Floor Statements

Mr. President, I rise today to offer my congratulations to Dr. Philip C. Hopewell, MD. The American Lung Association has awarded Hopewell the Edward Livingston Trudeau Medal for his life-long achievements in the prevention, research treatment and cure of lung-related diseases. The Trudeau Medal is awarded by the American Lung Association in honor of the distinguished scientist, Edward Livingston Trudeau, founder of the American Lung Association and its first president.

Dr. Hopewell is a world-renowned expert in tuberculosis control. He has literally traveled the globe offering technical advice and hands on practical guidance to tuberculosis control programs in developing nations. Dr. Hopewell has seen extended service in Peru and Nigeria and has worked with the PanAmerican Health Organization and the World Health Organization to advance TB control efforts around the world.

While Dr. Hopewell's work has been a boon to many countries, he has also worked hard to protect the health of Americans. As a leading researcher on the interaction between TB and HIV-AIDS infection, Dr. Hopewell and his colleagues at UCSF are credited with for the dramatic 60 percent reduction in TB cases in San Francisco in the past decade.

Dr. Hopewell is a teacher, a scientist and a healer. But he is also an advocate. Dr. Hopewell is equally at home sharing his expertise with members of Congress, as he is with health-workers in Peru. In part because of his advocacy, the U.S. has significantly increased its commitment to global TB control over the past 5 years.

I am pleased to say that I have played a role in supporting the work of Dr. Hopewell and his colleagues around the globe to identify, treat and prevent TB. As a member of the Senate Foreign Relations Committee, I have worked to increase the U.S. contribution for global TB control by supporting increased funding for TB programs at the US Agency for International Development. Increased support at USAID has lead to the development of a country specific plan to eliminate TB in high burden countries and is achieving results in many high burden TB countries.

While we still have a long way to go to effectively control and prevent TB in the U.S. and around the globe, it is important to recognize and celebrate those individuals who have helped achieve the advances we have made so far. Please join me in honoring Dr. Hopewell for his leadership, passion and tireless work to eliminate tuberculosis.

Madam President, how much time do we have remaining?

Madam President, I come to the floor, first of all, to thank my colleagues for pointing out what is happening in every State in America today. People are struggling to get health care. My mother used to say, ``If you have your health, you have everything.'' I thought, as a child, what does she mean? Now, as I get older, I realize she is right because when your family gets stricken with a disease, with a problem that makes them hurt and unproductive, your world really falls apart.

So, clearly, health care is a very big issue as we go into this election season. It should be a big issue every day here. We don't see the majority bringing up any kind of legislation to make life easier for people, in terms of their health care. We cannot even get enough votes to extend unemployment compensation for people who have been unemployed. So it is something for the people of America to think about.

Madam President, since the war in Iraq, I have been coming to the floor to pay tribute to fallen soldiers, heroes from my State. Today, I do that. Unfortunately, there are well over a hundred gone in our State. Today, I want to pay tribute to the 10 young Americans killed since April 26. All of them are either from California or based in California.

SSG Abraham D. Penamedina, age 32, died April 27 when his patrol came under sniper fire in Baghdad. He was from Los Angeles.

LCpl Aaron Austin, age 21, died April 26, due to hostile fire in Al Anbar Province. He was assigned to Camp Pendleton.

SGT Adam Estep, age 23, died April 21, when a rocket-propelled grenade hit his patrol in Baghdad. He was from Campbell, CA.

SPC James Beckstrand, age 27, was from Escondido, CA. He died in Baghdad while part of a dismounted improvised explosive device sweep patrol when a vehicle approached his unit and the driver detonated a bomb.

SPC Trevor Wine, age 22, died May 1, from injuries sustained on April 30, when his convoy vehicle hit an improvised explosive device in Tikrit. He was from Orange, CA.

SPC Ramon Ojeda, age 22, died May 1, when his convoy was attacked in Al Amarah. He was from Ramona, CA.

PFC Lyndon Marcus, Jr., age 21, was from Long Beach, CA. He died May 3, in Balad, Iraq, when his military vehicle rolled over into a canal.

SGT Marvin Sprayberry III, age 21, died May 3, in Balad, Iraq, when his military vehicle rolled over into a canal. He was from Tehachapi,

I ask for an additional 5 minutes.

Madam President, landing on a carrier in good times is understandable. Many Presidents have done that. Unfortunately, for this one, he had a sign that said ``Mission Accomplished,'' and that was not to be. I understand wanting to land on a carrier in dress in good times.

By the way, that was a moment when the whole world was with us, and he could have again engaged the international community, but he said no. They did not support us in the invasion, and they were not going to have any of the contracts. It was going to be kept for the people in this country, the Halliburtons, essentially. No, we could not share the glory of the moment--a horrific mistake, I think, when history is written.

I do not fault a President for landing on a carrier in good times. I do not fault a President--all of them have done it--for marching in parades with the heroes, the people who chose to fight for their country. Every one of us loves to stand for them, every one of us feels stronger, every one of us feels taller, every one of us feels proud. I do not fault the President for wanting to stand next to heroes, many of whom signed up. I do not blame him. But when things go wrong, that is the time when a real leader steps forward. A real leader would stop his ordinary schedule. A real leader would not be climbing into a campaign bus. This is my opinion, and this is my country, and this is what I think. A real leader, when faced with a crisis such as this, would stop everything.

We do not know how far up this goes. Today I read Secretary Rumsfeld told the committee he felt the rules of the prison were fine. After I came out of seeing those photographs, I said to myself and then I verbalized it to some of my colleagues, I do not want those photos seen by anyone in this country who has a pulse and a heart, but I have changed my mind.

