S4816 CONGRESSIONAL RECORD — SENATE May 10, 2005 UNANIMOUS CONSENT REQUEST—COMMITTEE Peace resources diverted to address the Delays in Productive Safety Net Program MEETINGS tsunami. Finally, $112 million was in- (PSNP): This is a program designed to over- Mr. COCHRAN. Mr. President, before tended to restore food aid development come people’s dependence on food assistance. the Chair announces the recess for the projects that the United States has al- While this is an important step, continued policy luncheons, I have eight unani- robust response to emergency conditions is ready pledged to other countries this critical to ensure the success of more devel- mous consent requests for committees year. opmentally oriented programs. Unfortu- to meet during today’s session of the It troubles me, and it should trouble nately, this program, which was meant to Senate. They have the approval of the everyone here, that we may not be able begin in January 2005, didn’t start until late majority and minority leaders. I ask to deliver on those pledges. What a dis- March in most areas of the country and, in unanimous consent that these requests turbing message that sends to the rest some areas, still has not begun. Without be agreed to and the requests be print- of the world. It says that while we may going into details of why this foul-up oc- ed in the RECORD. talk a good game on food aid, you can- curred, the fact is that people targeted under The PRESIDING OFFICER. Is there not be too sure just where we stand the PSNP have, in most cases, not yet re- ceived the planned assistance and there are objection? when the going gets tough. The numbers in our amendment were now deteriorating health conditions, espe- Mr. GREGG. Mr. President, I object. cially in women and children. Many of the The PRESIDING OFFICER. Objec- not pulled out of thin air. They were chronically food insecure now face acute tion is heard. the result of close analysis of the world conditions, themselves. f situation. In light of new reports from Poor Resourcing of 2005 Appeal: Current Ethiopia, I worry that even the figures indicate that 66% of food needs are RECESS amounts included in our original pledged and only 10% of non-food needs. It The PRESIDING OFFICER. Under amendment may have been, in fact, too must be noted, however, that this includes the previous order, the hour of 12:30 conservative. an un-guaranteed WFP pledge. With the number of people requiring assistance con- p.m. having arrived, the Senate will Sadly, the conference reduced the food aid total to $240 million, a level tinually increasing, the level of resources re- stand in recess until the hour of 2:15 quired is certain to increase significantly. p.m. that is well below a split with the level While 66% sounds promising, it should be Thereupon, the Senate, at 12:31 p.m., proposed by the administration and noted that, using current assessments going recessed until 2:15 p.m. and reassem- adopted by the House. on, this figure may not adequately represent bled when called to order by the Pre- I ask unanimous consent that an the real need. Among the reasons for the low level of re- siding Officer (Mr. VOINOVICH). alert I received from several faith- based organizations about the situa- sources are: Donor attention being focused f tion in Ethiopia be printed into the on other emergencies (Darfur and tsunami), greater emphasis being placed within the EMERGENCY SUPPLEMENTAL AP- RECORD. PROPRIATIONS ACT FOR DE- There being no objection, the mate- country on PSNP rather than ongoing emer- FENSE, THE GLOBAL WAR ON gency needs, pressure to demonstrate that rial was ordered to be printed in the the country is moving away from annual TERROR, AND TSUNAMI RELIEF RECORD, as follows: Emergency Appeals, misleading recent WFP/ ACT, 2005—CONFERENCE RE- FLASH ALERT FROM JRP MEMBERS FAO crop assessment suggesting a 25% in- PORT—Continued ADDIS ABABA, ETHIOPIA—APRIL 2005 crease in yield over last year, and traditional The PRESIDING OFFICER. The Sen- The three Churches and two Church-re- food donors having their own constraints. Unless commitments o food and non-food ator from North Dakota. lated agencies (Ethiopian Orthodox Church, Ethiopian Catholic Church, Ethiopian Evan- items are made immediately, the JRP will Mr. DORGAN. Mr. President, I be- gelical Church Mekane Yesus, Catholic Re- not be able to pre-position food in the most lieve, by unanimous consent, I am to lief Services and Lutheran World Federa- severely affected areas prior to the rainy be recognized at 2:15 for 15 minutes. tion) who make up the ecumenical Joint Re- season which starts in June because of poor I allocate 21⁄2 minutes of that time to lief Partnership feel compelled to bring to road conditions at that time. This will lead the Senator from Wisconsin, Mr. KOHL. the public’s attention a situation that if not to further setbacks and great loss of life. The PRESIDING OFFICER. Without immediately addressed in a forceful manner It is with the above in mind, that the JRP is appealing to its traditional Partners to objection, it is so ordered. will bring about widespread disaster result- ing in untold suffering and death for a num- bring this situation to the world’s attention The Senator from Wisconsin. ber of people—a number that is rapidly ap- and to act as promptly as possible. Mr. KOHL. Mr. President, although I proaching the 8–10 million mark of Ethiopian With every best wish, we remain, the JRP will vote for this conference report, I people at risk in 2005. Members: feel obliged to alert my colleagues to a This humanitarian situation has thus far ETHIOPIAN ORTHODOX serious flaw. This bill does not provide received little international attention for a CHURCH, enough international food aid. And if variety of reasons, which in addition to the ETHIOPIAN CATHOLIC emerging reports are correct, I fear we reluctance of the Ethiopian Government to CHURCH, advertise it are the following: Severe ETHIOPIAN EVANGELICAL are about to enter a spring and summer drought conditions. The late start-up of the CHURCH MEKANE YESUS, of agony in some of the poorest parts of Ethiopian government’s national Productive CATHOLIC RELIEF SERVICES, the world. Safety Net Program (PSNP) which is meant LUTHERAN WORLD This situation troubles me a great to provide multi-year support to over 5 mil- FEDERATION. deal. Here we are, the strongest nation lion chronically food insecure people. The Mr. KOHL. This situation is not on Earth, and we are rightfully appro- lack of adequate resources to provide food going to go away. I have grave fears priating funds to maintain that and non-food assistance to 3.1 million acute food insecure people. that images coming out of places such strength. But with enormous strength Drought Conditions: The current reality is as Ethiopia in the coming months may comes a moral obligation to respond that the early belg rains (February/March) reveal a tragedy unfolding before our appropriately to pain and suffering. have failed in many areas, including East very eyes. And what is most troubling This bill fails to respond appropriately. and West Hararghe and Arsi zones of is that this may be a tragedy that we When the supplemental was first con- Oromiya, parts of Southern Nations Nation- could have helped avoid. sidered in this body, Senator DEWINE alities and Peoples (SNNP) and parts of I will soon be sending a letter to the and I and others offered an amendment Tigray. The situation is severe, with many pocket areas showing high levels of global President encouraging him to consider to provide a total of $470 million for acute and severe acute malnutrition in chil- other emergency authorities to address PL–480 food aid. That may sound like a dren under 5. As an example, reports from this dire situation. Specifically, we lot to some, but it totaled merely six- the Disaster Prevention and Preparedness will ask him to utilize the Bill Emer- tenths of 1 percent of the total spend- Commission (DPPC) indicate that large son Humanitarian Trust to address this ing in the bill. numbers of severely malnourished children pain and suffering. I urge all my col- Mr. President, $346 million of our are entering one hospital in East Hararghe leagues to join us in sending this mes- amendment was intended to meet the from three woredas seriously affected by sage to the President. malnutrition. U.S. share of world-wide food emer- There are rising and alarming levels of dis- The PRESIDING OFFICER. The Sen- gency needs as already identified by tress migration in certain areas, water is ator from North Dakota. the U.S. Government. Another $12 mil- particularly scarce in some areas and cereal Mr. DORGAN. Mr. President, I com- lion was slated to restore Food for prices are high. mend my colleague from Wisconsin. I

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.029 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4817 agree with all he has described. I think ious amendment designed to try and want to violate the rules of the Senate this is a really important issue and in- protect some information that exists in order to change the rules of the Sen- creased food aid is critically impor- deep in the bowels about some scandal ate. tant. So I appreciate him being here. with the Internal Revenue Service— Let me give an example of one of the I will speak for a moment about this typical political sludge coming from 10, Janice Rogers Brown. Here is what $82 billion supplemental bill. Most of it the editorial page of the Wall Street she says, and I am quoting her directly: is to restore accounts in the U.S. Army Journal. Then we have the same sludge Senior citizens blithely cannibalize their and other military installations or offered by Mr. Novak in his column, I grandchildren because they have a right to military organizations because that believe it was last Thursday, sug- get as much free stuff as the political system money was not in the budget. We had gesting there is something else going will permit them to extract. asked last year that it be put in the ap- on here. One does not have to be a rocket sci- propriations process so that it could be Well, let me just say this: If we have entist to understand what this means. considered. We know that we are going enough money to have independent This is somebody whose philosophy be- to spend money in Iraq and Afghani- counsels continuing to be paid 6 years lieves that there is something inher- stan, but the administration, year after the subject of their investigation ently wrong with Social Security and after year, does not put any money in pled guilty, and 4 years after they were Medicare. It is the old folks living off for these accounts and then comes pardoned, it is a high-water mark for the rest of the country. back with an emergency request later. bad judgment. It is unbelievable. All it I do not know, maybe it is a person It is a fiction that is being created. describes to me, with respect to Mr. who does not know senior citizens, has We know this is costing money every Novak and the folks who believe we not visited a nursing home, does not single month. I guess the reason to do should keep spending this money, is understand what it is like to work it on an emergency basis is so that no- that even waste has a constituency, in without very much money, without re- body has to pay for it. This is $82 bil- some cases a very aggressive constitu- sources, and wonder what their retire- lion not paid for, just emergency, stack ency. ment is going to be like. it on top of the debt and say to the We really need to save the taxpayers’ Do I want this person sitting on the troops: Go to Iraq, serve your country, money, and this is an unbelievable Federal bench? No. Am I pleased that I do your duty and, by the way, when waste of the taxpayers’ money. participated in saying, no, this person you come back we will have the debt Let me ask how much time I have re- should not sit on the Federal bench? waiting for you, so you have served in maining. One can bet their life I am. Iraq and you can also come back and The PRESIDING OFFICER. Eleven There are groups that are advertising pay for the cost of that. That does not minutes. in our States, and they are saying this make any sense to me. JUDICIAL NOMINATIONS is an attack on people of faith if we do We had a small provision on the issue Mr. DORGAN. Robert Fulghum wrote not support these judges, or it is an at- of government spending when this bill a book entitled simply, ‘‘All I Really tack on a minority. was before the Senate, and I want to Need to Know I Learned in Kinder- Here is a religious organization that talk about it for a moment. It dealt garten.’’ Many have read that book. is running ads in States: with the appointment of an inde- Some of it is, of course, wash your . . . Never before has the political minority pendent counsel in 1995 that was to in- hands, share, be nice to others. One, of hijacked democracy in this way. . . . vestigate the allegation that a Cabinet course, is to tell the truth. That simple This religious organization says, in official lied about payments he had kindergarten lesson is lost in some paid political advertising: made to his mistress. So an inde- cases and particularly in the media . . . Senate Democrats have abused the rules pendent counsel was formed 10 years ... ago. That independent counsel was to wars that go on over significant issues. I brought to the floor today some ad- Another religious organization investigate Mr. Cisneros, a man who I vertisements that are being run across states: may have met in 1993 or 1994 and have the country in support of those who in not seen since. In any event, an inde- . . . Never before in history have judges with this Senate Chamber are prepared to majority support been denied a vote by the pendent counsel was appointed to in- exercise what is called a self-described misuse of the filibuster rule. . . . vestigate whether he lied about pay- ments he had made to a mistress. Ten ‘‘nuclear option’’ by the majority. Well, there are Ten Commandments years ago, that independent counsel What is their nuclear option? Well, and they can be found in the 20th chap- started working and spending money. they are in kind of a snit. They do not ter of Exodus. I suggest to those who In 1999, Mr. Cisneros, the subject of the get all of the judges approved—just throw around this issue of faith, those investigation, pleaded guilty to a mis- over 95 percent of the judges sent to us organizations that call themselves reli- demeanor. In 2001, 2 years later, the by the President. Now, because not gious organizations and want to buy President pardoned him. So 10 years every single judge has been approved political ads and then not tell the ago the independent counsel was by the Senate, the majority party is truth in the ads, that they refer to the formed, 6 years ago the subject of the out of sorts, cranky, upset, and suffi- 20th chapter of Exodus and the ninth investigation pleaded guilty, and 4 ciently so that they and the groups commandment, thou shalt not bear years ago the subject of the investiga- from outside this Chamber have de- false witness. There are Ten Command- tion was pardoned by the President. cided what they ought to do is violate ments, not nine. Do not skip the ninth This independent counsel is still in the rules of the Senate in order to when getting involved in this discus- business and still spending money. In change the rules of the Senate. sion. the last 6 months, the independent Let me just point out what is hap- The least that is owed to the Amer- counsel has spent nearly $1.3 million. I pening as they lead up to this so-called ican people is the truth, and it is sim- offered an amendment, that the Senate nuclear option where they violate the ply not true that the minority in the passed, which says, tell them to finish rules of the Senate. They are creating Senate has abused the rules, or has hi- by June and shut down. In fact, 2 years their own fiction. The President, by jacked democracy. That is simply not ago, the three-judge panel which super- the Constitution, has the right to true. vises this independent counsel told him nominate Federal judges who will sit The facts are that we have supported to wrap it up, and get it done. This for a lifetime on the Federal bench. We 208 of 218 nominees sent to us by this independent counsel has now spent $21 have a separate responsibility to advise President. The facts are that the 60- million over 10 years, and so we offered and consent. The President sends a vote requirement to get cloture in this an amendment that said, shut it down. name down, and we say yes or no. Chamber is a requirement that has ex- The Senate accepted it. It went to This President, George W. Bush, has isted for a long time, and it is a re- conference and it was pulled out. So sent 218 names of people he wants to quirement that is healthy for this the independent counsel still spends serve for a lifetime on the Federal Chamber. It is protective of the minor- money. bench. We have approved 208 of them. ity, whether it be Republican or Demo- The Wall Street Journal wrote an Because they have not gotten approval crat. It is what requires compromise. editorial saying this was some nefar- for all of them, they have decided they Compromise is a good thing.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.030 S10PT1 S4818 CONGRESSIONAL RECORD — SENATE May 10, 2005 There are some in this Chamber who of them are now serving for a lifetime Let me ask by consent to understand think that no one should ever com- on the Federal bench, which I think is that is the progress on our side, under- promise. If one party runs the White extraordinary cooperation. I believe we standing it would be interspersed with House, the Senate and the House, they have the lowest vacancy rate on the Republican speakers. ought to have it their way all the time, Federal bench that we have had for 15 Mr. COCHRAN. Reserving the right and if they do not get it their way, years or more. to object, let me ask the Senator, if I they have a right to be angry and to It is profoundly disappointing to see may, does the total of that amount of change the rules of the Senate even if what is going on around the country time exceed the amount under the they violate the rules to do it. with a massive amount of money going order that your side of the aisle has There is a way to change the rules of to the television and radio stations, been granted, or is it less than that? the Senate. It takes 67 votes. I hope the some by religious organizations, neck Mr. DORGAN. Mr. President, I am 67 votes is not in dispute. deep in politics, saying you know what told this is within the time that has The majority has concocted a scheme the minority party is doing in the Sen- been granted. by which with 51 votes they will ate is hijacking democracy and engag- Mr. COCHRAN. I have no objection. change or attempt to change the rules ing in mischief, abusing the rules and The PRESIDING OFFICER. Without so on and so forth. I again say to them of the Senate with something they mis- objection, it is so ordered. that is, in my judgment, bearing false label as the nuclear option. The Senator from Tennessee. This is something that disserves the witness. They ought to know it. interests of the Senate and the Amer- Let’s have a real debate—a thought- Mr. ALEXANDER. Mr. President, I ican people. We have very serious prob- ful debate, not a thoughtless debate— am here to talk about the supple- lems with health care costs. We have about how we proceed to address the mental appropriations bill. While the problems with the cost of prescription major issues affecting America. Yes, Senator from North Dakota is here—he drugs. We have jobs moving overseas in the major issues: health care, trade, is one of the best speakers in the Sen- unlimited quantity. We have trade jobs, energy—the sort of things that ate. He can take a story, tell it, and be deficits, the largest in the history of determine what kind of life our kids clear about what he is saying. He has this country. We have serious energy and grandkids are going to have, what spoken eloquently about the need for a problems, and guess what, we have a kind of opportunity they are going to compromise. I will suggest one to him. majority that has their nose bent out have. I suggested it 2 years ago when I came of shape because there are 10 judges out When they sit around the supper to the Senate and heard the debate of 218 who somehow did not make it, table at night as a family, what are the about Judge Estrada. I said at that and that is an affront to a majority things people talk about? They talk time that, even if a Democratic Presi- that insists that they have it their way about, Do I have a good job? Does it dent were elected, that I would never all the time. I didn’t take Latin be- pay well? Does it have benefits? Can I vote to filibuster his nomination. In cause I was in a high school senior care for my family with this income? other words, I would always vote to class of nine, but I think the term Do Grandpa and Grandma have access give a President of the United States a ‘‘totus porcus’’ might just best describe to decent health care? Do we live in a fair up-or-down vote on the floor of the what the majority party believes it is safe neighborhood? Do we breathe air Senate on his or her nominee. due on these issues. They want it all— that is quality air and drink healthy I have repeated my pledge to do that the whole hog—right now. If they do water that is not going to injure our on this floor several different times, not get it, they are prepared to go to health? These are the kinds of things and, I would say to my friend from the ultimate length that they describe that are important to people. Do we North Dakota, if he would get 8 or 10 as the nuclear option. send our kids to schools we are proud Democrats to make the same pledge, My hope is that in the coming days, of? Yet, are we debating that on the there would not be any filibuster. heads will clear, and they will rethink floor of the Senate? No. No, regrettably There would be no need for a rules this approach. Both parties will be in not. That is not the central set of change. We could talk about gas prices, the minority at some point. Both par- issues we are debating. we could talk about schools, and we We are now debating this so-called ties have been and will be in the future could talk about the war in Iraq. So nuclear option. Why? Because out of at some point. I believe any majority that spirit of compromise is there. 218 names sent to us by the President party, whether it be a Democratic I was not here during whatever went asking for a lifetime appointment to Party or a Republican Party, that de- on before, and, whatever it was, I wish the Federal courts, we have approved cides to break the rules to change the it had not gone on. What I can remem- only 208. We have approved only over 95 rules will rue the day that happens. ber, going back to 1967, which is when percent, and that is a problem for the I came here because I want to work I came to this body as a legislative aide majority. in a constructive way on public policy. even before the President pro tempore A majority will not long remain a I hope we can continue to do that. But was a Senator, is that all during that majority if it does not understand the time this tactic was not used to deny a I read the Constitution again and again requirement that all of us have to work and understand what it says. It says President an up-or-down vote on his ju- together: to compromise, to tell the dicial nominees. The only possible ar- this Government of ours works when truth, and to do what is best for this we work together. The 60-vote majority gument during that time was the case country. of Abe Fortas in 1968, and that was a in the Senate I know is nettlesome. I Mr. President, let me ask how much little different. know it gets under people’s skin. But it time I have remaining. is what has always distinguished this The PRESIDING OFFICER. Three But put all that to the side, the ‘‘who Senate from other bodies. It is what re- seconds. shot John’’ or ‘‘who didn’t shoot quires compromise. It says to a Presi- Mr. DORGAN. Mr. President, let me John.’’ If several on that side and sev- dent—any President, Republican or go much longer. I am sorry, for 3 sec- eral on this side would simply say, as a Democratic President—when you send onds let me thank my colleagues. way of avoiding this train wreck, that a name down here for a lifetime ap- This is the time to be controlled on we would pledge right now, during our pointment to the bench, it ought to be our side by consent, if I might read it time here, always to vote to give a a name that reflects some semblance of into the record? My guess is it will go President an up-or-down vote on his or compromise; and we have approved 208 back and forth: Senator BYRD, 20 min- her judicial nominees, then there of them. One of them I regret we ap- utes; Senator REID, 15 minutes; Sen- would be no need for a rules change, proved. I voted against that one, by the ator SALAZAR, 15 minutes; Senator and we could go on to our other busi- way, a candidate for a lifetime appoint- CORZINE, 10 minutes; Senator OBAMA, 10 ness. ment on the court who has written minutes, Senator LIEBERMAN, 10 min- Mr. DORGAN. Will the Senator that he believes women are subservient utes; Senator LEAHY, 15 minutes; Sen- yield? to men. I do not think that person be- ator DURBIN, 1 hour, 10 minutes of that Mr. ALEXANDER. I will be happy to. longs on the bench, but the person to go to Senator MURRAY; and Senator Mr. DORGAN. Let me just observe, made it through here. The fact is, 208 FEINGOLD, 10 minutes. because the Senator mentioned me, my

