Senate the Senate Met at 9:30 A.M

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

Vol. 152 WASHINGTON, WEDNESDAY, DECEMBER 6, 2006 No. 133 Senate The Senate met at 9:30 a.m. and was Let us pray: seek to know and to do right. Keep called to order by the Honorable CRAIG O God, the fountain of wisdom whose them from friendships and alliances THOMAS, a Senator from the State of will is good and gracious and whose law that lead them from You. As they Wyoming. is true, order the steps of our Senators. strive to be faithful, use their example May the words of their lips and the and influence to bless our land. Show PRAYER meditations of their hearts please You. them the right road and guide them by The Chaplain, Dr. Barry C. Black, of- Lift them above the claims of political Your might. fered the following prayer: expediency and make them fearless to We pray in Your holy Name. Amen.

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S11239

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A06DE6.000 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11240 CONGRESSIONAL RECORD — SENATE December 6, 2006 A bill (H.R. 6143) to amend title XXVI of gent health problem facing the coun- PLEDGE OF ALLEGIANCE the Public Health Service Act to revise and try, just behind cancer and heart dis- The Honorable CRAIG THOMAS led the extend the program for providing life-saving ease. Sixty-three percent say the Gov- Pledge of Allegiance, as follows: care for those with HIV/AIDS. ernment is spending too little at home There being no objection, the Senate I pledge allegiance to the Flag of the to fight HIV and AIDS. Six in ten be- United States of America, and to the Repub- proceeded to consider the bill. lieve more spending on prevention and Mr. KENNEDY. Mr. President, today lic for which it stands, one nation under God, testing will help slow the spread of this marks an important milestone in our indivisible, with liberty and justice for all. disease. ongoing national struggle with HIV f Four in ten say they know someone and AIDS. Twenty-five years ago, the with HIV. Eighty-one percent say dis- APPOINTMENT OF ACTING Centers for Disease Control and Pre- crimination against people living with vention issued its first warning about PRESIDENT PRO TEMPORE HIV or AIDS is a fact of life in America the disease we now know as AIDS. The PRESIDING OFFICER. The today. clerk will please read a communication Today, we approve the third extension We have far to go in educating people to the Senate from the President pro of the Ryan White CARE Act, the com- about the disease. Thirty-seven percent prehensive legislation first enacted in tempore (Mr. STEVENS). of Americans fear the spread of HIV 1990, for the prevention and treatment The assistant legislative clerk read through kissing, twenty-two percent of HIV and AIDS. as follows: by sharing a drinking glass, and six- In those early days, the Nation failed U.S. SENATE, on all levels to recognize the danger teen percent by touching a toilet seat, PRESIDENT PRO TEMPORE, posed by this disease. Its victims suf- none of which are true. Washington, DC, December 6, 2006. We have not finished the job we fered in silence and stigma. Shame- To the Senate: started 25 years ago. fully, those who had the power to help Under the provisions of rule I, paragraph 3, The Ryan White Care Act began as of the Standing Rules of the Senate, I hereby did nothing. Then, mid-eighties, a young boy’s an emergency response to the crisis in appoint the Honorable CRAIG THOMAS, a Sen- urban areas, but today it represents a ator from the State of Wyoming, to perform courage awakened the Nation to the the duties of the Chair. very real tragedy of AIDS. A disease national plan to provide care and sup- TED STEVENS, that had seemed distant was suddenly port for persons living with HIV and President pro tempore. threatening us all, and we could no AIDS anywhere in America—urban or Mr. THOMAS thereupon assumed the longer claim that it was someone else’s rural, coastal or inland. Chair as Acting President pro tempore. problem. We realized it was a virus This bill represents a working agreement among States, cities, commu- f that knows no color, religion, political affiliation, or income status. And I nity-based organizations, hospitals and RECOGNITION OF THE ACTING think Ryan White would be proud of health providers, and persons living MAJORITY LEADER the effort we are putting forth today with HIV and AIDS their families and advocates. The ACTING PRESIDENT pro tem- with this compromise we have worked It responds to an evolving epidemic pore. The Senator from Nevada is rec- hard on for the last few months. that continues to grow in the very cit- ognized. In 1987, Senator HATCH and I introduced bipartisan legislation calling for ies and States that have long borne the f a comprehensive national strategy of greatest burden of disease. It is expand- SCHEDULE education, prevention, and research to ing into regions of the country that halt the spread of AIDS. We called on have been historically less affected. Mr. ENSIGN. Mr. President, this government, the public health commu- With this bill, we take a major step morning the Senate will conduct a pe- nity, and the media to all do their part toward a more effective response. It riod of morning business until 11:30. A in order to prevent the AIDS epidemic preserves access to life-saving medica- number of Senators will be here to pay from continuing its rampage across tions, quality health care, and support tribute to our retiring colleagues. At America. services for persons living with HIV 11:30 we will proceed to executive ses- We were optimistic that we were and AIDS who have come to depend on sion to consider the nomination of poised to handle this challenge more publicly-funded systems. It extends Robert Gates to be our next Secretary effectively than at any previous point this system of quality care to persons of Defense. It is the majority leader’s in our history. We would not lose the with HIV and AIDS who have faced hope that we will have a vote on this battle, unless we failed to wage it with long waiting lists for medications and nomination later today. wisdom, reason, dignity, and common severe limits on their access to spe- The Senate will recess from 12:30 sense. cialty health care. It protects govern- until 2:15 to accommodate the weekly Yet the battle continues. We mourn mental and community-based institu- policy luncheons. the 500,000 Americans we have lost to tions charged with providing this care, Last night the majority leader filed the AIDS virus. Each victim is a all of whom face growing case loads cloture on the nomination of Andrew human tragedy—so much potential lost and the greater challenges of an evolv- von Eschenbach to be the FDA Com- before its time. But we take heart in ing population of persons with HIV/ missioner. Under the regular order, the fact that AIDS is no longer a death AIDS. It balances the needs of high- that vote will occur on Thursday morn- sentence. Through testing and treat- prevalence cities and States with those ing. ment, people are living long and full facing rapidly growing epidemics. It f lives with HIV. We are identifying vic- ensures those who have been relying on tims earlier in the progression of the their local system of care that it will RYAN WHITE HIV/AIDS TREAT- disease and keeping them healthier continue to be there for them. It reas- MENT MODERNIZATION ACT OF longer. sures persons seeking tests for HIV 2006 But we still have a long way to go. that comprehensive care and support Mr. ENSIGN. Mr. President, I ask Many who live with HIV and AIDS do will also be ready to serve them. And it unanimous consent that the Com- not have insurance to pay for costly authorizes the expenditure of $7 billion mittee on Health, Education, Labor treatments. As a result, heavy de- over the next 3 years to carry out this and Pensions be discharged from fur- mands are placed on community-based mission. ther consideration of H.R. 6143, and the organizations and State and local gov- This legislation is good for Massa- Senate proceed to its immediate con- ernments. For these citizens, the Ryan chusetts. sideration. White CARE Act continues to provide This bill recognizes the added burden The ACTING PRESIDENT pro tem- the only means to obtain the care and facing States like Massachusetts that pore. Without objection it is so or- treatment they need. It doesn’t matter have increasing numbers of people with dered. The clerk will report the bill by where they live. HIV and AIDS living in cities like Bos- title. Americans agree. Seventeen percent ton. It ensures sufficient resources to The legislative clerk read as follows: of our people name HIV as the most ur- maintain a HIV/AIDS service system

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.001 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11241 strained by a rising case load. It sta- edies we adopt will continue to come act on behalf of all Americans who are living bilizes funding to the State and sta- from the bright lights of science, not with this terrible disease. If Congress fails to bilizes funding to the city of Boston be- the dark fears of bigotry. This is an im- act before adjournment, many of our citizens cause a larger portion of their award portant day for people living with HIV will lose life saving medical care, drug treatment and the support services necessary for will be based on a predictable formula. and AIDS and for all Americans. We them to lead healthy, productive lives. The bill continues to provide signifi- must do more to provide care and sup- cant Federal support for the State port for those caught in the epidemic. This message has been quite clear for medication assistance program, less- This legislation will give us the time some time. We received this message ening the possibility of having to cre- and support we need to accomplish from the HIV/AIDS community, from ate cruel waiting lists for life-saving that goal. our constituents, and from the Presi- medications. It eliminates the uncer- Mr. HATCH. Mr. President, I am dent. tainty of an untried severity of need pleased that the Senate has been able Everyone has urged us here in the index. to come to an agreement and adopt Senate to work in the best interests of Both Massachusetts and Boston ben- H.R. 6143, the Ryan White HIV/AIDS the entire Nation and pass this reau- efit from having the State’s HIV cases Treatment Modernization Act of 2006. thorization, and I am pleased that we counted for the first time, for next 3 to With this agreement, we finally reau- have been able to do so. 4 years. This will allow my State of thorize the only Federal program that Mr. ENZI. Mr. President, today the Massachusetts to continue to focus on helps low-income individuals living Senate affirmed its commitment to en- providing quality care and support with HIV/AIDS. We tried to pass this suring access to quality care for all services to people living with HIV and critical legislation earlier this year, Americans living with HIV and AIDS AIDS. and even though this effort has enjoyed no matter their race, gender, or where At its best, America has the finest large bipartisan support in both Cham- they live. Today we finally have unani- HIV/AIDS care system—one we as a bers, just a few Members prevented its mous consent to pass H.R. 6143, the Nation should be proud to hold up as passage. Ryan White HIV/AIDS Treatment Mod- the gold standard of care throughout We worked to address their concerns ernization Act. the world. Our goal in this legislation in this compromise, and I am very glad Senator KENNEDY and I and our coun- is to make it also the fairest system of to see the success of that endeavor. I terparts in the House have worked for care—with equal access for all, high would like to thank HELP Committee nearly 2 years to address the concerns standards for quality, and guaranteed Chairman ENZI and Ranking Minority from every State and the hundreds of continuity of care. At last, access to Member KENNEDY, and others, for their stakeholders who participated in our all the benefits of medical science will tireless efforts throughout the reau- outreach efforts. We have reached no longer be the result of geography. thorization process. It has taken quite broad consensus that this is the right This bill is a product of effective ad- a long time to get here, and I commend policy at the right time. vocacy, creative thinking, a sense of everyone for their hard work. No one In the past few weeks, we have re- shared responsibility, and a common knows this more than Senator KEN- ceived letters of support from more commitment to getting it done. The NEDY, with whom I authored the origi- than 100 leading AIDS service organiza- Nation is fulfilling the promise of the nal Ryan White CARE Act back in 1990, tions calling for us to pass this legisla- original Care Act, first created in an and I am very proud that our work has tion now. era of limited treatment options and been able to help so many people. The Ryan White law must reflect the uncertain prognosis, to bring hope to This bill may not be perfect, but it principle that every American living persons living with the infection that will continue a vital program that with HIV/AIDS deserves access to qual- they may live healthy and productive needs to be continued. Importantly, it ity care, and this reauthorization is a lives. will help stabilize the distribution of step toward our goal of just and equi- It is also complex legislation, and all CARE Act funding in areas of the coun- table treatment under this law. Our ac- our committee staff, both Democrat try where the AIDS epidemic is largest tion today will ensure a more equitable and Republican, deserve great credit and also increase access to areas that program to provide not only AIDS pa- for working long nights and weekends have seen large numbers of new HIV in- tients but also HIV-positive Americans over the past several months. In par- fections. with the treatment they desperately ticular, I thank Keysha Brooks-Coley, Many of us in the Senate recently re- need. Lauren Brumsted, Ann Gavaghan, Lisa ceived a letter from 99 AIDS organiza- The HIV/AIDS epidemic of today af- German, Ann Grady, Elizabeth Hoff- tions that endorse this reauthoriza- fects more women, more minorities, man, Bruce Lesley, Tamar Magarik, tion. These are national and local orga- and more people in rural areas and the and Michael Woody. And I give special nizations that provide services to peo- South than ever before. While we have thanks to Shana Christrup of Senator ple living with HIV/AIDS—they are the made significant progress in under- Enzi’s staff for her diligence and desire ones out there actually working with standing and treating this disease, to make the world a better place for them, not sitting here in Washington, there is still much more we must do to people living with HIV and AIDS. just talking about it. They have been ensure equitable treatment for all This was a clear bipartisan effort, by involved throughout this entire reau- Americans living with this disease. the House and Senate, and I am grate- thorization process—they have seen all The epidemic is shifting, and our ful as well to staff from the House of the proposals and compromises—and Federal programs must shift to meet Representatives, including Melissa they support this legislation. this need and fight the epidemic where Bartlett of Congressman Barton’s staff I thank these individuals for their it is today and will be tomorrow, not and John Ford and William Garner of participation in and contribution to where it was 10 or 20 years ago. The Congressman Dingell’s staff. the lengthy reauthorization process be- legislation passed unanimously by the On my own staff, I especially com- cause the end product would not be ef- Senate today does just that. mend several who worked so long and fective without their input. An alarming 1.1 million Americans hard and well on this legislation—Alice I am especially thankful for the in- are living with HIV/AIDS today and Lam, Megan Gerson, Caya Lewis, Cody sight of Jennifer Brown, the State the face of the epidemic is rapidly Keenan, Ches Garrison, Daniel Dawes AIDS director in my home State of changing. The Kaiser Family Founda- and Michael Myers, and above all to Utah, who helped me throughout nego- tion has reported that while the num- Connie Garner, whose passion, counsel, tiations to understand the possible ef- ber of AIDS cases in the Nation rose by and commitment I value so highly on fects of changes in the program. 1 percent between 2000 and 2001, it rose this and many other issues. She never I would like to read a portion of the by 9 percent in the South and fell by 8 once let us forget what this debate is letter sent by the AIDS organizations, percent in the Northeast. truly about. which I think reiterates a very impor- Newly infected people are increas- My hope is that as we continue to tant message: ingly likely to be poor, have inad- improve the Ryan White CARE Act to It is time to put aside regional differences equate access to health care, and be meet the needs of this disease, the rem- and individual jurisdictional concerns, and members of a minority community.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.002 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11242 CONGRESSIONAL RECORD — SENATE December 6, 2006 For example, African Americans make so, we provide the right incentives for press my appreciation to all of you who up 19 percent of the South’s population providing lifesaving care as soon as have continually labored with us to but accounted for over 60 percent of possible. craft and pass this bill. new cases in 2003. In addition, the With that being said, I would like to As you can imagine, a process involv- growing number of rural Americans in- close by thanking my colleagues and ing Republicans and Democrats in the fected with HIV face already overbur- their staff both here in the Senate and House and the Senate over a year and dened rural health care systems that in the House for their hard work in a half involved many dedicated staffers have too few doctors, underdeveloped passing this critical legislation. I want and many late nights. I would like to support systems, and long travel dis- to thank all the members of the Senate specifically acknowledge Connie Gar- tances to care. Committee on Health, Education, ner and Alice Lam of Senator KEN- Rural States and States in the South Labor, and Pensions, especially my NEDY’s staff; Melissa Bartlett, Randy have a newer epidemic, with more HIV friend and ranking member Senator Pate, Ryan Long, and Katherine Mar- than AIDS cases, while urban areas KENNEDY. tin of Chairman BARTON’s staff; and with a longer history of the disease I also thank our good colleagues on John Ford, William Garner, and Jes- have a much higher percentage of AIDS the House Committee on Energy and sica McNiece of Congressman DIN- cases. Because of old formulas that Commerce, Chairman BARTON and Rep- GELL’s staff for their diligence and de- counted only AIDS cases, more than resentative DINGELL. termination as we worked together to 100,000 Americans with HIV went un- This bill is yet another example of craft this important and essential bill. counted, resulting in drastic funding the good work that can be done when Both the Republican and Democratic disparities across the Nation. This has we put politics aside and work together leadership in the Senate were incred- crippled the ability of health systems to improve the lives of Americans. I am ibly helpful in helping us reach the in rural and frontier States, like Wyo- proud of the accomplishments I have final compromise. I would like to ming, to confront this growing crisis. achieved with Senator KENNEDY in the thank Majority Leader FRIST and Eliz- Today, with the unanimous passage 109th Congress, and I hope the 110th abeth Hall of his staff and Minority of the compromise bill, the Senate has Congress is just as productive. Leader REID and Kate Leone of his staff begun to correct these inequities and I would like to offer special thanks to for their efforts. ensure that those traditionally over- my colleagues who assisted me on the Finally, there are a number of indi- looked by this program will receive the Senate floor in September when we viduals I would like to thank on my care and treatment they desperately previously tried to pass the bill. Sen- own staff for their dedication and de- need. The Ryan White program can ators HATCH, BURR, and SESSIONS were termination to pass these critical re- now begin to address the epidemic of all instrumental in getting us to this forms to the Ryan White CARE Act. today, not yesterday, and treat the full great victory today. I want to mention First and foremost, I would like to spectrum of this disease. their staff: Pattie DeLoatche and commend Shana Christrup for her lead- This legislation strengthens and Karen LaMontagne with Senator ership, tireless efforts, determination, modernizes the Ryan White program to HATCH, Liz Stillwell with Senator SES- and unlimited patience. Without her ensure that all Americans with HIV SIONS, and Jenny Ware with Senator knowledge of the policy and the proc- and AIDS are counted, that appro- BURR. ess, this lifesaving legislation would priate funding is provided to those on I would like to offer a special thank not have been possible. I would also the ground fighting this epidemic, and you to Senator COBURN and Roland like to thank Katherine McGuire, my that State and city care systems are Foster, Stephanie Carlton, and Katy staff director on the HELP Committee. protected so they can continue pro- French of his staff. Senator COBURN She keeps the trains running on time viding quality care to their residents helped educate our colleagues of the and keeps my team motivated to with HIV and AIDS. importance of getting this bill passed. search for solutions when solutions Senator KENNEDY and I are com- Vince Vintimiglia, Marty McGeein, seem to be exhausted. I also want to mitted to looking at the overall struc- Laura Ott, Maury Huguley, Deborah thank Stephen Northrup, my health ture of this program beginning next Parham, and Adelle Simmons of the policy director. He does a great job year. We both want to ensure that Department of Health and Human managing the health issues before the when this reauthorization expires at Services were crucial in guiding our ef- committee. I should also make special the end of 2009, we have a comprehen- forts to help craft reforms to the Ryan mention and thank Aaron Bishop for sive solution to the health disparities White programs. Megan Hauck at the his expertise and incredible outreach created by the current flawed formula White House was also instrumental in with the stakeholders. He sat through for allocating Ryan White funding. helping us move this legislation for- countless listening sessions with stake- This legislation is one step toward a ward. holders and staff to ensure their more just and equitable program, and I I would also like to thank Marcia thoughts and concerns were incor- look forward to continuing to strength- Crosse, Martha Kelly, and Suzanne porated in the legislation. Thank you en and improve this program in the fu- Worth of the Government Account- also to Michelle Dirst, Brittany Moore, ture. ability Office for their tireless efforts Keith Flanagan, Kori Forster, Todd In whatever policy we have on Ryan to analyze different proposals and their Spangler, Amy Shank, Ilyse Schuman, White, I will insist on key principles effect on distribution of funding across Greg Dean, Lesley Stewart, and Megan first, that the money follows the epi- the Nation. O’Neil. All these Team Enzi members demic so that our funding formulas can Through this entire process, Bill were instrumental in shepherding this be responsive to the needs of Ameri- Baird of Senate Legislative Counsel legislation through the process. cans affected by the epidemic today and Pete Goodlowe of House Legisla- In addition, I want to thank chief of and in the future. In addition, we need tive Counsel have drafted countless staff and anchorman, Flip to ensure that we capture the need of legislative proposals and compromises McConnaughey, for his steady hand an area better by going beyond simply and were invaluable in crafting the and helping us to stay the course. including HIV in the formulas and de- final language that reformed this pro- I urge the House to pass this final velop other mechanisms to better ac- gram. compromise this week to ensure justice count for the need on the ground. Kathie Hiers of the Southern AIDS and equitable treatment under the law Ryan White is a safety net program, Coalition and Bill McColl of AIDS Ac- for all Americans who struggle with and we need to better understand how tion have provided critical support the medical and financial burdens of much of that safety net is being sup- from the beginning of this process, HIV and AIDS. ported by local, State, and Federal dol- without which much of our progress Mr. ENSIGN. I ask unanimous con- lars. Finally, I want to be clear to my would not have been possible. In addi- sent the Enzi-Kennedy substitute at colleagues that any new funding for- tion, there were numerous other indi- the desk be agreed to, the bill as mula must ensure that we are pro- viduals and organizations who helped amended be read a third time and viding care across the spectrum of the us throughout the process. So as not to passed, and any statements relating to disease—from HIV to AIDS. In doing leave anyone out, I just want to ex- the measure be printed in the RECORD.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.023 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11243 The ACTING PRESIDENT pro tem- IMPROVING AMERICA’S My SMART grant legislation took pore. Without objection, it is so or- EDUCATION SYSTEM education reform to the university dered. Mr. FRIST. Mr. President, for 12 level, and without a doubt, among the (The amendment is printed in today’s years, I have served the people of Ten- education improvements I have sup- RECORD under ‘‘Text of Amendments.’’) nessee as a U.S. Senator. Before I ported over the years, SMART grants The amendment (No. 5212) was agreed joined this body, I spent 20 years prac- hold pride of place in my heart. to. ticing medicine—as a transplant sur- SMART grants are a new student aid The amendment was ordered to be geon. initiative that provide incentives for engrossed for a third reading and the But I spent even more time—nearly promoting math and science education bill to be read a third time. 30 years—getting the education nec- and consequently represent a dramatic The bill (H.R. 6143), as amended, was essary for me to pursue a career at the step toward ensuring America’s future read the third time and passed. cutting edge of transplant surgery. global economic competitiveness. Without that education, I couldn’t Let me put it in perspective: China f have pursued my dream of helping peo- and India generate scientists and engi- ACCEPTING AND DISPLAYING A ple. neers at a furious pace while America The fact is, education is an essential BUST OF SOJOURNER TRUTH lags dangerously behind. cornerstone in our society. Not just in We haven’t reached the crisis point Mr. ENSIGN. I ask unanimous con- the United State,s but around the yet. We still have the best research sent the Rules Committee be dis- world—across the global society. universities in the world. We take charged from further consideration of Not only does a sound education in- home the lion’s share of Nobel prizes in H.R. 4510, and that the Senate then crease the global competitiveness of the sciences. We lead the planet in proceed to its consideration. America’s workforce, but it also en- most high-tech fields. And we produce The ACTING PRESIDENT pro tem- ables each and every worker to pursue more top scientists and engineers per pore. Without objection, it is so or- the American dream, in his or her own capita than any country with an econ- dered. The clerk will report the bill by way. omy even close to our size. title. Here in America, we have a rich his- But for every one engineer we grad- The legislative clerk read as follows: tory of working hard. We set goals. We uate in America, China graduates eight A bill (H.R. 4510) to direct the Joint Com- visualize dreams. And then we dog- and India graduates four. mittee on the Library to accept the donation gedly pursue them, with stubborn per- SMART grants help America main- of a bust depicting Sojourner Truth and to severance. tain our competitive edge by providing display the bust in a suitable location in the But as hard as we work, unless we aid to Pell grant-eligible students who rotunda of the Capitol. possess the tools and the knowledge maintain a 3.0 GPA and major in math, and the ‘‘know how,’’ we are not opti- There being no objection, the Senate science, engineering, technology, or mizing our resources. That means it is proceeded to consider the bill. foreign languages critical to national our best interest to pursue the best Mr. ENSIGN. I ask unanimous con- security during their third and fourth education possible. It is in our best in- sent the bill be read a third time, years of college. terest to strengthen our education sys- passed, the motion to reconsider be These funds help incentivize more tem so we can better equip future gen- laid on the table, and any statements students to major in these time-inten- erations. be printed in the RECORD without inter- sive studies and they help America vening action or debate. That is why I have supported a number of measures that enhance Amer- produce the quality workforce nec- The ACTING PRESIDENT pro tem- essary to compete in today’s global pore. Without objection, it is so or- ica’s education system. Take the President’s No Child Left economy. dered. But there is still more Congress can The bill (H.R. 4510) was ordered to a Behind Act, which I proudly cospon- sored. It set high standards for schools do to strengthen our education system third reading, was read the third time, and further enhance our America’s and passed. around the country. It is a comprehensive overhaul of the Federal Elemen- competitiveness. f tary and Secondary Education Act Right now, we stand at a crossroads. based on 4 pillars: accountability and Unless we continue moving to improve MEASURE PLACED ON testing, flexibility and local control, our education system at all leve1s, we CALENDAR—S. 4080 funding for what works, and expanded could very well face economic stagna- Mr. ENSIGN. I understand that there parental options. tion and a loss of global scientific lead- is a bill at the desk that is due for a We laid the groundwork for No Child ership. second reading. Left Behind with ED-Flex, to give We can’t afford to let that happen. The ACTING PRESIDENT pro tem- States more flexibility in how they use f Federal education dollars. pore. The clerk will report the bill by MORNING BUSINESS title. More recently, we passed the first- The legislative clerk read as follows: ever comprehensive reform and im- The ACTING PRESIDENT pro tem- provement of the Individuals with Dis- pore. Under the previous order, there A bill (S. 4080) to amend title 17, United will now be a period for the transaction States Code, with respect to settlement abilities Education Act. agreements reached with respect to litiga- We crafted this strongly bipartisan of morning business until the hour of tion involving certain secondary trans- legislation with input from parents, 11:30 with Senators permitted to speak missions of superstations and network sta- educators, and disability groups—with therein for up to 10 minutes each. tions. the primary goal of ensuring disabled Mr. REED. Mr. President, I ask unan- Mr. ENSIGN. In order to place the students are achieving. imous consent at the conclusion of my bill on the calendar under the provi- Streamlining regulations, simpli- remarks the Senator from New Mexico, sions of rule XIV, I object to further fying and improving the integrity of Senator BINGAMAN, be recognized. proceeding. the conflict resolution process, reduc- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ing the paperwork burden for special pore. Without objection, it is so or- pore. Objection is heard. The bill will education teachers, improving existing dered. be placed on the calendar. discipline provisions while still ensur- f Mr. ENSIGN. I yield the floor. ing disabled children’s rights are protected—with every provision, we helped HONORING SENATORIAL SERVICE f principals, teachers, and parents better Mr. REED. Mr. President, this is an address the needs of disabled students. opportunity to recognize the service of RESERVATION OF LEADER TIME Enhancing and strengthening our Na- several of our colleagues who are de- The ACTING PRESIDENT pro tem- tion’s education system must occur at parting from the Senate. To Senator pore. Under the previous order, leader- every level—primary, secondary, and JEFFORDS, Senator FRIST, Senator ship time is reserved. beyond, in colleges and universities. DEWINE, Senator TALENT, Senator

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.002 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11244 CONGRESSIONAL RECORD — SENATE December 6, 2006 SANTORUM, Senator BURNS, and Sen- that the Treasury Department report He has also tried to preserve our ator ALLEN, let me express my appre- semiannually to Congress about inter- State of Rhode Island’s industrial, nat- ciation for their service to their States national economic and exchange rate ural, and cultural history, and he has and their service to the Nation and policies. I think this is the lever that done it persistently. Let me applaud wish them well. I particularly want to today is used to rally support, debate him for his dedicated service and wish comment, though, on three colleagues and attention to the issue of currency him and his family well in the days with whom I have had the privilege of exchange rate policies. ahead. working very closely. He has also, in his capacity as a lead- MARK DAYTON PAUL SARBANES er on the Banking and Urban Affairs Finally, let me say a word about my Committee, been active in promoting The first is my friend and my chair- colleague and friend, Senator MARK transit throughout the United States. man, ranking member, Senator PAUL DAYTON. He is retiring after 6 years in SARBANES of Maryland. He made sure that our transit systems the Senate. He began his public life PAUL has had an extraordinarily dis- are supported, and are able to provide much earlier, in 1990, as a public school tinguished career in the Senate, and he greater accessibility, environmental teacher in New York City, and benefits, while reducing the demand on has been the chairman of the Banking, throughout his work he has dedicated foreign oil. His insights into transit, Housing, and Urban Affairs Committee himself to help the people of Minnesota and his leadership, have benefitted ev- and the Joint Economic Committee, and the people of this great Nation. He eryone in the country, particularly the and in both of those capacities he has has placed himself on the front lines to 14 million Americans who rely on mass made profound and important impacts provide better health care for seniors on the banking system and the econ- transit every day. He has also been a champion for af- in Minnesota. He has worked closely on omy of the United States. Housing and the Low-Income Home Energy Assist- urban affairs have also been improved fordable housing. He has been the author of the Home Investment Partner- ance Program, LIHEAP. He has a good dramatically by the efforts of PAUL ships Program, known as HOME. Dur- head and a great heart and he served SARBANES. with distinction. I wish him well as he When it comes to understanding coming the past 16 years it provided funding to our States and localities to im- leaves the Senate. plex financial matters there is no one To all my colleagues who served and more gifted and more knowledgeable prove affordable housing. He was one of the key legislators who offered the conclude their service, let me once than PAUL SARBANES. He has an ex- again express deep appreciation for traordinary record of legislative Market-to-Market Program, which pre- served so much of our affordable hous- their friendship and for their service to achievements. The Sarbanes-Oxley Act the Nation. of 2002 stands as a testimony both to ing, making sure low-income people have a chance to live in decent and af- I yield the floor. his skill as a thoughtful observer of the The ACTING PRESIDENT pro tem- financial scene and as a legislator. It fordable environments. He has had the able assistance of pore. The Senator from New Mexico. represented major reforms in corporate Steve Harris, Marty Gruenberg, Pat Mr. BINGAMAN. Mr. President, I ask governance at a time when confidence Mulloy, Johnathan Miller, Dean unanimous consent that following my in our markets was waning dramati- Shahinian, Sarah Kline, Aaron Klein, remarks, unless a Republican Senator cally after the implosions of Enron and Lee Price, Patience Singleton, Jen appears wishing to speak, that Senator WorldCom. Through PAUL’s efforts, Fogel-Bublick, Steve Kroll, and Lynsey STABENOW of Michigan be allowed to confidence was reestablished in a sys- Graham. follow. tem of corporate governance which I I want to express my best wishes to The ACTING PRESIDENT pro tem- think will stand the test of time. PAUL, to his wife Christine, and their pore. Without objection, it is so or- In addition, in 1999 he was instru- family. His son, John, is now the new dered. mental in the Financial Modernization Representative for the United States f Act, also known as Gramm-Leach-Bli- House in the Third District of Mary- MEDICARE ley, and was particularly concerned land, so the Sarbanes tradition carries that the Community Reinvestment Act on. Mr. BINGAMAN. Mr. President, I aspects of the legislation be main- Let me conclude by saying there is a want to speak briefly about two issues, tained because he was always com- word in Greek for integrity and intel- legislative issues, that still require at- mitted to serving people and giving ligence, and that word is Sarbanes. tention before this Congress adjourns. them opportunities. He understood PAUL, good luck. The first is related to Medicare cuts. that the franchise to operate a finan- LINCOLN CHAFEE Effective January 1, Medicare reim- cial institution with Federal Deposit Let me also recognize my colleague bursement to health care providers is Insurance required a concomitant com- from Rhode Island, Senator LINCOLN scheduled to be cut by 5 percent. I be- mitment to serve the community, and CHAFEE. Senator CHAFEE is an indi- lieve it is imperative that Congress PAUL SARBANES has done a remarkable vidual both with character and sincere step in and prevent that cut from oc- job of maintaining that commitment devotion to our State and Nation, an curring. Failure to do so will lessen ac- to all the communities of America, honest, decent man who is always recess to quality health care for many in particularly those that need an oppor- spectful, thoughtful, and fair-minded. this country. tunity, need a chance to move forward. He is someone with whom we are all The sustainable growth rate, the As chairman of the Joint Economic proud to have served. He is someone in SGR, as it is referred to here in Wash- Committee in the late 1980s, he was a this House respected for his integrity ington more commonly, was imple- thoughtful and careful analyst, some- and for his determination. mented in 1998 as a means to annually one who I think led the way analyt- He came to the Senate upon the pass- adjust Medicare’s physician fees in line ically to the changes in the 1990s that ing of his father, Senator John H. with a set of spending targets. Until returned us to a balanced budget and a Chafee, and picked up that tradition of 2002, the total physician spending was robust economy. PAUL SARBANES in service from his father. He was a great below the set targets, so physicians re- many respects, through his work on model to emulate, and Senator LINCOLN ceived an annual increase in their fees. the Joint Economic Committee, was CHAFEE has done that. Like his father, However, starting in 2002, the trend the architect of those efforts in the he has concerned himself with issues of was reversed. Spending on physician 1990s. the environment through service on services began to exceed the target. He has long had a concern about our the Environment and Public Works The result was a 4.8 percent reduction role internationally in economic af- Committee. He sought to improve our in physician fees in 2002 and the real- fairs. He was one of the first Members Nation’s water and air quality stand- ization that the SGR, or this sustain- to raise concerns about Chinese cur- ards. His pivotal work to provide for able growth rate formula, was flawed. rency and its impact on our trade, our the cleanup and redevelopment of This was the beginning of what has productivity, and our manufacturing brownfields is a commitment and ac- become a yearly game of base. In the Omnibus Trade and Com- complishment that I think will be rec- brinksmanship, and we are in that petitiveness Act of 1988, he mandated ognized for many years to come. game of brinksmanship again today

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.003 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11245 with Medicare threatening to enact the long term, we need to find solutions to the fiscal year and the amount that cuts deemed appropriate by the SGR continue to provide quality care to has been provided to them in emer- formula and Congress averting the fee Medicare beneficiaries as well as fair gency supplemental appropriations. cuts one year after another. payment to physicians for their work. This year, they also spent $500 million As of January 1 of next year, physi- That is not going to be easy. from what is called the emergency cian fees will be cut by 5 percent. In Frankly, we are going to have to wildfire reserve account and an addi- my view, this is causing understand- rethink this whole SGR system we tional $110 million which they had to able concern in the medical commu- adopted nearly a decade ago, and we borrow from other accounts. Congress nity. I hear on a daily basis from physi- are going to have to find ways to have has not repaid any of that money as of cians, both within and without my a fair formula that provides a fair level yet. There is $610 million that has not State of New Mexico, that these cuts of compensation. In my opinion, this is been repaid to this wildfire reserve ac- will adversely affect patient care and a priority. It is something that has count and to the other accounts from access. I have no reason to doubt that been the subject of intense negotia- which the Forest Service has had to statement. The Albuquerque Journal in tions between House and Senate Mem- borrow. my home State of New Mexico reports bers in the last few days. I understand Those agencies, particularly the For- that the proposed cuts will cost New that. I hope reason will prevail and est Service, have been left short. They Mexico doctors $12 million in 2007 that we can come out with a solution are financially unprepared for even an alone. Presbyterian Health Plan presi- that makes sense for seniors in this average wildfire year in 2007. As we dent David Scrase believes the cuts country and for those who depend upon begin to look forward into next year, will result in closer to $32 million in the Medicare system for their health we are faced with a very severe prob- cuts. care. lem. In addition to the proposed 2007 I believe this chart which was just Finding long-term solutions to con- appropriations, the agencies will need put up here makes the point I am try- tinue to provide quality care to Medi- about $835 million if they are to maining to make very well. It is labeled care beneficiaries as well as fair pay- tain recent levels of financial prepared- ‘‘Crisis in Medicare Physician Pay- ment to physicians for their work will ness. If the continuing resolution goes ments.’’ The black line, which is going require effort and collaboration be- into effect, as we are advised it is like- up, as everyone can see, is the increase tween lawmakers and the medical com- ly to, the numbers are likely to get we have seen in the cost of medical munity. Earlier this year I introduced even worse. practice in the last 5 years. We can see legislation that I believe is part of the I filed an amendment to the Agri- very clearly that continues. It is a resolution. Because part of the payment culture appropriations bill to begin to lentless increase. The red line is physi- that Medicare makes to physicians is address the problem by providing $360 cian payment updates under Medicare. based upon geographic location, physi- million in emergency wildfire suppres- We can see those have been declining cians in rural parts of the country are sion funding for the Departments of and are scheduled for a substantial de- paid less than those in more urban Agriculture and Interior. That amend- cline in 2007 again. areas. This known as the geographic ment was sponsored by many of my What I am trying to say is Congress practice cost indices, or GPCIs. Con- colleagues on both sides of the aisle. needs to step in and at least keep this gress determined that such extensive Senator BURNS filed a similar amend- line flat, at least hold physicians harm- geographic disparities were unfair and, ment to the Military Construction bill. less in this 5 percent cut. I hope we are as part of the Medicare Modernization But it is apparent that neither of those able to do even more than that. In my Act of 2003, language from one of my bills will get to the President for signa- view, these reductions will result in ac- bills was included that brought all geo- ture this year. cess problems for Medicare patients graphic areas up to the national aver- We have an enormous need for wild- across the Nation. Cuts such as these, age for the calculation of this piece of fire suppression funding and no clear along with the yearly uncertainty of the Medicare physician payment for- way to address it. I urge my colleagues whether the reduction will be imple- mula. This year I introduced legisla- to find a way to address it before we mented, make long-term planning for tion to extend this law. We should ex- leave at the end of this week. Pro- small to medium physician practices tend this law before Congress adjourns viding some additional funds to these almost impossible. and, at the very least prevent the cuts agencies for this purpose is essential. I In addition to the financial stresses that are set to occur at the end of the believe it will be unfortunate if this of potential decreases in Medicare pay- year. Congress adjourns leaving those agen- ments, physicians are being asked to To do less is to fail in our responsi- cies in the financial straits which they adopt expensive health information bility to the million of Americans who are in. I know there are many agencies technologies to improve the quality of depend on Medicare. across the Federal Government which medical care. This is a lot to expect f are going to encounter great difficulty from even large health systems, much in carrying on these activities if we less smaller physician groups. EMERGENCY WILDFIRE adopt a continuing resolution, as is If the Medicare cuts go into effect— SUPPRESSION FUNDING being proposed, but this particular area and all expert advice I have received Mr. BINGAMAN. Mr. President, I of wildfire suppression funding is one leads me to believe they will—there would like to speak about the problem that deserves particular attention. will be access problems encountered by of funding for wildfire suppression. The ACTING PRESIDENT pro tem- Medicare beneficiaries. But what may This is an issue that particularly af- pore. The Senator from Michigan is be even equally problematic are the fects us in the West. We have a looming recognized. other measures physicians will be train wreck with regard to emergency f forced to take to compensate for this wildfire suppression funding. cut. I am talking about the reduction This year, wildfires burned a record PHYSICIAN PAYMENTS of staff, forgoing health insurance for of more than 9.5 million acres, most of Ms. STABENOW. Mr. President, I their employees, and delaying imple- that in the West. The wildfires are still rise to speak, as my colleague from mentation of new technologies. All of burning out of control in southern New Mexico has spoken so eloquently, these are substantial new burdens we California, where five more houses about a very serious issue we have to are putting on physicians operating burned this weekend. address before we leave for the year. their medical practices throughout our Federal wildfire-fighting expendi- Once again, I rise to speak about the country. tures also set a record at nearly $2 bil- urgency of providing our Nation’s phy- Where does this leave us? I believe we lion in fiscal year 2006. That was more sicians with the resources they need to need to act both in the short term and than twice what was appropriated for provide high-quality Medicare services in the long term. Congress needs to that fiscal year. When the cost of sup- to our seniors and people with disabil- take immediate action to halt the pressing wildfires exceeds what has ities. As my colleague indicated, this is scheduled 5 percent cut. I hope this can been appropriated, the agencies spend something of the utmost importance occur before this week is over. Over the what they have been appropriated for that needs to be addressed now. There

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.009 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11246 CONGRESSIONAL RECORD — SENATE December 6, 2006 is no reason we cannot address this be- number of Medicare patients they can problem, we know the solution. The fore we leave. accept. will should be there. Eighty out of 100 On September 21, I asked unanimous Fifty percent of doctors will defer Senators have said this needs to get consent for the Senate to approve S. purchase of health information tech- done. I joined these 79 other Senators 1574, legislation that would provide for nology, which is another critical issue in sending a letter in July to our lead- a 2-percent update to physicians as rec- that I am pleased to be working on ers. Senator REID has positively re- ommended by the Medicare Payment with colleagues on the other side of the sponded. I thank him for that. Advisory Commission, MedPAC. This aisle. We have a bipartisan consensus We have less than 3 days to get this particular bill was introduced by my that we need to move forward on done. My colleagues working on this colleague Senator CANTWELL, and I health information technology to save need to know we want to get this done, thank her for her leadership on this both money and lives. Yet we can’t say get this done in the right way, and that important issue. My Republican col- to physicians: We are cutting the in- we will not leave until it is completed. leagues objected to this request, and so come coming in, we are cutting your We know if we do not provide some nothing has happened in the last 75 payments for serving people, and by kind of modest update to Medicare days. We are running up to the end of the way, we want you to spend money physicians payments, our seniors and the year, and yet nothing has hap- on new hardware and software and people with disabilities will lose access pened. Nothing has happened to ensure training people for a system that is to their doctors. That is what this is that physicians will receive a modest critically important for the Federal all about. Shame on us if this happens. update to their Medicare payments. Government to save money. That I am very proud of the work that Nothing has happened to ensure seniors doesn’t make any sense, and that is not over 20,000 MDs and DOs in Michigan and people with disabilities will have going to happen. each day provide 1.4 million seniors access to their doctors. We also know that 37 percent of doc- and people with disabilities in Michi- Senator CANTWELL and I each intro- tors practicing in rural communities— gan high quality medical services duced legislation over a year ago to and Michigan has many rural commu- under the Medicare Program. I want override the sustainable growth rate nities—will be forced to discontinue them to be able to continue to do that. formula for Medicare physician pay- rural outreach services. This is unfor- There is no way they can if, while their ments—in other words, a formula that tunate for the people of Michigan as costs are going up, their time with pa- has been putting us on this road to a well as around the country. And 43 per- tients goes up because of the complex- 5.1-percent cut come January. We knew cent of physicians will decrease the ities of dealing with many older citi- then that the formula was wrong. It is number of TRICARE patients they zens and people with disabilities, yet at not sustainable. It doesn’t work. It serve. the same time their reimbursements needs to be fixed. We are talking about people in the for those services are going down. We have known this day was coming. military and their families. This Beginning January 1, the average cut We know physician payments will be doesn’t have to happen, if we can act for a physician in Michigan would be cut by over 5 percent on January 1— and act quickly. $34,000 per year. How can we ask them just a few weeks from now—if Congress Further, MedPAC considers the Medi- to increase their level of care to sup- doesn’t act. We know Congress has care SGR formula to be flawed. It is an port and expand what they are doing as only a few short days to complete the inequitable mechanism for controlling more and more people enter the Medi- business for the year. We know what the volume of services. They rec- care Program while we are making we need to do to solve the problem. ommended repeal of it in 2001 because those cuts every year? It is not sustain- While the clock is ticking down, we it is not working. It is not working able. It does not make any sense that have time to address this issue. It is mostly for patients, and it is not work- at a time when medical costs are going critical that we not leave here without ing for physicians. Since that time in up, the payments and reimbursements are going down. addressing this for our seniors, for our 2001, they have consistently rec- I have had many opportunities to families, for people with disabilities, ommended repealing the formula. hear from physicians in Michigan. Let and for the physicians of this country MedPAC has stated that the cuts will me mention a couple of them. I will who are caring for those individuals. be particularly devastating for primary read a letter I received from Dr. Gela People say we are out of time. Some care doctors—the very doctors many Pala, geriatrician and resident of Oak- people buy Christmas presents on the Medicare beneficiaries rely on for im- land County, MI. She puts the prob- afternoon of December 24, but there are portant health care management. lems in words that make the situation people who run right up to the dead- This doesn’t have to happen. We have we face very clear. line. There are people who mail their the power to make sure it doesn’t. tax returns right before midnight on While the problem is clear, fortunately As a resident of Oakland County, Michigan and practicing geriatrician I believe cutting April 15. We are in one of those situa- so is the solution. further Medicare physician reimbursement tions. We have to decide to get this MedPAC is an independent Federal will be a mistake. done because the deadline is here. We body established by Congress in 1997 to Most of my patients are above 70 years old are running right up to the deadline. advise us on issues affecting the Medi- and they come to the office with a list of 10 But we have to make this a priority be- care Program. In addition to advising to 20 medications and 10 or more diagnoses. fore we leave. I know colleagues are Congress on payments to providers, I routinely spend 1 hour or more with a pa- working on both sides of the aisle as MedPAC is also tasked with analyzing tient and family to discuss options of care, access to care and quality of care. In realistic goals/expectations and coordinate well as in the House to find a solution. care. It is critical that something be done, carrying out their charge, MedPAC has As medicine is becoming more and more that it be fair, that it moves us in the recommended a 2-percent physician complex I anticipate we, patients and doc- right direction, not the wrong direc- payment update to keep them moving tors, will need to increase the time we spend tion. It is not going to take long to get forward for next year. The change is together. this done if people want to get it done. one that I have advocated, and in fact I doubt an 80 year old cognitively impaired In less than 1 month, payments to 79 of my colleagues have joined me in grandmother will need less medical attention in the future. I doubt that she will be physicians will be cut by 5 percent. seeking and directly tracking able to navigate the complexities of the med- Under current law, while costs con- MedPAC’s recommendations. In fact, 80 ical system alone or with help from bro- tinue to increase, physicians will actu- Senators have said that physicians chures, computers, etc. ally be paid less than they are paid must be provided with a positive Medi- I can see my patient getting lost in the today. As I mentioned in September, care payment update for 2007 before we shuffle of ‘‘cost effective’’ medicine. we know from the recent survey con- adjourn. I can see the doctors ordering more tests ducted by the AMA that if the sched- Eighty Members have signed a letter because nobody had the time to discuss the prognosis. I can see my patient going from uled cuts go into effect, 45 percent of to the two leaders of the Senate. Sen- one office to another trying to understand doctors will decrease the number of ator REID has indicated his full support what is wrong, how to fix things and how to Medicare patients they accept. Almost in moving forward with this. Eighty differentiate between what is fixable and half of physicians will decrease the Members have said yes, we know the what is not.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.010 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11247 Cutting physician reimbursement will not law rather than make it up as they go plains a lot about his enthusiasm and make our nation stronger, healthier or safer. along. His hand was in the Medicare vigor for the things he believes in most I believe that less physician time will prescription drug benefit which bene- strongly. mean less health and more healthcare cost. Please take action to prevent further dete- fits millions of seniors. We would not PAUL SARBANES rioration of the medical care for the elderly. have had the $15 billion for HIV/AIDS Or PAUL SARBANES, who was in the in Africa had it not been for BILL I couldn’t agree more. same Rhodes Scholar class with Sen- FRIST. I have heard from so many people re- ator DICK LUGAR. In Tennessee, we have had a sales tax garding this issue. I will read one more JIM TALENT deduction against our Federal income statement, from Dr. Thomas Watkins, Or JIM TALENT, who was the out- tax and a new governing board for the a DO and family practice physician in standing political science student at Tennessee Valley Authority, neither of Muskegon, MI: Washington University in St. Louis which would have been accomplished It will be a travesty for many seniors if when he was there. No one would be were it not for BILL FRIST. When Lyn- doctors stop accepting Medicare due to fund surprised to learn that. don Johnson was majority leader, he cutting. With our expenses going up 5–10 per- LINCOLN CHAFEE often said, having Lyndon Johnson as cent annually and Medicare cutting 5 per- Or Senator LINC CHAFEE, also retir- majority leader is good for the country cent next year it will be very difficult for ing, was a wrestler in college. He spent many of my colleagues and myself to con- and hasn’t hurt Texas one bit. I would several years in the United States and tinue to practice medicine for Medicare re- say, having BILL FRIST as majority Canada as a professional blacksmith cipients. Please at least vote to freeze the fee leader has been good for the country before he got into politics. schedule to allow access for all seniors to the and it hasn’t hurt Tennessee one bit. physician of their choice, just as you have He has been the perfect colleague. MARK DAYTON that privilege. His ego has been completely under con- Or MARK DAYTON, whose interest in I simply ask that we act now. We trol in a body where that is rare and the environment in Minnesota has been have no more time to wait. People are difficult. And one thing is certain: so exceptional. counting on us. Anyone who knows BILL FRIST won’t JIM JEFFORDS The PRESIDING OFFICER (Mr. underestimate him again. History has Or JIM JEFFORDS, a former Navy cap- VITTER). The Senator from Tennessee proven that is a dangerous thing to do. tain, who has had so much to do with is recognized. I don’t know very many people who offering legislation for clean air and Mr. ALEXANDER. I ask unanimous have ever been in public life who have children with disabilities. consent to speak as in morning busi- as many interesting and important and When the most recent class of Sen- ness for up to 10 minutes. viable options open to him as he does ators was sworn into office nearly 2 The PRESIDING OFFICER. Without as he looks forward to the next step in years ago, in the gallery were three objection, it is so ordered. his contributions to public service. women. One was the grandmother of f One of the joys of being a Senator is BARACK OBAMA. She was from Kenya. HONORING SENATORIAL SERVICE simply the privilege of serving with One was the mother of Senator other Senators. Each one of the Sen- SALAZAR, a 10th generation American. Mr. ALEXANDER. Mr. President, we ators has something remarkable and One was the mother of MEL MARTINEZ, are coming to the end of the session special. For example, Senator FRIST the new Republican National Com- and 10 of our colleagues are retiring. I was president of the skydiving club at mittee chairman, who, with her hus- want to say a word about them, espe- Princeton when he was there. He band, put her son on an airplane when cially one of them, my colleague, Sen- spends vacations in Sudan, doing sur- he was 14 years old and sent him from ator BILL FRIST, from Tennessee. gery on poor people. He once got up at Cuba to the United States, not know- BILL FRIST 4 in the morning and went to the Na- ing if she would ever see him again. I can still remember when BILL FRIST tional Zoo to operate on the heart of a In a way, each one of us who is here came to my office in Nashville in 1994 gorilla—which I guess is a pretty good is an accident. None of us knew we and said he wanted to run for the Sen- way of preparing for coming to the would be here. Each of us is privileged ate. I didn’t know what to think. BILL Senate floor and dealing with what he to serve, and one of the greatest privi- FRIST lived in the neighborhood where has to deal with here. He is not the leges is to serve with our colleagues. I lived in Nashville, but I didn’t know only one who is a very special Senator. We will miss them and we are grateful him very well. Our ages are a little bit CONRAD BURNS for their service. different and he had been away while I My friend, CONRAD BURNS, who is re- I yield the floor. was Governor of Tennessee, practicing tiring, was a marine, an auctioneer, The PRESIDING OFFICER. The Sen- medicine and honing his skills. had his own radio program and TV pro- ator from Virginia is recognized. What I did know about him was that gram in Montana. He would sometimes f he was extraordinary. He was one of pick up hitchhikers on his way in to the pioneers in our country of heart REFLECTIONS ON SENATE work in the Senate—a pretty good sur- and lung transplants. He performed the SERVICE prise for a Government employee to be first one in Tennessee, the first one in Mr. ALLEN. Mr. President, as the picked up by a U.S. Senator. the Southeast. When he decided to run time for my departure from the Senate for the Senate, only a handful of physi- MIKE DEWINE draws near, on behalf of the greatest cians in the world had made as many Or MIKE DEWINE, with his eight chil- blessing in my life, my wife Susan, and dren and ninth grandchild, whose heart heart transplants as Dr. BILL FRIST. on behalf of myself, I thank all of my He had almost no chance of being is nearly as big as he is. He lost a child, colleagues for their many courtesies elected to the Senate in 1994. However, and he and Fran have gone to Haiti and friendships that have been forged he was elected. He had almost no time after time after time to help peo- during the past 6 years and offer a few chance, after having been elected, to ple there who need help. concluding reflections about our time help the Republicans gain the majority GEORGE ALLEN here together, as well as talk about the in 2002, but he did that. No one ex- Or GEORGE ALLEN. I remember viv- future of our Republic. pected him to be the majority leader of idly the first time I met him, I cam- Our foremost statesman in Virginia, the Senate, but he has been and he has paigned for him in Virginia. He was 40 Harry Byrd, Jr., observed that with the done it very well. points behind. I went back to Ten- exception of the Presidencies of Abra- As we look at the record of the ac- nessee and I said, I believe he will win, ham Lincoln and Franklin Roosevelt, complishments over the last 4 years, he is such a good candidate. We haven’t no time in the history of our country Senator FRIST can take credit for his heard the last of him in public life. has witnessed more problems and chal- leadership in creating an environment RICK SANTORUM lenges of great magnitude than these where we have had tax cuts that have Or RICK SANTORUM, Karen, and their past 6 years. benefited Americans, where we have six children whom they home school, When I arrived here in January of confirmed judges who will interpret the and his Italian heritage—which ex- 2001, America was at peace, or so it

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.004 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11248 CONGRESSIONAL RECORD — SENATE December 6, 2006 seemed, and so we thought. And then working with my colleague across the I urge my colleagues to treat nomi- on that bright blue sky morning of aisle, Senator WYDEN, or whether it nees, judicial nominees and others, September 11, the skies suddenly dark- was increasing the paltry death gra- fairly, according them the fairness of ened with clouds of smoke from the tuity that went to the next of kin of an up-or-down vote. It is part of rep- Pentagon and the horrific collapse of one of our fallen Armed Forces mem- resentative democracy. And let’s have the World Trade Center towers in New bers, increasing it from $12,000 to John Bolton be the last casualty of the York City, and our world changed for- $100,000, from a grateful nation, these unfortunate partisan obstructionism. If ever. are good successes, reflecting the val- you want to vote against a nominee, A cascade of other great challenges ues and virtues of our country. vote against him, but have the Senate soon followed in rapid succession, I am particularly grateful to our vote, and treat people with consider- issues foreign and domestic, challenges State’s senior Senator, JOHN WARNER, ation; but vote. That is what the Con- locally and nationally, threats man- who at each step of the way has been stitution instructs us to do. made and disasters decreed by nature. by my side as a partner and even more Now, our third mission for Virginia Through all of these unprecedented as a gracious mentor, wise counsel, and, in fact, our whole country is to storms, it was our responsibility to once in a while an encourager of var- make sure America is a land of oppor- make careful decisions for the safety, ious ideas, and once in a while, occa- tunity for all, a place where every security, and prosperity of the people sionally, a corrector, but, most of all, American is only limited by their of our country. I am particularly grate- an unwavering friend. He is the epit- imagination, hard work, and ingenuity. ful to the people of the Commonwealth ome of the Virginia gentleman, and the Looking ahead, we need to recharge of Virginia for the opportunity to serve model of an honest, hard-working Sen- our competitiveness by making sure here, to give voice to their values, and ator. I will leave here enriched im- taxes are not increased on families and fight for the future of this country, our measurably by this latest and best small business owners. We need to keep commonwealth, while serving in this, chapter of our partnership of several taxes off of access to the Internet. We the world’s most distinguished body. decades. need to create a climate where the en- We all understand and respect the Now, next month, I will no longer trepreneurial spirit can flourish. We will of the people, whom I call the own- have the privilege of serving with Sen- need to also achieve energy independ- ers of the Government. They are the ator WARNER and many of my col- ence from the Middle East and other leaders of our representative democ- leagues here in the Senate, but I pledge hostile parts of the world, and foreign racy who bring us here and who may, to keep working and advancing and ad- energy. This is not just an economic at some point, take us away. vocating ideals and values and shared necessity, this is also a national secu- principles that I think are important I have been honored by the people of rity imperative. Virginia, first as Governor and now as missions for the future of Virginia and We need more of our energy explored a Senator, to be a part of important our country. here in America, produced and grown There are three key missions that I initiatives that have borne fruit for the in America, so hundreds of billions of think are important for our country’s people of our Commonwealth and our energy dollars stay here in America for future. First is to protect our freedom, country. American jobs, American competitive- and that starts with making sure our As Governor, we worked across party ness, and American national security, great men and women in our Armed lines to accomplish honest change that rather than having to worry about the Forces have the equipment, the train- Virginians desired and deserved. We whims of some dictator in a hostile abolished the lenient, dishonest parole ing, and the armaments for their safety. We need to support their families as part of the world. system in Virginia, cracked down on Finally, we need to strive to make well. We need to work with other coun- violent criminals, and there are fewer sure that the United States is the tries and allies in coordinated efforts victims of crime in Virginia. We re- world capital of innovation. To achieve to adapt and adjust our tactics, our op- formed the welfare laws by promoting this goal, we need more young people, erations, and our strategies to face the the work ethic, and now there are tens no matter their gender, no matter evolving threat of these vile, radical of thousands of Virginians who are their race, no matter their ethnicity, terrorist organizations and threats. leading more independent, self-reliant Our second mission is to preserve our interested in science, technology, and lives. In education, we established high values, and that starts with making engineering. If we are going to be the academic standards and accountability sure that nominated and confirmed are world capital of innovation, that needs in our schools, and our students are judges who understand their role is to to be done with investment, encourage- learning better, and we invested in apply the law, not invent the law, not ment, motivation, incentives, and even higher education throughout the Com- legislate from the bench. scholarships to make sure young peo- monwealth of Virginia. My very first speech as a Senator on ple are encouraged to get into these We sent a message to the world that the floor was asking my colleagues to key fields of the future of our country, Virginia was open for business, and cut treat the nomination—first, asking the which must be the world capital of in- taxes, and implemented prompter per- President to renominate Roger Greg- novation. mitting in the Commonwealth, and ory, and then asking my colleagues So, my friends, as I prepare to take were able to recruit in technology com- here on the floor, in my first speech, to leave, I am humbled and I am grateful panies. In fact, the No. 1 manufactured treat Roger Gregory fairly, consider for the tremendous honor and privilege export from Virginia now is computer him fairly. I asked my colleagues to that has been accorded to me by the memory chips, surpassing cigarettes. rise above partisanship and rise above good people of the Commonwealth of That is a great transformation from the worshiping of process, to treat this Virginia. I leave here with many new the Old Dominion to the ‘‘Silicon Do- gentleman fairly. and enduring friendships, with valuable minion.’’ The President renominated him, and lessons learned, with an unrestrained When I came to the Senate, my goal my colleagues did treat Roger Gregory optimism about the potential of Amer- was to use this perspective and these fairly, and accorded him a vote, and ica, about our Nation’s future, and experiences to continue and build on now he is serving with great distinc- with pride in our accomplishments to- this work. I have been able to do that, tion on the Fourth Circuit Court of Ap- gether. and I am grateful to so many of my peals as the first African American My friends, do not let these chal- colleagues for working in partnership serving on that distinguished court. lenging times along our national jour- with me on so many issues that are vi- Now through the years, we have seen ney divert your focus from what truly tally important for the lives, safety, obstruction of judges, which I thought matters. The tree of American liberty and prosperity of our citizens. was very unfair, for example, in the is as strong as ever. Our roots run deep Whether it is making sure that avari- treatment of Miguel Estrada. We even into a wellspring of values that are as cious State and local tax commissars have the nomination of John Bolton. old as our Republic and, indeed, much don’t put an 18-percent tax on one’s Although a majority of Members are older still. monthly Internet access bill, or wheth- for him, he will not be accorded the Four hundred years after our Na- er it is the nanotechnology initiative, fairness of an up-or-down vote. tion’s beginning at Jamestown, we are

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.008 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11249 still—we are still—in the springtime of their public service, to admonish those braska folks, and my family, who are life as a nation. We are still planting where admonishment is needed when Missouri folks, in attendance that day. seeds and bearing fruit. We are still this Chamber, indeed, this Govern- They are just folks, but they are em- growing and creating, still inspiring ment, has gotten too partisan, but to blematic of those people who were born and innovating, still providing life and express this Senator’s appreciation for of the land and in the heart of Amer- hope for people around the world seek- the quiet moments of friendship and re- ica—ranchers and farmers. ing to escape the chains of tyranny, flection and respect in working to- It was on the prairies of Missouri and to embrace the blessings of liberty. gether, which is the glue that makes where I was born and raised on a little Indeed, the sun is still rising on a this Government run. old bitty farm of 160 acres—what I call bright American morning. And if we Whether you call it bipartisanship, ‘‘2 rocks and 1 dirt’’—not a very good will keep the faith, no matter the chal- whether you call it friendship, whether farm. But I have fond memories of that lenges or the choices we face, genera- you call it mutual respect, whatever place. I give thanks every day that I tions to come will remember and think you call it, the way you govern a na- was born to that family and in that old well of us for this: We never gave up. tion as large and as complicated and as house that still stands on that 160 We never backed down. And we always diverse as our Nation is—as the Good acres. Of course, in my younger years I stood strong for freedom. Book says: Come, let us reason to- gained most of my philosophy in life. I Thank you, Mr. President. I yield the gether—that is what this Senator tries was born of folks who weren’t very floor. to be about. And that is what this Sen- wealthy, as you would define wealthy. The PRESIDING OFFICER. The Sen- ator will try to continue to do in the They were a product of the Great De- pression and the terrible droughts of ator from Florida is recognized. new dawn of a new Congress. So I want- the 1930s. They survived by hard work ed to come and express my apprecia- f and great pride. The values they passed tion for those Senators, who will not be HONORING SENATORIAL SERVICE on to most of us in my generation were here, for the great public service they Mr. NELSON of Florida. Mr. Presi- the love of this country first, commu- have rendered. nity pride and loyalty to that commu- dent, I see others who wish to speak, Mr. President, I am truly grateful for nity, and honesty to the core. Russell and I will make a couple of brief com- their personal friendship and for their ments. and Mary Francis were married 59 public service. years on that day when I was sworn in. In the comments of the Senator from I yield the floor. And I will tell you, when they wit- Virginia, his final couple of comments The PRESIDING OFFICER. The Sen- nessed proudly their son sworn into the recalled for me a statement made in ator from Montana is recognized. most prestigious body in the world, the closing of the Constitutional Con- f vention in Philadelphia, when on the only in America can that happen. It is back of the chair of the presiding offi- FAREWELL TO THE SENATE truly the miracle of our country. It cer was a sunburst. Someone opined in Mr. BURNS. Mr. President, I appre- was also a proud day for all of our fam- that Constitutional Convention: Dr. ciate the words of my friend from Flor- ily. I will say right now that we could not Franklin, is that a rising sun or is it a ida as I rise today and say my farewell do well in this body without the true setting sun? And Franklin ventured to to this body. I do it with some sadness, support of a wife and family because it say that with the birth of the new Na- but I also do it with some great pride. is from that source that we draw our tion, with the creation of the new Con- I also do it with a great appreciation strength and, yes, our wisdom, as long for the Senate and for the people who stitution, that he thought it was a ris- as they are by our side. Phyllis, of serve here. ing sun. course, and Keely and Garrett were all Indeed, it is that hope, that optimism It has always been one of my per- here. What blessings God has bestowed sonal honors and privileges to serve the of which the Senator from Virginia has upon me personally. One was missing State of Montana and the country for just spoken—uplifting words—that are and that was Kate. God called her the last 18 years, and with such distin- the feelings that generate this Senator home back in 1985, but she remains in from Florida to get up and go to work guished and honorable men and women. our memories and hearts forever. We have seen a lot of changes. I want every day, and to look at this Nation’s Again, one cannot do this job without to answer my good friend from Florida, challenges, not as a Democratic prob- the support and sacrifice of our family. lem or a Republican problem, but as an before he leaves the floor: We have seen We have seen a lot of positive things American problem, that need to be some changes come over the body, and happen in Montana. Montana has just solved in an American way instead of a I would suggest that we turn off that begun to grow in new directions. Mon- partisan way. eye that surrounds this body, turn it tana is a resource State, with timber, We have had far too much partisan- off and turn the Senate back into the mining, oil, and agriculture. But we ship over the last several years across debating body it was once known for, have new opportunities now, and they this land, and, indeed, in this Chamber with collegiality, because the best I have opened. I am proud to say that it itself. And of the Senators who are have ever seen the Senate operate is in was me and my office that led the way leaving this Chamber, I think they rep- executive session. When you turn off on most of those changes. It is said resent the very best of America, and on the television and we get to the that it is not bragging if you have done occasion have risen in a bipartisan issues—and we have some marvelous it. I was fortunate enough to attract a way. It has been this Senator’s great people, dedicated, on both sides of an staff that shared the same vision of privilege to work with these Senators: issue, who can argue the issue—some of change, and change we did. Montana is ALLEN of Virginia, BURNS of Montana, us who may not be as disciplined in not short of visionaries. It was my CHAFEE of Rhode Island, DAYTON of that particular issue as others could privilege to know them, work with Minnesota, DEWINE of Ohio, FRIST of learn and vote more intelligently. I them, and to move our State forward. Tennessee, JEFFORDS of Vermont, suggest that, but I doubt that will ever There is one thing about Montanans: SANTORUM of Pennsylvania, SARBANES happen, being that that is out in the They are not afraid to dream. As you of Maryland, TALENT of Missouri. public today. I thank the Senator for know, dreams never die; dreamers do. As the Good Book in Ecclesiastes his observation. We need to get back to Our colleges and universities now are says: There is a time to be born and a the great debates that were held on the national leaders in research and devel- time to die. There is a time to get up, floor of the Senate many years ago. opment, agriculture, engineering, and and a time to go to bed. There is a time It was back on January 3, 1989, when communications. We have telemedicine for a beginning, and there is a time of I was sworn in the Senate. It was a and distance learning where none ex- ending. proud day in my life and, of course, for isted before. We have seen a real leap For these Senators who are leaving, my wife and our family. I got to think- forward in our infrastructure and it is clearly not an ending. It is an ending during that day that only in Amer- transportation and rural utilities. We ing of this chapter in their lives, but ica could something like this happen. I have watched an elevated vocational this Senator from Florida wanted to was fortunate and, of course, we had educational system grow. Tribal col- come and express his appreciation for both my wife’s family, who are Ne- leges on our seven reservations are

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.020 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11250 CONGRESSIONAL RECORD — SENATE December 6, 2006 growing and now offer opportunities The assistant legislative clerk pro- know that Eckfield had something no other that have never been available to our ceeded to call the roll. junior marine had . . . and that was heart. Native Americans in the history of our Mr. DEWINE. Mr. President, I ask Eckfield never complained about anything, State. More Montanans are working unanimous consent that the order for and he was one of the best we had. today and owning their own homes the quorum call be rescinded. Robert fell in love before he left for than at any other time in the history The PRESIDING OFFICER. Without Iraq. His girlfriend was Beth Dunkle. of our State. objection, it is so ordered. She wrote the following words of trib- I had the honor of serving with three f ute to Robert: Bobby was a great man. We were only to- Presidents, and one could say four, as HONORING OUR ARMED FORCES it was in the closing days of President gether for a short time, but it felt like we Reagan’s term. They are all honorable LANCE CORPORAL ROBERT F. ECKFIELD, JR. knew each other our entire lives. There was Mr. DEWINE. Mr. President, I come a connection the moment we met. Our jour- men and dedicated to this Nation. I ney started there, and my love for him will know what it is like to be in the minor- to the Senate floor this morning to pay tribute to Marine LCpl Robert F. never die. He is a true hero. Words can’t ex- ity, and I know what it is like to be in press how much I love him and miss him. the majority. One great statement was Eckfield, Jr., from Cleveland, OH. On October 27, 2005, Lance Corporal Robert and Beth were able to spend made: ‘‘The majority is more funner.’’ some time together before he left on I have enjoyed my work with some of Eckfield died from injuries sustained in Iraq. He was 23 years of age at the his third deployment. Beth visited him the best men and women in the Senate at Camp Lejeune where Robert filled a who represented both sides of the aisle, time. Lance Corporal Eckfield is survived room with rose petals, champagne, from different regions of our country by his father Robert, his mother and bouquets, and chocolate-covered straw- and diverse cultures of our country. I stepfather Virginia and Norman Tay- berries. Beth said they talked about ev- will miss them. But we have welded lor, and younger siblings Nathan, Ra- erything—from Robert’s ambition to be some friendships that will last forever. chel, and Norman, Jr. in law enforcement after leaving the The same could be said of nations to Even from a very young age, Robert service to the future in general and which we have traveled and met na- knew he wanted to serve in the Ma- them sharing it together for a lifetime. tional and international leaders on all rines. He was adventurous, loved being In the words of Robert’s mother: continents. outdoors, and had a strong sense of He just fell in love with a wonderful During my tenure here, we have wit- duty and patriotism. In addition, Rob- woman named Beth. . . .When he was home nessed the crash of the Berlin Wall, ert’s family had a long tradition of in September, they talked about how happy freedom in the market base come to military service. His grandfather had they would be when he could return home for the Eastern block in Europe, and the been a marine and fought in World War good in April, and they could be together. He sent her roses on Sweetest Day. electricity that was in the House of II and Korea. His Uncle Bill served in Representatives when a newly elected the Marines at Guantanamo Bay, Cuba. When Robert died, although Virginia President of Poland made his historical And Marine Cpl Derek Wright is Rob- would have liked to have had her son speech in a joint session. I will tell you ert’s cousin and the two enlisted to- closer to her in Ohio, she honored his what: It brought joy, tears, and pride gether after the terrorist attacks on last request to be buried at Arlington to all of us in that Chamber. September 11. According to Corporal National Cemetery. On November 5, Like every Member of Congress, I Wright, Robert wanted to be in the Ma- 2005, nearly 60 family members and wept when two of our Capitol police- rines ever since he was 12 years of age. friends traveled there for the service men died on that summer day pro- Robert worked hard for the privilege where Marine GySgt Barry L. Baker tecting this Capitol and us who live of wearing the Marines uniform. While presented Robert’s mother a flag in her and work here. Still, our hearts go out working odd, part-time jobs, he en- son’s honor. to their families. They will never be rolled in Cleveland Christian Academy Robert was a young man who had a forgotten. and attended night classes so that he bright future before him. He planned to I leave with many memories. I ask could earn his high school diploma. Im- attend college when he returned from the Senate to return to the delibera- mediately after graduating in 2002, Iraq and aspired to a career with either tive and collegial body it was designed Robert joined the Marines. As his the Central Intelligence Agency or the to be. I know it has that ability be- mother said: State Department. cause I have seen it firsthand. But the Right from the start, he wanted to [fulfill] Robert will be dearly missed by ev- challenges ahead are tremendous for his duty. He went right into boot camp after eryone who knew him. Teachers who this Government. I can only list about graduation. knew him when he attended John Mar- six of them: taxation, regulation, en- Virginia was worried about Robert’s shall High School in Cleveland were so ergy, health care, education, and liti- decision, but she supported him be- proud of his accomplishments as a ma- gation. We must face those challenges cause she knew how important the rine and devastated when they heard of if we are to live in this free entrepre- military was to her son. Their family his death. neurial and economic country. I sug- drove down to Parris Island, SC, to cel- According to family friend Steve gest that we don’t just dwell on the na- ebrate his graduation from boot camp. Dever, all activity at Cleveland Hop- tional interests first and all others sep- Robert was a truly brave marine. Ac- kins International Airport halted when arate. cording to his family, he had his moth- Robert’s body arrived. In Steve’s Members of this body are just aver- er promise that he would be buried in words: age men and women, but they have the Arlington if anything ever happened to I’m glad to see he’s getting a hero’s fu- capabilities of rising to any occasion of him in Iraq during his third tour of neral. crisis. They are just average, but they duty. Robert served willingly and never Before he was buried at Arlington, a also have a higher degree of dedication questioned his duty. memorial service was held in Robert’s to our country. I never underestimated In Iraq, Robert served with the 2nd honor at St. Luke Lutheran Church in any Member of the Senate, and I regard Battalion, 6th Marine Regiment, 2nd Cleveland. Robert’s cousin, Richard them as quiet heroes in a time of peace Marine Division, 2nd Marine Expedi- Samkas, said he and Robert grew up and in a time of turmoil and even in tionary Force based in North Carolina. like brothers, and that he remembers the most stressful time in the process Robert was an outstanding marine, him as a ‘‘fun, outgoing kid [who] al- of developing legislation that sets pol- someone who always gave it everything ways had some things funny to say.’’ icy for our land. he had. He served with passion, honor, After the memorial service, these were I shall miss all of you. It has been my and dedication. Richard’s words: great privilege to serve with you. As I Two fellow marines who served with If there is any way I’d want someone to re- leave, I say God bless you all. Robert in Iraq wrote the following to member him, it’s his honor—the way he hon- I yield the floor and suggest the ab- their friend on an Internet tribute Web ored the military every time he put on that sence of a quorum. site: uniform. The PRESIDING OFFICER. The [Eckfield] was one of the most outstanding The world is a better place because clerk will call the roll. marines we had. . . . [We] want everyone to Robert lived among us. He was a young

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.021 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11251 man of courage and compassion, some- 2005. He then graduated with a degree 2,899 American soldiers who have fallen one who served our Nation with honor in criminal justice in the spring of 2006. in the war in Iraq. I thank him for and distinction. My wife Fran and I Jeremy always had a positive out- doing this on behalf of his State, and I will continue to keep his family in our look on life—an attitude he maintained join him in his salute. thoughts and in our prayers. while serving in Iraq. He kept in touch f with his former Tiffin roommates Seth LANCE CORPORAL JEREMY SHOCK IRAQ STUDY GROUP REPORT Mr. President, this morning I come and Jake through e-mail. They remem- to the Senate floor to honor Marine ber that while Jeremy would say that Mr. DURBIN. Mr. President, a few LCpl Jeremy Shock. This Green serving in Iraq had its ‘‘ups and moments ago, the Iraq Study Group Springs, OH, native died on November downs,’’ he always concluded that presented their report. This is an his- 19, 2006, when the vehicle he was riding things ‘‘didn’t seem too bad.’’ As Seth toric document. It is 142 pages long and in hit an improvised explosive device said, ‘‘Jeremy just wasn’t a very nega- easily read. Within the confines of this near Fallujah, Iraq. He was 22 years of tive person.’’ publication is a very important mes- age at the time. Last April, Jeremy married Clara, sage. I want to salute, first, the mem- Jeremy had only been in Iraq since his college sweetheart. The two met bers of this Iraq Study Group. These mid-September when the incident oc- while they were both attending Tiffin. men and one woman have risen to the curred. He served as a machine gunner They were married while Jeremy was call of public service in a way that is while in Iraq and also repaired weapons home for a 3-day leave. Bonnie Tiell, exemplary for all of us who are in- in the armory. former assistant athletic director and volved in public life. Former Secretary Friends and family said Jeremy al- tennis coach at Tiffin University, re- of State James Baker, former Con- ways put others before himself. One of members how caring Jeremy was and gressman Lee Hamilton, Lawrence S. his former roommates Seth Mahon said how he loved Clara completely. Eagleburger, Vernon E. Jordan, Jr., this of Jeremy’s selflessness: Jeremy’s family and friends remember Edwin Meese, III, former Supreme Jeremy was the greatest guy I ever met. how much he was looking forward to Court Justice Sandra Day O’Connor, . . . He was the guy who, if he only had $5 returning home so he could spend more Leon E. Panetta, William J. Perry, and you needed it, he was going to give it to time with her. former Senator Charles S. Robb, and you. He never asked for help. If you were During Jeremy’s funeral, Clara read former Senator Alan K. Simpson have having a bad day, he would make it a good the last letter she wrote to him, and I produced a bipartisan report on a war day. would like to read an excerpt from that that troubles every single American, A 2002 graduate of Clyde High School, letter: and their conclusion in this report is Jeremy was a lineman on the football You’ve made me the happiest woman on clear. Their conclusion is it is time for team and set an example for his fellow Earth. You always give me support when I the American troops to leave Iraq and classmates and teammates. During need it. Even when you’re far away, you’re begin coming home. Their conclusion Jeremy’s funeral, his uncles carried his here for me. I really don’t know yet what I’m is that we are no longer waiting, if we football jersey and a football. The flag going to do without you in my life. ever were, for the permission of Iraq hung at half staff at the high school Jeremy will be missed by all who for this to happen. Instead, we are put- where his brother Zack is a sophomore knew him and all who loved him. As ting Iraq on notice that it is time for and his sister Sara is a freshman. his former roommate Seth said: them to stand and make the important Jeremy’s High School principal, Joe He will definitely be missed. He’s taking a decisions for their future that will lead Webb, said this of Jeremy shortly after lot of hearts with him. to stability in that nation. his funeral: Jeremy was a humble man who never They have shown, with this report, Jeremy was a great kid. He was the type of wanted to be in the spotlight. He took an impatience and frustration which kid that was a leader through example. He pride in serving his country, and he has been shared with the American would give you a great effort every time. was someone full of purpose with a people. On November 7, Election Day, Whatever you asked him to do, you know he strong sense of duty. The military rec- the American people were very clear. would give his maximum effort and get it They said overwhelmingly by their done. There’s just no better young man ognized Jeremy’s leadership and his who’s come through Clyde High School than drive. He was honored with a National votes across America they want a Jeremy Shock. Defense Service medal and a certificate change in our policy in Iraq. It is no That is what his high school prin- of commendation. longer acceptable to lose so many of cipal said. I would like to conclude my remarks our best and bravest soldiers, no longer After graduating from high school, with the words from a prayer that was acceptable to be bringing these brave Jeremy enrolled in Tiffin University. posted on an Internet tribute Web site soldiers home for communities to His friend Lacey Cherry remembers the in Jeremy’s honor, and this is what it grieve and to pray over them, as we first time she met him, a few days after said: should, but we must bring this to an they moved in at school. Jeremy, a O Lord, into your hands, we humbly en- end. Twenty thousand or more Amer- large football player, would run around trust our brother. In this life, you embraced ican soldiers were disabled in this war, the dorms introducing himself to every him with your tender love; deliver him now some of whom will struggle for a life- person he met. Lacey said, ‘‘Ever since from evil and bid him enter into eternal rest. time to rebuild their lives and their fu- then, we had been really, really close.’’ My wife Fran and I continue to keep tures. It is also time for us to bring an Jeremy’s roommates at Tiffin, Seth Jeremy and his wife Clara, his father end to the expenditure of money on the Mahon and Jake Tidaback, remember and mother, Duane and Sherry, and his war in Iraq; $2 billion to $3 billion a how Jeremy was smart, how he worked brother and sister, Zack and Sara, in week that we are spending. hard, and how he always would make our thoughts and in our prayers. At a time when we are cutting back them laugh. They recall how important Mr. President, I yield the floor. on research at the National Institutes joining the Marines was to him. Ac- Mr. DURBIN. Mr. President, first, I of Health for medical research; at a cording to Jake, there was no one who thank my colleague from Ohio. He has time when we are unable to fund No could serve our country better than taken on a special responsibility for Child Left Behind, when we know that Jeremy. In his words: fallen soldiers from his State to come our children, our future leaders, need a Jeremy was simply the typical best friend, to the floor and pay tribute to each of helping hand and we are unable to pro- the kid who would be there whenever you them. It involves a great deal of work vide the resources; at a time when we needed him. He was always happy. If you on his part to put together the record cannot help working families pay for would be having a bad day, he would make it of their lives. It also involves a great their health insurance, we are sending a good day. deal of commitment on his part. He billions of dollars over for this war in Jeremy enlisted in the Marine Corps shows again to Members of the Senate Iraq, a war that has now lasted longer Reserves prior to his senior year at Tif- that he is a man with great heart, and than World War II. fin. He decided to join while he was in- I know that he speaks not only for The report of the Iraq Study Group is terning for the International Criminal himself and his family but for all of us a call to action. It is a call for change, Police Organization in the summer of in extending our condolences to the and, quite frankly, it is a call on the

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.022 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11252 CONGRESSIONAL RECORD — SENATE December 6, 2006 President, our Commander in Chief, to action by JIM JEFFORDS was just one of usually came up with two I always move forward with new leadership and the achievements of his public career look to for wisdom and guidance: PAUL with a new candor in dealing with the he can point to with pride. SARBANES and CARL LEVIN. I am glad people of Iraq. During that genocide, he was the that CARL LEVIN will continue his Sen- They also make a bold suggestion, ranking Republican of the Senate For- ate career and has announced that he which I endorse, that we need to open eign Relations Subcommittee on Afri- will run for reelection. But PAUL SAR- the diplomatic front. We need to bring ca. The chairman of that committee, BANES is leaving the Senate after many to the table in the Middle East many Paul Simon, joined with him in that ef- years of fine service. countries that we have shunned for a fort. Five weeks after the slaughter in PAUL SARBANES is the quintessential long period of time, countries that, Rwanda began, Senators Simon and American success story. His parents frankly, we disagree with on many JEFFORDS phoned GEN Romeo Dallaire, were immigrants from the same little basic things. We need to bring to that head of the U.N. peacekeeping force in town in Greece. They met in America, table Iran, a country which we have Kigali, and asked what he needed. The and what else would Greek immigrants very few things in common with but a desperate general said he needed 5,000 do? They opened a restaurant—in country we need to bring in and discuss American troops to stop the killing. Salisbury, MD. They picked a classic the future stability in the Middle East. Those two Senators, JEFFORDS and American name for their restaurant. We need to bring Syria to the table as Simon, got on the phone, begging the They called it The Mayflower, and well, in the hopes that they will be- White House to send the troops. They PAUL SARBANES started as a young boy come an agent for positive change in wrote in their common message: working in his family’s restaurant and the Middle East and for stability. Obviously, there are risks involved, but we living ‘‘above the store,’’ as they used There are some who will disagree with cannot sit by idly while this tragedy con- to say. tinues to unfold. that, but I am not one of them. I recall, He graduated from public high in the darkest days of the Cold War, we Senators JEFFORDS and Simon re- school, but a pretty good student and would sit down with the Russians, we ceived no reply, and the killings con- not a bad basketball player, he won a would sit down with Soviet leaders, we tinued. Hundreds of thousands of inno- scholarship to Princeton University, would try to work out differences, try cent men, women, and children were studied as a Rhodes Scholar at Oxford, to find ways to bring a peaceful resolu- killed or maimed. and earned a law degree from Harvard tion to many contentious problems. Later, Paul Simon would say: in 1960. He was set to make a fortune as That was the American way then, and If every Member of the House and Senate an attorney in private practice but, in- it should be now in the Middle East. had received 100 letters from people back stead, he listened to President Ken- I salute the Iraq Study Group. They home saying that we have to do something nedy’s call to public service and took a have given us a guidepost. They have about Rwanda, when the crisis was first de- job as assistant to Walter Heller, who given us a roadmap, in terms of our fu- veloping, then I think the response would was President Kennedy’s Chairman of ture policy in Iraq, and now, with the have been different. the Council of Economic Advisers. American people calling for change, So many times I have stood on the with the Iraq Study Group on a bipar- floor of the Senate pleading for our Na- PAUL SARBANES won his first election tisan basis calling for change, now, the tion to intervene to stop the genocide 40 years ago to the Maryland House of responsibility shifts to the President of in Darfur. Each time, I have thought Delegates and was elected to the the United States. I hope that he will about Paul Simon and JIM JEFFORDS. United States Senate 30 years ago. He demonstrate his commitment to Had the President listened to them, is the longest serving U.S. Senator in change by beginning to redeploy Amer- hundreds of thousands of people in the history of the State of Maryland. It ican troops out of Iraq starting in Jan- Rwanda could have survived that geno- is said that the Senate is the most ex- uary of next year. If we are to meet the cide. It doesn’t take a great deal of clusive club in the world. PAUL SAR- goal of this Iraq Study Group of the moral courage to follow your con- BANES is a member of one of the most American combat forces redeployed science when the world is on your side, exclusive clubs within it. Of the 1,885 out of Iraq by March of 2008, then we but it is when you stand alone, know- Americans who have had the rare privi- need to begin that process and begin it ing you may lose, and you follow your lege and honor to serve in the Senate, as soon as possible. For our soldiers, conscience anyway, that you dem- PAUL SARBANES is one of only 27 who for their families, for the American onstrate real moral courage. have been here long enough to cast people, the President needs to begin Time and again in his public career, 10,000 votes in the Senate. this redeployment. JIM JEFFORDS, the retiring Senator He is a modest, soft-spoken, hard- from Vermont, has shown that courage. f working man and one of the brightest He has been an unwavering champion people I have ever served with in the HONORING SENATORIAL SERVICE of children and families with special House or the Senate. JAMES JEFFORDS needs, the environment, affordable A Congressional Quarterly profile Mr. DURBIN. Mr. President, most of health care for all Americans, and says of PAUL SARBANES: budget policies that are both compas- us remember the tectonic shift that oc- He possesses the intellectual skills to leave curred in the Senate in 2001, in the sionate and responsible. He believes in his opponents sputtering. month of May, when our colleague, JIM moderation, tolerance, and that the JEFFORDS, changed parties. He moved Federal Government be committed to He was a voice of reason in the House from being a Republican to becoming protecting basic individual freedoms. Judiciary Committee during the Wa- an Independent Senator and lined up Three years ago this week, Paul tergate hearings of 1974 and later in the with the Democratic Caucus. Never be- Simon died unexpectedly following Senate’s Iran-Contra and Whitewater fore had control of the Senate changed heart surgery. At the end of this week, investigations. on the decision of one Senator. JIM JEFFORDS will be casting his last It was Senator SARBANES’s leadership It wasn’t the first time JIM JEFFORDS vote in the Senate. We wish him well in in the wake of the scandals at Enron had followed his conscience and made the next chapter of his life. Those of us and WorldCom that led to the reforms history. I can recall his alliance with who have had the privilege of working in Sarbanes-Oxley, the most far-reach- my predecessor, Senator Paul Simon. with JIM JEFFORDS, the new Senators ing reform of accountability standards At a time many years ago, in 1994, who will join us soon, and those who since the Great Depression. when Rwanda was facing a genocide, will follow in years to come would do An interesting thing happened a Paul Simon and JIM JEFFORDS were the well to remember the moral courage of week ago. On November 30, a group two voices in the United States who Senator JAMES JEFFORDS of Vermont. with an impressive and quasi-official- stood up and called for the Clinton ad- PAUL SARBANES sounding name, the Committee on Cap- ministration to do something to stop Another retiring colleague is one of ital Market Regulation, released a re- this genocide. Unfortunately, it did not my favorites. I have been asked time port arguing that excessive and over- occur and hundreds of thousands of and again: Who are your favorite Sen- zealous regulation was hobbling U.S. people lost their lives. But that call to ators on the Democratic side? And I capital markets. The report included 32

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.024 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11253 recommendations, among them to reserved as an aide to Walter Mondale, Rhode Island, followed in the footsteps design the SEC, the Securities and Ex- then as Minnesota’s State economic de- of his great father, John Chafee, with change Commission, to make it friend- velopment commissioner, and later whom I was honored to serve. Senator lier to business and increase protec- State auditor. MARK DAYTON was elect- LINCOLN CHAFEE time and again would tions against private lawsuits against ed to the Senate 6 years ago on his sec- stand independently and express his businesses—in other words, pull some ond try. His first 2 years in the Senate views and his conscience. He was the of the teeth out of the Sarbanes-Oxley he had that great colleague, Paul only Republican of the 23 Senators who reforms. Wellstone. For the last 4 years, MARK voted against the Iraqi war resolution. The very next day we learned that DAYTON, like many of us, has tried to GEORGE ALLEN the report had been financed by a foun- carry Paul Wellstone’s standard, to Senator GEORGE ALLEN of Virginia dation with ties to what the Wash- fight for the people that Paul and I have worked on a few measures ington Post described as ‘‘a pair of Wellstone used to call ‘‘the little together, including some help for vet- well-heeled business donors and an ex- fellers,’’ who don’t have expensive lob- erans who returned from the war in ecutive battling civil charges’’ in a byists to watch out for them in the Iraq with traumatic brain injury. lawsuit filed in New York by the attor- Senate. CONRAD BURNS ney general. MARK DAYTON has been a consistent Some pension watchdogs and con- Senator CONRAD BURNS and I have voice for fairness. He has used his own served on the Appropriations Com- sumer advocates they turned out to be. Senate salary to pay for seniors to They were sounding an alarm bell with mittee and are friends from the Senate travel to Canada to purchase less ex- gym where we get together every a real personal interest in mind. So we pensive prescription drugs. He has been should take care; before we make any morning and find a few things to laugh a strong advocate for ethanol, renew- about. wholesale change in the Sarbanes- able energy, strengthening America’s WILLIAM FRIST Oxley rules, we need to understand energy security, reducing global warm- that we need to protect the integrity ing, and boosting the income of family Senator BILL FRIST is our leader in and security of America’s financial farmers. the U.S. Senate. We have had some bat- tles, of course, as you would. But we markets. PAUL SARBANES had the cour- Senator DAYTON was one of only 23 age to lead that battle. Change can Senators who voted against the Iraqi have also shown respect to one an- take place, but let’s make sure it is war resolution in 2002. He has used his other, and I respect the job that he has reasonable; study the issue and ask the seat on the Senate Armed Services done and wish him the very best. I hard questions. Committee to ask hard questions of might say of Senator BILL FRIST that For over 30 years PAUL SARBANES has those who planned and are overseeing his commitment to public service served Maryland and the Nation. He the war. He has demanded account- doesn’t end with the Senate. He has has earned a reputation for excellence ability from them while he has contin- taken his amazing skills as a heart sur- and integrity, winning the Paul Doug- ued to show consistent support for the geon to some of the poorest places on las Award for ethics just 2 years ago. men and women in uniform. Earth, spending spare time which he He has given America some of the most I look forward to seeing how Senator could have had with his family or re- laxing somewhere, instead in some of important legislation, but he has spo- MARK DAYTON will serve America next, ken out consistently on the floor of the and I wish him the very best. the most outlying sections of the world helping the less fortunate. That speaks Senate so many times with the kind of MIKE DE WINE leadership which we ask for in the Sen- volumes about the heart of BILL FRIST. I also express my best wishes to my I wish all of my colleagues who are ate. I will be sorry to see him retire. colleagues on the other side of the aisle But the Sarbanes name lives on in retiring well as they begin the next leaving the Senate at the end of this Congress. On November 7 his son John chapters of their careers. session. I already made mention of Peter Styros Sarbanes was elected to Mr. SALAZAR. Mr. President, I rise Senator MIKE DEWINE of Ohio. So represent Maryland’s Third Congres- today to bid farewell to several of my many times over the 10 years that I sional District, replacing Senator-elect friends here in Washington. Too often served in the Senate I walked across BEN CARDIN. In typical Sarbanes fash- we get caught up here in the back-and- the aisle searching for an ally and ion, his son won with 65 percent of the forth of politics and lose sight of the found MIKE DEWINE. Whether it was a vote and will continue the Sarbanes contributions of those with whom we fight to put more efforts into the glob- family tradition of serving Maryland work every day. It is only at moments al AIDS effort to reduce the deaths and America. such as, at the end of a cycle, that we around the world or an effort to reach MARK DAYTON have a moment to reflect on the con- out and provide assistance to Haiti, a Mr. President, MARK DAYTON served tributions of our colleagues. And while country which my friend MIKE DEWINE representing the State of Minnesota. we may not always see eye-to-eye, this has adopted, time and time again he Business was his background, not poli- Senate is losing several admirable con- rose to that challenge. Debt reduction tics. But Senator DAYTON developed a tributors who have made many sac- in Africa—so many other issues. His passion for politics at an early age. rifices to serve our democracy. speech today on the floor was just an- While his parents supported Richard Mr. President, we are losing one of other indication of the kind of compas- Nixon in 1960 and 1968, Senator DAYTON the great deans of the Senate in my sion that he brought to service in the found another hero in Bobby Kennedy. friend Senator PAUL SARBANES of Senate. As a college student at Yale, he pro- Maryland. As many have already Elections come and go but the record tested the Vietnam war. He began noted, Senator SARBANES helped bring that has been written by my friend using a share of his family’s fortune to the greatest disinfectant—sunshine— Senator MIKE DEWINE will endure. support progressives. into the corporate boardrooms of In return, he made it on an enemies RICK SANTORUM America after the fall of Enron, to help list. He was investigated by the FBI, Senator RICK SANTORUM and I spent investors cull out the few bad apples targeted by the IRS, and had that dubi- most of our time on the floor of the from the American economy. In his ous distinction of being on Richard Senate in hot debate, disagreeing on al- three decades in the Senate, Senator Nixon’s enemies list, a distinction that most everything. But we found some SARBANES has worked with five Presi- he now wears as a badge of honor. areas of agreement, and one of them dents, seen the end of the Cold War, the He has devoted his entire adult life to was the global AIDS effort. I am glad boom of the information age, and even public service, broadly defined. Born that he joined as my partner in that ef- a balanced budget a few years back. into privilege, he fought for those less fort. The money that we secured that Any regular C–SPAN viewer would fortunate from the start, especially for will be spent around the world will agree that he is one of the most inci- poor children. After college he taught save lives and provide hope. sive and skilled questioners in the Sen- science in New York City and coun- LINCOLN CHAFEE ate, and his work has elicited impor- seled runaway children in Boston. Re- Senator LINCOLN CHAFEE, a quiet tant testimony, bringing valuable in- turning to his Minnesota roots, he voice of moderation from the State of formation to the public sphere,

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.025 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11254 CONGRESSIONAL RECORD — SENATE December 6, 2006 strengthening our democracy. Through lence within themselves and their be- pay for higher education. He has re- it all, his focus has always been the liefs. It has been a pleasure to work peatedly insisted that Congress live up people of Maryland, and his wisdom alongside each of these gentlemen, who to its promise to America’s public and experience will be missed. have helped me as I have found my schools and children by offering I also want to say farewell to my way, sometimes literally, through the amendments to fully fund the federal friend from Vermont, Senator JIM JEF- halls of the Senate, in the pursuit of government’s commitment to special FORDS—a true Yankee independent and these greater ideals that we all share: education. MARK has also fought for a real treasure. When I joined the Vet- security, prosperity and an America additional career and technical train- erans’ Affairs Committee with Senator that we leave better than when we ar- ing. JEFFORDS, I learned early on that he rived. These ideals will resonate here During his time in this body, MARK was an ally in standing up for Amer- long after we all are gone and another DAYTON has nobly stood up for the ica’s veterans. I was always impressed generation stands in our place making American people. In a speech on the with his willingness to listen to all the decisions of its day. Senate floor, he noted: ‘‘A government sides of an issue, and when he spoke, I MARK DAYTON of the people, by the people, and for the was always listening. I have admired Mr. OBAMA. Mr. President, I rise people is a government that tells the his stewardship of the Environment today to bid farewell to a decent and truth to its citizens. If it doesn’t, it is and Public Works Committee, and I principled member of this body, MARK not a government of them, not by know that the Senate, the people of DAYTON. Over the past 6 years, Senator them, and certainly not for them. It is Vermont, and people across our coun- DAYTON has proven his dedication to imperative.’’ try will miss his leadership and his ex- the highest ideals of this body through Although MARK DAYTON’s voice will perience—more than three decades of his devotion to economic justice, edu- no longer be heard on the Senate floor, service. cation, and health care concerns. I know that he will continue to do Then there is my colleague on the In October 2002, MARK DAYTON voted great work for Minnesotans and for all Agriculture Committee, Senator MARK against the Iraq war resolution, despite Americans. I am proud to have served DAYTON of Minnesota. For much of his the fact that President Bush was pre- with him and wish him all the best. life, Senator DAYTON has dedicated senting fairly convincing evidence that LINCOLN CHAFEE himself to public service, both in Min- Saddam Hussein had weapons of mass Mr. BYRD. Mr. President, in his Pul- nesota and in Washington—as a leader destruction and most of the Nation was itzer Prize winning book, ‘‘Profiles in on economic development for his home supportive of the decision to go to war. Courage,’’ Senator John F. Kennedy State and later as State auditor before MARK DAYTON held to his convictions, extolled the virtues of political cour- being elected to the U.S. Senate in and history will judge him favorably age. ‘‘Surely, in the United States of 2000. The Twin Cities may be cold this because of it. America, where brother once fought time of year, but we all know that Min- As a Senator, MARK has donated his nesota DFLers will welcome him home entire Senate salary to help his con- brother,’’ Senator Kennedy wrote, ‘‘we warmly after his service in the Senate. stituents pay for prescription drugs. do not judge a man’s bravery under fire A number of my colleagues on the His salary goes to the Minnesota Sen- by examining the banner under which other side of the aisle will be departing ior Federation for ‘‘Rx Express’’ bus he fought.’’ in January, as well. There is our col- trips to help senior citizens buy cheap- For 7 years I have watched and ad- league from Virginia, Senator ALLEN, er prescription drugs in Canada. In the mired the courage of Senator LINCOLN who wears, in my opinion, the second Senate, he has fought to make such CHAFEE, who sits on the other side of best pair of boots in the Senate. There trips less necessary by proposing the the aisle, and who will be leaving us at is Senator SANTORUM of Pennsylvania, Meeting Our Responsibility to Medi- the end of the 109th Congress. whose passion is admirable and whose care Beneficiaries Act to permit the I have watched and admired his firm energy is always enviable. Also leaving Government to negotiate prescription stands against his own political party, us is my colleague in the centrist Gang drug prices with pharmaceutical com- the Senate leadership, and the Presi- of 14 that helped bring this Senate panies. He has also introduced the dential administration as he followed back from the abyss; Senator DEWINE Taste of Our Own Medicine Act to re- the dictates of his conscience. ‘‘A man of Ohio, who will head back to the quire Members of Congress to share the does what he must,’’ wrote Senator Buckeye State with my respect and ad- same prescription drug benefits as Kennedy, ‘‘in spite of personal con- miration; and my friend Senator TAL- Medicare recipients. sequences, in spite of obstacles and ENT from Missouri, with whom I spent MARK DAYTON’s 6 years in the Senate dangers and pressures—and that is the many hours in the Agriculture Com- are a continuation of his lifelong com- basis of all human morality.’’ This was mittee working to level the playing mitment to public service. He pre- the basis of Senator CHAFEE’s tenure in field for America’s farmers and ranch- viously worked as a teacher on the the Senate. ers. We will miss Senator CHAFEE of Lower East Side of New York, as a Senator CHAFEE was appointed to the Rhode Island’s independence and his counselor for runaways, and as the Senate in 1999 upon the death of his fa- clear voice for fiscal discipline in chief financial officer for a social serv- ther, the beloved and respected Senator Washington. And we will miss Senator ice agency in Boston. He worked for JOHN CHAFEE. He immediately proved BURNS of Montana, who shares my pas- Senator Walter Mondale and cam- himself to be, to use an old cliche, a sion for rural America and who is head- paigned with him during his Vice Pres- ‘‘chip off the old block.’’ Senator LIN- ed home to Big Sky Country, back to idential bid with President Jimmy COLN CHAFEE proved himself to be a the Rockies that I know we both miss Carter. MARK also served twice as com- Senator of immense integrity, great so much. missioner of the Minnesota Depart- dignity, and high principle. And, like Finally, I wish to thank the majority ment of Energy and Economic Develop- his father, he proved himself a Senator leader, Senator FRIST, for his service to ment. of incredible courage. this body and this Nation. He is a man MARK DAYTON has used the economic He was the first Senate Republican of remarkable skill and dedication, and experience he gained as commissioner, to oppose the Bush tax cuts in 2001. he will now return to serving his con- and as Minnesota State auditor to help He was a Senator who helped pre- stituents in the way he knew first—as American workers during his time in serve the Senate as the institution a healer. I am sure each of his future the Senate. He has supported extended that was planned and handed down to patients is already grateful for his skill unemployment assistance and an in- us by the Framers of our Constitution, and wisdom returning to touch their crease in the minimum wage while op- and all the great lawmakers who lives directly. posing outsourcing of American jobs. served in this Chamber before us. Sen- America, when held to its finest Senator DAYTON has been a strong ator CHAFEE was one of the seven Re- ideals, is more than a place on the supporter of increased funding for edu- publicans who composed the so-called globe or a work in progress. It is the cation. He introduced the Nontradi- gang of 14 that was ready to block the inspiration to those around the world tional Student Success Act and the Re- majority leader’s use of the ‘‘nuclear and here at home to seek out excel- store the Dream Act to help students option’’ that would have destroyed the

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.027 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11255 U.S. Senate as a unique and sacred in- DEWINE cooperated with Senator KOHL Mr. President, shortly after coming stitution by curtailing the ability of in running the Antitrust Sub- to this Chamber, Senator DEWINE re- the minority to filibuster. committee on a bipartisan basis, and in marked, ‘‘when you go to the Senate, I, of course, will always remember, the process, helped provide Americans you don’t know how long you’ll be admire, and appreciate Senator CHAFEE with cheaper phone service, more there. So you want to use your time as the only Senate Republican to vote choices on television, and direct flights wisely.’’ In his two terms in the Sen- against the Iraqi war resolution. He home for the holidays. ate, Senator DEWINE used his time was one of the immortal 23 Members of He teamed up with my colleague wisely and effectively. As he leaves the this Chamber who stood against pop- from West Virginia, Senator ROCKE- Senate, he should take pride in the ular opinion, stood up to the President FELLER, in promoting legislation that knowledge that his presence here may of the United States, and threw himself changed the government’s emphasis in well have saved this sacred institution, against the forces of war in voting child custody cases from preserving and from the bottom of my heart, I against the resolution to launch an un- family strucure to protecting the best thank him for it. precedented military assault on Iraq. If interests of the child. I wish him and his wife Fran health, Indeed, caring for and protecting only there had been more Senators like happiness and never-ending success as America’s children was a major focus him, we would not find ourselves in a they begin the next phase of their lives of his tenure in the Senate, and I ap- bloody quagmire in Iraq. and careers. In voting against the war resolution, plaud him for it. His concern for children, among other concerns, led him to CONRAD BURNS Senator CHAFEE was determined not to Mr. President, the great State of hand over to President Bush, or any successfully push for legislation to improve school bus safety and tougher Montana is Big Sky Country. It is the President, the power to declare war. child pornography laws. land of open space, grizzly bears, gray That power, according to our Constitu- I, of course, know Senator DEWINE wolves, and ponderosa pines. It is a tion, belongs to the Congress. With his best from his service on the Senate Ap- land of vast grasslands and the mag- firm belief in our constitutional doc- propriations Committee. He chaired nificent Glacier and Yellowstone Na- trines of the separation of powers and the District of Columbia Appropria- tional Parks. It is the land of Senator checks and balances, Senator CHAFEE tions Subcommittee, which I know CONRAD BURNS who will be leaving us opposed many of the worst provisions from personal experience, is no easy at the end of this session of Congress. of President Bush’s efforts to create an chore. It is one of the most difficult His service in this Chamber was the all powerful Department of Homeland and thankless tasks in the Senate, and capstone of a fascinating, multifaceted Security. He opposed, for example, the he did it very effectively. One of his ob- career. A Marine veteran, Senator administration’s plan to reduce the jectives in this position was to reform BURNS had worked for two different civil service protections and dissolve the District’s child welfare system— major airlines, and had worked as a the collective bargaining rights of fed- and, again, I know from personal expe- firefighter, a livestock fieldman, com- eral employees in the newly created rience, just how difficult and thankless missioner of Yellowstone County, and agency. reforming the District’s welfare system Although he will soon be leaving an auctioneer. can be. Senator DEWINE worked at it, He had also served as a radio an- Congress, there is a bright side. Sen- and had some outstanding successes. nouncer, a farm broadcaster on the ator CHAFEE will now have more time Senator DEWINE and I worked to- to spend with his wife Stephanie and gether to enact and defend the Contin- Northern Agricultural Farm Network. their three children and to ride his ued Dumping and Subsidy Offset Act, a A member of my staff grew up in Great horse Trapper. I wish all of them happi- trade law that returns to injured com- Falls, MT. She remembers, as a child, ness and success in their future endeav- panies and workers the duties that are waking up very early on cold, Montana ors, and many happy hours in the sad- collected by Customs on unfairly trad- mornings, going out to feed the horses, dle. ed imports. He also supported the en- and coming in to hear Senator BURNS giving his ‘‘ag’’ report on television, MIKE DEWINE actment of the Emergency Steel Loan telling the people of Montana the price Mr. President, with the conclusion of Guarantee Program—a program that of pork bellies, hard red winter wheat, the 109th Congress, Senator DEWINE has kept Wheeling-Pittsburgh Steel in and other commodities. will be leaving us. business and over 3,000 people employed I do not want to say farewell to him, for decades. It is well recognized that, With his boots, wide belt buckles, but to thank him for being a congenial if the program had not provided Wheel- and folksy mannerisms, few people colleague and an outstanding Senator, ing-Pitt with its loan guarantee, the would have expected that this Montana a Senator who truly appreciated this company would no longer exist. cowboy would become one of the Sen- chamber, its traditions, and the way it I will always remember Senator ate’s leading experts in high-tech tele- is supposed to work. DEWINE as a Senator who took the risk communications. For 12 years, he was an effective Sen- to help preserve the Senate as it was During his service on the Committee ator, a Senator who built a long, im- handed down to us by the Framers of on Commerce, Science, Senator BURNS pressive list of legislative accomplish- our Constitution, and all the great law- embraced and fostered new commu- ments on a wide range of issues, large- makers who served in this Chamber be- nications technologies. He chaired the ly, I believe, because of his willingness fore us. Senator DEWINE was of the first interactive hearing on Capitol seven Republicans who helped form the to reach out, and to work with Mem- Hill and cofounded the Congressional so-called gang of 14 to help block the bers on this side of the aisle. In a true Internet Caucus. As chairman of the majority leader’s determination to use bipartisan spirit, he worked with my Communications Subcommittee, he the ‘‘nuclear option’’ that would have dear friend, Senator KENNEDY, to in- helped bring the Nation’s communica- destroyed the U.S. Senate as a unique crease Federal regulation of tobacco. tions laws into the digital age as he institution. He worked with Senator DODD for a helped broaden the use of the Internet. I know this effort cost him support bill to provide health screening for Indeed, he has been praised as ‘‘one of from Members of his own party, and the fathers of the modern Internet.’’ newborns. from folks back home. It reminds me of He worked with Senator Paul To the relief of, perhaps, millions of the words of Senator John F. Kennedy, Wellstone on legislation that revamped American Internet users, Senator who wrote: job training programs, and with Sen- BURNS tangled with mass marketers to If the American people comprehended the help secure enactment of antispam leg- ator LAUTENBERG on bills to crack terrible pressures which discourage acts of down on drunk drivers. political courage, which drive a Senator to islation. With Senator CLINTON, he promoted abandon or subdue his conscience, then they With his interests in telecommuni- legislation to ensure that drug compa- might be less critical of those who take the cations, he enhanced 9–1-1 services nies do a better job in studying the ef- easier road—and more appreciative of those throughout the country, and worked fects of their products on children. still able to follow the path of courage. with Senator CLINTON in sponsoring For nearly a decade, whether in the For 12 years Senator DEWINE took legislation to upgrade technology on majority or the minority, Senator the path of political courage. cell phones.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.035 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11256 CONGRESSIONAL RECORD — SENATE December 6, 2006 On the Senate Appropriations Com- last few in the esteemed and chal- him for helping to pass the Bipartisan mittee, he chaired the Interior Sub- lenging position of Senate majority Campaign Reform Act and eliminate committee, and this is where I came to leader. soft money. Senator JEFFORDS also know and appreciate him. As a West- Senator FRIST was my partner on the played a crucial role in the effort to erner, Senator BURNS brought an im- Senate Foreign Relations Committee’s pass much-needed Army Corps of Engi- portant perspective, as well as a wealth Subcommittee on African Affairs for neers reforms. Debate over these re- of experience and knowledge to the di- several years in which we both served forms was contentious at times, and verse and difficult issues that came up as chairman or ranking member. I have his work behind the scenes and on the in the Interior Appropriations bill that appreciated his knowledge and passion floor was needed to win support for were important to his state, and to his for issues affecting Africa and the deep changing the way the Corps does busi- region of the country. commitment he brings to the global ness. In the next Congress we will work In 2001 and 2002, when I chaired the fight against HIV/AIDS. I also have to build on Senator JEFFORDS’ hard committee, it was a pleasure to have great respect for his commitment to work and commitment to these impor- Senator BURNS serving as ranking bringing his medical expertise to re- tant issues. member of the Interior Subcommittee mote areas in Africa. There is no doubt As chairman and ranking member of and to work with him and his able that he has personally made a signifi- the Senate Environment and Public staff. His dedication to duty, his will- cant contribution to helping improve Works Committee, he has been com- ingness to work in bipartisan fashion, the lives of people around the world mitted to reforming our Nation’s en- and his always gracious manner made living with HIV/AIDS. ergy and environmental policies. He is my work infinitely easier. It was sim- I have also had the honor of sharing a champion for our environment, and ply a pleasure to work with and to with Senator FRIST the important his leadership and expertise will be serve with Senator BURNS on this sub- work of the Center for Strategic and greatly missed. It is the responsibility committee. International Studies, CSIS, Task of the next Congress to honor Senator I must now say good-bye to my good Force on HIV/AIDS. Together, with JEFFORDS’ legacy in this area by redou- friend and colleague. I wish Senator many distinguished experts, we have bling our efforts to protect the envi- BURNS and his dear wife Phyllis happi- been able to contribute to the fight ronment. ness and success as they now prepare against the HIV/AIDS pandemic. We I was proud to work with Senator for the next phase of their lives. set course on a bold agenda to help JEFFORDS on other critical issues as In honor of and appreciation for the nearly 40 million people living with well. As a knowledgeable leader on Senate’s Montana cowboy, who was at HIV/AIDS in the world today. Senator education issues, having served as one time in his career an auctioneer, I FRIST understands the impact of this chairman of the Health, Education, offer the following verse: disease that continues to ravage indi- Labor, and Pensions Committee, he THE TOUCH OF THE MASTER’S HAND viduals, families, communities, and en- pushed for reforms to the No Child Left ‘Twas battered and scarred, and the auc- tire economies. While we have much Behind law. I was proud to work with tioneer work left ahead, Senator FRIST has him on efforts to support our military Thought it was scarcely worth his while been pivotal in the efforts we have families and to cast votes alongside To waste much time on the old violin, made thus far in the fight against this him to force Congress to be more fis- But held it up with a smile. ‘‘What am I bidden, good folks,’’ he cried, devastating disease. cally responsible. ‘‘Who will start bidding for me? Here in the Senate, we will miss Sen- Here in the Senate, we will miss JIM A dollar, a dollar’’—then, ‘‘Two!’’ ‘‘Only two? ator FRIST’s dedication to Africa and JEFFORDS’ thoughtful leadership, his Two dollars, and who’ll make it three? his hard work to find a cure for HIV/ independence, and his friendship. He Three dollars once; three dollars, twice; AIDS. I thank him for his service and was a valued ally on so many issues, Going for three—’’ But no, wish him all the best in his future en- and I wish him all the best in his re- From the room, far back, a gray-haired man deavors. tirement. Came forward and picked up the bow; JIM JEFFORDS LINCOLN CHAFEE Then, wiping the dust from the old violin, Mr. President, today I want to pay Mr. President, today I wish to thank And tightening the loose strings, He played a melody pure and sweet tribute to Senator JIM JEFFORDS, a LINCOLN CHAFEE for his 7 years of serv- As a caroling angel sings. man who has honorably served ice in the Senate and to recognize the The music ceased, and the auctioneer Vermont and this country in the U.S. many contributions he has made dur- With a voice that was quiet and low, Senate since 1989. The people of ing his time in this body. Senator Said, ‘‘What am I bidden for the old violin?’’ Vermont have been fortunate to be rep- CHAFEE is a soft-spoken man, but he And he held it up with the bow. resented by a man who is as principled has not been afraid to take courageous ‘‘A thousand dollars, and who’ll make it two? and dedicated to serving our Nation’s stands, even when that meant standing Two thousand! And who’ll make it three? best interests as JIM JEFFORDS. alone in his own party. From the mo- Three thousand, once; three thousand, twice; Senator JEFFORDS will long be re- ment he arrived in the Senate, it was And going, and gone!’’ said he. membered for his courage and convic- clear that Senator CHAFEE would not The people cheered, but some of them cried tion and for his bold decision to leave only honor his father’s outstanding ‘‘We do not quite understand the Republican Party and become an legacy but that he would become a re- What changed its worth?’’ Swift came the reply: Independent. Never straying from his spected leader in his own right. ‘‘The touch of the master’s hand.’’ principles and his commitment to rep- Working with him on so many issues And many a man with life out of tune, resenting the interests of his constitu- over the last several years, I have come And battered and scarred with sin, ents, Senator JEFFORDS made this deci- to know Senator CHAFEE well and to Is auctioned cheap to the thoughtless crowd, sion despite the consequences for him appreciate just how dedicated he is to Much like the old violin. personally. He knew his decision would serving the people of Rhode Island and A ‘‘mess of pottage,’’ a glass of wine; enable him to better serve the people of the people of this great Nation. A game—and he travels on. Vermont and this Nation. His convic- I don’t know anyone in this body He’s ‘‘going’’ once, and ‘‘going’’ twice, tion was also clear when he voted more committed to fiscal responsi- He’s ‘‘going’’ and almost ‘‘gone.’’ against authorizing the President to bility than LINCOLN CHAFEE. He is abso- But the Master comes, and the foolish crowd lutely as tough as they come on that Never can quite understand use force in Iraq. He has also been an The worth of a soul, and the change that’s unyielding voice for upholding civil lib- issue, and he was tireless about holding wrought erties and seeking to eliminate dis- Congress’s feet to the fire. On pay-as- By the touch of the Master’s hand. crimination in the workplace, and I you-go legislation, on the congres- —Myra Brooks Welch greatly respect him for his outspoken sional pay raise, and on so many BILL FRIST leadership on these critically impor- issues, Senator CHAFEE demanded that Mr. FEINGOLD. Mr. President, today tant issues. Congress take fiscal responsibility seri- I want to pay tribute to Senator BILL I am proud to have worked with him ously when it counted and not simply FRIST, who has served Tennessee in the on other widely ranging issues over the pay lip service to the issue when it is U.S. Senate for the last 12 years, the years. I want to particularly thank convenient. It has been a pleasure to

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.037 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11257 work with him on this issue, and I am I thank him for his leadership and his the mastery of complicated, nuanced, grateful for his efforts. service to Ohio and our country, and I and often seemingly insoluble problems Senator CHAFEE has been a strong wish him all the best as he moves on to at home and in the wider world. It’s supporter of campaign finance reform begin a new chapter in his distin- the record as well of a public servant and of environmental protection and guished career. who responded to the Nation’s call to conservation, and I appreciate his work PAUL SARBANES deal with some of the most difficult on those critical issues. Before I close, Mr. KENNEDY. Mr. President, for challenges of corruption and incom- I also want to recognize Senator many of us on this side of the aisle, petence in our lifetime. CHAFEE’s vote against the war in Iraq, there is a feeling of excitement and From the impeachment proceedings which is one of the most courageous possibility for the next Congress. But against President Nixon, to the Iran- votes I have seen cast during my time sadly, that Congress will no longer contra investigation and the White- here in the Senate. That was a hard have the wise counsel, extraordinary water hearings, to the way he shone a vote for many Members of this body, talent, and perceptive insights of our bright light on the outrageous and but to be the only Member of his party friend and colleague of many years, the predatory lending practices that ex- to oppose the war must have been espe- outstanding senior Senator from Mary- ploit lower-income Americans and keep cially difficult. But, as always, Senator land, PAUL SARBANES. so many hard-working citizens mired CHAFEE did what he thought was right, Over the course of his 30 years in the in poverty, PAUL SARBANES was a Sen- and we have seen just how right he was Senate, PAUL has been a consistently ator who could always be relied on to to vote against this war, which has eloquent voice of reason, compassion, take the assignment seriously, prepare been so harmful to our national secu- and great intellectual depth. He has brilliantly, and make decisions on the rity. brought nothing but dignity to this facts, on the rule of law, and his firm With every vote he has cast and historic Chamber, and he eminently de- belief in the need for justice and fair- every position he has taken, Senator serves his place of honor as the long- ness in public life. CHAFEE has conducted himself with the est-serving Senator in the history of Needless to say, he was a match for utmost integrity and earned his col- the State of Maryland. even the best of witnesses. I doubt that leagues’ utmost respect. While he and I As a member of the Banking Com- any other Senator could go head-to- certainly haven’t agreed on every mittee, he has been a respected leader head with a witness in a hearing as issue, I always appreciate his thought- in expanding and enhancing the eco- skillfully as PAUL SARBANES could do ful approach to our work here and his nomic vitality of America, especially with Alan Greenspan. strong commitment to the highest urban America, through his strong sup- PAUL has also been a profile in cour- ideals in public service. I know that port for housing, transportation, and age. He voted for what he thought was the work he has done here has made a financial policies that make sense for right, without regard to the political lasting mark on our Nation for many the Nation and its people. In recent consequences. And as his long and years to come. I will miss serving with years, he guided into law one of the strong support by the people of Mary- him in the Senate, and I wish him all most significant reforms of corporate land made clear, they respected him all the best. governance in more than half a cen- the more because of it. MIKE DE WINE tury. Few Senators we have been blessed to Mr. President, I am pleased to pay As a member of the Foreign Rela- serve with can match PAUL SARBANES tribute to Senator MIKE DEWINE, who tions Committee, he has been a highly when it comes to decency, intelligence, has served Ohio, and the Senate, with respected voice on many of the most or mastery of policy. It is a privilege to honor and integrity during his 12-year serious challenges we face on foreign listen to him and learn from him in tenure in this body. policy. He was an opponent of the war Senate debate. He can champion a pro- I am pleased to have worked with in Iraq from the beginning, and he was posal he favors with great skill and elo- him on a wide range of issues over the a leader in the Iran-contra investiga- quence, and he can also utterly dissect years, including reforming children’s tion in the 1980s. a flawed proposal point by point. It can health care and Medicaid. We also He believes deeply in the importance be a very distressing experience to op- worked together quite frequently on of public service. Drawing on his wide pose him on an issue and have him do other issues of importance to this Na- learning, he often speaks about the the same thing to your side of the ar- tion, and he has been a valuable col- great importance that the ancient gument. league on both the Senate Judiciary Greeks placed on public service. I un- I am fortunate to have supported Committee and the Senate Select In- derstand he tells young students that PAUL many more times than I opposed telligence Committee. Although we did in ancient Athens, people who involved him. But regardless of which side you not see eye-to-eye on every issue, we themselves only in private life were were on, his motivation in debate was found common ground on several ini- called ‘‘idiotes,’’ which is the original always clear—to achieve the best out- tiatives including passing stricter anti- source of the word ‘‘idiot’’ in English. come for the public good, and to do so trust legislation. PAUL has always been a strong de- by opening his opponents’ eyes and Together with Senator DICK DURBIN, fender of the highest ideals of the minds, not by harshly attacking their we introduced the Clean Diamonds Act, United States at home and for a peace- positions. a bill to ensure that the United States ful world that respects human rights. Author Elizabeth Drew well captured is not participating in the conflict dia- Because of his leadership and the this quality of PAUL in her assessment mond trade. This bill would prohibit policies he has long championed, Amer- of life in Washington during Watergate. the importation of diamonds from ica’s cities are reclaiming their histor- She wrote of the young Baltimore Con- countries that fail to implement a ical role as the heart of American com- gressman who, with just 3 years in Con- clearly articulated system of controls merce and culture, and today’s share- gress, found himself in the thick of the on rough diamonds. Senator DEWINE holders have new confidence in the in- House impeachment proceedings believed in the international commu- tegrity of the stocks and bonds they in- against President Nixon. He won the nity’s responsibility to stop the trade vest in and depend so heavily on. attention and respect of the Nation in conflict diamonds, and I have been It is a record of accomplishment that when his colleagues on the House Judi- proud to work with him in that effort. has improved the lives of millions of ciary Committee chose him to be the I also want to take a moment to rec- our people and has helped to restore manager of the first article of impeach- ognize Senator DEWINE’s dedication to faith in American business, at a time ment, for obstruction of justice. As Liz honoring fallen service members from when public confidence in corporate Drew wrote: Ohio. By coming to the floor to pay America was badly shaken and storm tribute to those who gave their lives in History and process lift people, and they clouds were gathering over the Amer- have lifted this group—and given the public Iraq and Afghanistan, he has reminded ican economy. a chance to see it. PAUL SARBANES would not all of us of the tremendous debt we owe It is also the record of a patient, de- have looked at all bad at the Constitutional these brave men and women in uni- liberative, and active Senate work- Convention; he might have been one of the form. horse, who has dedicated his career to great ones.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.016 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11258 CONGRESSIONAL RECORD — SENATE December 6, 2006 I certainly agree. As we say farewell nancial literacy makes it harder for Each and every day, PAUL dem- to this outstanding Senator of our families to deal with the difficult deci- onstrates that politics can be an honor- time, we will forever be grateful to this sions they are confronted with daily. able profession. It should be an honor- Greek immigrant son of Maryland for Senator SARBANES organized the first able profession, and I can think of no all he has done to make our country set of hearings on the issue of financial better model for that ideal than PAUL and our world a better place, and for literacy and led the creation of the Fi- SARBANES. consistently elevating the quality of nancial Literacy and Education Com- In Senator SARBANES’ tenure as both life in the Senate we all love so deeply. mission, the purpose of which is to pro- chairman and ranking member of the Fifty years ago, PAUL was a young mote financial literacy and education Committee on Banking, he led the student at Oxford University in Eng- among all American consumers. fight on behalf of working-class Ameri- land on a Rhodes Scholarship, founded Senator SARBANES has been a cham- cans to ensure affordable housing. He over a century ago by the wealthy pion for Federal employees. Through- was instrumental in developing and en- British statesman whose goal was to out his Senate career, he has fought to acting the National Affordable Housing encourage students in the English- ensure that Federal employees and Act of 1990, legislation that helps speaking world and other countries to members of the military receive equal States, local governments, and non- be involved in public service and ‘‘join pay increases. He understands that the profit organizations work together to the world’s fight.’’ Federal civilian workforce plays a sig- build, buy, and rehabilitate housing PAUL SARBANES has helped to lead nificant role in the support of our that hard-working people can afford. that fight for half a century, and I am Armed Services, and I am honored to PAUL has also worked to protect Amer- sure that Cecil Rhodes would be very join him annually in offering a resolu- icans from unscrupulous lending prac- proud of him. tion calling for pay parity between the tices and discrimination. His hearings We will miss you, PAUL. We wish you military and Federal workers. and legislation on predatory lending and Christine great happiness in the He has been a leading advocate for brought this problem to the attention years to come. You are irreplaceable, consumer protection, increasing access of the Nation, and his work to reduce but we take some comfort in the to affordable housing, and improving the cost of private mortgage insurance knowledge that a new young Sarbanes, public transportation in our country. I helped make home ownership a reality blessed with the same intellect and will miss having my good friend from for millions of Americans. commitment to public service, will be Maryland in the Senate. He has served After Enron collapsed under the joining us in January as a Member of Maryland and the country very well. weight of widespread abuse and ac- the House of Representatives. Millie and I wish him and his family counting fraud, thousands of workers woke up to see their jobs and life sav- PAUL SARBANES the very best. ings gone, investors lost billions, and Mr. AKAKA. Mr. President, I want to PAUL SARBANES the public cried out against corporate express my appreciation for all of the Mr. OBAMA. Mr. President, I rise malfeasance. The credibility of Amer- public service efforts of the senior Sen- today to bid a fond farewell to my dear ican business and our financial system ator from Maryland, PAUL SARBANES. colleague and role model, Senator was on the line. It was Senator SAR- My friend has served in the Senate PAUL SARBANES, Maryland’s longest BANES who brought his intelligence and since 1977, which makes him the long- serving Senator. concern to bear to restore investor con- est serving United States Senator from Senator SARBANES represents the fidence and implement safeguards Maryland. greatest traditions of this body and of against Wall Street abuses. He held It has been a pleasure working with our country. He is the type of Senator comprehensive hearings, nurtured a bi- Senator SARBANES over the years on a we all imagined in high school civics partisan coalition, crafted thoughtful number of issues. In 2001, I was fortu- class—intelligent, diligent, effective, legislation and shepherded it through nate to be added to the Banking, Hous- and thoroughly decent. During the Congress with Representative MIKE ing, and Urban Affairs Committee. At course of 30 years in the U.S. Senate that time, the Senator from Maryland OXLEY in the House. and another 10 years in the U.S. House The Sarbanes-Oxley law was the was serving as the chairman of the of Representatives and the Maryland most comprehensive overhaul of cor- committee and it was a memorable ses- House of Delegates, Senator SARBANES porate oversight laws since the Great sion to be a part of the committee. In defined what it means to be a trusted Depression. It created a standard of the wake of the accounting failures of public servant in America. transparency and accountability to as- Enron and other public companies, PAUL SARBANES grew up on the East- sure investors and protect workers. It Chairman SARBANES conducted a very ern Shore of Maryland, the son of is a towering achievement that will thorough series of hearings which led Greek immigrants who instilled the strengthen the American economy for to the legislation which is now known values of opportunity and fairness in many years to come. as Sarbanes-Oxley. This is landmark their child. Motivated and hard work- It has been an honor and a privilege legislation that has increased cor- ing, PAUL attended Princeton Univer- to serve with Senator SARBANES on the porate responsibility and resulted in sity, studied in Oxford as a Rhodes Foreign Relations Committee. I have more effective oversight of public com- Scholar, and earned a law degree from marveled at his keen intellect and panies. Without the vision, courage, Harvard. commitment to his responsibilities. and ability of my friend from Mary- PAUL first came to the Nation’s at- During committee hearings and com- land, that legislation would not have tention during the Watergate hearings, mittee markups, Senator SARBANES is been possible. Despite numerous obsta- where as a freshman member of the always well-prepared, asks direct, in- cles, he brought about comprehensive House Judiciary Committee he intro- sightful, and important questions, and accounting reform. duced the first article of impeachment, makes sure that no stone goes In addition, I have enjoyed working which related to obstruction of justice unturned. closely with the Senator from Mary- by President Nixon. PAUL’s own ethics He has played a key role in virtually land in trying to improve the financial and integrity are beyond reproach, and all of the significant foreign policy de- literacy of our country. Rising health he has brought dignity and credibility bates that have occurred during his 30 care costs and insurance premiums and to every task. years of service on the committee. As a the lack of affordable housing have In the Senate, PAUL’s legacy reflects freshman, he was involved in the suc- contributed to making the lives of his ideals of opportunity and fairness. cessful ratification of the Panama working families more difficult as they He has continually fought for legisla- Canal Treaties. He worked to enact strain to meet their day-to-day needs. tion to aid veterans, seniors, workers, tough antiapartheid laws in the 1980s. The ability of families to meet their and indeed, all Americans. He is a tire- And he has developed a long and im- increasing financial obligations is less champion for his constituents, his pressive record on international eco- hampered by their significant debt bur- country, and the highest ethical stand- nomics, foreign assistance, and human dens, particularly credit card debt, and ards. As a Princeton alumnus, he has rights issues. by predatory lending practices such as lived Woodrow Wilson’s ideal of The American people have been well refund anticipation loans. A lack of fi- ‘‘Princeton in the Nation’s Service.’’ served by PAUL’s leadership, and this

