December 7, 2006 CONGRESSIONAL RECORD — SENATE S11429 County, FL, and it includes such things this body, 12 years ago with a whole lot here in this town. And they have grown as the Florida Panther National Wild- of hope for the people of Tennessee and from three young boys when we came life Refuge, the 10,000 Islands National a whole lot of hope for this country. I here to three young men. Wildlife Refuge, and many others. think back to the people who put their I want to thank staff members, and These ecosystem protections and al- trust in that man’s hands. we never do that enough, those staff terations are absolutely necessary for Indeed, it was 12 years ago that members who have been with me from the future of keeping this beautiful Karyn and I came to Washington. I the very beginning: Emily Reynolds, planet Earth and protecting this very came as a citizen legislator with abso- Ramona Lessen, Bart VerHulst, Cornell fragile ecosystem. lutely no, no political experience. I was Wedge, Mark Winslow, and Carol Bur- BUILDING CONSENSUS a doctor. I spent 20 years in the profes- roughs. I thank my series of chiefs of Mr. NELSON of Florida. I thank my sion of healing. In my acceptance staff: Mark Tipps, Lee Rawls, Howard colleagues for allowing me the time. As speech back 12 years ago, I pledged at Liebengood, Eric Ueland, Andrea Beck- we are awaiting the majority leader to that time to my fellow Tennesseans er, Bart, and Emily, and all those who arrive, I might say that since many that Karyn and I would go to Wash- have come in and out of these doors Senators are here, I want them to ington, that we would serve for 12 since that very first day 12 years ago know what a great privilege it has been years, for a limited amount of time, when, yes, I, like somebody every for this Senator to serve with each of and that we would go back to Ten- cycle, was 100th in seniority. It is the you and to serve in a bipartisan way. nessee and live under the laws that we staff that puts the needs of this coun- One of the messages of this election I helped enact. And that is exactly what try before their own needs. And with a have just come through is that people we will do. We are going to go back to lot of hard work and a lot of passion do not want this partisan bickering Tennessee in a few weeks, and I am and a lot of hope, they have accom- they have seen. They want us to come going to live in the very same house plished so much. together, to build consensus, to per- that I was born in 54 years ago. A few moments always stand out in form, and to do it in a bipartisan way. I still remember coming to the Hill my mind, and I will not recite all of This Senator is dedicated to doing that early on, and I know a number of new them, but a few do stand out in my from now on. colleagues are coming to the Hill. I mind, victories like the $15 billion in I yield the floor. think back, and my former chief of funding for global HIV/AIDS, which I Mr. REID. I suggest the absence of a staff, who was very green at the time— have seen firsthand the power in the quorum. I just told you how green I was at the hundreds of thousands and, indeed, I The PRESIDING OFFICER. The time—I remember standing right in would say millions of lives that have clerk will call the roll. front of the Capitol, and we had to stop been saved by American leadership The legislative clerk proceeded to somebody and ask: Where is this build- there; the prescription drugs for sen- call the roll. ing called the Russell Building? And iors; confirming John Roberts and Sam Mr. FRIST. I ask unanimous consent they told us. Luckily, I don’t think Alito. that the order for the quorum call be they knew who I was at the time. And through all of this time, we have rescinded. But I did come believing deeply in borne witness to days that have lit- The VICE PRESIDENT. Without ob- the promise that I had made. I believed erally changed the face of this Nation jection, it is so ordered. in my heart that with determination— and the face of this Capitol, things like f and I had seen it in surgery and in the the Capitol shootings, operating room—one can make a dif- September 11, anthrax and ricin, and FAREWELL TO THE SENATE ference in this world. Today, I look Katrina. But through all of that, we Mr. FRIST. Mr. President, about 2 back and I see that I was only half kept it the best way we could, with months ago, late Sunday afternoon, right. One person can make a dif- hard work and a lot of hope. when no one was around, I came into ference, and each of us do in our own I thank my colleagues who placed this Chamber to carry out a time-hon- ways. But to make a difference, we their faith in me to serve as their lead- ored tradition, nearly as old as the in- can’t do it alone. er. As I said four Decembers ago, when stitution itself. I came over to this I certainly couldn’t have done it you elected me, it was and has been desk and I opened the drawer and the without people who stood both behind ever since, every day, a very humbling tradition of carving your initials or me and with me over the last 12 years. experience. On that day 4 years ago I your name into the bottom of that I agree with all of my colleagues. I quoted Proverbs: In his heart a man drawer was carried out. As you open know they know Karyn. And, indeed, plans his course, but the Lord deter- these drawers, as many of us do when she has honored me by her unwavering mines his steps. we are sitting here listening and debat- love each step along the way. Her grace And what fulfilling steps have been ing, you tend to look at the names that in carrying out her official responsibil- afforded me as leader. I cannot let are there. I see Robert Taft at the bot- ities, her commitment to the develop- today pass without expressing grati- tom of this drawer, Hugh Scott, Ever- ment of character in our three boys, tude for the close friendships of people ett Dirksen, Howard Baker, Bob Dole, her moral support, her spiritual sup- who are here and some people who have TRENT LOTT, and the list goes on. And port for me and our family, she has passed through this Chamber: Howard with the quiet here, you begin to re- been that guiding river that has kept Baker, the great Republican leader flect a little bit. But then all of a sud- us on course as we traveled two very from Tennessee whose shoes as major- den you start thinking, as you are different professions occupations: that ity leader I have done my best to fill. carving your name into that drawer, of being a heart surgeon and that of He has counseled me over the years that there aren’t very many things serving as a U.S. Senator. both as a Senator and as leader. His that you leave that are permanent Our three boys most of you know as sage advice I have relied upon many around here, but that is one. well. You have watched them grow up times in those capacities. It confronted me, as it hits me with over the last 12 years: Bryan, Jona- You have to be very careful going such force today, that our time here, than, and Harrison. Obviously, we are around a room, but behind me, people indeed, is temporary, and that we are so proud of each of them. I will speak like PETE DOMENICI, who became a here to occupy these seats at these directly to them because they, as with mentor to me on that very first day in desks just for a period of time. We can anybody growing up, faced the huge 1995; and people like JOHN WARNER, never forget that we don’t own these challenges of growing up in public life, whom we saw in action just a few min- seats. We don’t own our presence in taking in stride the various swipes that utes ago on the floor and, yes, on the this U.S. Senate. It is with that rec- the media takes from time to time, but Gates nomination; and former Sen- ognition that I address my colleagues doing so with real dignity and ators, people like Don Nickles who so today. strength. The boys know that Ten- wisely set the stage for the Republican I have reflected a lot over the last nessee is home. They have been able to tax cuts of the last several years; my several weeks, and I think back to that take in the rich texture that is af- colleague and confidante, MITCH nonpolitician who came to this city, forded all of us as we raise children MCCONNELL, whose wisdom and service

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.056 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11430 CONGRESSIONAL RECORD — SENATE December 7, 2006 has been indispensable to leading the grandchildren, have been successful in about lobbing attacks across the aisle Republican majority, who ascends in living lives of service to others. Many or is it about war rooms whose purpose party leadership, who will be sitting at friends are here today, including Jean is not to contrast ideas but to destroy this desk in a few weeks, a tempera- Ann and Barry Banker and Denise and or is it more? When the Constitutional ment and skill with which no one is Steve Smith. It is that friendship, that Convention met in 1787, delegates con- better prepared; my Tennessee col- team, that gives people, I believe, the sidered how best to structure this leg- leagues, Fred Thompson and now strength and foundation to carry out islative branch of new Government. LAMAR ALEXANDER, two great states- that mission of serving this great coun- They were determined not to repeat men with whom I have had the honor try. the mistakes made in the Articles of to work side by side as we have ad- In the past few weeks, I have spent a Confederation, which had a single, uni- dressed the needs of our constituents. lot of time reflecting about the future cameral legislature. Speaking to the I thank the two Democratic leaders, of this institution. As I prepared to convention, Virginia’s James Madison Tom Daschle and now HARRY REID. As leave here and return to my home, set forth the reasons to have a Senate. HARRY and I have said publicly many many people have asked, don’t you His words: times, everybody sees the public con- ever regret the promise that you made In order to judge the form to be given to trast between one leader to the other, to serve just for 12 years, two terms? this institution, it will be proper to take a between HARRY and me. But what peo- Did you regret it when you became view of the ends to be served by it. ple don’t see are the daily conversa- chair of the RNC or majority leader? If These were, first, to protect the peo- tions, the private conversations off the you knew then what you know today, ple against their rulers and, secondly, floor where views are mutually re- would you have made that promise 12 to protect the people against transient spected, where burdens are shared, and years ago? My answer is yes, because I impressions into which they them- where family is discussed. Karyn and I believe today, as I believed then, in the selves might be led. leave this body with tremendous re- ideal. It is, I guess, that ideal of a cit- I think we need to remember this vi- spect for HARRY and for Landra, for izen legislator. It might seem bitter- sion of the Senate that the Framers es- their contributions to this country. sweet today, but it is right. tablished—that the Senate is to pro- To all my colleagues who have I hope that in some way, as I leave tect people from their rulers and as a reached across the aisle and across dif- here, that my service—people may say check on the House and on the passions ferences when you could, thank you. it was effective or ineffective, and that of the electorate. Let us not allow Twelve years ago, it was people in is all very important—is an example of these passions of the electorate to be Tennessee who took a big chance, who someone who had never, ever run for reflected as destructive partisanship on took a great chance. They took a public office, never served before, and this floor. chance on a doctor who was little who had spent his lifetime—in fact, Taking the oath of office, which known, who had never served in public twice as much time as I spent in the many of our good colleagues will be office, obviously had never run for pub- Senate—pursuing another profession, doing shortly, commits each Senator lic office. They began by opening their coming here like so many people today to respect and revere the Framers’ minds and then opening their homes and starting at 100th in seniority over dream. To my successor, BOB CORKER, and then opening their lives and then in the basement of the Dirksen and ris- and to all the Senators who will follow opening their hearts. And I am eter- ing to majority leader over that 12- me in service to this great Nation, I nally grateful to them for giving me year period; an example of a com- urge you to be bold, make the most of that trust and taking that chance. mitted doctor who is able to find pur- your time here, and look at problems On this floor many times I have men- pose and fulfillment in serving others, with fresh eyes and the steely deter- tioned my parents and I mentioned my as all of us do as Senators, through mination to give the American people dad. Dad used to say: It is a powerful elected office. I hope that will inspire a reason to believe in you and to hope thing to know where you are going in others to seek office and to do public for a better tomorrow. life, but it is equally powerful to know service. It is my hope that those who To serve in this grand institution has where you have come from. come to serve after me as a true citizen been a labor of love. To lead here is a To the good people of Tennessee, I legislator will bring perspective and challenging responsibility that is set thank you for never letting me forget new ideas in a small way, a serendipi- out before me and each of us. It has where I have come from. You never let tous way, or maybe a large way, and been a profound honor to serve. me forget those promises made on the make this country a little better and I will close with just one story. It trail over a decade ago, the promises contribute to this institution. happens in southern Sudan. As many of that have been the heart of everything You have heard me talk about, and you have heard me say, because it is that we have done. Yours are the champion at times, term limits. Most such an important part of my life, I go voices that have called out to me from people don’t like them. They were pop- to Sudan just about every year—a Mountain City in east Tennessee to ular for a period of time. I am a great thousand miles south of Khartoum and Memphis in the west, the people out believer in self-imposed term limits. 500 miles west of the Nile River. I there who are working hard every day Every morning you get up, you say I started going there in the mid to late to raise a family, to grow a business, to have 3 more years, 2 more years, or 1 nineties. I had been there operating run a farm, to get ahead. As long as I year, or a half year, or 10 days, and you back in the bush, and I was ready to live, I will never forget those voices. know that as every day goes by. If you come home. Actually, it was in Janu- Those voices are clear, those voices of don’t have an understanding that there ary. The State of the Union was a few common sense that called out and can be an end, you tend to forget that. days off. We finished operating in a counseled me time and time again. Self-imposed term limits are the ex- hut. I operated by flashlight late at Two people who won’t hear me thank treme exception here today, not the night. Somebody in a little hut said, ‘‘I them today are two who were at my practice of this city. I think as a con- want to see the American doctor.’’ swearing in but who have since passed sequence we are moving toward a body Well, I didn’t want to go. I wanted to on: my parents Dorothy and Tommy that has too much of a 2-year vision, get back home. I wanted to get on the Frist. They have left a fascinating leg- governing for that next election, rather plane and come back home, but I went acy that the five children—I am the than a body with a 20-year vision gov- to see him. I was tired. I walked over last of those five—have been the bene- erning for the future. and pulled the curtain aside—the rug ficiaries of, a legacy of honesty, of ci- As we consider the future of the in- that was used as a curtain—and in the vility, of fairness, of hard work, and of stitution, I urge that we ask ourselves back there was somebody smiling. You service. And we all—at least I try to— what it is our forefathers envisioned. Is could see the bandages on his hands struggle to capture what they did in today’s reality what they foresaw? I and legs, and I went over; and through passing that legacy on to our children. urge that we consider our work in this a translator I said, ‘‘I am the American My own brothers and sisters, Mary, Chamber. What is it all about? Is it doctor.’’ He said, ‘‘Thank you to the Bobby, Dottie, and Tommy, all in their about keeping the majority? Is it about American doctor.’’ As a physician, I am own way, with their children and red States versus blue States? Is it accustomed to that because when you