If Secretary Rumsfeld says he thought the rules in the prison were fine, then I want the people of America to see what happened under the rules of those prisons. We cannot baby the people. We must allow them to see what has happened.

It is a sad day in America when I am in a car with my 9-year-old grandson and I have to turn the radio off of even a music station because I fear they might have a news break and he is going to hear something that is going to make him frightened.

It is a hard time for our country, but we have had these hard times before. We have had the hard times domestically. We have had the hard times during war. After 9/11, I think the heart of this country was broken. We are facing a new enemy. It is going to be a long-term battle. I gave the President full authority to go get those people, the al-Qaida. Instead of doing that, he made a u-turn and went into Iraq with no plan, and we are paying a price.

Those young people who are saying they were not trained, we will find out if that is a fact, but these are tough times. The thing that keeps me going is the greatness of the American people, the wisdom of the American people, the strength of our Constitution and our ability to face these things head on. That is where I will close today.

The American people need to see the truth. They are told by Secretary Rumsfeld that what went on in that prison, that the rules of engagement in that prison, were fine with him.

I want to clarify that. He did not say what went on in the prison was fine with him. He said the rules that governed the prison were fine with him. What I am saying is those rules that allowed this behavior, one prisoner being pulled by a belt over and over again, his head slammed against a steel door, his hands behind his back, others being forced into positions that I will not describe, being harmed in the most vulnerable ways imaginable. No, I did not want people to see it, but now I fear they must see it.

All the talk about the privacy of the people, absolutely if they see it they cannot see faces. That is for sure.

I did not expect to be here today even talking about this. I came to talk about another subject, but when I heard the Secretary of Defense defend the rules of that prison I felt I had to come and tell the people of this country, and the good people of my State who have sent me here twice, I think they need to see it for themselves.

Do not take my word for it. Do not take the word of another Senator who says, oh, God, they are making such a fuss over this; what is all the outrage about. That is another reason they should see the pictures. Do not believe me. Do not believe that other Senator. Believe your eyes, believe what you see.

I yield the floor.

Mr. President, I honor and share with my colleagues the memory of a very special man, Boyd Stewart of Marin County, who died April 17, 2004. He was 101 years old.

Boyd Stewart was born at the Old Cottage Hospital in San Rafael in 1903. He grew up in a time when students rode horses to school. His family ran a cattle ranch in Nicasio and then moved it to Olema while Boyd was growing up. After 3 years at Stanford University, he came back to the ranch when his father passed away and managed it for the rest of his adult life.

Boyd Stewart deeply felt the need to preserve open space for future generations, and he knew it could be done in a way that was compatible with agriculture. He was instrumental in the creation of Point Reyes National Seashore and the Golden Gate National Recreation Area. Concerned about the loss of farmland to urban development, in the 1960s he advocated the controversial idea that the Federal Government buy West Marin ranches for inclusion in the park and lease them back to the ranchers. His family's ranch transferred ownership to the National Park Service in 1970.. For decades he remained committed to his

convictions, often in the face of opposition from powerful forces.

Mr. Stewart served as a leading member of the Marin County Farm Bureau for more than 80 years. He also sat on the boards of the West Marin Chamber of Commerce and the Marin Humane Society. A cattle rancher by profession, he was given the Marin Humane Society's Humane Man of the Century award. Two years ago, Boyd Stewart was honored with the California Excellence in Range Management Award, along with his daughter, Jo Ann Stewart, and his granddaughter, Amanda Wisby, who continue to run the Stewart family ranch today.

Boyd was a dynamic figure in West Marin. My staff and I always knew we could call on him for invaluable information and sound advice. He was the leading expert on West Marin agriculture, to whom agriculture commissioners turned for advice and information. His presence and his accomplishments in preserving Marin open space were greater than any other single person in Marin County in the last century. He was also a deeply-loved member of the Marin community and a wonderful, unique man with a clear mind and steady presence who will be deeply missed. We take comfort in knowing that countless future generations will benefit from his courage, his vision and his leadership.

Mr. President, today I am introducing a bill with my colleague, Senator Feinstein, to adjust the boundary of the John Muir National Historic Site. This bill, which is identical to legislation introduced in the House by Representative George Miller, would allow the Park Service to obtain a small parcel of property to create a parking area for the John Muir National Historic Site. This would make access to the site much easier.

Naturalist John Muir lived in Martinez, CA, from 1890 until his death in 1914. While living in Martinez, Muir served as the first president and one of the founders of the Sierra Club, played a prominent role in the creation of several national parks, and wrote numerous articles and books on the importance of conservation. In 1964, John Muir's former residence became part of the National Park Service. Designated as a National Historic Site, John Muir's estate provides valuable open space in the San Francisco Bay area.

In 1988, Congress enacted legislation to expand the John Muir Historic Site. Included in this site expansion was a 3.3 acre parcel of land owned by the city of Martinez, which was donated by the city to the National Park Service. Following a survey conducted as part of the development of the General Management Plan, the Park Service discovered that a two-tenths acre triangle adjacent to the acquired parcel did not appear to have an owner.

Enactment of this legislation would allow the Park Service to either acquire the land, if an heir or owner is identified, or condemn the property if an heir or owner is not found. When the title to the land is clear, the Park Service wants to construct a parking area in order to meet the growing needs of the site users. This 9,500 square foot addition to the John Muir National Historic Site would allow the proposed parking area to accommodate school busses and provide 12 additional parking spaces.

This bill authorizes a noncontroversial boundary adjustment and is supported by Contra Costa County and the city of Martinez. I urge my colleagues to support this legislation.

