Kay Hutchison

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent to speak up to 10 minutes as in morning business.

Mrs. HUTCHISON. Mr. President, I don't know what the parliamentary situation is, if my time is not to be charged to the bill or charged to the bill. Could the Presiding Officer inform me?

Mrs. HUTCHISON. That would be my request.

Mrs. HUTCHISON. Mr. President, I am rising to say we now know we will get the votes on the reconciliation and we are going to have a vote on the Defense appropriations bill which includes the ANWR legislation as well as the Katrina hurricane relief and the Rita hurricane relief. I rise tonight because I hope we now see the pathway to finishing a very productive year in the Senate. It is never easy to pass legislation in the Senate. We all know that. We have 100 Senators representing 50 States and everyone has a different idea. What we have to do is come together for the good of our country. If ever there was a time when important legislation for the families of our country, for the military men and women of our country, for the children of our country, for the future, to have energy independence for America, this is the time when we must say, even if I don't like everything in this bill we must pass it. I don't like everything in this bill. Not one Member would say we liked everything in this bill. However, what we have pending in the appropriations bill for our Department of Defense and regarding ANWR is essential for the future of our country. I hope my colleagues will look at this last opportunity we have this year to do what is right for our country. On the appropriations bill, the chairman of the committee has done an incredible job. We are going to have a budget to which we will adhere. It is going to have an across-the-board cut to pay for the Katrina relief we all are seeking. We are trying to do the responsible thing. That is to meet the crises facing our country, the war on terror, doing what is right for our military men and women with boots on the ground as we speak, helping to make sure terrorists are stopped from disrupting Iraq and Afghanistan and coming back to America. We are trying to do those things. We are trying to help the victims of Katrina, Rita, and Wilma. We are trying to make these important new expenditures in a responsible way with an offset of an across-the-board 1-percent cut in discretionary expenditures with the exception of veterans' health benefits. We are not going to cut those. We know the Veterans' Administration was running out of health care money, so we gave them an emergency supplemental to make sure veterans' health care needs are addressed. Other than that, we have a 1-percent across-the-board cut in discretionary spending as an offset, because that is the responsible way to help rebuild the gulf coast that has been hit so hard this year. We are taking up the Defense appropriations bill along with ANWR. Sometimes I hear on the other side of the aisle arguments as if we had not passed ANWR in the Senate. We have passed drilling in ANWR in the Senate because we know we must have an energy policy in this country that will produce more energy, more types of energy. We have to employ conservation to conserve energy. At the same time, we have to promote solar energy; renewable sources, such as wind energy; research into other types of new fuels, which we are doing every day, so we have new sources; and increasing our domestic supply of oil and gas, which is the bread and butter of our energy needs for this country. We are over 50 percent dependent on foreign sources for our energy needs in America. That is not a position in which the strongest Nation on Earth should find itself. We should have the capability to provide our own energy and depend on no one. Drilling in ANWR would give us the amount of oil that we get from Saudi Arabia every day. We are looking at 4 billion to 11 billion barrels of recoverable oil and gas in this area. I will never understand why the people who are so opposed to this will not go and look at it. The Wildlife Refuge is an area the size of the State of South Carolina. The area to be drilled is under 2,000 acres. Because we have new technologies, you can now drill for miles underground without ever marring the surface. So we are talking about an area the size of Dulles Airport that would be the drilling site in an area the size of South Carolina. Are there trees in this area? No. There is not a tree in this area. It is grassy plains. Drilling is not going to harm the environment. It is going to be done in an environmentally safe way. It will increase the energy supply in our country. The people of Alaska, where this is to be done, want it. They have overwhelmingly supported it time and time and time again. They have supported it in polls. They have supported it in coming to Washington to seek the approval of Congress because they want the jobs. They want the economic boost. So this is something that is good for everyone, and it is the right thing to do for our country. So I hope, as we start voting on these very important bills and finish the business of this year--I hope very soon because so many of our Members want to be with their families at this time of year, just like everyone in America does--I hope we will do the responsible thing. We were elected to represent the people and to stay here as long as it takes. I hope we do that tomorrow and we deliver to the American people a reconciliation bill that sets the budget on a path to lower our deficit by half, as the President has asked us to do, over the next 5 years; a Defense appropriations bill that will give the Katrina and Rita victims the help they need and deserve, and to be able to drill in ANWR so we will be able to add one more new source of energy for our country that we control, that we do not depend on foreign sources to produce for us. That is another vote for the stability of the economy and the national security of our country. I urge my colleagues to do the right thing as we start these important votes tomorrow. Thank you, Mr. President. I yield the floor.

