Richard Shelby

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that the managers' amendments that I now send to the desk be considered and agreed to, en bloc. These noncontroversial amendments have been cleared on both sides of the aisle.

Mr. SHELBY

Mr. SHELBY. Mr. President, I am pleased today to return to the consideration of H.R. 2826, the Commerce, Justice, Science and Related Agencies Appropriations for the fiscal year ending September 30, 2006. I thought we had a very productive opening day yesterday. We heard from many of our colleagues. We will continue to do that. We have several amendments that we are in the process of reviewing on both sides of the aisle here, and we are doing our best to consider the views and concerns of all Members. Again, I would like to reiterate this morning how important it is that Members let me and Senator Mikulski and our staffs know of any amendments they plan to offer. I urge those Senators with amendments to come to the floor. This is a very important bill. This funds a lot of very important agencies, and the quicker we can realize what we have to do and how we are going to go about it, the better off we are and we will expedite this legislation. Mr. President, I suggest the absence of a quorum.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Mr. President, I now send a series of amendments to the desk, and I ask unanimous consent that the amendments be considered read and agreed to, the motion to reconsider be laid upon the table, and that any statements relating to these amendments be printed in the Record, with all the above occurring en bloc. I would note that these amendments have been cleared on both sides of the aisle.

Mr. SHELBY. I suggest the absence of a quorum.