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I lost my describe the honor it has been. jobs, I can tell my colleagues up close, leg 8 days ago. It was about 2 years ago I yield the floor. are not real easy. We have had prob- that I lost my wife and my 2 children. (Applause, Senators rising.) lems over budgets, over committee Thank you for being the American doc- Mr. REID. Mr. President, parting structure, disagreements about sched- tor.’’ really is sweet sorrow. Mr. President, ules—oh, yes, about Senate rules. I And then I started to get it. He was thank you very much for being here have never once doubted—never once saying thank you for being the Amer- today honoring not only Senator doubted—that what Senator FRIST was RIST, our majority leader, but the en- ican doctor. Then he said, basically, F doing he was doing because he believed tire Senate. that: It is you who are a representative in his heart it was the right thing. On the surface, some may ask how of America, and for democracy and lib- That is why I, HARRY REID, at his home the Senate and the operating room are on a very personal level, told Senator erty and freedom I sacrificed my wife the same. What do they have in com- and my children and my arm and my FRIST he should run for reelection. I mon? Senator FRIST has shown us that body. Thank you for what you rep- don’t believe in term limits. I truly be- helping people is what he did as a doc- lieved then, as I do now, that he should resent. tor and what he has done as a Senator. Then all of a sudden, it began to hit have run for reelection. I told his good Serving others is a trait as we have ob- wife Karyn the same thing in her me. To me, that image cuts through served by knowing this good man is just about everything that we do. It is home, in their home. that he learned from his family. His fa- I have come to learn a number of about preserving as best we can the ther was also a doctor. As a young man great hope that we represent here in things about BILL FRIST. He loves med- he was obviously academically very icine. He has done his work in the Sen- America, which is embodied in this in- talented. He wanted to follow in his fa- stitution, the freedom, the responsi- ate. But the thing that is first and ther’s footsteps. He went to Princeton paramount in his mind and his heart bility, the opportunity, the compas- University, which shows that he is sion, and the basic decency that is at every minute of the day is Karyn and someone who is talented academically his three boys. the heart of who we are as Americans. and socially. He graduated from that All of you out here have seen our Beyond Democrat or Republican— great American learning institution fights publicly, and we have had them, which came out of the campaign—now and decided he was going to go to Har- but they have been fair. I can remem- is the time to again remind ourselves vard, which speaks well, again, of his ber only once has Senator FRIST ever and state again and again that beyond intellect and, of course, his ability to raised his voice at me, and it was right being Democrats and Republicans, we get along with people. His surgical from here because, even though I didn’t are Americans. Together, we are one training came at Massachusetts Gen- mean to, he thought I had said some- people. It is our responsibility to up- eral Hospital and Southhampton Gen- thing that reflected upon his family, hold the dream and protect that hope eral Hospital in England. and I apologized to him. This man for every American and indeed the peo- Senator FRIST was a pioneer, but he loves his family and is an example of ple around the world who seek that learned his transplant surgery from the how people should treat their family. freedom. pioneer. I have heard BILL FRIST talk Karyn is a wonderful woman. She has I opened by saying that our time here about Norman Shumway on many oc- treated my wife—my wife is a very shy is temporary; we are just passing casions—the first doctor to perform a person. She has always been very shy. through. Now is the time to close. Your successful heart transplant in the U.S. Karyn has taken good care of her, and patience has been generous. As I have Senator FRIST—then Dr. FRIST—start- I will always, Karyn, appreciate that. spent a lifetime learning, to everything ed Vanderbilt University Medical Cen- In the years that go on, I, frankly, there is a season. We say that and hear ter’s Heart and Lung Transplant Cen- will never think about or, if I try, not it and tend to repeat it when there are ter. I don’t know if anybody knows—I remember any of the differences we had changes. But to everything there is a am sure someone knows—how many on the Senate floor, but I will always season, and my season here draws to a heart and lung transplants Senator remember the friendship I have devel- close. Tomorrow is the time for birth FRIST has done, but most say it was oped with the good man from Ten- and rebirth. Tomorrow is a day and a nearly 200. Think about that. Some of nessee, a citizen legislator. time for new rhythms. these operations took many hours, and Senator FRIST, Karyn, I wish you the My dad did a great thing that I some of them took days. very best. You are a good man. I love shared with some of you. Each of us I heard Dr. FRIST talk about those and appreciate everything you have should do this for our children or for first transplants, where he actually done for the country and for me. the people we care about. He knew he went and got the organs and personally (Applause.) was going to die in the next couple of brought them back to the operating The VICE PRESIDENT. The majority years. We asked him to write down his room. whip is recognized. thoughts, advice, and counsel for the Things have changed since then. Pio- Mr. MCCONNELL. Mr. President, I, next generation—not just his kids and neer, doctor, Senator FRIST has and on behalf of all the Members on this theirs, but for the great-great- will write a lot about his success as a side of the aisle—and Senator REID ac- grandkids that he would never see, a surgeon and as a Senator. And not only knowledged the same as well—am simple 4 to 5 pages. He ended that let- will he talk with his family and his grateful for your presence here today. ter to his great-grandchildren with the friends about this, things will be writ- Being here today to help honor our following words: ten about his service as a doctor and as outgoing majority leader, I know, The world is always changing, and that’s a a Senator. means a lot to him. It means a lot to good thing. It’s how you carry yourself in When we talk about these nearly 200 all the rest of us. the world that doesn’t change—morality, in- transplants, we are talking about 200 Rare is the person who rises to the tegrity, warmth, and kindness are the same human beings whose lives have been top of one profession, not to mention things in 1910, when I was born, or in 2010, or saved by virtue of his talent. Senator two. We are honoring today a man who later, when you will be reading this. And FRIST helped hundreds of people con- has done that—he has risen to the very that’s a good thing, too. Love, Granddaddy. tinue their lives. Here, as a public serv- top of not one but two extraordinarily So under the dome, it is time for ant, a Senator, he has affected the lives difficult professions. And I am abso- fresh faces and fresh resolve. Change is of millions of people. lutely certain, as all of his colleagues good. Change is constructive. The Sen- I have had the good fortune of serv- are, that he will excel in whatever ate changes, the people who serve here ing with Senator FRIST during his 12 challenge he takes on next.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.060 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11432 CONGRESSIONAL RECORD — SENATE December 7, 2006 BILL FRIST embodies what our Mr. DURBIN. Mr. President, I join in to keep our rates low and reliable. I Founding Fathers meant when they this chorus of salutations and praise think of our ability to deduct our sales spoke of ‘‘citizen legislators.’’ By his for the retiring majority leader. I lis- tax from Federal income tax and doz- early forties, he had already risen to tened carefully to Senator FRIST’s ens and dozens of other things that prominence as a renowned heart and recollection of his public service, and I have been good for Tennessee. lung surgeon. But BILL felt a call to noted the first item on his agenda was When I think of BILL FRIST, I think public service. After achieving enor- the $15 billion in the fight against glob- of civility, of decency, a good smile, mous success in that field, he came to al AIDS. It is an issue on which we hard work, and an ego that is surpris- us in the Senate and rose to the top joined together many times, an issue ingly under control for a Senator in here as well. He had not sought the where President Bush showed extraor- the midst of all of this and an example leader’s office, but in some ways it dinary leadership, and there was ex- of which his parents would be proud. So could be argued that it sought him and, traordinary bipartisan support for I think we can say today, and Lyndon once again, he was top in his field. what he was trying to achieve. Johnson wouldn’t mind, that having After 4 years, BILL has been an effec- As one reflects on his life and his BILL FRIST as majority leader of the tive and courageous leader. I have been background, it was no surprise that led U.S. Senate has been good for our here for a pretty long time now, Mr. the list. Senator FRIST dedicated his country and it hasn’t hurt Tennessee President, and I can honestly say that time before the Senate to the healing one bit. the last 4 years have been some of the arts, and I think he brought some of The PRESIDING OFFICER. The Sen- most productive years in the Senate that same dedication to this role in the ator from Massachusetts is recognized. that I have seen. Senate, trying to use his post as the Mr. KENNEDY. Mr. President, I join Under BILL FRIST’s leadership, we Senator from Tennessee and as a leader my friends and colleagues in paying have made the lives of people across in the Senate to heal the world and our tribute to a friend and a distinguished America better and safer. More oppor- Nation. I thank you for all your efforts colleague. When BILL FRIST arrived tunity lies ahead for today’s children in that regard. here, there were at least some of us than ever before. Most of all, BILL has I know when he came to this job, it with some qualms on this side of the never relented in leading this Senate to was thrust upon him rather quickly. I aisle because he ran successfully fight the war on terror. America is know he had his critics, and there against one of our dear friends, Jim more secure thanks to his tenacity and might even have been a few on this side Sasser. So, initially, there was a nat- thanks to his talents. of the aisle from time to time, but, by ural reluctance among some of us BILL is leaving us, as we all know, and large, I think his leadership has about this doctor who had defeated a sticking to his promise to the voters of been symbolized by a lack of cunning, great friend and a great Senator. Tennessee to serve only two terms. a lack of sharp elbows and an effort to But early on, it was clear that BILL Legend holds that Cincinnatus, the try and patch up our differences and was special. As someone who had been Roman farmer, became ruler of Rome get things done. Once again, you were trained in the medicine, in my own at the behest of his fellow citizens. But the healer when you had the chance to State of Massachusetts no less, he after leading them to victory against do it. brought a new and fresh perspective to invaders, he gave up the mantle of I have traveled to Africa, as he has, our national debates. power and returned to his farm. probably not as often. I have seen some He was obviously a person of impres- Whether BILL returns to medicine or of those dusty villages where there is sive skill, and it is no surprise that he continues to serve the public in some no one to be seen for miles around. But rose so quickly to become majority other way, we can be sure of this: He I cannot imagine your taking your sur- leader. The roles of Senators and physi- will continue to be one of America’s gical skills to those villages and those cians are profoundly different in many great leaders. And if he does return to huts and operating under a flashlight, ways, but at their core their missions public office, it will be because he was hour after hour, day after day, week are identical to help others to the max- asked by his fellow citizens to serve after week. That defines BILL FRIST, in imum extent of our ability. And that is and to lead. my mind—a person who may not have what BILL FRIST has done from the day Words such as ‘‘sacrifice,’’ ‘‘duty,’’ been recognized by anyone on the road he set foot in this chamber. and ‘‘service’’ mean something to BILL to that village, did some good, and left He was one of the first to understand FRIST. This Senate and this country a legacy that will be remembered. the very real threat of bioterrorism to are the better for it. To you, to Karyn, to your family, let our Nation, and that was well before 9/ It has been a joy to know BILL’s love- me add my voice in saying you left a 11 or the anthrax attacks. Senator ly family—his wife, Karyn, and his great legacy in the Senate, and I wish FRIST knew first-hand that our public three sons, Harrison, Jonathan, and you all the very best. health infrastructure was incapable of Bryan. They are all proud of their fa- (Applause.) meeting the threat of a massive nat- ther and husband. The PRESIDING OFFICER. The Sen- ural epidemic, let alone a deliberate bi- I am going to miss you, BILL. It has ator from Tennessee. ological attack. It was a privilege to been a great honor working with you Mr. ALEXANDER. Mr. President, work with him on the first bio-ter- every day over the last 4 years, and it former Senator Lyndon Johnson used rorism legislation, which because of his will be an honor to take the baton from to say about himself that having Lyn- leadership we were able to pass before BILL to lead Senate Republicans during don Johnson as majority leader was 9/11. the 110th Congress. good for the United States of America He has also been a pioneer in the ef- Just as Kentucky and Tennessee and it hasn’t hurt Texas one bit. fort to bring modern information tech- share a border 320 miles long, BILL and When I think of our country and BILL nology into all aspects of health care, I share a bond as Senators, party lead- FRIST, I think of lower tax rates, I and to end the enormous human and fi- ers, and, yes, as friends. I can see that think of two Supreme Court Justices, I nancial costs caused by medical errors all of our colleagues on both sides of think of a record number of judges who and by the needless administration of the aisle feel the same way I do. It is would interpret the law, rather than health care with outdated paper sad to see you leave. You have done a make it up as they go along. I think of records. He has also helped shine a magnificent job. People come and go in the personal imprint of Senator FRIST bright line on the serious problem of the Senate over the years and, can- on the prescription drug Medicare ben- health disparities in our country. didly, I guess some of them didn’t efit millions of Americans need and are He has inspired each of us with his make a whole lot of difference. But you enjoying, and I think of the $15 billion commitment to addressing the horrific did, and you will be remembered with generous gesture of this country to- tragedy still unfolding in the world, es- great pride by all of us. Thank you for ward Africa to combat HIV/AIDS, pecially in Africa, because of AIDS. He your service. which would not have happened were it has dedicated himself to this issue for (Applause.) not for BILL FRIST. years, giving of himself personally, and The PRESIDING OFFICER (Mr. When I think of BILL FRIST and Ten- urging Congress to act more expedi- COLEMAN). The Democratic whip. nessee, I think of our new TVA board tiously. He made time to continue this