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

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to speak in favor of the Defense appropriations bill, in favor of Katrina and Rita supplemental help. This is such an important piece of legislation. This is a bill that has already passed the House. It only lacks Senate approval to go to the President and give the Defense Department the appropriations it needs to do the job we are asking them to do. It will also help the people on the gulf coast who have been waiting for the signal that they will have some relief. I start by talking about the defense part of this bill and say that it would be unthinkable not to pass the Defense appropriations that we must have to stay in an orderly way, going into the next year, with the priorities we have set for this fiscal year. Continuing resolutions are last year's priorities. So it is essential for Congress to act. I have heard some on the floor say: ANWR is a big surprise. ANWR is hiding the ball. Putting ANWR in this bill is somehow thwarting the will of the Senate. The opposite is true. The Senate has voted in favor of ANWR. The House and the Senate have voted in favor of ANWR. If we were putting something in a conference report that had never passed the Senate, that would be one thing. ANWR has been adopted by the Senate. Those who would hold up this bill are thwarting the will of the majority. I do believe we have a national security issue and an economic viability issue for our country if we put our heads in the sand and say, well, we know there is a shortage of energy, we know the price of gasoline has gone up almost a dollar--it went up almost $2 after the hurricanes hit for a short period of time, but thanks to the leadership of the President, who took very swift action opening the reserves, we were able to bring the price back down, but we know there is an energy shortage in the world. We know there are various reasons for that because there are more consumers now, because the economies of China and India and other places are now using more energy. So if we are a country that is looking out toward the future, if we are a country that is going to make sure we have economic viability, we must take the steps to assure that we have energy supplies from our own resources in order to meet this challenge, and that means that we look for new sources of energy. It means we do research for renewable sources of energy. It means we highlight conservation and give tax credits for all of these items that would add to our energy stability, and yes, it also means we provide more opportunity to drill for the basic energy providers for our country, and that is oil and gas. For some of those whom I have heard debating, to say, Oh, yes, we have an energy crisis in this country, but we should not drill on the east coast and we should not drill on the west coast and now we should not drill within 200 miles of Florida and we should not open up ANWR, is irresponsible. We should be looking to open up our own resources so that we are not dependent on foreign countries for our energy needs, and we should do it by opening up ANWR, which is the largest domestic resource we have. Approval for this has been passed by a majority of the Senate and a majority of the House time and time again. The will of the majority is being thwarted again, because we are looking to the future. Let us take another argument that could be made. Maybe the people who live around ANWR or in whose State ANWR is do not want it. Are we forcing something on them by allowing this drilling? Oh, no. The people of Alaska have said time and time again they do want to drill in ANWR. They want to drill in ANWR because they know it will be done in an environmentally safe way. They know that the area which would be drilled is an area about the size of Washington National Airport in ANWR, which is an area the size of the State of South Carolina. The people of Alaska know that. They know it will not hurt the environment of their own State. They know it will provide jobs for their people. They know it will provide quality education for their children and small business opportunities for the people who live there and would come there to add to the economy of Alaska. So the people of Alaska who would feel the direct impact of drilling in this very small area want ANWR to be drilled because they know what it will do for the economy of their home State of Alaska. So we have the capability to drill in a very small area. By the way, it is grassland. There are no trees in this part of ANWR. Sometimes I see the pictures on television against drilling in ANWR, and it looks like a pristine forest. There are no trees in this area. It is a grassland. In fact, there will be drilling when everything is iced over anyway. The roads will be ice roads that will melt in the summer, when there will not be drilling, so there will be no footprint. So I cannot think of anything more environmentally safe, and I think it is very important for the future of the economy of Alaska and more importantly for the future security of our country because economic security is national security. Can one imagine an economic downturn when we have had so many crises in our country in the last 5 years, starting with 9/11, a war on terror, an insurgency in Iraq, Afghanistan, which is on its way to self-governance, and then there is Katrina and Rita, a tsunami and an earthquake in Pakistan, and we are trying to help all of the people affected by these tragedies? An economic downturn--it would be irresponsible for us to allow it to happen if we have any control, and ANWR is part of establishing our economic security by assuring that we will have energy no matter what else happens, whether it is a hurricane or whether it is a foreign country that provides a good source for us of oil and gas that all of a sudden says: Well, we are not going to provide that anymore, or if we do, it is going to be at such a price that it will affect your economy. We are over 50 percent dependent on foreign sources for our energy needs today in America, and that is not a sign of the strongest Nation on Earth. So to say that ANWR is a surprise is wrong. To say that it has blind-sided the minority in this body is wrong. The Senate has passed ANWR before. We have passed it this year, and it is time that we get this bill to the President. In the supplemental appropriations for the victims of Katrina and Rita, it is so important that we have accomplished the first real help that goes not only directly to the people but also to begin the infrastructure improvements where the gulf coast has been ravaged. One of the things I have tried to do in this bill is to ensure that where the evacuees have gone, the money will also go. This is hurricane assistance like we have never seen before. In a normal hurricane, there are maybe 2 or 3 months of significant displacement, and there is a lot of cleanup and a lot of rebuilding, but most people are back in their area after a few weeks. Katrina so devastated Louisiana and Mississippi that people have had to flee with absolutely nothing, and they have had to stay in other States, get jobs if they can, get housing where they can, and educate their children. So that has meant that States such as Texas, Arkansas, Oklahoma, Georgia, and Tennessee have paid a large part of the expense of the taking care of the people displaced by this hurricane, rather than the burden being on those States actually hit by the hurricane. So we have had to rethink the model for how to provide this assistance and how we meet the needs of today. My home State of Texas, I think it is well known, has taken in the range of 400,000 evacuees. We have in the range of more than 40,000 in our school systems. We have had almost no reimbursement for the education of these children. We have had to repair schools that were closed so they can reopen. We have had to add temporary facilities. We have had to hire teachers and also try to welcome these children in so they would be able to function in the classroom. This has taken huge resources, tens of millions of dollars from our State. I passed a bill in September that would have allowed the per-pupil cost of educating these students to be reimbursed, which would have especially helped these States which have taken large numbers. Texas has taken the most, but other States, relative to their populations, are in much the same situation. These are hits on education systems that they cannot absorb. Yet the bill I passed in the Senate in September never passed the House. Finally, last night, in this supplemental appropriations bill we have addressed the needs of these children in the way I had asked in September that they be helped. We are giving the help to these school systems that have taken in these children. Our school districts and our States have been footing the bill for these added education expenses since the children came over--in desolation, frankly--right after that level-5 hurricane hit the gulf coast of America. To think this bill would be held up because there are people on the other side who want to thwart the majority that has passed ANWR and would hold up our Defense Appropriations bill and our supplemental appropriation for the victims of Katrina and Rita. I hope those who would thwart this bill would reconsider. In this bill, we have money for the education of the students, which has been a priority for me. It also includes money for repairs and dredging of waterways in the