E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, FRIDAY, JANUARY 12, 2007 No. 7 Senate The Senate met at 9:30 a.m. and was appoint the Honorable RUSSELL D. FEINGOLD, RECOGNITION OF THE MINORITY called to order by the Honorable RUS- a Senator from the State of Wisconsin, to LEADER perform the duties of the Chair. SELL D. FEINGOLD, a Senator from the The PRESIDING OFFICER. The Re- State of Wisconsin. ROBERT C. BYRD, President pro tempore. publican leader is recognized. PRAYER Mr. FEINGOLD thereupon assumed f The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- ETHICS AND LOBBYING REFORM pore. fered the following prayer: Mr. MCCONNELL. Mr. President, let Let us pray. f me say, I echo the comments of the God of constant newness, in You all majority leader. We look forward to renewal abides and all hope originates. RESERVATION OF LEADER TIME wrapping up this bill next week and Help us to honor You with both our passing it with a large bipartisan ma- words and deeds. Give us the courage The PRESIDING OFFICER (Mr. jority. to help the less fortunate and to ad- OBAMA). Under the previous order, the I yield the floor. dress the needs of those on life’s mar- leadership time is reserved. f gins. Make us unafraid to confront prejudice and pride, as You attune our f LEGISLATIVE TRANSPARENCY spirits to Your truth and light. AND ACCOUNTABILITY ACT OF 2007 Bless our Senators. Energize them RECOGNITION OF THE MAJORITY The PRESIDING OFFICER. Under until their presence radiates a light LEADER the previous order, the Senate will re- that no darkness can overcome. Give The PRESIDING OFFICER. The ma- sume consideration of S. 1, which the them wisdom and courage, vision and jority leader is recognized. clerk will report. discipline for the right living of these The legislative clerk read as follows: days. Empower them to be kind to one f A bill (S. 1) to provide greater trans- another, forgiving and affirming each parency in the legislative process. SCHEDULE other. Pending: We pray this in Your righteous Mr. REID. Mr. President, as soon as Reid amendment No. 3, in the nature of a Name. Amen. we resume S. 1 in a few minutes, there substitute. f will be a limited period of debate on Reid amendment No. 4 (to amendment No. PLEDGE OF ALLEGIANCE two amendments—the Kerry amend- 3), to strengthen the gift and travel bans. ment No. 1 relating to congressional DeMint amendment No. 11 (to amendment The Honorable RUSSELL D. FEINGOLD pensions and the Vitter amendment No. 3), to strengthen the earmark reform. led the Pledge of Allegiance, as follows: No. 10 regarding civil penalties. These (By 46 yeas to 51 nays (Vote No. 5), Senate I pledge allegiance to the Flag of the earlier failed to table the amendment.) two amendments will be debated con- DeMint amendment No. 12 (to amendment United States of America, and to the Repub- currently until 9:50 a.m. lic for which it stands, one nation under God, No. 3), to clarify that earmarks added to a indivisible, with liberty and justice for all. The first rollcall vote will start at conference report that are not considered by 9:50. We will have two rollcall votes the Senate or the House of Representatives f this morning. If Members are inter- are out of scope. APPOINTMENT OF ACTING ested in offering amendments today, I DeMint amendment No. 14 (to amendment PRESIDENT PRO TEMPORE would suggest they talk to the bill No. 3), to protect individuals from having their money involuntarily collected and used The PRESIDING OFFICER. The managers during these votes, or Sen- for lobbying by a labor organization. clerk will please read a communication ator MCCONNELL. Vitter/Inhofe modified amendment No. 9 to the Senate from the President pro I remind everyone Monday is a holi- (to amendment No. 3), to place certain re- tempore (Mr. BYRD). day. We will have our first vote Tues- strictions on the ability of the spouses of The legislative clerk read the fol- day at 5:30. It appears at this time Members of Congress to lobby Congress. lowing letter: there will be a series of votes at 5:30. Vitter amendment No. 10 (to amendment So I hope we can move on down the No. 3), to increase the penalty for failure to U.S. SENATE, road on this matter this morning. I am comply with lobbying disclosure require- PRESIDENT PRO TEMPORE, ments. Washington, DC, January 12, 2007. going to have some consultations with Leahy/Pryor amendment No. 2 (to amend- To the Senate: the Republican leader in a few minutes ment No. 3), to give investigators and pros- Under the provisions of rule I, paragraph 3, to see if we can figure out a way to end ecutors the tools they need to combat public of the Standing Rules of the Senate, I hereby this matter as quickly as possible. corruption.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.000 S12JAPT1 ccoleman on PRODPC75 with SENATE S486 CONGRESSIONAL RECORD — SENATE January 12, 2007 Gregg amendment No. 17 (to amendment Mr. KERRY. Mr. President, I ask 5 is amended by striking ‘‘or’’ at the end of No. 3), to establish a legislative line item unanimous consent that the order for subparagraph (A), by striking ‘‘and’’ at the veto. the quorum call be rescinded. end of subparagraph (B) and inserting ‘‘or’’, Ensign amendment No. 24 (to amendment The PRESIDING OFFICER. Without and by adding at the end the following: No. 3), to provide for better transparency and ‘‘(C) for an offense described under sub- enhanced Congressional oversight of spend- objection, it is so ordered. section (d) of section 8312; and’’. ing by clarifying the treatment of matter AMENDMENT NO. 1, AS MODIFIED, TO (d) NONACCRUAL OF INTEREST ON RE- not committed to the conferees by either AMENDMENT NO. 3 FUNDS.—Section 8316(b) of such title 5 is House. Mr. KERRY. Mr. President, I call up amended by striking ‘‘or’’ at the end of para- Ensign modified amendment No. 25 (to amendment No. 1, please. graph (1), by striking the period at the end of amendment No. 3), to ensure full funding for The PRESIDING OFFICER. The paragraph (2) and inserting ‘‘; or’’, and by the Department of Defense within the reg- clerk will report. adding at the end the following: ular appropriations process, to limit the reli- The legislative clerk read as follows: ‘‘(3) if the individual was convicted of an ance of the Department of Defense on supple- offense described in section 8312(d), for the The Senator from Massachusetts [Mr. mental appropriations bills, and to improve period after the conviction.’’. KERRY], for himself, Mr. SALAZAR, Mr. NEL- the integrity of the Congressional budget SEC. ll3. CONSTITUTIONAL AUTHORITY. SON of Nebraska, and Mr. PRYOR, proposes an process. amendment numbered 1, as modified, to The Constitutional authority for this title Cornyn amendment No. 26 (to amendment amendment No. 3. is the power of Congress to make all laws No. 3), to require full separate disclosure of which shall be necessary and proper as enu- any earmarks in any bill, joint resolution, Mr. KERRY. Mr. President, I ask merated in Article I, Section 8 of the United report, conference report or statement of unanimous consent that reading of the States Constitution, and the power to ascer- managers. amendment be dispensed with. tain compensation for Congressional service Cornyn amendment No. 27 (to amendment The PRESIDING OFFICER. Without under Article I, Section 6 of the United No. 3), to require 3 calendar days’ notice in objection, it is so ordered. States Constitution. the Senate before proceeding to any matter. The amendment, as modified, is as SEC. ll4. EFFECTIVE DATE. Bennett (for McCain) amendment No. 19 (to follows: This title, including the amendments made amendment No. 4), to include a reporting re- (Purpose: To amend title 5, United States by this title, shall take effect on January 1, quirement. 