[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 19963-19973]
[From the U.S. Government Publishing Office, www.gpo.gov]




 MAKING APPROPRIATIONS FOR SCIENCE, THE DEPARTMENTS OF STATE, JUSTICE, 
        AND COMMERCE, AND RELATED AGENCIES FOR FISCAL YEAR 2006

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
resume consideration of H.R. 2862, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2862) making appropriations for Science, the 
     Departments of State, Justice, and Commerce, and related 
     agencies for the fiscal year ending September 30, 2006, and 
     for other purposes.

  Pending:

       Lincoln amendment No. 1652, to provide for temporary 
     Medicaid disaster relief for survivors of Hurricane Katrina.
       Harkin amendment No. 1659, to increase the appropriation 
     for nationwide legal services field programs and to provide 
     additional funds to programs providing legal services to the 
     victims of Hurricane Katrina.
       Dayton amendment No. 1654, to increase funding for Justice 
     Assistance Grants.
       Biden amendment No. 1661, to provide emergency funding for 
     victims of Hurricane Katrina.
       Sarbanes amendment No. 1662, to assist the victims of 
     Hurricane Katrina with finding new housing.
       Dorgan amendment No. 1665, to prohibit weakening any law 
     that provides safeguards from unfair foreign trade practices.
       Sununu amendment No. 1669, to increase funding for the 
     State Criminal Alien Assistance Program, the Southwest Border 
     Prosecutors Initiative, and transitional housing for women 
     subjected to domestic violence.


                   Recognition of the Majority Leader

  The PRESIDENT pro tempore. The majority leader is recognized.


                                SCHEDULE

  Mr. FRIST. Mr. President, today we are resuming consideration of the 
Commerce-Science-Justice appropriations bill. Last night, we reached 
agreement to limit amendments to that bill. That agreement will allow 
us to finish this appropriations bill early next week. We are here 
today to give Senators the opportunity to offer amendments from that 
list. They will also have that opportunity on Monday. We will not vote 
on amendments during today's session, but we are prepared to debate 
additional amendments and schedule those votes for next week.
  Last night, we scheduled our first vote on Monday, and that will 
occur at 6:30 Monday evening. It will be on the motion to proceed to 
the resolution of disapproval regarding the regulations relating to 
mercury.
  As everyone is aware, the Judiciary Committee will begin its hearings 
on the nomination of Judge Roberts. I will be working with the 
Democratic leader to schedule floor votes around those hearings to 
provide the least amount of disruption of those proceedings. That means 
most of the voting will occur at the lunch hour or around midday and 
then later in the evening.
  Throughout this time, we will continue to focus our efforts on 
legislation related to the effects of Katrina. Yesterday, as my 
colleagues know, we acted very quickly on emergency court legislation 
so that those Federal courts could continue operations appropriately. 
As I have stated again and again, we will remain committed to respond 
and act expeditiously on any matter that can be cleared and that will 
assist in our recovery efforts in those affected States.


                        Hurricane Relief Efforts

  Mr. FRIST. Mr. President, I am pleased to report that last night, the 
Senate moved very quickly and passed a supplemental emergency aid 
package, a $51.8 billion bill that was signed and then about 2 hours 
later was signed by the President of the United States. It is a bill 
that aims directly at the critical rescue and relief efforts of the 
victims of Hurricane Katrina. Last night's action reflects the solemn 
commitment of the Congress and the President to the people devastated 
by the extreme disaster which has struck the Gulf Coast. I thank my 
colleagues for their hard work and determination to get this bill 
passed expeditiously. The clock was ticking.
  As of yesterday, the $10.5 billion we allocated during last 
Thursday's urgent session was nearly tabbed out. We knew at the time we 
passed this initial funding that more aid would be needed. What we did 
not know was the sheer magnitude of the catastrophe and how it would 
outstrip those relief dollars so quickly.
  By pulling together and responding in an efficient and quick manner, 
focusing on that essential task, at 7:30 last night we did pass that 
$51.8 billion bill. As a result of that, thousands of volunteers and 
responders will continue to do what they are doing so well right now 
along the Gulf Coast, and that is saving lives and providing aid. As I 
speak, over 65,000 Active-Duty and National Guard personnel are in the 
Gulf region conducting search, rescue, and voluntary evacuation 
operations. They are helping to restore washed-out roads, build 
bridges, and clear millions of gallons of toxic floodwater. They are 
providing critical health care, medical care, food, water, shelter, and 
security. Our thanks go out to them. Our gratitude goes out to each and 
every one of them. Many of those rescue workers, in fact, are putting 
their lives on the line as they deal day in and day out with an 
environment of destruction, of toxic chemicals, of toxic waters. We 
thank them for their dedication.
  When I was in New Orleans last Saturday and Sunday, just outside the 
terminal of the New Orleans airport, I had the opportunity to meet face 
to face with so many wonderful guard units. The 118th Airlift Wing, the 
Tennessee Guard based out of Nashville, was there in force. The 118th 
had been ferrying supplies and people in and out of that region over 
the course of the week, around the clock for days. Right now, the 118th 
AeroMed units are transporting the sick and the injured evacuees to 
locations all around the country. Again, I thank them in particular 
because they are from my home region of middle Tennessee, but I thank 
all of those Guard units and Active military that are contributing with 
untiring dedication and commitment.

[[Page 19964]]

  FEMA continues to aggressively provide support and sustenance for the 
hundreds of thousands of families whose lives have simply been 
shattered by this disaster. In 1 week, over a quarter of a million 
people have been evacuated and placed in over 200 shelters across 17 
States. Each one of those shelters has affiliated with it many 
shelters, but it gives some feeling of the magnitude that there are 
some formal shelters in 17 States.
  Countless citizens all across the country are pitching in and giving 
money and donating their services and giving hope to those displaced 
individuals and families. Huge efforts are underway to locate those 
missing persons, people who have been separated from their friends and 
from their families. From the very beginning, we have seen a great 
outpouring of the American spirit, compassion, and care from private 
citizens, church groups, college groups, doctors, nurses, grandparents, 
moms, and dads--all being on the front lines helping neighbors in 
distress.
  Several of my colleagues have heard me tell the story of last 
Saturday and Sunday at the New Orleans airport where triage was 
underway, thousands of people were being brought in the door of that 
terminal. One out of four had some special need, some health care need, 
some medical emergency. To see the operation of four college students 
from the University of Texas helping carry people up to the triage unit 
side by side with our Guard units maintaining security the best they 
possibly could, coupled with the DMAT units, disaster medical 
assistance units, that have come from Florida, Pennsylvania, and really 
from all over the country--it was an amazing outpouring of people 
working together under the most trying circumstances, circumstances 
that minute by minute got worse and worse and worse. But everybody was 
pulling together, helping people in distress.
  A vivid image I think of throughout the day is two people on 
stretchers side by side on the floor in that very dark terminal in the 
midst of all that chaos in so many ways with so many people coming in, 
and those two people not knowing each other but taking care of each 
other's needs, helping each get a little bit of water, a little bit of 
food, or stopping somebody, the assistance one patient would give 
another patient, somebody they had never seen before. Again, there was 
this outpouring of compassion, love, and volunteer spirit.
  Today in the private sector, individuals and businesses have 
spontaneously donated well over $300 million to this effort. It is 
growing by hundreds of thousands of dollars every day--again, a 
representation of the outpouring of generosity, concern from 
individuals, corporations, and businesses. It is this outpouring of 
compassion and support that is a testament to our national character, 
the character of being an American.
  Here in the Senate, we have worked around the clock, as people have 
seen, with the emergency session last Thursday, and it continues today. 
We convened the emergency session Thursday and passed an emergency 
supplemental of $10.5 billion, and then the $51.8 billion last night. 
The committee chairmen have all been charged and are working very hard 
crafting legislation to meet the urgent and long-term needs of the 
hurricane survivors.
  This week, Speaker Hastert and I announced the formation of a 
bicameral--that is, House and Senate--bipartisan committee to conduct a 
top-to-bottom investigation, analysis, review of the emergency 
preparation and response to Hurricane Katrina. The committee will be 
made up of senior Members. It will report back to this body no later 
than February 15. They are going to review the emergency plans that 
were in place at the local level, at the State level, and at the 
Federal level, and how they interacted with each other, what went wrong 
and what went right. They will assess how local, State, and Federal 
governments actually responded, and when things went wrong, we will 
find it and we will correct it as we prepare for the future. Our 
committees will have legislative authority and will work with that 
joint committee based on those findings to legislate accordingly.
  The Energy Committee this week held hearings on the surge in gas 
prices and what can be done to bring them down. We passed legislation 
to get the Federal court system in the affected areas up and running.
  There are a lot of moving parts. We will continue to focus on 
legislation that answers the immediate response and relief, moving 
other business aside. Thousands of people need our help, and the three 
States need to recover and rebuild.
  Yes, all of this is a massive undertaking. It is an undertaking that 
is going to force us to think out of the box, to think innovatively, to 
think creatively, to think in ways that we just simply have not thought 
before. In many ways it is inexcusable to have a response which is not 
seamless, which is not efficient, which is not focused on seamless 
communication. We are going to fix what is broken and we are going to 
do it aggressively, thinking creatively, innovatively, and out of the 
box.
  As the Senate moves forward, helping the victims of the hurricane is 
our No. 1 priority. We are working through essentially three phases. 
And when I say phases, I think chronologically, but it is simultaneous 
phases. First is that immediate response to the victims who are in 
need, to the displaced persons, to continue that search and rescue. 
Whatever it takes, this body will make that an ongoing priority.
  The second element is the longer term rebuilding and reconstruction 
and revitalization of that entire Gulf State region. That is a major 
focus. It is a focus that has already begun, but it is also a much 
longer focus. It will take weeks and months and years. And that focus 
is something that needs to be a part of our agenda, is a part of our 
agenda, and each of our committees is looking at that.
  The third element is an analysis of what went wrong and what went 
right. We will be doing that through our committee structure as well as 
the joint committee that has been established by the Speaker and me.
  We need to cut the redtape and bureaucracy that is getting in the 
way. We hear it again and again and again. I have asked each of the 
committee chairmen to expedite proposals, suggestions to leadership, so 
we can consider those in this Chamber.
  In closing, the Senate and the American people are committed to 
helping the Gulf Coast rise again in a bigger way, a better way, and a 
more prosperous way than ever. It will require us to think innovatively 
and creatively. In this hour of need, in this hour of tragedy and 
unrest, we can also find great opportunity and great reason for hope. 
We stand shoulder to shoulder with our neighbors from the Gulf today, 
tomorrow, and in the months ahead.
  Mr. President, I yield the floor.
  The PRESIDENT pro tempore. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I am pleased today to return to the 
consideration of H.R. 2826, the Commerce, Justice, Science and Related 
Agencies Appropriations for the fiscal year ending September 30, 2006. 
I thought we had a very productive opening day yesterday. We heard from 
many of our colleagues. We will continue to do that. We have several 
amendments that we are in the process of reviewing on both sides of the 
aisle here, and we are doing our best to consider the views and 
concerns of all Members.
  Again, I would like to reiterate this morning how important it is 
that Members let me and Senator Mikulski and our staffs know of any 
amendments they plan to offer. I urge those Senators with amendments to 
come to the floor. This is a very important bill. This funds a lot of 
very important agencies, and the quicker we can realize what we have to 
do and how we are going to go about it, the better off we are and we 
will expedite this legislation.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.

