[Congressional Record Volume 151, Number 47 (Tuesday, April 19, 2005)]
[Senate]
[Pages S3885-S3892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 2005--Continued


                           Amendment No. 387

  The PRESIDING OFFICER. Under the previous order, the Senator from 
Maryland, Ms. Mikulski, will be recognized for 5 minutes, and the 
Senator from Virginia, Mr. Warner, will be recognized for 2 minutes.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I rise to ask my colleagues to support 
cloture on the amendment I offered last week on the H-2B visas. This 
amendment is desperately needed by small and seasonal business 
throughout the United States. This amendment is identical to the 
bipartisan bill I introduced in February called the Save Our Small and 
Seasonal Business Act. It is designed to be a temporary solution to the 
seasonal worker shortage that many coastal and resort States are 
facing.
  My amendment helps keep American jobs, keep American companies open, 
and yet retains control of our borders. Small and seasonal businesses 
all over our country are in crisis. They need seasonal workers before 
the summer can begin so they can survive. For years they relied on an 
H-2B visa program to meet their needs. The program allows businesses to 
hire temporary seasonal foreign workers with a mandated return to their 
home country when no other American workers are available. But this 
year they can't get temporary labor. They have been facing this for the 
last couple of years because they have been shut out of the program 
because there is a cap and the cap is reached by the wintertime.
  My amendment will help these employers by doing three things. One, it 
temporarily exempts good actor workers from the H-2B cap so employers 
can apply for and name employees who have already come back and forth 
to the United States. It protects against fraud, and it provides a fair 
and balanced allocation of the H-2B visas between winter and summer 
people.
  Let me be clear about my amendment. First, it protects American jobs. 
Second, it is a short-term remedy because it is only a 2-year solution. 
What it does is exempt seasonal workers from the cap. That means there 
are no new workers. There are no new immigrants. It means no more new 
guest workers. It means people who have worked here before, who have 
played by the rules and gone back home, are the only ones who will be 
eligible. They have to have been here in the last 3 years, worked in 
absolute compliance with the law, and returned back home to Mexico as 
required. So it is not new people who will be exempt. It is an 
employment program for them and for us.
  The employer has to go through the whole Department of Labor and 
Homeland Security process so we are in compliance with labor rules and 
we also ensure our national security.
  Like my colleagues, I worry about fraud, so we have very strong 
antifraud provisions. We also make the system better by creating this 
fair allocation. We recognize that States need them in the winter, but 
summertime people need them, too.
  There is a crisis. Thousands of small businesses are affected by 
this. Hitting the cap so early had a great impact on my own State of 
Maryland. We had a lot of summer seasonal business, particularly over 
there on the Eastern Shore, working that wonderful, fabulous Chesapeake 
Bay I share with my colleagues from Virginia. Many of our businesses 
used this program year after year. First they hire all the American 
workers they can find. Then they turn to the H-2B to find additional 
workers. I could give example after example, but I can tell you, if 
they don't get this legislation, they will have to either lay off their 
permanent workers or close their doors.
  So what my legislation is all about is a simple legislative remedy 
with strong bipartisan support. It is realistic. It is specific. It is 
narrow. It stands up for American companies, protects our borders.

  I know there is great urgency about this. We absolutely need it. Many 
of my companies have been around for 100 years working in the 
Chesapeake Bay. Many of them provide the livelihoods not only on the 
Eastern Shore but because of our fabulous seafood processing industry. 
We provide jobs also in Baltimore and Bethesda and other parts. We have 
to pass this legislation because if they can't start to hire within the 
next few weeks, we are going to close American companies and end up 
with an even more porous border.
  I urge the adoption of my amendment, but now I urge my colleagues to 
vote for cloture.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I thank my distinguished colleague from 
Maryland. We have in the Senate a great respect and admiration for the 
junior Senator from Maryland for her commitment for the little person. 
I cannot think of another example in her long and distinguished career 
in the Senate where there is a clearer case for the small business, 
that individual who is struggling to make an honest living and provide 
jobs for others.
  We have before us today a tremendous challenge as it relates to 
immigration on a wide range of issues. This program works. It is very 
small in comparison to others, but it works. It serves the small 
businesses, not only seafood, which we have talked about before in the 
context of this amendment, but other small things--the bed and 
breakfasts, the small hotels that are so important in our respective 
States and elsewhere in America.
  I say to our colleagues, as they come to join us, it is essential 
that we pass this to help this category of small businesspersons and to 
lend credence to a program that works. For every one of these 
individuals who is brought in, it would be my judgment--and I concur, 
with my distinguished colleague--that there are two or three permanent 
American workers whose jobs are supported by their efforts. Oftentimes 
most of these come in for a short period, some several months, largely 
in the summertime; some in the fall. Then they go back to their homes 
beyond the borders of the United States. But the American worker then 
takes their work product and it enables them to have a full-time, 12-
month means of employment.
  This is one on which my colleagues will be proud to vote for cloture. 
In effect, it will enable this legislation to pass.
  On behalf of the leadership of the Senate, I ask unanimous consent 
that the filing deadline for second-degree amendments be extended until 
the beginning of the cloture vote on the Mikulski amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. Mr. President, I yield whatever time I have remaining 
to the other Senator from Virginia.
  Mr. WARNER. Do I not have a bit of time on mine? On behalf of my 
colleague from Virginia, I ask unanimous consent that he proceed for 2 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Virginia.
  Mr. ALLEN. Mr. President, I thank my colleague from Virginia and the 
Senator from Maryland. I urge my colleagues to support the cloture 
motion on this amendment. It is an immigration issue, but it is more 
importantly a small business issue.
  There are a lot of small businesses that are seasonal in nature. It 
may be construction, landscaping, tourism, or the seafood industry. It 
is vitally important that we get this immigration, this H-2B visa 
issue, in order logically. These are law-abiding citizens who want to 
keep their small business in operation, providing the services that 
people in their communities so desire.
  I thank the Chair and my colleagues. I hope all colleagues will vote 
for small businesses, to keep them operating in States all across the 
Nation and bring some common sense with this temporary remedy, to bring 
some common sense and reasonableness to a program that every year ends 
up in a crisis. I thank Senator Mikulski of Maryland and my colleague 
from Virginia, Senator Warner, of course. All of us are