Mr. SHELBY

Mr. SHELBY. I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I am pleased to present to the Senate the Commerce, Justice, Science, and Related Agencies appropriations bill for fiscal year 2006. Since August 25, our Nation has been gripped by the devastation and destruction left in the wake of Hurricane Katrina. We have all watched in horror as this category 4 hurricane ravaged an entire region, and each of us share in the sorrow of those who have lost their lives and their livelihoods. I am confident that the strength of the American spirit will rise to this challenge and, just as we have many times before, that we can and will recover. The bill before us today provides funding for many U.S. Government functions that are critical to hurricane prediction, response, and recovery. The Small Business Administration provides low-interest loans to disaster victims to rebuild their homes and businesses. The Economic Development Administration, under the Department of Commerce, can make funds available to distressed communities to help repair their physical infrastructure. Under the Department of Justice, State and local law enforcement assistance grants can help provide relief to gulf coast law enforcement agencies. Finally, the National Oceanic and Atmospheric Administration is one of three lead agencies responsible for researching, forecasting, monitoring, and warning of hurricanes. It is timely that this bill is being considered on the Senate floor, and I commend the leader for recognizing how important it is to send this bill to the President. This afternoon, I want to take a moment to provide some general background about the bill before us and the programs it funds. The reorganization of the Appropriations Committee earlier this year significantly changed the jurisdiction of the subcommittee. The newly formed subcommittee has jurisdiction over the Departments of Justice and Commerce, as well as the National Aeronautics and Space Administration, the National Science Foundation, and a number of independent agencies such as the Securities and Exchange Commission, the Federal Trade Commission, the Federal Communications Commission, and the Small Business Administration. The major areas of jurisdiction of the CJS bill are counterterrorism, Federal, State, and local law enforcement, our Nation's economy, regulation of the banking and telecommunications sectors, scientific research, including programs to study the oceans and atmosphere, and our Nation's space program. In a year when domestic discretionary dollars are scarce, it has been our goal to ensure that the priorities of our Nation and our States are met while remaining within our allocation. I believe we have accomplished those savings wherever possible and that we have allocated limited resources to meet the highest priority programs. These priorities include bolstering our capabilities for fighting terrorism, assisting with law enforcement activities at the State and local level, measuring and strengthening our Nation's economy, furthering scientific research, and reforming and reenergizing our Nation's space program. In the wake of three successive hurricanes last year and now Hurricane Katrina, we have also taken steps to ensure our Nation's ability to predict and monitor hurricanes. And we have done what we reasonably could within our purview to improve our response and recovery capabilities. The total amount recommended is $885 million above the fiscal year 2005 level at this point in the debate, which is a 2-percent increase. These numbers might suggest that the bill is well below the budget request. However, the bill does not include the proposed Strengthening America's Communities Initiative. The President's budget request for the Department of Commerce included $3.7 billion to implement this new program. The bill before us does not reflect the President's proposal to transfer and significantly reduce these programs. Another noteworthy aspect of the bill is that it includes an increase of over $1 billion above the budget request for the Department of Justice. This is mainly due to the restoration of the proposed cuts to State and local law enforcement grants. I know the Presiding Officer is very involved in that. The bill also recommends nearly $7.2 billion for the Department of Commerce, including NOAA and NIST, which is an 8- percent increase over last year's funding level. Many Department of Commerce programs were proposed for termination in the President's budget for 2006. Rather than terminating these programs, the bill before us includes funding for the Economic Development Administration, which is so important to every State, the public telecommunications facilities, planning and construction grants, and the Technology Opportunities Program. In the science title of the bill, we have restored the 8-percent reduction from last year's enacted level that was proposed by NOAA. There is continued frustration among many of my Senate colleagues about the Department's repeated request to reduce NOAA funding. NOAA provides many critical functions to hurricane prediction and warning. Further, our oceans and atmosphere constitute one of our most precious natural resources, and I believe we can all appreciate the importance of both to human subsistence. I believe we should be increasing NOAA's budget, as the bill does, not cutting it. In addition, this bill provides funding for NASA to move forward with the exploration vision while fully funding the ongoing activities of the space shuttle and the International Space Station. The recommendation fully funds constellation systems and provides NASA with funds to prepare a servicing mission to the Hubble space telescope. Many of NASA's facilities in the gulf region sustained significant damage from Hurricane Katrina, and we have not addressed those issues in this bill. We expect to address them in the next supplemental spending measure that will be considered. Finally, in the related agencies title of the bill, we include full funding for the Securities and Exchange Commission, for the Federal Communications Commission. The recommendation rejects a number of proposed program eliminations within the Small Business Administration. This, overall, is a pretty lean bill. We had to work with our allocation. We had to make tough decisions to get here. I think my colleagues will find that this bill does support core functions and even provides increases where critical. The bill addresses the most pressing needs that were brought to our attention both by the administration and by my colleagues on both sides of the aisle. Overall we believe we have crafted a bill that reflects the priorities of this committee, as well as of the entire Senate. I take this opportunity to thank Senator Mikulski, my friend and colleague, who is the ranking member on the committee. We have worked together this year, as we have in many years, to produce a bill that is fair and forward looking under intense time and budget constraints. I look forward to continuing to work with Senator Mikulski on the Senate floor and in the future. I also reiterate the leader's position, which is that we must act on this bill expeditiously. I urge my colleagues to come to the floor and offer their amendments. I will try to work with them, but let's act in a timely manner. Time is of the essence now. Amendments Nos. 1655 through 1658, en bloc Mr. President, I now send a series of amendments to the desk. I ask that the amendments be considered read and agreed to, the motions to reconsider be laid upon the table, and that any statements relating to these amendments be printed in the Record, with all of the above occurring en bloc. These amendments have been cleared on both sides of the aisle.