[[Page 19965]]

  The PRESIDING OFFICER (Mr. Isakson). Without objection, it is so 
ordered.


                       Honoring Our Armed Forces

                     Lance Corporal Kevin S. Smith

  Mr. DeWINE. Mr. President, I rise this morning to honor a fellow 
Ohioan, a young man from Springfield. Twenty-year-old LCPL Kevin S. 
Smith was killed on March 21, 2005, when a suicide bomber detonated an 
explosive-filled car against Smith's Humvee. Lance Corporal Smith was 
conducting stabilization operations in Al Anbar Province, protecting 
Iraqi civilians he had been among for less than a month.
  Kevin Smith had a profound sense of duty. Before he had even 
graduated from high school, he knew he wanted to be a marine. At a very 
young age he had the resolve to defend his country abroad, and as Kevin 
grew he developed the thoroughness, the competence, and the compassion 
that helped him serve with distinction.
  Kevin Smith was born on September 24, 1984, in Springfield to proud 
parents Ronald and Kathy Smith. Growing up, Kevin enjoyed baseball and 
playing his guitar. He attended Kenton Ridge High School where he was a 
member of the Spanish National Honor Society. Marsha Stoner, head of 
the society, taught Kevin for 3 years. She recalls immediately noticing 
him in her class, and at the ceremony in Kevin's honor described her 
former student as ``genuine, kind, and gentle.''
  Principal Chuck Foss remembers Smith as the kind of person who ``just 
did things the way they were supposed to be done.'' He continues: ``I 
would take a whole school of kids like him.''
  Indeed, our whole country could use more men such as Kevin Smith.
  School was not the only place Kevin showed his reliability and 
personal strength. As those who own older cars know well, sometimes 
your own automobile becomes your greatest challenge. Kevin owned a 
decaying 1993 Toyota Celica that he lovingly named ``Doughnut.''
  With spare parts and elbow grease, Kevin kept the Celica in working 
condition long after this ``doughnut'' should have sputtered its last 
sputter.
  Kevin had the drive it took to keep that aging car running. He saw a 
job that needed doing, and made sure it got done right. Also, while 
working on the car, Kevin developed the ingenuity he would later apply 
in the Marines. Lance Corporal Smith could disassemble a medium machine 
gun--twice--in a minute and forty-eight seconds.
  Kevin met his fiancee, Kristi Leider, at Kenton Ridge. They planned 
to marry. Kevin looked forward to becoming a husband and becoming a 
policeman so he could protect his family and his community. But first, 
there was something he had to do. He had to protect his Nation as a 
Marine.
  After graduating from Kenton Ridge in 2003, Kevin departed to serve. 
In Iraq, he was a member of the 3rd Battalion, 2nd Marine Regiment, 
known to marines as the three-two. Kevin Smith was a natural leader, 
always the last to bed after checking on every member of his team. 
Sergeant Clive S. Chinatomby, Kevin's squad leader, had the following 
to say about Lance Corporal Smith:

       He was a team leader and was the first one to jump up and 
     volunteer for anything. Anytime I'd go to him with something, 
     it would get done.

  Kevin Smith would get it done--and he would get it done right.
  Lance Corporal Smith was more than just able and dedicated. He was 
compassionate. Smith would joke with his team, telling them clever one-
liners as they patrolled. He not only did his best to protect the 
Marines around him from the physical perils of war, he shielded them 
from the stress and tension of being under constant threat. At a 
memorial service following Kevin's death, Sergeant Chinatomby attested 
to Kevin's infectious good humor:

       He kept me on my toes. Everything in life had a smart 
     comment. He always had a come back for you, and he taught me 
     not to take life that [seriously], because there is always a 
     lighter side to things. He made situations a lot less 
     stressful.

  Tragically, on March 21, 2005, Kevin's squad lost a friend, his 
parents lost a son, and the United States lost a brave and dedicated 
Marine.
  Kevin's Company First Sergeant, J.W. Rovnak wrote this message to the 
Smith family as a tribute to the kindness and service Kevin gave the 
men of the three-two:

       It is difficult to express the loss the men and I share 
     here in Iraq. We bite back tears and mourn quietly in dark 
     corners as we focus on the task at hand. We live for the day 
     that we can grieve with you and try to give back to you all 
     that Kevin has blessed us with. He lives in us, and our lives 
     are forever touched and changed because of him. I am honored 
     to have known him. Semper Fi.

  Nathan Heironimus, Kevin's childhood friend, remember his kindness, 
good humor, and dedication. He wrote Kevin the following message in 
tribute:

       Kevin--We had some good times these past fifteen years or 
     so--playing backyard sports and videogames as kids, [playing] 
     music, and cruising around in [old doughnut]. It seems like 
     we did it all. You'll always be remembered by me as an easy-
     going comedian who just knew how to take it easy and enjoy 
     life to the fullest. Easy to talk to and determined, I know 
     you were a great leader for your team like you always were. 
     We're all proud of what you've done for our country!! I know 
     you're up there smiling down on us all now.

  Kevin was as good a soldier as this country could ask for. He got the 
job done, he was trusted and loved by his fellow Marines, and he was 
dedicated to the protection of democracy--be it abroad or at home.
  Lance Corporal Smith offered us his blood, sweat, and tears. He left 
an indelible mark on this world. He will never be forgotten. His family 
and friends honor the sacrifice he made, the Marines of the three-two 
honor the sacrifice he made, and today, I honor that sacrifice.
  My wife, Fran, and I continue to keep Kevin's fiancee, his parents, 
and his sister in our thoughts and in our prayers.


                      SERGEANT MICHAEL FINKE, JR.