hurricane-affected States; plus, of course, money to start rebuilding the levees in New Orleans; grants for the Department of Labor for displaced workers; social services block grants; Head Start money for children displaced by the hurricanes; community development block grants in the hurricane-affected States, which includes Texas. Texas has spent just about all of its community development block grant money, much of it for hurricane assistance, so we will look forward to replenishing some of that which was needed before the hurricane. It has money for highway, road, and bridge repairs, and for State and local law enforcement assistance. I can tell you, having toured in Houston, Austin, and Dallas, the convention centers where evacuees were being held, there was a lot of overtime money for the law enforcement personnel, and that needs to be reimbursed because those police departments and sheriffs departments are not able to absorb that. There is money from the Small Business Administration for disaster loans and money for manufacturing extension centers. There is an offset for all of this added money because there are many people in our country who believe that spending more money and adding to our deficit is not the responsible thing to do. So there is a 1- percent across-the-board cut in discretionary spending. Veterans are exempt from this. Obviously exempt from this would be salaries of our military and civilian personnel. There will be no cuts in veterans health care. That is something I talked to Senator Cochran about on Sunday, to make sure we did not cut into the veterans health benefits, because we had just put in an added $1.2 billion because there were more calls on the veterans health care programs. I certainly didn't want to get into a hole in that department. We have offset this supplemental expenditure with an across-the-board cut in the discretionary spending and other areas so we do not add to the deficit. In addition, in this conference report, we have ensured that avian flu vaccines will be available in this country. Again, we are looking out for something that we see happening in another part of the world and are trying to protect our citizens if somehow avian flu does come to our shores. The LIHEAP money we have passed on this floor has an added amount of $2 billion for home heating assistance. That is very important in certain places in our country where heating assistance is needed. We all know the cost of energy is going to be very high this winter. There are border security improvements. I come from a State that is very concerned about the security of our borders. I went with the majority leader just 2 months ago on a helicopter tour of the border, where we saw the footprints that were very fresh in the fields in Mexico, that walk right into the Rio Grande River, knowing those were illegal aliens who had just come into our country. We went to one of the border stations where we saw illegal aliens being processed. They were not from Mexico, they were from other countries. So the funds for increased border security are in this bill. This is something that is important to the security of our country. I hope we will be able to pass this bill without being thwarted by the minority. We will have more than a majority if we are forced to cloture. I do not know if we will have 60 votes, but it will be the majority of the Senate speaking on these important issues: the Department of Defense appropriations and the Katrina and Rita supplemental appropriation which will get people the help they need in important areas such as education, debris cleanup, medical treatment, and reimbursement. It has provided for other areas of emergency needs such as the avian flu vaccine, LIHEAP assistance, border security improvements--things that we have worked on all year in the Senate and which have the support of a majority of this body. This is not the time to be held up on procedural motions that would require 60 votes when the majority should be able to go forward on policies that have been set in the Senate all year. The Senate has passed ANWR. The Senate has passed Katrina- and Rita-related supplemental appropriations. The Senate always passes the Department of Defense appropriations. It would be unthinkable not to be able to do that before we leave for the year, to fulfill our responsibility. I hope we can come together at a time when we should show our country this unity. I yield the floor. I suggest the absence of a quorum.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, the conference report on the authorization of the National Aeronautics and Space Administration is in its final stages of being approved. There are some things that are still to be worked out, but I am proud to have been the subcommittee chairman of the NASA Science Subcommittee that produced--along with the House, of course, and the full Commerce Committee--what I think is an excellent authorization of our National Aeronautics and Space Administration. I worked with my colleague, Senator Nelson of Florida, to produce a bill that does envision the flight to space, the flight to the moon again, and then to Mars. It is the vision laid out by President Bush in January of 2004. It is incumbent on Congress to lead the National Aeronautics and Space Administration and also to support it fully so that we will continue the vision that John F. Kennedy had when he said: We will put a man on the moon. Now we can take it the next step and put a man on Mars, a woman on Mars. It is important that we understand that this is important not only because it is a huge feat and victory for the world that we can do this but also because we get so much basic science from making this commitment. It improves our quality of life right here on Earth. This conference committee report does authorize funding for NASA at $17.9 billion in 2007 and $18.7 billion for 2008. That gets us on track to fund the shuttles that will continue to build out the space station and also to begin immediate work on the crew return vehicle that will be the next generation of vehicle going into space after the space station has been completed. It is a congressional responsibility to set the parameters for what we do with NASA, and we are taking that responsibility seriously. We believe that we should finish the space station, finish the international commitment that we have made to our partners and allies who have put millions of dollars in the space station, and so that we can continue the basic science research necessary, not only for us to learn how we can live and work in space for those people who will be going to the moon again and then later to Mars but also for the basic geological findings we know we can find if we explore the Moon and hopefully Mars. And something that was said at one of our Commerce Committee hearings by Dr. Sam Ting of MIT, there is very important physics research that using the cosmic rays to determine how we might have alternative forms of energy is a very important purpose for the space station to be completed. This report also designates the U.S. portion of the space station as a national laboratory so that we can bring other funds besides NASA funds, besides Government funds into the space station, and that will help make sure we are able to do the most possible research and make the best use of the space station. It demonstrates that Congress puts a great value on the research that can be done aboard the space station and also a great value on keeping our word to our international partners. America must lead in the space exploration and science area, but we must do it in collaboration with other countries. I don't think we should just consider ourselves competitors with other countries. If we are going to be the leader, we should lead. We should go forward. We should break the barriers. And we should share with others what we have learned for the good of mankind. That is exactly what this bill envisions. It also supports aeronautical research. This has been a fundamental part of NASA activities since its inception. It will allow us to continue the great work that has been done in the past. It will assure that we take the next step toward the crew return vehicle that will replace the shuttle at the earliest possible time. We will accelerate that process. I am very proud of this conference report. The House and Senate worked together very well. It was a bipartisan effort and a bicameral effort. We are going to see a new impetus for NASA with the support of Congress and the President. That is exactly what this country should be doing at this time. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the aide to our committee clerk for the Science and Space Subcommittee be permitted the privilege of the floor, Tom Cremins.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank the Senator from Arizona for the passion and commitment he has to the protection of our law enforcement officers, who are doing a great job for us. I appreciate what he is saying and doing.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that there be 1 hour of debate equally divided between the two managers in relation to the conference report to accompany H.R. 2528, the Military Quality of Life and Veterans Affairs appropriations bill. I further ask consent that following the use or yielding back of time, and when the Senate then receives the conference report, it be immediately considered, and the conference report be adopted, with the motion to reconsider laid upon the table.