Mr. President, today I am introducing a bill with my colleague, Senator Feinstein, to adjust the boundary of the John Muir National Historic Site. This bill, which is identical to legislation introduced in the House by Representative George Miller, would allow the Park Service to obtain a small parcel of property to create a parking area for the John Muir National Historic Site. This would make access to the site much easier.

Naturalist John Muir lived in Martinez, CA, from 1890 until his death in 1914. While living in Martinez, Muir served as the first president and one of the founders of the Sierra Club, played a prominent role in the creation of several national parks, and wrote numerous articles and books on the importance of conservation. In 1964, John Muir's former residence became part of the National Park Service. Designated as a National Historic Site, John Muir's estate provides valuable open space in the San Francisco Bay area.

In 1988, Congress enacted legislation to expand the John Muir Historic Site. Included in this site expansion was a 3.3 acre parcel of land owned by the city of Martinez, which was donated by the city to the National Park Service. Following a survey conducted as part of the development of the General Management Plan, the Park Service discovered that a two-tenths acre triangle adjacent to the acquired parcel did not appear to have an owner.

Enactment of this legislation would allow the Park Service to either acquire the land, if an heir or owner is identified, or condemn the property if an heir or owner is not found. When the title to the land is clear, the Park Service wants to construct a parking area in order to meet the growing needs of the site users. This 9,500 square foot addition to the John Muir National Historic Site would allow the proposed parking area to accommodate school busses and provide 12 additional parking spaces.

This bill authorizes a noncontroversial boundary adjustment and is supported by Contra Costa County and the city of Martinez. I urge my colleagues to support this legislation.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that I be allowed to speak for 5 minutes using the time that Senator Levin had.

Mr. President, at 5 o'clock we are going to vote on whether to confirm Mr. Negroponte to be our Ambassador. I want to make clear a couple of points. I voted against Mr. Negroponte for the very issues Senator Harkin talked about in his history when he was in Latin America, during what I believed to be a massive coverup of human rights abuses, which was very troubling. When Mr. Negroponte went there, there was a meeting with him and I said: You are now in a new job, and although I am not voting for you, I want to work with you. We did work together on a treaty banning child soldiers. He worked very well with us on that. There were times when I called him to talk about issues of concern and he was very accommodating.

I am going to vote for him today to give him another chance at a job that is so dangerous and so worrisome, because we have a policy in Iraq that is not working. He is willing to go there. I give him tremendous credit for that and I give credit to his family. I also think his ties with people in the United Nations, as we try to get more nations involved, could be helpful. I am not sure, but it could be helpful.

I want to express my reservation, now that we see on the agenda of the United States of America one of the worst scandals I think we have seen in a very long time--this prison scandal, which has such enormous ramifications. As one of my colleagues said, it has undone a thousand gestures of kindness and goodness our troops have demonstrated to the Iraqi people and to the people of Afghanistan.

People say, Senator, you should not vote for Mr. Negroponte because now we have this other human rights scandal. Well, I feel Mr. Negroponte knows we are watching everything now. America has a way of getting to the truth. The other day I made a speech about making sure that truth will not be a casualty of this war. We need to know the truth. I can tell you, I have never seen anything uglier.

When the press came to me and asked how I am going to vote for Mr. Negroponte, I said I want to give him this opportunity. I also feel we ought to be looking to the Commander in Chief right now.

It isn't Mr. Negroponte who is responsible for what has gone on here. It

is, in the end, the Commander in Chief, and I wish this Commander in Chief would do what others of both political parties did and step up to the plate and admit it. We all make mistakes. God knows I have made many. We do not like to admit them because it shows our fallibility, perhaps our lack of wisdom or experience. But in the end, you have to do that.

There have been so many mistakes made since this Iraq situation turned into the nightmare that it is--and let me put it right on the table because I do not come to this table without a certain point of view. I did not vote to go it alone in this war. I worried about going it alone in this war. Now we have to ask ourselves, whether we voted for it or against it, what do we do now? Of course, that is the important question. And what mistakes have been made? There are so many mistakes.

The military campaign was brilliant.

I ask for an additional 2 minutes per side, and I will finish up. Excuse me, I ask if I can have an additional 5 minutes from leader time, and then I will finish up.

Yes, and I will be done.

Mr. President, I see Senator McCain here, one of our heroes in America. He is my chairman and friend. I went over to him one day--I don't know if he remembers this. I was so worried about this war, and he said something that turned out to be true. He said: It will be over in 2 weeks. He was right, in essence. It was maybe a little longer. That first military campaign was brilliant. And I said: But, Senator, I am worried about how many we are going to lose.

He said: It's going to be OK, Barbara.

He was right. But there wasn't a plan in place after that, and we all know that. Yet when the President was asked by the press, Did you ever make any mistakes, couldn't he think of that one?

Dick Lugar, chairman of the Foreign Relations Committee, Senator Biden, Senator Hagel, Senator Kerry, Senator Dodd, Senator Chafee, myself, and others on the Foreign Relations Committee came together and said: Where is the plan? We said that before the first shot was fired. So that was a mistake.

Then when the President landed on the carrier and he said major combat was over, ``Mission Accomplished'' behind him, that was a mistake.

Then when the world said--after that moment, we had them in our hands that day, the whole world when the President landed on that carrier: Can we help you in Iraq? The President said: If you did not go in with us, you cannot rebuild; you are not getting anything. So the spoils of the war were not going to be shared with anyone except those who went into Iraq. It was a mistake in the end. We would have had everyone in there with us. It would have been different.