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to pay tribute to a long time friend and lifelong Alabamian who recently passed away. Mr. L. D. ``Dick'' Owen, Jr. died at the age of 86 following a life dedicated to service, family, his community and his State. Dick has led a remarkable life. As a war hero, he received six Bronze Stars and an Arrowhead. He served as a U.S. Paratrooper during World War II in North Africa and Europe, and in the Far East during the Korean Conflict. As a public official, he was devoted to the environment, agriculture and education. And as a member of the Bay Minette community, Dick was a dedicated public servant to his hometown and served in numerous volunteer positions throughout his life. Born in Baldwin County on April 10, 1919, he attended Baldwin County Schools and graduated from the University of Alabama in 1941. Upon college graduation, he was commissioned as a 2nd Lieutenant in the U.S. Army Reserve and entered Active Duty on June 27, 1941. In August 1942, Dick attended Airborne School, and after completion of training at Fort Benning, GA, he was assigned to the 504th Paratroop Infantry Regiment, 82nd Airborne Division at Ft. Bragg, NC. He served overseas from May, 1943, until November, 1945, and it was during his service in Europe that he received six Bronze Stars and an Arrowhead for his participation in the invasions into Sicily, Naples, Rome (Anzio), Rhineland, the Aredenes (Battle of the Bulge) and Central Europe. He was awarded the highest Dutch military decoration, the Militaire Willems Order, and also the Belgium Citation Fourogere, while his unit, the 504th, received the Distinguished Unit Citation. Upon his separation from Active Duty, Dick served in the Army Reserves and was recalled to Active Duty in November, 1950, serving at Ft. Jackson, SC, and deploying to Japan and Korea with the 187th Airborne Regimental Combat Team. He retired as a Lt. Colonel from the U.S. Army Reserve in 1963. Upon retirement from the Army, he settled back in Bay Minette serving on the School Board, as President of the Bay Minette Chamber of Commerce, and as an active participant in the United Fund, the American Red Cross and the American Cancer Society. In 1950, he was elected State Commander of the V.F.W. He was appointed to the Alabama Battleship Commission in 1963, a position he held for the remainder of his life. He was also a member of the Bay Minette City Council, was Probate Judge in Baldwin County, and was one of two Alabama members on the Gulf Marine Fisheries Commission. It was not until my time in the Alabama Legislature that I was really able to get to know Dick Owen. He was extremely committed to his positions in both the State House and State Senate, and his constituents were well served by his dedication to them and his devotion to the issues. He was elected to the House in 1965 and served two terms before being elected to the Senate in 1970 where he also served two terms. In the Senate, he was Chairman of the Finance and Taxation Committee and Chairman of the Conservation Committee. He also served as a member of the Commerce, Transportation and Common Carriers Committee; the Insurance Committee; the Constitution and Elections Committee; the Agriculture Committee; and the Local Legislation No. 1 Committee. He also held positions on the Interim Insurance Study Committee and was Chairman of the Fishing Reef Committee. During his career, Dick focused his energy on a number of issues. Whether it was agriculture, education, conservation or prison reform, he recognized the importance of these issues to his constituency and the entire State of Alabama. As a member of the Senate Agriculture Committee, he supported development, growth and protection of Alabama's agriculture and forestry industry. He led the fight to keep farm truck prices low, and he favored expansion of the Farmer's Market Authority. In addition, he sponsored a number of bills relating to conservation, forestry, agriculture and law enforcement. Among these were the $43 million State Parks Program and the Anti-water Pollution Act. As a Representative and Senator, Dick Owen was a strong advocate for educational opportunities for all people, and he recognized the need to make improvements to the education system in Alabama. Before his election to the Alabama legislature, he was proud to help bring Faulkner State Community College to Bay Minette. He sponsored many bills in both houses to conserve our natural resources and ensure continued growth of renewable resources. He received the ``Governor's Conservation Legislator off the Year'' award in 1971 from the Alabama Wildlife Federation. Dick was also active in prison reform work and was recognized by law enforcement and prison officials for legislation he authored regarding this issue. Year after year, he was a champion for his constituents. Well after Dick left politics and public life, he continued to serve his community and State well. He owned Builders Hardware and Supply and was active in the Bay Minette Rotary Club. He was a devoted alumnus of the University of Alabama, contributing his time and energy to the growth of the Alumni Association. He was also a Mason, Shriner and active in the Baptist Church. A devoted family man, he is survived by his beloved wife, the former Annie Ruth Heidelberg of Mobile; his son L.D. Owen III of Bay Minette; his brother James R. Owen of Bay Minette; and his sister, Nell Owen Davis of Gulf Breeze, Florida. He also has three grandchildren and two great-grandchildren. I cannot say enough about the impact this man had on so many lives. As a war hero, a legislator, a community advocate, a husband and a father, Dick Owen spent his life making Alabama and this country a better place. He will be greatly missed by all who knew him.