  Mr. President, I rise today to pay tribute to Marine Sergeant Michael 
Finke, Jr, who was one of 31 servicemembers killed when their 
helicopter crashed near Rutba, Iraq, on January 26, 2005. After 
securing Fallujah for the upcoming elections, 28 year-old Michael and 
his unit were being transported north for another security mission.
  Born in Scottsdale, AZ, on October 31, 1976, Michael moved to Medina, 
OH, when he was 6. Michael was a quiet boy--polite and considerate. His 
father, Michael Sr., remembers his son ``[making] friends everywhere he 
went. He was a practical joker. He didn't smile very much, but boy, 
when he did--when he laughed--everybody knew they should be doing it, 
too.''
  Michael always dreamed of becoming a Marine. His mother, Sally Rapp, 
remembers that ever ``since [Michael] was a little guy, he always 
talked about being a Marine.'' He not only talked about it, he tried to 
do something about it. When Michael was 15, he sent the Marines a 
postcard, lying about his age and informing them he would like to 
enlist. When this attempt failed, Michael tried again the following 
year. This time he received a letter in return, telling him to get into 
shape. When he turned 17, Michael was finally able to realize his dream 
of being one of the few and the proud. With the signed consent of his 
father, he enlisted in the United States Marines Corps.
  Before he became a Marine, Michael was a student at Medina High 
School and then at Huron High School. Michael played football and 
baseball. He was the catcher on the 1995 Huron high school baseball 
team that won the Sandusky Bay Conference Championship. It was the 
first time Huron had won the conference since 1987. Michael's coaches 
remember him as a nice young man and a team player. One of his baseball 
coaches, Don Wood, said that Michael was ``a kid [who] worked hard and 
did his best every day he came out.''
  Michael also sang in a mixed choir during his senior year of high 
school. His choral director remembers Michael as `` . . . a quiet guy, 
even in choir. He was a good student for me. The quiet ones tend to be 
good students.''
  While Michael enjoyed the benefits of high school life--playing on a 
championship baseball team, singing in the choir, hanging out with his 
friends--he

[[Page 19966]]

was very much looking forward to life as a Marine. You see, Michael 
came from an honorable line of military men. His grandfather was a 
Marine and his father was a member of the 101st Airborne, serving as a 
helicopter door gunner during the Vietnam War--service for which he 
earned the Bronze Star.
  With such a military tradition in his family, it is easy to see why 
Michael was so interested in becoming a Marine. Long after he had 
joined the service, Michael's mother found an old briefcase that 
Michael had used to store his Marines memorabilia. It was stuffed with 
brochures and information packets. As his mother says, ``I think he 
spent half his life at that recruiting office!''
  Michael's younger brother, Tim, was always skeptical of Michael's 
desire to become a Marine. But, when Michael came home wearing his 
dress uniform for the first time, Tim was convinced that it was the 
right thing. He said: ``[Michael] was only 5 foot 6 inches tall, but 
[in that uniform] he looked 8 feet tall. He was bigger than life. I 
understood why he wanted to be a Marine.''
  Indeed, the Marine uniform--representing bravery, sacrifice, and 
honor--was a perfect fit for Michael Finke.
  After boot camp, Michael was assigned to Camp Pendleton, California. 
It was there that he met his soul mate, Heather Dohrman. The two 
married on October 11, 2002, in Las Vegas. Because of Michael's duty 
assignments and Heather's education commitments, the two were only able 
to spend a limited amount of time together. But they made every moment 
count. They were deeply in love and had planned to start a family once 
Michael returned from Iraq.
  Michael almost wasn't deployed to Iraq. He was serving on the USS 
Essex and when the roster of Marines aboard who were being deployed to 
Iraq was posted, and--to his dismay--Michael's name was not on the 
list. He lobbied his superiors, begging to go with his men--his friends 
his brothers. Upon hearing that her son was actively seeking a tour in 
Iraq, his mother asked Michael, ``Are you crazy?!'' His response rings 
true to the core beliefs of all Marines. ``That's my family,'' Michael 
said. ``I have to be with my family.''
  Michael found Iraq to be a dangerous, yet inspiring place. He was 
privy to the daily death and destruction that defined the city of 
Fallujah, as he and his unit helped to provide security for the city. 
But, he was also deeply involved with the children of Iraq. According 
to his grandmother, Donna Thompson, ``[Michael] said the kids were 
absolutely wonderful children. He just adored them.'' He also told his 
mother, Sally: ``Mom, I just love the kids, I just look in their eyes, 
and I know the future of Iraq is in the children.'' Michael truly 
believed in his mission--that he was helping protect the freedom and 
futures of Iraqis, as well as Americans through his service.
  Michael Finke was a great Marine. Sergeant Major Ramona Cook recalls 
serving with Michael. In an email posted to an Internet tribute to 
Michael, she wrote:

       The news of Sergeant Finke's death was numbing, and it 
     hurt. I had the pleasure of serving with Sergeant Finke as 
     his 1st Sergeant at Camp Pendleton. His caring attitude and 
     calm demeanor set him apart, and he was truly a leader of 
     Marines. I hope his family finds some solace in knowing that 
     Michael died a hero, and will forever be remembered and 
     missed.

  Michael Finke, Jr., was an exceptional human being, who was loved by 
his wife, his family, his friends, his fellow Marines, the children of 
Iraq, and anyone else who came into contact with him. He was a living, 
breathing exemplar of the Marine Corps' values: honor, courage, 
commitment. Michael grew up desperately wanting to become a Marine and 
upon achieving that goal, he served with dedication and distinction.
  One of the people Michael admired was General George S. Patton. In 
regard to how we honor our fallen servicemen and women General Patton 
once said this:

       It is foolish and wrong to mourn the men who died. Rather, 
     we should thank God that such men lived.

  We are indeed thankful to God that Michael Finke, Jr., lived. He was 
a good person--a loving, selfless, passionate man. This earth is a 
better place because of him and because he lived.
  My wife Fran and I continue to keep Michael and his wife, parents, 
and siblings in our thoughts and prayers.


                        Corporal Timothy Knight

  Mr. President, I rise today on the floor of the Senate to honor the 
life of 22-year-old Marine Corporal Timothy Knight. On January 26, 
2005, Timothy, from Brooklyn, OH, and 30 fellow servicemembers were 
killed when the helicopter they were riding in crashed near Rutba, 
Iraq. Timothy, or ``Timmy'' to those who know him, was a member of the 
1st Battalion, 3rd Marine Regiment, 3rd Marine Division.
  Timmy's mother, Jeannie, remembers her son growing up as a ``normal 
Brooklyn kid.'' He was interested in sports and the outdoors. He was 
outgoing and likable--respectful and easy-going. Timmy was well-liked 
in the community and at school.
  He attended Brooklyn High School, where he played football and ran 
track. Teachers from Brooklyn remember him as a good student, who was 
always roaming the hallways with a confident gait--a confidence that 
came from knowing he would someday become a U.S. Marine.
  That is what he wanted to do. Ever since he was eight years-old, 
Timmy knew he wanted to serve in the Marine Corps. He was fascinated by 
the discipline and the sharp uniforms. And, after watching war movies 
with his father, he would spend hours dreaming of the heroic adventures 
he would eventually embark upon.
  Before joining the Marines, however, Timmy pursued another career 
interest--and that was law enforcement. He decided to attend the 
Polaris Career Center while in high school and take law enforcement 
classes. Upon completion of his service in the Marines, Timmy hoped to 
become a State Trooper or a U.S. Marshall. He came one step closer to 
this goal when he graduated from Brooklyn High School and Polaris 
Career Center in May 2001.
  Going all the way back to the 3rd Grade, Timmy had his eye on yet 
another goal--someday marrying a girl named Gina Delligatti. Now, this 
took a few years of convincing on Timmy's part. Let's just say that the 
two didn't get off on the right foot. According to Gina, Timmy was 
constantly teasing her. This ``teasing'' continued from grade school 
into high school, when Timmy was no longer interested in making fun of 
Gina, but rather just interested in her. This teasing-turned-flirting 
eventually caught Gina's attention, and she remembers Timmy, little by 
little, ``growing on [her].''
  The 8th of May 2000 was a serendipitous day for Timothy Knight. He 
was mourning for his beloved dog, which had just passed away. Gina came 
over to console him and seeing how upset he was, tried to lift his 
spirits. She agreed to start dating Timmy. After nearly a decade of 
teasing and flirting, Timmy and Gina finally became a couple. And, they 
never once looked back.
  Timmy and Gina were two people made for each other. Their senior 
class voted them ``Most Popular Couple.'' Two years after graduating, 
in November 2003, Timmy and Gina were married. Those attending the 
ceremony may have noticed that Gina was not wearing any shoes. The 
reason was that Timmy was about 5 foot 6, and Gina was a little bit 
taller. Timmy, in fact, frequently used the nickname ``Big Bird'' when 
referring to Gina. So, in deference to Timmy not wanting to ``look 
really short'' next to a high-heeled bride, Gina went shoeless for the 
ceremony.
  Such compromises were common for Timmy and Gina. She remembers Timmy 
as her best friend. She said that ``he was a great husband, who cleaned 
the car every Sunday and cooked. He really only cooked two dishes that 
I had taught him, but he cooked! Not everyone can say that about their 
husband!''
  When people who knew Timmy describe him, the first thing that usually 
comes to mind is his sense of humor.