When the United Nations building was blown up, an opportunity to say then and show leadership that this has turned into a war against terror and the terrorists are here now--and by the way, they were not before. We know that from State Department documents. They are there now. We had an opportunity to say: United Nations, you have been attacked; come with us. We did not do that.

Now this horrific vision in these prisons. I heard one commentator say: What about the vision of the Americans who were slaughtered and hung on the bridges? Yes, sickening, horrifying, hellish. We cannot go down that road because this is America.

When I was growing up, I knew America was different. This editorial that ran today in the Washington Post opened up my mind because I did not call for anybody's firing. I think the Commander in Chief is responsible, and he has to decide who he is holding responsible. This is an interesting editorial. It said, When did the trouble start? It is when Don Rumsfeld, and I assume with the permission of the President, said: We are not going to pay any attention to the Geneva Convention. None of these rules are going to apply. And now what has happened?

We don't know all the details, but if it is true, and we do not know that yet, what we see in the paper--and these are real photographs--I do not know that for sure, but if it is true, what we are seeing is something that has stained this country, that has burdened this country and scarred this country, that has undermined everything in which we all believe, Democrats, Republicans, Independents, Greens. It does not matter what party; it is about America.

I think it is mistake after mistake after mistake after mistake after mistake. What do we do now? I think Joe Biden has great ideas on that. He says the Iraqi people have to want democracy as much as we want it for them. I do believe it is time to test that. We are sending our people into a caldron. We cannot keep going down this course. We have to modify it and change it.

I thank the Chair.

Mr. President, as usual, my friend is very generous of spirit.

Stay the course, modify the course, change the course--we need to change the dynamics of this. Some have suggested tearing down the prison. I think that might be an excellent idea to show our remorse, our sorrow, and our outrage. They say a picture is worth a thousand words. These pictures say terrible things, and we by our actions have to undo those pictures.

My understanding is that a lot of these people who were conducting themselves in this atrocious fashion were kids. They were never trained. They did not understand. They were told: Just do whatever you have to do to get people to talk.

I do not know if that is all true. We will get to the bottom of it. But one thing I do know is, you do not stay on a course when it is not working. We have lost over 700 of our beautiful people, some young, 18, 19, some 30, 40 years old leaving behind children. Some 3,000 plus have been wounded. And why doesn't Paul Wolfowitz know these numbers? What is wrong with him that he doesn't know these numbers? It is wrong. These are lives. These young people are not just some faceless, nameless cutout of a soldier.

Mr. President, I am so filled with sadness. Every time I come to the Senate floor to read the name of Californians who have died--I know they are the best.

My word to them is: You are the best, and we will get to the bottom of this.

Mr. President, I thank Senator McCain for his generosity.

Mr. President, I rise today to celebrate the life and mourn the death of Officer Stephan Gray of the Merced Police Department. On April 15, 2004, Stephan Gray, age 34, became the first officer to be killed in the line of duty in the history of the Merced Police Department. Stephan is mourned by his wife Michelle Gray and their three children: Landess, 13; Isaiah, 5; and Cameron, 3.

Officer Stephan Gray died in the line of duty while protecting the community that he cherished. Officer Gray worked for the Merced Police Department for seven years, where he was assigned to the Gang Violence Suppression Unit and the Special Operations Unit. Officer Gray was well known for going above and beyond the call of duty, distinguishing himself as a dedicated and brave officer through his many heroic efforts and accomplishments. During his tenure with Merced Police Department, Officer Gray received a commendation for assisting in the capture of a dangerous criminal street gang member and for saving the life of an eleven-month-old infant who was not breathing. Officer Gray devoted himself to making the streets safer for the people of Merced.

Stephan Gray was also a loving husband, father, and son. He enjoyed playing catch with his son, Isaiah. He loved to sing and dance and was an avid scuba diver and tropical fish enthusiast.

My heart goes out to his wife, his daughter, his sons, and the countless others whose lives he touched. I want them to know that people across California share their grief as we also salute the gift of his life and work.

A gallant officer is gone, but he will not be forgotten. We can and must carry on his work by giving community police officers and other first responders the resources they need to bring peace and safety to our Nation's streets and neighborhoods.

Mr. President, flags were flown at half-staff recently in memory of Thomas J. Steiner, a California Highway Patrol, CHP, officer allegedly killed by a teenager who wanted to impress a gang. Officer Steiner was 35 years old and left behind a wife, Heidi, and two children, Bryan and Justin. I am honored to stand before my colleagues to memorialize this dedicated officer.

On Wednesday, April 21, 2004, shortly before 3 p.m., Officer Steiner exited the Pomona South Courthouse after testifying in traffic court. Before he could get to his patrol car, shots were fired at the officer from behind the wheel of a car. Officer Steiner died at a local hospital later that evening. An arrest was made in the case.

Thomas Steiner died because he wore a uniform. Our law enforcement officers know the dangers and demands of their profession, but despite the daily challenges they face, they commit themselves to protecting others and do so selflessly. A five-year CHP veteran, Officer Steiner clearly exemplified the very best. CHP Chief Mike Brown told a news source that Steiner ``loved being a cop. He loved putting on the uniform. He wore it with pride.'' CHP Commissioner D.O. ``Spike'' Helmick called Steiner a ``quiet family man always ready to help.'' Steiner was also known as a mentor to newcomers to the department. He will be deeply missed by all those privileged to have known him.

Officer Steiner's murder sent shockwaves through the community. Steiner was known as a solid officer and devoted family man. Whether drinking his morning Gatorade at the station or bottle-feeding his baby on the homefront, Officer Steiner's goals seemed to be simple: to do his job well and be a good husband and father.