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.072 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11433 missions of mercy, even after he be- were not quite presented to the people place it in front of you, and then you came majority leader, and I was deeply as accomplishments or as big accom- will do it and it will be something big touched by it every time. plishments, as they are. But if there is and exciting for America and for our I have had the good opportunity to anybody interested in searching the people, probably more exciting than meet his family, and I know, as others RECORD during his term and during his you did here, so that will be a third have said, where his values come from leadership period to see what he ac- one—one, the heart transplants and all and how committed he is to them. I complished, I believe you will have to that, one here with us, and then you hope he’ll be able to enjoy more time end up saying there was nobody during will have a third one. In the meantime, with them now without the burden of his time here who accomplished more you can do a lot of duck hunting, no running the Senate. for his State and for the country. I be- problem with that. You can probably We wish BILL FRIST the best as he lieve an in-depth search of what he has go with me, if you want. But if you prepares to leave the Senate. We know done may even rival the best, even shoot too well, I won’t bring you any- he will have great success, and we though he does not know how to legis- more because it is embarrassing. It has thank him for his service to our coun- late, and there is no question about to be sort of a modest hunt, not so su- try. We will miss the majority leader, that, and he does not know how to ap- perb that I am embarrassed. So we will but we know he will continue to use his propriate, and there is no question have to work that out some way. And immense talent to make a very real about that. He might not even know your son—he can’t come anymore be- difference for all humanity in the years how to bring an appropriations bill up, cause he shoots too well. It is truly not ahead, and continue to make us proud and there might be no doubt about the right thing to do. He should not be to call him our friend. that. He may doubt it, but this Senator hunting with an old man like me. No The PRESIDING OFFICER. The Sen- doesn’t, and I am his best friend, but I way. But if it happens, we will accom- ator from New Mexico is recognized. have great doubts whether he knows modate it some way. Mr. DOMENICI. Mr. President, I how to get an appropriations bill up Having said all that I should and wanted to say a few words before the and passed. much more, I will say goodbye and leader left. I even hate to call him But I still believe the business of the thank you. leader or majority leader. He has be- Senate is not done in those very overt Mr. FRIST. Mr. President, I suggest come a great friend. I don’t know how ways that people think. It is done as the absence of a quorum. to explain it, but I didn’t really think you sit down for long hours on a con- The PRESIDING OFFICER. The coming to the Senate that I would have ference report and come out with a clerk will call the roll. a chance to meet somebody like our health bill that all of a sudden is better The assistant legislative clerk pro- good departing leader. I have met all than anything we have had before. ceeded to call the roll. kinds of people here. Henry Bellman When you find out who did it, it might Mr. BOND. Mr. President, I ask unan- once said: If you sit down with all 100 not have been named for the Senator or imous consent that the order for the of them, no matter what you have said for the chairman of this or that, but quorum call be dispensed with. about criticizing them, there are no you will find out that for many hours, The PRESIDING OFFICER (Mr. better 100 men put together in America many trips were taken to his office, CORNYN). Without objection, it is so or- than the 100 Senators who serve. I be- and many times, he said: Wait and we dered. lieve that is true. I am wondering now will do it in the morning, and I will tell JIM TALENT about whether the Senator wouldn’t you how to do it. And that happened. Mr. BOND. Mr. President, I rise on rival military leadership. I could go on for much longer, but I the floor to pay tribute to my very But the point is, I didn’t think BILL— really wanted him to know that I just good friend and colleague, Senator JIM I know we can’t do that in the Senate, waited for my time. Being the fifth or TALENT, who will be leaving the Senate use first names—but I didn’t think I sixth eldest here in seniority, I waited next month. would ever meet in the Budget Com- for my time here, and I didn’t want to I have known JIM for over 20 years, mittee of the U.S. Senate—sitting in wait until tomorrow or the next day in since he was minority leader in the the very last seat available was this fear that I would not find time or that Missouri House of Representatives. man whose name is so simple, but I had the Senate would not accommodate. So Throughout all these years, when he so much trouble with it. Do you re- I thought I would, as usual, be late for was in the State legislature and in the member? I didn’t say ‘‘FRIST,’’ I kept a next appointment, but I have a good House as chairman of the Small Busi- saying ‘‘First.’’ I don’t know why, but excuse for being late for this next one. ness Committee when I was chairman I did that for a long time, and then it I had to come here and say goodbye of the Senate Small Business Com- became sort of a—people would come in a very interesting way, although it mittee, I found JIM to be unfailingly a up and punch me so I would say it is not a goodbye. But I do think it is man of honesty, integrity, and hard right. But whether it is ‘‘FRIST’’ or true that this will be a very major work. He has been a wonderful friend ‘‘First,’’ I guess they mean about the change in our friendship, in the way we and colleague. same thing to me. You are truly first. react to each other, and the time we I am going to miss him very much, What we have gone through person- get to spend with each other. So it is and many people in Missouri are. ally will not be reflected in the an occasion, this leaving of the Senate, We all know that Washington can RECORD. People know I have had a few because you won’t come back very change a person, but it hasn’t changed years of illness. It is mostly gone now. often. Even though you say you will, JIM. JIM still has the same common- But I found out he was a superb doctor, you won’t, and we won’t get to see you. sense Missouri values he brought with and eventually I found out there I really believe we will remember you, him to Washington. He still has the weren’t too many better anywhere. and probably we will call you more same calm, polite demeanor. He still That made it easy because I had a times than you will call us because I has strong convictions and a work ready-made doctor and he was the best. think we may just from time to time ethic. As I said to our folks back home And we would meet in his office, and figure out more times than you will in Missouri, in an arena of show horses people would think it was always busi- that we need some advice, and it will he has been a work horse. ness, but they had no idea that it was probably run in your direction, not in I was with him on the night he got half business, a little bit family—we ours, in the ensuing years. the news that he lost the campaign. He got to know each other’s families, and Good luck in whatever you do. It is was a man of unfailingly good humor what a terrific and exciting thing that not going to be this little return to and courage. And still, he thanked his was for me—and I got to know about being a country doctor, if that is what Lord, his friends, and graciously ac- his excellence as a doctor. you are saying. You can’t sell me on cepted his fate. It will be a different Senate, there is that. You are not going to be a little I have a feeling and hope that public no question. country doctor; you are not even going service will see much more of JIM TAL- You have been dealt some cards that to be a regular doctor. You are going to ENT somewhere, sometime. And what- are not right. The years you were here, do something much bigger than that. It ever he decides to do in the public or in the things that were accomplished is just waiting. Somebody is going to the private sector, the qualities he has

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.074 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11434 CONGRESSIONAL RECORD — SENATE December 7, 2006 demonstrated to so many of us in the of us who have been working to change the hopes and aspirations of people Senate will be one he will carry with the law so that small business employ- throughout the world. him. ees and their families will have access We must understand the importance He served in the Senate for only 4 to the same kind of insurance benefits of this issue very clearly, without the years, but when you look at his record that employees of major corporations distortions of ideology, politics, expe- of legislative achievements, he has had have will not give up the fight. We are diency, or wishful thinking. Like it or so many positive impacts on people’s going to continue with his great lead- not, the progress of the international lives. It is hard to believe he could ership in mind. order towards peace and democracy de- cram all of that into 4 years. I am sure the next Congress will fol- pends on the reality and perception of He has been a leader on national se- low up. This idea should be central to American power. Like it or not, Amer- curity, energy, and criminal justice. any discussion of expanding health ica is the first defender of freedom in As a member of the Senate Armed care coverage to the uninsured. the world and therefore always a prime Services Committee, JIM worked to ex- JIM, as we prepare to say goodbye to target for those who hate freedom. And tend production of the C–17 line, allow- you now from this floor, thank you for like it or not, while there are many ing 30,000 workers across the country your years of devoted service to our tools in the basket of western diplo- to keep their jobs, and more impor- State, to our Nation. With heartfelt macy, the underpinning of them all is tantly to give our military strategic gratitude, on behalf of my wife Linda an American military establishment lift capability which they need to move and I, we wish you, Brenda, and your which the world knows is capable of troops and equipment to very difficult children the very best in future endeav- swiftly, effectively and at minimal cost to reach places. ors. And I know for a fact that there defeating every substantial threat to JIM also cares about our troops in will be great successes ahead. our security and to our freedom. battle. He sponsored legislation to end I yield the floor. Judged by this standard—the only predatory lending to active service- APPROPRIATE LEVEL OF MILITARY FUNDING appropriate standard—the situation is members and their families. The new Mr. TALENT. Mr. President, my very grave. I have substantial doubt— law just took effect 6 weeks ago. Some great friend and colleague from Mis- as good as the men and women are— of our soldiers were paying almost 400 souri has an Intelligence Committee whether our current military establish- percent interest on money loaned to meeting to go to. So he went ahead and ment is strong enough. Because of deci- sions over the last 15 years driven more them. Thanks to JIM TALENT, the rates did his kind tribute before I give my are now capped at 36 percent. I trust speech, and those who are not aware of by budgetary than military consider- that applies to the Marines as well. that may have thought that maybe ations, our Army and Navy may well be too small, and much of the equip- Last year, JIM worked very hard to they would be able to get in short trib- include a renewable fuel provision in utes and avoid the long farewell ment in all the services is too old and the Energy bill. On a bipartisan basis, speech. That is not true. increasingly unreliable. Whatever the current status of the under his leadership, the United States I will devote my time to a sub- military may be, there can be no doubt will produce up to 71⁄2 billion gallons of stantive and very important subject— that without a substantial increase in renewable fuels with ethanol and bio- the appropriate level of funding for procurement spending beginning now diesel. That will be implemented by America’s military. It is an issue that and sustained over the next 5 to 10 2012. I have worked on and fought for since years—an increase, I suggest to the JIM’s work in this area will only be- I went to the House of Representatives Senate today, that must be measured come more important as we see in the in 1993. not in billions but in tens of billions of future America continuing to face high I am grateful for my friend’s re- dollars above current estimates every energy costs and our attempt to reduce marks, and I want to say that I have year—our military will be set back for our dependence on foreign oil. always enjoyed serving in legislatures, a generation. We will not be able to Another accomplishment JIM will be in part because of the collegial nature modernize our forces to the degree nec- known for is something which is ex- of the service. When you are done, essary to preserve our security with tremely important in our State of Mis- yes—it is the legislation that you the necessary margin of safety. souri, and this work—again on a bipar- worked on that you want people to re- I said that our current military is tisan basis with the Senator from Cali- member, but what you remember are too small and inadequately equipped to fornia—was to fight meth. Meth is a the friendships and the associations execute the national military strategy. drug that has been destroying lives and and the bonds that you have made. I will not go into detail on this point communities across our State for many And, fortunately, those do not end with because my main focus is on the fu- years and now even across the country. your service. I look forward to con- ture, but a brief explanation is war- The Combat Meth Act has helped tinuing to visit with my friends in the ranted. The world is, on balance, at stop the supply of meth ingredients to Senate for years to come. I hope to be least as dangerous today as it was at dealers through the ban on over-the- able to work with them in other venues the end of the Cold War. And we may counter sales. You see a significant re- on issues of importance to America. thank God we are no longer in danger duction in meth lab busts. It shows Nothing is more important for America of a massive nuclear attack from the that we are finally beginning to make than her security. former Soviet Union, nor is a major progress against this drug. Mr. President, America has the most land war in Europe likely. Obviously, I have to mention his capable military in the world by a Against this, however, we are en- other bipartisan successes, such as the large margin; in fact we have the best gaged in a global war on terror that sickle cell disease bill and the Emmett military that has ever served any na- will continue for years to come. The Till bill. tion at any time in human history. We end of the Cold War led to the emer- On a narrow focus, JIM and I have should be proud of that; we should es- gence of dangerous regional conflicts, worked together on many transpor- pecially be proud of the men and such as the conflicts in the Balkans. tation and economic development women who make America’s military We are in greater danger today of a projects to serve our State of Missouri, what it is. But it would be wrong for us rogue missile attack than ever been be- including the Liberty Memorial in to believe that because our military is fore, and China is emerging as a peer Kansas City, the Page Avenue Exten- the best in the world or even the best competitor much faster than anyone sion in St. Charles, and countless oth- ever, that it is as capable as it needs to believed. ers throughout the State. be. True, America is many times These conditions either did not exist, I should also mention that my friend stronger than other nations, but its re- or like the conflicts in the former JIM TALENT has put forward some ter- sponsibilities are many times greater Yugoslavia, were suppressed, during rific proposals that he has been work- as well. If Denmark’s military is inad- the Cold War. As a result, the oper- ing on that have been enacted. His ef- equate, it doesn’t matter that much, ational tempo of our conventional fort to allow small business employers even to Denmark; if America’s mili- forces—and that means the rate, inten- to pool together to form association tary is inadequate, it matters tremen- sity and duration of their deploy- health plans comes to mind, and those dously, first to America, but also to ment—was far higher beginning in the