2009 and shall apply with respect to convic- Bennett (for McCain) amendment No. 28 (to Code, to deny Federal retirement benefits to individuals convicted of certain of- tions for offenses committed on or after the amendment No. 3), to provide congressional date of enactment of this Act. transparency. fenses, and for other purposes) Bennett (for McCain) amendment No. 29, to At the end, add the following: Mr. KERRY. Mr. President, par- provide congressional transparency. TITLE—CONGRESSIONAL PENSION liamentary inquiry: How much time is Lieberman amendment No. 30 (to amend- ACCOUNTABILITY divided up now? ment No. 3), to establish a Senate Office of SEC. ll1. SHORT TITLE. The PRESIDING OFFICER. There is Public Integrity. This title may be cited as the ‘‘Congres- 7 minutes on the Senator’s side. Bennett/McConnell amendment No. 20 (to sional Pension Accountability Act’’. Mr. KERRY. I thank the Chair. amendment No. 3), to strike a provision re- Mr. President, my amendment is co- lating to paid efforts to stimulate grassroots SEC. ll2. DENIAL OF RETIREMENT BENEFITS. sponsored by Senator SALAZAR, Sen- lobbying. (a) IN GENERAL.—Section 8312(a) of title 5, Thune amendment No. 37 (to amendment United States Code, is amended— ator BEN NELSON, and Senator PRYOR, No. 3), to require any recipient of a Federal (1) by striking ‘‘or’’ at the end of paragraph and it is based on a bill Senator award to disclose all lobbying and political (1), by striking the period at the end of para- SALAZAR and I introduced that we hope advocacy. graph (2) and inserting ‘‘; or’’, and by insert- will go some further distance in this ef- Stevens amendment No. 40 (to amendment ing after paragraph (2) the following: fort we are engaged in now with ethics No. 4), to permit a limited flight exception ‘‘(3) was convicted of an offense described in subsection (d), to the extent provided by reform to reestablish the trust of the for necessary State travel. American people in their Government Feinstein/Rockefeller amendment No. 42 that subsection.’’; and (to amendment No. 3), to prohibit an ear- (2) by striking ‘‘and’’ at the end of subpara- in Washington. mark from being included in the classified graph (A), by striking the period at the end We do this by an effort to prevent portion of a report accompanying a measure of subparagraph (B) and inserting ‘‘; and’’, Members of Congress who betray that unless the measure includes a general pro- and by inserting after subparagraph (B) the trust from receiving their pensions. gram description, funding level, and the following: This is plain deterrence. It is an effort name of the sponsor of that earmark. ‘‘(C) with respect to the offenses described to try to make it clear there are seri- in subsection (d), to the period after the date AMENDMENTS NOS. 1 AND 10 of conviction.’’. ous consequences to betraying that The PRESIDING OFFICER. Under (b) OFFENSES DESCRIBED.—Section 8312 of trust. the previous order, the Senate will pro- such title 5 is amended by redesignating sub- In a sense, the trust is larger than ceed to the consideration en bloc of section (d) as subsection (e), and by inserting perhaps the day-to-day relationship of amendment No. 1 and amendment No. after subsection (c) the following: most citizens in this country to the 10, and the time until 9:50 a.m. shall ‘‘(d) The offenses to which subsection (a)(3) law. We take a special oath of office to run concurrently on both amendments, applies are the following: uphold the Constitution of the United ‘‘(1) An offense within the purview of— States. But, more importantly, when with the time equally divided between ‘‘(A) section 201 of title 18 (bribery of pub- the two leaders or their designees. lic officials and witnesses); or people elect you to high Federal office, Who yields time? ‘‘(B) section 371 of title 18 (conspiracy to or any office, they are putting a special Mr. STEVENS. Mr. President, I sug- commit offense or to defraud United States), kind of trust in you to represent their gest the absence of a quorum. to the extent of any conspiracy to commit lives, their interests, their values—in- The PRESIDING OFFICER. The an act which constitutes an offense within deed, the highest level of aspiration of clerk will call the roll. the purview of such section 201. values that we all share in this coun- The legislative clerk proceeded to ‘‘(2) Perjury committed under the statutes try. call the roll. of the United States or the District of Co- So this is done because there is some- lumbia in falsely denying the commission of Mr. STEVENS. Mr. President, I ask any act which constitutes an offense within thing that grates in the notion that unanimous consent that the order for the purview of a statute named by paragraph you can put the public’s trust and the the quorum call be rescinded. (1), but only in the case of the statute named public’s business up for sale and then The PRESIDING OFFICER. Without by subparagraph (B) of paragraph (1). walk away and have the people whom objection, it is so ordered. ‘‘(3) Subornation of perjury committed in you betrayed turn around and pay for Mr. STEVENS. Mr. President, I ask connection with the false denial or false tes- you to be able to have for the rest of unanimous consent that the quorum timony of another individual as specified by your life a fat pension because of the call be put in place with the time paragraph (2). level of service you had reached at charged equally against each side. An offense shall not be considered to be an their trust. The PRESIDING OFFICER. Without offense described in this subsection except if Let me be very specific about this. A or to the extent that it is committed by a objection, it is so ordered. Member of Congress (as defined by section few years ago, Congressmen Randy The clerk will call the roll. 2106, including a Delegate to Congress).’’. ‘‘Duke’’ Cunningham sat down at a The legislative clerk proceeded to (c) ABSENCE FROM UNITED STATES TO AVOID cozy meeting with some lobbyists and call the roll. PROSECUTION.—Section 8313(a)(1) of such title he proceeded to betray the public trust.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.003 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S487 He used his official congressional sta- taxpayer-funded lifetime pension worth Cunningham have all been found guilty tionary to draft a series of quid pro quo an estimated $1.2 million, despite being of the crimes they committed and have deals. thrown out of Congress and sent to jail. been punished accordingly. Last year, Let me show you this blowup of the So these examples are just three of at when we held our hearing in the Rules stationary itself: Here is the congres- least 20 former lawmakers who were Committee, I remarked that Capitol sional seal. Here is Randy ‘‘Duke’’ convicted of serious crimes and are Hill must be the only place in the Cunningham’s name. Here is a list of still receiving a taxpayer-funded pen- world where, if someone breaks the the amounts of millions of dollars: $16 sion, some as high as $125,000 a year. law, we rush to change the law. million; ‘‘BT’’—that is ‘‘boat’’—‘‘140’’— As I said earlier, we should hold our- Well in this case, we have an oppor- that was $140,000—$17 million; an addi- selves to the highest standards. The tunity to add to the law to correct a tional $50,000; $18 million, $50,000. Once principle is a simple one: Public serv- significant shortcoming. We take away they paid about $340,000. The price of ants who abuse the public trust and are the retirement benefits of those Mem- this service went down, and he charged convicted of ethics crimes should not bers of Congress who violate the public only $25,000 for each million dollars of collect taxpayer-financed pensions. trust by committing crimes while in contract that he would award. This should serve, hopefully, as a bold office. He was convicted of collecting ap- deterrent that when any Member It is often said, ‘‘If you do the crime, proximately $2.4 million in homes, comes in here, they know they are put- you do the time.’’ Well, it seems that if yachts, antique furnishings, and other ting their lives at greater risk than you are a former Congressman or Sen- bribes—including a Rolls Royce—from just the penalty they might pay on a ator, you do the crime, do the time, defense contractors. This disgraceful short-term basis for their particular and continue to collect Federal retire- conduct—which is beyond the com- transgression. ment benefits paid for by the American prehension of any Member of this insti- This amendment denies Federal pen- taxpayer. That just doesn’t seem right tution—earned him 8 years and 4 sions—as soon as is legally possible—to to me. months in a Federal prison, and it has Members of Congress who are convicted This amendment, the Congressional required him to also pay the Govern- of white-collar crimes, such as bribery Pension Accountability Act, will bar ment $1.8 million in penalties but also of public officials and witnesses, con- Members of Congress from receiving some back taxes. spiracy to defraud the United States, taxpayer-funded retirement benefits But under today’s rules, the Amer- perjury in falsely denying the commis- after they have been convicted of brib- ican taxpayer is going to continue to sion of bribery or conspiracy, and sub- ery, conspiracy, perjury, or other seri- pay a Federal pension that is out of the ornation of perjury committed in con- ous ethics offenses. If we are serious reach of any American taxpayer, and nection with the false denial or false about cleaning up Congress, we should that is disgraceful. Right now, only a testimony of another individual. approve this amendment and put our conviction for a crime against the It is my understanding there is some money where our mouth is—by saying United States, such as treason or espio- concern among a couple of Members that the public, who are the primary nage, would cost a Member of Congress about how this legislation might affect victims of crimes committed by elected their pension. So we set a standard for innocent spouses and children of Mem- officials, should not be required to pay the pension being held accountable, but bers of Congress who lose their pen- benefits for those who are convicted of it is only for two things. Surely we sions as a result of this legislation. Ob- a breach of the public’s trust. ought to put this moral bar higher viously, we are trying to set up an ade- I strongly believe that all Members than that. quate deterrent to prevent people from of Congress must be held to the highest Most Americans do not get a $40,000 a that in the first place. ethical standards and those who vio- year pension. Those who abuse the pub- Mr. President, I ask unanimous con- late the public trust must be held ac- lic trust should not be allowed to ex- sent for 1 additional minute. countable for their actions. I urge my ploit the Federal system at taxpayers’ The PRESIDING OFFICER. Without colleagues to support this amendment. expense. The American people cannot objection, it is so ordered. The PRESIDING OFFICER. The Sen- afford to spend millions on pensions for Mr. KERRY. But after the legislation ate from California. politicians who steal from them. More is enacted, the Member will still re- Mrs. FEINSTEIN. Mr. President, I importantly, Congress cannot afford to ceive a refund of all of their personal commend the Senator from Massachu- have a standard where it is willing to contributions—those will not be taken setts. I think this is an excellent forgive and forget and betray that away—into either the Federal Employ- amendment. I think it is long overdue. trust. ees Retirement System or the Civil I am very hopeful it will pass the Sen- I have shown what the ‘‘bribe menu’’ Service Retirement System, and they ate this morning. was, which is a pretty extraordinary will retain all the benefits from the I yield the floor. menu. Unfortunately, Congressman Thrift Savings Plan. The PRESIDING OFFICER. The time Cunningham was not alone. Last No- Also, the payment of spousal benefits of the majority has expired. vember, Representative Bob Ney re- is permitted in forfeiture cases when The Senator from Wisconsin. signed from the House of Representa- the Attorney General determines that Mr. FEINGOLD. Mr. President, I ask tives after pleading guilty to con- the spouse cooperated with Federal au- unanimous consent to speak for 1 spiracy and making false statements. thorities in the conduct of a criminal minute. In a plea agreement, former Represent- investigation. The PRESIDING OFFICER. Is there ative Ney acknowledged taking trips, This can significantly improve our objection? tickets, meals, and campaign donations Government by the way business is Without objection, it is so ordered. from Mr. Abramoff in return for taking done. I hope my colleagues will join Mr. FEINGOLD. Mr. President, I ask official actions on behalf of Abramoff overwhelmingly in voting to prohibit unanimous consent that the pending clients. sending pension checks to criminals. amendment be laid aside so I can call In March 2002, Representative Ney in- This amendment is a step in the right up four amendments to the pending serted an amendment in the Help direction. substitute. America Vote Act to lift an existing Mr. NELSON of Nebraska. Mr. Presi- The PRESIDING OFFICER. Is there Federal ban against commercial gam- dent, I rise today as a cosponsor of the objection? ing by a Texas Native American tribal amendment introduced by Mr. KERRY Without objection, it is so ordered. client of Abramoff. In return, Rep- and Mr. SALAZAR. I strongly encourage AMENDMENTS NOS. 31, 32, 33, AND 34 resentative Ney received all-expenses- my colleagues to support this amend- Mr. FEINGOLD. Mr. President, the paid and reduced-price trips to Scot- ment. four amendments—Nos. 31, 32, 33, and land to play golf, a trip to New Orleans When the ethics reform process began 34—are at the desk and I call them up to gamble, and a vacation in Lake last year, I was quick to point out that, at this time. George—all courtesy of Mr. Abramoff. for the most part, our laws had worked The PRESIDING OFFICER. The Another former Congressman, Jim the way we intended. Today, Jack clerk will report the amendments en Traficant, currently enjoys a lavish Abramoff, Bob Ney, and Duke bloc.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.004 S12JAPT1 ccoleman on PRODPC75 with SENATE S488 CONGRESSIONAL RECORD — SENATE January 12, 2007 The legislative clerk read as follows: (4) by redesignating paragraph (7) as para- they were not included in the sub- The Senator from Wisconsin [Mr. FEIN- graph (5). stitute that is now before the body. I GOLD] proposes amendments, en bloc, num- (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- again thank him for his support of bered 31, 32, 33, and 34 to amendment No. 3. tion 207(i) of title 18, United States Code, is strong lobbying and ethics reform, and Mr. FEINGOLD. Mr. President, I ask amended— (1) in paragraph (2), by striking ‘‘and’’ I look forward to the Senate’s consider- unanimous consent that reading of the after the semicolon; ation of these amendments. amendments be dispensed with. (2) in paragraph (3), by striking the period My first amendment, amendment 31, The PRESIDING OFFICER. Without and inserting ‘‘; and’’; and changes the universe of activities that objection, it is so ordered. (3) by adding at the end the following: former Members of Congress can en- The amendments, en bloc, are as fol- ‘‘(4) the term ‘lobbying activities’ has the gage in during their cooling off period lows: same meaning given such term in section 3(7) after they serve in this body. Cur- AMENDMENT NO. 31 of the Lobbying Disclosure Act (2 U.S.C. rently, they cannot personally lobby (Purpose: To prohibit former Members of 1602(7)).’’. their former colleagues. This amend- (d) EFFECTIVE DATE.—The amendments Congress from engaging in lobbying activi- ment states in addition they may not ties in addition to lobbying contacts dur- made by subsection (b) shall take effect 60 ing their cooling off period) days after the date of enactment of this Act. engage in lobbying activities, which is a defined term in the Lobbying Disclo- On page 50, line 25, strike ‘‘1995.’’;’’ and all AMENDMENT NO. 33 sure Act. They must refrain from run- that follows through page 51, line 12, and in- (Purpose: To prohibit former members who sert the following: ‘‘1995. are lobbyists from using gym and parking ning the show behind the scenes. They ‘‘(3) MEMBERS OF CONGRESS AND ELECTED privileges made available to Members and won’t be able to strategize with and co- OFFICERS.—Any person who is a Member of former Members) ordinate the lobbying activities of oth- Congress or an elected officer of either House On page 10, line 9, strike ‘‘Leader.’’