[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S502-S504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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        SENATE RESOLUTION 10--HONORING THE LIFE OF JOHNNY CARSON

  Mr. NELSON of Nebraska (for himself, Mr. Hagel, Mr. Kennedy, Mrs. 
Feinstein, and Mr. Inouye) submitted the following resolution; which 
was considered and agreed to:

                               S. Res. 10

       Whereas Johnny Carson, a friend to the United States 
     Senate, passed away January 23, 2005;
       Whereas Johnny Carson was a philanthropist, friend, and 
     favorite Nebraska native son;
       Whereas Johnny Carson was born in Iowa, raised in Norfolk, 
     Nebraska, and made famous in Hollywood as a late night friend 
     to all of America;
       Whereas Johnny Carson served in the United States Navy as 
     an ensign during World War II;
       Whereas Johnny Carson late hosted ``The Tonight Show'' for 
     30 years;
       Whereas Johnny Carson was best known as America's late 
     night king of comedy;
       Whereas Johnny Carson was one of the biggest stars in 
     Hollywood but never forgot his roots;
       Whereas Johnny Carson was respected by his colleagues as a 
     gentleman; and
       Whereas Johnny Carson was bright and witty, and always set 
     the highest of standards for his performances: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) mourns the loss of Johnny Carson;
       (2) recognizes the contributions of Johnny Carson to his 
     home State of Nebraska;
       (3) admires the sense of humor and late night presence of 
     Johnny Carson in homes in the United States for over 30 
     years;
       (4) expresses gratitude for the lifetime of memories Johnny 
     Carson provided; and
       (5) directs the Secretary of the Senate to transmit an 
     enrolled copy of this resolution to the family of Johnny 
     Carson.
                                 ______
                                 

  SENATE RESOLUTION 11--HONORING THE SERVICE OF REVEREND LLOYD OGILVIE

  Mr. KYL (for himself, Mr. Brownback, Mr. Lott, Mr. Chambliss,

[[Page S503]]

and Mr. Santorum) submitted the following resolution; which was 
considered and agreed to:

                               S. Res. 11

       Whereas a decade ago, on January 24, 1995, the Reverend 
     Lloyd Ogilvie was elected by the Senate as its 61st Chaplain;
       Whereas Reverend Lloyd Ogilvie is a friend and confidant to 
     Senators, and to many staff members and Senate employees;
       Whereas Reverend Lloyd Ogilvie was always a soothing 
     presence in a body whose Members are sometimes at 
     loggerheads;
       Whereas Reverend Lloyd Ogilvie is someone upon whom 
     Democrats and Republicans, men and women of different 
     religious faiths, can count as a sympathetic and trusted 
     advisor; and
       Whereas after the tragedy of September 11, 2001, and until 
     his retirement in 2003, we depended on him even more to 
     strengthen our spirit and help us find consolation in 
     Scripture: Now, therefore, be it
       Resolved, That the Senate honors the significance of this 
     10-year anniversary by declaring to the Reverend Lloyd 
     Ogilvie that we remember his loving service to the Senate and 
     this Country, and use this anniversary to express our 
     gratitude to him for his ministry to the Senate family.
                                 ______
                                 

SENATE RESOLUTION 12--COMMENDING THE UNIVERSITY OF SOUTHERN CALIFORNIA 
  TROJANS FOOTBALL TEAM FOR WINNING THE 2004 BOWL CHAMPIONSHIP SERIES 
                       NATIONAL CHAMPIONSHIP GAME

  Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted the following 
resolution; which was considered and agreed to:

                               S. Res. 12

       Whereas the University of Southern California Trojans 
     football team won the 2004 Bowl Championship Series national 
     championship game, defeating Oklahoma University by a score 
     of 55 to 19 in the FedEx Orange Bowl at Pro Player Stadium in 
     Miami, Florida, on January 4, 2004;
       Whereas the University of Southern California Trojans 
     football team has won 11 national championships;
       Whereas the University of Southern California Trojans 
     football team has won 34 Pacific 10 conference championships;
       Whereas the University of Southern California Trojans 
     football team has won 27 bowl games, only 2 games fewer than 
     the University of Alabama;
       Whereas the University of Southern California Trojans 
     football team won 13 games during the 2004 season for the 
     first time in the history of the school and became the first 
     team since the University of Nebraska in 1994-1995 to repeat 
     as Associated Press national champions and the second team to 
     start and finish the season at number 1 in the Associated 
     Press poll;
       Whereas the University of Southern California Trojans 
     football team has won 22 consecutive games;
       Whereas the University of Southern California Trojans 
     football team is ranked in the top 10 in every defensive 
     category;
       Whereas the University of Southern California Trojans 
     football team has set a school record by scoring at least 20 
     points in its last 38 games;
       Whereas Head Coach Pete Carroll has a record of 42 wins, 9 
     losses at the University of Southern California and is the 
     second University of Southern California coach to win back-
     to-back national championships;
       Whereas Heisman Trophy winner and Associated Press Player 
     of the Year, quarterback Matt Leinart, completed 18 of 35 
     passes for a total of 332 yards and set an Orange Bowl record 
     with 5 touchdown passes;
       Whereas tailback Reggie Bush was a Heisman Trophy finalist 
     and the winner of the Chic Harley award, presented annually 
     to the College Football Player of the Year by the Touchdown 
     Club of Columbus; and
       Whereas quarterback Matt Leinert, tailback Reggie Bush, 
     defensive tackle Shaun Cody, and linebacker Matt Grootegoed 
     were named to the Associated Press All-American first team: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) commends the University of Southern California Trojans 
     football team for winning the 2004 Bowl Championship Series 
     national championship game; and
       (2) directs the Secretary of the Senate to make available 
     to the University of Southern California an enrolled copy of 
     this resolution for appropriate display.
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 SENATE CONCURRENT RESOLUTION 4--EXPRESSING THE SENSE OF THE CONGRESS 
    THAT THE DEPARTMENT OF DEFENSE SHOULD CONTINUE TO EXERCISE ITS 
  STATUTORY AUTHORITY TO SUPPORT THE ACTIVITIES OF THE BOY SCOUTS OF 
   AMERICA, IN PARTICULAR THE PERIODIC NATIONAL AND WORLD BOY SCOUT 
                               JAMBOREES

  Mr. NELSON of Florida (for himself, Mr. Allard, Mr. Allen, Mr. Nelson 
of Nebraska, Mr. Sessions, and Mr. Enzi) submitted the following 
concurrent resolution; which was referred to the Committee on Armed 
Services:

                             S. Con. Res. 4

       Whereas the Boy Scouts of America was incorporated on 
     February 8, 1910, and received a Federal charter on June 15, 
     1916, which is codified as chapter 309 of title 36, United 
     States Code;
       Whereas section 30902 of title 36, United States Code, 
     states that it is the purpose of the Boy Scouts of America to 
     promote, through organization, and cooperation with other 
     agencies, the ability of boys to do things for themselves and 
     others, to train them in scoutcraft, and to teach them 
     patriotism, courage, self-reliance, and kindred virtues;
       Whereas, since its inception, millions of Americans of 
     every race, creed, and religion have participated in the Boy 
     Scouts of America, and the Boy Scouts of America, as of 
     October 1, 2004, utilizes more than 1,200,000 adult 
     volunteers to serve 2,863,000 youth members organized in 
     121,051 units;
       Whereas the Department of Defense and members of the Armed 
     Forces have a long history of supporting the activities of 
     the Boy Scouts of America and individual Boy Scout troops 
     inside the United States, and section 2606 of title 10, 
     United States Code, enacted in 1988, specifically authorizes 
     the Department of Defense to cooperate with and assist the 
     Boy Scouts of America in establishing and providing 
     facilities and services for members of the Armed Forces and 
     their dependents, and civilian employees of the Department of 
     Defense and their dependents, at locations outside the United 
     States;
       Whereas sections 4682, 7541, and 9682 of title 10, United 
     States Code, authorize the Department of Defense to sell and, 
     in certain cases, donate obsolete or excess material to the 
     Boy Scouts of America to support its activities; and
       Whereas Public Law 92-249, enacted on March 10, 1972, and 
     codified as section 2554 of title 10, United States Code, 
     recognizes that Boy Scout Jamborees may be held on military 
     installations and authorizes the Department of Defense, in 
     support of Boy Scout Jamborees, to lend certain equipment and 
     to provide transportation from the United States or military 
     commands overseas, and return, at no expense to the United 
     States Government, and to provide other personnel services 
     and logistical support to the Boy Scouts of America to 
     support national and world gatherings of Boy Scouts at events 
     known as Boy Scout Jamborees: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of the Congress that the 
     Department of Defense should continue to exercise its long-
     standing statutory authority to support the activities of the 
     Boy Scouts of America, in particular the periodic national 
     and world Boy Scout Jamborees.