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.081 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11435 mid-1990s, even before September 11, 10 years, the services are scheduled to plan will require billions more each than it had ever been during the Cold bring online the new platforms that year to execute. Both the Congres- War. Yet at the beginning of the 1990s, will anchor American security for the sional Budget Office and the Congres- our forces were 30 to 40 percent bigger next generation. No one can say these sional Research Service agree. In any than today. For example, the active- programs are unneeded. The Navy must event, I say on my oath as a Senator, duty Army was cut from 18 divisions at buy new destroyers, must ramp up pro- that it will be utterly impossible, at the time of Desert Storm to only 10 di- curement of Virginia-class submarines, current levels of defense spending, for visions by 1994. Don’t we wish that we must finalize the design and buy large the Navy to reach and sustain the $13.3 had those additional divisions today to numbers of Littoral Combat Ships and billion figure, to say nothing of the relieve the pressure in Iraq. The Navy design and build a new CG–X cruiser. even higher sums required in the out- has gone from 576 ships in the late 1980s The Air Force must buy large num- years of the 5-year defense plan and be- to 278 ships today. bers of the F–22. That is our new air-su- yond. At the same time, procurement budg- periority fighter. We must maintain Beginning no later than 2009, there ets have been cut substantially, far the ability to have complete air superi- will be a growing shortfall in the ship- greater than the cuts in force structure ority over any combat theater. The Air building accounts, in addition to an an- warranted. The contrast in the average Force must buy large numbers of Joint nual shortfall of $1 billion to $2 billion annual procurement of major equip- Strike Fighters or equivalent aircraft. in Navy aviation procurement. I expect ment from two periods—1975 to 1990 and In addition, the Air Force must buy the total deficiency to be no less than from 1991 to 2000—is startling. For ex- out its airlift requirement. That is how $45 billion over the fiscal year 2008 to ample, we purchased an average of 78 we transport personnel, equipment and fiscal year 2016 period; and remember, scout and attack helicopters each year supplies from one place to another in this assumes that the 313-ship Navy is from 1975 to 1990, and only 7 each year the world. It must build a new genera- sufficient to protect American secu- from 1991 to 2000. We purchased an av- tion of tankers, must design and build rity, an optimistic assumption. Lest the Senate get lost in all the erage of 238 Air Force fighters each a long-range strike bomber to replace figures, let me sum it up this way. The year from 1975 to 1990, and an average the B–52. Our B–52 inventory is 45 years Navy, responding to budgetary pres- of only 28 each year from 1991 to 2000. old. sure, has formulated a plan for a 313- The Army must rebuild, modernize or We purchased five tanker aircraft each ship Navy in the future which, frankly, replace almost its entire capital stock year from 1975 to 1990, an average of may be inadequate; the Navy estimates of ground combat and support vehicles only one per year from 1991 to 2000. a figure for funding the plan which The implications for these dramatic including many of its tanks. independent authorities, using long- reductions are profound. Older plat- The current procurement budget for term historical cost data, believe is far forms—that is what the military calls all three services is $80.9 billion. Sim- too low. And yet without substantial ships, planes, and vehicles—are rather ple budgetary mathematics tells us increases in the Navy’s procurement tired and not replaced, which means that the services cannot possibly meet budget, it is a dead certainty that even their crucial requirements without an that force structure is reduced. Mili- that figure cannot be sustained. tary capabilities are reduced. If plat- average budget over the next 5 to 10 As a practical matter, the expected forms are not replaced, the average age years that I estimate is at least 30 bil- shortfall means the sacrifice of two to of the fleet increases, readiness levels lion dollars higher than what we are three attack subs and two to three sur- drop, and the cost of maintaining the now spending. face combatants, a reduction in pur- Perhaps I have gone into more detail smaller, older inventory climbs rapidly chases of the Littoral Combat Ships, than the Senate is willing to indulge because maintenance costs increase. and delays to the Sea Basing Program me in already, but I want to look in For these reasons, I suggest that the and the new CG–X Cruiser Program, some depth at the situation of the current force today is too small and its which is necessary for missile defense. equipment too old, relative to the re- Navy. Here I speak from what I know The short of it is that the Navy needs quirements of our national military because I have been the chairman of at least an $8 billion increase per year strategy. That strategy calls for a mili- the Subcommittee on Seapower for the in procurement above current esti- tary capable of defending the home- last 4 years. Currently, there are 278 mates. The Marines need about $3 bil- land, sustaining four peacekeeping en- ships in the U.S. Navy. The Navy ship- lion more. It is not necessary to go gagements, and fighting two large- building plan calls for 326 ships by the into the same level of detail with re- scale regional conflicts, at least, at ap- year 2020, eventually settling down to gard to the budgetary picture for the proximately the same time. We are an average of 313 ships. The plan actu- other services. The pain has been supposed to be able to do all that at ally calls for fewer aircraft carriers, a spread fairly evenly across the service, once. I believe the requirements of our substantial drop in attack submarines, so they are in roughly in the same situ- military are actually greater than this, and fewer major surface combatants, ation. That means a procurement but in any event, we cannot execute but it attempts to make up for these shortfall over the next 10 years of at even these commitments, and we cer- reductions with modern destroyers, least $30 billion per year adjusted for tainly will not be able to do so in the more capable submarines and what it inflation. Most independent experts be- future, within an acceptable level of calls pre-positioning ships that allow lieve the number is far higher. risk, unless at least the Army is made us to establish sea bases, from which to For example, the CBO estimates that bigger and unless all three services project forces ashore, as well as a the overall defense budget shortfall have the money to robustly recapi- whole new class of smaller multi-mis- will be no less than $52 billion per year. talize their major platforms with the sion modular vessels called Littoral We should add to this the fact that the most modern equipment. Combat Ships. There is no margin active-duty Army is clearly too small, For years, the various services, in re- whatever for error in this plan. It is, at as we have learned in Iraq. Even in an sponse to pressure from political au- best, the minimum necessary for our age of transformation and nonlinear thorities to reduce the budget below security. battlefields, there are still times when what they needed, have delayed or can- The Chief of Naval Operations—that America needs to put large numbers of celled new programs. They have been is the admiral who leads the Navy—has boots on the ground, particularly in reducing the number of new ships or estimated the plan will require a ship- the post-September 11 period. The planes they say they need, kicking cru- building budget of $13.3 billion for fis- United States needs the ability to cial decisions down the budgetary road, cal year 2008, the upcoming budget carry on sustained, large-scale peace- robbing Peter to pay Paul, and other- year. That is $5 billion more than what keeping or low-intensity combat oper- wise trying to avoid confronting the was spent this year on ship building. ations, without having to send the approaching funding crisis. His plan calls for that figure to esca- same units three or four times to a That crisis is upon us now. We are late to $17.5 billion by 2012. I believe combat theater over the duration of a entering the crucial phase of recapital- these figures are too conservative. It is mission. A nation of our size and ization. Beginning with the next budg- a good-faith effort to calculate what we strength should not have to use essen- et and intensifying over the next 5 to need but too conservative. I think the tially its whole active-duty Army,