Mr. SHELBY

Mr. SHELBY. Madam President, I rise in support of the conference report. I am in support of the conference report to accompany H.R. 3, the surface transportation reauthorization bill. This is a bill, that Senator Sarbanes and I have been working on in the Banking Committee for over 3 years now, and I look forward to seeing it signed into law. It has taken 12 extensions of TEA-21 to reach agreement on this bill. It is time to get this bill completed and furnish States with resources for needed transportation infrastructure and implement these important policy improvements. The transportation bill has many important components which I am proud to stand here today and support. I am especially proud of Title 3, the Public Transportation Title. I extend my personal thanks to Senator Sarbanes, the ranking member of the Banking Committee, for all the work he has done to help craft our committee's approach to strengthening public transportation, both in terms of funding and policy. I would also like to thank Senator Allard and Senator Reed, chairman and ranking member of the Subcommittee on Housing and Transportation, and Senator Johnson who also served as a conferee. This bill was truly a bipartisan, collaborative effort. I am very proud of what we have been able to accomplish. In this bill, we have increased the ability of States to use money flexibly. We made new and innovative technology, like bus rapid transit, eligible for significant Federal investment for the first time. This is a promising new cost-effective approach to transportation that has real promise in this country. Also, we increased accountability for the Federal investment in public transportation through several new mechanisms. A contractor performance assessment report will provide real data on transit industry performance and will enable transit agencies to have an opportunity to assess the quality of cost and ridership estimates for their high-dollar investments. I am a big believer in positive reinforcement and I included several provisions in the bill to reward transit agencies for delivering projects that are on-time and on budget. One of those provisions will, for the first time, allow transit agencies an opportunity to keep a portion of their under-run in new starts projects or would give them the chance for a more generous share if they deliver the projects they promise to their communities. Another accomplishment here of which I proud is the extent to which we have been able to extend the benefits of public transportation to some of the people who need it most, for example, in rural areas. For many years, the prevailing view--a wrong view in my mind--was that public transportation was only valuable in very urbanized cities. In some rural parts of our country, long distances separate people from critical infrastructure. Many of these people are elderly or do not have access to a car. Connecting these people to critical infrastructure is one of the most valuable services public transportation can provide. These are just a few of the several important advancements this bill makes over current law. This is a bill I am proud of and I want to acknowledge some people who have been critical to putting this bill together and making it a successful piece of legislation with broad bipartisan support. Me and my staff were very lucky to have one of the best resources that the Banking Committee could have during this process. The Federal Transit Administration loaned the committee one of their finest people: Rich Steinmann. Rich is an extremely knowledgeable, competent professional and his experience is widely respected on both sides of the aisle and in both chambers of the Congress. We are indebted to him for his time and work on this bill. Additionally, I want to thank Sherry Little and John East of the Banking Committee staff. I think everyone would agree that this was a tough process on members and staff alike. Finally, I want to thank some additional staff who had a critical role in putting this challenging bill together: Sarah Kline, Aaron Klein, Tewana Wilkerson, and Neil Campbell. Thank you for your work on this. I am proud of this bill and I look forward to seeing it signed into law.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to introduce the Consumer Identity Protection and Security Act. This legislation provides consumers the ability to place credit freezes on their credit reports. My sole intent in introducing this legislation is to address a jurisdictional question that has recently arisen with respect to the Fair Credit Reporting Act. I want to make sure that the referral precedent with respect to legislation that amends the Fair Credit Reporting Act, or touches upon the substance covered by that Act, is entirely clear. I believe the Parliamentarian's decision to refer this bill to the Senate Banking Committee establishes that there is no question in this regard and that this subject matter is definitively and singularly in the jurisdiction of the Senate Banking Committee.

Mr. SHELBY

Mr. SHELBY. Mr. President, I rise today to introduce the Consumer Identity Protection and Security Act. This legislation provides consumers the ability to place credit freezes on their credit reports. My sole intent in introducing this legislation is to address a jurisdictional question that has recently arisen with respect to the Fair Credit Reporting Act. I want to make sure that the referral precedent with respect to legislation that amends the Fair Credit Reporting Act, or touches upon the substance covered by that Act, is entirely clear. I believe the Parliamentarian's decision to refer this bill to the Senate Banking Committee establishes that there is no question in this regard and that this subject matter is definitively and singularly in the jurisdiction of the Senate Banking Committee.

Mr. SHELBY

Mr. SHELBY. Mr. President, on rollcall vote 187, I voted ``yea.'' It was my intention to vote ``nay.'' Therefore, I ask unanimous consent that I be permitted to change my vote since it will not affect the outcome.