As the community reflects on the life and memory of Officer Steiner with a very heavy heart, I salute his legacy as a dedicated officer and family man, and extend my deepest condolences to his entire family and to his friends.

Mr. President, I wish to honor and share with my colleagues

the memory of a remarkable man, Reserve Deputy John Sandlin of Solano County, who died Friday, April 23, 2004. Deputy Sandlin spent almost 50 years working to protect his fellow citizens, serving a distinguished career in the Navy and as a volunteer deputy with the Solano County Sheriff's Office. Deputy Sandlin was killed in the line of duty when his patrol car spun out of control during a recent pursuit.

John Sandlin was the devoted husband of Dr. Kay Talbot and the proud father of three daughters, Lizabeth, Lori and Susan. He was also the proud grandfather of seven grandchildren.

Deputy Sandlin compiled a remarkable record in community policing with the Solano County Sheriff's Office, becoming its second most highly decorated officer. He spent 20 years as a volunteer reserve deputy who patrolled the streets most Friday nights for the past decade. Last May, he earned the Sheriff's Office Distinguished Service Medal and the Purple Heart. Sheriff Gary Stanton said of Deputy Sandlin, ``We lost a brother--a man who has been part of our department for 20 years.''

Before joining the Solano County Sheriff's Office, John served in the Navy for 22 years. He became a nuclear power instructor, served in the Submarine Service, and was awarded the Navy Commendation Medal for saving another's life. He attained the rank of Lieutenant Commander while on active duty.

John Sandlin also spent 14 years at Westinghouse Electric Corporation as a Senior Mechanical Engineer and Documentation Manager. During his career at Westinghouse, he was sworn in as a reserve deputy sheriff with the Solano County Sheriff's Air Squadron. He earned the 1990 Community Service Award for his dedication to law enforcement and drug surveillance activities with the Solano County Sheriff's Department.

After retiring from Westinghouse, he soon entered the patrol field training program in the Sheriff's Office and began to work on the ground, patrolling the streets to protect his community.

John Sandlin died doing what he loved to do--providing protection for his community. He was a natural leader, a compassionate mentor, and an enthusiastic, charming and very well-liked member of the Sheriff's Office. We will always be grateful for Deputy Sandlin's heroic service defending our Nation and our freedoms, and protecting his community.

Mr. President, I congratulate the Alameda Corridor Transportation Authority, ACTA, for repaying its loan to the Federal Government 28 years ahead of schedule.

ACTA has proven that it is an asset for Southern California and the Federal Government by building the Alameda Corridor on time and on budget--and now repaying the loan so early.

I have worked on this project since 1995, when I secured the Alameda Corridor as a high priority corridor in the National Highway System bill.

This project is extremely important because the ports of Los Angeles and Long Beach receive 40 percent of the Nation's imports, together composing the largest shipping complex in the United States.

By taking trucks off the road, the Alameda Corridor helps move goods more rapidly and reduces congestion for many communities in southern California.

I am proud to be associated with this project. It is a model for the Nation and a model for innovative finance.

I look forward to working with ACTA on new projects supporting goods movement in southern California.

I ask that a proclamation signed by the City of Los Angeles, the City of Long Beach, and the Alameda Corridor

Transportation Authority be printed in the Record.

The proclamation follows.

Proclamation

Whereas, in connection with the issuance of the Alameda

Corridor Transportation Authority Subordinate Lien Revenue

Refunding Bonds, Series 2004A and Series 2004B, the Authority

intends to prepay the remaining balance of the Federal Loan

dated January 17, 1997 by and between the Alameda Corridor

Transportation Authority (ACTA) and the United States

Department of Transportation, Federal Highway Administration

(DOT);

Whereas, the City of Los Angeles, the City of Long Beach

and ACTA hereby acknowledge the critical role of the DOT in

the development and financing of the Alameda Corridor

Project;

Whereas, the DOT was an instrumental partner in achieving

the substantial completion of the Alameda Corridor Project

and in significantly improving the transportation system and

movement of goods in the Southern California region;

Now Therefore, the undersigned hereby proclaim their

gratitude and appreciation to the DOT for its efforts in

connection with this significant transportation

project.

Mr. President, I ask the Senator, may I have 10 minutes?

I thank the Senator.

Mr. President, first of all, let's get matters straight from the get- go. Senator Breaux never liked this in the first place. And I have tremendous respect for him. We just do not agree on this tax provision. As a matter of fact, he voted to strip it out completely when actually we tried--Senator Ensign and I--to get this in before. We won this 75- 25. Only 25 colleagues voted against us. Senator Breaux was leading the charge.

Now he says he is just making a correction. Well, I have read his correction. It is a poison pill for many reasons, which I will go into. But I think we ought to get it straight. We are being offered an amendment and told it is enhancing our bill, but it is offered by Senator Breaux, who never liked it in the first place. I think he would be the first one to admit it because he was quite open on the point before.

Now, I am proud to stand with my colleagues today to stop this amendment. I think it is very important. I am going to call on the 75 Senators from both sides of the aisle who supported us the last time. I particularly thank Senator Smith because he took the Ensign-Boxer bill into the committee and he got it into this bill, which was most important for us. Now we are here to protect that work.

I will say this from the get-go. You could say all you want that we are building trust into this. Well, there is a little more than trust. We are not saying in this bill anywhere that I have seen that the IRS cannot prosecute someone who is not telling the truth. This is not some plan that is done in the dead of night at the accountant's office. There is a committee that has

to put together the plan and they have to show how they plan to use the funds. If they lie in that, under an audit, as any of us might have, they have to show that in fact they deserve the deduction. If the IRS says, no, they did not follow the plan, then they will not get those deductions, just like all of us. There is nothing in our bill that absolves these corporations of the usual procedure when you pay your taxes. So I would like to get that out of the way.

