Floor Statements

Mr. President, I ask unanimous consent that there now be a period of morning business, with Senators permitted to speak for up to 10 minutes each.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on April 13, 2005, at 10 a.m., to conduct a hearing on ``The Federal Home Loan Bank System.''

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, April 13 at 11:30 a.m. in room SD-366 to consider pending calendar business.

Agenda Item 1: To consider the nomination of David Garman, to be Under Secretary of Energy.

In addition, the Committee may turn to any other measures that are ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on Wednesday, April 13, 2005 at 9:15 a.m. to conduct a business meeting on the following agenda:

Nominations: Stephen Johnson, nominated by the President to be the Administrator of the United States Environmental Protection Agency (EPA); Luis Luna, nominated by the President to be EPA's Assistant Administrator for Administration and Resource Manager; John Paul Woodley, Jr., nominated by the President to be Assistant Secretary of the Army for Civil Works; Major General Don Riley, United States Army, nominated by the President to be a Member and President of the Mississippi River Commission; Brigadier General William T. Grisoli, United States Army, nominated by the President to be a Member of the Mississippi River Commission; D. Michael Rappoport, nominated by the President to be a Member of the Board of Trustees of the Morris K. Udall Foundation; and Michael Butler, nominated by the President to be a Member of the Board of Trustees of the Morris K. Udall Foundation.

Resolution: A resolution authorizing alteration of the James L. King Federal Justice Building in Miami, Florida; and Committee resolution for the Calumet Harbor and River, Illinois.

Legislation: Water Resources Development Act of 2005.

The hearing will be held in SD-406.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, April 13, 2005, at 10 a.m., to hear testimony on ``The U.S.- Central America-Dominican Republic Free Trade Agreement.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, April 13, 2005, at 9:30 a.m. to hold a nomination hearing.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor and Pensions meet in executive session during the session of the Senate on Wednesday, April 13, 2005, at 10 a.m. in SD-430.

THE PRESIDING OFFICER. Without objection, it is so ordered.

committee on Homeland Security and Governmental Affairs

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, April 13, 2005 at 11:00 a.m. to hold a business meeting to consider pending Committee business.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, April 13, 2005, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct an oversight hearing on Indian Health.

THE PRESIDING OFFICER. Without objection, it is so ordered.

committee on the judiciary

Mr. President, I ask unanimous consent that the Committee on Judiciary be authorized to meet to conduct a hearing on Wednesday, April 13, 2005, at 9:30 a.m. on ``Securing Electronic Personal Data: Striking a Balance Between Privacy and Commercial and Governmental Use.'' The hearing will take place in the Dirksen Senate Office Building Room 226.

Witness List

Panel I: Deborah Platt Majoras, Chairman, Federal Trade Commission, Washington, DC; Chris Swecker, Assistant Director for the Criminal Investigative Division, Federal Bureau of Investigation, Washington, DC; Larry D. Johnson, Special Agent in Charge, Criminal Investigative Division, U.S. Secret Service; Washington, DC; and William H. Sorrell, President, National Association of Attorneys General, Montpelier, VT.

Panel II: Douglas C. Curling, President, Chief Operating Officer and Director, ChoicePoint Inc., Alpharetta, GA; Kurt P. Sanford, President & CEO, U.S. Corporate & Federal Markets, LexisNexis Group, Miamisburg, OH; Jennifer T. Barrett, Chief Privacy Officer, Acxiom Corp., Little Rock, AR; James X. Dempsey, Executive Director, Center for Democracy & Technology, Washington, DC; and Robert Douglas, CEO, PrivacyToday.com, Steamboat Springs, CO.

THE PRESIDING OFFICER. Without objection, it is so ordered.

select committee on intelligence

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 13, 2005, at 2:30 p.m. to hold a closed hearing.

Mr. President, I ask unanimous consent that the Subcommittee on the Constitution, Civil Rights and Property Rights be authorized to meet to conduct a hearing on ``Less Faith in Judicial Credit: Are Federal and State Marriage Protection Initiatives Vulnerable to Judicial Activism?'' for Wednesday, April 13, 2005 at 2 p.m. in SD-226.

Witness List: Mr. Lynn Wardle, Professor of Law, Brigham Young University, J. Reuben Clark Law School, Provo, UT; Mr. Gerard Bradley, Professor of Law, University of Notre Dame Law School, Notre Dame, IN.; and Dr. Kathleen Moltz, Assistant Professor, Wayne State University School of Medicine, Detroit, MI.