Mrs. HUTCHISON. Mr. President, I believe what we bring before the Senate today is a product worthy of our support. The conference report has been crafted under two different approaches. What I believe has emerged is not only a good compromise but also makes strides in both oversight and policy. What has emerged is a solid recommendation. I thank my chairman, Senator Cochran, for his leadership. This subcommittee faced some extreme budgetary shortfalls, and without his leadership, and basically allocating more resources to this committee, we would not be able to bring this conference report to the Senate today. I also especially thank my ranking member, Senator Feinstein, for her constant support and willingness to work together. I thank her staff as well: Christian Evans, B.G. Wright, and Chad Schulken for their hard work and professionalism, along with my great staff, Tammy Cameron, Dennis Balkham, and Sean Knowles. It has been a team effort and I appreciate that so much. The military construction portion of our bill provides $6.2 billion for military construction, $5.1 billion of which is for Active Component construction, and $1.1 billion for Reserve Component construction. It also includes $4 billion for family housing. There is $1.75 billion for BRAC implementation and cleanup for both 2005 and prior rounds. The conference agreement also provides necessary services for our service men and women and their families, not only enabling them to effectively do their jobs, but also providing an improved quality of life in our military communities. This is important for many reasons. Of course, it is the right thing to do for our military. It is also the smart thing to do with our tax dollars. In this time of war and frequent deployments, recruiting and retention, maintaining a ready and available workforce is very much on the minds of our military leaders. We often say, in this era of an All Volunteer Force: You recruit individuals, but you retain families. The quality-of-life improvements that make our military communities great places to live are crucial in the retention of military families. Within this conference report before you, we fund projects that will improve the lives of those families. We fund 11 family housing privatization projects, which will provide high-quality, market-standard housing for nearly 15,000 military families; 39 barracks projects that will get our single soldiers, sailors, airmen, and marines out of substandard living conditions, or, in some cases, off ships and into first-rate facilities; and schools, child development centers, and family support centers that will ensure our servicemembers' children and spouses are cared for, are included in this bill. These improvements make it easier for troops to deploy, to focus on their day-to-day jobs, while giving them the peace of mind that comes with knowing their families and homes are taken care of, so they can give their attention to the job we are asking them to do--protecting America. The conference report provides the first piece to the most recent BRAC round. With the funds provided, it places priority on those funds which are critical to carrying out BRAC, while providing the necessary financial oversight of the resources provided. For our veterans, we have fully funded the President's request for veterans benefits and health care. This has not been easy. House and Senate conferees have provided $22.547 billion for medical services, which includes $1.225 billion in emergency funding to fully meet the President's amended request for medical care for the country's veterans. This conference has strongly responded to the VA's recent budgetary shortfall by putting in place stringent financial reporting requirements in an effort to avoid the repeat of budget crises witnessed this summer in VA health care. We have fully funded the request for medical facilities and infrastructure, totaling $3.3 billion for fiscal year 2006. We have created three Centers of Excellence for mental health care, while at the same time fully funding health care for post traumatic stress disorder and other mental health care throughout the VA. The conference has funded medical and prosthetic research at $412 million, which is $19 million more than the President's request. This is important because we know many of our troops coming home from Iraq and Afghanistan are suffering from loss of limbs, to a greater extent than we have seen before. So we want the research to make sure the prostheses they have make them fully ambulatory and able to function in the rest of their lives. The conference takes the unprecedented step of providing $15 million specifically dedicated to Gulf War Illness research for this year and the next 4 fiscal years, fulfilling the Research Advisory Commission's recommendations on Gulf War Illness. This is a disease for which we must determine the cause so we can treat the one in six who returned from the Gulf War with these symptoms and protect future service men and women from contracting this disorder. The conference report before you today establishes a new account within the VA dedicated to information technology systems. Not only does this new account provide for increased oversight and consolidated information technology efforts within the VA, it codifies the new position of a VA Chief Information Officer and subsequent reorganization. I believe this is a critical step toward helping the VA achieve success in medical recordkeeping and medical record availability. Its HealtheVet-electronic patient records project paid great dividends during the recent hurricanes. In fact, the conference report has also responded to the recent hurricanes by providing the VA authority to establish an Assistant Secretary for Disaster Preparedness, something which will enable the VA to better respond to future disaster situations. Finally, we have provided $1 million over the President's request for the American Battle Monuments Commission for an environmental study to save the eroding monument at Normandy Cemetery. All in all, I believe the conference report before the Senate provides much-needed resources and does so while maximizing our limited resources in meeting the greatest needs of our military, their families, and our veterans. On a personal note, I want to say I have worked very closely with Secretary Jim Nicholson of the VA, and I know of his dedication to doing what is right for our veterans, something we all wish to do. I appreciate his leadership. We owe our active-duty military, our Guard and Reserves, who stand ready to serve, and our veterans, who have served, the care of our country. We have achieved these goals in the conference report today. Therefore, I urge my colleagues to vote in favor of this conference report. Mr. President, I yield to my ranking member, Senator Feinstein.

Mrs. HUTCHISON. Mr. President, collegiality and bipartisanship is a two-way street. You can't do it if only one person wants to do the right thing. I have worked with Senator Feinstein. She has been chairman of our committee, and I have been ranking member. I have been chairman, and she has been ranking member. We have always come together to do what is right for the military personnel who are defending our country as we speak today. We both believe in quality of life, good housing, good health care facilities, good childcare facilities, and all the things that we can provide in the purview of our bill. And now we have the veterans, which has been added to our bill this year, which is a great opportunity for us to continue to say thank you to those who have preserved the freedom for our generation. We have come together on the goals, and I could not ask for a better partner.