I want to talk about jobs, because, God knows, in my State we have lost a lot. I want to put up what the various experts are saying, from liberal to conservative, about this Invest in the USA Act that I am so proud to coauthor with my friend, Senator Ensign.

What is the potential impact on the U.S. economy? J.P. Morgan says, as a result of enacting the Invest in the USA Act, U.S. companies will increase investment profits earned abroad in the United States by $300 billion. Bank of America forecasts the increase will be $400 billion. Dr. Allen Sinai of Decision Economics estimates that this additional investment in the U.S. economy will generate 660,000 jobs.

Finally, we are doing something. The highway bill is stalled. A lot of us are upset about that on both sides of the aisle. That will create 800,000 jobs.

Here we will create 660,000 jobs, and Allen Sinai says that is a conservative estimate of how many jobs would be created. And guess what. The Treasury is getting money because these profits are sitting abroad. They are not coming home. They are not being taxed. And we are going to tax them at a 5-percent rate, and that is going to bring funds into the Treasury. There are some estimates that we will receive as much as $4 billion into the Treasury because of this Invest in the USA Act.

So how could we take such a good idea and mess it up? That is what we would do if this amendment passes. We know those funds are not going to be brought back.

Under the Breaux amendment, let me read to you examples of spending that is not permitted, and you tell me if you agree with this.

You cannot use the money that you bring back for job training for workers. You cannot use it for many unemployment benefits. You cannot use it for worker health, dental and hospital expenses. You cannot use it for most employee childcare. You cannot use it to reimburse employees for injuries and accidents. You cannot use it for workers compensation and black lung benefits. You cannot use it for most employee meals and lodging. You cannot use it for worker relocation reimbursement. You cannot use it for employee tuition assistance. You cannot use it for an environmental cleanup and impact analysis. You cannot use it for employee travel reimbursement.

You can buy jets with it under the Breaux amendment, but you can't use it for employee travel reimbursements. You can buy limousines with it, but you can't reimburse for the rental of parking spaces for your employees.

Here we have an amendment that we have crafted that is actually a bill that is incorporated into the underlying bill, which gives the business community a chance for 1 year to bring these funds home that are parked outside our shores, funds that are sitting out there and not being brought back. We are going to see what happens. We are told by economists from the left to the right it is going to mean job creation. We want to make sure it is used for the things that these corporations need.

Instead, you have the Breaux amendment which is micromanaging this deal in such a way that it will affect things as important as job training for workers. Let's just say a business is changing its work product and they have a new way to deal with their workers. They have to teach them how to use new computers and new programming, machinery. They cannot use the money they bring back to job train.

Senator Feinstein called this a perfecting amendment. It is not perfecting. It is a poison pill.

I am very proud to be part of this group in the Senate that has been pushing for this for all this time. Any statement that we are not going to go after cheaters is ridiculous because we have highlighted in our bill the fact that the company has to set up a committee. They have to print a plan. They have to say how they are spending their money. And if they undergo an audit, they are going to have to stand behind it.

The question is whether you want accumulated foreign earnings invested here or abroad. The answer that we get from our colleagues is going to be very important. We can send a wonderful message today if we stand with this underlying language that we are serious about job creation. We are serious about getting this capital back. I believe we are doing a very wise thing.

I yield the rest of my time to the Senator from Oregon, Mr. Smith.

As we wind down this debate, I thank Senators Smith, Ensign, and Allen. I think we have had a good debate. I want to thank Senator Breaux for his passion. My colleague, Senator Feinstein, and I do not see this eye to eye.

Here is how I would sum it up: On May 15, 2003, the Senate voted 75 to 25 for the Ensign-Boxer-Smith Invest in the USA Act. It was a very clear statement that we want to see job creation. What we are proposing is a 1-year only chance for corporations that have parked their foreign earnings abroad, and that have no intention of bringing them back, to bring it back at a lower tax rate. It would infuse our Treasury with about $4 billion in revenue, and Allen Sinai, a respected economist, says it will create 660,000 jobs.

I hope we will vote against the Breaux-Feinstein amendment and once and for all make this important bill the law of the land.

Mr. President, I thank my colleague from Nevada. He worked so hard and long on this underlying part of the JOBS bill, called the Invest in USA Act, because it is going to create, as my colleague said, according to independent analysts, 660,000 new jobs. Why would we want to ruin a provision people from all parts of the economic spectrum have told us is going to work? We want to try this for 1 year. We want to bring back monies that are parked overseas and tax them at 5.25 percent, because right now we are not getting any revenues. It is going to mean $4 billion into the Treasury right away, something we desperately need. It is going to mean, as my colleague says, insourcing, creating jobs here.

Last year the Senate voted 75 to 25 for the Ensign-Boxer bill. At that time Senator Breaux was very honest about it. He didn't like it then. He doesn't like it now. But instead of objecting to it flat out, he is offering an amendment that in essence kills the whole idea.

I urge my colleagues, if you care about job creation--and I know you all do--please support us and defeat the Breaux amendment. In my State alone we are looking at 75,000 jobs.

Senator Breaux is a very effective debater. He says: You are creating another Enron scandal. What is going to happen to this money? They are going to say they are using it for jobs, but there is no penalty in place.

The same penalty is in place as in the IRS Code. The CEO is going to sign the plan. And if they don't do the plan, they are in for trouble. That is clear. This is not some plan that is going to be hatched in some accountant's office. It is right out there above the CEO's signature.

I hope we defeat this and move on. It is a good underlying bill. Let's keep it as it is.