Mr. President, I ask unanimous consent that the Subcommittee on Personnel be authorized to meet during the session of the Senate on April 13, 2005, at 1:30 p.m., in open session to receive testimony on active and reserve military and civilian personnel programs, in review of the defense authorization request for fiscal year 2006.

Mr. President, I ask unanimous consent that the Subcommittee on Readiness and Management Support be authorized to meet during the session of the Senate on April 13, 2005, at 10 a.m., in open session to receive testimony on high risk areas in the management of the Department of Defense in review of the defense authorization request for fiscal year 2006.

Mr. President, I ask unanimous consent that the Subcommittee on Trade, Tourism, and Economic Development be authorized to meet on S. 714--Junk Fax Prevention Act, on Wednesday, April 13, 2005, at 2:30 p.m.

Mr. President, we appreciate the comments of the Senators from Hawaii and Washington concerning the situation in our Veterans Affairs Department and the concerns that they expressed about returning veterans who are now moving into the VA system and questioning whether there are sufficient funds available to take care of the needs in Veterans' Administration hospitals and other different health care facilities throughout the country.

The subcommittee that has jurisdiction over veterans affairs held a hearing recently during which they questioned the Secretary of Veterans Affairs on this subject. They were assured

that the Department is not in a crisis requiring emergency appropriations. The fact is, less than 1 percent of the veterans population is made up of new eligibles who are entering into the Veterans' Administration system, and most of those who are requiring health care assistance and hospital care are older veterans who have already been in the system for a number of years.

Because of that, the Department has not asked for any emergency appropriations to be included in this bill. The administration says that sufficient funds exist now in the Department of Veterans Affairs budget to take care of this fiscal year's needs.

We are now in April and a new fiscal year will begin in October and we are already considering the request for the administration for next year's funding. We have had a budget resolution adopted. Some of these issues were raised during the consideration of this issue by the Budget Committee. I think the Senator from Washington offered an amendment to the budget resolution along the lines that she is urging the Senate to consider today, and the committee rejected the amendment.

That committee reviewed the issue closely and they have included in the budget resolution authority for funding for the fiscal year beginning next October. This Senator's amendment suggests the funds appropriated in this amendment, $1.9 billion, should be made available until expended, which means not only is this a suggestion that an emergency appropriation is needed--although the amendment does not say on its face it is an emergency appropriation--it sounds as if this is in addition to this fiscal year's budget that will go on into next fiscal year. So it is an amendment to this fiscal year's funding authority as well as to the next fiscal year and the next. ``Until expended'' is the way the amendment reads.

I am suggesting that the Senate should look at the information we have before us from the administration: The Secretary of Veterans Affairs, the Department of Defense, which is caring for injured veterans now in the military hospital system. These are not veterans hospitals, where those who have been injured in Iraq or Afghanistan are being cared for. Some may later be cared for there, and may be later cared for as part of the veterans system. But those who are returning now are at Walter Reed Hospital or other hospitals in the Department of Defense system.

I am not the person in charge of the Veterans' Affairs Committee who monitors veterans' needs on a regular basis. The Senator from Idaho, Mr. Craig, is chairman of that committee. I have discussed the amendment with him. I expect he wants to be heard on the amendment. The Senator from Texas, Mrs. Hutchison, is chair of the appropriations subcommittee that has jurisdiction over the Veterans Affairs funding, and she is available to discuss the merits of the amendment. We have talked informally with her.

At this time I hope the Senate will certainly consider the arguments that have been made by the Senators from Hawaii and Washington. I respect their concerns. I know their concerns are shared by other Senators. I share them. I don't know of any Senator who wants to come into the Chamber and vote against an amendment to fund veterans programs. It is hard to go home and explain to veterans why you voted against an appropriation for veterans health care.

What we are being told by the administration is the funds are not needed, we have the funds available to care for the veterans population. There may be problems in the system that need the attention of the administration and administrators of individual health care centers and hospitals, and certainly they ought to be addressed and we urge that they are. But it is not a matter of not having the money. If there are problems that need to be addressed we can do that, but we are assured that none of the funds being asked for in this amendment are needed for that purpose.

Mr. President, awaiting the arrival of other Senators, I suggest the absence of a quorum.

Mr. President, reserving the right to object, may I inquire of the Senator? We were in the process of considering the amendment of the Senators from Washington and Hawaii on Veterans Affairs and funding for that Department. The chairman of the committee has arrived on the floor to speak to that amendment. I had told the Senator from Massachusetts I would have no objection to offering his amendment and then setting it aside.