[[Page S3886]]

working together for the betterment of many family businesses.
  Mr. WARNER. Mr. President, the two Senators from Virginia accept the 
challenge of the Senator from Maryland to a cookoff on crabcakes. 
Before we started this, the Senator talked about her mother's formula. 
We have ours.
  Ms. MIKULSKI. I thank the Senator from Virginia. I accept the 
challenge. If it takes two of you to take me on, so be it.
  Mr. WARNER. With that, I yield the floor.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Mikulski 
     amendment No. 387 to H.R. 1268.
         B.A. Mikulski, J. Lieberman, Jon Corzine, Jeff Bingaman, 
           Byron Dorgan, Ron Wyden, Ken Salazar, Hillary Clinton, 
           Mark Pryor, Dick Durbin, Bill Nelson, Chuck Schumer, 
           Barack Obama, Frank Lautenberg, Patrick Leahy, Debbie 
           Stabenow, Chris Dodd.

  The PRESIDING OFFICER: By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 387, offered by the Senator from Maryland, shall be 
brought to a close? The yeas and nays are mandatory under the rule. The 
clerk will call the roll.
  The legislative clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 83, nays 17, as follows:

                      [Rollcall Vote No. 101 Leg.]

                                YEAS--83

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Burns
     Burr
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Coleman
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Graham
     Gregg
     Hagel
     Harkin
     Hatch
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Voinovich
     Warner
     Wyden

                                NAYS--17

     Alexander
     Brownback
     Bunning
     Byrd
     Cochran
     Cornyn
     Ensign
     Frist
     Grassley
     Hutchison
     Inhofe
     Lott
     McConnell
     Roberts
     Sessions
     Shelby
     Vitter
  The PRESIDING OFFICER. On this vote, the yeas are 83, the nays are 
17. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Ms. MIKULSKI. Mr. President, I ask for the yeas and nays on my 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. ENZI. Mr. President, I rise today in support of the Save Our 
Small and Seasonal Business Act, offered as an amendment by Senator 
Mikulski to the Supplemental Appropriations Act.
  As many of my colleagues have stated, this amendment is very simple 
and straightforward. It is a temporary fix and does not reward illegal 
workers. It basically allows those workers who have followed the rules 
and returned home at the end of their season to come back to work in 
the United States and not count against the H-2B visa cap.
  As the situation stands right now, the many businesses across our 
Nation that use the visas are limited by how many can be approved each 
year. The demand of the visas is high and the Department of Labor has 
certified that there are positions that cannot be filled locally. With 
the cap being for the entire fiscal year, those businesses with their 
season in the fall and winter have a better chance of getting the 
employees they need. In Wyoming, we have strong summer and winter 
seasons. Our winter businesses have been able to get their workers and 
yet see the impact of not having enough employees in the summer.
  The H-2B visas are used in Wyoming by small businesses in a variety 
of areas. I have heard from hotels, restaurants, touring companies, 
hunting companies, art and framing stores, and others. Many of these 
people depend on their return workers to keep their businesses going. 
While some may consider this unskilled labor, a return worker who knows 
the job and knows the customers is invaluable for a small business.
  This amendment is about helping our small and seasonal businesses 
survive another year--to give them a chance to stay in business until 
the Senate can fully debate needed changes in immigration reform. It 
does not provide amnesty or benefit those who have broken our laws.
  This type of visa actually puts such a high level of responsibility 
on the employers that we should consider putting some of these 
requirements on other types of visas. Under Federal law, the employer 
must certify that they cannot hire locally, the employer must guarantee 
wages, and the employer accepts responsibility for the worker. The 
amendment we are considering today keeps that built-in protection. It 
also increases fraud protection to help us ensure that those who have 
the visa applications approved are those who need the employees.
  The support we have already heard for this amendment is evidence of 
the wide impact of the H-2B visa program. Businesses from mountain 
States and coastal States are in need of help. We have an opportunity 
to take positive action in support of the small businesses that drive 
our economy. I encourage all my colleagues to support the Mikulski 
amendment.


                           Amendment No. 555

  Mr. KYL. Mr. President, I have an amendment at the desk, No. 555.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. Kyl] proposes an amendment 
     numbered 555.

  Mr. KYL. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To modify the criteria for excluding certain H-2B workers 
   from the numerical limitations under section 214(g)(1)(B) of the 
                    Immigration and Nationality Act)

       On page 2, strike lines 5 through 11, and insert the 
     following:
       ``(9)(A) Subject to subparagraphs (B) and (C), an alien 
     counted toward the numerical limitations of paragraph (1)(B) 
     during any 1 of the 3 fiscal years prior to the submission of 
     a petition for a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) may not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved.
       ``(B) A petition referred to in subparagraph (A) shall 
     include, with respect to an alien--
       ``(i) the full name of the alien; and
       ``(ii) a certification to the Department of Homeland 
     Security that the alien is a returning worker.
       ``(C) An H-2B visa for a returning worker shall be approved 
     only if the name of the individual on the petition is 
     confirmed by--
       ``(i) the Department of State; or
       ``(ii) if the alien is visa exempt, the Department of 
     Homeland Security.''.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 555) was agreed to.
  Mr. KYL. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.


                 Vote on Amendment No. 387, As Amended

  Ms. MIKULSKI. Mr. President, there is no further debate on the 
amendment. I yield all of my time and, therefore, request a vote on my 
amendment, as amended.
  The PRESIDING OFFICER. The question is on agreeing to the amendment, 
as amended. The yeas and nays have been ordered. The clerk will call 
the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 94, nays 6, as follows:

[[Page S3887]]

                      [Rollcall Vote No. 102 Leg.]