Mrs. HUTCHISON. I so appreciate that we can do this in the Senate, which is what we ought to be doing in every committee. I hope by our ability to do this--frankly, the Appropriations Committee, in general, does so--we will be able to create a better America for all of our constituents. I thank the Chair and yield back all of my time.

Mrs. HUTCHISON. Mr. President, we have already passed the resolution. When it comes from the House, we have deemed that it would be passed here. With that, I yield the floor and suggest the absence of a quorum.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 4133, which was received from the House.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the amendment at the desk be agreed to, the bill, as amended, be read a third time and passed, the motions to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mrs. HUTCHISON

Mrs. HUTCHISON. I ask unanimous consent I be yielded 5 minutes off the bill.

Mrs. HUTCHISON. Mr. President, I wish to speak today on an amendment that has been offered on this bill that I very much hope the Senate will not agree to. The Dorgan amendment, which has been offered, would institute a windfall profits tax on the major oil and gas companies. There is the belief among many in this country that oil industry profits are excessive compared to profits of other companies that do business in our country. I do not believe that is the case. In the second quarter of 2005, the oil industry earned 7.7 cents for every dollar of sales. The average profit for all U.S. industry in the second quarter was 7.9 cents for every dollar of sales. Thirteen U.S. industries earned higher profits in the second quarter than the oil and natural gas industry: banking, software and services, consumer services, and real estate. The rate of return on oil sales for the third quarter of 2005 is slightly higher, at 8.1 cents for every dollar of sales. However, the damage to the oil industry caused by the hurricanes will eat into the bottom line in future quarters. British Petroleum has estimated it will take a $700 million hit to the company's energy production and infrastructure from Hurricane Katrina and Hurricane Rita. The Congressional Budget Office estimates capital losses from Hurricanes Katrina and Rita in the energy producing industries will range from $18 to $31 billion. Reinvestment in infrastructure, both production and refining, is a critical issue. My good colleague from North Dakota and I would agree on that point. While I am sure his proposal is well intended, the impact would be contrary to the goals we all seek to achieve. His proposal takes a short-term approach to what is a long-term investment issue. Investments in infrastructure in the oil industry are over long- term windows. What we must do is encourage the oil companies to take their profits and reinvest them back into exploration, production, and refineries. The oil companies seek to invest in refineries, but no one is investing in new refineries in America. In fact, there has been no new refinery built in America in over 20 years. If we are going to have a bigger supply and bring the price of gasoline at the pump down, we must have more oil refineries and more production. We also need conservation. We also need renewable sources of energy. We need new sources of energy. We all agree on that. This amendment seeks to single out oil companies, dub them ``excessively profitable,'' take their profit and give it to the Government to spend as it would, rather than letting the oil companies keep it and invest it in the infrastructure, production, and refinery capacity. That is what will get to the issue we are all trying to address; that is, bringing the price of oil down so the price at the pump will be lower. Senator Schumer has discussed another potential amendment that hits at the big oil companies. I realize that is a political thing for him to do right now. We are not here to do the political hit and run. We are here to do the right thing for our country. We are here to try to build more reserves, more production capacity, and more refinery capacity to bring the price of gasoline down at the pump and to bring the price of energy down for the farmer who is trying to use natural gas. The price is rising such that our small farmers are in a tough position. What Senator Schumer has discussed doing is instituting a double tax on any income made by a company overseas. We are severely restricting the ability for an oil and gas company to drill in America today. You basically cannot drill off the East Coast or the West Coast, nor Florida. We can drill in the Gulf of Mexico, but it is very expensive and requires deep drilling. We hope we will be able to open ANWR--but right now we are very limited. We need to have a supply in our country, with American jobs and more production coming back to America. More and more production is going overseas. I end by saying, the double taxation of one industry is unfair. If we have an oil company and a computer chip company doing business in Italy and they pay taxes in Italy, the computer chip company would get a credit for that tax paid when it files in America, but the oil company would not, thereby paying tax twice. Is that the way to have more oil coming into our country and to drive the price down at the pump? I don't think so. It is counterproductive. I hope the Senate will do the right thing. It may not be the political thing, but it is the right thing if we are going to reach our goal, which is to bring down the cost of natural gas and gasoline at the pump for the consumers and the small business people of our country, keeping our economy strong and keeping jobs in America. The way to do this is not to single out the oil companies. We must invest in infrastructure, more production, and additional refineries. If we will help them with a regulatory system that does not penalize them and delay construction for 10 or 15 years, we can bring the price of oil down. It will be to the benefit of everyone in our country. I urge my colleagues to vote against the Dorgan amendment and any potential Schumer amendment. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank the distinguished chairman. I appreciate very much the chairman bringing this pension reform bill to the floor. As a Senator from a State that has several major airlines, three headquartered in my home State of Texas, I know this is very important for them. It has been worked on for a long time. I appreciate the efforts of the distinguished chairman in this regard. Judge Alito I also want to take this opportunity to answer some of the things that have been said in the Chamber today, particularly about Judge Alito, who is the President's nominee for the Supreme Court of the United States. It has been implied in the Chamber today that maybe he doesn't deserve an up-or-down vote. After all, Harriet Miers didn't get one. I am the perfect person to say I think Harriet Miers should have gotten one. I do believe Harriet Miers was qualified for the Supreme Court. If she had been allowed to open her mouth and say what she believed and talk about her experience, she would have been confirmed, and she would have been a superb Justice. However, Harriet Miers didn't get an up-or-down vote because she withdrew her nomination. She withdrew it voluntarily. It was her decision. I was sorry she did. I didn't want her to make that decision. But to imply that all of a sudden now we have a new standard, that Judge Alito doesn't deserve an up-or-down vote, is absolutely wrong and it must be refuted. Judge Alito does deserve an up-or-down vote just as every nominee for the Supreme Court of the United States who has gone through the committee and come out deserves an up-or-down vote. The idea that seems to be creeping in here is that, maybe for the first time in the history of the