  Mr. NELSON of Florida. Mr. President, today I rise to submit a 
concurrent resolution on behalf of myself, Senators Allard, Allen, Ben 
Nelson of Nebraska, Sessions and Enzi expressing the sense of the 
Congress that the Department of Defense should continue to exercise its 
statutory authority to support the activities of the Boy Scouts of 
America, in particular the periodic national and world Boy Scout 
Jamborees.
  I ask unanimous consent that, the attached letter from Secretary of 
Defense Rumsfeld be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                     The Secretary of Defense,

                                 Washington, DC, December 2, 2004.
     The Speaker,
     House of Representatives,
     Washington, DC.
       Dear Mr. Speaker: The Department of Defense (DOD) has a 
     long tradition of providing worldwide support for Boy Scout 
     activities, which have been mutually beneficial to the 
     Department and the Boy Scouts of America. I am especially 
     appreciative of the efforts undertaken by numerous Scouting 
     organizations to assist Service members deployed in the war 
     on terrorism.
       As you are aware, the American Civil Liberties Union sued 
     the Department of Defense, the Department of Housing and 
     Urban Development, and others, challenging the various 
     statutory authorizations of support for the Boy Scouts on the 
     grounds that they violate the Establishment Clause of the 
     First Amendment. The Department of Justice is fighting the 
     lawsuit, and the Department of Defense is assisting in all 
     respects.
       The Department of Defense entered a ``partial settlement'' 
     in the litigation, which apparently resolved a small 
     component of the overall lawsuit. I was unaware of this 
     settlement, but I have since been advised that this agreement 
     does not fundamentally change the long-standing relationship 
     between America's Boy Scouts and U.S. military installations. 
     I have been assured that Scouts will continue to have access 
     to our facilities for camping, hiking, fishing, etc.
       I am concerned with the impression left by the ACLU in 
     recent reporting of this matter that suggests the Department 
     of Defense is changing its relationship with the Boy Scouts. 
     Recently, I supported Sense of Congress resolutions 
     introduced in the House and Senate that the Department should 
     continue to exercise its statutory authority to

[[Page S504]]

     support the activities of the Boy Scouts, in particular the 
     periodic national and world Boy Scout Jamborees.
       I also have reviewed legislation recently introduced that 
     affirms Congressional support for Scouting organizations. I 
     believe this legislation is important and welcome the 
     opportunity to work with you as it moves forward.
           Sincerely,
                                                  Donald Rumsfeld.
                                 ______
                                 

 SENATE CONCURRENT RESOLUTION 5--CONGRATULATING THE PEOPLE OF UKRAINE 
                                  FOR
  CONDUCTING A DEMOCRATIC, TRANSPARENT, AND FAIR RUNOFF PRESIDENTIAL 
                   ELECTION ON DECEMBER 26, 2004, AND
   CONGRATULATING VIKTOR YUSHCHENKO ON HIS ELECTION AS PRESIDENT OF 
           UKRAINE AND HIS COMMITMENT TO DEMOCRACY AND REFORM