I inquire: How much time will Senator Kerry require?

Is there a problem with the Senator from Idaho?

The Senator is correct.

I have no objection.

I ask unanimous consent we stand in recess under the previous order.

Mr. President, it is my intention to make a point of order in connection with the amendment that has been offered by Senators Murray and Akaka. But I do not want to do that if they are not here on the floor. I will wait to give them an opportunity to make any statements or motions they may deem appropriate. So I do not want to foreclose anyone from having an opportunity to express themselves on that issue. But I do make that announcement just for the information of all Senators, that we have pending before us an amendment that purports to add as a matter of emergency appropriations $1.9 billion to the Veterans' Administration accounts.

The administration has not asked for these funds. Testimony before the relevant committees of jurisdiction, the Veterans Affairs' Committee and the Appropriations subcommittee that funds or recommends funding for veterans programs, has not led Senators to request funds for inclusion in the committee mark. So there is a disparity between the proponents of the amendment and what they are urging the Senate to approve and what is being requested as a matter of emergency appropriations.

In addition, the language of the amendment actually has a provision that the moneys appropriated under the amendment would be available until expended, which means the funding would carry over into the next fiscal year. We are, right now, having committees consider the funding levels that are needed in the next fiscal year, beginning October 1.

So with no requests for funds, with the administration saying they have enough funds to run the VA health programs and hospital programs between now and the end of this fiscal year, we are going to suggest that this is subject to a point of order. It is my intention to make that point of order.

Seeing that the Senators are on the floor now, Mr. President, pursuant to section 402 of S. Con. Res. 95 of the 108th Congress, I make a point of order that the amendment contains an emergency designation.

Mr. President, a vote now occurs on the motion to waive, right?

Mr. President, there is a question about how much time is going to be----

Mr. President, there is some confusion on my part. I thought the Senators were going to debate this, but there was a suggestion that we could agree on a time for a vote on the motion to waive the Budget Act. So I inquire of Senators whether that is the feeling on the other side. We would be willing to enter into an agreement for a vote to occur at a time certain that might suit the convenience of all Senators.

Mr. President, I appreciate the comments of the Senator. Let me suggest, then, if there is no objection, that we enter into an agreement that we have a vote that will occur at 3:30 this afternoon.

Would that be satisfactory with the Senator?

Mr. President, I ask unanimous consent that the Senate vote on the motion to waive the Budget Act with respect to the Murray amendment at 3:30 p.m. today, with debate until the vote equally divided in the usual form and no amendments in order to the amendment prior to the vote.

I thank the Chair and thank the Senator.

Mr. President, I yield such time as she may consume to the Senator from Texas, Mrs. Hutchison.

Mr. President, the Senator from West Virginia was not able to be on the Senate floor when this was initially discussed, and in deference to his right to speak on this amendment, I yield 10 minutes from our side to the Senator from West Virginia.

Mr. President, we had a full debate of this issue. This is not the first time this issue has been presented to the Senate. As a matter of fact, before this fiscal year began, 2005, there was a question about how much money would be needed by the Veterans' Administration to provide health care benefits and other services to veterans.

The President had submitted a budget request for this year, but after hearings in our Appropriations Committee, the subcommittee recommended an increase over and above what the President had requested.

As we all know, there is a considerable time gap after the President's completion of his budget submission. The hearing process takes place in Congress, a budget resolution is developed, and then the Appropriations Committee conducts hearings and reviews what the facts are and if there have been any changes in the situation that can be reflected in the recommendations made in the Appropriations Committee.

Last year, the Appropriations subcommittee recommended to the full committee an increase in funding over and above the request of the President by $1.2 billion--a substantial increase. That was approved.

In this fiscal year's budget which we are now talking about, the President has already received $1.2 billion that he did not request. As we moved into the year, there have been suggestions that additional funds might be needed. We are already, though, preparing for the next fiscal year, 2006. The other day when we had a budget resolution before the Senate, this was again presented as an issue to the Senate. Senators offered an amendment and debated it, and we had a vote on that resolution. By a vote of 53 to 47, an amendment by the Senator from Hawaii to add about $3 billion to the budget resolution was defeated by the Senate. It was well debated. It was considered carefully. And here we are again.

We have an emergency supplemental now on the floor of the Senate dealing with funds needed to successfully complete, we hope, operations in Iraq and Afghanistan at the soonest possible date so we can have a more stable and peaceful situation, not only in that part of the world but in the war against terror generally, to protect the security of American citizens.