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.017 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11259 institution would be well served if each throughout his public life—candor, pa- Doctor Gates joined the CIA in 1966, of us was a little more like him. On be- tience, clear and concise answers, no but he served on active duty in the Air half of all of us, and for my constitu- equivocation, no effort to dodge any re- Force from 1967 through 1969 assigned ents, I want to thank him for his serv- sponse which he felt would contribute to the Strategic Air Command. He re- ice and his example. to the RECORD. I commend this distin- joined the CIA upon his release from Let’s wish Senator SARBANES and his guished nominee. active duty and spent over 26 years as wife Christine well in this next phase Then I have to say, with a great an intelligence professional, including of their lives. But let’s also hope that sense of pride, on behalf of the com- a period of nearly 9 years assigned to we will continue to hear PAUL’s voice mittee—not myself or Senator LEVIN the National Security Council. on important policy issues. He may be but on behalf of the committee—the Doctor Gates served as Deputy Direc- retiring from this body, but I suspect vote was unanimous, even though, in tor of Central Intelligence from 1986 his commitment to strengthening this the course of that deliberation there until 1989, and, subsequently, as Assist- country and improving the lives of all were varying opinions of the members ant to the President and Deputy Na- Americans will continue. For that, as of our committee which I respect— tional Security Adviser from January much as for all that PAUL has accom- those varying opinions on what has 20, 1989 until November 6, 1991, for plished through his distinguished ca- happened and what is happening today President George H. W. Bush. Dr. Gates reer in the Senate, we should be grate- in Iraq and in Afghanistan and other was nominated by President George H. ful. I know that I am. troubled parts of the world and what W. Bush, to be the 15th Director of the Mr. President, I yield the floor and our course of action should be for the CIA in June 1991. Dr. Gates is the only suggest the absence of a quorum. future. person who has ever risen from the The PRESIDING OFFICER (Mr. The committee came together and, I ranks to become the Director of Cen- am proud to say, unanimously adopted GRAHAM). The clerk will call the roll. tral Intelligence. The legislative clerk proceeded to the recommendations of the chair to Doctor Gates has been awarded the call the roll. have this nomination go forward to the National Security Medal, the Presi- Mr. WARNER. Mr. President, I ask Senate. dential Citizens Medal, the National It is interesting. One of the strongest unanimous consent that the order for Intelligence Distinguished Service proponents in the course of that delib- the quorum call be dispensed with. Medal on two occasions, and three eration was our distinguished and re- The PRESIDING OFFICER. Without times received the CIA’s highest award, vered colleague, Senator BYRD. He has objection, it is so ordered. been a member of the committee for the Distinguished Intelligence Medal. In September and October 1991, the f many years. I asked Senator BYRD if he Senate Select Committee on Intel- NOMINATION OF ROBERT M. would like to place before the com- ligence under the leadership of Senator GATES, TO BE SECRETARY OF mittee the nomination of Robert David Boren conducted hearings on Dr. DEFENSE Gates. He did so. I seconded it and then followed all members of the committee Gates’s nomination to be the Director voting ‘‘aye.’’ of Central Intelligence. The Committee EXECUTIVE SESSION Senator LEVIN and his staff and all on Intelligence took the testimony of members of the committee—and, in- some 21 witnesses, compiled a record of The PRESIDING OFFICER. Under over 2,500 pages of testimony, and fa- the previous order, the hour of 11:30 deed, my staff—were very helpful in the preparation of the very important vorably reported Dr. Gate’s nomination having arrived, the Senate will proceed to the full Senate. to the executive session to consider the steps that must be taken for this nomination. We didn’t cut any corners. We During the Senate floor debate on Dr. nomination of Robert M. Gates, of Gates’ nomination, on November 4, Texas, to be Secretary of Defense. didn’t rush. We did what I say was a very competent job, consistent with 1991, I complimented Senator Boren on The legislative clerk read the nomi- the thoroughness of his committee’s nation of Robert M. Gates, of Texas, to the finest traditions of the advice-and- consent role which is especially en- work. be Secretary of Defense. I stated, at that time, I had the privi- Mr. WARNER. Mr. President, I am trusted to the Senate. In the brief period since the Presi- lege—and Dr. Gates was very thought- going to initiate our discussion this dent announced his intent to nominate ful yesterday to indicate that—to in- morning on this important nomina- Dr. Gates on November 8, and recog- troduce him to the Intelligence Com- tion. My distinguished ranking mem- nizing the importance of this nomina- mittee for that hearing. In the context ber, Senator LEVIN, will soon join me. tion to our national security, we have of that introduction and then on the I urge all Senators to seek an oppor- worked together to compile a thorough floor of the Senate, this paragraph tunity, if they so desire, to address this record on which the committee and the summarizes my own personal views of very important nomination not just to full Senate can rely with confidence. this extraordinary nominee. the executive branch but, indeed, the Doctor Gates has a long and distin- I said: Nation and, indeed, the world. All eyes guished record of accomplishments and Bob Gates is a very thoughtful man, an are on this nominating process and this service to his community and to the honest man, an experienced official, a good extraordinary candidate who stepped Nation. He completed his under- analyst, a non-nonsense manager, and a man forward to offer his services and the graduate studies at the College of Wil- with a vision of the future direction of the wisdom of our President in finding, se- liam & Mary in the Commonwealth of role of U.S. intelligence. lecting, and convincing this out- Virginia, receiving the prestigious I reiterate those comments in the standing American to, once again, Algernon Sydney Sullivan Award, context of this nomination again serve the Nation—and, indeed, I think which is awarded to graduating seniors today. the whole world—in this important who have distinguished themselves in On November 5, 1991, Dr. Gates was con- post. service to others and to the commu- firmed by the Senate and served with dis- I want to acknowledge the fact that nity. tinction throughout the remainder of former yesterday, with the strong support of He then went on to receive a master’s President Bush’s term. the distinguished ranking member, degree in history from Indiana Univer- Yesterday, at our hearing on this nomination, Senator Boren and our former leader, Senator LEVIN, the Armed Services sity in 1966, and later, a Ph.D. in Rus- Senator Robert Dole, testified in support of Committee, in I believe a very com- sian and Soviet history from George- Dr. Gates’s nomination and urged a new spir- mendable way and a very thorough town University in 1974. I would like to it of bipartisanship as we wrestle with the way, held extensive hearings on Dr. note that in recent years Dr. Gates, problems of national security we, as a Na- Gates, with probably close to 60 hours among various distinguished academic tion, face today. in public and another close to 2 hours posts, served as a trustee of the endow- I ask unanimous consent that Sen- or less maybe in executive session. We ment fund for the College of William ator Boren’s statement and such state- thoroughly examined and cross-exam- and Mary, which in 1998 conferred upon ment as we hopefully will get from ined this nominee. He exhibited those him the honorary degree of Doctor of Senator DOLE be printed in the RECORD extraordinary qualities that he has had Humane Letters. following my remarks.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.101 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11260 CONGRESSIONAL RECORD — SENATE December 6, 2006 The PRESIDING OFFICER. Without honor of serving with many of you, including recommendations and decisions for our na- objection, it is so ordered. my good friends John Warner and Carl tion’s security. (See exhibit 1). Levin. as we focused on remaining steadfast For all these reasons, I am convinced that Bob Gates is an excellent choice to serve as Mr. WARNER. Mr. President, I will and prevailing during the Cold War and on helping the Department of Defense meet the our next Secretary of Defense. Thank you. quote Senator Boren’s remarks of yes- challenges involved in transitioning from Mr. WARNER. Since leaving the CIA terday. Senator Boren stated: the Cold War to a new, and vastly different, in 1993, Dr. Gates served in a variety of During the 6 years that I chaired the Sen- world. I had the opportunity to work closely academic capacities and as the interim with a number of Defense Secretaries and Di- ate Intelligence Committee, I watched Dr. dean of the George Bush School of Gov- Gates effectively work to build a consensus rectors of the CIA. on sensitive issues. Even in the best of times, defending our ernment and Public Service at Texas nation while managing a bureaucracy as big A&M University from 1999 to 2001. On Democrats and Republicans had as the Pentagon, and at the same time bear- August 1, 2002, he became the 22nd equal seats at the table. During these 6 ing primary responsibility for the lives and president of Texas A&M, the Nation’s years, in no small part because of his welfare of our men and women in uniform, is seventh largest university. bipartisanship spirit and his respect for a monumental task. These are clearly not He referred to his work with that the oversight and policymaking role of the best of times. There is no question that university with a great deal of compas- Congress, our committee had only a our nation faces serious challenges on a sion and sentiment yesterday. He said number of fronts. Among those challenges is tiny handful of rollcall votes and none in a very respectful way that it is of them was close. We simply worked the task of rebuilding our forces, who have met and continue to meet extraordinary de- going to be difficult to leave that uni- with each other and with the executive mands in Iraq and Afghanistan. The situa- versity, but he felt the call of the Na- branch, often represented by Dr. Gates, tions in those countries, as well as other tion, the call of the President, had to until a consensus was reached. global demands on our military, including take priority. I believe I am the only current Mem- the new generation of global threats, com- At the hearing yesterday, Dr. Gates ber of the Senate who was a member of pound, by several orders of magnitude, the was questioned about his past service, that committee at that time. All have difficulties that will face our next Secretary about his reasons for returning to Gov- retired from this institution. I remem- of Defense. In particular, the Secretary of ernment, and about his views on Iraq, ber those days quite well. It was a Defense has a critical role to play in addressing the global threats from nuclear, biologi- Iran, North Korea, and the tremendous warming experience to see yesterday. I cal and chemical weapons. challenges that face the United States know full well he won the hearts and The next Secretary of Defense has been today. He acquitted himself remark- minds of all. He is noted for his ability dealt a tough hand of cards. We must have a ably well. to cross the aisle and work out con- Secretary who is open to change, who values Senator LEVIN and I have been here sensus opinions, reach decisions which and gains a realistic and objective assess- together for 28 years. My good friend, are always, in his judgment and the ment of the facts, and who has the experi- who will soon follow me, would agree it judgment of others, in the best inter- ence, judgment, and wisdom to lead the Pen- was one of the more extraordinary ests of our country. This demonstrates tagon during the perilous and challenging times ahead. nomination hearings we have had in Dr. Gates’ qualification for the posi- I have known Bob Gates for at least 20 the many years we have served on the tion of Secretary of Defense. It gives us years, and I believe that we are fortunate Committee on Armed Services, and he a clear indication of how he will lead. that he is willing to serve as our next Sec- was given to unanimous support of I ask unanimous consent to have retary of Defense. Bob Gates is, in my view, each and every member attending that printed a letter in support of the nomi- an excellent choice to lead the Department hearing yesterday. I think we had 100- nation received from a former chair- of Defense in these challenging times. He has percent attendance except a member man of the Committee on Armed Serv- a well-deserved reputation on both sides of the aisle for competency, integrity and ob- attending a funeral. ices, with whom I was ranking member jectivity. He is well qualified, having been I commend the President on his deci- for many years, the Honorable Sam directly engaged on national security issues sion to nominate Dr. Gates. I am con- Nunn of Georgia. for most of his long career. fident he will, indeed, be absolutely There being no objection, the mate- His years in government have given him an fearless in providing expert advice, pro- rial was ordered to be printed in the appreciation of the complexity of the issues fessional advice, his own innermost RECORD, as follows: that he will face as Secretary. He also under- personal feelings about the complex stands how government works best, and issues that face our Nation and, indeed, NUCLEAR THREAT INITIATIVE, knows that, to succeed as Secretary of De- Washington, DC, December 4, 2006. fense, he will need to work cooperatively the world. Hon. JOHN WARNER, with others who impact the national secu- For his fellow Cabinet members and Chairman, rity agenda, including our military leaders, to the Congress, he will be an extraor- Hon. CARL LEVIN, both Democrats and Republicans in Con- dinary new addition, subject to the Ranking Member, Senate Armed Services Com- gress, and particularly this Armed Services confirmation of this Senate, to our il- mittee, U.S. Senate, Washington, DC. Committee, the National Security Council, lustrious role of public servants. DEAR JOHN AND CARL: I wish that I could the State Department, the Director of Na- I have served under three Secretaries attend Tuesday’s hearing to help my friend tional Intelligence and the intelligence com- David Boren introduce Robert Gates, whom I of Defense when I was privileged to be munity, and also the non-governmental com- Secretary of the Navy. Together with believe is immensely qualified to serve as munity. Secretary of Defense. I believe that Bob Gates understands that CARL LEVIN, we have worked with nine Unfortunately, my travel schedu1e pre- our national security and military policy other Secretaries of Defense since that vents me from being with you in person, but cannot remain frozen in time as the world period of time we have been in the Sen- I have asked David to submit the attached changes around us. He understands that, as ate. statement into the Record on my behalf. the facts change, our policies must be flexi- I conclude on another note which I Best wishes, ble enough to acknowledge those facts and to think is very meaningful. Senator SAM NUNN. adapt to those changes. I believe that, if con- Enclosure. LEVIN and I met with the Iraq Survey firmed as Secretary of Defense, Bob Gates Group this morning. I mention that be- will be willing to make the kinds of changes cause this volume represents their re- STATEMENT OF FORMER SENATOR SAM NUNN and new approaches that many of us are con- ON THE NOMINATION OF ROBERT M. GATES, vinced are needed in the days ahead. port. Five very able Republicans, five UNITED STATES SENATE ARMED SERVICES Finally, and perhaps most important at very able Democrats, drawn from the COMMITTEE, DECEMBER 5, 2006 this time in our history, Bob Gates under- private sector, now all in the private Chairman Warner, Senator Levin, and stands that the secret to successful leader- sector, most all of whom have distin- Members of the Committee, although I am ship lies in the willingness to accept counsel guished public service careers of vary- able to join you today, I appreciate the op- and advice from many people, both inside ing types—it is all a matter of public portunity to share with you my thoughts on and outside of government. When facts and record—worked on this report as a con- the nomination of Robert Gates to be our circumstances change or when mistakes are next Secretary of Defense. made, we must have a Secretary of Defense tribution to the security of this coun- As you know, during my 24 years in the who listens, who understands, who corrects try. United States Senate, I spent a great deal of errors rapidly, and who adapts to reality. I I had a small role with FRANK WOLF time focusing on issues pertaining to the na- am confident that Bob Gates will listen, will and others in helping get the Iraq Sur- tional defense. I had the great pleasure and understand, will adapt, and will make sound vey Group constituted and launched.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.030 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11261 They did a very fine job for America, necessarily be completed in a finite re- resources for that purpose. We are militarily indeed, the free world, in reaching a port. To the contrary, his work must spread thin in areas of the world where seri- consensus, in reaching a unanimous go on every day, every week, to make ous threats exist, and there are no easy op- opinion on a series of issues. assessments from the battlefields, tions for extracting ourselves from our military involvement in Iraq. The debate on Iraq, the debate on Af- make assessments internally from the At the end of WorId War II and the begin- ghanistan, the debate on our security men and women in uniform, and per- ning of the Cold War, we also faced threats matters should always reign in this haps some of the counterparts and the that could have overwhelmed us. How we re- Chamber with voices which have dif- civilians who worked so closely with sponded then provides us with an excellent ferent views. How well we know the dif- our men and women in the Department guide for the present. ficulty, particularly in this most con- of Defense throughout the world. First, we brought together people of excep- troversial war, the difficulty of reach- He will be making a contribution to tional talent, like Bob Gates, to serve us without regard to political party affiliation. ing a consensus. the President as our President works Second, leaders like President Truman, a I am proud to say our committee— through deliberations that, no doubt, Democrat, and Senator Vandenburg, a Re- which has among its members a strong were comparable to decisions Lincoln publican, adopted a truly bipartisan blue- diversity of viewpoints about the con- had to make in that critical period he print that provided us with a consistent pol- flicts for which our men and women of served as President. icy for over 40 years without regard to which the Armed Forces are courageously I remember being with our President party controlled the White House or the Con- carrying the torch for freedom— in his office quietly one day. I believe gress. reached a consensus, unanimously sup- it was Memorial Day a year ago. When Third, we did not bear all the burdens of leadership by ourselves. We formed strong al- porting Bob Gates. he pointed to Lincoln, he said he often liances and partnerships based upon mutual I mention those two important chap- reflects on the pressures that were respect. We struck the right balance between ters—temporary chapters—in the his- upon that great President and how he diplomacy, dialogue, and military strength. tory of this institution because I fer- guided this Nation such that we are the We made sure that we were always strong vently believe we must try and work in United States, all 50 States of America enough to act alone if we had to do so, but the Congress with the President to today are one solid, surviving, strong we were wise enough to avoid that situation. reach a consensus on the way ahead in Republic. Also, as Ben Franklin said We must do exactly the same thing now. Iraq. All have to give up a little bit of when he emerged from the Constitu- Partisan polarization, if allowed to continue, will destroy our economic, military, social some of our fixed views which we have tional Convention and was asked, what and moral influence in the world and ulti- tenaciously held for these years of this did they do at the Constitutional Con- mately the fabric of our country. conflict, a conflict now that has gone vention of 1789? He wiped his brow and During his 26 years of service at the Cen- on longer than World War II. In the said, we have given you a republic, if tral Intelligence Agency and at the National spirit of trying to reach that con- you can keep it. Security Council, Bob Gates demonstrated sensus, we owe that obligation to the Part of keeping that Republic is his sincere commitment to bipartisanship. men and women in the Armed Forces keeping faith in the men and women of He served as Deputy Director and Director of who have given so much, who have lost our Armed Forces as we ask them to the C.I.A. under Republican presidents with Democratic majorities in both houses of Con- life and limb, who today are on the take on these burdens. Therefore, it is gress. front lines—whether in Iraq or Afghan- my hope that after our distinguished During the six years that I chaired the istan. President studies carefully the con- Senate Intelligence Committee, I watched That is why, throughout this nomi- tributions of the Iraq group, of his own him effectively work to build a consensus on nation process, I have stressed the need internal assessment, indeed, the chair- sensitive issues. Democrats and Republicans to try to reach a consensus. The nomi- man of the Joint Chiefs of Staff, that had equal seats at the table. During these six nee himself likewise mentioned he he will come to his own conclusions. years, in no small part because of his bipar- hopes to work with a mandate from the But before he makes them public, I tisan spirit and his respect for the oversight and policy making role of Congress, our com- Congress and the President which is de- hope he consults in a bipartisan way mittee had only a tiny handful of roll call rived in a bipartisan way, a consensus with the leadership of this institution votes and none of them was close. We simply opinion. in a private forum and then thereafter worked with each other and with the Execu- As I look upon the current situation, at the time of his own selection in an tive Branch often represented by Dr. Gates we have now the Iraq Study Group Re- announcement to the public. until a consensus was reached. port. The President, very wisely, some In that way I hope we can have a con- I came to respect Bob Gates as a realist 2 months ago, directed every person in sensus, we can show our bipartisanship who faced up to the facts and adjusted to his administration who has some re- in strength. We keep our commitment changing situations. He rejected inflexible ideological positions and worked hard to sponsibility in their portfolios with re- to the men and women of the Armed fashion practical solutions. We badly need gard to national security, and most Forces that this Government, this ex- those qualities right now. specifically the implementation of our ecutive branch, can work as a team on More recently, as a fellow university presi- Armed Forces overseas and our foreign their behalf as we ask them to take the dent, I have watched with admiration his policy, to sit down and search their enormous risks of carrying the torch of leadership n bringing faculty members, stu- minds to come up with ideas and con- freedom wherever they are in the dents and alumni together to increase the cepts as to how this Nation must move world. strength and diversity of Texas A&M where he serves as president. forward in the weeks and the months EXHIBIT 1 Bob Gates knows how to lead large and to come in Iraq—move forward in such STATEMENT OF DAVID L. BOREN, PRESIDENT, complex organizations. He will hit the a way that we can achieve a stable gov- THE UNIVERSITY OF OKLAHOMA, FORMER ground running as Secretary of Defense at a ernment, a government in Iraq that U.S. SENATOR (OKLAHOMA), BEFORE THE moment when we have no time to waste. can provide the security for its Nation, U.S. SENATE ARMED SERVICES COMMITTEE, I am here today not only because I believe a quality of life for its people, and a na- DECEMBER 5, 2006 that Bob Gates has exceptional ability, but tion that, hopefully, will join other na- Mr. Chairman and Members of the Com- also because I have confidence in his per- tions in the free world as a strong mittee, thank you for allowing me the privi- sonal integrity and his sincere desire to lege of joining with my colleague Senator serve our country. working ally in the war against ter- Bob Dole to formally present Dr. Robert M. It was my responsibility to chair the hear- rorism. Gates, the President’s nominee for Secretary ings which resulted in his confirmation to This is the first chapter. The next of Defense. I sincerely believe that at this serve as Director of the Central Intelligence chapter will be the report, presumably critical moment, Dr. Gates is the best pos- Agency. His nomination came to our com- within the executive branch. sible choice for this position. mittee on June 24, 1991. Our scrutiny of this The chairman of the Joint Chiefs—I In my entire adult lifetime, our country nominee was not completed until October spoke with him by phone this morn- has never been faced with more dangerous 18th of that year. All questions which were ing—is working among his peer group challenges. With only 6% of the world’s pop- raised, even those of doubtful credibility ulation, we face economic growth in other were vigorously pursued. and particularly those combatant offi- nations and regions which are likely to bring Part of the final committee report read as cers and men who have served in Iraq, them into economic parity with the United follows: ‘‘By any standard, the consideration served in Afghanistan, to draw to- States in a relatively short time and mili- of this nomination was the most thorough gether their views. His work will not tary parity as well if they decide to use their and comprehensive of any nomination ever

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.032 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11262 CONGRESSIONAL RECORD — SENATE December 6, 2006 received by the committee. Thousands of place Bob McNamara. Make no mistake pressure them to reach a political set- documents were reviewed. Hundreds of wit- about it, history is being made here today. tlement that only they can reach, and nesses were interviewed. The nominee testi- Today, Bob Gates is poised to take the that without it there will be no end to helm at the Defense Department at a time of fied for four long days in open and closed ses- the violence, regardless of improve- sions responding to almost 900 questions and intense debate over the war. Some contend written responses were submitted to almost that, with sufficient time and dedication, ments in the Iraqi military. 100 additional questions.’’ victory is assured. Yet, there is no denying Dr. Gates stated that a major change In short, these thorough proceedings con- that, having overthrown Saddam Hussein, we in policy is needed and that all obliga- firmed the commitment of Bob Gates to have not secured the peace, that Iraq’s bor- tions need to be on the table. faithful and honorable public service. ders remain porous, that the interests and He made it clear that he intends to Today we have an opportunity to embark destabilizing involvement and Iran and Syria consult with the commanders in the upon a new bipartisan path to protect our have not been adequately addressed, and national security. The Senate can do its part that the current power vacuum creates risk field, the Joint Chiefs of Staff, and oth- by quickly and overwhelmingly confirming of an even larger scale sectarian conflict. At ers before recommending a strategy. this talented nominee as Secretary of De- the same time, those who have been calling He stated he would consult with Mem- fense. But confirmation alone is not suffi- for withdrawal or massive date-certain bers of Congress on a bipartisan basis. cient. The President must also do his part by drawdowns should acknowledge that these He agreed that we need to more clearly making sure that he gives great weight to are tactical shifts, not a radical overhaul of identify our objectives and match our the bipartisan spirit and realistic advice our policies, that the removal of Saddam forces to those objectives. He spoke fa- which I believe that he will receive from Dr. from power opened the door to democracy, vorably about the need for specific Robert Gates. and that to realize these are goals worthy of There are those who say it is an imprac- sacrifice and that defeat is not an option, benchmarks for those efforts and the tical and romantic idea that we can replace but the quality of life in many parts of the efforts of the Iraqis. polarization with civility, cooperation and country is better than it was 4 years ago. On the second issue, Dr. Gates placed partnership. To the doubters, I answer that In the American experience, wars that a strong emphasis on the need for bi- we achieved it in the Senate Intelligence enjoy equivocal support from our people usu- partisan solutions to our problems in Committee with the help of Bob Gates only ally end with equivocal outcomes. This is Iraq and other national security issues. 15 years ago. It is not only an option we can why our country must unite behind a strat- He spoke in favor of congressional egy for a successful military mission, a via- achieve with hard work and determination— oversight. He expressed his desire to it is imperative if the United States is to re- ble exit plan, and a recognizable vision for main a world leader. Iraq’s future. I agree with the President that work with Members of Congress in both Bob Gates is the man to make this happen. political parties. STATEMENT OF HON. ROBERT DOLE, FORMER He is a person of uncommon resolve, intel- Moreover, Dr. Gates stated that our U.S. SENATOR FROM KANSAS lect, and strength of character. He has the senior military leaders must be free to force of will to exercise civilian control over Senator ROBERT DOLE. It is on? speak truth to power, to express their the military, but be sensitive to respect the Chairman WARNER. Yes. views directly to the President, the wisdom and counsel of our generals and ad- Senator ROBERT DOLE: Well, Mr. Chairman, mirals, and the men under them... Secretary of Defense, and the Congress. I’m almost—I’m probably here by accident, He also stated that intelligence Mr. WARNER. I yield the floor. because the phone rang at home, and I should not be politicized and that in- picked it up, and the person on the other end The PRESIDING OFFICER. The Sen- said, ‘‘Senator Dole, would you mind intro- ator from Michigan. telligence analysts must be free to producing me at the hearing? and I said, ‘‘Yes.’’, Mr. LEVIN. Mr. President, I support vide their unvarnished views to leaders Then I learned, later, they were calling for the nomination of Robert Gates to be of both the Congress and the executive Elizabeth. So—— Secretary of Defense, as did every branch. He stated to the extent the Of- So — fice of the Under Secretary of Defense [Laughter. ] member of the Committee on Armed Services, under the leadership of Sen- for Policy prior to the Iraq war pro- Senator ROBERT DOLE:—I appreciate the vided a separate avenue for the anal- ator WARNER. fact that she’s on the committee, but I ap- ysis of intelligence information outside preciate this opportunity, and it’ll be very Over the last few weeks, I have met brief. personally with Dr. Gates, reviewed his of the intelligence community that he President John Adams once said, ‘‘If we do record, his response to written policy has ‘‘a problem with that.’’ not layout ourselves in the service of man- questions from the Committee on We will make significant progress in kind, whom should we serve?’’ Bob Gates Armed Services. I listened carefully to Iraq only if a new approach is forth- truly understands this. Granted, I may be a his testimony before the committee coming. We are not going to make sig- little biased, owing to his Kansas roots. It yesterday. At every stage of the proc- nificant progress if we insist on cir- was Kansas where he first learned the mean- cling the wagons, denying any mis- ing of service, while growing up in Wichita. ess I have been favorably impressed by His appreciation for the interests of others Dr. Gates’ candor, his forthrightness, takes have been made, and staying the grew as a student at William and Mary and and by the direct answers he has pro- course. We are not going to make sig- throughout his years as a career intelligence vided to our questions. nificant progress until the administra- official and through his subsequent leader- The American people in November tion comes to grips with what is hap- ship of our intelligence services, and, most demonstrated their strong desire for pening on the ground in Iraq and lis- recently, in his stewardship at Texas A&M, two important changes in our Govern- tens to the views of the Congress, the one of our Nation’s outstanding universities. ment. One is a change in policy on American people, and others who have Through it all, Bob Gates has given of him- had differences with the administra- self in this great tradition to our Nation and Iraq. The second is a change in the at- our people. mosphere in Washington. On each of tion. Mr. Chairman, as we convene, our Nation’s these issues, Dr. Gates’ performance Dr. Gates’ confirmation as Secretary defense policy is dominated by a single issue: has been exemplary. of Defense will not by itself solve our the war in Iraq. Even those critics of the war He has also provided a dose of reality problems in Iraq. Indeed, as he ac- who want us to withdraw soon or cut our and straightforward honesty relative knowledged, the key decisions on Iraq forces substantially acknowledge that the to Iraq. Dr. Gates’ willingness to iden- will continue to be made by the Presi- stakes are high. I believe we can agree with dent of the United States, not by the our President, who has said, ‘‘This is a mas- tify past mistakes was notable. He in- sive and difficult undertaking. It is worth cluded in a list of those mistakes, when Secretary of Defense. our effort, it is worth our sacrifice, because he was asked, inadequate troop levels On the key issues of Iraq, and the at- we know the stakes. The failure of Iraq de- at the outset of the operation, dis- mosphere in Washington, however, his mocracy would embolden terrorists around banding of the Iraqi Army, de- testimony was very encouraging in- the world, increase dangers to the American Baathification measures that went too deed. Dr. Gates’ testimony on other people, and extinguish the hopes of millions far. He acknowledged we are not win- issues was positive as well. For exam- in the region.’’ ning overall in Iraq, with the impor- ple, he stated his belief that we should At this critical hour, Mr. Chairman, you engage with North Korea, Iran, and and your committee have gathered for an ex- tant caveat that our troops continue to ceedingly rare act, the confirmation of a new perform superbly and have yet to lose a Syria, and that he is open to the possi- Secretary of Defense in wartime. The last single battle. bility of doing so on a bilateral basis, time this happened was in 1968, when Presi- He agreed we need to communicate a even though, understandably, he does dent Johnson nominated Clark Clifford to re- sense of urgency to the Iraqis and to not have any great expectations that

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.013 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11263 such discussions would lead to signifi- States was Al Gore because the Presi- times privately and personally, other cant improvements. This kind of will- dent had not been sworn in until Janu- times very publicly, like this is. But I ingness to engage in at least discus- ary 20, and the Congress was 50–50 on just want to let him know that he has sions with those who disagree with us January 3, I actually was chairman for not only been one great friend, his wife has too often been hard to find in the 17 days and Senator WARNER was rank- Jeannie and Barbara and I have been administration. ing member for that short period of great friends, and we will continue to I support Dr. Gates’ nomination. I time before he took over again as be. wish him luck as he undertakes these chairman of the Armed Services Com- As he frequently points out, we came immense challenges facing the Depart- mittee. Because of the rules of his cau- here together, which is a special bond ment of Defense. cus, which are totally the business of between us—which it is for all Mem- I want to comment on two other the Republican caucus, Senator WAR- bers of the Senate. Members of their issues, one that Senator WARNER made NER will now take on other responsibil- class are usually the ones they are reference to, and that is the Baker- ities in this institution. But his civil- closest to, just like in high school. Hamilton report. That report proposes ity, his sense of this institution, his bi- That has nothing to do with party la- a welcome change in direction for our partisanship—which is again reflected bels or affiliations. That has every- policy. It urges the administration and in the remarks which he made today, thing to do with relationships, going all of us to come together politically and reflected in what he has urged the through the same process together and on a bipartisan basis. It also suggests President to do and what he urged Dr. going through the same hoops and that the only way we can maximize the Gates to do in terms of discussions jumping the same hurdles together. chances of success in Iraq is if the with Members of the Congress—that ef- We have done it together. I relied on Iraqis come together politically and fort on his part is so totally typical of him more than he will ever know, and take over the responsibility for their him as a human being and him as a I will continue to rely on him as a own country. leader, who senses that when it comes member of the committee. But as I un- The ideas they propose in this report to national security policy and defense dertake my new responsibilities, I, are totally consistent with what a policy this country requires bipartisan- again, not only will continue to cherish number of us have been urging for a ship. his advice and friendship, but I will be long time: that we have to pressure the Maybe in other areas the danger is relying on it almost as much as ever. Iraqis to take over, that they have to less of excessive partisanship. Maybe in I thank him, I know, on behalf of all resolve their political differences, and other areas besides national security the members of the committee. that unless those political differences and defense we can get away with being The PRESIDING OFFICER (Ms. MUR- are resolved by the Iraqis that there is partisan, even though we should not. KOWSKI). The Senator from Virginia. not going to be an end to the violence But in this area we cannot, in good Mr. WARNER. Madam President, I in Iraq. conscience, be partisans. We have to be am deeply touched by my colleague’s The discussion in this report about patriots. We are going to have different comments. We have stood toe to toe on reduction in forces is a tool of putting views. Those different views are not this floor. How many times have we pressure on the Iraqis to take responsi- necessarily going to be divided by this walked right out here and looked each bility for their own future. We cannot aisle, but those different views are re- other in the eye, and sometimes with a be a security blanket in an unlimited spected, they are welcome. great deal of ferocity disagreed on mat- way for the Iraqis. They, and they Senator WARNER again expressed the ters? But I suppose if you ever asked alone, are going to decide whether they importance of different voices being Members of the Senate what their have a nation or whether they have a added to a chorus. But at the end that greatest reward for service in the Sen- civil war, and we cannot get in the way chorus, hopefully, will be singing the ate would be, certainly high among of the Iraqis if they are determined to same song about the security of this those rewards is the personal associa- have a civil war. country, with different voices from dif- tion with Members. Finally, I want to say a word about ferent places but talking about the I have calculated, I say to the Sen- Senator WARNER. same goal, which is the national secu- ator, in the time we have been here The fact that this nomination is rity of the Nation. these 28 years there have been 241 dif- coming to this floor with a unanimous Another goal which he has cham- ferent Senators we have come to know vote is, in part at least, the result of pioned is the support for the men and and shared the work of this great insti- the efforts of Senator WARNER. Obvi- women of the Armed Forces. They tution. We have shared it with them. ously, we all have decided that Dr. never had a greater champion. They But you have been very special, a good Gates deserves our confirmation. But, have had great champions in this body, friend. We do not always agree, but as is always the case with Senator on the Armed Services Committee, off that is all right. That is one of the WARNER, the process which was used the Armed Services Committee. They foundations of this country. But I do here was thorough, fair, and consistent have had great champions. They de- hope perhaps together we can work on with senatorial traditions: that we serve great champions. They have had forging this consensus which I feel so look at nominees, ask hard questions, a great champion in JOHN WARNER. strongly about, and you feel so strong- be thorough. The men and women of the military ly about, because this is one of the His respect for this institution is not who put their lives on the line for this most unusual chapters of the history of exceeded by anybody, as far as I am Nation deserve the kind of support America. concerned, in this institution. It is es- they get from JOHN WARNER. He is an I say to the Senator, you mentioned sential to the Senate that we have this example that all of us follow, I hope, or my association with the men and kind of respect, not just for each other, at least try to follow when we look at women of the Armed Forces. I was as important as that is—and clearly his what the needs are of the men and privileged to serve as a 17- or 18-year- civility in that regard is also exem- women of the Armed Forces in uni- old sailor in the last year of World War plary—but that we also have great reform, and out of uniform, who take the II and later in the Marines during the spect for the procedures, processes of risks for us and whose families take Korean conflict. I mention that only this institution. the tragic losses and have to face those because my military active duty is of We gave Senator WARNER a little losses every moment of every day in no great consequence. I just did what tribute yesterday as we were voting in that their loved ones are in harm’s millions of others have done—no great executive session, a little plaque that way. valorous contribution, but I did my had three gavels on it. Those three gav- So I just want to—as we bring, I duty. But I got to know those people els represented the three times actu- guess, this last nomination to the and what it is that inspires a young ally that Senator WARNER has been the floor, which is brought to the floor by person to volunteer. chairman of the Armed Services Com- Senator WARNER as chairman of the Then my work as Secretary of the mittee; one of which was kind of committee—pay him tribute on behalf Navy in the final years of that turbu- unique just because for 17 days in 2001, of the whole committee. We all, in our lent period in Vietnam, we emerged when the Vice President of the United own way, speak to him about it, some- with the All-Volunteer Force, which is

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.038 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11264 CONGRESSIONAL RECORD — SENATE December 6, 2006 the most extraordinary military force vote that will take place, but in my issued a stunning indictment of the ad- in the world today. Nothing com- heart of hearts, I think there will be a ministration’s policy toward Iraq. parable. strong consensus when, hopefully, the The study group has concluded that If you look back in military history, vote on Mr. Gates is taken in the Sen- the ‘‘situation in Iraq is grave and de- there used to be not only conscripts, ate. teriorating’’ and that ‘‘sectarian con- but they used to go out and lock them I thank my colleague for his strong flict is the principal challenge to sta- up. It is noted in the Navy, they would effort to make all of this possible. bility.’’ go back and hijack innocent civilians I believe our colleague from Texas The group’s report explicitly rejects and put them onboard ships, and the wishes to address the Senate. the strategy of staying the course. As Navy would keep them there for 2 The PRESIDING OFFICER. The Sen- it states, ‘‘Current U.S. policy is not years. They never got off the ships. But ator from Texas is recognized. working, as the level of violence in today we have this All-Volunteer Mrs. HUTCHISON. Madam President, Iraq is rising and the government is Force. And decisions in the military I have a motion which is in order, but not advancing national reconciliation. are made around the dinner table—we I need to hold off because another per- Making no changes in policy would say, the families—and therefore they son involved is not here. I have given simply delay the day of reckoning at a are a vital part of it. him my word that I would wait. So if high cost. Nearly 100 Americans are So I am so proud to work with you Senator LEVIN has something to pro- dying every month.’’ Truer words were and the members of the committee. ceed with, I suggest that Senator LEVIN never spoken. And I say to the Senator, you are going proceed. The study group calls for ‘‘new and to do a fine job as chairman. You had The PRESIDING OFFICER. The Sen- enhanced diplomatic and political ef- that briefly for a while, and now you ator from Michigan. forts in Iraq and the region, and a have it again. We are there to support Mr. LEVIN. Madam President, Sen- change in the primary mission of U.S. you in your capacity as chairman and ator KENNEDY is here. I ask unanimous forces in Iraq that will enable the do everything we can. consent that after Senator KENNEDY United States to begin to move its I hope one of the earliest challenges has completed, Senator HUTCHISON be combat forces out of Iraq responsibly.’’ out of the box, as we say, in January recognized again in the event she is Significantly, this group of distin- 2007—just weeks away, surprisingly— prepared to go at that time. guished leaders has called unanimously will be that we can work on a con- Mrs. HUTCHISON. Madam President, for change in our military mission of sensus in the supporting of our Presi- I just ask how long does Senator KEN- engaging in combat directly to a new dent and supporting the men and NEDY expect to speak? mission of supporting the Iraqi army women of the Armed Forces as we Mr. KENNEDY. Probably 6, 7 min- and beginning to withdraw our combat chart the future direction for Iraq and utes. troops. The report sets a clear goal for other conflicts. Mrs. HUTCHISON. I thank the Chair. achieving this shift in mission and be- I mentioned the report of the Baker The PRESIDING OFFICER. Is there ginning the redeployment of our forces commission, I say to Senator LEVIN. I objection? Without objection, it is so by the first quarter of 2008. The report am just looking through it. We were ordered. states clearly that ‘‘the United States both in there this morning. But they The Senator from Massachusetts is must not make an open-ended commit- said the following on the first page: recognized. ment to keep large numbers of Amer- Our country deserves a debate that prizes Mr. KENNEDY. Madam President, ican troops deployed in Iraq.’’ substance over rhetoric, and a policy that is before making these comments on the Instead, the report calls for clear adequately funded and sustainable. The Baker-Hamilton report and on the commitments from the Iraqi govern- President and Congress must work together. nominee for Secretary of Defense, I ment on reconciliation, along with Our leaders must be candid and forthright join with my colleagues on the Armed with the American people in order to win clear consequences for our military, their support. Services Committee in paying tribute political, and economic assistance if to an extraordinary friend and incred- The reason I urged the President to the commitments are not met. ible Senator and a magnificent leader, come and visit privately with the lead- The report also calls for talks that the chairman of the Armed Services ership of the Congress before his final include all of Iraq’s neighbors in the re- Committee. I think all of us who have decisions was a reflection of the man- gion, especially Iran and Syria, and for been on that committee know of its date of the people in this most recent a new diplomatic initiative to resolve importance in terms of its responsibil- election. I believe they spoke very the Israeli-Palestinian conflict. ities for the security of our country. It The American people are demanding loudly. This war was heavily influ- has been a place of extraordinary lead- change in Iraq, Robert Gates, the encing the judgment they made when ership historically for this Nation at nominee for Secretary of Defense, has they went to those polling places. very challenging times. This report stresses the need for that agreed we need change, and now the bi- Having had the greatest public honor public support. The young men and partisan Iraq Study Group rec- of representing the people of Massachu- women who go out and take these bur- ommended a clear change in the way setts and being on that committee now dens on want to feel that every Amer- forward in Iraq. for some 25 years, I join my friends in ican citizen is behind them as they per- The verdict is in. There can no longer the unanimous acclamation to a very form their duties. be any doubt that the violence and Further, this report says, on the next extraordinary individual, our chair- chaos in Iraq are getting worse, that page: man, JOHN WARNER. I thank him so our current strategy is failing, and much for his service to our country What we recommend in this report de- that we need to work together on a new mands a tremendous amount of political will over a long and very distinguished ca- strategy that will make it possible for and cooperation by the executive and legisla- reer. I grew up in a family that be- us to bring our troops home. The only tive branches of the U.S. Government. lieved that individuals can make a dif- question is whether the White House It demands skillful implementation. It deference, and JOHN WARNER has made an will heed this clarion call and agree to mands unity of effort by government agen- extraordinary difference to this Com- change the perilous course we have cies, and its success depends on the unity of mittee, to the Senate, and to the coun- been on in Iraq since Saddam Hussein the American people in a time of political try. I consider myself fortunate to have fell and the chaos began. polarization. Americans can and must enjoy the right of robust debate within a democ- served on the committee and to call More of the same failed policy that racy. Yet, U.S. foreign policy is doomed to him my friend. depends on an open-ended commitment fail—as is any course of action in Iraq—if it Mr. WARNER. Madam President, of our military will not bring America is not supported by a broad, sustained con- from the depth of my heart, I express closer to success. It will not stop the sensus. The aim of our report is to move our my appreciation to the Senator and violence. It will only continue to un- country toward such a consensus. others who have reflected those senti- dermine our own national security in- We have had two chapters. We have ments. terests. had this and the vote of the committee Mr. KENNEDY. Madam President, Iraq is the defining issue of our time, yesterday. I do not wish to predict the this morning the Iraq Study Group and the person who will have a major

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.040 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11265 voice in meeting the enormous respon- Mr. WARNER. I hope at that time we overrun by outside forces, and a gov- sibility of recommending the new can make a unanimous consent to take ernment that will be stabilized itself course will be the new leader we are such time as the Senator needs. for the good of its own people? confirming today as the Secretary of Mrs. HUTCHISON. Madam President, Dr. Gates’ background is going to be Defense. I ask unanimous consent that we be perfect also at this particular time be- The American people are demanding able to move that adjournment time cause he has worked across the aisle. far more than a change of faces at the until after the motion I wish to make He has worked in intelligence, which is Pentagon. They are demanding—and is done and Senator DEMINT has a not a partisan issue. So I believe his they deserve—a comprehensive change chance to respond. experience and his ability—acknowl- in our policy so that we finally have a The PRESIDING OFFICER. Is there edged by all—to work with others is policy on Iraq that is worthy of the objection? Without objection, it is so the right formula for leading our De- enormous sacrifice, commitment, and ordered. partment of Defense and working as valor of our men and women in uni- Mrs. HUTCHISON. Madam President, one of the President’s closest advisers. form. I would like to take this opportunity I am very pleased that he has accept- Although I voted against the nomina- to speak on behalf of Dr. Robert Gates ed this huge challenge. Texas A&M is a tion of Robert Gates to head the CIA in to become the next Secretary of De- great university. It is a university that 1991, I support his nomination to be fense. I am very pleased to stand in has a unique spirit, and it is a military Secretary of Defense, because he as- support of this great man. I have got- spirit. So many of our heroes from past sured the committee that he would be ten to know him, working with him as wars have graduated from Texas A&M an independent thinker and give candid president of Texas A&M University University. He has kept this military and frank advice to the President and, before that, as the head of the connection, his intelligence connec- about a way forward in Iraq. Bush Library there. I have found him tion, and his ability to work with oth- During the confirmation hearing yes- to be a thoughtful, visionary leader ers, all making him the very best terday, Dr. Gates spoke with candor—a who is a perfect fit for what we need in choice for the President. candor that has been sorely missing the Department of Defense at this cru- I, for one, know this man and am from the Department of Defense under cial time. very confident that he is the right this administration. He recognized the I was very pleased to see the Senate choice. I look forward to working with high price that our troops are paying Armed Services Committee overwhelm- him to make sure we are doing the right thing in the war on terror, which for the current policy. ingly and unanimously approve his He clearly stated that we are not nomination and bring it to the floor. I is bigger than just Iraq. It is Afghani- stan. It is all over the world where ter- winning in Iraq and that all options for thank Chairman WARNER and Ranking rorists are harming people and are tak- a way forward are on the table. Member LEVIN for acting expeditiously He assured me personally that he on the nomination because, of course, ing away part of the freedom for which would speak candidly, frankly, and when there is a transition in place, you we stand. And we don’t want that to happen. We have to beat the terrorists, boldly to people at both ends of Penn- need to have the leader confirmed. and I want to beat them where they sylvania Avenue about what he be- American military personnel are are, not have them come to America lieves and what he thinks needs to be bound by the core values of duty, ever again and hurt American citizens done. He told me that he is not coming honor, and country. GEN Douglas Mac- and people who live and work in Amer- ‘‘back to Washington to be a bump on Arthur articulated this during his famous address to cadets at West Point ica. a log.’’ He assured me that he will be I think Bob Gates is the right person ‘‘independent’’ and that he ‘‘will con- in 1962. Dr. Bob Gates certainly understands to advise the President, to work with sider all of the options.’’ the President, to implement the Presi- the meaning of these values. Dr. Gates He said that he is open to dialogue dent’s policies and bring this war to a had not anticipated returning to Gov- with Iran and Syria. conclusion with only one thing to be We all hope the administration will ernment service. He said he has never said, and that is, a conclusion that is a quickly set a new course that will en- enjoyed any position more than being victory. president of Texas A&M University. able our troops to begin to come home. Madam President, I yield the floor. We need more than a new face—we That makes me proud in itself. But in The PRESIDING OFFICER. The Sen- need a new policy. wartime, he said he could not refuse ator from Virginia. Our men and women in uniform who the President’s request. Mr. WARNER. Madam President, I are making the ultimate sacrifice in Over the last 40 years, Dr. Gates has suggest the absence of a quorum. Iraq deserve no less, and I look forward gained experience that makes him The PRESIDING OFFICER. The to working with Dr. Gates on these im- uniquely qualified to serve as our 22nd clerk will call the roll. portant issues in the months and years Secretary of Defense. He stands ready The assistant legislative clerk pro- ahead as he assumes the responsibility to provide leadership that America ceeded to call the roll. of Secretary of Defense. needs to achieve victory in the war on Mrs. HUTCHISON. Madam President, I yield the floor. terror. He has been a commissioned of- I ask unanimous consent that the order Mr. WARNER. Madam President, I ficer in the Air Force, serving in the for the quorum call be rescinded. thank our colleague for his distin- Strategic Air Command. He holds a The PRESIDING OFFICER. Without guished participation on our com- Ph.D. in Soviet history from George- objection, it is so ordered. mittee for these many years. He was town University. He has held numerous UNANIMOUS CONSENT REQUEST—H.R. 5385 with us all day yesterday in regard to positions within the intelligence com- Mrs. HUTCHISON. Madam President, the hearing. The Senator’s questions munity, including Director of the CIA I rise today to speak on behalf of the were very pointed. I am delighted to and Deputy National Security Adviser. brave men and women who are defend- hear of his support. In 2002, he became president of Texas ing our country around the world and At this time, I think the Senator A&M, our Nation’s sixth largest uni- for those valiant veterans who have from Texas is ready. versity. served and are now home. Mrs. HUTCHISON. Madam President, Most recently, he was also a member On November 14, this Senate passed we are still in negotiation on the point. of the Iraq Study Group that has just the Military Construction and Vet- If no one else is here, may I make my made its report today. He was a mem- erans Affairs appropriations bill. I was statement on behalf of Bob Gates? ber until his nomination as Secretary on the Senate floor for 5 hours, and Mr. WARNER. Absolutely. Now of Defense. I believe that also has pro- every Senator had ample time to de- would be the time to do it. vided him with a good background on bate any part of this bill. Several Sen- I wish to inquire of the Presiding Of- what is needed on the issue he faces so ators spoke. In the end, this bill was ficer, is there not an order to stand in starkly right now; that is, what we do agreed to by the entire Senate by a recess at 12:30? in Iraq, what do we do that allows the unanimous vote. It is a good bill. It is The PRESIDING OFFICER. The Sen- Iraqi people to have a government that a bipartisan bill. It is one that we have ator is correct. is stable, a government that cannot be worked on together for months.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.020 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11266 CONGRESSIONAL RECORD — SENATE December 6, 2006 We are at war. We have to care for Omnibus appropriations bill, with port does not exceed the amount in the Fu- the men and women fighting this war, thousands of earmarks in an ture Years Defense Plan. and we have to take care of them when unamendable form. Therefore, Madam 2. Each spending item contained in the conference report must be contained in ei- they return. This bill funds the vital President, I object. ther the House or Senate bills and must not infrastructure our brave soldiers, sail- The PRESIDING OFFICER. Objec- exceed the higher of the two amounts for ors, and airmen and women need to de- tion is heard. The Senator from South that specific provision. fend our country. They must have the Carolina. 3. The total spending level in the Military funding to operate bases with sufficient Mr. DEMINT. Madam President, over Construction and Veterans Affairs and Re- facilities and protection so they can the last several weeks, I have made it lated Agencies Appropriation Bill shall not exceed the current 302(b) allocations. fulfill the mission we ask of them. clear that I believe this bill, which is a Thank you for your leadership and willing- The bill also provides critical dollars good bill, needs to stay clean of addi- ness to do the right thing for American tax- to care for those veterans who were in- tional appropriations and earmarks if payers. jured in battle. This bill provides funds it is to go to conference. I was asked by Sincerely, for medical services and mental health the members of the Senate steering JIM DEMINT, treatment for veterans suffering from committee to protect their interests in TOM COBURN, the wounds they received in battle. keeping these appropriations bills JIM INHOFE. They are not only suffering from obvi- clean. Mr. DEMINT. Madam President, the ous wounds, thousands are suffering I informed the leader that the steer- leader then told me he wanted to talk from traumatic shock and mental an- ing committee did not believe it was with Senator HUTCHISON and the chair- guish. Thousands are suffering from wise to send a bill to conference with- man of the Appropriations Committee diseases for which we don’t even have a out an understanding of what the con- before he responded to the letter. Sen- treatment. This bill funds the research ference agreement would look like. I ator HUTCHISON agreed to the param- for that treatment. have made it clear that all we want is eters of the letter. The chairman of the As a nation, we ask our men and a commitment from the leadership and committee, however, felt that he could women to defend and protect us. We the Appropriations Committee that not agree to the request we made in owe it to them. We have an obligation this is what will happen. I am not look- the letter. Unfortunately, that means to care for them. It is a moral obliga- ing for anything extraordinary, a unan- the Military Construction bill will tion and one that I feel is my responsi- imous consent agreement or anything have to wait until next year. I take my colleague from Texas at bility to fulfill. like that. We would be satisfied with a her word when she says she will keep If we adjourn without completing our commitment from the chairman of the the bill clean. I know she will keep the work on this bill, we will let those men committee or the leadership that this bill clean. However, when the chairman and women down. We will let down is what will happen. of the committee says he will not make every American they swore an oath to At one point, it appeared that we had such a commitment, I must take him protect and serve. such an agreement. Leader FRIST asked at his word as well. I believe the vet- Madam President, I ask unanimous me to put on paper what our specific erans and military projects need to be consent that the Senate proceed to the concerns were to avoid any confusion. I funded and should not be used as a ve- immediate consideration of H.R. 5385, did so. hicle for unrelated, wasteful earmarks. the Military Construction appropria- I ask unanimous consent that a copy Let me explain how we got to this of this letter from myself, Senator tions bill; that the Senate insist on its point. In the November 7 elections, one amendment, request a conference with COBURN, and Senator INHOFE be printed of the top issues for the voters was the House, and the Chair be authorized in the RECORD. wasteful spending. While we have done There being no objection, the mate- to appoint conferees. some things to control taxes and The PRESIDING OFFICER. Is there rial was ordered to be printed in the spending, we have not done nearly objection? The Senator from South RECORD, as follows: enough, and the voters are right. Ear- Carolina. UNITED STATES SENATE, marks have gone up in numbers every Mr. DEMINT. Madam President, re- Washington, DC, December 4, 2006. year and are now at an all-time high. If serving the right to object, let me say Hon. BILL FRIST, this does not end, we will never regain that I strongly support this legislation Majority Leader U. S. Senate, Washington, DC. DEAR MR. LEADER, We share your commit- the trust of the American people. that will maintain and improve the When the military construction and quality of life for our military per- ment to addressing the needs of our veterans, service members, and their families, veterans spending bill passed the Sen- sonnel. I believe that the Senator from while protecting the interests of hard work- ate, I strongly supported it. However, Texas, the chairwoman of the sub- ing American taxpayers. As we have said it was clear that the intent was to use committee, has done an excellent job from the beginning, we will support a clean the bill as a shell to carry the Omnibus with the bill. Military Construction, Military Quality of appropriations bill and other add-ons. I am also pleased that the Senator Life, and Veterans Affairs conference report, Because the scope of the conference from Texas obviously feels there is still as long as it is not used as a vehicle for a pork-laden omnibus. rules has become so relaxed, the con- time to conference this bill, since the ferees, under our rules, would have the House committee has been saying in Therefore, we hereby reiterate our support for a conference if, and only if, it is limited ability to put into the bill any projects the newspapers that there is not to producing a military construction and they please, with no opportunity for us enough time. I agree with Senator veterans spending conference report and po- to amend them or even vote, except on HUTCHISON that if we appointed con- tentially a clean continuing resolution for final passage of the bill, which would ferees today, with some hard work, this the remaining unfunded appropriation bills be overwhelmingly approved. bill could get finished. to ensure the uninterrupted operations of The conference process has rendered I, also, add that the Senator from the Federal government. the Senate floor consideration of bills Additionally, with respect to the military Texas is committed to keeping this bill almost irrelevant. Nothing we do in clean in conference, which we greatly construction and veterans spending legislation— this Chamber matters until a bill goes appreciate. I agree with her that we are 1. Each spending provision or directive to conference. When a bill goes to con- at war, but those of us who sent our language in either the text of the final legis- ference, conferees may remove provi- troops to war should not be back home lation or the statement of the managers sions that are in both the House and selling out the country for which they must meet one of the following criteria— the Senate bills, even if they were ap- are fighting. It is my understanding a. it is authorized in current law, and the proved by both Houses overwhelm- that the chairman of the Appropria- amount in the conference report does not ex- ingly. Conferees may add provisions tions Committee has refused to make ceed the authorized level; that are unrelated to either bill. the assurances that we need to keep b. it was requested in the President’s Budg- et, and the amount in the conference report Through this process, a clean Mili- this bill clean in conference and, there- does not exceed the amount in the Presi- tary Construction bill could grow into fore, if I consent to letting this bill go dent’s Budget; a foot-tall Omnibus appropriations bill, to conference, there is a risk that it c. it is listed on the Future Years Defense with thousands of earmarks and waste- will return to the Senate as a foot-tall Plan and the amount in the conference re- ful spending. The process is flawed, and

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.052 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11267 it cannot continue this way. When a Let me end by saying that we are ferences. That is what we are supposed bill comes back that funds the entire very close between the House and the to do, and that is what I am committed Government and we are forced to vote Senate. I think we can work out the to do. for the bill or shut down the Govern- differences between the House and the Madam President, I yield the floor. ment, that bill is going to pass. This Senate. I am saying right now this will Mr. KENNEDY. Madam President, I means that if I consent to letting this not turn into an omnibus appropria- know we have the call for party lunch- bill go to conference, I am essentially tions bill. It will be a bill that funds eons. I have some comments which are consenting to enact whatever the con- military housing and quality of life for heartfelt about a colleague of ours, ferees want to insert in the bill our men and women in the military PAUL SARBANES, and I wonder if the unamended. and their families, and it will have the Chair would indulge us for a few min- We put a lot of trust in our conferees, new starts that cannot be covered by a utes to be able to make these com- and all I was asking was for an under- continuing resolution. We certainly ments now. We are debating the Sec- standing from the committee that we meet the criteria or the Senate retary of Defense, but we have set that know, at least in general, where the wouldn’t have passed the bill unani- aside until after the conferences of our conference will be headed. I have not mously. parties. Would it be permissible with been able to get this commitment. I So I am not saying the Senator from the Chair if I made some brief com- was given no information and no assur- South Carolina is wrong in his statements? ances. ments about what happens in con- The PRESIDING OFFICER. Without Therefore, I am compelled to do what ference committee reports in many objection, it is so ordered. I think is right to protect the tax- other areas and in the history of the Mr. KENNEDY. I thank the Chair for payers and to provide integrity and ac- Senate. He is right. Sometimes a con- her courteousness and understanding. countability in the spending process. ference report will turn into an omni- (The remarks of Mr. KENNEDY are Madam President, I yield the floor. bus, and sometimes you find things The PRESIDING OFFICER. The Sen- printed in today’s RECORD under that are not in either the House or ‘‘Morning Business.’’) ator from Texas. Senate bill. But I am saying today that Mrs. HUTCHISON. Madam President, would not be the case in our bill, nor f let me say right upfront, I hope this has it been the case that I can remem- RECESS objection will go away sometime ber in past bills. Maybe I am forgetting The PRESIDING OFFICER. Under today. I think we are talking about something. But by and large, our bill is whether something is done in writing the previous order, the Senate will now straightforward. And by and large, our or whether it is semantics. I didn’t stand in recess until the hour of 2:15 bill is supported by the entire Senate. have to agree to what was in the letter p.m. today. It is not very far from the bill that the that was written to the leader because Whereupon, the Senate, at 12:56 p.m; House passed, and I think if we all put our Military Construction bill meets recessed until 2:15 p.m. and reassem- our minds to this and put away—I all of the criteria they set forth. I bled when called to order by the Pre- don’t think our leadership would be re- didn’t have to agree to their letter be- siding Officer (Mr. SUNUNU). quired to sign a letter and I don’t think cause everything in our bill is author- the chairman of the Appropriations f ized or it is in the President’s bill or it Committee should be required to sign a is in the future years’ designations of NOMINATION OF ROBERT M. priority by the Department of Defense. letter. I think we should be good for GATES—Continued That is called a FYDP. It meets those our word around here. If we are not, then we have lost the spirit of this in- Mr. THOMAS. Mr. President, I sug- criteria. We don’t put provisions in our gest the absence of a quorum. military construction conference com- stitution. So I am saying today that I am going The PRESIDING OFFICER. The mittee reports that are not in the to go back to the drawing board. I am clerk will call the roll. House or Senate bill. The assistant legislative clerk pro- All I can do is give my word that this going to work with the Senator from South Carolina and the Senators from ceeded to call the roll. is not going to turn into an omnibus. I Mr. DOMENICI. Mr. President, I ask am giving my word it is not going to be Oklahoma. I am going to work with my counterparts on the House side, and I unanimous consent the order for the an omnibus. It is going to be the Mili- quorum call be rescinded. tary Construction and Veterans Affairs am going to try to get a bill through here, and I am not going to stop trying The PRESIDING OFFICER. Without bill that was passed unanimously by objection, it is so ordered. the Senate. for the rest of the time that one of our I hope that all of the relevant parties Houses is in session. I think we owe it ORDER OF PROCEDURE will be able to sit down because I can’t to our men and women in the military, Mr. DOMENICI. Mr. President, on be- call this up for a vote. It would be we owe it to the veterans who have al- half of the leader, I ask unanimous spread out for so long as to lose the ready served. We owe it to those people consent that at 2:30 p.m. tomorrow the ability to go to conference. The House who are coming back here without majority leader be recognized to speak. is planning to go out of session at the limbs that we are funding at additional The PRESIDING OFFICER. Without end of this week. I would stay here for levels, not only the prosthetics but objection, it is so ordered. 2 weeks to finish this bill because there also the training on how to be pro- The Senator from New Mexico is rec- is so much in it that is important. It is ficient in using those artificial limbs. ognized. all new starts. This bill is filled with Madam President, I think we can do it. THE APPROPRIATIONS PROCESS the priorities that the Department of I am committed to trying, and I hope Mr. DOMENICI. Mr. President, I Defense has in facilities on military everybody who is involved in this proc- come to the floor here today to share bases all over this country, including ess will also try. with my colleagues and my constitu- quality-of-life housing for our military Let me also add that my counterpart, ents my frustration with the inaction men and women. It has veterans affairs Senator FEINSTEIN, who is the ranking of Congress on its most basic responsi- priorities and increases in funding for member of this subcommittee, is in full bility, to enact bills to make appro- mental health and for research into support of this bill. I have talked to priations for the Government for the post-traumatic stress syndrome. There her about the issue I am trying to ad- coming year. are many items in this bill that will dress, and she is ready to go to con- No money shall be drawn from the Treas- not be covered in a continuing resolu- ference. I do believe that if we will sit ury, but in Consequence of Appropriations tion. down and talk with everyone who is in- made by Law; and a regular Statement and I hope we will all be able to sit down terested, everybody would be satisfied Account of the Receipts and Expenditures of together. I hope the House will cooper- that we will keep our word and we will all public Money shall be published from ate if we send this conference com- do what we intended to do, anyway, time to time. mittee request to them. I am prepared which is conference a bill that is going That is the Constitution of the to work all night and all day tomorrow to take the differences in the House United States. There is no responsi- to try to fit all of the timeframes. and Senate bills and resolve those dif- bility more fundamental than the one I

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Since we do not Does someone think this kind of pro- Department, for all things that go on have the bills passed on both sides, we cedure serves the public interest or in the Energy Department. All of those will have a continuing resolution, some political interest? I believe it functions of Government are put to- named for another document where we serves neither of the two. gether and handled in appropriations will pass the Government spending for For those Senators who are glad to bills that have a committee chairman a period of time and say we will spend, see a continuing resolution because and a ranking member, and each year, and then we relate it to something. We they think it saves money, think under our system, where it is annual, normally do it for 20 days out of the again. Not only will this continuing they are supposed to produce an appro- year. This time we will have a con- resolution not save money, but it will priations bill that goes from House to tinuing resolution with the bills that give reordering of priorities to the House and becomes a final product have not been passed. That should be 110th Congress. I predict that we will when it has been passed in both Houses used very seldom, this continuing reso- spend more, not less, as a result of the and gone to conference between the lution, and it is getting to be like apple strategy adopted by the Congress this two Houses and comes out as a final pie around here. We use it all the time. year. The upshot will be that we have bill, which goes to the President of the Rather than do our work, we do a con- both failed to fulfill our constitutional United States. That is the format. tinuing resolution. We continue it by responsibility and have spent more There are 13 of those that cause the resolution, equating it most frequently money. Government of the United States to to the work that has been completed What an outcome. function. Can you believe that many by the House, for they have done their Who is to blame, then? Not the Sen- publications have scorned Congress? work first. Therefore, the Senate has ate Appropriations Committee, which Some have blamed the House of Rep- little or no input into what the con- reported every single appropriations resentatives, some have blamed the tinuing resolution ultimately says we bill by the end of July, the earliest Senate, some have blamed the adminis- are going to spend money on. such bills had been reported in 18 tration for sending an unrealistic budg- It used to be that a continuing reso- years. Not the subcommittee chair- et last February. The blame game lution was not watched very well and it man, of which I am one, who worked to doesn’t interest this Senator. We all was a way of putting all kinds of things meet the deadlines set by the chairman share in this quiet conspiracy to duck on. That doesn’t happen much any- and ranking member. fulfilling the most fundamental respon- more. So what we are getting out of Those highly motivated members sibility that we have and that is to this as Senators is nothing. We are get- who wanted a full and open debate on vote on appropriations bills, to confer ting little or no input into the appro- the appropriations bills certainly can- between the House so they are the priations process. The bills we handle, not be blamed, although the outcome same bill, the same package of require- if we are chairmen or ranking mem- of their efforts will probably disappoint ments, requests, expenditures that we bers, are not going to get adopted at them by the middle of next year. Each ultimately call a bill. any time or even referred to at any Senator has the obligation to pursue Some media analysts contend that time unless we decide, in the next 6 or what he or she believes is the correct the Senate was afraid to cast votes on 7 weeks, to do something together that policy, using any parliamentary means appropriations bills, thinking these will change that by reference or by appropriate. I cannot condemn my col- votes might be used against incumbent adopting some new bill. leagues who, for one reason or the Senators in recently held elections. All There is much to be done and clearly other, find the appropriations process sorts of reasons emerged that justified we are not on the right course at this objectionable. laying aside this appropriations bill or point. We are not going to pass many Here is what I suggest for the future. that one. Some feared that amend- of these bills except perhaps a military Let’s vote. Let’s report the individual ments to the bills might take too long, construction bill, which is no longer a bills, as Chairman COCHRAN did this too much time. Amendments might be construction bill, but it is a bill for the year, on time. Then, let’s bring the painful choices for Senators. Some of health and welfare of our soldiers, and bills up on the floor. If members want the votes might slow down the process for many other things, and it is for to filibuster, that is their privilege. We and some might show up later in cam- building many new things that have to vote on that. If cloture prevails, we paign commercials or propaganda. be built here at home for them and, have post cloture debate, and then vote This Senator has cast more than therefore, that Military Construction again. Yes, it is time consuming, but 12,000 votes, more than almost any bill will probably be a must and it will it’s our job. Let’s vote. other Senator in the Senate history. be around, and people will be talking Let me close by discussing briefly my There are maybe five or six who have about it and the fact that it has to be own Energy and Water appropriations cast more. My votes may be character- done. bill, which has awaited Senate action ized by my opponents in a campaign, From my standpoint, this week, if for almost 5 months now. using commercials and whatever else this 109th Congress slinks into history, It is almost ludicrous that at this they would like. They can find almost as seems to be scheduled, it will have time in history, the 109th Congress any vote I have taken over the years I completed work on only two appropria- failed to act on this bill. We read daily have been here. tions bills, Defense and Homeland Se- about the growing nuclear threat in I took this job knowing full well I curity, and maybe the one I have just North Korea; millions of words are would have to vote to decide, to referred to as Military Construction. In written and spoken on the threat of an choose, and that these decisions would place of the completed bills, we will Iran with a nuclear capability. Six absolutely be second-guessed by a have a continuing resolution through Arab, Sunni nations have now peti- whole host of people. So I reject the no- February 15, next year, about the time tioned for a nuclear program through tion that the Senate saved itself by the President will send us a 2008 final the International Atomic Energy Agen- avoiding so-called hard votes. We had fiscal year budget. We will be getting a cy, including Saudi Arabia, contending not and we did not take the votes, did new one before we have done anything that they need such programs for do- we? And look at the results in Novem- about the old one. We will be getting a mestic energy purposes. Many analysts ber. If it were our Republican approach brandnew budget—imagine—and we believe that the Arab nations observe to save ourselves, we lost ourselves. will not have done anything about all the growing threat of a Shia Iran, with Now we have the end of a Congress of those that are sitting on the desks of the potential for a nuclear weapon, and and here sit the appropriations bills clerks, waiting to do their part in ap- want nuclear programs for weapons unattended, sitting over there on the propriately spending our money. purposes. We listen to witnesses tell us

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.055 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11269 of their fears of nuclear terrorism and also restored funding geothermal de- consent that the Senate proceed to the the failures of the present nonprolifera- velopment a renewable resources in the immediate consideration of H.R. 5385, tion programs. west with great potential. the Military Construction appropria- For more than two decades now, The Senate Energy and Water bill tions bill, that the Senate insist upon these subjects have been the focus of supported the implementation of a loan its amendments, request a conference much of my work as a Senator. And guarantee program that was included with the House, and the Chair be au- much of the good work that this Na- in the Energy Policy Act of 2005. This thorized to appoint conferees. tion has done to address nonprolifera- is an innovative financial solution, The PRESIDING OFFICER. Is there tion and nuclear terrorism is funded by which would not cost the Federal Gov- objection? the Energy and Water appropriations ernment a dime in appropriated fund- Mr. DEMINT. Mr. President, reserv- bill. ing. ing the right to object. If the Senator Yet at this dangerous time, the 109th The backing by the Federal Govern- from Texas would allow me to discuss Congress couldn’t find time to take up ment supports the commercial deploy- with her our conversation with Leader the Energy and Water appropriations ment of first-of-a-kind energy produc- FRIST. As we talked about earlier bill. In addition to hundreds of mil- tion technology. Without the language today, both the Senator from Texas, lions, almost billions of dollars for dis- in the Senate bill, this program will myself, and I believe the entire Senate posing of weapons grade nuclear mate- not go forward and our Nation will not and Congress want this bill to pass. rial, and funding to try to stop nuclear get closer to energy independence. Senator HUTCHISON and myself have material from shipment to this Nation, The Senate Energy and Water bill had the opportunity to meet with the bill funded alternative energy also fully funds the President’s request Leader FRIST to talk about the impor- sources. It funds weatherization grants for the Department of Energy’s Office tance of passing this bill, as well as the for Americans. It funds a brand new ap- of Science. Our future economic growth importance of not adding additional proach to handling nuclear waste here and security will require our schools to appropriations and additional ear- and abroad. train the next generation of scientists marks which were not part of the Sen- Let me close by discussing several and engineers. We haven’t done enough ate or the House version of this bill or important items in the bill, which lan- and are losing ground in scientific re- were not part of the President’s budg- guishes. search. This budget will reverse that et. First, in the area of nuclear non- trend with investments in basic sci- If I could ask the Senator, is it her proliferation, the administration has entific. understanding that it is our general given careful thought to how to handle The Senate fully funds the Presi- agreement and also leadership’s that the growing Iran and North Korea nu- dent’s request for the Office of Science. this bill will be kept to the basic bills The Senate bill also provides impor- clear threat. Yet under the strategy which have been passed by the House tant funding to support the licensing of adopted by this Congress on my bill, and Senate and that it will return to a new nuclear power reactor that will the Nonproliferation and International the Senate floor as a bill that we have met our growing energy demand with- discussed with Leader FRIST? Security Account will be $53 million out increasing greenhouse gases. less than the House passed bill and the The bill closes the funding shortfall Mrs. HUTCHISON. Mr. President, Senate committee-reported bill rec- for the Nuclear Regulatory Commis- there was never any other intention. I ommend. Think about that, short- sion in order to hire and train addi- have discussed this with Senator COCH- changing that nonproliferation account tional technical staff that will be need- RAN, chairman of the committee. I dis- because we were afraid to vote. ed to review the new license applica- cussed it with Senator FRIST, our lead- Second, and even more serious, one of tions being developed by utilities. er. I have discussed it with the ranking the largest non-proliferation projects These priorities will not be recognized member, Senator FEINSTEIN. And most ever will be delayed. The Fissile Mate- with continued delays with a CR. certainly we will bring back a con- rials Disposition program, located in This year the President outlined his ference report that has either material South Carolina, I add for the benefit of plans for the Global Nuclear Energy in the President’s budget request, those two Senators, is known by the Partnership. This program invests something that has passed the House short hand of MOX. That program now makes a large investment in addressing or the Senate in this bill, and all of the has stopped construction, because the spent fuel stored at reactors all across projects will be duly authorized on the House passed bill eliminated all fund- the country by recycling. As Yucca military construction side. ing. And, since we have no Senate- Mountain continues to face delays, the On the Veterans’ Administration passed bill, we cannot even negotiate Senate bill supports the administra- side, we worked very closely with the levels on the continuing resolution. tion’s efforts to reduce, reuse and recy- authorization committee, Senator Think about this: the United States cle commercial spent fuel. CRAIG, Senator AKAKA, and others to and Russia have spent the last 10 years I understand the challenges the lead- assure that we have the approval of the negotiating a deal to eliminate 34 tons ership of Congress faces. Any of us who committee leaders for all of the vet- of plutonium from the nations’ stock- have served a chairman of the Budget erans’ expenditures. piles and now the future of this effort Committee certainly understand the I have to say to the Senator from is in limbo because Congress couldn’t cross-currents in this Chamber. But, South Carolina that there are some find the time to do its job. putting aside hard choices almost very important initiatives in the Vet- As chairman of the Energy and Water never leads to good results. We should erans bill that would not be covered in subcommittee I was excited about the remain in session this month until we a continuing resolution. And there are new initiatives proposed by the Presi- fund the 2007 bills. After all, that’s our very important commitments for new dent including energy independence job. starts in the Military Construction bill and to increase funding for science re- Since it appears there are no Sen- that are necessary for us to keep pace search in the Fiscal Year ’07 request. ators wishing to speak, I suggest the with the BRAC project and with other The Fiscal Year ’07 budget took bold absence of a quorum. military housing and quality-of-life steps and made significant investment The PRESIDING OFFICER. The projects that are included in the bill. It in nuclear power and alternative en- clerk will call the roll. is going to be a Military Construction ergy. Unfortunately, enactment of a The assistant legislative clerk pro- and Veterans Affairs bill with the pri- CR will delay our investment in to al- ceeded to call the roll. orities of the Senate. This bill passed ternative energy and maintain our in- Mrs. HUTCHISON. Mr. President, I unanimously in the Senate. We would creasing level of dependence on foreign ask unanimous consent that the order go forward with the clear under- energy sources. for the quorum call be dispensed with. standing that this is going to be a mili- Building on Energy Policy Act passed The PRESIDING OFFICER. Without tary construction and veterans affairs in 2005, the President supported in- objection, it is so ordered. and military quality-of-life conference creased funding for the research on cel- APPOINTMENT OF CONFEREES—H.R. 5385 report. lulosic biomass, solar, hydrogen and Mrs. HUTCHISON. Mr. President, as Mr. DEMINT. Mr. President, I wish to advanced battery research. The Senate in legislative session, I ask unanimous thank the Senator for her openness and

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.022 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11270 CONGRESSIONAL RECORD — SENATE December 6, 2006 tenacity in helping to get the agree- The assistant legislative clerk pro- Gates as the new Secretary of Defense ments we need to keep this bill clean ceeded to call the roll. with an overwhelming bipartisan vote. and focused on the needs of our mili- Ms. COLLINS. Mr. President, I ask Those two developments today pro- tary. I do not object. unanimous consent that the order for vide an opportunity to change the The PRESIDING OFFICER. Without the quorum call be rescinded. course in Iraq. Of course, the ultimate objection, it is so ordered. The PRESIDING OFFICER. Without responsibility is on our Commander in The Presiding Officer (Mr. DEMINT) objection, it is so ordered. Chief, the President of the United appointed Mrs. HUTCHISON, Mr. BURNS, Ms. COLLINS. Mr. President, I ask States. On November 7, the American Mr. CRAIG, Mr. DEWINE, Mr. consent that the vote on the pending people spoke out clearly of the need for BROWNBACK, Mr. ALLARD, Mr. MCCON- nomination occur at 5 p.m. today, with change. NELL, Mr. COCHRAN, Mr. STEVENS, Mrs. the time until the vote equally divided Dr. Gates was an original member of FEINSTEIN, Mr. INOUYE, Mr. JOHNSON, between the chairman and the ranking the Baker-Hamilton group and agrees Ms. LANDRIEU, Mr. BYRD, Mrs. MURRAY, member or their designees; further, that change is necessary. Today, that Mr. LEAHY, and Mr. HARKIN conferees that 20 minutes of the chairman’s time group confirmed the need to change on the part of the Senate. be allocated to Senator SPECTER; pro- our policy and lay out a framework to Mrs. HUTCHISON. Mr. President, vided further that immediately fol- redeploy American forces. Redeploy- this is a major step forward. I have lowing the vote, the President be im- ment means basically removing them been working with Senator FEINSTEIN mediately notified of the Senate’s ac- from the dangers of Iraq, placing them to try to get conferees appointed for tion and the Senate then resume legis- nearby to be called on if necessary but, our bill. There is time in this session lative session. more importantly, starting to bring for the House and the Senate to come The PRESIDING OFFICER. Without them home. Only the Commander in together and put a bill forward in the objection, it is so ordered. Chief can make that happen. conference report that will do what is Ms. COLLINS. I suggest the absence The President has said he is not look- right by our military who are serving of a quorum. ing for a graceful exit from Iraq. I our country and protecting our free- The PRESIDING OFFICER. The would have to say that America should dom, who are in harm’s way as we clerk will call the roll. be looking for the right exit from Iraq. The assistant legislative clerk pro- speak. There is time for us to take care The President was asked a few months ceeded to call the roll. of those good people. There is most cer- Mr. DURBIN. I ask unanimous con- ago: When will American troops come tainly time for us to take care of our sent that the order for the quorum call home? He said he would have to leave veterans and to make sure that the pri- be rescinded. that decision to future Presidents. I orities which we have set this year, for The PRESIDING OFFICER. Without don’t believe America wants to see heaven’s sake, are passed in this ses- objection, it is so ordered. troops in Iraq facing the dangers of war sion of Congress. Mr. DURBIN. I ask unanimous con- for the next 2 years and for many years If anyone says to me we don’t have sent to be recognized in morning busi- beyond. We believe we have done a time to have a conference, they are ness. great deed for the Iraqi people in re- wrong. It is 12:40 in the afternoon. It is The PRESIDING OFFICER. Without moving their dictator and giving them Wednesday. I will work all night, if objection, it is so ordered. a chance to have their own constitu- necessary, and so will our great staff (The remarks of Mr. DURBIN are tion and their own government. Now it working with the House, if the House printed in today’s RECORD under is time for the Iraqis to stand and de- will sit down with us. Our military per- ‘‘Morning Business.’’) fend their own nation. sonnel and our veterans deserve what Mr. DURBIN. Mr. President, it has According to the Iraq Study Group, is in this bill. It is a bill which passed been my honor twice to sit down in my the most professional and proficient unanimously. The House passed a bill office with the nominee to be our next military in history has been stretched overwhelmingly as well. It will move Secretary of Defense, Robert Gates. to the breaking point because of re- our military quality of life up. That is Both meetings have been very positive. peated deployments to Iraq. As of certainly our intent. The last was this morning. today, I have been given an updated This could not have been done with- When Dr. Gates came in early this figure: 2,907 American service men and out everyone’s cooperation. I think morning, I congratulated him on his women have been killed and 21,000 have that is what the people of America ex- appearance before the Committee on been wounded. We have about 140,000 pect from the Congress. They deserve Armed Services yesterday. He said: It troops in Iraq today. We certainly owe it. That is what we are going to give is amazing what a little candor will do. it to these soldiers, these brave men them. That is what endeared him to the com- and women and their families to ini- I want to particularly say that Sen- mittee and resulted in this unanimous, tiate this redeployment process as ator FRIST and Senator COCHRAN have bipartisan vote bringing his nomina- quickly as possible. been instrumental in allowing us to go tion to the floor. Dr. Gates was honest The war in Iraq impacts our defense forward. There has been a lot of emo- with members of the Committee on posture worldwide. Because of Iraq, we tional talk and rhetoric around what Armed Services. He will be honest with have fewer options to respond to we do in these last few days of this ses- the American people. He understands emerging threats in this dangerous sion of Congress. I think everyone, in- that our efforts in Iraq are not going world. cluding the Senator from South Caro- well and we need to change. He is a per- In thinking about the war in Iraq re- lina and the Senators from Oklahoma, son who is dedicated to the kind of cently, like many others I was struck have all risen above certain emotional change which will be consistent with by how many comparisons there are to feelings and have said: Yes, we are our values in foreign policy. the situation of Vietnam four decades going to work together. I am very He told me honestly he didn’t know ago. There are many differences, but pleased that we are. what we should do in Iraq, but we need there are many parallels. I am going to yield the floor in one to examine the two primary missions In October of 1964, running for Presi- minute and roll up my sleeves and try we now face: establishing conditions of dent, Lyndon Johnson said: to get the Military Affairs, Quality of security on the one hand, training and We are not about to send American boys Life, Military Construction and Vet- supporting the Iraqis on the other. He nine or ten thousand miles away from home erans Affairs bill in shape for us to pass said we may need to shift the balance to do what Asian boys ought to be doing for this session of Congress and send a between the two missions. That is not themselves. good conference report to the President unlike the recommendations of the In 1969, 5 years after that statement, of the United States, who I know will Iraq Study Group which were released there were over half a million Amer- sign the bill. today. ican troops in Vietnam. I yield the floor. I suggest the ab- That commission delivered to the That same year, Johnson’s successor, sence of a quorum. President a series of recommendations. President Nixon, who had run on a The PRESIDING OFFICER. The In just a short time, in about 2 hours, campaign that he had a secret plan to clerk will call the roll. the Senate is expected to confirm Dr. end the war, said:

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.056 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11271 I’m not going to be the first American macy, to transfer responsibility to the not only here at home, obviously, but president to lose a war. Iraqis, and to redeploy American com- literally all around the world. Well, both Presidents made a series bat forces. On the matter of Iraq, which was the of decisions that prolonged and ex- I hope President Bush, with the as- subject matter of most of the questions panded that war at enormous cost to sistance of his new Secretary of De- and comments of the committee during our Nation. We have only to walk just fense, Mr. Gates, will begin that rede- Dr. Gates’ confirmation hearing, I a few blocks from this Capitol to the ployment process this January. think he understands the challenges Vietnam Memorial to see the real cost Consider our challenge. The Baker that face us in Iraq and why it is that of that war. study group said we should have, basi- we must succeed. As he told me, and as Perhaps like Presidents Johnson and cally, the combat forces of America he testified at the hearing, a failure in Nixon, the Bush administration has gone by April 1 of 2008. With about Iraq would lead to increased activity gone through several phases on this 140,000 or 150,000 15 months before that by al-Qaida, as well as regional insta- war. First was the time of deception, date, we need to start seeing redeploy- bility in the Middle East. It could even when we were told there were weapons ment happen, and happen soon. Noth- lead to a regional—I think he used the of mass destruction that did not exist, ing could send a clearer signal to the term ‘‘conflagration,’’ where additional a link with al-Qaida that did not exist, Iraqis, the American people, and the States that are not currently involved and other claims about nuclear capa- world that we are truly moving down a in the conflict in Iraq could find their bilities that did not exist. new road in Iraq. interests at stake and could resort to Next came the phase of denial, where Mr. President, I yield the floor and military force. First, dealing with al- the President and some of his key ad- suggest the absence of a quorum. Qaida, and the result of a failed state visers refused to recognize or adapt to The PRESIDING OFFICER (Mr. MAR- in Afghanistan after the Soviet Union the realities on the ground, dismissing TINEZ). The clerk will call the roll. left there in 1989, ultimately led to the the first signs of insurgency. You re- The assistant legislative clerk pro- rise of the Taliban and gave Osama bin call, I am sure, as I do, Vice President ceeded to call the roll. Laden a place to plot, plan, train, and CHENEY saying the insurgency is in its Mr. CORNYN. Mr. President, I ask then export terrorist attacks around last throes, and denying its growing unanimous consent that the order for the world, including in Washington, strength as we have seen the casualties the quorum call be rescinded. DC, and New York City on September in Iraq mount by the day. Then they The PRESIDING OFFICER. Without 11. Beyond the terrorist threat, it is downplayed and denied the outbreak of objection, it is so ordered. also clear that Iran has aspirations sectarian violence that now seems, for Mr. CORNYN. Mr. President, I wish that will very much put the future of all intents and purposes, a real civil to take a few minutes to speak on the Iraq in jeopardy and our own safety in war. nomination of Robert Gates to be Sec- America as well. The third phase has been delusion. retary of Defense. It is my honor to As is widely known, Iran is primarily The President apparently continues to serve under Chairman JOHN WARNER on a Shia majority population. Iraq is delude himself about Iraq. I hope this the Senate Armed Services Committee. composed of roughly three ethnic divi- Iraq Study Group will be a turning We are particularly proud of the fact sions—Kurds, Shia, and Sunni—and, point in his thinking. that 1 out of every 10 persons in uni- clearly, Iran is taking advantage of the For example, in a phrase that cannot form in this country, or serving around instability in Iraq to consolidate its help but remind us of Katrina and the world, calls Texas home. So we are position with the Shia in the south, FEMA Administrator Brown, President very proud of the military. We are pro- which happens to be an oil-rich region Bush recently said of Prime Minister military. We believe in doing every- of that nation. But, in effect, if our al-Maliki: He is the ‘‘right guy for thing we can to support our men and precipitous withdrawal from Iraq Iraq.’’ What a contrast from the memo women in uniform and particularly would leave a failed state and leave op- by the President’s National Security their families. portunities for Iranian hegemony, it Adviser, Stephen Hadley, which said: So it is with great joy that I say the would create further de facto parti- The reality on the streets of Baghdad sug- President has chosen someone who cur- tions of Iraq which could perhaps cause gests al-Maliki is either ignorant of what is rently serves as President of Texas the Saudis, as some leaders have sug- going on, misrepresenting his intentions or A&M University to be the next Sec- gested, to have to go into Iraq to de- that his capabilities are not yet sufficient to retary of Defense. Even though Bob fend the Sunni minority against ethnic turn his good intentions into actions. Gates is from Kansas originally, he has cleansing by the Shia majority, per- When asked in October if we were most recently become a Texan—at haps in combination with Iran, and it winning in Iraq, President Bush said: least we claim him because he has been would create an opportunity, perhaps, Absolutely, we’re winning. living in College Station as President for the Kurds to create, in effect, a sep- When Robert Gates was asked that of Texas A&M these last few years. arate state in northern Iraq which question yesterday in his confirmation I particularly commend the Presi- would cause Turkey a lot of concerns, hearing, he said very clearly: No. dent for his selection and Mr. Gates for as has been frequently expressed. That gives me hope that with this answering the call, once again, to pub- I am pleased that Dr. Gates under- Gates nomination and with this Iraq lic service. He is not a new face in this stands the seriousness of this challenge Study Group report we may have town. Having served as Director of the that confronts our Nation. This is one turned the corner. The Nation cannot CIA, having served on the National Se- that is certainly bigger than any elec- afford deception, denial, or delusion curity Council, he has a distinguished tion or any political party because, as when it comes to the situation in Iraq. record of public service. He has written I said at the outset, it represents the Certainly, our soldiers and their fami- extensively on military intelligence single most solemn responsibility those lies deserve better. They deserve and matters of diplomacy. of us who serve in the Federal Govern- change. My meetings with Dr. Gates, prelimi- ment have, and that is to provide for We will now have a much needed nary to the hearings we had this week the safety and security of our own peo- change in the Pentagon. I know Mem- on the Armed Services Committee, ple at home. bers on both sides of the aisle are eager gave me great confidence that he is of Today, as everyone knows, the Iraq to work with the new Secretary to the temperament and ability to lead Study Group issued its report, and I am make more changes. But, ultimately, it the Department of Defense in what has hopeful we can work together in this is the President’s responsibility. The to be the second most difficult job in body with a new course in Iraq, work- buck truly stops in the Oval Office. If Washington, DC; that is, to deal with ing with the White House. Clearly, this the President recognizes the urgent an agency with the budget of about a is a job for the Commander in Chief. He need for a new direction in Iraq, we half-trillion dollars a year and to per- has expressed a willingness to work will see it happen, and soon. form what is the most important pri- with this bipartisan Iraq Study Group The Baker-Hamilton commission has ority of the Federal Government: pro- and work with Democrats and Repub- given the President a call to action, a vide safety and security to the Amer- licans in the Congress to achieve vic- roadmap to engage in broader diplo- ican people. That is a responsibility tory in Iraq.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.061 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11272 CONGRESSIONAL RECORD — SENATE December 6, 2006 I hope Robert Gates’ confirmation, Clearly, one can tell from my com- I think Secretary-to-be Gates was his manner and temperament, one that ments that I believe we all want our correct yesterday when he said there earned him the support of a unanimous troops to come home. We are unified are not any secret options. Basically, vote on the Armed Services Com- and of a single mind on that point. The we know what the choices are with this mittee, will serve him well as he works question is, based on what criteria? Is report and the other reports that have on behalf of the President and the exec- it based on politics in the Congress or come out. Simply stated, there is going utive branch to deal with what is cer- is it based on security, our long-term to be a time for choosing. That choice tainly the most significant challenge security, not just the Iraqis’ but our se- and the consequences of that choice are of our time. curity at home, lest Iraq become a very important because, clearly, what I do want to, however, point out a failed state and a launching pad for fu- we are doing now is not working in couple of items in the bipartisan Iraq ture terrorist attacks. Iraq and, clearly, there are dangers in Study Group report because, obviously, The alternative ‘‘go long,’’ I believe, terms of terrorist activity, in terms of there is a lot of public interest in it. was explained as reducing the size of Iranian ambitions, a country that is This volume is 142 pages, and not many our forces in Iraq but basically making attempting to build, in defiance of the people have read every single page in a multiyear commitment, a long-term civilized world, a nuclear weapon. it. So we have a number of people high- commitment to have our troops there; There are tremendous risks and con- lighting different portions of this 142- frankly, an alternative that I don’t sequences of not getting this done page document, perhaps a point they think holds out much hope for success. right, and the American people deserve want to emphasize. I have a couple of The American people are clearly anx- to know not only what the risk is, points I want to emphasize because I ious to see the situation in Iraq be sta- what the threat is, and the con- think they are entirely consistent with bilized, to see some improvement, and I sequences of failing to live up to this what Dr. Gates has said during his con- think that brings us to the last choice challenge, but that we are doing every- firmation hearing, and these points that has been mentioned as a result of thing we can in a bipartisan fashion as should be made clear. these Pentagon discussions: Go big. Let a nation, looking to the best minds and On page 66 of the Iraq Study Group me explain what I mean. the best experience this Nation has to I mean we need to surge American report—sometimes called the Baker- offer, to come up with a plan or an as- troops into the capital city of Baghdad Hamilton commission report—the sortment of choices and then to give for a temporary period of time—not a study group says this: the President the opportunity to make long-term or open-ended engagement— the very best decision he can as Com- The presence of U.S. forces in Iraq is a key to provide the ability to back up the topic of interest in a national reconciliation mander in Chief, a position conferred Iraqis to do what we need to do to dialog. upon him by the Constitution, to lead clear, to hold, and then to build on And this is the point I want to em- this course change in Iraq so we do not that effort in Baghdad, to demonstrate phasize. They go on to say: have a failed state which would further not only that we can provide the secu- endanger not only that region, but The point is not for the United States to rity backing up the Iraqi forces, but set timetables or deadlines for withdrawal, also to create the basic security condi- would endanger us at home. an approach that we oppose . . . In conclusion, those who think Amer- tions that are necessary for the Iraqis ica can simply pull the covers over its I think it is important to make the to have that national reconciliation head and the problem will go away or point that the Baker-Hamilton study process to work out their differences they simply think we can withdraw our group, the Iraq Study Group, opposes the best they can, and then to provide troops—even in a precipitous fashion— timetables or deadlines for withdrawal. for their own defense so we can bring They go on to say: our troops home. and there will be no consequence to it, The point is for the United States and Iraq But I want to make sure—because I cite the comments of GEN John to make clear their shared interest in the or- this is an important point—some, I be- Abizaid, the head of Central Command, derly departure of U.S. forces. As Iraqi forces lieve, have represented this Iraq Study who acknowledged that, yes, we could take on the security mission, a successful Group Report as an endorsement of a bring our troops home before security national reconciliation dialog will advance is established in Iraq, but the enemy that departure date. withdrawal of troops not based on security conditions, and I say this report would follow us here. I think what the Baker-Hamilton does not endorse that approach, as I in- Mr. President, I yield the floor. commission is saying is that with- dicated. The PRESIDING OFFICER. The Sen- drawals ought not to be based upon an With regard to the surging of troops ator from New Mexico. arbitrary timetable, in effect, based on in Baghdad on a temporary basis, as Mr. DOMENICI. Mr. President, I ask domestic political considerations but, advocated by the Senator from South unanimous consent that I be permitted rather, ought to be based upon security Carolina and the Senator from Arizona, to speak on an unrelated subject for 10 considerations—how can we best pro- and one that I find is the only really minutes. vide for the Iraqi people to be able to viable alternative we have in Iraq, the The PRESIDING OFFICER. Without stand on their own to defend them- Iraq Study Group says this on page 73: objection, it is so ordered. selves and to allow the political proc- Mr. DOMENICI. And that the distin- We could, however, support a short-term ess in Iraq to go forward where people redeployment or surge of American combat guished Senator from South Carolina can trade ballots and votes for bombs forces to stabilize Baghdad or to speed up the be the Senator who follows. and bullets. training and equipping mission if the U.S. The PRESIDING OFFICER. Without One other point I wish to raise. I am commander in Iraq determines that such objection, it is so ordered. glad to see the Senator from South steps would be effective. ENERGY SECURITY Carolina on the floor because there is a My hope is the President of the Mr. DOMENICI. Mr. President, just point that I know he agrees with and United States, the Commander in last week the price of natural gas was certainly one I think Senator MCCAIN Chief, having this worthwhile report at $7.79 per million Btu’s. That is near- and others have advocated which I hap- which makes clear that every option ly double the price it was 2 months pen to believe is an option the Presi- has been looked at without regard to ago. In October, natural gas was selling dent ought to consider at the top of his ideology or partisan politics, that the for $4.01 on the spot market. This kind list in terms of the course forward in report of the Chairman of the Joint of price instability it brings harms con- Iraq. Chiefs of Staff, consulting with the sumers, harms businesses, is dev- We have heard the study by the leadership at the Pentagon, together astating to manufacturers, and is a Chairman of the Joint Chiefs of Staff, with even Secretary Rumsfeld’s memo threat to our economy. General Pace, at the Pentagon summa- that was recently printed, a classified On August 1, 71 Senators in this rized into three options. I believe this memo of all the alternatives that was Chamber cast what I consider one of was done by a newspaper or perhaps recently printed in the newspaper, that the most important bipartisan votes of within the Pentagon itself. They sum- the President has all of these various the year. We voted for the Gulf of Mex- marized for the course forward to go options available to him to go forward ico Energy Security Act, a bill that big, go long, or go home. in Iraq. will open 8.3 million acres in the Gulf

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.086 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11273 of Mexico for oil and gas exploration. chemical manufacturing industry choose to put it on the tax bill, I hope The exploration could bring an esti- alone closed 70 plants in these United it will not just make it more difficult mated 1.26 billion barrels of oil and 5.8 States and plans to close 40 more, and cause the bill to be lost in the trillion cubic feet of natural gas to largely because of skyrocketing prices transit to the Senate, which appears market over the next several years. of natural gas. We joined together, Re- simple but becomes cumbersome, at That oil and that gas will be Amer- publicans and Democrats, to tackle least once it hits the House and hits ican. It will be extracted from Amer- that problem, and we passed, by strong the Senate. It is nice and easy just ican territorial waters, will be ex- bipartisan vote, a bill that is as impor- coming over as it is walked over, but it tracted by American companies and tant a step toward tackling our energy is very cumbersome once it gets here. American workers, and will be on the challenges as we have around us any- That is what would happen. It would coast of the Gulf of Mexico and will where in either body, a small but then be discussed and perhaps debated, also share the royalties with the ad- meaningful step toward reducing our and it would have to have a vote. That joining States, which has not been reliance upon foreign oil. is the second approach and far less de- done before, sharing in a different way This week I hope, and I am confident, sirable. where they get much more of the pro- that the House will take up our bill. I But the House can see the writing on ceeds. anticipate equally strong bipartisan the wall—do it now or perhaps never do That is a precedent which we have support from the House. This legisla- it. What a shame. Do it now and you never accomplished before and which tion is critically important for our con- get the benefits I have indicated or, be- will do us good as we look around our sumers and our economy, for house- lieve it or not, it could be that you other States to see if we can’t do more wives and homes, and as we go down won’t get it ever. That is just not a like this effort. the line, we know natural gas is the good way to leave for this Christmas, The support for this bill came from life of America, and we will add a very as I see it, and I hope it isn’t. my colleagues from the Northwest, the significant inventory to America’s I thank the Senate for permitting me Southeast, and the Southwest, from large inventory, and it will be Amer- to speak today. the Northeast and the Midwest, from ican, it will not be imported. Mr. President, I yield the floor. both coasts, from areas in between, and The legislation is critically impor- The PRESIDING OFFICER. The Sen- from both parties. We all acted to stem tant. The oil resources in this region ator from South Carolina is recognized. the rising tide of energy prices—some- are impressive, but vast reserves of Mr. GRAHAM. Mr. President, I want thing good for our country. natural gas are the real bonanza. We to echo what the Senator from New Those who voted for it and helped us believe there is natural gas in lease Mexico said. He has a very good idea, with it know that the prices continue sale 181 and lease sale 181 south to heat and I hope the House will act on his to rise for natural gas in our homes 6 million homes for 15 years—6 million recommendations. and our businesses, and we are await- homes for 15 years. Largely because of Very briefly, I rise in support of the ing the passage of this bill to stabilize these gas services, the Wall Street nomination of Dr. Bob Gates for Sec- prices for the next few years as this retary of Defense. I believe he is the fountain full of natural gas descends Journal has called this bill an ‘‘easy victory’’ for the U.S. economy. On the right guy at the right time. He has the upon the United States as a result of background to be successful. I know this new proposal and proposition in other side of the political spectrum, the New York Times wrote: ‘‘This bill this body will overwhelmingly confirm the Gulf of Mexico between our sov- him. I wish him well in his very dif- ereign States and the U.S. Government meets an immediate need and is a rea- ficult but important task that lies to proceed with drilling. We cast that son to drill in the gulf.’’ How can you ahead for the country and particularly vote for families worried about high get more than those two ends of the for Dr. Gates. costs of energy. We cast that vote for spectrum agreeing and 71 Senators from both sides of the aisle voting for Very briefly, here is what I expect American businesses, large and small, from Dr. Gates and really everyone in- which have been hit hard by rising en- it? volved in the war on terror: a winning ergy costs. We cast that vote for manu- Now I cry out today to the House: strategy. He said at the hearing in one facturers who have been forced to shut Don’t go out of session without passing of the answers to one of the questions down hundreds of U.S. plants in the the bill I have just described to you I posed to him that he believed the war last several years and for millions of which awaits action from you. It is in Iraq was one of the central battle- American workers who lost their jobs simple action: just an ‘‘aye’’ vote for a fronts of the war on terror. If you be- when their plants closed. We heard the simple majority, and that is it. It will lieve that, as he does and I do and the stories of all of these in our Energy be done. This rather gigantic resource President stated, then you have to Committee as we proceeded on this will then become available. It is in throw everything you have at winning bill. America, sitting there waiting for Occupying the chair is the distin- somebody to use it. It will be usable because the outcome in Iraq really will guished new Senator from Florida. He with that vote. affect the outcome of the war on ter- remembers this testimony and these As I just told my colleagues, for pur- ror. If you believe that, you fight it to facts, and he anxiously waits, as I do as poses of an explanation and elabo- win. He also said something I thought chairman and he as an active Member, ration, 6 million homes—6 million was equally true and very candid: We for the House to take up this bill and homes—will have their gas for their are not winning. Our military has won pass it. They have a few alternatives. full season for 15 years just from what every battle, but the extremists are They can lose the bill and drop it and we are going to do there. What an as- trumping the moderates, and extre- let it become dead; yes, indeed. But tounding achievement if we will just mism is winning out over moderation that seems to me to be the worst op- complete the work by having a vote in in Iraq because we don’t have enough tion of all. They also can pass it just the House. security in place to allow moderation like we sent it to them, and they will I was saddened to read that we con- to flourish. have a completed bill, and nothing fur- tinue to lose businesses because nat- My question to the country is, If we ther. They can affix it to any bill they ural gas prices are too high. The Na- all agree we are not winning, can we all choose to pass over there—the tax ex- tional Association of Manufacturers es- agree that we must not lose? I hope the tenders—and send it to us, and, of timates that 3.1 million high-wage country will rally around the concept course, if that is the case, we will have manufacturing jobs have been lost that losing in Iraq will be devastating to do further work on it as it gets here. since 2000, largely due to inadequate to our efforts in the war on terror. It But that will be the rule as it applies supplies of natural gas. This week, the will be devastating to forces of modera- to a bill which is not exactly the same House can join us in doing something tion in the region. It will empower ex- as the one we sent them. about that, and I urge they do which- tremists, religious extremists, al- So we cast our votes, as I said, in the ever they see as the best way to pass it. Qaida, and others who have as their manner I have described. If they think it is best to do it free- goal to topple all forms of moderation Natural gas prices climbed 400 per- standing and send it to us as we sent it in the Middle East, to drive us out of cent from 2002 to 2005. In that time, the to them, I wish them the best. If they the region—not just Iraq—and one day

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.087 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11274 CONGRESSIONAL RECORD — SENATE December 6, 2006 destroy the State of Israel. If you be- Budget Act point of order on Senate serve in the President’s Cabinet. Dur- lieve it is the central backbone of the amendment No. 5205. ing the time of the transition into this war on terror, I hope we can come to- I am recorded as ‘‘yea’’ to waive the administration, I met Secretary Rums- gether as a people in this country to Budget Act point of order. It was my feld as we jointly prepared for our con- make sure we have the resources on intent to uphold the point of order. firmation hearings before the Senate the ground to win. Therefore, I ask unanimous consent and proceeded to our jobs in the Cabi- Dr. Gates said that we did not have that the record be changed so I will be net. I came to know and appreciate enough troops after the fall of Baghdad recorded as voting against the motion this great American patriot, a man of to bring about security. I think every- to waive the budget point of order. The incredible intellect and talent but also body believes that now. If General record should reflect my vote as ‘‘nay’’ incredibly dedicated to our Nation. I Shinseki was right and we needed on amendment No. 5205. It would not came to truly appreciate his leadership 200,000 to pacify the country and secure change the outcome of the vote. and his skill as he led the Department the country after the fall of Baghdad, The PRESIDING OFFICER (Mr. of Defense initially through the treach- what has happened in the intervening COBURN). Without objection, it is so or- erous attacks of September 11 where months and years to require less dered. he, with his bare hands, was helping to troops? Nothing. It is far worse today Mr. STEVENS. Mr. President, I sug- dig the injured from the rubble of the in Baghdad than it was a year ago gest the absence of a quorum. Pentagon as that building was at- when I last visited. I was there on elec- The PRESIDING OFFICER. Without tacked on that unforgettable morning tion day in December. People were objection, the clerk will call the roll. of September 11, 2001. I saw him next in walking around voting, very happy, The legislative clerk proceeded to our immediately following Cabinet very upbeat. Now people are afraid to call the roll. meeting when the President asked all go outside, and their children are under Mr. MARTINEZ. Mr. President, I ask of us to try to pull ourselves together attack when they go out for the most unanimous consent that the order for to help lead our Nation at this very dif- simple things. the quorum call be rescinded. ficult moment. He, in a certain and So I do hope that not only will he The PRESIDING OFFICER. Without clear way, showed us a way forward take over this job and start over with objection, it is so ordered. and how our military would respond to the Congress and the American people, Mr. MARTINEZ. Mr. President, I ask the threats to our Nation—first of all, that he will commit himself to winning unanimous consent to speak in morn- to secure the Capitol and New York this war, and the way to win, in my ing business for 5 minutes. City but then in a very clear and direct opinion, is to provide security so the The PRESIDING OFFICER. Without way on how to respond to those who political process can be successful. No objection, it is so ordered. had plotted these attacks in Afghani- Prime Minister, no historical figure or Mr. MARTINEZ. Mr. President, I rise stan. great politicians of the past could this afternoon first of all for the pur- He led our country into a very suc- bring about a democracy in Iraq with pose of agreeing with my colleague cessful and very clear and decisive vic- this level of violence. It is chicken-and- from South Carolina and previously my tory in Afghanistan and then prepared egg stuff to me. You cannot have a po- colleague from Texas, both distinguish our country and led us into the war in litical solution until you control the Senators who spoke in favor of the Iraq with a very difficult and still un- violence. When you have a high-crime nomination of Dr. Gates to be our next certain outcome. Secretary of Defense. neighborhood, you don’t send in less In all of the debate and discussions police, you send in more. Our mistakes I intend to support his nomination. I believe he has served our country well that have ensued over the last several in the past have come back to haunt months about this difficult struggle in us. We have never had enough troops. in the past, and we are fortunate that he is willing to step into a difficult po- which we find ourselves today, I think The situation on the ground has gotten too often we have been guided by the out of control. I do believe we can con- sition at a very difficult time in our history. I intend to support him. I com- usual bickering and partisan politics, trol it with a surge of American troops. but not often enough do we stop to rec- The goal is to come home, but the mend the Armed Services Committee ognize a dedicated American who has goal is victory. History will judge us for their show of unity and bipartisan- served our Nation well. I am proud to not by when we left but what we left ship in unanimously supporting his call Secretary Rumsfeld my friend. But behind. The consequences of winning or nomination. I hope there will be a I am equally proud to say today that losing in Iraq are central in the war on strong vote in support of Dr. Gates as he has served our Nation with great terror, and we have no other option, in he heads into this very difficult assign- distinction, that our Nation owes him my opinion, other than to win. The ment. a great debt of thanks and to his fam- way to win over extremists is you I think it is important we note today ily as well, to his wife Joyce and to his stand boldly with moderates, and the two other things—one, the need for us children for the sacrifice that all of way you win against people who could to look at this problem in Iraq with a them have made so Secretary Rumsfeld care less about humanity is to embrace sense of bipartisanship, with a sense of could serve our Nation once again. At a the better parts of humanity and show unity as Americans, putting aside the certain age when many of us might be the people who are trying to drive us stripes we usually wear as Democrats looking forward to retirement, he came out of Iraq that their agenda will lose and Republicans and looking at this to Washington once again to serve in a to a better agenda, that their idea is problem as Americans concerned about very difficult job and has done it with second to ours. a difficult problem, one that has taxed People in the Mideast are dying for us but one in which we must succeed. great distinction. their freedom. People in Iraq are dying Today the President received the re- I thank Secretary Rumsfeld on behalf for their freedom. If you become a port of the Iraq study commission, a of Floridians, and I think a grateful na- judge in Iraq, they try to kill your group of distinguished Americans who tion as well, and the men and women in family. If you are a politician in Iraq, came together to give us recommenda- uniform he has led who I know thought they don’t say bad things about you, tions. I commend the President for not so much of his leadership. I know he they try to kill your family. Let’s only accepting their report but also has given so much of himself to the stand with the moderate forces in Iraq. highlighting how clear he was and the transformation of our military to pre- Let’s make sure we win this war which seriousness that will be given to the pare us for the future. I, for one, rise is central to the war on terror, and the recommendations it makes. today with a voice of thanks to a great only way I know to win a war is to Lastly, I wish to also take a moment American for his service. fight it with overwhelming force. to commend and thank Secretary I yield the floor and suggest the ab- Mr. President, I yield the floor. Rumsfeld for his service to our Nation. sence of a quorum. CHANGE OF VOTE I had the pleasure of meeting Secretary The PRESIDING OFFICER. The Mr. STEVENS. Mr. President, I wish Rumsfeld when I was very inexperi- clerk will call the roll. to correct my vote on rollcall 271, the enced in the ways of Washington, a per- The legislative clerk proceeded to motion to waive the Congressional son from Florida, and I came here to call the roll.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.073 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11275 Mr. SALAZAR. Mr. President, I ask the country today, starts out with a ber, Senator LEVIN, Senator BIDEN, unanimous consent the order for the very candid assessment of what is hap- Senator LUGAR, Senator LIEBERMAN—a quorum call be rescinded. pening in Iraq today and is set forth in group of us at the White House—Sen- The PRESIDING OFFICER. Without the first paragraph of the Iraq Study ator ROCKEFELLER, Senator ROBERTS, objection, it is so ordered. Group Report. It says: counseling with the President on these The Senator from Colorado is recog- The situation in Iraq is grave and deterio- various issues. It was an extraordinary nized. rating. There is no path that can guarantee meeting. I have had the privilege Mr. SALAZAR. Mr. President, I rise success but the prospects can be improved. throughout my 28 years in the Senate to speak on behalf of the confirmation When this study group says that the to be in that Cabinet Room many of Robert Gates as Secretary of De- situation in Iraq is grave and deterio- times, but this was a very historic mo- fense. When I looked at the testimony rating, there is a sense of candor with ment. The President listened very care- that was offered by Robert Gates yes- respect to what is happening on the fully to the perspectives and views of terday in front of the Armed Services ground in Iraq. Members of the Senate, and we had an Committee, I was impressed by the I had the honor and privilege of vis- equal number from the House of Rep- qualities that he was proposing to iting Iraq with my friend from Vir- resentatives. I am encouraged for the bring to the job. I want to speak to ginia, Senator WARNER, for whom I future. I am looking forward to our some of those qualities this afternoon have tremendous respect, and Senator President assessing all of the options before we get to a confirmation vote on LEVIN from Michigan for whom I also related to Iraq. I commended the his nomination to be the next Sec- have tremendous respect, and that was Baker-Hamilton report during the retary of Defense. in March of this last year. course of our meeting. We talked about First, I was impressed with his can- I remember my conversations with his interim study. We talked about the dor. I think his sense of what is hap- my good friend from Virginia when he Pentagon input and the input of the pening in Iraq and his grasp of the talked about how things changed in Chairman of the Joint Chiefs. I am op- facts, being straightforward with the Iraq from the first time he had visited timistic that our President is going to committee and straightforward with Baghdad to the time we were there in carefully consider all options. But we the Senate in terms of how he views March. The fact is things have gotten must wait and see as he, under the the picture of Iraq, is refreshing. I worse with respect to the violence we Constitution, has to make that final think what it tells all of us is that Dr. saw on the ground. How we move for- decision with regard to such changes Gates will bring in the fresh eyes we ward is a very important challenge that we may have in our policy. need to have on the problem in Iraq so that we face in America. I thank the Senator. we can hopefully develop a new direc- I strongly believe we need to move The PRESIDING OFFICER. Under tion that is one that will work for our forward in a bipartisan manner in de- the previous order, the Senator from country. So I appreciate the candor veloping new directions for our country Pennsylvania is allotted 20 minutes. with which he spoke yesterday in the with respect to Iraq. I believe we need We will have to either revise that pre- Senate Armed Services Committee. to succeed in Iraq. I believe that get- vious agreement or take time. Second, I was also impressed with Dr. ting the regional interests involved in Mr. WARNER. Mr. President, I have Gates and his openness with regard to helping us formulate a solution is very to say that I think, colleagues, we considering all options in respect to important and we need to continue to must maintain the 5 o’clock voting questions that were asked of him by send a message to the Iraqi people and time. A lot of Senators rearranged members of the committee. What he the Iraqi Government that they first their schedule. I was unaware because I said, in effect, was that all options are and foremost have the responsibility to happened to be away from the floor. on the table. He did not simply say bring about the security that will I yield the floor. I thank the courtesy that he had a specific course of action allow their Government to function of the Chair. or that we were going to stay the and the people of Iraq to have peace The PRESIDING OFFICER. The Sen- course, but he said that everything and stability, which is something that ator from Pennsylvania is recognized. needed to be examined. I think that is is very essential. Mr. SPECTER. Mr. President, I have a refreshing attitude about this major I believe we have the people and the sought recognition to express my sup- problem in the Middle East that we leadership here in this body of the Sen- port for the nomination of Robert have and we share as Americans today. ate to be able to chart that future bi- Gates to be Secretary of Defense and to Third, I was impressed also by the partisan direction for the United use this occasion to comment about quality of collaboration he talked States of America, not only in Iraq but the proposed changes in policy of the about. I think in his statement to the in the Middle East. As was appro- United States in the conduct of the war committee, as he talked about working priately pointed out by the Iraq study in Iraq. with all agencies and working with the commission, this is an issue that goes When Robert Gates was nominated to Members of Congress, he was saying beyond Iraq. It is an issue that involves be Director of the Central Intelligence that this is an issue in Iraq that really the entire Middle East and how we deal Agency in 1987 and I was serving on the is a problem that belongs to all of with this issue. Intelligence Committee at that time, America. How we move forward with I will quote again another wonderful concerns were expressed, including the issue of Iraq is something that is friend of mine, former President Bill mine, that Mr. Gates had not been going to require all of us working to- Clinton, when he says, ‘‘The eggs have forthright in the preparation of the gether to be successful in Iraq. In so been broken and now we have to make testimony of then-CIA Director Casey doing, I think he was making a state- an omelet out of it.’’ Or Secretary in disclosures about what happened in ment that this is not just a Republican Colin Powell, who made the comment the Iran-Contra affair. Mr. Gates with- issue; it is not a Democratic issue; it is at one point in time that, ‘‘We broke drew as a nominee for CIA Director at an American issue and we need to find it, we bought it.’’ that time. However, he was again nom- a strategy and a direction for us to be We have a problem in Iraq and in the inated in 1991 by President George H.W. successful. Middle East. In order for us to meet Bush, and at that time I supported his I believe when you look at what has the challenges that face us, it is going nomination, thinking that whatever happened in the last 4, 5, or 6 weeks in to take tremendous bipartisanship mistakes Mr. Gates had made in the America, what we see is a growing mo- leadership from all of us here in this past, he had learned from those mis- mentum for a new direction in Iraq. I body. I look forward to working with takes. think that new direction is set forth my colleagues as we move forward on President George W. Bush has now with a lot of things that are happening, this agenda. nominated Robert Gates to be Sec- developing a method that will hope- I yield the floor. retary of Defense. I believe he is well fully bring this country together as we Mr. WARNER. Mr. President, I say to qualified to undertake this position. He look for solutions. But let me say the our distinguished colleague from Colo- has testified before the Armed Services Iraq Study Group in its own study, rado that I had the privilege of being Committee that he does not intend to which I know is being heralded around with the distinguished ranking mem- be a bump on a log, has asserted his

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.075 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11276 CONGRESSIONAL RECORD — SENATE December 6, 2006 independence, told me in a meeting On October 22, during an interview the bill shall be used to carry out a which we had last week on November with CNN, I was asked how much time specific function. There has been a sug- 30th that he would bring a fresh pair of does the Iraqi Prime Minister have to gestion that funding ought to be cut off eyes to the situation and would be open get tough to deal with the death squads for the activities in Iraq. Certainly we to change. There is no doubt that and the militias before the United would not cut off funding to leave our change is in the wind, considering the States has to reassess its strategy. I re- troops in harm’s way, without ade- memorandum which has surfaced, writ- plied that I would say the time is al- quate resources to carry out their mis- ten by Secretary of Defense Donald ready past. sion. However, there may develop a Rumsfeld the day before the election, I was encouraged by a lead story in congressional consensus which would and from comments made by National the New York Times that day that the reflect the will of the American people Security Adviser Stephen Hadley, and administration was considering some that there needs to be something done comments made by the President him- timetables. President Bush said in his in Iraq, perhaps even staged with- self. It is my view that had we known Saturday address the day before that drawals. Cutting down funding in Saddam Hussein did not have weapons he was prepared to be flexible to make stages to effectuate such staged with- of mass destruction, we would not have adjustments, if necessary, to be vic- drawals could accomplish congres- gone into Iraq. Once we had made the torious. I said then that I don’t believe sional objectives and not leave our decision to go into Iraq, I think it not a shift in tactics ought to wait until troops exposed, with sufficient plan- advisable to withdraw and leave Iraq in after the election; that there are too ning in advance. a condition of instability. But the situ- many casualties; and that if we had a In light of the public opposition to ation there cannot go on forever, inter- better course, we should adopt it soon- the way we are conducting the war in minably, without some limitation and er rather than later. Iraq, and very significant agreement without change of policy because, as When Senator WARNER came back among Members with that dem- Robert Gates put it, we are not win- from a trip to Iraq several weeks before ning there and the situation is not im- onstrated public response, there re- the election and was quoted to the ef- mains the possibility that Congress proving there. So there has to be some fect that things were going sideways, I change. Precisely what that change could act with respect to the appro- called him and suggested to Senator priations function to effectuate should be is a matter yet to be re- WARNER and to other of my colleagues solved, and yet to be considered. But a changes. That is certainly a course that it might be useful and appropriate which I would not like to see happen. long list of alternatives has been pro- to have a joint statement to the Presi- posed in a number of quarters. It would be vastly preferable if, as a dent as to the views that we got from result of what has happened, including Today, the commission, led jointly our travels to our States and from our by James Baker and Lee Hamilton, has the Baker-Hamilton commission report travels generally. It was apparent to and what Secretary Rumsfeld has said issued a report calling for some very me weeks before the election—really fundamental changes. The Rumsfeld and the new approach of Secretary-to- months before the election—that there memorandum outlines a number of al- be Gates—I think he will be confirmed was an ongoing descending pattern in ternatives. later this afternoon—that the Presi- One of the important recommenda- which the American people were not in dent will make a sufficient change in tions which was made by the Baker- support of United States policy in con- policy which will lead us in a better Hamilton commission is that there has ducting the war in Iraq. And the public path. opinion polls cited in my formal state- to be involvement by other nations in Certainly the continued presence of ment, which I will introduce into the the region, especially Saudi Arabia, U.S. troops in Iraq has two major prob- RECORD, have shown that. The attitude with all of its wealth, maintaining a lems—at least two major problems. of the troops in the field—again the hands-off position, and they ought to First, it incites the insurgents to at- specifics of my formal statement had be helping to resolve the problems tack U.S. troops; second, it allows the shown that. It was my view that the there. The Baker-Hamilton commis- Iraqis to continue to rely upon the will of the American people would be sion has further recommended that the United States to provide a defense and expressed at the election, and in no un- United States engage in negotiations to provide military protection. They do certain terms repudiating what the with both Iran and Syria perhaps on a not have the motivation to increase United States was doing in Iraq. And, multilateral basis. their police force and their military to My own view, which I expressed in an of course, that did prove to be the case. I had been concerned back in 2002 be- handle the jobs themselves. The public extended floor statement last June, is opinion polls cited in my prepared that the United States ought to nego- fore the vote was taken on the resolution for the use of force as to what the statement are shocking in that the tiate directly with Iran. I also believe people in Iraq approve of the attacks we ought to negotiate directly with United States was prepared to do once Saddam Hussein was toppled. What against U.S. soldiers. We are in a very Syria. In my June statement I also uncomfortable position. broadened to consideration of direct were the specifics on the evidence of In essence we may be on a watershed negotiations with North Korea. As I weapons of mass destruction; what will mark today with the confirmation of said at that time and reiterate, as has be the costs in terms of casualties; and Robert Gates to be Secretary of De- been pointed out, we need to keep our what will happen? I was speaking in fense on a day when the Baker-Ham- friends close and our enemies closer; 2002 about the conflicts among the ilton report has been filed which makes that if we would undertake a dialog Sunnis, the Shiites, and the Kurds. recommendations for changes. Ulti- showing respect, showing courtesy to Now we have a situation where it is mately, the President will have to our opponents—we do not have to agree up to the President to make the deci- with them—I think that diplomacy and sion as to what will be done specifi- make the decision. dialog have an excellent opportunity to cally; and that is his role as Com- We debated earlier this year pro- lead to a solution; and, certainly as a mander in Chief. But the Congress also posals to have a withdrawal by stages matter of first impression, it ought to has a very definite, a very precise, and in 2007 without a specification as to be what is undertaken. a very important role as we undertake what there would be. We had a vote on It is my hope the President will move the appropriations process. withdrawal by July of 2007 which was in the direction cited by the Baker- From time to time there are com- decisively defeated, getting only 13 Hamilton commission and will go even ments by Members on a wide variety of votes. The temper of the country is further and engage in direct negotia- subjects that funding should be cut off such that there is widespread public tions with Iran, Syria, and North from executive operations in order to opposition to what is being done by the Korea. carry out Congress’ will. That is done United States by way of military ac- In October, I publicly urged that in the appropriations bill. When a Sec- tion in Iraq today. We learned the bit- changes should be made promptly and retary of a given department is about ter experience of the Vietnam war, not wait until after the election be- to undertake something which the that we cannot conduct a war which is cause we were sustaining so many cas- Members of Congress do not like, we unpopular with the American people, ualties on an ongoing basis. provide that no funds appropriated in which the American people reject.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.076 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11277 In voting to confirm Mr. Gates, we After meeting recently with Robert Gates, Syria.’’ I am pleased that the Iraq Study will see the possibilities of a new chap- I believe he will, as he told me in our meet- Group considered engaging in dialogue with ter. But it is up to the President, it is ing on November 30, 2006, bring a fresh set of regional actors and I appreciate its rec- up to the Commander in Chief to struc- eyes to the Department of Defense and to ommendations on how to move forward in U.S. policy towards Iraq. My meeting, in Iraq. ture a change in policy which will ulti- conjunction with my review of his testimony Today, the Baker Commission concluded mately take our troops out of harm’s before the Armed Services Committee, has that ‘‘stability in Iraq remains elusive and way, which will be done in a way con- led me to conclude Robert Gates can provide the situation is deteriorating.’’ Yesterday, in sistent with maintaining stability in competent leadership at the Pentagon at testimony before the Armed Services Com- Iraq to the maximum extent possible this critical juncture in our nation’s history. mittee, Gates candidly responded ‘‘No, sir’’ to set the stage for Iraq to continue to The nomination of Robert Gates to head when asked if we were winning in Iraq. One month ago to date, Secretary Rumsfeld develop its incipient democracy and, as the Department of Defense is an opportunity to chart a new course. His personal relation- drafted a memorandum declaring ‘‘it is time per the Baker commission report, per- ships with Secretary Rice, a former subordi- for a major adjustment.’’ All of these call for haps embed troops with the Iraqi mili- nate, and his three decade relationship with a change in U.S. policy. tary and the Iraqi police so they can National Security Advisor Stephen Hadley, A shift in policy in Iraq is overdue and I undertake their own defense. But that will hopefully aid the transition and provide have long-expressed openness to considering will require the change in policy with a new dynamic in the Administration’s na- any and all suggestions for a change in all of the options having been pre- tional security team. It is my hope that course. When Senator WARNER returned from Gates will not only bring a fresh pair of eyes Iraq on October 5, 2006, he made a public sented by the variety of sources which statement to the effect that things were I have cited. to our policy in Iraq, but also to our dealings with regional actors such as Syria and Iran. ‘‘drifting sideways’’ in Iraq. I called him to I ask unanimous consent that the In 2004, Gates co-chaired a task force of the express my view that I had found in my trav- full text of my prepared statement be Council on Foreign Relations that concluded els in Pennsylvania and elsewhere that the printed in the RECORD. that ‘‘it is in the interests of the United people were totally opposed to the way the There being no objection, the mate- States to engage selectively with Iran to United States was conducting the war in rial was ordered to be printed in the promote regional stability, dissuade Iran Iraq. RECORD, as follows: from pursuing nuclear weapons, preserve re- I expressed my concern to Senator WARNER that we were heading for an election debacle PREPARED STATEMENT OF SENATOR ARLEN liable energy supplies, reduce the threat of in the face of public opposition to the way SPECTER ON THE NOMINATION OF ROBERT terror, and address the ‘democracy deficit’ that pervades the Middle East as a whole.’’ we were handling the war in Iraq if modifica- GATES TO BE SECRETARY OF DEFENSE AND tions were not promptly made. I consulted U.S. POLICY IN IRAQ In response to a question submitted by the Senate Armed Services Committee on Iran, with a number of my colleagues in the Sen- Mr. President. I seek recognition to speak ate about jointly advising the President of about the nomination of Robert Gates to be Gates expressed his belief that ‘‘no option that could potentially benefit U.S. policy such concerns. There was a consensus that the 22nd Secretary of Defense and our policy we not do so on a joint basis. I then had an as it pertains to Iraq. should be off the table’’ and noted that ‘‘in the worst days of the cold war the U.S. main- extended telephone conversation with Presi- Robert Gates was first nominated to lead dential adviser Karl Rove to express my mis- the Central Intelligence Agency in 1987 by tained a dialogue with the Soviet Union and China.’’ Most recently, during his testimony givings. President Ronald Reagan. At that time, I, Later that month, I publicly urged that before the Senate, he confirmed the position along with many of my colleagues, held res- changes should be made promptly and not that ‘‘our first option should be diplomacy’’ ervations about his nomination. Specifically, wait until after the election because we were to deal with the problems Iran poses. I was concerned about his role as Deputy Di- sustaining so many casualties on an ongoing I have consistently urged the Administra- rector of the CIA in helping to prepare basis. On October 22, 2006, during an inter- tion to work with Iraq’s neighbors, including former CIA Director William J. Casey for view with CNN, I was asked: ‘‘How much Iran and Syria, to develop cooperative sta- testimony before the Congress in which he time does the Iraqi prime minister, Nouri al- bilization efforts. To that end, I have person- failed to disclose the full details of the Iran- Maliki, have to get tough to deal with the ally met with Iran’s Ambassador to the Contra Affair. I was also concerned about death squads, the militias, before the United United Nations and Syria’s Ambassador to Gates’ failure to recognize the possible im- States has to reassess its strategy?’’ I re- the United States in an attempt to help fa- propriety of diverting funds from Iranian plied: ‘‘I would say . . . that the time has al- cilitate such an effort. I have amplified my arms sales to the Contras. Reservations ex- ready passed. I was encouraged by a lead pressed by other members of the Senate and strong belief that dialogue with nations such story in the New York Times today that the myself reportedly led to the withdrawal of as Iran and Syria, most recently in an essay Administration is considering some time- his nomination. ‘‘Dialogue With Adversaries’’ published in tables. President Bush said yesterday in his In 1991, when Gates was nominated by the winter edition of The Washington Quar- Saturday address that he’s going to be flexi- President George H.W. Bush to lead the CIA, terly. I ask unanimous consent that it be ble and would make adjustments if necessary I supported his confirmation. In explaining printed in the record at the conclusion of my to be victorious . . . We have James Baker my support for Gates on the Senate floor, I remarks. saying that there are alternatives besides I have supported the Iraq Study Group, an stated, ‘‘To the extent that Mr. Gates has staying the course and cutting and running. made mistakes, it is my conclusion that he independent, bipartisan commission led by I don’t believe that a shift in tactics ought has learned from them. I believe that as a former Secretary of State James Baker and to wait until after the election. There are matter of his personal qualifications he is an former Congressman Lee Hamilton which too many casualties there. If we have a bet- astute, experienced intelligence officer’’ and was created by Congress in order to deliver ter course, we ought to adopt it sooner rath- that ‘‘Mr. Gates is ready, willing and able to an assessment of the situation in Iraq and er than later.’’ work with the Congress, allowing the Con- recommend strategic options for the future. I believe that had we known Saddam Hus- gress its appropriate oversight capacity.’’ I expressed my support and interest in the sein did not possess weapons of mass destruc- The majority of Senators at that time came work of group to CNN on October 22, 2006: tion, the Congress would not have authorized to similar conclusions, resulting in his con- ‘‘Let’s consider the alternatives and what the invasion of Iraq. I told CNN on Sep- firmation by the Senate. He served admi- Jim Baker and Lee Hamilton and his group tember 24, 2006, that, ‘‘By hindsight, we oper- rably as Director of the CIA for fourteen are thinking about, sooner rather than ated on faulty intelligence. And I think, had months and is the only career officer in the later.’’ we known that Saddam Hussein did not have agency’s history to rise from entry-level em- The Iraq Study Group report, unveiled weapons of mass destruction before the war ployee to Director. As was reported in a De- today, recommends that, ‘‘Given the ability was started, I think the odds are very strong cember 4, 2006 article in the Washington of Iran and Syria to influence events within that it wouldn’t have been started.’’ How- Post, ‘‘even his critics describe it as a rea- Iraq and their interest in avoiding chaos in ever, we entered that country and we must sonably successful, modernizing tenure.’’ Iraq, the United States should try to engage to do everything in our power to not leave it At a time when our country is engaged in them constructively.’’ The report also notes in a condition that will continue to precipi- a world wide war against terror and is that, ‘‘The United States cannot achieve its tate violence. searching for answers on how to deal with goals in the Middle East unless it deals di- Prior to the U.S. invasion of Iraq, I pub- the simmering civil war in Iraq, President rectly with the Arab-Israeli conflict and re- licly stated my concerns about the potential George W. Bush has nominated Gates to regional instability. There must be a renewed fallout from such action. On February 13, place Donald Rumsfeld as Secretary of De- and sustained commitment by the United 2002, I took to the Senate Floor to express fense. During his confirmation hearing, States to a comprehensive Arab-Israeli peace my belief that there should be a comprehen- Gates offered refreshing testimony, stressing on all fronts: Lebanon, Syria, and President sive analysis of the threat posed by Saddam he would ‘‘listen closely’’ to various sources Bush’s June 2002 commitment to a two-state Hussein and what an invasion would amount of advice, form his ‘‘own conclusions’’, solution for Israel and Palestine. This com- to in terms of U.S. casualties: ‘‘We need to ‘‘speak candidly’’ about what needs to be mitment must include direct talks with, by, know, with some greater precision, the done in Iraq and that he is not returning to and between Israel, Lebanon, Palestinians threat posed by Saddam Hussein with re- service to ‘‘be a bump on the log.’’ (those who accept Israel’s right to exist), and spect to weapons of mass destruction . . .