.’’ and ers who are trying to influence the of Congress and who, within 2 years after insert the following: ‘‘Leader. Congress. Members who have just left that person leaves office, knowingly engages ‘‘3. A former Member of the Senate may Congress should not be capitalizing on in lobbying activities on behalf of any other not exercise privileges to use Senate or person (except the United States) in connec- the clout, access, and experience they House gym or exercise facilities or member- tion with any matter on which such former gained here to lobby their colleagues, only parking spaces if such Member is— Member of Congress or elected officer seeks whether they are doing the lobbying (1) a registered lobbyist or agent of a for- action by a Member, officer, or employee of themselves or instructing others. eign principal; or either House of Congress shall be punished as (2) in the employ of or represents any My next amendment, amendment 32, provided in section 216 of this title.’’. party or organization for the purpose of in- is the same as the revolving-door (3) in paragraph (6)— fluencing, directly or indirectly, the passage, amendment that I just described but (A) by striking ‘‘paragraphs (2), (3), and defeat, or amendment of any legislative pro- also extends the ‘‘cooling-off period’’ (4)’’ and inserting ‘‘paragraph (2)’’; posal.’’. for senior staff from one to two years. (B) by striking ‘‘(A)’’; (C) by striking subparagraph (B); and AMENDMENT NO. 34 Under the bill, the ‘‘cooling off period’’ (D) by redesignating the paragraph as (Purpose: To require Senate campaigns to for Members of Congress is increased paragraph (4); and file their FEC reports electronically) from 1 to 2 years. I believe that just as (4) by redesignating paragraph (7) as para- At the end of subtitle A of title II insert one year is not an adequate ‘‘cooling graph (5). the following: off period’’ for Senators, and the bill (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- SEC. 225. ELECTRONIC FILING OF ELECTION RE- reflects that, it is not adequate for sen- tion 207(i) of title 18, United States Code, is PORTS OF SENATE CANDIDATES. amended— ior staff. Staff, of course, can lobby the (a) IN GENERAL.—Section 304(a)(11)(D) of (1) in paragraph (2), by striking ‘‘and’’ other body after they leave, and my the Federal Election Campaign Act of 1971 (2 after the semicolon; amendment would not subject them to U.S.C. 434(a)(11)(D)) is amended to read as (2) in paragraph (3), by striking the period the same lobbying activities prohibi- follows: and inserting ‘‘; and’’; and ‘‘(D) As used in this paragraph, the terms tion that it seeks to apply to former (3) by adding at the end the following: ‘designation’, ‘statement’, or ‘report’ mean a Members. It simply will make them ‘‘(4) the term ‘lobbying activities’ has the designation, statement, or report, respec- wait 2 years to lobby this body after same meaning given such term in section 3(7) tively, which— they leave the Senate. of the Lobbying Disclosure Act (2 U.S.C. ‘‘(i) is required by this Act to be filed with My next amendment, No. 33, ends 1602(7)).’’. the Commission; or (d) EFFECTIVE DATE.—The amendments Senate gym and parking privileges for made by subsection (b) shall take effect 60 ‘‘(ii) is required under section 302(g) to be former Members of Congress who are days after the date of enactment of this Act. filed with the Secretary of the Senate and lobbyists. The underlying bill termi- forwarded by the Secretary to the Commis- AMENDMENT NO. 32 nates floor privileges for Members sion.’’. turned lobbyists, and we should finish (Purpose: To increase the cooling off period (b) CONFORMING AMENDMENTS.— for senior staff to 2 years and to prohibit (1) Section 302(g)(2) of the Federal Election the job by making sure that other spe- former Members of Congress from engaging Campaign Act of 1971 (2 U.S.C. 432(g)(2)) is cial privileges aren’t available to these in lobbying activities in addition to lob- amended by inserting ‘‘or 1 working day in lobbyists just because they used to bying contacts during their cooling off pe- the case of a designation, statement, or re- serve here. riod) port filed electronically’’ after ‘‘2 working My next amendment, No. 34, will fi- On page 17, line 15, strike ‘‘1 year’’ and in- days’’. nally bring Senate campaigns into the sert ‘‘2 years’’. (2) Section 304(a)(11)(B) of the Federal On page 50, line 25, strike ‘‘1995.’’;’’ and all 21st century by requiring Senate can- Election Campaign Act of 1971 (2 U.S.C. didates to file their FEC disclosure re- that follows through page 51, line 12, and in- 434(a)(11)(B)) is amended by inserting ‘‘or sert the following: ‘‘1995. filed with the Secretary of the Senate under ports electronically. This amendment ‘‘(3) MEMBERS OF CONGRESS AND ELECTED section 302(g)(1) and forwarded to the Com- mirrors a bill that I, along with Sen- OFFICERS.—Any person who is a Member of mission’’ after ‘‘Act’’. ators COCHRAN, MCCAIN, and 20 of our Congress or an elected officer of either House (c) EFFECTIVE DATE.—The amendments colleagues from both sides of the aisle, of Congress and who, within 2 years after made by this section shall apply to any des- introduced on Tuesday. that person leaves office, knowingly engages ignation, statement, or report required to be These amendments, along with in lobbying activities on behalf of any other filed after the date of enactment of this Act. person (except the United States) in connec- amendments that have been offered by tion with any matter on which such former Mr. FEINGOLD. Mr. President, I my partners on S. 230, Senators Member of Congress or elected officer seeks want to very briefly discuss the amend- LIEBERMAN and OBAMA, and another to action by a Member, officer, or employee of ments I have offered. I will be happy to be offered by the junior Senator from either House of Congress shall be punished as debate them more fully at the appro- Pennsylvania, will get us closer to provided in section 216 of this title.’’; priate time if necessary. All of these completing the job of improving this (3) in paragraph (6)— amendments are drawn from the bill I bill and making it a product that we (A) by striking ‘‘paragraphs (2), (3), and introduced this week with Senators can be proud of. More importantly, we (4)’’ and inserting ‘‘paragraph (2)’’; (B) by striking ‘‘(A)’’; OBAMA, LIEBERMAN, and TESTER, S. 230. can make this a product that the (C) by striking subparagraph (B); and I believe that several of the amend- American people will accept as real (D) by redesignating the paragraph as ments have the support of the majority change. We are headed in the right di- paragraph (4); and leader, but for a variety of reasons, rection on this bill, with the substitute

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.005 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S489 and the Reid amendment on gifts, trav- Kerry Menendez Shelby There appears to be a sufficient sec- Klobuchar Mikulski Smith el, and corporate jets. But we need to Kohl Murkowski Snowe ond. keep pressing for the best reform pos- Kyl Murray Specter The clerk will call the roll. sible. These amendments are offered Landrieu Nelson (FL) Stabenow The assistant legislative clerk called for that purpose, and I urge the Senate Lautenberg Nelson (NE) Stevens the roll. Leahy Obama Sununu Mr. DURBIN. I announce that the to adopt them. Levin Pryor Tester The PRESIDING OFFICER. Who Lieberman Reed Thomas Senator from Delaware (Mr. BIDEN), yields time? Lincoln Reid Thune the Senator from California (Mrs. Lott Roberts Vitter BOXER), the Senator from Connecticut The majority leader. Lugar Rockefeller Voinovich (Mr. DODD), the Senator from Iowa (Mr. AMENDMENT NO. 1, AS MODIFIED Martinez Salazar Warner HARKIN), the Senator from Hawaii (Mr. Mr. REID. Mr. President, the hour of McCain Sanders Webb McCaskill Schumer Whitehouse INOUYE), and the Senator from South 9:50 having arrived, I ask unanimous McConnell Sessions Wyden Dakota (Mr. JOHNSON) are necessarily consent that voting commence. NOT VOTING—13 absent. The PRESIDING OFFICER. Is there Allard Clinton Harkin I further announce that the Senator objection to yielding back the time? Bayh Coleman Inouye from Indiana (Mr. BAYH) and the Sen- Without objection, it is so ordered. Biden Dodd Johnson ator from New York (Mrs. CLINTON) are Mr. REID. I ask for the yeas and Boxer Domenici Brownback Hagel absent on official business. nays. I further announce that, if present The PRESIDING OFFICER. The The amendment (No. 1), as modified, and voting, the Senator from Indiana question is on agreeing to amendment was agreed to. (Mr. BAYH), the Senator from New No. 1, as modified, offered by the Sen- AMENDMENT NO. 10 York (Mrs. CLINTON), and the Senator ator from Massachusetts. Mr. REID. Madam President, we from Iowa (Mr. HARKIN) would each Is there a sufficient second? yield back our time. vote ‘‘yea.’’ There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- Mr. LOTT. The following Senators ond. ator from Louisiana has 1 minute. were necessarily absent. The Senator The clerk will call the roll. Mr. VITTER. Madam President, this from Colorado (Mr. ALLARD), the Sen- The legislative clerk called the roll. amendment is very simple and ator from Kansas (Mr. BROWNBACK), the Mr. DURBIN. I announce that the straightforward. It simply raises pen- Senator from Minnesota (Mr. COLE- Senator from Delaware (Mr. BIDEN), alties with regard to lobbyists not fol- MAN), the Senator from New Mexico the Senator from California (Mrs. lowing the lobbyist disclosure law. The (Mr. DOMENICI), and the Senator from BOXER), the Senator from Connecticut maximum penalty would be $200,000. Nebraska (Mr. HAGEL). (Mr. DODD), the Senator from Iowa (Mr. No. 1, that is the maximum. No. 2, they The PRESIDING OFFICER. Are there HARKIN), the Senator from Hawaii (Mr. have an opportunity to cure the prob- any other Senators in the Chamber de- INOUYE), and the Senator from South lem, so that would only be achieved in siring to vote? Dakota (Mr. JOHNSON) are necessarily very serious, very egregious cases. No. The result was announced—yeas 81, absent. 3, we raise the penalties on public offi- nays 6, as follows: I further announce that the Senator cials. I think it is very appropriate [Rollcall Vote No. 9 Leg.] from Indiana (Mr. BAYH) and the Sen- that we set these new penalties, par- YEAS—81 ator from New York (Mrs. CLINTON) are ticularly considering the money made Akaka Enzi Nelson (FL) absent on official business. in lobbying. I commend it to your at- Alexander Feingold Nelson (NE) tention. Thank you. Baucus Feinstein Obama I further announce that, if present Bennett Graham Pryor and voting, the Senator from Indiana The PRESIDING OFFICER. The Sen- Bingaman Grassley Reed (Mr. BAYH), the Senator from Delaware ator from Vermont. Bond Gregg Reid Brown Isakson Rockefeller (Mr. BIDEN), the Senator from New Mr. LEAHY. Madam President, I ask Bunning Kennedy Salazar York (Mrs. CLINTON), and the Senator unanimous consent that an amendment Burr Kerry Sanders from Iowa (Mr. HARKIN) would each by myself and the distinguished Sen- Byrd Klobuchar Schumer vote ‘‘yea.’’ ator from Arkansas, Mr. PRYOR, No. 2, Cantwell Kohl Sessions be called up and passed by voice vote at Cardin Kyl Shelby Mr. LOTT. The following Senators Carper Landrieu Smith were necessarily absent: the Senator this time. There will be no speeches. Casey Lautenberg Snowe from Colorado (Mr. ALLARD), the Sen- I call up amendment No. 2. Chambliss Leahy Specter Cochran Levin Stabenow ROWNBACK The PRESIDING OFFICER. Is there ator from Kansas (Mr. B ), the Collins Lieberman Stevens Senator from Minnesota (Mr. COLE- objection? Conrad Lincoln Sununu MAN), the Senator from New Mexico Mr. BENNETT. Reserving the right Corker Lugar Tester (Mr. DOMENICI), and the Senator from to object, and I shall not object, but Cornyn Martinez Thomas there is a Senator who wants to check Craig McCain Thune Nebraska (Mr. HAGEL). Crapo McCaskill Vitter Further, if present and voting, the in on this amendment, and so I am pro- DeMint McConnell Voinovich Senator from Colorado (Mr. ALLARD) tecting his rights. I ask that we voice Dole Menendez Warner vote this amendment after the next Dorgan Mikulski Webb and the Senator from Minnesota (Mr. Durbin Murkowski Whitehouse COLEMAN) would have voted ‘‘aye.’’ vote. Ensign Murray Wyden Mr. LEAHY. Madam President, that The PRESIDING OFFICER (Ms. NAYS—6 KLOBUCHAR). Are there any other Sen- is fine with the Senator from Vermont. Mr. BENNETT. I do not object, but Coburn Hutchison Lott ators in the Chamber desiring to vote? Hatch Inhofe Roberts The result was announced—yeas 87, there is a Senator who wants to take a NOT VOTING—13 nays 0, as follows: look at this amendment and has asked that I preserve his rights. Allard Clinton Harkin [Rollcall Vote No. 8 Leg.] Mr. LEAHY. Madam President, I ask Bayh Coleman Inouye YEAS—87 Biden Dodd Johnson for the regular order. Boxer Domenici Akaka Casey Durbin Mr. BENNETT. It is the pending Brownback Hagel Alexander Chambliss Ensign Baucus Coburn Enzi amendment after this amendment. The amendment (No. 10) was agreed Bennett Cochran Feingold The PRESIDING OFFICER. The to. Bingaman Collins Feinstein question is on agreeing to the amend- Mr. REID. Madam President. Bond Conrad Graham Brown Corker Grassley ment of the Senator from Louisiana, The PRESIDING OFFICER. The ma- Bunning Cornyn Gregg amendment No. 10. jority leader is recognized. Burr Craig Hatch Mr. LOTT. Madam President, I ask Mr. REID. I call for the regular order Byrd Crapo Hutchison for the yeas and nays. with respect to amendment No. 4. Cantwell DeMint Inhofe Cardin Dole Isakson The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Carper Dorgan Kennedy sufficient second? amendment is pending.

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AMENDMENT NO. 4, AS MODIFIED (B) by striking ‘‘subparagraph (a)(1)’’ and ‘‘(iv) a direct and immediate relationship Mr. REID. I send the amendment to inserting ‘‘this subparagraph’’; between a source of funding and an event; the desk for a modification, incor- (C) in clause (5), by striking ‘‘and’’ after and porating the language of the McCain the semicolon; ‘‘(B) regulations describing the informa- (D) by redesignating clause (6) as clause tion it will require individuals subject to amendment No. 19. (7); and this clause to submit to the committee in The PRESIDING OFFICER. The (E) by inserting after clause (5) the fol- order to obtain the prior approval of the amendment is so modified. lowing: committee for any travel covered by this The amendment (No. 4), as modified, ‘‘(6) a description of meetings and events clause, including any required certifications. is as follows: attended; and’’; ‘‘(2) In developing and revising guidelines Strike sections 108 and 109 and insert the (6) by redesignating subparagraphs (d) and under clause (1)(A), the committee shall take following: (e) as subparagraphs (f) and (g), respectively; into account the maximum per diem rates (7) by adding after subparagraph (c) the fol- for official Government travel published an- SEC. 108. BAN ON GIFTS FROM LOBBYISTS AND lowing: nually by the General Services Administra- ENTITIES THAT HIRE LOBBYISTS. ‘‘(d) A Member, officer, or employee of the tion, the Department of State, and the De- Paragraph 1(a)(2) of rule XXXV of the Senate may not accept a reimbursement (in- partment of Defense. Standing Rules of the Senate is amended cluding payment in kind) for transportation, ‘‘(3) For purposes of this subparagraph, by— lodging, or related expenses under subpara- travel on an aircraft operated or paid for by (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and graph (a) for a trip that was planned, orga- a carrier not licenced by the Federal Avia- (2) adding at the end the following: nized, or arranged by or at the request of a tion Administration to operate for com- ‘‘(B) A Member, officer, or employee may registered lobbyist or agent of a foreign prin- pensation shall not be considered a reason- not knowingly accept a gift from a reg- cipal, or on which a lobbyist accompanies able expense. istered lobbyist, an agent of a foreign prin- the Member, officer, or employee on any seg- ‘‘(i) A Member, officer, or employee who cipal, or a private entity that retains or em- ment of the trip. The Select Committee on travels on an aircraft operated or paid for by ploys a registered lobbyist or an agent of a Ethics shall issue regulations identifying de a carrier not licenced by the Federal Avia- foreign principal, except as provided in sub- minimis activities by lobbyists or foreign tion Administration shall file a report with paragraph (c).’’