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.083 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11436 CONGRESSIONAL RECORD — SENATE December 7, 2006 much of its Marine Corps, and many of going to supply the additional funds. mission, and it also performs the mid- its Reserves to sustain 130,000 troops Those are highly speculative. They will air refueling mission. Normally, the over time in a combat view. not occur, if at all, for many years, and Air Force would simply buy more C–17 In 1992—which was right after Desert they are unlikely to be more than a aircraft. It is a perfectly good, modern Storm—the Defense Department stated billion dollars per year. cargo aircraft. Then the Air Force a requirement of 12 Active-Duty Army Some say we can save money by re- would design and procure a new tanker. divisions. That was before the in- ducing congressional earmarks or addi- But because the service is under tre- creases in operational tempo of the tions to the defense budget, and within mendous pressure to save money, it has 1990s and before the global war on ter- limits that is true. But the total of decided to develop a cargo-tanker, ror. The Army should surely be at least such earmarks is no more than $3 bil- combining the two missions into one 12 divisions today. It costs approxi- lion to $4 billion per year. Realisti- aircraft. The service assures us that it mately $2 billion to stand up and sus- cally, Congress is not going to give up is not going to have any bells and whis- tain an addition to the Army or Marine all of them, and at least some number tles on the new plane, and the aircraft Corps of division strength so we need of them are clearly justified because will be low in cost. to invest $4 billion per year in in- they simply restore to the budget Surely, the concept of a cargo-tanker creased force structure for the Army, items that our service chiefs des- allows the Air Force to claim that it in addition to the $30 billion more in perately wanted and omitted only be- will be able to perform both of these new procurement funding. cause of budgetary pressure. missions while relieving some of the So to sustain our military over the Still others will say we can get the pressure on its budget. But, again, re- next generation at the appropriate necessary additional funding by low- ality must and will eventually bite. As level, we need to increase procurement ering the cost of new programs through requirements build and changing tech- spending and spending on the size of procurement reform. I am all for pro- nologies force changes in design, the the Army by about $34 billion per year. curement reform. I have been for it odds are very high that the cost of the And that is above current baseline esti- ever since Secretary Bill Perry, who new aircraft—if it is to do the com- mates. It would have to be sustained was a great Secretary of Defense, pro- bined mission it is supposed to do—will over the life of the current defense plan posed it over 10 years ago. We have had go up substantially. and beyond. several waves of procurement reform The problem of cost is exacerbated by I want to emphasize that this is, of since then. Several Defense Secretaries the stress on the defense industrial necessity, a ballpark figure. It is al- have all championed its virtues. We base. Procurement budgets have been ways difficult to predict precisely the continue to hold oversight hearings to too low for 15 years and because of cost of new programs—some of which pressure the defense industry to lower budgetary pressured they constantly are in the design phase, particularly costs. We keep trying to catch people change. The Department regularly given the uncertainties associated with in the Department who might be vio- projects what it intends to procure in developing technologies. We will be ac- lating procurement regulations. I have the outyears of its defense plan but quiring this equipment over the next 10 chaired some of those hearings. then often makes last-minute cuts and to 20 years and needs in technology are Meanwhile, the cost of new programs changes. going to change. We must confront the keeps going up. I suggest the reasons Under those circumstances, it is no fact that whatever the necessary have less to do with deficiencies in the surprise that contractors are not in- amount turns out precisely to be, the procurement system, bad as it is, than vesting sufficiently in the defense in- procurement budgets we are projecting with the stress on the industrial base dustrial base. It is shrinking, and it is today are fundamentally inadequate. and on the military caused by the undercapitalized. That means fewer We have to ramp up spending. We must budgets that are consistently too low competitors, more sole-source con- begin now. And we have to accept the and unstable. tracts, less research, and, therefore, fact that it will not be cheap. One of the arguments supporting re- higher costs. No amount of oversight, I, also, want to make clear that this ductions in force in the past has been reform, or pressure on procurement of- additional $34 billion must come from that transformational technology and ficials can change that. an increased overall defense budget. tactics can empower the military to do The good news is that a robust and There may be some who say that it is more with less. The idea is to make consistent commitment to adequate possible to cannibalize the rest of the each servicemember, each plane, ship, funding would soon begin to reverse defense budget to produce all or most and vehicle less vulnerable so we lose these trends. Again, I am all for im- of this additional procurement funding. fewer of them, and more lethal so we provements in the way we design and That is a dangerous fantasy. The need fewer of them. Within limits, that build new systems, and those improve- money cannot come from the supple- is sometimes true. But the best tech- ments can save money. But they can- mental appropriations bills. Those are nology costs money, and changing not work miracles. Sufficient and sta- necessary to pay the day-to-day costs technology, tactics, and doctrine ble funding is not only consistent with of the war and may not have been ade- makes it more difficult to fix stable re- transformation and efficient use of the quate to do that. The money cannot quirements. Program instability costs taxpayers’ dollars, it is necessary to come from reducing the readiness money, too. both. If Congress were to commit to budget because that budget is over- Here is an example. The Navy origi- my proposal, for example, the service stressed already. It cannot come from nally planned to procure 32 DD(X) chiefs and the defense industry would reducing the number of service per- next-generation destroyers. The ship know that substantial new money was sonnel because the military is already has a truly advanced design. It is a coming—enough to make it at least too small. It can’t come from reducing marvel of transformational tech- plausible they could produce and ac- salary and benefits. We have to retain nology. But its unique capabilities quire the systems they need. They the best people. Besides, Congress is far have driven the per ship cost to about could budget for the long range, know- more likely, and properly in my view, $3 billion. As a result, the Navy plans ing that funding would be stable. They to increase personnel benefits rather to procure only seven new destroyers. could work together in a way that than reduce them. Take a look at the The problem is that the complexity of would reduce costs instead of trying to last 7 years. Total spending on defense the ship’s design, the unprecedented pull money away from other services or health care, for example, increased capabilities of the vessel, and the high maneuver year to year just to keep from $17.5 billion in fiscal year 2000 to price of the best technologies, have all vital programs alive, and often, in a $37 billion in fiscal year 2006—an in- driven up cost to the point where the way, that ends up costing the tax- crease of more than 100 percent over ship is impossible to procure in suffi- payers more in the long run. the last 7 years, appropriately so. cient numbers at current budget levels. We must stop thinking that facing The men and women of America’s Another example, the Air Force des- reality and funding our military ade- military deserve good salaries and ben- perately needs more air lift, and it also quately is beyond the reach of this efits, and so do those who are retired. needs a new tanker aircraft. The Air great Nation. Yes, the Federal Govern- The savings from base closing is not Force shoulders much of the mobility ment has fiscal problems. Yes, the two

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.084 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11437 major parties have very different views Democratic House and Republican Sen- kind enough to mention. I just ask the on what to do about those problems, ate, he secured two double-digit in- Senate to indulge me for another mo- but nobody can or does claim that the creases in the overall defense budget, ment or two because I am going to read defense budget is the cause. and reasonable increases for several their names. I think they deserve it: Right now, we are spending 3.8 per- years thereafter. On the strength of Mark Strand, my chief of staff; cent of our gross domestic product on that bipartisan commitment, Amer- Cortney Brown, my scheduler; Les the regular defense budget. That is a ica’s service men and women and Sealy, our great office manager who al- very low percentage historically, far America’s defense industrial base ways got us what we needed; Brian An- less than we spent at any time during transformed our military into the derson, our IT manager. I am glad he the Cold War. Under President Carter, truly dominant force that fought and understood it because I never do. we spent 4.6 percent of the GDP on na- won Operation Desert Storm. I thank our legislative staff: Brett tional defense. A united government sent the mes- Thompson, legislative director; Faith If we spent only 4.2 percent now, we sage to friend and foe alike that what- Cristol, our great legislative counsel; could easily fund what I have proposed. ever our differences about foreign pol- and my legislative assistants: Lindsey We would have a fighting chance to icy, America was still willing to pay Neas, Katie Smith, Heath Hall, Jesse support our service men and women the price of freedom. It is not too much Appleton, Katie Duckworth, Chris- with the equipment they need and de- to say that the decisions made in 1981 topher Papagianis, Shamed Dogan, and serve. We could sustain the military and 1982 laid the basis for the collapse John Cox, who works so hard and so power that the last two Presidents of the Soviet Union, the success of Op- well on veterans issues, a man who has have used to protect our freedom and eration Desert Storm, and the benefits served this country in many different stabilize the post-Cold-War world. We of peace and security that we enjoyed venues; Andy Karellas, Martha would send the clearest possible mes- throughout the 1990s. Petkovich, and Sarah Cudworth, who sage to both our friends and enemies, With this speech, I bring my career did legislative correspondence, grants and to those nations who are deciding in the Senate to a close. I believe I can and case work; Peter Henry, who man- now whether they are going to be a do no greater service to my country aged the mail; Sarah Barfield, my staff friend or enemy, that whatever hap- than to urge Senators not to be dis- assistant; two great Navy Fellows: pens, whatever the direction our for- suaded by the counsels of those who CDR Dan Brintzinghoffer and LCDR eign policy takes, the United States say that what I have proposed cannot Lori Aguayo, two patriots and both has the ability to sustain our freedom be done. outstanding officers; and Mark and the hope of freedom for the world. At the beginning of my remarks I Hegerle, my Energy Fellow who came To those who worry about the price stated that America’s service men and over from the Federal Energy Regu- of strength, I say there is a greater women are the finest who have ever latory Commission just in time to help price to be paid for weakness. How served in any military on behalf of any me make a real difference on the En- many conflicts will we invite, how nation at any time. I should have in- ergy bill. much instability will we engender, if cluded their families as well. I realized I want to thank our press shop: Rich we allow this restless and troubled that when today, just a few hours ago, Chrismer, my great communications world to doubt America’s ability to de- I had the privilege of meeting with director; Erin Hamm, and Andrew fend herself? Dana Lamberson and her two children, Brandt. Let’s look at the risks of alternative Kelsi and Evan. Casework—we handled over 10,000 courses of action. If we adopt the Mrs. Lamberson’s husband, SFC Ran- cases. I am a big believer in casework. course I suggest, and it turns out that dall Lamberson, was killed in Iraq only This is a big government, and navi- I was wrong, all we will have lost is a 8 months ago. Mrs. Lamberson told me gating it is hard, and if we could help, fraction of our wealth wealth that that before her husband deployed, their we wanted to help. I thank Nora would be spent in this country on prod- family openly discussed the sacrifice Breidenbach, Jenny Bickel, Abby ucts produced by our workers, for a which he, and they, might be called on Pitlick, Debbie Dornfeld, and Jessica margin of safety that, in the end, we to make. I asked her how she was able Van Beek. did not need. But if we stay on our cur- to bear her grief with such grace and And the State staff, we always tried rent course, and it turns out that I was fortitude. She told me that when she to integrate the work of the State staff right, how much will we pay then in was tempted to be discouraged, she re- and the Washington staff, and I think lost lives and treasure, fighting in con- membered what her husband had al- we did it. I thank Gregg Keller, our flicts that a policy of strength would ways said when times were tough: that State director; in St. Louis: Kacky have deterred? ‘‘life is only as difficult as you make Garner, my district director; Peggy How big will the deficit become then, it.’’ Barnhart; Rachel McCombs; and Angel in a world made less stable by Amer- Mr. President, I have met thousands McCormick Franks; in Kansas City: ican weakness? What effect will that of Americans over the last 4 years like Joe Keatley, my great district director; have on the economy, and not just the the Lamberson family, not just soldiers Danny Pfeifer; Emily Seifers; Greg economy, but on the hopes and oppor- and their families, but people from Porter; and Erick Harris; in Jefferson tunities of the next generation—our every walk of life, who live each day City: Donna Spickert, who was the children and our grandchildren—who with courage, resilience, and optimism. State capitol director; and Becky Al- have the right to expect that we are Because of them, I believe with all my mond, my instate scheduler, as well as looking out for them? heart that America’s time of leadership a great staff assistant; in Springfield: Twenty-five years ago, our country is not done. Terry Campbell, the district director; was also in a difficult situation. Our I ask the Senate to honestly face the Christopher Stone; and Coriann Gastol; enemies doubted American resolve. true cost of defending this Nation. If and in Cape Girardeau: Jeff Glenn, who They were challenging us on a number we do, if we carry that burden with directed that office; and Liz Mainord. of fronts. We had just gone through a confidence, we will find the weight of it I also want to thank, as other Sen- period of chronic underfunding of the to have been a small thing compared to ators have done, my family, my wife, military, probably worse than what has the blessings of peace and liberty we obviously, in particular, who has happened recently. As a result, the will secure for ourselves, and the hope shared the highs and lows of this job, force was hollow, unable to reliably we will give to freedom-loving people and my wonder kids. perform the missions necessary to pro- all over the world. Mr. President, it remains only for me tect America. That is why the tragic Mr. President, I cannot close without to thank my colleagues in the Senate Desert One mission went so wrong in thanking my dedicated staff who for the many kindnesses, personal and the desert during the Iranian hostage served the people of Missouri so well professional, which they have shown crisis. over the last 4 years, who have kept me me and my family over the last 4 years. When President Reagan assumed of- going, kept me on time, who are large- Mr. President, I yield the floor. fice, he faced the situation squarely ly responsible for the many pieces of The PRESIDING OFFICER. The Sen- and honestly, and with the support of a legislation which Senator BOND was ator from Pennsylvania.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.085 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11438 CONGRESSIONAL RECORD — SENATE December 7, 2006 Mr. SPECTER. Mr. President, I have It is not unknown in our body to oc- where there are judicial emergencies. I sought recognition to discuss a number casionally defer some of the more con- think that from time to time we in the of matters briefly. troversial positions. But Senator Senate, where we have the responsi- HONORING SENATORIAL SERVICE SANTORUM didn’t do that. He spoke his bility for confirmation, don’t really BILL FRIST mind and he spoke his heart. Those are take seriously enough the impact of ju- First, I want to join my colleagues in rare qualities in public life and public dicial vacancies. The courts are busy. paying tribute to our majority leader, service and in politics. For that, I sa- The Third Circuit, my circuit, is over- Senator BILL FRIST, who has done such lute him. whelmed. District Court Judge Jordan an outstanding job in the past 12 years. On a personal level, RICK and I have ought to be confirmed. My colleagues Senator FRIST came to this Senate as had a superb relationship, not only pro- have told me about the problems posed a real all-American. He has displayed fessionally, not only politically, but by vacancies in their states. If these extraordinary talents, academically, also personally. A more devoted family other 13 districts nominees are not con- professionally, public service, as a fam- man could not be found. He has taken firmed today, they will languish until ily man, as a friend, at Princeton and this turn of electoral results philo- who knows—January turns into Feb- Harvard Medical School, a renowned sophically and in a good spirit. I have ruary and February in March. We al- heart and lung transplant surgeon, had some experience on the losing end ways find a reason around here not to then selected to be the majority leader of elections and, having been there, I do something. That applies most em- and has taken this body through a very say that he has responded with great phatically to the judges. difficult 4 years and a very productive class, with great style. His comment It is my hope that in the 110th Con- 4 years. earlier this week was: Tough on the A great deal has been said about Sen- gress, we will approach judicial con- family, tough on Karen, tough on the firmations a little differently. I have ator FRIST earlier today. I just wanted children, but now they have their hus- to add my personal congratulations to already consulted with Senator LEAHY, band back, and they have their father who will become chairman of the com- him on his service and to wish him back. And he had a big smile and a well. mittee. Senator LEAHY and I have had sense of satisfaction. He spoke to the an excellent working relationship on a RICK SANTORUM caucus yesterday, and he exuded con- bipartisan basis, and the record shows Mr. President, I regret the departure fidence. He exuded personal pride in of my distinguished colleague, Senator it. I don’t have to go into detail about what he had done. I join him in that. that. I have recommended to the White RICK SANTORUM. He has been really a As a colleague, I personally will miss House that the it consult with Senator ball of fire in the U.S. Congress. He was him very much. I know that will be the elected in 1990 to the House of Rep- LEAHY and the Democrats, as well as sentiment of this body, even those with with Arlen Specter, as ranking mem- resentatives, defeating a long-term in- whom he has tangled in a rigorous way. cumbent by literally going door to door ber, and the Republicans. There is a CONFIRMATION OF JUDGES in his district in the Pittsburgh area. limited amount of time. We know what He was elected to the U.S. Senate in Mr. President, I urge my colleagues happens in a Presidential election year. to move ahead with the confirmation 1994, reelected in the year 2000, and has Let us make a determination about of judges. displayed admirable qualities—energy, which judges can be confirmed—judges We have U.S. District Judge Kent determination, confidence, and the who meet the standards and criteria of Jordan, of the District of Delaware, pursuit of his own personal values. President Bush but who also pass mus- who has been nominated to be a judge There is no doubt that Senator ter in the U.S. Senate on both sides of on the U.S. Court of Appeals for the SANTORUM has espoused, articulated, the aisle. We have had vacancies for in- Third Circuit. He has been approved by and pushed causes he deeply believed in terminable periods of time. I have dis- the Judiciary Committee and is ready which may not have been popular in cussed this with Senator LEAHY and for floor action. Nobody has anything many quarters, but he was determined with the White House. to undertake the pursuit of those val- adverse to say about Judge Jordan. He I hope we approach the 110th Con- ues because he believed in them so is endorsed by both of the Delaware gress differently. And before this Con- deeply. I counseled him from time to Senators, both of whom are Democrats. gress adjourns, the 109th, I hope we will time to save some of his philosophy for They have a judicial emergency in the confirm these judges who are on the December of the year 2006. Third Circuit, and he ought to be con- A famous quotation about President firmed. calendar awaiting floor action. Lincoln; he was asked by a little boy, We also have a list of some 13 district EXHIBIT 1 in effect: How do you serve, Mr. Presi- court nominations pending on the exec- utive calendar. I ask unanimous con- JUDICIAL NOMINEES PENDING ON THE SENATE dent? FLOOR He said: I represent my true beliefs sent that the list be printed at the con- and values 90 percent of the time. clusion of my remarks. The following nominees were all re- The little boy said: Well, what about The PRESIDING OFFICER. Without ported out of the Judiciary Committee the other 10 percent? objection, it is so ordered. prior to the October recess. Eight of The famous statement by President (See Exhibit 1.) the 14 nominees on the floor are in dis- Lincoln: So that I can represent my Mr. SPECTER. A good number of tricts where judicial emergencies have true values 90 percent of the time. these nominees are also in districts been declared.