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.082 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11278 CONGRESSIONAL RECORD — SENATE December 6, 2006 There also has to be an analysis of what the what U.S. forces are currently doing in Iraq soldiers were killed in support of operations costs would be, some appraisal in terms of is not working well enough or fast enough.’’ in Iraq in October 2006. This represents the casualties . . . Then there is the issue as to National Security Advisor Stephen Hadley most U.S. casualties in a month since No- what happens after Saddam Hussein is top- confirmed that U.S. policy needs retooling vember 2004. pled.’’ when he restated the President’s position, Not only are U.S. troops being attacked on Eight months later, on October 7, 2002, I re- ‘‘that what is going on in Iraq is not going a regular basis, but such action appears to be turned to the floor to again express my con- well enough or fast enough’’ and that ‘‘some acceptable to the very populace we are at- cerns: ‘‘What happens after Saddam Hussein of those changes are going to be significant.’’ tempting to aid. According to a September is toppled has yet to be answered in real de- Most importantly, the incoming Secretary 27, 2006 USA Today article, ‘‘About six in 10 tail.’’ of Defense, in response to a question posed Iraqis say they approve of attacks on U.S.- ‘‘What was the extent of Saddam Hussein’s by Senator LEVIN, the incoming Chairman of led forces, and slightly more than that want control over weapons of mass destruction? the Senate Armed Services Committee, ‘‘Are their government to ask U.S. troops to leave What would it cost by way of casualties to we winning in Iraq?’’ Robert Gates re- within a year, a poll finds.’’ Further, The topple Saddam Hussein? What would be the sponded, ‘‘No, sir.’’ Washington Post reported that a survey con- consequence in Iraq? Who would govern after The Iraq Study Group Report states that ducted by the State Department revealed Saddam was toppled? What would happen in the ‘‘primary mission of U.S. forces in Iraq two-thirds of Iraqis in Baghdad favor an im- the region, the impact on the Arab world, should evolve to one of supporting the Iraqi mediate withdrawal of U.S. forces. and the impact on Israel?’’ army, which would take over primary re- According to the USA Today article, ‘‘In previous briefings, I have sought the sponsibility for combat operations. By the ‘‘About 61 percent approved of the attacks— administration plan as to what will be done first quarter of 2008, subject to unexpected up from 47 percent in January. A solid ma- after Saddam Hussein is toppled, and I think developments in the security situation on jority of Shiite and Sunni Arabs approved of that is an area where a great deal more the ground, all combat brigades not nec- the attacks, according to the poll.’’ Further- thought needs to be given. The situation in essary for force protection could be out of more, ‘‘Three-fourths say they think the Iraq would obviously be contentious, with Iraq.’’ I support this recommendation and I U.S. plans to keep military bases in Iraq per- disputes between the Sunnis and the Shi am pleased that President Bush, according manently.’’ A consolidation of bases, as sug- ’ites, with the interests of the Kurds in an to his National Security Advisor, is ‘‘looking gested by Secretary of Defense Donald independent state, and it means a very long- forward to the report’’ and that he ‘‘wants to Rumsfeld, in conjunction with an indication term commitment by the United States.’’ listen to Republicans and Democrats in Con- to begin removing U.S. forces from Iraq, Nonetheless, now that we are there, I feel gress.’’ I would respectfully suggest that the would aid in alleviating this concern and po- we should give the Iraqis an opportunity to President heed the work of the Iraq Study tentially reduce attacks. solidify a democratic government and do our Group and the opinions of Congress. Our presence, with no indication of depar- best to establish the capabilities of Iraq’s From time to time, there are comments by ture, has allowed the Iraqis to rely too heav- army and police forces to provide adequate Members that we should cut off funding for ily on the U.S. for security and has not security. However, continuing violence and executive operations to carry out Congress’s spurned them to stand up an organic secu- instability have made it apparent that Iraq will. Certainly, we would not cut off funding rity capability. The Administration has is in a state of civil war and that the current to leave our troops in harm’s way without deemed the rapid creation of an effective policies of the U.S. and Iraqi governments adequate resources to carry out their mis- Iraqi fighting force as key to stabilizing Iraq need to be reassessed. I believe the recent sion. However, there may develop a Congres- and expediting the eventual withdrawal of resignation of Secretary of Defense Donald sional consensus on staged withdrawals if U.S. forces. The rationale for this effort is Rumsfeld and decision by Iraqi Prime Min- the President does not initiate such a plan that a well-trained, well-equipped Iraqi army ister Nuri al- Maliki to speed transition of himself. Cutting down funding in stages to can be effective in quelling the insurgency security responsibilities to Iraqi forces sig- effectuate such staged withdrawals could ac- and can help smooth the process of restoring nal that the Administration and Iraqi gov- complish Congressional objectives and not full and real sovereignty to the Iraqi govern- ernment are ready to make changes. leave our troops exposed with sufficient ment. The United States cannot prosecute a war planning in advance. In light of public oppo- According to the Congressional Research which does not enjoy the support of the sition to the way we are conducting the war Service, forty percent of total U.S. appro- American public. The election results and in Iraq and widespread agreement among priations for reconstruction—nearly $14 bil- other evidence demonstrate that the Amer- Members with the public response, there is a lion—are aimed at building Iraqi security ican people do not support the war in Iraq. significant possibility that Congress would forces. Most of these funds—$10.5 billion— Support has dwindled with those serving on act to curtail expenditures to effectuate have been added since September 2004, as the the front lines. According to a February 28, staged withdrawals. security situation remained unstable and ef- 2006 Zogby poll, 62 percent of Americans be- During a April 27, 2005 Defense Appropria- forts to train forces appeared inadequate. lieve that things are going badly in Iraq. tions Subcommittee hearing, I expressed my According to the State Department, in mid- Furthermore, 72 percent of troops serving in concern over federal spending priorities di- October 2006, there were 128,000 trained and Iraq favor a pull out within the year. How rectly to Secretary Rumsfeld: ‘‘There is a lot equipped conventional Iraqi police and much longer can we continue to prosecute of disquiet out there among the people as to 129,700 army forces. Officials have stated this war that has become increasingly un- what is happening in Iraq and disquiet as to that 325,000 security forces are needed to de- popular both with the American public and what is happening to our discretionary budg- feat the insurgency. In all, about 312,400 se- our troops? As I warned my colleagues on the et. I chair a subcommittee which is respon- curity forces are currently defined as ready Senate Floor on February 13, 2002: ‘‘We have sible for education and health care and work- for action. seen the bitter lesson from Vietnam that we er safety, and it’s been cut by almost a full However, various reports indicate that cannot prosecute a war without the public percent and with the inflation factor, I’m many fewer could be said to be capable of the support.’’ about $7 billion short. And that makes it most demanding jobs. During the past three There is a broad consensus that our policy very, very tough to sell when you have NIH years, poorly trained and equipped security in Iraq is not producing the desired results. and health-care program and Pell grants and forces, no-shows and desertions, dismissals of A change in course is mandated not only be- education.’’ I reiterated my concern in a police for criminal behavior, bribe-taking for cause of the events on the ground but by the May 19, 2005 letter to Sec. Rumsfeld: ‘‘There obtaining higher rank or for release of insur- collective voice of the American people who is considerable angst in my state, and I sus- gent suspects, and infiltration of police and spoke out during the November elections. pect generally in the country, concerning other units by sectarian militia groups have The situation has reached a critical mass as the cost of our military operations in Iraq, threatened U.S. plans to increase security we have recently seen the National Security especially when compared to the cuts in do- using Iraqi personnel. Advisor, the Secretary of Defense and the mestic discretionary spending.’’ I am optimistic that the Iraq Study President all recognizing a change is needed Giving the Iraq government a virtual Group’s report will usher in a new tone in and, furthermore, indicating change will be blank check on our staying there is counter- the Iraq debate—one that will move away forthcoming. productive in at least two important re- from the extremes of ‘‘cut and run’’ versus I commend President Bush’s decision to spects: First, it encourages the insurgents to ‘‘stay the course.’’ I am hopeful that the con- ‘‘look at new ideas’’ and ‘‘broaden the aper- violence against our troops there and against vergence of this report and a set of fresh eyes ture of the debate’’ as National Security Ad- other Iraqis. Second, it encourages the Iraqis leading the Department of Defense will visor Stephen Hadley stated on Meet the to continue reliance on our presence there to produce an atmosphere allowing candid dis- Press on December 3, 2006. The following day, defend their stability. cussions on our policy resulting in a prag- the President stated that he is ‘‘not satisfied Our presence in Iraq incites violence which matic shift in our course. with the pace of progress in Iraq.’’ results in increased U.S. and Iraqi deaths. On Secretary of Defense Donald Rumsfeld pro- Further evidence that change is needed September 24, 2006, I told CNN, ‘‘that the war vided the impetus for change. In his Novem- came from the Administration’s point person in Iraq has intensified Islamic fundamen- ber 6, 2006 memorandum ‘‘Iraq—Illustrative and architect of U.S. action in Iraq, Sec- talism and radicalism . . . That’s the focal New Courses of Action’’ he suggests one op- retary of Defense Donald Rumsfeld, in a No- point for inspiring more radical Islamic fun- tion for the President to consider is to vember 6, 2006 memorandum: ‘‘In my view it damentalism.’’ According to the Department ‘‘Begin modest withdrawals of U.S. and Coa- is time for a major adjustment. Clearly, of Defense’s Manpower Data Center, 99 U.S. lition forces (start ‘‘taking our hand off the

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.027 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11279 bicycle seat’’), so Iraqis know they have to [From the Washington Quarterly, Winter Terrorism, military nuclear capabilities, pull up their socks, step up and take respon- 2006–07] energy, Iraq, and the Israeli-Palestinian di- sibility for their country.’’ DIALOGUE WITH ADVERSARIES lemma are all major issues confronting the On October 22, 2006, I told CNN: ‘‘The (By Arlen Specter with Christopher Bradish) United States and the world. All of these Unites Sates is going to insist on a timetable challenges are intrinsically linked with Iran, Facing serious dangers from nuclear weap- from Iraq that we’re not going to be the and none can be addressed or resolved with- ons from Iran and North Korea, the United guarantors forever . . . I like the report in out an appreciation for Iran’s role in each. States should be willing to negotiate bilat- the [New York] Times . . . that the adminis- Undertaking this venture will not be easy, erally with those two nations. Success in dif- tration is considering timetables to tell the but in the words of Ambassador L. Bruce fusing these threats will require multilateral Iraqis that they’re going to have to take a Laingen, the senior U.S. official held hostage assistance from other world powers, but our larger role in their own security, that in Tehran for 444 days, ‘‘Diplomats should willingness to treat Iran and North Korea they’re going to have to show some progress talk, even with our foes. That’s what we do. with dignity and respect could go a long way no sectarian violence, and maybe even fur- It doesn’t make sense for us not to talk to in disarming those nations militarily and ther consideration of the option of dividing the Iranians. I’m not saying that I would diplomatically. Iraq into three segments, Shiite, Sunni and confidently predict a breakthrough, but Kurd, so these warring factions will be less My Senate assignments on the Intelligence there must be some sort of dialogue.’’ likely to kill each other’’ Committee and Appropriations Sub- The report issued by the Iraq Study Group committee on Foreign Operations have pro- THE PROBLEM WITH OUTSOURCING FOREIGN states ‘‘the United States should signifi- vided me the opportunity to meet with Syr- POLICY cantly increase the number of U.S. military ian President Hafiz al-Asad, Palestinian The United States has responded to Iran’s personnel, including combat troops, Chairman Yasser Arafat, Iraqi President challenge by correctly recounting Iran’s du- imbedded in and supporting Iraqi Army Saddam Hussein, Cuban President Fidel Cas- bious nuclear behavior and disregard for the units. As these actions proceed, we could tro, Venezuelan President Hugo Chavez, and international community but has avoided di- begin to move combat forces out of Iraq. ‘‘ I others. rect dialogue with Tehran. I commend the concur that a phased withdrawal of combat Those meetings have shown me that people administration’s change in course, deciding forces is the best course of action at this are people, even at the highest levels of gov- to deal with Iran through multilateral talks, juncture. ernment. They are interested in a candid dia- and view it as confirmation that a change in I am cognizant of what a premature depar- logue. They accept differences and disagree- our tactics is overdue. Prior U.S. policy com- ture may lead to in Iraq. The Iraq Study ments as long as the tone is courteous. Re- mitted to dealing with Iran via the UN Secu- Group concluded that, ‘‘Because of the im- grettably, the worldwide ‘‘ugly Americans’’ rity Council and the Europeans. Prospects portance of Iraq, the potential for catas- reputation is encouraged, in my opinion, by are dim, however, for garnering support from trophe, and the role and commitments of the our unwillingness to at least meet and talk China and Russia for a UN resolution with United States in initiating events that have one on one without preconditions. teeth. Russia’s and China’s significant en- led to the current situation, we believe it Sun-tzu’s advice to ‘‘keep your friends ergy, military, and political interests re- would be wrong for the United States to close and your enemies closer’’ is a good ad- strict their ability to support tough action abandon the country through a precipitate monition to keep in mind as we approach our against Iran and represent a significant bar- withdrawal of troops and support. relationships in the world. Admittedly, it is rier to a successful resolution vis-a` -vis the In an interview with CNN on November 12, difficult to accord respect and dignity to 2006, I concurred by stating, ‘‘We don’t want UN. countries such as Iran and North Korea, Although the Europeans are supportive of to withdraw if we’re going to leave chaos. whom we have branded as part of the axis of Troop withdrawals are definitely in the off- tough action against Iran, some are hesitant evil. President Ronald Reagan invited Soviet ing, but it’s a military decision to determine to continue down a path on which they feel leader Leonid Brezhnev to a dialogue weeks when there’s sufficient military force in the the United States is not fully committed and after labeling the Soviet Union the ‘‘Evil Iraqi army and in their police to maintain not an active partner. Germany, France, the Empire.’’ It may not work, but it is certainly stability.’’ United Kingdom, the International Atomic U.S. forces should not remain in Iraq any worth a try when the stakes are so high and Energy Agency (IAEA), and UN Secretary longer than necessary. Iraqi government our other strenuous efforts are not bearing General Kofi Annan have all indicated that forces will ultimately be responsible for se- fruit. the United States needs to be directly en- curing their country. As ever increasing Perhaps irrelevant, my first assignment as gaged in the Iranian effort. My colleague, numbers of Iraqi security forces are trained assistant district attorney in Philadelphia Senator Chuck Hagel (R–Neb.), in his May 8, and able to conduct operations on their own, was interviewing inmates for commutation 2006, Financial Times op-ed, highlighted the U.S. forces should gradually redeploy. Ac- of sentences to life imprisonment from death importance of U.S. involvement: ‘‘U.S. allies cording to NSA Stephen Hadley, Prime Min- in the electric chair for first-degree murder. will support tough action against Iran only ister Maliki has said ‘‘that his goal is to be That experience taught me that you can if they are confident the U.S. is serious able to take responsibility of the security of have a meaningful dialogue with anyone. about achieving a negotiated, diplomatic so- his country middle of next year.’’ I would IRAN lution. Continued unwillingness of the suggest that we hold Prime Minister Maliki There is no doubt that Iran has been trying United States to engage Iran will make to his pledge and work to ensure that Iraqis to flex its muscles since 1979 when the Shah other states hesitate to support, and possibly are able to stand up and provide security. was deposed. Iran is a proud nation with a oppose, these tougher measures.’’ It is my hope that the President will re- rich history. In asserting its right not to be Periodically, I read that military options spond to the strong public reaction evi- restrained in developing nuclear technology, are some of these tougher actions that may denced in the election results and widespread Iran seeks to be a world power, and its lead- be considered to confront Iran. Although the opposition by Members of Congress to our ers think that status and respect can be option should not be removed from the table, current military activities, the Baker Com- achieved by becoming a nuclear power. A military engagement will do nothing to mission Report, the Gates testimony and the good starting point for U.S.-Iranian relations solve the litany of problems between our na- Rumsfeld memorandum to change the direc- would be to treat them as equals for the pur- tions. We should only consider going to war tion of our military efforts in Iraq. As Com- pose of negotiations. It does not give them when we have exhausted all options. Today, mander-in-chief under the Constitution, the the same status as being a nuclear power, we are not there. In that light, I commend President has the options and additional in- but it could be a good step forward if mighty President George W Bush for his May 24, formation to modify our military action in America would treat them with respect 2006, statement that ‘‘our primary objective Iraq to meet these concerns. while negotiating. is to solve this problem diplomatically.’’ I It is imperative that the United States I have tried to visit Iran since the Iran- believe diplomatic options remain, and it is change the course in Iraq and I am opti- Iraq War ended in 1988. I have not yet suc- precisely these options that can prevent con- mistic that the confirmation of Robert Gates ceeded. For many years, however, I have flict. will be the starting point for that action. reached out to Iranians such as the former Why has it taken so long to consider talk- I yield the floor. ambassador to the United Nations in New ing to the Iranian regime? Richard Mr. SPECTER. I further ask unani- York, Seyed Muhammad Hadi Nejad Armitage, former deputy secretary of state, mous consent that an essay which Hosseinian, and his successor, Muhammad told Time in a May 22, 2006, article that ‘‘it Christopher Bradish and I published in Javad Zarif, in an effort to foster an ex- appears that the Administration thinks that the current issue of the Washington change of visits by Members of Congress to dialogue equates with weakness, that we’ve Quarterly which goes into some greater Iran and Iranian parliamentarians to the called these regimes ‘‘evil’’ and therefore we detail about my own views as to the United States to try to open dialogue be- won’t talk to them. Some people say talking advisability of bilateral talks with tween our two countries. I thought my ef- would legitimize the regimes. But we’re not forts finally came to fruition in January 2004 trying to change the regimes, and they’re al- Syria and Iran, as well as North Korea, when plans were made for U.S. members of ready legitimized in the eyes of the inter- be printed in the RECORD. Congress to meet with Iranian parliamentar- national community. So we ought to have There being no objection, the mate- ians in Geneva. Unfortunately, Tehran later enough confidence in our ability as dip- rial was ordered to be printed in the rescinded the invitation, declaring it was lomats to go eye to eye with people—even RECORD, as follows: ‘‘not on their agenda.’’ though we disagree in the strongest possible

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Nevertheless, U.S. policy toward the two pollsters were later sentenced to ingness to hold talks with Iran is more im- Iran has played into the hands of President nine years for ‘‘publishing nonscientific re- portant than the conditions she set.’’ The ad- Mahmoud Ahmadinejad and the hard-line search.’’ It is precisely examples such as this ministration’s decision to consider dialogue radicals in Tehran. Although the extent of that fuel disdain amongst Iranians for their has had a great impact in moving our coun- Ahmadinejad’s power remains unclear, the leadership. Bush poignantly illustrated the tries closer to resolving our issues. As re- U.S. administration’s discussions of regime plight and underscored the hopes of the Ira- ported in that Washington Post article, change and refusal to rule out using nuclear nian people in a July 12, 2002, statement: ‘‘Javad Vaeidi, the Iranian Supreme Coun- weapons against the Iranian regime have ‘‘The people of Iran want the same freedoms, cil’s deputy head for international affairs, bolstered its position. Such U.S. rhetoric, human rights, and opportunities as people agreed that the United States’ overture was, coupled with other policies, enhances around the world. Their government should in itself, a positive step.’’ Tehran’s ability to tap nationalistic senti- listen to their hopes. * * * As Iran’s people The consequences of an Iran with nuclear ments to solidify support for a nuclear weap- move towards a future defined by greater weapons would be grave. Tehran does not ons program, effectively taking the focus freedom, greater tolerance, they will have no seem willing to cease uranium enrichment away from its constituents’ discontent with better friend than the United Stares of voluntarily or submit to the IAEA. The Eu- failed domestic policies, most notably America.’’ ropeans are running into walls in the form of Ahmadinejad’s poor stewardship of the econ- When Ahmadinejad or any Iranian leader China and Russia in the UN Security Coun- omy. To some degree, we are the distraction calls into question the virtue and value of cil, and it is apparent that the UN has not buttressing his position. In this perfect liberal democracy, we should respond by been able to alter Iran’s behavior. It is pre- storm, Ahmadinejad’s rise on the wave of oil touting its successes. We should talk about cisely Iran’s ambitions that may drive re- revenues and growing global discontent with our commitment to rule of law, individual gional powers such as Egypt, Turkey, and U.S. policies has afforded him the forum, liberties, and freedom of press and speech. Saudi Arabia to pursue nuclear ambitions. confidence, and leverage to challenge the Are not freedom of speech, press, and asso- The Middle East is already a volatile neigh- United States and the international commu- ciation liberties that the Iranian people borhood. The phrase ‘‘adding fuel to the fire’’ nity. would enjoy? Would those incarcerated in does not approach describing what the intro- DECIPHERING AND REACHING BEYOND TEHRAN Iran for criticizing the government not wish duction of nuclear weapons would mean, not It is still unknown what level of power and to be freed? Most importantly, liberal de- only for the fate of the region but for the influence Ahmadinejad holds within Iran. mocracy has better arguments than theoc- world. The United States is not to blame for Some accounts indicate that Iran’s elite, and racy, and we should not shy away from this Iran’s devious and deceptive behavior, nor even some hardline officials, are critical of debate. Perhaps a crash course in the history their arrogance and defiance of the inter- Ahmadinejad’s aggressive handling of the of authoritarian failures would be the best national community. I have called on the nuclear issue, whereas others report that he place to start. international community to act aggressively has amassed significant power. Nevertheless, AN OPPORTUNITY FOR DIALOGUE in dealing with Iran’s involvement in the cri- it is important to remember that much of The concept of dialogue with Iran is not sis in southern Lebanon. As I stated on the the power in Tehran does not rest with the unfamiliar to this debate. Both sides have floor of the U.S. Senate on July 20, 2006, president, but with Supreme Leader Aya- previously taken one step toward the table ‘‘The United Nations ought to call Iran and tollah Ali Khamenei and the mullahs. and one step back. Reports indicate that, in Khamenei installed Ali Akbar Hashemi 2003, Iran, with the blessing of Khamenei, se- Syria on the carpet to explain their conduct Rafsanjani, an advocate of rapprochement cretly proposed talks with the United States in backing Hezbollah, in providing personnel with the United States, as chairman of the on Iraq and Iranian nuclear ambitions. That to do more than train Hezbollah, more than Expediency Council, a senior position as ar- same year, the United States offered to send advisers being integral parts of the military biter between the legislature and constitu- a high-level delegation to Tehran following offensive of Hezbollah.’’ Twenty-seven years of silence broken only tional court. Rafsanjani, Ahmadinejad’s ad- the earthquake in Bam, only to be rebuffed by a few whispers, however, has not worked versary in the 2005 election, is thought to by Iran. Unfortunately, this tentative shuffle and has left us in the dangerous predicament have been given the position to act as a never amounted to anyone sitting down at in which we find ourselves today. All the counterweight to Ahmadinejad. Some ac- the table at the same time. while, the United States has been watching counts suggest that Rafsanjani has taken an There are some indications, vague as they from the sidelines. Something has to give. increased profile in Iranian diplomacy, a may be, that Tehran may again be interested Current U.S. policy does not include direct move not likely done without the coordina- in establishing dialogue with Washington. talks with Iran with no preconditions. Per- tion and approval of Khamenei. For example, on May 8, 2006, Ahmadinejad Despite the many factions within Iran’s sent an 18-page letter to Bush. Following haps it is time to stop passing notes to leadership, Ahmadinejad, former president that letter, USA Today reported that Ali Tehran via the Swiss and to sit down and Muhummad Khatami, Khamenei, and Larijani, Iran’s top nuclear negotiator, said start talking. Rafsanjani all advocate a nuclear Iran. In ad- in a television interview that I ‘‘[p]erhaps, it NORTH KOREA dition, although Rafsanjani is considered to could lead to a new diplomatic opening. It Just as the United States has been criti- be a relative moderate, he has still labeled needs to be given some time.’’ Further, ac- cized by its European allies for not dealing Israel as ‘‘the most hideous occurrence in cording to Time, a senior Iranian official de- directly with Iran, we have encountered history,’’ which the Muslim world ‘‘will scribed the letter as being designed to offer similar criticism from Russia, China, and vomit out from its midst.’’ Regrettably, ‘‘new ways for getting out of the current, South Korea for not directly engaging North these are the views held by those with whom fragile international situation.’’ Korea. It is clear, as pointed out by John we must engage. Muhammad Nahavandian, a close adviser McLaughlin, former deputy director of the Notwithstanding Iran’s leadership, we to Iran’s top nuclear negotiator, was report- Central Intelligence Agency, that ‘‘the North must constantly remind ourselves of those edly in the United States for a few weeks seems sure to engage us. It could be across a over whom they rule. The United States during that same month. According to News- table. It could be with the consequences of should effectively communicate our desire week, he told Robert Malley, a former Clin- its negative behavior or its own ability.’’ for a prosperous Middle East, free of tyranny ton administration official, that Khamenei The United States should focus on the table and oppression, that respects human rights was eager to broaden Tehran’s tentative coin hopes of preventing the consequences. and rule of law and where governments rep- operation with Washington on Iraq and other Today, North Korea exists in the dark, resent and ref1ect the desires of those they subjects and that he was ‘‘putting out feel- both literally and figuratively. The regime govern. Further, we should be frank when ers.’’ In addition to these developments, I of Kim Jong-il actively pursues an unsuper- conveying our concerns and those of the agreed with Bush’s decision to authorize the vised and unregulated nuclear program. This world to the Iranian people over specific U.S. ambassador to Iraq, Zalmay Khalilzad, program and its long-range missiles pose a problems threatening peace and security. to engage in discussions with Tehran, even if grave threat to regional security and rep- Nearly three-quarters of Iran’s 70 million they were initially restricted to Iraq. In resent a hostile posture toward the United people are under the age of 30. Placing our time, it is my hope that such discussions will States. Meanwhile, the 23 million residents disagreements with Iran’s leadership aside, lead to a broader dialogue. of North Korea remain among the poorest not letting these people know what we stand What is most significant in our recent and most repressed in the world. for and what we value would be irrespon- dealings with Iran is the offer for dialogue A satellite photo taken of the earth at sible. The United States should focus on this and how the offer in itself outweighs any night reveals lights across much of the popu- emerging population and those who yearn for terms set by either side. Although Tehran lated world. Yet North Korea, with the ex- increased freedom and reform. responded to our interest in joining talks by ception of a tiny dot denoting Pyongyang, is According to the Washington Institute for dismissing our conditions that enrichment totally black. Ironically, this blank spot is Near East Policy, a 2002 poll conducted by be suspended, the offer clearly had an im- symbolic for just about everything about

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Asad resisted, citing that Syria was What we do know, as Esther Pan of the move us closer to the negotiating table nor ‘‘at war’’ with Israel and that emigration Council on Foreign Relations observes, is a solution. had the potential to strengthen Syria’s that North Korea has ‘‘developed a nuclear DIALOGUE, EVEN WITH FOES, CAN BE enemy. I continued to press this issue in sub- arsenal of an estimated six to eight nuclear CONSTRUCTIVE sequent meetings with him. As I reported in weapons and continued to enrich nuclear Involvement in foreign policy matters is a an article I wrote for the New York Post in fuel; removed its nuclear program from all time-honored role for members of the Senate 1994, after I continued to press the issue, international treaties, obligations, and safe- and one in which I have enjoyed partici- ‘‘Asad responded with a romantic offer that guards; decided when to negotiate and when pating during my quarter century in this he would allow any Jewish woman to leave to drop out, and then set the terms for re- body. Active involvement in these issues by when a suitor came to Syria and took her to turning to negotiations; [and] steadily in- members of the Senate is not meant to sup- the United States to marry. That offer was creased the amount of unconditional aid it plant the roles of the president, secretary of relayed to the active Syrian Jewish commu- receives from international sources,’’ includ- nity in Brooklyn and elsewhere.’’ Ulti- state, or their designees. Our foreign policy ing more than $1 billion from the United mately, Syrian policy was altered to permit priorities are set by the executive branch. States over the last 10 years. On October 9, Yet, my own experiences in this area, even Jews to emigrate. 2006, North Korea claimed to have conducted As a result of my many lengthy conversa- with leaders such as Arafat or Saddam and an underground nuclear test. Given this dis- tions with Asad, we developed a congenial re- on issues such as human rights with China, concerting state of affairs, it may be appro- lationship. In August 1995, I told Asad that have convinced me that maintaining a dia- priate for the United States to deal directly when Yitzak Rabin, Shimon Perez, and logue and allowing cooperation in areas of with North Korea. Arafat received the Nobel peace prize for the common interest, even with our most pro- I commend the administration for enlist- Oslo accords, if Asad made peace with Israel, nounced foes, should be one of our nation’s ing North Korea’s neighbors to engage he too would be honored. Asad replied by priorities because of its potential to yield Pyongyang. Regrettably, that regime has re- laughing, saying that he might be well re- positive results. I offer my own experiences, fused to return to the six-party talks with ceived in Stockholm but probably would not having traveled to 95 different countries, in- China, Japan, Russia, South Korea, and the be permitted to return to Damascus. Never- cluding Syria, Cuba, and Venezuela, as exam- United States. On May 17, 2006, I was pleased theless, I continued to urge Syria to partici- ples of why I believe maintaining an active to read in the New York Times that ‘‘Bush’s pate in discussions with Israel in hopes of al- dialogue and open lines of communication top advisers have recommended a broad new leviating tensions between the two neigh- preserve the potential to find peaceful solu- approach to dealing with North Korea that bors. would include beginning negotiations on a tions to resolve differences with our adver- Asad had initially rebuffed offers to open peace treaty, even while efforts to dismantle saries. talks with Israel, stating that Syria would My first opportunity to promote dialogue the country’s nuclear program are still only participate in talks sponsored by all in the face of an international crisis came in under way.’’ As reported, such a deal would five permanent members of the UN Security the spring of 1982 when serving my first be contingent on North Korea returning to Council. Israel was opposed to this format, term. Following a Saturday radio address by the six-party talks, something I hope the believing that only the United States would Reagan, which noted that the Soviet Union North will do. Regardless, it is possible to support Israel in such negotiations. When I and the United States had enough nuclear address North Korea both in multilateral pressed Asad on this issue again in 1990, he weapons to destroy the other, I proposed a and bilateral fora. indicated that he had changed his position Senate resolution calling for a summit be- On June 1, 2006, Pyongyang extended an in- on the proposal and that Syria would be will- tween the leaders of each nation. Relying on vitation to the United States for talks, ing to participate in meetings organized by the doctrine of mutually assured destruction which Washington declined. This may have the United States and the Soviet Union. As was not a sufficient way to provide security been an opportunity worth taking. As Kevin I reported in a floor statement, this change for either nation. The obvious solution to O’Neill and David Albright conclude in their was significant because it appeared to be this standoff was to have a negotiated arms book, Solving the North Korea Nuclear Puz- part of a broader Syrian initiative. ‘‘In our zle, ‘‘Serious misunderstandings, missed op- control agreement. Upon calling for a vote on my resolution January 1989 meeting, I asked on three sepa- portunities, and false expectations have during consideration of the annual Depart- rate occasions, separated by respectable pe- often plagued the U.S.-North Korean rela- ment of Defense authorization bill, I was riods of time, what it would take for Syria tionship.’’ In my opinion, dialogue is one sharply challenged by Senator John Tower and Israel to become friends. President Asad way to avoid these pitfalls in the future. (Tex.), a fellow Republican and chairman of answered, after a third query, that it was not The problems in our bilateral relationship a question of friendship, but that ‘normal- do not end with North Korea’s nuclear ambi- the Armed Services Committee. Citing my short tenure, Tower questioned my authorizing’ a relationship between Syria and tions. North Korea’s human rights record is Israel might be possible under certain cir- deplorable. The Department of State re- ity and knowledge on the issue. Senator Paul Laxalt (R–Nev.), one of the first members to cumstances.’’ ported on March 8, 2006, that ‘‘the govern- I relayed this offer to Israeli Prime Min- vote, supported my resolution. Tower told ment’s human rights record remained ex- ister Yirzhak Shamir, who was ‘‘surprised’’ Laxalt, ‘‘Specter’s trying to tell the presi- tremely poor, and the regime continued to and ‘‘pleased’’ with Asad’s overture. One dent what to do.’’ He replied, ‘‘Well, what’s commit numerous serious abuses. The re- year later, in October 1991, Syria partici- wrong with that? . . . Everyone else is too, gime [has] subjected citizens to rigid con- pated in the Madrid peace conference cospon- but Specter’s right.’’ Following a lively de- trols over many aspects of their lives.’’ The sored by Washington and Moscow. Although bate, after which Tower was confident his report cited extrajudicial killings, arbitrary the three days of talks did not yield a peace position would prevail, my resolution was detention, life-threatening prison conditions, agreement, the summit marked the first bi- adopted by a vote of 90–8. It did not produce torture, and forced abortions and infanticide, lateral talks between Israel and Syria. It is immediate talks between the United States as well as denial of freedom of speech, press, preferable to have the Syrians, Lebanese, and the Soviet Union, but it showed the sup- religion, assembly, and association. The Jordanians, Israelis, and Palestinians airing port of the Senate for dialogue and may have North is one of the world’s preeminent coun- their grievances over coffee at a negotiating given a little impetus for the summits dur- terfeiters and has long been suspected of table in Spain than through violence in the ing the 1980s. trafficking drugs. While we work to quell the streets of the Middle East. North’s desire to be a nuclear state, we must SYRIA Five years later, during my 1996 visit to not simply trade resolving the nuclear issue I first traveled to the Middle East in 1964. the region, I served as a line of communica- for another nefarious vice. A repressed, cor- In the intervening 42 years, I have made 24 tion between Jerusalem and Damascus. Prior rupt, and hungry North Korea is not a trips to the region before and after election to my visit, Israeli Prime Minister Benjamin healthy, stable, and secure North Korea. to the Senate. Since 1984, I have visited Netanyahu indicated that his government The complexities in our bilateral relation- Syria 15 times, had nine lengthy meetings would hold Syria accountable for the actions ship with Iran and North Korea are different. with Asad, attended his funeral on the only of Hizballah along the Lebanese border. This On both accounts, however, we have failed to congressional delegation to Syria in 2000, caused Syria to realign its troops in a pos- grasp the correlation between U.S. policy and met with his son and successor, Bashar ture hostile to Israel, resulting in a dramatic and nationalism and how it leads to support al-Asad, on three occasions. I have spent rise in tensions between the two countries. those in power. U.S. saber rattling and much of my time in the region shuffling be- On one side, Syria’s four-million-man army threats of regime change have permitted un- tween Damascus and Jerusalem, which led amassed, and on the other side lay Israel’s savory leaders in each nation to incite name to coin the term ‘‘shuffle diplomacy,’’ sophisticated and combat-tested military of tionalist sentiments, leading them to similar perhaps to Henry Kissinger’s ‘‘shut- 1.5 million. strengthen their grip on power. As Henry tle diplomacy,’’ to describe my efforts to On August 27, 1996, I met with Netanyahu Kissinger wrote in his May 16, 2006, Wash- bring resolution to issues confronting these in Israel. During my report to the Senate, I ington Post op-ed, ‘‘Focusing on regime neighbors. informed my colleagues that ‘‘Mr.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.038 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11282 CONGRESSIONAL RECORD — SENATE December 6, 2006 Netanyahu said he wanted to begin peace ne- Israel. He said he did not think it appro- just come from a meeting with dissidents, I gotiations with his Arab neighbors,’’ that he priate to conclude a treaty before Israel and pressed Castro to release the political pris- ‘‘was eager to get to the negotiation table the Palestinian Authority had reached a oners in his jails. Castro tried to shift the with Syrian President Asad,’’ and that he final settlement but that Syrian-Israeli topic of conversation from his prisoners by ‘‘asked me to carry a message to President talks could proceed on a separate track. Al- bringing up the case of five Cubans convicted Asad, whom I was scheduled to meet with though other events in the region have of spying in the U.S. whose convictions were the next day.’’ The following day, I traveled eclipsed this opportunity, I believe we should recently overturned.’’ In reply, I suggested to Damascus and met with Asad for three continue aggressively to advocate peace be- to Castro that ‘‘far from being an example of and a half hours. As I reported in a floor tween these nations so its failure does not American wrongdoing, this kind of fair proc- statement, ‘‘I conveyed Israeli Prime Min- become the lead story tomorrow. ess is exactly the type of justice he should be ister Netanyahu’s message that Israel had CUBA offering to his own people. I also pressed Cas- only peaceful intentions toward Syria, that tro to open his country to democracy and My experience with Syria provided an op- both sides should move immediately to re- dissent. He listened, but my exhortations ob- portunity to reduce hostility between a U.S. duce military tensions, and that Mr. viously had no effect.’’ I conveyed to Castro Netanyahu wanted to reopen direct negotia- adversary and one of our allies. My travels that if the Cuban government initiated some tions between Israel and Syria.’’ have also included three trips to Cuba and reforms on democratization or freedom of Asad did not seem interested in the offer meetings with Castro since June 1999, most speech, U.S. policymakers would be more fa- and told me that ‘‘Syria would not go back recently in August 2005. These sessions have vorable to modifying trade policy toward to the table until Prime Minister Netanyahu given me the opportunity to understand how Cuba. reaffirms the land-for-peace basis of negotia- our nations’ confrontational history has These meetings have left me with the con- tions, and agrees to pick up where Israel’s been viewed from the perspective of Cuba’s viction that, before giving consideration to Labor Government left off.’’ Asad further leader. They have also proven to me that it any modification of the U.S. embargo, rela- asked me to convey that Syria’s troop move- is possible to find some areas of common tions between our two countries can be im- ments along the border were routine and not ground, even with our most ardent foes. In mediately strengthened in areas such as drug intended to threaten Israel. I returned later time, it is my belief that small cooperative interdiction in the Caribbean and medical re- that evening to meet with Netanyahu and re- efforts can help to break down the barriers search. I proposed to Castro the possibility layed Asad’s comments that the military ac- that divide us, leading to expanded coopera- of U.S.-Cuban cooperation in drug interdiction on the border was not to be interpreted tion and better relations. tion efforts. Cuba occupies a strategic loca- by Jerusalem as aggressive. Since the early 1960s, Cuba has been viewed tion for combating the flow of drugs from Upon my return to the United States, I as a Communist stronghold 90 miles off the Latin America to the United States and met Walid al-Moualem, Syrian ambassador coast of Florida. The Cuban missile crisis, could be very helpful to U.S. law enforce- to the United States, to get an update on the suspicions of Cuban complicity in the assas- ment efforts. In 1999, Castro said, ‘‘[W]e are situation between Syria and Israel from his sination of President John F Kennedy, and willing to cooperate’’; and as I reported in a perspective. As reported in a floor statement rumored assassination attempts on Castro floor statement, he ‘‘suggested a formal rela- at the time, ‘‘Ambassador Al-Moualem told by the CIA have complicated our relation- tionship with the United States in order to me that his government viewed my August ship. As a result, U.S. policy has consisted make progress on drug interdiction in efforts round of talks between Prime Minister largely of isolating the island nation in the area.’’ In my view, this remains an Netanyahu and President Asad as having through comprehensive economic sanctions. offer the United States should not only ac- been helpful in deescalating the dangerous During my first meeting with Castro in 1999, cept but robustly support. tensions . . . and the Ambassador encour- we talked about a number of the issues that To that end, I have introduced amend- aged me to return to the region for another have divided our countries for so long. I was ments to provide funding for such collabora- round of meetings aimed at helping the par- particularly interested to hear him speak on tion in the foreign operations appropriations ties find a basis to reopen their peace nego- the assassination of Kennedy because of my bills each year since fiscal year 2001. I have tiations.’’ Moualem later told me that I had work as an assistant counsel on the Warren been successful in convincing my Senate col- ‘‘gained the trust and confidence and per- Commission. As I reported in a floor state- leagues to support the provision. Regret- sonal relationship with President Asad’’ be- ment, Castro ‘‘maintained that the Cuban tably, the House of Representatives was in- cause I was ‘‘objective’’ even though ‘‘no- government played no role in the assassina- sistent on dropping the language because of body could question [my] support of Israel.’’ tion, and that it would have been insane for anti-Cuban sentiment among a number of I later received a similar suggestion from it to have become involved, given that the House members, which was supported by the Netanyahu during a phone conversation. United States, by his reckoning, was looking Speaker of the House. Yet, when there were As a result of this encouragement, I re- for provocation or pretence to invade Cuba. more material issues involved, such as farm turned to the region three months later, in . . . President Castro was relieved that the trade, Congress was supportive. November 1996. During my November 20 Warren Commission concluded Cuba was not Nonetheless, at my insistence, the FY 2002 meeting with Netanyahu, he informed me involved with Oswald.’’ Foreign Operations Appropriations Con- ‘‘that tensions with Syria [have] been re- On the Cuban missile crisis, Castro related ference Report, H.R. 2506, included a provi- duced since the August/September time pe- how Premier Nikita Khrushchev had mistak- sion directing the secretary of state to re- riod and that he wants to continue to de-es- enly revealed to him a promise by Kennedy port on how U.S. counternarcotics assistance calate the saber rattling. He asked me to to withdraw U.S. missiles from Turkey and to Cuba would decrease the flow of drugs in convey this and specifically that Israel has Italy. As a result, Castro was told, Moscow the region. In July 2002, the State Depart- no aggressive intent against Syria.’’ would breach its agreement with Havana by ment reported that, ‘‘should Cuba make in- Netanyahu also told me to tell Asad ‘‘that he removing its own missiles from Cuba, leav- creased seizures and arrests, it could help wishes to [reopen peace talks] as soon as posing the island vulnerable to a U.S. invasion impede the drug traffic through the Ja- sible and that he is ready, willing, and able in Castro’s view. Castro saw a bright side to maica-Cuba-Bahamas corridor.’’ to be personally involved in such talks.’’ the Soviet withdrawal. As I reported in a Another area in which closer relations may I flew to Damascus after my meeting with floor statement, Castro stated, ‘‘We pre- be mutually beneficial is medical research. Netanyahu to transmit the message to Asad. ferred the risk of invasion to the presence of Scientists in Cuba have shown promise in de- As reported in a floor statement, ‘‘President Soviet troops, because it would have estab- veloping a meningitis B vaccine. During my Asad did generally seem to share Prime Min- lished [the] image [of Cuba] as a Soviet visit to Cuba in January 2002, I met with a ister Netanyahu’s desire to continue to ease base.’’ team of researchers at the Finlay Institute and avoid military tensions which could lead Prior to that first meeting with Castro, I in Havana, which entered into a cooperative to unintended hostilities. . . . Asad received had examined the records of the Church agreement with GlaxoSmithKline in 1999 to this portion of Prime Minister Netanyahu’s Committee and found that there was evi- develop this vaccine. Based in part on what message positively and reiterated his own re- dence of eight or nine attempts by the I learned from these conversations, I remain turn message to the same effect.’’ United States to assassinate him. When pre- convinced that a better relationship with Seven years later, on my 2003 trip to the sented with this number, Castro scoffed and Cuba and the erosion of existing barriers Middle East, Prime Minister Ariel Sharon said the actual number was more than 300. would benefit both countries. denounced Syria’s harboring of terrorist or- When asked how it felt to be the subject of VENEZUELA ganizations and its support for Hizballah in so many attempts on his life, he responded After traveling to Havana last year, I had Lebanon. I asked him if he would be willing by asking if I had a sport. When I told him the opportunity to meet with Chavez on Au- to enter into peace negotiations with Damas- I was a squash player, Castro retorted that gust 17, 2005. It is clear that the United cus, brokered by the United States, similar ‘‘avoiding assassination is a sport for me.’’ States and Venezuela are at odds over many to those in which Prime Minister Rabin had In all of my three meetings with Castro, I different issues, but there are areas of inter- participated in the 1990s. He acquiesced with pressed him on Cuba’s deprivation of human est, such as drug interdiction, where our two the assurances that there would be no pre- rights and the failure to have contested elec- countries can work together. These common conditions. I conveyed his response directly tions. I also met with a delegation of human interests can perhaps serve as a catalyst to to President Bashar al-Asad three days later. rights activists, many of whom had been construct a dialogue on our differences. Asad responded favorably, saying he was jailed for expressing anti-Castro sentiments. On August 7, 2005, 10 days before I arrived, willing to participate in peace talks with As I reported in a floor statement, ‘‘Having Chavez suspended cooperation with U.S.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.040 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11283 counternarcotics officials after accusing U.S. Mr. REED. Mr. President, I rise to mediate attention to these issues in Af- Drug Enforcement Administration agents of express my support for Dr. Robert ghanistan, a linchpin in our war conducting intelligence operations. Prior to Gates to be the next Secretary of De- against terror. my meeting with Chavez, all efforts by the U.S. ambassador to Venezuela to secure fense. Dr. Gates is poised to take an ex- One of the unintended consequences meetings with high-level Venezuelan offi- traordinarily difficult job at one of the of U.S. operations in Iraq is the en- cials to resolve the dispute had been unsuc- most dangerous times in U.S. history. hanced strategic position of Iran. With cessful. After being briefed on the situation He will face a number of pressing prob- the election of Iranian President by our diplomats in Caracas, I met with Cha- lems. Clearly, the most pressing prob- Ahmadinezhad, the nation has become vez and requested that he direct his min- lem facing Dr. Gates is determining the increasingly belligerent to the United isters to meet with the U.S. ambassador. As next step of U.S. operations in Iraq. States and Israel, a key ally of the I reported in a t100r statement, ‘‘At the con- Today the Iraq Study Group released clusion of our meeting, President Chavez United States. The Iranians continue agreed that it would be useful for his Foreign its report. It begins: to press for what they describe as a Minister and Minister of Interior to meet The situation in Iraq is grave and deterio- nonmilitary nuclear program. Despite with our Ambassador the following week to rating [and] there is no path that can guar- the threat of international sanctions, try to resolve [U.S.-Venezuelan] differences antee success. they are developing their ability to en- on drug enforcement.’’ The study group makes a series of rich uranium, a necessary step for both After our discussion on narcotics policy, recommendations that are strikingly a civilian nuclear program and a mili- Chavez further suggested that consideration similar to the Levin-Reed amendment ought to be given to forging a new drug tary weapon. The fear, which I believe interdiction agreement. Although the State that was offered last June. These rec- is justified, is that with access to en- Department’s ‘‘2006 International Narcotics ommendations include engaging Iraq’s riched uranium in the context of a nu- Control Strategy Report’’ determined that neighbors, including Iran and Syria, clear power program, the Iranians Venezuela can no longer be certified as an encouraging the Iraqi Government to would be unable or unwilling to avoid ally in the war on drugs, the report noted increase their efforts to bring security the temptation to use this material to that continued U.S. work with Venezuelan to their people, reconciliation and gov- construct a nuclear device. law enforcement: led to record cocaine sei- ernance reforms to their nation, and zures in 2005. The report also states that the Then there is North Korea, the ac- United States is committed to renewing co- the transition of the mission of our tions of which have also become in- operation with its Venezuelan counterparts troops from combat operations to creasingly belligerent over the last 2 at all levels in the war on drugs in 2006. training; also, the recommendation years. They have walked away from During our meeting, Chavez expressed his that there be a complete redeployment the agreed upon framework, ejected concern about statements from the United of most of these combat forces by the States portraying Venezuela as a desta- international inspectors, and now like- beginning of 2008. ly have enough plutonium to build 10 bilizing force in Latin America. Specifically, These recommendations are realistic Chavez mentioned comments made in Peru nuclear weapons. On the 4th of July by Secretary of Defense Donald Rumsfeld in but they are also very difficult and, I they provocatively tested a long-range which the secretary referred to Chavez as ‘‘a presume, not well liked—at least ini- missile. The test was a failure, but it guy who seemed like a comic figure a year tially—by this administration. Evalu- underscored their determination to ago [that] is turning into a real strategic ating and implementing these rec- challenge the international commu- menace.’’ I responded by calling on both ommendations will be the daunting but sides to cease the harsh rhetoric that I be- nity. Finally, on October 9, they tested necessary task of Dr. Gates. a nuclear device. lieve is counterproductive to enhancing our Dr. Gates also needs to focus his at- bilateral relationship. On August 19, 2005, I tention on Afghanistan, the initial and I argue that Iranian and North Ko- wrote to Rumsfeld, stating that ‘‘I believe rean nuclear aspirations raise the most there is a window of opportunity at this time proper focus on the war on terror. Re- ports make it increasingly clear that serious strategic issues we face today. to resolve the disagreement on drug interdic- If these countries are not checked, tion policies’’ and that ‘‘it may well be help- we are losing ground. The Taliban has then there is a significant probability ful to, at least, have a moratorium on ad- regrouped and rearmed. This spring, verse comments on Venezuela.’’ they mounted the toughest resistance of a regional arms race. TALKING PAYS since 2001. Suicide attacks, which were All of these international engage- These examples highlight but one senator’s once unknown in Afghanistan, have ments, all of these international chal- efforts to forge a dialogue with foreign lead- more than doubled this year. Lieuten- lenges, are creating enormous strains ers. The full weight of the White House and ant General Eikenberry, formerly the on our military, particularly our our diplomatic corps can accomplish much ground forces. Recent studies have more. I encourage the administration to au- commanding general of Combined Forces Command Afghanistan, believes shown that two-thirds of our Active- thorize more dialogue with those we consider Duty Army and more than two-thirds combative or enemies. The United States the fiercest fighting yet will be next will be in a better position when it is en- spring. of the National Guard are rated as gaged in long, hard diplomatic slogs than NATO’S International Security As- ‘‘nondeployable’’ ‘‘noncombat ready’’ military conflicts. sistance Force has assumed control of principally because of equipment It is clear that isolation has not been suc- forces in Afghanistan, but this force is shortages. This is a shocking and scan- cessful on many fronts. It did not prevent only at 85 percent strength. Almost 5 dalous record. Saddam from repressing his people, it has This administration has allowed two- not crushed the government of Castro, and it years after the U.S. invasion of Af- certainly does not appear to be working in ghanistan, only half of the money thirds of our Army forces to essentially dealing with Chavez, Ahmadinejad, or Kim. pledged by the international commu- be denied the equipment—in some It has been my experience that dialogue, nity to rebuild Afghanistan has been cases, the personnel—to be fully rep- even with pronounced foes, can lead to con- delivered and spent. Sixty percent of resented for combat. Virtually every structive results. This is particularly true if the country is still without electricity, active brigade not currently deployed the conversation starts on areas of common 80 percent without potable water, and is not prepared to meet its mission if interest and works up to the main areas of called upon. disagreement. Such an investment takes the unemployment rate is 40 percent. time and hard work to see results on our Without viable alternatives, residents One of the reasons these brigades are most critical national security interests. of Afghanistan return to what ensures not ready is because of equipment The United States should treat each coun- they will survive and, unfortunately, in shortages. Over a year ago, the Army try and its leaders, no matter how horrific many cases, that is growing poppies. estimated that in order to reset equip- their views, with some form of dignity and Last week, the U.N. and World Bank ment being used in theaters of oper- respect for their sovereignty. The United released a report stating that poppy ation, it will require approximately $12 States, perhaps more than any other nation in history, has a great capacity to serve as a cultivation increased 59 percent and billion in funding every year of ongoing conduit of peace. It is my hope that we take opium production by 49 percent over operations until 2 years after oper- every opportunity to ensure this capacity is the last year. It concludes that inter- ations cease in Iraq and Afghanistan. not wasted. national efforts to combat opium pro- The Marines have been slowly coming Mr. SPECTER. I yield the floor. duction, which includes $400 million in back from a $16 billion reset, but they The PRESIDING OFFICER. The Sen- U.S. counternarcotics funding, have still need $3 billion to draw even and ator from Rhode Island. failed. Dr. Gates will have to pay im- will still incur annual operating costs.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.042 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11284 CONGRESSIONAL RECORD — SENATE December 6, 2006 Besides equipment, the Army and plan for the maintenance of troops, I yield the floor. Marines must worry about their per- equipment, and operations because The PRESIDING OFFICER. The Sen- sonnel. The present Active-Duty Army none of this spending can be counted ator from Florida. end strength is approximately 504,000. upon in terms of the exact number and Mr. NELSON of Florida. Mr. Presi- About 400,000 soldiers have done one the timing of the passage of the supple- dent, while my colleague from Rhode tour of combat duty, and a third have mental. The supplementals, as large as Island is here, I want to ask him a cou- deployed twice. In order to meet re- they are, still are insufficient. The ple questions. He is my friend, and he cruiting goals, the Army has increased Army, even with supplementals, is cit- is one of the truly knowledgeable Mem- the maximum age for enlistment and ing billions of dollars in shortfalls, par- bers of the Senate on matters having lowered the physical, academic, and ticularly with respect to equipment to do with the defense of our country. ethical standards. To meet retention resets. They will not last forever, since With all the things that the Senator goals, the Army has implemented stop I can anticipate, we all can anticipate, has outlined, which are certainly loss measures and offered increasingly the reaction of the American public to true—the lack of equipment; the wear- large reenlistment bonuses. There are another request for $100 billion or ing out of equipment; the fact that presently 184,952 Active and Reserve more. some of our troops went into Iraq and Marines on duty. Over the past 4 years, Finally, when the supplementals do did not have the proper equipment, 169,558 have been deployed, a signifi- cease, either totally or in significant even body armor; the fact that, as the cant number of Active and Reserve Ma- numbers of dollars, the Army and Ma- Senator has stated, the recruitment rines. This operational tempo simply rine Corps will still have troops and goals are not being met; the fact that cannot be sustained. Again, Dr. Gates equipment in the field, with no fund- more and more of the load is being put will have to address this issue or risk ing. They will face a precipice, if you on the Reserves and the National the future health of the Army and Ma- will: They still have a responsibility, Guard, which is taking particularly the rine Corps. they still have the personnel, they still National Guard away from its initial Dr. Gates also faces extraordinary have the equipment, but where is the responsibility with regard to the budget challenges. The fiscal year 2007 funding? These are extraordinary prob- States—my question to the Senator Defense Appropriations Act was $366 lems that Dr. Gates is facing, most of would be, since these two Senators billion, the largest Defense bill in his- them a direct result of poor decisions were quite impressed with the candor tory. Still, it is not enough. The made by the administration and the of Dr. Gates, is he going to be able to Army’s share of the fiscal year 2007 Department of Defense. make a difference in his advice to the budget was $98.2 billion. Secretary Most of these issues were raised with President? Will the President listen? Rumsfeld set the Army’s fiscal year Dr. Gates in yesterday’s confirmation Mr. REED. Mr. President, I think the 2008 budget at $114 billion, an increase hearing. Although there were some Senator from Florida has put his finger issues that Dr. Gates did not yet have but insufficient. In response, Army on a critical issue, perhaps the most in-depth knowledge of, he was frank in Chief of Staff GEN Peter Schoomaker critical. I believe Dr. Gates will give his responses and open to the ideas and took the unprecedented step of refusing good, sound advice. He will listen. But open to the advice of all who asked him to submit the 2008 budget plan by the the real question is, Will that advice be questions. accepted by the President? And will August 15 deadline. General For months, I and many of my col- the President be able to redefine policy Schoomaker has determined in fiscal leagues have called for a change in our year 2008 the Army needs $138.8 billion course in Iraq and in the rest of our in such a way that is realistic and just to continue to operate. Again, it is foreign policy. I believe that Dr. Gates achievable? And also, will he be able to an unprecedented step in which a Chief is a signal of that change. I do not be- articulate this policy and rally the sup- of Staff, a uniformed officer, would not lieve that he is invested in the deci- port of the American public as we go submit his budget to the Secretary of sions, many of them bad, that have forward—and not only the American Defense. been made in the Department of De- public but the international commu- The Navy, which is not significantly fense over the last 5 years. I also be- nity? But my sense, my hope is that involved in the Iraqi and Afghanistan lieve he will have a completely dif- Dr. Gates will take that first impor- theaters, is still key to our foreign ferent management style from Sec- tant step of speaking truth to power, presence around the world. Today’s retary Rumsfeld, allowing civilians and even though it is unpopular truth. Navy fleet numbers 278 ships. The Chief military personnel to speak more free- Mr. NELSON of Florida. That is well of Naval Operations’ 5-year ship- ly. I believe these differences will allow said. Let me ask my colleague one fur- building plan calls for new ship con- honest, albeit difficult, discussions to ther question of his opinion, Mr. Presi- struction with necessary funding of take place and changes to be made. dent. $14.1 billion beginning in fiscal year I have had the opportunity to get to My question would be that one of the 2008 and rising to $19.1 billion in fiscal know Dr. Gates over the past 5 years. I things this Senator was struck with year 2012. This is a huge number, but have found that he is a thoughtful, ex- yesterday in hearings, basically all without this critical funding our fleet perienced, and realistic voice on for- day, was that he came to the table re- will be in jeopardy. And, again, the eign policy. He is a good listener, and I freshingly open in a nonpartisan way, Secretary of Defense has to respond to think he will draw on a cross-section of much more in a bipartisan way. We this request by the Chief of Naval Oper- views when making decisions. I com- certainly have not seen a lot of the ations. mend him for leaving private life and a conduct of this war in the past several All of this is in the context of the job he clearly loved to take on a very years being done in a bipartisan way. regular budget. But as we all know, we public job that will be thanklessly de- I ask the Senator: How do you think have been funding operations in Af- manding. Dr. Gates, as the new Secretary of De- ghanistan and in Iraq through Perhaps the most difficult task that fense, is going to be able to involve supplementals. To date, $495 billion has Dr. Gates faces is bringing unvarnished that process, where those of us on both been appropriated through these reports of bad news to a President and sides of the aisle will be able to partici- supplementals for our efforts in Af- inner circle who do not like to hear pate and assist him in his role as Sec- ghanistan and Iraq. Press reports indi- such things. However, I believe that retary of Defense? cate that the Pentagon is preparing a Dr. Gates has the stature and the Mr. REED. I have always been im- new supplemental. The request is in wherewithal and the will to do what pressed by the fact that Bob Gates the range of $127 to $150 billion just for needs to be done. evaluates the quality of the idea, not an additional year of operations in The months ahead are going to be just the source of the idea. I got to these theaters of war. difficult, not only for Bob Gates but know Bob Gates in that same context There are several problems with also for our military. However, I have of bipartisan foreign policy delibera- these supplementals. They contribute confidence that Dr. Gates will be an tion at the Aspen Strategy Group with directly to our Nation’s deficit, which able leader and, therefore, I will sup- a group of individuals. Some of our col- is $248 trillion. They do not allow the port his nomination and wish him well leagues were there, including Senator military to effectively and efficiently in a very daunting task. FEINSTEIN and others. But it is chaired

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.084 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11285 by Brent Scowcroft, who was the Na- force that was going to be needed, not President on what he believes is the tional Security Adviser for President only in Iraq but around the world. He best way to proceed. George Herbert Walker Bush, and co- recognizes that we have a problem Some of those innovative ideas will chaired by Joe Nye, who was in the right now in Al Anbar Province, that be found in the New Army Field Man- Clinton administration. General Abizaid recently had told us he ual for Counterinsurgency Warfare. Bob Gates is someone who brings to was going to increase the presence This is a vital document that will di- the foreign policy arena this sense of there by 2,200 marines in a Marine ex- rectly address what I have heard from reaching out to both sides. In fact, as peditionary unit, that that is a part of many returning soldiers, that the he pointed out yesterday—and I think the country that is clearly not under Army’s culture is one that emphasizes the Senator heard—one of the tasks he control. the use of firepower and conventional sees that he must perform is to create So I found our deliberations with him warfare rather stability and a bipartisan consensus to sustain the to be refreshing, direct, with the can- counterinsurgency operations. This long war against terror beyond Iraq, dor that ought to be forthcoming from new doctrine will immediately begin to beyond the current dilemmas we are a member of the President’s Cabinet in transform our tactics and training, facing. He will do that by reaching out, his interaction with the Members of thereby being enormously helpful to by listening, again, ultimately, by Congress. After all, this is a constitu- our troops in Iraq and Afghanistan. evaluating the ideas, not simply the tional government, one in which there Dr. Gates has my full support. These source of those ideas. are shared powers—some powers with are trying times for our Nation. Our re- Mr. NELSON of Florida. I say to the the executive branch but some powers solve is being tested. I know that Dr. Senator, thank you. I thank the Sen- with the legislative branch. The way to Gates is the right man to advise the ator for his responses. And his re- have this machine humming is to have President on the means to achieve our sponses mirror the feelings of this Sen- those branches cooperating with each goals and help the Iraqi people usher in ator from Florida. other. My first impression of Dr. Gates a new era in that country. Mr. President, I wanted to come to I yield the floor.PERSONAL is he is going to be that kind of Sec- J the floor and announce that I had retary of Defense to help us continue COMPUTER 059060-A06DE6-043-*****- *****-Payroll No.: 83315 -Name: ys up- voted for Dr. Gates in the committee to work together. because I was impressed by a number of Mr. President, I yield the floor. date -Folios: 464s-465s -Date: 12/06/2006 these attributes that the Senator from Mr. HATCH. Mr. President, today I -Subformat: Rhode Island and I have discussed. And rise in support of the nomination of Dr. Mrs. FEINSTEIN. Mr. President, I among them, clearly, are that this Sen- Robert Gates to become the next Sec- rise today in support of the nomination of Robert Gates to succeed Donald ator grew up in an era in which it was retary of Defense. Rumsfeld as the next Secretary of De- understood that partisanship stopped I have had the opportunity to work with Dr. Gates on numerous occasions fense. at the water’s edge. In other words, I applaud the Senate Armed Services when it became matters of the defense and must note that he was an excellent Committee and Senators WARNER and of this country, that partisanship was member of President George H.W. LEVIN for moving this nomination to Bush’s national security team during over, that we came together in a bipar- the floor in a prompt but thoughtful the first gulf war. This was highlighted tisan way. manner. Sadly, I can say that I do not think by the fact he was nominated and con- I was heartened to see the forthright- that is the way this war has been confirmed to become Director of the Cen- ness and candidness employed by Dr. ducted with regard to reaching out tral Intelligence Agency shortly there- Gates at his confirmation hearing yes- across the aisle and involving both after. Dr. Gates adds intelligence and terday. sides, who all have the constitutional diplomatic experience to a war that in- He fully admitted the need for a responsibility of reflecting and rep- creasingly requires its leaders to go be- ‘‘change of approach’’ in Iraq, stating resenting the will of the American peo- yond tactical military expertise. Fur- his view that we are not currently win- ple. It is very hard to sustain a war un- ther, he is a pragmatist, who will work ning the war and that the ‘‘status quo’’ less you have the support of the Amer- with allies and make necessary is unacceptable. ican people. If that is not done in a bi- changes to our tactics and initiatives. Additionally, he expressed a willing- partisan way, then sooner or later that I was impressed by Dr. Gates’ candid ness to use ‘‘fresh eyes’’ in looking for good will is going to run out. assessment of the war in yesterday’s solutions and promised to keep all op- That is one of the things I was im- confirmation hearing. He asserted, cor- tions on the table. pressed with and pressed Dr. Gates rectly in my view, that the United He committed to cooperating with about yesterday in the hearings: not States is not winning the war, but we the Congress in pursuing its oversight only what appeared to be refreshing are not losing, either. The status quo is responsibilities and said he would al- candor from him but also his approach, not acceptable, and that is why the ways speak boldly and candidly about in a nonpartisan way, to these issues of President has tapped him to do what- what he believed. war and peace. When we talked to ever it takes to bring a successful end Finally, Dr. Gates talked about the him—as in the discussion recently in to our efforts in Iraq. He spoke openly complexities of the situation in Iraq, this Chamber, in the colloquy with the about our failures and our successes so acknowledging that a number of major Senator from Rhode Island about the far, and he underscored what is at mistakes had been made, including: the Guard and Reserves—he recognizes stake: If we are not successful, it could lack of appreciation for how ‘‘broken’’ that is a problem. And he recognizes ignite ‘‘a regional conflagration’’ in Iraq was economically, socially, and that what he is going to have to do is the region. politically, and the costs associated have a more responsible and direct way Dr. Gates understands that we need when we invaded and the problems cre- of utilizing existing forces because, in to refine not the objectives of our ated by the mobilization of the Iraqi the short run, he is not going to be able strategy but how we achieve our goals. Army and the role that our to increase the forces considerably. The President and Dr. Gates remain deBaathification policy played in stok- And he ruled out, in my question to committed to a course of action that ing the current insurgency. him, any return to the draft. So that achieves the goals best articulated by It is my sincere hope that Dr. Gates’ means he has to make the military, Dr. Zalmay Khalilzad, United States nomination signals that the adminis- particularly the Army and the Ma- Ambassador to Iraq. He stated: ‘‘Our tration intends to pursue a new direc- rines, attractive in order to get the re- goal is to enable Iraqis to develop a tion in Iraq, and the Middle East re- enlistments and the enlistments. Cer- multi-ethnic, multi-sectarian rep- gion as a whole. The President should tainly, he has his hands full there, resentative democracy . . .’’ that can see the strong support for Dr. Gates as while being able to keep the Guard’s fully meet is security obligations. a call from Congress for moving away ability to respond to their respective I appreciate his comments that he is from the ‘‘stay the course’’ strategy he States in those times of emergency. ‘‘open to a wide range of ideas and pro- has pursued. Clearly, he had a refreshing candor posals.’’ I know that he is a leader who I hope that Dr. Gates will work with about the question of what was the size will review the options and advise the Congress to establish a clear-eyed and

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.089 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11286 CONGRESSIONAL RECORD — SENATE December 6, 2006 pragmatic approach toward our Na- there is an appropriate and transparent matic and political efforts in the re- tion’s defense policy and seek to re- division of responsibilities between gion make sense so that we can work store the morale of our military. military and civilian intelligence agen- with Iraqis to stabilize their country in I hope Dr. Gates will be open to dis- cies. the spirit of reconciliation. As the senting views and allow the military Fifteen years ago, Dr. Gates came be- Baker-Hamilton report points out, ‘‘if personnel around him to share unvar- fore the Senate as President George the Iraqi government moves forward nished, independent advice. H.W. Bush’s nominee to become the Di- with national reconciliation, Iraqis Dr. Gates is a well-qualified can- rector of Central Intelligence, DCI. will have an opportunity for a better didate for this critical position. His During 4 days of hearings, a number future, terrorism will be dealt a blow, service at the top levels of the CIA and of questions were raised regarding his stability will be enhanced in an impor- the National Security Council has pro- involvement and knowledge of the tant part of the world, and America’s vided close insights into the Penta- Iran-Contra scandal. In addition, alle- credibility, interests and values will be gon’s operations and policies. gations were aired regarding the ma- protected.’’ In my mind, these have al- As a former member of the Iraq nipulation of intelligence for political ways been our goals in Iraq, and I look Study Group, ISG, Dr. Gates under- purposes. forward to working with Dr. Gates and stands the complex challenges our Na- These are serious concerns. my colleagues to accomplish those tion faces. He will be in a unique posi- But what is critical to me today is goals in a responsible way. tion to implement the recommenda- that he shows an independent mind and There are other recommendations in tions in the ISG report, and other op- willingness to eschew ideology and par- the report that are equally important. tions for pursuing a new strategy. tisanship to do what is best for our One such recommendation is that It is clear to me that during the re- men and women in uniform. ‘‘[t]he primary mission of U.S. forces in cent midterm elections the American It is clearly time for instituting new Iraq should evolve to one of supporting people voiced their disapproval with leadership at the Pentagon—something the Iraqi army . . .’’ While I have never this administration’s Iraq policies and I first called for almost a year ago. But supported setting an artificial time- voted for a change of course. such a change will only matter if the table for withdrawing U.S. troops from And the time for changing the course President himself is willing to pursue a Iraq, I believe the Iraqi Government is now. different course. must take responsibility for their The Iraq War has now lasted longer I am looking forward to working country. As such this recommendation than the United States involvement in with Dr. Gates on defense matters, to regarding our troops’ future role in World War II. More than 2,900 troops address the needs of our troops and Iraq makes sense, and I will work with have been killed since March 19, 2003. their families, and to finally bring Dr. Gates on this recommendation. about a change in our Iraq policy—cer- More than 3,000 Iraqis are being killed One other recommendation that I tainly the time is far past due. in sectarian violence every month. want to briefly reference is that ‘‘the Today our military is stretched thin Mr. DOMENICI. Mr. President, I rise United States should provide addi- and its readiness diminished. Some of today in support of Dr. Robert M. tional political, economic and military our troops are now on their third and Gates to be Secretary of Defense. support for Afghanistan . . .’’ The glob- fourth rotations. And, over in Iraq and The position of Secretary of Defense al war on terror is a multifront war, Afghanistan, our military’s equipment has always been one of the most impor- and we must continue to focus on each is wearing out or being destroyed at a tant Cabinet positions in our country. of those fronts. I hope Dr. Gates will cost of nearly $20 billion a year. Never has that importance been more use his knowledge and experience to Ultimately, this war can only be won clear than now, as we must decide on a help Congress and the President make politically. path forward in the global war on ter- decisions about the full global war on Our Nation must make it clear to the ror, including Iraq. terror, including operations in Afghan- Iraqi government that this is not an I share my colleagues’ concerns istan. Our work in Afghanistan is im- open-ended commitment. Iraqis must about the deteriorating conditions in portant, and I hope Dr. Gates will help step forward and take responsibility Iraq. We must carefully assess the cur- us ensure that we do not lose sight of for their own security. Only they can rent situation in that country as well our near- and long-term goals in the make their country a stable state. as our future involvement in Iraq. I am The administration’s war planning hopeful that Dr. Gates will help us ac- overall global war on terror. was shortsighted and ill-conceived. By complish these goals. He has experi- Dr. Gates has a long record of service failing to provide adequate troops to ence with the current situation in Iraq in the area of national security, which secure Iraq, its infrastructure, its as a former member of the bipartisan I believe will serve him well as Sec- weapons depots, and its streets, this Baker-Hamilton Iraq Study Group. As retary of Defense. He has 26 years of administration placed the entire mis- part of that group, he has traveled to national security experience, including sion in Iraq in jeopardy. Iraq and met with Iraqi leaders and serving as an intelligence adviser to six Dr. Gates has stated that he intends U.S. military commanders. I am opti- different Presidents. He has worked at to improve the Department of De- mistic that he will use this experience both the Central Intelligence Agency, fense’s planning efforts in regards to and knowledge to help chart a course CIA, and the National Security Coun- postcombat operations—a capability in Iraq that results in the stabilization cil, including serving as the Director of sorely missing from the current leader- of that country. the CIA. ship. I also hope that as a former member Dr. Gates also has a distinguished ca- I am also encouraged by Dr. Gates of the Baker-Hamilton Iraq Study reer in public service. That service apparent willingness to involve Iran Group, Dr. Gates will carefully review began almost 40 years ago when he was and Syria in diplomatic dialogue—a and analyze the Iraq Study Group’s re- commissioned as an officer in the Air stark contrast from the Bush adminis- port, which was released this morning. Force in 1967. He has received the Pres- tration’s current policy. I believe that report makes some very idential Citizens Medal and the Na- I hope that President Bush will ac- good recommendations and can serve tional Security Medal, as well as two cept the advice of the Iraq Study Group as a vehicle for some changes relating National Intelligence Distinguished and Dr. Gates to engage in diplomacy to our policy in Iraq. I look forward to Service Medals and three Distinguished to solve this crisis. discussing those recommendations fur- Intelligence Medals. Additionally, Dr. Gates has expressed ther in this Chamber. Mr. President, for all of these rea- concerns regarding the Pentagon’s con- The report recommends ‘‘new and en- sons, I support the nomination of Dr. tinued expansion of intelligence activi- hanced diplomatic and political efforts Robert M. Gates to be Secretary of De- ties since the September 11, 2001, at- in Iraq and the region, and a change in fense. I look forward to working with tacks. the primary mission of U.S. forces in him in the coming years on issues re- I share these concerns and look for- Iraq that will enable the United States lating to Iraq, the entire global war on ward to working with Dr. Gates and to begin to move its combat forces out terror, and other issues important to Ambassador Negroponte to ensure that of Iraq responsibly.’’ Renewed diplo- our country’s defense.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.044 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11287 Mr. JOHNSON. Mr. President, yester- stretched nearly to the breaking point the Pentagon, he will have to rely on day the Senate Armed Services Com- by the repeated deployments in Iraq, his pragmatism and his ability to work mittee voted unanimously in favor of with attendant casualties (almost 3,000 with others to develop consensus in Robert Gates’ nomination to be Sec- dead and more than 21,000 wounded), order to create the unified approach retary of Defense. Following robust de- greater difficulty in recruiting, and ac- that is currently lacking in meeting bate in the Senate, I plan to vote in celerated wear on equipment.’’ This is our Nation’s challenges. In his previous favor of Dr. Gates’ nomination. an unsustainable situation. service, he has shown he has the ability During Dr. Gates’ testimony before I look forward to working with Dr. to work with both sides with a high de- the Senate Armed Services Committee, Gates on improving the mental health gree of competency and integrity—and I was encouraged by his candid assess- policies and programs of the Depart- I believe this capacity to work in a bi- ment of the situation in Iraq. Dr. Gates ment of Defense. We must not deploy partisan fashion is critical to our abil- acknowledged that we are not winning military personnel with serious mental ity to work through the challenges we in Iraq and the status quo is unaccept- health conditions, such as face today. able. He signaled his willingness to ac- posttraumatic stress disorder, and we One of his primary goals at the De- tively solicit the advice of military should ensure that proper treatment is partment will be to foster mutual re- leaders on the ground and to work with provided for those in need. spect between our senior military lead- It is time for a change in course in members of both parties to develop a ers and the civilian leadership in the Iraq and a change at the Pentagon is a coherent strategy for Iraq. Dr. Gates’ Pentagon. I look for him to provide our testimony was straightforward and re- step in the right direction. Ms. SNOWE. Mr. President, I rise military leaders a clear voice on mili- freshing. It is a step in the right direc- tary operations. I believe he will listen tion toward resolving the crisis in Iraq. today to support the nomination of Robert Gates to be the 22nd Secretary to them and take their advice on such At the same time the full Senate matters as planning for postcombat op- began debate on Dr. Gates’ nomination, of Defense. Dr. Gates comes to this position with erations and force structure consider- the Iraq Study Group released their a lifetime of service to his Nation and ations in a manner that has been too recommendations for overhauling our fellow Americans. He has served his long dormant. policy in Iraq. The commission’s report country in uniform, as a civil servant, As Dr. Gates assumes the helm at the was stark and sobering and described a policymaker and as an adviser to six Department of Defense he will be re- the current situation in Iraq as grave Presidents, both Democrat and Repub- sponsible for a variety of challenges and deteriorating. lican. He has also served America by ranging from the ongoing trans- I wholeheartedly agree with the Iraq running one of our top institutions of formation of our forces, balancing op- Study Group’s assessment that our higher learning, Texas A&M University erations, procurement and moderniza- commitment to Iraq should not be and by serving on the boards of institution accounts so our military forces open-ended. U.S. support for the Iraqi tions such as the National Association have the tools they need to prevail now government is strong, but Iraqi leaders of State Universities and Land-Grant and in the future, to preparing those must immediately make the necessary Colleges and the National Executive forces to meet global challenges from political decisions to create a sustain- Board of the Boy Scouts of America. It the Taiwan Straits to the jungles of able political settlement. is no coincidence that at his gradua- South America. As a member of the Iraq Study Group tion from William and Mary, he was Another issue of concern facing Dr. prior to his nomination, it is my hope awarded the Algernon Sydney Sullivan Gates is the Department of Defense’s Dr. Gates will heed the recommenda- Award for making the greatest con- relationship with other executive tions of the Iraq Study Group and en- tributions to his fellow man. branch agencies such as the Depart- courage the Bush administration to However, it is his character and abil- ment of Homeland Security and the in- change course in Iraq. ity to lead that will be most critical telligence agencies. In Dr. Gates’ writ- Mrs. BOXER. Mr. President, I rise in during this time of sweeping and his- support of the nomination of Robert ten answers to the questions posed by toric challenges facing the Nation and the Armed Service Committee, he Gates to be Secretary of Defense. I be- the Department of Defense. We must lieve that a change of leadership at the states that DHS and DOD have the satisfy ourselves that Dr. Gates not common goal of protecting the United Pentagon will signal a new course of only has a plan to overcome these chal- action in Iraq. States and that he will support any lenges but the personality, the drive steps that can be taken to improve and During his nomination hearing yes- and the skills to do so. That he once terday before the Senate Armed Serv- strengthen interagency cooperation so again accepted the call to national that all agencies are prepared for and ices Committee, Dr. Gates spoke the service at a time of grave crisis, requir- truth about the war in Iraq. In a very able to respond to threats facing the ing his departure from his beloved U.S. homeland. plain spoken way, he leveled with the Texas A&M, to me speaks volumes As a member of the Senate Select American people when he admitted about his character and dedication to Committee on Intelligence, I have wit- that we are not winning in Iraq. His service. ability to admit that Iraq is in chaos As the Nation faces the imperative of nessed egregious intelligence failures leads me to believe that he will provide charting a new course and strategy in and a sweeping reorganization of the independent advice to the President Iraq, rising violence in Afghanistan, entire community. I have also empha- and speak truth to power. global terrorism, the threats posed by sized the need to improve information Our brave military men and women nuclear states such as North Korea and sharing and strengthen interagency coin uniform have done everything asked possibly Iran and the increasing strains operation. of them in Iraq. The failure of this ad- on our military, America requires a Dr. Gates has recently written that ministration to develop a realistic leader of Bob Gates’s caliber, who has he was ‘‘unhappy about the dominance strategy for Iraq is the reason why we the national security experience, the of the Defense Department in the intel- are not winning. Our military defeated political acumen and the managerial ligence arena and the decline in the the armed forces of Iraq, captured Sad- style necessary to mend rifts that have CIA’s central role’’ and that ‘‘close co- dam Hussein, and helped provide for resulted in the loss of America’s cer- operation between the military and the three elections in Iraq. They cannot tainty and optimism. He will be re- CIA in both clandestine operations and force a national reconciliation in Iraq sponsible for ensuring a strong working intelligence collection is essential.’’ He and they cannot impose a political relationship between the Department also wrote that ‘‘for the last decade, in- compromise. of Defense and Congress, trust between telligence authority has been quietly The stress on our military is causing the civilian and military leadership in leaching from the CIA to and to the readiness to suffer and placing our the Pentagon, and the credibility of Pentagon, not the other way around.’’ military families under tremendous the Department with the American During General Hayden’s nomination strain. Today’s Iraq Study Group republic. hearing, I noted that one of General port says that ‘‘U.S. military forces, To accomplish this in the relatively Hayden’s primary challenges would be especially our ground forces, have been brief but critical tenure he will have at synchronizing the gears of our Nation’s

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.063 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11288 CONGRESSIONAL RECORD — SENATE December 6, 2006 intelligence collection capability. I be- testimony that there is not a military Under the leadership of Captain John lieve Dr. Gates will now meet the chal- solution to Iraq—that this requires a Smith, the fledgling colony not only lenge of synchronizing those gears at political solution, and I believe he will survived but helped ignite a new era of the Defense Department. signal to the Iraqi government that discovery in the New World. As someone who has had worked in they and the Iraqi people need to de- With a dozen men in a 30-foot open the intelligence community for more cide if an Iraqi nation is more impor- boat, Smith’s expeditions in search of than 27 years, I am confident that he is tant to them than their sectarian in- food for the new colony and the fabled up to the task. I implore Dr. Gates to terests. Because we can’t decide that Northwest Passage took him nearly maintain that close cooperation so for them, and we can’t make that hap- 3,000 miles around the Chesapeake Bay that, in his words, ‘‘all agencies are pen for them. and its tributaries from the Virginia prepared for and able to respond to the There is no question that staying the capes to the mouth of the Susque- threats facing the homeland.’’ course in Iraq is neither an option nor hanna. On his voyages and as president In fact, it was while he was the Di- a plan and that the patience of the of the Jamestown Colony, Captain rector of Central Intelligence in 1992 Congress and the American people is fi- Smith became the first point of con- that he testified before the House For- nite and our presence there is neither tact for scores of Native-American eign Affairs Committee, of which I was unlimited nor unconditional. I urge leaders from around the bay region. His a member, about the need for the De- him to seek the advice of his military friendship with Pocahontas is now an fense Department and the Intelligence commanders regarding the roles and important part of American folklore. Community to cooperate saying, ‘‘Our missions of our troops and to work in a Smith’s notes describing the indige- national security institutions, espe- bipartisan fashion with Congress to im- nous people he met and the Chesapeake cially defense and intelligence, must plementing the findings and rec- Bay ecosystem are still widely studied change—and they are changing dra- ommendations of the Iraq Study by historians, environmental scientists, and anthropologists. Chief Jus- matically—to meet the new and dif- Group. ferent challenges of this new and dif- In closing, it is critical is that this tice John Marshall wrote of the signifi- ferent world.’’ At that hearing Dr. nomination represents a commitment cance of Smith’s explorations: ‘‘When we contemplate the dangers, and the Gates also warned us that aside from by the administration to unite our Na- hardships he encountered, and the for- traditional issues of national security, tion to bring a lasting resolution to the titude, courage and patience with we should be alert to other dangers war in Iraq. A new perspective at the which he met them; when we reflect on such as terrorism that cannot ‘‘be re- Pentagon from a Defense Secretary the useful and important additions confirmed on an overwhelmingly bipar- solved simply through the application which he made to the stock of knowl- of military force or diplomacy.’’ tisan basis, coupled with the release of edge respecting America, then pos- Dr. Gates clearly understood then the bipartisan Iraq Study Group’s con- sessed by his countrymen; we shall not and understands now America’s pre- sensus recommendations, must serve as hesitate to say that few voyages of dis- eminent role in leading the spread of a catalyst for cooperation in estab- covery, undertaken at any time, reflect democracy and performing global polishing a unified plan for progress and more honour on those engaged in them, licing, yet he also recognizes the re- transition in Iraq. In fact, with the than this does on Captain Smith.’’ gional and sectarian nature of 21st cen- confluence of these two events, this What better way to commemorate tury conflict. This sense of historical day must become a pivot point for our this important part of our Nation’s his- realism will stand him in good stead as presence in Iraq. tory and honor John Smith’s coura- he grapples with what is and will be his Bob Gates’ temperament, reputation, geous voyages than by designating the greatest and most pressing challenge— and experience has prepared him well Captain John Smith Chesapeake Na- the U.S. involvement in Iraq. for this challenging assignment and I tional Historic Trail? The Congress es- Dr. Gates is well versed in Middle have every faith that he will serve our tablished the National Trails System East affairs, especially in Iraq and Af- Nation well as the Secretary of De- ‘‘to provide for the ever-increasing out- ghanistan—having been the deputy na- fense. I urge my colleagues to vote to door recreation needs of an expanding tional security adviser during the 1991 confirm Dr. Robert Gates to be our population and in order to promote the gulf war and providing oversight of 22nd Secretary of Defense. preservation of, public access to, travel U.S.-sponsored operations in Afghani- Mr. SARBANES. Mr. President, this within, and enjoyment and apprecia- stan under President Reagan. More re- legislation, S. 2568 and its House com- tion of the open-air, outdoor areas and cently, he cochaired a study at the panion H.R. 5466, the Captain John historic resources of the Nation.’’ Na- Council on Foreign Studies in 2004 on Smith Chesapeake National Historic tional Historic Trails such as the Lewis U.S. relations towards Iran. Among the Trail Designation Act, would create and Clark Trail, the Pony Express study’s primary recommendations was the Nation’s first national Trail, the Trail of Tears, and the Selma that the U.S. directly engage with Iran ‘‘watertrail’’ and honor one of Amer- to Montgomery Trail were authorized on a diplomatic level and regarding ica’s earliest explorers, Captain John as part of this system to identify and Iranian nuclear programs. Smith and the vital role he played in protect historic routes for public use He also recently served as part of the the founding of the first permanent and enjoyment and to commemorate Iraq Study Group that is releasing its English settlement in North America major events which shaped American recommendations regarding U.S. stra- at Jamestown, VA, and in exploring history. In my judgment, the Captain tegic options this week. By all ac- the Chesapeake Bay region during the John Smith Chesapeake National His- counts, Dr. Gates spent considerable years 1607 to 1609. toric Trail is a fitting addition to the time in Iraq talking to Iraqis, soldiers, Many Americans are aware of the up- 13 national historic trails administered military leaders and diplomats to un- coming 400th anniversary of James- by the National Park Service. derstand the myriad and intertwined town next year. The celebration is ex- Pursuant to legislation we enacted as complexities that will shape the future pected to draw record numbers of visi- part of the Fiscal 2006 Interior Appro- of Iraq. This understanding will be crit- tors to this area, including Queen Eliz- priations Act, in September 2006 the ical as he will have to proceed at full abeth II, as part of her recently an- National Park Service completed a de- speed when he becomes Secretary—for nounced state visit. What may not be tailed study which found that the trail we are long past the point where time as well known is that Jamestown and meets all three criteria for designation is of the essence. John Smith’s voyages of exploration in as a national historic trail: it is na- I believe that Robert Gates under- present-day Virginia and Maryland tionally significant, has a documented stands that we are at a critical junc- were our Nation’s starting points. route through maps or journals, and ture. As he said in his testimony yes- America has its roots right here in the provides for recreational opportunities. terday, we are not winning the war in Chesapeake Bay region nearly 400 years Similar in historic importance to the Iraq. He is straightforward in his ap- ago—13 years before the founding of Lewis and Clark National Trail, this proach and his language, and I believe the Plymouth colony—when the new historic trail will inspire genera- he will offer a different and pragmatic Jamestown colonists disembarked from tions of Americans and visitors to fol- approach. He rightly said during his their three small ships on May 13, 1607. low Smith’s journeys, to learn about

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.068 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11289 the roots of our Nation, and to better at this moment are greater than we chaired a Council on Foreign Relations understand the contributions of the have faced in decades, and the strains task force with former National Secu- Native Americans who lived within the on our Active Duty and National Guard rity Adviser Zbigniew Brzezinski that bay region. Equally important, the and Reserve forces are commensurate resulted in a report entitled, ‘‘Iran: Captain John Smith Chesapeake Na- with those challenges. Time for a New Approach.’’ It is my tional Historic Trail will serve as a na- After much careful thought, going hope that ‘‘time for a new approach’’ is tional outdoor resource by providing back to this body’s consideration of Dr. a phrase that characterizes Dr. Gates’ rich opportunities for education, recre- Gates’ nomination to lead the Central overall approach to many of the issues ation, and heritage tourism not only Intelligence Agency in 1991, I am con- he will encounter at the Pentagon, but for more than 16 million Americans liv- vinced that he will provide the Depart- I would make special note of the fact ing in the bay’s watershed but for visi- ment of Defense and our uniformed that in this report, he recommended tors to this area. The water trail would service members the competent leader- that the United States engage in direct allow voyagers in small boats, cruising ship that they deserve that he will ap- talks with Iran. If this recommenda- boats, kayaks, and canoes to travel proach the necessity to change course tion of engagement and proactive di- from the distant headwaters to the in Iraq with great urgency and that he plomacy is characteristic of the advice open bay—an accomplishment that will will provide the President with the he will provide to the President in his generate national and international at- pragmatic advice that this country so new position, it will be a welcome tention and participation. The trail desperately needs; that his stewardship change. would complement the Chesapeake Bay of the Department of Defense will in- Second, prior to his nomination, Dr. Gateways and Watertrails Program and clude developing a cooperative and pro- Gates served on the Iraq Study Group, help highlight the bay’s remarkable ductive relationship with Congress; and whose recommendations for a major maritime history, its unique watermen that his career in the intelligence com- change in course in Iraq we heard today. Dr. Gates’ service on this body and their culture, the diversity of its munity will benefit the Government as shows that he recognized early on that peoples, its historical settlements, and the reorganization of our intelligence our current efforts to restore and sus- the administration’s policy in Iraq was community continues. tain the world’s most productive estu- I have been impressed with Dr. Gates’ not working and needed a change in course. Since his nomination, I have ary. sincerity in his comments regarding This legislation enjoys strong bipar- been very pleased with his comments, the obligation we as policymakers owe tisan support in the Congress and in particularly in his written answers to the uniformed service members who the States through which the trail the Senate Armed Services Committee carry out the policies we make. His passes. The trail proposal has been en- questions and in his testimony yester- testimony yesterday before the Senate dorsed by the Governors of Virginia, day, regarding the urgent need for Armed Services Committee included a Pennsylvania, Delaware, Maryland, change in our Iraq policy. Unlike the moving statement about his relation- and numerous local governments previous Secretary of Defense and un- ships with members and former mem- throughout the Chesapeake Bay region. like the President himself, Dr. Gates The measure is also strongly supported bers of the Corps of Cadets at Texas has acknowledged forthrightly that the by the National Geographic Society, A&M University, 12 of whom have lost number of troops we sent to Iraq for the Conservation Fund, the Garden their lives in the wars in Iraq and Af- the postwar period was insufficient. He Club of America, the Izaak Walton ghanistan. recognizes that the planning for the Like Dr. Gates, I am moved by the League of America, the Chesapeake postwar period was both inadequate extraordinary sense of duty and service Bay Foundation and the Chesapeake and flawed and that the result now is a that our soldiers, sailors, airmen, and Bay Commission as well as scores of status quo that is absolutely unaccept- marines possess and by the extraor- businesses, tourism leaders, private able and must be changed with great groups, and intergovernmental bodies. dinary sacrifices they make willingly urgency. I want to especially recognize and com- on our behalf. We must meet the funda- As many of my colleagues have mend Patrick Noonan, chairman emer- mental obligation to serve them as noted, this is a fresh and candid per- itus of the Conservation Fund, for his well as they serve us. They deserve spective that has been sorely lacking vision in conceiving this trail. I also thoughtful and effective policies; they in this administration for 6 years. It is want to thank the cosponsors of this deserve to be set up for success in their my hope and expectation that Dr. missions; they deserve to be properly measure, Senators WARNER, MIKULSKI, Gates’ independence of thought and ALLEN, CARPER, BIDEN, SANTORUM, trained and equipped; and they deserve bold push for necessary change will SPECTER, Representative JO ANN to be ever confident that their welfare mark his tenure as our next Secretary DAVIS, and the cosponsors of the House is never subject to partisan political of Defense. companion measure, as well as the considerations within their civilian In my capacity as chairman of the chairmen and ranking members of the chain of command. Anything less is un- Senate Select Committee on Intel- Senate Committee on Energy and Nat- worthy of these heroes. ligence in the 110th Congress, I will be ural Resources and the Subcommittee I am strongly hopeful that Dr. Gates’ particularly interested in how Dr. on National Parks. Finally, I want to long and distinguished career in public Gates will handle the relationship be- recognize and thank Judy Pensabene service, particularly in critical na- tween the Department of Defense and and David Brooks of the Senate Energy tional security roles, gives him the the intelligence community, which is Committee staff and Ann Loomis in proper perspective on the duties we still developing following the recent in- Senator WARNER’s office for the tre- owe our men and women in uniform. I telligence reforms and which I will be mendous assistance they provided in am confident he will exercise these du- focusing on closely in the coming moving the measure forward. ties with great care and concern, par- months. The Captain John Smith Chesapeake ticularly with regard to those service This relationship is crucial to the National Historic Trail Act comes at a members who are in harm’s way in Iraq production of accurate, unbiased intel- very timely juncture to educate Ameri- and Afghanistan. ligence, which in turn is essential for cans about historical events that oc- I also note Dr. Gates’ candor and the development of sound national se- curred 400 years ago right here in independence of thought, both in his curity policy for our country. As vice Chesapeake Bay, which were so crucial public comments of recent years and in chairman of the Senate Intelligence to the formation of this great country answering the questions of the mem- Committee, I have spent 31⁄2 years re- and our democracy. I urge my col- bers of the Senate Armed Services viewing prewar intelligence on Iraq. leagues to support this measure. Committee during the confirmation We have found inadequate intelligence, Mr. ROCKEFELLER. Mr. President, I process. Prior to his nomination as the inaccurate intelligence, ignored intel- rise today in support of the nomination next Secretary of Defense, Dr. Gates ligence, and distorted intelligence, the of Robert M. Gates to be the next Sec- served on two noteworthy bodies whose sum of which led to a disastrous deci- retary of the Department of Defense. work is highly relevant to the chal- sion to take this country to war. This I believe that the defense and secu- lenges he will undertake at the Depart- is a situation which cannot be re- rity challenges that our Nation faces ment of Defense. First, in 2004 he co- peated.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.058 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11290 CONGRESSIONAL RECORD — SENATE December 6, 2006 One of the principal concerns to recognize the need for a new stan without providing any viable solu- throughout the Intelligence Commit- course—one that includes a flexible tions to the problems our troops cur- tee’s Iraq inquiry has been the question timetable to redeploy troops from Iraq rently face. I am concerned with the of politicization of intelligence. This is and re-focus on the fight against ter- message he is sending to our troops and an issue well known to Dr. Gates be- rorism. Until the President recognizes our allies around the world. We need a cause it was a charge leveled at him in that his Iraq policy is undermining our Secretary of Defense to think forward 1991 during his confirmation to be Di- national security, simply changing one with solutions and not backward on rector of Central Intelligence. Unre- advisor for another may not make that history we cannot change. solved questions about possible big a difference. Mr. Gates also believes in directly politicization greatly influenced my Nonetheless, I will vote to confirm engaging rogue nations such as Iran opposition to confirming him for that Mr. Gates. I believe that a president and Syria that are known sponsors of position, and I am even more keenly should be given great deference in se- terrorist groups in Iraq, Lebanon and concerned about maintaining the in- lecting his cabinet. And Mr. Gates the West Bank and Gaza. I do not sup- tegrity of the analytic process based on showed a refreshing candor and humil- port inviting terrorists to the negoti- my experience with the Iraq inquiry. ity in his testimony this week—quali- ating table. Such a shift in our Na- Fortunately, his service as the Direc- ties that have been sorely lacking in tion’s foreign policy could have grave tor of Central Intelligence and his con- this administration. He acknowledged consequences for our national security. tinuing contribution to the Nation that the United States is not ‘‘win- Let me be clear that I am not here since then have allayed the concerns I ning’’ in Iraq and that the status quo is today to discredit Robert Gates’ record had in 1991. While his tenure as DCI not acceptable, and said that ‘‘all op- of public service to our Nation. I am was short, he accomplished a great tions are on the table.’’ here to raise concerns with his nomina- deal. In a 1992 message to the CIA There remain serious questions stem- tion to be Secretary of Defense. It is a workforce he wrote ‘‘seeking truth is ming from his role in Iran/Contra and position of immense importance and what we are all about as an institution, charges that he politicized intel- carries a great deal of responsibility. as professionals and as individuals, the ligence. I do not take these lightly. It is for these reservations that I find possibility—even the perception—that However, Mr. Gates is intelligent, expe- myself unable to support the nomina- the quest may be tainted deeply trou- rienced and well qualified for the position of Robert Gates for Secretary of bles us, as it long has and as it should.’’ tion. And I am pleased that he indi- Defense. While he disputed the specific accusa- cated a willingness to work with the It is clear from following his Armed tions of politicization, he learned from Director of National Intelligence ‘‘to Services Committee nomination hear- the process. He established a task force ensure that he has the authority that ing and my colleagues’ speeches that to address politicization, and he imple- he needs to fulfill his responsibilities.’’ Mr. Gates will be confirmed to be the mented changes based on the task I am also encouraged by his statement next Secretary of Defense. However, we forces recommendation. I am encour- that he expects intelligence profes- cannot afford to fail in Iraq, Afghani- aged that he will bring that experience sionals to ‘‘call the shots as they see stan, and other areas in the war to this new job as one of the primary them and not try and shape their an- against radical terrorists. I hope dur- consumers of intelligence. swers to meet a policy need.’’ ing Mr. Gates’ tenure at the Depart- I also am encouraged by Dr. Gates’ I hope that Mr. Gates will follow ment of Defense that we are able to views on the proper role of the Defense through on these and other commit- make peace and progress on all these Department in relation to the CIA. ments. And I will continue working to fronts. The future of our country de- Earlier this year he wrote of his unhap- change our Iraq policy so that we can pends on it. piness with what he viewed as an inap- devote greater resources to our top na- Mr. BYRD. Mr. President, yesterday propriate dominance by the Defense tional security priority—going after the Armed Services Committee con- Department. There is plenty of work the terrorists who attacked us on 9/11 ducted a thorough hearing on the nom- for all of our intelligence agencies, but and their allies. ination of Dr. Robert Gates to be the that work needs to be properly distrib- Mr. BUNNING. Mr. President, I rise next Secretary of Defense. I commend uted and coordinated, and I think he today to voice my opposition to the Senator WARNER and Senator LEVIN for understands the importance of that nomination of Robert Gates to be Sec- their leadership in holding a hearing balance. I look forward to working retary of Defense. which may be regarded as one of the closely with Dr. Gates on this issue if The safety and security of the Amer- most informative, important hearings he is confirmed. ican people must be our Government’s to take place before that committee in At his confirmation hearing, Dr. top priority. We need to continue to do recent years. Gates demonstrated several qualities everything we can to protect our home- Dr. Gates also deserves credit for the that I think make him a good choice land. We cannot place our heads in the forthright tone of the hearing. His tes- for this job. He is smart but not arro- sand and ignore the fact that we re- timony to the committee was marked gant. He is tough-minded without main a nation at war. Daily we face by candor and a serious discussion of being closed-minded. And he is clearly brutal enemies that despise the very the complex challenges before our taking on this enormous responsibility principles that we stand for and our country. In a refreshing change, rather out of a sense of public service. I will way of life. than toeing the administration’s line, support his nomination, and I hope he At this time of war, our President Dr. Gates’s testimony appeared to re- is confirmed. and our Nation rely on the Secretary of flect his own views on the situation in Mr. FEINGOLD. Mr. President, our Defense to provide sound advice and to Iraq, our Nation’s approach to the Mid- next Secretary of Defense will face un- lead our Armed Forces as they con- dle East, the difficulties facing our precedented and wide-ranging chal- tinue to combat our enemies. The Sec- military, and a number of other issues. lenges. Terrorist networks are devel- retary of Defense has the responsibility He sensibly acknowledged that real oping new capabilities and sources of of leading the strongest and most capa- changes are needed in the administra- support around the world, the Taliban ble military in the world. He must be a tion’s policy toward Iraq, that long-ru- and al- Qaida are resurgent in Afghani- man of vision who can adequately as- mored plans of an attack on Iran or stan, our military is over-stretched— sess threats against our national secu- Syria would have dramatic con- all while the administration continues rity and formulate the best response to sequences that would further endanger to devote so much of its resources to a these threats. the region and the world, and that our self-defeating, Iraq-centric strategy. The President nominated Mr. Gates military is being strained by the war in I am not convinced that the Presi- for a managerial post of great dif- Iraq. dent’s nominee for this position, Rob- ficulty and complexity, and I do not be- Dr. Gates appears to be set to be con- ert Gates, has the will or ability to fix lieve that he is the best person to help firmed by the Senate as the next Sec- our failed Iraq strategy. Once con- us meet our Nation’s critical chal- retary of Defense, but he will be walk- firmed, Mr. Gates will answer to the lenges. Mr. Gates has repeatedly criti- ing into a buzz saw. The current leader- President, and the President still fails cized our efforts in Iraq and Afghani- ship of the Pentagon, in its arrogance

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.031 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11291 and disdain for the Constitution, has But there is another cost of war—our Baath Party members from working in alienated Congress and has seriously military’s readiness. And, apparently, the Iraqi Government. Only by recog- undermined the credibility of the De- unlike his presumed predecessor, who nizing and understanding that these fense Department in a time of war. One believes that ‘‘you have to go to war specific policies have caused so much of the first orders of business for the with the Army you have, not the Army damage can we begin the work of ame- next Secretary of Defense will be to you want,’’ Dr. Gates has promised to liorating the situation in Iraq. demonstrate to Congress and to the address this issue, if confirmed. I look forward to working with Dr. American people that the Defense De- Some two-thirds of our Nation’s com- Gates in a bipartisan and level-headed partment is not a power unto itself, bat brigades are currently unable to re- manner to address these myriad prob- but it is a servant of the people. I have port for duty according to current re- lems, to adjust United States policy in urged Dr. Gates to take that mission to ports, largely due to battle-worn and Iraq and to rebuild our Nation’s Armed heart and to make meaningful con- damaged equipment. Dr. Gates seems Forces. This fall, the American people sultation with Congress, as the people’s committed to restoring our military’s voted for change in our Government’s branch of Government, an absolute pri- readiness and, I hope, will be willing to policies, particularly in Iraq, and I am ority. fully meet the Army’s request of $25 hopeful that the confirmation of Dr. I have worked with Dr. Gates before, billion in fiscal year 2008 to fund the Gates will represent one of these many during his years of service in the Cen- repair, replacement, and recapitaliza- vital changes. tral Intelligence Agency. But this expe- tion of this gear. Mr. OBAMA. Mr. President, my vote rience alone would not be sufficient to I concede that on a previous occasion today for Robert Gates is a vote for secure my support of his nomination. I withheld my support for Dr. Gates significant change in our Iraq policy. My primary concern with his nomina- when he was nominated for the posi- Last month, the American people tion was not whether Dr. Gates had tion of the Director of Central Intel- uniformly rejected the policy-by-slo- performed well in the past, but how he ligence in 1991. At the time, I raised gan approach to Iraq, rejected the false would approach the challenges that are concerns over his past tenure at the choice between ‘‘cut-and-run’’ and before him. CIA, including prior allegations of po- ‘‘stay the course’’ rejected ideological, Mr. President, I will support the liticized intelligence. By all accounts insular, and wrongheaded leadership at nomination of Dr. Gates based upon Mr. Gates did a credible job as the Di- the Pentagon. Dr. Gates’ challenge will the candor and independence that he rector of the CIA. It is my hope that be to help President Bush chart a new displayed at his nomination hearing. I his past experience has sensitized him course that takes a realistic view of caution, however, that Dr. Gates must to the danger that politicized intel- the deteriorating situation in Iraq and be on guard against becoming the mod- ligence can pose to our Nation’s na- makes the hard decisions to salvage an erate face of an administration which tional security and to the ability of our acceptable outcome to this long and may yet be reluctant to make any real military commanders to understand misguided war. change in its deeply flawed policies to- and carry out the mission on the There are several signs that give me ward Iraq. The American people need ground in Iraq, Afghanistan and else- hope that Robert Gates is up to this more than a pragmatic spokesman for where as they seek to advance United challenge. First and most important is administration policies, the people de- States interests. the environment in which Gates is tak- serve a leader who will work to change In addition, I am also hopeful that ing the Pentagon’s helm. Following the the administration’s dangerous course. Mr. Gates will work with me to revisit election, it is clear the American peo- I urge Dr. Gates to carry out the can- the administration’s military commis- ple expect significant change in Iraq. dor and fresh thinking that he dem- sions policy. During our discussions, President Bush nominated Gates with onstrated at his confirmation hearing, we talked about the bill that I intro- a mandate to find ‘‘fresh perspective and I hope the administration will fol- duced last month called the Effective and new ideas’’ for Iraq. And today’s low Dr. Gates in this new approach. Terrorists Prosecution Act of 2006 Iraq Study Group’s report helped cre- Mr. DODD. Mr. President, I rise which addresses some of the most seri- ate a framework to move forward, in a today to express my support for the ous problems with the bill that the bipartisan fashion, with a shift in U.S. confirmation of Robert Gates to be- President recently signed into law. I policy. As I laid out in a speech 3 weeks come our Nation’s next Secretary of hope that Dr. Gates will consult with ago, I believe this shift must include a Defense. outside military and legal experts, as phased redeployment of U.S. forces in I recently had the opportunity to well as J.A.G. staff regarding the Mili- Iraq, a new diplomatic effort that in- meet with Dr. Gates in my office. I ap- tary Commissions Act. I would further cludes engagement with Iran and Syria preciated his frankness, both in my dis- urge Dr. Gates to halt the Defense De- and other key nations, and a stance cussions with him as well as during his partment’s plan to award a $125 million that conditions further assistance to confirmation hearing before the Senate contract to build a new courthouse at progress in Iraq. All of these were also Armed Services Committee. Guantanamo Bay, to try detainees. proposed by the Iraq Study Group. He demonstrated candor and pledged This project was neither authorized nor Second, in his own congressional tes- independence that the current adminis- appropriated by the Congress, and in timony and comments, Dr. Gates has tration has been sorely lacking up my view, constitutes an egregious expressed openness to new ideas, say- until now. He also acknowledged that waste and abuse of taxpayers dollars on ing that all options should be on the at this point, our operations in Iraq a facility designed to circumvent pub- table for Iraq. He expressed refreshing must place far more emphasis on find- lic and legal scrutiny into the treat- candor in admitting past mistakes in ing a political solution rather than ment and trying of detainees. Iraq. And Gates promised to work in a continuing to place an undue burden on Our Nation and our Armed Forces are constructive, respectful way with mili- America’s Armed Forces. facing significant challenges, and, tary commanders, the Iraq Study It is for these reasons that I hope above all else, Dr. Gates needs to meet Group, and Congress to find a new way that Dr. Gates will serve as a critical today’s security concerns head on, forward. voice for reason, leading our forces to- swiftly and effectively, without any Third is Gates’ extensive experience. ward a proper exit from major oper- ideological agenda. Recognizing the He served for 26 years in the Central ations in Iraq and toward rebuilding hard truth, that we are not winning the Intelligence Agency and the National our war-battered Armed Forces. war in Iraq, was a good first step. Security Council, and he was the only Dr. Gates seemed to discern the cost Understanding why we aren’t win- career officer in the CIA’s history to of the war in Iraq, which has been ning was a good second step. As Dr. rise from entry-level employee to Di- mainly measured in the number of Gates explained in his testimony, and rector. lives lost and U.S. treasury spent. Over as many of us have been saying for Everyone knows that Gates’ job will 2,900 brave American servicemembers quite some time, we failed to deploy not be easy. There are no good options have now been killed in Iraq and over enough troops in Iraq to win the peace, left in Iraq. There is no set of policy $400 billion in appropriations have been we mistakenly disbanded the Iraqi changes that can guarantee a good out- approved by Congress. Army, and we banned thousands of come. There is a great resistance to

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.091 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11292 CONGRESSIONAL RECORD — SENATE December 6, 2006 change in this administration, from Gates as the new Secretary of Defense. In addition, I look forward to work- the President down. Among Presi- I believe he will provide the Depart- ing with Dr. Gates to change course on dential appointees, there still is sig- ment of Defense, and the President’s the other key challenges we face. Dr. nificant danger in speaking truth to senior team, the new perspective and Gates must come to Congress with a power. fresh ideas so desperately needed. He is solid plan for addressing the readiness The President, Senate, and the Amer- a distinguished and seasoned public of our military which is under strain ican people are putting a great deal on servant, and his long experience will and at risk because of the administra- Dr. Gates’ shoulders. I am voting for serve him well in what will be a chal- tion’s Iraq strategy. him with the hope that he can make us lenging post. Dr. Gates must help the administra- proud. I want to thank Senators WARNER tion develop an effective approach for Mr. MCCONNELL. Mr. President, I and LEVIN for making sure Dr. Gates curbing Iran and North Korea’s nuclear rise to voice my strong support for the received an expeditious and thorough ambitions. And Dr. Gates must spear- nomination of Dr. Robert M. Gates to hearing. With our Nation at war, we head a new effort to ensure a successful be the Nation’s 22nd Secretary of De- could not afford to let his confirmation outcome for Afghanistan, as part of a fense. His intelligence, candor, and drag. broader fresh look at our strategy for many years of national security experi- I am hopeful that, when confirmed, the war on terror, the hunt for Usama ence make him an excellent choice to Dr. Gates will serve as an agent of bin Laden, and the struggle to em- lead the Pentagon and our Nation’s change in the administration—most power moderates and combat violent troops during this critical time in war importantly, on Iraq. extremists. These are serious issues on terror. Yesterday, when asked if we are win- that deserve to be addressed properly. Dr. Gates wore his country’s uniform ning in Iraq, Dr. Gates said ‘‘no.’’ Hopefully, Dr. Gates can operate as a U.S. Air Force officer; his service Today, the Iraq Study Group said the with the same level of candor and real- includes time spent with the Strategic situation in Iraq is ‘‘grave and deterio- ism as Secretary of Defense as he has Air Command, the prestigious unit rating.’’ during his nomination process. The once charged with protecting America The Iraq Study Group has done a tre- from a nuclear attack by the Soviet stakes for our Nation are high, and his mendous and historic service to the task is a great one, but today, he has Union. Dr. Gates’s career includes two American people and to the troops decades with the CIA, where he started our support and a commitment to work serving in harm’s way in Iraq. Their re- together to solve this Nation’s national as an entry-level employee and rose to port underscores the message the the top position. And he spent 9 years security challenges. American people sent one month ago: The PRESIDING OFFICER. The Sen- at the National Security Council. there must be change in Iraq, and there Throughout his Government service, he ator from Virginia. is no time to lose. It is time for the Mr. WARNER. Mr. President, I see no has advised six Presidents. Iraqis to build and secure their nation, Having previously served as Deputy other Senators seeking recognition, so and it is time for American combat Director of Central Intelligence from I think we may as well—the standing troops to be redeployed. Each day the 1986 to 1989, Assistant to the President order is the vote begins at 5 o’clock? situation in Iraq continues to deterio- and Deputy National Security Adviser The PRESIDING OFFICER. That is rate. Time is not on our side. from 1989 to 1991, and Director of Cen- correct. This assessment rings particularly tral Intelligence from 1991 to 1993, Dr. Mr. WARNER. Mr. President, I ask true today, as we learned that 10 U.S. Gates is one of the most qualified na- for the yeas and nays. troops were killed in fighting across tional-security specialists in the coun- The PRESIDING OFFICER. Is there a Iraq, bringing the level of U.S. deaths try. sufficient second? to 27 in only the first 6 days of Decem- As DCI he led over 100,000 employees There appears to be a sufficient sec- ber. On average, almost three U.S. and managed the Agency at a critical ond. troops are killed each day. We do not juncture at the end of the Cold War. Is all time yielded back? have time for finger-pointing and pon- And he has spent the last 13 years out- Without objection, all time is yielded tificating from politicians—it is time side of government, giving him both a back. for action and leadership. keen understanding of best business Mr. WARNER. I thank the Presiding Most experts agree that Iraq is now practices and a fresh perspective to Officer. embroiled in a civil war, and our troops tackle America’s security challenges. The PRESIDING OFFICER. The Dr. Gates has a proven record of bi- are caught in the middle. Policing a civil war between Shia and Sunni is question is, Will the Senate advise and partisan cooperation, demonstrated consent to the nomination of Robert most recently by his tenure with the not something for which our country or our military consented. We must begin M. Gates, of Texas, to be Secretary of Iraq Study Group. As a member of that Defense? group, he has traveled to Iraq, met to transition our mission in Iraq, reduce our combat footprint, and begin The clerk will call the roll. Iraqi leaders, and talked to our mili- The legislative clerk called the roll. tary commanders on the ground. He is to extricate our troops from the middle of this sectarian strife. In short, we Mr. MCCONNELL. The following Sen- ready to hit the ground running and ator was necessarily absent: the Sen- lead the Pentagon from the day he is need more than a change in personality at the Defense Department, we need a ator from North Carolina (Mrs. DOLE). confirmed. Further, if present and voting, the Five years into the war on terror, change in policy. I urge the President Senator from North Carolina (Mrs. America has made great progress. But to reach out to Congress and work with DOLE) would have voted ‘‘yea.’’ much hard work still lies ahead, as we us to change course. Mr. DURBIN. I announce that the continue to defend Americans here at If the administration reaches out in a Senator from Indiana (Mr. BAYH) and home while fighting abroad the terror- meaningful way, it will find Congress ists who would do us harm. The posi- ready and willing to work as a partner. the Senator from Delaware (Mr. BIDEN) tion of Secretary of Defense is more The Senate will do its part next year are necessarily absent. important than ever, and I believe the and conduct strong oversight to ensure I further announce that if present President has made an outstanding the President carries out an effective and voting, the Senator from Delaware choice. change in policy. Our troops in Iraq, in- (Mr. BIDEN) would vote ‘‘yea.’’ Dr. Gates has the wisdom and the cluding hundreds of Nevadans, have The result was announced—yeas 95, ability to succeed. He will be a strong sacrificed so much. It is time for Presi- nays 2, as follows: leader for the Pentagon and our brave dent Bush to reward their effort by [Rollcall Vote No. 272 Ex.] men and women in uniform. I urge my bringing the country together around a YEAS—95 colleagues to support his nomination, new way forward. Akaka Bingaman Byrd and I will wholeheartedly vote for his Once Dr. Gates is confirmed, I look Alexander Bond Cantwell forward to the Senate working with Allard Boxer Carper confirmation. Allen Brownback Chafee Mr. REID. Mr. President, I intend to him and the President on this change Baucus Burns Chambliss support the nomination of Dr. Robert of course in Iraq. Bennett Burr Clinton

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.102 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11293 Coburn Hutchison Nelson (NE) Systems Administrator. —Gary J. Howard Counterdrug Programs.—William M. Cochran Inhofe Obama Printing and Documents Clerk. —June M. Caniano. Coleman Inouye Pryor Borawski Defense Laboratory Management.—Elaine Collins Isakson Reed Security Clerk.—John H. Quirk V. A. McCusker. Conrad Jeffords Reid Special Assistant. —Catherine E. Sendak Defense Security Assistance.—Lynn F. Cornyn Johnson Roberts Staff Assistants.—Benjamin L. Rubin, Jes- Rusten. Craig Kennedy Rockefeller Crapo Kerry Salazar sica L. Kingston, Micah H. Harris, Jill L. Department of Defense Schools.—Diana G. Dayton Kohl Sarbanes Simodejka, and David G. Collins Tabler. DeMint Kyl Schumer Receptionist.—Fletcher L. Cork Depot Maintenance Policy.—Derek J. DeWine Landrieu Sessions Maurer. Dodd Lautenberg Subcommitee on Airland: Shelby Detainee Policy.—William M. Caniano/ Domenici Leahy Majority Professional Staff Members: Am- Smith Scott Stucky/David M. Morriss. Dorgan Levin brose R. Hock (Lead), Stanley R. O’Connor, Snowe Department of Energy Issues.—Kristine L. Durbin Lieberman Jr. Specter Svinicki. Ensign Lincoln Staff Assistant: Micah H. Harris. Enzi Lott Stabenow Environmental Issues.—David M. Morriss. Feingold Lugar Stevens Subcommittee on Emerging Threats and Ca- Export Controls.—Lynn F. Rusten. Feinstein Martinez Sununu pabilities: Financial Management.—Gregory T. Kiley. Talent Frist McCain Majority Professional Staff Members: Foreign Language Policy.—Regina A. Graham McConnell Thomas Thune Lynn F. Rusten (Lead), William M. Caniano, Dubey. Grassley Menendez Foreign Policy/Geographical Region.— Gregg Mikulski Vitter Regina A. Dubey, Derek J. Maurer, Elaine A. Hagel Murkowski Voinovich McCusker, Robert M. Soofer. Africa—Regina A. Dubey. Harkin Murray Warner Staff Assistant: Jessica L. Kingston. Asia/Pacific Region—Lynn F. Rusten. Europe/Russia—Lynn F. Rusten. Hatch Nelson (FL) Wyden Subcommittee on Personnel: Middle East—William M. Caniano. NAYS—2 Majority Professional Staff Members: South America—William M. Caniano. Bunning Santorum Richard F. Walsh (Lead), David M. Morriss, Helicopters.—Ambrose R. Hock. Diana G. Tabler. NOT VOTING—3 Homeland Security/Defense/Domestic Pre- Staff Assistant: David G. Collins. paredness.—Robrt M. Soofer. Bayh Biden Dole Subcommittee on Readiness and Manage- Humanitarian and Civic Assistance.—Re- The nomination was confirmed. ment Support: gina A. Dubey. Mr. WARNER. Mr. President, I move Majority Professional Staff Members: Information Assurance/Cyber Security.— to reconsider the vote, and I move to Gregory T. Kiley (Lead), Ambrose R. Hock, Elaine A. McCusker. Derek J. Maurer, Elaine A. McCusker, David Information Management.—Gregory T. lay that motion on the table. Kiley. The motion to lay on the table was M. Morriss, Lucian L. Niemeyer. Staff Assistant: Benjamin L. Rubin. Information Technology Systems.— agreed to. (Business Systems)—Gregory T. Kiley. The PRESIDING OFFICER. The Subcommittee on Seapower: (Tactical Systems)—Ambrose R. Hock. President will be immediately notified Majority Professional Staff Members: Sean Intelligence Issues.—William M. Caniano. of the Senate’s action on this nomina- G. Stackley (Lead), Ambrose R. Hock, Stan- International Defense Cooperation.—Lynn tion. ley R. O’Connor, Jr. F. Rusten. Staff Assistant: Micah H. Harris. Inventory Management.—Derek J. Maurer. Mr. WARNER. Mr. President, at this Subcommittee on Strategic Forces: Military Construction/Base Closures.— time, I congratulate and express my Lucian L. Niemeyer. Majority Professional Staff Members: Rob- gratitude to the extraordinary staff of Military Family Policy.—Diana G. Tabler. ert M. Soofer (Lead), William M. Caniano, the Armed Services Committee. My Military Health Care.—Diana G. Tabler. Stanley R. O’Connor, Jr., Kristine L. Military Nominations.—Richard F. Walsh. distinguished colleague, the senior Svinicki. Military Space.—Robert M. Soofer. Senator from Michigan, and I have Staff Assistant: Jill L. Simodejka. been together 28 years on this com- Military Strategy.—William M. Caniano. Majority Professional Staff Members for: Missile Defense.—Robert M. Soofer. mittee and have worked with this staff, Acquisition Policy.—Ambrose R. Hock. Morale, Welfare and Recreation/Com- almost all of them, throughout my 6- Acquisition Workforce.—Diana G. Tabler. missaries/Exchanges.—Diana G. Tabler. year tenure and many prior thereto Arms Control/Non-proliferation.—Lynn F. Nuclear Weapons Stockpile.—Kristine L. when Senator LEVIN was chairman of Rusten. Svinicki. the committee. Army Programs.—Ambrose R. Hock. Personnel Issues.—Richard F. Walsh/Diana I want today’s RECORD to reflect our Aviation Systems.—Stanley R. O’Connor, G. Tabler/David M. Morriss. appreciation and that of many Mem- Jr. POW/MIA Issues.—David M. Morriss. Budget Tracking.—Gregory T. Kiley. Readiness/O&M.—Derek J. Maurer/Gregory bers of this Chamber who worked with T. Kiley. the distinguished staff. I ask unani- Buy America.—Ambrose R. Hock. Chemical-Biological Defense.—Derek J. Reprogramming.—Gregory T. Kiley. mous consent to print in the RECORD Maurer. Science and Technology.—Elaine A. the chronological history of that staff, Chemical Demilitarization.—Lynn F. McCusker. who were of great assistance to Sen- Rusten. Sexual Harassment/Sexual Assault Pol- ator LEVIN and me as we prepared for Civilian Nominations.—Scott W. Stucky/ icy.—David M. Morriss. this important nomination and held Richard F. Walsh. Shipbuilding Programs.—Sean G. Stackley. the hearing yesterday. Civilian Personnel Policy.—Diana G. Tabler. Small Business.—Elaine A. McCusker. There being no objection, the mate- Special Operations Forces.—Elaine A. rial was ordered to be printed in the Combatant Commands.— CENTCOM—William M. Caniano. McCusker. RECORD, as follows: EUCOM—Lynn F. Rusten . Stability Operations.—Lynn F. Rusten/Re- MAJORITY STAFF AND NON-DESIGNATED (Africa)—Regina A. Dubey. gina A. Dubey. STAFF—SENATE ARMED SERVICES COM- JFCOM—William M. Caniano . Strategic Programs.—Robert M. Soofer. MITTEE, OCTOBER 2006 NORTHCOM—Robert M. Soofer. Test and Evaluation.—Elaine A. McCusker. Transportation and Logistics Policy.— Staff Director: Charles S. Abell. PACOM—Lynn F. Rusten. Derek J. Maurer. Chief Clerk: Marie Fabrizio Dickinson. SOCOM—Elaine A. McCusker. Unmanned Aircraft Systems.—Stanley R. Assistant Chief Clerk and Security Man- SOUTHCOM—William M. Caniano. O’Connor, Jr. ager: Cindy Pearson. STRATCOM—Robert M. Soofer. Women in Combat.—David M. Morriss. General Counsel: Scott W. Stucky. TRANSCOM—Sean G. Stackley/Stanley R. Counsel: Richard F. Walsh and David M. O’Connor, Jr. MINORITY STAFF—SENATE ARMED SERVICES Morriss. Combating Terrorism.—William M. COMMITTEE, OCTOBER 2006 Professional Staff Members: Ambrose R. Caniano. Democratic Staff Director.—Richard D. Hock, Lynn F. Rusten, Lucian L. Niemeyer, Competition Policy/Mergers and Acquisi- DeBobes. Gregory T. Kiley, Regina A. Dubey, Elaine A. tions.—Elaine A. McCusker. Administrative Assistant to the Minor- McCusker, Diana G. Tabler, Robert M. Competitive Sourcing/A–76.—Derek J. ity.—Christine E. Cowart. Soofer, Stanley R. O’Connor, Jr., Kristine L. Maurer. Minority Counsel.—Peter K. Levine, Svinicki, William M. Caniano, Derek J. Contracting (including service con- Madelyn R. Creedon, Gerald J. Leeling, Wil- Maurer, and Sean G. Stackley. tracts).—Elaine A. McCusker. liam G.P. Monahan, and Jonathan D. Clark. Nominations and Hearings Clerk: Leah C. Cooperative Threat Reduction Programs.— Professional Staff Member.—Creighton Brewer. Lynn f. Rusten. Greene, Michael J. McCord, Richard W.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.034 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11294 CONGRESSIONAL RECORD — SENATE December 6, 2006 Fieldhouse, Daniel J. Cox, Jr., Evelyn N. Financial Management.—Peter K. Levine/ Mr. WARNER. Mr. President, I sug- Farkas, Gabriella Eisen, Arun A. Seraphin, Michael J. McCord gest the absence of a quorum. and Michael J. Kuiken. Foreign Language Policy.—Creighton The PRESIDING OFFICER. The Research Assistant.—Michael J. Noblet. Greene/Evelyn N. Farkas clerk will call the roll. The legislative Subcommittee on Airland: Foreign Policy/Geographical Region.— Afghanistan—Daniel J. Cox, Jr./Evelyn N. clerk proceeded to call the roll. Minority Professional Staff Members: Dan- Farkas Mr. CHAMBLISS. Mr. President, I iel J. Cox, Jr. (Lead), Creighton Greene. Africa—Michael J. Kuiken/Gabriella Eisen ask unanimous consent that the order Subcommittee on Emerging Threats and Ca- William G.P. Monahan for the quorum call be rescinded. pabilities: Asia/Pacific Region—Evelyn N. Farkas The PRESIDING OFFICER. Without Minority Professional Staff Members: Europe/Russia—William G.P. Monahan/ objection, it is so ordered. The Senator Richard W. Fieldhouse (Lead), Arun A. Madelyn R. Creedon from Georgia is recognized. Iraq—Daniel J. Cox, Jr./William G. P. Seraphin, Evelyn N. Farkas, Madelyn R. f Creedon. Monahan Middle East—Michael J. Kuiken/Gabriella Subcommittee on Personnel: MORNING BUSINESS Eisen Minority Professional Staff Members: Ger- South America—Evelyn N. Farkas Mr. CHAMBLISS. Mr. President, I ald J. Leeling (Lead), Jonathan D. Clark. Helicopters.—Daniel J. Cox, Jr./Creighton ask unanimous consent that the Sen- Subcommittee on Readiness and Manage- Greene ate now proceed to a period of morning ment Support: Homeland Security/Defense.—Richard W. business, with Senators permitted to Minority Professional Staff Members: Mi- Fieldhouse speak for up to 10 minutes each. chael J. McCord (Lead), Peter K. Levine. Humanitarian and Civic Assistance.—Eve- The PRESIDING OFFICER. Without lyn N. Farkas/William G.P. Monahan Subcommittee on Seapower: objection, it is so ordered. Information Assurance/Cyber Security.— Mr. CHAMBLISS. Mr. President, I Minority Professional Staff Members: Creighton Greene/Arun A. Seraphin ask unanimous consent that I be recog- Creighton Greene (Lead), Daniel J. Cox, Jr. Information Management.—Creighton nized for up to 10 minutes. Subcommittee on Strategic Forces: Greene/Peter K. Levine Information Technology Systems.— The PRESIDING OFFICER. Without Minority Professional Staff Members: objection, it is so ordered. Madelyn R. Creedon (Lead), Richard W. (Business Systems)—Peter K. Levine Fieldhouse, Creighton Greene. (Tactical Systems)—Creighton Greene/ f Arun A. Seraphin Minority Professional Staff Members for: Intelligence Issues.—Creighton Greene COMMENDING SECRETARY OF Acquisition Policy.—Peter K. Levine. International Defense Cooperation.—Eve- DEFENSE RUMSFELD Acquisition Workforce.—Peter K. Levine. lyn N. Farkas/Peter K. Levine/William G.P. Mr. CHAMBLISS. Mr. President, I Arms Control/Non-proliferation.—Richard Monahan rise today to commend a gentleman W. Fieldhouse/Madelyn R. Creedon. Inventory Management.—Peter K. Levine/ who has served our country with honor, Army Programs.—Daniel J. Cox, Jr. Michael J. McCord Aviation Systems.—Creighton Greene/Dan- Military Personnel Issues.—Gerald J. integrity, and distinction for the past 6 iel J. Cox, Jr./Madelyn R. Creedon. Leeling/Jonathan D. Clark years and who has sacrificed his en- Budget Tracking.—Michael J. McCord. End Strength—Jonathan D. Clark/Gerald ergy, a comfortable private life, as well Buy America.—Peter K. Levine. J. Leeling as his personal privacy in service to Chemical-Biological Defense.—Richard W. Military Family Policy—Gerald J. Leeling/ our men and women in uniform during Fieldhouse. Jonathan D. Clark the course of two wars that our coun- Chemical Demilitarization.—Richard W. Health Care—Gerald J. Leeling/Jonathan try did not invite and did not welcome. Fieldhouse. D. Clark That gentleman is Donald Rumsfeld. Civilian Nominations.—Peter K. Levine. Pay and Benefits—Jonathan D. Clark/Ger- As I have worked with Secretary Civilian Personnel Policy.—Gerald J. ald J. Leeling Leeling/Peter K. Levine. Military Personnel Policy—Gerald J. Rumsfeld over the last 6 years as a U.S. Combatant Commands.— Leeling/Jonathan D. Clark Senator and as a U.S. Representative, CENTCOM—Michael 1. Kuiken/Gabriella Military Construction/Base Closures.—Mi- he and I have occasionally disagreed, Eisen. chael J. McCord and those disagreements have been EUCOM—William G. P. Monahan. Military Nominations.—Gerald J. Leeling very public, very open, and very heart- JFCOM—Michael J. McCord/Arun A. Military Space.—Madelyn R. Creedon felt on both sides. But there is no ques- Seraphin. Military Strategy.—Daniel J. Cox, Jr. tion in my mind that Don Rumsfeld Missile Defense.—Richard W. Fieldhouse NORTHCOM—Evelyn N. Farkas. has given the President and the United PACOM—Evelyn N. Farkas. Morale, Welfare and Recreation/Com- SOCOM—Evelyn N. Farkas. missaries/Exchanges.—Jonathan D. Clark/ States as much commitment, energy, SOUTHCOM—Evelyn N. Farkas. Gerald J. Leeling and service as any previous Secretary STRATCOM—Madelyn R. Creedon. Nuclear Weapons Stockpile.—Madelyn R. of Defense in the history of our great TRANSCOM—Creighton Greene. Creedon country. For that, this entire country Combating Terrorism/Domestic Prepared- POW/MIA Issues.—Jonathan D. Clark owes Don Rumsfeld a debt of gratitude. ness.—Evelyn N. Farkas. Readiness/O&M.—Michael J. McCord It sometimes surprises me that we Reprogramming.—Michael J. McCord Competition Policy/Mergers and Acquisi- can convince high-quality, intelligent, tions.—Peter K. Levine. Science and Technology.—Arun A. Seraphin committed people like Donald Rums- Competitive Sourcing/ A76.—Peter K. Le- feld to leave private life, often near or vine. Sexual Harassment/Sexual Assault Pol- Contracting (including service con- icy.—Gerald J. Leeling/Jonathan D. Clark at the end of their careers, to take jobs tracts).—Peter K. Levine. Shipbuilding Programs.—Creighton Greene in government that require an enor- Cooperative Threat Reduction Programs.— Small Business.—Peter K. Levine mous amount of commitment, sac- Madelyn R. Creedon. Special Operations Forces.—Evelyn N. rifice, and sometimes offer few re- Counterdrug Programs.—Evelyn N. Farkas Stability Operations.—Evelyn N. Farkas/ wards. These individuals could, with- Farkas. William G.P. Monahan out question, be better off financially Defense Laboratory Management.—Peter Strategic Programs.—Madelyn R. Creedon and sleeping much better and might K. Levine/Arun A. Seraphin. Test and Evaluation.—Arun A. Seraphin/ even be happier if they were doing Defense Security Assistance.—Evelyn N. Peter K. Levine Farkas/William G.P. Monahan something else. Donald Rumsfeld has Transportation and Logistics Policy.—Mi- Department of Defense Schools.—Gerald J. served as Secretary of Defense during chael J. McCord/Creighton Greene Leeling/Jonathan D. Clark one of the more difficult times in our Unmanned Aircraft Systems.—Creighton Department of Energy Issues.—Madelyn R. Greene/Daniel J. Cox, Jr. Nation’s history. As a nation, we Creedon Women in Combat.—Jonathan D. Clark/ should be grateful that someone of his Depot Maintenance Policy.—Michael J. Gerald J. Leeling caliber has served as long and with as McCord f much distinction in the job as he has. Detainee Policy.—William G.P. Monahan/ I think we as a nation should be grate- Peter K. Levine/Jonathan D. Clark/Gabriella LEGISLATIVE SESSION Eisen ful, regardless of whether we agree or Environmental Issues.—Peter K. Levine The PRESIDING OFFICER. Under disagree with everything Secretary Export Controls.—Evelyn N. Farkas/Peter the previous order, the Senate will re- Rumsfeld has done or tried to do dur- K. Levine turn to legislative session. ing his tenure. We should be grateful