Mr. President, I move to reconsider the vote.

Mr. President, I rise today to celebrate the life and mourn the death of Corporal Patrick D. Tillman, age 27, who was killed in action in Afghanistan on April 22, 2004. Pat Tillman was originally from San Jose, CA. He was a true hero.

Pat Tillman exuded greatness and humility throughout his short life. He

was a shining star on and off the football field. In high school at Leland High in San Jose, CA, Pat was named the Central Coast Co-Player of the Year for 1993 and earned a scholarship to Arizona State University. At Arizona State, he led the team to the Pacific-10 Conference Title and then to the Rose Bowl. In 1997, while at Arizona State, Pat was named Pac-10 Defensive Player of the Year. Pat also knew the value of a good education. He earned a degree in marketing at Arizona State University, while also maintaining a 3.84 GPA. The Arizona Cardinals selected Pat in the 1998 NFL draft where he played hard for the Cardinals as a safety. In 2000, the St. Louis Rams offered him a substantial increase in compensation to play for them. However, out of loyalty, Pat turned it down to stay in Phoenix.

It was Pat's deep loyalty and character that led him to his next career move. After the horrific attacks of 9/11, Pat, who was just returning from his honeymoon, announced that he was leaving the NFL to join the Army Rangers. Pat left behind his new bride Marie and a substantial contract from the Arizona Cardinals.

Pat Tillman was not about money or fame. He was a remarkable young man who put his country and its ideals ahead of himself. Pat's physical strength and talents were only overshadowed by his personal integrity. The United States Army posthumously awarded Pat the Purple Heart, the Meritorious Service Medal, the Silver Star, the Good Conduct Medal and the Combat Infantryman's Badge.

Pat Tillman was a loving husband, son, and brother. My heart goes out to his wife Marie, his parents, Patrick, Sr. and Mary; his two brothers, Kevin and Richard and the countless others whose lives he touched. I want his family to know that people across California and throughout our country share their grief as we also salute the gift of his life and service.

Pat Tillman was a man of great strength, courage and patriotism. His example will continue to inspire countless Americans for years to come. It is most appropriate that we honor him for his outstanding courage and his selfless devotion to others and to his country. A hero is gone, but he will not be forgotten.

Mr. President, I ask unanimous consent that I be permitted to speak as in morning business for up to 20 minutes.

Mr. President, I thank the managers of the bill for allowing me to have this time. I have been trying to get some time on the floor and sometimes it is difficult.

I am very encouraged by the way the JOBS bill is moving. I am a strong supporter of the bill. I support it in particular because I have been working in four areas. One area is to stop runaway film production, and we have good incentives in the bill to help us with that, which is very important to California. Another area is to encourage the bringing back of capital that has been parked overseas for a 1-year experiment to see if jobs will be created. It is a very good provision, and I hope my colleagues will support it as it was written. That was done in conjunction with Senators Ensign and Smith. Third, there is a provision to give farmers a tax credit for water conservation. Fourth, there is a good provision in there to help our local governments that have been paying the salaries of National Guardsmen and reservists to help them with that financial burden. So I am pleased about that.

I am also hopeful we can get the highway bill, the transit bill, moving because the Senate bill is excellent and I think if the two parties can reach some accommodation, we should be able to get that moving. So between the JOBS bill and the highway bill, we are looking at a tremendous number of jobs. Certainly, regardless of what State one is in jobs are wanted. These are good jobs and I am very hopeful.

I came today primarily to talk about the situation in Iraq. There are many casualties of this Iraq war. Above all are the soldiers who will never return--so far, more than 753 of them. There are the wounded who will need our help to heal physically and mentally--so far 3,864 of them. Then there are the families who, along with their pride, will bear the losses and the scars forever.

There are the innocent Iraqi civilians who are the ones our President says we are fighting for, and others caught in the middle, the press, contractors, diplomats. When the President landed on the aircraft carrier 1 year ago, he told us major combat was over. That was wrong and our casualties have grown. For the sake of the troops, for the love of the troops, we must not add yet another casualty to this war. We must not let truth be a casualty of this war.

The American people need to know the truth. The American people need to see the truth. In a democracy, letting the people know the truth is the essence of what it means to be free. The President says we are fighting for freedom in Iraq, and that is the current mission. Let us not stifle those precious values in our own country that we love so much.

There are some disturbing events going on. Why would we be told by this administration that paying respect to flag-draped coffins of our fallen soldiers is somehow a violation of privacy and the American people would be violating privacy rights if they see those coffins? I think by now all of America has seen those photographs, photographs of those coffins draped with the American flag and the care that is shown to those coffins and those flags by the military. Those pictures we did see were anything but a violation of privacy. They were a moving tribute to our troops. How shocking it is that we only saw those photographs after a Freedom Of Information Act request. We could not get those photographs. How shocking is it that the woman who actually got those photographs out to the public was fired, those dignified pictures.

No one's identity is known when you look at those pictures. All we know is our brave young troops are making the ultimate sacrifice. As one grieving parent said when she saw those pictures, she was consoled at the way her son was treated, with love and respect--and the flag. It was comforting to her. It wasn't a violation of her privacy. Those troops didn't have their names put in those pictures or their faces shown.

Some will say when they view those coffins that we must stay the course. Others will say change the course. That is what I say: Internationalize this, have an exit strategy and a clear mission. Our troops are carrying 90 percent of the burden. So are our taxpayers. So I believe, yes, we need to change this course. It is not working. But we need to give the Iraqis a chance to build their own future. It should be in their hands. It must be in their hands. That is what democracy is all about. We can teach it, we can explain it, but they must want it enough to make it work for them.