Nominee Position Date Nominated Total Days Pending

Circuit: *Kent A. Jordan ...... Third Circuit ...... 6/29/2006 161 District: Valerie Baker ...... Central District of California ...... 5/4/2006 217 Nora Barry Fischer ...... Western District of Pennsylvania ...... 7/14/2006 146 Gregory Frizzell ...... Northern District of Oklahoma ...... 6/7/2006 183 *Philip Gutierrez ...... Central District of California ...... 4/24/2006 227 Marcia M. Howard ...... Middle District of Florida ...... 6/6/2006 184 John A. Jarvey ...... Southern District of Iowa ...... 6/29/2006 161 *Robert J. Jonker ...... Western District of Michigan ...... 6/29/2006 161 Sara E. Lioi ...... Northern District of Ohio ...... 7/14/2006 146 *Paul L. Maloney ...... Western District of Michigan ...... 6/29/2006 161 *Janet T. Neff ...... Western District of Michigan ...... 6/29/2006 161 *Lawrence J. O’Neill ...... Eastern District of California ...... 8/2/2006 127 *Leslie Southwick ...... Southern District of Mississippi ...... 6/6/2006 184 *Lisa Godbey Wood ...... Southern District of Georgia ...... 6/12/2006 178 *Indicates a Judicial Emergency.

ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT practices of the Department of Justice under a memorandum called the Mr. SPECTER. Mr. President, I in- on the attorney-client privilege where troduced legislation which will modify the Department of Justice, acting

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.086 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11439 Thompson Memorandum by Deputy At- limits designed to preserve the attorney-cli- the United States from accepting, a vol- torney General Thompson, has initi- ent privilege and work product protections untary and unsolicited offer to share the in- ated a policy where requests are made available to an organization and preserve the ternal investigation materials of such orga- to waive the attorney-client privilege, constitutional rights and other legal protec- nization.’’. and if the attorney-client privilege is tions available to employees of such an orga- (b) CONFORMING AMENDMENT.—The table of nization. not waived, then that is considered in sections for chapter 201 of title 18, United SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT States Code, is amended by adding at the end the charges brought by the Federal PRIVILEGE OR ADVANCEMENT OF the following: Government, and also a commitment COUNSEL FEES AS ELEMENTS OF that corporations will not pay counsel COOPERATION. ‘‘3014. Preservation of fundamental legal (a) IN GENERAL.—Chapter 201 of title 18, protections and rights in the fees for their employees whom they are context of investigations and customarily expected to defend. This is United States Code, is amended by inserting after section 3013 the following: enforcement matters regarding an encroachment and a violation of the organizations.’’. sixth amendment right to jury trial. ‘‘§ 3014. Preservation of fundamental legal Because of the limited time and protections and rights in the context of in- vestigations and enforcement matters re- ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT other Senators waiting, I will not OF 2006 elaborate upon the provisions of this garding organizations legislation. ‘‘(a) DEFINITIONS.—In this section: The bill protects the attorney-client rela- ‘‘(1) ATTORNEY-CLIENT PRIVILEGE.—The tionship by prohibiting federal lawyers and I ask unanimous consent that a sum- investigators from: (1) requesting that an or- mary of the bill and the text of the bill term ‘attorney-client privilege’ means the attorney-client privilege as governed by the ganization waive its attorney-client privi- be printed in the RECORD. principles of the common law, as they may lege or work product doctrine; and (2) condi- The PRESIDING OFFICER. Without be interpreted by the courts of the United tioning any charging decision or cooperation objection, it is so ordered. States in the light of reason and experience, credit on waiver or non-waiver of privilege, There being no objection, the mate- and the principles of article V of the Federal the payment of an employee’s legal fees, the rial was ordered to be printed in the Rules of Evidence. continued employment of a person under in- RECORD, as follows: ‘‘(2) ATTORNEY WORK PRODUCT.—The term vestigation, or the signing of a joint defense S. ll ‘attorney work product’ means materials agreement. Be it enacted by the Senate and House of Rep- prepared by or at the direction of an attor- All of the acts and considerations prohib- resentatives of the United States of America in ney in anticipation of litigation, particu- ited by the bill are acts and considerations Congress assembled, larly any such materials that contain a men- that federal prosecutors must factor into SECTION 1. SHORT TITLE. tal impression, conclusion, opinion, or legal any corporate or organizational charging de- This Act may be cited as the ‘‘Attorney- theory of that attorney. cision under DOJ’s Thompson Memorandum, Client Privilege Protection Act of 2006’’. ‘‘(b) IN GENERAL.—In any Federal inves- which is described in more detail below. SEC. 2. FINDINGS AND PURPOSE. tigation or criminal or civil enforcement The bill is appropriately narrow. It allows (a) FINDINGS.—Congress finds the fol- matter, an agent or attorney of the United organizations to continue offering internal lowing: States shall not— investigation materials to prosecutors, but (1) Justice is served when all parties to ‘‘(1) demand, request, or condition treat- only if such an offer is entirely voluntary litigation are represented by experienced ment on the disclosure by an organization, and unsolicited by the prosecutors. The bill diligent counsel. or person affiliated with that organization, also allows prosecutors to seek materials (2) Protecting attorney-client privileged of any communication protected by the at- that they reasonably believe are not privi- communications from compelled disclosure torney-client privilege or any attorney work leged. fosters voluntary compliance with the law. product; Mr. SPECTER. I well understand ‘‘(2) condition a civil or criminal charging (3) To serve the purpose of the attorney- that there will be no action on this client privilege, attorneys and clients must decision relating to a organization, or person have a degree of confidence that they will affiliated with that organization, on, or use matter during this Congress, but I not be required to disclose privileged com- as a factor in determining whether an orga- want to put it into the public milieu so munications. nization, or person affiliated with that orga- there can be comment about it and it (4) The ability of an organization to have nization, is cooperating with the Govern- will be pursued in the next Congress. effective compliance programs and to con- ment— The Department of Justice has advised duct comprehensive internal investigations ‘‘(A) any valid assertion of the attorney- that they are going to revise the is enhanced when there is clarity and con- client privilege or privilege for attorney Thompson Memorandum to a memo- sistency regarding the attorney-client privi- work product; lege. ‘‘(B) the provision of counsel to, or con- randum called the McNulty Memo- (5) Prosecutors, investigators, enforcement tribution to the legal defense fees or ex- randum from the Deputy Attorney officials, and other officers or employees of penses of, an employee of that organization; General. I had hoped we would have Government agencies have been able to, and ‘‘(C) the entry into a joint defense, infor- had it before the Senate went out of can continue to, conduct their work while mation sharing, or common interest agree- session so that we could have reviewed respecting attorney-client and work product ment with an employee of that organization it and perhaps accepted their work, but protections and the rights of individuals, in- if the organization determines it has a com- it is not ready. I have advised Deputy cluding seeking and discovering facts crucial mon interest in defending against the inves- Attorney General Paul McNulty and to the investigation and prosecution of orga- tigation or enforcement matter; nizations. ‘‘(D) the sharing of information relevant to also Attorney General Gonzales that (6) Despite the existence of these legiti- the investigation or enforcement matter this legislation would be introduced mate tools, the Department of Justice and with an employee of that organization; or and we can work on it in the next Con- other agencies have increasingly employed ‘‘(E) a failure to terminate the employ- gress. tactics that undermine the adversarial sys- ment of or otherwise sanction any employee HEDGE FUNDS tem of justice, such as encouraging organiza- of that organization because of the decision tions to waive attorney-client privilege and by that employee to exercise the constitu- Mr. SPECTER. Mr. President, I will work product protections to avoid indict- tional rights or other legal protections of include for the RECORD proposed legis- ment or other sanctions. that employee in response to a Government lation to deal with hedge funds. The (7) An indictment can have devastating request; or Judiciary Committee has had a series consequences on an organization, potentially ‘‘(3) demand or request that an organiza- of hearings on this important subject, tion, or person affiliated with that organiza- eliminating the ability of the organization now $1.3 trillion in the economy, 30 to survive post-indictment or to dispute the tion, not take any action described in para- charges against it at trial. graph (2). percent of the stock transactions. (8) Waiver demands and other tactics of ‘‘(c) INAPPLICABILITY.—Nothing in this Act After reflecting on the matter, I have Government agencies are encroaching on the shall prohibit an agent or attorney of the decided not to introduce the legislation constitutional rights and other legal protec- United States from requesting or seeking but simply to put the draft bill in the tions of employees. any communication or material that such record so that there can be further (9) The attorney-client privilege, work agent or attorney reasonably believes is not comment. I talked about this proposed product doctrine, and payment of counsel entitled to protection under the attorney-cli- legislation earlier this week and had ent privilege or attorney work product doc- fees shall not be used as devices to conceal said that I was going to introduce the wrongdoing or to cloak advice on evading trine. the law. ‘‘(d) VOLUNTARY DISCLOSURES.—Nothing in legislation, but I want to give inter- (b) PURPOSE.—It is the purpose of this Act this Act is intended to prohibit an organiza- ested parties more time to comment on to place on each agency clear and practical tion from making, or an agent or attorney of it.