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.049 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11295 that one of our own has stepped up to fought off the Soviet Union for over 9 mitment and sacrifice over the last 6 the challenge and taken his job as seri- years, and stood up a Loya Jirga gov- years and, indeed, over the course of ously as anyone could have and done erning council 8 months after oper- his life, as he has served his country his absolute best on behalf of the ations began. Under his leadership, 26.7 and the American people well. American people. million Iraqis were liberated from a As we say goodbye and commend the Individuals who step into these jobs brutal dictatorship and turned over service of one Secretary of Defense, I in government, particularly at the Cab- sovereignty of the country to a new would like to also commend the Presi- inet level, need to keep in mind a few Iraqi Government in 16 months. As of dent’s choice for his successor: Dr. basic principles regarding why they are November 22, 2006, organized, trained, Robert Gates. Dr. Gates and I had a there and what they are called to do. and equipped Iraqi and Afghan security very positive meeting on Monday of First and most importantly, they need forces into the following numbers: this week, and I believe he has the ex- to remember they are there to serve 134,000 for Iraqi Ministry of Defense, perience, qualifications, and candor to the President and the American people. 188,000 for Iraqi Ministry of Interior, serve in this capacity as we move for- It is not and never can be about them. 30,500 for Afghan National Army, and ward in helping the Iraqi people take Their reward is serving, not recogni- 50,000 for Afghan National Police. control of their own destiny and con- tion or legacy or even success. Their Conducted safe and secure elections tinue transforming the Department of reward is answering the call and exe- in Afghanistan and Iraq as follows: Defense to confront the challenges and cuting the job they have been given to In Iraq: On January 30, 2005, there opportunities of the 21st century. A do to the best of their ability. Donald was an election to form a transitional fresh approach, new ideas, and Dr. Rumsfeld has done that, and for that national assembly with a 55-percent Gates’ understanding of defense and in- he deserves the gratitude of this Na- turnout. On October 15, 2005, there was telligence issues will be a tremendous tion. an election for constitutional ratifica- asset in achieving victory and con- Secretary Rumsfeld has unquestion- tion with a 63-percent turnout. On De- tinuing on the legacy and accomplish- ably been a transformational Secretary cember 15, 2005, there was an election ments of Secretary Rumsfeld. of Defense. He took the helm at the to form a permanent national assembly I look forward to working with Dr. Pentagon nearing a time when the De- with a 78-percent turnout. And on Gates as the new Secretary of Defense partment of Defense was ripe for March 16, 2006, there was an election to on the national security issues affect- change, and within 9 months of being elect the permanent Iraqi Government, ing our Nation, as well as the issues sworn in, we were a nation at war. which was then subsequently seated. that affect Georgia’s proud military However, even that did not stop the In Afghanistan, there were the fol- community. Our men and women serv- transformational vision Secretary lowing elections: On January 5, 2004, ing in Iraq and Afghanistan continue Rumsfeld brought to the Pentagon. adoption of an Afghan Constitution. On to have my highest admiration and Some of the transformational actions October 9, 2004, the first direct Presi- praise for their good works. We will the Department of Defense undertook dential election, with roughly an 80- continue to do everything necessary to help them succeed in their mission and under Secretary Rumsfeld’s leadership percent turnout. On December 7, 2004, win this war on terrorism. I know Dr. include the following: appointing the an Afghan President was inaugurated. Robert Gates shares that commitment, first marine as Chairman of the Joint And on September 18, 2005, the country and I look forward to working with Chiefs of Staff; appointing the first of Afghanistan held an election to form him and supporting him as he serves on Navy Admiral to command the Afghan National Assembly and USSOUTHCOM; returning a retired behalf of our Nation’s military. Provincial Council. I yield the floor. Army general to active duty to become Senior leadership of America’s en- The PRESIDING OFFICER. The Sen- Chief of Staff of the Army; establishing emies have been captured, killed, or ator from Pennsylvania. the organization and position of Under put on the run under the leadership of Mr. SANTORUM. Mr. President, I Secretary of Defense for Intelligence; Don Rumsfeld as follows: rise today to talk about why I voted establishing the first Assistant Sec- Khalid Shaikh Mohammed, al- against Dr. Gates and lay out in detail retary of Defense for Homeland De- Qaida’s director of operations, was cap- the concerns I have about the security fense; establishing the first Deputy As- tured March 1, 2003. Saddam Hussein’s posture of the United States today and sistant Secretary of Defense for De- sons were killed on July 22, 2003. Sad- how I do not believe that Dr. Gates is tainee Affairs; creating the U.S. North- dam Hussein was captured on Decem- the appropriate choice to confront ern Command; establishing the Pro- ber 13, 2003. Ali Hassan Mahmud al- them. While I think he certainly has a liferation Security Initiative; creating Tikriti, AKA Chemical Ali, was cap- lot of positive qualities, and in normal a four-star level task force to counter tured on August 21, 2003. Al Zarqawi, times I would certainly defer to the improvised explosive devices; initiating leader of al-Qaida in Iraq, was killed on President’s judgment on this, we are a global basing posture review; con- June 7, 2006. And 45 of 55 of Saddam’s not in normal times. I believe we need verting Trident ballistic missile sub- top regime—the deck of cards—have a Secretary—and I think we need lead- marines to guided-missile submarines; been killed or captured under Donald ers in this country, particularly the fielding the first operational V–22 Rumsfeld’s leadership. Secretary—who has insight into the squadron; and fielding the first oper- Again, we have conducted hundreds nature of our enemy and is willing to ational F–22 squadron. of intelligence and tactical operations, provide the vision necessary, not just Secretary Rumsfeld’s accomplish- many with partner nations, throughout for our people in the military but the ments span the spectrum of DOD oper- the world against terrorist organiza- country, on how to defeat them. On one ations to include every service, pro- tions directly or loosely affiliated with particular vital aspect of that vision I curement programs, research and deal-Qaida. think he is in error, and that error velopment programs, personnel issues, President Bush appointed Secretary causes me to object and to vote no to DOD organization and management, Rumsfeld to lead the men and women his nomination. and virtually every facet of the Depart- of our Armed Forces, and he has led by What I would like to do is lay out ment’s operations. However, let me example. As a member of the Senate what I see as the problem confronting focus on the Department’s accomplish- Armed Services Committee, I ques- America and the complexity of that ments in the global war on terrorism tioned Secretary Rumsfeld many times problem, which I think has grown more during his tenure. during hearings about our national se- complex since the last time that we Overall: A multinational coalition curity challenges and the needs of our have been in this Chamber, over 6 has liberated 50 million people in Af- troops and their families, and I have al- weeks ago. I would like to go back to ghanistan and Iraq, with formation of ways been convinced that he had the two speeches I gave last summer, one representative governments and secu- very best interests of our Nation, as at the National Press Club, and the rity forces. We have liberated 31 mil- well as the best interests of our men other at the Pennsylvania Press Club— lion Afghans from Taliban control and and women in uniform, in mind. I com- one obviously in Washington, the other destroyed an al-Qaida sanctuary, con- mend him for his service and on behalf in Harrisburg. I gave those speeches be- quering elements that successfully of our Nation thank him for his com- cause I thought it was important that

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.094 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11296 CONGRESSIONAL RECORD — SENATE December 6, 2006 at a time when our country is at war Iran specifically has been at war with look at it through the eyes of politics, and our country is struggling with this us, since 1979 when they declared war why would we change focus and focus war that we have a better definition as against the United States. They have on Iran as the problem? We saw from to who the enemy is and what we need not rescinded that declaration. So the last election there is grand polit- to do about it. when we talk about engaging Iran as ical advantage of keeping the focus on I made that issue, the issue I dis- the Secretary, the new, future Sec- Iraq and the problems in Iraq. Why cussed in these two speeches and subse- retary of Defense has talked about, we aren’t the Republicans, then, stepping quent speeches during my campaign, are talking about engaging someone forward and pointing to the difficulty the centerpiece of the campaign. Many who is at war with us, who has declared and problems that Iran is causing in political advisers suggested to me that war with us, and who has been at war Iraq and call for confrontation? If we this was a wrong tactic in a State and, and as I will talk about here, and saw anything from the last election, where the favorabilities for the war I think it has been widely reported in the American public has no appetite and the President were in the low thir- the press, has been doing a lot to sub- for a broadening of this war, increasing ties to make this the centerpiece and, stantiate the claim that they have the complexity of this war. You might in fact, draw divisions between myself been at war with us. be seen as warmongering, digging us and the President where I put myself in But this threat is not exclusively deeper and more dangerously into a re- a position which some suggested was to based in Iran. It is gaining strength gion of the world that we would rather the right of the President. But I and spreading throughout every region not be in in the first place. thought it was important for the coun- of the world. I have addressed the issue So what do we have? We have the try and for me personally as a U.S. of Islamic fascism but have not yet Baker-Hamilton report which is a pre- Senator to address the issues that I spoken to the subject of Iraq. Iraq is scription for surrender. It is just a thought were critical to the time. the central front in the war on Islamic matter of time. It is certainly not a So I went out and gave two speeches fascism. However, contrary to the Iraqi prescription for victory. Nowhere does about the importance of defining our Study Group, the Baker-Hamilton com- it mention, other than of course that enemy. If there has been a failing—ob- mission, the answer to this problem we would like victory, nor is there a viously, for the last several weeks and can be found—the answer to Iraq can prescription for victory in that report. months we have been talking about the be found not in Iraq but in Iran. It is So now we have the slow process of failings of the administration with re- Iran and its client State of Syria that how we exit ourselves because we have spect to the policies within Iraq—I serve as the principal instigators and no option to confront the real problem. would make the argument that the fomenters of the conflict in Iraq today. We have no willingness on the part of larger failing, not just of the adminis- The President gets advice from the any level of Government to confront it. tration but of the Members of Congress CIA that the opposition in Iran is weak So we are destined at this point to and leaders in this country, is that we and divided and therefore we should do focus on something that is insolvable have not had the courage to stand up nothing in Iran because we have no al- without confronting Iran, and that is and define the enemy as to who they ternative. We have no one we can use the war in Iraq. are and study and understand them and Who are these Iranians? Who are explain to the American people who in Iraq to confront the Iranian Govern- these Islamic fascists? I do not mean to they are. ment to cause any kind of changes. So I defined the enemy back at the Na- the President gets advice from his in- exclude Sunni Islamic fascists because tional Press Club speeches as Islamic telligence team that we are without they were the principal—or they were fascism. I said that is the biggest issue options in Iran. the first, let’s put it that way—in of our time, this relentless and deter- The Pentagon advises the President launching the war against the United mined radical enemy that is not just a and says we don’t know if we have the States. I should not say the first. They group of rag-tag people living in caves resources to open up a new battlefield were the first in recent times—cer- but, in fact, people with an ideology, a or confront, militarily, Iran, and there- tainly 9/11—in launching the war. plan, and increasingly the resources to fore we have limited options in Iran. So this is not just a Shia problem, carry out that plan, as well as, increas- The State Department—yes, State but it is increasingly becoming a Shia- ingly, a bigger and larger presence Department—they think that Iran is dominated field as they continue to throughout the Islamic world, these the solution to the problem; that nego- spread control in Iran with their influ- radical Islamic fascists. tiating with them and getting them to ence and money. But let’s not leave out As I said, I understand this is an un- be our pals can in effect solve the prob- Saudi Arabia and others that have used popular war. When I stepped forward to lems; so confronting Iran would be the their resources to foment Islamic fas- define the enemy as radical Islamic absolutely wrong thing to do in solving cism all over the world with their re- fascists, I was ridiculed by the media the problem in Iraq. sources—Sunni Islamic fascism. and others, saying that my words were So the President is being advised by So where are we? What can we do to too harsh, saying that at worst my de- all of his minions that Iran and con- confront this problem? fining the enemy was incorrect, at best frontation with Iran is not an option, The interesting thing is that this it was inflammatory. But I did so be- as we heard from the testimony of the problem is growing—I don’t know cause I believe words matter. If you are new Secretary of Defense. about exponentially, but I don’t know going to confront an enemy you have Let’s look at other interested parties of a single country in the Middle East to understand who that enemy is and as we look at how we solve the problem where the threat of radical Islam has you have to communicate that to the in Iraq and dealing with Iran. The not grown over the last 30 years, since people of America. And we must do American media seems to be very fo- Iran took over control—since the radi- that. cused and spends a lot of time talking cals took over control in Iran, the last Many people talk about this war as if about how poorly things are going in 27 years. Every capital, every regime is it is an attempt simply to create fledg- Iraq. They report daily—not just re- feeling the pressure. And not just since ling democracies in Iraq and Afghani- cently but repeatedly for the past 3 2003, but systematically over the years stan. While this may be an appealing years, daily—the body count in Iraq. It we have seen, particularly in Arab possible outcome, we all must recog- is the lead and has been virtually every Muslim countries and Middle Eastern nize that Iraq and Afghanistan are bat- single day for 3 years. Muslim countries, this rise. But, again, tlefields in a much more complex and Is their interest in shifting focus and not exclusive: Indonesia, Malaysia— broader war. That includes every con- covering the problems in Iran? Not if this is not exclusive to the Arab world. tinent with the exception of Antarc- we can drive home a story like this in Obviously Iran, which is Persia. tica. The war is at our doorstep, and it Iraq. So what have we seen over the past 6 is fueled, as I mentioned, literally and Republicans and Democrats, leaders months? We saw a situation in the cen- figuratively by the evil of Islamic fas- in the Congress, why don’t they focus tral synagogue in Prague where the Is- cism. and talk more about Iran? Democrats, lamic fascists intended to carry out, on Whether we know it or not, they have if you look through—as unfortunately Rosh Hashanah, a mass kidnaping been at war with us, and the State of many Republicans and Democrats do— when large numbers of Jews would be

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.103 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11297 celebrating the new year. When the would free them of this burden of fight- this floor back in the spring—they world’s attention now was focused on ing. It is a great appeal and many played us along. They said: Well, you Prague, they designed to make impos- would like to see the end of this war, know we will negotiate with you as sible demands and then blow up the but we should not be fooled. long as we can continue to produce nu- synagogue and everyone within it. Our troops in Iraq are being killed by clear materials and continue our nu- Those people were not marked for Iranian weapons today paid for with clear program. So we negotiated and death because they supported the war Iranian money smuggled into Iraq by we negotiated and they developed and in Iraq. They were not marked for Iranian logistics and utilized by Ira- they developed. So finally in Sep- death because they oppressed these Is- nian-trained terrorists. tember of this year, enough people on lamic fascists. They were targeted be- A couple of years ago you needed a both sides of the aisle and enough peo- cause they were Jews. This is evil. security clearance to know this. Now, ple in the administration finally were Islamic terrorists organized an as- if you care to know, if you want to convinced that this was not a viable sault on civilian aircraft leaving Lon- know this uncomfortable truth about strategy anymore. What did we gain? don, planning to blow up 10 or more Iran, you can know it. Iran is the cen- We passed the Iran Freedom and Sup- planes this summer as they flew over terpiece in the assault against us and port Act, which probably surprised the North Atlantic. You may not know other countries in the civilized world, most people in this Chamber. We that two of those participants were a which is why I fought so hard for pas- passed it unanimously—one of the last husband and a wife, a husband and a sage of the Iran Freedom and Support things we did before we broke. Most wife who were going to board that Act. Americans don’t know it. Unfortu- plane and explode that plane over the I stood on the Senate floor at this nately, most in the Middle East don’t North Atlantic while holding in their very desk and argued in May or June of know it. I suspect if we went into the arms their 6-month-old child. this year for passage of the Iran Free- bowels of the State Department they This is evil. dom and Support Act. I said we should may know it, but they are not going to Islamic terrorists slaughter innocent not be negotiating with Iran, that we do a damned thing about it because Iraqis every single day on both sides of should be confronting Iran. that is not their intent. They do not the divide within Islam. As we know, in Bernard Lewis tells a familiar opin- want to do anything about it. My guess recent days they beheaded an orthodox ion that he has. He tells a lot of them. is they will take that money and spend priest and crucified a 14-year-old boy He said that the oddity in particular of it on a lot of conferences and studies guilty of nothing but being Christian. the Arab and Middle Eastern Islamic on what we should do instead of giving This is evil. world is that the more we have strong it to the bus drivers who went on strike Almost everyone has now heard of relations with the government in an as a strike fund so they can stand up to Iranian President Mahmoud Arab Muslim country the more the the government. Instead of giving it to Ahmadinejad and the fact that he de- people of that country hate us; and the dissent groups so they can disseminate nies the existence of the Holocaust and more that we stand up and confront information, instead of actively engag- called for Israel to be wiped off the face leadership of those countries the more ing we will appease. We will study, we of the Earth. But he has been remark- the people like us. Is it no wonder he will delay, and they will have time to ably clear about his mission, remark- recounts on the day of 9/11 when there further build. ably clear about his messianic vision of was but one Middle Eastern Muslim But we did pass the bill. That would a Shiite religion, his vision to destroy capital there was a candlelight vigil in be on one of my to-do lists in the next the Western world and impose a caliph- support of those who died on 9/11, and Congress. ate on the world in which the world that was in Tehran, Iran. Is this bill going to be enforced? Are would submit to Islam or die in the It is not hard to understand when we going to confront Iran? Are we process. you have regimes throughout the Mid- going to try to do something or are we He said: dle East who oppress their people that going to sit by and allow them to de- Is it possible for us to witness a world when you stand up and confront those velop these weapons? They are not de- without America and Zionism? regimes and call them the evil they are veloping them alone. No, there are a Then he answered himself: the people understand and respect your lot of reports that they are working But you had best know this slogan and this honesty, agree with you, and support with others around the world. Who are goal is attainable and surely can be you. those others? I talk about Islamic fas- achieved. This summer when we attempted to cism, and I keep focusing on that. But, So do we have any questions about negotiate with Iran, we told the people unfortunately, over the past several the nature of our enemy? Do we have of Iran that we are not on their side, months it is increasingly clear to me any questions about the capability of that we want to make deals with peo- that the situation is becoming even this oil-rich country? Yet just this past ple who oppress them, who torture more complex. We are not just facing a week President Mahmoud Ahmadinejad them, who enslave them, who abuse group of people who are in the Middle sent an open letter, a conciliatory let- them, and who kill them. That is why East desiring to overthrow the world ter, to the American people, addressed we should not have entered into any and oppose a caliphate on us, but they to the ‘‘noble’’ American people. He negotiations in spite of the entreaties have allies—unlikely allies in some recalled on America to withdraw from of Europe with this evil regime in Iran. spects, unlikely allies as the German Iraq and end support for Israel, and, of We should confront them, and only Nazis and Japanese imperialists who course, to convert to Islam. This man confront them. If we want the support had very conflicting ideologies but had may be a fanatic, but let me assure you of the people of Iran, we have to earn it a common purpose, and that was de- he is not a stupid fanatic. This man un- with the integrity of our mission, and stroy the West, destroy the English- derstands and studies America. The Is- we are not doing that. speaking world and the Western world, lamic fascists respect us enough to get So I stood up on the floor of the Sen- and put it under the domination of to know us. They respect us enough so ate and said we needed to confront those countries. they know what buttons to push and Iran, that we needed to fund full de- So it is today. The enemy of my how hard to push them. They respect mocracy groups, that we needed to use enemy is my friend. What Iran has us enough to figure out what it will the public airwaves and the Internet to found and the Islamic fascists have take to defeat us. disseminate information to cause a found is there are plenty of enemies of I wish that were the case for the change in the Government of Iran, and the United States. In fact, they had a American people. that we needed to sanction them. And meeting just this year a couple of He couched his warning in the words this administration opposed me. The months ago in Havana, Cuba. The non- that are familiar and comfortable with Senate opposed me by, I think, a 54-to- aligned states met. There were 100 na- Americans—‘‘freedom,’’ trying to ap- 46 vote. That is why I continue to work tions. On their agenda was to redefine peal that he would be free of this ille- on the Iran Freedom and Support Act. the word ‘‘terror’’ to include ‘‘the U.S. gitimate regime in his mind, which is Over the intervening months, what occupation of Iraq’’ and the ‘‘Israeli in- the current administration, and we happened? Iran did as I predicted on vasion’’ of Lebanon. Of course, there

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.104 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11298 CONGRESSIONAL RECORD — SENATE December 6, 2006 was no mention about the incursion of The Iranians have also commented its are advancing Islamic fascism in Hezbollah. They found solace with officially on friendly ties between the Middle East. It is no wonder again these countries. Tehran and Pyongyang after the Is- that Venezuela and Iran have formed We saw it played out at the United lamic revolution, saying Iran ‘‘highly an oil pact. Why? As they have clearly Nations just a couple of weeks later praises North Korea for its steadfast- said before, oil is a ‘‘geopolitical weap- where President Ahmadinejad, Presi- ness against the domineering policies on,’’ according to Chavez. He also said: dent Hugo Chavez, to thunderous ap- of the United States.’’ I could easily order the closing of the refin- plause of many in the United Nations But the threat goes even further. eries we have in the United States. I could community, demonized America. But Ahmadinejad, with Kim Jong Il, like easily sell that oil that we sell to the United another member of that crew of non- Mussolini and Hitler, intends to con- States to other countries of the world . . . to aligned nations was North Korea. quer Western civilization. Again, that real friends and allies like China. I mentioned before that Iran is pur- is not Hitler. But they also, like the They have even closer relationships suing a nuclear program. They are in- Soviets under Nikita Khrushchev, see with the Islamic fascists in Iran. A re- deed pursuing a nuclear program, and the advantage of placing weapons of cent congressional report found that there have been many intelligence re- mass destruction within short ranges Hezbollah may right now have estab- ports published that have suggested of the United States. lished bases in Venezuela which have there were Iranian scientists there the Obviously, one likely candidate issued thousands of visas to people day North Korea exploded their nuclear would be Venezuela. I don’t know of from places such as Cuba and the Mid- weapon. In fact, the scientist who had any regime currently that is more ve- dle East, possibly giving them pass- been working with North Korea, AQ hement and more anti-American than ports to a vague United States border Kahn, is the same scientist who has Hugo Chavez and the regime in Ven- security. been working with Iran in the develop- ezuela, so it probably comes as no sur- To make matters worse, we see, with ment of their nuclear program. Some prise that Ahmadinejad and Chavez the help of Venezuela, Cuba and China have suggested that they are working have had meetings, and they are now are now exploring for oil within 50 collaboratively and jointly in their de- aligned and allies and working to- miles of the coast of the United States, velopment of nuclear weapons which, gether and have, in fact, formed a de- while the Senate blocks a measure to of course, would have put Iran’s nu- fense pact between the two countries. allow us to explore for oil within 100 clear program well ahead of where ev- Venezuela is a serious threat not just miles of our own shore. So while China, eryone believes it to be. because of their relationship within Cuba, and Venezuela draw oil from our So we have not only the Islamic fas- Iran but because of what it has at- shores, we stand idly by and let them cists led by Iran, but we now have an tempted to do throughout the region, do it to arm against us. alliance between Iran and North Korea; as well as its own potential threat. Let’s not overlook the role of Russia North Korea, which is a threat in their Just a few weeks ago there was an in working with all of these govern- own right, now with nuclear weapons election in Nicaragua, right before our ments—Iran, North Korea, and Ven- and their increasing ability to deliver election, where Nicaragua’s Daniel Or- ezuela. Last summer, Russia signed an them with long-range missiles, includ- tega won the election, took a congratu- arms deal with Venezuela to the tune ing the development of, as they hope to latory call from Hugo Chavez, who of $1 billion. Last month, Russia began do, ICBMs which could reach the said: deliveries to Iran of highly sophisti- United States of America. We’re happy here. We’re very proud of you. cated SA–15 anti-aircraft missiles val- We confronted North Korea as soon Now, like never before, the Sandinista rev- ued at $700 million. The purpose of as they detonated their explosives. We olution and the Bolivarian revolution unite, these missiles? To defend Iran’s nu- had a U.N. resolution confronting to construct the future, socialism of the 21st clear program. That shouldn’t come as them. North Korea condemned that nu- century. a surprise. Russia has consistently op- clear U.N. resolution and called it ‘‘a Chavez made no secret about his supposed the efforts of the United States declaration of war’’ and threatened the port for Ortega or his support for the to sanction the other enemy, North United States by declaring: new rulers in Bolivia. Chavez is doing Korea, for their nuclear programs, and We will deliver merciless blows without all he can to build military power and has insisted on diluting the effects of hesitation to whoever tries to breach our might and influence in the region of every resolution that was passed con- sovereignty and right to survive under the the world that is uncomfortably close demning North Korea. The Russians excuse of carrying out a United Nations Se- to the United States. claim sanctions don’t work. Yet, oddly curity Council resolution. As we know, Chavez has been clear enough, they just imposed sanctions on Not only do we have a threat of about his disdain for America. What we their neighbor, Georgia. North Korea now launching a nuclear don’t know is what Venezuela has been Yes, we live in a very complex time weapon, but we have the clear threat of up to. I suspect that most Members of and we have enemies who are very dan- North Korea and Iran proliferating nu- this Senate do not know that Ven- gerous, in which their relationships are clear technology. In addition, as Iran, ezuela is the leading buyer of foreign growing, and so with it their commen- working with North Korea, develops arms and military equipment in the surate power to confront terrorists of their nuclear program, and as the world today, that Chavez is building an the world, and the rest of the world sits world sits fecklessly by and lets them army of more than 1 million soldiers. I and hopes and hopes that we can nego- do it, others in the region legitimately suspect most in this Senate do not tiate our way out of this problem; that have their tensions increased and have know that over the next year he plans since we are people of reason and ra- talked about the need for those nations to spend $30 billion to build 20 military tional folks, we can deal with them on to develop nuclear weapons, Thus bases in neighboring Bolivia which will that level. Have we forgotten our his- starting an arms race in a region of the dominate the borders of Chile, Peru, tory? We have been in this situation world where it is the last place we Paraguay, Argentina, assembling those before. want a nuclear arms race. military bases on the borders of the I have titled this address ‘‘The Gath- Finally, we have the issue of whether countries I just mentioned. These mili- ering Storm of the 21st Century.’’ It is this nuclear material that is being de- tary bases, while they will be manned not a coincidence that I do so in hark- veloped in both North Korea and Iran by Bolivian soldiers, will be com- ening to the book written by Winston will end up in the hands of terrorists, manded by Venezuelan and Cuban offi- Churchill, ‘‘The Gathering Storm,’’ to be delivered in a nonconventional cers. talking about the lead-up to World War way. North Korea is a new threat on How does he do this? How is he able II. Just like Britain in 1940, after the the horizon, but it is not alone. In fact, to accomplish what Fidel Castro has fall of France, we are engaged with a North Korea has expressed direct sup- been seeking to accomplish now for 41⁄2 struggle now with the enemy—alone. port for Iran’s nuclear development decades? The answer to that, of course, Just like Britain in 1940, we entreated program and stressed that the United is very simple. It is a three-letter word: the rest of the world to join us against States and the West have no right to oil. Oil and its huge profits are financ- this evil, and the world fell silent. For defy such a program. ing this, just like oil and its huge prof- a year and a half until Pearl Harbor,

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.108 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11299 and actually long after that, since the scribed has said it clearly, repeatedly, Why is a free Iran and a free Iraq so United States was certainly not pre- and pointedly, and even more threaten- essential? Because neither the United pared for war, Britain fought this bat- ingly, because this is an enemy who States of America nor any of our West- tle alone. And with the exception of doesn’t see death as a tragic con- ern allies can defeat radical Islamic the State of Israel, we are fighting this sequence of the war; they see it as fascism on our own. We cannot defeat battle alone, and I suspect we will for their objective of war. radical Islamic fascism. The only thing quite some time. The ayatollah and the mullahs of we can do is, through democracy-build- So what lesson can we learn? What Iran have repeatedly said that the ob- ing and through support of moderate lesson can we learn from history? What ject of jihad is not success, it is death. Islam, give those who truly seek the we know is America is very reticent to It is reaching the next level. It is end- true meaning, the true moderate mean- get involved in wars, and rightfully so. ing this miserable life which we have ing of Islam the opportunity to be suc- In the First World War, we only en- on Earth and in pursuit of jihad, guar- cessful in suppressing its radical ele- tered after a German U-boat sank anteeing yourself eternal life with ments. We have to create that environ- American civilian and commercial Allah. ment, and we have not in Iraq because ships in the North Atlantic. World War Here in America, we refuse to recog- Iran and Syria have not let us. I was the war to end all wars. After the nize, many, that we are at war with I remember reading commentaries defeat of the German armies, it seemed this great evil. from so many people talking about as if peace was going to be with us for We shrink from the recognition of that things went well originally in a long time. But it did not last a gen- identifying the enemy and confronting Iraq. It seems like things were going eration. As I said, we ended up with the them, whether they be the Islamic fas- OK, and then, after a year or so, it real- situation in World War II. But even cists led by Iran or the socialist rulers ly started to turn south. Well, imme- after the fall of Europe to the Nazis of North Korea and Venezuela. We are diately after we were there, the Ira- and the Italian fascists, America stood sleep-walking through the storm, as we nians were scared to death of us and by, hoping this problem would go away. have done in the past. We pretend it is dared not play in that sandbox. But It was not until Pearl Harbor that not happening or that it is simply be- they quickly surmised that we were things changed. cause of the incompetency of the cur- not serious, that we were not going to The Cold War was only after Stalin’s rent administration or of a member of confront this evil, so they began what aggression in the Middle East in Greece that administration. we now see. that we decided to engage and recog- But how do those who deny this evil We need to counter Hugo Chavez. We nize that the Soviet Union was not our propose to save us from these people? need to do more to develop closer rela- friend as many thought after World By negotiating through the U.N. or di- tionships with the countries in Central War II but, in fact, our new foe. And rectly with Iran? By firing Don Rums- and South America, through trade and now, after the fall of the Soviet Union feld, now getting rid of John Bolton? through diplomatic negotiations. We we thought we would have a peace divi- That is going to solve the problem? must fight for the hearts and minds of dend, peace for a long time, and we find These people are now going to be nice Central and South America, and we that other forces of evil have cropped to us because we removed these people must do so much more deliberately and up to confront us. who were agitating them or causing aggressively than we have. We have to If it were not for the fact of Sep- problems? Maybe relocating our troops do more to confront North Korea and tember 11, we would be allowing that to Okinawa or Kuwait or some other its threat. That includes options, par- to continue today. But we engaged the place will get these people to simply ticularly missile defense. Finally, we enemy because they attacked us di- leave us alone? Maybe if we just aban- have to confront the root cause of all rectly here at home. But now we are don Iraq and Afghanistan to the chaos of this, the root cause being oil. growing tired. We are wearying of the and slaughter of Islamic fascists, their There is one regret I have of not com- battle. I said earlier that these Islamic thirst for blood will be met? Or maybe ing back here. It is—and my colleagues fascists understand us better than we it is just engaging in one-on-one dis- know I can be somewhat single-mind- understand them. They understand our cussions with Iran and North Korea ed—to focus the attention of this body history better than we understand and other reasonable dictators? and this country on energy security. It their history. They need not look long No, I do not think any of those things is lunacy, it is suicidal to continue to to see how quickly America tires of will work. And history has proved they allow the energy markets at the levels confrontation and conflict and death. have not worked. We need to begin to they are right now given the fact that And so they plan and, more impor- confront our enemies. And that does a vast majority of those energy dollars tantly, they kill, every day. It is re- not mean we have to launch a military are going to people who want to kill us corded here every day, and support for mission into the countries I spoke of. and destroy everything we believe in. this war goes down every day. And they But we have to do more than just ad- We can no longer play games with our check another box in Tehran. just tactics in Iraq. If the focus of the energy security. Winston Churchill wrote in ‘‘The next year and a half is simply adjust- I spent a lot of time talking about Gathering Storm’’ a short description ing tactics within Iraq, it will fail. It this war, and I have fought very hard of the gathering storm: will fail. We must go after the regimes to pass legislation, both the Syrian Ac- How the English-speaking peoples, through that recruit, pay, train, and arm their countability Act and the Iran Freedom their unwisdom, carelessness and good na- surrogate militias in Iraq. Again, I am and Support Act, that will try to hurt ture allowed the wicked to rearm. not talking about military confronta- our enemies and strengthen our coun- We are at such a moment. Are we tion; I am talking about political and try. I will do my best, after I leave this going to allow the wicked to rearm? We economic warfare to bring down the place, to continue to confront these en- paid a terrible price for waiting. We terror regimes in Tehran and their sat- emies and to give the United States the lock at each war, each major conflict, ellite puppet state in Syria. The best opportunity to succeed in this war. we paid a terrible price for waiting. In way to do that is to work with their Osama bin Laden said: many cases, it was a price paid in own people who want freedom. In the final phase of the ongoing struggle, America. In many other cases it was a I talked about the Iran Freedom and the world of the infidels was divided between price paid in countries around the Support Act, but there is much more two superpowers: the United States and the world. Are we going to pay that price we need to do. We need to implement Soviet Union. Now we— at some day in the future or are we it. And we need to use the public diplo- Understand this. going to confront this enemy? macy apparatus we have to motivate Now we have defeated and destroyed the If we learned anything from the 20th and change the hearts and minds. A more difficult and the more dangerous of the century, it should be this lesson: When free Iran will change the world because two. leaders say they are prepared to kill it will deprive the terrorists of the sin- Understand what bin Laden is saying. millions of people to achieve their gle greatest source of support and iso- ‘‘We,’’ these Islamic fascists—they goal, we must take them at their word. late the likes of Hugo Chavez and Kim claim they defeated the Soviet Union, The enemy before us that I have de- Jong-il. not Ronald Reagan and Margaret

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.110 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11300 CONGRESSIONAL RECORD — SENATE December 6, 2006 Thatcher, not Pope John Paul II, but Kansas, and myself, inviting our col- try when it comes to oil. They are ex- Islamic fascism, the mujahedin in Af- leagues on both sides of the aisle to try pected to bring in $7.6 billion in rev- ghanistan. History will make a plau- to address the escalating crisis in enue this year from oil. The major oil sible case for this assertion that, in Darfur, in the Sudan. companies in the Sudan are owned and fact, they had a lot to do with defeat- In the meeting, we talked about the run by the Chinese, the Indians, and ing the Soviet Union. But he continues urgent need for international action to the Malaysians. with one final sentence: stop this genocide. Hundreds of thou- Independent reports estimate that 70 Dealing with the pampered and effeminate sands of people have been killed in percent of that oil revenue is likely to Americans will be easy. Darfur over the last 3 years. Two and a be used by the Sudanese Government You see, they think they understand half million people have been driven in Khartoum for military expenditures. us. They think they know how to get from their homes. There are refugee Think of that. An otherwise poor Afri- to America. Open a paper every day camps not only in Sudan but in Chad can nation taking 70 percent of the rev- and see what their tactic is. Open a and neighboring countries filled with enues from oil, converting it into mili- paper every day, turn on a television those from Darfur who have been driv- tary equipment that in many cases is every day, turn on your radio every en out by the violence. being used to kill its own citizens. day, sign on to the Internet every day Nearly two-thirds of the people living Those same military expenditures have and see what their tactic is and see in this region are now dependent on hu- financed helicopter gunships, auto- how they believe they will defeat us. manitarian aid, and hundreds of thou- matic weapons, and vehicles that have I believe we need strong leadership to sands are in need but far beyond the allowed the Sudanese Government and confront this greatest enemy that we reach of humanitarian organizations. their militia to terrorize the popu- have. The stakes are high, too high not Humanitarian access, the ability to lation of Darfur. to join together—Democrat, Repub- help those in such desperate straits, is, The international community needs lican, liberal, conservative, American, sadly, diminishing when, in fact, we to join the United States in sanctions European—to confront this dangerous need more. on Sudan. You can hardly pick up a enemy. We must stop them. The Sudanese Government in the newspaper in our country without find- Winston Churchill, in June of 1940—I capital of Khartoum has orchestrated ing a full-page ad exhorting our Gov- will close with this, for my colleagues this campaign of genocide. It continues ernment and people to do something who have been patiently waiting—Win- to deny the death toll, and it continues about the genocide in Darfur. I salute ston Churchill, in 1940, addressed the to reject the United Nations peace- those who are supporting that effort. I British people as Britain stood alone: keeping mission. encourage them to take that informa- What General Weygand called the Battle of On November 21, Special Envoy tion to other countries in Europe and France is over. I expect that the Battle of Natsios announced that the Bush ad- other places so that they can engage Britain is about to begin. Upon this battle ministration would resort to an un- with us in an effort to stop this geno- depends the survival of Christian civiliza- specified ‘‘Plan B,’’ as they called it, if cide. Civilized nations should not do tion. Upon it depends our own British life, the Sudanese Government does not business with genociders. and the long continuity of our institutions agree by January 1, 2007, to allow an In the United States, we need to do and our Empire. The whole fury and might of expanded international peacekeeping more. We should close our ports to oil the enemy must very soon be turned on us. force in Darfur. Mr. Natsios made clear tankers that have operated in Sudan. Hitler knows that he will have to break us in this Island or lose the war. If we can stand to us in the meeting in my office just The President could block the assets of up to him, all Europe may be free and the a short time ago that this force is to be 17 individuals named in the United Na- life of the world may move forward into under the command and control of the tions investigation as responsible for broad, sunlit uplands. But if we fail, then the United Nations. It is a very important crimes in Darfur. The list includes the whole world, including the United States, in- part of our plan. In September, Sec- Sudanese Minister of Interior, the In- cluding all that we have known and cared retary of State Rice warned that Khar- telligence Director, and the Minister of for, will sink into the abyss of a new Dark toum faced a choice between coopera- Defense. To date, the President has Age made more sinister, and perhaps more tion and confrontation. only blocked the assets of four people: protracted, by the lights of perverted I believe it is time—it is well past science. Let us therefore brace ourselves to Two rebel leaders, a former Air Force do our duties, and so bear ourselves that, if time—for the world to make clear to officer, and a Janjaweed militia leader. the British Empire and its Commonwealth Khartoum and the Sudanese Govern- We need to move up the chain of com- last for a thousand years, men will still say, ment that serious steps will imme- mand. We need to do more, and we need ‘‘This was their finest hour.’’ diately follow the beginning of the new to do it now. This is the call of this generation. year if a United Nations or combined All across America, State and local This is America’s hour. This is the United Nations and African Union governments, universities, organiza- hour that we need leadership, force is not agreed to immediately. The tions, and private citizens are doing Churchillian leadership, who had a United States and the world have a more by divesting their pension and keen eye for the enemy and a resolve in number of things we can do, things we other investment funds from compa- spite of the political climate to con- can do to persuade the Sudanese that nies that do business in Sudan, compa- front it. I ask my colleagues to stand they have to stop this genocide in nies that support and enrich the Khar- and make this America’s finest hour. I Darfur. toum Government that is looking the regret that the new Secretary of De- Militarily, the United Nations has other way when it comes to this geno- fense is not up to the task, in my opin- authorized and the Senate supports the cide. Divestment is a powerful tool. I ion. I hope others are. principle of a no-fly zone over Darfur. believe Congress and the White House Mr. President, I yield the floor. It is not going to be easy to implement should support it. The PRESIDING OFFICER. The Sen- it, but it is possible. Although it is My State of Illinois was one of the ator from Illinois. logistically challenging, that is no ex- first to step forward and divest its Mr. DURBIN. Thank you, Mr. Presi- cuse to allow the Government of the State pension funds. Five other States dent. Sudanese people to continue attacks on followed. Recently, I joined Senator f the Sudanese people themselves by air. BROWNBACK in writing to every other The United Nations should also be Governor, urging them to join in the ESCALATING CRISIS IN DARFUR working with the International Crimi- divestment effort. We have also each Mr. DURBIN. Mr. President, this nal Court, sharing intelligence that taken steps to personally divest. There evening there was a meeting in my of- could help accelerate indictments is an interesting side note here. After fice with the U.S. Special Convoy to against those Khartoum officials and Senator BROWNBACK and I sent a letter the Sudan, Andrew Natsios. It was an others guilty of crimes against human- to all of these Governors in States that unusual meeting by Senate and Capitol ity. Economically, the United States have not divested from investments in Hill standards. It was a bipartisan has sanctions against U.S. companies the Sudan, an enterprising reporter re- meeting called by Senator SAM doing business in Sudan, but most viewed my personal financial informa- BROWNBACK, my Republican friend from countries don’t. Sudan is a rich coun- tion on file and reported to me that

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.112 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11301 one of the mutual funds that I owned, Darfur, and I have been thinking about I salute my colleague from Illinois. owned stock in a company doing busi- Paul Simon and what he did in Rwan- f ness in Sudan. I was shocked to learn da. This time, during the latest chapter TRIBUTE TO SENATOR RICK that. Quickly I sold it. But I think it is in the world’s history of atrocities, SANTORUM a warning to all that if you want to be hundreds of Americans, thousands of participating in this effort to try to get Americans are engaged. It is so encour- Mr. DEWINE. Mr. President, I rise to the message to the Sudanese, we aging to go to college campuses across take a moment to congratulate my col- should all start with our personal sav- the State of Illinois and find college league from Pennsylvania, Senator ings and mutual funds and make sure groups that have made Darfur their SANTORUM, who spoke very eloquently that we are not supporting, indirectly, issue. It is great to go to meetings of about the world threat that we face the Government of Sudan. I have sold people old and young in my State and today. RICK SANTORUM is someone of that mutual fund, and I will try to be have someone afterward come up and great passion. He is someone who is vigilant that if another mutual fund I discuss the genocide in Darfur. These fearless. He is someone who, frankly, own purchases something in Sudan, people have not been silent. They have does not care whether people agree that I divest very quickly. pleaded for action. with him or do not agree with him. All of these are small actions but cu- Paul Simon was right, in part. The I will say this: This Senate is going mulatively they can make a difference. response this time has been different. to be a lesser body without RICK Tonight, as I have done before, I can’t It has been different than the world’s SANTORUM’s great passion and his great help but think about Rwanda in 1994. I response to genocides against the Ar- drive, his great creativity. He will take mentioned it this morning when I menians, the Jewish people, the Cam- those attributes out of this body, but I bodians, the Bosnians, and the noted the retirement of my colleague know that we will hear from him. He Rwandans. It has been different in that from Vermont, Senator JIM JEFFORDS. will be vocal. He will be concerned. He this time we recognize that truly there In 1994, mass murder was launched in will be involved in whatever role he de- is a genocide taking place on our Rwanda. It was carried out by guns and cides to assume after the first of Janu- watch, in our time in this world. But ary. torches and by the grisly use of ma- we haven’t stopped it. chetes. We are here today not as Democrats f Five weeks after the killings began, or Republicans but as advocates for the HONORING OUR ARMED FORCES Illinois Senator Paul Simon, my prede- people of Darfur. The U.S. special CORPORAL MICHAEL CIFUENTES cessor and my closest friend in public envoy to Sudan, Mr. Natsios, has drawn Mr. DEWINE. Mr. President, I come life, who was chairman of the Senate a line in the sand. As of January 1, the to the Floor today to honor a brave Foreign Relations Subcommittee on Sudanese Government must either ac- Ohioan, Marine LCpl Michael Africa, and JIM JEFFORDS, then the cept the peacekeeping mission or face Cifuentes, from Fairfield, who was ranking Republican on that same sub- the consequences. Personally, I believe killed in the line-of-duty when his ve- committee, phoned General Romeo this deadline comes too late. But I hicle was hit by an improvised explo- Dallaire, head of the U.N. peacekeeping hope it is effective. I hope it convinces force in Rwanda in Kigali and asked the Sudanese Government to accept sive device in Iraq on August 3, 2005. what he needed. A desperate Dallaire the peacekeepers. If not, then the ad- Michael is survived by his parents, told them that if he had 5,000 soldiers, ministration’s plan B, the con- Gregory and Carolyn, his brother Dan- he could stop the massacre in Rwanda. sequences of refusal, must be meaning- iel, and his fiance Tara Reynolds. Those two Senators immediately draft- ful and immediate and decisive. Friends, family, and fellow marines ed and hand-delivered a note to the Let me close with the words of Paul remember Michael, first and foremost, White House, to the Clinton adminis- Simon and JIM JEFFORDS, who retires for his kind and generous spirit. A 1998 tration, requesting that the United this week from the Senate: graduate of St. Xavier High School in States get the Security Council to au- We cannot sit idly by while this tragedy Cincinnati and then a 2002 graduate of thorize deployment of troops. continues to unfold. my alma marter, Miami University, In their letter they wrote: I yield the floor. Michael chose to postpone his upcom- Obviously there are risks involved. But we The PRESIDING OFFICER (Mr. BEN- ing graduate studies in math education cannot sit by idly while this tragedy con- NETT). The Senator from Ohio. in order to serve in the U.S. Marine tinue to unfold. Mr. DEWINE. Mr. President, I con- Corps. Sadly, they received no reply to their gratulate my colleague from Illinois Michael was known as having a soft letter. The killings continued. At the for his very eloquent statement. He, spot in his heart for children, and even- end of the day, over 800,000 people died along with Senator BROWNBACK and tually, he wanted to become a math in Rwanda as victims of the genocide. others, has been very much involved in teacher. To make the most of his time Last year, about this time, Senator this issue. We say ‘‘issue,’’ but it is a before graduate school, Michael was a BROWNBACK and I went to Kilgali. Peo- lot more than an issue. It is something substitute teacher at Talawanda Mid- ple there don’t talk about the Rwandan that is truly one of the great tragedies dle School in Oxford, OH. Principal genocide of 12 years ago unless it is of our era. I salute him for his passion. Sharon Lytle remembers that he was brought up. As I looked down at a I salute him for his intellect and his an excellent teacher, who was well Catholic Church down the hill from the drive and his determination to do liked by his students and who exhibited Hotel Rwanda made famous by the something about it. We have made a special willingness to help those re- movie, I thought it was just a simple some progress and have a special envoy quiring special instruction. She said church in an African capital. I came to appointed. This was something Senator the following about Michael: learn that over 1,000 people were BIDEN and I worked on, along with oth- He was always willing to take the toughest hacked to death inside that church ers, urged the administration to do. I cases. He was a real team player [and] where they sought asylum during this am delighted that Andrew Natsios is in unfailingly polite and respectful. A lot of massacre and the genocide. that position. He is a man of great tal- college kids come in here just more relaxed. He was just more mature. Later, after it occurred, Paul Simon ent. But we in Congress—and I will be would say: leaving the Congress—and the Amer- Mark Hinkle, Michael’s uncle, said If every member of the House and Senate ican people, we all have to continue to that Michael was a great teacher—a had received just 100 letters from people speak out. We all have to continue to teacher who also always wanted to be a back home saying we have to do something make this a priority. We all have to re- Marine. Michael taught Mark’s 10-year- about Rwanda, when the crisis was first de- member, as my colleague from Illinois old daughter at Talawanda Middle veloping, then I think the response would has so eloquently pointed out, the his- School. His uncle said that Michael have been different. tory of atrocities such as this in the ‘‘just loved the kids.’’ Hundreds of thousands of innocent past and that when good people do not Michael held a graduate lives would have been saved. So many speak up and do not, more impor- assistantship through iDiscovery, an times I have stood on this floor plead- tantly, take action, these tragedies not online program for teachers, until he ing for our Nation to intervene in only occur but they continue. was called for duty in the Marine Corps

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.113 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11302 CONGRESSIONAL RECORD — SENATE December 6, 2006 Reserve. Sara Hayes, coordinator of Tom Fennell, president of the Acacia football field. He was a summer school this teaching program, said that ‘‘Mi- fraternity, said this about Michael: teacher’s aide at Marion-Franklin and chael was a bright, funny, caring per- Spending time with Mike in formal and so- an aide for the Sunday school at Sts. sonality, and he would have made an cial situations immediately led us to under- Simon and Jude Catholic Church of excellent math teacher.’’ Hayes’ senti- stand his love for his friends, family, fiance´, West Jefferson. He was an avid out- ments are frequently echoed by friends and country. . . . The best word to describe doorsman, and he was also very active and family alike. Michael was ‘committed.’ He was committed in West Jefferson Youth Athletic Asso- Michael was always a wonderful to his fiance´, and he was committed to the Marines. ciation. friend, and he made an impact upon ev- Shortly after graduating from Mar- Pride is another recurring word used eryone whom he met. St. Xavier ion-Franklin High, Robert moved in to describe Michael. Chris Rhoton, as- marching band member Kyle Metzroth with his Aunt Angie and Uncle Joe, and sistant principal at Talawanda Middle recalls a particularly humorous mo- his cousins Jordan, Riley, Landon, and School, said that pride ‘‘was how he ment with Michael: Ryan. ‘‘He was a good kid,’’ Angie said. felt about being called up. Michael was I only knew Mike for a year. I was a fresh- ‘‘We thought of him as a son. He was patriotic, mature, and respectful. He man in the marching band the year he was a just like one of the kids. He was such senior. I can remember him for always hav- was a great role model. Students and ing a smile, and I remember a lot of laughs. a beautiful soul and spirit.’’ anyone who met him just respected Robert loved playing baseball, bas- But, the one solid, concrete memory I have him immediately. He enhanced the of Mike was a trip up to Cleveland for the St. ketball, and football with his younger lives of several kids here.’’ cousins, as well as watching The Ohio Ignatius football game that fall. Mike was a The Reverend John Ferone perhaps sousaphone player in the band, and if I re- State University Buckeyes football summed it up best when he said, ‘‘Mi- member correctly, he had forgotten it on games. His Uncle Joe fondly remem- chael was a lover, a reconciler . . . a this trip, or it was broken, or something of bers the eagerness with which Robert that nature. The important fact was that he person who was able to give everything would help out at youth football was unable to march with it. away so that this world would be a bet- games. ‘‘He would run chains, do the The band director was going to allow him ter place.’’ to march anyway without an instrument. Michael’s parents included a tribute scoreboard, carry water, anything to But I guess to some true bandsmen, march- help out the Peewee team,’’ Joe said. ing without an instrument, just doesn’t cut to their son as part of the program distributed to attendees of his memorial ‘‘He was so enthusiastic, you would it. There was one extra instrument lying have thought he was coaching pro around among the band. The difficulty with service. This is what they wrote: this instrument was the fact that it had We will celebrate Michael’s life for the ball!’’ strings—[it was] a banjo. One of the other good that he brought to this world. With his Mr. President, Robert also loved ani- bandsmen must have brought it with him as buddies and fellow Marines, he was trying to mals and had a wicked sweet tooth. something to do on the bus ride. Little did bring a better life to a people who have suf- ‘‘He was a junk-food junkie,’’ his Aunt we know that we were about to witness St. fered for too long. Angie said. ‘‘He’d eat 15 candy bars and Xavier High School’s very first marching My wife Fran and I continue to keep three bags of chips in one sitting and banjo! To this day, people I know in the band never offer a bite.’’ still talk about it. Michael’s family and friends in our thoughts and prayers. Robert lived with his aunt and uncle At Miami University, Michael con- SPECIALIST ROBERT SWANEY until he enlisted in the Army. He was tinued to play in the marching band— inspired by the example of his older tuba, actually—and was actively in- Mr. President, I rise today to pay tribute to a fellow Ohioan and a brave brother Thomas McClellan, who had volved in the Acacia fraternity, was joined the Air Force. Although family the head manager for the women’s bas- soldier—Army SPC Robert Swaney, of West Jefferson, OH, who died on July members tried to persuade Robert into ketball team, and was a member of Mi- either the Air Force or the Navy, Rob- ami’s Naval ROTC. 30, 2005, from injuries sustained when ert was adamant in his decision to en- Miami University Marching Band Di- his military vehicle struck an impro- rector David Shaffer said this about vised explosive device in Iraq. He was list in the Army. Robert’s lifelong am- Michael: 21 years old. bition, which he had dreamed about since high school, was to become a [He] always gave 100 percent. He loved Robert was an enthusiastic and pas- Miami football and was the team’s loudest sionate young man—someone who ap- nurse, and the Army was where he voice from the stands. With great enthu- proached his life with a whole-hearted could get the skills he needed to siasm, he was always the first in line for the determination and zeal. In the words of achieve that goal. tuba snake and the one to ring the Presi- his Uncle Joe, ‘‘Robert lived and died Robert was a good soldier. According dent’s doorbell during the Band Day parade. giving it his all.’’ to SGT Christopher Mills, Robert had a I know Mike was a very proud Marine and a Robert graduated from Marion- ‘‘determination to become a better sol- true American. We can only be thankful that dier’’ and ‘‘never failed to get the job Mike was with us for 25 years. He was our Franklin High School in 2003, where he friend, our brother, and our defender. was known for his love of football. De- done.’’ Robert’s brother Thomas said It was at Miami University that Mi- spite being one of the smaller players that ‘‘he knew what he was getting chael met his fiance Tara Reynolds. on the team, he fought with a true grit into, but that’s Rob. He had a big Michael’s friends say that one of the to prove himself on the field. His pas- heart. He always wanted to help other happiest moments of Michael’s life was sion, was an inspiration to his coach people.’’ when Tara agreed to be his wife. and his teammates. ‘‘He was our Robert was assigned to the 3rd U.S. Friend Janice Hughes said that ‘‘Mi- ‘Rudy’,’’ said Marion-Franklin head Armored Cavalry Regiment, Thunder chael was always looking for the right football coach, Gary Tucker, referring Squadron, based at Fort Carson, CO. girl. When he met her, they clicked, to the 1993 film about a football player, That October, he married the woman (and) he was really excited to talk small in stature, who struggled against he loved—Alexandria—while on leave. about her.’’ the odds to play college ball. As Coach Alexandria said that Robert ‘‘would al- Michael planned for the perfect pro- Tucker put it, ‘‘Michael always gave ways be the first to let you know that posal. In fact, he puts most people to 150 percent.’’ he was the strongest in our family, and shame when it comes to creative pro- A former teammate, then quarter- he would do anything to take care of posals. After going over the details for back Tony McMichael, said that Rob- us.’’ She also remembers Robert’s weeks with his fraternity brothers as a ert ‘‘lived and breathed football. . . . cheerful, outgoing nature. ‘‘He was al- way to quell his nervousness, Michael He knew how to pump people up.’’ ways trying to find the good in peo- sat with Tara on an outdoor wooden After graduation, Robert would re- ple,’’ she recalled. ‘‘He would always bench with a packet of recent photos. turn to Marion-Franklin to cheer on love to talk. He would always love to Mixed into the pile was a snapshot of the younger players. ‘‘He was so input a smile on [my] face.’’ him holding a sign reading: ‘‘Will You volved, so spirited, so upbeat,’’ Coach While in Iraq, Robert frequently Marry Me?’’ She, of course, said ‘‘yes.’’ Tucker said. ‘‘He felt like he could con- wrote to his family. His last letter A few months after their engage- quer anything.’’ home was sent to his 8-year-old cousin ment, Michael’s Marine reserve unit Robert’s enthusiasm and willingness Riley. He wrote to Riley that keeping was activated and left Oxford for Iraq. to get involved stretched beyond the her safe was all the encouragement he

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.115 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11303 needed. He wrote: ‘‘I can’t promise that He was big enough to bend over and help My wife Fran and I continue to keep I will make it home . . . but I promise somebody else. He was doing what he wanted the family of Taylor Prazynski—his fa- I will return a hero.’’ to be doing. He helped kids, but he also ther and stepmother, John and Carol, Robert Swaney did, indeed, become a wanted to help society. He wanted to make a and his mother Claudia—in our difference in Iraq. hero. He was a young man who always thoughts and our prayers. Friends describe Taylor as a hard- put the well-being of others before his CORPORAL JOSHUA D. JONES working man who loved art, played own. In recognition of his outstanding Mr. President, this evening, I wish to football, and participated in track and service, the Army posthumously pro- pay tribute to Army Cpl Joshua Jones, field. He was well liked and deeply re- moted him to specialist. a soldier from Pomeroy, OH. On August spected by all who knew him. I would like to conclude by quoting 27, 2006, Joshua died in Iraq when his Scott Datillo, the head football coach from a letter that Robert wrote to his humvee came under attack from at Fairfield High School, remembers mother. This is what he wrote: enemy small arms fire. The 24-year-old Taylor’s spirit of cooperation: I want you to know that I’m doing well and soldier was a member of the 3rd Bat- doing what I enjoy the most—serving the When you are a coach and want to develop talion, 67th Armor Regiment, 4th Bri- people of the United States of America. a team, you want kids like him. He bought gade Combat Team, 4th Infantry Divi- My wife Fran and I continue to keep into the team concept. He worked hard and made the most of his abilities. sion based out of Fort Hood, TX. Josh- Robert’s family and friends in our ua leaves his wife Tiffany, his daughter thoughts and in our prayers. Taylor’s tribute pages on the Inter- net continue to be filled in daily by Cami, and their unborn child which LANCE CORPORAL TAYLOR B. PRAZYNSKI Tiffany is expecting this coming Mr. President, I rise today to pay those who knew and loved him. He is so deeply missed. One friend, Elizabeth March. He is also survived by his mom tribute to a fallen marine—LCpl Taylor Sandy, stepfather Arlyn, his father B. Prazynski from Fairfield, OH. Lance Williams, wrote the following message to her dear friend Taylor: Gary, stepmother Cindy, brothers Corporal Prazynski was killed on May Caleb, Peter, and Jacob, and sister Al- Taylor, words will never be able to express 9, 2005, by an indirect fire explosion exandria. while in combat in Iraq. He was only 20 the void that I have felt in my life and heart since you’ve been gone. . . .I have always Joshua completed his basic training years old. at Fort Knox in May 2004 and went to As a young boy growing up in Fair- loved you with all of my heart, and I just hope you knew that when you were here with Iraq in December 2005. Joshua knew his field, Taylor dreamed of being a sol- us. There is not a single day that goes by mission in Iraq. He knew it well. He dier. He was born on Veterans Day at that I don’t think about you and miss you knew that he was fighting so that an Air Force base where his father like crazy. Sometimes, I cannot help but those he loved—his friends, family, and John was serving in the military. John think about things that could have been; so many other Americans—would never but, even on those days, all I can think about remembers that Taylor loved to try on have to. Friends tell us he joined the his dad’s uniform as a boy and was sim- are all the happy memories and the moments of our lives together. Army to protect them. ply destined to join the military. The role of protector was not a new Fellow Marine Cpl Brent T. As a child, his favorite hangout was one for Joshua. He was born on Janu- Willoughby, stationed in Afghanistan, an Army surplus store. Today, a photo ary 2, 1982, and was one of six children. says this of Taylor: of 6-year-old Taylor in a military cam- Growing up, Joshua always looked out ouflage jumpsuit and beret still hangs I had the honor of meeting Taylor . . . in for his younger siblings. His love of Louisville on our way to Parris Island in No- there. family was evident in all his actions. Taylor joined the Marines shortly vember 2003. We were in the same platoon and graduated on January 30, 2004. During His dad beams with pride when talk- after graduating from Fairfield High ing about his son. Joshua’s dad recalls School in 2003. For him, there was sim- our time at Parris Island, I saw the love of life that Ski (that’s what we called him) pos- the passion and bravery Joshua showed ply no question of what it was he want- sessed. As the lay reader for a platoon, Ski when he talked with him nearly 3 years ed to do. As his father recalls, ‘‘Taylor asked me to pray with him on several occa- ago about his decision to join the always said he was where he was sup- sions, and he always let me know within a Army. According to Gary: posed to be and doing what he was sup- few days that his prayers had been answered. Whenever [Joshua] talked about joining posed to be doing.’’ His dedication and devotion to this country the Army, he always said he was going to go Taylor was a compassionate young and to his fellow marines will never be for- fight so that his siblings would never have man who loved kids. While a senior in gotten. Rest assured that God has called him to. home and that when we meet him again, he high school, he volunteered to serve as Joshua is lovingly remembered by all an aide for a classroom of multihandi- will be standing guard somewhere in heaven smiling that timeless smile. Godspeed and who had the privilege of knowing this capped students. Some of the students Semper Fi. brave young man. Those who knew him he worked with contacted Taylor’s Taylor Prazynski was loved and ad- best recall his energy, his optimism, family when they heard news of his mired by all those who knew him. He his warmth. They remember him doing death. will always be remembered. He had a the things he loved—singing, traveling, Gary Staggs, an aide for the school’s racing remote-controlled cars, and multihandicapped class, described Tay- bright future before him. His father said that in the last months of his son’s riding all-terrain vehicles in the hills lor as a budding teacher who inspired and trails of southeastern Ohio. Family students. He remembers Fairfield grad- young life, Taylor had spoken in phone calls from Iraq about wanting to be- friend David Kelly remembers Joshua uate Josh Dixon, who was among the as a young man who knew what he first to line up to pay respects to Tay- come a special education teacher. More than 1,500 people came to Fair- wanted and that was simply to love lor at his funeral, which was held at field High School’s gym to pay final re- and care for the people around him. the Fairfield High School gym. Josh spects to Taylor. It was fitting that the And there is no one whom Joshua used a walker to enter the gym, and stirring tribute to the fallen hero took loved more than his wife Tiffany. This Gary said it was Taylor’s hard work in place at his high school, where the line past September 12, they would have 2003 that helped Josh abandon his of well-wishers waiting to file past celebrated their 3-year wedding anni- wheelchair. According to Gary: Taylor’s coffin stretched over 100 versary. Tiffany is making sure that Taylor took it upon himself to set up Josh yards. Joshua’s character and heroism are not Dixon’s braces and lay down mats for his forgotten. She made a book of pictures practice walks every school day. He basi- His father said: cally carried him. Then one day, Josh walks Taylor loved the idea of ‘‘once a marine al- of their family and Joshua’s time in into the classroom with Taylor by his side ways a marine.’’ Every time I spoke to him, Iraq. Before his death, she also kept a and both of them [were] beaming with pride. I told him I loved him and that he was my Web site with pictures and updates on . . . One person can make such a difference hero. We sent a boy to boot camp, and he his activities in Iraq. To be sure, Tif- in someone’s life, and Taylor did that—and came home a man. fany’s efforts will preserve Joshua’s more. A compassionate young man, Taylor legacy for their children. Taylor was simply the kind of young had a great big heart and a tremendous Joshua’s family saw him for the last man who cared so much for others. As sense of dedication to his family, com- time in June, while he was home on a Gary Staggs put it: munity, and his country. 2-week leave after being in Iraq for half

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.116 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11304 CONGRESSIONAL RECORD — SENATE December 6, 2006 of a year. They made the most of every David was a proud soldier. When he those he served with in the Army. One moment they had together before he joined the Army, he was continuing his of his comrades, SGT Heath A. had to return. Josh loved his family so family’s tradition of military service. Hutchison, left the following message much. His father served in the Navy for 20 in David’s memory on an Internet trib- Joshua was the very best kind of per- years, and his brother Ray also serves ute Web site. This is what he wrote: son—a man who put family and Nation in the Army. As David’s friend, Shan- There would never be enough to say about above all else. He was a great son, hus- non Bare, said: David. I knew him well. He was always the band, and father. He liked nothing He always wanted to follow in his dad’s guy to make me laugh, and now he makes more than to hold his wife and his footsteps. me cry. I will always remember him and all daughter. Shortly after his return to His friends will remember him as a of the crazy things that we did together. I Iraq, Joshua received the wonderful will miss him, and I thank God that I knew fun-loving young man who enjoyed life. him. news that Tiffany was pregnant with The Rev. Robert Pierce, David’s pastor At David’s funeral, BG John C. their second child. of 14 years, agrees that David always Bartley read the following statement He called her every day from Iraq and had a smile for everyone. He said: often sent instant messages to his par- from David’s commanding officer in I’ll always remember him as that grinning Iraq noting David’s unforgettable ents. For Joshua, nothing was more little boy. important than staying in touch with smile: Life wasn’t always easy for David, the people he loved. When I saw him, I thought to myself: My Joshua’s death is a loss to all of however. His father passed away while goodness, this soldier looks so young. But as Meigs County. At his funeral, he was he was in junior high, and his house time went on, I saw him mature from a boy remembered not just for his heroism burned down before he graduated from into a man. Watching him grow amazed me. but for the quality and integrity of his high school. But David always kept a As first gunner, I could see he was nervous, life. As a soldier, he approached every brave smile on his face. He simply but before I knew it, he was standing before me grinning from ear to ear. task with determination and purpose. dealt with hardship with unusual Army BG Bruce Berwick lauded Joshua grace. His friend and Ironton class- David will be remembered with pride for his service when he said the fol- mate, Rebecca Dingus, considers him a by all who knew him. Internet tribute lowing: true example of courage. This is what pages are full of comments from those No one will ever say Corporal Jones did she said: individuals who remember his warmth, nothing. He confronted evil. He drove it He was wonderful, such a strong person. He his bravery, and how he could make back. He made a difference. He died doing had been through so much. He lost his father any day brighter simply by being him- nothing less than saving this world. at a young age. His house burned down our self. He was a great friend to many, One of Joshua’s friends, Tammi Ad- senior year, but he kept going. He had such and his death is a loss for all. As his amson, left the following message for a big heart. grandfather Ray Adams said: him on an Internet tribute Web site. Indeed, this is the strength and spirit I am proud of him. I am real proud. He was She reflected on his devotion to his that helped David and his family a fine boy. I tell you, it is a great loss. country, his kindness, and the deep through their difficulties. David’s Indeed, David Ford was a remarkable love he held for his family. This is friend Shannon remembers how David person—a beloved son, grandson, and what Tammi wrote: always stayed positive: brother. He was also a gracious human Thank you, Josh, for your most honorable He never had a sad look on his face. He al- being. He was bright and he was kind. and unselfish service. I will never forget you, ways kept a smile on his face. He made friends with everybody. He called me a cou- When confronted with challenges in nor will I ever stop loving you. You were like life, he smiled. He didn’t give up. He my brother, and I will miss you each and ple months ago to ask how everyone was every day. You are my hero and a hero to my doing back here. kept going. He persevered. children. Words cannot express the sadness David cared about people and they David Ford will never be forgotten. and the sorrow I feel for [your] family. Any- cared about him. He was deeply loved We celebrate his life—a life devoted to one who knew [you would know that you by his family—his mother Violet, his serving his country and loving and re- were] a wonderful person and husband who fiancee Susie White, his brother Ray, specting his family and friends. adored [your] wife and [your] . . . daughter. My wife Fran and I will continue to May God keep you in His hand, and may you and his sister Kimberly. His mother said that David was a responsible keep David’s family in our thoughts rest now. Your mission is finished. and in our prayers. That was so beautifully said by his young man who loved life and was easy FIRST SERGEANT RICKY L. MCGINNIS friend. to love. He was her ‘‘pride and joy.’’ My wife Fran and I will continue to But she knows that he ‘‘died doing Mr. President, this evening I would keep the friends and family of Cpl what he wanted.’’ That is what his like to honor the memory of Army 1SG Joshua D. Jones in our thoughts and in mom said. Ricky L. McGinnis, who was originally our prayers. David joined the Army in 2003 after from Hamilton, OH. First Sergeant McGinnis was killed in Iraq when a SPECIALIST DAVID H. FORD IV graduating from high school. He Mr. President, this evening I pay planned to study forensic science after roadside bomb detonated near his pa- honor and tribute to Army SPC David his military service was completed. His trol on October 26, 2006. He is survived H. Ford, IV, from Ironton, OH. Spe- cousin, J.P. Harris, said that David was by his wife Kerstin and their four cialist Ford was a member of the 4th interested in forensic science and that daughters: Julia, Laura, Melissa, and Battalion, 64th Armor Regiment, 4th ‘‘[h]e wanted to get into CSI-type of in- Nina. He is also survived by his sisters, Brigade Combat Team, 3rd Infantry, vestigations.’’ J.P. also said: Rhonda Isaacs and Julie Wilson and his stationed at Fort Stewart, GA. On Sep- It makes you proud he was a member of brother Carl Wilkerson. Ricky was 42 tember 26, 2005, he was killed when an your family. He was the type of person who years of age at the time of his death. improvised explosive device detonated did what he was supposed to do. Ricky McGinnis graduated from near his military vehicle while he was Repeatedly, that is what friends and Hamilton High School in 1983 and on patrol in Baghdad. He had turned 20 families said about David—that he was joined the Army soon after at the age years old just 6 days before his death. such a good person, that he cared for of 18. His niece Nichole recalls how im- On September 10, 1985, David was his family, that he did what was right portant the military was to Ricky. She born to Violet Adams Ford and David and that made his family very proud. said: Ford, III, in Norfolk, VA. David’s fam- ‘‘He was proud of being a soldier,’’ his I remembered him always being in an ily then moved to Ironton, OH. In 2003, mother remembers. ‘‘He believed in Army uniform. Ever since I was born, he was David graduated from Ironton High standing up for what he believed in.’’ in the Army. School, where he was a big fan of the One of David’s former teachers, Sue Ricky gave 23 years of dedicated football team. Blagg, remembers that David ‘‘was a service to our country and to the David also liked to bowl. ‘‘He was an quiet student. He always had his work Army, though he was planning to re- excellent person,’’ his Aunt Minnie in on time, and he was never any trou- tire from the military when he re- said. ‘‘[H]e would give the last thing he ble.’’ David’s work ethic, his kindness, turned from his deployment in Iraq. could to anybody.’’ and his optimism were also apparent to Ricky’s sister Rhonda remembers how

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.119 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11305 proud he was to serve our country and Ricky’s final mission was simply tak- Pymatuming Valley School. David was how patriotic he was. Ricky’s commit- ing care of his family. He succeeded. known for always helping his loved ment to the military took him around Joey was able to return home and his ones. A childhood friend, Michael Reed, the world—from Germany to Korea to father recovered from his accident. As said David was the best friend anyone the Middle East. Joey said: could ask for and that whenever any- It was in Germany where he met the God saved my dad and now my uncle is one said something bad about Michael, love of his life, his wife Kerstin. They with God. David would stick up for him. Michael were married over 20 years ago in Without question, Ricky did his job described David as tough, but that deep Weisenbaden, Germany, in 1986. Ricky in protecting his family, but his com- down he was just a big puppy dog. was a loving husband and a devoted, passion and strength were large enough In 2000, David graduated from South proud father of their four girls. He cer- to take care of others as well. He was Ridge Christian Academy where he tainly loved his family uncondition- loyal to and protective of everyone spent his senior year. David joined the ally. with whom he served. LTC Keith Army immediately after graduating Relatives remember that Ricky’s Gogas, Ricky’s squadron commander, high school. According to his aunt, daughters meant everything to him. He remembers the dedication with which Kathy Hicks, he wanted people to be loved coaching them in softball, bas- he served. This is what he said: proud of him and wanted to model him- ketball, and soccer. One family friend Ricky was doing exactly what he loved self after others who had gone into the wrote the following to Ricky on an doing: leading his soldiers. He loved being a military. David’s grandfather Howard Internet tribute Web site: first sergeant because he loved his troops. He Gordon said that David was going to Coach Mac, we can’t believe you are gone. loved training them. He loved watching them make the Army a career, and he really God must have needed a great coach and mature, and he loved turning them into cav- believed he was making a difference. leader in Heaven to have taken you so very alrymen. A person with a great zest for life, soon. Indeed, Ricky was a leader in the tru- David enjoyed so many different In his 23 years of service, Ricky em- est sense of the word. With his words things. He liked hunting, fishing, foot- bodied the best of everything the Army and his deeds he trained a new genera- ball, and wrestling, and he was a fan of stands for: loyalty, courage, and self- tion of leaders. And he truly believed NASCAR. His sister Jean remembers lessness. His passion and commitment in what he was doing. As his niece that he was an outgoing person. She to the Army was seen by all who were Nichole said: says: privileged to serve with him. Ricky in- Ricky was very patriotic. He said he was He liked to horse around. He liked to spired so many others to follow his ex- going to go to Iraq just to get the job done. watch movies, play video games, and to be ample and join the Army, including his He was totally about just getting over there on his computer. 19-year-old nephew, PFC Joey Isaacs. and doing his job and worrying about the David’s wife Kimber remembers the To Joey, his uncle was more than a men he supervised. impact he had on those whom he knew, mentor—he was a ‘‘best friend’’ and a Ricky made it his job to look out for and this is what she said: ‘‘second father.’’ Joey’s mother others. This is the type of man he was. David was an extraordinary man, husband, Rhonda—Ricky’s sister—remembers The following words were once said father to our sons, and awesome son and that Joey saw his uncle as a hero. Joey by an American soldier: brother. Anyone who had the privilege of remembers how proud Ricky was when What we have done for ourselves, alone, having him as a friend would say he touched he decided to join the Army. This is dies with us. What we have done for others their life like no other. David is so deeply what Joey says: and the world remains and is immortal. missed and will always be loved and held in our hearts forever. All we ever talked about was going to Iraq. These words could not be more fit- My uncle and I were inseparable. When I told ting in describing the full life of 1SG David’s aunt Kathy wants people to him I joined the Army, he couldn’t have been Ricky McGinnis. Ricky spent 23 years remember that he was a great kid, the more proud. He said it was going to be a long of his life working for others, working kind of boy who always wanted to help year, but we were going to get through it. for our Nation. This lifetime of service out others. This is what she said: Whenever I needed him, he was always there. will remain, and it will be immor- David was so polite, especially to me. He In Iraq, Ricky and Joey served in the would hug me whenever he saw me. Most talized in all those who Ricky trained, kids that age would not do that, but David same unit as part of the First Cavalry led, and inspired. A devoted husband, Division. Every day they would meet was a fun-loving kid who played video father, uncle, and son, he impacted games. He was a good kid all the way to eat lunch together. According to them and changed their lives in count- around. Rhonda, ‘‘Ricky was going to make less ways. He is deeply missed by all His mom said: sure nothing ever happened to Joey.’’ those who knew him and all of those And that is exactly what Ricky did. He was the kind of boy that would make who loved him. your darkest days shine bright. He was not While both Ricky and Joey were in My wife Fran and I continue to keep only my son, but also my best friend. Iraq, Joey’s father was hospitalized Ricky’s family in our thoughts and in A fitting tribute to David was given after an accident. Without hesitation, our prayers. when his body was brought home to Ricky started working to get his neph- ARMY SERGEANT DAVID GORDON Andover, OH. Friends, neighbors, and ew home so that he could be with his Mr. President, this evening I would strangers stood silently as his body family. Rhonda remembers the last like to honor the life of David Gordon was brought through Andover Square, words Ricky spoke to her. He said: from Williamsfield, OH. David was a led by Wayne and Andover fire, police, Hey, Sis, I am doing everything to get member of the 3rd Battalion, 16th Field Joey home. I love you. and emergency crews. Boy Scouts and Artillery Regiment, 4th Infantry Divi- Girl Scouts stood at attention and held That conversation took place on sion based in Fort Hood, TX. On Sep- candles to honor this brave fallen sol- Tuesday. The following Thursday, just tember 8, 2006, he was killed in Bagh- dier. One of the Scouts said: 2 days later, Ricky was killed. dad when an improvised explosive de- Joey also recalls the last conversa- I am here to honor him and to honor my vice detonated near his vehicle. David country. It is so sad, so sad that he is dead, tion he had with his uncle. Ricky had was serving his second tour of duty in but I can feel him in my heart. come to his barracks to make sure that Iraq, and he was scheduled to return Mr. President, the Andover Council his nephew was doing all right, and home in just 2 months. He was 23 years president, Myra Brown, said it was im- doing all right with his dad’s accident. of age at the time of his death. portant for the communities to support This is how Joey remembers that last David Gordon leaves his wife Kimber, each other as they grieved for their final meeting: his stepchildren Miguel and Matthew, hero. Mark Wilbur, president of the An- The last time I saw my uncle, he came to his father Rodney, his mother Judy, his dover Fraternal Order of Eagles, said: my barracks to visit me because I was having a rough time with my dad and his acci- stepfather Bob, and his three sisters David won’t just be honored in Andover, he dent. He came in and told me he was there Theresa, Tiffany, and Jean. will be remembered forever as our hero. He for me—I could talk to him. He told me to be David was born in Westfield, NY. His reminds us that freedom isn’t free. strong, to keep doing my job, and he told me family moved to Pennsylvania and Friend Tim Haidon said the following that he loved me. then to Ohio where he attended about him:

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.120 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11306 CONGRESSIONAL RECORD — SENATE December 6, 2006 We met at the church a few years ago be- Elvis, I come to your grave side often. . . . who could be trusted and who had a fore we went back to Iraq. He was a person You [and Mary] were both always laughing huge impact on everyone he met. In- of faith and we are fortunate to know today and so happy. Nothing can ever take that deed, Elvis was a dedicated and re- he is in heaven. away. You both were always an inspiration spected soldier. David Gordon was a good person, to everyone and continue to be. . . . Every- one is so proud of you, Elvis. . . . Leaving us More importantly, though, he was a someone who was passionate about the devoted family man, who deeply loved security of others, who dedicated him- is like going through a stormy season here on Earth, but then we think of you as the his wife, children, and siblings. Elvis’ self to protecting all of us. rainbow that comes out after the storm and brother, who also serves in the mili- David Gordon was an exceptional the clouds begin to fade. You are our rain- tary, remembers how they would laugh young man. He was simply the type of bow, our hope, and you will always be our and talk over a cup of coffee. person who never gave up. Today, we HERO. They would talk so that they could honor his life and we remember how he Elvis was deeply respected and loved help each other cope through difficult was a devoted son, a caring brother, a by those with whom he served in the times. And, in the military, they loving husband and father. It is Army. They remember him as a man fought side-by-side. They were truly through the good deeds that he did— with whom new recruits could always brothers-in-arms. the service to our Nation that he so sit down and talk—whether it was Elvis’ sister remembers her brother selflessly gave—that his memory will about personal problems or any other as a true hero and a peacemaker. It is never fade. questions that needed to be answered. for these traits that she remembers I would like to conclude my remarks Whatever it was, Elvis was always will- with the heartfelt words of the father and honors him. She wrote the fol- ing to listen. of fallen Army soldier, SGT Gregory L. lowing in honor of Elvis: Elvis is also remembered for his Wahl. He posted this message on a Web I would like to thank everyone for the humor. Those who served with him re- site honoring David. This is what he blessing of my brother and any fallen heroes. call that he was always joking, always Our family sends love and appreciation to had to say: smiling. He was a spirited and humor- those all over the United States. I loved my To the Gordon family from the Wahl famous man—someone who shared great brother dearly and he is a true hero in my ily—you are not alone. Every fallen family book. He was a good person, who loved his and our family are with you. Our heart and laughs with everyone around him. SPC Christopher Beck served with family and siblings. He was a peacemaker, prayers are with you and David. He has not and I love him for that. Your family misses died in vain. He is an American hero, and so Elvis and remembers how much Elvis you, little brother, and you will always be in much more to all who knew him. David has taught him during that time. In his our prayers. We love you and miss you very touched the hearts of many. Be supportive honor, Specialist Beck wears a black much. towards one another in honoring your son, ‘‘killed in action’’ bracelet, on which is Elvis was dearly loved and respected David. written Elvis’ name, rank, hometown, He continues on: by all who knew him. His tribute pages military branch, and date of death. continue to be filled with messages Each of you and all of us who knew him Specialist Beck does this so that he from family and friends. These mes- will reflect on the very fond and precious may never forget the sacrifice that memorable times we shared together with sages serve as living testaments to his David. Shed a smile, laugh, and tears. David Elvis made for our country and for legacy. Elvis had many people who would not want anyone sad or unhappy. those he loved. loved him. On the tribute page, his wife David is with Gregory. They didn’t know one Soldiers who served with Elvis at recognized the outpouring of support. another, yet both are brothers. David, you Fort Hood remember the respect with She wrote the following, 2 years after will never, ever, ever be forgotten as you are which the Staff Sergeant was regarded. Elvis’s death: remembered today and always. ‘‘He was always a great NCO,’’ Joshua It makes me feel good inside to know my My wife Fran and I continue to keep Roughton wrote. ‘‘I respected him husband had touched so many soldiers’ lives. SGT David Gordon’s family and friends greatly, as I know all of us in 1–22 In- He loved his job . . . and would be proud and in our thoughts and in our prayers. fantry, B-Company did. He will be humbled by your words. The children and I STAFF SERGEANT ELVIS BOURDON missed.’’ are strong, faithful people. God knew he was Mr. President, I rise this evening to And another of Elvis’ comrades, Eric a good guy and wanted to be with him, too. pay tribute to a fallen soldier—Army Kneffler, wrote the following in his Continue to keep my husband’s advice going, SSG Elvis Bourdon, originally from memory on an Internet tribute Web and keep his family in your prayers. Thank you. Youngstown, OH. Staff Sergeant Bour- site: don was killed in Baghdad on Sep- Staff Sergeant Bourdon will be dearly When I think of men like Elvis Bour- tember 6, 2004, when his military vehi- missed by his family and Fellow Soldiers. I don, I am reminded of words once spo- cle came under attack by enemy small- had the opportunity to serve with him at ken by Sir Winston Churchill. He said arms fire. He was 36 years old, and was Fort Hood and considered him a good buddy that ‘‘courage is rightly esteemed the and someone to count on. serving with the 1st Battalion, 9th Cav- first of human qualities, because it is alry Regiment, 1st Cavalry Division Aaron DeShay also served with Elvis. the quality that guarantees all oth- based out of Fort Hood, TX. Left to He wrote this on Elvis’s tribute Web ers.’’ cherish his memory are his wife Mary, page: Without question, Elvis served his and their two children Corey and To the family and friends of Elvis Bourdon, country with courage—and that guar- Allyssa, his father Juan, his mother may God bless you and bring you comfort in anteed the rest. He will always be re- this most painful of times. I, like many oth- membered. My wife Fran and I con- Dalila, his brothers Ray and Juan, Jr., ers, served with Elvis in B-Company 1–22 and and his sisters Elizabeth, Jenny, tinue to keep his family and friends in found a good friend in him. I share your pain our thoughts and prayers. Thannia, and Barbara. as he has left his mark in my heart as he has Although Elvis and his family resided with those who got to know him. We had a SPECIALIST RICHARD A. HARDY in Texas, he will always be a proud son lot of laughs together, and I know he will be Mr. President, I rise this evening to of Ohio. His home community of greatly missed as he truly was a great man. pay tribute to Army SPC Richard A. Youngstown mourns the loss of a true Jeremy Cheney was another of Elvis’ Hardy from Bolivar, OH. On October 15, hero. Family, friends, and neighbors comrades who will never forget him. 2005, Specialist Hardy was one of five will never forget Elvis. His death was a This is what he wrote about Elvis: soldiers who died when an improvised loss for his entire community. Every Staff Sergeant Bourdon taught me many explosive device detonated near his day, he is remembered as a wonderful things as a soldier and as a person. He was an military vehicle. He was 24 years old. husband, father, and patriot. excellent team member and was easy to get Rick—as he was called by family and A friend of Elvis’ named Teresa along with, regardless of differences in rank. friends—wasn’t planning to join the Schaub from Killeen, TX, left him a He will be missed. Army when he graduated from Timken message on an Internet tribute Web In these numerous messages left for High School in 2000. However, the ter- site. In it, she reflects upon the love Elvis, I think one thing is beautifully rorist attacks of September 11th moti- shared by Elvis and his wife, and the clear—Elvis was a man who could be vated him to enlist. He wanted to serve pride with which his life is remem- depended upon and was someone that his country. He wanted to protect our bered. This is what she wrote: so many looked up to. He was someone homeland. Rick was assigned to A

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Rick grad- His Aunt ‘‘Debbers’’ posted the fol- logjams, allowing us to confirm Su- uated in 2000. ‘‘He was really proud of lowing message on the tribute Web preme Court Justices Alito and Rob- that,’’ his father recalls. site. This is what she wrote: erts. I worked closely with him on the During Rick’s funeral, BG Tod Ricky! You were supposed to come home pensions bill. Time and again, I saw his Carmony, the deputy commander for alive and well! I guess God had other plans. tireless effort on behalf of the best in- the 38th Infantry Division, remarked You are so loved and missed. I know you terests of this country and in par- upon the courage Rick displayed by en- didn’t want to be forgotten, but this wasn’t ticular always the best interests of the listing in the Army after the 9/11 at- the way we wanted to remember you. May people of Ohio. you at last find peace. You will always be re- tacks. Rick knew it was wartime, and To Senator DEWINE, not to pander membered, especially at the family because of his graciousness in giving he knew the risks that he would be barbeques. running. But, he enlisted anyway. This God bless you for what you have ulti- me the time but for giving me the is what Brigadier General Carmony mately paid the price for—our freedom. Give unique chance to express that, we are said about Rick: Gram a hug and kiss. All our love to you. all very grateful. He understood that we have no choice but Rick’s Aunt Sandra posted this mes- f to win this global war on terrorism if his sage: DELTA AIRLINES family, his community, and his country are To my nephew—you will be missed greatly, to be safe. So Richard put himself on the Mr. ISAKSON. Mr. President, I rise and we love you. We are also very proud of for a moment in morning business to line, and he died trying to keep that promise you and all of your comrades who are fight- of safety to his family and country. ing this war. God bless all of you. address an issue that to some may appear only to affect the State of Georgia Brigadier General Carmony also Rick’s body was laid to rest with full noted that Rick was an expert with a and maybe even in particular the city military honors at St. Stephen’s of Atlanta. But in practice, I say to the carbine and a qualified Bradley gunner. Catholic Cemetery in Bolivar. For his According to the Brigadier General, distinguished Senator from Utah who brave actions, Rick was posthumously is in the chair and others, this is an this ‘‘is quite an accomplishment.’’ awarded a Bronze Star and a Purple Rick’s father remembers that his son issue of major import to the United Heart. During his career with the States of America. was proud of his role in the military Army, he was also the recipient of the and took the dangers of it in stride. He An offer has been tendered for the Army Good Conduct Medal, National purchase of Delta Airlines. Delta Air- said, ‘‘Rick didn’t mind at all. It was a Defense Service Medal, Iraqi Campaign job—that’s the way he looked at it.’’ lines is a great American carrier that, Medal, Global War on Terrorism Serv- like most airlines, has gone through Indeed, the Army was a job that Rick ice Medal, Army Service Ribbon, Com- did exceedingly well. When he died, he terribly difficult times post-9/11. Delta bat Infantryman’s Badge, and the went into bankruptcy. Delta has was on his second tour of duty in Iraq. Weapons Qualification Badge. And according to his father, Rick had worked hard in bankruptcy to develop The world is a better place since Rick a plan to exit bankruptcy as a healthy, been sent back because the Iraq elec- Hardy has been in it. A young man tions were approaching and they thriving, and dominate company. To with courage and a sense of adventure, Delta’s eternal credit, their manage- ‘‘wanted some guys with experience in Rick was the model of what we all hope ment committed from the beginning the country.’’ our children will become. that they would honor and preserve the Well, Rick was a guy with experi- My wife Fran and I will continue to pension plans of their employees were ence—and he used that experience to keep Rick’s father and step-mother, we able in the U.S. Congress to mod- help further the goal of democracy in Richard and Jody, his mother Doris; ernize the pension laws in this country Iraq. In fact, the day Rick died was and his sisters Kristy and Jessica in to allow them to do so. also the day that millions of Iraqis our thoughts and in our prayers. Thanks in no small measures to braved death to vote for their new con- Mr. President, I suggest the absence yourself, Mr. President, and to Senator stitution. of a quorum. HATCH as well and the 97 Members of As Brigadier General Carmony put it, The PRESIDING OFFICER. The this body, the pension modernization ‘‘By being there, Richard gave the Iraqi clerk will call the roll. bill passed. We put in specific provi- people a chance to move a step closer The assistant legislative clerk pro- sions for the aviation industry, and to freedom and democracy.’’ ceeded to call the roll. great airlines and their employees now Rick was scheduled to return home Mr. ISAKSON. Mr. President, I ask will be able to earn their pensions and in December 2005. According to his fa- unanimous consent that the order for not have them dispensed with because ther, he was going to take some time the quorum call be dispensed with. we addressed that crisis, and more im- off to relax and then planned on get- The PRESIDING OFFICER. Without portantly Delta Airlines’ management ting a job as a welder. objection, it is so ordered. has worked to reduce its costs, and its Those who knew best Rick remember f employees have voluntarily taken pay that his favorite pastime was riding cuts. They have modernized their fleet. SENATOR MIKE DEWINE dirt bikes. His father owns about 6 They have repositioned their fleet. acres of land, and Rick simply loved Mr. ISAKSON. Mr. President, I would They have opened international mar- riding all over it. ‘‘He was all over the like to express my sincere appreciation ketplaces that never before were avail- place,’’ his dad recalls. to the Senator from Ohio for allowing able to people in this country. They Rick also loved barbecue—steaks and me to intercede for a few moments. have paid the heavy price that only in ribs. His father said that Rick had to Since he is on the Senate floor and he the great American free-enterprise sys- have a barbecue every time he came has been so gracious as to give me this tem are you able to do where you take home. According to his dad, Rick ‘‘said time—I did not come to the floor and the problems and adversity and turn it beat the MREs—[that] there was will not talk long about Senator them into opportunities. nothing like a home-cooked meal.’’ DEWINE, but since he is on the Senate Now on the doorstep of exiting bank- These barbecues were one of the floor and gave me the time, I wanted to ruptcy and filing that petition, a hos- many things Rick loved. He enjoyed express to him my grateful apprecia- tile takeover has been made to pur- life, and he especially enjoyed the sim- tion for his service to the Senate, not chase that great airline. ple things—like coming home to eat a just the people of Ohio but the people Before I came to the Senate, I was in good meal with his family. of this great country. business. Nobody understands buying Specialist Hardy was a courageous One of the great joys I have had as a and selling companies and opportuni- soldier—a true hero, who always stood Member of the Senate, having been ties better than I, and no one would

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.123 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11308 CONGRESSIONAL RECORD — SENATE December 6, 2006 ever diminish those who seek to take As one Member of this Senate, I will Ryan more confident, mature, and fo- advantage of those opportunities which call on my colleagues to look dili- cused. Ryan was first deployed to Iraq are there. But I rise for just a minute gently at all of these questions as we in February 2004. After returning that to make some points that I hope all of move forward and make sure we honor following September, he would give us in this Senate and the appropriate competition, that we honor the sec- slide shows for anyone interested in committees in this body and the appro- ondary market, that we honor the em- what the experience had been like. And priate agencies of the United States ployees of this great airline and do ev- although Ryan’s second tour was more are very careful to examine before any erything we can to preserve the mod- volatile than his first, he always main- acquisition or merger of U.S. Airlines ern competitive aviation system we tained his positive attitude—always and Delta Airlines were to take place. have today and do not succumb our- told his parents not to worry. ‘‘I can First, in our fragile aviation system selves to the threat of massive consoli- handle anything they can throw at it is critical to understand that com- dation and an absence of competition. me,’’ his father remembers Ryan say- petition is still in the best interests of I yield the floor. ing. ‘‘I’ll have a lot of good stories to the American consumer. If you overlay The PRESIDING OFFICER. The Sen- tell you when I get back.’’ the routes of those two airlines, you ator from Ohio is recognized. Ryan was, indeed, an excellent Ma- will see massive duplications, which f rine. He served with pride, honor, and ends up in many cases that where there dedication. Joseph Rivera, a fellow ma- HONORING OUR ARMED FORCES are two competitors in an airport, it is rine who had served with Ryan, wrote reduced to only one. In the absence of LANCE CORPORAL RYAN E. MILLER the following message to Ryan’s family competition, prices rise and service is Mr. DEWINE. Mr. President, I rise on an Internet tribute Web site: diminished. today to pay tribute to LCpl Ryan E. Second, in the great hub-and-spoke I’m very sorry for your loss. I knew Ryan Miller of Gahanna, OH. Ryan was shortly after he got to the 3–2. I stood a lot airlines and the legacy carriers of this killed on September 3, 2006, by an im- of post with him. He was a good Marine and country, people in secondary markets provised explosive device while con- an even better friend. He was one of the best have had access to the major airports ducting combat operations in the Al guys I’ve ever had the privilege of serving such as O’Hare and Hartsfield and LAX Anbar province of Iraq. When he died, with. He will be missed—but never forgotten. in Los Angeles. But as you merge two he was 2 months into his second tour of Five days before his death, Ryan together, the first place they find sav- duty. He was 21 years old. called his parents Ed and Mary. After ings is in reductions of those flights Long before he was old enough to en- 10 days of being in the field, he told and those capacities from those sec- list in the Marines, Ryan was a coura- them he was eager for a shower and a ondary markets—the Augusta, Geor- geous protector. He was always looking good meal. Assigned to the 3rd Bat- gias; the Columbuses; the Meridian, out for his family and friends—espe- talion, 2nd Marine Regiment, 2nd Ma- Mississippis; the Asheville, North Caro- cially his younger sister Tara. rine Division, 2nd Marine Expedi- linas; and many other cities such as Ryan’s aunt Kathie Masters remem- tionary Force out of Camp Lejeune, those around the country. It is very bers how even when Ryan was just 4 NC, Ryan anticipated heading out important for us to be sure, when we years old, he was always protecting again soon. analyze the viability of such a pro- Tara. One day, she had toddled toward For those who knew Ryan, it is easy posal, that we not diminish the oppor- the end of the driveway. As she got to remember his sparkling blue eyes, tunity for Americans in those cities to close to the road, 4-year-old Ryan his ‘‘trademark smile,’’ and his love of be able to access aviation as they have raced toward her to keep her from athletics—especially baseball, Ohio in the past. State football, and the Minnesota Vi- Equally important is the future of crossing into the street. As Kathie recalls: kings. People also remember his ‘‘quiet aviation in this country. A further con- work ethic’’ and how his military serv- solidation of the airlines we have now Tears were streaming down his face and he ice deepened his maturity, focus, and would lead us to singular service in was screaming, ‘No, Tara! No!’ He ran to shield her from harm’s way. confidence. They also will recall his many cities, an absence of competi- strong Catholic faith and how he tion, an inevitable increase in rates, That story sums up the type of person Ryan Miller was throughout his en- leaned on it during times of trouble. and, unfortunately, less than the At Ryan’s funeral, his aunt Kathie healthiest aviation industry in the tire life—selfless, caring, and always remembered the dedication with which country. concerned first and foremost about he served his country, and the way he As this proposal has now come for- others. ward, it is important for us in this Ryan graduated from DeSales High inspired all he knew with his courage. body to analyze from a competitive School in 2003, and enlisted in the Ma- This is what Kathie said: standpoint, from a competition stand- rines December of that same year. He The one thing I can say about Ryan for point, from a consumer interest stand- told his parents that ‘‘he thought he sure [is that] Ryan didn’t sit out. For as long as he was able, he shielded us from harm’s point, from a marketplace standpoint, would come out of it a stronger, better person with lifelong friendships.’’ As way. He willingly put others before himself. from a secondary market standpoint, He died a hero—protecting us, our children, and from the heavy prices that have Ryan told his father, Ed: ‘‘There’s [and] our grandchildren. nothing negative here, Dad. This is all been paid by the American aviation in- The Reverend Anthony P. Lonzo, good.’’ dustry to reposition itself post-9/11 to speaking of Ryan’s commitment to When Ryan was a child his father make sure we honor those that have service, said this about him: paid the price, are prepared to exit taught him how to shoot a pellet gun in the backyard. Even at an early age, [Ryan] was a man of God, a man of honor, bankruptcy as a viable competitive air- a man of respect. These are the values that line, and not allow a quick, hostile Ed could see that Ryan was a good made him the man he is and [the man he] takeover at the last minute and threat- marksman. Years later—after enlisting was when he joined the Marine Corps and en competition, secondary market in the Marines—Ryan went to the made the ultimate sacrifice of his life. service, lower flight costs, and the School of Infantry at Camp Pendleton, At a service held at a chapel in Iraq, great reward of America for paying the CA, and graduated with the Military SGT Jeff Weaver, who served with price to do the right thing, to exit Occupational Specialty for rifleman. Ryan, said the following: Ryan’s uncle Michael remembers bankruptcy and come back stronger Miller came with one of the greatest atti- than ever before. that his nephew welcomed the chal- tudes possessed by any man. . . . [He] had a I respect this great system. I respect lenge of the Marines. ‘‘He wanted to be quiet demeanor, combined with a powerful greatly Delta Airlines and the price its tested,’’ he recalls. ‘‘He wanted to presence that was a source of inspiration for employees have paid. I respect greatly serve as three past generations of the anyone around him. . . . [Ryan]—you will the management that committed itself Miller family did so proudly. He want- not be forgotten and your memory will be even in bankruptcy to ensuring its em- ed to be the best.’’ carried on by each and every one of us. ployees come first, their pensions Ryan was so proud of serving his Na- Ryan was a young man with a bright would be honored, and they did what- tion in the military, and his father re- future before him. After returning from ever to see to it that was a reality. members that the Marines had made Iraq, he planned to go to college and

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.124 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11309 then work in law enforcement. He was at attention, while saluting at a fort in signed off with a word in Arabic, which looking forward to playing in a softball Virginia. meant goodbye. When the news came in league with his father and spending Even when he received his high late November that Heath had given Christmas 2007 at home. He was mak- school diploma, he walked straight as what Lincoln called ‘‘the last full ing plans to pay down his Nissan an arrow, like the splendid marine he measure of devotion,’’ his family was, Altima—the car that was his pride and would later become. of course, devastated. It would be a joy. Ryan was simply the type of per- Heath’s mother Melissa recalls that brokenhearted Thanksgiving for all son who was always looking forward to ‘‘this is what he always wanted to do. who had the privilege of knowing the future. It was his calling in life. I remember Heath Warner. Through tears, his Ryan’s death has been a loss to his him over and over saying, ‘I’m gonna mother remembered, ‘‘Last year, entire community. There was a special go fight for my country.’’’ [Heath] ate and ate until he got sick. prayer for his family at the DeSales He did just that, and he did it with He loved Thanksgiving and this time of High School chapel. School Principal great honor and dedication. year. He loved to smell the turkey.’’ Dan Garrick said that ‘‘we’re deeply, Heath had many interests. He loved To honor Heath upon his death and in deeply saddened. There’s a very strong exotic foods, martial arts, and zombie continued support of the troops, North- void in his community.’’ movies. A passionate student, he east Ohioans flew their American flags. Principal Garrick continued, his taught himself German and Japanese There has been an outpouring of sup- words summing up the sense of loss felt and was taking Arabic during his tour port for Heath’s family, with family, by the entire Gahanna community. in Iraq. And, like all teenagers, he friends, and even strangers dropping by This is what he said: loved hanging out with family and the Warner household to give them We should all be so blessed at the end of friends. food, flowers, and cards. All wanted to our lives for someone to use the word hero to No matter what he was doing, his remember and honor Heath, who had describe us, and that’s what Ryan was. unique personality came through. As brought so much happiness into this Sometimes our society uses that term too his friend Brad explained: world. loosely. Ryan truly lived the credo of the He didn’t care what anybody thought In his short time on this earth, Heath hero. about him, he just did what he wanted to do. Ryan was a brave and courageous man who Warner left a powerful legacy. He was He had his own way, his own style. will always be remembered for his strength devoted to helping others—a trait best and decency. He was a person of both honor Part of Heath’s personal style was his illustrated by the instructions he left and respect—a devoted son, a protective love for break dancing. All throughout behind on the use of his death benefits. older brother, and a truly outstanding ma- his time at McKinley High School, he He asked his parents to use them to rine. As his father said, ‘‘I couldn’t have performed at community and school pay for his two younger brothers Chan- asked for a better son.’’ events in the Canton area. But another dler and Ashton to go to college. This My wife Fran and I continue to keep essential element of Heath’s character selfless act tells you all you need to LCpl Ryan Miller’s family in our was to give freely of himself. So it is no know about the person Heath was. thoughts and in our prayers. surprise that he took his passion for Heath’s dad summed it up this way: Mr. President, I know the majority break dancing and turned it into a way leader will be on the floor, and I will to help others. In addition to per- I want people to know that Heath believed tell my colleagues that I will give an- in what he was doing. He believed in the forming, Heath taught break dancing fight he was involved in, and he was willing other tribute which should last about 6 to younger kids at the Living Fountain to make the sacrifice. We honor that sac- or 7 minutes, at which time the major- Dance Company in Canton. rifice. He’s our hero. We need men and ity leader will be in the Senate. Kimberly Payne, an instructor at the women like Heath to serve our country so PRIVATE FIRST CLASS HEATH D. WARNER dance company, remembers this about that we can have the privileges we have. I Mr. President, I rise today to pay Heath: am in awe of my son. tribute to a fellow Ohioan who gave his He decided to give a little bit of himself Heath’s life was a precious gift, and life for the cause of freedom—Marine and his heart to other kids. He really be- he made the most of it. PFC Heath D. Warner from Canton. He lieved break dancing would keep kids out of My wife Fran and I continue to keep was killed by a roadside bomb in Al trouble. I’m crushed that such a positive kid Heath’s parents, Scott and Melissa, his has been taken from this world. Anbar province in Iraq on November brothers Chandler and Ashton, and all 22nd of this year. He was just six weeks Prompted by the terrorist attacks of his family and friends in our thoughts shy of his 20th birthday. September 11, Heath joined the Ma- and in our prayers. Heath Warner was a special young rines while still attending McKinley LANCE CORPORAL RYAN THOMAS MCCAUGHN man, whose life was a model of selfless- High. Upon graduation in 2005, Heath ness and courage. And while it is right went through basic training and even- Mr. GREGG. Mr. President, I rise for us to honor him today and everyday tually became a member of the 2nd today to pay tribute to U.S. Marine and to grieve his loss, his childhood Battalion, 3rd Marine Regiment, 3rd Corps LCpl Ryan Thomas McCaughn, of friend Brad Mowery said it best: Marine Division, based in Hawaii. He Manchester, NH, a brave American who has made the ultimate sacrifice in [Heath] doesn’t want people to feel sorry was trained as a gunner on a humvee— for him. He wants people to realize he was one of the most dangerous positions. It service to our country. doing what he wanted to do. He was living was exactly where Heath wanted to Raised in a family that was familiar his dream. How many people get to live their be—and that was on the front lines. with the virtues of military service, dream? Before his deployment in August, Ryan knew from an early age that it Serving in the military was indeed Heath’s family decided to celebrate his was his calling to be a U.S. marine. Heath’s lifelong dream, and it was evi- 20th birthday early. His father, Scott Graduating from Manchester’s Central dent all along. When Heath was 12 said that ‘‘we knew he wouldn’t be here High School in 2005, Ryan gave us a years old, he visited Arlington Na- [in Ohio at the time of his birthday in glimpse of the characteristics that tional Cemetery with his family. On January]. So we decided to have his would later make him a remarkable those hallowed grounds, his family re- 20th birthday [before he deployed to marine. While others may have been members him saluting a member of the Iraq].’’ deterred, Ryan rose to meet the aca- honor guard at the Tomb of the Un- After celebrating with friends and demic challenge by taking three knowns. Even at that young age, Heath family, Heath deployed to Iraq. Early English classes in one semester during understood the value and importance on in his tour, he survived an IED ex- his senior year at Central in order to of service and sacrifice. plosion. Heath wrote in a letter home fulfill his dream of joining the Corps. His family pictures show countless that he knew ‘‘God was watching him.’’ This can-do attitude, as well as his other examples of Heath’s interest in He spent his free time in Iraq reading sense of humor and creativity, will al- serving our Nation: There is a picture ‘‘The Purpose Driven Life’’ and study- ways be remembered by those who of him wearing the Army uniform of ing the Bible. knew him. his grandfather, Randy Metzger, while In his last letter home, Heath told Like Ryan, another man who was in another picture shows Heath standing his family that he loved them all and the service of his country and from

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.126 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11310 CONGRESSIONAL RECORD — SENATE December 6, 2006 New Hampshire, Daniel Webster said, ular Army. He had been in Iraq since parts, I wish to thank him, recognize ‘‘God grants liberty only to those who October, serving with the Apache him, and honor him. love it, and are always ready to guard Troop, 1st Squadron, 7th Cavalry Regi- For over 3 years, he has excelled in and defend it.’’ In this spirit, a week ment. This was his second tour of duty one of the hardest jobs I know of, not after graduating from Central, Ryan in Iraq. Sergeant Mulhair had served in just in the Senate, not just in our leg- left for Marine Corps Recruit Training South Korea as well. islative branch, not just in our Federal at Parris Island, SC. After completing Sergeant Mulhair was a devoted fam- Government but I honestly believe, in his initial training, Ryan went to the ily man. He and his wife Suzie had the entire Nation. School of Infantry at Camp Lejeune, three children: 9-year-old Celina, 8- When I came to the job as majority NC, where he graduated as mortarman. year-old Jeremy, Jr., and 9-month-old leader, I wanted to find the best profes- In February 2006, then Private First Maybel. The family hoped to have an- sional possible in law enforcement, in- Class McCaughn joined 1st Battalion, other child when he returned from formation technology, security, and 6th Marines at Camp Lejeune. Iraq. Thousands of brave Americans continuity planning to lead the Ser- In March 2006, Ryan was promoted to like Sergeant Mulhair are currently geant at Arms operation. I found him Lance Corporal; 6 months later he ar- serving in Iraq. in Bill Pickle, and it was one of the rived in Iraq as part of Operation Iraqi In addition to his wife and children, smartest decisions I made during my Freedom. Tragically, on November 7, Sergeant Mulhair is survived by his tenure as leader. Bill is the consum- 2006, this brave marine was killed dur- parents Jerry and Mildred of mate professional. He is smart, with ing combat operations in Ar Ramadi, Kimballton, IA, brother Robert good instincts, and like my colleagues, Iraq, when an improvised explosive de- Mulhair of Mead, NE, and sisters Dixie I value his counsel and insight. vice detonated while he was conducting Heisner and Tammy Lines of Omaha. Originally, his office existed to keep combat operations against enemy I ask my colleagues to join me and order in the Senate Chamber and com- forces. Throughout his short career, all Americans in honoring SSG Robert pel the attendance of Members for Ryan earned accolades which testify to Mulhair. votes. In this body’s early days, the the dedication and devotion he held for I suggest the absence of a quorum. Sergeant at Arms would circulate the Marine Corps, his fellow marines, The PRESIDING OFFICER. The through the drinking houses of what and his country. Lance Corporal clerk will call the roll. was then known as Washington City, McCaughn’s awards and decorations in- The legislative clerk proceeded to rounding up recalcitrant Members and clude the National Defense Service dragging them—sometimes by the Medal, the Iraqi Campaign Medal, call the roll. coattails—back to the Senate Cham- Global War on Terrorism Service Mr. FRIST. Mr. President, I ask ber. Medal, the Purple Heart Medal, and the unanimous consent that the order for Perhaps today’s members do a slight- Combat Action Ribbon. the quorum call be rescinded. ly better job showing up for votes. To Patriots from the State of New The PRESIDING OFFICER. Without Hampshire have served our Nation with objection, it is so ordered. my knowledge, Bill Pickle has never honor and distinction from Bunker Hill f had to bodily drag any of my col- to Baghdad—and U.S. Marine Corps leagues in for a vote, but that has not TRIBUTE TO CHAPLAIN BARRY made his job easier. LCpl Ryan McCaughn served in that BLACK fine tradition. As he told his mother, Today’s Sergeant at Arms is part se- he knowingly put himself in harm’s Mr. FRIST. Mr. President, as I depart curity specialist, part corporate execu- way so that others did not have to, and this body, I would like to extend a tive, and part management informa- for this, we are eternally grateful. To heartfelt personal thank you to Chap- tion systems administrator, and that is his last day, Lance Corporal McCaughn lain Barry Black. From comforting just part of it. Every day, the Sergeant exemplified the motto of the U.S. Ma- staff and Members in the wake of trag- at Arms’ office must deal with the de- rine Corps, ‘‘Semper Fidelis—Always ic deaths to leading erudite Bible study mands of 100 opinionated, demanding Loyal.’’ groups, to opening the Senate each men and women, thousands of Amer- My heartfelt sympathy, condolences morning with prayer, Chaplain Barry ican citizens, officials from every part and prayers go out to Ryan’s parents, Black has shown himself the epitome of our own Government, and people his brothers, and his family and friends of a great minister. He is a man of keen from around the world. who have suffered this grievous hurt. intellect, enormous oratorical skill, The duties that fall under his office The death of Ryan, only 19 years old, and great faith. range from running our recording stu- on a battlefield far from New Hamp- Personally, I have always been taken dio to serving on the board that over- shire is a true loss for our State, our by his voice as he offers our opening sees the U.S. Capitol Police, but one Nation and the world. Although he will prayers each morning we are in ses- thing unites them all their ability to be sorely missed by all, his family and sion. He has a voice that makes every- connect this body to the people of this friends may sense some comfort in one perk up, listen, and remain atten- Nation. knowing that because of his devotion, tive. Through his leadership, his courage, sense of duty, and selfless dedication, I have seen Chaplain Black become a and his vision, against immense chal- the safety and liberty of each and friend, an ally, and a helper to staff lenges, Bill Pickle has kept this build- every American is more secure. May and Members from all points on the po- ing and this body open and accessible God bless LCpl Ryan Thomas litical spectrum. He has kept his door to the people we serve. McCaughn. open to people of all faiths and, as a During the whole of Bill Pickle’s SERGEANT JEREMY MULHAIR Seventh Day Adventist minister him- time in office, our Nation has been at Mr. HAGEL. Mr. President, I rise to self, has helped many Christian Sen- war against Islamic fascists, enemies express my sympathy over the loss of ators and staff—including me—enter who wish to strike at the principles of U.S. Army SSG Jeremy Mulhair of Ne- into a closer and more meaningful rela- openness and democratic governance braska. Sergeant Mulhair died when an tionship with Jesus Christ. that this body represents. And he has explosion hit his vehicle near Taji, I am delighted that he will be con- kept us safe. Not a single serious as- Iraq. tinuing his service and I am pleased sault has occurred on this body during Sergeant Mulhair grew up in the that I could have the honor of appoint- his time in office. The Capitol is safer rural areas northwest of Omaha. He ating him. Barry Black, thank you. than it has ever been. For that alone, tended Omaha Central High School. f we all owe him a debt of gratitude. Sergeant Mulhair enlisted with the Every time his office has faced a TRIBUTE TO BILL PICKLE Army National Guard in 1995. He joined challenge. Bill Pickle has risen to the the Guard for both his deep sense of pa- Mr. FRIST. Mr. President, Since 2003, occasion. Time after time, he has tack- triotism and a strong respect for his fa- Bill Pickle has served this body with led difficult tasks with aplomb. He pre- ther Jerry, who served in Vietnam. enormous distinction. As the Senate’s side over a necessary expansion of the Sergeant Mulhair turned his Na- Sergeant at Arms, he has helped us and Capitol Police, appointed the Senate’s tional Guard duty into a job in the reg- he has protected us. Now, as he de- first chief information officer, helped

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.012 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11311 oversee expansion of our computer net- Mountains. As one of the most visited Located across the street from the works needed to deal with the ever- theme parks in the country, Dollywood Peoria County Courthouse and kitty- growing stream of e-mail sent to our now serves as an economic anchor for corner from the world headquarters of offices, and, of course, the demands to east Tennessee. Today, a statue of her the Caterpillar Incorporated, George’s keep the Senate accessible amidst sits Sevierville’s town square. She has shoe shine parlor brings together peo- ever-changing security requirements. also given back: Her Imagination Li- ple from all walks of life. In short, he has realized the goals he brary charitable program has shared Among his customers are the judges, set out for himself on his first day of her love of reading with millions of lawyers, police, politicians and other work: Providing State-of-the art tech- children around the United States. courthouse regulars; business leaders; nology and world class security. Dolly Parton stands as one of the celebrities; and other folks who appre- He has won the respect and admira- most influential living Tennesseans. ciate the importance of caring for tion of people throughout the Senate, We all owe her a debt of gratitude. leather and looking your best. members of both parties. I must close in expressing my strong They come in, sit down in one of Bill has taken continuity planning agreement with sentiments about her George’s nine shoe shine chairs with and security to a new level for us in own musical genre: ‘‘If you talk bad their shoes scuffed and dirty and five the Senate, and I know his successor, about country music, it’s like saying or six minutes later, they stand up our former police chief, Terry Gainer, bad things about my momma. Them’s with their shoes polished to a mirror will follow Bill’s lead on these critical fightin’ words.’’ finish, looking like new money. It’s issues. Dolly Parton: I thank you. America like the old 1950 song by Harry Stone As a person with a long and distin- thanks you. and Jack Stapp, Chattanooga Shoe guished career in law enforcement, I f Shine Boy: trust that Mr. Pickle will not mind if I He makes the oldest kinda’ leather look like paraphrase the great American police TRIBUTE TO GEORGE MANIAS new chief, August Vollmer. In his service to Mr. DURBIN. Mr. President, tomor- You feel as though you want to dance when the Senate, I believe, Bill Pickle has row is an historic day in Peoria, IL. It he gets through. shown ‘‘the wisdom of Solomon, the was exactly 60 years ago tomorrow—on And it only costs $3 a shine—the courage of David, the leadership of December 6, 1946—that George Manias same price George has been charging Moses, the strategic thinking of Alex- opened his shoeshine business with one for over 15 years. ander the Great, and the diplomacy of shoeshine chair in the corner of a George Manias is a master of an al- Lincoln.’’ downtown barber shop. most lost art. He is a shoeshine profes- Bill Pickle: I thank you, the Senate George has been shining shoes in Pe- sional. He wears a white dress shirt and thanks you, and the Nation thanks oria ever since—for working folks, a bow tie every day. you. movie stars, famous athletes, and at A lot of shoeshine men nowadays f least two presidents. apply the polish with a cloth. Not This evening, the Peoria City Council George. He’s old school. He massages TRIBUTE TO DOLLY PARTON will honor George Manias with a spe- the polish into your shoes with his bare Mr. FRIST. Mr. President, a few days cial resolution in his honor. I ask hands. He explains: The polish gets ago, an extraordinary Tennessean, unanimous consent that the text of into the leather better that way. Then Dolly Parton, received one of the 2006 that resolution be printed in the he buffs and shines and the next thing Kennedy Center Honors. As a singer, a RECORD. you know, your shoes look better than songwriter, an actress, a television pro- There being no objection, the mate- when you bought them. ducer, and an entrepreneur, she has rial was ordered to be printed in the Let me tell George’s story. It is a emerged as one of the preeminent cul- RECORD, as follows: great American story. George Manias tural figures of our era. Her life story, Office of the Mayor—Proclamation was born in Peoria 75 years ago, the her talent, and her rise to success can 60TH ANNIVERSARY, GEORGE’S SHOESHINE PAR- son of proud Greek immigrants, and he serve as an inspiration for all Ameri- LOR, ‘‘WORLD HEADQUARTERS’’, PEORIA, IL- speaks with the accent of his parents’ cans. LINOIS homeland. That’s because, when he was Dolly Parton, in fact, could turn out Whereas, George Manias opened his shoe- 3 or 4 years old, his parents took the to be the last prominent American ac- shine business in 1946, and he has been in the family back to Crete, to see George’s tually born in a log cabin. She was heart of Downtown for 60 years and is recog- grandfather, who was very ill. born at home on January 19, 1946. nized by the City of Peoria for his genuine While the family was in Crete, the Growing up, by her own description, concern for people, his traditional work Nazis invaded and George’s father was ‘‘dirt poor,’’ in east Tennessee’s town ethic, and his ability to continue to operate taken prisoner. of Sevierville, her family of 14 lived in a successful small business in a changing en- In 1945, when the war ended, the Ma- a hand-built log house. She discovered vironment; and Whereas, George Manias has been locally nias family was finally able to return her gift for singing in church, gave and nationally recognized for many years to Peoria. They were practically penni- public performances before she turned and has been featured in the U.S.A. Today less. Everyone had to work to support 10, recorded her first tracks at age 12, newspaper and on the Today Show on NBC; the family. George had to learn to and appeared at the Grand Ole Opry at and speak English. 13. Well-known country artists re- Whereas, George Manias has an open door At 14, he started shining shoes at the corded her original compositions before to everyone from all walks of life and has old Paris Shoe Shine Parlor on Main she turned 20. Her own recordings hit served the citizens of Peoria, as well as local Street, next to the Palace Theater. He the country charts for the first time and national celebrities and elected officials, charged 20 cents a shine. including President Ronald Reagan and Sen- with the song ‘‘Dumb Blonde’’ in 1966. ator Everett Dirksen; Within a year, he had saved enough Today, she has recorded more No. 1 Now Therefore, I, Jim Ardis, Mayor of the money to buy his own chair. He became Billboard hits than any other female City of Peoria, Illinois, do hereby congratu- an entrepreneur, working out of Ed and artist ever and received 25 gold, plat- late Roy Gibbs’ Barber Shop. inum, and multiplatinum honors. She George Manias in Peoria, Illinois, on the In 1956, he opened his own 12–seat has been awarded a star on the Holly- occasion of the 60th Anniversary of George’s shoe shine parlor in the Old Niagara wood Walk of Fame, seven Grammy Shoeshine Parlor. Building. Awards, and two Oscar nominations. Dated this 5th day of December 2006 A.D. Over the years, George has had four Her unique personal style and her sense Mayor different shops. The last three were all of humor have influenced Americans Mr. DURBIN. The resolution notes torn down to make way for bigger, tall- across the country. that George’s shoeshine parlor has er buildings. He moved to his current Since 1986, her theme park, been in the heart of downtown Peoria location almost 20 years ago. Dollywood, has generated thousands of for 60 years. Some would say that Today, a professional shoeshine jobs and hundreds of millions of dollars George’s just flat is the heart of down- might seem like a minor indulgence. of investment in the Great Smokey town Peoria. But back when George started, a man