  Mr. LUGAR (for himself and Mr. Biden) submitted the following 
concurrent resolution; which was referred to the Committee on Foreign 
Relations:

                             S. Con. Res. 5

       Whereas the establishment of a democratic, transparent, and 
     fair election process for the 2004 presidential election in 
     Ukraine and of a genuinely democratic political system have 
     been prerequisites for that country's full integration into 
     the international community of democracies;
       Whereas the Government of Ukraine has accepted numerous 
     specific commitments governing the conduct of elections as a 
     participating State of the Organization for Security and 
     Cooperation in Europe (OSCE);
       Whereas the election of Ukraine's next president was seen 
     as an unambiguous test of the extent of the Ukrainian 
     authorities' commitment to implement these standards and 
     build a democratic society based on free elections and the 
     rule of law;
       Whereas a genuinely free and fair election requires 
     government and public authorities to ensure that candidates 
     and political parties enjoy equal treatment before the law 
     and that government resources are not employed to the 
     advantage of individual candidates or political parties;
       Whereas a genuinely free and fair election requires the 
     full transparency of laws and regulations governing 
     elections, multiparty representation on election commissions, 
     and unobstructed access by candidates, political parties, and 
     domestic and international observers to all election 
     procedures, including voting and vote-counting in all areas 
     of the country;
       Whereas efforts by national and local officials and others 
     acting at the behest of such officials to impose obstacles to 
     free assembly, free speech, and a free and fair political 
     campaign took place throughout Ukraine during the entire 2004 
     presidential election campaign without condemnation or 
     remedial action by the Government of Ukraine;
       Whereas on October 31, 2004, Ukraine held the first round 
     of its presidential election and on November 21, 2004, 
     Ukraine held a runoff presidential election between the two 
     leading candidates, Prime Minister Viktor Yanukovich and 
     opposition leader Viktor Yushchenko;
       Whereas a consensus of Ukrainian and international election 
     observers determined that the runoff election did not meet a 
     considerable number of international standards for democratic 
     elections, and these observers specifically declared that 
     state resources were abused in support of Viktor Yanukovich, 
     and that illegal voting by absentee ballot, multiple voting, 
     assaults on electoral observers and journalists, and the use 
     of counterfeit ballots were widespread;
       Whereas following the runoff presidential election on 
     November 21, 2004, tens of thousands of Ukrainian citizens 
     engaged in peaceful demonstrations in Kiev and elsewhere to 
     protest the unfair election and the declaration by the 
     Ukrainian Central Election Commission that Viktor Yanukovich 
     had won a majority of the votes;
       Whereas, on November 25, 2004, the Ukrainian Supreme Court 
     blocked the publication of the official runoff election 
     results thus preventing the inauguration of the next 
     president of Ukraine until the Supreme Court examined the 
     reports of voter fraud;
       Whereas on November 27, 2004, the Parliament of Ukraine 
     passed a resolution declaring that there were violations of 
     law during the runoff presidential election on November 21, 
     2004, and that the results of the election did not reflect 
     the will of the Ukrainian people;
       Whereas on December 1, 2004, the Parliament of Ukraine 
     passed a no confidence motion regarding the government of 
     Prime Minister Viktor Yanukovich;
       Whereas European mediators and current Ukrainian President 
     Leonid Kuchma began discussions on December 1, 2004, to 
     attempt to work out a resolution to the standoff between the 
     supporters of both presidential candidates;
       Whereas on December 3, 2004, the Ukrainian Supreme Court 
     ruled that the runoff presidential election on November 21, 
     2004, was invalid and ordered a new presidential election to 
     take place on December 26, 2004;
       Whereas on December 8, 2004, the Parliament of Ukraine 
     passed laws to reform the Ukrainian electoral process, 
     including to reconstitute the Ukrainian Central Election 
     Commission, and to close loopholes for fraud in preparation 
     for a new presidential election;
       Whereas on December 26, 2004, the people of Ukraine again 
     went to the polls to elect the next president of Ukraine in 
     what the consensus of domestic and international observers 
     declared as a more democratic, transparent, and fair election 
     process with fewer problems than the previous two rounds;
       Whereas on January 10, 2005, the election victory of 
     opposition leader Viktor Yushchenko was certified by the 
     Ukrainian Central Election Commission; and
       Whereas the runoff presidential election on December 26, 
     2004, signifies a turning point for Ukraine which offers new 
     hope and opportunity to the people of Ukraine: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) commends the people and Government of Ukraine for their 
     commitment to democracy and their determination to end the 
     political crisis in that country in a peaceful and democratic 
     manner;
       (2) congratulates the people and Government of Ukraine for 
     ensuring a free and fair runoff presidential election which 
     represents the true choice of the Ukrainian people;
       (3) congratulates Viktor Yushchenko on his election as 
     President of Ukraine;
       (4) applauds the Ukrainian presidential candidates, the 
     European Union and other European representatives, and the 
     United States Government for the role they played in helping 
     to find a peaceful resolution of the crisis;
       (5) acknowledges and welcomes the strong relationship 
     formed between the United States and Ukraine and expresses 
     its strong and continuing support for the efforts of the 
     Ukrainian people and the new Government of Ukraine to 
     establish a full democracy, the rule of law, and respect for 
     human rights; and
       (6) pledges its assistance to the strengthening of a fully 
     free and open democratic system in Ukraine, the creation of a 
     prosperous free market economy in Ukraine, the reaffirmation 
     of Ukraine's independence and territorial sovereignty, and 
     Ukraine's full integration into the international community 
     of democracies.