[[Page 19967]]

His mother remembers his laughter and ability to make people feel at 
ease. Gina remembers Timmy being something of the ``class clown'' in 
high school. And, from what she has heard from the other Marines in 
Timmy's unit, he could always be counted on to lighten the mood when 
things got bad. Gina and others remember Timmy's smile:

       It was a grin that made you laugh. And, you laughed despite 
     him having done something to make you mad. So, even though 
     you wanted to wring his neck, you grinned back at him, 
     because you had to. He just had that way about him.

  While Timmy was deployed in Iraq, Gina gave birth to a daughter named 
Chloe. Timmy never got to meet his daughter, but Gina believes he would 
have been a fantastic father. I have no doubt that would be the case.
  Timothy Knight's life was cut tragically short on that January day 
when his helicopter went down. Thirty-one sets of parents lost their 
children on that fateful day. One parent, Sally Rapp from Westlake, OH, 
and the mother of Army Sergeant Michael Finke, understands the pain 
that Timmy's mother Jeannie experienced when her son was killed. She, 
too, lost her son that day. Sally wrote the following wrote in an email 
message posted on an Internet tribute after Timmy's death:

       My son, Sergeant Michael Finke, was on the helicopter with 
     Tim. My condolences to the family, as I share in the pain of 
     losing one so loved. We are forever united through the 
     sacrifices that our young men were willing to make. Thank you 
     and God Bless.

  While there are no words that can ever ease the pain of losing a 
child, we may take solace in knowing that both Timothy Knight and 
Michael Finke made use of every moment they lived. As Adlai Stevenson 
once said, ``It is not the years in your life, but the life in your 
years that counts.''
  Indeed, Timothy Knight lived a lot of life in those 22 short years. 
Timothy Knight lived his life to its fullest as an easy-going kid from 
Brooklyn, OH, who loved his wife, his family, and his new daughter, 
Chloe. We honor him today on the floor of the U.S. Senate, because he 
put his love for his country, his love for our freedom and the freedom 
of others, first--above all else. He gave his life in the hope that 
Chloe's generation would see a safer, more stable world.
  We will always honor his life and never forget his sacrifice.


                    PRIVATE FIRST CLASS JASON SPARKS

  Mr. President, on September 16, 2004, more than 1,000 people gathered 
in the Monroeville, OH, high school gymnasium to say goodbye to one of 
their own--Army Private First Class Jason Sparks, who died while 
bravely serving in Operation Iraqi Freedom. Those who gathered could 
not help but think that this brave young man was very much alive just 
14 months ago in that same gymnasium--receiving his high school 
diploma.
  Members of the high school football team, clad in their black and 
gold uniforms, escorted the body of 19-year-old Jason out of the high 
school for the last time.
  Jason Sparks was a well-adjusted young man, who could make anyone 
smile. In his all-too-brief 19 years on this earth, he made a lasting 
impression on all those who knew him.
  Jason was born to loving parents--Scott and Lisa Sparks. Even as a 
young boy, Jason was outgoing. His dad remembers his young son as a 
``child who loved everyone he came into contact with'' and who ``didn't 
have a shy bone in his body.'' He remembers Jason asking him for hugs 
by saying, ``Big hug! Big hug!''
  At Monroeville High School, classmates and teachers remember Jason as 
the outgoing kid who was always smiling. Not only did students love to 
be around him, so did the teachers. Principal, David Stubblebine, 
describes Jason as ``the kind of kid who would walk into the office, 
plop down, and say, `How ya' doing?''' Janet Gerber, a counselor at the 
school, remembered Jason as honest and straightforward--and always 
helpful around the office.
  Jason was also very athletic. He pitched and played first base on the 
baseball team and played special teams, tackle, and guard on the 
football team. Ben Paul, the school's athletic director, remembers 
Jason as ``the kind of athlete who put team goals ahead of individual 
goals. He was an integral part of that team's success. He was a hard-
working kid and a good athlete.''
  Outside of school, Jason loved playing on his Xbox video game system 
and hanging out with friends. He also worked at two fast food 
restaurants in nearby Norwalk, OH. It was there that he met the love of 
his life, Jennifer Smith.
  Jennifer remembers meeting Jason while the two worked together. In 
the beginning, she wasn't interested, but Jason persisted and the two 
became friends. The friendship slowly evolved into something more and 
Jason eventually proposed and they got engaged.
  After graduating from high school in 2003, Jason was looking for a 
way to prepare for college and, eventually, dentistry school. He 
decided to join the Army, as did his fiance Jennifer. Jason trained 
with the 1st Battalion, 503rd Infantry, 2nd Infantry Division at Camp 
Casey, Korea, before heading to Kuwait. While there, the military 
newspaper, Stars and Stripes, asked him how soldiers deal with training 
in the intense Kuwaiti heat. Jason replied that after South Korea, it 
didn't bother him too much, and he would advise drinking a lot of 
water. Jason excitedly called his family to tell them that he was 
featured in the article.
  Jason made sure to call his family often--especially his 6-year-old 
sister, Sarah. Scott Sparks noted that despite their age difference, 
Jason and Sarah were very close. His mom Lisa loved to hear from her 
son, whom she called, ``a hugger, not a fighter.''
  In early September 2004, Jason was sent to Iraq, and tragically--less 
than a week after his arrival--he was killed when insurgents fired on 
his patrol.
  In an email posted on an Internet tribute following Jason's death, 
fellow soldier Private First Class Anthony P. Herber of Norwalk, OH--
who, at the time of writing his message was stationed in Mosul, Iraq--
wrote the following:

       Jason--you were my best friend, and I will never forget 
     that you are the reason that I am still here today. You were 
     a caring person, and nobody will ever forget that. I miss you 
     man, and as I sit here in Iraq, I just hope I can be the hero 
     you are to all of us.

  The tight-knit community in Monroeville also deeply felt Jason's 
loss. The flag hung at half-staff at the high school, and those 
gathered for the football game on a September night heard a tribute to 
their fallen classmate. Dick Winslow, commander of American Legion Post 
547 in Monroeville said that ``Jason sacrificed his life in Iraq for 
the cause of freedom. Jason rubbed shoulders with us. He was one of 
us.''
  On September 16, 2004, hundreds of mourners lined the funeral 
procession route to show their support for the Sparks family. In 
response to this outpouring, Scott Sparks remarked that ``[Jason] 
touched a lot more people's lives than we ever knew.''
  Indeed, Jason Sparks touched countless lives around the world through 
his service to America and his support of the Iraqi people. I'd like to 
conclude my remarks with the heartfelt words of Deanna Morgan Mack, a 
friend of Jason's from Monroeville on whom Jason had a strong, lasting 
impact. Deanna wrote the following:

       Jason . . . you were such an amazing friend. . . . I do not 
     know of anyone who didn't love you. I'll never forget the 
     times seeing you at church or at the high school. . . . I 
     know that we never really talked that much but whenever I'd 
     see that smile of yours that could brighten up a room, I 
     couldn't help it and had to smile, too.
       I'll never forget when [my brother] was sick one day and 
     mom sent me in to get his Homework and I saw you standing 
     there. I was in the worst mood possible and had tears running 
     down my face. You bent down so we were eye to eye, and as you 
     wiped the tears away with that million watt smile, you asked 
     me what was wrong and if there was anything that would make 
     it better. I was between the ages of 10 and 11 and as a 
     little kid the only thing I thought would make it better was 
     an ice cream. I told you that, and you said, ``Well I don't 
     know if I can give you that, but I can tell you this--
     whatever your problem, God will help you solve it.'' And 
     then, you just smiled again as you eased your way upwards. I 
     thought about your words, and it wasn't until a couple years 
     ago that I actually understood what they meant.

[[Page 19968]]

     But, I'll always remember how I walked out of that office 
     with the biggest grin on my face. Thank you for being like an 
     older brother to me, Jason. I'll always look up to you in 
     Heaven above. And, when I have a problem, I think that before 
     I ask God, I'll ask you, and I'll picture that smile and know 
     that everything will be okay again. I love you and miss you 
     with all my heart Jason Lee Sparks. May God rest your soul.