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.031 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4819 point of supporting the 60-vote thresh- are for driving. If we need an ID card, That is what we have done. We have old is that is what requires com- we should have an ID card. The legisla- just assumed that every single State promise. The very presence of the fili- ture overruled me. I actually had to will want to ante up, turn its driver’s buster is what requires compromise. get one of those cards myself in order licenses examiners into CIA agents, Otherwise you do not have any incen- to get into the White House, so I lost and pay hundreds of millions of dollars tive to compromise, be it the executive that battle. So I am very reluctant for to do an almost impossible task over branch relative to the legislative this country to have a national ID the next 3 years. branch. That was not my point. It card. But I reluctantly concluded that, We did that without any recognition wasn’t that we should find a way to after 9/11, we have to have one and that in this legislation that we are not the allow the nuclear option to exist with- we ought to be thinking about what State government, we are the Federal out changing the rules of the Senate. would be the best kind of ID card. Government, and, if we want a national Mr. ALEXANDER. Mr. President, I I believe the right way to consider ID card, we should be creating a Fed- appreciate my friend’s point. May I that is when we are dealing with com- eral ID card. If we want the States to make my remarks now? prehensive legislation on immigration, create one, we should talk to them The PRESIDING OFFICER. The Sen- which I hope we do this year, and tack- about it, and then we should pay for it. ator is recognized. le that problem and the best way to do So in the end, the States will pay the Mr. ALEXANDER. Mr. President, the it. Is the best way to do it to turn the costs. In the end, the States will listen supplemental appropriations bill is driver’s licenses examiners in all the to the complaints from citizens who going to come up. We are going to vote States of the country issuing 190 mil- are going to be standing in long lines on it. I commend the chairman of the lion driver’s licenses into CIA agents? I while they search for four kinds of committee for accomplishing what is a don’t know what it is like in Ohio or identification; the driver’s license ex- difficult job—getting a body that oper- other States, but in Tennessee the aminer tries to connect with thousands ates by unanimous consent to agree on driver’s licenses examiners by and of databases, which they have no ca- something and moving it through. large are there for the purpose of fig- pacity to do today. The States will The purpose of the bill is to support uring out whether you can parallel take the blame when somebody uses a the men and women who are fighting in park and to take your picture. They driver’s license inappropriately. Iraq and Afghanistan. I was there are not trained to tell whether you are The REAL ID Act has been struc- about a month ago. There are so many an al-Qaida terrorist. They are not tured in such a way that it is not tech- Tennesseans in Kuwait and Afghani- trained in order to review four dif- nically an unfunded mandate, but any- stan and Iraq that it seemed like a ferent documents and then look at body listening to this debate knows it Tennessee homecoming. There are lit- 10,000, maybe 20,000 different databases violates the spirit of our promises in erally thousands there—the post- around the country. 1994 and 1995 not to do this anymore. masters of Winfield and Rob Camp. The I wonder whether it is even the right So I intend to offer an amendment at the appropriate time that will have President of the Rotary Club in Lex- approach, in terms of having a national two main points, but the overall point ington, a physician, just came home. ID card, to rely on driver’s licenses. is to have the Federal Government pay The editor of the newspaper in Maybe we should be relying on pass- for the cost of this new requirement Dyersburg, two deputy sheriffs from ports. That has been an efficient sys- tem in this country. Or maybe even that the States have no choice but to my home county, the superintendent of better, and I suspect this would be bet- accept. It will allow States to submit schools from Athens—these are people ter, we should turn the Social Security documentation to the Department of in the Reserves or in the National card—which is directly related to Homeland Security of what the costs Guard with mortgages and families and work, which is the subject of the dis- are, and it will establish a process to jobs, with money and insurance issues cussion and most of the concern about pay the annual increase in those costs. at home. They are fighting for us. immigration—into a more definite I wish we had done this in a different Some are dying, and they are risking kind of identification. way. I think we should have honestly their lives every day. Of course I want But no; instead, without one single faced the fact that we now need some to vote to spend every penny we need hearing in the Senate about a national sort of national identification card. I to spend to support them and to keep ID card—which we might not, under say that reluctantly because, as I said, them safe. our Constitution, even be able to re- I vetoed even a State card. But times Once we set forward on a mission, on quire to be presented to a law enforce- have changed. But to do this without a a military mission, we should have the ment officer—we just pass one, and hearing and without our tradition of stomach to see it all the way through then we send the bill to the States. respect for civil liberties and our re- to the end in a success strategy, not an Here we are, a Republican Congress spect for federalism, I think is wrong. exit strategy, and to support the Amer- who got elected in 1994 promising to Mr. President, if I may take 2 more ican men and women whom we ask to end unfunded mandates—and the Sen- minutes, I would like to express my go. ator in the chair was one of the leaders disappointment with one other provi- That does not stop me from objecting in doing that—and what do we do, we sion. This conference report says we do and expressing my disappointment to come up with this big idea, pass it, not trust President Bush in dealing two provisions in the bill. One is the hold a press conference, and send the with the Palestinian Territory. Here so-called REAL ID Act. Actually, un- bill to the Governors. We do that time we are, a Republican Congress, at least like a lot of legislation we pass here, after time after time, and we should by a majority, with a Republican Presi- this is well named. This really is a na- not be doing that. That is not the way dent who is leading a lot of the world tional identification card for the our system works. to freedom, who is just returning from United States of America for the first It is possible that some Governor a triumphant visit to Georgia—a great time in our history. We have never may look at this and say: Wait a beacon—who has taken the courageous done this before, and we should not be minute, who are these people in Wash- step of trying to help solve the Middle doing it without a full debate. This ington telling us what to do with our East problems, and we are saying: Mr. REAL ID provision turns 190 million driver’s licenses and making us pay for President, we are going to appropriate driver’s licenses, which are now inef- them, too? We will just use our own li- money to help with the emerging de- fective ID cards, into more effective censes for certifying drivers, and Con- mocracy in the Palestinian Territory, national identification cards. To add gress can create its own ID card for but we do not trust you to spend the insult to injury, we have also slapped people who want to fly and do other money. State governments with the bill for Federal things. And if Congress doesn’t That is what this provision does. The them. do that, then we will give out the home Senate did not vote that way. The Sen- I strongly object to this. When I was telephone numbers of all the Congress- ate voted another way. The Senate Governor of Tennessee, I vetoed our men and let the people—of California, voted to give the President the right to State ID card twice because I thought say—call everybody up here and say, waive the authority, giving the Presi- it was an infringement on civil lib- ‘‘why did you keep me off the airplane dent the right to decide, in effect, who erties. I thought that driver’s licenses when I needed to get somewhere?’’ got the money.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.033 S10PT1 S4820 CONGRESSIONAL RECORD — SENATE May 10, 2005 The reason I think the provision and let live, on both sides of the aisle. Many of the President’s requests for makes so little sense is because we are And that was the same with regard to expanded flexibilities were substan- going to turn around and say in a few the Senate processing of this supple- tially reduced in the Senate bill and weeks, as the Israelis pull out of the mental. Everybody did not get every- sustained in conference. Gaza Strip, Who is responsible for secu- thing he or she wanted in this supple- The President’s request for $5 billion rity there? We are going to expect the mental, but Members were treated fair- transfer authority for Defense Depart- Palestinian Authority to be responsible ly in a bipartisan manner. ment funds contained in the supple- for security there. Who is responsible However, when it came to processing mental bill was reduced to $3 billion. for feeding some of the poorest people the supplemental in conference, several In combination, under the conference in the world? We are going to expect members were severely disappointed report, the Secretary of Defense has the Palestinian Authority to be respon- that the conference was recessed sub- transfer authority in fiscal year 2005 of sible for that. ject to the call of the Chair. As a re- $10.7 billion, down from a total of $14.7 If we are going to hold the Pales- sult, several Senators were precluded billion requested. tinian Authority responsible, the from offering their motions and their The President’s request for authority President might want to give them the amendments. to spend contributions to the Defense money. Arafat is dead. There is a new A number of Members on this side of Cooperation Account in fiscal year finance minister there who has im- the aisle have expressed disappoint- 2005, without subsequent approval by pressed all of us on a bipartisan basis. ment that the conference did not have the Congress, was rejected as it should He was born in Palestine, lived here, any open debate on the immigration have been. and got his degree at the University of provisions, including the REAL ID leg- The President’s request for a $200 Texas. He is doing things in a way that islation, that found their way into the million slush fund, entitled the Global is open. He has earned the confidence bill, and that neither the majority nor War on Terrorism, GWOT, Fund, under of people all over the Middle East. He the minority of the Senate Appropria- the control of Secretary of State is taking control of the money. And if tions Committee participated in the Condoleezza Rice, was rejected as it he stopped doing that, the President formulation of the REAL ID immigra- should have been. could stop giving him the money. tion provisions. The President’s request for a $200 But why in the world would the Con- These REAL ID provisions were for- million ‘‘Solidarity Fund’’ for the Sec- gress show such a lack of respect to the mulated behind closed doors by the retary of State, under Peacekeeping President of the United States, in the House and Senate Republican leader- Operations, to reimburse coalition middle of a peace process, by saying: ship. After the conference had recessed partners—such as, Poland, Ukraine, ‘‘No, Mr. President, we do not trust subject to the call of the Chair, a 55- Lithuania, Hungary, and Bulgaria—for page modified version of the REAL ID you to make a decision about what to defense costs, was approved at a level authorizing legislation was laid into do with the money that we appropriate of $230 million, of which $30 million can the conference report. be used for GWOT-type activities. How- for the Palestinian Authority or to It was simply grafted onto the emer- help the Palestinian Territory emerge ever, the act requires consultation and gency supplemental appropriations bill notification of the Congress prior to as a democracy’’? that provides funding for our military So I am very disappointed by that as using the money. operations and our troops, without de- The conference report includes lan- well. And there is other money that bate or participation by the conferees. has been authorized this year that does guage that I authored prohibiting exec- I do not fault the chairman of the Ap- utive branch agencies from creating give the President that authority. I propriations Committee. This was not prepackaged news stories unless the hope in future conferences and in fu- his doing. This was done by the House agency clearly identifies that the story ture debates and discussions we recog- and Senate Republican leadership. nize that Arafat is dead, there is hope- The bill totals approximately $82 bil- was created and funded by an executive fully a democracy emerging, and there lion, which comes in at about $1 mil- agency. It troubles me greatly that is a finance minister there who is mak- lion below the request. Virtually the there has been a proliferation of execu- ing public accounting of all the money. entire bill is designated as an emer- tive branch agencies creating so-called He is direct depositing money for the gency, thus increasing the deficit. news stories and then distributing troops. He is publicly advertising it Department of Defense totals $75.9 them without identifying the story as through bids. He has impressed his billion, $0.9 billion above the request. having been produced with the tax- neighbors, and he has impressed all of International assistance totals $4.1 payer’s money. We trust the media to us who have visited with him on a bi- billion, which is $1.5 billion below the provide us with independent sources of partisan basis. I hope we keep that in request, but it grew in conference to information, not biased news stories mind as we consider this issue. levels $866 million more than the House produced by executive branch agencies, Thank you, Mr. President, for the and $42 million more than the Senate. at whose expense, taxpayer expense. time. Border security funding totals $450 On February 17, 2005, the Government The PRESIDING OFFICER (Mr. million of new emergency spending. Accountability Office issued a legal COLEMAN). The Senator from West Vir- This compares to my conference mo- opinion to the executive agencies stat- ginia. tion to include $665 million for border ing that such prepackaged news stories Mr. BYRD. Mr. President, how much security. In order to increase the size violated the law. Regrettably, on time do I have? of the border security effort, staff iden- March 11, 2005, the Office of Manage- The PRESIDING OFFICER. Twenty tified $100 million of low priority ment and Budget issued a memo- minutes. homeland security funds to use as off- randum to agency heads specifically Mr. BYRD. Twenty minutes. Mr. sets, bringing the total package to $550 contradicting the opinion of the Gov- President, I yield myself such time as I million. ernment Accountability Office. may consume within that 20-minute Despite having taken credit for im- This conference report ‘‘confirms the limitation. proving security on our borders when opinion of the Government Account- I again thank Chairman THAD COCH- he signed the Intelligence Reform Act ability Office dated February 17, 2005.’’ RAN for his patience in the processing in December, the President requested I am pleased that the conferees and of this supplemental appropriations no actual funding for border security. now the Congress have agreed to this bill when it came before the Senate. He My initiative, with the support of clear message that taxpayer dollars was especially patient during the Sen- Homeland Security Subcommittee should not be used to create pre- ate consideration in seeing that all Chairman JUDD GREGG and Senator packaged news stories unless the story who wanted to offer amendments were LARRY CRAIG, will result in 500 more includes a clear message that the story afforded the opportunity to be heard. Border Patrol agents, 218 new immigra- was created by a Federal agency and The members of the Appropriations tion investigators and detention offi- paid for by taxpayer dollars. Committee have had a longstanding cers, 1,950 more detention beds, 170 sup- I was also pleased that the conferees sense of cooperation, comity, and civil- port personnel, and funds for training agreed to my sense of the Senate lan- ity. There is always give and take, live and housing the new personnel. guage on budgeting for the war in Iraq.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.039 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4821 The conference report says that the them. I support them. We must support brought a bill back in the initial stages President should submit a budget our troops, our men and women. They of this process that was below the re- amendment for fiscal year 2006 by Sep- didn’t ask to go there. They are doing quest made by the President and that tember 1, 2005, and should include funds their duty. They are answering the was below the request provided in the in his fiscal year 2007 budget for the call. I do not support the policies that House-passed bill. war when it is transmitted in Feb- sent them there. I did not support it in Our Senate Appropriations Com- ruary. the beginning. I did not vote to author- mittee reported legislation providing Congress has now appropriated over ize this President or any other Presi- funding that was lower than either one $210 billion. That is $210 for every dent to use the military of this country of those documents. In conference with minute since Jesus Christ was born. as he might see fit. I did not cast my the House, we did resolve differences. Think of that. Congress has now appro- vote there. I never, at any time, be- There was give and take. Both sides priated over $210 billion in four dif- lieved that Saddam Hussein, for whom had their opportunity to speak. We met ferent emergency supplementals for I did not carry any brief—or the coun- on two separate occasions with our the war in Iraq. That is a lot of money, try of Iraq posed a national security Senate conferees, joining representa- and it is your money, $210 billion. It is threat to our country. I said so then, I tives from the House in a wide range of your money, Mr. and Mrs. Taxpayer, say it now, and I believe that. So I did discussion. Nobody was cut off when your money. Two hundred ten billion not vote for the policies that sent them they wanted to discuss the issues or dollars for the war in Iraq, and there is there and keep them there. There is no offer alternatives to provisions of the no end in sight. end in sight. It bleeds our country of House-passed bill. The REAL ID provi- We should not continue to fund the money and blood. No, I don’t support sion that has come up, which some war through ad hoc emergency supple- that policy, and I didn’t support it have complained about, was not a prod- mental bills that are funneled through when the President sent our men and uct of the Senate’s action. It was put the Congress quickly when our troops women there. But I do support the into the bill on the House side, but it are running out of funding. troops. I support them and will always was in conference. Because that legis- The conference report also includes support the troops of our country—may lation contained immigration issues my proposed 3-month extension of the God bless them. and the identification issue, there were Abandoned Mines Land Program. Last Nevertheless, the conference report, those in the Senate who offered ger- fall, I offered, and the Congress ap- as I say, does provide the necessary mane amendments on the broad, gen- proved, a 9-month extension of the pro- funds for our troops in the field in Iraq, eral subject of immigration policy, gram in order to give the authorizing Afghanistan, and elsewhere. I sup- guest worker provisions, quotas, work- committees time to act. Unfortu- ported the war in Afghanistan because ers who could come from foreign coun- nately, since last fall, the authorizers there was al-Qaida. Al-Qaida attacked tries into the United States. The Sen- have held no hearings and considered us. Al-Qaida invaded our country when ate will remember that we have de- no bills on the matter. So once again I it toppled the Twin Towers, and struck bated several amendments on those urge the authorizing committees to ap- the Pentagon, and drove a plane into subjects. We approved some and we re- prove this legislation that is important the ground in Pennsylvania. I sup- jected some. to West Virginia and important to all ported that war. But there are two In conference with the House, a ma- other coal-producing States. wars, the one in Afghanistan and the jority of the conferees of the Senate Finally, I thank the staff on both second war in Iraq—a country which worked with a majority of the con- sides of the aisle. On the majority side, did not invade our country, a country ferees in the House to get a com- I thank Keith Kennedy, Clayton Heil, which did not strike our country, and a promise conference report. That has Les Spivey, Sid Ashworth, Paul Grove, country which posed no security threat been brought back to the House now Rebecca Davies, and all of the others. to our country. and passed by a substantially over- On my own side, the minority side, I But that is neither here nor there whelming margin, 368 to 40-something, thank that man from Notre Dame, our when it comes to our troops. That is as I recall. minority staff director, Terry Sauvain. something else. We will support our The Senate is prepared to wind up de- I thank his very able deputy, Charles troops. I thank the Chairman for his bate in a matter of an hour or two, ‘‘Chuck’’ Kieffer. These are two the excellent work, for his cooperation and under the order that has been entered. likes of which you will never see again. fine leadership in our Committee, and I hope the Senate will give support to I also thank Charlie Houy, Tim Rieser, for his support of the troops likewise. I this conference report and overwhelm- B.G. Wright, Chad Schulken, and all of urge the adoption of the conference re- ingly approve it. It reflects strict dis- the others on the minority side who port. cipline in the appropriations process, worked the long hours—I mean long I yield the floor. but at the same time it provides the hours—to assist Senators in the pro- The PRESIDING OFFICER. The Sen- funds needed for those who are engaged duction of the final conference report. ator from Mississippi is recognized. in the important operations in Iraq and Mr. President, there were some prob- Mr. COCHRAN. Mr. President, as Afghanistan to safeguard the security lems in conference, most notably the Senators know, there is time for debate of our country and to promote democ- recessing at the call of the Chair and of the conference report, for Senators racy and help ensure a safer world. I not returning, which left some of our to come over and speak, if they so am hopeful the Senate will approve the members unable to offer motions. Dur- choose, about the provisions of this bill conference report. ing the recess, 55 pages of modified and the effort we have made to meet I am prepared to yield the floor. See- REAL ID immigration legislation were the challenge the President has laid be- ing no Senator seeking recognition, I inserted into the conference report, fore us, and that is to produce a bill suggest the absence of a quorum. sight unseen, by the conferees. Now, that provides funding for support for The PRESIDING OFFICER. The can you imagine that? That would not our troops and other officials from the clerk will call the roll. have happened when I was chairman of State Department and other agencies The assistant legislative clerk pro- the Appropriations Committee. That who are engaged in operations in Iraq ceeded to call the roll. would not have happened when I was and Afghanistan and in the global war Mr. COCHRAN. Mr. President, I ask majority leader of the Senate. I will on terror. The majority of the money unanimous consent that the order for tell you, I don’t blame our chairman or provided in this legislation is for those the quorum call be rescinded. any committee members for this situa- purposes. The PRESIDING OFFICER. Without tion, but I do acknowledge that there I am pleased the committee was able objection, it is so ordered. were problems. to restrain the temptation that always Mr. COCHRAN. Mr. President, I was Nevertheless, the conference report exists to add money that was over and curious when I put in the suggestion provides the necessary funds for our above the request made by the Presi- that a quorum be present as to how troops in the field in Iraq, Afghanistan, dent. The fact of the matter is that time would be charged under the time and elsewhere. I will always support this committee showed discipline and that is being used now under the money for our troops, may God bless commitment to fiscal restraint. We quorum call.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.012 S10PT1 S4822 CONGRESSIONAL RECORD — SENATE May 10, 2005 The PRESIDING OFFICER. The from a car bomb in Baghdad. Marla’s the remainder of my time and yield the quorum call is charged to the Senator colleague and friend, Faiz Ali Salem, floor to him. who suggests the absence of a quorum. also died in that attack, both were on The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, since a mission of mercy. ator from Connecticut. there are no Senators on either side I first met Marla 3 years ago. She Mr. LIEBERMAN. Mr. President, I present, I ask unanimous consent that worked closely with me and my staff, rise to support the supplemental appro- the time be charged equally between especially Tim Rieser of my Appropria- priations bill. I do so because it sup- both sides. tions Committee staff, from the day ports the men and women of the Amer- The PRESIDING OFFICER. Without after she arrived in Washington in 2002 ican military, in my opinion the great- objection, it is so ordered. until the day she died. In fact, Tim re- est fighting force in the history of the Mr. COCHRAN. I suggest the absence ceived e-mails and photographs of her world. I say that, really having of a quorum. holding a child she had helped that thought about it. It supports them in The PRESIDING OFFICER. The came in just hours before she was their efforts to advance the cause of clerk will call the roll. killed. freedom and to protect the security of The legislative clerk proceeded to She was an extraordinarily coura- every American by what they are doing call the roll. geous, determined young woman. She to fight terrorism and terrorists in Iraq Mr. LEAHY. Mr. President, I ask brought hope and cheer to everyone she and Afghanistan. unanimous consent that the order for met, from our military to people who I do want to note, however, my the quorum call be rescinded. were suffering from the ravages of the strong objections to House provisions The PRESIDING OFFICER. Without war. But she did it especially for the known as the REAL ID Act that have objection, it is so ordered. families of Afghan and Iraqi civilians been included in the conference report. Mr. LEAHY. Mr. President, I believe who were killed or wounded as a result The REAL ID Act will repeal ID secu- under the order the Senator from of the military operations. She felt rity provisions enacted with over- Vermont has some time reserved. passionately that part of being an whelming bipartisan support last year The PRESIDING OFFICER. Yes, 15 American is to acknowledge those who at the urging of the 9/11 Commission minutes. have suffered and help their families and place them with rigid and unwork- Mr. LEAHY. I thank the Chair. I will piece their lives back together. able Federal mandates on State gov- use part of it. Who would not agree with that? By ernment for the issuance of driver’s li- I am voting for the supplemental, but showing them a compassionate face of censes, long exclusively a matter of I have grave misgivings about the America, she not only gave them hope, State law. President’s policy in Iraq, the enor- she helped overcome some of the anger The conference report from the mous strain it is putting on our Armed and resentment many felt toward our House also includes punitive immigra- Forces, the horrific toll of the insur- great country. tion provisions we rejected last year gency on innocent Iraqis, but espe- Over 90 percent of the casualties of and that have no place on an emer- cially the lack of a credible exit strat- World War I were soldiers. That gency spending bill. In my opinion, our egy. changed in World War II. And since Nation is safer if we continue to imple- We tried to get legislative language then, it is overwhelmingly civilians ment the protections we passed last considered that would link the training who suffer the casualties. December rather than allow an ideolog- and equipping of Iraqi security forces Rosters are kept of the fallen sol- ical debate over immigration policy to to the phased withdrawal of our troops. diers, as they should be, but no official derail those initiatives so vital to the That made sense. As we train them and record is kept or made public of the ci- war against terrorism. they are able to take over responsi- vilians who died. That is wrong. It de- Notwithstanding my strong objec- bility for security, we should withdraw nies those victims the dignity of being tions to the REAL ID components of our troops. The White House would not counted, the respect of being honored, the conference report, I strongly sup- even consider this. I suspect had the and it also prevents their families from port the report and I do so based par- White House asked our troops in the receiving the help they need. ticularly on a visit I was able to make field or the American people, they In her young life, Marla forced us to last week to Iraq, the third I have been would say that is what they want. It is face the consequences of our actions in privileged to make in the last 10 also what most Iraqis want. ways that few others have. Even more months. I am back feeling we are at a I am voting for the supplemental be- importantly, she made us do something tipping point and it is moving in the cause I am concerned about our troops, about it. She brought both parties in right direction in Iraq. It requires the many who were sent to fight and some this Chamber together to help. What sustained, strong, and visible American of whom have died—as we understand she did in Afghanistan and Iraq by the support that is expressed in this sup- from the press, even though we could time she was 28, the end of her short plemental appropriations. not get this from the administration— life, was an achievement of a lifetime, There is no doubt that the recent without the proper armor. I opposed far more than most people do in a spate of suicide bombings has riveted their deployment to Iraq, and I want to much longer life. the media’s attention and as a result see them return home as quickly as This Saturday, from 2 to 4 in the the attention of the American people, possible, but in the meantime, I want afternoon, I am going to host a gath- but I assure my colleagues those sui- them to have the best protection and ering in the Senate caucus room in the cide bombings and those suicide bomb- equipment. They were sent into harm’s Russell Building so that anyone who is ers are a small, though devastating, way by the order of the Commander in interested can learn more about part of life in Iraq today. They have Chief, and they should be protected as Marla’s work and the U.S. Government got to be understood in context. well as they can be. programs she inspired. I hope we can I come back from Iraq seeing it this There are other reasons I am voting discuss ways for all of us to continue way: There are more than 25 million for the supplemental, but I want to the campaign on behalf of innocent vic- people in Iraq. Eight million of them mention one in particular. There is a tims of conflict. came out in the face of terrorist provision which I sponsored and Sen- I thank my colleagues on both sides threats to vote for self-governance on ators BOXER and FEINSTEIN of Cali- of the aisle for supporting naming this January 30 of this year. They have fornia cosponsored which designates program after her. I want the work she stood up a government which is im- the program to assist innocent Iraqi started to continue. I doubt that we pressive and inclusive. Their military victims of the military operations as will see another person quite so re- is gaining strength and self-sufficiency the Marla Ruzicka Iraqi War Victims markable as Marla, but I have to think every day. There are 25 million on one Fund. there are a lot of other Americans who side wanting to live a better, freer life. This program, and one like it in Af- would want help if we give them the On the other side are the insurgents, ghanistan, was inspired by Marla support they need. the terrorists, the enemy, variously es- Ruzicka of Lakeport, CA. She died on I see the distinguished Senator from timated at 10,000 to 12,000, some would April 16, 2005, at the age of only 28, Connecticut in the Chamber. I reserve say less.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.042 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4823 For as long as I can remember as a nor the Kurds who suffered terribly be addressed in the regular budget re- member of the Senate Armed Services under Saddam—and one might under- quest so that they can actually be paid Committee in briefings we have re- stand the human instinct for revenge— for, not placed on the tab of the Amer- ceived and on previous trips to Iraq have yielded to it. They have reached ican people so that debt can pile up. when I have asked who are these insur- out to the Sunnis. We have not seen it But the fact remains that our troops on gents, every other time I have been in the papers and on the TV, but they the ground need timely support, and I told most of them are former regime are reaching out to bring them into the will cast my vote to see that they get elements, leftovers from Saddam Hus- Government to try to create a leader- it, and the victims of the horrifying sein who want to go back into power ship by consensus that will assure a 2004 tsunami in South and Southeast and stop this new government, particu- better future for the Iraqi people. Asia are provided with some meaning- larly a government which represents I want to say a final word about the ful relief and assistance. the majority of people in Iraq, Shi’a American military. As I said at the I am pleased that the conferees re- Muslims, to take power. outset, it is the finest in the world. It tained my amendment to make it easi- Then I was always told a minority is deserves our support. The election, the er for the families of injured terrorists who are people associated negotiations with the Sunnis, the in- servicemembers to travel to the with Zarqawi and al-Qaida. This time creasing capability of the Iraqi mili- bedsides of their loved ones. I am dis- it began to turn around and that is a tary, all bring Iraq to a tipping point appointed that a sunset provision was very significant development. in the right direction. It is historic. added to this common-sense measure, I was informed that the number of The American military understands and I will continue fighting to ensure former regime elements, the number of what is going on. I had the privilege, that the benefits to military families Iraqi Sunni Muslims involved in the in- over the last 16 years, to visit many of provided by my amendment become surgency, is dropping. In fact, some of our men and women in uniform around permanent. them have begun to reach out to come the world. I have never seen our mili- My vote in support of this conference over to the other side because they see tary more proud of what they are report also comes with serious reserva- the future tipping in another direction. doing, with morale higher, more skill- tions because it contains the extremely However, there is an increase in the ful, better equipped to carry out the troublesome immigration and driver’s movement into Iraq of foreign terror- mission than they are carrying out. license provisions of the REAL ID Act, ists. Sometimes they are people re- This bill helps them to do what we which the House passed as an amend- cruited over the Internet, recruited at have asked them to do. ment to this bill. religious sites, coming into Iraq usu- I want to say, finally, that we have I strongly support efforts to curb ille- ally from Syria for as short as a day to exploit this moment, this tipping gal immigration and to prevent terror- before they are strapped with bombs, point, and act aggressively with the ists from entering our country to do sent in a vehicle aimed at a crowd of Iraqi government to bring over more of harm. But as we work to secure our Iraqis in a marketplace, sent to be in a the insurgents, thus isolating the for- borders and protect our Nation from line of Iraqis ready to enlist in the eign fighters, the terrorists, the al- future terrorist attacks, we must also Iraqi military or in the police force, Qaida/Zarqawi network people, and respect the need for refugees, foreign who then blow themselves up. making it harder for them to move workers, family members, students, What I am saying is there is a his- freely and resupply themselves. businesspeople, visitors, and others toric transformation going on in Iraq This has really now become quite ex- who wish to come to our Nation le- that already has and, if it can continue plicitly a war against the terrorist gally. to go with our support, will resonate movement that struck us on Sep- The REAL ID Act is a big step in the throughout the Arab world. I know tember 11, 2001. That, to me, means wrong direction. The new restrictions that as the American people every moving aggressively to close the border on immigration in the REAL ID Act night see only the suicide bombings, with Syria to stop the flow of terror- are not necessary to protect national they begin to lose hope about what is ists, and further help bring stability to security. Rather, they will only serve happening in Iraq. I appeal to the Iraq. Operation Matador, now in its to create serious and unjustified hard- American people to understand that third day in Iraq near the Syrian bor- ships for people fleeing persecution and those bombings, as devastating as they der, is the kind of sustained military for other non-citizens. are, are the result of the fanatical effort we need. Our pride, our prayers, Not only that, but the Senate has work of a minority of people, the same our gratitude go out to the Marines had no opportunity to consider the people who attacked us on September and others in the American military REAL ID Act. It is astounding that 11, 2001—same attitude, same mindset, who have advanced Operation Matador Congress would enact these significant same hatred. If we diminish our sup- with such remarkable success. immigration changes without the port for our presence in Iraq today for Our engagement in Iraq is crucial. It United States Senate ever having held the Iraqis who want so desperately to is in the best bipartisan traditions of a hearing on them, without the Judici- find a better life and govern them- American foreign policy that run from ary Committee ever having considered selves, we will have lost a moment of Woodrow Wilson to George W. Bush, them, and without Senators ever hav- historic opportunity and we will ulti- with a lot of good Democratic and Re- ing taken a vote specifically on those mately pay the price for it ourselves. publican Presidents in between. This reforms or having had an opportunity I had the opportunity to meet with supplemental supports that policy. It to offer amendments. Obviously these the new leadership of Iraq, the new advances the cause of freedom. It pro- issues are too important to address President of Iraq, Jalal Talabani, a tects American security. It supports them in such a truncated way. Con- Kurdish leader for decades, who many the American men and women who are gressional leaders have no business of us have met and come to know, a performing so valiantly and construc- tacking these very significant and con- good man, a strong man. I sat with him tively. I urge its adoption. I yield the troversial changes to immigration law and realized this is the duly elected floor. onto an unrelated, must-pass appro- successor to the brutal, murdering dic- The PRESIDING OFFICER. The Sen- priations bill. Clearly, this process was tator Saddam Hussein. It is a miracle, ator from Wisconsin. used because these changes could not something that neither he nor I, nor Mr. FEINGOLD. Mr. President, today pass the Senate on their own merit. most of us, and particularly the Iraqi I will cast my vote in support of the They had to be added to legislation people, could have imagined just a few conference report on the 2005 supple- that contains vital funding for our years ago. President Talabani deserves mental appropriations bill for Iraq, Af- troops in Iraq. our support. ghanistan, and tsunami relief. I do so What has happened to the legislative I met with the new Prime Minister, despite my strong objections to the ad- process? I know that some in the other Ibrahim al-Jaafari. I never met him be- ministration’s policy of continuing to body, and some in the Senate as well, fore. He is a good man. I found him to fund our military operations in Iraq have very strong feelings about these be thoughtful, strong, clear, very reli- and Afghanistan through emergency immigration provisions. But strong gious, very inclusive. Neither the Shi’a supplemental bills. These needs should feelings do not justify abusing the