Mr. SHELBY

Mr. SHELBY. Mr. President, on rollcall vote 187, I voted ``yea.'' It was my intention to vote ``nay.'' Therefore, I ask unanimous consent that I be permitted to change my vote since it will not affect the outcome.

Mr. SHELBY

Mr. SHELBY. Mr. President, I would like my minute.

Mr. SHELBY. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the purposes of the pending amendment and ask for the yeas and nays.

Mr. SHELBY. Mr. President, I realize this is a good bit of money. I am a member of the Appropriations Committee. I serve on the committee with Senator Gregg. I believe, though, we have been spending pennies as far as transit security is concerned--that is subways, buses, and everything else--as opposed to airline security, which both are important. We know what happened last week in London. They have over 5,000 cameras for surveillance. It helped them a lot. I think we have to ask ourselves, Are we going to make that big downpayment toward security for our people, the millions who ride buses, subways, and trains every day? This is the first step in that direction. I ask for your support of this amendment.

Mr. SHELBY. Mr. President, I rise today to speak on amendment No. 1205 on which we will soon be voting. This is an amendment I offered yesterday to the Department of Homeland Security appropriations bill. I am joined by several cosponsors, including the ranking member on the Banking Committee, Senator Sarbanes, and also Senator Reed and many others. As chairman of the Senate Banking Committee, which has jurisdiction over transit security, I can tell you that the committee has a long history of interest in this issue, and many of my colleagues on the Banking Committee join me in supporting this amendment. This issue has been on our radar screen for some time. In fact, last year, the Banking Committee reported the Public Transportation Terrorism Prevention Act of 2004. The Senate passed it unanimously. This was a thoughtfully considered bill, written with significant input from the industry and terrorism experts alike. The amendment I am here to speak on today is consistent with that Senate-passed authorization bill. The amendment before us provides $1.166 billion for public transportation security. This provides $790 million for capital improvement grants, $333 million for operating grants, and $43 million in research. I am the first to admit this is a large sum and that we must balance our spending on public transportation with other priorities to defend our homeland. I am more than willing to work with Chairman Gregg to identify appropriate ways to do that. It is difficult for us to predict where terrorists will strike next, but in order to help prevent or mitigate the severity of attacks, I believe we need to focus on transit security and make some wise and careful investments in this area. To the extent it is possible, I think we must guard against what the world witnessed last week in London and what we have seen in Spain, Israel, Japan, South Korea, Russia, and other countries. When the GAO surveyed the transportation security needs of eight transportation agencies in 2002, the GAO estimated these eight alone will need $700 million in order to make basic security enhancements. In this Nation, there are 6,000 transportation agencies. The needs are significant. Americans are proud of being an open society with many freedoms, but, unfortunately, it makes us potentially vulnerable. We built many of our subway stations and rail and bus stations in ways which we now realize in a post-9/11 world need some extra reinforcement. The funding in this amendment provides that first step. It is a good first start, and that it is a necessity I do not believe is in question. The funding made available by this amendment is broken down into three components: No. 1, capital; No. 2, operating; and No. 3, research. The money will provide transportation providers with the ability to provide basic security enhancements. With this amendment, we can build fences so that intruders cannot enter tunnels or plant bombs by walking up to the tracks. We can purchase surveillance equipment in and around transportation centers, which is how the British have been able to find who carried out last week's attacks. The British, I have been told, have over 5,000 surveillance cameras, and they are working. We have very few. We can provide communications equipment to help passengers, transportation officials, and first responders in the event of an emergency. We can fund fire suppression and decontamination equipment and redundant critical operations control systems, such as a backup computer system so that one well-placed bomb cannot shut down an entire system. As well, this would fund emergency response equipment--which could save hundreds of lives in a terrorist incident--and evacuation improvements, such as emergency routes or escape route signs. Additionally, the amendment would provide money to train and help deploy canine units which can contribute immensely to improved security. The amendment before us also would provide funding for transportation agencies to carry out drills so they will be better prepared in case of a terrorist attack. It is one thing to know how the plan works on paper, but quite another to see how the plan works in practice. Finally, the amendment also provides funding for critically important research in determining ways of detecting chemical, biological, or radiological weapons in ways that do not interfere with the ease of passengers using transportation systems. This is one of the greatest obstacles toward providing better security in typical commuter transportation environments. I seriously believe we must provide resources toward mitigating these security threats, and we must do so as soon as possible. As I mentioned yesterday on the floor, as an appropriations subcommittee chairman myself, I can certainly appreciate the challenge Senator Gregg, the chairman of the subcommittee, faces as he attempts to address the multitude of security challenges in this appropriations bill. Attempting to find the balance is important and, in the end, we could have infinite resources to spend and still not be totally protected. We know this. I look forward to working with Chairman Gregg and other Members of the Senate. I commend this amendment to my colleagues and ask for their support a little later this afternoon. I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I ask that amendment No. 1205 be called up.