                        Specialist Gavin Colburn

  Mr. President, I rise today to honor a fellow Ohioan and brave 
soldier. Army SPC Gavin Colburn, from Frankfort, served with the 542nd 
Transportation Company in Iraq. Specialist Colburn lost his life on 
April 22, 2005, when a roadside bomb detonated alongside his convoy. He 
was 20 years old.
  Gavin Colburn sacrificed his life for the safety of the American 
people, the survival of a new Iraqi freedom, and for the men and women 
serving alongside him. He continued to give of himself even during the 
last moments of his life. When the roadside bomb exploded near his 
vehicle, Specialist Colburn threw his body over fellow soldier Michelle 
Pfister, shielding her from the blast. Specialist Colburn had promised 
Michelle's father that he would watch out for her. He kept his promise.
  Gavin was born on January 24, 1985, in Washington Court House, OH. He 
attended Adena High School in Frankfort, where he was a member of the 
basketball and track teams. His basketball coach, Mike Patrick, 
described him as a ``consummate teammate,'' with a great physical 
energy--a sentiment shared by Gavin's close friend, Andrew West. ``We'd 
all complain that we had to run so far,'' said West. ``Gavin never 
complained.'' Whether as a member of the track team or as a member of 
an Army company, Gavin was the ultimate teammate.
  In eighth grade, Gavin befriended Andrew. Gavin treated Andrew, who 
was younger, like a brother, teaching him the simple truths that help 
boys become good men. Andrew remembers Gavin as endlessly patient and 
misses the time they spent together wandering their neighborhood, 
playing football and basketball.
  After high school, Gavin met Sarah Kern while working at McDonalds. 
Gavin was so taken with Sarah that he worked up the courage to hand her 
his phone number--right in front of her mother. They spent more and 
more time together, and eventually made plans to marry as soon as Gavin 
left the service.
  Gavin looked forward to his life with Sarah and wanted to provide for 
his future family. He joined the Army Reserves in 2003 to help pay for 
a college education and eventually a law degree. Tony Colburn, Gavin's 
father, offered to pay his son's tuition--an offer that Gavin refused. 
He wanted to do it himself. He didn't want to burden his family. This 
decision was yet another example of Gavin Colburn's willingness to 
sacrifice for the sake of others--a creed that defined his all too 
brief life.
  In the service, Gavin quickly impressed his superiors with his 
bravery and quiet competence. Brigadier General Michael Beasley 
remembers him as the ``go to guy'' of the 542nd. Colburn quickly rose 
to the rank of Specialist. ``He would have been a Sergeant in a matter 
of months,'' said General Beasley. In the Army, Gavin conducted himself 
with the same sacrifice and dedication coach Patrick recognized years 
before. Indeed, Gavin was a ``consummate teammate.''
  Specialist Colburn posthumously received a Purple Heart and Bronze 
Star for saving the life of his fellow soldier. Though ribbons and 
medals do not define his service, they are a fitting honor for a young 
man who gave his life so that another might live.
  Gavin would have liked to know that his friends and loved ones--his 
neighbors and teachers--understand why he gave his life and are 
grateful for his service to them, to Frankfort, to our Nation. In a 
written memorial created by Gavin's friends, those who knew him well 
remember his sacrifice. Michelle Pfister, the soldier whose life he 
saved, wrote this:

       Gavin was a very special person to me. I was in the truck 
     with him on that night, and if he [had not] used his life to 
     save mine, I would not be here today. Gavin--I love you and 
     miss you so much. Thank you so much for keeping your promise 
     to my family. You will always be my big brother.

  Gavin left an indelible mark on this world, in the lives he protected 
and the friends he inspired. Andrew, his friend from childhood, wrote 
him the following message:

       I will think about you daily and the sacrifices you made 
     not only for your country, but the ones you made for your 
     hometown, for your friends, and fiance and your parents. 
     We'll miss you buddy.

  In May, Andrew carried on Gavin's mission to protect by enlisting in 
the U.S. Army. It is through acts like these that the memory of Gavin 
Colburn lives on.
  We must remember the honor he earned, but it is equally important to 
remember the life Gavin lived--how he spent his time, how he treated 
others. Gavin's cousin, Stacey, wrote this to him:

       Gavin, there [are] not any words to describe how proud I am 
     of you. You have always been great at everything you have 
     done in your lifetime. You will always be my little cousin, 
     and I will always remember you and all of our memories we had 
     while growing up. We will never forget you. I love you, and 
     hope to see you again one day in Heaven but until then, [rest 
     in peace] my hero.

  Gavin Colburn lived bravely, selflessly, and with tireless energy. He 
held nothing back from his community, or from his mission to protect 
freedom. Gavin has inspired greatness in so many others. His friends, 
his family, and his Nation are proud of his service, and we owe him our 
eternal gratitude.
  My wife Fran and I continue to keep Gavin's family in our thoughts 
and in our prayers.
  Mr. President, I thank the Chair and yield the floor.
  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. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Sergeant Darrin Keith Potter

  Mr. McCONNELL. Mr. President, I ask the Senate to pause for a moment 
today in loving memory and honor of Sergeant Darrin Keith Potter.
  Sergeant Potter of Louisville, KY, served with the 223rd Military 
Police Company in the Kentucky Army National Guard. On September 29, 
2003, he gave his life in defense of our country in the vicinity of 
Baghdad, Iraq.
  On that day in September, nearly 2 years ago, Sergeant Potter and two 
of his fellow soldiers were responding to reports of lethal bombing 
attacks by terrorists near a prison facility. His MP team tried to 
drive around a tight corner in a Humvee, but overturned into a canal.
  Although his teammates escaped the vehicle safely, sadly, Sergeant 
Potter did not, and drowned. He had faithfully served his nation as a 
citizen-soldier for 5 years. He was 24 years old.
  For his valorous service, Sergeant Potter was awarded the Bronze Star 
Medal and the Purple Heart. He was awarded the Kentucky Distinguished 
Service Medal, which is the second highest honor that the Commonwealth 
of Kentucky can bestow. He had also received both the Army Reserve 
Component Achievement Medal and the Army Achievement Medal numerous 
times in his years of service.
  Sergeant Potter's aspiration to defend others dates back to his 
formative years, when he dreamed of one day becoming a police officer. 
While a student at Butler High School, in Louisville, he joined the 
Jefferson County Police Explorers, a program for boys and girls 
interested in a law enforcement career.
  There he experienced all of the inner workings of law enforcement, 
and learned what the phrase ``protect and serve'' truly meant. He 
served as Captain of his Explorer Post and was named Male Explorer of 
the Year in 1998.
  Darrin decided to enlist in the Kentucky National Guard and join the 
military police before he graduated high school in order to help him 
achieve his life-long goal of joining the Jefferson County Police 
Department. He wanted to gain invaluable experience with law 
enforcement and serve his community and his country.

[[Page 19969]]

  Shortly before his 21st birthday, Sergeant Potter was deployed to 
Bosnia for a peacekeeping mission. He served with honor for 7 months. 
Captain Adrian Wheeler, Darrin's company commander in Iraq who also 
served with him in Bosnia, says that Darrin ``could be trusted with an 
important decision. He was physically tough, he was mentally tough.''
  In late 2001, near the end of his deployment in Bosnia, Sergeant 
Potter realized his dream and was accepted to the Jefferson County 
Police Academy. The session was to start 2 weeks before he was due back 
from Bosnia. Undeterred, Darrin arranged with his commanders and the 
academy to leave Bosnia one week early and start at the academy one 
week late. Nothing would deflect him from his goal, and on February 1, 
2002, he was sworn in as a Jefferson County police officer. His mother, 
Lynn Romans, called it ``the happiest day of his life.''
  The rest of Sergeant Potter's unit returned from Bosnia on September 
10, 2001. The next day was to be their welcome-home party. Instead, 
September 11 will be remembered as the day when America's mission in 
the world, and the mission of our armed forces, forever changed.
  Sergeant Potter was deployed in Iraq in February 2003. Darrin and his 
unit were charged with guarding prisoners and escorting the many 
convoys which traveled in and out of Baghdad. It was a mission which 
suited Darrin's experience with law enforcement well. He served nobly 
and with great valor, and made everyone in our Commonwealth proud.
  Since childhood, it was clear Darrin Potter had a strong, energetic 
spirit. Born in Flemingsburg, he grew up as a bright young boy who 
enjoyed sports, playing in Little League and in countless games of 
wiffleball, baseball and softball after school. As a child he lived in 
Pleasureville, Frankfort, Maysville, and finally Louisville, making 
friends wherever he went.
  At age 5, it was not unusual for boys ten years older than Darrin to 
show up at his door, asking if he could come out and play. Perhaps it 
is because Darrin's dad, David, had lots of softball equipment. But all 
those who knew him would say that his endearing, fun-loving personality 
played no small part in his popularity.
  Darrin grew up rooting for the University of Louisville Cardinals and 
the Cincinnati Reds. He loved Corvettes, and as a young man bought a 
red Corvette, which he treasured and protected. His father was his best 
friend, and the two often played softball together on the weekends. He 
was a good student, but he sometimes got into trouble for talking too 
much. You see, Darrin genuinely liked people.
  One of the very first things Darrin did upon arriving in Iraq was to 
build a volleyball court. In the middle of the desert, Darrin took out 
his tape measure and set up a perfect court for the soldiers to have 
volleyball tournaments.
  Captain Wheeler, Darrin's company commander in Iraq, has said of 
Darrin, ``he was just a regular guy, but a pretty extraordinary regular 
guy.''
  I would suspect that Sergeant Potter would have humbly considered 
himself a pretty ordinary guy. But the very fact that he and so many 
other ordinary Americans make such heroic choices--to guard others from 
danger by confronting it head on--is what makes them extraordinary, and 
makes America a truly extraordinary country.
  We thank Darrin's parents, David Potter and Lynn Romans, and his 
sister, Anita Potter, for sharing Darrin's life story with us, and for 
being here today.
  We are profoundly indebted to Sergeant Potter for his service and his 
sacrifice. Our sadness is tempered with the knowledge that his mission 
was to protect the freedoms we enjoy here in America, and to spread 
those freedoms throughout the world.
  I ask my colleagues to keep the family of Sergeant Darrin Potter in 
their thoughts and prayers as we continue to pursue a path forward for 
our country. I know they will be in mine.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Sununu). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New York.