  Mr. LUGAR. Mr. President, today I offer a resolution celebrating the 
December 26 election in Ukraine. I am pleased that Ukraine has 
dominated newspaper headlines and media broadcasts all over the world 
for the last sixty days. In that time, extraordinary events have 
occurred. A free press has revolted against government intimidation and 
reasserted itself. An emerging middle class has found its political 
footing. A new generation has found its hope for the future. A society 
has rebelled against the illegal activities of its government. It is in 
our interests to recognize and protect these advances.
  I congratulate the people of Ukraine in their undeniable quest for 
freedom and democracy. Furthermore, I would also like to congratulate 
President Viktor Yushchenko, who was inaugurated last Sunday, for his 
victory.
  The December 26 election in Ukraine was a tribute to Ukraine's 
maturing democracy and places Ukraine on a path to join the community 
of European democracies. A fraudulent and illegal election would have 
left Ukraine crippled. The new president would have lacked legitimacy 
with the Ukrainian people and the international community.
  With the stakes so high, I commend President Bush, his 
Administration, and the international community for providing the 
people of Ukraine with the support they needed to withstand the threats 
to free and fair elections. Even in the face of repeated attempts to 
end any hope of a free and fair election, I was inspired by the 
willingness and courage of so many citizens of Ukraine to demonstrate 
their passion for free expression and the building of a truly 
democratic Ukraine.
  I am hopeful that the momentum to foster democratic freedom around 
the world will continue. In his inaugural speech last week, President 
Bush stated his unequivocal support for democracy and put securing 
individual freedom at the forefront of America's foreign policy. I 
agree with the President. We must be prepared to play an active role in 
ensuring that democracy and basic freedoms are promoted and preserved 
around the world.
  The future of Ukraine rests with its leaders and its people, but the 
United States and Europe must continue to support a foundation of 
democracy, rule of law, and a market economy, which will allow Ukraine 
to prosper and reach its full potential. I urge my colleagues to lend 
their support to U.S. policy in Ukraine and ask their support for this 
resolution.




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