                                YEAS--94

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Voinovich
     Warner
     Wyden

                                NAYS--6

     Byrd
     Inhofe
     Nelson (FL)
     Sessions
     Shelby
     Vitter
  The amendment (No. 387), as amended, was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote.
  Mr. ENSIGN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. FRIST. Mr. President, the next vote will be on invoking cloture 
on the bill. I hope we will, in fact, invoke cloture. If cloture is 
invoked this evening, it will be the last vote of the evening. This 
will give the two managers time to work through the pending amendments 
to determine which are germane. We will resume consideration of the 
bill tomorrow and complete action on it. I say this in advance of the 
cloture vote. If cloture is not invoked tonight, then we would have 
additional votes this evening.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, for the purpose of completing action on 
cleared amendments, there are two amendments that do not require a 
rollcall vote. Senator Hutchison has an amendment and Senator Chambliss 
has an amendment. I ask unanimous consent that it be in order for them 
to offer those amendments at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Texas.


                     Amendment No. 379, As Modified

  Mrs. HUTCHISON. Mr. President, I call up amendment No. 379 and send a 
modification to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for herself, Mr. 
     Schumer, and Mr. Domenici, proposes an amendment numbered 
     379, as modified.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as modified, is as follows:

  (Purpose: To make unused EB3 visas available to bring nurses to the 
         United States through Department of State procedures)

       On page 231, between lines 3 and 4, insert the following 
     new section:


                           RECAPTURE OF VISAS

       Sec. 6047. Section 106(d)(2)(A) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end of the second sentence ``and any such visa that is made 
     available due to the difference between the number of 
     employment-based visas that were made available in fiscal 
     year 2001, 2002, 2003, or 2004 and the number of such visas 
     that were actually used in such fiscal year shall be 
     available only to employment-based immigrants, and the 
     dependents of such immigrants, and 50% of such visas shall be 
     made available to those whose immigrant worker petitions were 
     approved based on schedule A, as defined in section 656.5 of 
     title 20, Code of Federal Regulations, as promulgated by the 
     Secretary of Labor''; and
       (2) in paragraph (2)(A), by striking ``and 2000'' and 
     inserting ``through 2004''.

  Mrs. HUTCHISON. Mr. President, this is an amendment to recapture 
unused EB-3 visas. Senator Schumer, Senator Kennedy and I have worked 
on this to try to assure that 50 percent of the unused EB-3 visas help 
resolve our serious nursing shortage. It is very important. These visas 
go out of existence and cannot be recaptured except by an act of 
Congress. They have already been authorized. We need to recapture the 
unused visas from 2001 to 2004, add to the number of nurses we can 
bring to our country, as well as the EB-3 engineers and educated 
workforce that are waiting in the wings.
  Mr. President, I ask all of my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. Mr. President, I thank my colleague from Texas. This is 
an amendment we have worked on together. As she said, it fills some 
badly needed positions without increasing the overall number. I hope we 
will support it.
  I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the amendment, 
as modified, of the Senator from Texas.
  The Senator from Georgia.


                 Amendment No. 418, As Further Modified

  Mr. CHAMBLISS. Mr. President, I ask unanimous consent to further 
modify my amendment No. 418 with the changes that are at the desk, and 
also add a number of cosponsors whose names are also at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as further modified, is as follows:

       On page 169, between lines 8 and 9, insert the following:


    prohibition on termination of existing joint-service multiyear 
              procurement contract for C/KC-130J aircraft

       Sec. 1122. No funds in this Act may be obligated or 
     expended to terminate the joint service multiyear procurement 
     contract for C/KC-130J aircraft that is in effect on the date 
     of the enactment of this Act.
  Mr. CHAMBLISS. I thank the Chair.
  Mr. PRYOR. Mr. President, I stand with Senator Saxby Chambliss and 
strongly support his amendment to ensure the C-130J contracts continue 
without interruption this year.
  The C-130J has quickly been adapted to play vital and unique roles in 
our national defense efforts. Today, both U.S. and Allied C-130Js are 
performing operational missions in CENTCOM with a mission capable rate 
of over 90 percent. The J performs missions in Iraq in 1 day that 
requires the C-130E or H model 2 days. It is equally critical for 
relief operations like the Tsunami effort in Asia, where lives were 
spared due to the C-130Js quick capabilities.
  I have made several visits to the Little Rock Air Force Base, the 
premier training facility for the C-130J, and I have seen first hand 
the J model's new features and capabilities. The C-130Js climb higher 
and faster, flies at higher cruise speeds, takes off and lands in a 
shorter distance, and is easier, safer and cheaper to operate than its 
predecessor.
  The military officials and troops who I have talked with want to 
continue using C-130Js and they depend on the model's new features on 
the ground. Cutting production of the C-130Js would not only deny our 
soldiers the cutting-edge technology they need on today's battlefield, 
but it would leave the Air Force and Marine Corps with an aging and far 
less capable tactical airlift.
  As I am sure my colleagues are aware, the Air Force recently grounded 
or severely restricted the flying of 90 C-130s due to old age. Eighty-
four of these carriers are assigned to the Active-Duty Air Force. By 
further terminating the contracts for C-130Js, we would be leaving the 
Air Force unable to meet its future tactical requirements. The Air 
Force will be 116 aircraft short of requirement and the Marine Corps 
will be short 18 aircraft.
  Terminating the C-130J contracts is short-sighted from a tactical 
standpoint, but it is also foolish from a financial standpoint. 
Terminating the current contracts could cost taxpayers more than the 
cost of building new carriers. Liability fees for ending the C-130J 
multiyear contracts are estimated at $1.3 billion for the Air Force and 
$0.3 billion for the Marine Corps for a total of $1.6 billion. This 
estimate does not

[[Page S3888]]

include the increased costs of maintaining aging planes.
  I urge my colleagues to support this amendment and help ensure our 
military has the equipment it needs to effectively and safely carry out 
their missions, now and in the future.


                     amendment no. 379, as modified

  Mrs. HUTCHISON. Mr. President, I ask for a voice vote on my 
amendment. We need to dispose of amendment No. 379, as modified.
  The PRESIDING OFFICER. The question is on agreeing to the amendment, 
as modified.
  The amendment (No. 379), as modified, was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mr. STEVENS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                             cloture motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Calendar No. 67, 
     H.R. 1268.
         Bill Frist, Mitch McConnell, Elizabeth Dole, Olympia 
           Snowe, Norm Coleman, Pat Roberts, Orrin Hatch, John 
           Cornyn, Craig Thomas, Michael Enzi, Larry E. Craig, 
           Trent Lott, George V. Voinovich, Bob Bennett, Pete 
           Domenici, Richard Burr, James Talent.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on H.R. 
1268, the Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Tsunami Relief, 2005, Humanitarian Assistance 
Code of Conduct Act of 2005, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The yeas and nays resulted--yeas 100, nays 0, as follows:

                      [Rollcall Vote No. 103 Leg.]