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.043 S10PT1 S4824 CONGRESSIONAL RECORD — SENATE May 10, 2005 power of the majority and the legisla- debating the intelligence reform legis- tested on their driving skills, have ob- tive process in this way. I strongly ob- lation. The intelligence reform bill re- tained insurance, and are readily iden- ject to this tactic. quired a negotiated rulemaking process tifiable, rather than to force them to Let me explain a few of my concerns to develop minimum identification drive illegally. with the REAL ID Act. First, this con- standards, a process that is already While I am extremely concerned ference report will make it even harder under way and has included State gov- about the effects these REAL ID provi- for those fleeing persecution to seek ernments, the Departments of Home- sions are going to have on noncitizens asylum in this country. These changes land Security and Transportation, law and on already cash-strapped State to asylum law are simply unnecessary. enforcement, industry representatives, governments, I do want to note one As any attorney who handles asylum privacy advocates, and immigration bright stop in the immigration land- cases can tell you, asylum cases are al- groups. scape of this bill. That is the provision ready extremely difficult to prove. In They all had a seat at the table under that addresses the shortage of H–2B fact, only about 30 percent of asylum the intelligence reform bill. In fact, visas for temporary, seasonal workers. applications are granted today. Those they met for 3 full days just a few The cap for H–2B visas was reached just seeking asylum in the United States weeks ago. This process would have, in 3 months into the 2005 fiscal year, in already undergo the highest level of se- all likelihood, resulted in sensible, re- January, which meant that employers curity checks of all foreign nationals alistic standards for driver’s licenses to in Northern States, such as Wisconsin who enter this country, and the provi- improve security. whose tourism, landscaping, and other sions in this bill will result, I am sure, Instead, the REAL ID Act mandates seasonal industries get started later in in the rejection of legitimate applica- a long list of expensive and inflexible the year, have been unable to hire tions without making us any safer. requirements for the states, some of workers using H–2B visas. The asylum provisions of the REAL which could have serious unintended Senator MIKULSKI and Senator GREGG ID Act were improved somewhat in consequences. worked tirelessly to ensure that this conference, and I greatly appreciate Let me give you an example that provision was enacted into law in time the work Senator BROWNBACK did to demonstrates why we should not be to help employers who need workers make changes to the House-passed rushing these provisions into law. A this year, and I do commend them for version. But the changes do not go far variety of States, either by law or pol- their efforts. I have been proud to co- enough to adequately protect asylum icy, have address confidentiality pro- sponsor their H–2B legislation, and I seekers. This bill will have real effects grams that permit law enforcement of- am very pleased this is about to be- on real people—people who will be sent ficers, judges, or domestic violence vic- come law. Unlike the REAL ID bill, back to countries where they or their tims to list something other than their this provision had overwhelming bipar- families may be harmed or even killed home address on the face of their driv- tisan support in the Senate and quick because of their political or religious er’s license. They are required to pro- congressional action was definitely beliefs. vide their home address to the DMV, needed. There are also provisions in this bill but it is not actually printed on the li- Mr. President, I will vote for this leg- that would further restrict judicial re- cense. This is an important security islation because our Armed Forces view in immigration proceedings. This measure to protect public officials and need the funds it provides, but I strong- is not the time to downgrade the judi- victims of violence from individuals ly object to the inclusion of the REAL cial branch’s longstanding role as a who wish to do them harm. ID Act in the conference report. Those check on the abuse of executive branch The REAL ID Act would override who support these provisions have pre- power, particularly in light of some of these protections by mandating that a vailed only because they were willing the administration’s unprecedented ac- person’s home address be printed on to upend the legislative process to tions since September 11, 2001. Non- the face of the driver’s license itself. achieve their ends. I certainly regret citizens have borne the burden of many Had the Senate Judiciary Committee that, and I think many of us will come of the administration’s egregious civil had an opportunity to review this bill, to regret that. liberties violations that have occurred I feel confident we could have ad- I yield the floor. since September 11. I believe that we dressed this issue in a more nuanced The PRESIDING OFFICER. The Sen- can fight terrorism without compro- way, and certainly the process now un- ator from Ohio. mising our civil liberties. Making it derway that this bill will short-circuit Mr. DEWINE. Mr. President, I rise harder for non-citizens to seek judicial would have taken into account the le- today to briefly discuss the conference review in immigration proceedings is gitimate public safety interest allow- report to the emergency supplemental sending exactly the wrong message ing some people to not list their actual appropriations bill, which we hope to about the need to respect the Constitu- addresses. adopt later today. tion and basic human rights. The intelligence reform bill struck First, I thank my colleague from The REAL ID provisions in the con- the right balance by setting up a mech- Mississippi, Senator COCHRAN, for the ference report also have potentially se- anism to help improve the security of good work he has done. I plan to sup- rious environmental implications. One State identification cards, while also port adoption of this conference report. section of the conference report allows ensuring that States and other inter- There are certainly a number of pro- the Secretary of Homeland Security to ested parties would have input into the grams that will benefit greatly from waive all laws that he deems necessary process of determining minimum iden- passage of this bill. It is the right thing to allow expeditious construction of tification standards. I am very dis- to do. barriers at the border. Let me repeat appointed that the REAL ID Act is I must say, though, there are a few that: The Secretary can waive any and overriding this ongoing process with areas, which I will discuss in a mo- all laws that he wishes in order to con- costly and unrealistic requirements ment, where I do not think we have struct these barriers. I guess that could that leave States with little discretion. gone quite far enough. include labor and safety laws, but cer- On top of all this, the REAL ID Act First, let’s talk about the most im- tainly it means that environmental prohibits the issuance of State driver’s portant thing. Of course, that is the regulations can be waived, at the sole licenses to undocumented aliens. money that will go to support our sol- discretion of the Secretary. States should be the ones to decide diers. That is really why we are here. I also want to address the driver’s li- whether, in the interests of public safe- That is the most important provision cense title of the conference report. ty, they wish to issue driver’s licenses in the bill. Let me talk about a couple This title of the REAL ID Act is par- to undocumented aliens. The reality is, of specific items that will aid our sol- ticularly unfortunate because it re- there are millions of undocumented diers. peals provisions of the Intelligence Re- workers in the Nation. States could This bill includes Senator CRAIG’s form and Terrorism Prevention Act, reasonably decide, just as Wisconsin amendment, which I cosponsored, to which we just passed a few months ago, has, that from a law enforcement and provide an immediate payment—it and replaces them with the unworkable public safety perspective it is better to ranges from $25,000 to $100,000—to those mandates that Congress rejected when ensure that these individuals have been who have suffered traumatic injuries

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.014 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4825 on active duty, such as the loss of an from one side of his home base to an- congratulate the chairman—as many arm or leg or the loss of their hearing other, in service to his country. His essential priorities were funded. Be- or sight. family will not get that death benefit. cause of what the chairman did and The bill also includes my second-de- We also will not cover the death of a what others did, many people will be gree amendment to Senator CRAIG’s service member who gets into a fatal fed, many people will be helped maybe amendment making this provision ret- accident en route to a conference he or not at the level I would have liked in roactive to October 7, 2001. This sec- she was ordered to attend. And it will some cases, but we did a pretty good ond-degree amendment I offered will not even cover a military police officer job. ensure the coverage of soldiers who guarding the gates of one of our domes- One country that certainly needs as- have been injured in Iraq, injured in tic bases who may fall from heat sistance in this supplemental is Haiti. Afghanistan, those soldiers who many stroke. I do not think that is right. I Haiti is embarking on a road to at- of us have seen or talked to who are think that was a mistake the con- tempt to move toward democracy. currently recuperating at Walter Reed, ference made. They have had a very troubled past, a Bethesda, or other hospitals around As I have done since the beginning of troubled present. Its current history is our Nation, as well as those who have this Congress, I will continue, as I troubled. They are facing elections this left the hospital and are learning to know others will, to work to expand year. live with their injuries. the applicability of this critical ben- I thank Chairman COCHRAN and Sen- This amendment would help service efit. ator BINGAMAN, Chairman MCCONNELL, members, such as Army SSG Justin I must say, I was also disappointed and all the conferees who supported my Shellhammer, whom I spoke to today that we were unable to pass an ex- efforts to include emergency money for on the phone. Justin Shellhammer is a tended TRICARE Prime medical ben- Haiti. Haiti needs election assistance courageous young man, someone of efit for children of decreased service and security. This bill provides $20 mil- whom we can all be very proud. I members. Under current law, the de- lion for election assistance this year, talked to him on the phone this morn- pendent child of a deceased service for police training and for public works ing. He is excited he is going to get a member receives medical benefits programs. All this money is urgently leg this afternoon. He told me about under TRICARE Prime for 3 years at needed. I will be working closely with how his recuperation has been coming no cost. But following that period, the the U.S. Agency for International De- along and what his prospects are. When dependent children may continue to re- velopment to ensure this money flows you talk to someone like him, your ceive TRICARE Prime, but they must quickly into Haiti. heart goes out to him. But, frankly, pay for that benefit at the retiree de- Another troubled spot in this world you feel great admiration for him and pendent premium rate, available to is Darfur. Again, I congratulate the how courageous he is. children under the age of 21 or 23 if chairman for his work. Senator I am also pleased this bill includes an they are enrolled in school. Also, after CORZINE offered an amendment. Sen- additional $150 million for the procure- 3 years, when a dependent child’s mili- ator CORZINE has been a true champion ment of up-armored humvees. Many of tary parent dies, and if that family in this area. I congratulate him. He of- us on the Senate floor and in the House elects to pay the premium and stay en- fered an amendment, of which I was have supported, for a long period of rolled, even if they pay that premium, the lead cosponsor, regarding Darfur. I time, increases in funding for this pro- that child would move down on the thank him for his efforts and commit- gram. It is an important program. food chain, so to speak, in terms of the ment to helping end the crisis in the There is a critical need for these vehi- availability of services and priority. I region. The final conference report pro- cles in Iraq and Afghanistan and here do not think that is right. I think we vides $50 million to support the African in the United States where they are need to correct that. Union to stop the genocide in Darfur. used for training. What that means is that if there is a Again, I thank Senator MCCONNELL and Quite simply, these vehicles have doctor’s appointment opening, and Senator LEAHY for their good work in saved the lives of hundreds if not thou- your parent is alive, and your parent is this area as well. sands of service men and women and continuing to serve, you get preference The conference report also provides enabled them to complete their mis- over a child whose parent was killed in an additional $90 million for inter- sion. Iraq or Afghanistan. Now, do we really national disaster and family assistance Just a few moments ago, I talked think that is right? I do not think so. to help ensure humanitarian aid flows about the fact that there are some I do not think there is any person on to Darfur and other African crises. We items that should have been included this floor or in the Senate who would are looking at genocide in Darfur. We in the bill that are not. I am, frankly, say that is right. are staring it down, and we cannot af- a little disappointed. This is simply not fair. I don’t think ford to blink. It is only right that this The conference report does not pro- any Member of the Senate who really bill contains funding for this crisis. vide the death gratuity increase that understands this would say that is Finally, I thank Senator KOHL for his we provided to all Active-Duty deaths. right. My amendment, which was not efforts to help increase our U.S. food This bill increases the death gratuity included in this bill, would have aid. I worked with Senator KOHL. I was to $100,000—and that is a very good changed that by putting surviving chil- his lead cosponsor on his amendment, thing—to the families of those who dren of service members killed in serv- which the Senate passed, to include have died in service to our country. ice in the same position—no better but $470 million in food aid to cover known But the language in the bill that came no worse—as if their parent would have worldwide aid shortages. Again, I out of conference provides only for lived and continued to serve in the thank Senator COCHRAN for his good deaths that occur in a combat zone or military. It would have put them in no work in this area. those that are ‘‘combat-related.’’ I better position but, rather, in the same The conference report, unfortu- think that is much too narrow. I think position, and they would continue to nately, contains only $240 million. This it is a shame. I think it is too bad that receive TRICARE Prime at no cost money will help, but it is not at the is what the conference did. until they became an adult. level the Senate had provided. This is If we do not apply the death gratuity I wish to let my colleagues know not enough to cover existing shortfalls, increase to all Active-Duty deaths— that I plan to continue this debate and much less new emergencies or wors- which is what we should have done—we to try to get this in the Defense au- ening conditions in places such as Ethi- will not be covering a number of indi- thorization bill. This is a matter of opia. Last year, 300,000 children in viduals who die while carrying out simple fairness. It is the right thing to Ethiopia died of malnutrition. This their orders, who die in service to our do. So this discussion will continue year, the situation is worse, with country. Their families will not be cov- this week and in the weeks ahead. drought destroying crops in large parts ered. For example, we will not cover Let me turn to another topic that of the country. The people of Ethiopia the family of a service member who this bill addresses, and that is humani- will avoid the starvation that is on the gets into a fatal car accident carrying tarian assistance. I believe we did a horizon only if we act. That means re- out very specific orders to deliver files pretty good job in this bill—again, I maining open to the possibility of

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.046 S10PT1 S4826 CONGRESSIONAL RECORD — SENATE May 10, 2005 using the Bill Emerson Humanitarian this aid bill to help our troops protect that we can be on the record on an issue that Trust and other tools in our food aid themselves and complete successfully has never been brought before committee in arsenal. We must understand that it is the dangerous mission we have as- the Senate. not only Ethiopia where we have a cri- signed them. But I am concerned that My question to you is this, Mr. Chairman: There have been times when conference com- sis; we have crises all over the world when all of these new veterans come mittees of this magnitude have recessed and with regard to food aid. We simply do home and need medical care, they are never been heard from again. The next thing not have enough food. going to be pushed into a VA system we find is a conference committee report on I am proud to be joining Senator that does not have medical staff, facili- the floor on a take it or leave it basis. KOHL in sending a letter to the Presi- ties, or the funding needed to care for Can we have your assurance that we will dent asking him to look at the Bill them. That is exactly why I was on the return for votes on amendments such as Emerson Trust as we enter the summer Senate floor fighting to include within those we have debated today and those that season that so often results in food the supplemental the critical cost of I have mentioned? shortages, not just in Ethiopia but war, and that is taking care of our Na- Senator COCHRAN’s response to Sen- around the world. I again commend tion’s veterans. ator DURBIN: Senator KOHL for his commitment to I am disappointed that Republicans Senator, I would be glad to make the as- end hunger around the world. in the Senate have decided that fund- surance that if there is work to be done, if There are good parts to the con- ing for veterans care is not an emer- there are open items to be considered, that ference report we are passing today. It gency and not a priority. By denying we can consider those in conference. I am not prepared to make a commitment as to provides immediate and necessary help that there is a crisis at the VA, they when that will be. I don’t want to lead you that our soldiers need to do their job. are simply ignoring our responsibility to believe that I am going to surreptitiously It provides our injured service men and to fully provide for the men and women or in secret reach an agreement on the other women with care that they desperately who are risking their lives for our free- side without consulting all the conferees on need. It provides money for Haiti and dom. Our veterans, our military, and the Senate side. Darfur, other African crises. However, our future recruits deserve better. Tak- I think everyone in this conference has a frankly, we could have done more. Leg- ing care of our veterans is part of the right to participate in this discussion and I islation, though, is never perfect. We cost of having a great military. It is a wouldn’t want to cut off anybody’s right to participate. simply need to continue to work to- real disservice that we have not taken gether to address issues that are not care of that funding within this bill. Mr. President, I have worked closely fixed in this legislation. I am here today because I am also with Senator COCHRAN for many years, I thank the Chair and yield the floor. very troubled by how far-reaching and and I do know him to be a man of his The PRESIDING OFFICER. The unrelated immigration rules got at- word. But to me, what that exchange Democratic whip. tached to this bill without a vote and meant, sitting there in that con- Mr. DURBIN. Mr. President, it is my without an opportunity to debate. The ference, was that we would have an op- understanding that under the previous REAL ID provision has ramifications portunity to vote on the REAL ID pro- order, I will be recognized for up to 1 for privacy, for States rights, and for vision, but that never happened. To hour. immigration policy. I am disappointed me, that was wrong. The PRESIDING OFFICER. That is that it has been rammed through as an The REAL ID provision will have correct, of which 10 minutes will be attachment to a desperately needed dramatic and far-reaching changes and yielded to the Senator from Wash- bill that funds our troops. Frankly, a puts an unfunded mandate on many ington. lot of us are kind of scratching our States. Yet it was never brought before Mr. DURBIN. Mr. President, I yield heads about how this REAL ID provi- a Senate committee, and it was never 10 minutes to the Senator from Wash- sion ended up in this conference report. voted on in the conference. ington, Mrs. MURRAY. I know I didn’t vote for it. I know there That is exactly why I did not sign the The PRESIDING OFFICER. The Sen- wasn’t even a discussion of it in con- final conference report, which is very ator from Washington. ference, but somehow it is included in unusual for me. I did not sign it be- Mrs. MURRAY. Mr. President, I rise a must-pass bill. cause I believe the process was flawed to talk about the supplemental appro- Mr. President, I served on the con- and we were denied an opportunity to priations bill we are considering which ference committee, and I want to share debate and discuss these immigration funds our military activities in Iraq with my colleagues exactly what hap- changes before they were brought to and Afghanistan. Overall, I support pened in that conference committee so the floor as part of a must-pass bill. this bill. We do need to get the money they will understand why the sudden Mr. President, we are all very con- out to our troops. But I am here today appearance of the REAL ID provision is cerned about security, but this re- because I have several concerns about so surprising to many of us. ceived very little debate. Before Con- what it leaves out and how it was put When the conference committee met, gress mandates these kinds of changes, together. the chairman gave assurances to the we should have a more informed de- I have to say I am particularly trou- minority that we would be able to vote bate. In fact, it begs the question, why bled that I and other Senators were de- on several provisions when the con- was this added to a must-pass bill with- nied a promised opportunity to debate ference met again. But that conference out a debate? Probably because it could and vote on some very controversial never met again, leaving no oppor- not withstand a rigorous and open pub- immigration changes that have been tunity for the minority party to vote, lic debate. We should have that, and I attached to this bill. much less to strike these provisions. am disappointed that the majority de- First, let me say, I know how impor- I want to share with the Senate the nied us that opportunity. tant the funding is to our troops over- specifics. In our second meeting of the I also want to note today the irony seas. In March, I traveled with the Sen- conference committee, Senator DUR- that the Senate is about to allow a ator from Illinois and several others on BIN, who is now on the Senate floor, technical fix to immigration-related a bipartisan trip to Iraq and met with asked Chairman COCHRAN for his assur- language that was included in the sup- troops from the State of Washington. ance that we would get a chance to plemental, which I agree needs to be To a person, each of them was a dedi- vote on these immigration changes, fixed; but the Democrats in the con- cated professional who was putting and other open items as well, before ference committee were not provided duty above their personal well-being. the supplemental was sent to the floor. any opportunity to fix any other immi- They need our support, and they de- In fact, I want to read a portion of gration provision. serve every resource our grateful Na- the transcript of that meeting. This I want to reiterate my frustration tion can provide. discussion took place on Thursday, with how the REAL ID Act was in- As I have said before, I am the daugh- April 28. cluded and that we were not given the ter of a disabled World War II veteran. Senator DURBIN said: same consideration regarding that lan- I represent hundreds of thousands of I would also like to say to my colleagues, guage. Washington State veterans and mili- if this bill contains—as I believe it does—the Mr. President, the REAL ID provi- tary families. I support every dollar in REAL ID Act, I would like a vote on that so sion has some unique impacts for my

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.048 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4827 home State. This section on immigra- a real cost to the American taxpayers, is a major change in the law in this bill tion is particularly troubling to me be- to our Government. But by putting it about the issuance of driver’s licenses cause Washington State has in separately, it is a little sleight of in the United States of America. Why proactively enacted several laws to hand, so that you don’t add the $81 bil- in the world is that in this bill, the protect the privacy of Washington lion to the actual cost. emergency bill for the troops? I think State residents. Secondly, if this went through the she has made it clear. While I understand the needs for in- ordinary appropriations process, there Let me give a little background. If creased security, I don’t think Wash- would be hearings and questions would we were fair, we would not call this the ington State laws should be completely be raised—questions I would like to emergency supplemental appropria- overridden by this provision, especially raise after I visited Iraq with the Sen- tions for the fiscal year ending Sep- without ever having had the chance for ator from Washington. Why, in a third tember 30; we would call this the Larry debate and discussion on it. year of the war, are we still trying to Lindsey memorial bill. Why? Because We know this bill is going to pass. find armor plating for humvees and Larry Lindsey happened to be the Our troops need the funding it in- trucks to protect our troops? Why, in Budget Director under President Bush cludes. I am already working with com- the third year of the war, after giving who made a big mistake. When we in- munities and officials across Wash- every dollar the administration asked vaded Iraq, Mr. Lindsey predicted the ington State to help find a way to im- for, don’t we have protective body war would cost somewhere between plement these new requirements. I will armor for all of our soldiers? Why, in $100 billion and $200 billion. Mr. continue, once this is passed, to push the third year of the war, don’t we have Lindsey was dismissed from his job as the administration to now provide the the most modern helmets and firearms a result of suggesting the war might funding necessary to make these that our troops need to be safe, to per- cost that much money. changes without piling new burdens form their mission and come home? And remember Deputy Defense Sec- onto our already cash-strapped State. Hard questions. I might also like to retary Paul Wolfowitz? They asked Mr. President, it is really unfortu- ask a few questions about some of the him: How will we pay for the war in nate that at a time when we should be major contractors who are being paid Iraq? He assured us in open testimony focusing on the needs of our troops and for this war. Millions, if not billions, of that Iraqi oil money would pay for the our veterans, the majority party is dollars are going to companies on no- reconstruction, and at one remarkable using the supplemental aid bill as a ve- bid contracts. You know the names. Senate hearing, Defense Secretary hicle to legislate on subjects that have Halliburton leads the list. I will tell Donald Rumsfeld even predicted Iraqi not received the debate and attention you this. It is considered entirely inap- tourism dollars would help finance the they deserve. But at the end of the day, propriate in Congress to raise the ques- new Iraq. we know we cannot afford to fail in our tion about whether Halliburton has Fast forward to today. With the Sen- missions abroad. With hundreds of been paid too much or improperly. You ate’s passage this week of this bill, thousands of troops sacrificing every just don’t ask those questions around American taxpayers would have com- day in Iraq and Afghanistan, I will sup- here. Those are things which Congress mitted nearly $300 billion for the wars port this supplemental bill, and I will has no business asking about, accord- in Iraq and Afghanistan. We are still continue to work to fight for their care ing to the Republican majority. Those waiting for that tourism money, we are as they return home. are questions that would be asked if still waiting for that Iraqi oil money, I thank my colleague from Illinois this appropriations bid went through and Mr. Lindsey is now in civilian life for yielding me time and allowing me the regular process. for suggesting the war might cost a to express my frustration on how this Instead, it comes to us as an emer- third of what it has actually cost. part of the bill was put in without any- gency. We don’t have time to talk That is the reality, and there is no body able to discuss it in conference about it or to ask any questions. They end in sight. We are not going to delay committee. say: Come on now, the troops are at passage of this bill; there is too much I yield the floor. risk. Let’s pass the bill and get it over at stake. Mr. President, 150,000 Amer- The PRESIDING OFFICER. The with. ican soldiers rely on our prompt action Democratic whip is recognized. That is what we face every year. The on this bill, and it will pass here today, Mr. DURBIN. Mr. President, I thank majority knows that even those of us as it should. the Senator for her statement with who voted against the use of force reso- Let me speak about some elements of which I agree. This is called an emer- lution for the invasion of Iraq have this bill I think should be part of the gency supplemental. It is the nature of said we are going to vote for the money record. Democrats are going to support an emergency supplemental that it for the troops. If it were my son or this bill not only because it helps the funds things that were unanticipated, daughter, my brother, or someone in troops, because it does fund some true such as natural disasters and military my family whose life is at risk in Iraq, emergencies. There is $900 million in operations that we didn’t anticipate. whether I agree with the way we went emergency relief for the victims of the That is the nature of an emergency into the war is irrelevant. I am going South Asia tsunami, one of the great- supplemental. Yet, when you look at to give those soldiers, marines, and our est natural disasters in modern mem- it, at the real nature of this bill, there other Armed Forces every penny they ory, and $400 million for humanitarian is no emergency or unexpected element need to perform their mission and assistance in the Darfur region of here. This is funding the third year of come home safely. We can debate the Sudan. If this genocide in Darfur is not a war in Iraq. policy and whether we are going to an emergency, what is? Unfortunately, Did we expect to be gone from Iraq make the mistake we made in Viet- what is missing from Darfur account- by this time? I don’t think anybody nam, where our policy debate turned ability passed by the Senate is seeking suggested that. Yet the administration into a debate at the expense of our justice and security for the victims of continues to bring the funding of our troops. And so the administration and this campaign of murder, rape, and de- troops into the Congress on an emer- the Republican majority take advan- struction. gency basis. Why would they do that? tage of it. They pushed this bill I am also going to vote for this bill Why would they not put it through the through on a take-it-or-leave-it emer- because it does include a provision ordinary appropriations process? There gency basis, and they say do not ask which I added on the Senate floor re- are two good reasons. First, it isn’t any hard questions. We do not want to affirming America’s commitment to added to the national debt each year. talk about armor for humvees. We do not engage in torture or other forms of The President can say, when he pre- not want to talk about Halliburton. cruel, inhuman, or degrading treat- sents his budget, that we are close to Take it or leave it. ment of prisoners of war or other de- being in balance. In fact, we are not That is sad. Yet in their hurry to tainees. I believe reaffirming this long- even close. We have the largest deficit bring this bill to the floor, they load it standing American commitment to in the history of the United States of up with things that are not related to this fundamental standard of inter- America under the Bush administra- the war in Iraq. We heard what the national law and decency will help re- tion. You have to add this to it. This is Senator from Washington said. There store our credibility and our moral

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.050 S10PT1 S4828 CONGRESSIONAL RECORD — SENATE May 10, 2005 standing in a world which questions Guard and Reserve. There is one major would not do what they have done in what happened at Abu Ghraib and employer that employs 10 percent of the past and kill this amendment with- Guantanamo. As many military ex- the Guard and Reserve in America, 1 out giving us a chance for an up-or- perts have told us, it will also reduce out of 10, that refuses to make up the down vote in front of God and the the chance that American military per- difference in pay. Who could that em- world. I was given that assurance, but sonnel, when captured, would be tor- ployer be? It is the U.S. Government. sadly it did not happen. tured. The Federal Government refuses to The conference committee recessed The bill contains $5.7 billion to train make up the difference in pay for these and disappeared and, unfortunately, we Iraqi troops. Six or 7 weeks ago when I soldiers and marines in our country. never had a chance to have an open was in Baghdad, they showed us a How can we possibly explain that? We vote on whether we would stand behind handful, a dozen of these troops who are praising companies and other gov- these Guard and Reserve members. were in an exercise. I am not a military ernments that stand behind their peo- That is unfortunate. I had hoped the expert. I do not know if they were real ple while we fail to do the same. assurance by the chairman would mean soldiers. I do not know if they were So on three different occasions, I of- we would get that vote. It did not hap- really trained, but thank goodness fered an amendment on the floor, and pen. there is some effort underway to try to it was adopted, which said we will It appears the White House overrode replace American soldiers with Iraqi stand behind the Guard and Reserve. anyone’s intent to bring this measure soldiers. We will make up the difference in pay, up for consideration. Josh Bolton, the It also contains crucial requirements just as other companies do. Take a Director of the Office of Management that progress and training be mon- look at the companies that have done and Budget, released a letter saying itored and measured, language Senator their patriotic duty. They are big the White House opposed our reservist KENNEDY, Senator LEVIN, Senator names: Sears and Roebuck, out of my pay amendment because it would ‘‘in- BYRD, and I worked hard to preserve. It State of Illinois, IBM, General Motors, crease costs and have a negative im- is not enough for high-ranking admin- United Parcel Service, Ford, 24 State pact on morale and unit cohesion.’’ istration officials to assure us that governments. But not the U.S. Federal Think about that. The argument is 130,000 Iraqi troops have been trained Government. And, Mr. President, do that the soldiers under fire worrying when only a small fraction are actually you know what the problem is? Every from day to day whether they will be ready to fight, or when tens of thou- time we pass it on the floor, so many alive would compare pay stubs and sands of U.S.-trained Iraqi police offi- Members race up here to vote for it, have a general conversation about how cers have gone AWOL. We cannot find saying: Oh, we are all for the men and much money are you getting from your them. Knowing how many Iraqi troops women in uniform; God bless them; employer, how much are you receiving, are ready to defend the nation will give give me a flag to wave; we are all with as if they would care. Those units go us a better idea of when we can bring them. And then as soon as it gets in into battle together to protect their our troops home, and the sooner the conference committee, they strip it. lives. I do not think they resented that better. Year after year they take out this pro- one soldier in that unit had help be- I thank the chairman and ranking tection for Federal employees who are cause he happened to be an employee of member for working with us on the literally risking their lives today in Sears, another soldier because he hap- troop training and torture amend- the Guard and Reserve. pened to be an employee of one of the ments, some of the reasons I will vote According to a recent survey made 23 State and local governments. They for this bill. by the Defense Department, 51 percent are not going to hold that against their The final conference report does in- of the Guard and Reserve members suf- fellow soldiers. That is going to under- clude other issues that trouble me fer a loss of income during long periods mine morale? They have to say: You when it comes to our troops. I have of active duty. Three-quarters of Guard are lucky; I happen to work for the been trying for almost 3 years to make and Reserve members surveyed cited Federal Government, and I get no help. certain that Federal Government em- income as one of the major reasons I come here and risk my life, and this ployees who are members of the Guard they were leaving the service. We know amendment is defeated in the darkness and Reserve and who are activated to recruiting is down, retention is under of a conference committee every single serve overseas do not find themselves pressure, and yet we refuse to make up year. facing extraordinary financial hard- the difference in pay for 1 of every 10 That argument is just nonsense. ships. In the Pentagon, we go to busi- Guard and Reserve. What message are we sending to con- nesses across America and say: If you Today, 17,000 Federal employees are scientious employers? Unfortunately, want to be a patriotic business, if you activated. To date, 36,000 have been ac- the wrong message: Do as we say, not want to show your love of America, tivated and deactivated. So large num- as we do. Listen to the Federal Govern- show your love for the men in the bers of men and women are affected by ment, listen to the Members of Con- Guard and Reserve, and the women as this amendment. And in the darkness gress with all their patriotic speeches, well, and if they are activated, help of the conference, after the doors are and then watch as we deep-six this pro- their families; cover them with health closed, when the press has left, when vision year after year. It is an unfortu- insurance, if you can; make up the dif- nobody is watching, they take out this nate message to some of the best men ference in pay, if you can. And many of protection for Federal employees. and women in America who risk their them have stepped forward and said: The lead sponsors of this provision lives for our freedom. We are going to do it. In fact, almost are going to continue the effort with We also wanted to push for more vet- 1,000 different corporations and units of me. Senator BARBARA MIKULSKI of erans health services. Senator MURRAY government—State and local—have Maryland, and Senator GEORGE ALLEN, of Washington offered a $2 billion said we are going to stand behind those a Republican from Virginia, have amendment, and she said if the war is Guard and Reserve families. They are joined me. Our measure is endorsed by an emergency, treatment of the vet- making enough of a sacrifice, they are the Reserve Officers Association, the erans of the war should be an emer- putting their lives on the line, and we Enlisted Association of the National gency. We know that is true. We know will stand behind the families who stay Guard, and the National Guard Asso- these veterans come home with real home so that soldier, worried about his ciation of the United States. needs. life, does not have to worry about the The Congressional Budget Office and I had hearings across my State on mortgage payment. We even have a the Budget Committee staff studied posttraumatic stress disorder. I have Web site sponsored by our Federal Gov- our plan. They agree it would not add been around this business for a long ernment saluting these great compa- $1 to the budget because the cost of the time. I have never, ever witnessed what nies for standing behind our Guard and affected workers’ salaries is already in- I did then. We had men and women Reserve, as we should. cluded in the budget. coming in who had served in Iraq and But let me let you in on a secret. The last time the conferees met, I returned, young men and women who There is one major employer in Amer- asked the chairman, Senator COCHRAN, risked their lives wearing the uniform ica that refuses to stand behind the for his assurance that the Republicans of America. They are home now, but