. agents that would not violate this subpara- the Secretary of the Senate not later than 60 SEC. 109. RESTRICTIONS ON LOBBYIST PARTICI- graph. days after the date on which such flight is PATION IN TRAVEL AND DISCLO- ‘‘(e) A Member, officer, or employee shall, taken. The report shall include— SURE. before accepting travel otherwise permis- ‘‘(1) the date of such flight; (a) PROHIBITION.—Paragraph 2 of rule sible under this paragraph from any person— ‘‘(2) the destination of such flight; XXXV is amended— ‘‘(1) provide to the Select Committee on ‘‘(3) the owner or lessee of the aircraft; (1) in subparagraph (a)(1), by— Ethics a written certification from such per- ‘‘(4) the purpose of such travel; (A) adding after ‘‘foreign principal’’ the son that— ‘‘(5) the persons on such flight (except for following: ‘‘or a private entity that retains ‘‘(A) the trip will not be financed in any any person flying the aircraft); and or employs 1 or more registered lobbyists or part by a registered lobbyist or agent of a ‘‘(6) the charter rate paid for such flight.’’. agents of a foreign principal’’; foreign principal; (b) REIMBURSEMENT FOR NONCOMMERCIAL (B) striking the dash and inserting ‘‘com- ‘‘(B) the source either— AIR TRAVEL.— plies with the requirements of this para- ‘‘(i) does not retain or employ registered (1) CHARTER RATES.—Paragraph 1(c)(1) of graph.’’; and lobbyists or agents of a foreign principal and rule XXXV of the Standing Rules of the Sen- (C) striking clauses (A) and (B); is not itself a registered lobbyist or agent of ate is amended by adding at the end the fol- (2) by redesignating subparagraph (a)(2) as a foreign principal; or lowing: ‘‘Fair market value for a flight on an subparagraph (a)(3) and adding after subpara- ‘‘(ii) certifies that the trip meets the re- aircraft operated or paid for by a carrier not graph (a)(1) the following: quirements specified in rules prescribed by licensed by the Federal Aviation Adminis- ‘‘(2) Notwithstanding clause (1), a reim- the Select Committee on Ethics to imple- tration to operate for compensation or hire, bursement (including payment in kind) to a ment subparagraph (a)(2); excluding an aircraft owned or leased by a Member, officer, or employee of the Senate ‘‘(C) the source will not accept from any governmental entity or by a Member of Con- from an individual other than a registered source funds earmarked directly or indi- gress or a Member’s spouse (including an air- lobbyist or agent of a foreign principal that rectly for the purpose of financing the spe- craft owned by an entity that is not a public is a private entity that retains or employs cific trip; and corporation in which the Member or Mem- one or more registered lobbyists or agents of ‘‘(D) the trip will not in any part be ber’s spouse has an ownership interest, pro- a foreign principal for necessary transpor- planned, organized, requested, or arranged vided that the Member does not use the air- tation, lodging, and related expenses for by a registered lobbyist or agent of a foreign craft anymore than the Member’s or spouse’s travel to a meeting, speaking engagement, principal and that the traveler will not be proportionate share of ownership allows), factfinding trip or similar event in connec- accompanied on any segment of the trip by a shall be the pro rata share of the fair market tion with the duties of the Member, officer, registered lobbyist or agent of a foreign prin- value of the normal and usual charter fare or or employee shall be deemed to be a reim- cipal, except as permitted by regulations rental charge for a comparable plane of com- issued under subparagraph (d), and specifi- bursement to the Senate under clause (1) if it parable size (as determined by dividing such cally details the extent of any involvement is, under regulations prescribed by the Select cost by the number of members, officers, or of a registered lobbyist or agent of a foreign Committee on Ethics to implement this employees of the Congress on the flight).’’. principal; and clause, provided only for attendance at or (2) UNOFFICIAL OFFICE ACCOUNTS.—Para- ‘‘(2) after the Select Committee on Ethics participation for 1-day at an event (exclusive graph 1 of rule XXXVIII of the Standing has promulgated regulations mandated in of travel time and an overnight stay) de- Rules of the Senate is amended by adding at subparagraph (h), obtain the prior approval scribed in clause (1). Regulations to imple- the end the following: ment this clause, and the committee on a of the committee for such reimbursement.’’; ‘‘(c) For purposes of reimbursement under case-by-case basis, may permit a 2-night stay (8) by striking subparagraph (g), as redesig- this rule, fair market value of a flight on an when determined by the committee to be nated, and inserting the following: aircraft operated or paid for by a carrier not ‘‘(g) The Secretary of the Senate shall practically required to participate in the licensed by the Federal Aviation Adminis- make all advance authorizations, certifi- event.’’; cations, and disclosures filed pursuant to tration to operate for compensation or hire, (3) in subparagraph (a)(3), as redesignated, this paragraph available for public inspec- shall be the pro rata share of the fair market by striking ‘‘clause (1)’’ and inserting tion as soon as possible after they are re- value of the normal and usual charter fare or ‘‘clauses (1) and (2)’’; ceived.’’; and rental charge for a comparable plane of com- (4) in subparagraph (b), by inserting before (9) by adding at the end the following: parable size (as determined by dividing such ‘‘Each’’ the following: ‘‘Before an employee ‘‘(h)(1) Not later than 45 days after the date cost by the number of members, officers, or may accept reimbursement pursuant to sub- of adoption of this subparagraph and at an- employees of the Congress on the flight).’’. paragraph (a), the employee shall receive ad- nual intervals thereafter, the Select Com- (3) CANDIDATES.—Subparagraph (B) of sec- vance authorization from the Member or of- mittee on Ethics shall develop and revise, as tion 301(8) of the Federal Election Campaign ficer under whose direct supervision the em- necessary— Act of 1971 (42 U.S.C. 431(8)(B)) is amended ployee works to accept reimbursement.’’; ‘‘(A) guidelines on judging the reasonable- by— (5) in subparagraph (c)— ness of an expense or expenditure for pur- (A) in clause (xiii), striking ‘‘and’’ at the (A) by inserting before ‘‘Each’’ the fol- poses of this clause, including the factors end; lowing: ‘‘Each Member, officer, or employee that tend to establish— (B) in clause (xiv), striking the period and that receives reimbursement under this ‘‘(i) a connection between a trip and offi- inserting ‘‘; and’’; and paragraph shall disclose the expenses reim- cial duties; (C) by adding at the end the following : bursed or to be reimbursed and authorization ‘‘(ii) the reasonableness of an amount ‘‘(xv) any travel expense for a flight on an (for an employee) to the Secretary of the spent by a sponsor; aircraft that is operated or paid for by a car- Senate not later than 30 days after the travel ‘‘(iii) a relationship between an event and rier not licensed by the Federal Aviation Ad- is completed.’’; an officially connected purpose; and ministration to operate for compensation or