This supplemental is directed, in large part, to that concern and to those needs--the needs of the Department of Defense and the Department of State for depleted accounts in programs under the jurisdiction of that department.

There are some other accounts that are funded in this urgent supplemental, but there are no funds requested by the administration for the Veterans' Administration programs.

The other day there was a hearing on this subject. The Secretary, as the distinguished Senator from Texas pointed out, was questioned about the need for additional funds by the Veterans' Administration. The answer was unequivocal. It was clear. It was precise. Then, to clarify that, the Senator from Washington said that was weeks ago, that was early, and all the needs weren't known then. Here is the letter, dated April 5, 2005. This is what the Secretary of the Veterans' Administration said in response to the suggestions being made by the proponent of this amendment:

I can assure you that VA does not need emergency

supplemental funds in FY 2005 to continue to provide the

timely quality service that is always our goal. We will, as

always continue to monitor workload and resources to be sure

we have a sustainable balance, but certainly for the

remainder of this year I do not foresee any challenges that

are not solvable within our own management decision

capability.

That is about as clear and persuasive a statement about the need for the

funds at this time, for the remainder of this fiscal year, as you could possibly ask for by the person who has the responsibility for carrying out these programs and administering these programs for the benefit of our Nation's veterans.

There is another point I am going to make before my time expires.

The Secretary testified not only were the funds sufficient for fiscal year 2005 but that the financial plan is manageable. He said the Department is not in a crisis requiring emergency appropriations.

Then, on the point of the number of servicemen coming back to the States from the wars in Iraq and Afghanistan, the highest projection that has been made, if one looks at the numbers of persons entering the VA system in any given 1 year, the highest projection might be 48,000.

To put that in perspective with respect to the entire system and the entire workload of the Veterans' Administration, returning service members from the Iraqi war entering the VA system will be less than 1 percent of the total VA population.

The Senator from Texas made a point that was very persuasive. I think it should be repeated; that is, most veterans who are coming back to the States at this point and need medical care are still in the Department of Defense. They are at Walter Reed. They are at other hospitals that are under the jurisdiction of the Department of Defense. They are not going to the veterans hospitals. People who are coming back from Iraq are a small percentage of the population, and they are not as likely as older veterans to need services from the Veterans' Administration. The older veterans in the system are a much larger group and require more appointments, medical care, and assistance medications than the younger population coming into the system now.

For these reasons, I urge the Senate to reject the request of the Senators to open this emergency supplemental bill and add the additional $1.9 billion that has been requested.

I am prepared to yield the remainder of our time. I think we talked about the vote being scheduled for 3:30. As I understand, there is before the Chair a motion on the part of the Senator from Washington to waive the Budget Act. Is that correct?

I ask for the yeas and nays on that motion.

I yield the floor and I yield our time.

Mr. President, I move to reconsider the vote.

Mr. President, I make the point of order that the amendment violates section 302 of the Budget Act.

Mr. President, I move to reconsider the vote.

Mr. President, for the information of Senators, there are no other amendments that I know of that will be offered this afternoon or this evening. There were two amendments that were offered earlier in the day which we set aside to dispose of the amendment of the Senator from Washington. These are offered by the Senator from Massachusetts, Senator Kerry, amendments numbered 333 and 334. It will be the intention of the manager of the bill to move to table these amendments when we convene tomorrow. We will be pleased to continue to set them aside and have them available for debate during the remainder of today's session. So if Senators want to speak on these amendments, this is the time to do it. Tomorrow when we convene and go to the bill, it will be the intention to move to table these amendments if there is no further debate.

In the meantime, we encourage Senators to let the managers know of their amendments that need to be considered to the bill. We are prepared to move forward. We remind Senators that this is an emergency appropriations bill. These funds are needed so that the Departments of Defense and State can proceed with other agencies that are funded in this bill to carry out their responsibilities.

We know that after we complete action on the bill here in the Senate, we will have to confer with the House to work out differences between the House-passed and Senate-passed bills. That will require some time as well.

This is a matter of some urgency. We encourage the Senate to continue to consider the bill and act expeditiously on amendments that may be offered so we can complete action on the bill and work with our colleagues in the House to have a final bill presented to the President as soon as possible. We appreciate very much having the cooperation of all Senators in that regard.