                               YEAS--100

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden
  The PRESIDING OFFICER. On this vote, the yeas are 100, the nays are 
0. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. McCAIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I ask unanimous consent to yield to the 
Senator from West Virginia for the purposes of proposing an amendment 
and then following that, I regain the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 516

  Mr. BYRD. Mr. President, I thank the very distinguished Senator from 
Arizona for his characteristic courtesy.
  I call up amendment No. 516 and ask that it be stated and temporarily 
laid aside.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 516.

  Mr. BYRD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

           (Purpose: To increase funding for border security)

       On page 187, after line 4, insert the following:


       reduction in funding for diplomatic and consular programs

       The amount for ``Diplomatic and Consular Programs'' under 
     chapter 2 of title II shall be $357,700,000.

                  Immigration and Customs Enforcement


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $389,613,000, of which $128,000,000, to remain available 
     until September 30, 2006, shall be available for the 
     enforcement of immigration and customs laws, detention and 
     removal, and investigations, including the hiring of 
     immigration investigators, enforcement agents, and 
     deportation officers, and the provision of detention bed 
     space, and of which the Assistant Secretary for Immigration 
     and Customs Enforcement shall transfer (1) $179,745,000, to 
     Customs and Border Protection, to remain available until 
     September 30, 2006, for ``Salaries and Expenses'', for the 
     hiring of Border Patrol agents and related mission support 
     expenses and continued operation of unmanned aerial vehicles 
     along the Southwest Border; (2) $67,438,000, to Customs and 
     Border Protection, to remain available until expended, for 
     ``Construction''; (3) $10,471,000, to the Federal Law 
     Enforcement Training Center, to remain available until 
     September 30, 2006, for ``Salaries and Expenses''; and (4) 
     $3,959,000, to the Federal Law Enforcement Training Center, 
     to remain available until expended, for ``Acquisition, 
     Construction, Improvements, and Related Expenses'', for the 
     provision of training at the Border Patrol Academy.

  Mr. BYRD. Mr. President, I ask that the amendment be temporarily laid 
aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I thank the distinguished Senator from 
Arizona.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I am obviously always glad to accommodate 
the most distinguished Member of the Senate from West Virginia.
  The emergency supplemental appropriations for Defense, the global war 
on terror, and tsunami relief for 2005 provides critical resources for 
our men and women in uniform and for our foremost foreign policy 
priorities. While I recognize the importance of its timely passage, I 
am concerned it includes a number of provisions that do not constitute 
``emergency spending.'' These items clearly should be debated and 
funded under the regular order.
  Before I go further, I would like to congratulate the distinguished 
chairman of the Appropriations Committee for the hard work that he and 
his staff have done in putting together this very vital appropriations 
measure to pursue the war on terror and, of course, the war in 
Afghanistan and Iraq.
  We ought to ask a basic question: What is the purpose of emergency 
appropriations? It is twofold. First, it is supposed to provide funding 
for critical expenditures beyond what was anticipated in the 
President's annual budget request; second, it is supposed to pay for 
vital priorities that simply cannot wait until next year's budget.
  What are the common elements? The unexpected and the time sensitive. 
Simply put, the purpose of the supplemental appropriations bill is to 
fund our country's urgent and unanticipated needs.
  We have to consider this in the context of a couple of comments that 
have been made recently. At a conference in February, David Walker, the 
Comptroller General of the United States, said:

       If we are to continue on our present path, we'll see 
     pressure for deep spending cuts or dramatic tax increases. 
     GAO's long-term budget simulations paint a chilling picture. 
     If we do nothing, by 2040 we may have to cut federal spending 
     by more than half or raise federal taxes by more than two and 
     a half times to balance the budget. Clearly, the status quo 
     is both unsustainable and difficult choices are unavoidable. 
     And the longer we wait, the more onerous our options will 
     become and the less transition time we will have.

  Is that really the kind of legacy we should leave to future 
generations of Americans?
  Referring to our economic outlook, Federal Reserve Chairman Alan 
Greenspan testified before Congress:


[[Page S3889]]


       (T)he dimension of the challenge is enormous. The one 
     certainty is that the resolution of this situation will 
     require difficult choices and that the future performance of 
     the economy will depend on those choices. No changes will be 
     easy, as they all will involve lowering claims on resources 
     or raising financial obligations. It falls on the Congress to 
     determine how best to address the competing claims.