United States, there might be a filibuster, a partisan filibuster of a judge, a nominee to be Justice for the Supreme Court of the United States. That would be a terrible thing for the United States of America, for the President, and for the Senate of the United States. It would be wrong for everyone concerned. It would set a precedent that I believe would cause partisanship in this body to escalate to a degree that we do not want to see happen. Partisanship has already escalated in the Senate. I am sorry that it has. But I think there are many instances where we work in a bipartisan way in the Senate, and we accomplish a great deal when we do. So I think the idea of throwing a bombshell into the Senate and breaking all tradition and all precedent and filibustering on a partisan basis a nominee for the Supreme Court who is reported out of committee is wrong, and I hope the hints of that happening are wrong. I hope they are put to bed. I hope we will give this judge his due. This man is qualified for the Supreme Court of the United States by any standard. He has an academic record that is excellent. He has years of experience as a circuit court judge. He is very well regarded as a circuit court judge. His opinions are reasoned. He has even gone against what are his stated personal beliefs in order to adhere to precedent and give great respect to the law of the land. He is everything we are looking for in a Supreme Court nominee. When he has his hearings and he has the chance to answer the questions of the Judiciary Committee and he is then voted out of that committee, even a suggestion that he doesn't deserve an up-or-down vote is outrageous. I hope we can stamp out those little feelers, say this was a misunderstanding, that Judge Alito most certainly is a nominee deserving of an up-or-down vote in the Senate if he is, in fact, voted out of the committee. Amendments To The Iraq Resolution I also want to take this opportunity to discuss an amendment that was agreed to yesterday by the Senate regarding the Iraq resolution. There has been a statement on the floor today saying that this was a rebuff of the President's policies. The rebuff was to the amendment that was put forward that would set a timetable for a withdrawal, that would call on the President to say on a date certain we are going to withdraw troops from Iraq. I have been one in the past who has said we should have a game plan. We should have an exit strategy. I have said that when we were in Bosnia. I said it as we are in Iraq. I said it about Afghanistan. It is a legitimate role for the U.S. Congress to say: Mr. President, give us an update on where we are and give us what we can expect to see. That is exactly what happened. It was not unusual. When we are in a conflict overseas with our troops on the ground, it is not unusual that the Congress would ask for a report on the status of the conflict. Most certainly it is fair to ask for a report. The President welcomed that because he knows the role of Congress, just as we do. Those who would characterize that as a rebuff are wrong. The President knows how tough this situation is. All of us do. Every one of us grieves when we lose one American life. But I will say I could not be more proud than I am of our Armed Forces, our men and women who are fighting for our freedom today as we speak in this Chamber, because those with boots on the ground know that if we set a time prematurely when we would exit, we would embolden the enemy they are facing today. We would say to the enemy: Have at it. No matter what happens, we are out of here on a date certain. Don't you think that puts the lives of those troops who are on the ground right now in jeopardy? The idea that we would do something like that is appalling. The Senate didn't do it. The Senate voted down an amendment. The Senate rebuffed that amendment because it was wrong. Instead, we did what is the role of the Senate to do, and that is we asked the President for a status report. We asked the President for the game plan for the future. Of course, the President is going to do that. He has been doing that. We have had briefs on the situation in Iraq and briefs on what the next step is ever since we went in to Iraq. Of course it is the right of Congress and the role of Congress to ask for this. The President understands that and actually said he was very pleased that the Congress did that and that he would, of course, do that type of report as he has been doing on a regular basis in various ways, through the Secretary of Defense, through the Joint Chiefs, the Chairman, and the Ambassador to Iraq from the United States. We have had reports from all of these people on the status. We have seen the votes that have been taken in Iraq. We have seen the progress. I think it is important that we set the record straight. On this floor this morning, I think there have been some statements that needed to be refuted, and that is what I have attempted to do. I thank the chairman of the committee for allowing me this time and thank him for bringing this pension bill to the floor. It is a very important bill. It will mean a lot to the employees in my State and the employees throughout our country in airlines that are struggling right now. This is an industry we need to protect.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, one of my longtime friends, Patricia Patterson, and I were recently discussing the life and service of a great American, and I wanted to take a moment and bring to the attention of my colleagues this American success story. Al Casey passed away on July 10, 2004, after a lifetime of contributing strong leadership and a gregarious disposition to numerous companies, communities, and organizations from across the country. After putting himself through Harvard, Al enlisted in the Army during World War II. Following his military service, he returned to Harvard business school, earning a graduate degree in finance. Al loved Harvard, and his friendships there opened doors and enriched his life throughout his long career. Al's first job was in New York for Railway Express. He and Ellie, his wife of more than 40 years, then moved to San Francisco with the Southern Pacific Railroad. Al later worked as President of the Times Mirror Company and the Los Angeles Times for 8 years, before moving to possibly his most visible corporate assignment--CEO of American Airlines. His philosophy, ``you don't have to be mean to be tough,'' carried him to success in most of his professional endeavors, especially with American, where Al provided aggressive leadership. When he came to American Airlines, he had already established a reputation of high ethical behavior. This, combined with his ability to laugh at himself, secured for him the cooperation and loyalty of his employees. Following his retirement from American Airlines, Al began a relationship with SMU's Cox Business School as a faculty member. His teaching career was interrupted to rescue First International Bankshares as it emerged from bankruptcy. Later, he served as Postmaster General of the United States under President Reagan. Al enjoyed this tour immensely, even signing letters to close friends as ``Big Stamp.'' He returned to teaching, only to be tapped in 1991 by President George H.W. Bush and Alan Greenspan, Chairman of the Federal Reserve Bank, to pilot the Resolution Trust Corporation--which was charged with disposing of financial and real estate assets left behind in the wake of failed savings and loan companies in the 1980s. It was a massive undertaking that no one thought could be done. Al worked for 18 months and was able to lead the RTC in disposing of almost all of the assets by the time the Clinton administration took office. Al had a positive outlook on life and genuinely desired to know about the triumphs and tribulations in the lives of friends and coworkers. He supported countless community and civic organizations and was committed to improving the cities and neighborhoods where he lived and worked. The effects of his steady guidance and endless enthusiasm for life have been felt in major corporations, in professional associations, in government organizations, and in the personal lives of many Americans. Albert Casey coined ``Casey's Law,'' which holds that ``if anything could go right, it should.'' I was honored to know Al, and I thank you, Mr. President, for the opportunity to commemorate such a fine man. He is certainly missed and fondly remembered.