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.052 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4829 the war is still on their mind. For General T. Michael Moseley, Air est and realistic way to approach it. many of them, it is a destructive mem- Force Vice Chief, said: We were given this on a take-it-or- ory, things they saw and things they I believe a death is a death, and I believe leave-it basis. did which they cannot get out of their this should be treated that way. . . . The American people deserve to minds. They come back and finally re- Sadly, these people were not listened know what they can look forward to alize they need a helping hand. They to and, unfortunately, this bill does under this REAL ID Act, which is part are estranged from their families. not provide the protection which our of this emergency supplemental. Some Their spouses are saying: That is not soldiers truly need and deserve. say that it is just simply going to keep the same soldier who I sent over there. Senator DEWINE and I, on a bipar- illegal immigrants from obtaining What happened to him? tisan basis, are lead sponsors of a bill driver’s licenses. If that were the case, They find themselves despondent, to change that benefit and to make it it would be a much different and much angry, unable to cope with ordinary fair. I certainly hope we can. smaller bill. life, turning on members of their fam- This bill also shortchanges our first Under this law, to get a driver’s li- ily in anger, and they need help. Sadly, front-line troops at home, the first re- cense in any State in America, one will too many of them need help they can- sponders. All across America, police, need to present several pieces of identi- not find at the veterans hospitals. So if fire departments, and EMT squads are fication. One has to provide a photo ID we promise these men and women when stretched thin. Many lack equipment. document or a non-photo document they serve our country that we will Many of them are not getting the containing both the individual’s full stand behind them, should not the Vet- HAZMAT and other specialized train- legal name and date of birth; and docu- erans’ Administration, the hospitals ing they need. This bill does not con- mentation of the individual’s date of and clinics, be ready to stand behind tain one dollar, not one dime for first birth, Social Security number or the them, when they come home, for their responders. individual’s non-eligibility for a Social injuries, for this posttraumatic stress We have so few Border Patrol agents Security number, and the name and ad- disorder? Is it too much to ask that we that vigilante groups such as the dress of the individual’s principal resi- have family therapists who will work armed Minutemen have decided to take dence. with spouses and children who have it upon themselves to patrol the bor- Now there is a catch to this. One has seen a different father or a different ders of the United States. Yet this bill to come into that driver’s license sta- mother come home? I believe it is only contains funds to hire only 500 new tion with that proof. What is it going reasonable. Border Patrol agents—not enough to to be? Well, they at least need a birth Senator MURRAY led the way. She do the job. New York City has 40,000 po- asked for $2 billion to be put in as an certificate, that is for sure, or some- emergency for veterans hospitals and lice officers. We have 10,000 border thing like it. They are also going to clinics. It was turned down on the Sen- agents to secure the entire U.S.-Cana- need some proof of their Social Secu- ate floor. dian and U.S.-Mexican borders, even rity number. They are also going to I am glad that the death gratuity is with the new agents in this bill. The need some proof of their residence. Now increased. Twelve thousand dollars for Republicans have argued we can afford when they bring those documents in your life in service of your country? I to give a $35,000 tax break to a person for their driver’s license, the State em- am glad we have raised that to $100,000 who is earning over $1 million a year, ployee whom they face, who is issuing tax free for spouses and children of but we cannot afford to hire 500 Border the driver’s license, cannot just accept those who die in service. It also in- Patrol agents. Their priorities speak them at face value; they have to take creases from $250,000 to $400,000 the life for themselves. Homeland security is the documents and verify them with insurance benefits that are available. not a job for armed volunteers; it is a the agency that issued them. Until There is one catch. In the Senate, we job for professionals, and it ought to be they verify them, a person cannot re- voted to increase these benefits for the a priority for this Congress. ceive a driver’s license. families of all Active-Duty service Now let me speak for a moment to Imagine if one is a naturalized Amer- members, but behind the closed doors this REAL ID bill. This is a serious ican citizen who was born in the former of this conference committee which problem. If one is going to use a driv- Yugoslavia. You present your birth met in private and in secret, the Re- er’s license to prove their identity, certificate to the clerk at the Depart- publicans changed the rules. They de- wherever it may be—stopped by a high- ment of Motor Vehicles. There are two cided on their own, without a vote, way patrolman or getting on an air- big problems. without a discussion, to restrict the plane—we need to make sure that driv- How is that clerk in Springfield, IL, new death benefits and the new life in- er’s license is authentic. at secretary of state Jesse White’s surance benefits only to families of We have 50 States with different motor vehicle facility, going to verify service members who die in a combat standards for establishing one’s iden- the authenticity of documents issued zone. That simple geographical distinc- tity. It is a serious problem, serious by a government that no longer exists? tion, ‘‘in a combat zone,’’ could dis- enough that when the 9/11 Commission Good question. I do not know the an- qualify about half of all families who report came out and we put together a swer. have lost a loved one serving on active bipartisan bill to respond to it, we in- There is another problem. The REAL duty since the start of the war in Af- cluded a provision in that bill that re- ID Act says that the State cannot ac- ghanistan. These families will not be quired the Federal Government and cept any foreign document other than eligible for the new benefits because State governments to work together to an official passport. So, even if the the husbands and fathers, wives and come up with realistic, operable stand- clerk could verify the birth certificate, mothers died outside of what is tech- ards to prove identity for those who he cannot accept it. nically classified a combat zone. That were applying for driver’s licenses. We Imagine you are the person behind is arbitrary, that is wrong, it is unfair. passed that bill overwhelmingly on a the counter. Whether a soldier dies in Iraq or train- bipartisan basis. I was happy to be one What are you going to do? With ing to go to Iraq, his sacrifice is equal- of the cosponsors of that legislation whom do you check? Whom do you ly great, the loss to his family equally and glad that the President signed it. call? And what do you do about the devastating, and our Government owes Then Members of the House said: We do people standing in line waiting for an equal debt to his wife and children. not agree with that cooperative proc- their turn to put more documents on We have had testimony from those ess. We want to establish the standards the desk? uniformed officials who appear before on our own. We want to write them If you think a trip to the Department the Armed Services Committee and we into law. And they created something of Motor Vehicles is a bad experience ask them about this. Admiral John called the REAL ID Act. today, wait until the REAL ID takes Nathman, Vice Chief of Naval Oper- We did not have public hearings on effect. This is not necessarily going to ations for the Navy, said: ‘‘They can’t the REAL ID Act. We did not invite in make America any safer. It will make make that distinction. I don’t think we the Governors. We did not invite the States poorer. The estimates are it will should, either,’’ in terms of who is State motor vehicle agencies. We did cost States about $500 million to $700 dying in a combat zone and who is not. not have a conversation about an hon- million, another unfunded mandate,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.054 S10PT1 S4830 CONGRESSIONAL RECORD — SENATE May 10, 2005 and in return for this massive cost and Mr. REED. Mr. President, I thank the It is unfortunate these unsound pro- inconvenience we will get, at best, Senator from Illinois not only for the visions will be enacted as part of this marginal increases in security. time but also for his eloquent state- bill. It is my hope that in the very near The States have 3 years to put this in ment about this legislation, and par- future we will be able to have a na- place and, incidentally, if we find ticularly the REAL ID bill. tional discussion on immigration in a States that don’t have it in place in 3 The emergency supplemental bill we comprehensive, thoughtful, and delib- years, an interesting thing happens. No are considering today provides needed erate way that will provide real solu- one’s driver’s license from a State that funding for our men and women in uni- tions to real problems. It is not pos- hasn’t been certified to be in compli- form who are engaged in combat oper- sible to solve our immigration prob- ance can be used for Federal identifica- ations in Afghanistan and in Iraq, as lems by simply removing those who tion. And if it turns out the State of Il- well as emergency assistance to the seek legitimate help from our Nation, linois, at the end of 3 years, still does victims of the tsunami. This aid and or by raising the bar for those who are not have this together, what is going to assistance cannot wait because it is a immigrating here legally. As a nation happen? It means myself, as a resident demonstration of our Nation’s good of immigrants and a global leader on from Illinois, presenting a driver’s li- will towards those who have been dev- human rights, the inclusion of the cense at the airport, will be turned astated by natural disaster, and also REAL ID Act in this bill and in this away. Illinois licenses are not accept- our commitment to our soldiers in manner is unacceptable, and I will ed. That is what this bill says—without combat. These noble goals are unfortu- work with like-minded colleagues to nately tainted, however, by the deci- 1 minute of hearing in the Senate, reverse this law. without 1 minute of debate on the floor sion of the Republican leadership to in- I yield the remainder of my time to clude a controversial piece of legisla- of the Senate. the Senator from Illinois. This is an unworkable and unfunded tion known as the REAL ID Act. Mr. COCHRAN. Mr. President, I sug- Senator DURBIN has gone into great mandate. gest the absence of a quorum and ask In a conference committee, I said to detail to show how unwieldy it is and perhaps how unnecessary it is. There unanimous consent the time under the the chairman: I think we need a vote quorum be charged equally to both on this. I think members ought to be are other ways to more effectively and efficiently verify the identity of indi- sides. asked to stand up and explain why they The PRESIDING OFFICER (Mr. are going to support this without any viduals. Also, this kind of back-door legis- DEMINT). Without objection, it is so or- hearing, without any deliberation. I dered. The clerk will call the roll. want to debate it, and I would like to lating is symptomatic of the majority’s near total disregard for the precedents The assistant legislative clerk pro- have an official vote so we know where ceeded to call the roll. the Members of the Senate and the and procedures of the Senate that have served our Nation so well and for so Mr. OBAMA. Mr. President, I ask House stand on this proposal. unanimous consent that the order for I believed that I had an assurance long. I hope the American people real- the quorum call be dispensed with. that I would receive it, but I didn’t. Ul- ize this maneuver is yet another exam- ple of the majority’s desire to pass the The PRESIDING OFFICER. Without timately, the committee recessed. No objection, it is so ordered. votes were taken. It comes to us now most controversial legislation by slid- ing it into a bill which cannot be The Senator from Illinois is recog- as part of this funding for the troops on nized. a take-it-or-leave-it basis. That is not amended and is subject only to an up- or-down vote. Mr. OBAMA. Mr. President, I rise a good way to legislate. today to speak about the fiscal year Let me also say I think this REAL ID With no Senate debate, and very lit- 2005 emergency supplemental appro- is going to create hardships that are tle review, the REAL ID Act makes priations bill. Every day in Iraq and totally unnecessary. We can ascertain significant and harmful changes to our Afghanistan, the men and women of the identity, and we should, of the peo- Nation’s immigration system, as well the U.S. Armed Forces risk their lives ple applying for driver’s licenses. But as our system of licensure of auto- to defend ours. They are completing a the way this was written is sadly not mobiles and drivers throughout the going to achieve that in the most effi- United States. mission they did not ask for and, in cient way. The REAL ID Act is another Like many, I believe immigration is Iraq, a mission that is longer and more provision on which I wanted a vote, an issue we cannot and should not ig- dangerous than they were ever told. wanted a discussion, and wanted an nore. However, the REAL ID Act is not Yet amid roadside explosions, insur- open debate. Unfortunately, it did not the comprehensive immigration reform gent attacks, and the loss of some of occur. that we have gone far too long without. their closest friends, they wake up Many Democrats, despite this provi- Instead, it vastly alters our Nation’s each day and do their jobs. They wake sion, will still support this bill because established asylum procedures, placing up each day and do whatever it takes we have said from the start we are the burden of proof on the applicants to leave a democratic Iraq for a free going to stand behind our troops. I by requiring them to document their Iraqi people. think the administration, the Repub- torture or persecution. Potential asy- This bill is a way for us to support lican leadership in Congress, is testing lum seekers are already thoroughly in- these efforts. With its passage, I sin- us. How many things can they load vestigated, and those suspected of en- cerely hope our troops will receive all into this bill to force us to vote for gaging in terrorist activities are al- the support and all the equipment they something we are troubled with, and ready prohibited from being granted need to do their job. With its passage, that is what it is all about. We all asylum under our current system. Yet I hope we do not hear any more stories know this is not the way to pay for a the REAL ID Act will make it increas- about troops driving convoys with war and it is not the way for Congress ingly difficult for those escaping polit- unarmored humvees, or about troops to operate. The late Larry Lindsey—I ical persecution and torture to seek going into battle with armor their par- say ‘‘late’’ because he is no longer in refuge. ents had to send them from home for public service—was fired for saying the In addition, the REAL ID Act would their birthday. And I sincerely hope war might cost $200 billion. Now we are suspend habeas corpus review of orders this money will be used to train more up to $300 billion and counting. Sadly, of removal for aliens in the United Iraqis to secure their own country so too many of the important decisions on States. Essentially, this change elimi- we can bring home our young people funding this war are still being made nates the right of aliens facing depor- safe and secure. by one party behind closed doors. tation to ask the court to review their I particularly thank the chairman We will pass this bill, Democrats will deportation, a right which the Supreme and ranking member of the Appropria- support it, but this has to be the end of Court has already upheld. This provi- tions Committee for working with me it. We need to fix this broken process. sion will deny innocently detained on several other emergency spending The American people deserve better. aliens the opportunity to plead their needs. I yield the floor. case before a judge. This goes against I say to Senator COCHRAN, I appre- The PRESIDING OFFICER. The Sen- the core principle upon which our Na- ciate that this bill provides $25 million ator from Rhode Island. tion was founded. for the prevention of the avian flu. As

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.056 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4831 some of you may have read, the num- worked with my colleagues to support lomatic and reconstruction efforts in ber of cases in Southeast Asia is in- hundreds of millions of dollars for more Iraq, we have provided $20 million in creasing, and there is serious concern Border Patrol agents to help exercise assistance to Iraqi families who have that this virus could mutate and jump that right. But controlling immigra- been affected by coalition operations in from continent to continent, poten- tion is a Federal responsibility—it al- Iraq. tially causing a pandemic that could ways has been—and it should not come We must do everything we can to kill millions of people. We have to at the expense of State budgets or care for soldiers when they are injured. work proactively to prevent such a basic civil liberties. We should have I am very proud that we have provided pandemic, and I appreciate the support more time to examine and debate the an additional $211 million for the De- from the committee chairman as well REAL ID provisions as part of com- fense Health program. as the administration on this issue. prehensive immigration reform. This funding also includes assistance Also included in the bill is an amend- These provisions, currently in the to provide meal and telephone services ment I sponsored with my friend from bill, are opposed by religious organiza- for soldiers recuperating from injuries South Carolina, Senator GRAHAM. This tions, civil liberties groups, civil rights suffered in Iraq or Afghanistan. It also amendment will ensure that our in- organizations, church groups, and hun- provides assistance for family members jured service members who remain dreds of other groups. The legitimate to travel to be with an injured service under medical care but are no longer concerns of these groups have not been member recovering from combat inju- hospitalized will not have to pay for properly aired in the Senate. I am ries. To help soldiers with the enor- their meals while receiving therapy. I aware of the fact that the REAL ID mous medical costs that can be associ- thank the graciousness of Senator Act, despite what I say, despite my res- ated with combat injuries, we have also COCHRAN for adopting that amendment ervations, will become law. It will be- made it possible for service members to on the floor without debate. come law not because it is the right get traumatic-injury protection as part I also joined with Senator DURBIN to thing to do but because the House ma- of their military insurance package. address the security needs of our judi- jority has abused its privilege to at- This insurance rider can be worth as ciary. As some of my colleagues know, tach this unexamined bill to must-pass much as $100,000 to service members a Federal judge in Illinois recently suf- legislation. This is highly inappro- enrolled in the Servicemembers Group fered a tragic loss, the murder of her priate, and I hope that all of the Sen- Life Insurance, SGLI, program. We mother and her husband. This bill pro- ate will agree to highlight and correct have also made it available retro- vides necessary funding for the U.S. the deficiencies of these immigration actively, to help out those soldiers and Marshal Service to step up its security provisions in the year to come. families already dealing with combat for our Federal judges. I yield the floor. and combat-related injuries. I commend all those who have been Ms. MIKULSKI. Mr. President, I sup- Mr. President, more than 1,700 serv- involved, including the chairman, for port our troops and their families. I am ice men and women have made the ulti- crafting a number of important meas- behind them 100 percent. They deserve mate sacrifice in Iraq and Afghanistan. ures in this bill. I wish that I could, our gratitude, not just with words, but Part of the debt of gratitude we owe without any further statement, simply with deeds. This emergency supple- the families they leave behind is to en- say how proud I am of our troops and mental appropriations bill helps us do sure that they do not have to face a fi- move on with the supplemental. Unfor- just that. nancial crisis while they are dealing tunately, this bill also includes some The House and Senate have worked with the loss of a loved one. immigration provisions, known as hard to respond to the President’s re- I am very proud that we have been REAL ID, that cause me enormous con- quest for additional funding to support able to help alleviate their burden, by cern. Although I will certainly vote for our operations in Iraq and Afghanistan. increasing from $12,000 to $100,000 the the conference report because of the We have provided more than $75 mil- fallen heroes compensation for family good measures I have already dis- lion in defense-related spending, in- members of troops who make the ulti- cussed, it is important to state for the cluding vital support to our soldiers mate sacrifice for our country. This record my serious reservations about and their families. We have also pro- benefit is applied retroactively, to in- REAL ID. vided more than $6 billion in assistance clude all service members who have Despite the fact that almost all of to our friends and allies, including $681 died since the global war on terror these immigration provisions are con- million to aid in the recovery from last began in October 2001. In addition, the troversial, the Senate did not conduct year’s terrible tsunami in Indonesia. family of a service member who has a full hearing or debate on any one of We have provided a total of $17.4 bil- died will be allowed to remain in mili- them. While they may do very little to lion to speed up the Army’s purchase of tary housing for a year, rather than increase homeland security, they come trucks, additional up-armored the six months currently allowed. We at a heavy price for struggling State humvees, and upgrades to Abrams have also increased the life insurance budgets and our values as a compas- tanks. There is also $1 billion for addi- benefit provided under the SGLI, from sionate country. The driver’s license tional purchases of Army and Marine $250,000 to $400,000. This increase will provisions in REAL ID, for example, Corps trucks, tactical vehicles like also be applied retroactively to 2001. will cost an estimated $100 million over humvees, night vision and other impor- I am disappointed that the conferees 5 years. States will have to bear the tant protective equipment to keep our did not accept the advice of the Sen- majority of these costs. At a time when soldiers as safe as possible on the bat- ate—and of the Chairman of the Joint budgets are tight, I don’t think we tlefield. We have also preserved sup- Chiefs of Staff GEN Richard Myers— should be outsourcing our homeland se- port for the C130J aircraft, so vital to and provide the fallen heroes com- curity to States that can’t afford it. transporting troops and materiel pensation to families of all service The cost to our Nation’s legacy as a around the world. members who die on active duty. refuge for asylum seekers is also U.S. troops will stay in Iraq and Af- Instead, Congress has expanded all heavy. Conferees were able to improve ghanistan long enough to ensure that aspects of the current coverage to in- some aspects of REAL ID, including in- those nations can defend themselves clude those who die in designated com- creasing the limit on the number of against chaos and terrorism. It is im- bat zones and in combat-related activi- foreigners who can apply for asylum in portant that we provide training and ties, such as training. This is a good the United States, but other provisions equipment to prepare Iraqi and Afghan start, but I agree with General Myers intended to eliminate fraudulent asy- security forces to take over when that every family who loses a loved one lum applications may end up denying American troops come home. on active duty deserves the gratitude asylum to people who deserve to re- To do this, we have provided $7.0 bil- of this nation and should benefit from ceive it. lion to train security forces in Afghani- the fallen heroes fund. These are costs that call for greater stan and Iraq. There is also $1.78 billion We also need to make sure that fami- examination. As a sovereign country, for Afghan reconstruction and counter- lies receive the full amount of this we have the right to control and iden- narcotics efforts. In addition to pro- compensation. Working closely with tify those who enter and exit. I have viding $7.7 million to support U.S. dip- Senator GRASSLEY, I have taken steps

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.063 S10PT1 S4832 CONGRESSIONAL RECORD — SENATE May 10, 2005 to ensure that the full benefit will be process. After three years in Afghani- One, it exempts returning seasonal tax free. Senator GRASSLEY has assured stan and two years in Iraq, we should workers from the cap for this year and me that this important correction will not be funding these operations as if next. That means that people who have be added to the next tax bill considered they were surprise emergencies. worked here before and who have gone in the Senate. Unfortunately, because much of the back home are the only ones who We know that nearly 40 percent of funding included in this conference re- would be eligible. The exemption works the soldiers deployed today in Iraq and port has been designated as an ‘‘emer- this way—an employer requests a visa Afghanistan are citizen soldiers who gency,’’ it will not count against our and lists the name of the returning come from the National Guard and Re- budget limits and instead just gets worker on his petition. The employer serves. More than half of these will suf- added to our ever-growing national must provide supporting documenta- fer a loss of income when they are mo- debt. tion to the Department of Homeland bilized, because their military pay is This emergency supplemental is a Security or the State Department that less than the pay from their civilian Federal investment in supporting our the worker is a returning worker who job. Many patriotic employers and troops and their families. has come to the United States in one of state governments eliminate this pay We support out troops by getting the 3 prior years under the H2B pro- gap by continuing to pay them the dif- them the best equipment and the best gram. ference between their civilian and mili- protection we can provide. We support This exemption does not exempt any tary pay. them by getting them the best health new workers because employers must I am very disappointed that this con- care available when they are injured in show that the worker was in the US ference report does not include the Re- service to our Nation. And we support previously in order for that worker to servist Pay Security Act, which would them by ensuring that their families do be exempt from the cap. Employers can ensure that the U.S. government also not face a financial crisis at the mo- petition for exempted workers at any makes up for this pay gap for Federal ment when they are grieving the loss of time during the fiscal year—regardless employees who are activated in the a soldier who has sacrificed everything of whether the cap on H–2B visas has been met or not. The legislation explic- Guard and Reserves. This legislation for our country. itly states that exempted workers are has passed the Senate three times, and I am proud to vote yes for our troops outside the cap. three times it has been stripped out of and their families. I am also proud to vote yes because this bill contains im- The employer does not automatically the conference report. I will continue get the exempted worker, they still to work with my colleagues in the portant provisions to help small and seasonal businesses in the United must go through the whole DOL and House and Senate to build support for DHS process before they can get ex- this important provision to help our States. The emergency supplemental con- empted workers. That means that em- National Guard and Reserves. ployers still must prove to the Depart- Mr. President, Americans joined the tains language that provides real relief to small businesses that need tem- ment of Labor that they cannot find world in mourning the loss of more American workers to fill these jobs. than 150,000 victims of the Indian porary seasonal workers by the sum- mer. This emergency supplemental Only then will DOL give them the abil- Ocean Tsunami last Christmas. To- ity to continue the application process gether, we prayed for the 7 million dis- contains the language I offered on the floor of the Senate to temporarily and get the workers who they need placed survivors that God may give through DHS and State. Employers them the strength to persevere and solve the H2B visa shortage. It passed this body by a overwhelming bipartisan will go through the whole process for overcome this, the largest natural dis- new or returning workers. Returning aster of our time. vote of 96–4 and was adopted by both House and Senate conferees to be part workers will be exempt from but new But expressions of sympathy are not workers will be subject to the cap. enough. As I said at the time of this of the final bill. I know that my colleagues on both This provision is both forward look- terrible disaster, the United States ing and retroactive back to the begin- must set the example and lead the sides of the aisle supported this amend- ment because it is a limited fix to the ning of the fiscal year, or October 2004. world in the humanitarian effort of re- That means that DHS will have to de- covery and rebuilding. Congress has H2B worker shortage that many coast- al states and resort states are facing. termine how many returning workers provided $656 million for the tsunami were admitted prior to the passage of recovery and reconstruction fund to This solution is desperately and imme- diately needed by small and seasonal this Act and open up those spaces to support on-going and long-term relief new workers. That makes it fair so efforts, including programs aimed spe- businesses throughout the country. My amendment helps us keep Amer- that summer employers have the same cifically at women and children in the ican jobs, keep American companies bite at the apple that winter employers affected areas. We have also provided open, and yet retain control of our bor- had. DHS estimates that between 30,000 $25 million for U.S. tsunami warning ders and 35,000 workers are returning work- programs to help prevent future human I am very proud that we were able to ers and they will be able to use the in- disasters on the scale we have seen in work together, House and Senate, formation they have in their databases Asia. Democrats and Republicans, to pass and in coordination with the Depart- The people of Darfur continue to suf- this measure. This bill was a simply ment of State to ensure that spots that fer the terrible effects of war in the fix, it was temporary and it does not were counted in the cap and used by ex- Sudan. Congress has provided $248 mil- get in the way of comprehensive reform empted workers will now be opened up lion for humanitarian assistance to The amendment and the Save our for new workers to use so that summer Darfur and $37 million for Sudan peace Small and Seasonal Businesses Act on employers can get their fair share. implementation assistance. We have which it is modeled will help small This fix also has strong antifraud also included $50 million to be made business by doing three things: provisions to make sure that everyone available to the African Union, for No. 1, temporarily exempting good is playing by the rules and that no one peacekeeping efforts in Darfur. Also, actor workers from the H2B cap, so em- is misusing the program. And it gives part of the $90 million provided for food ployers apply for and name employees DHS added teeth to prevent fraud and aid and famine relief can be used to who have already been in U.S.; enforce our Nation’s immigration laws. help improve conditions in Darfur. No. 2, protecting against fraud in the A $150 antifraud fee ensures that Gov- Because it is just as important to H2B program; and ernment agencies processing the H–2B support our communities at home as it No. 3, providing a fair and balanced visas will get added resources to detect is to support our troops in the field, I allocation system for H2B visas. and prevent fraud. This money is added will continue to fight for responsible This amendment first and foremost to an antifruad fund to give the De- military budgets. For that reason, I protects American jobs. partment of Homeland Security, the joined the Senate’s efforts to insist It provides a short-term fix to the Department of State and the Depart- that the President fund our operations H2B visa cap which will only be in ment of Labor some added resources to in Iraq and Afghanistan through the place through fiscal year 2006. It has train workers so that they can identify regular budget and appropriations four simple provisions: fraud in the program.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.076 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4833 We also add strong new sanctions to has already received sufficient peti- This controversial and overly-broad the law. These sanctions are perma- tions for fiscal year 2005 to fill the cap provision has no place in an emergency nent and further strengthen DHS’s en- and has not required any information spending bill. The changes to our im- forcement power by allowing sanctions to be provided as to whether the peti- migration laws and the policies on asy- against those who have a significant tions were filed for ‘‘returning work- lum proposed by this legislation are misrepresentation of facts on a peti- ers’’, it is intended that USCIS to major modifications that are conten- tion. We increase fines and allow DHS make its best estimate as to the num- tious on both sides of the aisle. As it is to bar violating employers from the H– ber of previously filed petitions that written, this bill undermines both due 2B program for up to 5 years. This sec- likely were for returning workers, process and the principles of funda- tion also sends a strong message to em- based on State Department informa- mental fairness on which our immigra- ployers—don’t play games with U.S. tion, and accordingly to free up num- tion laws are based. jobs. Our bill reserves the highest pen- bers for fiscal year 2005 to be available This legislation, plain and simple, is alties for employer actions which harm to otherwise qualified H–2B aliens, a drastic and unknown change. It is the U.S. workers. whether or not they are ‘‘returning type of change that both the House and We also make the system better by workers.’’ the Senate should have deliberated on creating a fair allocation of visas. In addition, H–2B workers will be and given in-depth consideration to. Under current law summer employers available to petitioners identifying and The Senate has not had the oppor- lose out because winter employers get certifying specific aliens to be return- tunity to do that. all the visas. So our bill does two ing workers. For fiscal year 2006, the Just look at what this legislation things: First, as I said above, we ex- number of new H–2B admissions avail- does: empt returning workers from the cap, able will be 66,000, plus any aliens for First, it increases the burdens on so returning workers don’t count for whom the certification and confirma- those seeking asylum in the United the cap. But we also divide the cap be- tion requirements of section States and limits judicial review of tween summer and winter. What that 214(g)(9)(A), (B), and (C) of the Immi- some decisions. These are people who means is that of the 66,000 visas and we gration and Nationality Act, as amend- are often persecuted in their own coun- make 33,000 available from October ed by this section, are met. tries and cannot produce the level of Specifically, Section 405 provides thru March and 33,000 available from documentation or corroboration of that the 66,000 limitation on H–2B ad- April thru September. Winter employ- their abuse that this bill requires. ers get half and summer employers get missions for fiscal year 2006 and there- Next, it permits the Department of after will be administered as two half- half. And we make this change perma- Homeland Security to waive ‘‘all legal year limitations of 33,000 each applica- nent to make sure that even if com- requirements’’ that interfere with the ble to aliens subject to the overall prehensive reform cannot be reached construction of roads or barriers along 66,000 limitation, i.e, not including ‘‘re- by 2006, then at least summer and win- our borders. That means that the Sec- turning workers.’’ It is the intention of ter employers are competing for the retary of Homeland Security can waive the supporters of the amendment that limited number of visas on a level play- any State or Federal environmental, this provision be administered so as to ing field. health and safety, civil rights, labor, or Finally, we give the Department of give employers seeking workers for the criminal law. And there is very limited Homeland Security the ability to im- second half of the year an opportunity ability of anyone to challenge these de- plement this law now, without having to obtain them at least equivalent to cisions. That means the Secretary has to issue regulations. That means that that available to first semester em- a tremendous amount of discretion to employers get real relief now. DHS has ployers. override existing laws and step all over a limited exemption from the Adminis- Finally, section 407, is intended to State’s rights. trative Procedure Act to implement allow this law to be implemented expe- It also limits judicial review of re- the exemption section, the antifraud ditiously. The intent was to make sure moval cases and discretionary deci- fees and also the allocation of visas that the provisions of the Administra- sions of agencies—that means an agen- section. These exemptions are to pre- tive Procedure Act, the Paperwork Re- cy, not a judge, will have the final say. vent any barriers or delay to the imme- duction Act, and other laws relating to And most notably, it creates national diate implementation of those provi- regulatory processes and forms—espe- standards for identification cards that sions. cially, but not limited to, any require- So that is what this strong bipartisan ment to promulgate new rules—to the States must enforce. That means that legislation is all about. This is the lan- extent any such provisions might States now must not only verify the guage that 94 Senators in this body apply, should not pose a barrier in any many forms of identification that are supported and that the House adopted way to the expeditious implementation required, but they are also responsible into the emergency supplemental con- of the provisions of this Act intended for keeping track of a drivers license ference report. to give urgent and necessary relief to holder’s immigration status. That cre- Now we want to make sure that DHS summer and seasonal employers and to ates a huge increase in expenses for can start its implementation imme- apply the new fee provision in section States and it also means that State of- diately so I want to make sure that 403. We therefore, provide the author- ficials, who have no background in im- they are very clear about what the con- ity to the relevant departments to migration law, will be forced to enforce gressional intent of this legislation is: waive any such requirement that may these complicated provisions. That’s an Section 402 is intended to increase otherwise delay such implementation. unfunded mandate on States that are the number of H–2B admissions avail- It is a quick and simple legislative already in fiscal crisis. able for fiscal years 2005 and 2006. This remedy with strong bi-partisan sup- Plain and simple REAL ID dras- legislation was drafted with the under- port. It fixes the problem now and tically changes immigration laws, lim- standing that the preexisting USCIS takes small steps to prevent this dras- its access to the courts and due proc- method of implementing the H–2B limi- tic shortage in the future. It is imme- ess, and places significant new costs tation is based upon accepting for fil- diate and achievable because DHS will and duties on local and State govern- ing the number of petitions (only some start implementation once it is signed ments. The Senate should have had the of which name the specific workers) by the President. And more impor- ability to review, debate, and amend that is projected to result in the au- tantly, it does not exacerbate our im- this provision before it became a per- thorized number of admissions, with al- migration problems. manent part of our Federal immigra- lowance made for an expected number Mr. President, it is important that tion law. of petitions that will be denied or re- we continue to support the brave men Now, I am the first to agree that we voked and of workers with approved pe- and women who put their lives on the need strong and comprehensive immi- titions who will not apply for or qual- line both at home and abroad. But gration reform. We need to look at all ify for visas or admission, based upon today, as I support funding for our the problems with protecting our bor- State Department information. troops I also stand opposed to the part ders and ensuring our safety. We need Consistent with this general method- of the emergency supplemental known to make sure that the programs that ology, and with the fact that USCIS as REAL ID. work are updated and continued. We