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.102 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11440 CONGRESSIONAL RECORD — SENATE December 7, 2006 I ask unanimous consent that a sum- (10) Hedge funds enhance market liquidity tential for increased profitability of the ex- mary of the bill and the bill itself be and contribute to pricing efficiency and mar- ercise of stock options or other trading in se- printed in the RECORD. I am not intro- ket stabilization, but these sophisticated in- curities. ducing the bill. I do not look for a Sen- struments should be restricted to wealthy ‘‘(2) PENALTY.—Whoever violates para- investors. Recent hedge fund collapses and graph (1) shall be fined under this title, im- ate bill number on it. But it will be in fraudulent trading activities have harmed prisoned not more than 25 years, or both. the public record, and there will be retirees and smaller investors who increas- ‘‘(c) INVESTIGATIONS OF OFFENSES.— more time for people in the profession ingly are exposed to the risk of hedge funds ‘‘(1) IN GENERAL.—The Attorney General to evaluate and comment upon it. through intermediaries such as pension may, in the discretion of the Attorney Gen- There being no objection, the mate- funds and long term growth and saving vehi- eral, and in no way in limitation of any rial was ordered to be printed in the cles. Requiring registration with the Securi- other authority of the Attorney General— RECORD, as follows: ties and Exchange Commission by hedge ‘‘(A) make such investigations as the At- funds or hedge fund advisers that sell securi- torney General determines necessary to as- S. ll ties to or manage investments of pension certain whether any person has violated, is Be it enacted by the Senate and House of Rep- funds and smaller investors strikes the ap- violating, or is about to violate any provi- resentatives of the United States of America in propriate balance between investor protec- sion of this section; Congress assembled, tion and capital formation needs. ‘‘(B) request or receive, at any stage of an SECTION 1. SHORT TITLE. (b) PURPOSE.—The purpose of this Act is to investigation, evidence concerning such acts This Act may be cited as the ‘‘Criminal ensure effective criminal enforcement of pro- or practices as may constitute a violation of Misuse of Material Nonpublic Information hibitions against unlawful insider trading this section from the Securities and Ex- and Investor Protection Act of 2006’’. and effective protection of the integrity of change Commission, Commodities Futures SEC. 2. FINDINGS; PURPOSE. the securities markets and investors who use Trading Commission, or another Federal (a) FINDINGS.—Congress finds the fol- them by authorizing coordination of inves- agency; and lowing: tigation by civil regulatory agencies and the ‘‘(C) coordinate the investigation and pros- (1) Unlawful insider trading causes a loss of Department of Justice, providing effective ecution of acts or practices as may con- confidence in the integrity of the securities incentives for private citizens to report and stitute a violation of this section with the markets, increases the cost of equity capital, provide evidence of misuse of material non- attorney general of any State or States. and places small investors at a disadvantage. public information, requiring hedge funds to ‘‘(2) NO REQUIREMENT TO DISCLOSE.—The At- (2) Unlawful insider trading and other mis- create and enforce effective compliance pro- torney General and agents of any other Fed- use of material nonpublic information is in- grams and ensure maintenance of records, eral agency have no duty, and shall not be sidious and has become pervasive. The num- and removing exemptions from coverage required, to disclose any contact or inves- ber of insider trading referrals to the Securi- under the Securities Act of 1933, and the In- tigation described in paragraph (1) to any ties and Exchange Commission from the New vestment Company Act of 1940, for hedge person, except under a court order issued on York Stock Exchange has doubled in the funds that choose to sell to and manage in- good cause shown that the sole basis for the past 2 years. vestments of pension funds and retail inves- civil investigation is to assist in a criminal (3) There is a need to increase the prob- tors, unless the adviser or manager is reg- investigation by the Attorney General.’’. istered under the Investment Advisers Act of ability that wrongdoers will be detected and SEC. 5. INCENTIVES FOR PRIVATE CITIZENS TO successfully prosecuted and to decrease the 1940. REPORT AND ASSIST IN THE INVES- opportunity for misuse of material nonpublic SEC. 3. DEFINITIONS. TIGATION OF UNLAWFUL INSIDER information. In this Act— TRADING; PROTECTION FROM RE- (4) Criminal prosecutions and effective (1) the term ‘‘hedge fund’’— TALIATION. compliance programs are the most effective (A) means a privately offered, pooled in- (a) AWARDS.— deterrent to unlawful insider trading and vestment vehicle— (1) IN GENERAL.—The Attorney General of other misuse of material nonpublic informa- (i) that is not widely available to the pub- the United States may award an amount tion. lic; and equal to not more than 30 percent of any (5) Effective criminal enforcement has de- (ii) the assets of which are managed by a fine, penalty, or settlement recovered by the pended on close cooperation and sharing of professional investment management firm or Attorney General to a person who provides expertise and duties of investigation among other fund manager or adviser; and information leading to the prosecution of un- civil regulatory agencies, such as the Securi- (B) does not include a private equity, ven- lawful insider trading, or other violation of ties and Exchange Commission, the Com- ture capital, or real estate fund; and section 1348 of title 18, United States Code, modities Futures Trading Commission, the (2) the term ‘‘qualified purchaser’’ has the (as amended by this Act), the Securities Ex- Department of Justice, and self-regulatory meaning given that term in section 2 of the change Act of 1934 (15 U.S.C. 78a et seq.), or organizations. Certain recent court decisions Investment Company Act of 1940 (15 U.S.C. a related wire or mail fraud. have chilled this cooperation. 80a-2). (2) CONSIDERATIONS.—In making an award (6) Misuse of material nonpublic informa- SEC. 4. MISUSE OF MATERIAL NONPUBLIC INFOR- under this subsection, the Attorney General tion by manipulating the grant dates of MATION. shall take into account— stock options or timing of publication of ma- Section 1348 of title 18, United States Code, (A) the importance of the information pro- terial nonpublic information for purposes of is amended— vided by the person; more profitable trading is a form of unlawful (1) by inserting ‘‘(a) IN GENERAL.—’’ before (B) whether the Federal Government had insider trading that harms investors. Public ‘‘Whoever’’; and some or all of the information provided by companies that adhere to a regular and ob- (2) by adding at the end the following: the person before that person provided that jectively identifiable program for selecting ‘‘(b) MISUSE OF MATERIAL NONPUBLIC IN- information; option grant dates presumptively are not en- FORMATION.— (C) whether the information was provided gaging in fraudulent behavior regarding the ‘‘(1) IN GENERAL.—It shall be unlawful for voluntarily; grant of those options. any person to— (D) whether the person was complicit; (7) The hedge fund industry currently ac- ‘‘(A) knowingly use material nonpublic in- (E) the assistance of other persons; and counts for approximately 30 percent of all formation of a specific nature gained by (F) the amount of the fine, penalty, or set- United States equity trading volume, and means other than research and skill as a sig- tlement from which the award will be paid. this percentage has been growing rapidly. A nificant factor in a trading decision (includ- (3) IDENTITY.—The identity of a person pro- substantial percentage of the open investiga- ing a decision affecting the timing or volume viding confidential information regarding tions of insider trading by the Securities and of trading) in connection with any security unlawful insider trading or related fraud Exchange Commission in 2006 involve hedge of an issuer with a class of securities reg- may remain anonymous, and that person funds. istered under section 12 of the Securities Ex- may still be eligible to receive an award (8) Hedge funds increasingly are making change Act of 1934 (15 U.S.C. 78l) or that is under this subsection, if that person provides loans, participating in private placements, required to file reports under section 15(d) of sufficient evidence to allow the identifica- and sitting on bankruptcy committees and the Securities Exchange Act of 1934 (15 tion of that person as the source of that in- corporate boards. These changes increase U.S.C. 78o) (including trading in options con- formation. hedge funds’ access to material nonpublic in- tracts), regardless of whether such person (4) EXCLUSIONS.—A Federal employee or an formation. Pressure on hedge funds to de- owes a duty to, has an agreement with, or employee of a self-regulatory organization liver high returns may increase the risk of makes a disclosure of intent to trade to the (as that term is defined in section 3 of the insider trading or other misuse of such infor- source of the information; or Securities Exchange Act of 1934 (15 U.S.C. mation. ‘‘(B) knowingly use material nonpublic in- 78c)) may not receive an award under this (9) Light regulation, secrecy, unregulated formation of a specific nature to establish, subsection if the information provided to the recordkeeping, and limited compliance pro- or to otherwise manipulate, the grant date Federal Government was gained in the grams of hedge funds increase the difficulty or strike price of stock options or the timing course of the employment of that person. of detecting and proving unlawful insider of the publication of material nonpublic in- (b) RETALIATION.—A person who suffers re- trading by hedge funds. formation for the purpose of creating the po- taliation because that person, in good faith