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.049 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11312 CONGRESSIONAL RECORD — SENATE December 6, 2006 didn’t feel properly dressed without a CIA director George Tenet, a Greek- We have known that alcohol has been hat and a shoe shine. American, who was in Peoria to give a reported to be involved in 36 percent of It was a time, as Arthur Miller’s leg- speech. The two Georges chatted in homicides, 12 percent of male suicides, endary Willie Loman said in Death of a Greek. There are photos of movie stars and 8 percent of female suicides involv- Salesman, when we were all salesmen, and singers. And judges—lots of judges. ing people under 21. And we have getting along with a shoe shine and a But you don’t have to be famous to known that underage drinking ac- smile. For many men, the shine was a feel welcome. George makes everyone counts for 6.5 times more deaths among weekly ritual. in Peoria feel special. It doesn’t matter young people than illicit drug use. Back in the day, you could walk into if you’re a well-known politician or if How did we get here? How did our Na- George’s and all nine chairs would be the $3 you spend on that shoe shine is tion reach this point—a point where occupied with customers—wingtips, the only $3 you have, George makes today, 12 percent of eighth graders—12 next to oxfords, next to loafers—and you feel special. and 13-year-olds—binge drink? These George would be polishing all nine pair Another reason people go to George’s statistics are frightening. Too many at once. It was like an assembly line, is because he listens to everything, and American kids are drinking regularly, but there was nothing automated he knows everything that’s going on in and they are drinking in quantities about it. the local Republican and Democratic that can be of great harm to them. At one point, he had four men work- parties, and in the Peoria business As a nation, we clearly haven’t done ing for him and he still worked 14- and community. enough to address this problem. We 16-hour days, seven days a week. Says Judge McCuskey: It’s like that haven’t done enough to acknowledge He didn’t take a vacation for 29 Merrill Lynch commercial. When how prevalent and widespread teenage years, until 1975, when he went back to George speaks, you want to listen. And drinking is in this country. Greece for two weeks with his mother, sometimes when you speak, George We haven’t done enough to admit that it is a real problem with very real brother and sister. After that, he didn’t looks up at you with the slightest and very devastating consequences. We take another vacation for 25 years. smile, and you never know if he’s smil- haven’t done enough to help teach He’s been to Greece twice in the last ing because he knows something you America’s children about the dangers three years to visit relatives. He says don’t know—or because you’ve just of underage drinking. We talk about he might take a vacation again some- given him another piece of a puzzle he drugs and the dangers of drug use, as day—but only with family. didn’t have. He’s the keeper of the se- we should, but the reality is that we, as Work and family. Those are the crets. a society, have become complacent things that matter to George Manias: On Judge McCuskey’s desk in the fed- about the problem of underage drink- His sister Angie owns a small candy- eral courthouse in Urbana sits a small ing. This has to change. The culture and-nuts shop in Peoria, and his broth- scale of justice, a symbol that traces has to change. er Manny is a private detective who its origins to ancient Greece. It’s a In reaction to these problems, I used to be the deputy sheriff in Peoria treasured gift that George Manias worked with my friend and colleague County. brought back from a trip to Greece. from Connecticut, Senator DODD, to In 1996, his widowed mother suffered Across Peoria and far beyond, count- write a bill that will provide some of a serious stroke that left her para- less other people have been blessed the tools our communities need to lyzed. The siblings cared for her at with gifts from George, not the least of combat underage drinking. home for the last 4 years of her life. which is a perfect shine and the dignity The Sober Truth on Preventing, Customers come to George’s for more of being treated with respect no matter STOP, Underage Drinking Act would than just the spit-polish shines. They who you are. be an important step toward reducing come to chat and to learn what’s hap- George Manias is a quintessential underage drinking on our college cam- pening in town. American in a quintessentially Amer- puses and in our schools and commu- Mike McCuskey, a federal judge, has ican city, and I am proud to join the nities. This bill will provide authoriza- been a loyal customer for years. He city of Peoria in honoring him on his 60 tion for funding to encourage parental calls George’s shoe shine parlor pure years as a successful entrepreneur. awareness of the problem, such as the Americana and vintage Peoria. f ongoing Ad Council campaign on un- You never know who you’ll see there. derage drinking. It will also provide One day, McCusky said, he looked over PREVENTING UNDERAGE DRINKING ACT authorization for grants on college at the man in the chair next to him campuses and in surrounding commu- and blurted out, You’re Gayle Sayers, Mr. DEWINE. Mr. President, just over nities to change the culture of drinking aren’t you? That was when the Hall of 3 years ago, on September 30, 2003, I that so permeates our institutions of Famer was still playing for the Chicago held a hearing as chairman of the Sub- higher education. It will also provide Bears. stance Abuse and Mental Health Serv- grants to our communities to specifi- Over the years, George’s Shoe Shine ices Subcommittee on the problem of cally target underage drinking reduc- and Hattery—its official name—has underage drinking. Senator DODD, who tion, as well as authorize additional re- grown from a small business to a leg- later joined me in crafting a bill to search that is so important to helping end. It has been featured in local news- help combat the problem, joined me at us to further understand this problem papers, radio and TV; in the Wash- that hearing. We were there to discuss and prevent the negative consequences ington Times and the Associated Press; this serious problem affecting the associated with it. on the Today Show; and on the front health and well-being of our Nation’s I want to thank Senator DODD for his page of USA Today—twice. young people—a problem that has been hard work on this bill. He has been a The walls are covered with news clip- ignored for too long—a problem that great champion for the prevention of pings and photographs of famous peo- kills thousand of America’s teenagers. underage drinking. He is a tireless ple who have dropped in for a shine: We all know that underage drinking fighter for America’s children and President Gerald Ford, during the 1976 is a significant issue for youth in this youth. He cares about kids. He cares presidential campaign; President Ron- country. We have known that for a about their well-being. I am privileged ald Reagan in 1982; Everett Dirksen, very long time. We have known that to have had the opportunity to work the Minority Leader of the U.S. Senate underage drinking often contributes to with him on many pieces of legislation when LBJ was President; Former the 4 leading causes of deaths among 15 to help protect children and promote House Minority Leader Bob Michel; to 20-year-olds—that 69 percent of their health and welfare. I know that Congressman RAY LAHOOD; Former Illi- youths who died in alcohol-related combating teenage drinking has been nois governors Bob Edgar and Richard traffic fatalities in the year 2000 in- and continues to be very important to Ogilvie; Peoria Mayor Jim Ardis and a volved young drinking drivers—that in him, and I thank him for his interest in string of his predecessors; BARACK 1999, nearly 40 percent of people under this area. I also thank Chairman ENZI OBAMA. Even my photograph is there. age 21 who were victims of drownings, and Ranking Member KENNEDY for Democrats and Republicans. In 2004, burns, and falls tested positive for alco- their help in passing this important Congressman LAHOOD brought in then- hol. legislation.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.058 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11313 Kids are beginning to drink earlier challenges he faced—from Vietnam to brave American soldiers there, for our and earlier—at younger and younger the halls of the Pentagon and Senate, coalition partners, and for Iraqi fami- ages—and they are doing so in ways to the deserts of the Middle East, to lies who must struggle just to make it that could negatively affect their bod- Eastern Europe and Africa. Our Nation safely through each day. It is also a ies, their minds, and their futures. I has produced such a courageous, perilous place for the journalists who urge swift passage of this legislation skilled and dynamic officer in Jim attempt to cover the situation on the and look forward to seeing the good Jones. ground. They are at the front of the work that comes from it. Among his most challenging assign- front lines of this conflict, and the dis- f ments was his last where he led the patches from Iraq produced by rep- most aggressive transformation efforts resentatives of a free and independent RETIREMENT OF GENERAL JAMES in NATO’s history—including a com- press are a vital conduit of information L. JONES prehensive headquarters realignment, that helps the American people—and Mr. WARNER. Mr. President, I rise developing NATO’s global military ca- their representatives in government— today to pay special tribute to GEN pabilities, creating the NATO Response to make more informed decisions. James Logan Jones, USMC, who is con- Force, bringing new members into These are print reporters, television cluding his extraordinary career in the NATO’s military structure, and em- correspondents, photo journalists and Marine Corps with his retirement as bracing the concept and practice of the other professionals who help jour- Commander, United States European out-of-area missions for NATO. Under nalists in gathering and transmitting Command and as the Supreme Allied his guidance, NATO now has 30,000 the news. Commander of NATO. troops deployed in locations across the We learned in recent days of the For 5 decades, Jim Jones and his globe and is leading the International deaths of two more news professionals. family have faithfully served our Na- Security Assistance Force in Afghani- Raad Jaafar Hamadi, a journalist with tion in peace and war. From 1965, when stan. the daily Al Sabah, was shot dead in he led a platoon in the jungles of Viet- Unlike his predecessors, Jim Jones his car in the east of Baghdad on No- nam, to 1999, when he became the 32nd would travel to any geographic loca- vember 22. Fadhila Abdelkarim, an ad- Commandant of the United States Ma- tion in his area of responsibility to per- ministrative staff worker of TV station rine Corps and subsequently led the sonally brief traveling Members of Nainawa, was shot outside her home in Corps through 9/11 and the ensuing, Congress—using charts galore. Mosul on November 26. As a steadfast, life-long supporter of turbulent years of the global war on American media professionals have NATO for its unparalleled success in terrorism, to the present day as he en- been among the casualties. They are as achieving peace through steadfast re- sures that NATO—the world’s pre- well known to us as NBC correspondent solve, I was privileged to watch Gen- eminent security alliance—is ready for David Bloom, and those who we will eral Jones provide extraordinary lead- the 21st century, Jim Jones is the em- never know by their bylines or on our ership of NATO’s military forces as bodiment of what a modern American TV screens. Director General Koichiro NATO expanded its membership and military leader should be—warrior, Matsuura of the U.N. Educational, Sci- began to embrace of out-of-area mis- statesman, visionary. entific and Cultural Organization— sions. I share his view that: ‘‘NATO has My long association with General UNESCO—this week noted that the Jones began in 1972 when I was privi- been, and needs to remain, a great Alli- ance: great Alliances do great things. number of media professionals killed in leged to take the oath of office as Sec- Iraq continues to grow unabated, and retary of the Navy at the historic Ma- It is possible, even probable, that NATO’s most important days and most that ‘‘since January more than 35 jour- rine Barracks in our Nation’s Capital. nalists have paid with their lives for Years before, in the winter of 1951 to important missions lie ahead in the future.’’ Thanks in no small measure to their determination to fulfill their mis- 1952, I served in Korea, as a young Ma- sion.’’ rine Corps ground officer with the 1st General Jones’ contributions, I am confident that NATO is and will be always According to Reporters without Bor- Marine Air Wing. That modest service, ders—RSF—137 journalists and media coupled with many years of reserve ready for those challenges. For the years they have shared with assistants have been killed in Iraq duty thereafter, prompted me to select him the burdens and joys of arduous since the start of the war in 2003, while the Marine Barracks when I became public service, it is also important that 51 have been kidnapped. According to the first Secretary in history to be we publicly thank his wife Diane, and RSF, four of the kidnap victims are sworn in on those grounds. Ten years their children, James, Jennifer, Kevin, still being held hostage. later, I learned that one of the Marine and Greg. They, too, have sacrificed Some in the administration have captains who commanded a company of much for their country. How proud chosen over the years to disparage the marines that marched at the ceremony they are, and we are, that their son journalists serving in Iraq—for in- that day was CPT Jim Jones. Years Greg is an active duty captain in the stance, labeling them ‘‘lazy’’ or unwill- later, we were reunited when he was Marine Corps today. In keeping with ing to leave their bureaus or hotels. specially selected to come to the Sen- the finest traditions of the Marine The reality is far different. Day after ate to serve as a Marine Corps liaison Corps throughout its 229-year history, day, journalists in Iraq face, and ac- officer. Our first trip, with Senator General Jones and his family are grate- cept, incredible dangers just to do their John Tower, the chairman of the Sen- ful for their opportunity to serve, and jobs. As news professionals on one of ate Armed Services Committee in the our Nation is equally grateful for their the most challenging and important early 1980s, was to go to Lebanon to in- contributions. news beats on the planet, they deserve spect the tragic site where the U.S. As GEN Jim Jones prepares to ‘‘hang great credit for their courage and their Marine barracks were blown up by sui- up’’ his Marine Corps sword, our Armed commitment, and they deserve our ap- cidal terrorists. Forces, the Congress, and our Nation preciation. Jim’s service in the Corps is a lasting owe him a huge debt of gratitude for f memory for me, and many other Mem- his many years of commitment and A PLAN FOR IDAHO’S ROADLESS bers, to name a few: Senators HAGEL, service to this country. AREAS INOUYE, LEVIN, LUGAR, MCCAIN, ROB- General, sir, in the immortal words ERTS, STEVENS, BURNS, and THOMAS, be- of the Navy-Marine Corps team, may Mr. CRAPO. Mr. President, on No- cause of his professionalism and dedi- you have fair winds and following seas vember 29, 2006, Idaho Governor James cation to the Senate’s constitutional as you embark on your next endeavor. Risch presented Idaho’s petition for obligation ‘‘to raise and support ar- Semper Fidelis. our Roadless Areas to the Roadless mies,’’ and ‘‘to provide and maintain a f Area National Advisory Committee navy.’’ here in Washington, DC. I strongly sup- As the years passed on, I have ob- IRAQ’S TOLL OF SLAIN port this collaborative and comprehen- served with great admiration as Jim JOURNALISTS CONTINUES TO RISE sive petition. Jones applied his talents and abilities Mr. LEAHY. Mr. President, Iraq is a The Idaho Roadless process was of a to the numerous opportunities and dangerous and chaotic place for our thorough and collaborative nature.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.097 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11314 CONGRESSIONAL RECORD — SENATE December 6, 2006 Every effort was made to involve coun- Mr. MCCAIN. The Senator from Okla- leased an in-depth study that revealed ty commissioners, members of the pub- homa is correct. That is the intent of blood diamonds may be entering the lic, and a diverse array of participants. the bill. United States due to poor enforcement Idaho leaders and agency representa- f of the Clean Diamond Trade Act and a tives have done an excellent job of in- failure by the U.S. diamond industry to ENDING THE TRADE IN CONFLICT cluding everyone who wished to pro- abide by its promise to police itself in DIAMONDS vide input. support of the Kimberley Process. In this case, we have had decades of Mr. FEINGOLD. Mr. President, this The 2003 Clean Diamond Act commis- uncertainty. This petition, as set forth week marks the opening of a film that sioned this GAO study to identify areas by Governor Risch, has potential to re- has already gotten a lot of attention, for improvement in domestic and inter- solve these disputed and difficult issues Warner Brothers’ ‘‘Blood Diamond.’’ national implementation of the Kim- in a collaborative manner. Many will flock to theaters to see this berley Process scheme, so it is now The petition is the result of thought- Hollywood blockbuster, but I hope Congress’s responsibility to ensure ful hard work intended to reach con- these audiences will remember more that the responsible government agen- sensus on a very tough issue. Such de- than the celebrities and action se- cies and departments act upon the re- cisions seldom provide any one group quences. port’s recommendations. or individual with everything they had So-called blood diamonds finance The GAO reports that the U.S. does hoped or negotiated to achieve. In this criminal activity that threatens the not inspect rough diamond imports or exports and so must rely on importers case, it appears to be a fair petition lives and environments of civilians, the to confirm the legality of their wares. and sets a path forward that will en- stability of communities and countries, Official statistics show an excess of di- courage all parties, including those and national, regional, and inter- amond exports over imports of 300,000 who are in support and in opposition, national security. Innocent citizens, carats last year that cannot be ac- to resolve their differences and estab- many of them children, are forced to counted for, suggesting that some dia- lish Idaho’s future road management mine the gems in hazardous conditions monds are entering the U.S. through policy. This is a beginning, not an end. while rebel groups reap large profits, informal channels. Clearly, existing I commend Governor Risch and his which are used to pay for weapons that U.S. controls are not strong enough team for their efforts and render my breed brutal violence. In the past decade, the sale of blood diamonds fuelled and are insufficiently enforced. Simi- support in behalf of their earnest and larly, the GAO study finds that imple- diligent effort. civil wars resulting in over 4 million deaths and the displacement of mil- mentation of the Kimberley Process f lions of people in Angola, Sierra Leone, scheme in Africa is severely con- Liberia, the Democratic Republic of strained by the limited capacity and ESTHER MARTINEZ NATIVE AMER- Congo, and now in Ivory Coast. resources of these countries and the ICAN LANGUAGES PRESERVA- In 2003, Congress passed the Clean Di- need to harmonize diamond trade and TION ACT amond Trade Act, which sought to en- certification policies among these and Mr. MCCAIN. Mr. President, I rise in sure that the United States does not other countries in the region. support of H.R. 4766, the Esther Mar- participate in the conflict diamond Both to discourage the mining and tinez Native American Languages Pres- trade by prohibiting the importation of sale of blood diamonds and to promote ervation Act of 2006, which was passed diamonds from countries that fail to legitimate diamond trade, the United by the House of Representatives on implement a clearly articulated sys- States must initiate regular, inde- September 27, 2006, and referred to the tem of controls on rough diamonds. It pendent, and systematic monitoring of diamond imports and exports. The Committee on Indian Affairs. This leg- was designed to implement the multi- American diamond industry must also islation reauthorizes the Native Amer- national Kimberley Process scheme adopt and enforce a credible system to ican Programs Act of 1974 through the launched earlier that year by 70 gov- make sure that companies are year 2012 and provides a grant program ernments and the global diamond in- verifiably adhering to the scheme and to ensure the survival and vitality of dustry, which requires governments to responsibly sourcing diamonds. In addi- Native-American languages through certify that diamond shipments tion to conducting oversight of these such programs as language nests, sur- through their countries are conflict- domestic activities, Congress needs to vival schools, and language restoration free. The scheme’s objectives are to: (1) advocate and appropriate U.S. assist- programs, in addition to programs cur- stem the flow of rough diamonds used rently funded by the ANA grants for ance for regional efforts to strengthen by rebels to finance armed conflict; and implementation of the Kimberley Proc- language preservation. I am asking the (2) protect the legitimate diamond in- ess in Africa. Senate to pass the bill as passed by the dustry, upon which several African The release of the film ‘‘Blood Dia- House of Representatives. However, I countries depend for their economic mond’’ coincides with the holiday shop- understand that Dr. COBURN has a ques- and social development. ping season, and it should remind us all tion about the intent of this bill in re- A 3-year review of Kimberley Process that much work remains to put an end spect to a particular matter and would implementation held earlier this to the illicit diamond trade that con- like to engage in a colloquy for the month in Botswana revealed that while tinues to fuel violence, finance crimi- purpose of clarifying that intent. important progress has been made, se- nals, and exploit innocent people and Mr. COBURN. I rise for the purpose rious loopholes remain and must be their environments. I remain com- of engaging Senator MCCAIN, who is closed to stop diamonds from funding mitted to improving the Kimberley managing H.R. 4766, in a colloquy over conflict in Africa and elsewhere. This Process scheme at home and abroad a certain aspect of the bill. Senator meeting comes on the heels of a U.N. and promoting active leadership by the MCCAIN, as the chairman of the Com- report which found that $23 million in U.S. government and the American dia- mittee on Indian Affairs, to which this conflict diamonds from Ivory Coast are mond industry towards ensuring that bill has been referred, and as the bill’s being sold around the world, and that diamond mining contributes to sus- manager in the Senate, I would like to diamonds continue to cause instability tainable development in Africa, rather know if it is the intent of this legisla- and brutal human rights abuses in the than fueling conflict by financing tion that the Administration for native Democratic Republic of Congo. criminal activity. Americans, in administering the provi- As the largest consumer of diamonds f sions of this bill, require that grants in the world and a strong advocate for for Native language survival schools transparency and human rights, the CONDITIONS IN DARFUR requite parental permission for the stu- U.S. should be setting an example by Mr. KOHL. Mr. President, I am grate- dent to participate in the program and ensuring that its domestic certification ful for the opportunity to join with my also that the students participating in system is effective and by working to colleagues on the vitally important the program demonstrate adequate strengthen the Kimberley Process. topic of Darfur and the entire humani- progress in English proficiency accord- Just 2 months ago, however, the U.S. tarian crisis facing that part of the ing to grade level? Government Accountability Office re- world.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.059 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11315 When we look at a current map of Af- Slowly, the African Union began ex- opments in this part of the world and rica, we are looking, for the most part, ercising limited authority in Darfur. take to heart the charge that these at national boundary lines that were Further attempts by the United Na- things shall not occur ‘‘on our watch.’’ formed by the arbitrary dictates of tions to introduce peacekeeping forces To the extent that I can continue to di- Western European nations during their or a similar presence met with con- rect food aid programs in the coming primacy as colonial power brokers in tinuing resistance from the Khartoum Congress, this part of the world, and all the 19th century. Those lines were, es- Government. Just last week, the Peace the other parts in dire need, will have sentially, simple longitude or latitude and Security Council of the African my full attention, and I will seek the lines that had no relevancy, at all, to Union adopted a proposal concerning a support of fellow Senators when the the social, cultural, or tribal struc- hybrid force for peacekeeping in time comes to make emergency assist- tures that had existed on those lands Darfur. The African Union will extend ance available. for centuries. Suddenly, the simple, its mission for another 6 months begin- f clean-cut decisions of 19th century Eu- ning January 1, 2007, in order to pro- ropeans have become, in the late 20th vide additional time for clarification HONORING HELEN CHENOWETH- and early 21st centuries, far more com- and implementation of how a hybrid HAGE plex than any diplomats in London, force will be composed and deployed. Mr. CRAIG. Mr. President, I rise Paris, Berlin, or even Washington, Progress may be seen in these actions, today to honor a former congressional could have imagined in those relatively but it moves very slowly. colleague and a personal friend, Rep- distant times. To date, since the Darfur crisis began resentative Helen Chenoweth-Hage. Darfur is serious. Clearly, it is not in 2003, an estimated 450,000 people Just weeks ago, our Nation lost a the only place on this planet with un- have been killed and more than 2 mil- true American patriot in a tragic car speakable atrocities and unbelievable lion displaced. In addition, some 220,000 accident in central Nevada. On October conditions. People who once farmed Sudanese have been forced into refugee 2, 2006, Helen Chenoweth was riding in wheat in western Afghanistan are now camps in neighboring Chad, and an ad- her daughter-in-law’s car, cradling her facing desperate consequences due to ditional number are in refugee camps baby grandson in her arms. The car was the confluence of floods and drought. in Kenya. Even though the Bush ad- overturned, and she and her grandson There are countless people—women, ministration has declared that acts of were thrown from it. Helen held her children, and the infirm—in camps like genocide have occurred in Darfur, such grandson so tightly that he came away Dadaab in eastern Kenya who are not declaration has not resulted in any with minor injuries—but she was not so major shift in U.S. policy. A shift only trying to cope with the political lucky. and military chaos streaming out of should occur. We must intensify pres- I take this time to honor Representa- sure on the Khartoum Government re- Somalia but also the natural calamity tive Chenoweth and her contributions garding its policies toward Darfur, and of floods bringing food shortages, wa- to Idaho and this Nation, as some may we must firmly pursue the Addis proto- terborne disease, and other human not be aware of how much she gave of heartbreaks to our attention. We can- cols that were achieved last week. As the current ranking member of herself. not ignore these other tragedies. Helen was born in Topeka, KS, on Darfur is not the only place in need of the Senate Appropriations Sub- committee on Agriculture, Rural De- January 27, 1938. She graduated from assistance. Whitworth College in Spokane, WA, But there remains Darfur. It is velopment, and Related Agencies, and and started her lifelong career of pub- etched in our conscious because of the during the tenure I hope to continue in lic service. She ran her own medical pictures we see on television, the sto- the next Congress, I know that human- and management consulting firm, ries we read in the paper, and more im- itarian food assistance is a very large which led to her job as manager at the portantly, what we know to be true. piece of the solution to the crisis in Northside Medical Center in Orofino, The facts are before us. Darfur. Under the jurisdiction of the The crisis in Darfur is an outgrowth Agriculture Subcommittee is an array ID. In 1975, she was appointed as the of a decades-long struggle within of programs of importance to food inse- first woman to serve as the state exec- Sudan extending back nearly to 1956 curity—what in this country we once utive director of the Idaho Republican when Sudan gained independence from called hunger—such as Public Law 480 Party. Soon after, she became the chief Britain and Egypt, resulting in an esti- and reimbursements to the Bill Emer- of staff and then campaign manager for mated 2 million deaths due to war and son Humanitarian Trust. long-time friend, First District Con- famine in the last two decades alone. In fact, a little more than 1 month gressman Steve Symms. A close friend Millions more have been displaced. In ago, my appropriations staff was sent described the Chenoweth-Symms team February of 2003, the conflict spilled on a mission to Sudan which would as a ‘‘fun and inspiring team to work into Darfur with tragic consequences have brought them to within a few kil- with.’’ when local rebel militias determined to ometers of the border of South Darfur. After establishing herself in Idaho as challenge the Khartoum Government Unfortunately, the El Bashir govern- a trusted leader, she won the Repub- on grounds related to discrimination of ment in Khartoum refused to issue lican nomination to Idaho’s First Con- ethnic groups in the region. The cen- them the appropriate visas, but they gressional District in 1994. A strong ad- tral government’s response was to un- were able to participate with the World vocate for term limits, she pledged to leash a harsh policy against the people Food Program on an air drop of food serve no more than three terms, if of Darfur, including use of armed mili- over Southern Sudan that, at least, elected. Helen Chenoweth won the 1994 tias against civilians. The U.S. Con- gave them a firsthand experience of the November election, beating the Demo- gress and the Bush administration pro- hardships in that country. They also cratic incumbent by nearly 11 percent. nounced these actions in 2004 as geno- met with refugees from Darfur in the She was known as one of the ‘‘true be- cide. U.N. camp at Kakuma in northwestern lievers’’ in the 1995 Republican fresh- In 2005, condition in Darfur only got Kenya, where the original ‘‘Lost Chil- man class and was one of the most con- worse. Attacks by the Khartoum Gov- dren’’ of Sudan found shelter in the servative. She even made conservative ernment-backed jingaweit against ci- early 1990s. While at Kakuma, my staff grammatical choices, insisting on vilian populations continued unabated. was presented with the following writ- being called ‘‘Congressman U.N. Secretary General Kofi Annan an- ten request by Darfur refugees: Chenoweth,’’ instead of Congress- nounced that abduction of national OCTOBER 13, 2006. woman. staff of humanitarian relief NGOs had The current situation in Darfur was not ac- Helen easily won reelection two more ceptable and every day getting worse and we reached alarming proportions. In June Darfurian we have worried and we don’t times and was asked by many to run of 2005, the International Criminal know how our future will be and what are for a fourth term, but having pledged Court formally began an investigation you planning for us. to serve three terms, she was true to into charges of atrocities in Darfur. MUBARAK SULEIMAN, her word and retired in 2000. Idaho And in recent months, reports indicate Darfur Committee. Govenor Jim Risch is quoted as saying, that atrocities in Darfur are peaking I have watched, and I will continue ‘‘When the six years were up, she could again. to watch with keen interest the devel- have easily been reelected, she could

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.060 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11316 CONGRESSIONAL RECORD — SENATE December 6, 2006 have easily carried on, but she said ‘no, work defending constitutional lib- killings, disappearances, and physical I made that promise and I’m going to erties.’’ abuse of suspects and detainees. It stick with that promise.’’’ While I served as chairman of the cites instances of torture, arbitrary ar- I was always impressed by her un- Senate Energy and Natural Resources rests, trafficking of persons, and har- wavering ideological positions, even if Subcommittee on Forests and Public assment of human rights personnel and sometimes they were unpopular. I Land Management, she served as chair- political activists. learned that she was driven by a clear- man of the House Subcommittee on In light of the report’s troubling find- ly defined and articulated philosophy Forests and Forest Health. I enjoyed ings, I respectfully urge my colleagues that allowed her to stand strong in the this opportunity to work together on to review this document and recognize middle of a storm of criticism and per- land management issues such as the the significance of these extremely se- sist in forcing changes for the better- Roadless Initiative. We shared a pas- rious transgressions. ment of Idaho and the Nation. sion to protect our great western lands. f She was a strong advocate for the Much of her work survives in the AUSTRALIAN WHEAT BOARD American people and a true believer in Healthy Forest Restoration Act. the balance of powers. During the Bal- Helen was a strong advocate for Mr. COLEMAN. Mr. President, I kan crisis in the 1990s, she argued for women and families. She supported would like to discuss today the gross the involvement of the legislative funding for women’s health and also for misconduct of the Australian Wheat branch, writing, ‘‘Congress played no family health care. Many women Board in its dealings with Saddam Hus- role in defining those political aims, looked up to her as a woman politician sein under the U.N. Oil for Food Pro- which means that the American peo- who earned every bit of respect she re- gram and to introduce legislation re- ple—in whose name Congress is empow- ceived and held her ground in an envi- garding the potential impact AWB’s ac- ered to act—were not permitted to play ronment predominately of men. She tions may have had U.S. farmers. Last week, a commission in Aus- any role in the decision to commit our was known as a true feminist who tralia led by former Supreme Court Nation to war.’’ She was known for never asked for special treatment be- Justice Terence Cole released a de- quoting the Founders when giving her cause of her gender. tailed report documenting extensive arguments, pulling her colleagues back Even after her retirement from Con- corruption, fraud, and deceit on the to our Nation’s constitutional roots if gress she worked tirelessly with her part of the Australian Wheat Board, they were veering in another direction. husband, Nevada rancher Wayne Hage, commonly called AWB. The report On this same issue she quoted Alex- in the lawsuit Hage vs. U.S. Wayne had showed that AWB paid more than $221 ander Hamilton writing, ‘‘It is the purchased his ranch in 1978 and testi- million in under-the-table kickbacks province and duty of the Executive to fied that over the years Federal agency to the Hussein regime to secure exclu- preserve to the Nation the blessings of interference made it nearly impossible sive, illegal access to the Iraqi wheat peace. The Legislature alone can inter- to run a livestock operation and ulti- market. I applaud Sir Terence Cole and rupt those blessings, by placing the Na- mately resulted in the taking of his his commission for the thorough and tion in a state of War.’’ ranch. Wayne and Helen’s court victory comprehensive manner in which they Helen Chenoweth was a champion for was a triumph for all private property property rights and constitutional gov- have dealt with this issue. owners. As chairman of the Senate Perma- ernment. She fought hard for the Helen Chenoweth-Hage was not only nent Subcommittee on Investigations, rights of property owners and against a great politician; she was also a loving I conducted an investigation for almost the heavy hand of Federal regulation wife and mother and a loyal friend. Her 3 years into abuses of the U.N. Oil-for- and taxation that affected family strong Christian faith inspired many, Food Program. During my investiga- farms, ranches, and businesses. In guided her throughout her life, and tion, I held numerous hearings and Idaho she was known as a ‘‘true envi- served as a base on which she built her issued several detailed reports that ex- ronmentalist’’ who worked to preserve philosophy. Among her many endear- posed significant graft associated with Idaho’s natural beauty while also bal- ing qualities were her unfailing gra- the program. ancing the rights and needs of humans. ciousness, charm, and her warm smile. In particular, my subcommittee ex- Her passion and hard work dem- She will be sorely missed, not only by posed corruption involving public offi- onstrated her belief in the inalienable her children and other family mem- cials from the United Kingdom, Russia, rights of all citizens, and she fought to bers, but by legions of friends, col- France and the United Nations, along keep them protected by the U.S. Con- leagues, and admirers. with corrupt transactions by compa- stitution. Let me end by quoting her daughter nies in the United States, United King- On September 21, 2000, she was award- Meg Keenan, who spoke for many of us dom, and elsewhere around the world. ed the first ‘‘Friend of American Free- when she said: ‘‘Helen was the most However, when my subcommittee dom Award’’ by the National Center amazing, gracious person I ever had the considered investigating the AWB, we For Public Policy Research and the privilege to know. She was fearless in faced insurmountable legal challenges Committee For a Constructive Tomor- life, and I know she welcomes the op- that prevented us from initiating the row. The award honored Congressman portunity to be in the presence of God kind of exhaustive review that this Chenoweth’s ‘‘distinguished record of the Father.’’ case required. Unlike other foreign en- defending the United States against en- f tities that voluntarily cooperated with vironmental treaties, United Nations the subcommittee’s efforts, AWB de- 2005 COUNTRY REPORT ON HUMAN programs and other global policies that clined to cooperate with the sub- RIGHTS PRACTICES IN THE PHIL- pose a threat to the Nation’s sov- committee by providing documents or IPPINES ereignty.’’ Particular appreciation was witnesses. Given that AWB is a foreign given for her work on the American Mr. DAYTON. Mr. President, I rise entity, the subcommittee could not Land Sovereignty Protection Act, today to express my deep distress compel its cooperation through sub- which would require the executive about the human rights violations re- poenas. branch to seek Congressional approval portedly committed in the Philippines. Moreover, the U.N.’s investigators at before designating any U.S. landmark The U.S. Department of State’s 2005 the Independent Inquiry Committee as a world heritage site. The director of Country Report on Human Rights issued a report in October 2004, which the National Center’s Environmental Practices in the Philippines, released suggested that it would examine AWB’s Policy Task Force said of Helen, ‘‘Con- in March 2006, is a very troubling ac- transactions along with the other deals gressman Chenoweth-Hage has been count and, at times, a cynical report executed under the program. Unlike one of the leading champions of U.S. on the current state of Philippine the subcommittee’s efforts, that in- sovereignty and the U.S. Constitution human rights problems. The Report quiry would have complete access to during her 6-year tenure in Congress. cites the Philippine National Police as U.N. files and unfettered access to doc- The ‘Friend of American Freedom the worst abuser of human rights in uments from relevant Iraqi ministries Award’ represents our profound thanks the country, and it describes numerous and would likely have access to the to the Congressman for her valiant violations, including extrajudicial files and banking records of AWB.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.069 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11317 Instead of launching a duplicative in- farmers, and that is what part one of essary to get people out of harm’s way. vestigation with no ability to compel this legislation does. In disasters, the burden of casualties the AWB to cooperate, I encouraged Part two of this legislation is about almost always fall on populations with the Australian Government and the compensation. Under this bill, if it is unequal ability to protect themselves. AWB to cooperate with the IIC and the found that our wheat farmers have suf- These populations are termed special- Cole inquiry whose findings have just fered economic damage, USTR will needs populations, at-risk populations been released. seek appropriate compensation to or at-risk individuals. They are popu- The Cole report has left me with a make our farmers whole. If we cannot lations who possess unique needs or few lingering questions to which I plan come to a negotiated settlement, we limitations and may as a result not be to find some answers. My sub- will impose duties on certain Aus- able to receive, comprehend, or respond committee is continuing its review of tralian goods until we collect a sum to public health messaging during the Cole report to determine whether equivalent to the financial loss brought emergencies in the way that bests sup- U.S. affiliates of the AWB should be on by the AWB. Either way, I want any port their safety and well-being. They held accountable here in the United possibility of financial loss looked at, are populations that may not able to States. and if proven, I want compensation for fully address their own preparedness But the most important question to our farmers. for, response to, and recovery from ask in the wake of the Cole report’s Mr. President, I realize this is the public health emergencies. At-risk in- findings is whether American wheat final week of the 109th Congress and dividuals include the elderly, children, farmers have suffered as a result of the that this legislation probably doesn’t pregnant women, the poor, disabled, in- fraud and abuse on the part of the mo- make the priority list for passage this dividuals with limited English pro- nopolistic AWB. I am introducing leg- week. You can bet I will be back here ficiency, and others. Forty million islation today to address that question, again when we reconvene in January Americans are over 65 years old, a and if we find proof of harm, to make offering this bill in the 110th Congress. number that will reach 71 million by our farmers whole. We owe it to our farmers to further in- 2030. There are over 70 million children I would like to introduce today the vestigate AWB’s actions, and this legis- under age 18. There are approximately Australian Wheat Board Account- lation will make that happen. 7 million pregnant women. Fourteen ability Act of 2006. The purpose of this percent of Americans are limited in ac- legislation is just that: to hold the f tivity due to a chronic health condi- Australian Wheat Board accountable PANDEMIC AND ALL-HAZARDS tion. for their illegal, deceitful, trade-dis- PREPAREDNESS ACT I thank Senators BURR and KENNEDY torting actions. The bill directs the Of- Mr. LIEBERMAN. Mr. President, I for having the vision to address at-risk fice of U.S. Trade Representative to wanted to give my thanks to Senators individuals in S. 3678 but also the willingness to work with Senators COCH- use its authority to investigate and BURR and KENNEDY for working with RAN, OBAMA, KOHL, and LANDRIEU and combat these practices. me and my esteemed colleagues, Sen- me to make the language concerning This legislation is a simple bill with ators COCHRAN, OBAMA, KOHL, and at-risk individuals even stronger. The two distinct elements. First, the bill LANDRIEU, to pass a bill that together Lieberman-Cochran amendment, which directs USTR to investigate whether makes a difference to the health and U.S. wheat farmers have suffered eco- has been incorporated into the final S. well-being of Americans in the event of 3678 managers’ package, publicly des- nomic damage due to the actions of the a public health emergency—natural or Australian Wheat Board. Second, if we ignates a person with a budget, who man-made. We saw in Hurricane would ideally be called the Director Of- find harm, we seek compensation. Katrina that local, State, and Federal I have spoken many times on this fice of At-Risk Individuals, to oversee governments were not adequately pre- floor about the great experiences I the implementation of the national pared for a situation that could have have had meeting with farmers of my preparedness goal concerning at-risk been much worse. Also, much of the State. I just finished traveling to all 87 individuals; assist Federal agencies republic was not prepared and could not counties in Minnesota this year, and I sponsible with planning for, responding get out of harm’s way because of issues will be the first to tell this body that to, and recovering from public health some of the most enriching visits I had of capacity and trust. Regardless of our emergencies in addressing the needs of took place with farmers. Those who preparation then, it is clear that the at-risk individuals; provide guidance to make a living by working the land, Mr. government and the public must be- State and local public health grant re- President. Those who produce the food come better prepared now. We must cipients as to how to incorporate the and fiber of our Nation and have done come up with a disaster preparedness needs of at-risk individuals in emer- so for generations. Those who con- and response system which does a bet- gency preparedness and response strat- tribute so much to the social fabric we ter job of knowing what is happening egies; and develop and disseminate best hold so dear. not in government cubicles but on the principles and practices regarding out- And they don’t ask for much in re- ground, which is able to prioritize the reach to and care of at-risk individuals turn. They didn’t ask me to come to allocation and delivery of finite re- in public health emergencies. the floor today or to introduce this leg- sources, and which utilizes our cumu- Senators COCHRAN, OBAMA, KOHL, and islation. All they ask is that when it lative man and woman-power to work LANDRIEU and I believe that a new di- comes to trade, everyone ought to play together to get anything that needs to rector of At-Risk Individuals will be a by the same rules. They want a level be done, done. great resource to the Assistant Sec- playing field because they know they This is not a perfect bill, but S. 3678, retary in keeping the needs of at-risk can compete with anyone in a fair glob- the Pandemic and All-Hazards Pre- individuals central as the Secretary al market. paredness Act, does improve the ability works to implement the Nation’s dis- The fact is the Australian Wheat of the Federal Government to coordi- aster preparedness goals across the Board hasn’t been playing by the rules. nate response to emergencies and dis- Federal agencies. In the past, the Na- The Cole report has proven that the asters. It centralizes command and tion has not done enough to break AWB unfairly monopolized wheat ex- control of Federal public health and down the artificial silos between the ports to Iraq under the Oil for Food medical emergency response and for agencies charged with the health as- Program. By paying Saddam and his the first time ever, lists the needs of pects of disaster planning and response, henchmen millions in illegal kick- at-risk individuals in emergencies as a which is vital for the public in general backs, they may have distorted the national preparedness goal. but particularly to at-risk individuals wheat market to the detriment of the Considering the needs of at-risk pop- in disasters. At-risk individuals are not honest, hard-working farmers across ulations in public health emergencies monolithic, and their identities change Minnesota and the United States while and disasters is perhaps the most vital depending upon the type, location, and they reaped the benefits of a corrupt way to reduce casualties when treat- character of disasters. Yet they are regime for their own ill-gotten gain. ment options are limited, environ- many, and their existence poses con- I intend to find out if AWB’s criminal mental exposures place the public at sistent challenges which must be ad- actions hurt the bottom lines of our risk and or when evacuation is nec- dressed. These groups include people

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Senators COCHRAN, OBAMA, KOHL, and the needs of at-risk individuals during Finally, Mr. President, I give my LANDRIEU and I also believe that a new public health emergencies is a nec- heartfelt thanks to Stephen for his director of At-Risk Individuals will essary and immense task that must be service. His can-do attitude and tire- also be a great resource to States, overseen. A new Director of At-Risk In- less work ethic were infectious. His which will now have to incorporate the dividuals with a budget of up to $5 mil- willingness to tackle issues which were needs of at-risk individuals into dis- lion as specified in S. 3678 will provide new to him and to embrace the goals aster plans as a condition of receiving the focus, expertise, personnel, and in- I’ve set for my staff on behalf of both Federal disaster preparedness funding. stitutional memory to assure that the the men and women of the Armed The process by which the needs of at- at-risk language in S. 3678 is followed Forces and the citizens of New Mexico risk individuals are incorporated into and that the Government, in planning were truly commendable. I have no State, let alone Federal disaster plans for and responding to emergencies, doubt that as Stephen continues his is not obvious and will require both ac- keeps the needs of all Americans, front military career he will achieve great cumulation and dissemination of ex- and center. things for both the U.S. Air Force and pertise. The committee envisions the I thank Senators BURR and KENNEDY his country, and I wish him the very Office of At-Risk Individuals as an again for writing and passing S. 3678 best of luck in all his future endeavors. ideal repository and resource for infor- and being open to the Lieberman-Coch- f mation in this regard. This informa- ran language. AGRICULTURE APPROPRIATION tion can be gathered from entities al- f 2006 ready doing excellent work in the field. Within HHS, this includes the Adminis- TRIBUTE TO MAJOR STEPHEN G. Mr. MCCAIN. Mr. President, yester- tration on Aging, the Office on Dis- PURDY day the Senate briefly turned to H.R. ability, and Administration on Devel- Mr. DOMENICI. Mr. President, I rise 5384, the Agriculture Appropriations opmental Disabilities. Within DHS, to recognize Major Stephen G. Purdy, Bill for fiscal year 2007. This bill appro- this includes the Office for Civil Rights Jr., of the U.S. Air Force for the out- priates about $98 billion in spending, an and Civil Liberties, the Preparedness standing contributions he rendered this amount that is approximately $4.9 bil- Directorate, and the Interagency Co- year while serving as a legislative fel- lion over the administration’s budget ordinating Council on Emergency Pre- low on my staff. Stephen will soon request, and $4.7 billion more than the paredness and Individuals with Disabil- complete his Capitol Hill fellowship, House-passed bill. Although we were ities. Within the community, this in- and it is my hope that he has benefited unable to complete work on H.R. 5384, cludes organizations like C.A.R.D. in as much from this experience as I have I want to explain my objections to the California and the Kellogg Founda- benefited from having him on my staff. passage of this bill in its current form. I believe that some Federal involve- tion’s Redefining Readiness Projects. In the course of Stephen’s military ment is necessary to assist low-income Within Academia, this includes work career, he has served rotations in the families under the food stamp program, done by the Center for Civilian Bio- Office of the Secretary of Defense for and that we should ensure that our defense Studies in Maryland and the Nuclear Matters and the Office of the farmers stay out of the red, and to this New York Academy of Medicine. Na- Assistant Secretary of the Air Force end, many of the programs under the tionally, this includes the National Or- for Acquisitions, Space and Nuclear Programs. While working at the Space Agriculture Department are worth- ganization on Disability’s Emergency while and I support their funding. I Preparedness, Initiative, the Center for and Missile Systems Center, Stephen was the Atlas V Program chief engi- know that many of my colleagues have Disability and Special Needs Prepared- spoken before the Senate about the ness, and the American Academy of Pe- neer. Additionally, Stephen has served as the Joint Counterair Acquisition economic struggles of America’s farm- diatrics. ers. But as Congress looks ahead to- Finally, Senators COCHRAN, OBAMA, Manager at the Office of the Assistant ward legislating a new farm bill in the KOHL, and LANDRIEU and I believe that Secretary of the Air Force for Acquisi- near future, next year in fact, we once a new Director of At-Risk Individuals tions, Global Power Directorate. Fi- again conform to the practice of di- can be an important source of funding nally, before joining my office Stephen verting taxpayer dollars into an array and support for a community engage- was posted to the Secretary of the Air of special interest pork projects which ment process focused on organizing or- Force Office of Legislative Liaison. have not been authorized or requested dinary citizens to prepare and to re- To my great benefit, Stephen joined my office in a year when the Air Force by the Administration. spond to public health emergencies. Let’s take a look at some of the ear- was searching for a new mission for The public is not a passive entity and marks that are in this bill and accom- Cannon Air Force base in New Mexico. must be viewed as a valuable partner in panying report: disaster planning and response. Com- Cannon was originally targeted for clo- $3.5 million for fruit fly control in munities are better able, for example, sure on the Department of Defense’s, Texas, which was not in the adminis- to identify the location of their special DOD, Base Closure and Realignment, tration’s budget request. needs populations, to communicate BRAC, list. However, the BRAC Com- $400,000 for codling moth research in with them, and to intervene in ways mission ultimately found that the DOD Kerneysville, WVA, which was not in that are consistent with the reality of ‘‘substantially deviated’’ on several the administration’s budget request. people’s lives. In addition, during disas- BRAC selection criteria and required $200,000 for research into the genetic ters, the governmental response is that DOD shall seek a new mission for enhancement of barley in Aberdeen, ID, often delayed, and people must be able Cannon. Stephen’s experience proved which was not in the administration’s to protect themselves why they wait critical in our successful efforts to se- budget request. for help. Last of all, community-de- cure a new mission for Cannon. I have $300,000 for grass research in Burns, rived public health emergency plans no doubt that his tireless work and OR which was not in the administra- must be coordinated with local, State dedication were important to the Air tion’s budget request. and Federal disaster plans and the new Force’s decision to relocate the Air $750,000 to the Denali Commission to Office of At-Risk Individuals can fund Force Special Operation Command’s improve solid waste disposal sites in opportunities to bring all key stake- 16th Special Operations Wing to Can- Alaska, which was not in the adminis- holders together. non, which has ensured that Cannon tration’s budget request. The AARP, the American Red Cross, will continue to play an important role $200,000 for the Utah State Univer- United Cerebral Palsy, and the Amer- in securing our Nation. sity’s Space Dynamics Laboratory to

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.043 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11319 study gaseous emissions from agri- the cattle program, catfish farmers yours.’’ This is the sad state of our ap- culture operations, which was not in were not required to prove they suf- propriations process, when we would the administration’s budget request. fered any losses. All they had to do was rather postpone funding for critical $100,000 to study crop pollination by tell the USDA how much feed they programs for our farmers, soldiers, vet- bees, Logan, UT, which was not in the bought that year. erans, seniors, and nearly everything administration’s budget request. Who is at fault for this egregious until next year if it means our pork $600,000 for the U.S. Dairy Forage Re- waste? The farmer? The Department of isn’t included this round. search Center in Madison, WI, which Agriculture? In reality, both are the Again I want to make it clear that I was not in the administration’s budget victims of bad policy. Unfortunately, support doing all that we can for the request. the biggest victim is the taxpayer, and American farmer. Agriculture produc- $250,000 for shellfish and salmon re- the blame rests with us, the Congress. tion is part of the backbone of our search, Franklin, ME, which was not in Our current farm policy is riddled with great country. However, we do more the administration’s budget request. waste. Yet we compound matters by bad than good by raiding the national $250,000 for the Great Lakes Aqua- furthering the out-of-control ear- treasury, and, in some cases other Ag- culture Center, Coshocton, OH, which marking of pork. riculture programs, to pay for pet was not in the administration’s budget Mr. President, I ask unanimous con- projects that in many cases benefitl1l request. sent to insert into the record copies of certain constituency which is not rep- $158,000 for cranberry research, Mas- The Washington Post articles I cited: resentative of the larger needs of the sachusetts. Farm Program Pays $.13 Billion to farming community. $1.4 million for potato research People Who Don’t Farm (July 2, 2006), f (State not listed). No Drought Required For Federal RETIREMENT OF JOHN TREZISE $453,000 for seafood safety research, Drought Aid (July 18, 2006), and When Massachusetts; Feed Was Cheap, Catfish Farmers Got Mr. BURNS. Mr. President, as the $4.1 million for shrimp aquiculture Help Buying It (July 18, 2006). chairman of the Interior and Related research in AZ, HI, MA, MS, SC, and It is difficult to overlook the $4.5 bil- Agencies Appropriations Sub- TX. lion disaster assistance package that committee, I wish to speak for a few $780,000 for milk safety research at appropriators have attached to this moments about the coming retirement Pennsylvania State University, PA, bill. None of this funding under this ag- of one of the most dedicated public which was not in the administration’s ricultural title is included in the ad- servants I have had the pleasure of knowing. Shortly after the first of the budget request. ministration’s request, and in fact, was year, John Trezise will be leaving the $170,000 for blackbird management in strongly opposed by the administration Department of the Interior after 35 pro- the State of Kansas, which was not in when similar provision were added to the administration’s budget request. ductive years.. the 2006 Emergency Supplemental Ap- Since 1998, John has served as the Di- It is worth noting what we are al- propriations bill. My colleagues may ready doing to support our Nation’s ag- rector of the Interior Department’s Of- recall that the emergency supple- fice of Budget and for the 5 years be- riculture producers. Last year, Federal mental faced a veto threat because of farm subsidies grew to more than $23 fore that as the Chief of the Office’s Di- the billions of dollars in unrequested vision of Budget. In short, John has billion despite near-record farm rev- agriculture handouts appropriators enue which reached $76 billion. While been ‘‘running the numbers’’ at the In- were seeking. Fortunately these agri- terior Department for the past 13 some of these farm programs make culture subsidies were removed in con- good fiscal sense, other have become years. And I can vouch for the fact that ference, and the bill was finally enduring those years, no one has known alarmingly wasteful and counter- acted enabling crucial funding to reach productive. more about the Department’s budget our troops overseas. than John. He is, to put it bluntly, a For example, The Washington Post Let’s take a look at some of the pro- recently exposed a USDA program, walking ledger. visions in this latest Agriculture dis- John first got his start with the De- known as ‘‘direct and counter-cyclical aster package: partment in 1971 when he hired on as a payments,’’ that in 2005 paid out $1.3 $1 billion in crop disaster assistance young attorney in the Office of the So- billion to farmers irrespective of high to compensate farmers for damage that licitor. For a number of years, he was or low market prices or whether they occurred in 2005 due to weather. This Assistant Solicitor for administrative grew any crops at all. This program also specifically applies to the Mormon law and General Legal Services, spe- was intended to be a temporary subsidy cricket infestation in Nevada, and cializing in appropriations law issues. that would prop up farmers during poor flooding in California, Hawaii and It is this legal background that has market conditions, but the special in- Vermont. made John such an important asset to terests and the farm lobby convinced $13 million to help ewe lamb farmers those of us on the Appropriations Com- Congress to keep this unneeded pro- who have suffered populations losses. mittee. The guidance and counsel John gram, which has become perhaps the $6 million to owners of flooded crop has been able to offer our Members and most abused farm subsidy in existence. and grazing land in North Dakota. our staff has been invaluable. It is no The Washington Post also discovered $6 million to assist a sugarcane exaggeration to say that without his that in 2002 and 2003, $635 million in transportation cooperative in Hawaii. help, we would have been, if not lost, at drought assistance went to ranchers $100 million for grants to each State least temporarily delayed in getting and dairy farmers whose livestock ex- to promote specialty crop production. our appropriations bill done each year perienced mild or no drought at all. $1.7 billion in assistance to dairy on time and within our budget. Thanks to strong lobbying by cattle farmers who suffered losses in 2005. As he prepares to leave the Depart- growers, the Congress modified the This appropriations measure is not ment, I wish to take this opportunity payment requirements under the Live- expected to receive any further action to say thank you to John Trezise for stock Compensation Program for 2002– during this session of Congress. Instead all he has done and to let him know 2003, so that ranchers weren’t required of debating and passing our annual that he will be sorely missed by the to prove they suffered any actual spending bills, our constitutional obli- members of the Senate Appropriations losses. So long as a the disaster was de- gation, we are resorting to passing con- Committee. clared, the Government simply mailed tinuing resolutions to maintain our Mr. DORGAN. Mr. President, as the checks to ranchers dependent only on government functions well into fiscal ranking member of the Interior appro- the number of cattle they owned. year 2007. This failure is partially be- priations subcommittee, I wish to join In an offshoot of the USDA’s drought cause of our habit of earmarking. When my colleague from Montana in extend- relief efforts, the Federal Government members frantically look for appro- ing our congratulations and our best paid $34 million to compensate catfish priation bills as vehicles for pet wishes to John Trezise as he prepares farmers for feed they purchased during projects and unrequested earmarks, the to leave Federal service. the 2002 drought year, even though feed appropriation process becomes a game Each spring, the Interior Sub- prices were at a 10-year low. Much like of ‘‘you vote for my pork, I’ll vote for committee holds a budget hearing to

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.064 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11320 CONGRESSIONAL RECORD — SENATE December 6, 2006 review the Interior Department’s budg- years of public service to our Nation partment of Education. The school re- et request for the coming fiscal year. and wish him and his family the very cently received the Parent Involve- The Interior Secretary is always seat- best in all future endeavors. ment School of Excellence Award from ed, front and center, at the main table Mr. BIDEN. Mr. President, at the end the National PTA, recognizing its in our hearing room ready to answer of this year, Anthony ‘‘Tony’’ Zagami strong partnership with parents. The the myriad of questions coming from will retire after 40 years of public serv- Westonka School District which in- our subcommittee’s members. And de- ice, including the last 16 years at the cludes Shirley Hills Primary School spite the sometimes obscure nature of Government Printing Office, which has also earned the What Parents Want the questions asked, the Secretary has publishes the CONGRESSIONAL RECORD Award, given by SchoolMatch, the Na- always been able to offer a timely, if for all of us every day. tion’s largest school-selection con- not credible, answer. That ability to I first met Tony when I served in my sulting firm. The award was earned by respond is more often than not due to first term in the Senate. He was work- fewer than 15 percent of the Nation’s the fact that, seated immediately next ing as a legislative assistant in the public school districts. The Westonka to the Secretary, has been John Trezise Democratic cloakroom. He spent 25 District was also 1 of 22 Minnesota and the fattest looseleaf binder any of years working in the Congress, includ- school districts named academic us has ever seen. No matter what is ing general counsel to the Joint Com- outperformers by Standard & Poor’s asked, John has been able to reach into mittee on Printing. School Evaluation Services. that book and almost instantly re- In 1990, Tony left to become the gen- Shirley Hills Primary fosters the de- trieve a figure or some other pithy ex- eral counsel at the Government Print- velopment of strong character by rec- planation that nearly always seems to ing Office. When he retires it will be ognizing children for demonstrating re- satisfy the inquiring Senator. It is a with the distinction of having been the sponsibility, respect, and honesty. An magical exercise that must be seen to agency’s longest-serving general coun- all-school assembly every month in- be believed. sel. cludes the presentation of a trophy, Mr. President, too often the word As he moves on, I know all my col- given successively in due course to a ‘‘bureaucrat’’ is used as a pejorative. leagues join me in thanking him for his child who has demonstrated one of But in the case of John Trezise, those dedicated service, and wish him the these qualities. Shirley Hills pupils of us on the Interior Subcommittee best for the future. know that good character is lived out, have come to learn that he exemplifies f in all areas of life; it is how they the best in civil service. And so I join choose to live, not just how they be- Senator BURNS in saying to Mr. Trezise ADDITIONAL STATEMENTS have in school. that he can be justly proud of his serv- TRIBUTE TO PAIGE MCPHERSON In the belief that children can succeed better in the global economy when ice to the American people and that we ∑ wish him and his family all the best in Mr. THUNE. Mr. President, today I knowledgeable about other languages the coming years. recognize Paige McPherson of Sturgis, and cultures, Shirley Hills offers SD, for her success in the martial art f before- and after-school Spanish class- of tae kwon do. Paige is considered one es for kindergarten through fourth RETIREMENT OF MR. ANTHONY J. of the top female Tae Kwon Do fighters grade. The school district is also pur- ‘‘TONY’’ ZAGAMI in the country in the 130- to 139-pound suing a secondary-level educational ex- Mr. INOUYE. Mr. President, at the weight class. change program with China. end of this year, a longtime employee Paige McPherson trains and teaches Shirley Hills’ staff encourages fami- of the Congress and the legislative out of the Black Hawk tae kwon do lies to expect great test scores but not branch will retire from Federal Serv- center in Black Hawk, SD. She has suc- to settle for that alone. The school ice. On January 3, Anthony J. ‘‘Tony’’ cessfully competed in tae kwon do proudly has high expectations for Zagami will leave the U.S. Government tournaments at the national level and achievement and behavior, and just as Printing Office, having been the long- has secured a spot for the 2007 Senior proudly provides educational experi- est serving general counsel in the agen- National Team and Pan American ences that take into account the whole cies history. Game Trials. child. Teachers know each child’s Tony Zagami began his career as a It gives me great pleasure to con- strengths and growth areas, and they page in the U.S. Senate in the mid gratulate Paige McPherson on this spe- work together with parents to help 1960s as I was completing my first term cial occasion and to wish her continued every child grow as a learner, as well ∑ as a U.S. Senator from Hawaii. His late success in the years to come. as a valued human being. father, Dino, also served the U.S. Sen- f Much of the credit for Shirley Hills ate at that time as a member of the Of- Primary School’s success belongs to its ficial Reporters of Debates. I had the SHIRLEY HILLS PRIMARY SCHOOL, MOUND, MINNESOTA principal, Ann Swanson, and the dedi- pleasure of knowing and working with cated teachers. The pupils and staff at both of the Zagami’s during that period ∑ Mr. DAYTON. Mr. President, today I Shirley Hills Primary School under- of time. Dino retired in 1972 as Tony’s honor Shirley Hills Primary School, in stand that, in order to be successful, a congressional career was just getting Mound, Minnesota, which recently school must go beyond achieving aca- underway. earned an Award for Excellence in Edu- demic success; it must also provide a Tony held a number of positions on cation for its exceptional and innova- nurturing environment where pupils the Hill while pursuing an under- tive achievements in educating chil- can develop the knowledge, skills, and graduate and law degree. He spent a dren. attitudes for success throughout life. total of 25 years working for the Con- Shirley Hills Primary School is truly All of the faculty, staff, and children at gress in positions ranging from Senate a model of educational success. The Shirley Hills Primary School should be page to committee general counsel, be- teaching staff believes wholeheartedly very proud of their accomplishments! fore leaving in 1990 to become the gen- that all children can succeed, a philos- I congratulate Shirley Hills Primary eral counsel for the Government Print- ophy that has led to performance rates School in Mound for winning the ing Office. As you know, the GPO is re- that are among the best in the State. Award for Excellence in Education and sponsible for producing and distrib- The learning environment values for its exceptional contributions to uting our CONGRESSIONAL RECORD and strong character in addition to aca- education in Minnesota.∑ other vital Government documents on demic achievement. In addition, the vi- f a daily basis. brant school community offers a pre- After 40 years of dedicated Govern- school program, to help ensure a LAKE MARION ELEMENTARY ment service, Tony Zagami has decided smooth transition to kindergarten. SCHOOL, LAKEVILLE, MINNESOTA to move on to the next chapter of his Shirley Hills Primary School is par- ∑ Mr. DAYTON. Mr. President, today I life. As he ends a distinguished career, ticularly proud of its designation as a wish to honor Lake Marion Elementary I would like to take this opportunity Minnesota five-star school, recognized School, in Lakeville, MN, which re- to thank Tony Zagami for his many for excellence by the Minnesota De- cently earned an Award for Excellence

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.066 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11321 in Education for its exceptional and in- cently earned an Award for Excellence cated teachers. The pupils and staff at novative achievements in educating in Education for its exceptional and in- Orchard Lake Elementary School un- children. novative achievements in educating derstand that, in order to be successful, Lake Marion Elementary School is children. a school must go beyond achieving aca- truly a model of educational success. Orchard Lake Elementary School is demic success; it must also provide a Three factors that make the school truly a model of educational success. nurturing environment where pupils particularly outstanding include: a The staff at OLE, always seeking to can develop the knowledge, skills, and high level of involvement by parents, improve professionally, value in-serv- attitudes for success throughout life. innovative programs, and academic ice days and use this time to study new All of the faculty, staff, and children at achievement. and innovative teaching techniques. Orchard Lake Elementary School Lake Marion Elementary School Every year the school does a book should be very proud of their accom- takes great pride in involving parents study that addresses ways to increase plishments! in their children’s school experiences. achievement for students. The teaching I congratulate Orchard Lake Elemen- Lake Marion’s Parent Teacher Organi- staff takes on new challenges, studies tary School in Lakeville for winning zation has provided volunteer and fi- best-practice ideas, has conversations the Award for Excellence in Education nancial support for the Artist of the across grade levels, offers mutual sup- and for its exceptional contributions to Month program, for which parent vol- port, and applies solutions. education in Minnesota.∑ In the spring of 2004, Orchard Lake unteers teach a class about an artist f and his/her works; the Junior Great Elementary was the first school in Books program; the Lake Marion Year- Minnesota to receive the Tekne Award MESSAGES FROM THE PRESIDENT book, which has set the standard for el- for Innovations in Teaching. Mark Messages from the President of the ementary school yearbooks; the fifth- Deming, the media specialist, had pu- United States were communicated to grade trip to Camp Saint Croix Envi- pils in grades 5 and 6 arrive before the Senate by Ms. Evans, one of his ronment Camp; the school directory; school and called them the ‘‘Morning secretaries. Family Fun Night; cultural awareness Crew.’’ The children learned to design f programming; mini-grants for selected segments of school news, interview staff projects; and field trip transpor- classmates and staff, and videotape and EXECUTIVE MESSAGES REFERRED tation costs. edit productions so that they could As in executive session the Presiding Lake Marion Elementary provides produce the morning announcements. Officer laid before the Senate messages the children innovative programming In addition, they created their own from the President of the United outside the school day. Targeted Serv- music using the Garage Band program States submitting sundry nominations ices offers additional reading and math on the school computers. The morning and two withdrawals which were re- support in classes which run before announcements were shown over the ferred to the appropriate committees. school and are very popular with the school’s media system and produced ex- (The nominations received today are children and their families. Additional clusively by children for all classrooms printed at the end of the Senate pro- programs include before- and after- to enjoy. This system is still in place ceedings.) school athletics, art, and world lan- for use by fourth- and fifth-graders. guages. Orchard Lake Elementary teachers f The school’s many successes are re- work with parents as partners in edu- MESSAGE FROM THE HOUSE flected in the pupils’ outstanding aca- cation. Five years ago, when space be- At 2:15 p.m., a message from the demic accomplishments. Lake Marion came a concern, the PTO purchased a House of Representatives, delivered by Elementary School’s Math Masters portable computer lab. Last year, the Mr. Hays, one of its reading clerks, an- Teams have finished first two times, PTO purchased 14 new computers and nounced that the House has passed the second four times, and third five times has entered Phase 2 of purchasing all following bills, in which it requests the in Regional Math Masters competi- new computers for the lab classroom. concurrence of the Senate: tions. In addition, Lake Marion Ele- The PTO recently held a fund-raiser to mentary has received a five-star rating purchase new playground equipment. H.R.395. An act to adjust the boundary of OLE had a 99 percent parent-participa- Lowell National Historical Park, and for from the Minnesota Department of other purposes. Education in reading and math every tion rate at parent-teacher con- H.R. 4742. An act to amend title 35, United year since the inception of the Min- ferences. The school has a gifted edu- States Code, to allow the Director of the nesota School Report Card system. cation program, as well as a targeted Patent and Trademark Office to waive statu- Much of the credit for Lake Marion services program, which offers extra in- tory provisions governing patents and trade- Elementary School’s success belongs to struction in reading and math for marks in certain emergencies. its principal, John W. Braun, and the struggling students. Involved parents H.R. 5110. An act to facilitate the use for dedicated teachers. The pupils and staff support their children by working to- irrigation and other purposes of water pro- at Lake Marion Elementary School un- gether with teachers, who value the duced in connection with development of energy resources. derstand that, in order to be successful, parents’ active contributions. H.R. 5466. An act to amend the National a school must go beyond achieving aca- Orchard Lake Elementary provides a Trails System Act to designate the Captain demic success; it must also provide a safe and nurturing environment, both John Smith Chesapeake National Historic nurturing environment where pupils educationally and emotionally. Teach- Trail. can develop the knowledge, skills, and ers build relationships with pupils H.R. 5666. An act to authorize early repay- attitudes for success throughout life. through a community circle and dis- ment of obligations to the Bureau of Rec- All of the faculty, staff, and children at cussions of life skills. The children lamation within the A & B Irrigation Dis- Lake Marion Elementary School take part in student council, art shows, trict in the State of Idaho. music concerts, morning announce- H.R. 6111. An act to amend the Internal should be very proud of their accom- Revenue Code of 1986 to provide that the Tax plishments. ments, band, and academic choice in Court may review claims for equitable inno- I congratulate Lake Marion Elemen- the classroom. cent spouse relief and to suspend the running tary School in Lakeville for winning Orchard Lake Elementary School on the period of limitations while such the Award for Excellence in Education was recognized by the State Depart- claims are pending. and for its exceptional contributions to ment of Education as a five-star school H.R. 6316. An act to extend through Decem- education in Minnesota.∑ in both math and reading. This distinc- ber 31, 2008, the authority of the Secretary of the Army to accept and expend funds con- f tion is particularly impressive, considering that Orchard Lake, which has a tributed by non-Federal public entities to expedite the processing of permits. ORCHARD LAKE ELEMENTARY high concentration of low-income stu- SCHOOL, LAKEVILLE, MINNESOTA H.R. 6338. An act to amend title 18, United dents, is a Title 1 school. States Code, to prevent and repress the mis- ∑ Mr. DAYTON. Mr. President, today I Much of the credit for Orchard Lake use of the Red Crescent distinctive emblem honor Orchard Lake Elementary Elementary School’s success belongs to and the Third Protocol (Red Crystal) distinc- School, in Lakeville, MN, which re- its principal, Karen Roos, and the dedi- tive emblem.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.065 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11322 CONGRESSIONAL RECORD — SENATE December 6, 2006 The message also announced that the H.R. 6342. An act to amend title 38, United certain sections of the Act of May 26, House has agreed to the following con- States Code, to extend certain expiring pro- 1936, pertaining to the Virgin Islands, current resolutions, in which it re- visions of law administered by the Secretary with amendments, in which it requests quests the concurrence of the Senate: of Veterans Affairs, to expand eligibility for the concurrence of the Senate. the Survivors’ and Dependents’ Educational H. Con. Res. 73. Concurrent resolution sup- Assistance program, and for other purposes. f porting the goals and ideals of National High School Seniors Voter Registration Day. The message also announced that the MEASURES PLACED ON THE H. Con. Res. 495. Concurrent resolution au- House passed the following bills, with- CALENDAR thorizing the printing as a House document out amendment: The following bill was read the sec- of United States House of Representatives, S. 1346. An act to direct the Secretary of ond time, and placed on the calendar: The Committee on Ways and Means: A His- the Interior to conduct a study of maritime tory, 1789–2006. sites in the State of Michigan. S. 4080. A bill to amend title 17, United The message further announced that S. 1820. An act to designate the facility of States Code, with respect to settlement the United States Postal Service located at agreements reached with respect to litiga- the House has passed the following tion involving certain secondary trans- bills, without amendment: 6110 East 51st Place in Tulsa, Oklahoma, as the ‘‘Dewey F. Bartlett Post Office’’. missions of superstations and network sta- S. 2250. An act to award a congressional S. 1998. An act to amend title 18, United tions. gold medal to Dr. Norman E. Borlaug. States Code, to enhance protections relating The following bill was read the first S. 1219. An act to authorize certain tribes to the reputation and meaning of the Medal in the State of Montana to enter into a lease and second times by unanimous con- of Honor and other military decorations and sent, and placed on the calendar: or other temporary conveyance of water awards, and for other purposes. rights to meet the water needs of the Dry S. 4044. An act to clarify the treatment of H.R. 5466. An act to amend the National Prairie Rural Water Association, Inc. certain charitable contributions under title Trails System Act to designate the Captain The message also announced that the 11, United States Code. John Smith Chesapeake National Historic House passed the bill (S. 3938) to reau- S. 4073. An act to designate the outpatient Trail. thorize the Export-Import Bank of the clinic of the Department of Veterans Affairs f United States, with an amendment, in located in Farmington, Missouri, as the ‘‘Robert Silvey Department of Veterans Af- EXECUTIVE AND OTHER which it requests the concurrence of fairs Outpatient Clinic’’. COMMUNICATIONS the Senate. The message further announced that The message further announced that The following communications were the House agrees to the amendment of the House agreed to the following con- laid before the Senate, together with the Senate to the bill (H.R. 1492) to current resolution, without amend- accompanying papers, reports, and doc- provide for the preservation of the his- ment: uments, and were referred as indicated: toric confinement sites where Japanese S. Con. Res. 91. Concurrent resolution ex- EC–9165. A communication from the Chief pressing the sense of Congress that the Americans were detained during World of Regulations and Administrative Law, U.S. President should posthumously award the Coast Guard, Department of Homeland Secu- War II, and for other purposes. Presidential Medal of Freedom to Leroy rity, transmitting, pursuant to law, the re- The message also announced that the Robert ‘‘Satchel’’ Paige. port of a rule entitled ‘‘Anchorage Regula- House disagrees to the amendment of The message also announced that the tions (including 2 regulations beginning with the Senate to the bill (H.R. 5682) to ex- House passed the bill (S. 214) to author- CGD08-05-016)’’ (RIN1625-AA01) received on empt from certain requirements of the ize the Secretary of the Interior to co- December 4, 2006; to the Committee on Com- Atomic Energy Act of 1954 a proposed operate with the States on the border merce, Science, and Transportation. nuclear agreement for cooperation EC–9166. A communication from the Chief with Mexico and other appropriate en- of Regulations and Administrative Law, U.S. with India, it agrees to the conference tities in conducting a hydrogeologic asked by the Senate on the disagreeing Coast Guard, Department of Homeland Secu- characterization, mapping, and mod- rity, transmitting, pursuant to law, the re- votes of the two Houses thereon, and eling program for priority port of a rule entitled ‘‘Special Local Regu- appoints Mr. HYDE, Mr. BOEHNER, and transboundary aquifers, and for other lation; Champ Boat Grand Prix of Savannah; Mr. LANTOS as managers of the con- purposes, with an amendment, in which Savannah, Georgia (CGD07-06-191)’’ (RIN1625- ference on the part of the House. it requests the concurrence of the Sen- AA08) received on December 4, 2006; to the The message further announced that ate. Committee on Commerce, Science, and pursuant to Public Law 109–236, the The message further announced that Transportation. Majority Leaders of the Senate and the EC–9167. A communication from the Chief the House passed the bill (S. 843) to of Regulations and Administrative Law, U.S. House of Representatives appoints amend the Public Health Service Act Thomas P. Mucho of Pennsylvania to Coast Guard, Department of Homeland Secu- to combat autism through research, rity, transmitting, pursuant to law, the re- the MINER Act Technical Study Panel. screening, intervention and education, port of a rule entitled ‘‘Safety Zone: Fire- At 8:10 p.m., a message from the with an amendment, in which it re- works Display, Trent River, New Bern, North quests the concurrence of the Senate. Carolina (CGD05-06-092)’’ (RIN1625-AA00) re- House, delivered by Ms. Chiappardi, ceived on December 4, 2006; to the Committee one of its reading clerks, announced The message also announced that the House passed the bill (S. 895) to direct on Commerce, Science, and Transportation. that the House has passed the fol- EC–9168. A communication from the Chief lowing bills, in which it requests the the Secretary of the Interior to estab- of Regulations and Administrative Law, U.S. concurrence of the Senate: lish a rural water supply program in Coast Guard, Department of Homeland Secu- the Reclamation States to provide a H.R. 1674. An act to authorize and rity, transmitting, pursuant to law, the re- strengthen the tsunami detection, forecast, clean, safe, affordable, and reliable port of a rule entitled ‘‘Safety Zones (includ- warning, and mitigation program of the Na- water supply to rural residents, with ing 11 regulations beginning with CGD01-06- tional Oceanic and Atmospheric Administra- amendments, in which it requests the 116)’’ (RIN1625-AA00) received on December 4, tion, to be carried out by the National concurrence of the Senate. 2006; to the Committee on Commerce, Weather Service, and for other purposes. The message further announced that Science, and Transportation. H.R. 3248. An act to amend the Public the House passed the bill (S. 1785) to EC–9169. A communication from the Chief Health Service Act to establish a program to of Regulations and Administrative Law, U.S. amend chapter 13 of title 17, United Coast Guard, Department of Homeland Secu- assist family caregivers in accessing afford- States Code (relating to the vessel hull able and high-quality respite care, and for rity, transmitting, pursuant to law, the re- other purposes. design protection), to clarify the dis- port of a rule entitled ‘‘Drawbridge Oper- H.R. 5076. An act to amend title 19, United tinction between a hull and a deck, to ations (including 8 regulations beginning States Code, to authorize appropriations for provide factors for the determination with CGD01-06-033)’’ (RIN1625-AA09) received fiscal years 2007 and 2008, and for other pur- of the protectability of a revised de- on December 4, 2006; to the Committee on poses. sign, to provide guidance for assess- Commerce, Science, and Transportation. H.R. 5782. An act to amend title 49, United ments of substantial similarity, and for EC–9170. A communication from the Chief States Code, to provide for enhanced safety of Regulations and Administrative Law, U.S. and environmental protection in pipeline other purposes, with amendments, in Coast Guard, Department of Homeland Secu- transportation, to provide for enhanced reli- which it requests the concurrence of rity, transmitting, pursuant to law, the re- ability in the transportation of the Nation’s the Senate. port of a rule entitled ‘‘Drawbridge Oper- energy products by pipeline, and for other The message also announced that the ations (including 2 regulations beginning purposes. House passed the bill (S. 1829) to repeal with CGD08-06-036)’’ (RIN1625-AA09) received

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.056 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11323 on December 4, 2006; to the Committee on ment Measures’’ (RIN0648-AT94) received on EC–9191. A communication from the Direc- Commerce, Science, and Transportation. December 4, 2006; to the Committee on Com- tor, Regulatory Review Group, Department EC–9171. A communication from the Acting merce, Science, and Transportation. of Agriculture, transmitting, pursuant to Director, Office of Sustainable Fisheries, De- EC–9181. A communication from the Assist- law, the report of a rule entitled ‘‘2005 Cot- partment of Commerce, transmitting, pursuant Administrator for Procurement, Na- tonseed Payment Program’’ (RIN0560-AH63) ant to law, the report of a rule entitled ‘‘2007 tional Aeronautics and Space Administra- received on December 4, 2006; to the Com- Atlantic Surfclam Minimum Size Suspen- tion, transmitting, pursuant to law, the re- mittee on Agriculture, Nutrition, and For- sion’’ (101906A-X) received on December 4, port of a rule entitled ‘‘NASA Implementa- estry. 2006; to the Committee on Commerce, tion of Earned Value Management’’ EC–9192. A communication from the Direc- Science, and Transportation. (RIN2700-AD29) received on December 4, 2006; tor of the Selective Service, transmitting, EC–9172. A communication from the Direc- to the Committee on Commerce, Science, pursuant to law, a report relative to the tor, Office of Sustainable Fisheries, Depart- and Transportation. Agency’s compliance with both Sections 2 ment of Commerce, transmitting, pursuant EC–9182. A communication from the Asso- and 4 of the Integrity Act; to the Committee to law, the report of a rule entitled ‘‘Fraser ciate General, Counsel for Legislation and on Armed Services. River Sockeye Salmon Fisheries; Inseason Regulations, Department of Housing and EC–9193. A communication from the Sec- Orders’’ (ID No. 102406A) received on Decem- Urban Development, transmitting, pursuant retary of Defense, transmitting, pursuant to ber 4, 2006; to the Committee on Commerce, to law, the report of a rule entitled ‘‘Disposi- law, a report on the approved retirement of Science, and Transportation. tion of HUD-Acquired Single Family Prop- Lieutenant General Jerry L. Sinn, United EC–9173. A communication from the Direc- erty; Good Neighbor Next Door Sales Pro- States Army, and his advancement to the tor, Office of Sustainable Fisheries, Depart- gram’’ (RIN2502-AH72) received on December grade of lieutenant general on the retired ment of Commerce, transmitting, pursuant 4 , 2006; to the Committee on Banking, Hous- list; to the Committee on Armed Services. to law, the report of a rule entitled ‘‘Revised ing, and Urban Affairs. EC–9194. A communication from the Attor- 2006 and 2007 Harvest Specifications for the EC–9183. A communication from the Gen- ney, Office of Assistant General Counsel for ‘Other Species’ Complex in the Gulf of Alas- eral Counsel, Office of Federal Housing En- Legislation and Regulatory Law, Depart- ka’’ (ID No. 112805A) received on December 4, terprise Oversight, Department of Housing ment of Energy, transmitting, pursuant to 2006; to the Committee on Commerce, and Urban Development, transmitting, pur- law, the report of a rule entitled ‘‘Energy Science, and Transportation. suant to law, the report of a rule entitled Conservation Standards for New Federal EC–9174. A communication from the Assist- ‘‘Record Retention’’ (RIN2550-AA34) received Commercial and Multi-Family High-Rise ant Administrator for Fisheries, Office of on December 4, 2006; to the Committee on Residential Buildings and New Federal Low- Sustainable Fisheries, Department of Com- Banking, Housing, and Urban Affairs. Rise Residential Buildings’’ (RIN1904-AB13) merce, transmitting, pursuant to law, the re- EC–9184. A communication from the Gen- received on December 4, 2006; to the Com- port of a rule entitled ‘‘Final Rule to Correct eral Counsel, Office of Federal Housing En- mittee on Energy and Natural Resources. EC–9195. A communication from the Chair- and Clarify Atlantic Mackerel, Squid, and terprise Oversight, Department of Housing man, Federal Regulatory Commission, trans- Butterfish Fishery Regulations’’ (RIN0648- and Urban Development, transmitting, pur- mitting, pursuant to law, the Commission’s AU54) received on December 4, 2006; to the suant to law, the report of a rule entitled annual report covering the fiscal year from Committee on Commerce, Science, and ‘‘Risk-Based Capital Regulation Amend- October 1, 2004, through September 30, 2005; Transportation. ment’’ (RIN2550-AA35) received on December to the Committee on Energy and Natural Re- EC–9175. A communication from the Chair- 4, 2006; to the Committee on Banking, Hous- sources. man, National Transportation Safety Board, ing, and Urban Affairs. EC–9196. A communication from the Acting transmitting, pursuant to law, a report rel- EC–9185. A communication from the Direc- Assistant Secretary for Fish, Wildlife and ative to the actions taken by the Board to tor, Federal Emergency Management Agen- Parks, Fish and Wildlife Service, Depart- ensure that audits are conducted of its pro- cy, Department of Homeland Security, trans- ment of the Interior, transmitting, pursuant grams and operations for fiscal year 2006; to mitting, pursuant to law, a report relative to to law, the report of a rule entitled ‘‘Endan- the Committee on Commerce, Science, and the emergency funding provided to the State gered and Threatened Wildlife and Plants; Transportation. of Arizona; to the Committee on Banking, Designation of Critical Habitat for Astrag- EC–9176. A communication from the Direc- Housing, and Urban Affairs. alus Brauntonii and Pentachaeta Iyonii’’ tor for Acquisition Management and Pro- EC–9186. A communication from the Direc- (RIN1018-AU51) received on December 4, 2006; curement Executive, Department of Com- tor, Office of Legislative Affairs, Federal De- to the Committee on Environment and Pub- merce, transmitting, pursuant to law, the posit Insurance Corporation, transmitting, lic Works. Department’s annual progress report relative pursuant to law, the report of a rule entitled EC–9197. A communication from the Acting to interagency activities and Department- ‘‘Penalty for Failure to Timely Pay Assess- Assistant Secretary for Fish, Wildlife and specific activities; to the Committee on ments’’ (RIN3064-AD06) received on Decem- Parks, Fish and Wildlife Service, Depart- Commerce, Science, and Transportation. ber 4, 2006; to the Committee on Banking, ment of the Interior, transmitting, pursuant EC–9177. A communication from the Sec- Housing, and Urban Affairs. to law, the report of a rule entitled ‘‘Endan- retary of the Federal Trade Commission, EC–9187. A communication from the Direc- gered and Threatened Wildlife and Plants; transmitting, pursuant to law, an interim re- tor, Office of Legislative Affairs, Federal De- Designation of Critical Habitat for the Fend- port relative to the Commission’s activities posit Insurance Corporation, transmitting, er’s Blue Butterfly, Lupinus Sulphureus ssp. that pertain to the Fair and Accurate Credit pursuant to law, the report of a rule entitled kincaidii, and Erigeron decumbens var. Transactions Act of 2003; to the Committee ‘‘Advertisement of Membership’’ (RIN3064- decumbens’’ (RIN1018-AT91) received on De- on Commerce, Science, and Transportation. AD05) received on December 4, 2006; to the cember 4, 2006; to the Committee on Environ- EC–9178. A communication from the Ad- Committee on Banking, Housing, and Urban ment and Public Works. ministrator, National Highway Traffic Safe- Affairs. EC–9198. A communication from the Com- ty Administration, Department of Com- EC–9188. A communication from the Chief missioner, Social Security Administration, merce, transmitting, pursuant to law, a re- Counsel, Federal Emergency Management Department of the Treasury, transmitting, a port relative to the activities that have been Agency, Department of Homeland Security, draft bill that would provide the Department completed by the Administration in conjunc- transmitting, pursuant to law, the report of with authority to complete the reimburse- tion with the National Telecommunications a rule entitled ‘‘Final Flood Elevation Deter- ment of the Federal Old-Age and Survivors and Information Administration as of Sep- minations’’ (71 FR 67068) received on Decem- Insurance Trust Fund and the Federal Dis- tember 30, 2006; to the Committee on Com- ber 4, 2006; to the Committee on Banking, ability Insurance Trust Fund for certain merce, Science, and Transportation. Housing, and Urban Affairs. bookkeeping errors; to the Committee on Fi- EC–9179. A communication from the Assist- EC–9189. A communication from the Sec- nance. ant Administrator for Procurement, Na- retary, Division of Market Regulation, Secu- EC–9199. A communication from the Sec- tional Aeronautics and Space Administra- rities and Exchange Commission, transmit- retary of Labor, transmitting, pursuant to tion, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- law, a report relative to the impact of the port of a rule entitled ‘‘NASA Grant and Co- titled ‘‘Rules 17Ac-1, 17Ac-2, 17Acd-1 and Andean Trade Preference Act on U.S. trade operative Agreement Handbook—Training Forms TA-1, TA-2, and TA-W; Electronic Fil- and employment from 2004 to 2005; to the Grant and Award Procedures’’ (RIN2700- ing of Transfer Agent Forms’’ (RIN3235-AJ68) Committee on Finance. AD30) received on December 4, 2006; to the received on December 4, 2006; to the Com- EC–9200. A communication from the Assist- Committee on Commerce, Science, and mittee on Banking, Housing, and Urban Af- ant Secretary, Office of Legislative Affairs, Transportation. fairs. Department of State, transmitting, pursuant EC–9180. A communication from the Dep- EC–9190. A communication from the Direc- to law, the certification of a proposed manu- uty Assistant Administrator for Regulatory tor, Regulatory Review Group, Department facturing license agreement for the manufac- Programs, National Marine Fisheries Serv- of Agriculture, transmitting, pursuant to ture of significant military equipment ice, Department of Commerce, transmitting, law, the report of a rule entitled ‘‘2005 Dairy abroad and for the export of defense articles pursuant to law, the report of a rule entitled Disaster Assistance Payment Program’’ or defense services sold commercially under ‘‘Fisheries in the Western Pacific; Western (RIN0560-AH59) received on December 4, 2006; contract in the amount of $100,000,000 or Pacific Bottomfish and Seamount Ground- to the Committee on Agriculture, Nutrition, more to Canada, Israel, Spain, and Taiwan; fish Fisheries; Guam Bottomfish Manage- and Forestry. to the Committee on Foreign Relations.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.097 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11324 CONGRESSIONAL RECORD — SENATE December 6, 2006 EC–9201. A communication from the Assist- Rights, transmitting, pursuant to law, the Commission, transmitting, pursuant to law, ant Secretary, Office of Legislative Affairs, report of the appointment of members to the the Commission’s Program Accountability Department of State, transmitting, pursuant California Advisory Committee; to the Com- Report for fiscal year 2006; to the Committee to law, a quarterly report relative to the ob- mittee on the Judiciary. on Homeland Security and Governmental Af- ligations and outlays of fiscal year 2004, fis- EC–9212. A communication from the Presi- fairs. cal year 2005, and fiscal year 2006 funds under dent, Women’s Army Corps Veterans’ Asso- EC–9224. A communication from the Chair- the President’s Emergency Plan for AIDS ciation, transmitting, a request for clarifica- man, Railroad Retirement Board, transmit- Relief through March 31, 2006; to the Com- tion relative to the requirements for annual ting, pursuant to law, the Inspector Gen- mittee on Foreign Relations. reports; to the Committee on Veterans’ Af- eral’s semiannual report on the Board’s ac- EC–9202. A communication from the Assist- fairs. tions for the period April 1, 2006 through Sep- ant Secretary, Office of Legislative Affairs, EC–9213. A communication from the Direc- tember 30, 2006; to the Committee on Home- Department of State, transmitting, pursuant tor, Office of Management and Budget, Exec- land Security and Governmental Affairs. to law, a report relative to efforts made by utive Office of the President, transmitting, EC–9225. A communication from the Chair- the United Nations and its Specialized Agen- pursuant to law, a report entitled ‘‘Statis- man, Broadcasting Board of Governors, cies to employ an adequate number of Amer- tical Programs of the United States Govern- transmitting, pursuant to law, the Board’s icans during 2005; to the Committee on For- ment: Fiscal Year 2007’’; to the Committee Performance and Accountability Report for eign Relations. on Homeland Security and Governmental Af- fiscal year 2006; to the Committee on Home- EC–9203. A communication from the Assist- fairs. land Security and Governmental Affairs. ant Legal Adviser for Treaty Affairs, Depart- EC–9214. A communication from the Acting f ment of State, transmitting, pursuant to the Chairman, Consumer Product Safety Com- Case-Zablocki Act, 1 U.S.C. 112b, as amended, mission, transmitting, pursuant to law, the REPORTS OF COMMITTEES the report of the texts and background state- Commission’s Performance and Account- The following reports of committees ments of international agreements, other ability Report for fiscal year 2006; to the than treaties (List 06-258-06-270); to the Com- Committee on Homeland Security and Gov- were submitted: mittee on Foreign Relations. ernmental Affairs. By Mr. ENZI, from the Committee on EC–9204. A communication from the Sec- EC–9215. A communication from the Asso- Health, Education, Labor, and Pensions: retary of Health and Human Services, trans- ciate General Counsel for General Law, Of- Report to accompany S. 2803, a bill to mitting, pursuant to law, a report relative to fice of the General Counsel, Department of amend the Federal Mine Safety and Health the petition filed on behalf of workers from Homeland Security, transmitting, pursuant Act of 1977 to improve the safety of mines the Los Alamos National Laboratory re- to law, the report of a vacancy and designa- and mining (Rept. No. 109–365). questing their addition to the Special Expo- tion of an acting officer for the position of Report to accompany S. 3570, a bill to sure Cohort; to the Committee on Health, Assistant Secretary, received on December 4, amend the Older Americans Act of 1965 to Education, Labor, and Pensions. 2006; to the Committee on Homeland Secu- authorize appropriations for fiscal years 2007 EC–9205. A communication from the Sec- rity and Governmental Affairs. through 2011, and for other purposes (Rept. retary of Health and Human Services, trans- EC–9216. A communication from the Execu- No. 109–366). mitting, pursuant to law, a report relative to tive Director, Committee for Purchase From f the petition filed on behalf of workers from People Who Are Blind or Severely Disabled, the S-50 Oak Ridge Thermal Diffusion Plant transmitting, pursuant to law, the Commit- EXECUTIVE REPORTS OF requesting their addition to the Special Ex- tee’s Performance and Accountability Re- COMMITTEES posure Cohort; to the Committee on Health, port for fiscal year 2006; to the Committee on The following executive reports of Education, Labor, and Pensions. Homeland Security and Governmental Af- nominations were submitted: EC–9206. A communication from the In- fairs. terim Director, Pension Benefit Guaranty EC–9217. A communication from the Sec- By Mr. INHOFE for the Committee on En- Corporation, transmitting, pursuant to law, retary of Education, transmitting, pursuant vironment and Public Works. the report of a rule entitled ‘‘Benefits Pay- to law, the Department’s Performance and Alex A. Beehler, of Maryland, to be Inspec- able in Terminated Single-Employer Plans; Accountability Report for fiscal year 2006; to tor General, Environmental Protection Allocation of Assets in Single-Employer the Committee on Homeland Security and Agency. Plans; Interest Assumptions for Valuing and Governmental Affairs. *Diane Humetewa, of Arizona, to be a Paying Benefits’’ (29 CFR Parts 4022 and 4044) EC–9218. A communication from the Asso- Member of the Board of Trustees of the Mor- received on December 4, 2006; to the Com- ciate Director for Human Resources, Court ris K. Udall Scholarship and Excellence in mittee on Health, Education, Labor, and Services and Offender Supervision Agency National Environmental Policy Foundation Pensions. for the District of Columbia, transmitting, for a term expiring August 25, 2012. EC–9207. A communication from the Sec- pursuant to law, a report relative to all em- *Eric D. Eberhard, of Washington, to be a retary of Health and Human Services, trans- ployees hired by the Agency during the peri- Member of the Board of Trustees of the Mor- mitting, pursuant to law, a report relative to ods October 2004 through September 2005 and ris K. Udall Scholarship and Excellence in the petition filed on behalf of workers from October 2005 through September 2006; to the National Environmental Policy Foundation the Oak Ridge Institute of Nuclear Studies Committee on Homeland Security and Gov- for a term expiring October 6, 2012. Cancer Research Hospital requesting their ernmental Affairs. By Mr. GRASSLEY for the Committee on addition to the Special Exposure Cohort; to EC–9219. A communication from the Presi- Finance. the Committee on Health, Education, Labor, dent, Overseas Private Investment Corpora- *Paul Cherecwich, Jr., of Utah, to be a and Pensions. tion, transmitting, pursuant to law, an an- Member of the Internal Revenue Service EC–9208. A communication from the Acting nual report on the Corporation’s audit and Oversight Board for a term expiring Sep- General Counsel, Office of Size Standards, investigative activities; to the Committee on tember 14, 2009. United States Small Business Administra- Homeland Security and Governmental Af- *Deborah L. Wince-Smith, of Virginia, to tion, transmitting, pursuant to law, the re- fairs. be a Member of the Internal Revenue Service port of a rule entitled ‘‘Small Business Size EC–9220. A communication from the Sec- Oversight Board for a term expiring Sep- Standards; Security Guards and Patrol Serv- retary of Veterans Affairs, transmitting, tember 14, 2010. ices Industry’’ (RIN3245–AF28) received on pursuant to law, the Department’s Perform- *Dean A. Pinkert, of Virginia, to be a December 4, 2006; to the Committee on Small ance and Accountability Report for fiscal Member of the United States International Business and Entrepreneurship. year 2006; to the Committee on Homeland Se- Trade Commission for the term expiring De- EC–9209. A communication from the Acting curity and Governmental Affairs. cember 16, 2015. General Counsel, Office of Size Standards, EC–9221. A communication from the In- *Irving A. Williamson, of New York, to be United States Small Business Administra- spector General, Railroad Retirement Board, a Member of the United States International tion, transmitting, pursuant to law, the re- transmitting, pursuant to law, a semiannual Trade Commission for the term expiring port of a rule entitled ‘‘Small Business Size report summarizing the Board’s activities June 16, 2014. Standards; Surety Bond Guarantee Pro- and accomplishments from April 1, 2006 *Jeffrey Robert Brown, of Illinois, to be a gram’’ (RIN3245–AE81) received on December through September 30, 2006; to the Com- Member of Social Security Advisory Board 4, 2006; to the Committee on Small Business mittee on Homeland Security and Govern- for a term expiring September 30, 2008. and Entrepreneurship. mental Affairs. *Mark J. Warshawshy, of Maryland, to be a EC–9210. A communication from the Sec- EC–9222. A communication from the Chair- Member of the Social Security Advisory retary of the Department of Homeland Secu- man, Board of Governors, United States Board for a term expiring September 30, 2012. rity, transmitting, pursuant to law, a pre- Postal Service, transmitting, pursuant to *Dana K. Bilyeu, of Nevada, to be a Mem- liminary report of a violation of the law, a semiannual report for the period end- ber of the Social Security Advisory Board for Antideficiency Act by the Transportation ing September 30, 2006; to the Committee on a term expiring September 30, 2010. Security Administration; to the Committee Homeland Security and Governmental Af- *Phillip L. Swagel, of Maryland, to be an on Appropriations. fairs. Assistant Secretary of the Treasury. EC–9211. A communication from the Staff EC–9223. A communication from the Chair- *Michele A. Davis, of Virginia, to be an As- Director, United States Commission on Civil man, Occupational Safety and Health Review sistant Secretary of the Treasury.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.099 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11325 *Anthony W. Ryan, of Massachusetts, to be ance Act to authorize the Administrator of S. Res. 624. A resolution to honor the mem- an Assistant Secretary of the Treasury. the Federal Emergency Management Agency ory of Arnold ‘‘Red’’ Auerbach; to the Com- *Robert F. Hoyt, of Maryland, to be Gen- to reimburse State and local law enforce- mittee on the Judiciary. eral Counsel for the Department of the ment agencies for any expenditures or com- By Mr. FRIST (for himself and Mr. Treasury. pensation of personnel and use or consump- REID): By Ms. SNOWE for the Committee on tion of materials and facilities, and for other S. Res. 625. A resolution extending the au- Small Business and Entrepreneurship. purposes; to the Committee on Homeland Se- thority for the Senate National Security *Jovita Carranza, of Illinois, to be Deputy curity and Governmental Affairs. Working Group; considered and agreed to. Administrator of the Small Business Admin- By Mr. GRASSLEY (for himself and f istration. Mr. BAUCUS): *Nomination was reported with rec- S. 4091. A bill to provide authority for res- ADDITIONAL COSPONSORS toration of the Social Security Trust Funds ommendation that it be confirmed sub- from the effects of a clerical error, and for S. 1531 ject to the nominee’s commitment to other purposes; to the Committee on Fi- At the request of Mr. ENZI, the name respond to requests to appear and tes- nance. of the Senator from Arkansas (Mrs. tify before any duly constituted com- By Mr. ALLARD (for himself and Mr. LINCOLN) was added as a cosponsor of S. mittee of the Senate. SALAZAR): 1531, a bill to direct the Secretary of (Nominations without an asterisk S. 4092. A bill to clarify certain land use in Health and Human Services to expand were reported with the recommenda- Jefferson County, Colorado; considered and passed. and intensify programs with respect to tion that they be confirmed.) By Mr. HARKIN (for himself, Mr. research and related activities con- f CHAMBLISS, Ms. LANDRIEU, Mr. NEL- cerning elder falls. INTRODUCTION OF BILLS AND SON of Nebraska, Mr. GRASSLEY, Mr. S. 1915 BAUCUS, Mr. ROBERTS, Mr. SALAZAR, JOINT RESOLUTIONS At the request of Mr. ENSIGN, the Ms. STABENOW, Mr. VITTER, Mr. JOHN- name of the Senator from Minnesota The following bills and joint resolu- SON, Mrs. LINCOLN, Mr. LEVIN, Mr. (Mr. DAYTON) was added as a cosponsor tions were introduced, read the first BOND, Mr. HAGEL, Mr. DURBIN, and Mr. BIDEN): of S. 1915, a bill to amend the Horse and second times by unanimous con- Protection Act to prohibit the ship- sent, and referred as indicated: S. 4093. A bill to amend the Farm Security and Rural Investment Act of 2002 to extend a ping, transporting, moving, delivering, By Mr. LUGAR (for himself and Mr. suspension of limitation on the period for BAYH): receiving, possessing, purchasing, sell- which certain borrowers are eligible for S. 4083. A bill to amend title XVIII of the ing, or donation of horses and other guaranteed assistance; considered and Social Security Act to require reporting of equines to be slaughtered for human passed. quality measures by hospitals in order to re- consumption, and for other purposes. By Ms. LANDRIEU: duce medication errors; to the Committee on S. 4094. A bill to extend the period in which S. 2465 Finance. States may spend funds from the additional At the request of Mrs. BOXER, the By Mrs. FEINSTEIN (for herself and allotments provided to States under the So- name of the Senator from New Jersey Mrs. BOXER): cial Services Block Grant program for nec- S. 4084. A bill to authorize the implementa- (Mr. MENENDEZ) was added as a cospon- essary expenses related to the consequences sor of S. 2465, a bill to amend the For- tion of the San Joaquin River Restoration of Hurricane Katrina and other hurricanes in Settlement; to the Committee on Energy and the Gulf of Mexico in 2005; to the Committee eign Assistance Act of 1961 to provide Natural Resources. on Finance. increased assistance for the prevention, By Mr. SMITH (for himself and Mr. By Ms. LANDRIEU: treatment, and control of tuberculosis, WYDEN): S. 4095. A bill to extend the period in which and for other purposes. S. 4085. A bill to amend the Internal Rev- the State of Louisiana may spend funds from S. 3238 enue Code of 1986 to modify the rate of the the additional allotment provided to the excise tax on certain wooden arrows; to the State under the Social Services Block Grant At the request of Mr. CORNYN, the Committee on Finance. program for necessary expenses related to names of the Senator from Tennessee By Mr. DEWINE: the consequences of Hurricane Katrina and (Mr. ALEXANDER), the Senator from S. 4086. A bill to improve data collection other hurricanes in the Gulf of Mexico in Minnesota (Mr. DAYTON) and the Sen- efforts with respect to the safety of pregnant 2005; to the Committee on Finance. ator from Montana (Mr. BAUCUS) were women and unborn children in motor vehicle By Mr. VOINOVICH (for himself, Mr. added as cosponsors of S. 3238, a bill to crashes, provide for research and develop- OBAMA, Mr. DEWINE, Mr. LEVIN, Ms. ment of appropriate countermeasures, edu- require the Secretary of the Treasury STABENOW, and Mr. JEFFORDS): to mint coins in commemoration of the cate the public regarding motor vehicle safe- S. 4096. A bill to require the Secretary of ty risks affecting pregnant women and un- the Army to operate and maintain as a sys- 50th anniversary of the establishment born children, and for other purposes; to the tem the Chicago sanitary and ship canal dis- of the National Aeronautics and Space Committee on Commerce, Science, and persal barriers to prevent the spread of Administration and the Jet Propulsion Transportation. aquatic invasive species into the Great Laboratory. By Mr. CRAPO (for himself, Mrs. LIN- Lakes, and to determine the feasibility of a S. 3556 COLN, Mr. GRASSLEY, Mr. BAUCUS, and dispersal barrier project at the Lake Cham- At the request of Mr. DEMINT, the Mr. ALLARD): plain Canal, and for other purposes; to the S. 4087. A bill to amend the Internal Rev- Committee on Environment and Public name of the Senator from New York enue Code to provide a tax credit to individ- Works. (Mr. SCHUMER) was added as a cospon- uals who enter into agreements to protect By Ms. SNOWE (for herself, Mr. KERRY, sor of S. 3556, a bill to clarify the rules the habitats of endangered and threatened Ms. LANDRIEU, and Mr. VITTER): of origin for certain textile and apparel species, and for other purposes; to the Com- S. 4097. A bill to improve the disaster loan products. mittee on Finance. program of the Small Business Administra- S. 3677 By Mr. ENSIGN (for himself and Mr. tion, and for other purposes; to the Com- REID): mittee on Small Business and Entrepreneur- At the request of Mr. BINGAMAN, the S. 4088. A bill to direct the Secretary of the ship. name of the Senator from South Da- Interior to convey the Alta-Hualapai Site to By Mr. DODD (for himself and Mr. kota (Mr. JOHNSON) was added as a co- the city of Las Vegas, Nevada, for the devel- DEWINE): sponsor of S. 3677, a bill to amend title opment of a cancer treatment facility; to the S. 4098. A bill to improve the process for XVIII of the Social Security Act to Committee on Energy and Natural Re- the development of needed pediatric medical eliminate the in the home restriction sources. devices; to the Committee on Health, Edu- for Medicare coverage of mobility de- By Mr. MCCAIN: cation, Labor, and Pensions. vices for individuals with expected S. 4089. A bill to modernize and expand the f reporting requirements relating to child por- long-term needs. nography, to expand cooperation in com- SUBMISSION OF CONCURRENT AND S. 3744 bating child pornography, to require con- SENATE RESOLUTIONS At the request of Mr. DURBIN, the victed sex offenders to register online identi- The following concurrent resolutions names of the Senator from Louisiana fiers, and for other purposes; to the Com- mittee on the Judiciary. and Senate resolutions were read, and (Ms. LANDRIEU), the Senator from Alas- By Ms. LANDRIEU: referred (or acted upon), as indicated: ka (Mr. STEVENS) and the Senator from S. 4090. A bill to amend the Robert T. Staf- By Mr. KENNEDY (for himself and Mr. Hawaii (Mr. AKAKA) were added as co- ford Disaster Relief and Emergency Assist- KERRY): sponsors of S. 3744, a bill to establish

VerDate Aug 31 2005 10:21 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.104 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11326 CONGRESSIONAL RECORD — SENATE December 6, 2006 the Abraham Lincoln Study Abroad S. 4084. A bill to authorize the imple- minimize water supply impacts on Friant Program. mentation of the San Joaquin River water districts; and avoid reductions in water supply for third- S. 3768 Restoration Settlement; to the Com- party water contractors. At the request of Mr. LEAHY, the mittee on Energy and Natural Re- One of the major benefits of this set- name of the Senator from New Jersey sources. tlement is the restoration of a long- (Mr. MENENDEZ) was added as a cospon- Mrs. FEINSTEIN. Mr. President, I lost salmon fishery. The return of one sor of S. 3768, a bill to prohibit the pro- rise today to introduce—with my co- of California’s most important salmon curement of victim-activated land- sponsor Senator BOXER—a historic bill runs will create significant benefits for mines and other weapons that are de- that will end 18 years of litigation be- local communities in the San Joaquin signed to be victim-activated. tween the Natural Resources Defense Council, the Friant Water Authority, Valley, helping to restore a belea- S. 3791 and the U.S. Department of the Inte- guered fishing industry while improv- At the request of Mrs. HUTCHISON, the rior. The legislation will enact a settle- ing recreation and quality of life. name of the Senator from Georgia (Mr. ment that accomplishes the restora- The legislation provides for improve- CHAMBLISS) was added as a cosponsor of tion of California’s second longest ments to the San Joaquin River chan- S. 3791, a bill to require the provision river, the San Joaquin, while maintain- nel to allow salmon restoration to of information to parents and adults ing a stable water supply for the farm- begin in 2014. Beginning in that year, concerning bacterial meningitis and ers who have made the Valley bloom the river would see an annual flow re- the availability of a vaccination with and have supplied low-cost agricultural gime mandated by the settlement, with respect to such disease. products to Americans from coast to pulses of additional water in the spring S. 3813 coast. and greater flows available in wetter At the request of Mr. SMITH, the The alternative to a consensus reso- years. There is flexibility to add or name of the Senator from South Da- lution to this long-running western subtract up to 10 percent from the an- kota (Mr. JOHNSON) was added as a co- water battle basis is to continue the nual flows, as the best science dictates. sponsor of S. 3813, a bill to permit indi- fight. To my knowledge, every farmer A visitor to the revitalized river viduals who are employees of a grantee and every environmentalist who has channel in a decade will find an en- that is receiving funds under section considered the possibility of continued tirely different place providing recre- 330 of the Public Health Service Act to litigation believes that an outcome im- ation and relaxation for residents of enroll in health insurance coverage posed by a judge is likely to be worse small towns like Mendota, and a refuge provided under the Federal Employees for everyone on all counts: more cost- for residents of larger cities like Fres- Health Benefits Program. ly, riskier for the farmers, and less no. S. 4011 beneficial for the environment. The legislation I am introducing Because the settlement provides a At the request of Mr. COLEMAN, the today includes provisions to benefit the framework that all interests can ac- name of the Senator from Minnesota farmers of the San Joaquin Valley as cept, this legislation has the strong (Mr. DAYTON) was added as a cosponsor well as the salmon: In wet years, support of the Bush administration, of S. 4011, a bill to amend the Medicare Friant contractors can purchase sur- the Schwarzenegger administration, Prescription Drug, Improvement and plus flows at $10 per acre-foot for use in the environmental and fishing commu- Modernization Act of 2003 to restore dry years, far less than the approxi- nities and numerous California farmers State authority to waive the applica- mately $35 per acre-foot that they and water districts, including all 22 tion of the 35-mile rule to permit the would otherwise pay for this water. Friant water districts that have been The Secretary of the Interior is author- designation of a critical access hospital part of the litigation. in Cass County, Minnesota. ized to recirculate new restoration In announcing the signing of this San flows from the Delta via the California S. 4067 Joaquin River settlement in Sep- aqueduct and the Cross-Valley Canal to At the request of Mr. LEAHY, the tember, the Assistant Secretary of the provide additional supply for Friant. name of the Senator from South Da- Interior praised it as a ‘‘monumental Today’s legislation also includes sub- kota (Mr. JOHNSON) was added as a co- agreement.’’ And when the Federal stantial protections for other water sponsor of S. 4067, a bill to provide for court then approved the settlement in districts in California that were not secondary transmissions of distant net- late October, Secretary of the Interior party to the original settlement nego- work signals for private home viewing Dirk Kempthorne further praised set- tiations. These other water contractors by certain satellite carriers. tlement for launching ‘‘one of the larg- will be able to avoid all but the small- est environmental restoration projects S. 4080 est water impacts as a result of the set- in California’s history.’’ The Secretary At the request of Mr. STEVENS, the tlement, except on a voluntary basis. further observed that ‘‘This Settlement name of the Senator from Alaska (Ms. In addition, the restoration of flows closes a long chapter of conflict and MURKOWSKI) was added as a cosponsor for over 150 miles below Friant Dam, uncertainty in California’s San Joa- of S. 4080, a bill to amend title 17, and reconnecting the upper river to the quin Valley . . . and open[s] a new United States Code, with respect to critical San Joaquin-Sacramento chapter of environmental restoration settlement agreements reached with Delta, will be a welcome change for the and water supply certainty for the respect to litigation involving certain more than 22 million Californians who farmers and their communities.’’ secondary transmissions of supersta- rely on that crucial source for their tions and network stations. I share the Secretary’s strong support for this balanced and historic drinking water. S. RES. 622 Finally, restoring the San Joaquin as agreement, and it is my honor to join At the request of Mr. WARNER, the a living salmon river may ultimately with Senator BOXER and a bipartisan names of the Senator from Georgia help struggling fishing communities on group of California House Members in (Mr. ISAKSON) and the Senator from California’s north coast—and even into introducing legislation to approve and Maine (Ms. COLLINS) were added as co- southern Oregon. The restoration of authorize this settlement before we end sponsors of S. Res. 622, a resolution the San Joaquin and the government’s the 109th Congress. supporting the goals and ideals of a The legislation indicates how the set- commitment to reintroduce and re- ‘‘National Children and Families Day’’, tlement agreement forged by the par- build historic salmon populations pro- as established by the National Chil- ties is going to be implemented. It in- vide a rare bright spot for these com- dren’s Museum, on the fourth Saturday volves the Departments of the Interior munities. of June. and Commerce, and essentially gives In addition to congratulating the f the Secretary of the Interior the addi- parties for making a settlement that tional authority to: will enable the long-sought restoration STATEMENTS ON INTRODUCED of the San Joaquin River, I am mindful BILLS AND JOINT RESOLUTIONS take the actions to restore the San Joaquin River; of and remain committed to progress in By Mrs. FEINSTEIN (for herself reintroduce the California Central Valley implementing and funding the Decem- and Mrs. BOXER): Spring Run Chinook Salmon; ber 19, 2000, Trinity River restoration

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.103 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11327 record of decision and the Hoopa Val- et al., United States District Court, Eastern ject to any terms and conditions that the ley Tribe’s comanagement of the deci- District of California, No. CIV. S–88–1658– Secretary deems necessary to achieve the sion’s important goal of restoring the LKK/GGH. purposes of the Settlement. (c) ACCEPTANCE AND EXPENDITURE OF NON- fishery resources that the United SEC. 3. DEFINITIONS. In this Act, the terms ‘‘Friant Division FEDERAL FUNDS.—The Secretary is author- States holds in trust for the tribe. ized to accept and expend non-Federal funds Support of this agreement is almost long-term contractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water Ac- in order to facilitate implementation of the as far reaching as its benefits. This his- count’’, ‘‘Restoration Goal’’, and ‘‘Water Settlement. toric agreement would not have been Management Goal’’ have the meanings given (d) MITIGATION OF IMPACTS.—Prior to the possible without the participation of a the terms in the Settlement. implementation of decisions or agreements to construct, improve, operate, or maintain remarkably broad group of agencies, SEC. 4. IMPLEMENTATION OF SETTLEMENT. facilities that the Secretary determines are stakeholders and legislators, reaching (a) IN GENERAL.—The Secretary of the In- needed to implement the Settlement, the terior (referred to in this Act as the ‘‘Sec- far beyond the settling parties. The De- Secretary shall identify— retary’’) is hereby authorized and directed to partment of the Interior, the State of (1) the impacts associated with such ac- implement the terms and conditions of the California, the Friant Water Users Au- tions; and Settlement in cooperation with the State of thority, the Natural Resources Defense (2) the measures which shall be imple- California, including the following measures mented to mitigate impacts on adjacent and Council on behalf of 13 other environ- as these measures are prescribed in the Set- downstream water users and landowners. mental organizations and countless tlement: other stakeholders came together and (e) DESIGN AND ENGINEERING STUDIES.—The (1) Design and construct channel and struc- Secretary is authorized to conduct any de- spent countless hours with legislators tural improvements as described in para- sign or engineering studies that are nec- in Washington to ensure that we found graph 11 of the Settlement, provided, how- essary to implement the Settlement. a solution that the large majority of ever, that the Secretary shall not make or (f) EFFECT ON CONTRACT WATER ALLOCA- those affected could support. fund any such improvements to facilities or TIONS.—Except as otherwise provided in this Last month, California voters showed property of the State of California without section, the implementation of the Settle- the approval of the State of California and their support by approving Propo- ment and the reintroduction of California the State’s agreement in 1 or more Memo- Central Valley Spring Run Chinook salmon sitions 84 and 1E that will help pay for randa of Understanding to participate where the settlement by committing at least pursuant to the Settlement and section 10, appropriate. shall not result in the involuntary reduction $100 million and likely $200 million or (2) Modify Friant Dam operations so as to in contract water allocations to Central Val- more toward the restoration costs. In- provide Restoration Flows and Interim ley Project long-term contractors, other deed, this legislation includes a diverse Flows. than Friant Division long-term contractors. mix of approximately $200 million in (3) Acquire water, water rights, or options (g) EFFECT ON EXISTING WATER CON- direct Water User payments, new State to acquire water as described in paragraph 13 TRACTS.—Except as provided in the Settle- of the Settlement, provided, however, such ment and this Act, nothing in this Act shall payments, $240 million in dedicated acquisitions shall only be made from willing Friant Central Valley Project capital modify or amend the rights and obligations sellers and not through eminent domain. of the parties to any existing water service, repayments, and future Federal appro- (4) Implement the terms and conditions of repayment, purchase or exchange contract. priations limited to $250 million. This paragraph 16 of the Settlement related to re- SEC. 5. ACQUISITION AND DISPOSAL OF PROP- mix of funding sources is intended to circulation, recapture, reuse, exchange, or ERTY; TITLE TO FACILITIES. ensure that the river restoration pro- transfer of water released for Restoration (a) TITLE TO FACILITIES.—Unless acquired gram will be sustainable over time and Flows or Interim Flows, for the purpose of pursuant to subsection (b), title to any facil- truly a joint effort of Federal, State accomplishing the Water Management Goal ity or facilities, stream channel, levees, or of the Settlement, subject to— other real property modified or improved in and local agencies. (A) applicable provisions of California I would like to emphasize that the the course of implementing the Settlement water law; authorized by this Act, and title to any Federal funding in the bill is for imple- (B) the Secretary’s use of Central Valley modifications or improvements of such facil- mentation of both the restoration goal Project facilities to make Project water ity or facilities, stream channel, levees, or to reestablish a salmon fishery in the (other than water released from Friant Dam other real property— river, and the water management goal pursuant to the Settlement) and water ac- (1) shall remain in the owner of the prop- to avoid or minimize water supply quired through transfers available to exist- erty; and losses supplied by Friant Water Dis- ing south-of-Delta Central Valley Project (2) shall not be transferred to the United tricts. It is important to recognize that contractors; and States on account of such modifications or (C) the Secretary’s performance of the these efforts are of equal importance. improvements. Agreement of November 24, 1986, between the (b) ACQUISITION OF PROPERTY.— At the end of the day, I believe that United States of America and the Depart- (1) IN GENERAL.—The Secretary is author- this agreement is something that we ment of Water Resources of the State of ized to acquire through purchase from will- can all feel very proud of, and I urge California for the coordinated operation of ing sellers any property, interests in prop- my colleagues in the Senate to move the Central Valley Project and the State erty, or options to acquire real property quickly to approve this legislation and Water Project as authorized by Congress in needed to implement the Settlement author- provide the administration the author- section 2(d) of the Act of August 26, 1937 (50 ized by this Act. ization it needs to fully carry out its Stat. 850, 100 Stat. 3051), including any agree- (2) APPLICABLE LAW.—The Secretary is au- legal obligations and the extensive res- ment to resolve conflicts arising from said thorized, but not required, to exercise all of Agreement. the authorities provided in section 2 of the toration opportunities under the set- (5) Develop and implement the Recovered Act of August 26, 1937 (50 Stat. 844, chapter tlement. Water Account as specified in paragraph 832), to carry out the measures authorized in I ask unanimous consent that the 16(b) of the Settlement, including the pricing this section and section 4. text of the bill be printed in the and payment crediting provisions described (c) DISPOSAL OF PROPERTY.— RECORD. in paragraph 16(b)(3) of the Settlement, pro- (1) IN GENERAL.—Upon the Secretary’s de- Mr. President, I ask unanimous con- vided that all other provisions of Federal termination that retention of title to prop- sent that the text of the bill be printed reclamation law shall remain applicable. erty or interests in property acquired pursu- (b) AGREEMENTS.— ant to this Act is no longer needed to be held in the RECORD. (1) AGREEMENTS WITH THE STATE.—In order by the United States for the furtherance of S. 4084 to facilitate or expedite implementation of the Settlement, the Secretary is authorized Be it enacted by the Senate and House of Rep- the Settlement, the Secretary is authorized to dispose of such property or interest in resentatives of the United States of America in and directed to enter into appropriate agree- property on such terms and conditions as the Congress assembled, ments, including cost sharing agreements, Secretary deems appropriate and in the best SECTION 1. SHORT TITLE. with the State of California. interest of the United States, including pos- This Act may be cited as the ‘‘San Joaquin (2) OTHER AGREEMENTS.—The Secretary is sible transfer of such property to the State River Restoration Settlement Act’’. authorized to enter into contracts, memo- of California. SEC. 2. PURPOSE. randa of understanding, financial assistance (2) RIGHT OF FIRST REFUSAL.—In the event The purpose of this Act is to authorize im- agreements, cost sharing agreements, and the Secretary determines that property ac- plementation of the Stipulation of Settle- other appropriate agreements with State, quired pursuant to this Act through the ex- ment dated September 13, 2006 (referred to in tribal, and local governmental agencies, and ercise of its eminent domain authority is no this Act as the ‘‘Settlement’’), in the litiga- with private parties, including agreements longer necessary for implementation of the tion entitled NATURAL RESOURCES DE- related to construction, improvement, and Settlement, the Secretary shall provide a FENSE COUNCIL, et al. v. KIRK RODGERS, operation and maintenance of facilities, sub- right of first refusal to the property owner

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.100 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11328 CONGRESSIONAL RECORD — SENATE December 6, 2006 from whom the property was initially ac- ments of the Secretary contained in section fund, to be known as the ‘‘San Joaquin River quired, or his or her successor in interest, on 3407(c)(2) of the Reclamation Projects Au- Restoration Fund’’, into which the following the same terms and conditions as the prop- thorization and Adjustment Act of 1992 (Pub- shall be deposited and used solely for the erty is being offered to other parties. lic Law 102–575; 106 Stat. 4726). purpose of implementing the Settlement, to (3) DISPOSITION OF PROCEEDS.—Proceeds SEC. 8. NO PRIVATE RIGHT OF ACTION. be available for expenditure without further from the disposal by sale or transfer of any (a) IN GENERAL.—Nothing in this Act con- appropriation: such property or interests in such property fers upon any person or entity not a party to (1) Subject to subsection (d), at the begin- shall be deposited in the fund established by the Settlement a private right of action or ning of the fiscal year following enactment section 9(c). claim for relief to interpret or enforce the of this Act, all payments received pursuant SEC. 6. COMPLIANCE WITH APPLICABLE LAW. provisions of this Act or the Settlement. to section 3406(c)(1) of the Reclamation (a) APPLICABLE LAW.— (b) APPLICABLE LAW.—This section shall Projects Authorization and Adjustment Act (1) IN GENERAL.—In undertaking the meas- not alter or curtail any right of action or of 1992 (Public Law 102–575; 106 Stat. 4721). ures authorized by this Act, the Secretary claim for relief under any other applicable (2) Subject to subsection (d), the capital law. and the Secretary of Commerce shall comply component (not otherwise needed to cover with all applicable Federal and State laws, SEC. 9. APPROPRIATIONS; SETTLEMENT FUND. operation and maintenance costs) of pay- rules, and regulations, including the Na- (a) IMPLEMENTATION COSTS.— ments made by Friant Division long-term tional Environmental Policy Act of 1969 (42 (1) IN GENERAL.—The costs of imple- contractors pursuant to long-term water U.S.C. 4321 et seq.) and the Endangered Spe- menting the Settlement shall be covered by service contracts beginning the first fiscal cies Act of 1973 (16 U.S.C. 1531 et seq.), as nec- payments or in kind contributions made by year after the date of enactment of this Act. Friant Division contractors and other non- essary. The capital repayment obligation of such Federal parties, including the funds provided (2) ENVIRONMENTAL REVIEWS.—The Sec- contractors under such contracts shall be re- in paragraphs (1) through (5) of subsection retary and the Secretary of Commerce are duced by the amount paid pursuant to this (c), estimated to total $440,000,000, of which authorized and directed to initiate and expe- paragraph and the appropriate share of the the non-Federal payments are estimated to ditiously complete applicable environmental existing Federal investment in the Central total $200,000,000 (at October 2006 price levels) reviews and consultations as may be nec- Valley Project to be recovered by the Sec- and the amount from repaid Central Valley essary to effectuate the purposes of the Set- retary pursuant to Public Law 99-546 (100 Project capital obligations is estimated to tlement. Stat. 3050) shall be reduced by an equivalent total $240,000,000, the additional Federal ap- (b) EFFECT ON STATE LAW.—Nothing in this sum. propriation of $250,000,000 authorized pursu- Act shall preempt State law or modify any (3) Proceeds from a bond issue, federally- existing obligation of the United States ant to subsection (b)(1), and such additional funds authorized pursuant to subsection guaranteed loan, or other appropriate financ- under Federal reclamation law to operate ing instrument, to be issued or entered into the Central Valley Project in conformity (b)(2); provided however, that the costs of implementing the provisions of section by an appropriate public agency or subdivi- with State law. sion of the State of California pursuant to (c) USE OF FUNDS FOR ENVIRONMENTAL RE- 4(a)(1) shall be shared by the State of Cali- subsection (d)(2). VIEWS.— fornia pursuant to the terms of a Memo- (4) Proceeds from the sale of water pursu- (1) DEFINITION OF ENVIRONMENTAL REVIEW.— randum of Understanding executed by the ant to the Settlement, or from the sale of For purposes of this subsection, the term State of California and the Parties to the property or interests in property as provided ‘‘environmental review’’ includes any con- Settlement on September 13, 2006, which in- in section 5. sultation and planning necessary to comply cludes at least $110,000,000 of State funds. (5) Any non-Federal funds, including State with subsection (a). (2) ADDITIONAL AGREEMENTS.— cost-sharing funds, contributed to the United (2) PARTICIPATION IN ENVIRONMENTAL RE- (A) IN GENERAL.—The Secretary shall enter States for implementation of the Settle- VIEW PROCESS.—In undertaking the measures into 1 or more agreements to fund or implement, which the Secretary may expend with- authorized by section 4, and for which envi- ment improvements on a project-by-project out further appropriation for the purposes ronmental review is required, the Secretary basis with the State of California. for which contributed. may provide funds made available under this (B) REQUIREMENTS.—Any agreements en- Act to affected Federal agencies, State agen- tered into under subparagraph (A) shall pro- (d) GUARANTEED LOANS AND OTHER FINANC- cies, local agencies, and Indian tribes if the vide for recognition of either monetary or in- ING INSTRUMENTS.— Secretary determines that such funds are kind contributions toward the State of Cali- (1) IN GENERAL.—The Secretary is author- necessary to allow the Federal agencies, fornia’s share of the cost of implementing ized to enter into agreements with appro- State agencies, local agencies, or Indian the provisions of section 4(a)(1). priate agencies or subdivisions of the State tribes to effectively participate in the envi- (3) LIMITATION.—Except as provided in the of California in order to facilitate a bond ronmental review process. Settlement, to the extent that costs incurred issue, federally-guaranteed loan, or other ap- (3) LIMITATION.—Funds may be provided solely to implement this Settlement would propriate financing instrument, for the pur- under paragraph (2) only to support activi- not otherwise have been incurred by any en- pose of implementing this Settlement. ties that directly contribute to the imple- tity or public or local agency or subdivision (2) REQUIREMENTS.—If the Secretary and an mentation of the terms and conditions of the of the State of California, such costs shall appropriate agency or subdivision of the Settlement. not be borne by any such entity, agency, or State of California enter into such an agree- (d) NONREIMBURSABLE FUNDS.—The United subdivision of the State of California, unless ment, and if such agency or subdivision States’ share of the costs of implementing such costs are incurred on a voluntary basis. issues 1 or more revenue bonds, procures a this Act shall be nonreimbursable under Fed- (b) AUTHORIZATION OF APPROPRIATIONS.— federally secured loan, or other appropriate eral reclamation law, provided that nothing (1) IN GENERAL.—In addition to the funds financing to fund implementation of the Set- in this subsection shall limit or be construed provided in paragraphs (1) through (5) of sub- tlement, and if such agency deposits the pro- to limit the use of the funds assessed and section (c), there are also authorized to be ceeds received from such bonds, loans, or fi- collected pursuant to sections 3406(c)(1) and appropriated not to exceed $250,000,000 (at nancing into the Fund pursuant to sub- 3407(d)(2) of the Reclamation Projects Au- October 2006 price levels) to implement this section (c)(3), monies specified in paragraphs thorization and Adjustment Act of 1992 (Pub- Act and the Settlement, to be available until (1) and (2) of subsection (c) shall be provided lic Law 102–575; 106 Stat. 4721, 4727), for im- expended; provided however, that the Sec- by the Friant Division long-term contractors plementation of the Settlement, nor shall it retary is authorized to spend such additional directly to such public agency or subdivision be construed to limit or modify existing or appropriations only in amounts equal to the of the State of California to repay the bond, future Central Valley Project Ratesetting amount of funds deposited in the Fund (not loan or financing rather than into the Fund. Policies. including payments under subsection (c)(2), (3) DISPOSITION OF PAYMENTS.—After the SEC. 7. COMPLIANCE WITH CENTRAL VALLEY proceeds under subsection (c)(3) other than satisfaction of any such bond, loan, or fi- PROJECT IMPROVEMENT ACT. an amount equal to what would otherwise nancing, the payments specified in para- Congress hereby finds and declares that have been deposited under subsection (c)(1) graphs (1) and (2) of subsection (c) shall be the Settlement satisfies and discharges all of in the absence of issuance of the bond, and paid directly into the Fund authorized by the obligations of the Secretary contained in proceeds under subsection (c)(4)), the amount this section. section 3406(c)(1) of the Reclamation of in-kind contributions, and other non-Fed- Projects Authorization and Adjustment Act eral payments actually committed to the (e) LIMITATION ON CONTRIBUTIONS.—Pay- of 1992 (Public Law 102–575; 106 Stat. 4721), implementation of this Act or the Settle- ments made by long-term contractors who provided, however, that— ment. receive water from the Friant Division and (1) the Secretary shall continue to assess (2) OTHER FUNDS.—The Secretary is author- Hidden and Buchanan Units of the Central and collect the charges provided in section ized to use monies from the Fund created Valley Project pursuant to sections 3406(c)(1) 3406(c)(1) of the Reclamation Projects Au- under section 3407 of the Reclamation and 3407(d)(2) of the Reclamation Projects thorization and Adjustment Act of 1992 (Pub- Projects Authorization and Adjustment Act Authorization and Adjustment Act of 1992 lic Law 102–575; 106 Stat. 4721), as provided in of 1992 (Public Law 102–575; 106 Stat. 4727) for (Public Law 102–575; 106 Stat. 4721, 4727) and the Settlement and section 9(d); and purposes of this Act. payments made pursuant to paragraph (2) those assessments and collections shall (c) FUND.—There is hereby established 16(b)(3) of the Settlement and subsection continue to be counted towards the require- within the Treasury of the United States a (c)(2) shall be the limitation of such entities’

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.105 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11329 direct financial contribution to the Settle- feet per second to implement this Settle- (B) an evaluation of the effect, if any, of ment, subject to the terms and conditions of ment, Congress must have increased the ap- the reintroduction on the existing popu- paragraph 21 of the Settlement. plicable authorization ceiling provided by lation of California Central Valley Spring (f) NO ADDITIONAL EXPENDITURES RE- this Act in an amount at least sufficient to Run Chinook salmon existing on the Sac- QUIRED.—Nothing in this Act shall be con- cover the higher estimated Federal costs. ramento River or its tributaries; and strued to require a Federal official to expend SEC. 10. CALIFORNIA CENTRAL VALLEY SPRING (C) an assessment regarding the future of Federal funds not appropriated by Congress, RUN CHINOOK SALMON. the reintroduction. or to seek the appropriation of additional (a) FINDING.—Congress finds that the im- (e) FERC PROJECTS.— funds by Congress, for the implementation of plementation of the Settlement to resolve 18 (1) IN GENERAL.—With regard to California the Settlement. years of contentious litigation regarding res- Central Valley Spring Run Chinook salmon (g) REACH 4B.— toration of the San Joaquin River and the reintroduced pursuant to the Settlement, (1) STUDY.— reintroduction of the California Central Val- the Secretary of Commerce shall exercise its (A) IN GENERAL.—In accordance with the authority under section 18 of the Federal Settlement and the Memorandum of Under- ley Spring Run Chinook salmon is a unique and unprecedented circumstance that re- Power Act (16 U.S.C. 811) by reserving its standing executed pursuant to paragraph 6 of right to file prescriptions in proceedings for the Settlement, the Secretary shall conduct quires clear expressions of Congressional intent regarding how the provisions of the En- projects licensed by the Federal Energy Reg- a study that specifies— ulatory Commission on the Calaveras, (i) the costs of undertaking any work re- dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the goals of res- Stanislaus, Tuolumne, Merced, and San Joa- quired under paragraph 11(a)(3) of the Settle- quin rivers and otherwise consistent with ment to increase the capacity of Reach 4B toration of the San Joaquin River and the successful reintroduction of California Cen- subsection (c) until after the expiration of prior to reinitiation of Restoration Flows; the term of the Settlement, December 31, (ii) the impacts associated with reiniti- tral Valley Spring Run Chinook salmon. 2025, or the expiration of the designation ation of such flows; and (b) REINTRODUCTION IN THE SAN JOAQUIN made pursuant to subsection (b), whichever (iii) measures that shall be implemented to RIVER.—California Central Valley Spring ends first. mitigate impacts. Run Chinook salmon shall be reintroduced in (2) EFFECT OF SUBSECTION.—Nothing in this (B) DEADLINE.—The study under subpara- the San Joaquin River below Friant Dam subsection shall preclude the Secretary of graph (A) shall be completed prior to res- pursuant to section 10(j) of the Endangered Commerce from imposing prescriptions pur- toration of any flows other than Interim Species Act of 1973 (16 U.S.C. 1539(j)) and the suant to section 18 of the Federal Power Act Flows. Settlement, provided that the Secretary of (16 U.S.C. 811) solely for other anadromous (2) REPORT.— Commerce finds that a permit for the re- fish species because those prescriptions pro- (A) IN GENERAL.—The Secretary shall file a introduction of California Central Valley report with Congress not later than 90 days Spring Run Chinook salmon may be issued vide incidental benefits to such reintroduced after issuing a determination, as required by pursuant to section 10(a)(1)(A) of the Endan- California Central Valley Spring Run Chi- the Settlement, on whether to expand chan- gered Species Act of 1973 (16 U.S.C. nook salmon. (f) EFFECT OF SECTION.—Nothing in this nel conveyance capacity to 4500 cubic feet 1539(a)(1)(A)). section is intended or shall be construed— per second in Reach 4B of the San Joaquin (c) FINAL RULE.— (1) to modify the Endangered Species Act River, or use an alternative route for pulse (1) DEFINITION OF THIRD PARTY.—For the of 1973 (16 U.S.C. 1531 et seq.) or the Federal flows, that— purpose of this subsection, the term ‘‘third Power Act (16 U.S.C. 791a et seq.); or (i) explains whether the Secretary has de- party’’ means persons or entities diverting (2) to establish a precedent with respect to cided to expand Reach 4B capacity to 4500 or receiving water pursuant to applicable any other application of the Endangered Spe- cubic feet per second; and State and Federal law and shall include Cen- cies Act of 1973 (16 U.S.C. 1531 et seq.) or the (ii) addresses the following matters: tral Valley Project contractors outside of Federal Power Act (16 U.S.C. 791a et seq.). (I) The basis for the Secretary’s determina- the Friant Division of the Central Valley tion, whether set out in environmental re- Project and the State Water Project. By Mr. DEWINE: view documents or otherwise, as to whether (2) ISSUANCE.—The Secretary of Commerce S. 4086. A bill to improve data collec- the expansion of Reach 4B would be the pref- shall issue a final rule pursuant to section erable means to achieve the Restoration 4(d) of the Endangered Species Act of 1973 (16 tion efforts with respect to the safety Goal as provided in the Settlement, includ- U.S.C. 1533(d)) governing the incidental take of pregnant women and unborn chil- ing how different factors were assessed such of reintroduced California Central Valley dren in motor vehicle crashes, provide as comparative biological and habitat bene- Spring Run Chinook salmon prior to the re- for research and development of appro- fits, comparative costs, relative availability introduction. priate countermeasures, educate the of State cost-sharing funds, and the com- (3) REQUIRED COMPONENTS.—The rule issued public regarding motor vehicle safety parative benefits and impacts on water tem- under paragraph (2) shall provide that the re- risks affecting pregnant women and perature, water supply, private property, and introduction will not impose more than de unborn children, and for other pur- local and downstream flood control. minimis: water supply reductions, additional (II) The Secretary’s final cost estimate for storage releases, or bypass flows on unwill- poses; to the Committee on Commerce, expanding Reach 4B capacity to 4500 cubic ing third parties due to such reintroduction. Science, and Transportation. feet per second, or any alternative route se- (4) APPLICABLE LAW.—Nothing in this sec- Mr. DEWINE. Mr. President, during lected, as well as the alternative cost esti- tion— my 12 years in the Senate, I have al- mates provided by the State, by the Restora- (A) diminishes the statutory or regulatory ways fought to increase our Nation’s tion Administrator, and by the other parties protections provided in the Endangered Spe- commitment to children’s health and to the Settlement. cies Act for any species listed pursuant to safety. One of the areas where I have (III) The Secretary’s plan for funding the section 4 of the Endangered Species Act of had the privilege of working together costs of expanding Reach 4B or any alter- 1973 (16 U.S.C. 1533) other than the reintro- with Democrats and Republicans on native route selected, whether by existing duced population of California Central Val- Federal funds provided under this Act, by ley Spring Run Chinook salmon, including children’s issues is highway safety. non-Federal funds, by future Federal appro- protections pursuant to existing biological Whether the matter at hand was mak- priations, or some combination of such opinions or new biological opinions issued by ing school buses safer or enacting new sources. the Secretary or Secretary of Commerce; or motor vehicle safety standards that (B) DETERMINATION REQUIRED.—The Sec- (B) precludes the Secretary or Secretary of protect small children in crashes, I retary shall, to the extent feasible, make the Commerce from imposing protections under have always been fortunate to find fel- determination in subparagraph (A) prior to the Endangered Species Act of 1973 (16 U.S.C. low Senators committed to crafting undertaking any substantial construction 1531 et seq.) for other species listed pursuant legislation that will make a difference work to increase capacity in Reach 4B. to section 4 of that Act (16 U.S.C. 1533) be- in children’s lives. (3) COSTS.—If the Secretary’s estimated cause those protections provide incidental Federal cost for expanding Reach 4B in para- benefits to such reintroduced California Cen- One of the things I have learned over graph (2), in light of the Secretary’s funding tral Valley Spring Run Chinook salmon. the years is that the research, testing, plan set out in paragraph (2), would exceed (d) REPORT.— and public awareness programs oper- the remaining Federal funding authorized by (1) IN GENERAL.—Not later than December ated by the National Highway Traffic this Act (including all funds reallocated, all 31, 2024, the Secretary of Commerce shall re- Safety Administration—NHTSA—play funds dedicated, and all new funds author- port to Congress on the progress made on the a major role helping prevent injuries ized by this Act and separate from all com- reintroduction set forth in this section and and saving lives on our roads. We lose mitments of State and other non-Federal the Secretary’s plans for future implementa- over 42,000 lives each year in motor ve- funds and in-kind commitments), then before tion of this section. the Secretary commences actual construc- (2) INCLUSIONS.—The report under para- hicle crashes, but that total would be tion work in Reach 4B (other than planning, graph (1) shall include— astronomically higher without the design, feasibility, or other preliminary (A) an assessment of the major challenges, work done by NHTSA and its partners. measures) to expand capacity to 4500 cubic if any, to successful reintroduction; As vehicles have changed, technologies