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.013 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S491 hire, but only if the candidate, the can- extremely important because the sub- we should have given a little more time didate’s authorized committee, or other po- committee is going to have to take a for explanations. We tend to get in a litical committee pays— look at how this impacts States dif- hurry sometimes when we shouldn’t be. ‘‘(I) to the owner, lessee, or other person ferently. If you are from the State of We tend to spend a lot of time doing who provides the airplane the pro rata share of the fair market value of such flight (as de- Rhode Island or Delaware, you don’t things that accomplish nothing, and a termined by dividing the fair market value have much of a problem flying around lot of times limit time on things that of the normal and usual charter fare or rent- because you can drive around. But if do matter. So, personally, for the ma- al charge for a comparable plane of appro- you are from the State of Alaska, the jority, we probably could have done a priate size by the number of candidates on State of Montana, the State of Nevada, little better job of giving opportunities the flight) by not later than 7 days after the Colorado, some of these very large area for people to speak. No one came for- date on which the flight is taken; and Western States, it is a problem. So I ward wanting to speak, so that is a ‘‘(II) files a report with the Secretary of commend Senator FEINGOLD for being pretty good sign that people are ready the Senate not later than 60 days after the date on which such flight is taken, such re- thoughtful in this regard. to vote. But I think realistically port shall include— Madam President, on another issue, I maybe they were not. ‘‘(aa) the date of such flight; also want to say that I have spoken to But regardless of that, we are where ‘‘(bb) the destination of such flight; Senator DEMINT on his earmarking we are, and we are going to try to move ‘‘(cc) the owner or lessee of the aircraft; proposal. We had a number of good con- forward in a reasonable manner in the ‘‘(dd) the purpose of such travel; versations. I have spoken to the Repub- next 2 hours and complete this bill ‘‘(ee) the persons on such flight (except for lican leader. We prepared—and I have some time next week, we hope. any person flying the aircraft); and given a copy of the amendment to Sen- The PRESIDING OFFICER. The mi- ‘‘(ff) the charter rate paid for such flight.’’. ator DEMINT—a second-degree amend- nority leader is recognized. (4) RULES COMMITTEE REVIEW OF TRAVEL AL- Mr. MCCONNELL. I ask unanimous LOWANCES.—Not later than 90 days after the ment which would strengthen the enactment of this Act, the Senate Com- DeMint amendment that we talked consent to proceed as in morning busi- mittee on Appropriations, Subcommittee on about on the Senate floor yesterday. ness. the Legislative Branch, in consultation with What our second degree would do would The PRESIDING OFFICER. Without the Committee on Rules and Administration strengthen the definition of targeted objection, it is so ordered. of the Senate, shall consider and propose, as tax benefits. Certainly, we want to The remarks of Mr. MCCONNELL are necessary in the discretion of the sub- make it one that is understandable, printed in today’s RECORD under committee, any adjustment to the Senator’s not rigid and narrow, and I have talked ‘‘Morning Business.’’) Official Personnel and Office Expense Ac- to the Senator from South Carolina Mr. MCCONNELL. I suggest the ab- count needed in light of the revised stand- sence of a quorum. ards for reimbursement for private air travel about this. Also, on the same piece of paper I The PRESIDING OFFICER. The required by this subsection, and any modi- clerk will call the roll. fications of Federal statutes or appropria- gave the Senator from South Carolina, The legislative clerk proceeded to tions measures needed to accomplish such I have explained to my friend, Senator call the roll. adjustments. DEMINT, that we want to make sure Mr. VITTER. Madam President, I ask (c) EFFECTIVE DATE.—The amendments the Duke Cunningham exception is in unanimous consent that the order for made by this section shall take effect 60 days place. What Congressman Cunningham after the date of enactment of this Act. the quorum call be rescinded. did is, he had earmarks in that bill, but The PRESIDING OFFICER. Without Mr. REID. Madam President, I think he never mentioned the entity that got I have just revised my amendment to objection, it is so ordered. the money. What we would do is, in Mr. VITTER. Madam President, I ask the substitute in a number of signifi- this amendment, you can’t write your cant ways. This bill started for the regular order with regard to a way around it. We think our suggestion Vitter amendment, amendment No. 9. I bipartisanly by introduction. The mi- to Senator DEMINT to strengthen his nority leader and I jointly offered a send a modification to the desk. amendment is certainly something we The PRESIDING OFFICER. It is not substitute amendment as well. I want need to do. You can’t write your way possible to call for the regular order for to keep this process bipartisan, so I am around giving money to corporation X. that amendment at this time because adopting a number of changes that re- If it limits that, it has to be listed. under the regular order the majority flect input and ideas from the Repub- Also, importantly, we have added a leader has called for the regular order licans and Democrats, and that is what strengthening provision in the pro- for another amendment. is in this modification. posed second-degree amendment to list Mr. VITTER. I ask unanimous con- First, I have adopted an idea from earmarks on the Internet 48 hours be- sent to go to regular order for amend- the Senator from Oklahoma, Mr. fore. Now, I have told Senator DEMINT ment No. 9 for the exclusive purpose of INHOFE, to make sure it is clear that if he wants to make this part of his sending a modification to the desk. the new rules on private jets do not amendment, fine. If he wants us to The PRESIDING OFFICER. The Sen- apply to Members who fly their own offer the second degree, we will do ator from Illinois is recognized. planes. Senator INHOFE has flown a that. I told him if he has any sugges- Mr. DURBIN. Madam President, re- one-engine plane all around the world, tions that he feels would improve what serving the right to object, I will not literally, and he flies back and forth to we are trying to do, we are agreeable to object, but I ask unanimous consent Oklahoma on a frequent basis. I think take a look at that. He has suggested that after the Senator finishes his this is an important amendment and a that he wants a vote on that. We also amendment, I be given unanimous con- fair amendment. want a recorded vote. I think that is sent to return to amendment No. 11. Second, I have adopted an idea from important. So I hope we can work The PRESIDING OFFICER. Is there the Senator from Arizona, the senior something out. objection? Senator from Arizona, Mr. MCCAIN, to What I would like to do is have a Mr. VITTER. Reserving the right to add a reporting requirement when Sen- number of votes set for Tuesday object, and I will not, I will simply ators fly on private jets. Now, when evening. After these agreed-upon votes slightly expand my unanimous consent people pay the charter rate, they will on amendments, then we would move request to ask for up to 5 minutes to have to file that. I think that was the to invoke cloture on the airplane speak, and I offer that unanimous con- law before, but it really doesn’t mat- amendment and then, after that, on sent request. I certainly have no objec- ter. It is something that I think will the substitute. I hope we can work on tion to the other business. make things more clear. a bipartisan basis in the next hour or The PRESIDING OFFICER. Without Third, I have adopted an idea from a so to set up some votes that would objection, it is so ordered. bipartisan amendment suggested by occur before cloture on those matters AMENDMENT NO. 9 TO AMENDMENT NO 3, AS Senator FEINGOLD that instructs the about which I have spoken. FURTHER MODIFIED Legislative Branch Appropriations Yesterday was a rather difficult day, Mr. VITTER. Madam President, I Subcommittee to review the impact on as some days are. There was a lot of send the modification to the desk. the new rule on private jets on Mem- confusion as to what people were try- The PRESIDING OFFICER. The bers’ travel spending. I think that is ing to accomplish. I think that perhaps amendment is so modified.