  He said it falls on Congress. The head of the U.S. Government's chief 
watchdog agency and the Nation's chief economist agree we are in real 
trouble. We are in real trouble. Here is a radical idea for my 
colleagues to consider to help secure our economic future: Stop using 
scarce Federal dollars, taxpayers' dollars to fund unnecessary earmarks 
and all the other frivolous projects that do nothing to provide for the 
greater good of our Nation.
  A case in point of what this legislation is and should be all about 
is the urgent need of Balad Air Base in Iraq, a U.S. Army camp on the 
very front line of the war on terror. The service members who live 
there have nicknamed it ``Mortaritaville'' because of the frequency of 
insurgent mortar attacks. Balad is quickly becoming a hub for military 
operations in the Sunni Triangle and is home to more than 20,000 U.S. 
troops. As a result, the camp's infrastructure is becoming overwhelmed 
and requires more than $63 million to remain functional and effective. 
This camp needs emergency funding.
  The Department of Defense listed construction of a hospital facility, 
command and control buildings, and related equipment among its 
emergency needs for Balad, and appropriators in the House and Senate 
have rightly agreed to such funding. The DOD and our appropriators 
recognize these improvements to Balad are critical to our efforts in 
Iraq and the broader war on terror, and this is why we have an 
emergency supplemental appropriations bill to fund these types of 
needs.
  The bill includes many important provisions such as increased death 
benefits, military operational costs, recapitalization of equipment, 
and research and development associated with the war on terror to which 
I lend my strongest support.
  For example, this bill provides $1.285 billion in assistance to the 
security forces of Afghanistan; $5.7 billion for the security forces of 
Iraq; $227 million for counternarcotics activities in Afghanistan and 
Pakistan; and $44 million for humanitarian assistance in Darfur, Sudan.
  The foreign affairs provisions of this bill are remarkably free of 
pork. As one who supports ensuring that taxpayers' dollars are spent 
properly, I commend my colleagues and the chairman for their restraint 
in this area. Unfortunately, due to its ``must pass'' nature, a number 
of unauthorized provisions and funding not requested by the President 
and unrelated to defense or foreign affairs have been included in this 
bill, and literally hundreds of amendments have been attempted to be 
added to the bill. The administration's proposed definition of an 
emergency requirement is ``a necessary expenditure that is sudden, 
urgent, unforeseen, and not permanent.''
  We should do everything in our power to ensure this bill passes. But 
we must also ensure every item in it is of a true emergency nature.
  It is evident that some of my colleagues misunderstand the purpose of 
supplemental appropriations, and continue to seek to add spending to 
this bill that should be addressed as part of the regular 
appropriations process. In fact, there is an unmistakable trend turning 
emergency supplementals into a second budget request. Many programs 
that should be in the baseline budget are somehow finding their way 
into this supplemental. We must not allow this trend to continue--we 
must not allow the supplemental to become a de facto second budget.
  Let's look at a few examples of the kind of non-emergency spending 
that has found its way into this bill.
  There is $10 million for the University of Hawaii Library. I was 
unaware that the war in Iraq and Afghanistan was also being fought at 
the University of Hawaii's library.
  There is $2.4 million to the Forest Service to repair damage to 
national forest lands--surely a necessary expense--but one that should 
be funded through the proper process, beginning with an authorization 
and testimony by officials from the Forest Service in a public hearing.
  There is $23 million to the Capitol Police for the construction of an 
``off-site delivery facility.'' I'll be the first one around here to 
praise the U.S. Capitol police for the good work that they do--I am 
sure this facility is a high priority to them. But, again, let's 
provide funding for this through the proper process--public hearings, 
authorizing legislation, and the proper appropriations vehicle.
  There is language in the bill to increase authorized funds for a fish 
hatchery in Fort Peck, Montana, from $20 million to $25 million. I 
would like to know how a ``multi-species fish hatchery'' is related to 
the War on Terror. Does the author of such language believe the hatched 
fish may enlist in our armed forces? Was it requested by the President 
as an emergency need? No. Is this authorization related to the stated 
purpose of the supplemental? No.
  The bill also includes language authorizing the Secretary of the 
Interior to analyze the viability of a sanctuary for the Rio Grande 
Silvery Minnow in the Middle Rio Grande Valley. The Rio Grande Silvery 
Minnow is a stout silvery minnow with moderately small eyes and a small 
mouth. Adults minnows may reach 3.5 inches in total length. Perhaps the 
silvery minnow could enlist with the Fort Peck, MT fish. I will await 
the Secretary's study.
  The bill includes $500,000 for a study of wind energy in North Dakota 
and South Dakota. I believe we can all agree that this expenditure 
earmark is not urgent. In fact, I am not certain there is a need for a 
study as the wind energy potential in the Dakotas is well-established. 
And I don't know what it has to do with fighting the war on terror or 
aiding the tsunami disaster victims.
  Another $500,000 is earmarked to the University of Nevada Reno for 
the Oral History of the Negotiated Settlement project. I ask my 
colleagues, how is this useful to the war on terror? How is this an 
emergency need?
  No bill would be complete without several projects for the State of 
Alaska. The bill includes language that addresses how the Agriculture 
Department pays dairy farmers in Alaska. I certainly don't wish to 
neglect our Alaskan dairy farmers, but I cannot support prioritizing 
their payment issues over the needs of our soldiers.
  The bill includes $175,000 not requested by the President to remove 
the sunken vessel State of Pennsylvania from the Christina River in 
Delaware. That particular vessel has been at the bottom of the 
Christina River for more than a decade, is not endangering commercial 
traffic on the river, and I am sure Congress can wait to fund its 
removal during the regular appropriations process.
  Another $55 million is earmarked for a wastewater treatment facility 
in Desoto County, MS. How exactly does this help the troops?
  Not only do I have concerns with some of the provisions the 
Appropriations Committee included in this bill, as I have highlighted, 
I am very troubled by some of the amendments being proposed. I am well 
aware that many of my colleagues--and their staffs--have expressed 
frustrations about my objections to their amendments. I have, and will 
continue, to object to adopting certain amendments by unanimous 
consent. This is an ``emergency supplemental''--its not a Christmas 
wish list. I frankly do not understand the managers willingness to 
agree to some of these proposals. Some of them sound reasonable, but 
who can be sure? That is why the President's request is so important--
it is thought out and designed to carry out specific objectives that 
are urgent and necessary. I do not particularly care for being in the 
position of ``bad cop'', but so be it. But I cannot agree to unanimous 
approval of amendments that appear more wishful and urgent. For 
example, $1 million for lobster disease in the northeast. I do not 
doubt that this may be a problem but it simply does not belong on an 
emergency supplemental appropriations bill to fund the war. There is 
legislation regarding State regulation of hunting and fishing. I 
support this concept, and even cosponsored a bill last year to reaffirm 
the authority of State governments to regulate their own hunting and 
fishing programs. But the simple

