5411, To direct the Secretary of the Interior to es- cluding documents relating to Office of Professional Re- tablish a demonstration program to facilitate landscape sponsibility’s request for and denial of security clearances; restoration programs within certain units of the National H.R. 2389, Pledge Protection Act of 2005; H.R. 1956, Park System established by law to preserve and interpret Business Activity Tax Simplification Act of 2005; and resources associated with American history; H.R. 5622, H.R. 5520, Veterans Identity Protection Act, 10 a.m., Coral Reef Conservation Legacy Act of 2006; S. 260 Part- 2141 Rayburn. ners for Fish and Wildlife Act; and S. 1496, Electronic Subcommittee on the Constitution, oversight hearing Duck Stamp Act of 2005, 11 a.m., 1324 Longworth. on the Implementation of the Crime Victims’ Rights Pro- visions of the Justice for All Act, 1 p.m., 2141 Rayburn. Subcommittee on Forests and Forest Health, oversight Committee on Resources, to mark up the following bills: hearing on Addressing Forest Insects and Disease: A H.R. 512, to require the prompt review by the Secretary Growing National Problem, ‘‘GAO Report on Invasive of the Interior of the longstanding petitions for Federal Forest Pests.’’ 4 p.m., 1324 Longworth. recognition of certain Indian tribes; H.R. 854, To provide Committee on Rules, to consider H.R. 4890, Legislative for certain lands to be held in trust for the Utu Utu Line Item Veto Act of 2006, 2:30 p.m., H–313 Capitol. Gwaitu Paiute Tribe; H.R. 2069, Utah Recreational Land Committee on Transportation and Infrastructure, Sub- Exchange Act of 2005; H.R. 2134, Commission to Study committee on Aviation, oversight hearing on Air Traffic the Potential Creation of a National Museum of the Control Modernization: The Present and Future, 2 p.m., American Latino Community in Washington, D.C.; H.R. 2167 Rayburn. 2925, To amend the Reclamation States Emergency Committee on Veterans’ Affairs, Subcommittee on Health, Drought Relief Act of 1991 to extend the authority for oversight hearing on Safeguarding Veterans’ Medical In- drought assistance; H.R. 3085, To amend the National formation within the Veterans Health Administration, 10 Trails System Act to update the feasibility and suitability a.m., 334 Cannon. study originally prepared for the Trail of Tears National Permanent Select Committee on Intelligence, executive, brief- Historic Trail and provide for the inclusion of new trail ing on Global Updates/Hotspots, 4:30 p.m., H–405 Cap- segments, land components, and campgrounds associated itol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 21 10 a.m., Wednesday, June 21

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of suspensions ation of S. 2766, National Defense Authorization, that as follows: (1) H.R. 5060—To amend the Federal Finan- there be 90 minutes of debate on Enzi Amendment No. cial Assistance Management Improvement Act of 1999 to 4376, and upon the conclusion of that debate, Senate pro- require data with respect to Federal financial assistance to ceed to vote on Kennedy Amendment No. 4322, to be be available for public access in a searchable and user followed by a vote on Enzi Amendment No. 4376; fol- friendly form; (2) H.R. 5603—To temporarily extend the lowing those votes, Senator Levin be recognized to offer programs under the Higher Education Act of 1965; (3) an amendment relating to Iraq with 5 hours for debate, H.R. 5293—Senior Independence Act of 2006; (4) H. and upon conclusion of that debate, Senator Kerry be rec- Con. Res. 426—Recognizing the Food and Drug Admin- ognized to offer an amendment relating to Iraq. istration of the Department of Health and Human Serv- ices on the occasion of the 100th anniversary of the pas- sage of the Food and Drugs Act for the important service it provides to the Nation; (5) H.R. 5573—Health Cen- ters Renewal Act of 2006; (6) H.R. 5574—Children‘s Hospital GME Support Reauthorization Act of 2006; and (7) H. Res. 323—Supporting efforts to increase childhood cancer awareness, treatment, and research. Consideration of H.R. 9—Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE English, Phil, Pa., E1211 Myrick, Sue Wilkins, N.C., E1212 Farr, Sam, Calif., E1214 Neugebauer, Randy, Tex., E1209 Beauprez, Bob, Colo., E1209 Garrett, Scott, N.J., E1212 Payne, Donald M., N.J., E1215 Berman, Howard L., Calif., E1213 Gonzalez, Charles A., Tex., E1214 Porter, Jon C., Nev., E1216, E1217 Brady, Robert A., Pa., E1212 Gutknecht, Gil, Minn., E1215, E1217 Reichert, David G., Wash., E1208, E1209 Carnahan, Russ, Mo., E1210 Herseth, Stephanie, S.D., E1214 Ruppersberger, C.A. Dutch, Md., E1210 Carter, John R., Tex., E1207, E1209 Jackson-Lee, Sheila, Tex., E1209 Sweeney, John E., N.Y., E1216, E1217 Christensen, Donna M., The Virgin Islands, E1207, Kucinich, Dennis J., Ohio, E1214 Towns, Edolphus, N.Y., E1207, E1208, E1215, E1217 E1208 Miller, Jeff, Fla., E1208, E1209 Udall, Mark, Colo., E1212 DeLauro, Rosa L., Conn., E1210 Moore, Dennis, Kans., E1211 Waxman, Henry A., Calif., E1213 Duncan, John J., Jr., Tenn., E1211 Moran, Jerry, Kans., E1210 Wolf, Frank R., Va., E1209

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