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank the Senator from Pennsylvania for talking about what our people with boots on, on the ground in Iraq, are saying and what they are seeing. I think it is important that we talk to them about the feelings in America because some people might get a misimpression if they listened to people who actually put forward the idea that we would cut and run from something that was started for all the right reasons--to protect Americans. The President, knowing what happened on 9/11, was determined that he was not going to have another terrorist attack on America with weapons of mass destruction. That is why we went into the Middle East. We took on Saddam Hussein, who was known to have, from many different sources, weapons of mass destruction. So we are there, and our troops are doing a great job. We are building the confidence in Iraq. You can see it from the people who are voting with their feet. They are walking to the polls and voting. Even under threat of death, they are working to establish a democracy. They are defying the terrorists. They know what the terrorists are doing to their country, and they are fighting back. And we are going to stand and fight with them, as we promised we would do. I want to talk about this picture. It says more than any words ever could. Michael Yon is a former Green Beret who has been out of the service for years. He is also a gifted photographer and writer. He was embedded in Iraq for 9 months earlier this year. He learned about the area, the people, the unit in which he was embedded, and the situation in Iraq. His photographs capture an honest and inspiring message about our soldiers' service in Iraq, the mindset of the terrorists we are fighting, and what this war is all about. I would like to read Michael's own words describing what happened on Saturday, May 14, 2005, in Mosul, just before he took this heartbreaking picture: Major Mark Bieger found this little girl after the car bomb that attacked our guys while kids were crowding around. The soldiers have been angry and sad for two days. They are angry because the terrorists could just as easily have waited a block or two and attacked the patrol away from the kids. Instead, the suicide bomber drove his car and hit the Stryker when about twenty children were jumping up and down and waving at the soldiers. Major Bieger, I had seen him help rescue some of our guys a week earlier during another big attack, took some of our soldiers and rushed this little girl to our hospital. He wanted her to have American surgeons and not go to the Iraqi hospital. She didn't make it. I snapped this picture when Major Bieger ran to take her away. The soldiers went back to the neighborhood the next day to ask what they could do. The people were very warming and welcomed us into their homes, and kids were actually running up to say hello and to ask soldiers to shake hands. Eventually, some insurgents must have realized we were back and started shooting at us. The American soldiers and Iraqi police started engaging the enemy and there was a running gun battle. I saw at least one Iraqi police who was shot, but he looked okay and actually smiled at me despite the bullet hole in his leg. I smiled back. One thing seems certain: The people in that neighborhood share our feelings about the terrorists. We are going to go back there, and if any terrorists come out, the soldiers hope to find them. Everybody is still very angry that the insurgents attacked us when the kids were around. Their day will come. Mr. President, it is stories like this one that reaffirm why Americans are so proud of our troops and proud of the Iraqi people for embracing democracy and supporting our efforts to defeat terrorism. U.S. troops are not seen as occupiers, as some in our country would have you believe. Our soldiers are standing beside Iraqi forces, and their sacrifice to win the war on terror will never be diminished. We are fighting an enemy who is willing to make a point of killing innocent children. There will be no freedom if we cut and run. We know why we are there, and we will complete the mission. This story shows so much about how our troops feel. And if any person in this country talks to troops who have returned from Iraq, they will tell you similar stories about the feelings of the Iraqi people. Iraqis often are under threat of death if they are talking to American soldiers or trying to do something productive that would move their country forward, such as voting on a constitution, which they did in droves. They are standing firm despite the threats. Our troops are going through the process of teaching the Iraqi police and the Iraqi soldiers how to help themselves, how to work the equipment, and how to counter insurgents who would wait until children are in the picture before choosing to blow themselves up. This is an enemy that we must not let stay on this Earth. We must eradicate it wherever it is. And we must make sure that it does not come to America because if this enemy would wait until children are surrounding our soldiers to do their heinous crimes, what would they do if they came back to America to attack our people? How heinous would their crimes be here? Our President is trying to make sure they do not have that opportunity, that they will not be able to perpetrate their horrible and indecent acts against the people of America on our soil. Our President is taking every step to assure that Americans are secure. So I think it is time for us to stop the partisan bickering. No one in their right mind would suggest that this is a time for America to turn and run. So let's try to work together to make sure we are doing everything possible to help the Iraqi people get on their feet, hold their elections, and begin the process of self-government. Nothing will eradicate terrorism more quickly than showing that democracy and self-governance can work. That is what our President is leading our country and our troops in the field to provide: Safety and security for the Iraqi people so they can govern themselves. The Iraqi people are moving forward with a constitution they have written and they have voted for, which will be followed by more elections of a parliament and leaders who will take this constitution and make the laws that will give freedom to every Iraqi. Freedom is something which they have not known--many of them--in their lifetimes. It is a worthy cause because it will also assure the security of the American people in future generations. Mr. President, I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to pay tribute to Dr. Richard Errett Smalley of Rice University. On October 28, 2005, Texas and America lost a brilliant mind, a great American and a dear friend, Richard Smalley. Early in his life, Dr. Smalley developed a love for science as he collected single-cell organisms with his mother at a local pond and studied them with a microscope. He took this love of science with him to the University of Michigan where he graduated in 1965 with a bachelor's degree in chemistry. After working at a Shell Chemical Company manufacturing plant in New Jersey for 4 years, Dr. Smalley continued his education at Princeton University, graduating