[[Page S3890]]

fact remains that tacking this legislation onto a war-time emergency 
supplemental is both inappropriate and unnecessary. We can and should 
pass this bill through the regular legislative process.
  Tomorrow I will be joining with my friend from Oklahoma, Senator 
Coburn, in offering amendments to strike the most egregious, 
unnecessary, and non-emergency provisions from this bill. I urge my 
colleagues to support our efforts to keep this important legislation 
free from non-essential, pork barrel projects.
  Let me close by noting that I appreciate the hard work of the 
Appropriations Committee and their staff. Field visits were conducted 
in Afghanistan and the Middle East as the Committee diligently 
researched the DoD's many requests pursuant to the war on terror. But I 
am concerned about their decision to include unnecessary, nonemergency 
earmarks in this bill and the accompanying report. When considering 
military construction projects like those in Balad, Iraq, consideration 
was taken to determine whether the project was truly of an emergency 
nature. Why did the Committee not apply the same consideration to the 
fish hatchery in Montana?
  As I mentioned, on tomorrow I have a couple of amendments we will be 
seeking votes on. I hope we realize we have a looming deficit, a trade 
deficit, and unanticipated expenses concerning the war in Iraq. There 
was one high-ranking Defense official at the time of the beginning of 
the war in Iraq who said the oil revenues would pay for United States 
expenses. We are now up to close to $300 billion and we are not yet 
able to reduce our forces. I think we ought to take into consideration 
the fact that we will have continued, very significant expenses 
associated with the conflict in Iraq and in Afghanistan before we begin 
appropriating money for fish hatcheries and for libraries.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. I thank the Chair.
  (The remarks of Mr. Specter and Mr. Leahy pertaining to the 
introduction of S. 852 are located in today's Record under ``Statements 
on Introduced Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Nevada.


                           Amendment No. 440

  Mr. REID. Mr. President, on behalf of Senator Biden, I send an 
amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Biden, proposes 
     an amendment numbered 440.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To appropriate, with an offset, $6,000,000 for the Defense 
   Health Program for force protection work and medical care at the 
                      Vaccine Health Care Centers)

       On page 169, between lines 8 and 9, insert the following:


 force protection work and medical care at vaccine health care centers

       Sec. 1122. (a) Increase in Amount for Defense Health 
     Program.--The amount appropriated by this chapter under the 
     heading ``Defense Health Program'' is hereby increased by 
     $6,000,000.
       (b) Availability of Amount.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Defense Health Program'', as increased by subsection (a), 
     $6,000,000 shall be available for force protection work and 
     medical care at the Vaccine Health Care Centers.
       (c) Offset.--The amount appropriated by chapter 2 of this 
     title under the heading ``Global War on Terror Partners 
     Fund'' is hereby reduced by $6,000,000.

  Mr. BIDEN. Mr. President, I rise to offer amendment No. 440 on behalf 
of myself, Senator Bingaman, and Senator Carper to fully protect the 
health of our military personnel. Let me explain. The military 
regularly protects our troops by vaccinating them. There are vaccines 
to keep personnel healthy in the face of common illnesses like the flu 
and to protect them from biological warfare agents such as anthrax or 
smallpox.
  These force protection measures are important. Equally important is 
the recognition that not every person will react positively to a 
vaccination.
  Vaccines, even those generally considered safe, are still drugs put 
into the body. There will always be a small number of personnel whose 
bodies have an adverse reaction to a safe vaccine. In order to deal 
with this, the Vaccine Health Care Centers Network was established in 
2001.
  The centers act as a specialized medical unit that can provide the 
best possible clinical care to any military member, active duty, Guard 
or Reserve, or their family that has a severe reaction. They also 
advise the Department of Defense regarding vaccine administration 
policies and educate military health care professionals regarding the 
safest and best practices for vaccine administration. Their overall 
mission is to promote vaccine safety and provide expert knowledge to 
patients and physicians.
  Why is this so important? As many of my colleagues know, the number 
of adults who get regular vaccines is fairly small. While we have 
specialists who deal with childhood vaccinations and problems that 
might develop, the population of adults regularly vaccinated with 
anything more than the flu vaccine is small.
  In the military, the reverse is true. Military personnel are 
regularly vaccinated for travel, for threats relating to their theater 
of operation, and for thinks such as the flu.
  For this reason, it is essential that the military have a centralized 
place to capture the information on those who experience severe 
problems. In particular, because serious problems are rare, it is 
difficult for the average base physician to develop the expertise 
needed to provide the best treatment.
  Let me give my colleagues more specifics.
  In fiscal year 2004, the centers responded to over 120,000 emails and 
other consultation inquiries.
  They managed over 600 cases of prolonged adverse events, which means 
literally over 58,000 pages of medical information reviewed. These are 
very complex and specialized medical cases. They require personnel with 
expertise and the ability to dedicate significant time.
  Since beginning operations in 2001, the total number of cases managed 
through fiscal year 2004 is 1,341.
  Without the centers, that is over one thousand military personnel who 
would not have gotten the care they deserve. The best possible care we 
can provide.
  In addition to providing care and consultative services, the centers 
developed clinical guidelines and aids for physicians and nurses giving 
vaccines. Over 28,000 immunization ``tool kits'' were distributed. They 
have also provided ongoing education at bases through lectures and 
training.
  In addition, they have worked collaboratively with outside 
researchers to get the best possible analysis of the trends in cases 
that they do see.
  This has all been done by an extremely small staff--only one full-
time doctor, three nurse practitioners, and five educators and support 
staff at each of the four regional facilities. The value and medical 
services they have provided to the entire military family--Army, Navy, 
Air Force, Marines, and Coast Guard--has been extraordinary.
  Military personnel and their dependents are more confident in the 
vaccination programs and reports from those who do suffer adverse 
reactions are extremely positive regarding the care they now get from 
the centers.
  Why do we need to provide $6 million on the emergency supplemental 
for this? The reason is simple. The centers are in danger of losing 
part of their funding this fiscal year. They are currently funded with 
Army global war on terror money.
  I applaud the Army for recognizing the need for the centers and 
providing those funds from their wartime allocation. But the Army is 
only the executive agent for what is a defense-wide service. They 
cannot be the sole funder. I am very concerned that the funding this 
year is being redirected because other services have not budgeted for 
the centers' work, despite the fact that 46 percent of their cases were 
related to Air Force, Navy, and Marines personnel.
  Clearly, force protection in this time of war demands a good 
vaccination program. Equally clear, that program must include quality 
care for those who suffer adverse events in every service, not just the 
Army.