                         Independent Commission

  Mr. SCHUMER. Mr. President, I wish to speak for a few minutes on the 
proposal for an independent commission to look into what has happened 
in the Gulf States. This issue has been spoken about, worked on so hard 
and so carefully by Senator Reid, Leader Pelosi, my colleague, Senator 
Clinton, and many others.
  I speak from the experience of the devastation that occurred in New 
York after the terrorist attack almost 4 years ago. It will be 4 years 
this Sunday, and many of us will be at Ground Zero commemorating that.
  I think of that every day to this moment, the people I knew who were 
lost--a guy I played basketball with in high school, a businessman who 
helped me on the way up, a firefighter from the community in which I 
was raised. I wear this flag. I put it on September 12, and I wear it 
every day and, God willing, will every day for the rest of my life in 
memory of those who were lost.
  One of the main desires of the families of those who were killed in 
9/11 was to get to the bottom of it. I believe it was a selfless 
desire, a desire to figure out what went wrong so it would not happen 
again.
  Now we face a tragedy of similar consequence although of different 
origin, and that is the hurricane in the Gulf and the lack of an 
excellent response to it. Obviously, our first concern has to be 
rescuing those who are still in need of help, making immediate 
provision for the hundreds of thousands of individuals who were 
displaced and trying to deal with the immediate aftermath. Then we will 
have a longer term job of restoring the city of New Orleans.
  I have talked with Senator Landrieu and Congressman Jefferson about 
what we learned in New York about bringing people back to an area that 
had become temporarily abandoned. That is what happened to downtown on 
9/11. But another thing we are going to have to do is figure out what 
went wrong with the same positive motivation that motivated us after 9/
11, and that is so we might reduce the chances of loss of life, loss of 
property in the aftermath of it happening again.
  We learned one thing. We learned very simply that the best way to get 
to the bottom of this is have an impartial, nonpartisan commission not 
composed of politicians. The best way to get to the bottom of this, 
frankly, is to repeat the experience of the 9/11 Commission and have a 
group of people--many experts in different fields, some citizens with 
motivation to find out what went wrong--and give them the authority 
they need, the resources they need, the time they need, and let them 
get to the bottom of it.
  Frankly, there has been a lot of discussion of how we should do this 
in the House and Senate. From what I understand, the majority leader is 
now considering simply having joint hearings with the Homeland Security 
and Governmental Affairs Committee, joined with the House. I have no 
objection to that, but I will say this: When elected officials, when 
politicians are on a commission, generally it does not work out. 
Republicans will have a natural view to defend the administration. 
Democrats will have a natural view to attack the administration. Both 
are legitimate roles. But to assure the public that the truth will 
actually be found, a nonpartisan commission, not composed of elected 
officials, is the best way to go.
  The calls for doing things in the House and Senate with our 
particular needs--appropriations, oversight of various Government 
agencies--is not a bad one, but only if it is not a substitute for an 
independent commission.
  I hope my colleagues will rise to the call in the next few weeks and 
months. We do not have to constitute this commission immediately, but 
we should do it soon enough because, again, the only way to assure the 
public that we are

[[Page 19970]]

getting to the bottom of this is to have a commission that is 
nonpartisan and not populated by politicians, each of whom has a 
legitimate ax to grind--a legitimate ax to grind, but it is an ax to 
grind nonetheless.
  I wish to make one other point before I yield the floor. The initial 
calls for an independent commission after 9/11 were resisted. They were 
resisted by the administration, and they were resisted by many in the 
House and Senate. But it was the fortitude of the families of the 
victims, the survivors--Kristen Breitweiser and her colleagues from New 
Jersey, so many of the families I know from New York--who forced the 
Commission to occur.
  My guess, my prediction is this: If we do not form that commission 
ourselves, on our own volition quickly, at some point the citizens of 
the Gulf States will demand that we do so in any case as we move past 
the tragedy and hopefully begin to rebuild for those who have been 
caught in this Gulf catastrophe. Those who lost loved ones, at least 
some of them will do what was done in New York. They will band together 
and try to do everything they can to help a community they love. And 
they will urge us and importune us, just as the families in New York 
did, to form such a commission. That is my guess. It is just how things 
are. And it is the right thing to do. So let us do it now. Again, it 
does not have to be done next week. It probably should not be done next 
week. Our main goal should be to focus on helping those who need help. 
But within the next month or two, without question, if we really want 
to get to the bottom of what went wrong to prevent it from happening 
again, we should form an independent commission, not composed of 
elected officials with an ax to grind but nonpartisan citizens of 
various expertise to figure out what went wrong and to give us guidance 
as to how to avoid it in the future.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I ask I be allowed to proceed as though in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Defense Authorization

  Mr. LEVIN. Mr. President, it is essential that we turn promptly to 
consideration of the Defense authorization bill. Our troops are 
fighting in Iraq and Afghanistan and providing law and order and saving 
lives in the aftermath of Hurricane Katrina. The Defense authorization 
bill contains numerous provisions to improve their compensation and 
enhance the quality of their lives and their families' lives. Passing 
the Defense authorization bill sends an unmistakable message that we 
care about them and that as a nation we appreciate their sacrifices.
  More than 64,000 Active-Duty and National Guard troops have been sent 
to the Gulf Coast where they are assisting in the recovery from 
Hurricane Katrina. These troops are playing a critical role in 
conducting search and rescue missions; evacuating displaced persons; 
providing security in impacted areas; delivering essential food, water, 
and medicine; and rebuilding damaged infrastructure throughout the 
region. I saw firsthand last Sunday in Battle Creek, in my home State 
of Michigan, just how effective and professional the Michigan National 
Guard is in preparing for the needs of hundreds of evacuees of Katrina.
  And, of course, about 138,000 American soldiers, sailors, airmen, and 
marines are engaged in taking on aggressive insurgency in Iraq, and 
17,000 remain in harm's way in Afghanistan. Tens of thousands more are 
supporting the war effort through deployment thousands of miles from 
home. Our Armed Forces also continue to bear the brunt of the 
continuing effort to stabilize and rebuild Afghanistan, keep the peace 
in Bosnia, Kosovo, and other hot spots, while remaining prepared to 
execute other missions in support of the national military strategy.
  Some of these troops deployed overseas are from the Gulf Coast area. 
Some of them will soon return home to find that Katrina has damaged or 
destroyed their homes. Some will have nothing left. Taking up and 
passing the national Defense bill will improve their quality of life 
while they remain on active duty and when serving in hurricane recovery 
duty. Passage of the Defense bill will send an important message to 
them that we as a nation understand their loss and appreciate their 
service.
  At a time when members of our Armed Forces are performing heroically 
both at home and overseas to make our country safer and stronger, it 
would be unconscionable to give the Defense authorization bill anything 
less than top legislative priority. Our military both needs and 
deserves the support that Congress can provide in the Defense 
authorization bill.
  First and foremost, the Defense authorization bill would support our 
troops by improving compensation and quality of life for our service 
men and women and their families as they face hardships imposed by 
continuing military operations within the United States and around the 
world. For example, the bill would provide funding for a 3.1-percent 
across-the-board pay raise for military personnel. The bill contains a 
$70 million increase in childcare and family assistance services for 
military families and $50 million in supplemental educational aid to 
school districts affected by the assignment or location of military 
families. The bill would provide increases in housing allowances and 
payment of over 20 types of bonuses and special pay for our service men 
and women.
  The bill will increase the death gratuity paid to survivors of our 
military personnel who die while on duty. It would increase their life 
insurance to $400,000. And that total death benefit of $500,000 is a 
small price for a nation to pay to a family of a soldier or sailor, an 
airmen or marine who has made the ultimate sacrifice of giving his or 
her life in service to our Nation.
  If the Defense authorization bill is not enacted, the military's 
authority to pay bonuses and special pay to our men and women in 
uniform will expire, exacerbating an already troublesome problem that 
we face in recruitment and retention. If this bill is not enacted, the 
enhanced death gratuity of $100,000 and the increased life insurance 
benefit that we enacted for servicemembers earlier this year will lapse 
and substantially lower benefits will be reinstated. If this bill is 
not enacted, more than $6 billion in military construction and family 
housing projects to improve the conditions in which our servicemembers 
work and live will be unable to proceed.
  The Senate obviously has a lengthy list of legislation that it wants 
to consider and needs to consider over the next few months, but surely 
if we truly value the contribution that our Armed Forces have made and 
continue to make every day, each and every minute at home and abroad, 
taking up and passing the Defense authorization bill before the end of 
this month will reflect that sentiment. It is essential we do so. We 
have many things to take up, but I can't think of anything more 
important, other than our response directly to Katrina to help the 
victims and their families, than taking up and passing the Defense 
authorization bill.
  I thank the Chair and I yield the floor. I note the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SHELBY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Amendments Nos. 1649, 1659, 1668, 1673, 1674, 1675, and 1676, en bloc