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.088 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11441 and with reasonable basis, has provided spe- (5) whether that hedge fund has engaged nomination of Dr. Andrew von Eschenbach cific information about unlawful insider qualified external auditors to audit annual to be Commissioner of the Food and Drug trading to the Federal Government, or has financial statements. Administration. Dr. von Eschenbach brings assisted in a Federal investigation of unlaw- SEC. 7. REGISTRATION OF HEDGE FUNDS THAT an extraordinary record to the FDA as he ful insider trading, may file a private action CHOOSE TO OFFER SECURITIES TO has accomplished a great deal. in a United States district court against the PENSION FUNDS AND SMALLER IN- I am pleased that the Senate invoked clo- person or entity that has engaged in the re- VESTORS. ture on Dr. von Eschenbach’s nomination, taliation, and may recover damages based on (a) SECURITIES ACT OF 1933.—On and after and that the Health, Education, Labor and economic losses resulting from such retalia- the date that is 300 days after the date of en- Pensions committee unanimously supported tion, and attorneys’ fees. actment of this Act, the sale of securities, the nomination of such an accomplished directly or indirectly, by a hedge fund, fund Pennsylvanian. A native of Philadelphia, Dr. SEC. 6. COMPLIANCE AND RECORDKEEPING BY of hedge funds, or manager or adviser of a HEDGE FUNDS AND FUNDS OF von Eschenbach earned a B.S. from St. Jo- HEDGE FUNDS. hedge fund to a pension fund or investor who seph’s University in Philadelphia in 1963, and is not a qualified purchaser shall be a public (a) IN GENERAL.—Not later than 180 days his medical degree from Georgetown Univer- offering for purposes of section 4(2) of the Se- after the date of enactment of this Act, each sity School of Medicine in 1967. He completed curities Act of 1933 (15 U.S.C. 77d(2)). hedge fund, fund of hedge funds, and man- residencies at Pennsylvania Hospital in gen- (b) INVESTMENT COMPANY ACT OF 1940.—On ager of a hedge fund or fund of hedge funds eral surgery and urology and taught urology and after the date that is 300 days after the at the University of Pennsylvania School of that offers securities to, or manages invest- date of enactment of this Act, a hedge fund ments of, residents of the United States Medicine. He also served in the U.S. Navy manager or adviser that manages, directly or Medical Corps with the rank of lieutenant shall— indirectly, the investments of a public or pri- (1) establish a written code of ethics that commander from 1968 to 1971. Dr. von vate pension fund or of any person who is not Eschenbach is a nationally recognized uro- contains provisions reasonably necessary to a qualified purchaser may not be determined prevent misuse of material nonpublic infor- logic surgeon and oncologist, and his distin- to be excluded from the definition of an in- guished career as a leader in the fight mation; vestment company for purposes of the In- (2) design a formal compliance program against cancer spans over three decades. vestment Company Act of 1940 (15 U.S.C. 80a- As Chairman of the Labor, Health and and written policies and procedures that ad- 1 et seq.) based on paragraph (1) or (7) of sec- Human Services, and Education Appropria- dress— tion 3(c) of that Act (15 U.S.C. 80a-3(c)). tions subcommittee, I have worked with Dr. (A) safeguarding of material nonpublic in- (c) APPLICABILITY.—This section shall not von Eschenbach in his capacity as director of formation; apply— the National Cancer Institute (NCI). When (B) misuse of material nonpublic informa- (1) to any hedge fund or fund of hedge Dr. von Eschenbach was president-elect of tion; funds if less than 5 percent of the capital of the American Cancer Society, he was se- (C) the personal securities transactions that fund is attributable, directly or indi- lected by President George W. Bush to head and ownership of employees; rectly, to investments by pension funds or the NCI in December 2001. As director of the (D) employee education and acknowledg- investors who are not qualified purchasers; NCI, he announced in 2003 that his organiza- ment of education; or tion’s goal was to ‘‘eliminate suffering and (E) the role of trained compliance per- (2) to a hedge fund adviser, if that advisor death’’ caused by cancer by the year 2015. sonnel in the monitoring and control of ma- is registered with the Securities and Ex- In 1970, the President of the United States, terial nonpublic information; and change Commission under the Investment Richard Nixon, declared war on cancer and (F) detection and prevention of misuse of Advisers Act of 1940. had that war been pursued with the same material nonpublic information; and SEC. 8. REVISING DEFINITION OF ACCREDITED diligence and resources that we pursue other (3) implement procedures, internal con- INVESTOR AS APPLIED RETAIL IN- wars, I would not have gotten cancer, my trols, and recordkeeping systems adequate to VESTMENT IN HEDGE FUNDS. former chief of staff, Carey Lackman would A hedge fund may not charge a perform- ensure compliance with the code, program, not have died of cancer, a good friend of ance fee, if more than 5 percent of the assets policies, and procedures described in para- mine, Paula Kline, wife of Tom Kline, my under management of the hedge fund are graphs (1) and (2). former law partner, and my good friend Fed- owned by persons whose net worth, or joint (b) PENALTY.—Any hedge fund, fund of eral Judge Edward Becker would not have net worth with the person’s spouse, is less hedge funds, or manager or adviser of a died. It is something that we hear about than $3,000,000, excluding the value of the hedge fund that fails to comply with sub- every day. Dr. von Eschenbach, a cancer sur- section (a) and offers securities to, or man- primary residence of the person. Mr. SPECTER. Mr. President, I urge vivor himself, understands the need for bet- ages investments of, residents of the United ter cancer treatments. During Dr. von States shall each be fined not more than the confirmation of Dr. Andrew von Eschenbach’s tenure as Director of the NCI, $5,000 per day of material violation of this Eschenbach to be Commissioner of the funding for the NCI for FY03 was $4.67 bil- section. Food and Drug Administration. Dr. lion. Today, recommended Senate funding (c) ENFORCEMENT.— Von Eschenbach is a native Philadel- for the NCI is $4.8 billion, an increase of $13 (1) IN GENERAL.—Compliance with this sec- phian. He has had a very distinguished million. However, it is concerning that the tion shall be enforced by the Department of professional record. He has served as funding for the NCI in fiscal year 2006 was $50 Justice and the Securities and Exchange million less than fiscal year 2005. Commission. the director of the National Cancer In- stitute. He has made a commitment If Dr. von Eschenbach is confirmed, I look (2) RECORDS.—The records of a hedge fund, forward to working with him as Commis- fund of hedge funds, or manager or adviser of publicly to lead the way to conquer sioner of the FDA. His expertise, experience, a hedge fund relating to a requirement of cancer by the year 2015. Frankly, that and commitment to public service will be of this section or compliance with this section is not good enough for me. I think we great services to our nation. are subject to reasonable periodic, special, ought to do it sooner. The PRESIDING OFFICER. The Sen- and other examination by a representative of In 1970, President Nixon declared war ator from Nevada. the Department of Justice or the Securities on cancer. Had we pursued that war RICK SANTORUM and Exchange Commission for purposes of with the same diligence we have pur- Mr. ENSIGN. Mr. President, I am determining compliance with this section. sued other wars, many people would (d) DISCLOSURES.—Each hedge fund and going to take a couple minutes to talk not have died and many people would fund of hedge funds shall provide any inves- about my great friend RICK SANTORUM. not have contracted cancer. Dr. Von tor or prospective investor in that hedge Election night; a lot of emotions going Eschenbach has done an outstanding fund with information to enhance the ability on; no question my heart was torn be- job in his professional career, and he of that investor or prospective investor to cause my best friend in the Senate lost evaluate investment decisions regarding would make an excellent Commissioner the election that night. I was saddened that hedge fund, including information re- of the FDA. garding— I ask unanimous consent that my simply from a personal level, but I was (1) the investment objectives, strategies to statement of his qualifications and also saddened for our country because I be employed, and range of permissible in- believe RICK SANTORUM has served this background be printed in the RECORD. vestments of that hedge fund; There being no objection, the mate- country so well. His integrity, his vi- (2) the risks of making an investment in sion—so many things about this man that hedge fund, including the use of debt to rial was ordered to be printed in the RECORD, as follows: have really been extraordinary. leverage returns; I have gotten to know a lot of the STATEMENT OF SENATOR ARLEN SPECTER— (3) base-line performance information re- people around him, his staff. It says a garding that hedge fund; NOMINATION OF DR. ANDREW VON (4) any agreement between the hedge fund ESCHENBACH COMMISSIONER OF THE FOOD lot about him because of how many of and investors that varies the material terms AND DRUG ADMINISTRATION them are sitting in this room today. of the arrangements with certain investors; Mr. SPECTER. Mr. President, I have The quality of the people he has around and sought recognition to speak in support of the him says a tremendous amount about

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.021 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11442 CONGRESSIONAL RECORD — SENATE December 7, 2006 him, as does the passion with which with the opportunity to do this and to have given me, through their sacrifice, they served him and the passion with serve in a way that I hope he has called to do that for the last 16 years. which he serves the country. me to serve. I thank my mom and dad and Karen’s I also came to know Karen and his Second, I thank my family. Karen mom and dad and all in our family who six kids. They are extraordinary peo- and the kids are watching. They have have been supportive every step of the ple. RICK is a great leader of his home. suffered a lot and have sacrificed a lot way—sometimes wondering why I was Just seeing the love and respect that in 16 years. I was telling JOHN the doing this, sometimes unable to walk Karen has for RICK and that his chil- other day that it is amazing how you to the end of the driveway and pick up dren have for him as a father says a lot think you are doing certain things the paper for fear of what next was about him as an individual as well. well, and then you have the oppor- going to be said about their son-in-law I am going to keep this short. This is tunity to spend a little more time or son. But they stood with us and completely from the heart. I can say doing those things and you realize how fought with us and they comforted us. with confidence that as a human being, insufficiently you did them in the past. I thank them. there have been maybe as good human A phrase from the Bible is ringing in JOHN mentioned the people who are beings who have served in this Senate, my ears, ‘‘the scales falling off of the here in this room, my staff. but there have been no better. He is eyes.’’ In the last month or so, I have I ask unanimous consent to have that quality of a human being. His had a lot of scales fall from my eyes— printed a list of all of the folks who faith leads him to that. I consider it a to see not just what the 2 years have worked for us over the last 12 years in great privilege to have served with him been to my family, which have been a the Senate at the end of my remarks. and to call him a friend over these last tough 2 or 3 years, but the accumula- The PRESIDING OFFICER. Without 6 years. I know the friendship he and I tion of 16 years in what is a very dif- objection, it is so ordered. share will be a lifetime friendship. ficult life. I know everybody here rec- (See Exhibit 1.) RICK, this body will miss you greatly, ognizes that because you live it. They Mr. SANTORUM. Mr. President, I but no one in this body will miss you know how difficult this life is, how wish I could read all these names, but more than I. public everything we do and say is or there are a lot of names. These are peo- The PRESIDING OFFICER (Mr. what we are accused of. We think we ple who worked for me in my personal CHAFEE). The Senator from Pennsyl- understand how difficult that is for our office in Washington and in my offices vania is recognized. family, but I don’t think we really do. across the State and the people who FAREWELL TO THE SENATE I want to say thank you to Karen, who worked here in Washington in my lead- Mr. SANTORUM. Mr. President, let I picture in my mind with this T-shirt ership office at the Senate Republican me thank my great friend and col- dress she wore and had stenciled on it Conference. JOHN said it so well. These league from Nevada for his very kind ‘‘Santorum for Congress.’’ She went are incredible people. I have had the words. I thank him for coming to hear knocking on doors in 1990, when no one opportunity now in the last few days to my last speech on the floor of the Sen- gave us a chance. We did the impos- sit and talk with each one of my staff ate. I know there are many listening sible. We were able to defeat a 14-year members to find out what they are who are applauding at this moment for incumbent who no one thought could doing and to get any final thoughts that. But I come here with a wonderful be beat. I would not have even come they would have. One after another, I spirit. I have written on the top of the close to winning that election but for have been amazed at the dedication, in- page the same words that I wrote the her. telligence, caring, and the commit- night of the election, and that is the In 1994, it was the same thing. She ment of service they had to the people word ‘‘gratitude’’ because that is all I went out with the two children at of Pennsylvania, or to the causes I feel—an incredible sense of gratitude. home and she spent day after day—not have attempted to do my best to fight Mark Rodgers is my long-time friend traveling with, no; she was giving for in the Senate. These are incredibly and chief of staff, now head of the con- speeches in her own right and traveling talented people whom I have been so ference. We were talking again this all over the Commonwealth of Pennsyl- blessed to be associated with and to morning about coming to work every vania, sacrificing. They continued to work with. day and walking up to the Capitol do that day after day, year after year. I looked at the list of our legislative Building every day for 16 years now I was a Senator, and I had important accomplishments and I can say, yes, I and still feeling that, wow, I work things to do. worked on that, but on the autism leg- here—every day for 16 years. It was I tell stories all the time about de- islation, Jennifer Vesey wrote it, not such a gift, such an incredible gift to bates that were held on the floor of the me. She spent 16 months working with be blessed to serve the people of the Senate, when I would call Karen and 15 offices. In fact, let me do something 18th District in the Congress, south- say I had to come back to this very at this point. western Pennsylvania, in Allegheny place and say more. There was never a County, and for 12 incredible years to hesitation. She served more than I did. f be able to serve the people of Pennsyl- My children—none of them have known vania here. their father without being in politics. I COMBATING AUTISM ACT OF 2006 So first and foremost, I want to got married in 1990 to Karen, and Eliza- thank who is most responsible—and beth came along 11 months later. Their Mr. SANTORUM. Mr. President, I that is God—for this great gift he has life has been with their father in poli- ask the Chair lay before the Senate a bestowed upon me and my family—to tics, in the public arena. They have had message form the House of Representa- be able the serve the greatest country to deal with that in both pleasurable tives on the bill (S. 843) to combat au- in the history of the world and to serve ways and some very painful ways. So I tism through research, screening, in a body that is, and hopefully will be, thank them for being without their dad intervention and education. the greatest deliberative body in the far too often. Even when they are with The PRESIDING OFFICER laid be- world. I think back to my dad, when he their dad, I am not as attentive as I fore the Senate the following message came to this country, and my mom, should have been. But I think they from the House of Representatives. who is a second generation, and I think knew and they shared in the endeavor S. 843 of how I grew up. It is amazing what a because they knew it was important Resolved, That the bill from the Senate (S. great country this is and how God has for them and for our country. 843) entitled ‘‘An Act to amend the Public bestowed upon me and my family tre- So, hopefully, out of this experience Health Service Act to combat autism mendous blessings. So I thank Him for they have been given a sense of pur- through research, screening, intervention and education’’, do pass with the following the opportunity he has given me to pose, and they know more about what amendment: serve. We are all called to serve. Some life should be all about and that is to Strike out all after the enacting clause and are frustrated because they don’t think serve—serve God, serve your family, insert: they are in a job or a position in life serve your community, and to serve SECTION 1. SHORT TITLE. where they are doing what God has your country. It is a great blessing. I This Act may be cited as the ‘‘Combating Au- called them to do. God has blessed me thank them for the opportunity they tism Act of 2006’’.

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