[[Page S3891]]

  In addition, as we look ahead, we all anticipate a growing need for 
biological defenses, particularly vaccines. We established Project 
BioShield for that very reason.
  At this point, there is no civilian equivalent to the Vaccine Health 
Care Centers Network, but I think we are going to need to consider 
setting up some collaborative effort to take advantage of their 
knowledge should a mass civilian inoculation become necessary.
  Let me also remind my colleagues that the Department of Defense asked 
for and received an emergency authority from the Department of Health 
and Human Services to begin administering the anthrax vaccine.
  I will not go into the technicalities of that, but it basically 
allows the military to vaccinate personnel with informed consent. If 
the Department believes it is an emergency to resume that vaccine, how 
can we consider preserving the Vaccine Health Care Centers any less?
  At the end of the day, this is very simple. We simply cannot mandate 
that military personnel take these vaccines and then abandon them when 
a problem arises.
  This is the same as providing a prosthesis to someone who loses a 
limb.
  If military personnel are injured because of their service to this 
Nation, we have an absolute obligation to give them the best possible 
care. Anything less is unconscionable.
  I urge my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, we have some requests to make on behalf 
of the managers of the bill with respect to amendments that have been 
cleared on both sides of the aisle. We understand there has been a 
review undertaken by staff to try to ensure that the amendments which 
are going to be presented to the Senate are consistent with the vote 
taken on cloture earlier in the day.


                           Amendment No. 343

  With that information, I call up amendment No. 343 on behalf of Mr. 
Pryor regarding Camp Joseph T. Robinson.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
laid aside.
  The clerk will report.
  The legislative clerk read as follows:
  The Senator from Mississippi [Mr. Cochran], for Mr. Pryor, proposes 
an amendment numbered 343.
  Mr. COCHRAN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To release to the State of Arkansas a reversionary interest 
                      in Camp Joseph T. Robinson)

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. The United States releases to the State of 
     Arkansas the reversionary interest described in sections 2 
     and 3 of the Act entitled ``An Act authorizing the transfer 
     of part of Camp Joseph T. Robinson to the State of 
     Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 
     429), in and to the surface estate of the land constituting 
     Camp Joseph T. Robinson, Arkansas, which lies east of the 
     Batesville Pike county road, in sections 24, 25, and 36, 
     township 3 north, range 12 west, Pulaski County, Arkansas.

  Mr. COCHRAN. Mr. President, I know of no request for debate on the 
amendment.
  The PRESIDING OFFICER. If there is no debate, the question is on 
agreeing to the amendment.
  The amendment (No. 343) was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.


                     Amendment No. 427, as modified

  Mr. COCHRAN. Mr. President, I call up amendment No. 427 on behalf of 
Mr. Durbin regarding Iraqi security services.
  Mr. President, I also send a modification of the amendment to the 
desk.
  The PRESIDING OFFICER. Without objection, the amendment is modified.
  The amendment (No. 427), as modified, is as follows:
       On page 169, between lines 8 and 9, insert the following:


                    reports on iraqi security forces

       Sec. 1122. Not later than 60 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit an unclassified report to Congress, 
     which may include a classified annex, that includes a 
     description of the following:
       (1) The extent to which funding appropriated by this Act 
     will be used to train and equip capable and effectively led 
     Iraqi security services and promote stability and security in 
     Iraq.
       (2) The estimated strength of the Iraqi insurgency and the 
     extent to which it is composed of non-Iraqi fighters, and any 
     changes over the previous 90-day period.
       (3) A description of all militias operating in Iraq, 
     including their number, size, strength, military 
     effectiveness, leadership, sources of external support, 
     sources of internal support, estimated types and numbers of 
     equipment and armaments in their possession, legal status, 
     and the status of efforts to disarm, demobilize, and 
     reintegrate each militia.
       (4) The extent to which recruiting, training, and equipping 
     goals and standards for Iraqi security forces are being met, 
     including the number of Iraqis recruited and trained for the 
     army, air force, navy, and other Ministry of Defense forces, 
     police, and highway patrol of Iraq, and all other Ministry of 
     Interior forces, and the extent to which personal and unit 
     equipment requirements have been met.
       (5) A description of the criteria for assessing the 
     capabilities and readiness of Iraqi security forces.
       (6) An evaluation of the operational readiness status of 
     Iraqi military forces and special police, including the type, 
     number, size, and organizational structure of Iraqi 
     battalions that are--
       (A) capable of conducting counterinsurgency operations 
     independently;
       (B) capable of conducting counterinsurgency operations with 
     United States or Coalition mentors and enablers; or
       (C) not ready to conduct counterinsurgency operations.
       (7) The extent to which funding appropriated by this Act 
     will be used to train capable, well-equipped, and effectively 
     led Iraqi police forces, and an evaluation of Iraqi police 
     forces, including--
       (A) the number of police recruits that have received 
     classroom instruction and the duration of such instruction;
       (B) the number of veteran police officers who have received 
     classroom instruction and the duration of such instruction;
       (C) the number of police candidates screened by the Iraqi 
     Police Screening Service screening project, the number of 
     candidates derived from other entry procedures, and the 
     overall success rates of those groups of candidates;
       (D) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction;
       (E) a description of the field training program, including 
     the number, the planned number, and nationality of 
     international field trainers;
       (F) the number of police present for duty;
       (G) data related to attrition rates; and
       (H) a description of the training that Iraqi police have 
     received regarding human rights and the rule of law.
       (8) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by the Coalition Forces, including defending 
     Iraq's borders, defeating the insurgency, and providing law 
     and order.
       (9) The extent to which funding appropriated by this Act 
     will be used to train Iraqi security forces in 
     counterinsurgency operations and the estimated total number 
     of Iraqi security force personnel expected to be trained, 
     equipped, and capable of participating in counterinsurgency 
     operations by the end of 2005 and of 2006.
       (10) The estimated total number of adequately trained, 
     equipped, and led Iraqi battalions expected to be capable of 
     conducting counterinsurgency operations independently and the 
     estimated total number expected to be capable of conducting 
     counterinsurgency operations with United States or Coalition 
     mentors and enablers by the end of 2005 and of 2006.
       (11) An assessment of the effectiveness of the chain of 
     command of the Iraqi military.
       (12) The number and nationality of Coalition mentors and 
     advisers working with Iraqi security forces as of the date of 
     the report, plans for decreasing or increasing the number of 
     such mentors and advisers, and a description of their 
     activities.
       (13) A list of countries of the North Atlantic Treaty 
     Organisation (``NATO'') participating in the NATO mission for 
     training of Iraqi security forces and the number of troops 
     from each country dedicated to the mission.
       (14) A list of countries participating in training Iraqi 
     security forces outside the NATO training mission and the 
     number of troops from each country dedicated to the mission.
       (15) For any country, which made an offer to provide forces 
     for training that has not been accepted, an explanation of 
     the reasons why the offer was not accepted.
       (16) For offers to provide forces for training that have 
     been accepted by the Iraqi government, a report on the status 
     of such training efforts, including the number of troops 
     involved by country and the number of Iraqi security forces 
     trained.