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.078 S10PT1 S4834 CONGRESSIONAL RECORD — SENATE May 10, 2005 need to make sure that the programs a border State where homeland secu- terror and the war in Iraq. These aren’t that don’t work are fixed so that we do rity is of paramount concern, and our inside-the-beltway issues. Every day not have porous borders. But we need country safer and more secure in this the administration resists bringing for- to use regular order to do so. era where illegal immigration is out of ward an accurate and reasonable ac- The Senate must have the oppor- control and the security of our identi- counting of our future needs in Iraq, it tunity to consider comprehensive re- fication systems continues to be lack- complicates the way the Department of form, not focus on piecemeal measures. ing. I am confident that any remaining Defense conducts business. And President Bush should lead the funding issues can be worked out later In recent weeks, the Pentagon has way in working with Congress and our in the implementation process. Our job been forced to shuffle $1.1 billion to allies for solutions that protect our now is to move forward, and make sure cover Army shortfalls while the De- borders. And for solutions that allow that these provisions are put into place partment of Defense waits for the our rich history and tradition of immi- with the best interest of this country President to sign the supplemental gration to continue. But these sup- in mind. into law. That $1.1 billion came out of posed solutions cannot come at the ex- As I have said before, my State of Navy, Air Force, Marine Corps and pense of our constitutional framework. Montana has one of the largest inter- Army National Guard personnel ac- REAL ID is an unfunded mandate national borders. A lot of attention has counts. That is a dangerous way to that is punitive. We do not know if any been placed on border security lately, conduct business. of the provisions will actually make us particularly on the northern border. I As we pass this legislation, I urge the safer—we just know that they override think we can all agree that the north- President to heed the advice of so States rights and undermine civil ern border has been historically under- many Senators who believe that he rights and civil liberties. I believe that staffed and lacks the necessary infra- must better reflect the costs of war in it is our duty, as Members of the Sen- structure to adequately screen individ- his regular defense budgets and simply ate, to balance national security inter- uals seeking entry into the United be straight with the American people ests with due process and constitu- States who wish to do us harm. I have about the ongoing costs of operations tional rights, yet because we have not always supported increasing the num- in Iraq and elsewhere. Our troops had hearings or been able to evaluate ber of border patrol agents along Mon- shouldn’t have to wait for the gear and this change to our immigration law we tana’s northern border. It does not equipment they need to do their jobs do not know the extent of its impact. make sense for the Department of well, to win the peace in Iraq, to bring REAL ID proposes several different Homeland Security to heavily staff the the terrorists to justice in Afghanistan and significant changes to our immi- southern borders while leaving large and around the world, and to come gration laws, I believe that it is impor- gaps wide open on the northern border. home. tant for the Senate Judiciary Com- The end result is that those wanting to This bill takes some important steps mittee to have an opportunity to hold enter the United States illegally may toward the Military Family Bill of hearings and consider comprehensive focus on the less secured border regions Rights which we have talked about for legislation that looks at all areas of of the north so that they may cross many months. It increases to $400,000 the law. Then the whole Senate should over undetected. Unfortunately, the the life insurance coverage available to have the ability to fully debate the grave threat of this happening along service members, and raises the death Montana’s vast border remains a re- issue on the Senate floor. gratuity to $100,000 for those who die in I am disappointed that this con- ality. combat and in combat-related inci- In view of this, during debate on the troversial measure was added to this dents, including training. It also ex- Emergency Supplemental Appropria- must pass legislation. We should be tends to 1 year the length of time wid- tions Act, I was a cosponsor of the En- passing an emergency supplemental ows and children of military personnel sign amendment which was adopted bill without the harmful REAL ID pro- that would increase the number of Bor- may remain in military housing. To- vision. And then we should turn our at- der Patrol agents and provide funding gether, these provisions are important tention to real reform and the Senate for Border Patrol facilities. I am happy affirmations of the Congress’ support should proceed to a thoughtful and to report that the conferees reached a for the men and women of the Amer- comprehensive debate on immigration compromise that would provide $635 ican military and their families. I reform that protects our borders and million for increased border security thank the House-Senate conferees for our constitutional mandate. and enforcement; this includes $176 including those provisions. Mr. BURNS. Mr. President, the at- I regret that the House-Senate Con- million to hire, train, equip, and sup- tacks of September 11, 2001 reminded us port 500 Border Patrol agents and re- ferees struck a provision that the Sen- all that national security is of the ut- lieve current facility overcrowding. ate added to pay an equal death gra- most importance. Since then, we have The supplemental also includes almost tuity to the survivors of all service worked to ensure the safety of this half a billion dollars for Immigration members killed while on active duty, country. Still, there are gaps in our and Customs enforcement; $97.5 million regardless of the circumstances. This immigration and identification sys- of this would be used to hire and train policy was supported by 75 Senators in tems that need attention. Those with additional criminal investigators and a floor vote. It was supported by the ties to terrorist organizations should immigration enforcement agents. House in its version of the legislation. not be given asylum or permission to I will always vote to protect our And it is supported by the uniformed live in this country where they can do homeland and the safety of our citi- leadership of the military. It is clear harm. Barriers on our borders should zens, and I encourage my colleagues to that the civilian leadership at the Pen- be enhanced to adequately protect our do the same as the Senate considers tagon, led by Secretary Rumsfeld, op- national security. Driver’s licenses and the supplemental for final passage. posed it. While they have succeeded in personal ID cards should be secure, and Mr. KERRY. Mr. President, the striking the provision from this supple- should not be given to terrorists or Emergency Supplemental Appropria- mental legislation, I will continue to those who are in this country illegally. tions bill for fiscal year 2005 is a vital work with my colleagues, many of There are provisions to address each piece of legislation. It provides $75.9 whom have worked on this issue for of these concerns in the REAL ID Act billion for the Department of Defense, some time, for its enactment. of 2005, which has been attached to the nearly $4 billion for the Department of While I support this bill overall, I Emergency Supplemental Appropria- State, and billions more for military have serious concerns about the at- tions Act. I have expressed my reserva- construction and other national prior- tachment of the REAL ID Act to the tions about possible unforeseen costs ities. It will come as no surprise to conference report. This legislation cre- to my State of Montana that these pro- anyone that Congress will pass this bill ates new hurdles for legitimate asylum visions could impose, particularly the with an overwhelming majority. In- seekers, allows the government to costs of changing the system of issuing stead, we should be asking what took waive environmental laws to build driver’s licenses. Ultimately, however, so long. physical barriers on the border, and I firmly believe that the fundamental The administration continues to play forces an unfunded mandate on the aspects of this bill will make Montana, games with the funding of the war on States. This legislation did not have so

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.079 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4835 much as a hearing in the U.S. Senate. tracting oversight. As the ranking the region. The United States has hard- Such legislation should be considered member of the Committee on Small ly anything at all to create a stable in committee and before the full Sen- Business and Entrepreneurship, I am and viable government in Haiti, this in ate, rather than being attached to an committed to working with the other spite of the fact that the country is emergency spending bill. It is my hope committees of jurisdiction, including only miles from our shore. This legisla- that the Senate will work to amend the the Energy Committee, to ensure that tion provides $20 million to assist in ef- most damaging provisions of the REAL DOE and SBA do not undermine the in- forts at institution-building, law en- ID Act as soon as possible. tent of Section 6022 by using this com- forcement, and democracy promotion. I am pleased that the conference re- promise language to prevent small Significantly, this legislation is the port includes the ‘‘Save our Small and businesses from receiving their fair only vehicle available for disaster as- Seasonal Businesses Act’’ which makes share of DOE prime contracts. sistance to the countries affected by changes to the H–2B visa program. This Mr. BINGAMAN. I rise today in sup- the tsunami in the Indian Ocean. I need provision will provide great relief to port of H.R. 1268, the Emergency Sup- not remind anyone that this was likely many small businesses in Massachu- plemental Appropriations Act for De- the most catastrophic natural event in setts that count on foreign workers to fense, the Global War on Terror, and recent history, with nearly 200,000 peo- keep their seasonal businesses open. Tsunami Relief. ple in eight countries dying in just a Mr. President, I would also like to First, while this bill addresses many few hours. Over 100,000 are still miss- thank the conferees for addressing po- areas of concern, it is primarily fo- ing. Thousands had their homes, fam- tentially damaging anti-small business cused on providing the American mili- ily, and livelihoods swept away. The language in this bill which would have tary sufficient funds for its mission to cost in dollars is easily in the hundreds allowed small business subcontracts at aid Afghanistan in creating a strong of billions. the Department of Energy to be count- and stable nation and to ensure the se- It is imperative that the United ed as prime contracts and capped all curity necessary to rebuild Iraq. States step up to the plate and assist small business contracting goals at 23 Provisions in the bills to support in repair and reconstruction. We have percent. Section 6023 had strong bipar- American soldiers and their families, pledged almost a billion dollars to this tisan opposition from members of the such as increasing the death benefit effort, and this legislation provides an Small Business Committees and from gratuity for soldiers killed this year to initial $656 million to help people get other members concerned about pro- $100,000 and providing all members of back on their feet. A substantial por- tecting small business federal con- the armed forces with free meals and tion of the funding is directed toward tracting. The compromise language in- phone service, are the right thing to repairing replacing essential services— cluded in Section 6022 of the final do. We will no longer force men and roads and highways, telecommuni- version of this bill lays out a process women who volunteered to serve in one cations and energy infrastructure, and water and food distribution systems, for the Small Business Administration of the most dangerous environments to and so on. But portions of the funding and the Department of Energy to ex- recuperate without the support of are dedicated to other critical issues pand small business contracting. loved ones while charging them for that will allow these countries to get The compromise requires the Small their meals. Other important provi- back to baseline—programs designed to Business Administration and the De- sions, such as providing more money to assist women with new economic op- partment of Energy to develop a combat the effectiveness of improvised portunities now that they have lost the Memorandum of Understanding, MOU, explosive devices, or lED’s, and pro- provider in their families, programs de- on a methodology for measuring the viding $150 million for the purchase of signed to assist individuals with men- achievement of awarding prime con- up-armored humvees, will serve to pro- tal or physical disabilities as a result tracts and subcontracts to small busi- tect Americans already operating in of the tsunami, programs designed to nesses. It is my understanding that combat zones. The biggest danger to protect orphaned children from vio- MOU will in no way count the sub- Americans in uniform remains the IED; lence and exploitation and reunify contracts awarded by DOE’s manage- by using funds to both prevent the IED them with extended or immediate fam- ment and operations contractors to- from exploding and then ensuring that ilies, programs to provide loans, busi- wards DOE’s prime contracting goal. those that do go off near a humvee are ness advice and training in job skills so Section 6022 also requires DOE and defended against, I can safely say that new sources of income and new busi- SBA to conduct a joint study of we are working toward the ultimate nesses are developed; and programs to changes at DOE that would encourage goal of mitigating the largest source of stop the spread of disease, including greater opportunities for small busi- American casualties. avian flu. ness contracting, and it includes tem- I was also happy to see that the bill This bill provides funding for many porary relief for local small firms that also requires reports on the status of important causes which I fully support. are facing undue burdens as a result of training for both the Afghan and Iraqi But let me take a few moments to dis- contracts being broken out from large, security forces, so that the American cuss a few provisions about which I bundled management and operations public is not given arbitrary numbers have significant concerns. contracts. of successfully trained soldiers and po- First, the conference committee re- Mr. President, the Department of En- licemen without an understanding of moved a provision that I had included ergy has the worst small business utili- their capabilities. Just as importantly, in the Senate version of the bill that zation record of all Federal agencies. the bill states that the President would have helped Federal courts cover This compromise is an opportunity to should submit an appropriate budget costs associated with the substantial address the growing challenges facing amendment for FY 2006 by September increase in immigration related cases small firms as a result of contract bun- 1, 2005. filed as a result of recent border en- dling, the need for greater diligence by There are also some very important, forcement efforts. I strongly support the administration in its effort to meet non-military, provisions in this legisla- efforts to enhance our border secu- the 23 percent government-wide min- tion, nearly all of which I co-sponsored rity—indeed, I cosponsored an amend- imum goal for small business con- when it came to the floor. All will con- ment to this bill that was offered by tracting, and the need for greater man- tribute significantly to the establish- Senator ROBERT BYRD that provided agement and oversight by the Depart- ment of increased stability in regions funding to hire an additional 500 border ment of Energy of the contracting dol- throughout the world. For example, patrol agents and have consistently lars being awarded by the Agency. I the United States has done far too lit- voted to allocate additional resources hope the administration will use this tle to stop the genocide and atrocities to secure our Nation’s border. However, opportunity to improve small business that continue to occur in Darfur, we must also consider the impact that contracting at the DOE and will draw Sudan. This legislation specifically these enforcement measures are having on the conclusions of the ongoing stud- dedicates $50 million to support efforts on our Nation’s courts, especially in ies being released by the GAO to ad- by the African Union to bring a halt to districts along the border region. Since dress the current shortfalls in small the violence and another $90 million in 1995, immigration cases in the 5 south- business prime contracting and subcon- humanitarian assistance for refugees in western border districts—the District

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.023 S10PT1 S4836 CONGRESSIONAL RECORD — SENATE May 10, 2005 of Arizona, District of New Mexico, Probably one of the most significant tried to push through as part of last Southern District of California, and provisions in this legislation is the $308 year’s intelligence reform legislation. Southern and Western Districts of million added above what the President At that time, the 9/11 Commission op- Texas—have grown approximately 828 proposed to ensure that more humvees posed its inclusion. And the Senate percent. In 2003, overall immigration deployed in combat are adequately ar- managers of the bill prevented it from filings in U.S. District Courts jumped mored. Just as in the previous 2 years, being included in conference. 22 percent, and in 2004 they jumped 11 I have been deeply troubled by con- But now, the vast majority of the percent. Of these cases, 69 percent tinuing shortfalls in the administra- REAL ID language has been included in came from these 5 districts. tion’s plans for outfitting our troops the conference report before us. Al- We can’t just fund the enforcement with the protection they need. Over though I do not sit on the Senate Judi- side without considering what will hap- 1,600 U.S. troops have been killed in ciary Committee, I am concerned that pen to these individuals once they are Iraq since the beginning of the war in this package of provisions was never detained. This approach not only March 2003. And rarely a day goes by debated within that panel. I would note places a tremendous burden on our that one does not hear about an impro- that an effort to include the language courts, but it also threatens our na- vised explosive device or roadside bomb in the Senate version of the emergency tional security by limiting the ability seriously injuring an American there. supplemental was withdrawn after bi- of the courts and probation services to This conference report is a step in the partisan opposition to its inclusion. provide adequate case oversight. right direction to better prepare our This bill’s REAL ID provisions, Second, the REAL ID Act, which was among other things, would require attached to the bill by the House of troops for these threats, but more al- ways needs to be done to ensure great- State departments of motor vehicles to Representatives, was included in the verify documents used to obtain driv- final version of the bill. Although the er security for our soldiers, sailors, air- men, and marines. We owe it to them ers licenses. This is an unfunded man- conference committee made several date—the language included in this bill minor modifications to lessen the im- to make sure they have the resources does not specifically appropriate any pact of these provisions, I remain to protect themselves as best they can. amount for this purpose. Reportedly, strongly opposed to this section of the And we owe it to their families here the National Conference of State Leg- bill. The REAL ID Act never received a at home to make sure that their sac- islatures estimates that REAL ID will hearing in the Senate and Republicans rifices are so honored. This bill also au- on the conference committee refused to thorizes the Department of Defense to cost States between $500 million and consult with their Democrat counter- increase to $500,000 the amount that $700 million over 5 years to implement. parts on this language. The bill make can be paid to surviving families of de- Many States are already dealing with it more difficult for legitimate asylum ceased servicemen and women. In addi- budget shortfalls. What impact will applicants to obtain a safe haven in the tion, this bill rightly includes trau- this additional financial have on United States and authorizes the Sec- matic injury insurance of up to $100,000 States’ abilities to provide basic serv- retary of Homeland Security to waive for military personnel seriously wound- ices for their residents? all legal requirements which could im- ed in action. These provisions are the These licensing regulations also raise pede the construction of a fence along least we as Americans can provide to privacy issues, as DMVs will gain ac- the border with Mexico. It also repeals the families of our men and women in cess to much private information. All provisions of the recently-passed Intel- uniform who are giving so much to our Americans, when renewing or obtain- ligence Reform and Terrorism Preven- Nation. ing a new license, will be subject to tion Act of 2004, which implemented Not all of this bill directly pertains these provisions. Certainly, some re- the recommendations of the 9/11 Com- to our troops deployed in Iraq and Af- form with respect to identification doc- mission. Specifically, the intelligence ghanistan, however. And while I sup- uments might be needed. But this par- reform bill charged the Department of port many of these provisions, there tisan and hasty approach is not the Transportation, in consultation with are some sections that give me pause. right way to do it—especially when the States, with promulgating ‘‘min- On the positive side, I am pleased by State governments are currently work- imum standards’’ for State driver’s li- the conference committee’s decision to ing to establish reasonable standards censes in order to prevent fraud or retain the amendment put forth by for reform that can be implemented. abuse. Without enhancing our national Senator WARNER to stop the Navy from These are only two of the many trou- security, the REAL ID Act repeals this downsizing its aircraft carrier fleet. We bling provisions of the REAL ID lan- section and replaces it with a system must retain the ability to quickly guage, which deal with issues as far that will be extremely difficult and project power around the globe, par- reaching as eligibility for asylum in costly for States to implement. I know ticularly as emerging powers in Cen- the U.S. and border security. I also have concerns about issues that these provisions will have a sig- tral and East Asia amass powerful that were left out of this bill. For ex- nificant impact on my home State of fleets in direct challenge to U.S. Naval ample, this bill does not include lan- New Mexico, and it is my hope that supremacy. And this amendment right- guage addressing the practice of ren- Congress will be able to revisit this leg- ly puts the brakes on the administra- ditions—the process whereby the U.S. islation in the near future. tion’s efforts to cut too deeply into our Thus, while there are some aspects of Navy’s critical assets. has reportedly transferred foreign pris- this supplemental request that remain In terms of homeland security, this oners, detainees, or combatants to troubling to me and many of my Sen- bill adds an additional $450 million other countries for interrogation pur- ate colleagues, I know that by sup- over the President’s proposal for more poses. Often, the countries to which porting this bill we are working to cre- border security and customs agents. I these people have been transferred are ate a more peaceful and stable world support these additional resources and known to practice torture. Yet, few community and meet more of the needs am pleased the conferees included specifics are known about the practice of our brave soldiers serving in Iraq them in this bill. of renditions. and Afghanistan. But this bill is not perfect. Indeed, I Nor does this bill address important Mr. DODD. Mr. President, I will vote have some serious concerns about pro- issues of accountability, such as the for the conference report because I be- visions that are included in the con- extension of the lifespan of the Special lieve we have few higher priorities than ference report before us. I also have Inspector General for Iraq Reconstruc- the safety and well-being of our troops concerns that certain important issues tion, or the SIGIR. The SIGIR has per- deployed in harm’s way. This legisla- are not addressed by this bill. formed admirably, but its doors will be tion is critical to the war efforts in First, I am greatly disappointed that closed years before it can complete its Iraq and Afghanistan, providing fund- the conferees decided to include the task of accounting for all American ing to purchase life-saving armor, re- majority of the text that makes up a taxpayer money devoted to the recon- plenishing stocks of spare parts and bill called the REAL ID Act. There are struction of Iraq. Senator FEINGOLD ammunition, and increasing the gov- many troubling provisions in this lan- filed an amendment that would have ernment’s financial support for the guage—virtually the same language fixed this problem. Unfortunately, the families of America’s fallen heroes. that Republican members of the House Republican leadership failed to support