I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on April 12, 2005, at 9:30 a.m., in closed session to receive testimony on the assessment of Iraqi security forces.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on the nominations of Dr. Michael Griffin to be Administrator of the National Aeronautics and Space Administration, Mr. Joseph Boardman to be Administrator of the Federal Railroad Administration, Ms. Nancy Nord to be Commissioner of the Consumer Product Safety Commission, and The Honorable William W. Cobey, Jr. to be a Member of the Board of Directors of the Metropolitan Washington Airports Authority, on Tuesday, April 12, 2005, at 10:15 a.m., in SR-253.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, April 12, at 10 a.m. in room SD- 366.

The purpose of the hearing is to discuss opportunities to advance technology that will facilitate environmentally friendly development of oil shale and oil sands resources. The hearing will address legislative and administrative actions necessary to provide incentives for industry investment, as well as explore concerns and experiences of other governments and organizations and the interests of industry.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, April 12, 2005, at 9:30 a.m., to hold a nomination hearing.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet in a closed briefing on Tuesday, April 12, 2005, at 11:30 a.m., in S-407, the Capitol.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 12, 2005, at 10 a.m. and 2:30 p.m., to hold hearings.

Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet Tuesday, April 12, 2005, from 2:30 p.m. to 5 p.m., in Dirksen 106, for the purpose of conducting a hearing.

Mr. President, I ask unanimous consent that the Subcommittee on National Parks be authorized to meet during the session of the Senate on Tuesday, April 12 at 2:30 p.m. to review management and planning issues for the National Mall, including the history of development, security projects and other planned constructions, and future development plans.

Mr. President, I ask unanimous consent that the Subcommittee on Seapower be authorized to meet during the session of the Senate on April 12 at 2:30 p.m. to receive testimony on Navy shipbuilding and industrial base status in review of the defense authorization request for fiscal year 2006.

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

Mr. President, the Senate now has under consideration H.R. 1268, the fiscal year 2005 emergency supplemental appropriations bill. Pending is the substitute amendment recommended by the Committee on Appropriations. The committee met last Wednesday, April 6, and reported the bill with the substitute amendment by a unanimous consent vote of 28 to 0.

Our recommended substitute would provide a total of $80,581,832,000 in supplemental appropriations for fiscal year 2005. The recommendation is $1,460,796,000 below the President's request and $758,046,000 below the amount recommended in the House-passed bill.

The substitute is comprised of six titles.

Title I provides a total of $74,426,257,000 for defense-related activities, primarily the costs of continuing operations in Iraq and Afghanistan.

Title II includes $4,322,700,000 for international security programs, for assistance for reconstruction in Iraq and Afghanistan, and for support for coalition allies.

Title III provides appropriations in the amount of $687,145,000 for domestic activities related to homeland security and counterterrorism.

Title IV includes appropriations for Indian Ocean tsunami relief in the amount of $907,344,000.

Title V includes $238,390,000 for other emergency appropriations.

Title VI includes general provisions and technical corrections.

This is a straightforward bill. It meets the needs of our fighting forces overseas. It provides funding to meet our international responsibilities. It offers relief to the victims of the catastrophic tsunami in the Indian Ocean and addresses emergency requirements at home. It is critically important we move this bill through the Senate in a deliberate but expeditious fashion so we may confer with our colleagues from the other body and present legislation for the President's signature by the end of this month.

I will not take further time of the Senate today to go into all of the details of the proposal. Individual subcommittee chairmen and their ranking minority members will be available to Senators to explain the details of the bill as needed and as requested by Senators.

At the appropriate time, I will move the committee substitute be adopted and be treated as original text for the purposes of further amendment.

Before yielding to my distinguished friend and colleague from West Virginia, Senator Byrd, the ranking minority member of the committee, I share with the Senate an interesting e-mail that was sent to one of my staff members by one of the helicopter pilots who was aboard the USS Abraham Lincoln, which steamed into the Indian Ocean immediately upon hearing about the devastating earthquakes and the tsunami tidal waves in that region of the world. They were one of our largest ships in the general region. They immediately got underway from their

port when they heard the news and could tell how serious this situation was and steamed to the region.

This friend wrote an e-mail to my detailee from the Department of Defense who is a CDR Brian Glackin. At this time he has gone back to active duty for his full-time job in the Navy. He gets this e-mail, which he gave me a copy of, which I will read portions of so we can appreciate the response of the United States, as quickly as it was made, to this devastating situation.

Stationed aboard the Abraham Lincoln we were inport Hong

Kong on the morning of 26 Dec when we heard of the massive

earthquake and devastating Tsunamis in the Bay of Bengal. As

soon as we were aware of the horrible destruction we departed

Hong Kong and headed South at best speed . . .