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

Mr. SHELBY

Mr. SHELBY. Mr. President, the funding level in this amendment is based on many things, and I will tell you about it. In fiscal year 2006, we were planning to have the Public Transportation Terrorism Prevention Act that would have provided a total of $1.166 billion for public transportation security grants based on risk. It provides for grants for capital infrastructure improvements, for public transportation systems, as well as operational costs for drills and training and research funding. Everything--cameras, dogs, and you might go further with it. We have taken necessary and prudent steps toward protecting our air travel from terrorism--we hope. We made strides toward hardening our aviation systems and making them less vulnerable to attack. Now I believe is the time to do the same for public transportation. In 2004, the last year that data was available, over 9.6 billion passenger trips were taken on buses, trains, and other forms of public transportation. The American Public Transportation Association estimates that over 14 million Americans ride on public transportation each weekday. The U.S. Department of Transportation estimates that another 25 million use public transportation less frequently but on a regular basis. Securing public transportation presents many challenges. We know that. The public transportation system includes over 100,000 miles of rail, almost 1,000 train and subway stations, and 60,000 buses. Meeting this challenge will require devoted resources and steadfast commitment to the task. Today this amendment I am offering on behalf of myself, Senator Sarbanes, and others is an amendment to the Department of Homeland Security appropriations bill. As the Banking Committee has jurisdiction over transit security issues, a lot of the colleagues on the Banking Committee on both sides of the aisle are joining me in this amendment. The London attacks well illustrate the threats we face in this country, and we know all too well that England is not alone. Terrorists have targeted public transportation systems the world over, and we know they would delight in a successful attack here. To this date, most terrorist attacks around the world have occurred on public transportation. Examples are, as you know, Mr. President, Spain, Israel, Japan, and other countries, and this should cause us to consider how we will aim to prevent such terrible attacks on our soil. Over a year ago, Senator Sarbanes and I reported out of the Banking Committee the Public Transportation Terrorism Prevention Act. It had numerous cosponsors and passed the Senate with a unanimous vote. The bill was crafted in a thoughtful and considered manner after a series of hearings held in the committee. In those sessions, we spoke to terrorism experts and industry officials to ascertain the best way to protect public transportation systems in the country. The product was a bill that had the support of industry and terrorism experts alike. This amendment we are offering today comes out of that bill. I believe we must provide resources toward mitigating these security threats, and we must do so as soon as possible. We cannot wait. I also appreciate the challenge that Chairman Gregg of the committee faces. I serve on the Appropriations Committee with him, and I, too, am chairman of a subcommittee on appropriations. As he attempts to address the multitude of security challenges in this appropriations bill, the allocation of funding is daunting. Attempting to find the balance between ports, rail, public transportation, and other targets is a difficult task. We could have infinite resources to spend and still not be totally protected. We must realize this. We must concede that in the debate. But I think we have to do more to protect our public transportation system. It is in that spirit, I am offering this amendment tonight.

Mr. SHELBY. Mr. President, I further ask to modify the amendment with a modification that I sent to the desk.

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

Mr. SHELBY. Mr. President, I ask unanimous consent to set aside the pending amendment, and I call up amendment No. 1205.