[[Page S3892]]

       (17) An assessment of the progress of the National Assembly 
     of Iraq in drafting and ratifying the permanent constitution 
     of Iraq, and the performance of the new Iraqi Government in 
     its protection of the rights of minorities and individual 
     human rights, and its adherence to common democratic 
     practices.
       (18) The estimated number of United States military forces 
     who will be needed in Iraq 6, 12, and 18 months from the date 
     of the report.

  Mr. COCHRAN. Mr. President, I know of no requests for debate on the 
amendment as modified.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment, as modified.
  The amendment (No. 427), as modified, was agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 399

  Mr. COCHRAN. I call up amendment numbered 399, on behalf of Mr. 
Dorgan, regarding the independent counsel investigation of Henry 
Cisneros.
  I know of no requests for debate on the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 399) was agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 560

  Mr. COCHRAN. I send to the desk an amendment on behalf of Mr. Shelby, 
regarding judicial security enhancements.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi, [Mr. Cochran], for Mr. 
     Shelby, for Mr. Kennedy, for himself, Mr. Durbin and Mr. 
     Obama, proposes an amendment numbered 560.

  Mr. COCHRAN. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To clarify funding for judicial security enhancements)

       On page 184, line 16, after ``$11,935,000,'', insert ``for 
     increased judicial security outside of courthouse facilities, 
     including priority consideration of home intrusion detection 
     systems in the homes of federal judges,''.

  Mr. COCHRAN. I know of no requests for debate on the amendment
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 560) was agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 561

  Mr. COCHRAN. I send to the desk an amendment on behalf of Mr. Reid of 
Nevada--technical in nature--and ask it be reported.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi, [Mr. Cochran], for Mr. Reid 
     of Nevada, proposes an amendment numbered 561.

  Mr. COCHRAN. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To modify the provision relating to agricultural and natural 
  resource conservation activities in the Walker River Basin, Nevada)

       In section 6017(b)(1)(A), insert ``appurtenant to the 
     land'' after ``water''.

  Mr. COCHRAN. Mr. President, I know of no requests for debate.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 561) was agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 562

  Mr. COCHRAN. My final request is to send to the desk another 
amendment on behalf of Mr. Reid of Nevada that is technical in nature. 
I ask that it be reported.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for Mr. Reid of 
     Nevada, proposes an amendment numbered 562.

  Mr. COCHRAN. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To modify the provision relating to the water lease and 
          purchase program for the Walker River Paiute Tribe)

       In section 6017(c)(2), strike subparagraphs (A) and (B) and 
     insert the following:
       (A) acquired only from willing sellers;
       (B) designed to maximize water conveyances to Walker Lake; 
     and
       (C) located only within the Walker River Paiute Indian 
     Reservation.

  Mr. COCHRAN. Mr. President, I know of no requests for debate.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 562) was agreed to.
  Mr. COCHRAN. I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, I thank the distinguished Senator, my 
friend from Vermont. He is a valuable member of the Appropriations 
Committee.
  Mr. President, I am pleased with the progress we have been able to 
make on this supplemental appropriations bill today. The Senate is 
working hard to ensure we consider requests that have merit which 
should be included in this bill.
  The focus of the bill, as everyone realizes, though, is on assisting 
and providing for our troops, the Department of Defense facilities that 
are located in Iraq, trying to help ensure we protect the forces we 
have there, giving them what they need to bring these operations to a 
successful conclusion. We have made tremendous progress there, as well 
as in Afghanistan, bringing an opportunity for peace and freedom to the 
people of both of those countries. It is quite amazing to see the 
success that has been achieved in that direction, as those nations 
continue to work to build the infrastructure for democracy and a 
growing economy.
  Our troops still need additional assistance, and that is why it is 
important for us to respond in a positive way to the requests of the 
administration to fund those needs and provide that assistance which 
will play such a critical role in their success.
  The funds appropriated in this bill will provide support, pay in 
allowances. It will provide additional equipment, more modern and more 
effective equipment, so that the chances of success will be enhanced.
  We do not want to drag out this supplemental unnecessarily. We need 
to complete action on the bill so we can go to conference with our 
counterpart committee, the Appropriations Committee in the House, and 
work out differences between the two bodies on this bill.

  We do not want to delay this supplemental. We do not want to endanger 
our troops and our national interests in those areas of the world and 
here at home by unnecessary delay.
  We appreciate the cooperation of all Senators. I thank everyone who 
has played a part today in our success in moving forward with this 
legislation.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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