Then he described what happened when they arrived.

I was in the first wave of helos sent ashore to establish a

logistical hub and move supplies from Banda Acch airport--

only a few miles from the destroyed north coast of the

island.

He describes the bodies in the water, the houses floating in the ocean, the scenes along the coast as they were flying into the airport.

We arrived at the airport to a scene of confusion and near

chaos. Six days after the disaster and there was no

infrastructure in place to assist these people. About 500

displaced Indonesians who had survived had made their way to

the airport in search of a flight out of the area.

. . . there was only one other American military member at

the airport--an Army Major who had made his way up from the

Embassy in Jakarta. A few Australians were already there and

had set up a logistics hub to accept supplies. The Indonesian

military had a base here as well and were accepting supplies

but they had no other way than trucks to travel to the

destroyed areas inland to move the food and water.

Then he talks about being a fixed wing pilot. He was not able to fly helicopters, but he helped coordinate the relief efforts. He complimented the nongovernment organizations that within an hour had loaded our first relief supplies to move down the west coast. He complimented the USAID and the International Organization of Migration as being invaluable in the establishing of assistance. He said:

USAID has amazing logistical support to gather supplies

from all over the world. The one thing both of these

organizations lacked was the ability to distribute supplies

to the people in need. That is where we came into play.

We have set up a system now to have twelve of our

Helicopters flying from sunrise to sunset to assist. We have

been carrying everything from biscuits, rice, noodles, milk,

water and medical supplies. We transport doctors and medical

staff as well. The Indonesian people are in need of

everything. Their homes along the coast have been washed away

and we are finding them wandering aimlessly with no ability

to acquire food, water or badly needed medical assistance.

They all lack the ability to communicate as all phone lines

are destroyed and there is no electricity. As our pilots drop

off these supplies there are stories of the Indonesians

hugging them with relief and joy.

Our pilots then fly north to return back to [the airport]

for resupply and they are finding small pockets of personnel

who do not have any aid. They are able to pick many of them

up and fly them to [the airport]. Most are near death.

Yesterday we had a helo land with seven badly injured or

dehydrated personnel all in critical condition. One was a

seven year old girl. The doctors told me we saved her life as

she would not have lived through the night. I couldn't help

but think of my beautiful daughters and it was then that I

realized the gravity of what we really were doing.

He said:

I see on the news [now] the incredible outpouring of

support from the US--it is a wonderful and necessary thing.

The effort here at sea is equally as impressive. These young

sailors are all extremely eager to get ashore and do whatever

is needed despite the threat of disease and the obvious

destruction.

He pointed out earlier that no sailors were asked to do anything who did not volunteer to do it. The commanding officer asked if sailors would like to participate and go ashore, and there were huge numbers who did.

My squadron alone has already put numerous sailors ashore

to assist with the loading and moving of the helos. I have

never been so proud to be a member of the US military. We

often are focused on keeping the peace and deterring evil

acts. To now be able to have a direct impact in saving lives

and attempt to rebuild a society is a testament to the United

States' amazing resolve and capabilities.

I thank you all for your efforts and your support. Please

continue to keep the Indonesians in your thoughts and

prayers. As of today this country alone is approaching

100,000 deaths from this disaster--we need to do all that is

possible to mitigate any further suffering or loss of life.

Signed: CDR T.R. Williams, Executive Officer, deployed aboard the USS Abraham Lincoln.

Mr. President, I ask unanimous consent that the entire e-mail that I read from be printed in the Record.

This bill before the Senate contains funds that help replenish the accounts that were depleted by our agencies that were actively involved in the tsunami relief. We are asking in the bill for the Senate to approve about $1 billion for related activities that were involved in that operation. The military, of course, incurred costs, too, and we hope this bill will help make up the difference in their accounts so they will continue to be able to protect our security interests around the world.

Mr. President, I yield the floor.

Mr. President, I ask unanimous consent that the committee-reported substitute be agreed to and be considered as original text for the purpose of further amendments and that no points of order be waived by virtue of this agreement.

Mr. President, I compliment and thank most sincerely my friend from West Virginia, the distinguished senior Democratic member of the Appropriations Committee, for his support during the committee markup in terms of the procedures for the consideration of the House- passed bill. We substituted a complete text in the committee markup for the House bill and proceeded to consider amendments to that text. We made some changes in that House bill, as is reflected by the total amount we are recommending be appropriated in the bill by the Senate.