Mr. SHELBY

Mr. SHELBY. Mr. President, today I pay tribute to a great patriot, RADM Andy Wilkinson, on the occasion of his retirement. Andy has led a life of great purpose, from his childhood days in Alabama to a dedicated military career and his time in the private sector in Huntsville, AL. A native of Selma, Andy is of the generation of military leaders in this Nation whose sacrifice and commitment preserved and protected our freedom from Vietnam on into the long decades of confrontation with the former Soviet Union, and beyond. He began his distinguished 34-year military career in 1955 when he was commissioned as an ensign upon his graduation from the U.S. Naval Academy. He also graduated from the Armed Forces Staff College, the National War College, and he holds a Master's Degree in Engineering from the George Washington University. During his Naval career as a pilot, he held six commands, four of which were in operational aviation units, including command of Patrol Wings, U.S. Atlantic Fleet. Andy also served on the staff of the Deputy Chief of Naval Operations for Air and as Manager of the Anti-Submarine Warfare Systems Project Office in the Naval Material Command, supervising a budget of over $1 billion per year. With an expertise in aviation, antisubmarine warfare, and mapping, charting, and geodesy, MC&G, Andy served as the Director of the Defense Mapping Agency, DMA. In this role, he was responsible to the Secretary of Defense for all service MC&G matters and managed the multi-billion- dollar DMA all digital modernization program. Andy has been awarded the Defense Distinguished Service Medal, the Defense Superior Service Medal, and two Legions of Merit Medals during his distinguished military career. In 1985, Andy joined the Intergraph Corporation as a senior representative to the U.S. Government on relations with Congress and the executive department. After being promoted to vice president in 1987 and to executive vice president in 1994, Andy then served as Director of U.S. Federal Sales and Marketing until 1999. He currently provides leadership and expertise by overseeing all Government relations and Federal solutions business planning. During his career, Andy has shown continuous dedication and played a major role in several large contracts and programs that have helped to improve government and the efficiency and effectiveness of a vast array of military programs. Andy was instrumental in the management and development of CAD-2 programs for the Naval Sea Systems Command, Naval Air Systems Command, and Naval Facilities Engineering Command, which provide information technology support and integration in the Navy and Federal government. Also, Andy served a vital role in developing the Depot Maintenance Accounting and Production System for the Air Force Material Command, AFMC. By facilitating data exchange between legacy systems, this program greatly enhanced AFMC's decisionmaking process and increased responsiveness to the warfighter and other support personnel. Finally, I should also say that Andy distinguished himself in yet another way. He is one of those rare individuals whose word is his bond, and whose actions, both personal and professional, are based on a bedrock of integrity. He has earned the confidence and respect of countless Members of Congress, Senators, and his colleagues. I ask my colleagues to join me in paying special tribute to Mr. Andy Wilkinson. I thank him for his service, and I wish Andy and his wife Sondra and their family the very best as they begin a new chapter in their lives.

Mr. SHELBY

Mr. SHELBY. I thank the chairman. As the chairman is aware, repeal of the Public Company Utility Holding Act of 1935 has been a priority of the Senate Banking Committee for almost 25 years. As recently as 1997 and 1999, the Senate Banking Committee reported PUHCA repeal bills out of committee. As chairman of the Banking Committee, I have been pleased to work with the Chairman of the Energy Committee to ensure that PUHCA repeal was included as part of a comprehensive Energy bill. I congratulate the chairman for reporting a bill out of Committee that includes PUHCA repeal. Nevertheless, I have concerns that the expanded merger review authority for FERC provided for in the Electricity title undermines the important policy goals behind PUHCA repeal. It is widely understood that PUHCA has served its purpose and is outdated. Now, PUHCA acts as a barrier to interstate capital flows, and other Federal laws make the PUHCA regime redundant. The purpose of PUHCA repeal legislation is to eliminate these duplicative and unnecessary regulatory burdens. I am concerned that PUHCA repeal is undermined by legislation providing FERC with enhanced merger review authority over utility companies. I do not believe that Congress should repeal PUHCA, only to replace it with a burdensome regulatory framework administered by FERC. But I am afraid that may be exactly what we are doing in the Electricity title of this bill. I do not believe that Congress should require enhanced FERC merger authority as a prerequisite for PUHCA repeal. I would ask the chairman to consult with me during conference to ensure against this result. As the Senate Banking Committee has done recently, I think it is important that we repeal PUHCA without creating additional regulatory burdens.