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.025 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4837 his efforts, and the amendment was forum primarily devoted to quickly re- process and slipped this controversial ruled non-germane—even though the leasing funds for our troops around the and complicated proposal into the SIGIR had originally been created and world and veterans returning home. emergency supplemental bill, which we its authority subsequently extended as Ms. CANTWELL. Mr. President, the will have to approve because it pro- part of an emergency supplemental emergency supplemental appropria- vides the necessary support of our men bill. tions conference report before us today and women serving in Iraq and Afghan- All in all, this bill is a mixed bag. is a critically important piece of legis- istan as well as the vital relief for the But it contains critically important lation. This bill will ensure that our tsunami victims abroad. provisions to support our troops—spe- troops in Iraq, who put their lives on Immigrants have built New York and cifically, it will help provide some of the line for us every day, are properly this country from the bottom up. Our the equipment our troops need in order equipped and protected. It provides country was founded by and made to finish their jobs safely. Moreover, it vital funds to support the emergence of stronger by the hard work of immi- will help further the process of training a free Afghanistan, and it provides grants from all different countries, cul- Iraqi Army and police forces so that much-needed funding for tsunami re- tures, religions and races. I marvel how U.S. troops can finish their jobs and lief. our new immigrants remake our land, come home. I believe that it is incum- I am supporting this conference re- making it a better place, even as they bent upon this body to swiftly pass this port even though I strongly oppose the become new Americans. Just think of spending bill. That is why I intend to REAL ID provisions that are also in- how many recent, and expectant immi- support it when it comes to a vote. cluded. The REAL ID Act is a complete grants now serve in our Armed Forces, Mr. CHAFEE. Mr. President, today overhaul of our immigration laws that some of whom have made the ultimate the Senate considers the conference re- would, amongst other things, impose sacrifice for our Nation in Iraq and Af- port on the President’s emergency sup- complicated new driver’s license re- ghanistan. I am proud that New York plemental appropriations bill. Unfortu- quirements on States, make it harder is still an epicenter for immigrants. nately, the REAL ID Act which had for refugees at risk of persecution to be Just like my ancestors came over from been attached in the House bill was in- granted asylum, and suspend all envi- Europe many decades ago, the new gen- cluded in the final measure. ronmental laws along the U.S. border. erations of people just like us are be- The REAL ID Act should have been This language will result in the most ginning to take root, making our coun- debated as a part of comprehensive im- significant changes to our immigration try, our economy, and our culture that migration reform. By attaching REAL policy in 10 years. While we have long much stronger and diverse. ID to a must pass spending measure, recognized the need for comprehensive So any bill that makes such dramatic the critical process of vetting the bill immigration reform, this debate has no changes to our immigration laws in committee was circumvented and an business taking place as part of an should be looked at carefully and con- opportunity for discussion and debate, emergency spending bill. Legislation of sidered judiciously. We must never which is essential for effective legisla- this importance deserves to be the sub- bend in our determination to secure tion, was denied. ject of focused study and serious de- our borders and protect our Nation There are many concerns I have with bate. Passing REAL ID without careful from harm. But nor can we forget what REAL ID in addition to the process consideration is reckless, irresponsible, makes our Nation great. These debates used to bring it to the floor. First, the and a disservice to the American peo- and decisions must be reasoned de- measure is an unfunded mandate to the ple. bates, not take-it-or-leave-it ulti- States. Furthermore, unless every Mr. SCHUMER. Mr. President, in this matums strategically devised for par- State complies, the Federal Govern- post-9/11 world, it has never been so im- tisan political benefit. ment will have to mandate the cre- portant to work seriously and carefully There are provisions in this bill, for ation of a national ID. Between the on efforts to enhance our border secu- instance, that will make it harder for creation of a new database and ap- rity. people persecuted on the basis of their proval system, training for DMV work- We in New York are particularly cog- race, religion, national origin, or gen- ers, and struggling State budgets, nizant of the need for comprehensive der abroad to pursue asylum and the REAL ID will impose real costs. efforts to make our borders, our ports, American dream. More importantly, a database of this our critical infrastructure, and our air- type will open up many privacy con- ports as secure as possible. Like no There are other provisions that cerns and there must be security safe- other place in America, like no other would allow bail bondsmen to play guards in place to prevent the gathered place in the world, New Yorkers I rep- judge and determine which immigrants information from being obtained inap- resent know what terrorism looks like, are dangers to the community. propriately. feels like, and costs to our commu- These are major changes to our laws, Many States, including Rhode Island, nities, the economy and our psyches. and we have a system to debate, dis- have already passed legislation setting It is crystal clear to almost everyone cuss and vote on such changes. No bill their own requirements for driver’s li- that there are many questions that raising so many questions on issues of cense recipients. The Federal Govern- need to be answered about how we se- such fundamental importance should ment should not impinge upon the cure our borders. As a member of the escape an honest debate in the Senate. States’ ability to decide who can and Judiciary Committee and a Senator I urge my Republican colleagues to cannot drive on their roads, especially from New York, an enormous amount rethink this strategy and allow the without the funding to support the of my time and energy is devoted to Senate to do its work the right way. idea. REAL ID will put more drivers on just those questions. And indeed, I Mr. BROWNBACK. Mr. President, I the road without licenses and without don’t think we are doing enough to se- am pleased that we are voting on the insurance. cure our borders. But sneaking drastic final passage of the Emergency Supple- I am also concerned about another changes to our immigration laws into a mental Appropriations Act for Defense, provision of the REAL ID Act that must-pass measure supporting our the Global War on Terror, and Tsunami would allow for the waiver of all laws— troops is not the way to address these Relief, 2005. Federal, State, and local—to build bar- Issues. I commend my colleagues, especially riers and roads at our borders. As a Opinions are mixed about how effec- Chairman COCHRAN, for working dili- strong advocate of environmental pro- tive the REAL ID bill will be in en- gently to see that the Senate act tection, I am troubled about blanket hancing national security. But regard- quickly to address the needs of our waivers from environmental laws like less of what you might think about the troops in Iraq and Afghanistan and the Endangered Species Act and the merits of the bill itself—I, for instance, emergency humanitarian needs world- National Environmental Policy Act. have serious concerns regarding the wide. Americans everywhere are grate- The REAL ID Act, at its best, should impact of its asylum provisions—this is ful for the efforts of our troops who be a catalyst for discussion of com- an issue that requires serious debate. fight on the front lines of the war on prehensive immigration reform. That Instead, the Republican leadership has terror. They have made personal sac- discussion cannot take place in a completely bypassed the committee rifices for the liberty of all Americans,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.031 S10PT1 S4838 CONGRESSIONAL RECORD — SENATE May 10, 2005 and we must support them by pro- included in this bill without adequate I conclude by pointing out that appli- viding them with the very best equip- debate or scrutiny. What concerned me cations for asylum have fallen from ment. most of all about the REAL ID bill is 140,000 to just over 30,000 per year, and The conference report includes much that it undermines America’s moral the numbers of those who are actually needed funding for humanitarian as- authority by turning away legitimate granted asylum has fallen to about sistance in areas of the world dev- asylum seekers fleeing tyranny. This 10,000 per year. Individuals fleeing per- astated by famine, disaster and war. language was added based on a claim secution must already meet a high bur- I am especially pleased that we have that our asylum system can be used by den of proof and undergo intensive se- provided $90 million for international terrorists to enter the country. This is curity measures to obtain asylum. disaster and famine assistance for not the case. While I recognize the importance of se- Darfur, Sudan and other African coun- However, I would like to thank my curity in the post-9/11 environment, I tries including Ethiopia, Liberia, Ugan- colleague Chairman SPECTER for work- am committed to ensuring legitimate da, and the Democratic Republic of ing diligently to successfully soften asylum-seekers a haven without impos- Congo. The situation in Sudan remains some of the harsher language in the ing unrealistic barriers. dire and there are several other coun- asylum provisions. As originally draft- In addition to the asylum revisions, I tries in the region that will also great- ed, the REAL ID Act would have cre- am extremely pleased that we were ly benefit from these funds. ated significant and additional barriers able to secure the repeal of the arbi- The conference report also includes for refugees fleeing persecution to ob- trary 1,000 annual cap placed on refu- necessary peacekeeping dollars that tain asylum. will address the security needs of mil- REAL ID would have greatly in- gees fleeing coercive population con- lions of oppressed people. First, it pro- creased a refugees’ burden of proof to trol. This, along with the lifting of the vides $50 million in funding for the Af- establish their eligibility for asylum. asylum adjustment cap, will enable rican Union mission in Darfur. It is the At the whim of an immigration judge’s those who have fled persecution, in- experience of many on the ground in discretion, refugees would be required cluding forced abortions, to become Darfur that atrocities do not occur to produce corroborative evidence of legal permanent residents and enjoy when AU troops are present, and this their claims of persecution or prove the security and benefits that go along funding should facilitate an expansion that the central intent of their perse- with that status. of their mission. I thank my col- cutors was to punish them for their The importance of the supplemental leagues, Senators CORZINE, DEWINE, race, religion or political beliefs even bill is not to be understated. Our DURBIN, LEAHY and MCCONNELL for in cases where the refugee’s testimony troops are valiantly protecting human their tireless work to get this money was already credible. freedoms and deserve our support. The included in the bill. Security is para- The facts are quite obvious: persecu- humanitarian crises around the world mount to ensuring an end to the vio- tors are not going to issue official doc- resulting from natural disasters such lence that persists in Sudan, killing an uments explaining their actions. In ad- as the tsunami, and resulting from estimated 15,000 people per month. dition, proving the mindset of those human rights atrocities such as geno- Second, the conference report directs who carry out killings, torture and cide, cannot be ignored by a country $680 million to general peacekeeping other abuse is next to impossible. Even such as ours. I thank my colleagues for operations in other war-torn areas if this were possible, those who flee a working to get this bill to the Presi- worldwide. The United States contribu- country often times don’t have time to dent. tions to these missions are important gather up the proper documentation IRAQ SECURITY FORCES FUND to security and stability on a global they may later need in an American level. immigration court. Mr. DURBIN. Mr. President, an im- I commend the inclusion of $5 million The incorporated revisions would portant component of this $82 billion for assisting internally displaced per- make an immigration judge take into Emergency Supplemental Appropria- sons in Afghanistan and $120.4 million account the totality of the cir- tions conference agreement is the $5.7 for migration and refugee assistance cumstances when evaluating an appli- billion appropriated for the Iraq Secu- for worldwide refugee protection and cants claim and would not be able to rity Forces Fund. I commend Senators for the President to meet his goals for discard a claim for subjective reasons. STEVENS and INOUYE, the chairman and refugee admissions this year. I want to clarify that the triers of ranking member of the Defense Appro- While all of these earmarks will pro- fact must consider all relevant factors priations Subcommittee, for their ef- vide much needed protection and as- and base any adverse credibility deter- forts in securing the full budget re- sistance to the world’s poorest and op- minations on a consideration of all of quest for this important effort. Secu- pressed people, I am extremely dis- those factors. The findings must be rity must be a high priority in Iraq. appointed that the Darfur account- reasonable. It would not be reasonable The sooner the Iraqis develop their own ability amendment was stripped in con- to find a lack of credibility based on capacity to stabilize and secure their ference. The amendment which was in- inconsistencies, inaccuracies or false- country, the sooner our men and cluded by the Senate, would have hoods that do not go to the heart of the women in uniform can come home to placed targeted sanctions in the form asylum claim without other evidence their families. of a travel ban and asset freezes on in- that the asylum applicant is attempt- An important part of security in Iraq dividuals who are committing war ing to deceive the trier of fact. involves communications systems. The crimes and crimes against humanity in I also understand that when assessing deployment of an Advanced First Re- Darfur. It would also have directed the demeanor, triers of fact must take into sponders Network, AFRN, throughout administration to pursue certain poli- consideration the individual cir- Iraq will begin to address the current cies at the U.N., including multilateral cumstances of the asylum applicant, lack of mission-critical public-safety sanctions and an arms embargo against such as his or her cultural background, communications capabilities. The Sudan as well as the establishment of a educational background, gender, state AFRN system, when deployed through- no-fly zone over Darfur. of mind, history of trauma, and other I appreciate my Senate colleagues’ factors. out Iraq, will allow for focused coordi- support of this measure and look for- I remain concerned about how the nation of security planning and execu- ward to working together to move this asylum provisions will affect the adju- tion, rapid data collection and analysis as stand-alone legislation in the near dication of claims by children. Adju- of changing security threats, rapid co- future. It is my hope that the adminis- dicators cannot realistically hold these ordination and deployment of security tration will publicly address their con- children to the same burden of proof assets to address threats, effective cerns with this bill so that we may and standards of persuasion as adult planning to reduce/prevent future secu- move swiftly to enact the very impor- asylum-seekers. For example, children rity threats, and a more secure envi- tant provisions that will help alleviate reasonably cannot be expected to pin- ronment that will foster democracy the ongoing genocide. point a central motive of persecution and economic development. I am also disappointed that such and provide corroborating evidence of The AFRN infrastructure in Iraq has sweeping immigration provisions were their persecution. been designed to address needs

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.105 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4839 throughout the country, including bor- Ms. COLLINS. Mr. President, I rise leagues, in concert with Senator LOTT, der regions and pipelines. However, ad- today in support of this urgently need- to send a letter to President Bush ex- ditional funding is needed to meet this ed funding for our soldiers, sailors, air- pressing our strong opposition to any objective. men and Marines fighting around the ‘‘winner take all’’ competition for Mr. President, I would like to inquire world. Specifically, I would like to DD(X). of the chairman and the ranking mem- thank my colleague and friend from We all agreed that any instability or ber, Senators STEVENS and INOUYE, Mississippi, the distinguished chair- delay in the DD(X) program at this whether continued funding of the man of the Appropriations Committee, time could lead to the permanent exo- AFRN could be a qualified activity Senator COCHRAN, for his commitment dus of skilled men and women from the within the $5.7 billion included in the to our Nation’s Armed Forces. last remaining shipyards that produce conference agreement for the Iraq Se- I particularly want to express my our complex surface combatants. Con- curity Forces Fund? support for the provision dealing with struction of surface combatants at a Mr. STEVENS. Mr. President, I DD(X) destroyers. This bill includes a single shipyard would affect the Navy’s thank the Senator from Illinois for this critical provision to prohibit the use of ability to keep costs lower in the long question. Yes, I believe that funding funds by the Navy in conducting a ‘‘one term. for the AFRN could be an eligible ac- shipyard’’ acquisition strategy to pro- The recently-passed Senate budget tivity within the funding we are pro- cure next-generation DD(X) destroyers. resolution included a sense of the Sen- viding in the Iraq Security Forces The Navy serves not only as a central ate on the acquisition DD(X) that cor- Fund. I cannot guarantee the Senator pillar of our Nation’s military strat- rectly emphasized that the national se- any particular level of funding will be egy, but also as a symbol of American curity of the United States is best provided, but I do agree with him that strength abroad. It is crucial that not served by a competitive industrial base continued work on the AFRN is impor- only do we have the most capable fleet, consisting of at least two shipyards ca- tant. but also that we have sufficient num- pable of constructing major surface Mr. INOUYE. I concur fully with the bers of ships . . . and shipbuilders . . . combatants. chairman. to meet our national security require- The Congress has spoken very loudly, Mr. DURBIN. I thank Senators STE- ments. and very clearly on this rapid change VENS and INOUYE for their insight into Unfortunately, the Navy has pro- in direction. It is in our national inter- this matter. posed to radically change the acquisi- est to have two major surface combat- AUSTRALIAN NATIONALS tion strategy for DD(X) destroyers in ant shipyards. This appropriations bill Mr. KYL. Mr. President, will the Sen- such a manner as to ensure that there is good for the Navy, good for our ship- ate Majority Leader yield for a ques- is only one shipyard involved in major builders, and good for our Nation. tion? surface combatant production. If im- I urge my colleagues to support this Mr. FRIST. I would be happy to plemented, the Navy’s ill-advised pro- legislation and funding for our men and yield. posal to go forward with a ‘‘one ship- women in uniform serving around the Mr. KYL. I thank the distinguished yard’’ competition for DD(X) between world. Senate Majority Leader. I am pleased General Dynamics’ Bath Iron Works in Mrs. FEINSTEIN. Mr. President, I to see that the Frist Amendment, Bath, ME, and Northrop Grumman will vote to support the conference re- adopted by the Senate during consider- Ship Systems in Pascagoula, MS, port on H.R. 1268, the fiscal year 2005 ation of the supplemental appropria- would jeopardize our national security Supplemental Appropriations bill, al- tions bill, is included in this conference and our industrial capacity. though I have serious reservations report. The Frist Amendment creates a We need to move forward with DD(X) about the process that was used to at- new E–3 visa sub-classification for Aus- at both shipyards, as originally tach the REAL ID Act to legislation tralian nationals. I would be grateful if planned. Holding a competition will in- urgently needed to ensure our troops Senator FRIST would clarify a couple of evitably delay DD(X) acquisition and are adequately funded. technical points relating to his amend- increase the costs to taxpayers. I am voting for this legislation be- ment. It is my understanding that the The fleet needs the capabilities of a cause it provides needed support to our E–3 visa would not be limited to em- DD(X) destroyer that will provide sus- troops in combat, additional border pa- ployment that is directly related to tained, offensive, and precise firepower trol agents to secure our porous fron- international trade and investment, as at long ranges to support forces ashore tiers, vital relief to areas affected by are the E–1 and E–2 visas. Could the and to conduct independent attacks the recent tsunami in the Indian Senator confirm that this is his inten- against land targets. These systems Ocean, and important disaster relief tion? will provide a naval or joint task force here at home. Mr. FRIST. I thank Senator KYL for commander with the multimission My colleagues have noted that this his question. He is correct in his under- flexibility to destroy a wide variety of legislation funds important needs for standing that the E–3 visa would not be land targets while simultaneously our military, from additional up-ar- limited to employment that is directly countering maritime threats. mored humvees to increased death ben- related to international trade and in- Moreover, DD(X) will take advantage efits for those who have lost their lives vestment. To qualify for an E–3 visa, of advanced stealth technologies, in service to our Nation in Iraq and Af- an Australian national must be seeking which will render it significantly less ghanistan. employment in a ‘‘specialty occupa- detectable and more survivable to I agree with my colleagues that it is tion,’’ as that term is defined in the enemy attack than the current class of vital that we get these resources to our Immigration and Nationality Act, and ships. It will also operate with signifi- men and women in uniform without the U.S. employer must have obtained cantly smaller crews than current de- delay. a certified labor attestation from the stroyers. However, I have serious concerns Department of Labor. In other re- Conducting a competition for these about the process by which controver- spects, such as visa application proce- ships, or implementing a ‘‘one ship- sial immigration provisions were at- dures, periods of admission, dependent yard’’ acquisition strategy further ex- tached to the bill. admissions, and spousal work author- acerbates the decline in America’s And I want to again express my oppo- izations, the rules applicable to the shipbuilding employment that has sition to the inclusion of the REAL ID new E–3 visa will be the same as for shrunk by an overwhelming 75 percent Act—despite the negotiated changes other E visa holders currently. Also, since the late 1980s. during conference—because an emer- Australian nationals will continue to This supplemental appropriations gency supplemental is not the place for have access to all existing categories of bill continues to build upon the work the Congress to enact substantive im- visas to which they are currently enti- many of my colleagues and I during the migration provisions. tled. past several months to thwart the The REAL ID provisions included in Mr. KYL. I thank the Senate Major- Navy’s attempt to have only one ship- this legislation will bring about signifi- ity Leader for these few points of clari- yard capable of building DD(X)s. On cant legal and policy changes in the fication. March 1, I joined 19 of my Senate col- areas of asylum law, judicial review,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.033 S10PT1 S4840 CONGRESSIONAL RECORD — SENATE May 10, 2005 deportation of individuals alleged links this legislation. The House and Senate Forest Service estimates that 2.3 mil- to terrorist activities, driver’s licenses conferees included $1.128 billion to sup- lion acres of National Forest System and the border fence. port military construction projects lands are inaccessible to ground-based And while I recognize that there were worldwide. fire vehicles. modifications to the REAL ID Act dur- This includes $250 million for projects The Forest Service tells me that they ing conference—including provisions requested by the Army in Alaska, Colo- need to begin work immediately on relating to bounty hunters—we are rado, Georgia, Kansas, New York, roads to allow access for the 2005 fire still talking major changes to our im- North Carolina, and Texas, to support season. They already have contractors migration laws and I don’t believe the Army modernization. working and will add to their contracts Senate was given adequate opportunity The bill also includes $647 million for as funding is available. They have done to review, consider, debate and amend the Army to support the global war on the necessary damage assessments to these issues. terror—$38.5 million for projects in Af- enable immediate start up of work. Any voices of opposition to the ghanistan, $40.4 million for a prison With the $24 million in this con- REAL ID Act were all but silenced. I and security fence in Cuba, $479 million ference report, the Forest Service can was a member of the conference com- for projects in Iraq, and an additional open the majority of roads to accom- mittee, but I was not able to see the $39 million for the design of these modate fire apparatus by July and Au- final language until the bill was ready projects. gust, which is still the early part of to be filed and it was too late to do In addition, there is $140 million in- this year’s fire season. I thank Chairman COCHRAN, Senator anything. Essentially, the minority cluded in the bill to support the Marine BYRD, Interior Subcommittee Chair- was shut out of the conference negotia- Corps Force Structure Review Group to man BURNS and Senator DORGAN, as alleviate the overall stress on the Ma- tions on this bill. well as their able staffs for helping to The REAL ID Act wasn’t the only rine Corps produced by deployments re- secure this funding in the Senate bill. immigration language added to this lated to the global war on terrorism. I also thank House Chairman LEWIS bill in which the Democrats were shut These projects are located in Cali- for working with us in the conference out. fornia, North Carolina, and Djibouti. committee on an issue that is crucial For instance, the Republican leader- The bill includes $141 million to sup- to preventing a repeat of the dev- ship added language at the eleventh port Air Force projects in Central Com- astating fires our State suffered in hour, postcloture, which creates a new mand—$31 million for Afghanistan, $58 2003. temporary worker program for 10,500 million for projects in Iraq, $1.4 million I want to briefly highlight one last Australian workers. for the United Arab Emirates, $42.5 issue that is important to me, and I be- So each year now we will see an in- million for Uzbekistan, and an addi- lieve to the prospects for peace in the flux of 10,500 Australian workers, along tional $8 million for the design of these Middle East. with their families. Assuming that projects. This conference report includes a each of these professional workers Let me turn to an issue that is of provision that I offered to provide legal brings their spouse and child, in reality particular importance to me and to my authority for a Federal agency, the we could be seeing an increase of 31,500 State—and that is preventing and Overseas Private Investment Corpora- individuals each year—in addition to fighting wildfires that have struck the tion, OPIC, to receive $10 million to the other categories of professional West with increasing regularity and in- help bolster economic and infrastruc- workers, such as H–1B and L–1 workers. tensity in recent years. ture development in the Gaza Strip. At what point do we stop creating As many of my colleagues know, OPIC is combining forces with pri- special carve outs for different groups southern California was hit this winter vate organizations to build a $250 mil- of people or different countries? And with unusually heavy rain storms that lion loan fund that would be aimed at after Australia, what country is going caused severe flooding—at this point it microfinance, small business, cor- to come to us and ask for special excep- is the second wettest winter in Los An- porate and mortgage lending to deserv- tions to our immigration laws? geles since records have been kept. ing businesses, firms and entities in I am pleased that the conference These storms dumped 70 to 90 inches the Gaza Strip and West Bank. committee came to a reasonable com- of rain in parts of southern California A meeting is being held this coming promise on the issue of funding addi- that include several national forests, week in London among the various tional Border Patrol agents. The con- causing flooding, debris flows, and loan fund participants to continue ference report makes available $635 mudslides which destroyed or damaged sorting out appropriate financial and million to address understaffing at our more than 90 percent of the roads in legal mechanisms for distributing borders. four National Forests: Angeles Na- these funds. As the group moves forward, this $10 While this is a reduction from the tional Forest; Cleveland National For- million subsidy will play a crucial role amount provided by the Senate, it will est; Los Padres National Forest; and in extending OPIC political risk guar- provide for 500 new Border Patrol San Bernardino National Forest. antees for loans to deserving Pales- agents, 50 additional Immigration and The conference report provides $24.39 tinian business recipients and I was Customs enforcement investigators, 168 million in capital improvement and pleased to assist in this process. detentions officers, as well as needed maintenance funding to the Forest On a larger scale, as we begin the support staff and construction of addi- Service to repair those roads. This process of Gaza disengagement, we tional detention space. funding will make it possible to repair need to help provide the Palestinians This is a good start toward meeting roads that are vital to firefighting ef- with real economic hope—not contin- the goals of the Intelligence Reform forts for thousands of acres in these ued frustration about the lack of jobs and Terrorism Prevention Act, which forests. and exports. authorizes the hiring of 2,000 new Bor- We all know about the disastrous The lack of agreed mechanisms to co- der Patrol agents. That goal was devel- wildfires that burned in southern Cali- ordinate disengagement, developing an oped in concert with the recommenda- fornia in 2003. Fires burned 739,597 agreed concept on how Palestinian se- tions of the 9/11 Commission. acres, destroyed 3,631 homes, and killed curity forces will take over areas evac- I look forward to working with my 24 people, according to the California uated by Israeli defense forces, and per- colleagues on the Homeland Security Department of Forestry. mitting greater freedom of movement, Appropriations Subcommittee to en- San Bernardino Forest Supervisor between Gaza and the West Bank, to sure that next year we continue to hire Gene Zimmerman told my staff that he assist with rehabilitation efforts are additional agents to secure our bor- has never seen the grass grow as high just a few areas of concern. ders. Unfortunately, President Bush’s as it has this year, and it is starting to I hope the $150 million provided by budget for fiscal year 2006 only pro- turn brown—which means it could burn this conference report will contribute vides for 210 additional agents, which is later this year. to framing key security and economic simply not enough. Here is the biggest difference from arrangements that allow Gaza dis- I would like to briefly comment on 2003: right now, firefighters cannot get engagement to occur peacefully and the military construction portion of in to the forests to contain fires. The not violently.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.060 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4841 Although I am troubled by the inclu- lect documents proving the date of venting terrorists from obtaining asy- sion of the REAL ID Act in this bill, birth, social security number, principal lum—which is forbidden under current the bottom line is that it provides nec- address, and lawful immigration status law—this conference report raises the essary funding to our troops in Iraq for any applicant seeking a driver’s li- standard of proof for all asylum seek- and Afghanistan, as well as relief to cense or identification card that would ers. The REAL ID Act’s asylum provi- countries struck by the Tsunami in the be recognized by the Federal govern- sions are opposed by a wide variety of Indian Ocean and disasters here at ment. States would be required to keep religious organizations from across the home. It may not be perfect, but it these documents on hand for a min- political spectrum, as well as advo- gives vital financial support to those imum of 7 years, maintain this infor- cates for refugees and asylees. The who badly need it. mation on a database, and allow elec- United States Conference of Catholic Mrs. BOXER. Mr. President, I will tronic access to all other states. Bishops has said that the asylum provi- vote in favor of the fiscal year 2005 States are understandably concerned sions in REAL ID would ‘‘eviscerate Emergency Supplemental Appropria- that they do not have the capability to the protection of asylum, thus pre- tions conference report. This con- meet this mandate. Privacy concerns venting victims of persecution from re- ference report contains important have also been raised. ceiving safe haven in the United funding that gives our troops in Af- Unfortunately, we have not had the States.’’ ghanistan and Iraq the equipment and ability to fully investigate the privacy Third, this conference report includes support they need. It also provides ad- implications and other issues related the REAL ID Act’s breathtaking waiv- ditional resources to help train new to this provision. My State of Cali- er of Federal law. The Secretary of Iraqi security forces that will help fornia has worked for 3 years trying to Homeland Security will now be empow- speed the return of our servicemen and find a workable solution to this issue. ered to waive any and all laws that women. But in the Senate, the REAL ID Act may get in the way of the construction In March, I traveled to Iraq to wit- did not even warrant a hearing. This is of fences or barriers at any United ness firsthand our military operations. why the National Governors Associa- States border. The Secretary already There is no doubt that the insurgency tion, the National Council of State has broad authority in this area, and to is strong and that our continuing pres- Legislatures, and the American Asso- further increase it demonstrates a lack ence in Iraq, without even a goal for ciation of Motor Vehicle Administra- of concern both with environmental leaving, is fueling it. tors all oppose this legislation. protection and the rule of law. Therefore, our troops are in grave The REAL ID Act also contains a Fourth, the conference report repeals danger every day, as evidenced by the troubling provision that allows the the minimum Federal standards for tragic number of dead and wounded. Secretary of Homeland Security to driver’s licenses that Congress passed Since the beginning of the Iraq War, we waive all legal requirements—includ- only last December in the intelligence have suffered more than 1,600 deaths ing environmental laws—in order to reform bill, in response to the rec- and more than 12,000 wounded. build security fences along U.S. bor- ommendations of the 9/11 Commission. My trip to Iraq confirmed my fears ders. Security fences can be built with- The Bush administration said that it that not enough is being done to pro- out waiving environmental laws. preferred the approach taken in the tect our soldiers from the threat of So, while I will vote for this bill be- conference report to the approach fa- roadside bombs. Roadside bombs are cause it helps our brave and coura- vored by the House, which is contained one of the leading causes of death in geous troops, I am deeply distressed at in the REAL ID Act. The House ap- Iraq and are responsible for 70 percent the way Democrats were left out of all proach, now included in this conference of those personnel killed or wounded. the immigration discussions. report, replaces the newly enacted min- That is why I am glad that the con- Mr. LEAHY. Mr. President, I am dis- imum standards with Federal man- ference report provides $60 million to mayed that nearly all of the provisions dates that I fear will be unworkable. rapidly field electronic jammers that of the REAL ID Act have been included The administration and the States help prevent the detonation of roadside in this conference report after closed- have already devoted substantial en- bombs. This is consistent with the door negotiations between House and Boxer amendment that was adopted on ergy to implementing the existing Senate Republicans. Democratic con- the floor during the Senate’s consider- standards, and this conference report ferees were excluded from these nego- ation of the bill. may represent a step backwards in our I am also pleased that the conference tiations. Indeed, my staff specifically security. report provides $150 million in addi- asked the conferees for the majority to These new provisions will endanger tional funding for up-armored be included in negotiations on these the lives of victims of domestic vio- Humvees. While this is not as much as far-reaching provisions—which have lence, including U.S. citizens. Many provided by the Bayh amendment, it is never received Judiciary Committee States currently allow victims of still a step in the right direction. consideration—but our request was ig- abuse—who frequently are hiding from I will vote for this conference report, nored. their abusers—to obtain driver’s li- but I do so with serious reservations I oppose the inclusion of these provi- censes that do not list their address. about the lack of an exit strategy in sions for a number of reasons. First This conference report will require all Iraq and with additional reservations and foremost, this is not the way we licenses to bear the recipient’s address; about the way the REAL ID Act was should be legislating comprehensive unfortunately, it contains no exception attached to this legislation. changes to our immigration laws. The for victims of domestic abuse or stalk- The REAL ID Act contains sweeping Judiciary Committee never considered ing. If a victim of domestic abuse or changes to our immigration laws. them. The Senate never voted on them stalking is forced to disclose her phys- These provisions were not included in when the supplemental appropriations ical residence in order to get a Feder- the President’s supplemental appro- bill was being debated. Indeed, Senator ally-approved driver’s license, she risks priations request, nor were they in- ISAKSON offered an amendment that in- the possibility that she and her chil- cluded in the Senate version of the bill cluded the text of REAL ID but then dren will be tracked down by their that was approved last month. withdrew it, reportedly under pressure abuser. For women and children fleeing But at the insistence of the Repub- from his own leadership. Many of us be- domestic abuse or stalking, the option lican leadership in the House, this leg- lieved the Senate would vote down the to use an alternate address is not a islation was attached to the House Isakson amendment, especially consid- matter of convenience or preference; it version of the emergency supplemental ering that six Republican Senators had can be a matter of life or death. We bill and then rammed through con- joined six Democratic Senators in writ- must fix this residential address re- ference without the participation of ing to the majority leader to oppose in- quirement when we reauthorize the Vi- Democrats. The REAL ID Act will be- cluding REAL ID in the supplemental olence Against Women Act later this come law without discussion or debate appropriations bill. year by creating an exemption for vic- in the Senate. Second, I am concerned that the tims of domestic abuse or stalking. The REAL ID Act contains a provi- REAL ID Act will cause great hardship Fifth, the conference report would sion that would require states to col- for asylum seekers. In the guise of pre- eliminate habeas corpus review for