We bring the bill in below the level of funds requested by the President for this bill, and it is below the level approved by the House of Representatives. We hope Senators will consider their ideas for changes or improvements in the bill. We are not attempting to rush the Senate to completion of action on this bill, but we do want to move ahead with dispatch so we can get the funds that are provided in this bill to the agencies where they are needed, to the Department of Defense and the Department of State for depleted accounts.

The challenges we face in Iraq and Afghanistan have been costly, as we all recognize, but we need to move forward to a successful conclusion of those operations so that troops can be returned home as soon as possible, so that stability can be restored in that and other regions of the world, and so that the economy of those countries can be free flowing once again.

In that connection, I was heartened to receive a call from the Secretary of Agriculture last week advising me that the interim government in Iraq had decided to purchase 60,000 tons of rice from the United States. This is an indication, it seems to me, that their economy is beginning to move forward, that the Iraqi Government and the people of Iraq are moving toward the day when they will be able to stand on their own two feet, that they will be able to take care of themselves from a security standpoint and in every other way be a functioning entity in that region for stability and economic progress. That is the goal; that is the purpose of the sacrifices we are making today--to make this world safer for all people.

I compliment the President and the leadership of his Cabinet-- particularly Secretary Rumsfeld and Secretary Rice--as they carry out the missions of the Departments of Defense and State at this very difficult time. Now is not the time for the Senate to start eroding the confidence we have in the challenges we face and the way we are proceeding to meet those challenges. I believe we are making good progress, and we ought to compliment the administration for the work they have done in this very difficult period in our Nation's history.

I urge the Senate to approve this substitute.

Mr. President, my friend, Billy Ross Brown, has retired from the First South Farm Credit, ACA Board of Directors where he served faithfully for many years.

Billy Ross became a director on the Oxford, MS, PCA Board in 1968 and he served as chairman of the board from 1975 to 1985. He was then elected to serve on the First South Farm Credit Board and served from 1985 to 1990.

He left the First South Board after being recommended by me and appointed by President George H.W. Bush to serve on the Board of the Farm Credit Administration and the Farm Credit System Insurance Corporation in Washington, DC. During this time he served as the first chairman of the Farm Credit System Insurance Corporation where he nurtured it through its startup as a Federal agency and directed it as it began to capitalize the Farm Credit System insurance fund. He was subsequently appointed chairman and CEO of the Farm Credit Administration where he served with distinction until October 1974.

While at the FCA, he undertook the first critical internal review of the agency, which provided him with useful insights and perspectives as he guided the agency through a difficult period of adjustment, following the system's financial stress in the mid-1980s. At his recommendation and under his direction, FCA undertook its first efforts at relieving regulatory burdens. He authored the agency's first statement on regulatory philosophy which reflected his commitment to cost-effective regulation and risk-based examination and supervision. It was his belief that any cost savings or efficiencies derived by the cooperatively owned Farm Credit Institutions would ultimately benefit the system's farmer borrowers and thereby benefit all agricultural producers.

After Billy Ross moved back to Oxford from Washington, the First South Farm Credit nominating committee nominated Billy Ross to run again for the First South Farm Credit Board. Billy Ross served again on the First South Board from June 1999 until his mandatory retirement in March 2005.

Billy Ross has served the Farm Credit System and U.S. agricultural interests for over 36 years. Combined with

his father's service to the Farm Credit and the local PCA, the immediate Brown family has over 55 years of service to American agriculture.

No person has served First South Farm Credit, ACA, the Farm Credit Administration, and the Farm Credit System Insurance Corporation with more loyalty, dignity, and honor than Billy Ross Brown.

Over the years, I have observed Billy Ross' dedicated service to his family, his community and his country. He is a true gentleman with a great heart and love for all mankind.

While I wish him well in his retirement, I suspect he will continue to be involved in the ongoing success of Mississippi agricultural interests and I hope he will still find time to fish with his friends, but only if the weather is good.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on the S. 241--to exempt the Universal Service Fund from sections of the Anti-deficiency Act, on Monday, April 11, 2005, at 2 p.m.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Monday, April 11, 2005 at 9:30 a.m. to hold a Nomination hearing.

Mr. President, I ask unanimous consent that the Subcommittee on Emerging Threats and Capabilities be authorized to meet during the session of the Senate on April 11, 2005, at 2 p.m., in open session to receive testimony on the Chemical Demilitarization Program of the Department of Defense in review of the defense authorization request for fiscal year 2006.