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.105 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11330 CONGRESSIONAL RECORD — SENATE December 6, 2006 have matured, and the safety chal- biofidelic crash-test dummies capable deaths in children aged 0 through 15, firearm lenges facing the driving public have of simulating a pregnant woman and related deaths in children aged 0 through 9, shifted over time, NHTSA has re- her child during dangerous crashes. and motor vehicle crash related deaths in sponded by instituting new programs. Sadly, we have functional dummies children aged 0 through 1. (5) Studies suggest that approximately 3 Sometimes, however, it takes a little that accurately simulate men, women, percent of all babies born in the United action by Congress to get NHTSA mov- and children—but none for pregnant States are involved in a motor vehicle crash ing on these important safety objec- women. while in utero. tives. I strongly urge my colleagues to take (6) Studies have shown that elevated risks Today, I rise to introduce a measure up and pass this legislation during the of birth-related threats and obstetric com- that I hope my colleagues will consider 110th Congress. Members of the Senate plications following crashes involving preg- in the future as they continue to work and leaders at NHTSA work hard every nant women include— on highway safety issues. I also hope year to do their best to improve high- (A) premature childbirth; that this bill might spur additional ac- (B) low birth weight; way safety here in the United States, (C) placental injury; tion by NHTSA. and I believe the measures outlined in (D) uterine rupture; and In speaking with leading safety advo- this bill have the potential to make a (E) amniotic rupture. cates, I have come to understand just lasting contribution to those efforts in (7) Despite advances in vehicle safety, how significant the safety challenges the years ahead. pregnant women have not received the spe- are for pregnant women and their un- Mr. President, I ask unanimous con- cial attention and consideration needed to born children in motor vehicle crashes. sent that the text of the bill, the Ma- understand, reduce, and prevent the risks of Yet despite these great challenges and ternal Motor Vehicle Crash Safety Act adverse pregnancy outcomes related to the importance we all place on ensur- crashes. of 2006, be printed in the RECORD. (8) There is a need for more research and ing maternal health and safety, we Mr. President, I ask unanimous con- application using anthropometric test de- know very little about the way crash sent that the text of the bill be printed vices and computerized modeling systems forces affect mothers and their unborn in the RECORD. that represent pregnant women during all children over both the short-term and S. 4086 stages of pregnancy. (9) During pregnancy, the risks of trau- long-term. While university research- Be it enacted by the Senate and House of Rep- matic injury to a woman is shared by the ers have begun to document some of resentatives of the United States of America in woman’s unborn child. Assessing the mag- the chief safety challenges facing preg- Congress assembled, nant mothers, we need to do more to nitude and characteristics of those risks SECTION 1. SHORT TITLE. through data linkage systems, comparing fully understand these issues and to de- This Act may be cited as the ‘‘Maternal the risks to other injuries and diseases, and velop ways of applying what we have Motor Vehicle Crash Safety Act of 2006’’. reducing them, are important unmet chal- learned in manufacturing vehicles that SEC. 2. DEFINITIONS. lenges for improving maternal and child are safer for pregnant women and their In this Act: health. unborn children. (1) ADMINISTRATOR.—The term ‘‘Adminis- (10) A better understanding is needed about Additionally, we need to do a better trator’’ means the Administrator of the Na- what can happen during, and after, a preg- job communicating the immediate and tional Highway Traffic Safety Administra- nant woman is involved in a motor vehicle lifelong safety risks associated with tion. crash. This includes the effects of a crash on motor vehicle crashes to pregnant (2) APPROPRIATE CONGRESSIONAL COMMIT- the mother, the unborn child, and the deli- TEES.—The term ‘‘appropriate congressional cate physiological balance between the mothers so that they can do everything committees’’ means the Committee on Ap- mother and child that separates healthy possible to ensure not only their own propriations and Committee on Commerce, from unhealthy pregnancies, including the health, but that of their babies. Some- Science, and Transportation of the Senate effects of maternal physiologic adaptations times, these steps may be as simple as and the Committee on Appropriations and to trauma, fluid loss and shock, effects from making sure that safety belts are worn the Committee on Energy and Commerce of maternal stress, effects from diagnostic regi- and positioned properly. At some point, the House of Representatives. mens, medical or surgical procedures, or the technologies may become available on (3) BIOFIDELIC.—The term ‘‘biofidelic’’ wide variety of prescription medicines, and the market designed specifically to means having the property of responding to other medication taken by the mother. and being impacted by crash and other exter- (11) Despite the importance of the health of cater to the motor vehicle safety needs nal forces in a manner directly consistent mothers and unborn children involved in of pregnant women. with the way in which a live human being motor vehicle crashes, agencies and data To achieve these goals and ulti- would respond to and be impacted by such linkage systems responsible for tracking mately to prevent injuries and save forces. motor vehicle injuries, deaths, and other lives, we need NHTSA to act and we (4) DATA LINKAGE SYSTEM.—The term ‘‘data measures of adverse outcome rarely capture need to provide new resources for re- linkage system’’ means an information sys- pregnancy status. search and testing. The bill I am intro- tem that is capable of accurately tracking (12) Existing data collection and analysis ducing today does precisely that. adverse health effects and birth outcomes for systems generally do not count unborn chil- The Maternal Motor Vehicle Crash pregnant women who are occupants of a dren involved in motor vehicle crashes and motor vehicle that is involved in a crash and do not follow them after their birth to ascer- Safety Act of 2006 addresses these the unborn children of such women, through tain the effects of the crash on long-term issues in a number of ways. First, the the connection and analysis of multiple data neuro-developmental and functional out- bill presents findings defining the chal- sources. comes. lenges facing pregnant women and (5) UNBORN CHILD.—The term ‘‘unborn SEC. 4. SENSE OF CONGRESS ON IMPROVEMENTS their unborn children in motor vehicle child’’ means a member of the species homo TO THE NATIONAL AUTOMOTIVE crashes. I particularly want to thank sapiens, at any stage of development, who is SAMPLING SYSTEM CRASH- Dr. Hank Weiss of the University of carried in the womb. WORTHINESS DATA SYSTEM. Pittsburgh for his assistance in bring- SEC. 3. FINDINGS. It is the sense of Congress that the Admin- istrator— ing this important research to my at- Congress makes the following findings: (1) Injuries are the leading cause of preg- (1) should continue to include in the Na- tention. tional Automotive Sampling System Crash- Second, the bill contains sections nancy-associated deaths in the United States. worthiness Data System maintained by the providing incentives for states to link (2) Motor vehicle crashes are the leading Administrator data related to motor vehicle various databases in a way that will cause of injury deaths in women of reproduc- crashes that involved a pregnant women; and lead to a better understanding of the tive age and the leading cause of injury hos- (2) should identify other means to advance number of mothers and babies that are pitalizations among pregnant women. the current level of understanding regarding impacted by motor vehicle crashes (3) Studies have indicated that motor vehi- the number, nature, and impact of motor ve- each year and what the long-term cles are estimated to account for up to 80 hicle crashes involving pregnant women and percent of injury related deaths among un- their unborn children through data collec- health impacts are for children who tion, data linkage systems, and analysis sys- were involved in crashes before being born children. (4) Transportation Research Board publica- tems. born. Furthermore, the bill sets several tions indicate that deaths among unborn SEC. 5. GRANTS FOR DATA LINKAGE SYSTEMS high priority research areas for children due to motor vehicle crashes are PROGRAMS. NHTSA, including an investigation more frequent than several notable fatal (a) IN GENERAL.—The Administrator shall, into computer modeling systems and childhood injuries, including bicycle related in consultation with appropriate officials of

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Such program tions, carry out a program to provide grants TIONAL CONFERENCE. shall include making information regarding and other incentives, including technical as- (a) SAFETY RESEARCH PROGRAM.— the injury-prevention value of proper safety sistance to eligible entities for the purpose (1) REQUIREMENT TO CONDUCT.—The Admin- belt and airbag use available to the public. described in subsection (b). istrator shall conduct a research program as (b) TARGETED OUTREACH.—The Adminis- (b) PURPOSE.—A grant or other incentive described in this section to promote the trator shall carry out the program described provided under this section shall be used to health and safety of pregnant women who in subsection (a) in a manner that utilizes promote the development of data linkage are involved in motor vehicle crashes and of media and organizational partners to effec- systems described in subsection (e). their unborn children. tively educate pregnant women, ensure an (c) ELIGIBLE ENTITY.—In this section, the (2) HIGH PRIORITY RESEARCH AREAS.—In car- overall educational impact, and efficiently term ‘‘eligible entity’’ means an academic, rying out the research program under this utilize the program’s resources. public health, or transportation safety orga- section, the Administrator shall place a high (c) PROGRAM INITIATION AND DURATION.— nization or a State or local government priority on conducting research to— The Administrator shall initiate the pro- agency that the Administrator determines is (A) investigate methods to maximize the gram described in subsection (a) not later appropriate to receive a grant or incentive injury prevention performance of standard 3- than 12 months after the date of the enact- under this section. point safety belts for pregnant women during ment of this Act, and shall maintain such all stages of pregnancy; (d) APPLICATION AND AWARD PROCESS.— program for not less than 24 months, subject (B) analyze the effectiveness of tech- (1) APPLICATIONS.—Each eligible entity to the availability of funds. seeking a grant under this section shall sub- nologies designed to modify or extend the SEC. 8. INCLUSION OF SAFETY DATA IN ANNUAL mit an application to the Administrator at safety performance of 3-point safety belts for ASSESSMENT. such time and in such manner as the Admin- pregnant women across a range of pregnancy (a) IN GENERAL.—Subject to subsection (b), istrator may require. phases, including technologies currently the Administrator shall include a discussion available in the marketplace; (2) AWARDS.—Not later than 180 days after of data regarding the safety of pregnant the date of the enactment of this Act, the (C) develop biofidelic, anthropometric test women who are involved in motor vehicle Administrator shall establish— devices that are representative of pregnant crashes and of their unborn children, includ- (A) the criteria for awarding a grant or in- women during all stages of pregnancy; and ing any relevant trends in such data, in each centive under this section; and (D) develop biofidelic, computer models of the Annual Assessment of Motor Vehicle (B) a competitive, merit-based process to that are representative of pregnant women Crashes published by the National Center for select applications to receive a grant or in- during all stages of pregnancy to aid in un- Statistics and Analysis of the National High- centive under this section. derstanding crash forces relevant to the safe- way Traffic Safety Administration or an ty of pregnant women and unborn children (3) PUBLICATION.—Not later than 180 days equivalent publication of such Center. after the date of the enactment of this Act, that may include the utilization of existing (b) REPORT TO CONGRESS.—If the Adminis- the Administrator shall publish in the Fed- modeling systems developed by private and trator determines that including the infor- eral Register the criteria and process de- academic institutions, if appropriate. mation described in subsection (a) in the An- (b) NATIONAL CONFERENCE.— scribed in paragraph (2). nual Assessment of Motor Vehicle Crashes or (1) REQUIREMENT TO CONVENE.—Not later (e) PROGRAM STRUCTURE.—The data link- an equivalent publication is not feasible, the than 18 months after the date of the enact- age systems eligible to receive assistance Administrator shall submit a report to the ment of this Act, the Administrator, in con- under this section are systems that use the appropriate congressional committees not sultation with the heads of other appropriate following sources: later than 60 days after the date of the re- Federal agencies, shall convene a national (1) State and local vital statistics data- lease of such Annual Assessment or equiva- research conference for the purpose of identi- bases, including birth, infant, and death lent publication that states the reasons that fying critical scientific issues for research on records. it was not feasible to include such informa- the safety of pregnant women involved in (2) State and local crash and driver’s lition and an analysis of the steps necessary to motor vehicle crashes and their unborn chil- cense records. make such information available in the fu- dren. (3) Other computerized health records as ture. (2) PURPOSE OF THE CONFERENCE.—The pur- available, including emergency medical serv- pose of the conference required by paragraph ices reports and hospital and emergency By Mr. CRAPO (for himself, Mrs, (1) shall be to establish and prioritize a list room admission and discharge records. LINCOLN, Mr. GRASSLEY, Mr. of research questions to guide future re- XISTING DATA SYSTEMS.—To the max- BAUCUS, and Mr. ALLARD). (f) E search related to the safety of pregnant imum extent possible, the Administrator women involved in motor vehicle crashes S. 4087. A bill to amend the Internal shall integrate the grant and incentive pro- and their unborn children. Revenue Code to provide a tax credit to gram carried out under this section with the (3) AUTHORITY TO PARTNER WITH OTHER OR- individuals who enter into agreements existing State specific Crash Outcome Data GANIZATIONS.—The Administrator is author- to protect the habitats of endangered Evaluation Systems carried out by the Ad- ized to carry out the conference required by and threatened species, and for other ministrator to utilize the capabilities, link- paragraph (1) in a partnership with organiza- purposes; to the Committee on Fi- age expertise, and organizational relation- tions recognized for expertise related to the ships of such Systems to provide a founda- nance. research described in paragraph (2). Mr. CRAPO. Mr. President, I rise tion for improving the tracking of adverse (c) REPORT REQUIRED.—Not later than 2 health effects and birth outcomes for preg- years after the date of the enactment of this today with my colleagues—Senator nant women who are occupants of a motor Act, the Administrator shall submit to the LINCOLN from Arkansas, Senator vehicle at the time of a crash and their un- appropriate congressional committees a re- CHARLES GRASSLEY from Iowa, and born children. port that describes— Senator MAX BAUCUS from Montana— (g) DATA SECURITY AND PRIVACY.—In car- (1) the research program carried out by the to introduce the Endangered Species rying out this section, the Administrator Administration pursuant to subsection (a), Recovery Act or ESRA. Nearly a year and any eligible entity selected to receive a including any findings or conclusions associ- ago, Senator LINCOLN and I introduced grant or incentive under this section for a ated with such research program; and data linkage system shall ensure that per- (2) the priorities established at the na- the Collaboration for the Recovery of sonal identifiers and other information uti- tional conference required by subsection (b), the Endangered Species Act, or lized in that data linkage system related to plans for regulations or future programs, or CRESA, an earlier bill to amend the a specific individual is handled in a manner factors limiting the effectiveness of such re- Endangered Species Act or ESA. This consistent with all applicable Federal, State, search. new bill, which does not amend the and local laws and regulations and to ensure (d) AUTHORIZATION OF APPROPRIATIONS.— current ESA, builds on ideas set forth the confidentiality of such information, and (1) IN GENERAL.—For each of the fiscal in CRESA. It creates new policies that in the manner necessary to prevent the years 2007, 2008, and 2009, there are author- theft, manipulation, or other unlawful or un- ized to be appropriated such sums as nec- finance the recovery of endangered spe- authorized use of personal information con- essary to carry out this section. cies by private landowners. ESRA tained in data sources used for linkage stud- (2) AVAILABILITY OF FUNDS.—Funds appro- makes it simpler for landowners to get ies. priated pursuant to the authorization of ap- involved in conservation and reduces (h) AUTHORIZATION OF APPROPRIATIONS.— propriations in paragraph (1) shall remain the conflict often emanating from the (1) IN GENERAL.—There are authorized to be available until expended. ESA. It will be an important codifica- appropriated $2,500,000 for each of the fiscal SEC. 7. PUBLIC OUTREACH AND EDUCATION. tion of much-needed incentives to help years 2007, 2008, 2009, and 2010 to carry out (a) IN GENERAL.—The Administrator shall recover endangered species. this section. conduct a public outreach and education pro- Over 80 percent of endangered species (2) AVAILABILITY OF FUNDS.—Funds appro- gram to increase awareness of the unique priated pursuant to the authorization of ap- safety risks associated with motor vehicle live on private property. Under the cur- propriations in paragraph (1) shall remain crashes for pregnant women and the unborn rent law, however, there are too few in- available until expended. children of such women and of the methods centives and too many obstacles for

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For agree- and preserving rural ways of life. I look recovery of species under the ESA. ments without easements, there is forward to working with my colleagues This bill resulted from effective and flexibility to do what is necessary for in the Senate and House to move ahead inclusive collaboration among key the concerned species without the need with this legislation which will allow stakeholders most affected by the im- to sacrifice property rights into per- better, more effective conservation plementation of the ESA. Landowner petuity. work for future generations. interests include farmers, ranchers, The tax credits provide essential I am deeply grateful to my col- and those from the natural resource- funding that is necessary to respect leagues from Arkansas, Iowa and Mon- using communities. For example, some private property rights. Wildlife should tana for their essential expertise and current supporters of ESRA who con- be an asset rather than a liability; support to create ESRA. I ask unani- tributed invaluable advice are the which is how it has sometimes been mous consent that the text of the bill American Farm Bureau, the National viewed under the ESA. With wildlife be printed in the RECORD. Cattlemen’s Beef Association, and the becoming valuable to a landowner, Mr. President, I ask unanimous con- Society of American Foresters. This those who may been reluctant to par- sent that the text of the bill be printed could not rightly be called a collabo- ticipate in recovery efforts in the past in the RECORD. rative project without the vital and will be more likely to contribute with S. 4087 necessary input received from the De- these incentives. When people want to Be it enacted by the Senate and House of Rep- fenders of Wildlife, Environmental De- take part in the process and do not fear resentatives of the United States of America in fense and the National Wildlife Federa- it, the likelihood of conflict and litiga- Congress assembled, tion—key environmental groups that SECTION 1. SHORT TITLE. tion is reduced. For years, this type of This Act may be cited as the ‘‘Endangered made significant contributions. And conflict has proven costly not only in Species Recovery Act of 2006’’. they further understand that land- dollars to individuals and the govern- SEC. 2. ENDANGERED SPECIES RECOVERY CRED- owners must be treated as allies to en- ment, but also in terms of relation- IT. sure success in the long-run for the ships between people who share the (a) IN GENERAL.—Subpart B of part IV of conservation of habitat and species. Fi- land and natural resources. With a new subchapter A of chapter 1 of the Internal nally, while the genesis of this bill has trust and new model for finding con- Revenue Code of 1986 is amended by adding many roots, a passionate catalyst was servation solutions, we can do more at the end the following new section: James Cummins of Mississippi Fish ‘‘SEC. 30D. ENDANGERED SPECIES RECOVERY and better conservation work. CREDIT. and Wildlife Foundation, whose passion Provisions have been made to accom- ‘‘(a) IN GENERAL.—In the case of an eligible for the outdoors provided inspiration modate landowners whose taxes may be taxpayer, there shall be allowed as a credit to move these ideas forward. less than the tax credit provides. Part- against the tax imposed by this chapter for This collaborative expertise worked nerships in the agreements will allow the taxable year an amount equal to the sum together to craft the ESRA, which pro- any party to an agreement to receive a of— vides new tax incentives for private credit as long as they pay or incur ‘‘(1) the habitat protection easement cred- landowners who voluntarily contribute costs as a result of the agreement. This it, plus to the recovery of endangered species. ‘‘(2) the habitat restoration credit. language will allow creative collabora- ‘‘(b) LIMITATION.— The tax credits will reimburse land- tion among governments, landowners, ‘‘(1) IN GENERAL.—The credit allowed under owners for property rights affected by taxpayers and environmentalists, fur- subsection (a) for any eligible taxpayer for agreements that include conservation ther increasing the number of people any taxable year shall not exceed the endan- easements and costs incurred by spe- involved in finding new solutions for gered species recovery credit limitation allo- cies management plans. For land- conservation. cated to the eligible taxpayer under sub- owners who limit their property rights Furthermore, this bill also expands section (f) for the calendar year in which the through conservation easements, there tax deductions for any landowner who taxpayer’s taxable year ends. ‘‘(2) CARRYFORWARDS.— will be 100 percent compensation of all takes part in the recovery plans ap- ‘‘(A) IN GENERAL.—If the amount of the costs. That percentage declines to 75 proved under the ESA, and allows land- credit allowable under subsection (a) for any percent for 30-year easements and 50 owners to exclude from taxable income taxpayer for any taxable year exceeds the percent for cost-share agreements not certain federal payments under con- endangered species recovery credit limita- encumbered by an easement. servation costshare programs. This will tion allocated under subsection (f) to such It is worth noting that this is the allow both individuals and businesses taxpayer for the calendar year in which the same formula that works successfully to deduct the cost of recovery work taxpayer’s taxable year ends, such excess for farm bill programs such as the Wet- without bureaucratic obstacles. may be carried forward to the next taxable lands Reserve Program. Private prop- This bill not only sets forth the fi- year for which such taxpayer is allocated a portion of the endangered species recovery erty owners are appropriately rewarded nancing for private landowners, but it credit limitation. for crucial ecological services that also makes it easier to implement the ‘‘(B) CARRYFORWARD OF ALLOCATION they provide with their property. The agreements. Landowners will receive AMOUNT.—If the amount of the endangered public benefits from those actions technical assistance to implement the species recovery credit limitation allocated which ensure biodiversity; instead of agreements. Also, to remove some to an eligible taxpayer for any calendar year placing the financial burdens on the legal disincentives to recover species, under subsection (f) exceeds the amount of landowner, we ought to find appro- liability protection may be provided to the credit allowed to the taxpayer under sub- priate ways to compensate them. While protect the landowners from penalties section (a) for the taxable year ending in such calendar year, such excess may be car- the primary returns from this invest- under the ESA. This removes the fear ried forward to the next taxable year of the ment are protection and recovery of of trying to help species; currently, taxpayer. For purposes of this paragraph, endangered species, the public will also more species usually just means more any amount carried to another taxable year undoubtedly gain additional benefits liability for a landowner. under this subparagraph shall be treated as such as aesthetically pleasing open As a result of these incentives, I ex- allocated to the taxpayer for use in such tax- space, combating invasive species and pect to see a phenomenal increase in able year under subsection (f). enhanced water quality. the number of success stories. These ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of The legislation provides a list of op- stories will sound familiar to those cre- this section— ‘‘(1) IN GENERAL.—The term ‘eligible tax- tions that give landowners a choice, ative collaborators working on the payer’ means— and this is a crucial element for the ground now where we have learned that ‘‘(A) a taxpayer who— success of this proposal. For some land- the types of tools provided in this bill ‘‘(i) owns real property which contains the owners, a conservation easement will can work if consistently offered. habitat of a qualified species, and

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‘‘(ii) enters into a qualified perpetual habi- protection agreement during such taxable ‘‘(f) ENDANGERED SPECIES RECOVERY CREDIT tat protection agreement, a qualified 30-year year, 75 percent of such excess, and LIMITATION.— habitat protection agreement, or a qualified ‘‘(C) in the case of any other eligible tax- ‘‘(1) IN GENERAL.—There is an endangered habitat protection agreement with the ap- payer, zero. species recovery credit limitation for each propriate Secretary with respect to such real ‘‘(2) REDUCTION FOR AMOUNT RECEIVED FOR calendar year. Such limitation is — property, and EASEMENT.—The credit allowed under sub- ‘‘(A) for 2007, 2008, 2009, 2010, and 2011— ‘‘(B) any other taxpayer who— section (a)(1) shall be reduced by any amount ‘‘(i) $300,000,000 with respect to qualified ‘‘(i) is a party to a qualified perpetual habi- received by the taxpayer in connection with perpetual habitat protection agreements, tat protection agreement, a qualified 30-year the easement. ‘‘(ii) $60,000,000 with respect to qualified 30- habitat protection agreement, or a qualified ‘‘(3) LIMITATION BASED ON AMOUNT OF TAX.— year habitat protection agreements, and habitat protection agreement, and The credit allowed under subsection (a)(1) for ‘‘(iii) $40,000,000 with respect to qualified ‘‘(ii) as part of any such agreement, agrees any taxable year shall not exceed the sum habitat protection agreements, and to assume responsibility for costs paid or in- of— ‘‘(B) except as provided in paragraph (3), curred in protecting or preserving the habi- ‘‘(A) the taxpayer’s regular tax liability for zero thereafter. the taxable year reduced by the sum of the tat which is the subject of such agreement. ‘‘(2) ALLOCATION OF LIMITATION.— credits allowable under subpart A and sec- ‘‘(2) QUALIFIED PERPETUAL HABITAT PROTEC- ‘‘(A) IN GENERAL.—The Secretary, in con- tions 27, 30, 30B, and 30C, and TION AGREEMENT.—The term ‘qualified per- sultation with the Secretary of the Interior ‘‘(B) the tax imposed by section 55(a) for petual habitat protection agreement’ means and the Secretary of Commerce, shall allo- the taxable year. an agreement— cate the endangered species recovery credit ‘‘(A) under which the taxpayer grants to ‘‘(4) CARRYFORWARD OF UNUSED CREDIT.—If the credit allowable under subsection (a)(1) limitation to eligible taxpayers. the appropriate Secretary, the Secretary of ‘‘(B) CONSIDERATIONS.—In making alloca- Agriculture, or a State an easement in per- for any taxable year exceeds the limitation imposed by paragraph (3) for such taxable tions to eligible taxpayers under this sec- petuity for the protection of the habitat of a tion, priority shall be given to taxpayers qualified species, and year, such excess shall be carried to the succeeding taxable year and added to the credit with agreements— ‘‘(B) which meets the requirements of para- ‘‘(i) relating to habitats that will signifi- graph (5). allowable under subsection (a)(1) for such succeeding taxable year. cantly increase the likelihood of recovering ‘‘(3) QUALIFIED 30-YEAR HABITAT PROTECTION and delisting a species as an endangered spe- AGREEMENT.—The term ‘qualified 30-year ‘‘(5) QUALIFIED APPRAISALS REQUIRED.—No amount shall be taken into account under cies or a threatened species (as defined under habitat protection agreement’ means an section 2 of the Endangered Species Act of agreement— this subsection unless the eligible taxpayer 1973), ‘‘(A) under which the taxpayer grants to includes with the taxpayer’s return for the ‘‘(ii) that are cost-effective and maximize the appropriate Secretary, the Secretary of taxable year a qualified appraisal (within the the benefits to a qualified species per dollar Agriculture, or a State an easement for a pe- meaning of section 170(f)(11)(E)) of the real expended, riod of not less than 30 years and less than property. ‘‘(e) HABITAT RESTORATION CREDIT.— ‘‘(iii) relating to habitats of species which perpetuity for the protection of the habitat ‘‘(1) IN GENERAL.—For purposes of sub- have a federally approved recovery plan pur- of a qualified species, and section (a)(2), the habitat restoration credit suant to section 4 of the Endangered Species ‘‘(B) which meets the requirements of para- for any taxable year shall be an amount Act of 1973, graph (5). equal to— ‘‘(iv) relating to habitats with the poten- ‘‘(4) QUALIFIED HABITAT PROTECTION AGREE- ‘‘(A) in the case of a qualified perpetual tial to contribute significantly to the im- MENT.—The term ‘qualified habitat protec- habitat protection agreement, 100 percent of tion agreement’ means an agreement— provement of the status of a qualified spe- the costs paid or incurred by an eligible tax- cies, ‘‘(A) under which the taxpayer enters into payer during such taxable year pursuant to an agreement with the appropriate Sec- ‘‘(v) relating to habitats with the potential such agreement, to contribute significantly to the eradication retary, the Secretary of Agriculture, or a ‘‘(B) in the case of a qualified 30-year habi- State to protect the habitat of a qualified or control of invasive species that are imper- tat protection agreement, 75 percent of the iling a qualified species, species for a specified period of time, and costs paid or incurred by an eligible taxpayer ‘‘(B) which meets the requirements of para- ‘‘(vi) with habitat management plans that during such taxable year pursuant to such will manage multiple qualified species, graph (5). agreement, and ‘‘(5) REQUIREMENTS.—An agreement meets ‘‘(vii) with habitat management plans that ‘‘(C) in the case of a qualified habitat pro- will create adjacent or proximate habitat for the requirements of this paragraph if— tection agreement, 50 percent of the costs ‘‘(A) the agreement is not inconsistent the recovery of a qualified species, paid or incurred by an eligible taxpayer dur- ‘‘(viii) relating to habitats for qualified with any recovery plan which has been ap- ing such taxable year pursuant to such species with an urgent need for protection, proved for a qualified species under section 4 agreement. ‘‘(ix) with habitat management plans that of the Endangered Species Act of 1973, ‘‘(2) LIMITATION BASED ON AMOUNT OF TAX.— assist in preventing the listing of a species ‘‘(B) the appropriate Secretary and the eli- The credit allowed under subsection (a)(2) for as endangered or threatened under the En- gible taxpayer enter into a habitat manage- any taxable year shall not exceed the excess dangered Species Act of 1973 or a similar ment plan designed to— (if any) of— State law, ‘‘(i) restore or enhance the habitat of a ‘‘(A) the regular tax liability for the tax- ‘‘(x) with habitat management plans that qualified species, or able year reduced by the sum of the credits may resolve conflicts between the protection ‘‘(ii) reduce threats to a qualified species allowable under subpart A and sections 27, of qualified species and otherwise lawful through the management of the habitat, and 30, 30B, and 30C, over human activities, and ‘‘(C) the appropriate Secretary ensures ‘‘(B) the tentative minimum tax for the ‘‘(xi) with habitat management plans that that the eligible taxpayer is provided with taxable year. may resolve conflicts between the protection technical assistance in carrying out the du- ‘‘(3) CARRYFORWARD OF UNUSED CREDIT.—If of a qualified species and military training ties of the taxpayer under the terms of the the credit allowable under subsection (a)(2) or other military operations. agreement. for any taxable year exceeds the limitation ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If ‘‘(d) HABITAT PROTECTION EASEMENT CRED- imposed by paragraph (2) for such taxable for any calendar year the limitation under IT.— year, such excess shall be carried to the suc- paragraph (1) (after the application of this ‘‘(1) IN GENERAL.—For purposes of sub- ceeding taxable year and added to the credit paragraph) exceeds the amount allocated to section (a)(1), the habitat protection ease- allowable under subsection (a)(2) for such all eligible taxpayers for such calendar year, ment credit for any taxable year is an succeeding taxable year. the limitation amount for the following cal- amount equal to— ‘‘(4) SPECIAL RULES.— endar year shall be increased by the amount ‘‘(A) in the case of an eligible taxpayer who ‘‘(A) CERTAIN COSTS NOT INCLUDED.—No of such excess. has entered into a qualified perpetual habi- credit shall be allowed under subsection tat protection agreement during such tax- (a)(2) for any cost which is paid or incurred ‘‘(g) OTHER DEFINITIONS AND SPECIAL able year, 100 percent of the excess (if any) by a taxpayer to comply with any require- RULES.— of— ment of a Federal, State, or local govern- ‘‘(1) APPROPRIATE SECRETARY.—The term ‘‘(i) the fair market value of the real prop- ment. ‘appropriate Secretary’ has the meaning erty with respect to which the qualified per- ‘‘(B) SUBSIDIZED FINANCING.—For purposes given to the term ‘Secretary’ under section petual habitat protection agreement is of paragraph (1), the amount of costs paid or 3(15) of the Endangered Species Act of 1973. made, determined on the day before such incurred by an eligible taxpayer pursuant to ‘‘(2) HABITAT MANAGEMENT PLAN.—The term agreement is entered into, over any agreement described in subsection (c) ‘habitat management plan’ means, with re- ‘‘(ii) the fair market value of such prop- shall be reduced by the amount of any fi- spect to any habitat, a plan which— erty, determined on the day after such agree- nancing provided under any Federal or State ‘‘(A) identifies one or more qualified spe- ment is entered into, program a principal purpose of which is to cies to which the plan applies, ‘‘(B) in the case of an eligible taxpayer who subsidize financing for the conservation of ‘‘(B) describes the management practices has entered into a qualified 30-year habitat the habitat of a qualified species. to be undertaken by the taxpayer,

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.141 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11334 CONGRESSIONAL RECORD — SENATE December 6, 2006 ‘‘(C) describes the technical assistance to SEC. 3. DEDUCTION FOR ENDANGERED SPECIES ing of the National Center for Missing be provided to the taxpayer and identifies RECOVERY EXPENDITURES. and Exploited Children, known as (a) DEDUCTION FOR ENDANGERED SPECIES the entity that will provide such assistance, NCMEC. At a White House ceremony, RECOVERY EXPENDITURES.— ‘‘(D) provides a schedule of deadlines for he called on the center to ‘‘wake up undertaking such management practices, (1) IN GENERAL.—Paragraph (1) of section and 175(c) of the Internal Revenue Code of 1986 America and attack the crisis of child ‘‘(E) requires monitoring of the manage- (relating to definitions) is amended by in- victimization.’’ Today, thanks to the ment practices and the status of the quali- serting after the first sentence the following efforts of NCMEC and many others in fied species. new sentence: ‘‘Such term shall include ex- the public and private sectors, America ‘‘(3) QUALIFIED SPECIES.—The term ‘quali- penditures paid or incurred for the purpose is more conscious of the dangers of fied species’ means— of achieving specific actions recommended in child exploitation, but our children recovery plans approved pursuant to the En- ‘‘(A) any species listed as an endangered still face significant threats from those species or threatened species under the En- dangered Species Act of 1973.’’. (2) CONFORMING AMENDMENTS.— who see their innocence as an oppor- dangered Species Act of 1973, or tunity to do harm. The continuing vic- ‘‘(B) any species for which a finding has (A) Section 175 of such Code is amended by been made under section 4(b)(3) of Endan- inserting ‘‘, or for endangered species recov- timization of our children is readily gered Species Act of 1973 that listing under ery’’ after ‘‘prevention of erosion of land and all too painfully apparent in the such Act may be warranted. used in farming’’ each place it appears in resurgence of child pornography in our subsections (a) and (c). ‘‘(4) TAKING.—The term ‘taking’ has the world. meaning given to such term under the En- (B) The heading of section 175 of such Code In recent years, technology has con- dangered Species Act of 1973. is amended by inserting ‘‘; endangered species tributed to the greater distribution and recovery expenditures’’ before the period. ‘‘(5) REDUCTION IN BASIS.—For purposes of (C) The item relating to section 175 in the availability, and, some believe, desire this subtitle, the basis of any property for table of sections for part VI of subchapter B for child pornography. I say child por- which a credit is allowable under subsection of chapter 1 of such Code is amended by in- nography, but that label does not de- (a)(1) shall be reduced by the amount of the serting ‘‘; endangered species recovery ex- scribe accurately what is at issue. As credit so allowed. penditures’’ before the period. emphasized by a recent Department of ‘‘(6) DENIAL OF DOUBLE BENEFIT.—No deduc- (b) LIMITATIONS.—Paragraph (3) of section Justice report, ‘‘child pornography’’ tion shall be allowed under this chapter for 175(c) of the Internal Revenue Code of 1986 any amount with respect to which a credit is does not come close to describing these (relating to additional limitations) is amend- images, which are nothing short of re- allowed under subsection (a). ed— ‘‘(7) CERTIFICATION.—No credit shall be al- (1) in the heading, by inserting ‘‘OR ENDAN- corded images of child sexual abuse. lowed under subsection (a) unless the appro- GERED SPECIES RECOVERY PLAN’’ after ‘‘CON- These images are, quite literally, dig- priate Secretary certifies that any agree- SERVATION PLAN’’, and ital evidence of violent sexual crimes ment described in subsection (c) which is en- (2) in subparagraph (A)(i), by inserting ‘‘or perpetrated against the most vulner- tered into by an eligible taxpayer will con- the recovery plan approved pursuant to the tribute to the recovery of a qualified species. able among us. Endangered Species Act of 1973’’ after ‘‘De- Experts are also finding that the im- ‘‘(8) REQUEST FOR AUTHORIZATION OF INCI- partment of Agriculture’’. DENTAL TAKINGS.—The Secretary shall re- ages of child sexual exploitation pro- (c) EFFECTIVE DATE.—The amendments duced and distributed today involve quest the appropriate Secretary to consider made by this section shall apply to expendi- whether to authorize under the Endangered tures paid or incurred after the date of the younger and younger children. As em- Species Act of 1973 takings by an eligible enactment of this Act. phasized by NCMEC, 83 percent of of- taxpayer of a qualified species to which an SEC. 4. EXCLUSION FOR COST SHARING PAY- fenders surveyed in a recent study were agreement described in subsection (c) relates MENTS UNDER THE PARTNERS FOR caught with images of children young- if the takings are incidental to— FISH AND WILDLIFE ACT AND CER- er than 12 years old. Thirty-nine per- ‘‘(A) the restoration, enhancement, or TAIN OTHER PROGRAMS AUTHOR- management of the habitat pursuant to the IZED BY THE FISH AND WILDLIFE cent had images of children younger habitat management plan under the agree- ACT OF 1956. than 6. Almost 20 percent had images ment, or (a) IN GENERAL.—Subsection (a) of section of children younger than 3. These are ‘‘(B) the use of the property to which the 126 of the Internal Revenue Code of 1986 (re- not normal criminals, and I cannot agreement pertains at any time after the ex- lating to certain cost-sharing payments) is fathom the extent of the physical and piration of the easement or the specified pe- amended by redesignating paragraph (10) as emotional harm they cause their vic- riod described in subsection (c)(4)(A), but paragraph (12) and by inserting after para- tims. only if such use will leave the qualified spe- graph (9) the following new paragraphs: The violence of the images continues ‘‘(10) The Partners for Fish and Wildlife cies at least as well off on the property as it to increase as well. Dr. Sharon Cooper, was before the agreement was made. Program authorized by the Partners for Fish a nationally recognized expert on this ‘‘(9) RECAPTURE.—The Secretary shall, by and Wildlife Act. regulations, provide for recapturing the ben- ‘‘(11) The Landowner Incentive Program, subject, stated before a September Sen- efit under any credit allowable under sub- the State Wildlife Grants Program, and the ate Commerce Committee hearing that section (a) if the Secretary, in consultation Private Stewardship Grants Program au- the images often depict ‘‘sadistic gross with the appropriate Secretary, determines thorized by the Fish and Wildlife Act of sexual assault and sodomy.’’ This view that the eligible taxpayer has failed to carry 1956.’’. was underscored by Mike Brown, the out the duties of the taxpayer under the (b) EFFECTIVE DATE.—The amendments made by this section shall apply to payments sheriff of Bedford County, VA, and the terms of a qualified perpetual habitat pro- director of the Blue Ridge Thunder tection agreement, a qualified 30-year habi- received after the date of the enactment of tat protection agreement, or a qualified this Act. Internet Crimes Against Children Task habitat protection agreement.’’. Force, who also testified to his direct By Mr. McCAIN: experience with increasingly violent (b) CONFORMING AMENDMENTS.— S. 4089. A bill to modernize and ex- (1) Section 1016(a) of the Internal Revenue and disturbing images of child sexual Code of 1986 is amended by striking ‘‘and’’ at pand the reporting requirements relat- exploitation. the end of paragraph (36), by striking the pe- ing to child pornography, to expand co- The Federal Government has in place riod at the end of paragraph (37) and insert- operation in combating child pornog- a system for online companies such as ing ‘‘, and’’, and by inserting after paragraph raphy, to require convicted sex offend- Internet service providers to report (37) the following new paragraph: ers to register online identifiers, and these images to NCMEC. The center is ‘‘(38) to the extent provided in section for other purposes; to the Committee directed by law to relay that informa- 30D(g)(5).’’. on the Judiciary. tion to Federal and State law enforce- (2) The table of sections for subpart B of Mr. MCCAIN. Mr. President, today I ment agencies. This reporting system part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item am introducing the Stop the Online Ex- has been successful, but it is in need of relating to section 30C the following new ploitation of Our Children Act of 2006. several vital improvements. item: This legislation would reduce the sex- The bill would enhance the current ual exploitation of our children, and reporting system by expanding the ‘‘Sec. 30D. Endangered species recovery punish those who cause them physical range of companies obligated to report credit.’’. and emotional harm through sex child pornography to NCMEC; stating (c) EFFECTIVE DATE.—The amendments crimes. specifically what information must be made by this section shall apply to taxable Twenty-two years ago, President reported to the center; moving the re- years beginning after December 31, 2006. Ronald Reagan inaugurated the open- porting obligations into the Federal

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.141 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11335 criminal code; imposing higher pen- The legislation would help ensure achieve that goal. I look forward to alties on companies that do not report greater compliance with the child por- working with my colleagues to debate child pornography to NCMEC in the nography reporting requirements under and move this bill through the legisla- manner required by law; and providing Federal law by increasing threefold the tive process during the next Congress. greater legal certainty around the penalties for knowing failure to report child pornography reporting require- child pornography to NCMEC. It would By Ms. SNOWE (for herself, Mr. ment. also move the reporting requirement KERRY, Ms. LANDRIEU, and Mr. As suggested by NCMEC, the report- from title 42, which relates to the VITTER): ing of child pornography should be public’s health and welfare, to title 18, S. 4097. A bill to improve the disaster more widespread. To that end, the bill our Federal Criminal Code. This is to loan program of the Small Business would expand and clarify the types of underscore that a breach of the report- Administration, and for other pur- online companies that would be obli- ing obligations is a violation of crimi- poses; to the Committee on Small Busi- gated to report child pornography to nal law. In addition, the act would ness and Entrepreneurship. Ms. SNOWE. Mr. President, I rise the center. Today, Federal law requires eliminate the legal liability of online today with Senators KERRY, LANDRIEU electronic communication service pro- service providers for actions taken to and VITTER to introduce The Small viders and providers of remote com- comply with the child pornography re- puting services to report child pornog- Business Disaster Response and Loan porting requirements. Improvements Act of 2006, a bill that raphy they discover to NCMEC through The bottom line is that this legisla- would provide a comprehensive; pack- the center’s CyberTipline. However, tion should result in more thorough re- age of reforms to improve the Small what types of companies fall into each porting of child pornography to Business Administration’s, SBA, dis- category is sometimes unclear. To bet- NCMEC. I expect that more and better ter define and expand the types of on- aster loan program. information provided to the center will As you know, the entire gulf coast of line companies obligated to report lead to a greater number of prosecu- the United States was ravaged in 2005 child pornography, the legislation tions and enhanced protection of our by Hurricanes Katrina and Rita. These would require a broad range of online children. As stated by NCMEC, with natural disasters, unprecedented in service providers—including Web improvements to the reporting system scope and economic impact, presented hosting companies, domain name reg- there would be more reports that are a prime opportunity for the SBA to istrars, and social networking sites—to actionable by law enforcement, which showcase its programs and resources report child pornography to NCMEC. will lead to more prosecutions and con- for small businesses. Unfortunately, Another weakness in the current re- victions and, more importantly, to the SBA’s response was subpar at best, porting system is that the law does not rescue of more children. leaving some disaster victims waiting say exactly what information should be In addition to the provisions relating three months or more for disaster reported to NCMEC. This failure to set to child pornography, the bill also loans to be processed. forth specific reporting requirements would ensure that sex offenders will As chair of the Senate Committee on makes the current statute both dif- register information relevant to their Small Business and Entrepreneurship, I ficult to comply with and tough to en- online activities on sex offender reg- remain committed to doing everything force, and this omission may have led istries. Specifically, it would require in my power to provide small busi- to less effective prosecution of child sex offenders to register their e-mail nesses and homeowners with the tools pornographers. According to testimony addresses, as well as their instant mes- they need to recover from disasters. submitted by the center to the Senate saging and chat room handles and any The SBA is and must be at the fore- Commerce Committee, ‘‘because there other online identifiers they use. If a front of disaster relief efforts. We must are no guidelines for the contents of sex offender failed to do so, he could be ensure that victims of future disasters these reports, some [companies] do not prosecuted, convicted, and thrown into have access to the resources they need send customer information that allows jail for up to 10 years. The bill would to restore their lives, their businesses, NCMEC to identify a law enforcement also make the use of the Internet in and their dreams. jurisdiction. So potentially valuable the commission of a crime of child ex- Many of the provisions in this bid investigative leads are left to sit in the ploitation an aggravating factor that have already passed unanimously CyberTipline database with no action would add 10 years to the offender’s through the Small Business Committee taken.’’ This is unacceptable. sentence. this year as part of the Small Business The bill would cure this problem by To help address the international na- Reauthorization and Improvements requiring that reporting companies ture of child pornography, the bill Act of 2006 S. 3778, bipartisan legisla- convey to the center a defined set of in- would permit NCMEC to share reports tion I authored that features sweeping formation, which is in large part the with foreign law enforcement agencies, reforms to help the SBA lead with the information that is provided to NCMEC subject to approval by the Department same dedication to excellence found in today by the Nation’s leading Internet of Justice. In addition, the act would the entrepreneurs it serves. The com- service providers. Among other things, state the sense of Congress that the ex- mittee unanimously approved this leg- the bill would require online service ecutive branch should make child por- islation and reported it to the full Sen- providers to report specific informa- nography a priority when engaging in ate, where it awaits consideration. tion about the individual involved in negotiations or talks with foreign This bill before the Senate today in- producing, distributing, or receiving countries. cludes essential provisions that would child pornography such as that individ- Finally, the act would authorize $20.3 better assist victims applying for SBA ual’s e-mail address. In addition, it million for our Nation’s Internet disaster loans. Among other items, this would require reporting companies to Crimes Against Children Task Forces. legislation would increase the max- NCMEC geographic location of the in- This increase of $5 million above that imum size of an SBA disaster loan from volved individual such as the individ- currently requested by the Administra- $1.5 million per loan to $5 million per ual’s physical address and the IP ad- tion is recommended by NCMEC, Sher- loan and would make it possible for dress from which the individual con- iff Brown, and others who believe that non-profit institutions to be eligible nected to the Internet. the additional amount would signifi- for disaster loans. To ensure that law enforcement offi- cantly improve the efforts of these Recognizing the increased demand cials have better odds of prosecuting teams of Federal, State, and local law disasters place on all small business involved individuals, the bill would enforcement officials dedicated to iden- lending programs, the legislation es- also require online service providers to tifying and prosecuting those who use tablishes a private disaster loan PDL preserve all data that they report to the Internet to prey upon our Nation’s program that allows for PDLs to be NCMEC for at least 180 days, and to not children. made to disaster victims by private knowingly destroy any other informa- Mr. President, protecting our chil- banks, which would have to apply to tion that they possess that relates to a dren is a top priority for Members of the SBA for eligibility. A business child pornography incident reported to Congress, regardless of party affili- would be eligible for a PDL if the coun- NCMEC. ation. This legislation would help us ty in which the business is located was

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.088 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11336 CONGRESSIONAL RECORD — SENATE December 6, 2006 declared a disaster area anytime in the Sec. 202. Disaster loans to nonprofits. ‘‘(A) ESTABLISHMENT.—The Administrator last 24 months. The business would not Sec. 203. Disaster loan amounts. may establish, directly or through an agree- have to show a nexus between its need Sec. 204. Small business development center ment with another entity, an online applica- for a loan, and the disaster that oc- portability grants. tion process for loans guaranteed under this Sec. 205. Assistance to out-of-State busi- subsection. curred. It would be enough to be lo- nesses. ‘‘(B) OTHER FEDERAL ASSISTANCE.—The Ad- cated in that county. The SBA would Sec. 206. Outreach programs. ministrator may coordinate with the head of provide an 85 percent guarantee for the Sec. 207. Small business bonding threshold. any other appropriate Federal agency so loans. Sec. 208. Contracting priority for local small that any application submitted through an In addition, our legislation would businesses. online application process established under provide authorization for the SBA to Sec. 209. Termination of program. this paragraph may be considered for any enter into agreements with qualified Sec. 210. Increasing collateral requirements. other Federal assistance program for dis- private contractors to process disaster TITLE III—DISASTER RESPONSE aster relief. loans. It also would require the SBA to Sec. 301. Definitions. ‘‘(C) CONSULTATION.—In establishing an on- provide Congress with a report on how Sec. 302. Business expedited disaster assist- line application process under this para- ance loan program. graph, the Administrator shall consult with the disaster loan application process Sec. 303. Catastrophic national disasters. appropriate persons from the public and pri- can be improved, including methods to Sec. 304. Public awareness of disaster dec- vate sectors, including private lenders. expedite loan processing and laration and application peri- ‘‘(5) MAXIMUM AMOUNTS.— verification for sources vital to re- ods. ‘‘(A) GUARANTEE PERCENTAGE.—The Admin- building efforts. Sec. 305. Consistency between Administra- istrator may guarantee not more than 85 This legislation would also require tion regulations and standard percent of a loan under this subsection. the SBA to promulgate rules within 6 operating procedures. ‘‘(B) LOAN AMOUNTS.—The maximum months that would create a new ‘‘expe- Sec. 306. Processing disaster loans. amount of a loan guaranteed under this sub- dited disaster assistance business loan Sec. 307. Development and implementation section shall be $3,000,000. of major disaster response plan. program.’’ These short-term loans ‘‘(6) LOAN TERM.—The longest term of a Sec. 308. Congressional oversight. loan for a loan guaranteed under this sub- would have low interest rates similar TITLE IV—ENERGY EMERGENCIES section shall be— to regular disaster loans. The program ‘‘(A) 15 years for any loan that is issued is intended to respond to major disas- Sec. 401. Findings. Sec. 402. Small business energy emergency without collateral; and ters, but at the discretion of the SBA disaster loan program. ‘‘(B) 25 years for any loan that is issued Administrator, it can be implemented Sec. 403. Agricultural producer emergency with collateral. in the event of any disaster. loans. ‘‘(7) FEES.— I firmly believe the product before us Sec. 404. Guidelines and rulemaking. ‘‘(A) IN GENERAL.—The Administrator may is the best package to aid families, Sec. 405. Reports. not collect a guarantee fee under this sub- businesses, and communities through section. SEC. 2. DEFINITIONS. ‘‘(B) ORIGINATION FEE.—The Administrator challenging times following disasters. In this Act— may pay a qualified private lender an origi- We must not forget their pain, their de- (1) the terms ‘‘Administration’’ and ‘‘Ad- nation fee for a loan guaranteed under this termination, and their resolute refusal ministrator’’ mean the Small Business Ad- subsection in an amount agreed upon in ad- to walk away from the communities ministration and the Administrator thereof, vance between the qualified private lender and small businesses they cherish. respectively; and the Administrator. When a disaster strikes, the spirit, (2) the term ‘‘small business concern’’ has ‘‘(8) DOCUMENTATION.—A qualified private determination, and will of America’s the same meaning as in section 3 of the lender may use its own loan documentation Small Business Act (15 U.S.C. 632); and small businesses help to create the for a loan guaranteed by the Administrator, (3) the term ‘‘small business concern owned to the extent authorized by the Adminis- firm economic foundation, propelling and controlled by socially and economically our nation’s economic growth forward. trator. The ability of a lender to use its own disadvantaged individuals’’ has the same loan documentation for a loan offered under Therefore, we in turn must create an meaning as in section 8 of the Small Busi- this subsection shall not be considered part atmosphere favorable for small business Act (15 U.S.C. 637). of the criteria for becoming a qualified pri- nesses and provide this assistance TITLE I—PRIVATE DISASTER LOANS vate lender under the regulations promul- package to the SBA. We must allow SEC. 101. PRIVATE DISASTER LOANS. gated under paragraph (9). our Nation’s small businesses to do (a) IN GENERAL.—Section 7 of the Small ‘‘(9) IMPLEMENTATION REGULATIONS.— what they do best—create jobs. Business Act (15 U.S.C. 636) is amended— ‘‘(A) IN GENERAL.—Not later than 1 year I urge my colleagues to support this (1) by redesignating subsections (c) and (d) after the date of enactment of the Small bill. Too much is at stake for small as subsections (d) and (e), respectively; and Business Disaster Response and Loan Im- businesses, and the economy as a (2) by inserting after subsection (b) the fol- provements Act of 2006, the Administrator lowing: shall issue final regulations establishing per- whole, to allow this critical legislation manent criteria for qualified private lenders. to languish. Clearly, if we strive for ‘‘(c) PRIVATE DISASTER LOANS.— ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(B) REPORT TO CONGRESS.—Not later than anything less, we fail to support the ‘‘(A) the term ‘disaster area’ means a coun- 6 months after the date of enactment of the backbone of our economy, our hope for ty, parish, or similar unit of general local Small Business Disaster Response and Loan new innovation, and the entrepreneurs government in which a disaster was declared Improvements Act of 2006, the Administrator reach for the American dream. under subsection (b); shall submit a report on the progress of the There being no objection, the bill was ‘‘(B) the term ‘eligible small business con- regulations required by subparagraph (A) to ordered to be printed in the Record, as cern’ means a business concern that is— the Committee on Small Business and Entre- follows: ‘‘(i) a small business concern, as defined in preneurship of the Senate and the Com- mittee on Small Business of the House of S. 4097 this Act; or ‘‘(ii) a small business concern, as defined in Representatives. Be it enacted by the Senate and House of Rep- section 103 of the Small Business Investment ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— resentatives of the United States of America in Act of 1958; and ‘‘(A) IN GENERAL.—Amounts necessary to Congress assembled, ‘‘(C) the term ‘qualified private lender’ carry out this subsection shall be made SECTION 1. SHORT TITLE; TABLE OF CONTENTS. means any privately-owned bank or other available from amounts appropriated to the (a) SHORT TITLE.—This Act may be cited as lending institution that the Administrator Administration under subsection (b). the ‘‘Small Business Disaster Response and determines meets the criteria established ‘‘(B) AUTHORITY TO REDUCE INTEREST Loan Improvements Act of 2006’’. under paragraph (9). RATES.—Funds appropriated to the Adminis- (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) AUTHORIZATION.—The Administrator tration to carry out this subsection, may be tents for this Act is as follows: may guarantee timely payment of principal used by the Administrator, to the extent Sec. 1. Short title; table of contents. and interest, as scheduled on any loan issued available, to reduce the applicable rate of in- Sec. 2. Definitions. by a qualified private lender to an eligible terest for a loan guaranteed under this sub- TITLE I—PRIVATE DISASTER LOANS small business concern located in a disaster section by not more than 3 percentage Sec. 101. Private disaster loans. area. points.’’. Sec. 102. Technical and conforming amend- ‘‘(3) USE OF LOANS.—A loan guaranteed by (b) EFFECTIVE DATE.—The amendments ments. the Administrator under this subsection may made by this section shall apply to disasters TITLE II—DISASTER RELIEF AND be used for any purpose authorized under declared under section 7(b)(2) of the Small RECONSTRUCTION subsection (a) or (b). Business Act (631 U.S.C. 636(b)(2)) before, on, Sec. 201. Definition of disaster area. ‘‘(4) ONLINE APPLICATIONS.— or after the date of enactment of this Act.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.108 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11337 SEC. 102. TECHNICAL AND CONFORMING AMEND- and inserting ‘‘Robert T. Stafford Disaster SEC. 207. SMALL BUSINESS BONDING THRESH- MENTS. Relief and Emergency Assistance Act (42 OLD. The Small Business Act (15 U.S.C. 631 et U.S.C. 5121 et seq.)’’; and (a) IN GENERAL.—Except as provided in seq.) is amended— (3) in the undesignated matter at the end— subsection (b), and notwithstanding any (1) in section 4(c)— (A) by striking ‘‘, (2), and (4)’’ and insert- other provision of law, for any procurement (A) in paragraph (1), by striking ‘‘7(c)(2)’’ ing ‘‘and (2)’’; and related to a major disaster (as that term is and inserting ‘‘7(d)(2)’’; and (B) by striking ‘‘, (2), or (4)’’ and inserting defined in section 102 of the Robert T. Staf- (B) in paragraph (2)— ‘‘(2)’’. ford Disaster Relief and Emergency Assist- (i) by striking ‘‘7(c)(2)’’ and inserting ance Act (42 U.S.C. 5122)), the Administrator ‘‘7(d)(2)’’; and SEC. 204. SMALL BUSINESS DEVELOPMENT CEN- may, upon such terms and conditions as the (ii) by striking ‘‘7(e),’’; and TER PORTABILITY GRANTS. Administrator may prescribe, guarantee and (2) in section 7(b), in the undesignated mat- Section 21(a)(4)(C)(viii) of the Small Busi- enter into commitments to guarantee any ter following paragraph (3)— ness Act (15 U.S.C. 648(a)(4)(C)(viii)) is surety against loss resulting from a breach (A) by striking ‘‘That the provisions of amended— of the terms of a bid bond, payment bond, paragraph (1) of subsection (c)’’ and inserting (1) in the first sentence, by striking ‘‘as a performance bond, or bonds ancillary there- ‘‘That the provisions of paragraph (1) of sub- result of a business or government facility to, by a principal on any total work order or section (d)’’; and down sizing or closing, which has resulted in contract amount at the time of bond execu- (B) by striking ‘‘Notwithstanding the pro- the loss of jobs or small business instability’’ tion that does not exceed $5,000,000. visions of any other law the interest rate on and inserting ‘‘due to events that have re- (b) INCREASE OF AMOUNT.—Upon request of the Administration’s share of any loan made sulted or will result in, business or govern- the head of any Federal agency other than under subsection (b) except as provided in ment facility downsizing or closing’’; and the Administration involved in reconstruc- subsection (c),’’ and inserting ‘‘Notwith- (2) by adding at the end ‘‘At the discretion tion efforts in response to a major disaster, the Administrator may guarantee and enter standing any other provision of law, and ex- of the Administrator, the Administrator into a commitment to guarantee any secu- cept as provided in subsection (d), the inter- may make an award greater than $100,000 to rity against loss under subsection (a) on any est rate on the Administration’s share of any a recipient to accommodate extraordinary total work order or contract amount at the loan made under subsection (b)’’. occurrences having a catastrophic impact on time of bond execution that does not exceed TITLE II—DISASTER RELIEF AND the small business concerns in a commu- $10,000,000. RECONSTRUCTION nity.’’. SEC. 208. CONTRACTING PRIORITY FOR LOCAL SEC. 201. DEFINITION OF DISASTER AREA. SEC. 205. ASSISTANCE TO OUT-OF-STATE BUSI- SMALL BUSINESSES. In this title, the term ‘‘disaster area’’ NESSES. Section 15(d) of the Small Business Act (15 means an area affected by a natural or other Section 21(b)(3) of the Small Business Act U.S.C. 644(d)) is amended— disaster, as determined for purposes of para- (15 U.S.C. 648(b)(3)) is amended— (1) by striking ‘‘(d) For purposes’’ and in- graph (1) or (2) of section 7(b) of the Small (1) by striking ‘‘At the discretion’’ and inserting the following: Business Act (15 U.S.C. 636(b)), during the pe- ‘‘(d) CONTRACTING PRIORITIES.— serting the following: ‘‘SMALL BUSINESS DE- riod of such declaration. ‘‘(1) IN GENERAL.—For purposes’’; and VELOPMENT CENTERS.— SEC. 202. DISASTER LOANS TO NONPROFITS. (2) by adding at the end the following: ‘‘(A) IN GENERAL.—At the discretion’’; and Section 7(b) of the Small Business Act (15 ‘‘(2) DISASTER CONTRACTING PRIORITY IN (2) by adding at the end the following: U.S.C. 636(b)) is amended by inserting imme- GENERAL.—The Administrator shall des- ‘‘(B) DURING DISASTERS.— diately after paragraph (3) the following: ignate any disaster area as an area of con- ‘‘(i) IN GENERAL.—At the discretion of the ‘‘(4) LOANS TO NONPROFITS.—In addition to centrated unemployment or underemploy- Administrator, the Administrator may au- any other loan authorized by this subsection, ment, or a labor surplus area for purposes of thorize a small business development center the Administrator may make such loans (ei- paragraph (1). to provide such assistance to small business ther directly or in cooperation with banks or ‘‘(3) LOCAL SMALL BUSINESSES.— concerns located outside of the State, with- other lending institutions through agree- ‘‘(A) IN GENERAL.—The head of each execu- ments to participate on an immediate or de- out regard to geographic proximity, if the tive agency shall give priority in the award- ferred basis) as the Administrator deter- small business concerns are located in a dis- ing of contracts and the placement of sub- mines appropriate to a nonprofit organiza- aster area declared under section 7(b)(2)(A). contracts for disaster relief to local small tion located or operating in an area affected ‘‘(ii) CONTINUITY OF SERVICES.—A small business concerns by using, as appropriate— by a natural or other disaster, as determined business development center that provides ‘‘(i) preferential factors in evaluations of under paragraph (1) or (2), or providing serv- counselors to an area described in clause (i) contract bids and proposals; ices to persons who have evacuated from any shall, to the maximum extent practicable, ‘‘(ii) competitions restricted to local small such area.’’. ensure continuity of services in any State in business concerns, where there is a reason- SEC. 203. DISASTER LOAN AMOUNTS. which such small business development cen- able expectation of receiving competitive, (a) INCREASED LOAN CAPS.—Section 7(b) of ter otherwise provides services. reasonably priced bids or proposals from not the Small Business Act (15 U.S.C. 636(b)) is ‘‘(iii) ACCESS TO DISASTER RECOVERY FACILI- fewer than 2 local small business concerns; amended by inserting immediately after TIES.—For purposes of providing disaster re- ‘‘(iii) requirements of preference for local paragraph (4), as added by this title, the fol- covery assistance under this subparagraph, small business concerns in subcontracting lowing: the Administrator shall, to the maximum ex- plans; and ‘‘(5) INCREASED LOAN CAPS.— tent practicable, permit small business de- ‘‘(iv) assessments of liquidated damages ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as velopment center personnel to use any site and other contractual penalties, including provided in clause (ii), and notwithstanding or facility designated by the Administrator contract termination. any other provision of law, the aggregate for use to provide disaster recovery assist- ‘‘(B) OTHER DISASTER ASSISTANCE.—Priority loan amount outstanding and committed to ance.’’. shall be given to local small business con- a borrower under this subsection may not ex- SEC. 206. OUTREACH PROGRAMS. cerns in the awarding of contracts and the ceed $5,000,000. placement of subcontracts for disaster relief (a) IN GENERAL.—Not later than 30 days ‘‘(B) WAIVER AUTHORITY.—The Adminis- in any Federal procurement and any pro- after the date of the declaration of a disaster trator may, at the discretion of the Adminis- curement by a State or local government area, the Administrator may establish a con- trator, waive the aggregate loan amount es- made with Federal disaster assistance funds. tracting outreach and technical assistance tablished under clause (i).’’. ‘‘(4) DEFINITIONS.—In this subsection— program for small business concerns which (b) DISASTER MITIGATION.— ‘‘(A) the term ‘declared disaster’ means a have had a primary place of business in, or (1) IN GENERAL.—Section 7(b)(1)(A) of the disaster, as designated by the Administrator; Small Business Act (15 U.S.C. 636(b)(1)(A)) is other significant presence in, such disaster ‘‘(B) the term ‘disaster area’ means any amended by inserting ‘‘of the aggregate costs area. State or area affected by a declared disaster, of such damage or destruction (whether or (b) ADMINISTRATOR ACTION.—The Adminis- as determined by the Administrator; not compensated for by insurance or other- trator may fulfill the requirement of sub- ‘‘(C) the term ‘executive agency’ has the wise)’’ after ‘‘20 per centum’’. section (a) by acting through— same meaning as in section 105 of title 5, (2) EFFECTIVE DATE.—The amendment (1) the Administration; United States Code; and made by paragraph (1) shall apply with re- (2) the Federal agency small business offi- ‘‘(D) the term ‘local small business con- spect to a loan or guarantee made after the cials designated under section 15(k)(1) of the cern’ means a small business concern that— date of enactment of this Act. Small Business Act (15 U.S.C. 644(k)(1)); or ‘‘(i) on the date immediately preceding the (c) TECHNICAL AMENDMENTS.—Section 7(b) (3) any Federal, State, or local government date on which a declared disaster occurred— of the Small Business Act (15 U.S.C. 636(b)) is entity, higher education institution, pro- ‘‘(I) had a principal office in the disaster amended— curement technical assistance center, or pri- area for such declared disaster; and (1) in the matter preceding paragraph (1), vate nonprofit organization that the Admin- ‘‘(II) employed a majority of the workforce by striking ‘‘the, Administration’’ and in- istrator may determine appropriate, upon of such small business concern in the dis- serting ‘‘the Administration’’; conclusion of a memorandum of under- aster area for such declared disaster; and (2) in paragraph (2)(A), by striking ‘‘Dis- standing or assistance agreement, as appro- ‘‘(ii) is capable of performing a substantial aster Relief and Emergency Assistance Act’’ priate, with the Administrator. proportion of any contract or subcontract

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for disaster relief within the disaster area for (d) RULES.— SEC. 304. PUBLIC AWARENESS OF DISASTER DEC- such declared disaster, as determined by the (1) IN GENERAL.—Not later than 1 year after LARATION AND APPLICATION PERI- Administrator.’’. the date of enactment of this Act, the Ad- ODS. (a) IN GENERAL.—Section 7(b) of the Small SEC. 209. TERMINATION OF PROGRAM. ministrator shall promulgate rules estab- Business Act (15 U.S.C. 636(b)) is amended by Section 711(c) of the Small Business Com- lishing and implementing the program in ac- inserting immediately after paragraph (6), as petitive Demonstration Program Act of 1988 cordance with this section. Such rules shall added by this Act, the following: (15 U.S.C. 644 note) is amended by inserting apply as provided for in this section, begin- ‘‘(7) COORDINATION WITH FEMA.— after ‘‘January 1, 1989’’ the following: ‘‘, and ning 90 days after their issuance in final ‘‘(A) IN GENERAL.—Notwithstanding any shall terminate on the date of enactment of form. other provision of law, for any disaster (in- the Small Business Disaster Response and (2) CONTENTS.—The rules promulgated cluding a catastrophic national disaster) de- Loan Improvements Act of 2006’’. under paragraph (1) shall— clared under this subsection or major dis- SEC. 210. INCREASING COLLATERAL REQUIRE- (A) identify whether appropriate uses of aster (as that term is defined in section 102 MENTS. funds under the program may include— of the Robert T. Stafford Disaster Relief and Section 7(d)(6) of the Small Business Act (i) paying employees; Emergency Assistance Act (42 U.S.C. 5122)), (15 U.S.C. 636), as so designated by section (ii) paying bills and other financial obliga- the Administrator, in consultation with the 101, is amended by striking ‘‘$10,000 or less’’ tions; Director of the Federal Emergency Manage- and inserting ‘‘$14,000 or less (or such higher (iii) making repairs; ment Agency, shall ensure, to the maximum amount as the Administrator determines ap- (iv) purchasing inventory; extent practicable, that all application peri- propriate in the event of a catastrophic na- (v) restarting or operating a small business ods for disaster relief under this Act and the tional disaster declared under subsection concern in the community in which it was Robert T. Stafford Disaster Relief and Emer- (b)(6))’’. conducting operations prior to the declared gency Assistance Act (42 U.S.C. 5121 et seq.) TITLE III—DISASTER RESPONSE disaster, or to a neighboring area, county, or begin on the same date and end on the same SEC. 301. DEFINITIONS. parish in the disaster area; or date. In this title— (vi) covering additional costs until the ‘‘(B) DEADLINE EXTENSIONS.—Notwith- (1) the term ‘‘catastrophic national dis- small business concern is able to obtain standing any other provision of law— aster’’ has the meaning given the term in funding through insurance claims, Federal ‘‘(i) not later than 10 days before the clos- section 7(b)(6) of the Small Business Act (15 assistance programs, or other sources; and ing date of an application period for disaster U.S.C. 636(b)), as added by this Act; (B) set the terms and conditions of any relief under this Act for any disaster (includ- (2) the term ‘‘declared disaster’’ means a loan made under the program, subject to ing a catastrophic national disaster) de- major disaster or a catastrophic national paragraph (3). clared under this subsection, the Adminis- disaster; (3) TERMS AND CONDITIONS.—A loan made trator, in consultation with the Director of (3) the term ‘‘disaster loan program of the by the Administration under this section— the Federal Emergency Management Agen- Administration’’ means assistance under sec- (A) shall be a short-term loan, not to ex- cy, shall notify the Committee on Small tion 7(b) of the Small Business Act (15 U.S.C. ceed 180 days, except that the Administrator Business and Entrepreneurship of the Senate 636(b)); may extend such term as the Administrator and the Committee on Small Business of the (4) the term ‘‘disaster update period’’ determines necessary or appropriate on a House of Representatives as to whether the means the period beginning on the date on case-by-case basis; Administrator intends to extend such appli- which the President declares a major dis- (B) shall have an interest rate not to ex- cation period; and aster or a catastrophic national disaster and ceed 1 percentage point above the prime rate ‘‘(ii) not later than 10 days before the clos- ending on the date on which such declaration of interest that a private lender may charge; ing date of an application period for disaster terminates; (C) shall have no prepayment penalty; relief under the Robert T. Stafford Disaster (5) the term ‘‘major disaster’’ has the (D) may be refinanced as part of any subse- Relief and Emergency Assistance Act for any meaning given the term in section 102 of the quent disaster assistance provided under sec- major disaster (as that term is defined in Robert T. Stafford Disaster Relief and Emer- tion 7(b) of the Small Business Act; and section 102 of the Robert T. Stafford Disaster gency Assistance Act (42 U.S.C. 5122); and (E) shall be subject to such additional Relief and Emergency Assistance Act (42 (6) the term ‘‘State’’ means any State of terms as the Administrator determines nec- U.S.C. 5122)) for which the President has de- the United States, the District of Columbia, essary or appropriate. clared a catastrophic national disaster under the Commonwealth of Puerto Rico, the (e) REPORT TO CONGRESS.—Not later than 5 paragraph (6), the Director of the Federal Northern Mariana Islands, the Virgin Is- months after the date of enactment of this Emergency Management Agency, in con- lands, Guam, American Samoa, and any ter- Act, the Administrator shall report to the sultation with the Administrator, shall no- ritory or possession of the United States. Committee on Small Business and Entrepre- tify the Committee on Small Business and Entrepreneurship of the Senate and the Com- SEC. 302. BUSINESS EXPEDITED DISASTER AS- neurship of the Senate and the Committee SISTANCE LOAN PROGRAM. mittee on Small Business of the House of on Small Business of the House of Represent- (a) DEFINITIONS.—In this section— Representatives as to whether the Director (1) the term ‘‘immediate disaster assist- atives on the progress of the Administrator intends to extend such application period. ance’’ means assistance provided during the in establishing the program. ‘‘(8) PUBLIC AWARENESS OF DISASTERS.—If a period beginning on the date on which a dis- (f) AUTHORIZATION.—There are authorized disaster (including a catastrophic national aster declaration is made and ending on the to be appropriated to the Administrator such disaster) is declared under this subsection, date that an impacted small business con- sums as are necessary to carry out this sec- the Administrator shall make every effort to cern is able to secure funding through insur- communicate through radio, television, tion. ance claims, Federal assistance programs, or print, and web-based outlets, all relevant in- other sources; and SEC. 303. CATASTROPHIC NATIONAL DISASTERS. formation needed by disaster loan appli- (2) the term ‘‘program’’ means the expe- cants, including— Section 7(b) of the Small Business Act (15 dited disaster assistance business loan pro- ‘‘(A) the date of such declaration; gram established under subsection (b); and U.S.C. 636(b)) is amended by inserting imme- ‘‘(B) cities and towns within the area of (b) CREATION OF PROGRAM.—The Adminis- diately after paragraph (5), as added by this such declaration; trator shall take such administrative action Act, the following: ‘‘(C) loan application deadlines related to as is necessary to establish and implement ‘‘(6) CATASTROPHIC NATIONAL DISASTERS.— such disaster; an expedited disaster assistance business ‘‘(A) DEFINITION.—In this paragraph the ‘‘(D) all relevant contact information for loan program to provide small business con- term ‘catastrophic national disaster’ means victim services available through the Ad- cerns with immediate disaster assistance a disaster, natural or other, that the Presi- ministration (including links to small busi- under section 7(b) of the Small Business Act dent determines has caused significant ad- ness development center websites); (15 U.S.C. 636(b)). verse economic conditions outside of the ge- ‘‘(E) links to relevant Federal and State (c) CONSULTATION REQUIRED.—In estab- ographic reach of the disaster. disaster assistance websites; lishing the program, the Administrator shall ‘‘(B) AUTHORIZATION.—The Administrator ‘‘(F) information on eligibility criteria for consult with— may make such loans under this paragraph Federal Emergency Management Agency dis- (1) appropriate personnel of the Adminis- (either directly or in cooperation with banks aster assistance applications, as well as for tration (including District Office personnel or other lending institutions through agree- Administration loan programs, including of the Administration); ments to participate on an immediate or de- where such applications can be found; and (2) appropriate technical assistance pro- ferred basis) as the Administrator deter- ‘‘(G) application materials that clearly viders (including small business development mines appropriate to small business concerns state the function of the Administration as centers); located anywhere in the United States that the Federal source of disaster loans for (3) appropriate lenders and credit unions; are economically adversely impacted as a re- homeowners and renters.’’. (4) the Committee on Small Business and sult of a catastrophic national disaster. (b) COORDINATION OF AGENCIES AND OUT- Entrepreneurship of the Senate; and ‘‘(C) LOAN TERMS.—A loan under this para- REACH.—Not later than 90 days after the date (5) the Committee on Small Business of the graph shall be made on the same terms as a of enactment of this Act, the Administrator House of Representatives. loan under paragraph (2).’’. and the Director of the Federal Emergency

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.110 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11339 Management Agency shall enter into a professional a fee for each loan for which sponse to a major disaster, including infor- memorandum of understanding that ensures, such lender or verification professional mation on the utilization of personnel for to the maximum extent practicable, ade- verifies losses.’’. loan processing and loan disbursement; quate lodging and transportation for employ- (b) COORDINATION OF EFFORTS BETWEEN THE (3) a description of the disaster scalability ees of the Administration, contract employ- ADMINISTRATOR AND THE INTERNAL REVENUE model of the Administration and on what ees, and volunteers during a major disaster, SERVICE TO EXPEDITE LOAN PROCESSING.— basis or function the plan is scaled; if such staff are needed to assist businesses, The Administrator and the Commissioner of (4) a description of how the agency-wide homeowners, or renters in recovery. Internal Revenue shall, to the maximum ex- Disaster Oversight Council is structured, (c) MARKETING AND OUTREACH.—Not later tent practicable, ensure that all relevant and which offices comprise its membership, and than 90 days after the date of enactment of allowable tax records for loan approval are whether the Associate Deputy Administrator this Act, the Administrator shall create a shared with loan processors in an expedited for Entrepreneurial Development of the Ad- marketing and outreach plan that— manner, upon request by the Administrator. ministration is a member; (1) encourages a proactive approach to the (c) REPORT ON LOAN APPROVAL RATE.— (5) a description of how the Administrator disaster relief efforts of the Administration; (1) IN GENERAL.—Not later than 6 months plans to coordinate the disaster efforts of the (2) distinguishes between disaster services after the date of enactment of this Act, the Administration with State and local govern- provided by the Administration and disaster Administrator shall submit a report to the ment officials, including recommendations services provided by the Federal Emergency Committee on Small Business and Entrepre- on how to better incorporate State initia- Management Agency, including contact in- neurship of the Senate and the Committee tives or programs, such as State-adminis- formation, application information, and on Small Business of the House of Represent- tered bridge loan programs, into the disaster timelines for submitting applications, the atives detailing how the Administration can response of the Administration; review of applications, and the disbursement improve the processing of applications under (6) recommendations, if any, on how the of funds; the disaster loan program of the Administra- Administrator can better coordinate its dis- (3) describes the different disaster loan tion. aster response operations with the oper- programs of the Administration, including (2) CONTENTS.—The report submitted under ations of other Federal, State, and local en- how they are made available and what eligi- paragraph (1) shall include— tities; bility requirements exist for each loan pro- (A) recommendations, if any, regarding— (7) any surge plan for the system in effect gram; (i) staffing levels during a major disaster; on or after August 29, 2005 (including surge (4) provides for regional marketing, focus- (ii) how to improve the process for proc- plans for loss verification, loan processing, ing on disasters occurring in each region be- essing, approving, and disbursing loans under mailroom, customer service or call center fore the date of enactment of this Act, and the disaster loan program of the Administra- operations, and a continuity of operations likely scenarios for disasters in each such re- tion, to ensure that the maximum assistance plan); gion; and is provided to victims in a timely manner; (8) the number of full-time equivalent em- (5) ensures that the marketing plan is (iii) the viability of using alternative ployees and job descriptions for the planning made available at small business develop- methods for assessing the ability of an appli- and disaster response staff of the Adminis- ment centers and on the website of the Ad- cant to repay a loan, including the credit tration; ministration. score of the applicant on the day before the (9) the in-service and preservice training date on which the disaster for which the ap- procedures for disaster response staff of the SEC. 305. CONSISTENCY BETWEEN ADMINISTRA- plicant is seeking assistance was declared; Administration; TION REGULATIONS AND STANDARD OPERATING PROCEDURES. (iv) methods, if any, for the Administra- (10) information on the logistical support tion to expedite loss verification and loan plans of the Administration (including (a) IN GENERAL.—The Administrator shall, equipment and staffing needs, and detailed promptly following the date of enactment of processing of disaster loans during a major information on how such plans will be scal- this Act, conduct a study of whether the disaster for businesses affected by, and lo- able depending on the size and scope of the standard operating procedures of the Admin- cated in the area for which the President de- major disaster; istration for loans offered under section 7(b) clared, the major disaster that are a major (11) a description of the findings and rec- of the Small Business Act (15 U.S.C. 636(b)) source of employment in the area or are ommendations of the Administrator, if any, are consistent with the regulations of the vital to recovery efforts in the region (including providing debris removal services, based on a review of the response of the Ad- Administration for administering the dis- ministration to Hurricane Katrina of 2005, aster loan program. manufactured housing, or building materials); Hurricane Rita of 2005, and Hurricane Wilma (b) REPORT.—Not later than 180 days after of 2005; and the date of enactment of this Act, the Ad- (v) legislative changes, if any, needed to implement findings from the Administra- (12) a plan for how the Administrator, in ministration shall submit to Congress a re- cooperation with the Director of the Federal port containing all findings and rec- tion’s Accelerated Disaster Response Initia- tive; and Emergency Management Agency, will co- ommendations of the study conducted under ordinate the provision of accommodations subsection (a). (vi) a description of how the Administra- tion plans to integrate and coordinate the and necessary resources for disaster assist- SEC. 306. PROCESSING DISASTER LOANS. response to a major disaster with the tech- ance personnel to effectively perform their (a) AUTHORITY FOR QUALIFIED PRIVATE CON- nical assistance programs of the Administra- responsibilities in the aftermath of a major TRACTORS TO PROCESS DISASTER LOANS.—Sec- tion; and disaster. tion 7(b) of the Small Business Act (15 U.S.C. (B) the plans of the Administrator for im- (c) EXERCISES.—Not later than May 31, 636(b)) is amended by inserting immediately plementing any recommendation made under 2007, the Administrator shall develop and after paragraph (8), as added by this Act, the subparagraph (A). execute simulation exercises to demonstrate following: the effectiveness of the amended disaster re- SEC. 307. DEVELOPMENT AND IMPLEMENTATION ‘‘(9) AUTHORITY FOR QUALIFIED PRIVATE CON- OF MAJOR DISASTER RESPONSE sponse plan required under this section. TRACTORS.— PLAN. SEC. 308. CONGRESSIONAL OVERSIGHT. ‘‘(A) DISASTER LOAN PROCESSING.—The Ad- (a) IN GENERAL.—Not later than March 15, (a) MONTHLY ACCOUNTING REPORT TO CON- ministrator may enter into an agreement 2007, the Administrator shall— GRESS.— with a qualified private contractor, as deter- (1) by rule, amend the 2006 Atlantic hurri- (1) DEFINITION.—In this subsection the mined by the Administrator, to process loans cane season disaster response plan of the Ad- term ‘‘applicable period’’ means the period under this subsection in the event of a major ministration (in this section referred to as beginning on the date on which the Presi- disaster (as defined in section 102 of the Rob- the ‘‘disaster response plan’’) to apply to dent declares a major disaster and ending on ert T. Stafford Disaster Relief and Emer- major disasters and catastrophic national the date that is 30 days after the later of the gency Assistance Act (42 U.S.C. 5122)) or a disasters, consistent with this Act and the closing date for applications for physical dis- catastrophic national disaster declared amendments made by this Act; and aster loans for such disaster and the closing under paragraph (6), under which the Admin- (2) submit a report to the Committee on date for applications for economic injury dis- istrator shall pay the contractor a fee for Small Business and Entrepreneurship of the aster loans for such disaster. each loan processed. Senate and the Committee on Small Busi- (2) REPORTING REQUIREMENTS.—Not later ‘‘(B) LOAN LOSS VERIFICATION SERVICES.— ness of the House of Representatives detail- than the fifth business day of each month The Administrator may enter into an agreeing the amendments to the disaster response during the applicable period for a major dis- ment with a qualified lender or loss plan. aster, the Administrator shall provide to the verification professional, as determined by (b) CONTENTS.—The amended report re- Committee on Small Business and Entrepre- the Administrator, to verify losses for loans quired under subsection (a)(2) shall include— neurship and the Committee on Appropria- under this subsection in the event of a major (1) any updates or modifications made to tions of the Senate and to the Committee on disaster (as defined in section 102 of the Rob- the disaster response plan since the report Small Business and the Committee on Ap- ert T. Stafford Disaster Relief and Emer- regarding the disaster response plan sub- propriations of the House of Representatives gency Assistance Act (42 U.S.C. 5122)) or a mitted on July 14, 2006; a report on the operation of the disaster loan catastrophic national disaster declared (2) a description of how the Administrator program authorized under section 7 of the under paragraph (6), under which the Admin- plans to utilize and integrate District Office Small Business Act (15 U.S.C. 636) for such istrator shall pay the lender or verification personnel of the Administration in the re- disaster during the preceding month.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.110 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11340 CONGRESSIONAL RECORD — SENATE December 6, 2006

(3) CONTENTS.—Each report under para- as well as a breakdown of such figures by (B) can negatively affect the national graph (2) shall include— State; economy and regional economies; (A) the daily average lending volume, in (H) the daily number of applications ap- (C) have occurred in the winters of 1983 to number of loans and dollars, and the percent proved by the Administration from appli- 1984, 1988 to 1989, 1996 to 1997, 1999 to 2000, 2000 by which each category has increased or de- cants in the relevant area, as well as a to 2001, and 2004 to 2005; and creased since the previous report under para- breakdown of such figures by State; (D) can be caused by a host of factors, in- graph (2); (I) the daily dollar amount of applications cluding international conflicts, global or re- (B) the weekly average lending volume, in approved by the Administration from appli- gional supply difficulties, weather condi- number of loans and dollars, and the percent cants in the relevant area, as well as a tions, insufficient inventories, refinery ca- by which each category has increased or de- breakdown of such figures by State; pacity, transportation, and competitive creased since the previous report under para- (J) the daily amount of loans dispersed, structures in the markets, causes that are graph (2); both partially and fully, by the Administra- often unforeseeable to, and beyond the con- (C) the amount of funding spent over the tion to applicants in the relevant area, as trol of, those who own and operate small month for loans, both in appropriations and well as a breakdown of such figures by State; business concerns. program level, and the percent by which (K) the daily dollar amount of loans dis- SEC. 402. SMALL BUSINESS ENERGY EMERGENCY each category has increased or decreased persed, both partially and fully, from the rel- DISASTER LOAN PROGRAM. since the previous report under paragraph evant area, as well as a breakdown of such (a) IN GENERAL.—Section 7(b) of the Small (2); figures by State; Business Act (15 U.S.C. 636(b)) is amended by (D) the amount of funding available for (L) the number of applications approved, inserting after paragraph (9), as added by loans, both in appropriations and program including dollar amount approved, as well as this Act, the following: level, and the percent by which each cat- applications partially and fully dispersed, in- ‘‘(10) ENERGY EMERGENCIES.— egory has increased or decreased, noting the cluding dollar amounts, since the last report ‘‘(A) DEFINITIONS.—In this paragraph— source of any additional funding; under paragraph (1); and ‘‘(i) the term ‘base price index’ means the (E) an estimate of how long the available (M) the declaration date, physical damage moving average of the closing unit price on funding for such loans will last, based on the closing date, economic injury closing date, the New York Mercantile Exchange for heat- spending rate; and number of counties included in the dec- ing oil, natural gas, or propane for the 10 (F) the amount of funding spent over the laration of a major disaster. days, in each of the most recent 2 preceding month for staff, along with the number of (c) NOTICE OF THE NEED FOR SUPPLEMENTAL years, which correspond to the trading days staff, and the percent by which each cat- FUNDS.—On the same date that the Adminis- described in clause (ii); egory has increased or decreased since the trator notifies any committee of the Senate ‘‘(ii) the term ‘current price index’ means previous report under paragraph (2); or the House of Representatives that supple- the moving average of the closing unit price (G) the amount of funding spent over the mental funding is necessary for the disaster on the New York Mercantile Exchange, for month for administrative costs, and the per- loan program of the Administration in any the 10 most recent trading days, for con- cent by which such spending has increased or fiscal year, the Administrator shall notify in tracts to purchase heating oil, natural gas, decreased since the previous report under writing the Committee on Small Business or propane during the subsequent calendar month, commonly known as the ‘front paragraph (2); and Entrepreneurship of the Senate and to month’; (H) the amount of funding available for sal- the Committee on Small Business of the ‘‘(iii) the term ‘heating fuel’ means heat- aries and expenses combined, and the percent House of Representatives regarding the need ing oil, natural gas, propane, or kerosene; by which such funding has increased or de- for supplemental funds for such loan pro- and creased, noting the source of any additional gram. ‘‘(iv) the term ‘significant increase’ funding; and (d) REPORT ON CONTRACTING.— means— (I) an estimate of how long the available (1) IN GENERAL.—Not later than 6 months ‘‘(I) with respect to the price of heating oil, funding for salaries and expenses will last, after the date on which the President de- natural gas, or propane, any time the cur- based on the spending rate. clares a declared disaster, and every 6 (b) DAILY DISASTER UPDATES TO CONGRESS rent price index exceeds the base price index months thereafter until the date that is 18 FOR PRESIDENTIALLY DECLARED DISASTERS.— by not less than 40 percent; and months after the date on which the declared (1) IN GENERAL.—Each day during a dis- ‘‘(II) with respect to the price of kerosene, disaster was declared, the Administrator aster update period, excluding Federal holi- any increase which the Administrator, in shall submit a report to the Committee on days and weekends, the Administration shall consultation with the Secretary of Energy, Small Business and Entrepreneurship of the provide to the Committee on Small Business determines to be significant. Senate and to the Committee on Small Busi- and Entrepreneurship of the Senate and to ‘‘(B) AUTHORIZATION.—The Administration the Committee on Small Business of the ness of the House of Representatives regard- may make such loans, either directly or in House of Representatives a report on the oping Federal contracts awarded as a result of cooperation with banks or other lending in- eration of the disaster loan program of the the declared disaster. stitutions through agreements to participate Administration for the area in which the (2) CONTENTS.—Each report submitted on an immediate or deferred basis, to assist President declared a major disaster or a cat- under paragraph (1) shall include— a small business concern that has suffered or astrophic national disaster, as the case may (A) the total number of contracts awarded that is likely to suffer substantial economic be. as a result of the declared disaster; injury as the result of a significant increase (B) the total number of contracts awarded (2) CONTENTS.—Each report under para- in the price of heating fuel occurring on or graph (1) shall include— to small business concerns as a result of the after October 1, 2004. declared disaster; (A) the number of Administration staff ‘‘(C) INTEREST RATE.—Any loan or guar- performing loan processing, field inspection, (C) the total number of contracts awarded antee extended under this paragraph shall be and other duties for the declared disaster, to women and minority-owned businesses as made at the same interest rate as economic and the allocations of such staff in the dis- a result of the declared disaster; and injury loans under paragraph (2). (D) the total number of contracts awarded aster field offices, disaster recovery centers, ‘‘(D) MAXIMUM AMOUNT.—No loan may be workshops, and other Administration offices to local businesses as a result of the declared made under this paragraph, either directly nationwide; disaster. or in cooperation with banks or other lend- (B) the daily number of applications re- TITLE IV—ENERGY EMERGENCIES ing institutions through agreements to par- ceived from applicants in the relevant area, SEC. 401. FINDINGS. ticipate on an immediate or deferred basis, if as well as a breakdown of such figures by Congress finds that— the total amount outstanding and com- State; (1) a significant number of small business mitted to the borrower under this subsection (C) the daily number of applications pend- concerns in the United States, nonfarm as would exceed $1,500,000, unless such borrower ing application entry from applicants in the well as agricultural producers, use heating constitutes a major source of employment in relevant area, as well as a breakdown of such oil, natural gas, propane, or kerosene to heat its surrounding area, as determined by the figures by State; their facilities and for other purposes; Administrator, in which case the Adminis- (D) the daily number of applications with- (2) a significant number of small business trator, in the discretion of the Adminis- drawn by applicants in the relevant area, as concerns in the United States sell, dis- trator, may waive the $1,500,000 limitation. well as a breakdown of such figures by State; tribute, market, or otherwise engage in com- ‘‘(E) DECLARATIONS.—For purposes of as- (E) the daily number of applications sum- merce directly related to heating oil, natural sistance under this paragraph— marily declined by the Administration from gas, propane, and kerosene; and ‘‘(i) a declaration of a disaster area based applicants in the relevant area, as well as a (3) significant increases in the price of on conditions specified in this paragraph breakdown of such figures by State; heating oil, natural gas, propane, or ker- shall be required, and shall be made by the (F) the daily number of applications de- osene— President or the Administrator; or clined by the Administration from appli- (A) disproportionately harm small business ‘‘(ii) if no declaration has been made under cants in the relevant area, as well as a concerns dependent on those fuels or that clause (i), the Governor of a State in which breakdown of such figures by State; use, sell, or distribute those fuels in the ordi- a significant increase in the price of heating (G) the daily number of applications in nary course of their business, and can cause fuel has occurred may certify to the Admin- process from applicants in the relevant area, them substantial economic injury; istration that small business concerns have

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.110 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11341 suffered economic injury as a result of such mining a significant increase in the price of Small Business Hurricane Relief and increase and are in need of financial assist- kerosene under section 7(b)(10)(A)(iv)(II) of Reconstruction Act of 2006, S. 1807. Al- ance which is not otherwise available on rea- the Small Business Act, as added by this though this bill presented a bipartisan, sonable terms in that State, and upon re- Act. comprehensive approach to hurricane ceipt of such certification, the Administra- SEC. 405. REPORTS. relief, it stalled in the face of the Ad- tion may make such loans as would have (a) SMALL BUSINESS ADMINISTRATION.—Not been available under this paragraph if a dis- later than 12 months after the date on which ministration’s opposition. In June, I aster declaration had been issued. the Administrator issues guidelines under introduced the Small Business Disaster ‘‘(F) USE OF FUNDS.—Notwithstanding any section 404, and annually thereafter until the Loan Reauthorization and Improve- other provision of law, loans made under this date that is 12 months after the end of the ef- ments Act of 2006, S. 3487, which once paragraph may be used by a small business fective period of section 7(b)(10) of the Small again attempted to comprehensively concern described in subparagraph (B) to Business Act, as added by this Act, the Ad- address the shortcomings of this pro- convert from the use of heating fuel to a re- ministrator shall submit to the Committee gram. Finally, in August, and with newable or alternative energy source, includ- on Small Business and Entrepreneurship of ing agriculture and urban waste, geothermal the Senate and the Committee on Small continued opposition from the adminis- energy, cogeneration, solar energy, wind en- Business of the House of Representatives, a tration, the, committee unanimously ergy, or fuel cells.’’. report on the effectiveness of the assistance reported S. 3778, the Small Business (b) CONFORMING AMENDMENTS RELATING TO made available under section 7(b)(10) of the Reauthorization and Improvements HEATING FUEL.—Section 3(k) of the Small Small Business Act, as added by this Act, in- Act of 2006, which again put forward a Business Act (15 U.S.C. 632(k)) is amended— cluding— bipartisan, comprehensive fix for this (1) by inserting ‘‘, significant increase in (1) the number of small business concerns program. the price of heating fuel’’ after ‘‘civil dis- that applied for a loan under such section Many of the provisions included in orders’’; and and the number of those that received such the bill we are introducing today were (2) by inserting ‘‘other’’ before ‘‘eco- loans; nomic’’. (2) the dollar value of those loans; included in one or more of these pre- (c) EFFECTIVE PERIOD.—The amendments (3) the States in which the small business vious proposals. The bill includes direc- made by this section shall apply during the concerns that received such loans are lo- tives for the SBA to create a private 4-year period beginning on the date on which cated; disaster loan program, to allow for guidelines are published by the Adminis- (4) the type of heating fuel or energy that lenders to issue disaster loans. To en- trator under section 404. caused the significant increase in the cost sure that these loans are borrower SEC. 403. AGRICULTURAL PRODUCER EMER- for the participating small business con- friendly, we provide authorization for GENCY LOANS. cerns; and appropriations so that the agency can (a) IN GENERAL.—Section 321(a) of the Con- (5) recommendations for ways to improve solidated Farm and Rural Development Act the assistance provided under such section subsidize the interest rates. In addi- (7 U.S.C. 1961(a)) is amended— 7(b)(10), if any. tion, the administrator is authorized to (1) in the first sentence— (b) DEPARTMENT OF AGRICULTURE.—Not enter into agreements with private (A) by striking ‘‘operations have’’ and in- later than 12 months after the date on which contractors in order to expedite loan serting ‘‘operations (i) have’’; and the Secretary of Agriculture issues guide- application processing for direct dis- (B) by inserting before ‘‘: Provided,’’ the lines under section 404, and annually there- aster loans. following: ‘‘, or (ii)(I) are owned or operated after until the date that is 12 months after The bill also includes language di- by such an applicant that is also a small the end of the effective period of the amend- recting SBA to create an expedited dis- ments made to section 321(a) of the Consoli- business concern (as defined in section 3 of aster assistance loan program to pro- the Small Business Act (15 U.S.C. 632)), and dated Farm and Rural Development Act (7 (II) have suffered or are likely to suffer sub- U.S.C. 1961(a)) by this title, the Secretary vide businesses with short-term loans stantial economic injury on or after October shall submit to the Committee on Small so that they may keep their doors open 1, 2004, as the result of a significant increase Business and Entrepreneurship and the Com- until they receive alternative forms of in energy costs or input costs from energy mittee on Agriculture, Nutrition, and For- assistance. The days immediately fol- sources occurring on or after October 1, 2004, estry of the Senate and the Committee on lowing a disaster are crucial for busi- in connection with an energy emergency de- Small Business and the Committee on Agri- ness owners—statistics show that once clared by the President or the Secretary’’; culture of the House of Representatives, a re- they close their doors, they likely will port that— (2) in the third sentence, by inserting be- not open them again. These short-term fore the period at the end the following: ‘‘or (1) describes the effectiveness of the assist- by an energy emergency declared by the ance made available under section 321(a) of loans should help prevent those doors President or the Secretary’’; and the Consolidated Farm and Rural Develop- from closing. (3) in the fourth sentence— ment Act (7 U.S.C. 1961(a)); and A Presidential declaration of cata- (A) by inserting ‘‘or energy emergency’’ (2) contains recommendations for ways to strophic national disaster will allow after ‘‘natural disaster’’ each place that improve the assistance provided under such the administrator to offer economic in- term appears; and section 321(a), if any. jury disaster loans to adversely af- (B) by inserting ‘‘or declaration’’ after Mr. KERRY. Mr. President, in the 15 fected business owners beyond the geo- ‘‘emergency designation’’. months since Hurricane Katrina deci- graphic reach of the disaster area. (b) FUNDING.—Funds available on the date mated gulf coast communities, Sen- Nonprofit entities working to provide of enactment of this Act for emergency loans under subtitle C of the Consolidated Farm ators SNOWE, LANDRIEU, VITTER, and I services to victims should be rewarded and Rural Development Act (7 U.S.C. 1961 et have worked to produce a comprehen- and given access to the capital they re- seq.) shall be available to carry out the sive package to reform the SBA’s dis- quire to continue their services. To amendments made by subsection (a) to meet aster loan program. The SBA’s failed this end, the administrator is author- the needs resulting from energy emer- response in a time of unmatched need ized to make disaster loans to non- gencies. demonstrated to everyone that this profit entities, including religious or- (c) EFFECTIVE PERIOD.—The amendments program is broken and needs fixing. ganizations. made by this section shall apply during the Immediately after Hurricane Katrina Construction and rebuilding con- 4-year period beginning on the date on which hit, I introduced an amendment with tracts being awarded are likely to be guidelines are published by the Secretary of Agriculture under section 404. Senator LANDRIEU to the fiscal year larger than the current $2 million SEC. 404. GUIDELINES AND RULEMAKING. 2006 Commerce, Justice and Science ap- threshold currently applied to the SBA (a) GUIDELINES.—Not later than 30 days propriations bill to address the needs of Surety Bond Program which helps after the date of enactment of this Act, the gulf region small business and home- small construction firms gain access to Administrator and the Secretary of Agri- owners. The amendment was adapted contracts. This bill increases the guar- culture shall each issue such guidelines as with input from Chair SNOWE, and a antee against loss for small business the Administrator or the Secretary, as appli- subsequent bipartisan amendment contracts up to $5 million and allows cable, determines to be necessary to carry passed the Senate with a vote of 96 to the administrator to increase that out this title and the amendments made by 0. Although the entire Senate sup- level to $10 million, if deemed nec- this title. ported the amendment, it was stripped essary. (b) RULEMAKING.—Not later than 30 days after the date of enactment of this Act, the out of the bill conference. The bill also provides for small busi- Administrator, after consultation with the On September 30, 2005, I again worked ness development centers to offer busi- Secretary of Energy, shall promulgate regu- with Chair SNOWE and Senators ness counseling in disaster areas and to lations specifying the method for deter- LANDRIEU and VITTER to introduce the travel beyond traditional geographic

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.110 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11342 CONGRESSIONAL RECORD — SENATE December 6, 2006 boundaries to provide services during the Small Business Administration, fairly quickly. You may not need declared disasters. To encourage small SBA. This bill, the Small Business Dis- short-term loans in this instance. But business development centers located aster Response and Loan Improve- if you know that SBA’s resources in disaster areas to keep their doors ments Act, makes major improvements would be overwhelmed by a storm—just open, the maximum grant amount is to the SBA’s disaster response and pro- as they were initially with Katrina— waived. vides them with essential tools to en- these expedited business loans would be So that Congress may remain better sure that they are more efficient and very helpful. aware of the status of the administra- better prepared for future disasters— This legislation also would direct tion’s disaster loan program, this bill big and small. I should also note that SBA to study ways to expedite disaster directs the administration to report to this bill is a result of intensive bipar- loans for those businesses in a disaster the Committee on Small Business and tisan work over the past few months. area that have a good, solid track Entrepreneurship of the Senate and to As such, it is reflective of the priorities record with the SBA or can provide the Committee on Small Business of from Senators SNOWE and KERRY, re- vital recovery efforts. We had many the House of Representatives regularly spectively chair and ranking member businesses in the gulf coast that had on the fiscal status of the disaster loan of the Senate Small Business Com- paid off previous SBA loans, were program as well as the need for supple- mittee, as well as Senator LANDRIEU. major sources of employment in their mental funding. The administration is For my part, I have heard loud and communities, but had to wait months also directed to report on the number clear from our impacted businesses for decisions on their SBA disaster of Federal contracts awarded to small that SBA reforms should be imple- loan applications. I do not want to get businesses, minority-owned small busi- mented as soon as possible. That is rid of the SBA’s current practice of re- nesses, women-owned businesses, and why in September, I sent a letter to viewing applications on a first-come- local businesses during a disaster dec- the new SBA Administrator Steve first-served basis, but there should be laration. Preston, expressing concerns on the some mechanism in place for major Finally, gas prices continue to fluc- lack of progress on SBA Disaster re- disasters to get expedited loans out the tuate, and fuel-dependent small busi- forms, which were included in S. 3778, door to specific businesses that has a nesses are struggling with the cost of the fiscal year 2007 SBA reauthoriza- positive record with SBA or those that energy. This bill provides relief to tion bill reported out of the Senate could serve a vital role in the recovery small business owners during times of Small Business Committee. In this let- efforts. Expedited loans would jump- above average energy price increases, ter, I requested his cooperation, along start impacted economies, get vital authorizing energy disaster loans with our committee, to pass this im- capital out to businesses, and retain es- through the Small Business Adminis- portant legislation before Congress ad- sential jobs following future disasters. tration and the Department of Agri- journs at the end of the year. The in- This bill also makes an important culture to companies that depend on troduction of this bill today, shows the modification to the collateral require- fuel. progress that the committee made ments for disaster loans. The SBA can- Residents of the gulf coast continue since September on this issue. I hope not disburse more than $10,000 for an to rebuild from last year’s hurricane that this spirit of bipartisanship con- approved loan without showing collat- season. By all accounts, Administrator tinues well into the 110th Congress and eral. This is to limit the loss to the Preston has implemented policies that that I can continue to work with my SBA in the event that a loan defaults. are helping gulf coast victims get back colleagues on the Senate Small Busi- However, this disbursement amount on their feet. However, the SBA needs ness Committee to reform SBA. has not been increased since 1998, and the tools offered in this bill in order to This legislation offers new tools to these days, $10,000 is not enough to get comprehensively address the needs of enhance SBA’s disaster assistance pro- a business up and running. That is why business owners following a large-scale grams. In every disaster, the SBA dis- this bill increases this collateral re- disaster. As the 109th Congress pre- aster loan program is a lifeline for quirement to $14,000 and gives the Ad- pares to adjourn, it is unconscionable businesses and homeowners who want ministrator the ability to increase that that we have not yet put in place the to rebuild their lives after a catas- amount, in the event of another large- reforms needed for this program to trophe. When Katrina hit, our busi- scale disaster. I believe this is a rea- function effectively. I urge my col- nesses and homeowners had to wait sonable and fiscally responsible in- leagues in the final days of this session months for loan approvals. I do not crease, and at the same time gives the to support this legislation, so that God know how many businesses we lost be- Administrator flexibility for future forbid another region has to deal with cause help did not come in time. Be- disasters which will inevitably occur. a disaster the size and scope of the 2005 cause of the scale of this disaster, what As you may know, pushed to get lan- gulf coast hurricanes, the SBA will be these businesses needed was imme- guage in the last hurricane supple- fully able to provide the assistance diate, short-term assistance to hold mental appropriations bill in June 2006 that homeowners and business owners them over until SBA was ready to to require SBA to develop a disaster require. process the tens of thousands of loan plan and report to Congress on its con- Ms. LANDRIEU. Mr. President, as we applications it received. tents by July 15, 2006. SBA provided all know, there was a tremendous That is why this legislation provides this status report in July, and I am amount of criticism of the Federal the SBA Administrator with the abil- pleased that, since then, SBA has been Government’s response to Hurricanes ity to set up an expedited disaster as- working on a comprehensive disaster Katrina and Rita last year. Things are sistance business loan program to response plan. That said, I believe that better now and the region is slowly re- make short-term, low-interest loans to with the 2007 Atlantic hurricane season covering. But having just finished the keep them afloat. These loans will fast approaching, and other disasters 2006 Hurricane season, and with the allow businesses to make payroll, begin possible before then, the SBA should be 2007 season a few months away, we making repairs, and address other im- looking at additional ways to improve must be sure that if we have another mediate needs while they are awaiting upon this plan. This legislation re- disaster, the Federal Government’s re- insurance payouts or regular SBA dis- quires SBA to report to Congress, by sponse will be better this time around. aster loans. However, I realize that March 15, 2007, on the current status of Disaster response agencies have to be every disaster is different and could its response plan and to provide us better organized, more efficient, and range from a disaster on the scale of with a snapshot of where they were more responsive in order to avoid the Hurricane Katrina or 911, to an ice with Katrina and where they are now. problems, the delays, mismanagement, storm or drought. This legislation The report also requests SBA feedback and the seeming incompetence that oc- gives the SBA additional options and on suggested improvements. These im- curred last year. flexibility in the kinds of relief they provements include better incor- Today, I am proud to be an original can offer a community. When a tornado porating State disaster assistance ef- cosponsor of legislation to improve the destroys 20 businesses in a small town forts into SBA’s response, as well as disaster response of one agency that in the Midwest, SBA can get the reg- better coordination with Federal re- had a great deal of problems last year, ular disaster program up and running sponse agencies like FEMA.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.116 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11343 The Small Business Disaster Re- I am very concerned at this apparent dead- concerns of the SBA as well as provide a bet- sponse and Loan Improvements Act lock, a deadlock which threatens our bipar- ter and more responsive SBA Disaster As- will provide essential tools to make tisan efforts to implement comprehensive sistance Program for our small businesses. the SBA more proactive, flexible, and SBA Diaster Assistance reforms before the Thank you in advance for your assistance end of the year. In particular, I believe that with this request. most important, more efficient during there must be SBA reforms in the following Sincerely, future disasters. Again, I look forward areas: MARY L. LANDRIEU, to working with both Senator SNOWE Short-Term Assistance: Following Katrina United States Senator. and Senator KERRY during the 110th and Rita small businesses waited, on aver- Congress to ensure that the SBA has age, four to six months for approvals and dis- By Mr. DODD (for himself and everything it needs to meet these bursements on SBA Disaster Loans, In order Mr. DEWINE): goals. to ensure the long-term survival of small S. 4098. A bill to improve the process I thank the Chair and ask that my businesses impacted by a catastrophic dis- for the development of needed pediatric aster, SBA needs to be in the business of entire statement appear in the RECORD. medical devices; to the Committee on short-term recovery—by providing either I also ask unanimous consent that a emergency bridge loans or grants. Health, Education, Labor, and Pen- copy of my September 27, 2006, letter to Disaster Loan Process for Homeowners: sions. SBA be printed in the RECORD at the While SBA’s mission is to ‘‘aid, counsel, as- Mr. DODD. Mr. President, I rise conclusion of my statement. sist and protect, insofar as is possible, the today to introduce the Pediatric Med- There being no objection, the mate- interests of small business concerns’’ it also ical Device Safety and Improvement rial was ordered to be printed in the has the added responsibility of helping af- Act of 2006. I want to begin by thank- fected homeowners rebuild their housing RECORD, as follows: ing Senator MIKE DEWINE for joining post-disaster. Katrina and Rita resulted in U.S. SENATE, me in introducing this legislation and Washington, DC, September 27, 2006. record numbers of SBA Disaster Loan applications, from homeowners, which strained for his leadership on children’s health. Hon. STEVEN C. PRESTON, He has been my partner over the years Administrator, U.S. Small Business Administra- SBA’s existing resources and personnel. If tion, the SBA must bear this responsibility, the as we fought to make drugs safer and Washington, DC. agency should improve the process as well as more widely available for children. I DEAR ADMINISTRATOR PRESTON: Let me possibly seek greater coordination and co- believe the legislation we are intro- take this opportunity to again congratulate operation with the U.S. Department of Hous- ducing today will achieve a similar you on your confirmation as Administrator ing and Urban Development on disaster goal for pediatric medical devices. I of the U.S. Small Business Administration housing assistance. Expedited Disaster Loans to Businesses: would also like to especially thank the (SBA). Your management experience and Elizabeth Glaser Pediatric AIDS Foun- passion to serve will prove extremely helpful The SBA currently has no mechanism in to you in this challenging position. place to expedite Disaster Loans to impacted dation, the American Academy of Pedi- I write you today because, as member of businesses that are either a major source of atrics, the American Thoracic Society the Senate Committee on Small Business employment or that can demonstrate a vital and the National Organization for Rare and Entrepreneurship, as well as senator contribution to recovery efforts in the area, Disorders for their expertise in helping from a state hit hard by both Hurricanes such as businesses who construct housing, craft this legislation as well as their Katrina and Rita, I believe it is my duty to provide building materials, or conduct debris tireless support for making medical de- ensure that we implement substantive removal. The SBA needs the ability to fast- changes to SBA’s Disaster Assistance Pro- track loans to these businesses, in order to vices safer for use in children. gram during this session of Congress. jumpstart local economies and recovery ef- This legislation provides a com- The SBA’s response to Katrina and Rita forts. prehensive approach to ensuring that was too slow and lacking in urgency—threat- Economic Injury Disaster Loans: Although children are not left behind as cutting- ening the very survival of our affected busi- Katrina and Rita directly affected businesses edge research and revolutionary tech- nesses. A year has passed since Hurricanes along the Gulf Coast, additional businesses nologies for medical devices advance. Katrina and Rita, yet while Congress is cur- in the region, as well as the rest of the coun- Like drugs, where for too long children rently acting on extensive reforms for the try, were economically impacted by the Federal Emergency Management Agency storms. The SBA must have the ability to were treated like small adults and (FEMA), there has been only incremental provide nationwide, or perhaps regional, eco- could just be given reduced doses of changes to SBA’s Disaster Assistance Pro- nomic injury disaster loans to businesses adult products, many essential medical gram. That is why I am pleased to learn that which can demonstrate economic distress or devices used extensively by pediatri- you have recently created the Accelerated disruption from a future major disaster. cians are not designed or sized for chil- Disaster Response Initiative to identify and Loss Verification and Loan Processing: dren. In fact, the development of new help implement process improvements to en- Following the Gulf Coast hurricanes, the medical devices suitable for children’s able the SBA to respond more quickly in as- SBA struggled for months to hire enough smaller and growing bodies can lag 5 or sisting small businesses and homeowners in staff to inspect losses and process loan appli- need of assistance after a disaster. I applaud cations. Although SBA now has trained re- 10 years behind those for adults. these efforts and your leadership on this serves to handle such surges in demand, the While children and adults suffer from issue. But much more must be done to ad- SBA also needs the permanent authority to many of the same diseases and condi- dress the systemic problems that led to enter into agreements with qualified private tions, their device needs can vary con- delays and inaction post-Katrina and Rita. lenders and credit unions to process Disaster siderably due to differences in size, For our part, the Senate is also attempting Loans and provide loss verification services. rates of growth, critical development to address the multiple problems that ham- Administrator Preston, I was impressed by periods, anatomy, physiological dif- pered SBA’s ability to assist impacted Gulf your expressed willingness to be a bridge be- Coast small businesses and homeowners. tween Congress and the White House. For ferences such as breathing and heart Under the leadership of the Chair and Rank- the SBA truly bring its disaster capabilities rate, and physical activity levels. To ing Member of the Senate Committee on to the next level, I believe that it must work date, because the pediatric market is Small Business and Entrepreneurship, Sen- in concert with the Congress. Together, we so small and pediatric diseases rel- ators SNOWE and KERRY, the committee must remove layers of bureaucracy and red atively rare, there has been little in- voted unanimously to approve S. 3778, the tape, which, following Katrina and Rita, centive for device manufacturers to ‘‘Small Business Reauthorization and Im- both overwhelmed and frustrated dedicated focus their attention on children. The provements Act of 2006’’ and sent it to the SBA employees and those affected by the result has been that pediatric providers full Senate for consideration. A copy of the hurricanes. We must also give the SBA new bill is attached for your convenience. This tools to ensure that problems that occurred must resort to ‘‘jerry-rigging’’ or fash- bipartisisan legislation re-authorizes SBA post-Katrina and Rita never happen again. ioning make-shift device solutions for programs, and also of great importance to Last month we marked the 1-year anniver- pediatric use. When that is not an op- me and my constitutents, makes essential sary of Hurricane Katrina, and now mark the tion, providers may be forced to use reforms to SBA’s Disaster Assistance Pro- 1-year anniversary of hurricane Rita. It is es- more invasive treatment or less effec- gram. However, since S. 3778 was introduced sential that we take action now to make tive therapies. on August 2, 2006, almost nine weeks ago, it substantive reforms to the SBA Disaster As- For example, at present, left ventric- has been blocked from consideration and the sistance Program. We owe nothing less to ular assist devices, LVADs, do not Committee is still waiting for budget infor- our small businesses. I ask that you continue mation so that it may file its report on the working with my office on this important exist in the U.S. for children less than bill. It is my understanding that the admin- issue and respond to our approach in writing 5 years old. An LVAD is a mechanical istration and SBA has several concerns no later than October 31, 2006. This will help pump that helps a heart that is too about this bill in its current form. us develop a proposal which can address the weak to pump blood through the body.

VerDate Aug 31 2005 10:31 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.118 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11344 CONGRESSIONAL RECORD — SENATE December 6, 2006 So infants and children under 5 years anism to allow the FDA to track the Finally, in its 2005 report on pedi- of age who have critical failure of their number and types of medical devices atric medical device safety, the IOM left or right ventricles have to be sup- approved specifically for children or for found serious flaws in the postmarket ported through extracorporeal mem- conditions that occur in children. It safety surveillance of these devices. brane oxygenation, ECMO. An ECMO also allows the FDA to use adult data Our legislation allows FDA to require consists of a pump, an artificial lung, a to support a determination of reason- postmarket studies as a condition of blood warmer and an arterial filter, able assurance of effectiveness in pedi- clearance for certain categories of de- which is installed by inserting tubes atric populations and to extrapolate vices. This includes ‘‘a class II or class into large veins or arteries located in data between pediatric subpopulations. III device the failure of which would be the right side of the neck or the groin. The market for pediatric medical de- reasonably likely to have serious ad- While ECMOs can help children for vices simply isn’t what it is for adults. verse health consequences or is in- short periods of time, they are prob- Therefore, many device manufacturers tended to be (1) implanted in the lematic. They can cause dangerous have been reluctant to make devices human body for more than one year, or clots and the blood thinners that pre- for children. Our bill creates an incen- (2) a life sustaining or life supporting vent these clots may lead to internal tive for companies by modifying the device used outside a device user facil- bleeding. In addition, children must re- existing humanitarian device exemp- ity.’’ main bedridden while using the device. tion, HDE, provision to allow manufac- The legislation also gives the FDA For young children needing to be on turers to profit from devices that are the ability to require studies longer a ventilator to assist their breathing, specifically designed to meet a pedi- than 3 years with respect to a device the lack of non-invasive ventilators atric need. that is to have significant use in pedi- To prevent abuse, our bill reverts to with masks that suitably fit babies has atric populations if such studies would current law which allows no profit on led to respiratory treatments that are be necessary to address longer term pe- sales of devices that exceed the number inadequate or invasive treatment op- diatric questions, such as the impact estimated to be needed for the ap- tions such as placing a tube in the on growth and development. And, it es- proved condition. This provision is tablishes a publicly accessible database baby’s throat. modeled after the existing Orphan Children needing prosthetic heart of postmarket study commitments Products Division designation process. valves face a disproportionately high that involve questions about device use Under no circumstances can there be a failure rate. Because of the bio- in pediatric populations. profit on sales if the device is used to chemistry of children’s growing bodies, The legislation we are introducing treat or diagnose diseases or conditions today has been many years in the mak- prosthetic heart valves implanted in affecting more than 4,000 individuals in children calcify and deteriorate much ing. In addition to the lead republican the U.S. per year which is the same as bill sponsor, Senator DEWINE, and the faster than in adults. Typically, chil- under current law. Already approved dren with a heart valve implant who public health organizations I men- adult HDEs upon date of enactment are tioned earlier, I would like to thank survive to adulthood will need four or eligible for the HDE profit modifica- five operations. Additionally, devices the Advanced Medical Technology As- tion but only if they are meet the con- sociation and its member company currently available for children must ditions of the bill. The lifting of the be better able to expand and grow as Johnson & Johnson, for their contribu- profit restriction for new pediatric tions to this legislation. The bill we the child grows. HDEs sunsets in 2012 and FDA is re- Over the past 2 years, several efforts are introducing today reflects many of quired to issue a report on its impact the comments and suggestions they have been launched to better identify within 5 years. barriers to the development of pedi- provided through the development of In order to encourage pediatric med- this legislation. Several device manu- atric devices and to generate solutions ical device research, our bill requires for improving children’s access to facturers including Respironics, the National Institutes of Health, NIH, Seleon, Breas Medical AB, and Stryker needed medical devices. to designate a point of contact at the have submitted letters of support for Beginning in June 2004, the American agency to help innovators and physi- this legislation and I ask unanimous Academy of Pediatrics, the Elizabeth cians access funding for pediatric med- consent that their letters as well as the Glaser Pediatric AIDS Foundation, the ical device development. It also re- letters of all organizations supporting National Organization for Rare Dis- quires the NIH, the FDA, and the Agen- this bill be entered in the record fol- orders, NORD, the National Associa- cy for Healthcare Research and Qual- lowing my remarks. tion of Children’s Hospitals, and the ity, AHRQ, to submit a plan for pedi- Advanced Medical Technology Associa- I look forward to working with pa- atric medical device research that tient groups, physicians, industry and tion, AdvaMed, hosted a series of identifies gaps in such research and my colleagues—including the chairman stakeholders meetings that yielded proposes a research agenda for address- and ranking member of the Health, recommendations for improving the ing them. In identifying the gaps, the Education, Labor and Pensions Com- availability of pediatric devices. In Oc- plan can include a survey of pediatric mittee, Senators ENZI and KENNEDY— tober 2004, in response to a directive in medical providers regarding unmet pe- to move this legislation next year the Medical Devices Technical Correc- diatric medical device needs. tions Act of 2004, the Food and Drug To better foster innovation in the when the committee considers medical Administration, FDA, released a report private sector, our bill establishes device legislation. I urge my colleagues that identified numerous barriers to demonstration grants for non-profit to support this legislation and I am the development and approval of de- consortia to promote pediatric device hopeful that it will become law as soon vices for children. And in July 2005, the development, including matchmaking as possible. Institute of Medicine, IOM, issued a re- between inventors and manufacturers I ask unanimous consent that the port on the adequacy of postmarket and federal resources. These dem- letters and the text of the bill be print- surveillance of pediatric medical de- onstration grants which are authorized ed in the RECORD. There being no objection, the mate- vices, as mandated by the Medical De- for $6 million annually require that the rial was ordered to be printed in the vice User Fee and Modernization Act of federal government mentor and help RECORD, as follows: 2002. The IOM found significant flaws manage pediatric device projects in safety monitoring and recommended through the development process, in- ELIZABETH GLASER expanding the FDA’s ability to require cluding product identification, proto- PEDIATRIC AIDS FOUNDATION, Washington, DC, December 5, 2006. postmarket studies of certain products type design, device development and and improving public access to infor- marketing. Under the bill, grantees Hon. CHRISTOPHER DODD, Russell Senate Office Building, mation about postmarket pediatric must coordinate with the NIH’s pedi- Washington, DC. studies. atric devices point of contact to iden- Our legislation seeks to address the Hon. MIKE DEWINE, tify research issues that require fur- Russell Senate Office Building, equally important issues of pediatric ther study and with the FDA to help Washington, DC. medical device safety and availability. facilitate approval of pediatric indica- DEAR SENATORS DODD AND DEWINE: On be- To begin with, the bill creates a mech- tions. half of the Elizabeth Glaser Pediatric AIDS

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.105 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11345 Foundation, I would like to express our medical devices products to the market. We In our business, we often are called upon to strong support for the Pediatric Medical De- strongly encourage you to introduce this leg- work with pediatric patients. Based on this vice Safety and Improvement Act of 2006. islation this fall. work, it is clear that changes are needed to Your leadership on this issue has been out- The American Thoracic Society looks for- facilitate an improvement in the availability standing and I applaud your efforts to intro- ward to working with you to bring this legis- of diagnostic and therapeutic medical de- duce legislation that will improve the health lative proposal to fruition. vices for children. and well-being of children across the U.S. Sincerely, Currently, a draft of a bill entitled ‘‘To im- While cutting-edge research and revolu- JOHN E. HEFFNER, prove the process for the development of tionary technologies have led to the develop- President. needed pediatric medical devices’’ is being ment of countless innovative medical de- circulated among some Senators for discus- vices, as science and medicine move forward AMERICAN ACADEMY OF PEDIATRICS, sion. After reviewing this bill, Respironics children are at risk of being left behind. Elk Grove Village, IL, December 4, 2006. believes that the changes contemplated by Physical differences such as children’s size, Hon. CHRISTOPHER J. DODD, this bill could help improve the availability anatomy, and growth provide challenges U.S. Senate, Washington, DC. of medical devices for children. Therefore, that limit children’s access to safe and effec- Hon. MIKE DEWINE, Respironics supports enactment of the bill. tive medical devices. With very few devices U.S. Senate, Washington, DC. We hope that you will join Respironics in available for pediatric use, pediatric pro- DEAR SENATORS DODD AND DEWINE: On be- supporting this important legislation. viders must resort to ‘‘jury-rigging’’ or fash- half of the 60,000 primary care pediatricians, Sincerely, ioning make-shift device solutions for their pediatric medical subspecialists, and sur- DAVID P. WHITE, patients. When that is not an option, pro- gical specialists of the American Academy of Chief Medical Officer. viders may be forced to use more invasive Pediatrics who are committed to the attain- treatment or less effective therapies. ment of optimal physical, mental and social SELEON, INC., This legislation recognizes the urgent need health and well-being for all infants, chil- Baltimore, MD, September 23, 2006. for improved access to medical devices de- dren, adolescents, and young adults, we Hon. MIKE DEWINE, signed specifically for children and provides write today to express our gratitude and sup- Russell Senate Office Building, a comprehensive approach to addressing this port for the ‘‘Pediatric Medical Device Safe- Washington, DC. DEAR SENATOR DEWINE: On behalf of issue that includes providing assistance to ty and Improvement Act of 2006.’’ This legis- Seleon Inc., I want to encourage you to con- innovators, streamlining regulatory proc- lation is an important step towards improv- tinue your efforts to improve access to med- esses, elevating pediatric device issues at the ing the process for the development of need- ical therapies for children by introducing the FDA and NIH, and improving incentives for ed pediatric medical devices. Children and adults often suffer from many bill, ‘‘to improve the process for the develop- devices for small markets—while still pre- ment of needed pediatric medical devices’’ serving the ability to ensure the safety of of the same diseases and conditions, however their medical device needs vary considerable. this fall. new products. Seleon Inc., a medical device manufac- Thank you for your leadership and com- Children are not just small adults and medical device technologies manufactured for turing company, strongly supports this bill. mitment to this issue. We look forward to Thank you for your ongoing support of chil- working closely with you to ensure that chil- adults often do not fit the needs of children. This problems forces pediatricians to ‘‘jury- dren’s health and this important issue. dren across the U.S. benefit from this impor- Sincerely, tant piece of legislation. rig’’ adult medical devices that are often too large in order to make them fit smaller bod- MICHAEL LAUK, Sincerely, President. PAMELA W. BARNES, ies. This practice, however, is not always ef- President and Chief Executive Officer. fective and leaves children without optimal treatment. Additionally, children’s device BREAS MEDICAL AB, ¨ needs vary considerable, due not only to size, Molnlycke, Sweden, August 17, 2006. AMERICAN THORACIC SOCIETY, Hon. CHRISTOPHER J. DODD, New York, NY, September 11, 2006. but also to different rates of growth, anatomy, physiological differences and physical Hon. MIKE DEWINE, Hon. MIKE DEWINE, activity levels. Russell Senate Office Building, U.S. Senate, This legislation offers incentives to manu- Washington, DC. Washington, DC. facturers to create needed medical devices DEAR SENATORS DODD AND DEWINE, On be- DEAR SENATOR DEWINE: On behalf of the specifically designed to meet the needs of pe- half of Breas Medical, I would like to thank American Thoracic Society, I want to en- diatric patients and it gives the Food and you for your efforts to expand the avail- courage you to continue your efforts to im- Drug Administration the authority to re- ability of medical devices for children. We appreciate your long-standing leadership on prove access to medical devices for children quire post-market studies to ensure contin- behalf of children and welcome your interest by introducing legislation this fall. ued efficacy and safety of these devices. The in ensuring that they are not left behind The ATS represents over 13,000 physicians, need for pediatric medical devices to treat or when it comes to critical medical advances. researchers, and allied health professionals, diagnose diseases and conditions affecting Our devices were developed in Europe and who are actively engaged in the diagnosis, children is clear. Hence, it is essential that are available for home use in the pediatric treatment and research of respiratory dis- medical devices be manufactured with chil- population there. We have partnered with ease and critical care medicine. Many of the dren’s needs in mind. patients we treat are children suffering from Thank you for your continued commit- companies in the United States, including Sleep Services of America, and now have respiratory diseases. ment to improving the health and well-being FDA approval for device use in adults. We You have long been a champion of the of children. The American Academy of Pedi- are seeking approval for the use of our de- health needs of children and you are well atrics looks forward to working with you as vices in children where there is a great need. aware that children are not ‘‘little people.’’ this important legislation moves through Children have specific health needs and chal- While children and adults suffer from Congress. many of the same diseases and conditions, lenges. This is particularly true in the case Sincerely, their device needs can vary considerably. of medical equipment. AMERICAN ACADEMY OF Cutting-edge research and revolutionary The medical device industry has excelled PEDIATRICS. technologies have led to the development of in developing new products that improve the THE AMERICAN PEDIATRIC many innovative medical products; however, care and well being for patients with res- SOCIETY. very few are designed specifically for chil- piratory diseases. However, due to the re- THE ASSOCIATION OF dren. We support your efforts to address the duced market size, many of these break- MEDICAL SCHOOL barriers to pediatric device development through respiratory devices are not available PEDIATRIC DEPARTMENT through legislation, particularly in the fol- to children. Children do not have the same CHAIRS. lowing areas: access to ventilators, sleep apnea machines, THE SOCIETY FOR 1. Improving the ability of the Food and masks and other respiratory related equip- PEDIATRIC RESEARCH. Drug Administration (FDA) to track how ment that adults enjoy. The device access many and what types of devices are approved issue for children is a persistent problem in Murrysville, PA, August 16, 2006. for children each year; other fields of medicine. Hon. MIKE DEWINE, 2. Streamlining pediatric device approvals The research and regulatory requirements Russell Senate Office Building, by allowing the extrapolation of adult data for making pediatric specific devices can be Washington, DC. to support pediatric indications, as appro- daunting and may outweigh the business po- DEAR SENATOR DEWINE, Respironics, Inc. is priate; tential for entering the pediatric device mar- a global medical device company based in 3. Encouraging device manufacturers to ket. Pittsburgh, Pennsylvania. We are the world- create products for conditions that affect We have worked with our colleagues at the wide leader at anticipating needs and pro- small numbers of children by removing ex- American Academy of Pediatrics and mem- viding valued solutions to the sleep and res- isting restrictions on profit; bers of your staff to develop a legislative piratory markets. We employ approximately 4. Improving federal support for pediatric proposal that would remove many of the bar- 4,700 employees and have annual sales in ex- device development by creating a coordi- riers that exist to binging pediatric specific cess of one billion dollars. nated research agenda and establishing a

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contact point at the National Institutes of as craniosynostis and cleft lip and palate EASE OR CONDITION OR SIMILAR EFFECT OF DE- Health to help innovators access existing too. VICE ON ADULTS.— funding; It is our hope that your legislation will ‘‘(1) IN GENERAL.—If the course of the dis- 5. Improving pediatric device availability further spur the evolution of novel health ease or condition and the effects of the de- by establishing demonstration grants to pro- care solutions for children. The bill’s efforts vice are sufficiently similar in adults and pe- mote pediatric device development, includ- to streamline approvals for devices with pediatric patients, the Secretary may conclude ing connecting inventors and manufacturers, diatric indications, improve incentives for that adult data may be used to support a de- product identification, prototype develop- the development of devices for small pedi- termination of a reasonable assurance of ef- ment, and testing; atric populations, and encourage the estab- fectiveness in pediatric populations, as ap- 6. Improving post-market safety of pedi- lishment of non-profit consortia for pediatric propriate. atric devices by allowing FDA to call for device development should be commended. ‘‘(2) EXTRAPOLATION BETWEEN SUBPOPULA- postmarket pediatric studies, establishing a Stryker stands ready to assist you in your TIONS.—A study may not be needed in each publicly accessible database of postmarket drive to stimulate the further development pediatric subpopulation if data from one sub- studies, and giving FDA the ability to re- of child-centered medical technologies while population can be extrapolated to another quire studies longer than 3 years if needed to closely monitoring the safety of such prod- subpopulation.’’. answer longer-term pediatric questions. ucts after they have entered the market. SEC. 3. MODIFICATION TO HUMANITARIAN DE- Thank you for your leadership and com- Thank you again for your leadership on this VICE EXEMPTION. mitment to this issue. We look forward to important issue, and we look forward to (a) IN GENERAL.—Section 520(m) of the Fed- working closely with you toward passage of working with you to advance your bill as eral Food, Drug, and Cosmetic Act (21 U.S.C. legislation to improve children’s access to medical device reauthorization legislation 360j(m)) is amended— medical devices. moves forward in the 110th Congress. (1) in paragraph (3), by striking ‘‘No’’ and Sincerely, Sincerely, inserting ‘‘Except as provided in paragraph ULF JO¨ NSSON, ED ROZYNSKI, (6), no’’; President. Vice President, (2) in paragraph (5)— Global Government Affairs. (A) by inserting ‘‘, if the Secretary has rea- STRYKER CORPORATION, son to believe that the requirements of para- Washington, DC, December 4, 2006. S. 4098 graph (6) are no longer met,’’ after ‘‘public Senator CHRISTOPHER J. DODD, Be it enacted by the Senate and House of Rep- health’’; and Russell Senate Office Building, Washington, resentatives of the United States of America in (B) by adding at the end the following: ‘‘If DC. Congress assembled, the person granted an exemption under para- DEAR SENATOR DODD: On behalf of Stryker SECTION 1. SHORT TITLE. Corporation (‘‘Stryker’’), I am pleased to an- graph (2) fails to demonstrate continued This Act may be cited as the ‘‘Pediatric nounce our support for your legislation to compliance with the requirements of this Medical Device Safety and Improvement Act improve the availability and safety of pedi- subsection, the Secretary may suspend or of 2006’’. atric medical devices—the Pediatric Medical withdraw the exemption from the effective- Device Safety and Improvement Act of 2006. SEC. 2. TRACKING PEDIATRIC DEVICE APPROV- ness requirements of sections 514 and 515 for ALS. Like you and your colleagues, we want our a humanitarian device only after providing Chapter V of the Federal Food, Drug, and children to have access to the fullest and notice and an opportunity for an informal Cosmetic Act (21 U.S.C. 351 et seq.) is amend- best range of possible medical treatments, hearing.’’; ed by inserting after section 515 the fol- even if that means doing or inventing some- (3) by striking paragraph (6) and inserting lowing: thing new just for them. the following: We view this as our responsibility both as ‘‘SEC. 515A. PEDIATRIC USES OF DEVICES. ‘‘(6)(A) Except as provided in subparagraph the leading manufacturer of orthopaedic on- ‘‘(a) NEW DEVICES.— (D), the prohibition in paragraph (3) shall cology prostheses in the United States and ‘‘(1) IN GENERAL.—A person that submits to not apply with respect to a person granted as a global medical technology company the Secretary an application under section an exemption under paragraph (2) if each of with a significant presence in other medical 520(m), or an application (or supplement to the following conditions apply: specialties, including craniofacial deformi- an application) or a product development ‘‘(i)(I) The device with respect to which the ties such as cleft lip and palate. We take protocol under section 515, shall include in exemption is granted is intended for the pride in partnering with and sponsoring a the application or protocol the information treatment or diagnosis of a disease or condi- range of medical organizations, including described in paragraph (2). tion that occurs in pediatric patients or in a one which last year was able to provide free ‘‘(2) REQUIRED INFORMATION.—The applica- pediatric subpopulation, and such device is cleft lip surgeries to 8,531 children in 23 tion or protocol described in paragraph (1) labeled for use in pediatric patients or in a countries. The surgery took only about 45 shall include, with respect to the device for pediatric subpopulation in which the disease minutes and cost $750 per child, but the cor- which approval is sought and if readily avail- or condition occurs. rective surgery changed, in a positive way, able— ‘‘(II) The device was not previously ap- forevermore the lives of each and every child ‘‘(A) a description of any pediatric sub- proved under this subsection for the pedi- and the lives of their families too. populations that suffer from the disease or atric patients or the pediatric subpopulation We sincerely appreciate your leadership condition that the device is intended to described in subclause (I) prior to the date of role on children’s issues. We take very seri- treat, diagnose, or cure; and enactment of the Pediatric Medical Device ously not only our commitment to children ‘‘(B) the number of affected pediatric pa- Safety and Improvement Act of 2006. with cancer and craniofacial deformities but tients. ‘‘(ii) During any calendar year, the number also our responsibility to ensure that our de- ‘‘(3) ANNUAL REPORT.—Not later than 18 of such devices distributed during that year vices are safe and effective for use in pedi- months after the date of enactment of this does not exceed the annual distribution num- atric patients. section, and annually thereafter, the Sec- ber specified by the Secretary when the Sec- As you may know, there has been signifi- retary shall submit to the Committee on retary grants such exemption. The annual cant progress over the past two decades in Health, Education, Labor, and Pensions of distribution number shall be based on the the management of patients with musculo- the Senate and the Committee on Energy number of individuals affected by the disease skeletal cancers that has improved both the and Commerce of the House of Representa- or condition that such device is intended to survival rates and quality of life of afflicted tives a report that includes— treat, diagnose, or cure, and of that number, individuals. Twenty years ago, the standard ‘‘(A) the number of devices approved in the the number of individuals likely to use the treatment for any primary malignant bone year preceding the year in which the report device, and the number of devices reasonably and soft tissue sarcomas of the extremity is submitted, for which there is a pediatric necessary to treat such individuals. In no was amputation of the affected arm or leg. subpopulation that suffers from the disease case shall the annual distribution number Since that time, Stryker is proud to have or condition that the device is intended to exceed the number identified in paragraph partnered with leading pediatric oncology treat, diagnose, or cure; (2)(A). surgeons to develop limb-sparing, surgical ‘‘(B) the number of devices approved in the ‘‘(iii) Such person immediately notifies the solutions, including the implantation of a year preceding the year in which the report Secretary if the number of such devices dis- growing prosthesis that can be elongated to is submitted, labeled for use in pediatric pa- tributed during any calendar year exceeds account for children’s growth. tients; the annual distribution number referred to As with cancer, the treatment of ‘‘(C) the number of pediatric devices ap- in clause (ii). craniofacial deformities is an area in which proved in the year preceding the year in ‘‘(iv) The request for such exemption is Stryker has also significantly improved and which the report is submitted, exempted submitted on or before October 1, 2012. broadened its range of available medical from a fee pursuant to section 738(a)(2)(B)(v); ‘‘(B) The Secretary may inspect the products and solutions. With continued inno- and records relating to the number of devices dis- vation of new and improved ‘‘(D) the review time for each device de- tributed during any calendar year of a per- craniomaxillofacial technologies, Stryker scribed in subparagraphs (A), (B), and (C). son granted an exemption under paragraph hopes to continue to transform the lives of ‘‘(b) DETERMINATION OF PEDIATRIC EFFEC- (2) for which the prohibition in paragraph (3) children with craniofacial deformities, such TIVENESS BASED ON SIMILAR COURSE OF DIS- does not apply.