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.061 S10PT1 S4842 CONGRESSIONAL RECORD — SENATE May 10, 2005 aliens who have received removal or- opportunity to apply for visas. Unfor- There has been no real opportunity for ders. We have not taken such a step in tunately, that bill was opposed by a debate of the ‘‘REAL ID’’ amendment. this country for more than a century, number of Republican Senators and Its inclusion in this must-pass bill sub- but we are taking it now, without the never received a vote. Our constituents verts the work of the Regulatory Nego- Senate even considering the measure. suffered the consequences, and I am tiation Advisory Committee that was Overall, the REAL ID provisions in gratified that we are prepared to pro- established in last year’s intelligence this conference report need a much vide relief. overhaul bill to provide a thoughtful wider airing and consideration before Mr. JOHNSON. Mr. President, thou- and carefully crafted approach to driv- enactment. Unfortunately, Republican sands of men and women are proudly er’s license legislation. Because we are conferees agreed to exclude the Demo- serving in Iraq and Afghanistan. While now faced with a conference report on crats from consideration of these pro- the majority will return home to their emergency funding, no further amend- posals and a group of Senate and House loved ones, more than 1,700 have paid ments will be permitted and Senators appropriators have agreed to change the ultimate sacrifice to their country, must vote yes or no on the entire pack- our immigration laws in profound and nearly 13,000 have been wounded in age. ways. action. Even after Iraq’s historic elec- The REAL ID amendment will saddle On a much more favorable note, I am tions in January, violence continues on the States with a $500 million unfunded pleased that the conference report in- a daily basis with no end in sight to mandate over the next 5 years, while at cluded, with minor modifications, the the insurgency. the same time, complicating the Senate-passed provision to provide re- Today, the Senate is preparing to ap- issuing and re-issuing of drivers li- lief to the small and seasonal busi- prove another massive supplemental censes. State employees will be re- nesses across our nation that rely on appropriations request from the Bush quired to assume the duties of the Fed- temporary foreign workers who come administration to fund ongoing oper- eral Immigration and Naturalization here on H–2B visas. I cosponsored the ations in Iraq and Afghanistan. The Service at a time when States are al- Senate amendment, offered by Senator most recent request of $82 billion ready reeling from Federal cuts in MIKULSKI, to make additional visas makes it the second largest supple- Medicaid, education, and community available for aliens who wish to per- mental appropriations measure Con- development funding. With no oppor- form seasonal work in the United gress has ever passed and brings the tunity for amendments or expert testi- States. For the second year in a row, total amount of appropriated funds to mony, Congress is being required to es- the statutory cap on such H–2B visas $275 billion. tablish what amounts to a national ID was met before businesses that need I support this supplemental request card. While the goal of establishing additional summer employees were because I firmly believe that Congress more secure driver’s licenses in the even eligible to apply for visas. This has an obligation to provide our troops post-9/11 world is vitally important, it has hurt businesses across the country, with all the resources they need to should be the responsibility of the Ad- and this amendment will provide need- complete their mission. While I am visory Committee. Forcing this ill-con- ed relief. deeply troubled by the Bush adminis- sidered amendment past Congress on In Vermont, the main users of these tration’s continued practice of funding the back of an unrelated bill that pro- visas are hotels, inns and resorts that our efforts in Iraq and Afghanistan vides needed funds for our troops is have a busy summer season. I have through supplemental appropriations wrong and a disservice to the American heard from dozens of businesses in requests rather than the normal an- people. Vermont over the past year that have nual appropriations process, the bill I am uncomfortable conducting Sen- struggled mightily to manage without contains too many important resources ate business in this manner, particu- temporary foreign labor. I know that for our troops not to support it. larly when it comes to issues that af- the Lake Champlain Chamber of Com- This bill includes additional funding fect the security of our personal iden- merce, the Vermont Lodging & Res- above the President’s request for essen- tity. These provisions were attached to taurant Association and many small tial items such as up-armored Army a vital appropriations bill before au- businesses in Vermont are vitally con- Humvees, add-on vehicle armor kits, thorizing Senate committees of juris- cerned and expect that similar associa- night vision equipment, and radio diction had an opportunity to properly tions and businesses in other States jammers that disrupt remote-con- scrutinize the content, conduct hear- are, as well. trolled bombs used by Iraqi insurgents. ings, and pose questions to administra- Indeed, a wide range of industries use In addition, Congress recognizes the ex- tion officials and other interested indi- these visas in other States. I imagine traordinary sacrifices our soldiers are viduals. Even more astounding, Demo- that nearly all Senators have heard making in defense of freedom by in- crats were not included in negotiations from a constituent who has been creasing the amount of life insurance to determine the immigration provi- harmed by the sudden shortage of H–2B servicemembers can purchase, as well sions of this bill. visas, and fear that they will go out of as the one-time death gratuity a sol- On matters as important as immigra- business if Congress does not act to dier’s surviving family members re- tion reform and homeland security, it make more visas available. ceives. is misguided and short-sighted to pass The conference report does not raise Having said that, I have deep con- legislation in this ad hoc fashion. Forc- the cap on the program, but rather al- cerns about this most recent supple- ing Senators to support funding for our lows those who had entered the U.S. in mental request. For over 2 years, troops by voting in favor of legislation previous years through the H–2B pro- American soldiers have been shoul- they may oppose is not in the best in- gram to return. These are, by defini- dering most of the peace-keeping bur- terest of our country. tion, people who came to the U.S. le- den in Iraq. While no one dismisses the I have deep reservations about some gally and returned to their own coun- contributions being made by coalition of the provisions included in this bill, tries as the law requires. The amend- members, once again, I ask President and I hope they can be reconsidered as ment also addresses the concerns some Bush to reach out to our allies so that measures apart from this supplemental members have expressed about fraud. our efforts in Iraq are truly an inter- bill. However, I will vote in favor of I have been working to solve this cri- national effort. The entire world has providing additional funds for our sis for more than a year. I joined last much to gain by a secure and peaceful troops. Our first priority must be to year with a substantial bipartisan coa- Iraq, and other nations should do their ensure our troops have the necessary lition in introducing S.2252, the Save fair share because we ask even more of tools to finish their mission in Iraq and Summer Act of 2004. Senator KENNEDY our brave men and women in uniform. Afghanistan as swiftly and as safely as was the lead sponsor of the bill, which While I am supportive of quick ac- possible. had 18 cosponsors, including 8 Repub- tion on funding for U.S. troops, I must Ms. SNOWE. Mr. President, I rise licans. The bill would have added 40,000 express my strong opposition to the today to address the provisions of the visas for the current fiscal year, pro- way the Republican leadership is forc- conference report to H.R. 1268, the Iraq viding relief to those summer-oriented ing approval of far-reaching driver li- and Afghanistan Emergency Supple- businesses that had never even had the cense legislation as part of this bill. mental Appropriations Act, concerning

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.059 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4843 small business contracting at the De- against contract bundling. This language SKI’s H–2B amendment on April 19, 2005 partment of Energy. does not repeal the President’s Executive by a vote of 94–6. I am pleased that this As chair of the Senate Committee on Order 13360 directing the Department of En- legislation was also accepted in con- Small Business and Entrepreneurship, I ergy to comply with its separate statutory ference and will soon become law. prime contracting and subcontracting goals am concerned that, although the con- for awards to small businesses owned by With the summer season soon upon ference report did not contain a sub- service-disabled veterans. Any interpreta- us, I believe that the H–2B problem stantive change to the Small Business tion to the contrary would be unreasonable needs timely relief that is fair to all Act’s prime contracts goaling require- and contrary to Congressional intent. seasonal employers, and the Save Our ments, it does contain a provision ad- In subsection 6022(c), the replacement lan- Small and Seasonal Businesses Act will dressing small business contracting. I guage mandates a study of changes to man- do exactly this. As most of us know, remain deeply disappointed that H.R. agement prime contracts at the Department the 66,000 cap on H–2B visas was 1268, an emergency appropriations of Energy to encourage small business prime contracting opportunities. The object of the reached in early January; therefore, measure, includes targeted language study is to examine the feasibility of estab- shutting out businesses that rely on H– dealing with the Department of Ener- lishing a procurement agency relationship 2B workers in the spring and summer gy’s small business contracting. Nu- between the management prime contractors months. This seasonal inequity is un- merous groups and individuals, includ- and the Department of Energy in accordance justifiable, and therefore I am pleased ing the SBA Administrator and the with the requirements of Federal procure- that the H–2B provisions before us will SBA Chief Counsel for Advocacy, wrote ment laws, Federal procurement regulations, divide the 66,000 cap so that 33,000 visas to Congress in opposition to sub- the ‘‘Federal norm’’ of government con- will be available for the first half of tracting as recognized by the Comptroller stantive changes to small business General, and applicable judicial precedent the fiscal year and the other 33,000 prime contracting goals. such as U.S. West Communications, Inc. v. visas will be available for the second As a result of inclusion of this provi- United States, 940 F.2d 622 (Fed. Cir. 1991). half of the fiscal year. sion, the Congressional small business Finally, in subsection 6022(d), the replace- To provide timely and meaningful re- committees prepared a joint statement ment language imposes certain requirements lief, the Save Our Small and Seasonal to be submitted in both the House and upon the Department of Energy concerning Businesses Act will also temporarily break-outs of services from large prime con- the Senate. Chairman MANZULLO of the exempt returning H–2B workers from tracts for awards to small businesses. First, House Small Business already filed this the Secretary of Energy is required to con- the statutory cap. For fiscal years 2005 Statement in the House prior to the sider whether services performed have been and 2006, H–2B workers who had worked vote on the conference report for H.R. previously provided by a small business con- in the U.S. under an H–2B visa during 1268. I ask unanimous consent to have cern. This requirement is for acquisition the past three fiscal years will qualify printed in the RECORD the following planning purposes only, and shall not be con- for this exemption and will not be statement. strued as imposing a restriction of any kind counted against the cap. Since the cap There being no objection, the mate- on the ability of the Department of Energy has already been hit for fiscal year rial was ordered to be printed in the to break out its large prime contracts for award to small businesses. Congress recog- 2005, the H–2B provisions in the supple- RECORD, as follows: nizes that most of work currently contracted mental appropriations bill will estab- JOINT STATEMENT CONCERNING SMALL BUSI- by the Department of Energy to its large lish a ‘‘look back’’—namely, they allow NESS CONTRACTING PROVISIONS IN H.R. 1268 prime contractors has never been histori- the Department of Homeland Security (by Senator Olympia J. Snowe, Chair of the cally performed by small businesses. How- to estimate how many of the H–2B Senate Committee on Small Business and ever, this does not waive the application of visas already issued for this fiscal year Entrepreneurship, and Congressman Don- the Small Business Act, the President’s Ex- were given to returning workers. This ald R. Manzullo, Chairman, House Com- ecutive Order 13360, or the President’s initia- mittee on Small Business) tive against contract bundling to the Depart- is necessary to ensure that the Depart- Section 6022 of H.R. 1268, as adopted in the ment of Energy. Second, the Secretary of ment can swiftly apply the exemption Conference Report, H. Rep. 109–72, contains Energy is required to consider whether small for fiscal year 2005 and free up visas certain provisions concerning small business business concerns are capable of performing under the cap for new H–2B workers for contracting at the Department of Energy. under the contracts which are broken out for this summer season. These provisions were inserted as a sub- award. This requirement is simply a restate- In addition, the Save Our Small and stitute for Section 6023 of the Senate version ment of current statutory and regulatory re- Seasonal Businesses Act will allow the of H.R. 1268. Section 6023, among other quirements on contractor responsibility. Department of Homeland Security to things sought to amend the Small Business Subsection (d)(2) directs the Secretary of En- waive the Administrative Procedure ergy is required to—impose certain subcon- Act to authorize counting of small business Act to avoid having to issue rules and subcontracts at the Department of Energy’s tracting requirements. As the text plainly large prime contractors for purposes of re- indicates, this provision applies solely to go through other hurdles to implement porting small business prime contracting re- small business prime contracts which were the H–2B provisions before us. This is sults. Because the substitute language was formerly small business subcontracts for intended to give the Department the not adopted by Congress through regular leg- services. ability to swiftly accept H–2B petitions islative proceedings in the Senate Com- Mr. GREGG. Mr. President, I rise to and implement the Save Our Small and mittee on Small Business and Entrepreneur- discuss a few of my thoughts regarding Seasonal Businesses Act in a timely ship and the House Committee on Small the Iraq/Afghanistan supplemental ap- manner so that businesses can employ Business but was adopted anew during the propriations bill that the Senate is ex- H–2B workers this summer. House-Senate conference, the committees of As I stated earlier, I am pleased that jurisdiction take this opportunity to provide pected to pass today. In particular, I guidance generally provided through their wanted to discuss the bill’s important Congress has finally acted to improve reports to Senators and Representatives provisions that would improve the H– the H–2B program and provide timely prior to their vote on the Conference Report, 2B visa program and provide timely re- relief for small and seasonal busi- and to affected Federal agencies prior to lief for seasonal businesses in my State nesses. In my State, the H–2B program their implementation of the Conference Re- and across the country. is of special concern to the tourist and port if adopted. First, let me express my appreciation logging industries, which are both im- In subsections 6022 (a) and (b), the lan- to my dear friend from Maryland, Sen- portant to the New Hampshire econ- guage chosen to replace Section 6023 in the Conference Report directs the Department of ator MIKULSKI, who has been a tireless omy. For instance, in 2004 alone, New Energy and the Small Business Administra- fighter for the seasonal employers in Hampshire’s tourism industry gen- tion to enter into a Memorandum of Under- her State. She and I have worked to- erated $4 billion in revenues and nearly standing for reporting small business prime gether on this issue for several months, $140 million in rooms and meals taxes, contracts and subcontracts at the Depart- and I was proud to be the lead cospon- which makes up about 25 percent of the ment of Energy. This replacement language sor of S. 352, the ‘‘Save Our Small and State’s total revenue stream. For a does not change the Small Business Act’s Seasonal Businesses Act of 2005.’’ Our number of seasonal employers in my clear distinction between prime contracts offices worked closely to draft this leg- State, the short-term hiring needs and and subcontracts, does not amend the statu- tory small business prime contracting goal islation, which was incorporated into the nature of their businesses make it requirements which are binding on the De- the Iraq/Afghanistan supplemental ap- extremely difficult, if not impossible, partment of Energy, and does not obviate propriations bill when the Senate over- to fully staff their positions with U.S. Congressional and regulatory policies whelmingly approved Senator MIKUL- workers. H–2B workers therefore are

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.020 S10PT1 S4844 CONGRESSIONAL RECORD — SENATE May 10, 2005 the only lawful option to fulfill labor tional $450 million for increased border deaths, similar to language proposed in shortages when U.S. workers are not security. Those efforts cannot wait any the Senate committee. Regrettably, it available. longer. After having been needlessly omits the Kerry amendment, which I The Save Our Small and Seasonal delayed by the inclusion of extraneous cosponsored and which was adopted by Businesses Act will help ensure that provisions in the House of Representa- an overwhelming bipartisan majority these seasonal employers can stay in tives, we need to put these investments of this body, that would have assured business and use a program that has to work. that all the families in the military safeguards for U.S. workers. Moreover, We also need to put the resources to who have died since 9/11 would be eligi- as we try to reign in illegal immigra- work that are called for in this legisla- ble to receive $100,000 in fallen hero tion and bolster respect for our laws, I tion beyond Iraq. That is why it is so compensation. Similarly, just as insur- believe that Congress has shown wise important that the conference com- gent attacks began to spike, this con- judgment by passing this legislation. mittee include the $5 million downpay- ference report also omits much of the In addition to strengthening anti-fraud ment on America’s investment in a additional funding for up-armored protections, these H–2B reforms will re- strong and independent and democratic humvees, overwhelmingly passed in the ward employers that follow the rules Lebanon, free from interference from form of an amendment sponsored by and will encourage the lawful hiring of Syria. We all remember the courageous Senator BAYH. temporary workers instead of the hir- protests in the streets of Beirut earlier As we see more and more reservists ing of illegal aliens. this year. Yet despite this brave show and guards men and women deployed to Some provisions of the Save Our of support for freedom, the President’s Iraq, the conference report omits pro- Small and Seasonal Businesses Act are supplemental included no funding for tections for these patriots and their only temporary in nature and are in- strengthening democracy in Lebanon. families. tended to be a short-term fix. I recog- That would have been a missed oppor- The amendment would have ensured nize that significantly more work must tunity, and I am delighted that the that Federal employees who have been be done to improve our immigration conference committee kept this fund- activated in the Guard or Reserves do policies over the long term, including ing in the conference report. not suffer any loss in salary as a result our guest worker programs. We can no At the same time, we need to ensure of their willingness to take on this pa- longer accept having immigration laws that the enormous investment our tax- triotic assignment. I do not understand that fail to bring about order along our payers are making in this bill is in- why the conference deleted the pay- borders and other points of entry or are vested carefully. We were all painfully ment protections afforded these fami- ignored altogether. As such, Congress familiar with the reports from Iraq of lies by the Durbin amendment. must re-double its efforts to pass com- security personnel that received train- While the conference committee prehensive immigration reform legisla- ing only to turn and run when con- could not protect these important pro- tion, and I look forward to working fronted with insurgents, or even the in- visions for our troops and their fami- with my colleagues on this long needed stances where personnel we paid to lies, somehow this conference, led by effort. train turned their weapons on our own Members of the House of Representa- The PRESIDING OFFICER. The Sen- troops. tives, did find time to include within ator from Colorado. That is why I am so pleased the con- Mr. SALAZAR. Mr. President, I this wartime supplemental a huge pro- ference report includes the amendment posal that has never received a hearing thank Chairman COCHRAN for his lead- I included during our debate in the ership on this important bill for our in the Senate. Senate regarding the hundreds of mil- I will say this about the so-called country, as well as ranking member lions of dollars we are investing in Af- REAL ID Act included in this bill: It BYRD. I rise in support of H.R. 1268. I sup- ghan security forces. Like our success- does nothing to address the calls of port it because it is a symbol of our ful efforts to invest increased resources many Coloradans for serious border compact with our troops and their fam- in Colorado police officers when I strengthening. ilies. I support it because it sends a sig- served as Colorado State attorney gen- It will not reduce the flow of undocu- nal of hope to other emerging democ- eral, my amendment simply says that mented immigrants who come to the racies. And I support it despite some we are prepared to pay to train Afghan United States. Instead, it will heap an baffling decisions taken in the con- forces, provided they are prepared to unfunded mandate on the States, pass- ference committee to strike key pro- accept greater accountability and ing onto the States our duty to protect posals to support our troops and their standards of excellence. That is the our borders. At the same time, it de- families. least the American people should ex- nies protection to refugees who come Insurgent attacks in Iraq are on the pect, and I commend the conference to this country seeking freedom from rise. There were 45 per day in March, 60 committee for adopting that amend- religious and political persecution. per day in April, and the rate of at- ment. Let’s be clear what those protections tacks this month is topping that num- I also want to comment on inadequa- are for. They are for the world’s most ber. While down from the highs of the cies that I see in the conference report. vulnerable people who come to this preelection violence, this spike does As a new Member of the Senate, I have country seeking freedom and safety not suggest a weakened or retreating to express my surprise at the partisan from persecution. They include Chris- insurgency. Instead, it suggests a nature of the conference committee re- tians fleeing persecution in Egypt, de- greater urgency is needed for even port itself. This is a shame because the mocracy activists fleeing violence in greater support for our troops. rest of the country does not see sup- West Africa, and women fleeing abuse Last month the Washington Post porting our troops as a partisan issue. in Somalia. While the issue of immi- quoted an unnamed American official It seems to me that in a time of war, gration is an issue that necessarily de- in our embassy in Baghdad as saying: we can do better than a conference serves attention in our Nation’s Cap- My strong sense is that a lot of political committee that meets purely on par- itol today, this is not the way to go. momentum that was generated out of the tisan lines, better than a conference Mr. President, it is time that we get successful election, which was sort of like a committee that cuts out proposals that the funding contemplated in this legis- punch in the gut to the insurgents, has worn passed this Chamber with over- lation to our troops. It has been de- off. whelming majorities, and better than a layed long enough. I intend to vote for In Colorado, we have seen Army conference committee that inserts a it, and I hope my colleagues will do the units mobilizing for their second and proposal to overturn decades of Amer- same. third tours in Iraq; this nearly 2 years ican asylum policy, a policy that pro- I yield the floor. after we were assured that the mission tects the world’s most vulnerable peo- Mr. COCHRAN. Mr. President, I am there had been accomplished. So it is ple, even though a Senate committee pleased to see that Senators have en- time that we get this assistance to our has never reviewed that policy. dorsed the conference report in a bipar- troops and to their families. The conference report provides an in- tisan way. We appreciate the support This bill includes $75.9 billion for the crease in the fallen hero compensation that this is receiving. In every con- Department of Defense and an addi- to $100,000 for all combat-related ference, there are always issues that

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.062 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4845 arise that cannot be resolved to suit all that would be adopted by the Senate. I We know, however, that the need for Senators or all Members of the other think we have accomplished that goal. additional funding for our campaigns body. But I must say to the Senate I am proud of the work that was done in Iraq and Afghanistan is something that this was a conference that was by the members of our staffs. They we should expect and be able to budget open, fair, and it allowed for the par- worked very, very hard in the prepara- for. Unfortunately, this is not new for ticipation of all conferees, both parties tion of the conference report that is be- this Congress or for the Bush adminis- in the Senate, and the same with the fore the Senate today. I especially tration. This is, I believe, the fourth House. We had two sessions; one was in want to thank our staff director, Keith consecutive time that funding for mili- the Capitol over on the House side and Kennedy; Terry Sauvain, his counter- tary operations in Iraq and in Afghani- another was on the Senate side in the part on the Democratic side; Chuck stan have been requested outside the Mansfield Room, where any Senator or Keiffer on the Democratic side, who regular budgeting and appropriations any Member from the House who want- also worked very hard; Charlie Houy, process. ed to speak before the conference had who has been a stalwart member of the By not taking into consideration the the right to do so. In addition, Mem- staff of the Defense Appropriations costs of these supplemental requests, bers had the opportunity to offer mo- Subcommittee for many years; Re- which we all know are coming, the tions, amendments, or suggestions for becca Davies on the Homeland Security President and the Congress can more the benefit of members of the con- Appropriations Committee; Sid easily fudge the true nature of our Fed- ference. Ashworth, the clerk of the Defense Ap- eral deficits and what our spending as- I was very pleased to acknowledge, at propriations Subcommittee. Senator sumptions will be over the foreseeable future. In other words, by keeping the the time, the important participation STEVENS, chairman of that sub- spending out of the budget, the Presi- of the ranking member on the Demo- committee and former chairman of the dent and this Congress can paint a fis- cratic side in the Senate committee, full committee, was enormously influ- cal picture that is, frankly, rosier than Senator BYRD, who took an active role ential in this conference. I have been reality. in the discussions, who offered a mo- very grateful for his support and assist- Contrast, if you will, what we are tion at one point to insist upon the po- ance. I also thank Clayton Heil, coun- doing today with what we did during sition of the Senate in the conference. sel to our Senate Committee on Appro- the Vietnam conflict, the conflict I Other members could have done the priations, who has been very helpful as served in and I know others of us did as same or argued against including any well. And there are others. well. After one supplemental appro- provision of the House-passed bill. Mr. President, I appreciate the as- priations in 1966, President Johnson There has been some discussion sistance of other Senators on the full and later President Nixon included the today about the REAL ID provision. I Committee on Appropriations. We had cost of our military operations in Viet- didn’t think that was a wonderful idea strong support in the signing of the nam in their annual budget requests, myself. It was not included in the Sen- conference report. It has been a bipar- not in emergency supplemental after ate bill. It was a House provision. But tisan achievement. It is not a partisan emergency supplemental. They re- the House Members insisted that it be bill, and we appreciate the fact that it quested them in their annual budget included in the conference report. Any- is not. request. That approach was the right one who wanted to resist that had an Mr. President, I suggest the absence approach. Whether people approved of opportunity to argue against it or to of a quorum and ask unanimous con- the war in Vietnam and our involve- offer a motion that the Senate insist sent that the time under the quorum ment there, at least the approach of upon its position that it not be in- be charged equally to each side. budgeting for it was appropriate. I be- cluded. No Senator elected to do that. The PRESIDING OFFICER. Without lieve we owe it to the American people, I didn’t know how many meetings objection, it is so ordered. who are very aware of the cost and na- were going to be required of the con- The clerk will call the roll. ture of our operations, to be upfront ference. I had no idea what the House The legislative clerk proceeded to about the true state of our country’s fi- would do in terms of insisting on provi- call the roll. nances. sions in this bill as that conference Mr. CARPER. Mr. President, I ask To make a second point, there have began. I was, frankly, surprised that we unanimous consent that the order for been times in the last several years didn’t have but two meetings of the the quorum call be rescinded. when the House has passed a bill, the conference. I expected that we would The PRESIDING OFFICER. Without Senate has passed a bill, we convene a have other meetings. But the House objection, it is so ordered. conference committee, and the House didn’t think it was important or nec- Mr. CARPER. Mr. President, in a and Senate, Democrats and Repub- essary, and I got the impression that time of war, nothing is more important licans, have a full and open oppor- there were going to be no more meet- than making sure that our fighting tunity to participate in that con- ings but only after the second meeting men and women have what they need ference committee. had concluded. Members of the com- to do their jobs well. It is with our Concerns have been raised. I think mittee continued to discuss issues with troops in mind that I will vote in favor the chairman of this committee is, House conferees, and we finally reached of this supplemental appropriations quite frankly, as fairminded a person agreement. conference report. as I know. It is a real joy to serve with I think this is a good conference re- Having said that, I do have some him. I have said it to him privately and port. It is a reasonable compromise be- major concerns about how this bill has I will say it to him publicly. But I have tween the two bills that were passed by been put together and how the Con- heard reports back from those who felt the House and the Senate. We didn’t gress has conducted its business with they did not have opportunity extended get everything we wanted in the con- respect to such emergency spending re- to them to actually offer amendments ference with the House; neither did the quests over the past several years. in committee that they felt they had House get everything they wanted in Thousands of brave Americans have been assured they would have a chance conference with our Senate conferees. been serving our country in war zones to offer. That is a matter of concern to But I think this is a fair conference re- since shortly after that fateful day of me and I think it would be if the shoe port. It reflects a commitment to sup- September 11, 2001. But 4 years later, were on the other foot. port the President, to provide funding the President and those of us in this Third subject, REAL ID. There was that is needed for military operations Congress continue to refuse to budget an amendment I alluded to offered by in Iraq and Afghanistan. It is an urgent for these wartime expenses. Rather Senator DURBIN that passed the Sen- supplemental bill, and it ought to be than incorporating the costs of the op- ate. It passed the Senate 99 to 0. The passed today by the Senate. I am con- erations in Iraq and Afghanistan in the amendment would have helped to com- fident that it will be. budget, these important expenditures pensate Federal employees who were I appreciate very much the assist- continue to be tagged as ‘‘emergency called to active duty who were making ance and the affirmative way members spending.’’ Emergency spending should more money as a Federal employee of our conference worked to ensure be reserved, in my view, for unforeseen than they were after they had been ac- that we could get a conference report needs. tivated to active duty. We passed by a