with an M.S. in 1971 and his Ph.D. in 1973. He moved his family to Chicago to begin a postdoctoral period with Donald H. Levy at the University of Chicago. While there, Dr. Smalley's work began to elevate when he pioneered what has become one of the most powerful techniques in chemical physics, supersonic beam laser spectroscopy. In 1976, Dr. Smalley joined the Department of Chemistry at Rice University as an assistant professor, where he, along with his colleague, Dr. Robert F. Curl and British chemist Sir Harold Kroto, discovered a new class of carbon molecules called the fullerene, or ``buckyballs.'' This discovery led to the team's 1996 Nobel Prize in chemistry, and spurred the development of nanotechnology as a revolutionary area of science capable of solving global problems in fields ranging from medicine to energy to national security. Dr. Smalley's accomplishments in the field of nanotechnology have greatly contributed to the academic and research communities of Rice University, the State of Texas, and the entire country. He, along with Nobel Laureate Michael Brown, was a founding cochairman of the Texas Academy of Medicine, Engineering and Science, which has played an instrumental role in enhancing research in Texas. Dr. Smalley devoted his talent to employ nanotechnology to solve the world's energy problem, which he believed could ultimately solve other global problems such as hunger and lack of water. His devotion to science and its application to solving world issues earned him numerous honors and accolades, including the Distinguished Public Service Medal from the U.S. Department of the Navy and the Lifetime Achievement Award from Small Times Magazine. While Dr. Smalley may no longer be with us, his legacy will continue to grow as scientists build upon his work and all of us around the world reap the benefits of his discoveries. My condolences go out to his wife Deborah, two sons, Chad and Preston, and the rest of his family and friends.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank my colleague, Senator Bingaman. We have been working on increasing the amount put in the advanced placement program for years. Together, we actually started the Federal funding for this program. It has been a phenomenal success. In fact, in a recent study on the lack of emphasis in science in our country in high schools and colleges, one of the recommendations made by the commission, which I think the Presiding Officer of the Senate sitting in the chair today is familiar with, * * * One of the recommendations is increasing the Advanced Placement Program. That is exactly what we are doing with this amendment. The Advanced Placement Program allows students to pursue college- level studies while still in high school. It is celebrating its 50th anniversary and it is now in 15,000 schools around the world, including 60 percent of high schools in America. Through these programs, students experience a rigorous college level curriculum and have the chance to earn college credit, advanced placement, or both. According to a U.S. Department of Education study, participation in advanced placement courses is a stronger predictor of success in college than test scores or grade point averages. A 2002 study by the University of Texas at Austin showed that among students with the same SAT scores and class rank, advanced placement students scoring three or higher on the exams performed better in advanced college courses than students who participated in concurrent enrollment or who did not skip any college courses at all. Research has also shown that 61 percent of students who take two or more advanced placement exams graduate from college on time. By contrast, only 29 percent of other college students earn a degree within 4 years. When you consider the average total charges at a 4-year public institution in the 2005 school year were more than $12,000 per year and $29,000 per year for private colleges, graduating within 4 years becomes a very important objective. While much growth has occurred in advanced placement participation, a vast gap still exists between the 57 percent of the class of 2004 who embarked on higher education last fall and the 13 percent of the class of 2004 who were prepared to succeed in college by having mastered an AP course in high school. Currently, 40 percent of students entering 4- year colleges and universities are requiring some remedial education while 63 percent of students at 2-year institutions do. This is a significant concern. One or more remedial courses, particularly in math or reading, negatively influence the likelihood that a student will obtain that bachelor's degree. Last year, a fellow Texan and current Assistant Secretary of Education, Tom Luce, wrote a book entitled ``Do What Works: How Proven Practices Can Improve America's Public Schools.'' Among other programs, the book highlighted the importance of advanced placement courses in educating today's students. In his book, Secretary Luce states: Advanced Placement courses are increasingly viewed as a key to driving higher educational achievement by all students, particularly economically disadvantaged and minority students. Secretary Luce dedicated his book to Edith and Peter O'Donnell, two great Americans who know and understand the importance of educating our youngsters. Peter O'Donnell recently sat on the Commission of National Academies which published a report entitled ``Rising Above The Gathering Storm: Energizing and Employing America for a Brighter Economic Future.'' The report outlined a number of recommendations to strengthen America's competitiveness with the ultimate goal of creating new, high- quality jobs. One of the recommendations was to train additional advanced placement instructors to teach advanced courses in mathematics and science. Some ways we can do this are by subsidizing test fees for low-income students who are enrolled in AP classes and plan to take an AP test, and by expanding teacher training and participation in online courses. President Bush requested $51 million in his budget for this program. That would be an increase of $22 million from last year. This amendment I am cosponsoring with Senator Bingaman would accomplish the President's funding goal by adding an additional $7 million. It is very important we do this. It does have offsets. I particularly thank Senator Specter and Senator Harkin and their staffs for helping find the offsets, realizing the importance of this program. My friend Peter O'Donnell was certainly on the mark when he suggested advanced placement would start our students in a higher echelon of academic programs to better prepare them for college. These programs will also help them get through college within a 4-year period, which is becoming more and more of an issue in public and private universities around our country. I thank Senator Bingaman for being a partner with me on this. Since 1998 we have worked on this together. If we can continue to increase the program and, therefore, increase the number of participants, we will see the college students who perform better having more opportunities for science and math careers, which is very important for the future of our country. I yield the floor.

Mrs. HUTCHISON. A voice vote would be fine with us.

Mrs. HUTCHISON. I ask unanimous consent at 3 o'clock today the Senate proceed to executive session and to consecutive votes on the following nominations: No. 386, John Smoak, to be United States District Judge for the Northern District of Florida; and No. 384, Susan Neilson, to be United States Circuit Judge for the Sixth Circuit. I further ask unanimous consent there be 2 minutes of debate equally divided prior to each vote; further, that following those votes the President be immediately notified of the Senate's action and the Senate then return to legislative session.