VerDate Aug 31 2005 10:31 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.130 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11347 ‘‘(C) A person may petition the Secretary (6) the profits made by manufacturers for tion to the Secretary of Health and Human to modify the annual distribution number each device that receives an exemption; Services at such time, in such manner, and specified by the Secretary under subpara- (7) an estimate of the extent of the use of containing such information as the Sec- graph (A)(ii) with respect to a device if addi- the pediatric devices by both adults and pe- retary may require. tional information on the number of individ- diatric populations for a condition or disease (c) USE OF FUNDS.—A nonprofit consortium uals affected by the disease or condition other than the condition or disease on the that receives a grant or contract under this arises, and the Secretary may modify such label of such devices; section shall— number but in no case shall the annual dis- (8) recommendations of the Comptroller (1) encourage innovation by connecting tribution number exceed the number identi- General of the United States regarding the qualified individuals with pediatric device fied in paragraph (2)(A). effectiveness of such section 520(m)(6) (as ideas with potential manufacturers; ‘‘(D) If a person notifies the Secretary, or amended by subsection (a)) and whether any the Secretary determines through an inspec- (2) mentor and manage pediatric device modifications to such section 520(m)(6) (as projects through the development process, tion under subparagraph (B), that the num- amended by subsection (a)) should be made; ber of devices distributed during any cal- including product identification, prototype (9) existing obstacles to pediatric device design, device development, and marketing; endar year exceeds the annual distribution development; and number, as required under subparagraph (3) connect innovators and physicians to (10) an evaluation of the demonstration (A)(iii), and modified under subparagraph existing Federal resources, including re- grants described in section 5. (C), if applicable, then the prohibition in sources from the Food and Drug Administra- (c) GUIDANCE.—Not later than 180 days tion, the National Institutes of Health, the paragraph (3) shall apply with respect to after the date of enactment of this Act, the such person for such device for any sales of Small Business Administration, the Depart- Commissioner of Food and Drugs shall issue ment of Energy, the Department of Edu- such device after such notification. guidance for institutional review commit- ‘‘(E)(i) In this subsection, the term ‘pedi- cation, the National Science Foundation, the tees on how to evaluate requests for approval atric patients’ means patients who are 21 Department of Veterans Affairs, the Agency for devices for which a humanitarian device years of age or younger at the time of the di- for Healthcare Research and Quality, and the agnosis or treatment. exemption under section 520(m)(2) of the National Institute of Standards and Tech- ‘‘(ii) In this subsection, the term ‘pediatric Federal Food, Drug, and Cosmetic Act (21 nology; subpopulation’ means 1 of the following pop- U.S.C. 360j(m)(2)) has been granted. (4) assess the scientific and medical merit ulations: SEC. 4. ENCOURAGING PEDIATRIC MEDICAL DE- of proposed pediatric device projects; ‘‘(I) Neonates. VICE RESEARCH. (5) assess business feasibility and provide (a) ACCESS TO FUNDING.—The Director of ‘‘(II) Infants. business advice; the National Institutes of Health shall des- ‘‘(III) Children. (6) provide assistance with prototype devel- ignate a contact point or office at the Na- ‘‘(IV) Adolescents.’’; and opment; and tional Institutes of Health to help (4) by adding at the end the following: (7) provide assistance with postmarket innovators and physicians access funding for ‘‘(7) The Secretary shall refer any report of needs, including training, logistics, and re- pediatric medical device development. an adverse event regarding a device for porting. which the prohibition under paragraph (3) (b) PLAN FOR PEDIATRIC MEDICAL DEVICE (d) COORDINATION.— does not apply pursuant to paragraph (6)(A) RESEARCH.— (1) NATIONAL INSTITUTES OF HEALTH.—Each that the Secretary receives to the Office of (1) IN GENERAL.—Not later than 180 days consortium that receives a grant or contract Pediatric Therapeutics, established under after the date of enactment of this Act, the section 6 of the Best Pharmaceuticals for Commissioner of Food and Drugs, in collabo- under this section shall— Children Act (Public Law 107–109)). In consid- ration with the Director of the National In- (A) coordinate with the National Institutes ering the report, the Director of the Office of stitutes of Health and the Director of the of Health’s pediatric device contact point or Pediatric Therapeutics, in consultation with Agency for Healthcare Research and Quality, office, designated under section 4; and experts in the Center for Devices and Radio- shall submit to the Committee on Health, (B) provide to the National Institutes of logical Health, shall provide for periodic re- Education, Labor, and Pensions of the Sen- Health any identified pediatric device needs view of the report by the Pediatric Advisory ate and the Committee on Energy and Com- that the consortium lacks sufficient capac- Committee, including obtaining any rec- merce of the House of Representatives a plan ity to address or those needs in which the ommendations of such committee regarding for expanding pediatric medical device re- consortium has been unable to stimulate whether the Secretary should take action search and development. In developing such manufacturer interest. under this Act in response to the report.’’. plan, the Commissioner of Food and Drugs (2) FOOD AND DRUG ADMINISTRATION.—Each (b) REPORT.—Not later than January 1, shall consult with individuals and organiza- consortium that receives a grant or contract 2011, the Comptroller General of the United tions with appropriate expertise in pediatric under this section shall coordinate with the States shall submit to the Committee on medical devices. Commissioner of Food and Drugs and device Health, Education, Labor, and Pensions of (2) CONTENTS.—The plan under paragraph companies to facilitate the application for the Senate and the Committee on Energy (1) shall include— approval or clearance of devices labeled for and Commerce of the House of Representa- (A) the current status of federally funded pediatric use. tives a report on the impact of allowing per- pediatric medical device research; (e) AUTHORIZATION OF APPROPRIATIONS.— sons granted an exemption under section (B) any gaps in such research, which may There are authorized to be appropriated to 520(m)(2) of the Federal Food, Drug, and Cos- include a survey of pediatric medical pro- carry out this section $6,000,000 for each of metic Act (21 U.S.C. 360j(m)(2)) with respect viders regarding unmet pediatric medical de- fiscal years 2007 through 2011. to a device to profit from such device pursu- vice needs, as needed; and SEC. 6. AMENDMENTS TO OFFICE OF PEDIATRIC ant to section 520(m)(6) of such Act (21 U.S.C. (C) a research agenda for improving pedi- 360j(m)(6)) (as amended by subsection (a)), in- THERAPEUTICS AND PEDIATRIC AD- atric medical device development and Food VISORY COMMITTEE. cluding— and Drug Administration clearance or ap- (a) OFFICE OF PEDIATRIC THERAPEUTICS.— (1) an assessment of whether such section proval of pediatric medical devices, and for Section 6(b) of the Best Pharmaceuticals for 520(m)(6) (as amended by subsection (a)) has evaluating the short- and long-term safety Children Act (21 U.S.C. 393a(b)) is amended increased the availability of pediatric de- and effectiveness of pediatric medical de- by inserting ‘‘, including increasing pediatric vices for conditions that occur in small num- vices. bers of children, including any increase or access to medical devices’’ after ‘‘pediatric SEC. 5. DEMONSTRATION GRANTS FOR IMPROV- issues’’. decrease in the number of— ING PEDIATRIC DEVICE AVAIL- (A) exemptions granted under such section ABILITY. (b) PEDIATRIC ADVISORY COMMITTEE.—Sec- 520(m)(2) for pediatric devices; and (a) IN GENERAL.— tion 14 of the Best Pharmaceuticals for Chil- (B) applications approved under section 515 (1) REQUEST FOR PROPOSALS.—Not later dren Act (42 U.S.C. 284m note) is amended— of such Act (21 U.S.C. 360e) for devices in- than 90 days after the date of enactment of (1) in subsection (a), by inserting ‘‘(includ- tended to treat, diagnose, or cure conditions this Act, the Secretary of Health and Human ing drugs and biological products) and med- that occur in pediatric patients or for de- Services shall issue a request for proposals ical devices’’ after ‘‘therapeutics’’; and vices labeled for use in a pediatric popu- for 1 or more grants or contracts to non- (2) in subsection (b)— lation; profit consortia for demonstration projects (A) in paragraph (1), by inserting ‘‘(includ- (2) the conditions or diseases the pediatric to promote pediatric device development. ing drugs and biological products) and med- devices were intended to treat or diagnose (2) DETERMINATION ON GRANTS OR CON- ical devices’’ after ‘‘therapeutics’’; and and the estimated size of the pediatric pa- TRACTS.—Not later than 180 days after the (B) in paragraph (2)— tient population for each condition or dis- date the Secretary of Health and Human (i) in subparagraph (A), by striking ‘‘and ease; Services issues a request for proposals under 505B’’ and inserting ‘‘505B, 510(k), 515, and (3) the costs of the pediatric devices, based paragraph (1), the Secretary shall make a de- 520(m)’’; on a survey of children’s hospitals; termination on the grants or contracts under (ii) by striking subparagraph (B) and in- (4) the extent to which the costs of such this section. serting the following: devices are covered by health insurance; (b) APPLICATION.—A nonprofit consortium ‘‘(B) identification of research priorities (5) the impact, if any, of allowing profit on that desires to receive a grant or contract related to therapeutics (including drugs and access to such devices for patients; under this section shall submit an applica- biological products) and medical devices for

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.111 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11348 CONGRESSIONAL RECORD — SENATE December 6, 2006 pediatric populations and the need for addi- (3) CONTENTS OF STUDY AND SURVEIL- encourage the development of devices tional diagnostics and treatments for spe- LANCE.—For each study or surveillance in- that are sized appropriately for chil- cific pediatric diseases or conditions; and’’; cluded in the database described in para- dren. According to pediatricians, med- and graph (1), the database shall include— ical devices sized appropriately for (iii) in subparagraph (C), by inserting ‘‘(in- (A) information on the status of the study cluding drugs and biological products) and or surveillance; children are developed sometimes 5 to medical devices’’ after ‘‘therapeutics’’. (B) basic information about the study or 10 years behind those for adults. The SEC. 7. STUDIES. surveillance, including the purpose, the pri- Pediatric Medical Device Safety and (a) POSTMARKET STUDIES.—Section 522 of mary and secondary outcomes, and the popu- Improvement Act takes a step towards the Federal Food, Drug, and Cosmetic Act lation targeted; fixing this problem by providing incen- (21 U.S.C. 360l) is amended— (C) the expected completion date of the tives for manufacturers to develop de- (1) in subsection (a)— study or surveillance; vices for children while also ensuring (A) by inserting ‘‘, or as a condition to ap- (D) public health notifications, including the safety of new products once on the proval of an application (or a supplement to safety alerts; and (E) any other information the Secretary of market. an application) or a product development By introducing this bill, we are say- protocol under section 515 or as a condition Health and Human Services determines ap- to clearance of a premarket notification re- propriate to protect the public health. ing that we care about our children. We port under section 510(k),’’ after ‘‘The Sec- (4) ONCE COMPLETED OR TERMINATED.—In are saying that we care that children retary may by order’’; and addition to the information described in have access to lifesaving medical de- (B) by inserting ‘‘, that is expected to have paragraph (3), once a study or surveillance vices that are designed specifically for significant use in pediatric populations,’’ has been completed or if a study or surveil- their small bodies. We are saying that after ‘‘health consequences’’; and lance is terminated, the database shall also we know we can do better for our chil- (2) in subsection (b)— include— (A) the actual date of completion or termi- dren and this bill will do just that. (A) by striking ‘‘(b) SURVEILLANCE AP- We all want to see better health care PROVAL.—Each’’ and inserting the following: nation; ‘‘(b) SURVEILLANCE APPROVAL.— (B) if the study or surveillance was termi- options for our sick children. I believe ‘‘(1) IN GENERAL.—Each’’; nated, the reason for termination; that with this bill we are taking the (B) by striking ‘‘The Secretary, in con- (C) if the study or surveillance was sub- first step to resolve a serious national sultation’’ and inserting ‘‘Except as provided mitted but not accepted by the Food and health problem. While this legislation in paragraph (2), the Secretary, in consulta- Drug Administration because the study or obviously will not pass this year, I surveillance did not meet the requirements tion’’; know that Senator DODD will continue (C) by striking ‘‘Any determination’’ and for such study or surveillance, an explanation of the reasons and any follow-up ac- to work on it next year and encourage inserting ‘‘Except as provided in paragraph my Republican colleagues to take a (2), any determination’’; and tion required; (D) by adding at the end the following: (D) information about any labeling close look at this bill and support it in ‘‘(2) LONGER STUDIES FOR PEDIATRIC DE- changes made to the device as a result of the the 110th Congress. VICES.—The Secretary may by order require study or surveillance findings; I ask unanimous consent that the a prospective surveillance period of more (E) information about any other decisions text of the bill be printed in the than 36 months with respect to a device that or actions of the Food and Drug Administra- RECORD. is expected to have significant use in pedi- tion that result from the study or surveil- f atric populations if such period of more than lance findings; 36 months is necessary in order to assess the (F) lay and technical summaries of the SUBMITTED RESOLUTIONS impact of the device on growth and develop- study or surveillance results and key find- ment, or the effects of growth, development, ings, or an explanation as to why the results activity level, or other factors on the safety and key findings do not warrant public availability; SENATE RESOLUTION 624—TO or efficacy of the device.’’. HONOR THE MEMORY OF AR- (b) DATABASE.— (G) a link to any peer reviewed articles on (1) IN GENERAL.— the study or surveillance; and NOLD ‘‘RED’’ AUERBACH (A) ESTABLISHMENT.—The Secretary of (H) any other information the Secretary of Mr. KENNEDY (for himself and Mr. Health and Human Services determines ap- Health and Human Services, acting through KERRY) submitted the following resolu- the Commissioner of Food and Drugs, shall propriate to protect the public health. (5) PUBLIC ACCESS.—The database described tion; which was referred to the Com- establish a publicly accessible database of mittee on the Judiciary: studies of medical devices that includes all in paragraph (1) shall be— studies and surveillances, described in para- (A) accessible to the general public; and S. RES. 624 graph (2)(A), that were in progress on the (B) easily searchable by multiple criteria, Whereas Arnold ‘‘Red’’ Auerbach was born date of enactment of this Act or that began including whether the study or surveillance on September 20, 1917, in Brooklyn, New after such date. involves pediatric populations. York, the son of immigrants from Minsk, (B) ACCESSIBILITY.—Information included (c) MEDICAL DEVICE CODING.—The Sec- Russia; in the database under subparagraph (A) shall retary of Health and Human Services, in con- Whereas Red started playing basketball as be in language reasonably accessible and un- sultation with the Commissioner of Food and a public school student in Brooklyn and derstood by individuals without specific ex- Drugs, shall adopt voluntary national stand- later became a star guard for Eastern Dis- pertise in the medical field. ards for medical device coding. In adopting trict High School, making all-scholastic sec- (2) STUDIES AND SURVEILLANCES.— voluntary national standards for medical de- ond team in his senior year; (A) INCLUDED.—The database described in vice coding, the Secretary of Health and Whereas Red started his coaching career at paragraph (1) shall include— Human Services shall coordinate with other St. Albans Preparatory School and Roosevelt (i) all postmarket surveillances ordered efforts by the Secretary to adopt and imple- High School in Washington, D.C., before under section 522(a) of the Federal Food, ment standards for the electronic exchange serving in the United States Navy from 1943 Drug, and Cosmetic Act (21 U.S.C. 360l(a)) or of health information. to 1946; agreed to by the manufacturer; and Mr. DEWINE. Mr. President, today I Whereas, in 1946, Red began his profes- (ii) all other studies completed by the join my colleague Senator DODD to in- sional coaching career with the Washington manufacturer with respect to a medical de- troduce a bill designed to help protect Capitols in the Basketball Association of vice after— our Nation’s children. Simply put, our America (BAA) and led the team to the 1947 (I) the premarket approval of such device bill would help ensure that our chil- and 1949 division titles, then joined the Bos- under section 515 of the Federal Food, Drug, ton Celtics as coach in 1950 after the BAA and Cosmetic Act (21 U.S.C. 360e); dren have access to lifesaving medical merged with the National Basketball Asso- (II) the clearance of a premarket notifica- devices that are designed specifically ciation (NBA); tion report under section 510(k) of such Act for their small bodies. Since the begin- Whereas Red’s record of success on the bas- (21 U.S.C. 360(k)) with respect to such device; ning of my career, my No. 1 priority ketball court and in the Celtics’ front office or has been to ensure that our children is unmatched; (III) submission of an application under are healthy and safe. There is no other Whereas, during Red’s 16 years coaching section 520(m) of such Act (21 U.S.C. 360j(m)) issue more important to me. the Boston Celtics, the team won 9 NBA with respect to such device. Today, many medical devices used by championships, with a record 8 in a row; (B) EXCLUDED.—The database described in Whereas, when Red retired from coaching paragraph (1) shall not include any studies pediatricians are not designed for chil- in 1966 to become General Manager of the with respect to a medical device that were dren. That means that doctors have to Celtics, he had won more games than any completed prior to the initial approval of fit adult sized devices into children’s other coach in NBA history with 1,037 vic- such device. bodies. This is not right. We need to tories and had won almost two-thirds of the

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games he coached over a 20-year NBA coach- S. RES. 625 submitted an amendment intended to be pro- ing career; Resolved, That Senate Resolution 105 of the posed by him to the bill H.R. 4388, to amend Whereas during his nearly 57-year tenure One Hundred First Congress, 1st session the Internal Revenue Code of 1986 to extend with the Celtics as Head Coach, General (agreed to on April 13, 1989), as amended by certain expiring provisions, and for other Manager, Vice Chairman of the Board, and Senate Resolution 149 of the One Hundred purposes; which was ordered to lie on the President, Red was the architect of one of Third Congress, 1st session (agreed to on Oc- table. the greatest dynasties in the history of pro- tober 5, 1993), as further amended by Senate SA 5223. Mr. FRIST (for Ms. COLLINS) professional sports; Resolution 75 of the One Hundred Sixth Con- posed an amendment to the bill S. 3821, to Whereas Red infused the Celtics organiza- gress, 1st session (agreed to on March 25, authorize certain athletes to be admitted tion with the values of teamwork, respect, 1999), as further amended by Senate Resolu- temporarily into the United States to com- tenacity, and loyalty, creating a culture tion 383 of the One Hundred Sixth Congress, pete or perform in an athletic league, com- known as ‘‘Celtic Pride’’ that will be forever 2d session (agreed to on October 27, 2000), as petition, or performance. associated with the Boston Celtics franchise; further amended by Senate Resolution 355 of f Whereas Red’s imprint on the Celtics, the the One Hundred Seventh Congress, 2d ses- NBA, and the game of basketball is perma- sion (agreed to on November 13, 2002), and as TEXT OF AMENDMENTS nent and visible today in innovations that further amended by Senate Resolution 480 of SA 5212. Mr. ENSIGN (for Mr. ENZI the One Hundred Eighth Congress, 2d session Red developed, including the ‘‘sixth man’’ (for himself and Mr. KENNEDY) proposed (agreed to November 20, 2004), is further role and fast break style of play; an amendment to the bill H.R. 6143, to Whereas Red was an effective and tireless amended in section 4 by striking ‘‘2006’’ and ambassador for the game of basketball, both inserting ‘‘2008’’. amend title XXVI of the Public Health Service Act to revise and extend the in the United States and overseas, con- f ducting clinics, barnstorming with the Celt- program for providing life-saving care ics, starring in the successful television se- AMENDMENTS SUBMITTED & for those with HIV AIDS; as follows: ries ‘‘Red on Roundball’’, writing 7 books on PROPOSED Strike all after the enacting clause and in- basketball, including the influential ‘‘Bas- SA 5212. Mr. ENSIGN (for Mr. ENZI (for sert the following: ketball For The Player, The Coach, and The himself and Mr. KENNEDY)) proposed an SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Fan’’, and participating with Celtics great amendment to the bill H.R. 6143, to amend (a) SHORT TITLE.—This Act may be cited as and Hall of Famer Larry Bird in the instruc- title XXVI of the Public Health Service Act the ‘‘Ryan White HIV/AIDS Treatment Mod- tional video, ‘‘Winning Basketball’’; to revise and extend the program for pro- ernization Act of 2006’’. Whereas Red received numerous awards viding life-saving care for those with HIV (b) TABLE OF CONTENTS.—The table of con- and honors in recognition of his extraor- AIDS. tents of this Act is as follows: dinary achievements, such as selection as NHOFE (for SA 5213. Mr. FRIST (for Mr. I Sec. 1. Short title; table of contents. the NBA Coach of the Year in 1965, induction himself, Mr. CHAFEE, and Mr. JEFFORDS)) into the Naismith Memorial Basketball Hall proposed an amendment to the bill H.R. 4588, TITLE I—EMERGENCY RELIEF FOR of Fame in 1969, designation as the NBA Ex- to reauthorize grants for and require applied ELIGIBLE AREAS ecutive of the Year in 1980, and selection as water supply research regarding the water Sec. 101. Establishment of program; general ‘‘The Greatest Coach in the History of the resources research and technology institutes eligibility for grants. NBA’’ by the Professional Basketball Writ- established under the Water Resources Re- Sec. 102. Type and distribution of grants; ers’ Association of America in 1980; search Act of 1984. formula grants. Whereas Red’s lighting of his cigar in the SA 5214. Mr. FRIST (for Mr. INHOFE (for Sec. 103. Type and distribution of grants; closing moments of an imminent Celtics’ himself, Mr. JEFFORDS, Mr. BOND, and Mr. supplemental grants. victory became an enduring symbol of suc- BAUCUS)) proposed an amendment to the bill Sec. 104. Timeframe for obligation and excess in Boston and around the world; S. 2735, to amend the National Dam Safety penditure of grant funds. Whereas Red’s legacy extends beyond the Program Act to reauthorize the national Sec. 105. Use of amounts. game of basketball and includes his impor- dam safety program, and for other purposes. Sec. 106. Additional amendments to part A. tant contributions to the advancement of a SA 5215. Mr. FRIST proposed an amend- Sec. 107. New program in part A; transi- colorblind society through his decisions to ment to the concurrent resolution H. Con. tional grants for certain areas draft the NBA’s first African-American play- Res. 430, recognizing the accomplishments of ineligible under section 2601. er, Chuck Cooper, in 1950, hire the first Afri- the American Council of Young Political Sec. 108. Authorization of appropriations for can-American head coach in professional Leaders for providing 40 years of inter- part A. sports, Bill Russell, in 1966, and field the national exchange programs, increasing TITLE II—CARE GRANTS first starting lineup in the NBA consisting international dialogue, and enhancing global Sec. 201. General use of grants. entirely of African-American players in 1964; understanding, and commemorating its 40th Sec. 202. AIDS Drug Assistance Program. and anniversary. Sec. 203. Distribution of funds. Whereas the name Red Auerbach will for- SA 5216. Mr. FRIST (for Mr. AKAKA) pro- Sec. 204. Additional amendments to subpart ever be synonymous with winning, intensity, posed an amendment to the bill S. 1876, to I of part B. integrity, and charitable causes: Now, there- provide that attorneys employed by the De- Sec. 205. Supplemental grants on basis of fore, be it partment of Justice shall be eligible for com- demonstrated need. Resolved, That it is the sense of the Senate pensatory time off for travel under section Sec. 206. Emerging communities. that— 5550b of title 5, United States Code. Sec. 207. Timeframe for obligation and ex- (1) Arnold ‘‘Red’’ Auerbach was a basket- SA 5217. Mr. FRIST (for Mr. SPECTER (for penditure of grant funds. ball genius who embodied the values of cre- himself, Mr. LEAHY, Mr. REID, Mr. CORNYN, Sec. 208. Authorization of appropriations for ativity, determination, versatility, and com- and Mr. DURBIN)) proposed an amendment to subpart I of part B. mitment to helping the less fortunate; the bill H.R. 1751, to amend title 18, United Sec. 209. Early diagnosis grant program. (2) Red Auerbach was a leader in the effort States Code, to protect judges, prosecutors, Sec. 210. Certain partner notification pro- to remove racial barriers and allow merit to witnesses , victims, and their family mem- grams; authorization of appro- prevail in professional sports, through his bers, and for other purposes. priations. decisions to draft, hire, and prominently fea- SA 5218. Mr. FRIST (for Mr. STEVENS) proposed an amendment to the bill S. 2653, to di- TITLE III—EARLY INTERVENTION ture African-Americans on the Boston Celt- SERVICES ics basketball team; and rect the Federal Communications Commis- Sec. 301. Establishment of program; core (3) Red Auerbach’s place among the great- sion to make efforts to reduce telephone medical services. est coaches and executives of all time is as- rates for Armed Forces personnel deployed Sec. 302. Eligible entities; preferences; plan- sured, his contributions to the betterment of overseas. SA 5219. Mr. FRIST (for Mr. ENZI) proposed ning and development grants. society will always endure, and his life ex- an amendment to the bill H.R. 864, to provide Sec. 303. Authorization of appropriations. emplifies the very best ideals of the United for programs and activities with respect to Sec. 304. Confidentiality and informed con- States. the prevention of underage drinking. sent. SA 5220. Mr. FRIST (for Mr. STEVENS) pro- Sec. 305. Provision of certain counseling f posed an amendment to the bill H.R. 4075, to services. amend the Marine Mammal Protection Act Sec. 306. General provisions. SENATE RESOLUTION 625—EX- of 1972 to provide for better understanding TITLE IV—WOMEN, INFANTS, CHILDREN, TENDING THE AUTHORITY FOR and protection of marine mammals, and for AND YOUTH THE SENATE NATIONAL SECU- other purposes. Sec. 401. Women, infants, children, and SA 5221. Mr. FRIST (for Mr. STEVENS) pro- RITY WORKING GROUP youth. posed an amendment to the bill H.R. 4075, Sec. 402. GAO Report. Mr. FRIST (for himself and Mr. REID) supra. submitted the following resolution; SA 5222. Mr. WYDEN (for himself, Ms. TITLE V—GENERAL PROVISIONS which was considered and agreed to: CANTWELL, Mr. SMITH, and Mrs. MURRAY) Sec. 501. General provisions.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0655 E:\CR\FM\A06DE6.119 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11350 CONGRESSIONAL RECORD — SENATE December 6, 2006 TITLE VI—DEMONSTRATION AND ciency syndrome’’ and inserting ‘‘living shall be a reduction of 5 percent in the num- TRAINING cases of HIV/AIDS (reported to and con- ber of living non-AIDS cases of HIV reported Sec. 601. Demonstration and training. firmed by the Director of the Centers for Dis- for the area. Sec. 602. AIDS education and training cen- ease Control and Prevention)’’; and ‘‘(vii) MULTIPLE POLITICAL JURISDICTIONS.— ters. (2) by striking subparagraphs (C) through With respect to living non-AIDS cases of Sec. 603. Codification of minority AIDS ini- (E) and inserting the following: HIV, if an eligible area is not entirely within tiative. ‘‘(C) LIVING CASES OF HIV/AIDS.— one political jurisdiction and as a result is ‘‘(i) REQUIREMENT OF NAMES-BASED REPORT- subject to more than one reporting system TITLE VII—MISCELLANEOUS ING.—Except as provided in clause (ii), the for purposes of this subparagraph: PROVISIONS number determined under this subparagraph ‘‘(I) Names-based reporting under clause (i) Sec. 701. Hepatitis; use of funds. for an eligible area for a fiscal year for pur- applies in a jurisdictional portion of the Sec. 702. Certain references. poses of subparagraph (B) is the number of area, or an exemption under clause (ii) ap- Sec. 703. Repeal. living names-based cases of HIV/AIDS that, plies in such portion (subject to applicable TITLE I—EMERGENCY RELIEF FOR as of December 31 of the most recent cal- provisions of this subparagraph), according ELIGIBLE AREAS endar year for which such data is available, to whether names-based reporting or code- SEC. 101. ESTABLISHMENT OF PROGRAM; GEN- have been reported to and confirmed by the based reporting is used in such portion. ERAL ELIGIBILITY FOR GRANTS. Director of the Centers for Disease Control ‘‘(II) If under subclause (I) both names- (a) IN GENERAL.—Section 2601 of the Public and Prevention. based reporting and code-based reporting Health Service Act (42 U.S.C. 300ff-11) is ‘‘(ii) TRANSITION PERIOD; EXEMPTION RE- apply in the area, the number of code-based amended by striking subsections (b) through GARDING NON-AIDS CASES.—For each of the cases shall be reduced under clause (vi). (d) and inserting the following: fiscal years 2007 through 2009, an eligible ‘‘(viii) LIST OF ELIGIBLE AREAS MEETING area is, subject to clauses (iii) through (v), STANDARD REGARDING DECEMBER 31, 2005.— ‘‘(b) CONTINUED STATUS AS ELIGIBLE exempt from the requirement under clause ‘‘(I) IN GENERAL.—If an eligible area or por- AREA.—Notwithstanding any other provision of this section, a metropolitan area that is (i) that living names-based non-AIDS cases tion thereof is in a State specified in sub- an eligible area for a fiscal year continues to of HIV be reported unless— clause (II), the eligible area or portion shall be considered to meet the standard described be an eligible area until the metropolitan ‘‘(I) a system was in operation as of De- cember 31, 2005, that provides sufficiently ac- in clause (ii)(I). No other eligible area or por- area fails, for three consecutive fiscal curate and reliable names-based reporting of tion thereof may be considered to meet such years— such cases throughout the State in which the standard. ‘‘(1) to meet the requirements of sub- area is located, subject to clause (viii); or ‘‘(II) RELEVANT STATES.—For purposes of section (a); and ‘‘(II) no later than the beginning of fiscal subclause (I), the States specified in this sub- ‘‘(2) to have a cumulative total of 3,000 or year 2008 or 2009, the Secretary, in consulta- clause are the following: Alaska, Alabama, more living cases of AIDS (reported to and tion with the chief executive of the State in Arkansas, Arizona, Colorado, Florida, Indi- confirmed by the Director of the Centers for which the area is located, determines that a ana, Iowa, Idaho, Kansas, Louisiana, Michi- Disease Control and Prevention) as of De- system has become operational in the State gan, Minnesota, Missouri, Mississippi, North cember 31 of the most recent calendar year that provides sufficiently accurate and reli- Carolina, North Dakota, Nebraska, New Jer- for which such data is available. able names-based reporting of such cases sey, New Mexico, New York, Nevada, Ohio, ‘‘(c) BOUNDARIES.—For purposes of deter- throughout the State. Oklahoma, South Carolina, South Dakota, mining eligibility under this part— ‘‘(iii) REQUIREMENTS FOR EXEMPTION FOR Tennessee, Texas, Utah, Virginia, Wisconsin, ‘‘(1) with respect to a metropolitan area FISCAL YEAR 2007.—For fiscal year 2007, an ex- West Virginia, Wyoming, Guam, and the Vir- that received funding under this part in fis- emption under clause (ii) for an eligible area gin Islands. cal year 2006, the boundaries of such metro- applies only if, by October 1, 2006— ‘‘(ix) RULES OF CONSTRUCTION REGARDING politan area shall be the boundaries that ‘‘(I)(aa) the State in which the area is lo- ACCEPTANCE OF REPORTS.— were in effect for such area for fiscal year cated had submitted to the Secretary a plan ‘‘(I) CASES OF AIDS.—With respect to an eli- 1994; or for making the transition to sufficiently ac- gible area that is subject to the requirement ‘‘(2) with respect to a metropolitan area curate and reliable names-based reporting of under clause (i) and is not in compliance that becomes eligible to receive funding living non-AIDS cases of HIV; or with the requirement for names-based re- under this part in any fiscal year after fiscal ‘‘(bb) all statutory changes necessary to porting of living non-AIDS cases of HIV, the year 2006, the boundaries of such metropoli- provide for sufficiently accurate and reliable Secretary shall, notwithstanding such non- tan area shall be the boundaries that are in reporting of such cases had been made; and compliance, accept reports of living cases of effect for such area when such area initially ‘‘(II) the State had agreed that, by April 1, AIDS that are in accordance with such receives funding under this part.’’. 2008, the State will begin accurate and reli- clause. (b) TECHNICAL AND CONFORMING AMEND- able names-based reporting of such cases, ex- ‘‘(II) APPLICABILITY OF EXEMPTION REQUIRE- MENTS.—Section 2601(a) of the Public Health cept that such agreement is not required to MENTS.—The provisions of clauses (ii) Service Act (42 U.S.C. 300ff-11(a)) is amend- provide that, as of such date, the system for through (viii) may not be construed as hav- ed— such reporting be fully sufficient with re- ing any legal effect for fiscal year 2010 or any (1) by striking ‘‘through (d)’’ and inserting spect to accuracy and reliability throughout subsequent fiscal year, and accordingly, the ‘‘through (c)’’; and the area. status of a State for purposes of such clauses (2) by inserting ‘‘and confirmed by’’ after ‘‘(iv) REQUIREMENT FOR EXEMPTION AS OF may not be considered after fiscal year 2009. ‘‘reported to’’. FISCAL YEAR 2008.—For each of the fiscal ‘‘(x) PROGRAM FOR DETECTING INACCURATE (c) DEFINITION OF METROPOLITAN AREA.— years 2008 through 2010, an exemption under OR FRAUDULENT COUNTING.—The Secretary Section 2607(2) of the Public Health Service clause (ii) for an eligible area applies only if, shall carry out a program to monitor the re- Act (42 U.S.C. 300ff-17(2)) is amended— as of April 1, 2008, the State in which the porting of names-based cases for purposes of (1) by striking ‘‘area referred’’ and insert- area is located is substantially in compli- this subparagraph and to detect instances of ing ‘‘area that is referred’’; and ance with the agreement under clause inaccurate reporting, including fraudulent (2) by inserting before the period the fol- (iii)(II). reporting.’’. lowing: ‘‘, and that has a population of 50,000 ‘‘(v) PROGRESS TOWARD NAMES-BASED RE- (c) CODE-BASED AREAS; LIMITATION ON IN- or more individuals’’. PORTING.—For fiscal year 2009, the Secretary CREASE IN GRANT.—Section 2603(a)(3) of the SEC. 102. TYPE AND DISTRIBUTION OF GRANTS; may terminate an exemption under clause Public Health Service Act (42 U.S.C. 300ff- FORMULA GRANTS. (ii) for an eligible area if the State in which 13(a)), as amended by subsection (b)(2) of this (a) DISTRIBUTION PERCENTAGES.—Section the area is located submitted a plan under section, is amended by adding at the end the 2603(a)(2) of the Public Health Service Act (42 clause (iii)(I)(aa) and the Secretary deter- following subparagraph: U.S.C. 300ff-13(a)(2)) is amended— mines that the State is not substantially fol- ‘‘(D) CODE-BASED AREAS; LIMITATION ON IN- (1) in the first sentence— lowing the plan. CREASE IN GRANT .— (A) by striking ‘‘50 percent of the amount ‘‘(vi) COUNTING OF CASES IN AREAS WITH EX- ‘‘(i) IN GENERAL.—For each of the fiscal appropriated under section 2677’’ and insert- EMPTIONS.— years 2007 through 2009, if code-based reporting ‘‘662⁄3 percent of the amount made avail- ‘‘(I) IN GENERAL.—With respect to an eligi- ing (within the meaning of subparagraph able under section 2610(b) for carrying out ble area that is under a reporting system for (C)(vi)) applies in an eligible area or any por- this subpart’’; and living non-AIDS cases of HIV that is not tion thereof as of the beginning of the fiscal (B) by striking ‘‘paragraph (3)’’ and insert- names-based (referred to in this subpara- year involved, then notwithstanding any ing ‘‘paragraphs (3) and (4)’’. graph as ‘code-based reporting’), the Sec- other provision of this paragraph, the (2) by striking the last sentence. retary shall, for purposes of this subpara- amount of the grant pursuant to this para- (b) DISTRIBUTION BASED ON LIVING CASES OF graph, modify the number of such cases re- graph for such area for such fiscal year may HIV/AIDS.—Section 2603(a)(3) of the Public ported for the eligible area in order to adjust not— Health Service Act (42 U.S.C. 300ff-13(a)(3)) is for duplicative reporting in and among sys- ‘‘(I) for fiscal year 2007, exceed by more amended— tems that use code-based reporting. than 5 percent the amount of the grant for (1) in subparagraph (B), by striking ‘‘esti- ‘‘(II) ADJUSTMENT RATE.—The adjustment the area that would have been made pursu- mated living cases of acquired immune defi- rate under subclause (I) for an eligible area ant to this paragraph and paragraph (4) for

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.121 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11351 fiscal year 2006 (as such paragraphs were in section (a)(4)(B)(i) and section 2610(d), the pursuant to subsection (a) or (b) for a fiscal effect for such fiscal year) if paragraph (2) Secretary shall’’; year are available for obligation by the eligi- (as so in effect) had been applied by sub- (B) in subparagraph (B), by striking ‘‘dem- ble area involved through the end of the one- stituting ‘662⁄3 percent’ for ‘50 percent’; and onstrates the severe need in such area’’ and year period beginning on the date in such fis- ‘‘(II) for each of the fiscal years 2008 and inserting ‘‘demonstrates the need in such cal year on which funds from the award first 2009, exceed by more than 5 percent the area, on an objective and quantified basis,’’; become available to the area (referred to in amount of the grant pursuant to this para- (C) by striking subparagraph (F) and in- this subsection as the ‘grant year for the graph and paragraph (4) for the area for the serting the following: award’), except as provided in paragraph preceding fiscal year. ‘‘(F) demonstrates the inclusiveness of af- (3)(A). ‘‘(ii) USE OF AMOUNTS INVOLVED.—For each fected communities and individuals with ‘‘(2) SUPPLEMENTAL GRANTS; CANCELLATION of the fiscal years 2007 through 2009, amounts HIV/AIDS;’’; OF UNOBLIGATED BALANCE OF GRANT AWARD.— available as a result of the limitation under (D) in subparagraph (G), by striking the pe- Effective for fiscal year 2007 and subsequent clause (i) shall be made available by the Sec- riod and inserting ‘‘; and’’; and fiscal years, if a grant award made pursuant retary as additional amounts for grants pur- (E) by adding at the end the following: to subsection (b) for an eligible area for a fis- suant to subsection (b) for the fiscal year in- ‘‘(H) demonstrates the ability of the appli- cal year has an unobligated balance as of the volved, subject to paragraph (4) and section cant to expend funds efficiently by not hav- end of the grant year for the award— 2610(d)(2).’’. ing had, for the most recent grant year under ‘‘(A) the Secretary shall cancel that unob- (d) HOLD HARMLESS.—Section 2603(a) of the subsection (a) for which data is available, ligated balance of the award, and shall re- Public Health Service Act (42 U.S.C. 300ff- more than 2 percent of grant funds under quire the eligible area to return any 13(a)) is amended— such subsection canceled or covered by any amounts from such balance that have been (1) in paragraph (3)(A)— waivers under subsection (c)(3).’’; and disbursed to the area; and (A) in clause (ii), by striking the period at (2) in paragraph (2)— ‘‘(B) the funds involved shall be made the end and inserting a semicolon; and (A) in subparagraph (A), by striking ‘‘se- available by the Secretary as additional (B) by inserting after and below clause (ii) vere need’’ and inserting ‘‘demonstrated amounts for grants pursuant to subsection the following: need’’; (b) for the first fiscal year beginning after ‘‘which product shall then, as applicable, be (B) by striking subparagraph (B) and in- increased under paragraph (4).’’. serting the following: the fiscal year in which the Secretary obtains the information necessary for deter- (2) by amending paragraph (4) to read as ‘‘(B) DEMONSTRATED NEED.—The factors follows: considered by the Secretary in determining mining that the balance is required under ‘‘(4) INCREASES IN GRANT.— whether an eligible area has a demonstrated subparagraph (A) to be canceled, except that ‘‘(A) IN GENERAL.—For each eligible area need for purposes of paragraph (1)(B) may in- the availability of the funds for such grants that received a grant pursuant to this sub- clude any or all of the following: is subject to subsection (a)(4) and section section for fiscal year 2006, the Secretary ‘‘(i) The unmet need for such services, as 2610(d)(2) as applied for such year. shall, for each of the fiscal years 2007 determined under section 2602(b)(4) or other ‘‘(3) FORMULA GRANTS; CANCELLATION OF UN- through 2009, increase the amount of the community input process as defined under OBLIGATED BALANCE OF GRANT AWARD; WAIVER grant made pursuant to paragraph (3) for the section 2609(d)(1)(A). PERMITTING CARRYOVER.— area to ensure that the amount of the grant ‘‘(ii) An increasing need for HIV/AIDS-re- ‘‘(A) IN GENERAL.—Effective for fiscal year for the fiscal year involved is not less than lated services, including relative rates of in- 2007 and subsequent fiscal years, if a grant the following amount, as applicable to such crease in the number of cases of HIV/AIDS. award made pursuant to subsection (a) for an fiscal year: ‘‘(iii) The relative rates of increase in the eligible area for a fiscal year has an unobli- ‘‘(i) For fiscal year 2007, an amount equal number of cases of HIV/AIDS within new or gated balance as of the end of the grant year to 95 percent of the amount of the grant that emerging subpopulations. for the award, the Secretary shall cancel would have been made pursuant to paragraph ‘‘(iv) The current prevalence of HIV/AIDS. that unobligated balance of the award, and (3) and this paragraph for fiscal year 2006 (as ‘‘(v) Relevant factors related to the cost shall require the eligible area to return any such paragraphs were in effect for such fiscal and complexity of delivering health care to amounts from such balance that have been year) if paragraph (2) (as so in effect) had individuals with HIV/AIDS in the eligible disbursed to the area, unless— been applied by substituting ‘662⁄3 percent’ area. ‘‘(i) before the end of the grant year, the for ‘50 percent’. ‘‘(vi) The impact of co-morbid factors, in- chief elected official of the area submits to ‘‘(ii) For each of the fiscal years 2008 and cluding co-occurring conditions, determined the Secretary a written application for a 2009, an amount equal to 100 percent of the relevant by the Secretary. waiver of the cancellation, which application amount of the grant made pursuant to para- ‘‘(vii) The prevalence of homelessness. includes a description of the purposes for graph (3) and this paragraph for fiscal year ‘‘(viii) The prevalence of individuals de- which the area intends to expend the funds 2007. scribed under section 2602(b)(2)(M). involved; and ‘‘(B) SOURCE OF FUNDS FOR INCREASE.— ‘‘(ix) The relevant factors that limit access ‘‘(ii) the Secretary approves the waiver. ‘‘(i) IN GENERAL.—From the amounts avail- to health care, including geographic vari- ‘‘(B) EXPENDITURE BY END OF CARRYOVER able for carrying out the single program re- ation, adequacy of health insurance cov- YEAR.—With respect to a waiver under sub- ferred to in section 2609(d)(2)(C) for a fiscal erage, and language barriers. paragraph (A) that is approved for a balance year (relating to supplemental grants), the ‘‘(x) The impact of a decline in the amount that is unobligated as of the end of a grant Secretary shall make available such received pursuant to subsection (a) on serv- year for an award: amounts as may be necessary to comply with ices available to all individuals with HIV/ ‘‘(i) The unobligated funds are available for subparagraph (A), subject to section AIDS identified and eligible under this expenditure by the eligible area involved for 2610(d)(2). title.’’; and the one-year period beginning upon the expi- ‘‘(ii) PRO RATA REDUCTION.—If the amounts (C) by striking subparagraphs (C) and (D) ration of the grant year (referred to in this referred to in clause (i) for a fiscal year are and inserting the following: subsection as the ‘carryover year’). insufficient to fully comply with subpara- ‘‘(C) PRIORITY IN MAKING GRANTS.—The Sec- ‘‘(ii) If the funds are not expended by the graph (A) for the year, the Secretary, in retary shall provide funds under this sub- end of the carryover year, the Secretary order to provide the additional funds nec- section to an eligible area to address the de- shall cancel that unexpended balance of the essary for such compliance, shall reduce on a cline or disruption of all EMA-provided serv- award, and shall require the eligible area to pro rata basis the amount of each grant pur- ices related to the decline in the amounts re- return any amounts from such balance that suant to this subsection for the fiscal year, ceived pursuant to subsection (a) consistent have been disbursed to the area. other than grants for eligible areas for which with the grant award for the eligible area for ‘‘(C) USE OF CANCELLED BALANCES.—In the increases under subparagraph (A) apply. A fiscal year 2006, to the extent that the factor case of any balance of a grant award that is reduction under the preceding sentence may under subparagraph (B)(x) (relating to a de- cancelled under subparagraph (A) or (B)(ii), not be made in an amount that would result cline in funding) applies to the eligible the grant funds involved shall be made avail- in the eligible area involved becoming eligi- area.’’. able by the Secretary as additional amounts ble for such an increase. SEC. 104. TIMEFRAME FOR OBLIGATION AND EX- for grants pursuant to subsection (b) for the ‘‘(C) LIMITATION.—This paragraph may not PENDITURE OF GRANT FUNDS. first fiscal year beginning after the fiscal be construed as having any applicability Section 2603 of the Public Health Service year in which the Secretary obtains the in- after fiscal year 2009.’’. Act (42 U.S.C. 300ff–13) is amended— formation necessary for determining that SEC. 103. TYPE AND DISTRIBUTION OF GRANTS; (1) by redesignating subsection (c) as sub- the balance is required under such subpara- SUPPLEMENTAL GRANTS. section (d); graph to be canceled, except that the avail- Section 2603(b) of the Public Health Serv- (2) by inserting after subsection (b) the fol- ability of the funds for such grants is subject ice Act (42 U.S.C. 300ff-13(b)) is amended— lowing: to subsection (a)(4) and section 2610(d)(2) as (1) in paragraph (1)— ‘‘(c) TIMEFRAME FOR OBLIGATION AND EX- applied for such year. (A) in the matter preceding subparagraph PENDITURE OF GRANT FUNDS.— ‘‘(D) CORRESPONDING REDUCTION IN FUTURE (A), by striking ‘‘Not later than’’ and all ‘‘(1) OBLIGATION BY END OF GRANT YEAR.— GRANT.— that follows through ‘‘the Secretary shall’’ Effective for fiscal year 2007 and subsequent ‘‘(i) IN GENERAL.—In the case of an eligible and inserting the following: ‘‘Subject to sub- fiscal years, funds from a grant award made area for which a balance from a grant award

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.121 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11352 CONGRESSIONAL RECORD — SENATE December 6, 2006 under subsection (a) is unobligated as of the graph (1) to public or nonprofit private enti- entities through which such services may be end of the grant year for the award— ties, or private for-profit entities if such en- provided under the grant include public ‘‘(I) the Secretary shall reduce, by the tities are the only available provider of qual- health departments, emergency rooms, sub- same amount as such unobligated balance, ity HIV care in the area. stance abuse and mental health treatment the amount of the grant under such sub- ‘‘(c) REQUIRED FUNDING FOR CORE MEDICAL programs, detoxification centers, detention section for the first fiscal year beginning SERVICES.— facilities, clinics regarding sexually trans- after the fiscal year in which the Secretary ‘‘(1) IN GENERAL.—With respect to a grant mitted diseases, homeless shelters, HIV/ obtains the information necessary for deter- under section 2601 for an eligible area for a AIDS counseling and testing sites, health mining that such balance was unobligated as grant year, the chief elected official of the care points of entry specified by eligible of the end of the grant year (which require- area shall, of the portion of the grant re- areas, federally qualified health centers, and ment for a reduction applies without regard maining after reserving amounts for pur- entities described in section 2652(a) that con- to whether a waiver under subparagraph (A) poses of paragraphs (1) and (5)(B)(i) of substitute a point of access to services by main- has been approved with respect to such bal- section (h), use not less than 75 percent to taining referral relationships. ance); and provide core medical services that are need- ‘‘(2) CONDITIONS.—With respect to an entity ‘‘(II) the grant funds involved in such reed in the eligible area for individuals with that proposes to provide early intervention duction shall be made available by the Sec- HIV/AIDS who are identified and eligible services under paragraph (1), such paragraph retary as additional funds for grants pursu- under this title (including services regarding shall apply only if the entity demonstrates ant to subsection (b) for such first fiscal the co-occurring conditions of the individ- to the satisfaction of the chief elected offi- year, subject to subsection (a)(4) and section uals). cial for the eligible area involved that— 2610(d)(2); ‘‘(2) WAIVER.— ‘‘(A) Federal, State, or local funds are oth- except that this clause does not apply to the ‘‘(A) IN GENERAL.—The Secretary shall erwise inadequate for the early intervention eligible area if the amount of the unobli- waive the application of paragraph (1) with services the entity proposes to provide; and gated balance was 2 percent or less. respect to a chief elected official for a grant ‘‘(B) the entity will expend funds pursuant year if the Secretary determines that, within ‘‘(ii) RELATION TO INCREASES IN GRANT.—A to such paragraph to supplement and not reduction under clause (i) for an eligible area the eligible area involved— supplant other funds available to the entity for a fiscal year may not be taken into ac- ‘‘(i) there are no waiting lists for AIDS for the provision of early intervention serv- count in applying subsection (a)(4) with re- Drug Assistance Program services under sec- ices for the fiscal year involved. spect to the area for the subsequent fiscal tion 2616; and ‘‘(f) PRIORITY FOR WOMEN, INFANTS, CHIL- ‘‘(ii) core medical services are available to DREN, AND YOUTH.— year.’’; and all individuals with HIV/AIDS identified and ‘‘(1) IN GENERAL.—For the purpose of pro- (3) by adding at the end the following: eligible under this title. viding health and support services to infants, ‘‘(e) REPORT ON THE AWARDING OF SUPPLE- ‘‘(B) NOTIFICATION OF WAIVER STATUS.— children, youth, and women with HIV/AIDS, MENTAL FUNDS.—Not later than 45 days after When informing the chief elected official of including treatment measures to prevent the the awarding of supplemental funds under an eligible area that a grant under section perinatal transmission of HIV, the chief this section, the Secretary shall submit to 2601 is being made for the area for a grant elected official of an eligible area, in accord- Congress a report concerning such funds. year, the Secretary shall inform the official ance with the established priorities of the Such report shall include information detail- whether a waiver under subparagraph (A) is planning council, shall for each of such popu- ing— in effect for such year. lations in the eligible area use, from the ‘‘(1) the total amount of supplemental ‘‘(3) CORE MEDICAL SERVICES.—For purposes grants made for the area under section funds available under this section for the of this subsection, the term ‘core medical 2601(a) for a fiscal year, not less than the year involved; services’, with respect to an individual with percentage constituted by the ratio of the ‘‘(2) the amount of supplemental funds HIV/AIDS (including the co-occurring condi- population involved (infants, children, used in accordance with the hold harmless tions of the individual), means the following youth, or women in such area) with HIV/ provisions of subsection (a)(4); services: AIDS to the general population in such area ‘‘(3) the amount of supplemental funds dis- ‘‘(A) Outpatient and ambulatory health of individuals with HIV/AIDS. bursed pursuant to subsection (b)(2)(C); services. ‘‘(2) WAIVER.—With respect to the popu- ‘‘(4) the disbursement of the remainder of ‘‘(B) AIDS Drug Assistance Program treat- lation involved, the Secretary may provide the supplemental funds after taking into ac- ments in accordance with section 2616. to the chief elected official of an eligible count the uses described in paragraphs (2) ‘‘(C) AIDS pharmaceutical assistance. area a waiver of the requirement of para- and (3); and ‘‘(D) Oral health care. graph (1) if such official demonstrates to the ‘‘(5) the rationale used for the amount of ‘‘(E) Early intervention services described satisfaction of the Secretary that the popu- funds disbursed as described under para- in subsection (e). lation is receiving HIV-related health serv- graphs (2), (3), and (4).’’. ‘‘(F) Health insurance premium and cost ices through the State medicaid program SEC. 105. USE OF AMOUNTS. sharing assistance for low-income individ- under title XIX of the Social Security Act, Section 2604 of the Public Health Service uals in accordance with section 2615. the State children’s health insurance pro- Act (42 U.S.C. 300ff–14) is amended to read as ‘‘(G) Home health care. gram under title XXI of such Act, or other follows: ‘‘(H) Medical nutrition therapy. Federal or State programs. ‘‘SEC. 2604. USE OF AMOUNTS. ‘‘(I) Hospice services. ‘‘(g) REQUIREMENT OF STATUS AS MEDICAID ‘‘(a) REQUIREMENTS.—The Secretary may ‘‘(J) Home and community-based health PROVIDER.— not make a grant under section 2601(a) to the services as defined under section 2614(c). ‘‘(1) PROVISION OF SERVICE.—Subject to chief elected official of an eligible area un- ‘‘(K) Mental health services. paragraph (2), the Secretary may not make a less such political subdivision agrees that— ‘‘(L) Substance abuse outpatient care. grant under section 2601(a) for the provision ‘‘(1) subject to paragraph (2), the allocation ‘‘(M) Medical case management, including of services under this section in a State un- of funds and services within the eligible area treatment adherence services. less, in the case of any such service that is will be made in accordance with the prior- ‘‘(d) SUPPORT SERVICES.— available pursuant to the State plan ap- ities established, pursuant to section ‘‘(1) IN GENERAL.—For purposes of this sec- proved under title XIX of the Social Security 2602(b)(4)(C), by the HIV health services plan- tion, the term ‘support services’ means serv- Act for the State— ning council that serves such eligible area; ices, subject to the approval of the Sec- ‘‘(A) the political subdivision involved will ‘‘(2) funds provided under section 2601 will retary, that are needed for individuals with provide the service directly, and the political be expended only for— HIV/AIDS to achieve their medical outcomes subdivision has entered into a participation ‘‘(A) core medical services described in (such as respite care for persons caring for agreement under the State plan and is quali- subsection (c); individuals with HIV/AIDS, outreach serv- fied to receive payments under such plan; or ‘‘(B) support services described in sub- ices, medical transportation, linguistic serv- ‘‘(B) the political subdivision will enter section (d); and ices, and referrals for health care and sup- into an agreement with a public or nonprofit ‘‘(C) administrative expenses described in port services). private entity under which the entity will subsection (h); and ‘‘(2) MEDICAL OUTCOMES.—In this sub- provide the service, and the entity has en- ‘‘(3) the use of such funds will comply with section, the term ‘medical outcomes’ means tered into such a participation agreement the requirements of this section. those outcomes affecting the HIV-related and is qualified to receive such payments. ‘‘(b) DIRECT FINANCIAL ASSISTANCE TO AP- clinical status of an individual with HIV/ ‘‘(2) WAIVER.— PROPRIATE ENTITIES.— AIDS. ‘‘(A) IN GENERAL.—In the case of an entity ‘‘(1) IN GENERAL.—The chief elected official ‘‘(e) EARLY INTERVENTION SERVICES.— making an agreement pursuant to paragraph of an eligible area shall use amounts from a ‘‘(1) IN GENERAL.—For purposes of this sec- (1)(B) regarding the provision of services, the grant under section 2601 to provide direct fi- tion, the term ‘early intervention services’ requirement established in such paragraph nancial assistance to entities described in means HIV/AIDS early intervention services shall be waived by the HIV health services paragraph (2) for the purpose of providing described in section 2651(e), with follow-up planning council for the eligible area if the core medical services and support services. referral provided for the purpose of facili- entity does not, in providing health care ‘‘(2) APPROPRIATE ENTITIES.—Direct finan- tating the access of individuals receiving the services, impose a charge or accept reim- cial assistance may be provided under para- services to HIV-related health services. The bursement available from any third-party

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.121 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11353 payor, including reimbursement under any program required in subparagraph (A) not to ‘‘Subpart II—Transitional Grants insurance policy or under any Federal or exceed the lesser of— ‘‘SEC. 2609. ESTABLISHMENT OF PROGRAM. State health benefits program. ‘‘(I) 5 percent of amounts received under ‘‘(B) DETERMINATION.—A determination by the grant; or ‘‘(a) IN GENERAL.—The Secretary, acting the HIV health services planning council of ‘‘(II) $3,000,000. through the Administrator of the Health Re- whether an entity referred to in subpara- ‘‘(ii) RELATION TO LIMITATION ON ADMINIS- sources and Services Administration, shall graph (A) meets the criteria for a waiver TRATIVE EXPENSES.—The costs of a clinical make grants for the purpose of providing under such subparagraph shall be made with- quality management program under subpara- services described in section 2604 in transi- out regard to whether the entity accepts vol- graph (A) may not be considered administra- tional areas, subject to the same provisions untary donations for the purpose of pro- tive expenses for purposes of the limitation regarding the allocation of grant funds as viding services to the public. established in paragraph (1). apply under subsection (c) of such section. ‘‘(h) ADMINISTRATION.— ‘‘(i) CONSTRUCTION.—A chief elected official ‘‘(b) TRANSITIONAL AREAS.—For purposes of ‘‘(1) LIMITATION.—The chief elected official may not use amounts received under a grant this section, the term ‘transitional area’ of an eligible area shall not use in excess of awarded under this part to purchase or im- means, subject to subsection (c), a metro- 10 percent of amounts received under a grant prove land, or to purchase, construct, or per- politan area for which there has been re- under this part for administrative expenses. manently improve (other than minor remod- ported to and confirmed by the Director of ‘‘(2) ALLOCATIONS BY CHIEF ELECTED OFFI- eling) any building or other facility, or to the Centers for Disease Control and Preven- CIAL.—In the case of entities and subcontrac- make cash payments to intended recipients tion a cumulative total of at least 1,000, but tors to which the chief elected official of an of services.’’. fewer than 2,000, cases of AIDS during the eligible area allocates amounts received by SEC. 106. ADDITIONAL AMENDMENTS TO PART A. most recent period of 5 calendar years for the official under a grant under this part, (a) REPORTING OF CASES.—Section 2601(a) of which such data are available. the official shall ensure that, of the aggre- the Public Health Service Act (42 U.S.C. ‘‘(c) CERTAIN ELIGIBILITY RULES.— gate amount so allocated, the total of the ex- 300ff-11(a)) is amended by striking ‘‘for the ‘‘(1) FISCAL YEAR 2007.—With respect to penditures by such entities for administra- most recent period’’ and inserting ‘‘during grants under subsection (a) for fiscal year tive expenses does not exceed 10 percent the most recent period’’. 2007, a metropolitan area that received fund- (without regard to whether particular enti- (b) PLANNING COUNCIL REPRESENTATION.— ing under subpart I for fiscal year 2006 but ties expend more than 10 percent for such ex- Section 2602(b)(2)(G) of the Public Health does not for fiscal year 2007 qualify under penses). Service Act (42 U.S.C. 300ff-12(b)(2)(G)) is such subpart as an eligible area and does not ‘‘(3) ADMINISTRATIVE ACTIVITIES.—For pur- amended by inserting ‘‘, members of a Feder- qualify under subsection (b) as a transitional poses of paragraph (1), amounts may be used ally recognized Indian tribe as represented in area shall, notwithstanding subsection (b), for administrative activities that include— the population, individuals co-infected with be considered a transitional area. ‘‘(A) routine grant administration and hepatitis B or C’’ after ‘‘disease’’. ‘‘(2) CONTINUED STATUS AS TRANSITIONAL monitoring activities, including the develop- (c) APPLICATION FOR GRANT.— AREA.— ment of applications for part A funds, the re- (1) PAYER OF LAST RESORT.—Section ‘‘(A) IN GENERAL.—Notwithstanding sub- ceipt and disbursal of program funds, the de- 2605(a)(6)(A) of the Public Health Service Act section (b), a metropolitan area that is a velopment and establishment of reimburse- (42 U.S.C. 300ff-15(a)(6)(A)) is amended by in- transitional area for a fiscal year continues, ment and accounting systems, the develop- serting ‘‘(except for a program administered except as provided in subparagraph (B), to be ment of a clinical quality management pro- by or providing the services of the Indian a transitional area until the metropolitan gram as described in paragraph (5), the prep- Health Service)’’ before the semicolon. area fails, for three consecutive fiscal aration of routine programmatic and finan- (2) AUDITS.—Section 2605(a) of the Public years— cial reports, and compliance with grant con- Health Service Act (42 U.S.C. 300ff-15(a)) is ‘‘(i) to qualify under such subsection as a ditions and audit requirements; and amended— transitional area; and ‘‘(B) all activities associated with the (A) in paragraph (8), by striking ‘‘and’’ at ‘‘(ii) to have a cumulative total of 1,500 or grantee’s contract award procedures, includ- the end; more living cases of AIDS (reported to and ing the activities carried out by the HIV (B) in paragraph (9), by striking the period confirmed by the Director of the Centers for health services planning council as estab- and inserting ‘‘; and’’; and Disease Control and Prevention) as of De- lished under section 2602(b), the development (C) by adding at the end the following: cember 31 of the most recent calendar year of requests for proposals, contract proposal ‘‘(10) that the chief elected official will for which such data is available. review activities, negotiation and awarding submit to the lead State agency under sec- ‘‘(B) EXCEPTION REGARDING STATUS AS ELI- of contracts, monitoring of contracts tion 2617(b)(4), audits, consistent with Office GIBLE AREA.—Subparagraph (A) does not through telephone consultation, written doc- of Management and Budget circular A133, re- apply for a fiscal year if the metropolitan umentation or onsite visits, reporting on garding funds expended in accordance with area involved qualifies under subpart I as an contracts, and funding reallocation activi- this part every 2 years and shall include nec- eligible area. ties. essary client-based data to compile unmet ‘‘(d) APPLICATION OF CERTAIN PROVISIONS ‘‘(4) SUBCONTRACTOR ADMINISTRATIVE AC- need calculations and Statewide coordinated OF SUBPART I.— TIVITIES.—For the purposes of this sub- statements of need process.’’. ‘‘(1) ADMINISTRATION; PLANNING COUNCIL.— section, subcontractor administrative activi- (3) COORDINATION.—Section 2605(b) of the ‘‘(A) IN GENERAL.—The provisions of sec- ties include— Public Health Service Act (42 U.S.C. 300ff- tion 2602 apply with respect to a grant under ‘‘(A) usual and recognized overhead activi- 15(b)) is amended— subsection (a) for a transitional area to the ties, including established indirect rates for (A) in paragraph (3), by striking ‘‘and’’ at same extent and in the same manner as such agencies; the end; provisions apply with respect to a grant ‘‘(B) management oversight of specific pro- (B) in paragraph (4), by striking the period under subpart I for an eligible area, except grams funded under this title; and and inserting a semicolon; and that, subject to subparagraph (B), the chief ‘‘(C) other types of program support such (C) by adding at the end the following: elected official of the transitional area may as quality assurance, quality control, and re- ‘‘(5) the manner in which the expected ex- elect not to comply with the provisions of lated activities. penditures are related to the planning proc- section 2602(b) if the official provides docu- ‘‘(5) CLINICAL QUALITY MANAGEMENT.— ess for States that receive funding under mentation to the Secretary that details the ‘‘(A) REQUIREMENT.—The chief elected offi- part B (including the planning process de- process used to obtain community input cial of an eligible area that receives a grant scribed in section 2617(b)); and (particularly from those with HIV) in the under this part shall provide for the estab- ‘‘(6) the expected expenditures and how transitional area for formulating the overall lishment of a clinical quality management those expenditures will improve overall cli- plan for priority setting and allocating funds program to assess the extent to which HIV ent outcomes, as described under the State from the grant under subsection (a). health services provided to patients under plan under section 2617(b), and through addi- ‘‘(B) EXCEPTION.—For each of the fiscal the grant are consistent with the most re- tional outcomes measures as identified by years 2007 through 2009, the exception decent Public Health Service guidelines for the the HIV health services planning council scribed in subparagraph (A) does not apply if treatment of HIV/AIDS and related oppor- under section 2602(b).’’. the transitional area involved received fund- tunistic infection, and as applicable, to de- SEC. 107. NEW PROGRAM IN PART A; TRANSI- ing under subpart I for fiscal year 2006. velop strategies for ensuring that such serv- TIONAL GRANTS FOR CERTAIN ‘‘(2) TYPE AND DISTRIBUTION OF GRANTS; AREAS INELIGIBLE UNDER SECTION ices are consistent with the guidelines for TIMEFRAME FOR OBLIGATION AND EXPENDITURE 2601. improvement in the access to and quality of OF GRANT FUNDS.— (a) IN GENERAL.—Part A of title XXVI of HIV health services. ‘‘(A) FORMULA GRANTS; SUPPLEMENTAL the Public Health Service Act (42 U.S.C. ‘‘(B) USE OF FUNDS.— GRANTS.—The provisions of section 2603 apply 300ff-11) is amended— ‘‘(i) IN GENERAL.—From amounts received with respect to grants under subsection (a) (1) by inserting after the part heading the under a grant awarded under this subpart for to the same extent and in the same manner following: a fiscal year, the chief elected official of an as such provisions apply with respect to eligible area may use for activities associ- ‘‘Subpart I—General Grant Provisions’’; and grants under subpart I, subject to subpara- ated with the clinical quality management (2) by adding at the end the following: graphs (B) and (C).

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.121 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11354 CONGRESSIONAL RECORD — SENATE December 6, 2006

‘‘(B) FORMULA GRANTS; INCREASE IN served under paragraph (1)(B) or (2)(B) of tions equals the total of the amounts re- GRANT.—For purposes of subparagraph (A), subsection (b) for such fiscal year is deemed ferred to in such paragraph. section 2603(a)(4) does not apply. to be increased by an amount equal to the ‘‘(e) RULES OF CONSTRUCTION REGARDING ‘‘(C) SUPPLEMENTAL GRANTS; SINGLE PRO- amount of the reduction under subparagraph FIRST SUBSEQUENT FISCAL YEAR.—Para- GRAM WITH SUBPART I PROGRAM.—With re- (A) for such year; or graphs (1) and (2) of subsection (c) apply with spect to section 2603(b) as applied for pur- ‘‘(II) if the metropolitan area does not respect to each series of fiscal years during poses of subparagraph (A): qualify for such first subsequent fiscal year which a metropolitan area is an eligible area ‘‘(i) The Secretary shall combine amounts as a transitional area under 2609, an amount under subpart I or a transitional area under available pursuant to such subparagraph equal to the amount of such reduction is, section 2609 for a fiscal year and then for a with amounts available for carrying out sec- notwithstanding subsection (a), transferred subsequent fiscal year ceases to be such an tion 2603(b) and shall administer the two pro- and made available for grants pursuant to area by reason of section 2601(b) or 2609(c)(2), grams as a single program. section 2618(a)(1), in addition to amounts respectively, rather than applying to a single ‘‘(ii) In the single program, the Secretary available for such grants under section 2623; such series. Paragraph (3) of subsection (c) has discretion in allocating amounts be- and applies with respect to each series of fiscal tween eligible areas under subpart I and ‘‘(B) if a transfer under subparagraph years during which a metropolitan area is a transitional area under section 2609 for a fis- transitional areas under this section, subject (A)(ii)(II) is made with respect to the metro- cal year and then for a subsequent fiscal to the eligibility criteria that apply under politan area for such first subsequent fiscal year becomes an eligible area under subpart such section, and subject to section year, then— I, rather than applying to a single such se- 2603(b)(2)(C) (relating to priority in making ‘‘(i) the amount reserved under paragraph ries.’’. grants). (1)(A) or (2)(A) of subsection (b) of this sec- ‘‘(iii) Pursuant to section 2603(b)(1), tion for such year is deemed to be reduced by TITLE II—CARE GRANTS amounts for the single program are subject an additional $500,000; and SEC. 201. GENERAL USE OF GRANTS. to use under sections 2603(a)(4) and 2610(d)(1). ‘‘(ii) an amount equal to the amount of (a) IN GENERAL.—Section 2612 of the Public ‘‘(3) APPLICATION; TECHNICAL ASSISTANCE; such additional reduction is, notwith- Health Service Act (42 U.S.C. 300ff–22) is DEFINITIONS.—The provisions of sections 2605, standing subsection (a), transferred and amended to read as follows: 2606, and 2607 apply with respect to grants made available for grants pursuant to sec- ‘‘SEC. 2612. GENERAL USE OF GRANTS. under subsection (a) to the same extent and tion 2618(a)(1), in addition to amounts avail- ‘‘(a) IN GENERAL.—A State may use in the same manner as such provisions apply able for such grants under section 2623. amounts provided under grants made under with respect to grants under subpart I.’’. ‘‘(2) If a metropolitan area is a transitional section 2611 for— (b) CONFORMING AMENDMENTS.—Subpart I area under section 2609 for a fiscal year, but ‘‘(1) core medical services described in sub- of part A of title XXVI of the Public Health for a subsequent fiscal year ceases to be a section (b); Service Act, as designated by subsection transitional area by reason of section ‘‘(2) support services described in sub- (a)(1) of this section, is amended by striking 2609(c)(2) (and does not qualify for such subsection (c); and ‘‘this part’’ each place such term appears and sequent fiscal year as an eligible area under ‘‘(3) administrative expenses described in inserting ‘‘this subpart’’. subpart I)— section 2618(b)(3). ‘‘(b) REQUIRED FUNDING FOR CORE MEDICAL SEC. 108. AUTHORIZATION OF APPROPRIATIONS ‘‘(A) the amount reserved under subsection SERVICES.— FOR PART A. (b)(2)(B) of this section for the first such sub- ‘‘(1) IN GENERAL.—With respect to a grant Part A of title XXVI of the Public Health sequent fiscal year of not being a transi- under section 2611 for a State for a grant Service Act, as amended by section 106(a), is tional area is deemed to be reduced by an year, the State shall, of the portion of the amended by adding at the end the following: amount equal to the total of— grant remaining after reserving amounts for ‘‘(i) the amount of the grant that, pursuant ‘‘Subpart III—General Provisions purposes of subparagraphs (A) and (E)(ii)(I) to section 2603(a), was made under section ‘‘SEC. 2610. AUTHORIZATION OF APPROPRIA- of section 2618(b)(3), use not less than 75 per- 2609(d)(2)(A) for the metropolitan area for TIONS. cent to provide core medical services that the preceding fiscal year; and ‘‘(a) IN GENERAL.—For the purpose of car- are needed in the State for individuals with rying out this part, there are authorized to ‘‘(ii) $500,000; and HIV/AIDS who are identified and eligible be appropriated $604,000,000 for fiscal year ‘‘(B) an amount equal to the amount of the under this title (including services regarding 2007, $626,300,000 for fiscal year 2008, and reduction under subparagraph (A) for such the co-occurring conditions of the individ- $649,500,000 for fiscal year 2009. Amounts ap- year is, notwithstanding subsection (a), uals). transferred and made available for grants propriated under the preceding sentence for ‘‘(2) WAIVER.— a fiscal year are available for obligation by pursuant to section 2618(a)(1), in addition to ‘‘(A) IN GENERAL.—The Secretary shall the Secretary until the end of the second amounts available for such grants under sec- waive the application of paragraph (1) with succeeding fiscal year. tion 2623. respect to a State for a grant year if the Sec- ‘‘(b) RESERVATION OF AMOUNTS.— ‘‘(3) If a metropolitan area is a transitional retary determines that, within the State— ‘‘(1) FISCAL YEAR 2007.—Of the amount ap- area under section 2609 for a fiscal year, but ‘‘(i) there are no waiting lists for AIDS propriated under subsection (a) for fiscal for a subsequent fiscal year qualifies as an Drug Assistance Program services under sec- year 2007, the Secretary shall reserve— eligible area under subpart I— tion 2616; and ‘‘(A) $458,310,000 for grants under subpart I; ‘‘(A) the amount reserved under subsection ‘‘(ii) core medical services are available to and (b)(2)(B) of this section for the first such sub- all individuals with HIV/AIDS identified and ‘‘(B) $145,690,000 for grants under section sequent fiscal year of becoming an eligible eligible under this title. 2609. area is deemed to be reduced by an amount ‘‘(B) NOTIFICATION OF WAIVER STATUS.— ‘‘(2) SUBSEQUENT FISCAL YEARS.—Of the equal to the amount of the grant that, pursu- When informing a State that a grant under amount appropriated under subsection (a) for ant to section 2603(a), was made under sec- section 2611 is being made to the State for a fiscal year 2008 and each subsequent fiscal tion 2609(d)(2)(A) for the metropolitan area fiscal year, the Secretary shall inform the year— for the preceding fiscal year; and State whether a waiver under subparagraph ‘‘(A) the Secretary shall reserve an amount ‘‘(B) the amount reserved under subsection (A) is in effect for the fiscal year. for grants under subpart I; and (b)(2)(A) for such fiscal year is deemed to be ‘‘(3) CORE MEDICAL SERVICES.—For purposes ‘‘(B) the Secretary shall reserve an amount increased by an amount equal to the amount of this subsection, the term ‘core medical for grants under section 2609. of the reduction under subparagraph (A) for services’, with respect to an individual in- ‘‘(c) TRANSFER OF CERTAIN AMOUNTS; such year. fected with HIV/AIDS (including the co-oc- CHANGE IN STATUS AS ELIGIBLE AREA OR ‘‘(d) CERTAIN TRANSFERS; ALLOCATIONS BE- curring conditions of the individual) means TRANSITIONAL AREA.—Notwithstanding sub- TWEEN PROGRAMS UNDER SUBPART I.—With the following services: section (b): respect to paragraphs (1)(B)(i) and (2)(A)(ii) ‘‘(A) Outpatient and ambulatory health ‘‘(1) If a metropolitan area is an eligible of subsection (c), the Secretary shall admin- services. area under subpart I for a fiscal year, but for ister any reductions under such paragraphs ‘‘(B) AIDS Drug Assistance Program treat- a subsequent fiscal year ceases to be an eligi- for a fiscal year in accordance with the fol- ments in accordance with section 2616. ble area by reason of section 2601(b)— lowing: ‘‘(C) AIDS pharmaceutical assistance. ‘‘(A)(i) the amount reserved under para- ‘‘(1) The reductions shall be made from ‘‘(D) Oral health care. graph (1)(A) or (2)(A) of subsection (b) of this amounts available for the single program re- ‘‘(E) Early intervention services described section for the first such subsequent year of ferred to in section 2609(d)(2)(C) (relating to in subsection (d). not being an eligible area is deemed to be re- supplemental grants). ‘‘(F) Health insurance premium and cost duced by an amount equal to the amount of ‘‘(2) The reductions shall be made before sharing assistance for low-income individ- the grant made pursuant to section 2603(a) the amounts referred to in paragraph (1) are uals in accordance with section 2615. for the metropolitan area for the preceding used for purposes of section 2603(a)(4). ‘‘(G) Home health care. fiscal year; and ‘‘(3) If the amounts referred to in para- ‘‘(H) Medical nutrition therapy. ‘‘(ii)(I) if the metropolitan area qualifies graph (1) are not sufficient for making all ‘‘(I) Hospice services. for such first subsequent fiscal year as a the reductions, the reductions shall be re- ‘‘(J) Home and community-based health transitional area under 2609, the amount reduced until the total amount of the reduc- services as defined under section 2614(c).

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.121 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11355 ‘‘(K) Mental health services. make cash payments to intended recipients (A) in subparagraph (B), by striking ‘‘esti- ‘‘(L) Substance abuse outpatient care. of services.’’. mated number of living cases of acquired im- ‘‘(M) Medical case management, including (b) HIV CARE CONSORTIA.—Section 2613 of mune deficiency syndrome in the eligible treatment adherence services. the Public Health Service Act (42 U.S.C. area involved’’ and inserting ‘‘number of liv- ‘‘(c) SUPPORT SERVICES.— 300ff-23) is amended— ing cases of HIV/AIDS in the State in- ‘‘(1) IN GENERAL.—For purposes of this sub- (1) in subsection (a), in the matter pre- volved’’; and section, the term ‘support services’ means ceding paragraph (1)— (B) by amending subparagraph (D) to read services, subject to the approval of the Sec- (A) by striking ‘‘may use’’ and inserting as follows: retary, that are needed for individuals with ‘‘may, subject to subsection (f), use’’; and ‘‘(D) LIVING CASES OF HIV/AIDS.— HIV/AIDS to achieve their medical outcomes (B) by striking ‘‘section 2612(a)(1)’’ and in- ‘‘(i) REQUIREMENT OF NAMES-BASED REPORT- (such as respite care for persons caring for serting ‘‘section 2612(a)’’; and ING.—Except as provided in clause (ii), the individuals with HIV/AIDS, outreach serv- (2) by adding at the end the following sub- number determined under this subparagraph ices, medical transportation, linguistic serv- section: for a State for a fiscal year for purposes of ‘‘(f) ALLOCATION OF FUNDS; TREATMENT AS ices, and referrals for health care and sup- subparagraph (B) is the number of living SUPPORT SERVICES.—For purposes of the report services). names-based cases of HIV/AIDS in the State quirement of section 2612(b)(1), expenditures ‘‘(2) DEFINITION OF MEDICAL OUTCOMES.—In that, as of December 31 of the most recent of grants under section 2611 for or through this subsection, the term ‘medical outcomes’ calendar year for which such data is avail- consortia under this section are deemed to means those outcomes affecting the HIV-re- able, have been reported to and confirmed by be support services, not core medical serv- the Director of the Centers for Disease Con- lated clinical status of an individual with ices. The preceding sentence may not be con- HIV/AIDS. trol and Prevention. strued as having any legal effect on the pro- ‘‘(ii) TRANSITION PERIOD; EXEMPTION RE- ‘‘(d) EARLY INTERVENTION SERVICES.— visions of subsection (a) that relate to au- GARDING NON-AIDS CASES.—For each of the ‘‘(1) IN GENERAL.—For purposes of this sec- thorized expenditures of the grant.’’. fiscal years 2007 through 2009, a State is, sub- tion, the term ‘early intervention services’ (c) TECHNICAL AMENDMENTS.—Part B of means HIV/AIDS early intervention services ject to clauses (iii) through (v), exempt from title XXVI of the Public Health Service Act the requirement under clause (i) that living described in section 2651(e), with follow-up (42 U.S.C. 300ff-21 et seq.) is amended— non-AIDS names-based cases of HIV be re- referral provided for the purpose of facili- (1) in section 2611— ported unless— tating the access of individuals receiving the (A) in subsection (a), by striking the sub- ‘‘(I) a system was in operation as of De- services to HIV-related health services. The section designation and heading; and cember 31, 2005, that provides sufficiently ac- entities through which such services may be (B) by striking subsection (b); curate and reliable names-based reporting of provided under the grant include public (2) in section 2614— such cases throughout the State, subject to health departments, emergency rooms, sub- (A) in subsection (a), in the matter pre- clause (vii); or stance abuse and mental health treatment ceding paragraph (1), by striking ‘‘section ‘‘(II) no later than the beginning of fiscal programs, detoxification centers, detention 2612(a)(2)’’ and inserting ‘‘section year 2008 or 2009, the Secretary, after con- facilities, clinics regarding sexually trans- 2612(b)(3)(J)’’; and sultation with the chief executive of the (B) in subsection (c)(2)(B), by striking mitted diseases, homeless shelters, HIV/ State, determines that a system has become ‘‘homemaker or’’; AIDS counseling and testing sites, health operational in the State that provides suffi- (3) in section 2615(a) by striking ‘‘section care points of entry specified by States, fed- ciently accurate and reliable names-based 2612(a)(3)’’ and inserting ‘‘section erally qualified health centers, and entities reporting of such cases throughout the 2612(b)(3)(F)’’; and described in section 2652(a) that constitute a State. point of access to services by maintaining re- (4) in section 2616(a) by striking ‘‘section ‘‘(iii) REQUIREMENTS FOR EXEMPTION FOR 2612(a)(5)’’ and inserting ‘‘section ferral relationships. FISCAL YEAR 2007.—For fiscal year 2007, an ex- ‘‘(2) CONDITIONS.—With respect to an entity 2612(b)(3)(B)’’. emption under clause (ii) for a State applies that proposes to provide early intervention SEC. 202. AIDS DRUG ASSISTANCE PROGRAM. only if, by October 1, 2006— services under paragraph (1), such paragraph (a) REQUIREMENT OF MINIMUM DRUG LIST.— ‘‘(I)(aa) the State had submitted to the shall apply only if the entity demonstrates Section 2616 of the Public Health Service Act Secretary a plan for making the transition to the satisfaction of the chief elected offi- (42 U.S.C. 300ff-26) is amended— to sufficiently accurate and reliable names- cial for the State involved that— (1) in subsection (c), by striking paragraph based reporting of living non-AIDS cases of ‘‘(A) Federal, State, or local funds are oth- (1) and inserting the following: HIV; or erwise inadequate for the early intervention ‘‘(1) ensure that the therapeutics included ‘‘(bb) all statutory changes necessary to services the entity proposes to provide; and on the list of classes of core antiretroviral provide for sufficiently accurate and reliable ‘‘(B) the entity will expend funds pursuant therapeutics established by the Secretary reporting of such cases had been made; and to such subparagraph to supplement and not under subsection (e) are, at a minimum, the ‘‘(II) the State had agreed that, by April 1, supplant other funds available to the entity treatments provided by the State pursuant 2008, the State will begin accurate and reli- for the provision of early intervention serv- to this section;’’; able names-based reporting of such cases, ex- ices for the fiscal year involved. (2) by redesignating subsection (e) as sub- cept that such agreement is not required to ‘‘(e) PRIORITY FOR WOMEN, INFANTS, CHIL- section (f); and provide that, as of such date, the system for DREN, AND YOUTH.— (3) by inserting after subsection (d) the fol- such reporting be fully sufficient with re- ‘‘(1) IN GENERAL.—For the purpose of pro- lowing: spect to accuracy and reliability throughout viding health and support services to infants, ‘‘(e) LIST OF CLASSES OF CORE the area. children, youth, and women with HIV/AIDS, ANTIRETROVIRAL THERAPEUTICS.—For pur- ‘‘(iv) REQUIREMENT FOR EXEMPTION AS OF including treatment measures to prevent the poses of subsection (c)(1), the Secretary shall FISCAL YEAR 2008.—For each of the fiscal perinatal transmission of HIV, a State shall develop and maintain a list of classes of core years 2008 through 2010, an exemption under for each of such populations in the eligible antiretroviral therapeutics, which list shall clause (ii) for a State applies only if, as of area use, from the grants made for the area be based on the therapeutics included in the April 1, 2008, the State is substantially in guidelines of the Secretary known as the under section 2601(a) for a fiscal year, not compliance with the agreement under clause Clinical Practice Guidelines for Use of HIV/ less than the percentage constituted by the (iii)(II). AIDS Drugs, relating to drugs needed to ratio of the population involved (infants, ‘‘(v) PROGRESS TOWARD NAMES-BASED RE- manage symptoms associated with HIV. The children, youth, or women in such area) with PORTING.—For fiscal year 2009, the Secretary preceding sentence does not affect the au- HIV/AIDS to the general population in such thority of the Secretary to modify such may terminate an exemption under clause area of individuals with HIV/AIDS. Guidelines.’’. (ii) for a State if the State submitted a plan AIVER ‘‘(2) W .—With respect to the popu- (b) DRUG REBATE PROGRAM.—Section 2616 under clause (iii)(I)(aa) and the Secretary de- lation involved, the Secretary may provide of the Public Health Service Act, as amended termines that the State is not substantially to a State a waiver of the requirement of by subsection (a)(2) of this section, is amend- following the plan. paragraph (1) if such State demonstrates to ed by adding at the end the following: ‘‘(vi) COUNTING OF CASES IN AREAS WITH EX- the satisfaction of the Secretary that the ‘‘(g) DRUG REBATE PROGRAM.—A State EMPTIONS.— population is receiving HIV-related health shall ensure that any drug rebates received ‘‘(I) IN GENERAL.—With respect to a State services through the State medicaid program on drugs purchased from funds provided pur- that is under a reporting system for living under title XIX of the Social Security Act, suant to this section are applied to activities non-AIDS cases of HIV that is not names- the State children’s health insurance pro- supported under this subpart, with priority based (referred to in this subparagraph as gram under title XXI of such Act, or other given to activities described under this sec- ‘code-based reporting’), the Secretary shall, Federal or State programs. tion.’’. for purposes of this subparagraph, modify ‘‘(f) CONSTRUCTION.—A State may not use SEC. 203. DISTRIBUTION OF FUNDS. the number of such cases reported for the amounts received under a grant awarded (a) DISTRIBUTION BASED ON LIVING CASES OF State in order to adjust for duplicative re- under section 2611 to purchase or improve HIV/AIDS.— porting in and among systems that use code- land, or to purchase, construct, or perma- (1) STATE DISTRIBUTION FACTOR.—Section based reporting. nently improve (other than minor remod- 2618(a)(2) of the Public Health Service Act (42 ‘‘(II) ADJUSTMENT RATE.—The adjustment eling) any building or other facility, or to U.S.C. 300ff–28(a)(2)) is amended— rate under subclause (I) for a State shall be

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.122 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11356 CONGRESSIONAL RECORD — SENATE December 6, 2006 a reduction of 5 percent in the number of liv- (B) in clause (ii)— consider eligibility standards, formulary ing non-AIDS cases of HIV reported for the (i) in subclause (I)— composition, the number of eligible individ- State. (I) by striking ‘‘.80’’ and inserting ‘‘0.75’’; uals to whom a State is unable to provide ‘‘(vii) LIST OF STATES MEETING STANDARD and therapeutics described in section 2616(a), and REGARDING DECEMBER 31, 2005.— (II) by striking ‘‘and’’ at the end; an unanticipated increase of eligible individ- ‘‘(I) IN GENERAL.—If a State is specified in (ii) in subclause (II)— uals with HIV/AIDS. subclause (II), the State shall be considered (I) by inserting ‘‘non-EMA’’ after ‘‘respec- ‘‘(III) STATE REQUIREMENTS.—The Sec- to meet the standard described in clause tive’’; and retary may not make a grant to a State (ii)(I). No other State may be considered to (II) by striking the period and inserting ‘‘; under this clause unless the State agrees meet such standard. and’’; and that the State will make available (directly ‘‘(II) RELEVANT STATES.—For purposes of (iii) by adding at the end the following: or through donations of public or private en- subclause (I), the States specified in this sub- ‘‘(III) if the State does not for such fiscal tities) non-Federal contributions toward the clause are the following: Alaska, Alabama, year contain any area that is an eligible area activities to be carried out under the grant Arkansas, Arizona, Colorado, Florida, Indi- under subpart I of part A or any area that is in an amount equal to $1 for each $4 of Fed- ana, Iowa, Idaho, Kansas, Louisiana, Michi- a transitional area under section 2609 (re- eral funds provided in the grant, except that gan, Minnesota, Missouri, Mississippi, North ferred to in this subclause as a ‘no-EMA the Secretary may waive this subclause if Carolina, North Dakota, Nebraska, New Jer- State’), the product of 0.05 and the ratio of the State has otherwise fully complied with sey, New Mexico, New York, Nevada, Ohio, the number of cases that applies for the section 2617(d) with respect to the grant year Oklahoma, South Carolina, South Dakota, State under subparagraph (D) to the sum of involved. The provisions of this subclause Tennessee, Texas, Utah, Virginia, Wisconsin, the respective numbers of cases that so apply shall apply to States that are not required to West Virginia, Wyoming, Guam, and the Vir- for all no-EMA States.’’; comply with such section 2617(d).’’. gin Islands. (2) by striking subparagraphs (E) through (B) in subclause (IV), by moving the sub- ‘‘(viii) RULES OF CONSTRUCTION REGARDING (H); clause two ems to the left; ACCEPTANCE OF REPORTS.— (3) by inserting after subparagraph (D) the (C) in subclause (V), by striking ‘‘3 per- ‘‘(I) CASES OF AIDS.—With respect to a following subparagraphs: cent’’ and inserting ‘‘5 percent’’; and State that is subject to the requirement ‘‘(E) CODE-BASED STATES; LIMITATION ON IN- (D) by striking subclause (VI); and under clause (i) and is not in compliance CREASE IN GRANT.— (3) by adding at the end the following with the requirement for names-based re- ‘‘(i) IN GENERAL.—For each of the fiscal clause: porting of living non-AIDS cases of HIV, the years 2007 through 2009, if code-based report- ‘‘(iii) CODE-BASED STATES; LIMITATION ON IN- Secretary shall, notwithstanding such non- ing (within the meaning of subparagraph CREASE IN FORMULA GRANT.—The limitation compliance, accept reports of living cases of (D)(vi)) applies in a State as of the beginning under subparagraph (E)(i) applies to grants AIDS that are in accordance with such of the fiscal year involved, then notwith- pursuant to clause (i) of this subparagraph to clause. standing any other provision of this para- the same extent and in the same manner as ‘‘(II) APPLICABILITY OF EXEMPTION REQUIRE- graph, the amount of the grant pursuant to such limitation applies to grants pursuant to MENTS.—The provisions of clauses (ii) paragraph (1) for the State may not for the paragraph (1), except that the reference to through (vii) may not be construed as having fiscal year involved exceed by more than 5 minimum grants does not apply for purposes any legal effect for fiscal year 2010 or any percent the amount of the grant pursuant to of this clause. Amounts available as a result subsequent fiscal year, and accordingly, the this paragraph for the State for the pre- of the limitation under the preceding sen- status of a State for purposes of such clauses ceding fiscal year, except that the limitation tence shall be made available by the Sec- may not be considered after fiscal year 2009. under this clause may not result in a grant retary as additional amounts for grants ‘‘(ix) PROGRAM FOR DETECTING INACCURATE pursuant to paragraph (1) for a fiscal year under clause (ii) of this subparagraph.’’. OR FRAUDULENT COUNTING.—The Secretary that is less than the minimum amount that (d) HOLD HARMLESS.—Section 2618(a)(2) of shall carry out a program to monitor the re- applies to the State under such paragraph the Public Health Service Act (42 U.S.C. porting of names-based cases for purposes of for such fiscal year. 300ff-28(a)(2)), as amended by subsection this subparagraph and to detect instances of ‘‘(ii) USE OF AMOUNTS INVOLVED.—For each (b)(4) of this section, is amended by adding at inaccurate reporting, including fraudulent of the fiscal years 2007 through 2009, amounts the end the following subparagraph: reporting.’’. available as a result of the limitation under ‘‘(H) INCREASE IN FORMULA GRANTS.— (2) NON-EMA DISTRIBUTION FACTOR.—Section clause (i) shall be made available by the Sec- ‘‘(i) ASSURANCE OF AMOUNT.— 2618(a)(2)(C) of the Public Health Service Act retary as additional amounts for grants pur- ‘‘(I) GENERAL RULE.—For fiscal year 2007, (42 U.S.C. 300ff–28(a)(2)(C)) is amended— suant to section 2620, subject to subpara- the Secretary shall ensure, subject to clauses (A) in clause (i), by striking ‘‘estimated graph (H).’’; and (ii) through (iv), that the total for a State of number of living cases of acquired immune (4) by redesignating subparagraph (I) as the grant pursuant to paragraph (1) and the deficiency syndrome’’ each place such term subparagraph (F). grant pursuant to subparagraph (G) is not appears and inserting ‘‘number of living (c) SEPARATE ADAP GRANTS.—Section less than 95 percent of such total for the cases of HIV/AIDS’’; and 2618(a)(2)(G) of the Public Health Service Act State for fiscal year 2006. (B) in clause (ii), by amending such clause (42 U.S.C. 300ff-28(a)(2)(G)), as redesignated ‘‘(II) RULE OF CONSTRUCTION.—With respect to read as follows: by subsection (b)(4) of this section, is amend- to the application of subclause (I), the 95 per- ‘‘(ii) a number equal to the sum of— ed— cent requirement under such subclause shall ‘‘(I) the total number of living cases of (1) in clause (i)— apply with respect to each grant awarded HIV/AIDS that are within areas in such (A) in the matter preceding subclause (I), under paragraph (1) and with respect to each State that are eligible areas under subpart I by striking ‘‘section 2677’’ and inserting grant awarded under subparagraph (G). of part A for the fiscal year involved, which ‘‘section 2623’’; ‘‘(ii) FISCAL YEAR 2007.—For purposes of individual number for an area is the number (B) in subclause (II), by striking the period clause (i) as applied for fiscal year 2007, the that applies under section 2601 for the area at the end and inserting a semicolon; and references in such clause to subparagraph (G) for such fiscal year; and (C) by adding after and below subclause (II) are deemed to be references to subparagraph ‘‘(II) the total number of such cases that the following: (I) as such subparagraph was in effect for fis- are within areas in such State that are tran- ‘‘which product shall then, as applicable, be cal year 2006. sitional areas under section 2609 for such fis- increased under subparagraph (H).’’; ‘‘(iii) FISCAL YEARS 2008 AND 2009.—For each cal year, which individual number for an (2) in clause (ii)— of the fiscal years 2008 and 2009, the Sec- area is the number that applies under such (A) by striking subclauses (I) through (III) retary shall ensure that the total for a State section for the fiscal year.’’. and inserting the following: of the grant pursuant to paragraph (1) and (b) FORMULA AMENDMENTS GENERALLY.— ‘‘(I) IN GENERAL.—From amounts made the grant pursuant to subparagraph (G) is Section 2618(a)(2) of the Public Health Serv- available under subclause (V), the Secretary not less than 100 percent of such total for the ice Act (42 U.S.C. 300ff-28(a)(2)) is amended— shall award supplemental grants to States State for fiscal year 2007. (1) in subparagraph (A)— described in subclause (II) to enable such ‘‘(iv) SOURCE OF FUNDS FOR INCREASE.— (A) by striking ‘‘The amount referred to’’ States to purchase and distribute to eligible ‘‘(I) IN GENERAL.—From the amount re- in the matter preceding clause (i) and all individuals under section 2616(b) pharma- served under section 2623(b)(2) for a fiscal that follows through the end of clause (i) and ceutical therapeutics described under sub- year, and from amounts available for such inserting the following: ‘‘For purposes of sections (c)(2) and (e) of such section. section pursuant to subsection (d) of this paragraph (1), the amount referred to in this ‘‘(II) ELIGIBLE STATES.—For purposes of section, the Secretary shall make available paragraph for a State (including a territory) subclause (I), a State shall be an eligible such amounts as may be necessary to comply for a fiscal year is, subject to subparagraphs State if the State did not have unobligated with clause (i). (E) and (F)— funds subject to reallocation under section ‘‘(II) PRO RATA REDUCTION.—If the amounts ‘‘(i) an amount equal to the amount made 2618(d) in the previous fiscal year and, in ac- referred to in subclause (I) for a fiscal year available under section 2623 for the fiscal cordance with criteria established by the are insufficient to fully comply with clause year involved for grants pursuant to para- Secretary, demonstrates a severe need for a (i) for the year, the Secretary, in order to graph (1), subject to subparagraph (G); and’’; grant under this clause. For purposes of de- provide the additional funds necessary for and termining severe need, the Secretary shall such compliance, shall reduce on a pro rata

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.122 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11357 basis the amount of each grant pursuant to (5) in paragraph (5) (as so redesignated), by (C) in paragraph (5) (as so redesignated)— paragraph (1) for the fiscal year, other than striking ‘‘paragraphs (3)’’ and all that fol- (i) in subparagraph (E), by striking ‘‘and’’ grants for States for which increases under lows through ‘‘(5),’’ and inserting the fol- at the end; and clause (i) apply and other than States de- lowing: ‘‘paragraphs (2) and (3), may, not- (ii) by inserting after subparagraph (F) the scribed in paragraph (1)(A)(i)(I). A reduction withstanding paragraphs (2) through (4),’’. following: under the preceding sentence may not be (f) REALLOCATION FOR SUPPLEMENTAL ‘‘(G) includes key outcomes to be measured made in an amount that would result in the GRANTS.—Section 2618(d) of the Public by all entities in the State receiving assist- State involved becoming eligible for such an Health Service Act (42 U.S.C. 300ff-28(d)) is ance under this title; and’’; and increase. amended to read as follows: (D) in paragraph (7) (as so redesignated), in ‘‘(v) APPLICABILITY.—This paragraph may ‘‘(d) REALLOCATION.—Any portion of a subparagraph (A)— not be construed as having any applicability grant made to a State under section 2611 for (i) by striking ‘‘paragraph (5)’’ and insert- after fiscal year 2009.’’. a fiscal year that has not been obligated as ing ‘‘paragraph (6)’’; and described in subsection (c) ceases to be avail- (e) ADMINISTRATIVE EXPENSES; CLINICAL (ii) by striking ‘‘paragraph (4)’’ and insert- able to the State and shall be made available QUALITY MANAGEMENT.—Section 2618(b) of ing ‘‘paragraph (5)’’. by the Secretary for grants under section the Public Health Service Act (42 U.S.C. (2) NATIVE AMERICAN REPRESENTATION.— 2620, in addition to amounts made available Section 2617(b)(6) of the Public Health Serv- 300ff-28(b)) is amended— for such grants under section 2623(b)(2).’’. (1) by redesignating paragraphs (2) through ice Act, as redesignated by paragraph (1)(A) (g) DEFINITIONS; OTHER TECHNICAL AMEND- of this subsection, is amended by inserting (7) as paragraphs (1) through (6); MENTS.—Section 2618(a) of the Public Health before ‘‘representatives of grantees’’ the fol- (2) in paragraph (2) (as so redesignated)— Service Act (42 U.S.C. 300ff–28(a)) is amend- lowing: ‘‘members of a Federally recognized (A) by striking ‘‘paragraph (5)’’ and insert- ed— Indian tribe as represented in the State,’’. ing ‘‘paragraph (4)’’; and (1) in paragraph (1), in the matter pre- (3) PAYER OF LAST RESORT.—Section (B) by striking ‘‘paragraph (6)’’ and insert- ceding subparagraph (A), by striking ‘‘sec- 2617(b)(7)(F)(ii) of the Public Health Service ing ‘‘paragraph (5)’’; tion 2677’’ and inserting ‘‘section 2623’’; Act, as redesignated by paragraph (1)(A) of (3) in paragraph (3) (as so redesignated)— (2) in paragraph (1)(A)— this subsection, is amended by inserting be- (A) by amending subparagraph (A) to read (A) in the matter preceding clause (i), by fore the semicolon the following: ‘‘(except as follows: striking ‘‘each of the several States and the for a program administered by or providing ‘‘(A) IN GENERAL.—Subject to paragraph District of Columbia’’ and inserting ‘‘each of the services of the Indian Health Service)’’. (4,) and except as provided in paragraph (5), the 50 States, the District of Columbia, a State may not use more than 10 percent of Guam, and the Virgin Islands (referred to in (d) MATCHING FUNDS; APPLICABILITY OF RE- amounts received under a grant awarded this paragraph as a ‘covered State’)’’; and QUIREMENT.—Section 2617(d)(3) of the Public under section 2611 for administration.’’; (B) in clause (i)— Health Service Act (42 U.S.C. 300ff-27(d)(3)) is (B) by redesignating subparagraphs (B) and (i) in subclause (I), by striking ‘‘State or amended— (C) as subparagraphs (C) and (D), respec- District’’ and inserting ‘‘covered State’’; and (1) in subparagraph (A), by striking ‘‘actively; (ii) in subclause (II)— quired immune deficiency syndrome’’ and in- (C) by inserting after subparagraph (A) the (I) by striking ‘‘State or District’’ and inserting ‘‘HIV/AIDS’’; and following: serting ‘‘covered State’’; and (2) in subparagraph (C), by striking ‘‘ac- ‘‘(B) ALLOCATIONS.—In the case of entities (II) by inserting ‘‘and’’ after the semicolon; quired immune deficiency syndrome’’ and in- and subcontractors to which a State allo- and serting ‘‘HIV/AIDS’’. cates amounts received by the State under a (3) in paragraph (1)(B), by striking ‘‘each SEC. 205. SUPPLEMENTAL GRANTS ON BASIS OF grant under section 2611, the State shall en- territory of the United States, as defined in DEMONSTRATED NEED. sure that, of the aggregate amount so allo- paragraph (3),’’ and inserting ‘‘each territory Subpart I of part B of title XXVI of the cated, the total of the expenditures by such other than Guam and the Virgin Islands’’; Public Health Service Act (42 U.S.C. 300ff-21 entities for administrative expenses does not (4) in paragraph (2)(C)(i), by striking ‘‘or et seq.) is amended— exceed 10 percent (without regard to whether territory’’; and (1) by redesignating section 2620 as section particular entities expend more than 10 per- (5) by striking paragraph (3). 2621; and cent for such expenses).’’; SEC. 204. ADDITIONAL AMENDMENTS TO SUB- (2) by inserting after section 2619 the fol- (D) in subparagraph (C) (as so redesig- PART I OF PART B. lowing: nated), by inserting before the period the fol- (a) REFERENCES TO PART B.—Subpart I of ‘‘SEC. 2620. SUPPLEMENTAL GRANTS. lowing: ‘‘, including a clinical quality man- part B of title XXVI of the Public Health agement program under subparagraph (E)’’; Service Act (42 U.S.C. 300ff-21 et seq.) is ‘‘(a) IN GENERAL.—For the purpose of pro- and amended by striking ‘‘this part’’ each place viding services described in section 2612(a), (E) by adding at the end the following: such term appears and inserting ‘‘section the Secretary shall make grants to States— ‘‘(E) CLINICAL QUALITY MANAGEMENT.— 2611’’. ‘‘(1) whose applications under section 2617 ‘‘(i) REQUIREMENT.—Each State that re- (b) HEPATITIS.—Section 2614(a)(3) of the have demonstrated the need in the State, on ceives a grant under section 2611 shall pro- Public Health Service Act (42 U.S.C. 300ff- an objective and quantified basis, for supple- vide for the establishment of a clinical qual- 24(a)(3)) is amended by inserting ‘‘, including mental financial assistance to provide such ity management program to assess the ex- specialty care and vaccinations for hepatitis services; and tent to which HIV health services provided co-infection,’’ after ‘‘health services’’. ‘‘(2) that did not, for the most recent grant to patients under the grant are consistent (c) APPLICATION FOR GRANT.— year pursuant to section 2618(a)(1) or with the most recent Public Health Service (1) COORDINATION.—Section 2617(b) of the 2618(a)(2)(G)(i) for which data is available, guidelines for the treatment of HIV/AIDS Public Health Service Act (42 U.S.C. 300ff- have more than 2 percent of grant funds and related opportunistic infection, and as 27(b)) is amended— under such sections canceled or covered by applicable, to develop strategies for ensuring (A) by redesignating paragraphs (4) any waivers under section 2622(c). that such services are consistent with the through (6) as paragraphs (5) through (7), re- ‘‘(b) DEMONSTRATED NEED.—The factors guidelines for improvement in the access to spectively; considered by the Secretary in determining and quality of HIV health services. (B) by inserting after paragraph (3), the whether an eligible area has a demonstrated ‘‘(ii) USE OF FUNDS.— following: need for purposes of subsection (a)(1) may in- ‘‘(I) IN GENERAL.—From amounts received ‘‘(4) the designation of a lead State agency clude any or all of the following: under a grant awarded under section 2611 for that shall— ‘‘(1) The unmet need for such services, as a fiscal year, a State may use for activities ‘‘(A) administer all assistance received determined under section 2617(b). associated with the clinical quality manage- under this part; ‘‘(2) An increasing need for HIV/AIDS-re- ment program required in clause (i) not to ‘‘(B) conduct the needs assessment and pre- lated services, including relative rates of in- exceed the lesser of— pare the State plan under paragraph (3); crease in the number of cases of HIV/AIDS. ‘‘(aa) 5 percent of amounts received under ‘‘(C) prepare all applications for assistance ‘‘(3) The relative rates of increase in the the grant; or under this part; number of cases of HIV/AIDS within new or ‘‘(bb) $3,000,000. ‘‘(D) receive notices with respect to pro- emerging subpopulations. ‘‘(II) RELATION TO LIMITATION ON ADMINIS- grams under this title; ‘‘(4) The current prevalence of HIV/AIDS. TRATIVE EXPENSES.—The costs of a clinical ‘‘(E) every 2 years, collect and submit to ‘‘(5) Relevant factors related to the cost quality management program under clause the Secretary all audits, consistent with Of- and complexity of delivering health care to (i) may not be considered administrative ex- fice of Management and Budget circular individuals with HIV/AIDS in the eligible penses for purposes of the limitation estab- A133, from grantees within the State, includ- area. lished in subparagraph (A).’’; ing audits regarding funds expended in ac- ‘‘(6) The impact of co-morbid factors, in- (4) in paragraph (4) (as so redesignated)— cordance with this part; and cluding co-occurring conditions, determined (A) by striking ‘‘paragraph (6)’’ and insert- ‘‘(F) carry out any other duties determined relevant by the Secretary. ing ‘‘paragraph (5)’’; and appropriate by the Secretary to facilitate ‘‘(7) The prevalence of homelessness. (B) by striking ‘‘paragraphs (3) and (4)’’ the coordination of programs under this ‘‘(8) The prevalence of individuals de- and inserting ‘‘paragraphs (2) and (3)’’; and title.’’; scribed under section 2602(b)(2)(M).