  Mr. SHELBY. Mr. President, I now send a series of amendments to the 
desk, and I ask unanimous consent that the amendments be considered 
read and agreed to, the motion to reconsider be laid upon the table, 
and that any statements relating to these amendments be printed in the 
Record, with all the above occurring en bloc. I would note that these 
amendments have been cleared on both sides of the aisle.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.

[[Page 19971]]

  The amendments were agreed to en bloc, as follows:


                           Amendment No. 1649

 (Purpose: To establish a task force to improve and target the Federal 
Government's policies with respect to the production and trafficking of 
                            methamphetamine)

         On page 142, after line 3, insert the following:
       Sec. __. Within the funds provided for the Drug Enforcement 
     Agency, the Attorney General shall establish a 
     Methamphetamine Task Force within the Drug Enforcement Agency 
     which shall be responsible for improving and targeting the 
     Federal Government's policies with respect to the production 
     and trafficking of methamphetamine: Provided, That within 90 
     days of enactment of this Act, the Drug Enforcement Agency 
     shall submit a plan that outlines the governance structure 
     and membership of the task force: Provided further, That 
     within 120 days the Drug Enforcement Agency shall establish 
     the task force and submit to the Committee on Appropriations 
     of the Senate and the Committee on Appropriations of the 
     House of Representatives the membership of the task force and 
     powers established for the task force.


                           Amendment No. 1659

 (Purpose: To increase the appropriation for nationwide legal services 
 field programs and to provide additional funds to programs providing 
          legal services to the victims of Hurricane Katrina)

       On page 175, strike lines 6 through 9 and insert the 
     following:
       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $358,527,000, of which $346,251,000 is for basic field 
     programs and required independent audits (of which $8,000,000 
     is for basic field programs providing legal assistance to 
     victims of Hurricane Katrina).

     Notwithstanding any other provisions in the Act, the sums 
     appropriated for the Department of Justice are reduced by $37 
     million. This reduction is to be taken by the Attorney 
     General from accounts receiving an increase in travel and 
     transportation of persons as specified in the President's 
     Fiscal Year 2006 Budget Submittal to Congress pursuant to 31 
     U.S.C. section 1105 and which are in excess of the fiscal 
     year 2005 level;


                           Amendment No. 1668

 (Purpose: To provide funding for methamphetamine prevention education 
             programs in elementary and secondary schools)

       On page 137, line 3, strike ``$350,000,000'' and insert 
     ``$352,000,000 of which $2,000,000 shall be for grants for 
     methamphetamine prevention education programs in elementary 
     and secondary schools to be offset by a reduction of 
     $2,000,000 in the Drug Enforcement Agency salaries and 
     expenses in this Act''.


                           Amendment No. 1673

       On page 121, line 19, after ``curity;'' insert the 
     following: ``of which $152,546,000 shall be for national 
     security infrastructure;''.


                           Amendment No. 1674

       Page 162, line 23, after the word ``mission,'' add the 
     following ``$371,600,000 for the Webb Space Telescope to be 
     launched no later than 2013,''


                           Amendment No. 1675

       At the appropriate place in the bill, insert the following:
       ``Notwithstanding any other provision of this Act, no funds 
     appropriated under this act shall be used to register, issue, 
     transfer, or enforce any trademark of the phrase ``Last Best 
     Place''.''


                           Amendment No. 1676

(Purpose: To prohibit the use of funds relating to certain rulemakings)

       On page 190, between lines 14 and 15, insert the following:
       Sec. 5___.(a) For the period beginning on October 1, 2005, 
     and ending on April 1, 2006, none of the funds made available 
     by this or any other Act may be used to pay the salaries or 
     expenses of any employee of any agency or office to implement 
     any change to part 302, 303, 306, or 318 of title 13, Code of 
     Federal Regulations (as in effect on December 14, 1999), 
     pursuant to the interim final rule published August 11, 2005 
     (70 Fed. Reg. 47002; relating to the implementation of, and 
     regulatory revision under, the Economic Development 
     Reauthorization Act (Public Law 108-373; 118 Stat. 1756)).
       (b) Notwithstanding the interim final rule described in 
     subsection (a), the public comment period with respect to 
     parts 302, 303, 306, and 318 of title 13, Code of Federal 
     Regulations, shall be not less than 30 days.

                           amendment no. 1668

  Mr. BINGAMAN. Mr. President, I rise today to speak on behalf of my 
amendment that would allocate $2 million for methamphetamine education 
programs in our Nation's schools. I am very pleased that this measure 
has been included in the underlying bill, and I would like to take a 
moment to explain why this amendment is so important.
  Over the August recess I traveled throughout New Mexico to discuss 
the challenges local communities are facing in confronting problems 
associated with meth. I met with law enforcement, health officials, 
prosecutors, citizens, and State and local representatives. At each 
place I visited--Moriarty, Roswell, Farmington, Belen, Santa Fe, Taos, 
and Albuquerque--the message was clear: methamphetamine is the most 
serious drug threat that we are facing and we must do more to fight the 
spread of this epidemic.
  Indeed, the National Association of Counties recently released a 
report that found that 58 percent of counties surveyed viewed meth as 
their largest drug problem, and 70 percent of law enforcement reported 
that robberies and burglaries have substantially increased due to meth 
use in their communities. And according to the DEA, there were some 
16,000 meth lab seizures last year, up from 912 in 1995. In New Mexico, 
the number of labs seized increased fivefold from 1998 to 2003. The 
drug is particularly harmful because of its impact on the user, the 
likelihood of exposure to chemicals during the drug production process, 
and the high cleanup costs associated with dismantling labs.
  We must address this issue in a comprehensive manner by reducing 
domestic production, providing law enforcement with the tools they need 
to fight the meth epidemic, disrupting the importation of meth or its 
precursor chemicals into the United States, and by developing effective 
education and treatment programs.
  With regard to limiting domestic production, I am proud to be a 
cosponsor of the Combat Meth Act, which was introduced by Senators 
Talent and Feinstein, and included in the CJS appropriations bill. The 
bill would curb production by moving pseudoephedrine, the primary 
ingredient in meth and a common ingredient in cold medicines, behind 
the pharmacy counter. After Oklahoma enacted a similar law meth 
production dropped by over 80 percent in 1 year. The bill also provides 
additional funding for law enforcement and creates a research and 
training center aimed at developing effective treatments for meth 
users.
  I am also pleased that the CJS appropriations bill provides funding 
for the COPS meth program to assist local law enforcement obtain the 
equipment they need to safely and effectively clean up meth labs. I was 
very disappointed that the President proposed cutting the total COPS 
program by 96 percent and the meth portion of the program by 62 
percent. Fortunately, the Appropriations Committee rejected the 
administration's proposal and included over $60 million for the COPS 
meth program, which is about $5 million more than last year. Since 
1994, New Mexico has received over $68 million in COPS grants and more 
than $860,000 specifically under the COPS meth program. The 
administration also proposed cutting the HIDT A program by more than 50 
percent, from $226 million to $100 million. These cuts, if enacted, 
would have significantly impacted our ability to fight the importation 
of meth from countries such as Mexico. Thankfully the Senate rejected 
this proposal as well.
  However, I believe that we should also be focusing more on prevention 
by educating youth on the dangers of using meth. Along with enhanced 
law enforcement, prevention and education are key to combating meth. My 
amendment would provide funding for grants to law enforcement and 
health and school officials to carry out meth education prevention 
efforts in schools across the country. This funding could be used by 
local officials to tailor curriculum to the needs of their local 
comminutes and purchase the materials they need to educate youth on the 
dangers of meth.
  According to ONDCP, there is a 95-percent chance that a first-time 
meth user will become addicted. Once kids get addicted there aren't a 
lot of treatment options and they often face tough criminal sanctions 
for using the drug. We need to emphasize education prevention efforts 
so we can stop people from going down a hard-to-reverse path riddled 
with crime and devastating health effects.
  Because the consequences of meth use are so visibly evident, such as 
rotting teeth and open sores, students will likely be more receptive to 
such information than with other drugs, such as