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.066 S10PT1 S4846 CONGRESSIONAL RECORD — SENATE May 10, 2005 99-to-0 vote a provision that said we I came back and called Secretary directly to the Palestinian Authority. should make up the shortfall in those Rice and said, we ought to be putting A portion of that, maybe $50 million, instances. That particular amendment as much energy and time and attention will end up going to the Government of that was passed by a 99-to-0 vote was into trying to forge a final com- Israel as they try to create high-secu- left out of the conference report. I promise, a final peaceful resolution, in rity checkpoints which would allow know other items were never consid- Israel. To the extent we can do that be- that truck I talked about earlier to go ered by the Senate. A prime example of tween the Palestinians and the Israelis, through a high-tech security check- that is the controversial REAL ID pro- we would probably do more to reduce point and not have to be offloaded. It posal somehow did find its way into the the ability of terrorists to raise money, would enable people to move freely legislation. As I recall, we never had a to reduce the ability of terrorists to re- who are trying to get a job or going to chance on the Senate floor to even dis- cruit new terrorists, to reduce their a job from Palestinian areas to Israeli cuss the REAL ID issue. It was not part ability to convince people in some kind areas or vice versa, without being im- of our supplemental bill. Yet when the of unholy jihad to go out and blow peded from doing that, or having to final bill comes up, we are looking at 55 themselves up and kill a lot of inno- spend hours trying to get through a pages of new immigration law that this cent people. checkpoint. body has never debated and which was If the United States can somehow At the same time, we have the abil- inserted at the behest of the House Re- emerge from a peace process in the ity through the technology of today to publican leadership. Middle East and Israel and be seen as stop the terrorists. People who are car- I have a serious concern about the honest broker in helping the rying contraband or explosives or stuff whether these immigration provisions Israelis and the Palestinians get to a that will enable them to hurt other make sense. I know some feel they do, fair and peaceful permanent resolution, people can be stopped at these check- but I have some real concerns. The we would do more to set back the ter- points. There is money in this bill that REAL ID Act, for example, would re- rorists and end the war on terrorism, would enable the Israelis to help build peal the driver’s license standards to make us safer in this country, to terminals, checkpoints for folks to pass framework we created last year in the make people safer in Israel, in Pales- through, Palestinians or Israelis, for Intelligence Reform Act, which is tinian-controlled areas, to make people that matter, to reduce the likelihood of based on the recommendations made safer in Iraq and Afghanistan as well. terrorist incidents that will grow out unanimously by the 9/11 Commission. When I was in Israel, I had the oppor- of that movement of people, and to bet- In place of the 9/11 Commission frame- tunity to travel to Ramallah. During ter ensure that goods and services in work, REAL ID would create an en- that trip, we were behind a flatbed commerce can move about freely. So tirely new and expensive Federal truck. As that truck went from Israeli- that is a good thing. standard for the issuance of driver’s li- controlled territory into the West There are some who will quarrel with censes but provide no funding to my Bank, it had to go through a check- whether the money should have gone State, Mississippi, South Carolina, or point. At the checkpoint, literally ev- directly to the Palestinian Authority any other State, for that matter. As a erything on the flatbed truck had to be or whether it is more appropriate to go former Governor, I believe such un- removed and moved on to another flat- through other organizations that we funded mandates should not be consid- bed truck in order to make sure there call NGOs. I am not going to get into ered lightly. was not contraband, explosives or that argument. Furthermore, I have heard from a something there that would represent I say to my friend from Mississippi, number of constituents in my own an endangerment to other people. we may have a chance later on—maybe State who are concerned that the bill One of the best ways to ensure that in the Foreign Affairs appropriations would make it more difficult for those terrorists still have plenty of places bill or the foreign operations bill—to fleeing religious persecution to gain from which to recruit new terrorists in come back and revisit this issue and asylum, while allowing the Secretary that part of the world is to ensure that decide whether, given the reforms that of Homeland Security to waive all laws the rate of unemployment in Pales- are being made in the Palestinian Au- in order to build a fence along our bor- tinian-controlled areas remains at thority through reduced corruption, to ders. about 50 percent. It is in our interest, tamp down on terrorism within organi- In this post-9/11 world we know it is it is in the interest of the Israelis, it zations such as Hamas, we may have vital to ensure security not only along certainly is in the interest of Palestin- the opportunity to come back and de- our borders but also within our Nation. ians who want peace and a better life, cide whether to allocate some addi- However, instead of thoroughly consid- for us to help bring down the rate of tional money later this year to ering homeland security and immigra- unemployment. strengthen the position of President tion reform measures, the House has The way to do that is not to have Abbas and to reward positive behavior hastily tacked on legislation that trucks go from one part of that area to on his behalf and that of other Pal- could have potential negative con- stop at a checkpoint and offload on to estinians. sequences for the Latino and other im- a new truck. There has to be a free flow So those are points I wanted to migrant communities in my State and of people and a free flow of goods, a make. I am going to recap them again across our country. I think we should free flow of commerce in that part of very briefly. First, the concern as we have had a proper debate to ensure the world in order to help get the Pal- go forward for us to take as an example that this legislation would actually estinian economy up and on its feet the budgeting approach used by earlier protect our Nation and make us more and to bring down unemployment. administrations, Democrat and Repub- secure. My parents used to say to me, an idle lican, President Johnson, President The last thing I want to mention mind is the devil’s workshop. Well, peo- Nixon, at least in terms of funding the deals with Israel and the peace process ple who do not have anything to do Vietnam war. After the first emer- there. I returned from that part of the with their time are also prime for gency supplemental appropriation, fis- world about 5 weeks ago, convinced being recruited as terrorists. To the ex- cal year 1966, they said we are going to there is an opening, a possibility, how- tent we can help bring down the unem- make part of our regular budget re- ever difficult to achieve, that Israelis ployment rate in the Palestinian com- quest moneys to support that war ef- and Palestinians may find common munities, we also bring down the like- fort. Again, we ought to do the same ground; that the Palestinians finally lihood they are going to be recruited to thing now going forward. have a chance to end up with a home- become terrorists. Second, I call on our Republican land of their own and to live side by In the bill that passed the Senate, friends to remember the Golden Rule, side in a separate state, in a geo- there is a provision for some $200 mil- to treat other people the way we want graphical area with the Israelis, who lion to support Palestinian political, to be treated. As we go forward in would have peaceful and secure borders economic, and security reforms. As we these conference committees, to the and reasonable economic and diplo- have gone through the process in con- extent we treat people fairly from our matic relations with their Arab neigh- ference, roughly the same amount of side, some day when we are in the ma- bors. money has emerged, and it is not going jority—and some day we will be—more

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.068 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4847 likely we will end up with a situation people find out they have to haul out a the remaining difficulties are Iraq’s where the minority, in that case the birth certificate when they go down to problems. Republicans, will be treated fairly, too. reestablish their driver’s license, it is The unfortunate truth seems to be On REAL ID, it will be interesting to going to cause a great inconvenience, that more than 2 years after President see what the States come up with in re- especially to the senior citizens of this Bush declared the end of major combat sponse to these unfunded mandates. I country. I think Senators are going to operations—remember ‘‘mission ac- don’t like unfunded mandates. I never get an earful. complished’’—Iraq has a limited capac- liked them as a Governor. I don’t like Third, I am quite concerned about ity to defend itself or govern itself. it now. Whenever we in Washington fig- the implication that this is going to Even worse, the administration has ure out that we ought to tell the States have on the rights and protections of no real plan to help Iraq acquire that and local governments how to spend minorities. Is this the beginning, por- capacity. As much as the President the money, we don’t provide the tending certain discriminations be- may want to dump Iraq’s problems on money. We tell them how to raise the cause of minorities? the new Iraqi Government, his admin- money, or not raise the money, but we Obviously, this is a must-pass piece istration has a responsibility to our do not provide an offset. That is a slip- of legislation. It is funding the war ef- troops and the Iraqi people to help ad- pery slope. I think we are on that slip- fort. It is funding our troops. We are all dress these problems and to inform pery slope with respect to this REAL going to vote for it, and we will pass it. Congress how he plans to do so. ID provision. But we should not have something that I would underscore that this supple- Finally, on the Palestinian peace ini- is so important to the privacy rights of mental appropriations bill should not tiative, I think it is important to pro- Americans added to a bill like this in have had to come before this body at mote investments in the Palestinian this secretive way. this time. It should have been in our areas to get their economy moving I wanted my comments made very regular budget. This war is ongoing. again, and it is important we help fund clearly on the record. There is no reason to do it in this way. security measures that enable the free I yield the floor. I have supported and the Senate flow of commerce, of people and goods Mr. President, I have something else passed an amendment crafted by Sen- as long as we are in a holding pattern. in and out of the Palestinian areas so ators DURBIN, LEVIN, and KENNEDY re- they can reduce their unemployment What is the pleasure of the majority quiring the administration to inform rates and reduce the threats of ter- leader? Does he want to go on and call us of its efforts and plans for securing rorism. for the vote or does he want to have and stabilizing Iraq. Unfortunately, With that having been said, I am some more time before the vote, in Republican conferees dropped the im- going to stop here. I suggest the ab- which I will speak on another subject? portant amendment from the text of Mr. FRIST. Mr. President, I have not sence of a quorum. this bill. The PRESIDING OFFICER. The talked to the Democratic leader, but I As troubled as I am by the Repub- clerk will call the roll. think if we are about ready to vote, lican majority’s actions on Iraq, I am The legislative clerk proceeded to then what I might do is go ahead and perhaps more disturbed by what they call the roll. do my statement in the interest of decided to do on immigration, and how Mr. NELSON of Florida. Mr. Presi- time, unless there is something just they went about it. dent, I ask unanimous consent the burning that the distinguished Senator order for the quorum call be rescinded. from Florida has to say. I will go ahead Republicans tacked the so-called The PRESIDING OFFICER. Without and do my statement and then—if the REAL ID immigration legislation onto objection, it is so ordered. Democratic leader is available? this emergency supplemental that is to Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. I will tell provide funding for our troops. REAL dent, I want to speak as to how I am the Senator that I have something that ID imposes dramatic new burdens on going to vote. Clearly, the necessity of is really burning because they are try- the States and substantially alters the funding for all of our troops requires a ing to drill for oil off the coast of Flor- immigration and asylum laws in ways ‘‘yes’’ vote on this legislation. I gladly ida. But I am going to yield to the ma- that this Nation may soon come to re- do that. I do want to express my con- jority leader and to his wishes so he gret the action taken by this body. cerns about this so-called REAL ID can expedite the process and the vote. For the House to self-righteously say part that was put in in the dead of I yield the floor. that on appropriations bills they will night, without the notification that The PRESIDING OFFICER. The Sen- allow no authorizing legislation, people was promised to the minority and ator from Nevada. can always waive this REAL ID—this is without the informing of all the var- Mr. REID. Mr. President, I apologize the mother of all authorizing legisla- ious Senators who were part of the con- for Senators having to wait for me. I tion on an appropriations bill. ference committee. This is not the way want to begin by saying I support this This REAL ID Act makes reckless we should be doing legislation. It ought legislation. I commend the work of the and unwise changes to our laws with to be in the full light of day. That is managers of the bill, Senator COCHRAN respect to the environment, refugees, why they refer to making legislation is and Senator BYRD. I understand how judicial review and, most of all, States like making sausage—you don’t know essential this bill is to our troops who rights. It is essentially anti-immigrant what all is in it. are risking their lives and, of course, to legislation couched in the language of With regard to this REAL ID Act, the the tsunami victims who are struggling antiterrorism. The Wall Street Jour- concern that I have is that we are to rebuild their lives. nal, not the bastion of the so-called lib- going to have an invasion of people’s The conference report, though, comes eral press, said the changes made by privacy without having carefully con- up short on two issues: Iraq and, of REAL ID ‘‘have long occupied the wish sidered it through committee hearings course, immigration—short of what the list of anti-immigration lawmakers and through full debate of the issue. world rightly expects from the most and activists.’’ That is the Wall Street For something that is as important to free nation in the world, and short of Journal. so many Americans as a driver’s li- what Americans should expect from REAL ID will make it much more cense, we are going to start on the road their elected leaders is what is written difficult for individuals fleeing persecu- of the invasion of privacy. I do not all over this conference report. tion to seek asylum in the United think this is the way to establish what Starting with Iraq, the Chairman of States, will sharply reduce the ability is, in effect, the first step for a na- the Joint Chiefs of Staff recently said of the Federal courts to rein in over- tional identification card. I don’t think that the insurgency is as strong today zealous or ill-willed administration of- this is the way to do it, in the dead of as it was a year ago. The recent up- ficials, and will give the Secretary of night, by stealth and sleight of hand. surge in violence and unrest in Iraq Homeland Security unprecedented au- Second, I think Senators are going to seems to bear out that remarkable and thority to waive environmental and get an earful if they are starting to get very troubling conclusion. Yet the ad- other laws. the rumblings that I am getting from ministration acts as if the situation in REAL ID could compromise the pri- constituents in my State. When most Iraq is essentially under control and vacy of American citizens, create long

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.069 S10PT1 S4848 CONGRESSIONAL RECORD — SENATE May 10, 2005 lines at local DMVs, and make it hard- Finally, I think our ability to suc- Osama bin Laden and al-Zarqawi will er for States and the Federal Govern- ceed in Iraq should have received much be brought to justice, just as Saddam ment to keep track of who is in our greater attention in this bill, and im- and his henchmen now sit in prison. country. In short, REAL ID may make migration should have been dealt with Our brave men and women in uniform us less rather than more safe. more thoughtfully and thoroughly in a and their colleagues across the U.S. As troubling as what the majority subsequent legislative vehicle. Our Government are risking their lives and did on immigration is the way they troops and taxpayers are expecting so- working hard every day to bring that went about it. Republicans tacked on lutions and leadership from the Presi- moment ever closer. REAL ID knowing full well immigra- dent and the Congress. The world is ex- I urge my fellow Senators to pass the tion issues had nothing to do, as I have pecting this Nation to live up to some supplemental swiftly so we can get this said before, with the underlying legis- of the lofty immigration rhetoric es- support to our military men and lation and that REAL ID had never, poused by the administration early on. women in the field—and also, I should ever been considered in the Senate, ei- I regret the majority acted in this fash- add, to the victims of the December ther in the Judiciary Committee, the ion. I look forward to opportunities to tsunami tragedy. The war supple- committee of jurisdiction, I believe, or revisit these unwise decisions. mental includes nearly $880 million in on the Senate floor. The PRESIDING OFFICER. The ma- relief funds to help people in countries Compounding matters, House and jority leader is recognized. devastated by that deadly wave. Senate Republican conferees went be- Mr. FRIST. Mr. President, in a few Furthermore, it includes nearly $630 hind closed doors without Democrats minutes we will vote on the President’s million to increase security at our bor- war and tsunami supplemental request. and included a modified version of ders by hiring 500 new border agents I take this opportunity to thank Chair- REAL ID. and tightening our driver’s license ID man THAD COCHRAN, as well as Senator What so troubles me is that the Re- requirements. BYRD, for their leadership on behalf of publicans have the votes. They are in America is leading the war on terror, our men and women in uniform. This is the majority. They had the majority in and we are making great progress. As one of the first major appropriations the conference. But they refused to this supplemental appropriations dem- have up-or-down votes so the public for Senator COCHRAN under his chair- manship of the full committee, and I do onstrates, we are a strong Nation, and could see what they were doing. They we are a compassionate Nation. had the ability to turn down every congratulate him for a job superbly done. I also thank Senator STEVENS I look forward to an overwhelmingly amendment we offered, but they were bipartisan vote on this critical legisla- unwilling to do that. and Senator INOUYE. I am confident we have a bill that will shortly be over- tion in a few moments. Our troops and They rejected a bipartisan plea to our fellow citizens are depending on it. give REAL ID and other immigration whelmingly supported on both sides of the aisle. Mr. President, I ask for the yeas and issues the time and attention they de- nays. served, and limited opportunities for The legislation before us is abso- The PRESIDING OFFICER. Is there a opponents of REAL ID to offer motions lutely critical to winning the war on sufficient second? to strike or change what they agreed terror. It provides $75.9 billion in sup- There appears to be a sufficient sec- to. port of our troops who are out in the As a result of the Republicans’ deci- field in Iraq and Afghanistan coura- ond. sion to incorporate REAL ID and their geously hunting down the enemy, help- The yeas and nays were ordered. abuse of the process, most Democratic ing rebuild these countries, and spread- Mr. FRIST. Mr. President, we yield conferees either refused to sign the ing freedom and democracy. back the time on our side. We are indebted to our soldiers, and conference report or did so while tak- Mr. CONRAD. Mr. President, I yield this legislation reflects our deep com- ing strong exception to the REAL ID back our time as well. mitment to their readiness, to their provision. The PRESIDING OFFICER. All time safety, to their families’ well-being. I am also disappointed about the has expired. This weekend, U.S. troops launched a The question is on adoption of the White House’s role in this matter. For major counterinsurgency offensive in years now, the administration has been conference report. The yeas and nays western Iraq near the Syrian border. have been ordered. The clerk will call talking about the need to reform immi- This region has become an infamous the roll. gration laws. Remember the big trip smuggling route and sanctuary for for- The legislative clerk called the roll. President Bush made, when he was eign jihadists. So far, our troops have The result was announced—yeas 100, first elected, to meet with President killed over 100 of the terrorists, and Fox in Mexico? They have been talking they continue to press the enemy back. nays 0, as follows: about the need for reform, so law-abid- Meanwhile, this weekend, our mili- [Rollcall Vote No. 117 Leg.] ing, hard-working immigrants can find tary announced the capture of a top YEAS—100 work in this country, help our econ- Zarqawi associate, Amar Zubaydi. He Akaka Dayton Lautenberg omy grow, and support their families was apprehended in a raid on his home Alexander DeMint Leahy here and back, mostly, in Mexico. last Thursday. Zubaydi is an extremely Allard DeWine Levin Since this legislation will hurt hun- Allen Dodd Lieberman dangerous man. He is believed respon- Baucus Dole Lincoln dreds of thousands of the very people sible for multiple car bombings across Bayh Domenici Lott the administration professes to be con- Baghdad, as well as the attack on the Bennett Dorgan Lugar cerned about, I would have expected Abu Ghraib prison last month which Biden Durbin Martinez Bingaman Ensign McCain the President to oppose it. Unfortu- wounded 44 U.S. troops and 13 detain- Bond Enzi McConnell nately, he chose not to do so. ees. Authorities also discovered he was Boxer Feingold Mikulski The best thing we could do for our se- planning the assassination of a top Brownback Feinstein Murkowski curity would be to enact comprehen- Bunning Frist Murray Iraqi Government official. Burns Graham Nelson (FL) sive and effective immigration reform The good news is he is now in custody Burr Grassley Nelson (NE) so we can gain control once again over where he can no longer wreak his Byrd Gregg Obama our borders and focus our limited re- havoc. Military sources tell us Cantwell Hagel Pryor sources on terrorists and criminals. Carper Harkin Reed Zubaydi’s capture has provided invalu- Chafee Hatch Reid Senator FRIST has indicated he is able insights into the Zarqawi wing of Chambliss Hutchison Roberts willing to set aside time for a separate the al-Qaida network. Clinton Inhofe Rockefeller debate about immigration later this This arrest, along with the capture of Coburn Inouye Salazar Cochran Isakson Santorum year, and I know he will follow through Ghassan Amin in late April and Abu Coleman Jeffords Sarbanes on that. That is what he said he would Farraj al-Libbi in Pakistan last week, Collins Johnson Schumer do. The Senate and the American peo- further tightens the noose. Indeed, we Conrad Kennedy Sessions ple deserve time to consider this issue intercepted a note by one of their col- Cornyn Kerry Shelby Corzine Kohl Smith and time to revisit many of this legis- leagues complaining of the group’s low Craig Kyl Snowe lation’s most problematic provisions. morale. Crapo Landrieu Specter

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.072 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4849 Stabenow Thomas Warner The PRESIDING OFFICER. Without economic health. The Department of Stevens Thune Wyden Sununu Vitter objection, it is so ordered. Transportation has estimated that for Talent Voinovich Mr. SHELBY. Mr. President, I rise every $1 billion in Federal highway and tonight to speak in support of the Fed- transit investment, 47,500 jobs are cre- The conference report was agreed to. eral Public Transportation Act of 2005. ated or sustained. Mr. COCHRAN. I move to reconsider We know it as the Transportation bill. The Transportation Equity Act for the vote. This bill was marked up in the com- the 21st Century, TEA–21, expired on Mr. LOTT. I move to lay that motion mittee on Banking, Housing, and September 30, 2003, and has tempo- on the table. Urban Affairs on March 17 and reported rarily been extended through May 31, The motion to lay on the table was out with a unanimous vote. 2005. The delay in providing a long- agreed to. I am proud of this legislation which term authorization has had a signifi- The PRESIDING OFFICER. The Sen- was crafted on a bipartisan basis with cant impact on State and local govern- ator from Mississippi is recognized. cooperation from the distinguished ments which have been unable to de- f Senator from Maryland, Mr. SARBANES, velop long-term programs for funding. CORRECTING THE ENROLLMENT the committee’s ranking member and Public transportation represents an OF H.R. 1268 former chairman. important part of the Nation’s trans- The Federal Public Transportation portation infrastructure, which by its Mr. COCHRAN. Mr. President, I ask Act of 2005 provides record growth for nature, requires long-term planning unanimous consent that the Senate public transportation. The funding au- and project development. Delays in now proceed to the consideration of S. thorized in this bill will provide for sig- funding have resulted in project delays Con. Res. 31, which was submitted ear- nificant improvements to and expan- which ultimately increase costs and lier today. sion of the Nation’s transportation in- postpone the benefits which projects The PRESIDING OFFICER. The frastructure. I am pleased to be work- are designed to produce. The impact is clerk will report. ing with my colleagues, Chairman particularly significant in States with The legislative clerk read as follows: INHOFE from the Environment and Pub- short construction seasons since plan- A concurrent resolution (S. Con. Res. 31) to lic Works Committee, and Chairman ning must be done well in advance of correct the enrollment of H.R. 1268. STEVENS from the Commerce, Science contracting for construction. There- There being no objection, the Senate and Transportation Committee. fore, the committee has responded and proceeded to consider the concurrent I want to thank my friends from the taken action to reauthorize the public resolution. Finance Committee, Senators GRASS- transportation title of TEA–21 in order Mr. COCHRAN. Mr. President, I ask LEY and BAUCUS, for working so dili- to continue the Federal Government’s unanimous consent that the concur- gently to identify additional money for critical role in public transit programs. rent resolution be agreed to and the public transportation. Thanks to their This bill accomplishes three impor- motion to reconsider be laid on the efforts the Banking Committee’s tran- tant policy goals. It creates funding table. sit title provides record growth for flexibility, increases accountability, The PRESIDING OFFICER. Without transportation, $53.8 billion overhis is and improves the performance and effi- objection, it is so ordered. an increase in the share of transit ciency of the transit programs in the The concurrent resolution (S. Con. funding over TEA–21 and I am con- United States. Res. 31) was agreed to, as follows: fident that this money will be helpful The bill creates several new formulas S. CON. RES. 31 in meeting surface transportation to better address growing transit Resolved by the Senate (the House of Rep- needs across the country. needs. A ‘‘rural low density’’ formula is resentatives concurring), That in the enroll- Public transportation services are created to allow for transit services in ment of H.R. 1268, an Act making emergency often the only form of transportation sparsely populated areas where em- supplemental appropriations for the fiscal available to many citizens. These serv- ployment centers and health care are year ending September 30, 2005, and for other ices provide mobility to the millions of great distances apart. A ‘‘growing purposes, the Clerk of the House of Rep- Americans who cannot, for various rea- states’’ formula is created to allow resentatives is hereby authorized and di- sons, use an automobile. More than 80 communities with populations pro- rected to correct section 502 of title V of di- vision B so that clause (ii) of section million Americans cannot drive or do jected to grow significantly in the 106(d)(2)(B) of the American Competitiveness not have access to a car. coming years to put in place needed in the Twenty-first Century Act of 2000 (Pub- Further, senior citizens are the fast- transportation infrastructure. A ‘‘tran- lic Law 106–313; 8 U.S.C. 1153 note), as amend- est growing segment of the U.S. popu- sit intensive cities’’ formula is created ed by such section 502, reads as follows: lation. Many of them require access to to address the needs of small commu- ‘‘(ii) MAXIMUM.—The total number of visas public transportation in order to main- nities where the level of transit service made available under paragraph (1) from un- tain their independence and to access exceeds what their population-based used visas from the fiscal years 2001 through vital healthcare services. formula would provide for. Finally, our 2004 may not exceed 50,000.’’. Today, the American public transpor- bill also creates a ‘‘high density’’ for- f tation industry consists of nearly 6,000 mula to provide additional funding for TRANSPORTATION EQUITY ACT: A transit systems in both urban and rural States with transit needs that are par- LEGACY FOR USERS—Resumed areas. These transportation agencies ticularly great because they have tran- operate a diverse array of vehicles, in- sit systems in extremely urban areas The PRESIDING OFFICER. The cluding subways, buses, light rail, com- with high utilization rates. clerk will report the pending business. muter railroads, ferries, vans, cable The bill increases the accountability The legislative clerk read as follows: cars, aerial tramways, and taxis. within the transit program. It rewards A bill (H.R. 3) to authorize funds for Fed- According to the Texas Transpor- transit agencies which deliver projects eral-aid highways, highway safety programs, tation Institute’s 2005 Urban Mobility that are on time, on budget, and pro- and transit programs, and for other purposes. Report, congestion costs over $63 bil- vide the benefits that they promised. Pending: lion, more than 3.7 billion hours of Further, this bill allows communities Inhofe amendment No. 605, to provide a delay and 2.3 billion gallons of excess to consider more cost-effective, flexible complete substitute. fuel annually. The average driver loses solutions to their transportation needs The PRESIDING OFFICER. The Sen- more than a week of work each year by opening up eligibility within the ator from Alabama. sitting in gridlock. The same report New Starts program to non-fixed guide- Mr. SARBANES. Will the Senator finds that without public transpor- way projects seeking less than $75 mil- yield? tation, there would be 1 billion more lion in New Starts funds. With this Mr. SHELBY. I yield to my colleague hours of delay. The report also finds change, other solutions can be fostered, from Maryland. that public transportation reduces the such as bus rapid transit, which is Mr. SARBANES. Mr. President, I ask cost of congestion by about $20 billion more flexible than rail at a fraction of unanimous consent that I be permitted per year. the cost. to follow the Senator from Alabama, Public transportation investments Finally, the bill seeks to improve the after he completes his statement. help create employment and sustain performance and efficiency of transit

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