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.122 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11358 CONGRESSIONAL RECORD — SENATE December 6, 2006 ‘‘(9) The relevant factors that limit access until the metropolitan area fails, for three graph (1) that is approved for a balance that to health care, including geographic vari- consecutive fiscal years— is unobligated as of the end of a grant year ation, adequacy of health insurance cov- ‘‘(1) to meet the requirements of sub- for an award: erage, and language barriers. section (d); and ‘‘(A) The unobligated funds are available ‘‘(10) The impact of a decline in the ‘‘(2) to have a cumulative total of 750 or for expenditure by the State involved for the amount received pursuant to section 2618 on more living cases of AIDS (reported to and one-year period beginning upon the expira- services available to all individuals with confirmed by the Director of the Centers for tion of the grant year (referred to in this sec- HIV/AIDS identified and eligible under this Disease Control and Prevention) as of De- tion as the ‘carryover year’). title. cember 31 of the most recent calendar year ‘‘(B) If the funds are not expended by the ‘‘(c) PRIORITY IN MAKING GRANTS.—The for which such data is available. end of the carryover year, the Secretary Secretary shall provide funds under this sec- ‘‘(f) DISTRIBUTION.—The amount of a grant shall cancel that unexpended balance of the tion to a State to address the decline in serv- under subsection (a) for a State for a fiscal award, and shall require the State to return ices related to the decline in the amounts re- year shall be an amount equal to the product any amounts from such balance that have ceived pursuant to section 2618 consistent of— been disbursed to the State. with the grant award to the State for fiscal ‘‘(1) the amount available under section ‘‘(3) USE OF CANCELLED BALANCES.—In the year 2006, to the extent that the factor under 2623(b)(1) for the fiscal year; and case of any balance of a grant award that is subsection (b)(10) (relating to a decline in ‘‘(2) a percentage equal to the ratio con- cancelled under paragraph (1) or (2)(B), the funding) applies to the State. stituted by the number of living cases of grant funds involved shall be made available ‘‘(d) REPORT ON THE AWARDING OF SUPPLE- HIV/AIDS in emerging communities in the by the Secretary as additional amounts for MENTAL FUNDS.—Not later than 45 days after State to the sum of the respective numbers grants under section 2620 for the first fiscal the awarding of supplemental funds under of such cases in such communities for all year beginning after the fiscal year in which this section, the Secretary shall submit to States.’’. the Secretary obtains the information nec- Congress a report concerning such funds. SEC. 207. TIMEFRAME FOR OBLIGATION AND EX- essary for determining that the balance is Such report shall include information detail- PENDITURE OF GRANT FUNDS. required under such paragraph to be can- ing— Subpart I of part B of title XXVI of the celed, except that the availability of the ‘‘(1) the total amount of supplemental Public Health Service Act (42 U.S.C. 300ff-21 funds for such grants is subject to section funds available under this section for the et seq.), as amended by section 205, is further 2618(a)(2)(H) as applied for such year. year involved; amended by adding at the end the following: ‘‘(4) CORRESPONDING REDUCTION IN FUTURE ‘‘(2) the amount of supplemental funds ‘‘SEC. 2622. TIMEFRAME FOR OBLIGATION AND GRANT.— used in accordance with the hold harmless EXPENDITURE OF GRANT FUNDS. ‘‘(A) IN GENERAL.—In the case of a State provisions of section 2618(a)(2); ‘‘(a) OBLIGATION BY END OF GRANT YEAR.— for which a balance from a grant award made ‘‘(3) the amount of supplemental funds dis- Effective for fiscal year 2007 and subsequent pursuant to section 2618(a)(1) or bursed pursuant to subsection (c); fiscal years, funds from a grant award made 2618(a)(2)(G)(i) is unobligated as of the end of ‘‘(4) the disbursement of the remainder of to a State for a fiscal year pursuant to sec- the grant year for the award— the supplemental funds after taking into action 2618(a)(1) or 2618(a)(2)(G), or under sec- ‘‘(i) the Secretary shall reduce, by the count the uses described in paragraphs (2) tion 2620 or 2621, are available for obligation same amount as such unobligated balance, and (3); and by the State through the end of the one-year the amount of the grant under such section ‘‘(5) the rationale used for the amount of period beginning on the date in such fiscal for the first fiscal year beginning after the year on which funds from the award first be- funds disbursed as described under para- fiscal year in which the Secretary obtains come available to the State (referred to in graphs (2), (3), and (4). the information necessary for determining this section as the ‘grant year for the ‘‘(e) CORE MEDICAL SERVICES.—The provi- that such balance was unobligated as of the award’), except as provided in subsection sions of section 2612(b) apply with respect to end of the grant year (which requirement for (c)(1). a grant under this section to the same extent a reduction applies without regard to wheth- ‘‘(b) SUPPLEMENTAL GRANTS; CANCELLATION and in the same manner as such provisions er a waiver under paragraph (1) has been ap- OF UNOBLIGATED BALANCE OF GRANT apply with respect to a grant made pursuant proved with respect to such balance); and AWARD.—Effective for fiscal year 2007 and to section 2618(a)(1). subsequent fiscal years, if a grant award ‘‘(ii) the grant funds involved in such re- ‘‘(f) APPLICABILITY OF GRANT AUTHORITY.— made to a State for a fiscal year pursuant to duction shall be made available by the Sec- The authority to make grants under this sec- section 2618(a)(2)(G)(ii), or under section 2620 retary as additional funds for grants under tion applies beginning with the first fiscal or 2621, has an unobligated balance as of the section 2620 for such first fiscal year, subject year for which amounts are made available end of the grant year for the award— to section 2618(a)(2)(H); for such grants under section 2623(b)(1).’’. ‘‘(1) the Secretary shall cancel that unobli- except that this subparagraph does not apply SEC. 206. EMERGING COMMUNITIES. gated balance of the award, and shall require to the State if the amount of the unobligated Section 2621 of the Public Health Service the State to return any amounts from such balance was 2 percent or less. Act, as redesignated by section 205(1) of this balance that have been disbursed to the ‘‘(B) RELATION TO INCREASES IN GRANT.—A Act, is amended— State; and reduction under subparagraph (A) for a State (1) in the heading for the section, by strik- ‘‘(2) the funds involved shall be made avail- for a fiscal year may not be taken into ac- ing ‘‘SUPPLEMENTAL GRANTS’’ and insert- able by the Secretary as additional amounts count in applying section 2618(a)(2)(H) with ing ‘‘EMERGING COMMUNITIES’’; for grants pursuant to section 2620 for the respect to the State for the subsequent fiscal (2) in subsection (b)— first fiscal year beginning after the fiscal year. (A) in paragraph (2), by striking ‘‘and’’ at year in which the Secretary obtains the in- ‘‘(d) TREATMENT OF DRUG REBATES.—For the end; formation necessary for determining that purposes of this section, funds that are drug (B) by redesignating paragraph (3) as para- the balance is required under paragraph (1) rebates referred to in section 2616(g) may not graph (4); and to be canceled, except that the availability be considered part of any grant award re- (C) by inserting after paragraph (2) the fol- of the funds for such grants is subject to sec- ferred to in subsection (a).’’. lowing: tion 2618(a)(2)(H) as applied for such year. SEC. 208. AUTHORIZATION OF APPROPRIATIONS ‘‘(3) agree that the grant will be used to ‘‘(c) FORMULA GRANTS; CANCELLATION OF FOR SUBPART I OF PART B. provide funds directly to emerging commu- UNOBLIGATED BALANCE OF GRANT AWARD; Subpart I of part B of title XXVI of the nities in the State, separately from other WAIVER PERMITTING CARRYOVER.— Public Health Service Act (42 U.S.C. 300ff-21 funds under this title that are provided by ‘‘(1) IN GENERAL.—Effective for fiscal year et seq.), as amended by section 207, is further the State to such communities; and’’. 2007 and subsequent fiscal years, if a grant amended by adding at the end the following: (3) by striking subsections (d) and (e) and award made to a State for a fiscal year pur- ‘‘SEC. 2623. AUTHORIZATION OF APPROPRIA- inserting the following: suant to section 2618(a)(1) or 2618(a)(2)(G)(i) TIONS. ‘‘(d) DEFINITIONS OF EMERGING COMMU- has an unobligated balance as of the end of ‘‘(a) IN GENERAL.—For the purpose of car- NITY.—For purposes of this section, the term the grant year for the award, the Secretary rying out this subpart, there are authorized ‘emerging community’ means a metropolitan shall cancel that unobligated balance of the to be appropriated $1,195,500,000 for fiscal area (as defined in section 2607) for which award, and shall require the State to return year 2007, $1,239,500,000 for fiscal year 2008, there has been reported to and confirmed by any amounts from such balance that have and $1,285,200,000 for fiscal year 2009. the Director of the Centers for Disease Con- been disbursed to the State, unless— Amounts appropriated under the preceding trol and Prevention a cumulative total of at ‘‘(A) before the end of the grant year, the sentence for a fiscal year are available for least 500, but fewer than 1,000, cases of AIDS State submits to the Secretary a written ap- obligation by the Secretary until the end of during the most recent period of 5 calendar plication for a waiver of the cancellation, the second succeeding fiscal year. years for which such data are available. which application includes a description of ‘‘(b) RESERVATION OF AMOUNTS.— ‘‘(e) CONTINUED STATUS AS EMERGING COM- the purposes for which the State intends to ‘‘(1) EMERGING COMMUNITIES.—Of the MUNITY.—Notwithstanding any other provi- expend the funds involved; and amount appropriated under subsection (a) for sion of this section, a metropolitan area that ‘‘(B) the Secretary approves the waiver. a fiscal year, the Secretary shall reserve is an emerging community for a fiscal year ‘‘(2) EXPENDITURE BY END OF CARRYOVER $5,000,000 for grants under section 2621. continues to be an emerging community YEAR.—With respect to a waiver under para- ‘‘(2) SUPPLEMENTAL GRANTS.—

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‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(A) all infants born in the State; or under subsection (a) is being made for a fis- priated under subsection (a) for a fiscal year ‘‘(B) all infants born in the State whose cal year, the Secretary shall inform the ap- in excess of the 2006 adjusted amount, the mother’s HIV/AIDS status is unknown at the plicant whether a waiver under subparagraph Secretary shall reserve 1⁄3 for grants under time of delivery. (A) is in effect for the fiscal year. section 2620, except that the availability of ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) CORE MEDICAL SERVICES.—For purposes the reserved funds for such grants is subject Of the funds appropriated annually to the of this subsection, the term ‘core medical to section 2618(a)(2)(H) as applied for such Centers for Disease Control and Prevention services’, with respect to an individual with year, and except that any amount appro- for HIV/AIDS prevention activities, HIV/AIDS (including the co-occurring condi- priated exclusively for carrying out section $30,000,000 shall be made available for each of tions of the individual) means the following 2616 (and, accordingly, distributed under sec- the fiscal years 2007 through 2009 for grants services: tion 2618(a)(2)(G)) is not subject to this sub- under subsection (a), of which $20,000,000 ‘‘(A) Outpatient and ambulatory health paragraph. shall be made available for grants to States services. ‘‘(B) 2006 ADJUSTED AMOUNT.—For purposes with the policies described in subsection ‘‘(B) AIDS Drug Assistance Program treat- of subparagraph (A), the term ‘2006 adjusted (b)(1), and $10,000,000 shall be made available ments under section 2616. amount’ means the amount appropriated for for grants to States with the policies de- ‘‘(C) AIDS pharmaceutical assistance. fiscal year 2006 under section 2677(b) (as such scribed in subsection (b)(2). Funds provided ‘‘(D) Oral health care. section was in effect for such fiscal year), ex- under this section are available until ex- ‘‘(E) Early intervention services described cluding any amount appropriated for such pended.’’. in subsection (e). year exclusively for carrying out section 2616 SEC. 210. CERTAIN PARTNER NOTIFICATION PRO- ‘‘(F) Health insurance premium and cost (and, accordingly, distributed under section GRAMS; AUTHORIZATION OF APPRO- sharing assistance for low-income individ- 2618(a)(2)(I), as so in effect).’’. PRIATIONS. uals in accordance with section 2615. SEC. 209. EARLY DIAGNOSIS GRANT PROGRAM. Section 2631(d) of the Public Health Serv- ‘‘(G) Home health care. Section 2625 of the Public Health Service ice Act (42 U.S.C. 300ff-38(d)) is amended by ‘‘(H) Medical nutrition therapy. Act (42 U.S.C. 300ff-33) is amended to read as striking ‘‘there are’’ and all that follows and ‘‘(I) Hospice services. follows: inserting the following: ‘‘there is authorized ‘‘(J) Home and community-based health ‘‘SEC. 2625. EARLY DIAGNOSIS GRANT PROGRAM. to be appropriated $10,000,000 for each of the services as defined under section 2614(c). ‘‘(a) IN GENERAL.—In the case of States fiscal years 2007 through 2009.’’. ‘‘(K) Mental health services. whose laws or regulations are in accordance TITLE III—EARLY INTERVENTION ‘‘(L) Substance abuse outpatient care. ‘‘(M) Medical case management, including with subsection (b), the Secretary, acting SERVICES through the Centers for Disease Control and treatment adherence services. Prevention, shall make grants to such States SEC. 301. ESTABLISHMENT OF PROGRAM; CORE ‘‘(d) SUPPORT SERVICES.— MEDICAL SERVICES. for the purposes described in subsection (c). ‘‘(1) IN GENERAL.—For purposes of this sec- (a) IN GENERAL.—Section 2651 of the Public ‘‘(b) DESCRIPTION OF COMPLIANT STATES.— tion, the term ‘support services’ means serv- For purposes of subsection (a), the laws or Health Service Act (42 U.S.C. 300ff–51) is ices, subject to the approval of the Sec- regulations of a State are in accordance with amended to read as follows: retary, that are needed for individuals with this subsection if, under such laws or regula- ‘‘SEC. 2651. ESTABLISHMENT OF A PROGRAM. HIV/AIDS to achieve their medical outcomes tions (including programs carried out pursu- ‘‘(a) IN GENERAL.—For the purposes de- (such as respite care for persons caring for ant to the discretion of State officials), both scribed in subsection (b), the Secretary, act- individuals with HIV/AIDS, outreach serv- of the policies described in paragraph (1) are ing through the Administrator of the Health ices, medical transportation, linguistic serv- in effect, or both of the policies described in Resources and Services Administration, may ices, and referrals for health care and sup- paragraph (2) are in effect, as follows: make grants to public and nonprofit private port services). ‘‘(1)(A) Voluntary opt-out testing of preg- entities specified in section 2652(a). ‘‘(2) DEFINITION OF MEDICAL OUTCOMES.—In nant women. ‘‘(b) REQUIREMENTS.— this section, the term ‘medical outcomes’ ‘‘(B) Universal testing of newborns. ‘‘(1) IN GENERAL.—The Secretary may not means those outcomes affecting the HIV-re- ‘‘(2)(A) Voluntary opt-out testing of clients make a grant under subsection (a) unless the lated clinical status of an individual with at sexually transmitted disease clinics. applicant for the grant agrees to expend the HIV/AIDS. ‘‘(B) Voluntary opt-out testing of clients grant only for— ‘‘(e) SPECIFICATION OF EARLY INTERVENTION at substance abuse treatment centers. ‘‘(A) core medical services described in SERVICES.— The Secretary shall periodically ensure that subsection (c); ‘‘(1) IN GENERAL.—The early intervention the applicable policies are being carried out ‘‘(B) support services described in sub- services referred to in this section are— and recertify compliance. section (d); and ‘‘(A) counseling individuals with respect to ‘‘(c) USE OF FUNDS.—A State may use funds ‘‘(C) administrative expenses as described HIV/AIDS in accordance with section 2662; provided under subsection (a) for HIV/AIDS in section 2664(g)(3). ‘‘(B) testing individuals with respect to testing (including rapid testing), prevention ‘‘(2) EARLY INTERVENTION SERVICES.—An ap- HIV/AIDS, including tests to confirm the counseling, treatment of newborns exposed plicant for a grant under subsection (a) shall presence of the disease, tests to diagnose the to HIV/AIDS, treatment of mothers infected expend not less than 50 percent of the extent of the deficiency in the immune sys- with HIV/AIDS, and costs associated with amount received under the grant for the tem, and tests to provide information on ap- linking those diagnosed with HIV/AIDS to services described in subparagraphs (B) propriate therapeutic measures for pre- care and treatment for HIV/AIDS. through (E) of subsection (e)(1) for individ- venting and treating the deterioration of the ‘‘(d) APPLICATION.—A State that is eligible uals with HIV/AIDS. immune system and for preventing and for the grant under subsection (a) shall sub- ‘‘(c) REQUIRED FUNDING FOR CORE MEDICAL treating conditions arising from HIV/AIDS; mit an application to the Secretary, in such SERVICES.— ‘‘(C) referrals described in paragraph (2); form, in such manner, and containing such ‘‘(1) IN GENERAL.—With respect to a grant ‘‘(D) other clinical and diagnostic services information as the Secretary may require. ‘‘(e) LIMITATION ON AMOUNT OF GRANT.—A under subsection (a) to an applicant for a fis- regarding HIV/AIDS, and periodic medical grant under subsection (a) to a State for a cal year, the applicant shall, of the portion evaluations of individuals with HIV/AIDS; fiscal year may not be made in an amount of the grant remaining after reserving and exceeding $10,000,000. amounts for purposes of paragraphs (3) and ‘‘(E) providing the therapeutic measures ‘‘(f) RULE OF CONSTRUCTION.—Nothing in (5) of section 2664(g), use not less than 75 per- described in subparagraph (B). this section shall be construed to pre-empt cent to provide core medical services that ‘‘(2) REFERRALS.—The services referred to State laws regarding HIV/AIDS counseling are needed in the area involved for individ- in paragraph (1)(C) are referrals of individ- and testing. uals with HIV/AIDS who are identified and uals with HIV/AIDS to appropriate providers ‘‘(g) DEFINITIONS.—In this section: eligible under this title (including services of health and support services, including, as ‘‘(1) The term ‘voluntary opt-out testing’ regarding the co-occurring conditions of the appropriate— means HIV/AIDS testing— individuals). ‘‘(A) to entities receiving amounts under ‘‘(A) that is administered to an individual ‘‘(2) WAIVER.— part A or B for the provision of such services; seeking other health care services; and ‘‘(A) The Secretary shall waive the applica- ‘‘(B) to biomedical research facilities of in- ‘‘(B) in which— tion of paragraph (1) with respect to an ap- stitutions of higher education that offer ex- ‘‘(i) pre-test counseling is not required but plicant for a grant if the Secretary deter- perimental treatment for such disease, or to the individual is informed that the indi- mines that, within the service area of the ap- community-based organizations or other en- vidual will receive an HIV/AIDS test and the plicant— tities that provide such treatment; or individual may opt out of such testing; and ‘‘(i) there are no waiting lists for AIDS ‘‘(C) to grantees under section 2671, in the ‘‘(ii) for those individuals with a positive Drug Assistance Program services under sec- case of a pregnant woman. test result, post-test counseling (including tion 2616; and ‘‘(3) REQUIREMENT OF AVAILABILITY OF ALL referrals for care) is provided and confiden- ‘‘(ii) core medical services are available to EARLY INTERVENTION SERVICES THROUGH EACH tiality is protected. all individuals with HIV/AIDS identified and GRANTEE.— ‘‘(2) The term ‘universal testing of eligible under this title. ‘‘(A) IN GENERAL.—The Secretary may not newborns’ means HIV/AIDS testing that is ‘‘(B) NOTIFICATION OF WAIVER STATUS.— make a grant under subsection (a) unless the administered within 48 hours of delivery to— When informing an applicant that a grant applicant for the grant agrees that each of

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the early intervention services specified in (b) PREFERENCES IN MAKING GRANTS.—Sec- ‘‘(6) information regarding the availability paragraph (2) will be available through the tion 2653 of the Public Health Service Act (42 of hepatitis B vaccine and information about grantee. With respect to compliance with U.S.C. 300ff–53) is amended— hepatitis treatments. such agreement, such a grantee may expend (1) in subsection (b)(1)— ‘‘(b) COUNSELING OF INDIVIDUALS WITH POSI- the grant to provide the early intervention (A) in subparagraph (A), by striking ‘‘ac- TIVE TEST RESULTS.—The Secretary may not services directly, and may expend the grant quired immune deficiency syndrome’’ and in- make a grant under this part unless the ap- to enter into agreements with public or non- serting ‘‘HIV/AIDS’’; and plicant for the grant agrees that, if the re- profit private entities, or private for-profit (B) in subparagraph (D), by inserting be- sults of testing for HIV/AIDS indicate that entities if such entities are the only avail- fore the semicolon the following: ‘‘and the the individual has such condition, the appli- able provider of quality HIV care in the area, number of cases of individuals co-infected cant will provide to the individual appro- under which the entities provide the serv- with HIV/AIDS and hepatitis B or C’’; and priate counseling regarding the condition, ices. (2) in subsection (d)(2), by striking ‘‘special including— ‘‘(B) OTHER REQUIREMENTS.—Grantees de- consideration’’ and inserting ‘‘preference’’. ‘‘(1) information regarding— scribed in— (c) PLANNING AND DEVELOPMENT GRANTS.— ‘‘(A) measures for prevention of, exposure ‘‘(i) subparagraphs (A), (D), (E), and (F) of Section 2654(c) of the Public Health Service to, and transmission of HIV/AIDS, hepatitis section 2652(a)(1) shall use not less than 50 Act (42 U.S.C. 300ff–54(c)) is amended— B, and hepatitis C; percent of the amount of such a grant to pro- (1) in paragraph (1)— ‘‘(B) the accuracy and reliability of results vide the services described in subparagraphs (A) in subparagraph (A), by striking of testing for HIV/AIDS, hepatitis B, and (A), (B), (D), and (E) of paragraph (1) directly ‘‘HIV’’; and hepatitis C; and and on-site or at sites where other primary (B) in subparagraph (B), by striking ‘‘HIV’’ ‘‘(C) the significance of the results of such care services are rendered; and and inserting ‘‘HIV/AIDS’’; and testing, including the potential for devel- ‘‘(ii) subparagraphs (B) and (C) of section (2) in paragraph (3), by striking ‘‘or under- oping AIDS, hepatitis B, or hepatitis C; 2652(a)(1) shall ensure the availability of served communities’’ and inserting ‘‘areas or ‘‘(2) reviewing the appropriateness of fur- early intervention services through a system to underserved populations’’. ther counseling, testing, and education of of linkages to community-based primary SEC. 303. AUTHORIZATION OF APPROPRIATIONS. the individual regarding HIV/AIDS and other care providers, and to establish mechanisms Section 2655 of the Public Health Service sexually transmitted diseases; and for the referrals described in paragraph Act (42 U.S.C. 300ff–55) is amended by strik- ‘‘(3) providing counseling— (1)(C), and for follow-up concerning such re- ing ‘‘such sums’’ and all that follows through ‘‘(A) on the availability, through the appli- ferrals.’’. ‘‘2005’’and inserting ‘‘, $218,600,000 for fiscal cant, of early intervention services; (b) ADMINISTRATIVE EXPENSES; CLINICAL year 2007, $226,700,000 for fiscal year 2008, and ‘‘(B) on the availability in the geographic QUALITY MANAGEMENT PROGRAM.—Section $235,100,000 for fiscal year 2009’’. area of appropriate health care, mental 2664(g) of the Public Health Service Act (42 SEC. 304. CONFIDENTIALITY AND INFORMED health care, and social and support services, U.S.C. 300ff–64(g)) is amended— CONSENT. including providing referrals for such serv- (1) in paragraph (3), by amending the para- Section 2661 of the Public Health Service ices, as appropriate; graph to read as follows: Act (42 U.S.C. 300ff–61) is amended to read as ‘‘(C)(i) that explains the benefits of locat- ‘‘(3) the applicant will not expend more follows: ing and counseling any individual by whom than 10 percent of the grant for administra- ‘‘SEC. 2661. CONFIDENTIALITY AND INFORMED the infected individual may have been ex- tive expenses with respect to the grant, in- CONSENT. posed to HIV/AIDS, hepatitis B, or hepatitis cluding planning and evaluation, except that ‘‘(a) CONFIDENTIALITY.—The Secretary may C and any individual whom the infected indi- the costs of a clinical quality management not make a grant under this part unless, in vidual may have exposed to HIV/AIDS, hepa- program under paragraph (5) may not be con- the case of any entity applying for a grant titis B, or hepatitis C; and sidered administrative expenses for purposes under section 2651, the entity agrees to en- ‘‘(ii) that emphasizes it is the duty of in- of such limitation;’’; and sure that information regarding the receipt fected individuals to disclose their infected (2) in paragraph (5), by inserting ‘‘clinical’’ of early intervention services pursuant to status to their sexual partners and their before ‘‘quality management’’. the grant is maintained confidentially in a partners in the sharing of hypodermic nee- manner not inconsistent with applicable law. dles; that provides advice to infected individ- SEC. 302. ELIGIBLE ENTITIES; PREFERENCES; ‘‘(b) INFORMED CONSENT.—The Secretary uals on the manner in which such disclosures PLANNING AND DEVELOPMENT can be made; and that emphasizes that it is GRANTS. may not make a grant under this part unless the applicant for the grant agrees that, in the continuing duty of the individuals to (a) MINIMUM QUALIFICATION OF GRANTEES.— testing an individual for HIV/AIDS, the ap- avoid any behaviors that will expose others Section 2652(a) of the Public Health Service plicant will test an individual only after the to HIV/AIDS, hepatitis B, or hepatitis C; and Act (42 U.S.C. 300ff–52(a)) is amended to read individual confirms that the decision of the ‘‘(D) on the availability of the services of as follows: individual with respect to undergoing such public health authorities with respect to lo- ‘‘(a) ELIGIBLE ENTITIES.— testing is voluntarily made.’’. cating and counseling any individual de- ‘‘(1) IN GENERAL.—The entities referred to SEC. 305. PROVISION OF CERTAIN COUNSELING scribed in subparagraph (C); in section 2651(a) are public entities and non- SERVICES. ‘‘(4) if diagnosed with chronic hepatitis B profit private entities that are— Section 2662 of the Public Health Service or hepatitis C co-infection, the potential of ‘‘(A) federally-qualified health centers Act (42 U.S.C. 300ff–62) is amended to read as developing hepatitis-related liver disease and under section 1905(l)(2)(B) of the Social Secu- follows: its impact on HIV/AIDS; and rity Act; ‘‘SEC. 2662. PROVISION OF CERTAIN COUNSELING ‘‘(5) information regarding the availability ‘‘(B) grantees under section 1001 (regarding SERVICES. of hepatitis B vaccine. family planning) other than States; ‘‘(a) COUNSELING OF INDIVIDUALS WITH NEG- ‘‘(c) ADDITIONAL REQUIREMENTS REGARDING ‘‘(C) comprehensive hemophilia diagnostic ATIVE TEST RESULTS.—The Secretary may APPROPRIATE COUNSELING.—The Secretary and treatment centers; not make a grant under this part unless the may not make a grant under this part unless ‘‘(D) rural health clinics; applicant for the grant agrees that, if the re- the applicant for the grant agrees that, in ‘‘(E) health facilities operated by or pursu- sults of testing conducted for HIV/AIDS indi- counseling individuals with respect to HIV/ ant to a contract with the Indian Health cate that an individual does not have such AIDS, the applicant will ensure that the Service; condition, the applicant will provide the in- counseling is provided under conditions ap- ‘‘(F) community-based organizations, clin- dividual information, including— propriate to the needs of the individuals. ics, hospitals and other health facilities that ‘‘(1) measures for prevention of, exposure ‘‘(d) COUNSELING OF EMERGENCY RESPONSE provide early intervention services to those to, and transmission of HIV/AIDS, hepatitis EMPLOYEES.—The Secretary may not make a persons infected with HIV/AIDS through in- B, hepatitis C, and other sexually trans- grant under this part to a State unless the travenous drug use; or mitted diseases; State agrees that, in counseling individuals ‘‘(G) nonprofit private entities that provide ‘‘(2) the accuracy and reliability of results with respect to HIV/AIDS, the State will en- comprehensive primary care services to pop- of testing for HIV/AIDS, hepatitis B, and sure that, in the case of emergency response ulations at risk of HIV/AIDS, including hepatitis C; employees, the counseling is provided to faith-based and community-based organiza- ‘‘(3) the significance of the results of such such employees under conditions appropriate tions. testing, including the potential for devel- to the needs of the employees regarding the ‘‘(2) UNDERSERVED POPULATIONS.—Entities oping AIDS, hepatitis B, or hepatitis C; counseling. described in paragraph (1) shall serve under- ‘‘(4) the appropriateness of further coun- ‘‘(e) RULE OF CONSTRUCTION REGARDING served populations which may include mi- seling, testing, and education of the indi- COUNSELING WITHOUT TESTING.—Agreements nority populations and Native American pop- vidual regarding HIV/AIDS and other sexu- made pursuant to this section may not be ulations, ex-offenders, individuals with ally transmitted diseases; construed to prohibit any grantee under this comorbidities including hepatitis B or C, ‘‘(5) if diagnosed with chronic hepatitis B part from expending the grant for the pur- mental illness, or substance abuse, low-in- or hepatitis C co-infection, the potential of pose of providing counseling services de- come populations, inner city populations, developing hepatitis-related liver disease and scribed in this section to an individual who and rural populations.’’. its impact on HIV/AIDS; and does not undergo testing for HIV/AIDS as a

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result of the grantee or the individual deter- ‘‘(A) referrals for inpatient hospital serv- ‘‘(1) LIMITATION.—A grantee may not use mining that such testing of the individual is ices, treatment for substance abuse, and more than 10 percent of amounts received not appropriate.’’. mental health services; and under a grant awarded under this section for SEC. 306. GENERAL PROVISIONS. ‘‘(B) referrals for other social and support administrative expenses. (a) APPLICABILITY OF CERTAIN REQUIRE- services, as appropriate. ‘‘(2) CLINICAL QUALITY MANAGEMENT PRO- MENTS.—Section 2663 of the Public Health ‘‘(3) Additional services necessary to en- GRAM.—A grantee under this section shall Service Act (42 U.S.C. 300ff–63) is amended by able the patient and the family to partici- implement a clinical quality management striking ‘‘will, without’’ and all that follows pate in the program established by the appli- program to assess the extent to which HIV through ‘‘be carried’’ and inserting ‘‘with cant pursuant to such subsection including health services provided to patients under funds appropriated through this Act will be services designed to recruit and retain youth the grant are consistent with the most re- carried’’. with HIV. cent Public Health Service guidelines for the (b) ADDITIONAL REQUIRED AGREEMENTS.— ‘‘(4) The provision of information and edu- treatment of HIV/AIDS and related oppor- Section 2664(a) of the Public Health Service cation on opportunities to participate in tunistic infection, and as applicable, to de- Act (42 U.S.C. 300ff–64(a)) is amended— HIV/AIDS-related clinical research. velop strategies for ensuring that such serv- (1) in paragraph (1)— ‘‘(c) COORDINATION WITH OTHER ENTITIES.— ices are consistent with the guidelines for (A) in subparagraph (A), by striking ‘‘and’’ A grant awarded under subsection (a) may be improvement in the access to and quality of at the end; made only if the applicant provides an agree- HIV health services. (B) in subparagraph (B), by striking ‘‘and’’ ment that includes the following: ‘‘(g) TRAINING AND TECHNICAL ASSIST- at the end; and ‘‘(1) The applicant will coordinate activi- ANCE.—From the amounts appropriated (C) by adding at the end the following: ties under the grant with other providers of under subsection (i) for a fiscal year, the ‘‘(C) information regarding how the ex- health care services under this Act, and Secretary may use not more than 5 percent pected expenditures of the grant are related under title V of the Social Security Act, in- to the planning process for localities funded cluding programs promoting the reduction to provide, directly or through contracts under part A (including the planning process and elimination of risk of HIV/AIDS for with public and private entities (which may described in section 2602) and for States youth. include grantees under subsection (a)), train- funded under part B (including the planning ‘‘(2) The applicant will participate in the ing and technical assistance to assist appli- process described in section 2617(b)); and statewide coordinated statement of need cants and grantees under subsection (a) in ‘‘(D) a specification of the expected ex- under part B (where it has been initiated by complying with the requirements of this sec- penditures and how those expenditures will the public health agency responsible for ad- tion. ministering grants under part B) and in revi- improve overall client outcomes, as de- ‘‘(h) DEFINITIONS.—In this section: sions of such statement. scribed in the State plan under section ‘‘(1) ADMINISTRATIVE EXPENSES.—The term ‘‘(3) The applicant will every 2 years sub- 2617(b);’’; ‘administrative expenses’ means funds that mit to the lead State agency under section (2) in paragraph (2), by striking the period are to be used by grantees for grant manage- 2617(b)(4) audits regarding funds expended in and inserting a semicolon; and ment and monitoring activities, including accordance with this title and shall include (3) by adding at the end the following: costs related to any staff or activity unre- necessary client-level data to complete ‘‘(3) the applicant agrees to provide addi- lated to services or indirect costs. unmet need calculations and Statewide co- tional documentation to the Secretary re- ‘‘(2) INDIRECT COSTS.—The term ‘indirect ordinated statements of need process. garding the process used to obtain commu- costs’ means costs included in a Federally nity input into the design and implementa- ‘‘(d) ADMINISTRATION; APPLICATION.—A grant may only be awarded to an entity negotiated indirect rate. tion of activities related to such grant; and ‘‘(3) SERVICES.—The term ‘services’ ‘‘(4) the applicant agrees to submit, every under subsection (a) if an application for the grant is submitted to the Secretary and the means— 2 years, to the lead State agency under sec- ‘‘(A) services that are provided to clients tion 2617(b)(4) audits, consistent with Office application is in such form, is made in such manner, and contains such agreements, as- to meet the goals and objectives of the proof Management and Budget circular A133, re- surances, and information as the Secretary gram under this section, including the provi- garding funds expended in accordance with determines to be necessary to carry out this sion of professional, diagnostic, and thera- this title and shall include necessary client section. Such application shall include the peutic services by a primary care provider or level data to complete unmet need calcula- following: a referral to and provision of specialty care; tions and Statewide coordinated statements ‘‘(1) Information regarding how the ex- and of need process.’’. pected expenditures of the grant are related ‘‘(B) services that sustain program activity (c) PAYER OF LAST RESORT.—Section to the planning process for localities funded and contribute to or help improve services 2664(f)(1)(A) of the Public Health Service Act under part A (including the planning process under subparagraph (A). (42 U.S.C. 300ff–64(f)(1)(A)) is amended by in- outlined in section 2602) and for States fund- serting ‘‘(except for a program administered ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ed under part B (including the planning proc- by or providing the services of the Indian For the purpose of carrying out this section, ess outlined in section 2617(b)). Health Service)’’ before the semicolon. there are authorized to be appropriated, ‘‘(2) A specification of the expected expend- TITLE IV—WOMEN, INFANTS, CHILDREN, $71,800,000 for each of the fiscal years 2007 itures and how those expenditures will im- through 2009.’’. AND YOUTH prove overall patient outcomes, as outlined SEC. 401. WOMEN, INFANTS, CHILDREN, AND as part of the State plan (under section SEC. 402. GAO REPORT. YOUTH. 2617(b)) or through additional outcome meas- Not later than 24 months after the date of Part D of title XXVI of the Public Health ures. enactment of this Act, the Comptroller Gen- Service Act (42 U.S.C. 300ff–71 et seq.) is ‘‘(e) ANNUAL REVIEW OF PROGRAMS; EVAL- amended to read as follows: UATIONS.— eral of the Government Accountability Of- ‘‘PART D—WOMEN, INFANTS, CHILDREN, ‘‘(1) REVIEW REGARDING ACCESS TO AND PAR- fice shall conduct an evaluation, and submit AND YOUTH TICIPATION IN PROGRAMS.—With respect to a to Congress a report, concerning the funding provided for under part D of title XXVI of ‘‘SEC. 2671. GRANTS FOR COORDINATED SERV- grant under subsection (a) for an entity for a ICES AND ACCESS TO RESEARCH fiscal year, the Secretary shall, not later the Public Health Service Act to determine— FOR WOMEN, INFANTS, CHILDREN, than 180 days after the end of the fiscal year, (1) how funds are used to provide the ad- AND YOUTH. provide for the conduct and completion of a ministrative expenses, indirect costs, and ‘‘(a) IN GENERAL.—The Secretary, acting review of the operation during the year of services, as defined in section 2671(h) of such through the Administrator of the Health Re- the program carried out under such subtitle, for individuals with HIV/AIDS; sources and Services Administration, shall section by the entity. The purpose of such (2) how funds are used to provide the ad- award grants to public and nonprofit private review shall be the development of rec- ministrative expenses, indirect costs, and entities (including a health facility operated ommendations, as appropriate, for improve- services, as defined in section 2671(h) of such by or pursuant to a contract with the Indian ments in the following: title, to family members of women, infants, Health Service) for the purpose of providing ‘‘(A) Procedures used by the entity to allo- children, and youth infected with HIV/AIDS; family-centered care involving outpatient or cate opportunities and services under sub- (3) how funds are used to provide family- ambulatory care (directly or through con- section (a) among patients of the entity who centered care involving outpatient or ambu- tracts) for women, infants, children, and are women, infants, children, or youth. latory care authorized under section 2671(a) youth with HIV/AIDS. ‘‘(B) Other procedures or policies of the en- of such title; ‘‘(b) ADDITIONAL SERVICES FOR PATIENTS tity regarding the participation of such indi- (4) how funds are used to provide addi- AND FAMILIES.—Funds provided under grants viduals in such program. tional services authorized under section awarded under subsection (a) may be used for ‘‘(2) EVALUATIONS.——The Secretary shall, 2671(b) of such title; and the following support services: directly or through contracts with public (5) how funds are used to help identify HIV- ‘‘(1) Family-centered care including case and private entities, provide for evaluations positive pregnant women and their children management. of programs carried out pursuant to sub- who are exposed to HIV and connect them ‘‘(2) Referrals for additional services in- section (a). with care that can improve their health and cluding— ‘‘(f) ADMINISTRATIVE EXPENSES.— prevent perinatal transmission.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.123 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11362 CONGRESSIONAL RECORD — SENATE December 6, 2006 TITLE V—GENERAL PROVISIONS more than 5 percent of the funds allocated tors, and is a factor or set of factors that is SEC. 501. GENERAL PROVISIONS. under this title for sections 2620 and section multiplied by the number of living HIV/AIDS Part E of title XXVI of the Public Health 2603(b). cases in a State or area, providing different Service Act (42 U.S.C. 300ff–80 et seq.) is ‘‘(b) EMERGENCY AREA AND EMERGENCY PE- weights to those cases based on needs. Such amended to read as follows: RIOD.—In this section: factors or set of factors may be different for ‘‘(1) EMERGENCY AREA.—The term ‘emer- different components of the provisions under ‘‘PART E—GENERAL PROVISIONS gency area’ means a geographic area in this title. ‘‘SEC. 2681. COORDINATION. which there exists— ‘‘(c) REQUIREMENTS FOR SECRETARIAL SUB- ‘‘(a) REQUIREMENT.—The Secretary shall ‘‘(A) an emergency or disaster declared by MISSION.—When the Secretary submits to the ensure that the Health Resources and Serv- the President pursuant to the National appropriate committees of Congress the se- ices Administration, the Centers for Disease Emergencies Act or the Robert T. Stafford verity of need index under subsection (a), the Control and Prevention, the Substance Disaster Relief and Emergency Assistance Secretary shall provide the following: Abuse and Mental Health Services Adminis- Act; or ‘‘(1) Methodology for and rationale behind tration, and the Centers for Medicare & Med- ‘‘(B) a public health emergency declared by developing the severity of need index, includ- icaid Services coordinate the planning, fund- the Secretary pursuant to section 319. ing information related to the field testing ing, and implementation of Federal HIV pro- ‘‘(2) EMERGENCY PERIOD.—The term ‘emer- of the severity of need index. grams (including all minority AIDS initia- gency period’ means the period in which ‘‘(2) An independent contractor analysis of tives of the Public Health Service, including there exists— activities carried out under paragraph (1). under section 2693) to enhance the continuity ‘‘(A) an emergency or disaster declared by ‘‘(3) Information regarding the process by of care and prevention services for individ- the President pursuant to the National which the Secretary received community uals with HIV/AIDS or those at risk of such Emergencies Act or the Robert T. Stafford input regarding the application and develop- disease. The Secretary shall consult with Disaster Relief and Emergency Assistance ment of the severity of need index. other Federal agencies, including the De- Act; or ‘‘(d) ANNUAL REPORTS.—If the Secretary partment of Veterans Affairs, as needed and ‘‘(B) a public health emergency declared by fails to submit the severity of need index utilize planning information submitted to the Secretary pursuant to section 319. under subsection (a) in either of fiscal years such agencies by the States and entities eli- ‘‘(c) UNOBLIGATED FUNDS.—If funds under a 2007 or 2008, the Secretary shall prepare and gible for assistance under this title. grant under this section are not expended for submit to the appropriate committees of ‘‘(b) REPORT.—The Secretary shall bienni- an emergency in the fiscal year in which the Congress a report for such fiscal year— ally prepare and submit to the appropriate emergency is declared, such funds shall be ‘‘(1) that updates progress toward having committees of the Congress a report con- returned to the Secretary for reallocation client level data; cerning the coordination efforts at the Fed- under sections 2603(b) and 2620. ‘‘(2) that updates the progress toward hav- eral, State, and local levels described in this ‘‘SEC. 2684. PROHIBITION ON PROMOTION OF ing a severity of need index, including infor- section, including a description of Federal CERTAIN ACTIVITIES. mation related to the methodology and proc- barriers to HIV program integration and a ‘‘None of the funds appropriated under this ess for obtaining community input; and strategy for eliminating such barriers and title shall be used to fund AIDS programs, or ‘‘(3) that, as applicable, states whether the enhancing the continuity of care and preven- to develop materials, designed to promote or Secretary could develop a severity of need tion services for individuals with HIV/AIDS encourage, directly, intravenous drug use or index before fiscal year 2009. or those at risk of such disease. sexual activity, whether homosexual or het- ‘‘SEC. 2688. DEFINITIONS. ‘‘(c) INTEGRATION BY STATE.—As a condi- erosexual. Funds authorized under this title ‘‘For purposes of this title: tion of receipt of funds under this title, a may be used to provide medical treatment ‘‘(1) AIDS.—The term ‘AIDS’ means ac- State shall provide assurances to the Sec- and support services for individuals with quired immune deficiency syndrome. retary that health support services funded HIV. ‘‘(2) CO-OCCURRING CONDITIONS.—The term under this title will be integrated with other ‘‘SEC. 2685. PRIVACY PROTECTIONS. ‘co-occurring conditions’ means one or more such services, that programs will be coordi- ‘‘(a) IN GENERAL.—The Secretary shall en- adverse health conditions in an individual nated with other available programs (includ- sure that any information submitted to, or with HIV/AIDS, without regard to whether ing Medicaid), and that the continuity of collected by, the Secretary under this title the individual has AIDS and without regard care and prevention services of individuals excludes any personally identifiable informa- to whether the conditions arise from HIV. with HIV/AIDS is enhanced. tion. ‘‘(3) COUNSELING.—The term ‘counseling’ NTEGRATION BY LOCAL OR PRIVATE EN- ‘‘(d) I ‘‘(b) DEFINITION.—In this section, the term means such counseling provided by an indi- TITIES.—As a condition of receipt of funds ‘personally identifiable information’ has the vidual trained to provide such counseling. under this title, a local government or pri- meaning given such term under the regula- ‘‘(4) FAMILY-CENTERED CARE.—The term vate nonprofit entity shall provide assur- tions promulgated under section 264(c) of the ‘family-centered care’ means the system of ances to the Secretary that services funded Health Insurance Portability and Account- services described in this title that is tar- under this title will be integrated with other ability Act of 1996. geted specifically to the special needs of in- such services, that programs will be coordi- ‘‘SEC. 2686. GAO REPORT. fants, children, women and families. Family- nated with other available programs (includ- ‘‘The Comptroller General of the Govern- centered care shall be based on a partnership ing Medicaid), and that the continuity of ment Accountability Office shall biennially between parents, professionals, and the com- care and prevention services of individuals submit to the appropriate committees of munity designed to ensure an integrated, co- with HIV is enhanced. Congress a report that includes a description ordinated, culturally sensitive, and commu- ‘‘SEC. 2682. AUDITS. of Federal, State, and local barriers to HIV nity-based continuum of care for children, ‘‘(a) IN GENERAL.—For fiscal year 2009, and program integration, particularly for racial women, and families with HIV/AIDS. each subsequent fiscal year, the Secretary and ethnic minorities, including activities ‘‘(5) FAMILIES WITH HIV/AIDS.—The term may reduce the amounts of grants under this carried out under subpart III of part F, and ‘families with HIV/AIDS’ means families in title to a State or political subdivision of a recommendations for enhancing the con- which one or more members have HIV/AIDS. State for a fiscal year if, with respect to tinuity of care and the provision of preven- ‘‘(6) HIV.—The term ‘HIV’ means infection such grants for the second preceding fiscal tion services for individuals with HIV/AIDS with the human immunodeficiency virus. year, the State or subdivision fails to pre- or those at risk for such disease. Such report ‘‘(7) HIV/AIDS.— pare audits in accordance with the proce- shall include a demonstration of the manner ‘‘(A) IN GENERAL.—The term ‘HIV/AIDS’ dures of section 7502 of title 31, United States in which funds under this subpart are being means HIV, and includes AIDS and any con- Code. The Secretary shall annually select expended and to what extent the services dition arising from AIDS. representative samples of such audits, pre- provided with such funds increase access to ‘‘(B) COUNTING OF CASES.—The term ‘living pare summaries of the selected audits, and prevention and care services for individuals cases of HIV/AIDS’, with respect to the submit the summaries to the Congress. with HIV/AIDS and build stronger commu- counting of cases in a geographic area during ‘‘(b) POSTING ON THE INTERNET.—All audits nity linkages to address HIV prevention and a period of time, means the sum of— that the Secretary receives from the State care for racial and ethnic minority commu- ‘‘(i) the number of living non-AIDS cases of lead agency under section 2617(b)(4) shall be nities. HIV in the area; and posted, in their entirety, on the Internet ‘‘SEC. 2687. SEVERITY OF NEED INDEX. ‘‘(ii) the number of living cases of AIDS in website of the Health Resources and Services ‘‘(a) DEVELOPMENT OF INDEX.—Not later the area. Administration. than September 30, 2008, the Secretary shall ‘‘(C) NON-AIDS CASES.—The term ‘non- ‘‘SEC. 2683. PUBLIC HEALTH EMERGENCY. develop and submit to the appropriate com- AIDS’, with respect to a case of HIV, means ‘‘(a) IN GENERAL.—In an emergency area mittees of Congress a severity of need index that the individual involved has HIV but and during an emergency period, the Sec- in accordance with subsection (c). does not have AIDS. retary shall have the authority to waive ‘‘(b) DEFINITION OF SEVERITY OF NEED ‘‘(8) HUMAN IMMUNODEFICIENCY VIRUS.—The such requirements of this title to improve INDEX.—In this section, the term ‘severity of term ‘human immunodeficiency virus’ means the health and safety of those receiving care need index’ means the index of the relative the etiologic agent for AIDS. under this title and the general public, ex- needs of individuals within a State or area, ‘‘(9) OFFICIAL POVERTY LINE.—The term ‘of- cept that the Secretary may not expend as identified by a number of different fac- ficial poverty line’ means the poverty line

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.123 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11363 established by the Director of the Office of applicant agrees to participate in the ongo- ‘‘(A) For competitive, supplemental grants Management and Budget and revised by the ing revision process of such statement of to improve HIV-related health outcomes to Secretary in accordance with section 673(2) need. reduce existing racial and ethnic health dis- of the Omnibus Budget Reconciliation Act of ‘‘(d) PRIVACY PROTECTION.—The Secretary parities, the Secretary shall, of the amount 1981. may not make a grant under this section for appropriated under subsection (a) for a fiscal ‘‘(10) PERSON.—The term ‘person’ includes the development of a qualified health infor- year, reserve the following, as applicable: one or more individuals, governments (in- mation technology system unless the appli- ‘‘(i) For fiscal year 2007, $43,800,000. cluding the Federal Government and the cant provides assurances to the Secretary ‘‘(ii) For fiscal year 2008, $45,400,000. governments of the States), governmental that the system will, at a minimum, comply ‘‘(iii) For fiscal year 2009, $47,100,000. agencies, political subdivisions, labor with the privacy regulations promulgated ‘‘(B) For competitive grants used for sup- unions, partnerships, associations, corpora- under section 264(c) of the Health Insurance plemental support education and outreach tions, legal representatives, mutual compa- Portability and Accountability Act of 1996. services to increase the number of eligible nies, joint-stock companies, trusts, unincor- ‘‘(e) REPLICATION.—The Secretary shall racial and ethnic minorities who have access porated organizations, receivers, trustees, make information concerning successful to treatment through the program under sec- and trustees in cases under title 11, United models or programs developed under this tion 2616 for therapeutics, the Secretary States Code. part available to grantees under this title for shall, of the amount appropriated for a fiscal the purpose of coordination, replication, and ‘‘(11) STATE.— year under subsection (a), reserve the fol- integration. To facilitate efforts under this ‘‘(A) IN GENERAL.—The term ‘State’ means lowing, as applicable: each of the 50 States, the District of Colum- subsection, the Secretary may provide for ‘‘(i) For fiscal year 2007, $7,000,000. bia, and each of the territories. peer-based technical assistance for grantees ‘‘(ii) For fiscal year 2008, $7,300,000. funded under this part.’’. ‘‘(B) TERRITORIES.—The term ‘territory’ ‘‘(iii) For fiscal year 2009, $7,500,000. means each of American Samoa, Guam, the SEC. 602. AIDS EDUCATION AND TRAINING CEN- ‘‘(C) For planning grants, capacity-build- TERS. Commonwealth of Puerto Rico, the Com- ing grants, and services grants to health care (a) AMENDMENTS REGARDING SCHOOLS AND monwealth of the Northern Mariana Islands, providers who have a history of providing CENTERS.—Section 2692(a)(2) of the Public the Virgin Islands, the Republic of the Mar- culturally and linguistically appropriate Health Service Act (42 U.S.C. 300ff–111(a)(2)) shall Islands, the Federated States of Micro- care and services to racial and ethnic mi- is amended— nesia, and Palau. norities, the Secretary shall, of the amount (1) in subparagraph (A)— ‘‘(12) YOUTH WITH HIV.—The term ‘youth appropriated for a fiscal year under sub- (A) by inserting ‘‘and Native Americans’’ with HIV’ means individuals who are 13 section (a), reserve the following, as applica- after ‘‘minority individuals’’; and through 24 years old and who have HIV/ ble: (B) by striking ‘‘and’’ at the end; AIDS.’’. ‘‘(i) For fiscal year 2007, $53,400,000. (2) in subparagraph (B), by striking the pe- ‘‘(ii) For fiscal year 2008, $55,400,000. TITLE VI—DEMONSTRATION AND riod and inserting ‘‘; and’’; and ‘‘(iii) For fiscal year 2009, $57,400,000. TRAINING (3) by adding at the end the following: ‘‘(D) For eliminating racial and ethnic dis- SEC. 601. DEMONSTRATION AND TRAINING. ‘‘(C) train or result in the training of parities in the delivery of comprehensive, Subpart I of part F of title XXVI of the health professionals and allied health profes- culturally and linguistically appropriate Public Health Service Act (42 U.S.C. 300ff–101 sionals to provide treatment for hepatitis B care services for HIV disease for women, inet seq.) is amended to read as follows: or C co-infected individuals.’’. fants, children, and youth, the Secretary ‘‘Subpart I—Special Projects of National (b) AUTHORIZATIONS OF APPROPRIATIONS FOR shall, of the amount appropriated under sub- Significance SCHOOLS, CENTERS, AND DENTAL PROGRAMS.— section (a), reserve $18,500,000 for each of the ‘‘SEC. 2691. SPECIAL PROJECTS OF NATIONAL Section 2692(c) of the Public Health Service fiscal years 2007 through 2009. SIGNIFICANCE. Act (42 U.S.C. 300ff–-111(c)) is amended to ‘‘(E) For increasing the training capacity ‘‘(a) IN GENERAL.—Of the amount appro- read as follows: of centers to expand the number of health priated under each of parts A, B, C, and D for ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— care professionals with treatment expertise each fiscal year, the Secretary shall use the ‘‘(1) SCHOOLS; CENTERS.—For the purpose of and knowledge about the most appropriate greater of $20,000,000 or an amount equal to 3 awarding grants under subsection (a), there standards of HIV disease-related treatments percent of such amount appropriated under is authorized to be appropriated $34,700,000 and medical care for racial and ethnic mi- each such part, but not to exceed $25,000,000, for each of the fiscal years 2007 through 2009. nority adults, adolescents, and children with to administer special projects of national ‘‘(2) DENTAL SCHOOLS.—For the purpose of HIV disease, the Secretary shall, of the significance to— awarding grants under subsection (b), there amount appropriated under subsection (a), ‘‘(1) quickly respond to emerging needs of is authorized to be appropriated $13,000,000 reserve $8,500,000 for each of the fiscal years individuals receiving assistance under this for each of the fiscal years 2007 through 2007 through 2009. title; and 2009.’’. ‘‘(c) CONSISTENCY WITH PRIOR PROGRAM.— ‘‘(2) to fund special programs to develop a SEC. 603. CODIFICATION OF MINORITY AIDS INI- With respect to the purpose described in sub- standard electronic client information data TIATIVE. section (a), the Secretary shall carry out system to improve the ability of grantees Part F of title XXVI of the Public Health this section consistent with the activities under this title to report client-level data to Service Act (42 U.S.C. 300ff–101 et seq.) is carried out under this title by the Secretary the Secretary. amended by adding at the end the following: pursuant to the Departments of Labor, ‘‘(b) GRANTS.—The Secretary shall award ‘‘Subpart III—Minority AIDS Initiative Health and Human Services, and Education, grants under subsection (a) to entities eligi- ‘‘SEC. 2693. MINORITY AIDS INITIATIVE. and Related Agencies Appropriations Act, 2002 (Public Law 107–116).’’. ble for funding under parts A, B, C, and D ‘‘(a) IN GENERAL.—For the purpose of car- based on— rying out activities under this section to TITLE VII—MISCELLANEOUS PROVISIONS ‘‘(1) whether the funding will promote ob- evaluate and address the disproportionate SEC. 701. HEPATITIS; USE OF FUNDS. taining client level data as it relates to the impact of HIV/AIDS on, and the disparities Section 2667 of the Public Health Service creation of a severity of need index, includ- in access, treatment, care, and outcomes for, Act (42 U.S.C. 300ff–67) is amended— ing funds to facilitate the purchase and en- racial and ethnic minorities (including Afri- (1) in paragraph (2), by striking ‘‘and’’ at hance the utilization of qualified health in- can Americans, Alaska Natives, Latinos, the end; formation technology systems; American Indians, Asian Americans, Native (2) in paragraph (3), by striking the period ‘‘(2) demonstrated ability to create and Hawaiians, and Pacific Islanders), there are and inserting ‘‘; and’’; and maintain a qualified health information authorized to be appropriated $131,200,000 for (3) by adding at the end the following: technology system; fiscal year 2007, $135,100,000 for fiscal year ‘‘(4) shall provide information on the trans- ‘‘(3) the potential replicability of the pro- 2008, and $139,100,000 for fiscal year 2009. mission and prevention of hepatitis A, B, and posed activity in other similar localities or ‘‘(b) CERTAIN ACTIVITIES.— C, including education about the availability nationally; ‘‘(1) IN GENERAL.—In carrying out the pur- of hepatitis A and B vaccines and assisting ‘‘(4) the demonstrated reliability of the pose described in subsection (a), the Sec- patients in identifying vaccination sites.’’. proposed qualified health information tech- retary shall provide for— SEC. 702. CERTAIN REFERENCES. nology system across a variety of providers, ‘‘(A) emergency assistance under part A; Title XXVI of the Public Health Service geographic regions, and clients; and ‘‘(B) care grants under part B; Act (42 U.S.C. 300ff et seq.) is amended— ‘‘(5) the demonstrated ability to maintain ‘‘(C) early intervention services under part (1) by striking ‘‘acquired immune defi- a safe and secure qualified health informa- C; ciency syndrome’’ each place such term ap- tion system; or ‘‘(D) services through projects for HIV-re- pears, other than in section 2687(1) (as added ‘‘(6) newly emerging needs of individuals lated care under part D; and by section 501 of this Act), and inserting receiving assistance under this title. ‘‘(E) activities through education and ‘‘AIDS’’; ‘‘(c) COORDINATION.—The Secretary may training centers under section 2692. (2) by striking ‘‘such syndrome’’ and in- not make a grant under this section unless ‘‘(2) ALLOCATIONS AMONG ACTIVITIES.—Ac- serting ‘‘AIDS’’; and the applicant submits evidence that the pro- tivities under paragraph (1) shall be carried (3) by striking ‘‘HIV disease’’ each place posed program is consistent with the state- out by the Secretary in accordance with the such term appears and inserting ‘‘HIV/ wide coordinated statement of need, and the following: AIDS’’.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.123 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11364 CONGRESSIONAL RECORD — SENATE December 6, 2006 SEC. 703. REPEAL. through 2006’’ and inserting ‘‘$6,500,000 for TITLE I—JUDICIAL SECURITY Effective on October 1, 2009, title XXVI of fiscal year 2007, $7,100,000 for fiscal year 2008, IMPROVEMENTS AND FUNDING the Public Health Service Act (42 U.S.C. 300ff $7,600,000 for fiscal year 2009, $8,300,000 for fis- SEC. 101. JUDICIAL BRANCH SECURITY REQUIRE- et seq.) is repealed. cal year 2010, and $9,200,000 for fiscal year MENTS. 2011’’; (a) ENSURING CONSULTATION WITH THE JUDI- SA 5213. Mr. FRIST (for Mr. INHOFE (2) in subsection (b), by striking ‘‘$500,000 CIARY.—Section 566 of title 28, United States (for himself, Mr. CHAFEE, and Mr. JEF- for each fiscal year’’ and inserting ‘‘$650,000 Code, is amended by adding at the end the FORDS)) proposed an amendment to bill for fiscal year 2007, $700,000 for fiscal year following: H.R. 4588, to reauthorize grants for and 2008, $750,000 for fiscal year 2009, $800,000 for ‘‘(i) The Director of the United States Mar- require applied water supply research fiscal year 2010, and $850,000 for fiscal year shals Service shall consult with the Judicial regarding the water resources research 2011’’; Conference of the United States on a con- (3) in subsection (c), by striking ‘‘$1,500,000 tinuing basis regarding the security require- and technology institutes established for each of fiscal years 2003 through 2006’’ ments for the judicial branch of the United under the Water Resources Research and inserting ‘‘$1,600,000 for fiscal year 2007, States Government, to ensure that the views Act of 1984; as follows: $1,700,000 for fiscal year 2008, $1,800,000 for fis- of the Judicial Conference regarding the se- On page 2, strike line 6 and insert the fol- cal year 2009, $1,900,000 for fiscal year 2010, curity requirements for the judicial branch lowing: and $2,000,000 for fiscal year 2011’’; of the Federal Government are taken into ‘‘(B) the exploration of new ideas that— (4) in subsection (d), by striking ‘‘$500,000 account when determining staffing levels, ‘‘(i) address water problems; or for each of fiscal years 2003 through 2006’’ setting priorities for programs regarding ju- ‘‘(ii) expand understanding of water and and inserting ‘‘$550,000 for fiscal year 2007, dicial security, and allocating judicial secu- water-related phenomena; $600,000 for fiscal year 2008, $650,000 for fiscal rity resources. In this paragraph, the term On page 3, line 24, strike ‘‘and’’. year 2009, $700,000 for fiscal year 2010, and ‘judicial security’ includes the security of On page 4, strike lines 1 and 2 and insert $750,000 for fiscal year 2011’’; and buildings housing the judiciary, the personal the following: (5) in subsection (e), by striking ‘‘$600,000 security of judicial officers, the assessment ‘‘(C) advances in water infrastructure and for each of fiscal years 2003 through 2006’’ of threats made to judicial officers, and the water quality improvements; and and inserting ‘‘$700,000 for fiscal year 2007, protection of all other judicial personnel. ‘‘(D) methods for identifying, and deter- $800,000 for fiscal year 2008, $900,000 for fiscal The United States Marshals Service retains mining the effectiveness of, treatment tech- year 2009, $1,000,000 for fiscal year 2010, and final authority regarding security require- nologies and efficiencies.’’. $1,100,000 for fiscal year 2011’’. ments for the judicial branch of the Federal On page 4, line 5, strike ‘‘5’’ and insert Government.’’. ‘‘7.5’’. SA 5215. Mr. FRIST proposed an (b) CONFORMING AMENDMENT.—Section 331 of title 28, United States Code, is amended by SA 5214. Mr. FRIST (for Mr. INHOFE amendment to the concurrent resolu- adding at the end the following: (for himself, Mr. JEFFORDS, Mr. BOND tion H. Con. Res. 430, recognizing the ‘‘The Judicial Conference shall consult and Mr. BAUCUS)) proposed an amend- accomplishments of the American with the Director of United States Marshals ment to bill S. 2735, to amend the Na- Council of Young Political Leaders for Service on a continuing basis regarding the tional Dam Safety Program Act to re- providing 40 years of international ex- security requirements for the judicial branch authorize the national dam safety pro- change programs, increasing inter- of the United States Government, to ensure gram, and for other purposes; as fol- national dialogue, and enhancing glob- that the views of the Judicial Conference re- lows: al understanding, and commemorating garding the security requirements for the judicial branch of the Federal Government are Strike all after the enacting clause and in- its 40th anniversary; as follows: taken into account when determining staff- sert the following: On page 3, in the third whereas clause, ing levels, setting priorities for programs re- SECTION 1. DAM SAFETY. strike ‘‘during the hostilities’’ and insert garding judicial security, and allocating ju- (a) SHORT TITLE.—This section may be ‘‘following the massacre’’. dicial security resources. In this paragraph, cited as the ‘‘Dam Safety Act of 2006’’. the term ‘judicial security’ includes the se- (b) NATIONAL DAM INVENTORY.—Section 6 of curity of buildings housing the judiciary, the the National Dam Safety Program Act (33 SA 5216. Mr. FRIST (for Mr. AKAKA) U.S.C. 467d) is amended to read as follows: personal security of judicial officers, the as- proposed an amendment to the bill S. sessment of threats made to judicial officers, ‘‘SEC. 6. NATIONAL DAM INVENTORY. 1876, to provide that attorneys em- and the protection of all other judicial per- ‘‘The Secretary of the Army shall main- ployed by the Department of Justice sonnel. The United States Marshals Service tain and update information on the inven- shall be eligible for compensatory time retains final authority regarding security re- tory of dams in the United States. Such in- quirements for the judicial branch of the ventory of dams shall include any available off for travel under section 5550b of Federal Government.’’. information assessing each dam based on in- title 5, United States Code; as follows: SEC. 102. PROTECTION OF FAMILY MEMBERS. spections completed by either a Federal In section 1, strike subsection (a) and in- Section 105(b)(3) of the Ethics in Govern- agency or a State dam safety agency.’’. sert the following: (c) NATIONAL DAM SAFETY PROGRAM.— ment Act of 1978 (5 U.S.C. App.) is amended— (a) IN GENERAL.—Attorneys employed by (1) DUTIES.—Section 8(b)(1) of the National (1) in subparagraph (A), by inserting ‘‘or a the Department of Justice (including assist- Dam Safety Program Act (33 U.S.C. family member of that individual’’ after ant United States attorneys) shall be eligible 467f(b)(1)) is amended by striking ‘‘and target ‘‘that individual’’; and for compensatory time off for travel under dates to’’ and inserting ‘‘performance meas- (2) in subparagraph (B)(i), by inserting ‘‘or section 5550b of title 5, United States Code, ures, and target dates toward effectively ad- a family member of that individual’’ after without regard to any provision of section ministering this Act in order to’’. ‘‘the report’’. 115 of the Departments of Commerce, Jus- (2) ASSISTANCE FOR STATE DAM SAFETY PRO- SEC. 103. FINANCIAL DISCLOSURE REPORTS. tice, and State, the Judiciary, and Related GRAMS.—Section 8(e)(2)(A) of the National (a) EXTENSION OF AUTHORITY.—Section Agencies Appropriations Act, 2000 (as en- Dam Safety Program Act (33 U.S.C. 105(b)(3) of the Ethics in Government Act of acted into law by section 1000(a)(1) of Public 467f(e)(2)(A)) is amended— 1978 (5 U.S.C. App) is amended by striking Law 106-113 and reenacted by section 111 of (A) in the matter preceding clause (i), by ‘‘2005’’ each place that term appears and in- the Department of Justice Appropriations striking ‘‘substantially’’; serting ‘‘2009’’. Act, 2001 (as enacted into law by appendix B (B) by redesignating clauses (iv) through (b) REPORT CONTENTS.—Section 105(b)(3)(C) of Public Law 106-553)). (x) as clauses (v) through (xi), respectively; of the Ethics in Government Act of 1978 (5 (C) by inserting after clause (iii) the fol- U.S.C. App) is amended— lowing: SA 5217. Mr. FRIST (for Mr. SPECTER (1) in clause (ii), by striking ‘‘and’’ at the ‘‘(iv) the authority to require or perform (for himself, Mr. LEAHY, Mr. REID, Mr. end; periodic evaluations of all dams and res- CORNYN, and Mr. DURBIN)) proposed an (2) in clause (iii), by striking the period at ervoirs to determine the extent of the threat amendment to the bill H.R. 1751, to the end and inserting a semicolon; and (3) by adding at the end the following: to human life and property in case of fail- amend title 18, United States Code, to ure;’’; and ‘‘(iv) the nature or type of information re- (D) in clause (vii) (as redesignated by sub- protect judges, prosecutors, witnesses, dacted; paragraph (B)), by inserting ‘‘install and victims, and their family members, and ‘‘(v) what steps or procedures are in place monitor instrumentation,’’ after ‘‘remedial for other purposes; as follows: to ensure that sufficient information is work,’’. Strike all after the enacting clause and in- available to litigants to determine if there is (d) AUTHORIZATION OF APPROPRIATIONS.— sert the following: a conflict of interest; Section 13 of the National Dam Safety Pro- ‘‘(vi) principles used to guide implementa- gram Act (33 U.S.C. 467j) is amended— SECTION 1. SHORT TITLE. tion of redaction authority; and (1) in subsection (a)(1), by striking This Act may be cited as the ‘‘Court Secu- ‘‘(vii) any public complaints received in re- ‘‘$6,000,000 for each of fiscal years 2003 rity Improvement Act of 2006’’. gards to redaction.’’.

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.123 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11365 SEC. 104. PROTECTION OF UNITED STATES TAX diate family of that covered official, publicly (2) in subsection (a)(2)(B), by striking ‘‘20 COURT. available— years’’ and inserting ‘‘30 years’’; (a) IN GENERAL.—Section 566(a) of title 28, ‘‘(1) with the intent to threaten, intimi- (3) in subsection (b)— United States Code, is amended by striking date, or incite the commission of a crime of (A) in paragraph (2)— ‘‘and the Court of International Trade’’ and violence against that covered official, or a (i) by inserting a comma after ‘‘proba- inserting ‘‘, the Court of International member of the immediate family of that cov- tion’’; and Trade, and any other court, as provided by ered official; or (ii) by striking the comma which imme- law’’. ‘‘(2) with the intent and knowledge that diately follows another comma; and (b) INTERNAL REVENUE CODE.—Section the restricted personal information will be (B) in the matter following paragraph (2), 7456(c) of the Internal Revenue Code of 1986 used to threaten, intimidate, or facilitate by striking ‘‘ten years’’ and inserting ‘‘20 (relating to incidental powers of the Tax the commission of a crime of violence years’’; and Court) is amended in the matter following against that covered official, or a member of (4) by redesignating the second subsection paragraph (3), by striking the period at the the immediate family of that covered offi- (e) as subsection (f). end, and inserting ‘‘and may otherwise pro- cial, SEC. 207. GENERAL MODIFICATIONS OF FEDERAL vide for the security of the Tax Court, in- shall be fined under this title, imprisoned MURDER CRIME AND RELATED cluding the personal protection of Tax Court CRIMES. not more than 5 years, or both. Section 1112(b) of title 18, United States judges, court officers, witnesses, and other ‘‘(b) DEFINITIONS.—In this section— Code, is amended— threatened person in the interests of justice, ‘‘(1) the term ‘restricted personal informa- where criminal intimidation impedes on the (1) by striking ‘‘ten years’’ and inserting tion’ means, with respect to an individual, ‘‘20 years’’; and functioning of the judicial process or any the Social Security number, the home ad- other official proceeding.’’. (2) by striking ‘‘six years’’ and inserting dress, home phone number, mobile phone ‘‘10 years’’. SEC. 105. ADDITIONAL AMOUNTS FOR UNITED number, personal email, or home fax number STATES MARSHALS SERVICE TO of, and identifiable to, that individual; TITLE III—PROTECTING STATE AND PROTECT THE JUDICIARY. ‘‘(2) the term ‘covered official’ means— LOCAL JUDGES AND RELATED GRANT In addition to any other amounts author- ‘‘(A) an individual designated in section PROGRAMS ized to be appropriated for the United States 1114; or SEC. 301. GRANTS TO STATES TO PROTECT WIT- Marshals Service, there are authorized to be ‘‘(B) a grand or petit juror, witness, or NESSES AND VICTIMS OF CRIMES. (a) IN GENERAL.—Section 31702 of the Vio- appropriated for the United States Marshals other officer in or of, any court of the United lent Crime Control and Law Enforcement Service to protect the judiciary, $20,000,000 States, or an officer who may be serving at Act of 1994 (42 U.S.C. 13862) is amended— for each of fiscal years 2006 through 2010 for— any examination or other proceeding before (1) in paragraph (3), by striking ‘‘and’’ at (1) hiring entry-level deputy marshals for any United States magistrate judge or other the end; providing judicial security; committing magistrate; (2) in paragraph (4), by striking the period (2) hiring senior-level deputy marshals for ‘‘(3) the term ‘crime of violence’ has the and inserting ‘‘; and’’; and investigating threats to the judiciary and meaning given the term in section 16; and (3) by adding at the end the following: providing protective details to members of ‘‘(4) the term ‘immediate family’ has the the judiciary and assistant United States at- ‘‘(5) by a State, unit of local government, meaning given the term in section 115(c)(2).’’. or Indian tribe to create and expand witness torneys; and (b) CLERICAL AMENDMENT.—The table of and victim protection programs to prevent (3) for the Office of Protective Intelligence, sections at the beginning of chapter 7 of title threats, intimidation, and retaliation for hiring senior-level deputy marshals, hir- 18, United States Code, is amended by adding against victims of, and witnesses to, violent ing program analysts, and providing secure at the end the following new item: computer systems. crimes.’’. ‘‘118. Protection of individuals performing (b) AUTHORIZATION OF APPROPRIATIONS.— TITLE II—CRIMINAL LAW ENHANCE- certain official duties.’’. Section 31707 of the Violent Crime Control MENTS TO PROTECT JUDGES, FAMILY SEC. 203. PROHIBITION OF POSSESSION OF DAN- and Law Enforcement Act of 1994 (42 U.S.C. MEMBERS, AND WITNESSES GEROUS WEAPONS IN FEDERAL 13867) is amended to read as follows: SEC. 201. PROTECTIONS AGAINST MALICIOUS RE- COURT FACILITIES. ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- CORDING OF FICTITIOUS LIENS Section 930(e)(1) of title 18, United States TIONS. AGAINST FEDERAL JUDGES AND Code, is amended by inserting ‘‘or other dan- ‘‘There are authorized to be appropriated FEDERAL LAW ENFORCEMENT OFFI- gerous weapon’’ after ‘‘firearm’’. $20,000,000 for each of the fiscal years 2006 CERS. SEC. 204. CLARIFICATION OF VENUE FOR RETAL- through 2010 to carry out this subtitle.’’. (a) OFFENSE.—Chapter 73 of title 18, United IATION AGAINST A WITNESS. SEC. 302. ELIGIBILITY OF STATE COURTS FOR States Code, is amended by adding at the end Section 1513 of title 18, United States Code, CERTAIN FEDERAL GRANTS. the following: is amended by adding at the end the fol- (a) CORRECTIONAL OPTIONS GRANTS.—Sec- ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL lowing: tion 515 of the Omnibus Crime Control and JUDGE OR FEDERAL LAW ENFORCE- ‘‘(g) A prosecution under this section may Safe Streets Act of 1968 (42 U.S.C. 3762a) is MENT OFFICER BY FALSE CLAIM OR be brought in the district in which the offi- amended— SLANDER OF TITLE. cial proceeding (whether pending, about to (1) in subsection (a)— ‘‘Whoever files, attempts to file, or con- be instituted, or completed) was intended to (A) in paragraph (2), by striking ‘‘and’’ at spires to file, in any public record or in any be affected, or in which the conduct consti- the end; private record which is generally available tuting the alleged offense occurred.’’. (B) in paragraph (3), by striking the period to the public, any false lien or encumbrance and inserting ‘‘; and’’; and against the real or personal property of an SEC. 205. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, OR AN INFORM- (C) by adding at the end the following: individual described in section 1114, on ac- ANT OFFENSE. ‘‘(4) grants to State courts to improve se- count of the performance of official duties by (a) CHANGES IN PENALTIES.—Section 1512 of curity for State and local court systems.’’; that individual, knowing or having reason to title 18, United States Code, is amended— and know that such lien or encumbrance is false (1) so that subparagraph (A) of subsection (2) in subsection (b), by inserting after the or contains any materially false, fictitious, (a)(3) reads as follows: period the following: or fraudulent statement or representation, ‘‘(A) in the case of a killing, the punish- ‘‘Priority shall be given to State court appli- shall be fined under this title or imprisoned ment provided in sections 1111 and 1112;’’; cants under subsection (a)(4) that have the for not more than 10 years, or both.’’. (2) in subsection (a)(3)— greatest demonstrated need to provide security in order to administer justice.’’. (b) CLERICAL AMENDMENT.—The chapter (A) in the matter following clause (ii) of (b) ALLOCATIONS.—Section 516(a) of the analysis for chapter 73 of title 18, United subparagraph (B) by striking ‘‘20 years’’ and States Code, is amended by adding at the end Omnibus Crime Control and Safe Streets Act inserting ‘‘30 years’’; and of 1968 (42 U.S.C. 3762b) is amended by— the following new item: (B) in subparagraph (C), by striking ‘‘10 ‘‘1521. Retaliating against a Federal judge (1) striking ‘‘80’’ and inserting ‘‘70’’; years’’ and inserting ‘‘20 years’’; (2) striking ‘‘and 10’’ and inserting ‘‘10’’; or Federal law enforcement officer by (3) in subsection (b), by striking ‘‘ten false claim or slander of title.’’. and years’’ and inserting ‘‘20 years’’; and (3) inserting before the period the fol- SEC. 202. PROTECTION OF INDIVIDUALS PER- (4) in subsection (d), by striking ‘‘one lowing: ‘‘, and 10 percent for section FORMING CERTAIN OFFICIAL DU- year’’ and inserting ‘‘3 years’’. TIES. 515(a)(4)’’. SEC. 206. MODIFICATION OF RETALIATION OF- (a) OFFENSE.—Chapter 7 of title 18, United (c) STATE AND LOCAL GOVERNMENTS TO CON- FENSE. States Code, is amended by adding at the end SIDER COURTS.—The Attorney General may Section 1513 of title 18, United States Code, the following: require, as appropriate, that whenever a is amended— State or unit of local government or Indian ‘‘§ 118. Protection of individuals performing (1) in subsection (a)(1)(B)— tribe applies for a grant from the Depart- certain official duties (A) by inserting a comma after ‘‘proba- ment of Justice, the State, unit, or tribe ‘‘(a) IN GENERAL.—Whoever knowingly tion’’; and demonstrate that, in developing the applica- makes restricted personal information about (B) by striking the comma which imme- tion and distributing funds, the State, unit, a covered official, or a member of the immediately follows another comma; or tribe—

VerDate Aug 31 2005 10:31 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.126 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11366 CONGRESSIONAL RECORD — SENATE December 6, 2006 (1) considered the needs of the judicial (3) by adding at the end the following: which the offices coordinate with offices in branch of the State, unit, or tribe, as the ‘‘(f) In this section, the term ‘service with specific districts. case may be; a public agency as a law enforcement officer’ (10) The role, if any, that the United States (2) consulted with the chief judicial officer includes service as a law enforcement officer Marshals Service or any other Department of of the highest court of the State, unit, or of the Amtrak Police Department or as a law Justice component plays in protecting, or tribe, as the case may be; and enforcement or police officer of the execu- providing security services or training for, (3) consulted with the chief law enforce- tive branch of the Federal Government.’’. attorneys handling prosecutions described in ment officer of the law enforcement agency SEC. 402. REPORT ON SECURITY OF FEDERAL subsection (a). responsible for the security needs of the judi- PROSECUTORS. SEC. 403. GOVERNMENT ACCOUNTABILITY OF- cial branch of the State, unit, or tribe, as the (a) IN GENERAL.—Not later than 90 days FICE STUDY OF QUALIFIED ACTIVE case may be. after the date of enactment of this Act, the AND RETIRED LAW ENFORCEMENT (d) ARMOR VESTS.—Section 2501 of title I of Attorney General shall submit to the Com- OFFICERS. the Omnibus Crime Control and Safe Streets mittee on the Judiciary of the Senate and (a) IN GENERAL.—Not later than 6 months Act of 1968 (42 U.S.C. 3796ll) is amended— the Committee on the Judiciary of the House after the date of the enactment of this Act, (1) in subsection (a), by inserting ‘‘and of Representatives a report on the security the Comptroller General of the United States State and local court officers’’ after ‘‘tribal of assistant United States attorneys and shall begin a study of the number of active law enforcement officers’’; and other Federal attorneys arising from the and retired law enforcement officers car- (2) in subsection (b), by inserting ‘‘State or prosecution of terrorists, violent criminal rying concealed firearms pursuant to sec- local court,’’ after ‘‘government,’’. gangs, drug traffickers, gun traffickers, tions 926B and 926C of title 18, United States white supremacists, those who commit fraud TITLE IV—LAW ENFORCEMENT OFFICERS Code. and other white-collar offenses, and other (b) CONTENTS.—The study shall determine SEC. 401. AMENDMENTS TO LAW ENFORCEMENT criminal cases. and analyze the following: OFFICER SAFETY PROVISIONS OF (b) CONTENTS.—The report submitted under (1) The number of qualified law enforce- TITLE 18. subsection (a) shall describe each of the fol- (a) IN GENERAL.—Section 926B of title 18, ment officers in each State or any political lowing: United States Code, is amended by adding at subdivision thereof carrying a concealed fire- (1) The number and nature of threats and the end the following: arm under section 926B of title 18, United ‘‘(f) For purposes of this section, a law en- assaults against attorneys handling prosecu- States Code. forcement officer of the Amtrak Police De- tions described in subsection (a) and the re- (2) The number of qualified retired law en- partment or a law enforcement or police offi- porting requirements and methods. forcement officers in each State or any polit- cer of the executive branch of the Federal (2) The security measures that are in place ical subdivision thereof carrying a concealed Government qualifies as an employee of a to protect the attorneys who are handling firearm under section 926C of title 18, United governmental agency who is authorized by prosecutions described in subsection (a), in- States Code. law to engage in or supervise the prevention, cluding threat assessments, response proce- (3) The number of qualified retired law en- detection, investigation, or prosecution of, dures, availability of security systems and forcement officers with less than 15 years of or the incarceration of any person for, any other devices, firearms licensing (deputa- service carrying a concealed firearm. violation of law, and has statutory powers of tions), and other measures designed to pro- (4) The number of qualified retired law en- arrest.’’. tect the attorneys and their families. forcement officers obtaining certification (b) RETIRED LAW ENFORCEMENT OFFICERS.— (3) The firearms deputation policies of the from a certified firearms instructor that is Section 926C of title 18, United States Code, Department of Justice, including the number qualified to conduct a firearms qualification is amended— of attorneys deputized and the time between test for active duty officers within that (1) in subsection (c)— receipt of threat and completion of the depu- State to have met the active duty standards (A) in paragraph (3)(A), by striking ‘‘was tation and training process. for qualification in firearms training as es- regularly employed as a law enforcement of- (4) For each requirement, measure, or pol- tablished by the State or, if the State has ficer for an aggregate of 15 years or more’’ icy described in paragraphs (1) through (3), not established such standards, standards set and inserting ‘‘served as a law enforcement when the requirement, measure, or policy by a law enforcement agency for training officer for an aggregate of 10 years or more’’; was developed and who was responsible for and qualification for active duty law en- (B) by striking paragraphs (4) and (5) and developing and implementing the require- forcement officers within that State, to inserting the following: ment, measure, or policy . carry a firearm of the same type as the con- ‘‘(4) during the most recent 12-month pe- (5) The programs that are made available cealed firearm. The report shall also include riod, has met, at the expense of the indi- to the attorneys for personal security train- detailed information on the differences be- vidual, the standards for qualification in ing, including training relating to limita- tween the certification requirements set firearms training for active law enforcement tions on public information disclosure, basic forth by each State and each law enforce- officers as set by the officer’s former agency, home security, firearms handling and safety, ment agency within that State authorized to the State in which the officer resides or a family safety, mail handling, counter-sur- issue certifications for concealed weapons law enforcement agency within the State in veillance, and self-defense tactics. under sections 926B and 926C of title 18, which the officer resides;’’; and (6) The measures that are taken to provide United States Code. (C) by redesignating paragraphs (6) and (7) attorneys handling prosecutions described in (5) A detailed analysis and comparison of as paragraphs (5) and (6), respectively; subsection (a) with secure parking facilities, the criteria used in each State or any polit- (2) in subsection (d)— and how priorities for such facilities are es- ical subdivision thereof to determine wheth- (A) in paragraph (1), by striking ‘‘to meet tablished— er an individual is qualified to carry a con- the standards established by the agency for (A) among Federal employees within the cealed weapon under section 926C(c)(5) of training and qualification for active law en- facility; title 18, United States Code. forcement officers to carry a firearm of the (B) among Department of Justice employ- (c) OPPORTUNITY FOR PUBLIC COMMENT.— same type as the concealed firearm; or’’ and ees within the facility; and The Comptroller General shall provide an op- inserting ‘‘to meet the active duty standards (C) among attorneys within the facility. portunity for public comment on the pro- for qualification in firearms training as es- (7) The frequency attorneys handling pros- posed scope and methodology for the report tablished by the agency to carry a firearm of ecutions described in subsection (a) are required by subsections (a) and (b), making the same type as the concealed firearm or’’; called upon to work beyond standard work such modifications in response to such com- and hours and the security measures provided to ments as he deems appropriate. (B) in paragraph (2)(B), by striking ‘‘other- protect attorneys at such times during trav- (d) REPORT.—Not later than 15 months wise found by the State to meet the stand- el between office and available parking fa- after the date of the enactment of this Act, ards established by the State for training cilities. the Comptroller General shall complete the and qualification for active law enforcement (8) With respect to attorneys who are li- study under this section and submit a report officers to carry a firearm of the same type censed under State laws to carry firearms, to the Committees on the Judiciary the Sen- as the concealed firearm.’’ and inserting the policy of the Department of Justice as ate and the Committee on the Judiciary of ‘‘otherwise found by the State or a certified to— the House of Representatives regarding the firearms instructor that is qualified to con- (A) carrying the firearm between available findings of the study. duct a firearms qualification test for active parking and office buildings; TITLE V—MISCELLANEOUS PROVISIONS duty officers within that State to have met— (B) securing the weapon at the office build- SEC. 501. EXPANDED PROCUREMENT AUTHORITY ‘‘(i) the active duty standards for qualifica- ings; and FOR THE UNITED STATES SEN- tion in firearms training as established by (C) equipment and training provided to fa- TENCING COMMISSION. the State to carry a firearm of the same type cilitate safe storage at Department of Jus- (a) IN GENERAL.—Section 995 of title 28, as the concealed firearm; or tice facilities. United States Code, is amended by adding at ‘‘(ii) if the State has not established such (9) The offices in the Department of Jus- the end the following: standards, standards set by a law enforce- tice that are responsible for ensuring the se- ‘‘(f) The Commission may— ment agency within that State to carry a curity of attorneys handling prosecutions de- ‘‘(1) use available funds to enter into con- firearm of the same type as the concealed scribed in subsection (a), the organization tracts for the acquisition of severable serv- firearm.’’; and and staffing of the offices, and the manner in ices for a period that begins in 1 fiscal year

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and ends in the next fiscal year, to the same (A) IN GENERAL.—In carrying out the pilot (E) has not escaped, or attempted to es- extent as executive agencies may enter into program under paragraph (1), the Director of cape, from the Bureau of Prisons facility; such contracts under the authority of sec- the Bureau of Prisons shall— and tion 303L of the Federal Property and Ad- (i) in the case of an offender who is deter- (F) has not been determined by the Direc- ministrative Services Act of 1949 (41 U.S.C. mined to be an eligible elderly offender on or tor, pursuant to the disciplinary system of 253l); before the date specified in subparagraph (B), the Bureau of Prisons, to have committed an ‘‘(2) enter into multi-year contracts for the place such offender on home detention not infraction involving an act of violence. acquisition of property or services to the later than 180 days after the date of the en- (2) HOME DETENTION.—The term ‘‘home de- same extent as executive agencies may enter actment of this Act; and tention’’ has the same meaning given the into such contracts under the authority of (ii) in the case of an offender who is deter- term in the Federal Sentencing Guidelines, section 304B of the Federal Property and Ad- mined to be an eligible elderly offender after and includes detention in a nursing home or ministrative Services Act of 1949 (41 U.S.C. the date specified in subparagraph (B) and other residential long-term care facility. 254c); and before the date that is 3 years and 91 days (3) TERM OF IMPRISONMENT.—The term ‘‘(3) make advance, partial, progress, or after the date of the enactment of this Act, ‘‘term of imprisonment’’ includes multiple other payments under contracts for property place such offender on home detention not terms of imprisonment ordered to run con- or services to the same extent as executive later than 90 days after the date of such de- secutively or concurrently, which shall be agencies may make such payments under the termination. treated as a single, aggregate term of impris- authority of section 305 of the Federal Prop- (B) DATE SPECIFIED.—For purposes of sub- onment for purposes of this section. erty and Administrative Services Act of 1949 paragraph (A), the date specified in this sub- (e) AUTHORIZATION OF APPROPRIATIONS.— (41 U.S.C. 255).’’. paragraph is the date that is 90 days after There are authorized to be appropriated to (b) SUNSET.—The amendment made by sub- the date of the enactment of this Act. carry out this section $5,000,000 for each of section (a) shall cease to have force and ef- (3) VIOLATION OF TERMS OF HOME DETEN- fiscal years 2007 and 2008. fect on September 30, 2010. TION.—A violation by an eligible elderly of- SEC. 502. BANKRUPTCY, MAGISTRATE, AND TER- fender of the terms of the home detention in- SA 5218. Mr. FRIST (for Mr. STE- RITORIAL JUDGES LIFE INSURANCE. volved, including the commission of another VENS) proposed an amendment to the (a) IN GENERAL.—Section 604(a)(5) of title Federal, State, or local crime, shall result in bill S. 2653, to direct the Federal Com- 28, United States Code, is amended by insert- the removal of the offender from home de- munications Commission to make ef- ing after ‘‘hold office during good behavior,’’ tention and the return of the offender to the forts to reduce telephone rates for the following: ‘‘bankruptcy judges appointed form of custody in which the offender was under section 152 of this title, magistrate imprisoned immediately before placement on Armed Forces personnel deployed over- judges appointed under section 631 of this home detention under paragraph (1). seas; as follows: title, and territorial district court judges ap- (b) SCOPE OF PILOT PROGRAM.— At the appropriate place, insert the fol- pointed under section 24 of the Organic Act (1) PARTICIPATING DESIGNATED FACILITIES.— lowing: of Guam (48 U.S.C. 1424b), section 1(b) of the The pilot program under subsection (a) shall SEC. PUBLIC SAFETY INTEROPERABLE COMMU- Act of November 8, 1877 (48 U.S.C. 1821), or be conducted through at least 1 Federal fa- NICATIONS GRANTS. section 24(a) of the Revised Organic Act of cility designated by the Director of the Bu- Pursuant to section 3006 of Public Law 109– the Virgin Islands (48 U.S.C. 1614(a)),’’. reau of Prisons as appropriate for the pilot 171 (47 U.S.C. 309 note), the Assistant Sec- (b) EFFECTIVE DATE.—The amendment program. retary for Communications and Information made by subsection (a) shall apply with re- (2) DURATION.—The pilot program shall be of the Department of Commerce, in consulta- spect to any payment made on or after the conducted during each of fiscal years 2007 tion with the Secretary of the Department of first day of the first applicable pay period be- and 2008. Homeland Security, shall award no less than ginning on or after the date of enactment of (c) PROGRAM EVALUATION.— $1,000,000,000 for public safety interoperable this Act. (1) IN GENERAL.—The Director of the Bu- communications grants no later than Sep- SEC. 503. ASSIGNMENT OF JUDGES. reau of Prisons shall contract with an inde- tember 30, 2007 subject to the receipt of Section 296 of title 28, United States Code, pendent organization to monitor and evalu- qualified applications as determined by the is amended by inserting at the end of the ate the progress of each eligible elderly of- Assistant Secretary. second undesignated paragraph the following fender placed on home detention under sub- new sentence: ‘‘However, a judge who has re- section (a)(1) for the period such offender is SA 5219. Mr. FRIST (for Mr. ENZI) tired from regular active service under sec- on home detention during the duration de- proposed an amendment to the bill tion 371(b) of this title, when designated and scribed in subsection (b)(2). H.R. 864, to provide for programs and assigned to the court to which such judge (2) ANNUAL REPORT.—The organization de- activities with respect to the preven- was appointed, shall have all the powers of a scribed in paragraph (1) shall annually sub- tion of underage drinking; as follows: judge of that court, including participation mit to the Director and to Congress a report in appointment of court officers and mag- on the pilot program under subsection (a)(1), Strike all after the enacting clause and in- istrates, rulemaking, governance, and ad- which shall include— sert the following: ministrative matters.’’. (A) an evaluation of the effectiveness of SECTION 1. SHORT TITLE. SEC. 504. SENIOR JUDGE PARTICIPATION IN THE the pilot program in providing a successful This Act may be cited as the ‘‘Sober Truth SELECTION OF MAGITRATES. transition to eligible elderly offenders from on Preventing Underage Drinking Act’’ or Section 631(a) of title 28, United States incarceration to the community, including the ‘‘STOP Act’’. Code, is amended by striking ‘‘Northern Mar- data relating to the recidivism rates for SEC. 2. AMENDMENT TO THE PUBLIC HEALTH iana Islands’’ the first place it appears and those offenders; and SERVICE ACT. inserting ‘‘Northern Mariana Islands (includ- (B) the cost savings to the Federal Govern- Section 519B of the Public Health Service ing any judge in regular active service and ment resulting from the early removal of Act (42 U.S.C. 290bb-25b) is amended by strik- any judge who has retired from regular ac- such offenders from incarceration. ing subsections (a) through (f) and inserting tive service under section 371(b) of this title, (3) PROGRAM ADJUSTMENTS.—Upon review the following: when designated and assigned to the court to of the report submitted under paragraph (2), ‘‘(a) DEFINITIONS.—For purposes of this sec- which such judge was appointed)’’. the Director shall submit recommendations tion: SEC. 505. REAUTHORIZATION OF THE ETHICS IN to Congress for adjustments to the pilot pro- ‘‘(1) The term ‘alcohol beverage industry’ GOVERNMENT ACT. gram, including, its expansion to additional means the brewers, vintners, distillers, im- Section 405 of the Ethics in Government facilities. porters, distributors, and retail or online Act of 1978 (5 U.S.C. App.) is amended by (d) DEFINITIONS.—In this section: outlets that sell or serve beer, wine, and dis- striking ‘‘2006’’ and inserting ‘‘2011’’. (1) ELIGIBLE ELDERLY OFFENDER.—The term tilled spirits. SEC. 506. ELDERLY NONVIOLENT OFFENDER ‘‘eligible elderly offender’’ means an offender ‘‘(2) The term ‘school-based prevention’ PILOT PROGRAM. in the custody of the Bureau of Prisons means programs, which are institutionalized, (a) PROGRAM ESTABLISHED.— who— and run by staff members or school-des- (1) IN GENERAL.—Notwithstanding section (A) is not less than 60 years of age; ignated persons or organizations in any 3624 of title 18, United States Code, or any (B) is serving a term of imprisonment after grade of school, kindergarten through 12th other provision of law, the Director of the conviction for an offense other than a crime grade. Bureau of Prisons shall conduct a pilot proof violence and has served the greater of 10 ‘‘(3) The term ‘youth’ means persons under gram to determine the effectiveness of re- years or 1⁄2 of the term of imprisonment; the age of 21. moving each eligible elderly offender from a (C) has not been convicted in the past of ‘‘(4) The term ‘IOM report’ means the re- Bureau of Prison facility and placing such any Federal or State crime of violence; port released in September 2003 by the Na- offender on home detention until the date on (D) has not been determined by the Bureau tional Research Council, Institute of Medi- which the term of imprisonment to which of Prisons, on the basis of information the cine, and entitled ‘Reducing Underage Drink- the offender was sentenced expires. Bureau uses to make custody classifications, ing: A Collective Responsibility’. (2) TIMING OF PLACEMENT IN HOME DETEN- and in the sole discretion of the Bureau, to ‘‘(b) SENSE OF CONGRESS.—It is the sense of TION.— have a history of violence; the Congress that:

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‘‘(1) A multi-faceted effort is needed to Services Administration, the Director of the ‘‘(B) STATE PERFORMANCE MEASURES.— more successfully address the problem of un- National Institute on Drug Abuse, the As- ‘‘(i) IN GENERAL.—The Secretary shall de- derage drinking in the United States. A co- sistant Secretary for Children and Families, velop, in consultation with the Committee, a ordinated approach to prevention, interven- the Director of the Office of National Drug set of measures to be used in preparing the tion, treatment, enforcement, and research Control Policy, the Administrator of the Na- report on best practices. is key to making progress. This Act recog- tional Highway Traffic Safety Administra- ‘‘(ii) CATEGORIES.—In developing these nizes the need for a focused national effort, tion, the Administrator of the Office of Juve- measures, the Secretary shall consider cat- and addresses particulars of the Federal por- nile Justice and Delinquency Prevention, the egories including, but not limited to: tion of that effort, as well as Federal support Chairman of the Federal Trade Commission, ‘‘(I) Whether or not the State has com- for State activities. and such other Federal officials as the Sec- prehensive anti-underage drinking laws such ‘‘(2) The Secretary of Health and Human retary of Health and Human Services deter- as for the illegal sale, purchase, attempt to Services shall continue to conduct research mines to be appropriate. purchase, consumption, or possession of alco- and collect data on the short and long-range ‘‘(C) CHAIR.—The Secretary of Health and hol; illegal use of fraudulent ID; illegal fur- impact of alcohol use and abuse upon adoles- Human Services shall serve as the chair of nishing or obtaining of alcohol for an indi- cent brain development and other organ sys- the Committee. vidual under 21 years; the degree of strict- tems. ‘‘(D) DUTIES.—The Committee shall guide ness of the penalties for such offenses; and ‘‘(3) States and communities, including policy and program development across the the prevalence of the enforcement of each of colleges and universities, are encouraged to Federal Government with respect to under- these infractions. adopt comprehensive prevention approaches, age drinking, provided, however, that noth- ‘‘(II) Whether or not the State has com- including— ing in this section shall be construed as prehensive liability statutes pertaining to ‘‘(A) evidence-based screening, programs transferring regulatory or program author- underage access to alcohol such as dram and curricula; ity from an Agency to the Coordinating shop, social host, and house party laws, and ‘‘(B) brief intervention strategies; Committee. the prevalence of enforcement of each of ‘‘(C) consistent policy enforcement; and ‘‘(E) CONSULTATIONS.—The Committee these laws. ‘‘(D) environmental changes that limit un- shall actively seek the input of and shall ‘‘(III) Whether or not the State encourages derage access to alcohol. consult with all appropriate and interested and conducts comprehensive enforcement ef- ‘‘(4) Public health groups, consumer parties, including States, public health re- forts to prevent underage access to alcohol groups, and the alcohol beverage industry search and interest groups, foundations, and at retail outlets, such as random compliance should continue and expand evidence-based alcohol beverage industry trade associations checks and shoulder tap programs, and the efforts to prevent and reduce underage and companies. number of compliance checks within alcohol drinking. ‘‘(F) ANNUAL REPORT.— retail outlets measured against the number ‘‘(5) The entertainment industries have a ‘‘(i) IN GENERAL.—The Secretary, on behalf of total alcohol retail outlets in each State, powerful impact on youth, and they should of the Committee, shall annually submit to and the result of such checks. use rating systems and marketing codes to the Congress a report that summarizes— ‘‘(IV) Whether or not the State encourages reduce the likelihood that underage audi- ‘‘(I) all programs and policies of Federal training on the proper selling and serving of agencies designed to prevent and reduce un- ences will be exposed to movies, recordings, alcohol for all sellers and servers of alcohol or television programs with unsuitable alco- derage drinking; as a condition of employment. hol content. ‘‘(II) the extent of progress in preventing ‘‘(V) Whether or not the State has policies ‘‘(6) The National Collegiate Athletic Asso- and reducing underage drinking nationally; and regulations with regard to direct sales to ciation, its member colleges and univer- ‘‘(III) data that the Secretary shall collect consumers and home delivery of alcoholic sities, and athletic conferences should affirm with respect to the information specified in beverages. a commitment to a policy of discouraging al- clause (ii); and ‘‘(VI) Whether or not the State has pro- cohol use among underage students and ‘‘(IV) such other information regarding un- grams or laws to deter adults from pur- other young fans. derage drinking as the Secretary determines chasing alcohol for minors; and the number ‘‘(7) Alcohol is a unique product and should to be appropriate. of adults targeted by these programs. be regulated differently than other products ‘‘(ii) CERTAIN INFORMATION.—The report by the States and Federal Government. under clause (i) shall include information on ‘‘(VII) Whether or not the State has pro- States have primary authority to regulate the following: grams targeted to youths, parents, and care- alcohol distribution and sale, and the Fed- ‘‘(I) Patterns and consequences of underage givers to deter underage drinking; and the eral Government should support and supple- drinking as reported in research and surveys number of individuals served by these pro- ment these State efforts. States also have a such as, but not limited to Monitoring the grams. responsibility to fight youth access to alco- Future, Youth Risk Behavior Surveillance ‘‘(VIII) Whether or not the State has en- hol and reduce underage drinking. Continued System, the National Survey on Drug Use acted graduated drivers licenses and the ex- State regulation and licensing of the manu- and Health, and the Fatality Analysis Re- tent of those provisions. facture, importation, sale, distribution, porting System. ‘‘(IX) The amount that the State invests, transportation and storage of alcoholic bev- ‘‘(II) Measures of the availability of alco- per youth capita, on the prevention of under- erages are clearly in the public interest and hol from commercial and non-commercial age drinking, further broken down by the are critical to promoting responsible con- sources to underage populations. amount spent on— sumption, preventing illegal access to alco- ‘‘(III) Measures of the exposure of underage ‘‘(aa) compliance check programs in retail hol by persons under 21 years of age from populations to messages regarding alcohol in outlets, including providing technology to commercial and non-commercial sources, advertising and the entertainment media as prevent and detect the use of false identifica- maintaining industry integrity and an or- reported by the Federal Trade Commission. tion by minors to make alcohol purchases; derly marketplace, and furthering effective ‘‘(IV) Surveillance data, including informa- ‘‘(bb) checkpoints and saturation patrols State tax collection. tion on the onset and prevalence of underage that include the goal of reducing and deter- ‘‘(c) INTERAGENCY COORDINATING COM- drinking, consumption patterns and the ring underage drinking; MITTEE; ANNUAL REPORT ON STATE UNDERAGE means of underage access. The Secretary ‘‘(cc) community-based, school-based, and DRINKING PREVENTION AND ENFORCEMENT AC- shall develop a plan to improve the collec- higher-education-based programs to prevent TIVITIES.— tion, measurement and consistency of re- underage drinking; ‘‘(1) INTERAGENCY COORDINATING COMMITTEE porting Federal underage alcohol data. ‘‘(dd) underage drinking prevention pro- ON THE PREVENTION OF UNDERAGE DRINKING.— ‘‘(V) Any additional findings resulting grams that target youth within the juvenile ‘‘(A) IN GENERAL.—The Secretary, in col- from research conducted or supported under justice and child welfare systems; and laboration with the Federal officials speci- subsection (f). ‘‘(ee) other State efforts or programs as fied in subparagraph (B), shall formally es- ‘‘(VI) Evidence-based best practices to pre- deemed appropriate. tablish and enhance the efforts of the inter- vent and reduce underage drinking and pro- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— agency coordinating committee, that began vide treatment services to those youth who There are authorized to be appropriated to operating in 2004, focusing on underage need them. carry out this subsection $1,000,000 for fiscal drinking (referred to in this subsection as ‘‘(2) ANNUAL REPORT ON STATE UNDERAGE year 2007, and $1,000,000 for each of the fiscal the ‘Committee’). DRINKING PREVENTION AND ENFORCEMENT AC- years 2008 through 2010. ‘‘(B) OTHER AGENCIES.—The officials re- TIVITIES.— ‘‘(d) NATIONAL MEDIA CAMPAIGN TO PRE- ferred to in paragraph (1) are the Secretary ‘‘(A) IN GENERAL.—The Secretary shall, VENT UNDERAGE DRINKING.— of Education, the Attorney General, the Sec- with input and collaboration from other ap- ‘‘(1) SCOPE OF THE CAMPAIGN.—The Sec- retary of Transportation, the Secretary of propriate Federal agencies, States, Indian retary shall continue to fund and oversee the the Treasury, the Secretary of Defense, the tribes, territories, and public health, con- production, broadcasting, and evaluation of Surgeon General, the Director of the Centers sumer, and alcohol beverage industry groups, the national adult-oriented media public for Disease Control and Prevention, the Di- annually issue a report on each State’s per- service campaign if the Secretary deter- rector of the National Institute on Alcohol formance in enacting, enforcing, and cre- mines that such campaign is effective in Abuse and Alcoholism, the Administrator of ating laws, regulations, and programs to pre- achieving the media campaign’s measurable the Substance Abuse and Mental Health vent or reduce underage drinking. objectives.

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‘‘(2) REPORT.—The Secretary shall provide shall use the grant funds to carry out the ac- ‘‘(D) ACCOUNTABILITY.—On the date on a report to the Congress annually detailing tivities described in such entity’s applica- which the Secretary first publishes a notice the production, broadcasting, and evaluation tion submitted pursuant to subparagraph in the Federal Register soliciting applica- of the campaign referred to in paragraph (1), (C). Grants under this paragraph shall not tions for grants under this paragraph, the and to detail in the report the effectiveness exceed $50,000 per year and may not exceed Secretary shall include in the notice of the campaign in reducing underage drink- four years. achievement indicators for the program au- ing, the need for and likely effectiveness of ‘‘(E) SUPPLEMENT NOT SUPPLANT.—Grant thorized under this paragraph. The achieve- an expanded adult-oriented media campaign, funds provided under this paragraph shall be ment indicators shall be designed— and the feasibility and the likely effective- used to supplement, not supplant, Federal ‘‘(i) to measure the impact that the state- ness of a national youth-focused media cam- and non-Federal funds available for carrying wide coalitions assisted under this paragraph paign to combat underage drinking. out the activities described in this para- are having on the institutions of higher edu- ‘‘(3) CONSULTATION REQUIREMENT.—In car- graph. cation and the surrounding communities, in- rying out the media campaign, the Secretary ‘‘(F) EVALUATION.—Grants under this para- cluding changes in the number of incidents shall direct the entity carrying out the na- graph shall be subject to the same evalua- of any kind in which students have abused tional adult-oriented media public service tion requirements and procedures as the alcohol or consumed alcohol while under the campaign to consult with interested parties evaluation requirements and procedures image of 21 (including violations, physical as- including both the alcohol beverage industry posed on recipients of drug free community saults, sexual assaults, reports of intimida- and public health and consumer groups. The grants. tion, disruptions of school functions, disrup- progress of this consultative process is to be tions of student studies, mental health refer- ‘‘(G) DEFINITIONS.—For purposes of this covered in the report under paragraph (2). rals, illnesses, or deaths); paragraph, the term ‘eligible entity’ means ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) to measure the quality and accessi- an organization that is currently receiving There are authorized to be appropriated to bility of the programs or information offered or has received grant funds under the Drug- carry out this subsection, $1,000,000 for fiscal by the eligible entity; and Free Communities Act of 1997 (21 U.S.C. 1521 year 2007 and $1,000,000 for each of the fiscal ‘‘(iii) to provide such other measures of et seq.). years 2008 through 2010. program impact as the Secretary determines ‘‘(H) ADMINISTRATIVE EXPENSES.—Not more ‘‘(e) INTERVENTIONS.— appropriate. than 6 percent of a grant under this para- ‘‘(1) COMMUNITY-BASED COALITION ENHANCE- ‘‘(E) SUPPLEMENT NOT SUPPLANT.—Grant MENT GRANTS TO PREVENT UNDERAGE DRINK- graph may be expended for administrative funds provided under this paragraph shall be ING.— expenses. used to supplement, and not supplant, Fed- ‘‘(A) AUTHORIZATION OF PROGRAM.—The Ad- ‘‘(I) AUTHORIZATION OF APPROPRIATIONS.— eral and non-Federal funds available for car- ministrator of the Substance Abuse and There are authorized to be appropriated to rying out the activities described in this Mental Health Services Administration, in carry out this paragraph $5,000,000 for fiscal paragraph. consultation with the Director of the Office year 2007, and $5,000,000 for each of the fiscal ‘‘(F) DEFINITIONS.—For purposes of this of National Drug Control Policy, shall years 2008 through 2010. paragraph: award, if the Administrator determines that ‘‘(2) GRANTS DIRECTED AT PREVENTING AND ‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible the Department of Health and Human Serv- REDUCING ALCOHOL ABUSE AT INSTITUTIONS OF entity’ means a State, institution of higher ices is not currently conducting activities HIGHER EDUCATION.— education, or nonprofit entity. that duplicate activities of the type de- ‘‘(A) AUTHORIZATION OF PROGRAM.—The ‘‘(ii) INSTITUTION OF HIGHER EDUCATION.— scribed in this subsection, ‘enhancement Secretary shall award grants to eligible enti- The term ‘institution of higher education’ grants’ to eligible entities to design, test, ties to enable the entities to prevent and re- has the meaning given the term in section evaluate and disseminate effective strategies duce the rate of underage alcohol consump- 101(a) of the Higher Education Act of 1965 (20 to maximize the effectiveness of community- tion including binge drinking among stu- U.S.C. 1001(a)). wide approaches to preventing and reducing dents at institutions of higher education. ‘‘(iii) SECRETARY.—The term ‘Secretary’ underage drinking. This subsection is subject ‘‘(B) APPLICATIONS.—An eligible entity means the Secretary of Education. to the availability of appropriations. that desires to receive a grant under this ‘‘(iv) STATE.—The term ‘State’ means each ‘‘(B) PURPOSES.—The purposes of this para- paragraph shall submit an application to the of the 50 States, the District of Columbia, graph are to— Secretary at such time, in such manner, and and the Commonwealth of Puerto Rico. ‘‘(i) prevent and reduce alcohol use among accompanied by such information as the Sec- ‘‘(v) STATEWIDE COALITION.—The term youth in communities throughout the retary may require. Each application shall ‘statewide coalition’ means a coalition United States; include— that— ‘‘(ii) strengthen collaboration among com- ‘‘(i) a description of how the eligible entity ‘‘(I) includes, but is not limited to— munities, the Federal Government, and will work to enhance an existing, or where ‘‘(aa) institutions of higher education State, local, and tribal governments; none exists to build a, statewide coalition; within a State; and ‘‘(iii) enhance intergovernmental coopera- ‘‘(ii) a description of how the eligible enti- ‘‘(bb) a nonprofit group, a community un- tion and coordination on the issue of alcohol ty will target underage students in the derage drinking prevention coalition, or an- use among youth; State; other substance abuse prevention group ‘‘(iv) serve as a catalyst for increased cit- ‘‘(iii) a description of how the eligible enti- within a State; and izen participation and greater collaboration ty intends to ensure that the statewide coa- ‘‘(II) works toward lowering the alcohol among all sectors and organizations of a lition is actually implementing the purpose abuse rate by targeting underage students at community that first demonstrates a long- of this section and moving toward indicators institutions of higher education throughout term commitment to reducing alcohol use described in subparagraph (D); the State and in the surrounding commu- among youth; ‘‘(iv) a list of the members of the statewide nities. ‘‘(v) disseminate to communities timely coalition or interested parties involved in ‘‘(vi) SURROUNDING COMMUNITY.—The term information regarding state-of-the-art prac- the work of the eligible entity; ‘surrounding community’ means the commu- tices and initiatives that have proven to be ‘‘(v) a description of how the eligible entity nity— effective in preventing and reducing alcohol intends to work with State agencies on sub- ‘‘(I) that surrounds an institution of higher use among youth; and stance abuse prevention and education; education participating in a statewide coali- ‘‘(vi) enhance, not supplant, effective local ‘‘(vi) the anticipated impact of funds pro- tion; community initiatives for preventing and re- vided under this paragraph in preventing and ‘‘(II) where the students from the institu- ducing alcohol use among youth. reducing the rates of underage alcohol use; tion of higher education take part in the ‘‘(C) APPLICATION.—An eligible entity de- ‘‘(vii) outreach strategies, including ways community; and siring an enhancement grant under this in which the eligible entity proposes to— ‘‘(III) where students from the institution paragraph shall submit an application to the ‘‘(I) reach out to students and community of higher education live in off-campus hous- Administrator at such time, and in such stakeholders; ing. manner, and accompanied by such informa- ‘‘(II) promote the purpose of this para- ‘‘(G) ADMINISTRATIVE EXPENSES.—Not more tion as the Administrator may require. Each graph; than 5 percent of a grant under this para- application shall include— ‘‘(III) address the range of needs of the stu- graph may be expended for administrative ‘‘(i) a complete description of the entity’s dents and the surrounding communities; and expenses. current underage alcohol use prevention ini- ‘‘(IV) address community norms for under- ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— tiatives and how the grant will appropriately age students regarding alcohol use; and There are authorized to be appropriated to enhance the focus on underage drinking ‘‘(viii) such additional information as re- carry out this paragraph $5,000,000 for fiscal issues; or quired by the Secretary. year 2007, and $5,000,000 for each of the fiscal ‘‘(ii) a complete description of the entity’s ‘‘(C) USES OF FUNDS.—Each eligible entity years 2008 through 2010. current initiatives, and how it will use this that receives a grant under this paragraph ‘‘(f) ADDITIONAL RESEARCH.— grant to enhance those initiatives by adding shall use the grant funds to carry out the ac- ‘‘(1) ADDITIONAL RESEARCH ON UNDERAGE a focus on underage drinking prevention. tivities described in such entity’s applica- DRINKING.— ‘‘(D) USES OF FUNDS.—Each eligible entity tion submitted pursuant to subparagraph ‘‘(A) IN GENERAL.—The Secretary shall, that receives a grant under this paragraph (B). subject to the availability of appropriations,

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collect data, and conduct or support research ‘‘(2) ALASKA NANUUQ COMMISSION.—The this subsection to enforce this title or the that is not duplicative of research currently term ‘‘Alaska Nanuuq Commission’’ means Agreement shall have the authorities that being conducted or supported by the Depart- the Alaska Native entity, in existence on the are enumerated in section 6(b) of the Lacey ment of Health and Human Services, on un- date of enactment of the United States-Rus- Act Amendments of 1981 (16 U.S.C. 3375(b)). derage drinking, with respect to the fol- sia Polar Bear Conservation and Manage- ‘‘(c) ENSURING COMPLIANCE.— lowing: ment Act of 2006, that represents all villages ‘‘(1) TITLE I AUTHORITIES.—The Secretary ‘‘(i) Comprehensive community-based pro- in the State of Alaska that engage in the an- may use authorities granted under title I for grams or strategies and statewide systems to nual subsistence taking of polar bears from enforcement, imposition of penalties, and prevent and reduce underage drinking, the Alaska-Chukotka population and any the seizure of cargo for violations under this across the underage years from early child- successor entity. title, provided that any polar bear or any hood to age 21, including programs funded ‘‘(3) IMPORT.—The term ‘‘import’’ means to part or product of a polar bear taken, im- and implemented by government entities, land on, bring into, or introduce into, or at- ported, exported, possessed, transported, public health interest groups and founda- tempt to land on, bring into, or introduce sold, received, acquired, purchased, ex- tions, and alcohol beverage companies and into, any place subject to the jurisdiction of changed, or bartered, or offered for sale, pur- trade associations. the United States, without regard to whether chase, exchange, or barter in violation of ‘‘(ii) Annually obtain and report more pre- the landing, bringing, or introduction con- this title, shall be subject to seizure and for- cise information than is currently collected stitutes an importation within the meaning feiture to the United States without any on the scope of the underage drinking prob- of the customs laws of the United States. showing that may be required for assessment lem and patterns of underage alcohol con- ‘‘(4) POLAR BEAR PART OR PRODUCT.—The of a civil penalty or for criminal prosecution sumption, including improved knowledge term ‘‘part or product of a polar bear’’ means under this Act. about the problem and progress in pre- any polar bear part or product, including the ‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, venting, reducing and treating underage gall bile and gall bladder. trap, net, or other equipment used, and any drinking; as well as information on the rate ‘‘(5) SECRETARY.—The term ‘‘Secretary’’ vessel, aircraft, or other means of transpor- of exposure of youth to advertising and other means the Secretary of the Interior. tation used, to aid in the violation or at- media messages encouraging and discour- ‘‘(6) TAKING.—The term ‘‘taking’’ has the tempted violation of this title shall be sub- aging alcohol consumption. meaning given the term in the Agreement. ject to seizure and forfeiture under section ‘‘(iii) Compiling information on the in- ‘‘(7) COMMISSION.—The term ‘‘Commission’’ 106. volvement of alcohol in unnatural deaths of means the commission established under ar- ‘‘(d) REGULATIONS.— persons ages 12 to 20 in the United States, in- ticle 8 of the Agreement. ‘‘(1) IN GENERAL.—The Secretary shall pro- cluding suicides, homicides, and uninten- ‘‘SEC. 502. PROHIBITIONS. mulgate such regulations as are necessary to tional injuries such as falls, drownings, ‘‘(a) IN GENERAL.—It is unlawful for any carry out this title and the Agreement. burns, poisonings, and motor vehicle crash person who is subject to the jurisdiction of ‘‘(2) ORDINANCES AND REGULATIONS.—If nec- deaths. the United States or any person in waters or essary to carry out this title and the Agree- ‘‘(B) CERTAIN MATTERS.—The Secretary on lands under the jurisdiction of the United ment, and to improve compliance with any shall carry out activities toward the fol- States— annual taking limit or other restriction on lowing objectives with respect to underage ‘‘(1) to take any polar bear in violation of taking adopted by the Commission and im- drinking: the Agreement; plemented by the Secretary in accordance ‘‘(i) Obtaining new epidemiological data ‘‘(2) to take any polar bear in violation of with this title, the Secretary may promul- within the national or targeted surveys that the Agreement or any annual taking limit or gate regulations that adopt any ordinance or identify alcohol use and attitudes about al- other restriction on the taking of polar bears regulation that restricts the taking of polar cohol use during pre- and early adolescence, that is adopted by the Commission pursuant bears for subsistence purposes if the ordi- including harm caused to self or others as a to the Agreement; nance or regulation has been promulgated by result of adolescent alcohol use such as vio- ‘‘(3) to import, export, possess, transport, the Alaska Nanuuq Commission. lence, date rape, risky sexual behavior, and sell, receive, acquire, or purchase, exchange, ‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREE- prenatal alcohol exposure. barter, or offer to sell, purchase, exchange, MENT; AUTHORITY TO DELEGATE ‘‘(ii) Developing or identifying successful or barter any polar bear, or any part or prod- ENFORCEMENT AUTHORITY. clinical treatments for youth with alcohol uct of a polar bear, that is taken in violation ‘‘(a) IN GENERAL.—The Secretary, acting problems. of paragraph (2); through the Director of the United States Fish and Wildlife Service, may share author- ‘‘(C) PEER REVIEW.—Research under sub- ‘‘(4) to import, export, sell, purchase, ex- paragraph (A) shall meet current Federal change, barter, or offer to sell, purchase, ex- ity under this title for the management of the taking of polar bears for subsistence pur- standards for scientific peer review. change, or barter, any polar bear gall bile or poses with the Alaska Nanuuq Commission if ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— polar bear gall bladder; such commission is eligible under subsection There are authorized to be appropriated to ‘‘(5) to attempt to commit, solicit another (b). carry out this subsection $6,000,000 for fiscal person to commit, or cause to be committed, ‘‘(b) DELEGATION.—To be eligible for the year 2007, and $6,000,000 for each of the fiscal any offense under this subsection; or management authority described in sub- years 2008 through 2010.’’. ‘‘(6) to violate any regulation promulgated by the Secretary to implement any of the section (a), the Alaska Nanuuq Commission prohibitions established in this subsection. shall— SA 5220. Mr. FRIST (for Mr. STE- ‘‘(b) EXCEPTIONS.—For the purpose of fo- ‘‘(1) enter into a cooperative agreement VENS) proposed an amendment to the rensic testing or any other law enforcement with the Secretary under section 119 for the bill H.R. 4075, to amend the Marine purpose, the Secretary, and Federal law en- conservation of polar bears; Mammal Protection Act of 1972 to pro- forcement officials, and any State or local ‘‘(2) meaningfully monitor compliance vide for better understanding and pro- law enforcement official authorized by the with this title and the Agreement by Alaska tection of marine mammals, and for Secretary, may import a polar bear or any Natives; and ‘‘(3) administer its co-management pro- other purposes; as follows: part or product of a polar bear. ‘‘SEC. 503. ADMINISTRATION. gram for polar bears in accordance with— SECTION 1. SHORT TITLE. ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(A) this title; and This Act may be cited as the ‘‘United through the Director of the United States ‘‘(B) the Agreement. States-Russia Polar Bear Conservation and Fish and Wildlife Service, shall do all things ‘‘SEC. 505. COMMISSION APPOINTMENTS; COM- Management Act of 2006’’. necessary and appropriate, including the pro- PENSATION, TRAVEL EXPENSES, AND CLAIMS. SEC. 2. AMENDMENT OF MARINE MAMMAL PRO- mulgation of regulations, to implement, en- TECTION ACT OF 1972. force, and administer the provisions of the ‘‘(a) APPOINTMENT OF U.S. COMMIS- SIONERS.— (a) IN GENERAL.—The Marine Mammal Pro- Agreement on behalf of the United States. tection Act of 1972 (16 U.S.C. 1361 et seq.) is The Secretary shall consult with the Sec- ‘‘(1) APPOINTMENT.—The United States amended by adding at the end thereof the retary of State and the Alaska Nanuuq Com- commissioners on the Commission shall be following: mission on matters involving the implemen- appointed by the President, in accordance tation of the Agreement. with paragraph 2 of article 8 of the Agree- ‘‘TITLE V—POLAR BEARS ‘‘(b) UTILIZATION OF OTHER GOVERNMENT ment, after taking into consideration the ‘‘SEC. 501. DEFINITIONS. RESOURCES AND AUTHORITIES.— recommendations of— ‘‘In this title: ‘‘(1) OTHER GOVERNMENT RESOURCES.—The ‘‘(A) the Secretary; ‘‘(1) AGREEMENT.—The term ‘‘Agreement’’ Secretary may utilize by agreement, with or ‘‘(B) the Secretary of State; and means the Agreement Between the Govern- without reimbursement, the personnel, serv- ‘‘(C) the Alaska Nanuuq Commission. ment of the United States of America and ices, and facilities of any other Federal agen- ‘‘(2) QUALIFICATIONS.—With respect to the the Government of the Russian Federation cy, any State agency, or the Alaska Nanuuq United States commissioners appointed on the Conservation and Management of the Commission for purposes of carrying out this under this subsection, in accordance with Alaska-Chukotka Polar Bear Population, title or the Agreement. paragraph 2 of article 8 of the Agreement— signed at Washington, D.C., on October 16, ‘‘(2) OTHER POWERS AND AUTHORITIES.—Any ‘‘(A) 1 United States commissioner shall be 2000. person authorized by the Secretary under an official of the Federal Government;

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.127 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11371 ‘‘(B) 1 United States commissioner shall be striction on the taking of polar bears for tended to be proposed by him to the a representative of the Native people of Alas- subsistence purposes, the Secretary shall bill H.R. 4388, to amend the Internal ka, and, in particular, the Native people for publish a notice in the Federal Register an- Revenue Code of 1986 to extend certain whom polar bears are an integral part of nouncing the determination or restriction. expiring provisions, and for other pur- their culture; and ‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF ‘‘(C) both commissioners shall be knowl- ACT. poses; which was ordered to lie on the edgeable of, or have expertise in, polar bears. ‘‘(a) IN GENERAL.—The authority of the table; as follows: ‘‘(3) SERVICE AND TERM.—Each United Secretary under this title is in addition to, At the appropriate place, insert the fol- States commissioner shall serve— and shall not affect— lowing: ‘‘(A) at the pleasure of the President; and ‘‘(1) the authority of the Secretary under ‘‘(B) for an initial 4-year term and such ad- SEC. ll. FUNDING SOURCE FOR RURAL the other titles of this Act or the Lacey Act SCHOOLS AND COMMUNITIES PAY- ditional terms as the President shall deter- Amendments of 1981 (16 U.S.C. 3371 et seq.) or MENTS. mine. the exemption for Alaskan natives under sec- (a) RURAL SCHOOLS AND COMMUNITIES ‘‘(4) VACANCIES.— tion 101(b) of this Act as applied to other ma- TRUST FUND.— ‘‘(A) IN GENERAL.—Any individual ap- rine mammal populations; or (1) IN GENERAL.—Subchapter A of chapter pointed to fill a vacancy occurring before the ‘‘(2) the authorities provided under title II 98 of the Internal Revenue Code of 1986 is expiration of any term of office of a United of this Act. amended by adding at the end the following States commissioner shall be appointed for ‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.— new section: the remainder of that term. The provisions of titles I through IV of this ‘‘(B) MANNER.—Any vacancy on the Com- Act do not apply with respect to the imple- ‘‘SEC. 9511. RURAL SCHOOLS AND COMMUNITIES mission shall be filled in the same manner as mentation or administration of this title, ex- TRUST FUND. the original appointment. cept as specified in section 503. ‘‘(a) CREATION OF TRUST FUND.—There is ‘‘(b) ALTERNATE COMMISSIONERS.— ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. established in the Treasury of the United ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(a) IN GENERAL.—There are authorized to States a trust fund to be known as the ‘Rural sultation with the Secretary of State and be appropriated to the Secretary to carry Schools and Communities Trust Fund’, con- the Alaska Nanuuq Commission, shall des- out the functions and responsibilities of the sisting of such amounts as may be appro- ignate an alternate commissioner for each Secretary under this title and the Agree- priated or credited to such Trust Fund as member of the United States section. ment $1,000,000 for each of fiscal years 2006 provided in this section or section 9602(b). ‘‘(2) DUTIES.—In the absence of a United through 2010. ‘‘(b) TRANSFERS TO TRUST FUND.—There States commissioner, an alternate commis- ‘‘(b) COMMISSION.—There are authorized to are hereby appropriated to the Rural Schools sioner may exercise all functions of the be appropriated to the Secretary to carry and Communities Trust Fund amounts United States commissioner at any meetings out functions and responsibilities of the equivalent to the amounts estimated by the of the Commission or of the United States United States Section $150,000 for each of fis- Secretary by which Federal revenues are in- section. cal years 2006 through 2010. creased, before January 1, 2011, as a result of ‘‘(3) REAPPOINTMENT.—An alternate com- ‘‘(c) ALASKAN COOPERATIVE MANAGEMENT the provisions of section 3402(t). missioner— PROGRAM.—There are authorized to be appro- ‘‘(c) EXPENDITURES FROM TRUST FUND.— ‘‘(A) shall be eligible for reappointment by priated to the Secretary to carry out this Amounts in the Rural Schools and Commu- the President; and title and the Agreement in Alaska $150,000 nities Trust Fund shall be available only ‘‘(B) may attend all meetings of the United for each of fiscal years 2006 through 2010.’’. for— States section. (b) CLERICAL AMENDMENT.—The table of ‘‘(1) payments to eligible States under sec- ‘‘(c) DUTIES.—The members of the United contents in the first section of the Marine tion 102(a)(2) of the Secure Rural Schools and States section may carry out the functions Mammal Protection Act of 1972 (16 U.S.C. and responsibilities described in article 8 of Community Self-Determination Act of 2000; 1361 et seq.) is amended by adding at the end and the Agreement in accordance with this title the following: and the Agreement. ‘‘(2) payments to eligible counties under ‘‘(d) COMPENSATION AND EXPENSES.— ‘‘TITLE V—POLAR BEARS section 103(a)(2) of the Secure Rural Schools and Community Self-Determination Act of ‘‘(1) COMPENSATION.—A member of the ‘‘Sec. 501. Definitions. 2000.’’. United States section shall serve without ‘‘Sec. 502. Prohibitions. compensation. ‘‘Sec. 503. Administration. (2) CONFORMING AMENDMENTS.— ‘‘(2) TRAVEL EXPENSES.—A member of the ‘‘Sec. 504. Cooperative management agree- (A) PAYMENTS TO STATES.—Paragraph (3) of United States section shall be allowed travel ment; authority to delegate en- section 102(b) of the Secure Rural Schools expenses, including per diem in lieu of sub- forcement authority. and Community Self-Determination Act of sistence, at rates authorized for an employee ‘‘Sec. 505. Commission appointments; com- 2000 (Public Law 106–393; 16 U.S.C. 500 note) is of an agency under subchapter I of chapter 57 pensation, travel expenses, and amended by striking ‘‘out of any funds in the of title 5, United States Code, while away claims. Treasury not otherwise appropriated’’ and from the home or regular place of business of ‘‘Sec. 506. Votes taken by the United States inserting ‘‘out of the Rural Schools and the member in the performance of the duties Section on matters before the Communities Trust Fund under section 9511 of the United States-Russia Polar Bear Com- Commission. of the Internal Revenue Code of 1986’’. mission. ‘‘Sec. 507. Implementation of actions taken (B) PAYMENTS TO COUNTIES.—Paragraph (2) ‘‘(e) AGENCY DESIGNATION.—The United by the Commission. of section 103(b) of the Secure Rural Schools States section shall, for the purpose of title ‘‘Sec. 508. Application with other titles of and Community Self-Determination Act of 28, United States Code, relating to claims Act. 2000 (Public Law 106–393; 16 U.S.C. 500 note) is against the United States and tort claims ‘‘Sec. 509. Authorization of appropriations.’’. amended by striking ‘‘out of any funds in the Treasury not otherwise appropriated’’ and procedure, be considered to be a Federal REATMENT OF CONTAINERS.—Section (c) T inserting ‘‘out of the Rural Schools and agency. 107(d)(2) of the Marine Mammal Protection Communities Trust Fund under section 9511 ‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES Act of 1972 (16 U.S.C. 1377(d)(2)) is amended of the Internal Revenue Code of 1986’’. SECTION ON MATTERS BEFORE THE by striking ‘‘vessel or other conveyance’’ COMMISSION. (3) CLERICAL AMENDMENT.—The table of ‘‘In accordance with paragraph 3 of article each place it appears and inserting ‘‘vessel, sections for subchapter A of chapter 98 of the 8 of the Agreement, the United States sec- other conveyance, or container’’. Internal Revenue Code of 1986 is amended by tion, made up of commissioners appointed by adding at the end the following new item: the President, shall vote on any issue before SA 5221. Mr. FRIST (for Mr. STE- VENS) proposed an amendment to the ‘‘Sec. 9511. Rural Schools and Communities the United States-Russia Polar Bear Com- Trust Fund.’’. mission only if there is no disagreement be- bill H.R. 4075, to amend the Marine tween the United States commissioners re- Mammal Protection Act of 1972 to pro- (4) EFFECTIVE DATE.—The amendments garding the vote. vide for better understanding and pro- made by this subsection shall take effect on January 1, 2007. ‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN tection of marine mammals, and for BY THE COMMISSION. other purposes; as follows: (b) IMPOSITION OF WITHHOLDING ON CERTAIN ‘‘(a) IN GENERAL.—The Secretary shall PAYMENTS MADE BY GOVERNMENT ENTITIES.— take all necessary actions to implement the Amend the title so as to read ‘‘An Act to (1) ACCELERATION OF EFFECTIVE DATE.—Sec- decisions and determinations of the Commis- amend the Marine Mammal Protection Act tion 511(b) of the Tax Increase Prevention sion under paragraph 7 of article 8 of the of 1972 in order to implement the Agreement and Reconciliation Act of 2005 is amended by Agreement. on the Conservation and Management of the striking ‘‘December 31, 2010’’ and inserting ‘‘(b) TAKING LIMITATION.—Not later than 60 Alaska-Chukotka Polar Bear Population.’’. ‘‘December 31, 2006’’. days after the date on which the Secretary (2) EXCLUSION FOR PAYMENTS TO SMALL receives notice of the determination of the SA 5222. Mr. WYDEN (for himself, BUSINESSES BEFORE 2011.—Paragraph (2) of Commission of an annual taking limit, or of Ms. CANTWELL, Mr. SMITH, and Mrs. section 3402(t) of the Internal Revenue Code the adoption by the Commission of other re- MURRAY) submitted an amendment in- of 1986 is amended by striking ‘‘and’’ at the

VerDate Aug 31 2005 10:06 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.140 S06DEPT1 hmoore on PROD1PC68 with HMSENATE S11372 CONGRESSIONAL RECORD — SENATE December 6, 2006 end of subparagraph (H), by striking the pe- 1184(c)(4)) is amended by adding at the end The PRESIDING OFFICER. Without riod at the end of subparagraph (I) and in- the following: objection, it is so ordered. serting ‘‘, and’’, and by adding at the end the ‘‘(F)(i) No nonimmigrant visa under sec- following : tion 101(a)(15)(P)(i)(a) shall be issued to any COMMITTEE ON ENVIRONMENT AND PUBLIC ‘‘(J) made before January 1, 2011, to any alien who is a national of a country that is WORKS business which employed fewer than 50 em- a state sponsor of international terrorism Mr. WARNER. Mr. President, I ask ployees during the preceding taxable year. unless the Secretary of State determines, in unanimous consent that on Wednesday, For purposes of subparagraph (J), rules simi- consultation with the Secretary of Homeland December 6, 2006, at 9:15 a.m. the Com- lar to the rules of paragraphs (2)(A) and (6) of Security and the heads of other appropriate section 44(d) shall apply.’’. United States agencies, that such alien does mittee on Environment and Public (3) EFFECTIVE DATE.—The amendment not pose a threat to the safety, national se- Works be authorized to hold a Business made by this subsection shall take effect as curity, or national interest of the United Meeting to consider the following if included in the Tax Increase Prevention States. In making a determination under agenda: Alex Beehler to be Inspector and Reconciliation Act of 2005. this subparagraph, the Secretary of State General of the Environmental Protec- (c) EXTENSION OF SECURE RURAL SCHOOLS shall apply standards developed by the Sec- tion Agency; Eric D. Eberhard to be a AND COMMUNITY SELF-DETERMINATION ACT.— retary of State, in consultation with the Member of the Board of Trustees of the The Secure Rural Schools and Community Secretary of Homeland Security and the Morris K. Udall Scholarship and Excel- Act of 2000 (Public Law 106–393; 16 U.S.C. 500 heads of other appropriate United States note) is amended— agencies, that are applicable to the nationals lence in National Environmental (1) in sections 208 and 303, by striking of such states. Poilcy Foundation; Diane Humetewa to ‘‘2007’’ both places it appears and inserting ‘‘(ii) In this subparagraph, the term ‘state be a Member of the Board of Trustees ‘‘2008’’; and sponsor of international terrorism’ means of the Morris K. Udall Scholarship and (2) in sections 101(a), 102(b)(2), 103(b)(1), any country the government of which has Excellence in National Environmental 203(a)(1), 207(a), 208, 303, and 401, by striking been determined by the Secretary of State Policy Foundation. ‘‘2006’’ each place it appears and inserting under any of the laws specified in clause (iii) ‘‘2007’’. to have repeatedly provided support for acts The PRESIDING OFFICER. Without of international terrorism. objection, it is so ordered. SA 5223. Mr. FRIST (for Ms. COLLINS) ‘‘(iii) The laws specified in this clause are COMMITTEE ON ENVIRONMENT AND PUBLIC proposed an amendment to the bill S. the following: WORKS ‘‘(I) Section 6(j)(1)(A) of the Export Admin- 3821, to authorize certain athletes to be Mr. WARNER. Mr. President, I ask admitted temporarily into the United istration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor statute). unanimous consent that on December States to compete or perform in an ‘‘(II) Section 40(d) of the Arms Export Con- 6, 2006, at 9:30 a.m. the Committee on athletic league, competition, or per- trol Act (22 U.S.C. 2780(d)). Environment and Public Works be au- formance; as follows: ‘‘(III) Section 620A(a) of the Foreign As- thorized to hold a hearing on Climate Strike all after the enacting clause and in- sistance Act of 1961 (22 U.S.C. 2371(a)).’’. Change and the Media. sert the following: (c) PETITIONS FOR MULTIPLE ALIENS.—Sec- SECTION 1. SHORT TITLE. tion 214(c)(4) of the Immigration and Nation- The PRESIDING OFFICER. Without This Act may be cited as either the ‘‘Cre- ality Act (8 U.S.C. 1184(c)(4)), as amended by objection, it is so ordered. ating Opportunities for Minor League Profes- subsection (b), is further amended by adding COMMITTEE ON HOMELAND SECURITY AND sionals, Entertainers, and Teams through at the end the following: GOVERNMENTAL AFFAIRS Legal Entry Act of 2006’’ or the ‘‘COMPETE ‘‘(G) The Secretary of Homeland Security Act of 2006’’. shall permit a petition under this subsection Mr. WARNER. Mr. President, I ask SEC. 2. NONIMMIGRANT ALIEN STATUS FOR CER- to seek classification of more than 1 alien as unanimous consent that the Com- TAIN ATHLETES. a nonimmigrant under section mittee on Homeland Security and Gov- (a) IN GENERAL.—Section 214(c)(4)(A) of the 101(a)(15)(P)(i)(a).’’. ernmental Affairs be authorized to Immigration and Nationality Act (8 U.S.C. (d) RELATIONSHIP TO OTHER PROVISIONS OF meet on Wednesday, December 6, 2006, 1184(c)(4)(A)) is amended by striking clauses THE IMMIGRATION AND NATIONALITY ACT.— (i) and (ii) and inserting the following: Section 214(c)(4) of the Immigration and Na- at 10 a.m. for a hearing titled, ‘‘Hurri- ‘‘(i)(I) performs as an athlete, individually tionality Act (8 U.S.C. 1184(c)(4)), as amended cane Katrina: Stopping the Flood of or as part of a group or team, at an inter- by subsections (b) and (c), is further amended Fraud, Waste, and Abuse.’’ nationally recognized level of performance; by adding at the end the following: The PRESIDING OFFICER. Without ‘‘(II) is a professional athlete, as defined in ‘‘(H) The Secretary of Homeland Security objection, it is so ordered. section 204(i)(2); shall permit an athlete, or the employer of ‘‘(III) performs as an athlete, or as a coach, an athlete, to seek admission to the United COMMITEE ON HOMELAND SECURITY AND as part of a team or franchise that is located States for such athlete under a provision of GOVERNMENTAL AFFAIRS in the United States and a member of a for- this Act other than section 101(a)(15)(P)(i) if Mr. WARNER. Mr. President, I ask eign league or association of 15 or more ama- the athlete is eligible under such other pro- unanimous consent that the Com- teur sports teams, if— vision.’’. mittee on Homeland Security and Gov- ‘‘(aa) the foreign league or association is f the highest level of amateur performance of ernmental Affairs be authorized to that sport in the relevant foreign country; AUTHORITY FOR COMMITTEES TO meet on Wednesday, December 6, 2006, ‘‘(bb) participation in such league or asso- MEET at 3 p.m. to consider the nomination of ciation renders players ineligible, whether COMMITTEE ON AGRICULTURE, NUTRITION, AND Paul A. Schneider to be Under Sec- on a temporary or permanent basis, to earn FORESTRY retary for Management, U.S. Depart- a scholarship in, or participate in, that sport Mr. WARNER. Mr. President, I ask ment of Homeland Security. at a college or university in the United States under the rules of the National Colle- unanimous consent that the Com- The PRESIDING OFFICER. Without giate Athletic Association; and mittee on Agriculture, Nutrition and objection, it is so ordered. ‘‘(cc) a significant number of the individ- Forestry be authorized to conduct a COMMITTEE ON THE JUDICIARY uals who play in such league or association hearing during the session of the Sen- are drafted by a major sports league or a ate on Wednesday, December 6, 2006 at Mr. WARNER. Mr. President, I ask minor league affiliate of such a sports 9:30 a.m. in SR–328A, Russell Senate Of- unanimous consent that the Senate league; or fice Building. The purpose of this hear- Committee on the Judiciary be author- ‘‘(IV) is a professional athlete or amateur ing will be to consider the following ized to meet to conduct a hearing on athlete who performs individually or as part ‘‘FBI Oversight’’ for Wednesday, De- of a group in a theatrical ice skating produc- nominations: Leland A. Strom, of Illi- nois, to be a member of the Farm Cred- cember 6, 2006 at 9:30 a.m. in Dirksen tion; and Senate Office Building room 226. ‘‘(ii) seeks to enter the United States tem- it Administration Board; Jill E. porarily and solely for the purpose of per- Sommers, of Kansas, to be a Commis- Witness List forming— sioner on the Commodity Futures ‘‘(I) as such an athlete with respect to a Trading Commission; and Mark Ever- Panel I: The Honorable Robert S. specific athletic competition; or ett Keenum, of Mississippi, to be Under Mueller III, Director, Federal Bureau ‘‘(II) in the case of an individual described Secretary of Agriculture for Farm and of Investigation, U.S. Department of in clause (i)(IV), in a specific theatrical ice Justice, Washington, DC. skating production or tour.’’. Foreign Agricultural Services and a (b) LIMITATION.—Section 214(c)(4) of the member of the Board of Directors of The PRESIDENT OFFICER. Without Immigration and Nationality Act (8 U.S.C. the Commodity Credit Corporation. objection, it is so ordered.

VerDate Aug 31 2005 10:31 Dec 07, 2006 Jkt 059060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.134 S06DEPT1 hmoore on PROD1PC68 with HMSENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11373 COMMITTEE ON SMALL BUSINESS AND committee on Administrative Over- U.S. Bankruptcy Court for the North- ENTREPRENEURSHIP sight and the Courts be authorized to ern District of California, Oakland, CA; Mr. WARNER. Mr. President, I ask meet to conduct a hearing on ‘‘Over- Robert Lawless, Professor, University unanimous consent that the Com- sight of the Implementation of the of Illinois College of Law, Champaign, mittee on Small Business and Entre- Bankruptcy Abuse Prevention and Con- IL; Henry E. Hildebrand, III, Chapter 13 preneurship be authorized to meet dur- sumer Protection Act’’ on Wednesday, Standing Trustee, Middle District of ing the session of the Senate for a December 6, 2006 at 2:30 p.m. in Room Tennessee, Nashville, TN. hearing entitled, ‘‘The Nomination of 226 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without Jovita Carranza to be Deputy Adminis- ing. The witness: objection, it is so ordered. trator of the Small Business Adminis- Panel I: Cliff White, Acting Director, tration’’ on Wednesday, December 6, Executive Office of the U.S. Trustees f 2006, beginning at 2:30 p.m. in room [EOUST], Washington, DC. 428A of the Russell Senate Office Build- Panel II: Todd Zywicki, Professor, PRIVILEGES OF THE FLOOR ing. George Mason University School of The PRESIDING OFFICER. Without Law, Washington, DC; Steve Bartlett, Mr. REED. I ask unanimous consent objection, it is so ordered. President; CEO, Financial Services a fellow from my office, Kenyon Kilber, SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT Roundtable, Washington, DC; David be granted the privilege of the floor for AND THE COURTS Jones, President, Association of Inde- the remainder of today’s session. Mr. WARNER. Mr. President, I ask pendent Consumer Credit Counseling The ACTING PRESIDENT pro tem- unanimous consent that the Senate Agencies, Poinciana, FL; The Honor- pore. Without objection, it is so or- Committee on the Judiciary Sub- able Randall J. Newsome, Chief Judge, dered.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

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