The idea of internationalizing this war is not partisan. I am proud to serve on the Foreign Relations Committee where we have agreement between Senators Biden and Lugar about internationalizing. We have Senator Hagel who is on that side, Senator Chafee, myself, Senator Dodd, Senator Sarbanes, Senator Kerry, and really most of the committee--not all, but most of the committee. So we have a chance to get out of this morass in a bipartisan way.

Backing up a little bit, this administration didn't want us to see the pictures of the flag-draped coffins. Seven stations from Sinclair Broadcasting Group barred viewers from hearing the names of our fallen heroes. The Sinclair Broadcasting Group is a big supporter of this administration.

I asked them why shouldn't the faces of our fallen sons and daughters be seen? Why shouldn't their names be heard? This is America. This is the greatest democracy in the world. But we could lose it as sure as I am standing here if our people are kept from the truth. Yes, in every war people die. In my years in the Congress I voted for two resolutions to use military force. If you vote for war, you need to see the face of it, and so do the American people.

There are many faces to war. There is the face of courage, of bravery, of fellowship. There is the face of fear. Above all, there is love of country.

As we are learning, sometimes the face of war is brutal. Sherman said, ``War is hell.'' Clearly he saw it.

The sickening images of the past few days from war prisons in Iraq do not match with the values and ethics of our country and our people and our military. Something went terribly wrong, and the people at the very top are responsible. There was no talk from the very top about getting to the bottom of this until those pictures made it into the press, those brutal pictures from the prisons. I know we will fix this. We will fix it now because some people in the military had the strength of character to blow the whistle, to tell the truth. I am asking our Commander in Chief to do more than he has done so far, to speak out more, to hold some people at the very top accountable because this scandal has unfortunately hurt our country. It has hurt our cause. It is undermining the thousands of acts of compassion and caring of our military during this rough time.

To win the cause we all believe in, the spread of true democracy all over the world, we need to win by example, not just with speeches but by example; not just with military might but by gaining the respect of the world. To win the respect of the world, truth must never be a casualty of war. Let's hear the names. Let's see the faces. Let's see the courage and the fear and the bravery and the failings. The American people are wise. They will decide from all the evidence whether the course we are on should be continued or whether we need a fresh start, a new plan--whether it is all worth it.

According to a newspaper report, the Army investigative report painted a picture of a prison in Iraq completely in disarray. To me, that is a metaphor for the aftermath of our initial military success, disarray. There is no plan. There is still no plan. And the problem is not with our brave military but from the highest civilian leadership.

We need to measure the dollar cost of this war. So far we have spent $133 billion on the Iraq war, while we struggle to find the means to do what we must at home, for our children, for our health, for our environment. I have a quick list. We have spent $133 billion on this war since March of 2003.

Look at all we spend in a year on drug enforcement, $2 billion. Look at all we spend on education for our children, $58 billion. Look at all we spent for a year on afterschool programs, $1 billion. We spent $6.8 billion on Head Start; total highway spending, $34 billion; the Transportation Security Administration, so important in a war against terror, $4.6 billion; Coast Guard, $6.8 billion; veterans' health, $28 billion; National Institutes of Health, to find the cures for cancer and heart disease, $27 billion; total environmental spending, $8.4 billion; and to clean up the most toxic Superfund sites, $1.3 billion.

This administration is telling us we don't have the money, even though highways and transit is a dedicated tax. Yet we have spent $133 billion in Iraq. It is time for a timeout, to step back from this morass, to hold people accountable, to change course.

I am going to finish up now because I, too, want to move ahead with the bills we have on the Senate floor. But I thought it was worth it to take a few minutes to reflect on where we are.

We have lost 168 Californians to date in this war. I have read their names and will continue to do that. If anyone says I have no right to do this--and no one has--but if anyone does want to shut out my words, I will tell them: This is America, and I love my country because my country is based on freedom.

Mr. President, I yield the floor.

More than 3,000.

I thank the Senator.

Mr. President, I am proud to recognize today as the National Day to Prevent Teen Pregnancy and want to thank the National Campaign to Prevent Teen Pregnancy for sponsoring it. The campaign is a non-profit, non-partisan organization whose mission is to improve the well-being of children and families by reducing teen pregnancy.

Nearly 900,000 American teenagers become pregnant each year, and over 10 percent of all births in the United States are to teenage mothers. While teen pregnancy, abortion, and birth rates are all going down, the U.S. still has the highest rate of teen pregnancy in the industrialized world. Almost 35 percent of girls become pregnant at least once before age 20.

Many activities are happening across the country in recognition of the National Day to Prevent Teen Pregnancy. In my home State of California, Pinch Me Films of Berkeley is organizing events to promote open dialogue between young people, parents and educators. In addition, the California Health Collaborative, Merced Rural Teen Pregnancy Prevention is hosting a health fair for youth, and the Children's Hospital of Los Angeles--with over 6,000 employees--will have an article about National Teen Pregnancy Prevention Month in its employee newsletter, highlighting tips for parents to discuss pregnancy prevention.

On November 25, 2003, I introduced S. 1956, The HOPE Youth Pregnancy Prevention Act to address this problem. Specifically my bill would provide additional resources to States, localities, and nongovernmental organizations for teenage pregnancy prevention activities targeted to ethnic minorities and at-risk youth. Fifty-one percent of Latina girls become pregnant at least once by age 20. Fifty-seven percent of black girls become pregnant at least once by age 20. I urge my colleagues to co-sponsor this legislation.

I urge my colleagues to support activities that are taking place nationally and in their own States to reduce teenage pregnancy.