Mr. President, I ask unanimous consent that Mr. Les Spivey, Mr. B.G. Wright, and Mr. Chad Schulken of the Appropriations Committee staff be granted full floor access during the consideration of H.R. 1268, the fiscal year 2005 emergency supplemental appropriations bill.

Mr. President, I ask unanimous consent that Harry Christie, a detailee to the committee from the U.S. Secret Service, be granted floor privileges for the duration of the debate on H.R. 1268.

Madam President, I call up amendment No. 208, which is at the desk.

Madam President, section 402 of the pending budget resolution establishes a procedure for designating emergency appropriations that I believe creates a new and unnecessary hurdle for Congress in responding to emergency situations. It distorts the balance of power between Congress and the President.

Section 402 permits an emergency designation of an appropriation to be challenged on a point of order and provides that the point of order can be waived only by a vote of three-fifths of

the Senate. That point of order has been incorporated in budget resolutions for several years now. It was put in place to curb what was seen as an overuse of the emergency designation to escape the limitations of the caps on discretionary spending. It has served successfully to impose restraint on emergency designations.

But now, in this resolution, the distinguished chairman of the Budget Committee has included, in addition to that requirement, the further requirement that the President must also designate the appropriation as an emergency in order for it to escape being counted against the budget resolution caps for discretionary spending.

While it is true the Presidential designation was part of the process in the original Budget Enforcement Act of 1990, that legislation was a comprehensive measure with a number of budget enforcement provisions, and was before the three-fifths or 60-vote requirement had been imposed on the process. It seems to me we do not need both the 60-vote requirement and the new Presidential designation requirement.

Let me suggest a hypothetical situation. Let us say this provision were in place when this body takes up the President's emergency supplemental request, which has been passed by the other body. Let us say that an amendment is offered on the floor to address an emergency situation not included in the President's budget request, and its emergency designation is challenged by a point of order here in the Senate, and, further, that an overwhelming majority of the Senate votes to approve the emergency designation. Despite the size of the vote in the Senate, so long as it is over 60, and even if the President signs the bill into law, if the President declines to specifically and expressly concur with the congressional emergency designation, the appropriation will be counted against the discretionary cap by the Budget Committee scorekeepers. This is even though the President approves the appropriation.

My suggestion is by signing the bill the President approves the decision of the Congress that the funds are needed, and that they should be spent, and that they are needed to address an emergency.

So despite a substantial majority vote here in the Senate on a particular appropriation provision, despite congressional approval of an appropriations bill, including its emergency designation, and despite the President signing the bill, approving the bill with this provision in it, the President can effectively nullify the action of the Congress relative to the caps on spending set by Congress in its own budget resolution.

I believe the inclusion of this additional Presidential power should be stricken from this resolution and we should enforce our budget provisions with the 60-vote point of order as provided by our rules and under the law. Congressionally imposed caps on spending should be set and enforced by Congress, not by the President.

Mr. President, this amendment seeks to ensure that it is Congress who sets the discretionary caps and enforces them. It does not transfer to the President a new power of enforcement. If the President submits an urgent supplemental, as he has done now, and the House passes a supplemental bill and it comes to the Senate, if we add an emergency designation for an item, you can make a 60-vote point of order against that if it exceeds the caps, and we enforce that cap in that fashion.

This adds that the President has to enforce it by specifically agreeing that it is an emergency. That is not in the law now, and it should not be added on this resolution.

Mr. President, I move to reconsider the vote.

Mr. President, today I am introducing two Senate Joint Resolutions appointing citizen regents to the Board of Regents of the Smithsonian Institution. I am pleased that my fellow Smithsonian Institution Regent, Senators Frist and Leahy, are cosponsors.

The Smithsonian Institution Board of Regents recently recommended the following distinguished individuals for appointment to six year terms on the Board; Robert P. Kogod of Washington, D.C., and Shirley Ann Jackson of New York.

I ask unanimous consent that a copy of their biographies and the text of the joint resolutions by printed in the Record.

Mr. President, today I am introducing two Senate Joint Resolutions appointing citizen regents to the Board of Regents of the Smithsonian Institution. I am pleased that my fellow Smithsonian Institution Regent, Senators Frist and Leahy, are cosponsors.

The Smithsonian Institution Board of Regents recently recommended the following distinguished individuals for appointment to six year terms on the Board; Robert P. Kogod of Washington, D.C., and Shirley Ann Jackson of New York.

I ask unanimous consent that a copy of their biographies and the text of the joint resolutions by printed in the Record.