[[Page 19972]]

marijuana, that are normally the target of drug education prevention 
efforts in schools. The ingredients used in the production of meth, 
such as battery acid, antifreeze, kitty litter, lithium batteries, also 
create an opportunity to make children understand the dangerous nature 
of this drug.
  According to a report issued this month by the Substance Abuse and 
Metal Health Services Administratior, SAMHSA, there were 583,000 
current users of meth in 2004 aud 1.4 million persons ages 12 and older 
have used meth in the past year. By providing additional resources for 
prevention and education, I believe that we can make considerable 
headway in fighting this terrible epidemic, and I am glad that the 
Senate has acted on this important measure.
  Mr. SHELBY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. TALENT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. TALENT. Mr. President, I want to speak for a few minutes on one 
of the amendments the Senate just adopted by unanimous consent. That 
amendment contained the Combat Meth Act that Senator Feinstein, my good 
friend and distinguished colleague from California, and I have 
cosponsored along with 40 other Senators. It is the most comprehensive 
methamphetamine legislation ever introduced, much less passed by this 
body, and I want to begin my brief remarks by thanking the Senator from 
Alabama and his staff for working with us, and the Senator from 
Kentucky for his good work. I know my friend from California feels the 
same way. We are very grateful for their efforts in including this 
amendment in this bill. It was very important to do.
  It is amazing, since we introduced this bill, the response that we 
have had within this body and from the law enforcement and the social 
services community around the country. Senators and America are aware 
of the fact that methamphetamine is the single most deadly drug threat 
we have confronted certainly in my time in public life in the 20 years 
that I have been in legislative bodies. As bad as the other drugs are, 
it is worse than the other drugs. It is almost immediately addictive.
  Let us send a message out right now: You cannot use methamphetamine 
casually. If you take it, you are going to get addicted to it. It 
changes the physical structure of the brain. It causes people to be 
more aggressive. It can turn some people into maniacs. Law enforcement 
will tell you other drugs are not as dangerous because they are 
passive. Methamphetamine causes people to become more aggressive. It 
changes the physical structure of the brain. It causes people to become 
more aggressive. It is almost instantly addictive and there is no known 
medical model for getting people off it. There is no methadone for 
methamphetamine.
  I talked to a substance abuse counsellor from Marriville, MO, about 
this one time. He had been in his line, in his profession, for 16 
years, and he said: When I counsel somebody in trying to get somebody 
off methamphetamine, I just use the 12-step program and I rely heavily 
on the first step. There is a higher power who can help you because 
that is what it takes to get off methamphetamine. And there are some 
people who do. It is heroic and miraculous. But we have no known 
effective treatment. It is the perfect storm of drugs because in 
addition to all that, methamphetamine, unlike other drugs, is not just 
sold and consumed in our neighborhoods, which would be bad enough, it 
is made in our neighborhoods. And the process by which it is made, 
which is it is concocted in labs, presents by itself a huge set of 
problems and causes a huge number of social pathologies which our local 
authorities have been fighting heroically for years and years.
  Methamphetamine labs are toxic. The process by which the drug is made 
and then used is toxic. There are all kinds of toxic chemicals that are 
being used. So when these meth cooks operate a lab in a home or a van, 
they create a toxic waste dump. It costs $10,000 to clean it up. Our 
law enforcement officers have to be trained, not only as law 
enforcement officers but as environmental experts, because as they take 
down these meth labs they have to break them down, and it costs a lot 
of money, not even counting the training costs. Then the chemicals have 
to be disposed of in an environmentally safe way. That costs a lot of 
money. Because these labs are out there operating, it presents a whole 
host of additional dangers to our children, even beyond the fact that 
their parents or caregivers may be using a seriously deadly drug, 
because these kids are growing up in homes that are toxic.
  I have had social service workers in Missouri tell me that when they 
pull children out of these environments, they have to decontaminate 
them, sometimes two or three times, because the residue of these toxins 
is all over their bodies. It is tragic and terrible. I have had law 
enforcement officers tell me they will go in and the air is so bad they 
have to wear breathing filters or moon suits, and there are little 
children running around within a few feet. They have seen cradles next 
to methamphetamine labs. All of this is a problem with methamphetamine 
that does not exist with other drugs, as dangerous and as terrible as 
other drugs may be.
  Methamphetamine is epidemic. The fact that it is relatively easy to 
make the drug and the information about it is all over the Internet 
means that there are, in my State alone, law enforcement tells me, 
hundreds, perhaps thousands of labs operating in isolated areas, and 
often in not so isolated areas. The home next door may be making 
methamphetamine. They make it in cars and vans. I have fire protection 
district chiefs in urban and suburban areas tell me half the vehicle 
fires they are fighting are meth related, because this is a dangerous 
process in which this drug is made, even resulting in fires or 
explosions--and these are chemical fires they have to fight.
  I said in urban or suburban areas, because it is not just a rural 
problem anymore. It started there, but it spread to our urban and 
suburban areas. The consciousness of this moved many Members of this 
body to support this bill when Senator Feinstein and I sponsored it, 
and to support it passionately. I was moved and pleased by the number 
of Senators who came, at our initial press conference, and spoke 
movingly because, of course, we get around in our States. We talk to 
people. We see the devastation and we have heard law enforcement, and 
the Senate has acted by adding the Combat Meth Act to this legislation.
  I am very pleased about it. We have a chance now to send this over to 
the House. If the Senate approves the bill, which I am confident it 
will, I hope early next week, then we can get this bill passed and sent 
to the President's desk.
  I promised to be brief. I was not, although I am sure listeners 
understand that brevity in the Senate means something different than it 
may mean in other places. But the bill contains a number of important 
provisions. Probably the centerpiece of it is a provision that would 
take cold medicines that contain pseudoephedrine and put them behind 
pharmacy counters around the country. This has been done in a number of 
States. Missouri is a leader in this. Oklahoma is a leader. Iowa is a 
leader. I thank Senator Coburn for his efforts in helping us, and 
Senator Grassley for his efforts, helping us. They know what 
methamphetamine is, coming from the States from which they come. This 
would put these precursor drugs behind pharmacy counters. It means 
consumers will still have access but meth cooks will not. Because they 
have to assemble 20 or 30 or 40 packages of cold medicines in order to 
make methamphetamine, they will not be able to do it anymore. They will 
not be able to steal it or buy it because it is going to be behind 
pharmacy counters.
  Then, in addition, there are a number of targeted grant programs 
designed to assist our law enforcement and social service workers 
stopping this drug and

[[Page 19973]]

dealing with the terrible fallout from it.
  I am grateful to all those involved. We need to move now to the next 
step. We need to keep working in other ways, above and beyond this 
bill, in which we can stop this deadly drug.
  I am grateful to all those who helped make this day possible, and I 
know I speak for Senator Feinstein saying we are very pleased the 
Senate has adopted this and added it to this measure and that now we 
are in a position to send it to the House.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, before the Senator from Missouri leaves 
the floor, I want to extend on behalf of every Member of the Senate our 
thanks to him for his leadership in fighting the scourge of 
methamphetamine. The Senator from Missouri has become the leader in the 
Senate in combating this scourge. On behalf of all Members of the 
Senate, I thank him for his extraordinarily effective work in this most 
important area.
  Mr. TALENT. Will the Senator yield for a minute?
  Mr. McCONNELL. I yield the floor.
  Mr. TALENT. Mr. President, the Senator has yielded the floor so I can 
add, for a moment, that I very much appreciate his kind words. I did 
not in my remarks talk at great length about Senator Feinstein's 
efforts. I will have the opportunity to do it. I have done that in the 
past and I will have the opportunity to do that again.
  The remarks of the Senator are very fine, but let me say Senator 
Feinstein has been on this issue since at least the 1990s. She saw it 
coming. We have not completed anything yet. We still have to get this 
over to the House and pass it. There are other things we have to do. 
The remarks of the Senator are very kind, but Senator Feinstein is the 
outstanding leader. It has been a great pleasure to work with her to 
this point and I look forward to continuing to work with her and other 
Senators from both sides of the aisle, getting this done completely, 
including the Senator from Kentucky. I know what a problem this is in 
Kentucky. He and I talked about this. I am grateful for his assistance.
  I yield the floor.

                          ____________________