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.006 S12JAPT1 ccoleman on PRODPC75 with SENATE S492 CONGRESSIONAL RECORD — SENATE January 12, 2007 The amendment (No. 9), as further bying issue. That is at the heart of the spirit of your amendment, would you modified, is as follows: ethics issue. It is foursquare in the cen- consider an amendment which would On page 19, line 19, strike ‘‘(b) In this’’ and ter of this debate, and certainly we make the 2-year prohibition on lob- insert the following: need an adequate debate and a vote on bying also retroactive, so that Sen- ‘‘(b) Members and employees on the staff of that idea. ators who have not lobbied previously a Member (including staff in personal, com- I urge all Senators to support a full would be prohibited from lobbying for 2 mittee, and leadership offices) shall be pro- and open debate and a full and open years and it would be retroactive as hibited from having any official contact with airing and voting on important amend- well? any spouse of a Member who is a registered lobbyist under the Lobbying Disclosure Act ments, including but not limited to Mr. VITTER. I will be happy to con- of 1995, or is employed or retained by such a those three. I very much look forward sider that idea. I am not going to registered lobbyist. to that next week. I certainly hope clo- change my amendment to include that ‘‘(c) The prohibition in subparagraph (a) ture is not invoked in an attempt, as because I think it would lose votes shall not apply to the spouse of a Member many of us fear, frankly, to cut off cer- from our amendment and I want first who was serving as a registered lobbyist at tain significant and relevant amend- of all to pass my amendment, but I am least 1 year prior to the election of that ments. completely open to that discussion and Member to office or at least 1 year prior to Mr. DURBIN. Will the Senator yield that idea. Without making a final deci- their marriage to that member. for a question? ‘‘(d) In this’’. sion, I am completely open to sup- Mr. VITTER. Certainly. porting that on the floor of the Senate Mr. VITTER. I want to spend a few Mr. DURBIN. I am not finding fault if somebody were to bring it forward. minutes regarding this general debate with the Senator from Louisiana, but Mr. DURBIN. I thank the Senator. to say I hope that we have, in the rest the fact is, we do not have a copy of Mr. VITTER. Madam President, I of this debate, an adequate opportunity the modification. The reason I raise yield the floor. to debate and address and vote on some that is later I am going to suggest a The PRESIDING OFFICER. The of the key issues that are and should be change in the Senate rules so that amendment has been so modified. at the center of this discussion. I think when you file an amendment or modi- The Senator from Illinois. there is now a rush to cloture, quite fication, copies will be given to both AMENDMENT NO. 44 TO AMENDMENT NO. 11 frankly—specifically to cut off the op- the ranking member and the Chair on Mr. DURBIN. Madam President, pur- portunity to vote on some amend- the floor, as is the custom and rule of suant to the unanimous consent re- ments. I hope we do not do that. the House. That is a good way to make quest, it is my understanding that we I commend the majority leader for sure there is knowledge of what is now return to the DeMint amendment the suggestion that we are going to being considered and debated as No. 11. have votes on many significant amend- promptly as possible. The PRESIDING OFFICER. That is ments on Tuesday. I ask him that that Going to the substance of the matter, correct. list be very inclusive, to include all does the Senator’s modification change Mr. DURBIN. Madam President, I significant amendments in which ei- the original language in his amend- rise to offer a second-degree amend- ther side of the aisle is interested. I ment which makes this provision on ment to the DeMint amendment No. 11 specifically highlight three. spousal lobbying retroactive, not pro- which I send to the desk. One is the DeMint amendment, and I spective? In other words, if there is The PRESIDING OFFICER. The appreciate the words of the majority some Member on either side of the clerk will report. leader regarding working with Senator aisle today who has a spouse lobbying The assistant legislative clerk read DEMINT on that amendment. I fully at the Federal level, it is my under- as follows: support that amendment. Much more standing that the Senator would pro- importantly, that amendment has hibit that in his original amendment The Senator from Illinois [Mr. DURBIN] proved to have majority support on the proposes amendment numbered 44 to DeMint unless that spouse was lobbying a year amendment No. 11. floor of this body. There was a motion before the marriage or a year before to table, and it lost. So that amend- the first election of Congress. Does the Mr. DURBIN. I ask unanimous con- ment has majority support, and clearly modification change that in any re- sent the reading of the amendment be we need to vote and pass that amend- spect? dispensed with. ment. It has already been proven that Mr. VITTER. No, it doesn’t. I will The PRESIDING OFFICER (Mr. it has majority support. tell you exactly what it does. First of CASEY). Without objection, it is so or- The second amendment I would high- all, I appreciate the question. Certainly dered. light is a Judd Gregg amendment with I am eager to give the Senator and all The amendment is as follows: regard to spending and earmarks and Members a copy of it, which I will do (Purpose: To strengthen earmark reform) waste. Again, that is very much at the immediately, and that will be well be- In lieu of the matter proposed to be in- heart of this discussion. Earmarks— fore any full debate and vote. But let serted insert the following: earmark abuse, what that does to me use the opportunity to explain what SEC. 103. CONGRESSIONAL EARMARK REFORM. spending, how it inflates it—have been the modification does. The Standing Rules of the Senate are part of the abuses, unfortunately, that The modification is very simple. It amended by adding at the end the following: have come to light in the last several moves the provision to the Senate RULE XLIV years. So that is absolutely at the rules, and it makes it apply to lobbying EARMARKS heart of this debate. A lot of Members Members of the Senate only. I did the ‘‘1. It shall not be in order to consider— of the Senate are interested in that modification for one reason and one ‘‘(a) a bill or joint resolution reported by a amendment, so we need a debate and a reason only—not because I think that committee unless the report includes a list, vote on that amendment. limitation excluding activity on the which shall be made available on the Inter- Third, I would highlight my own House side is better but because it net to the general public for at least 48 hours amendment which I just modified, and before consideration of the bill or joint reso- makes it germane to the bill and there- lution, of congressional earmarks, limited that has to do with spouses of Members fore guarantees me a vote. tax benefits, and limited tariff benefits in of the Senate lobbying. Again, this de- So, to go to the question, the provi- the bill or in the report (and the name of any bate, this bill, is about two things: eth- sion—it is only about lobbying the Sen- Member who submitted a request to the com- ics and lobbying. I don’t know how you ate. But in that context, there is an ex- mittee for each respective item included in come up with any argument that the clusion if the spouse lobbyist was an such list) or a statement that the propo- issue of spouses lobbying, gaining un- active lobbyist a year or more before sition contains no congressional earmarks, usual access, having the opportunity of the marriage or the first election. But limited tax benefits, or limited tariff bene- being a conduit for large amounts of fits; there is no grandfathering clause other ‘‘(b) a bill or joint resolution not reported money to be deposited in the family than that. I hope that answers the by a committee unless the chairman of each bank account of Members from special question of the Senator. committee of jurisdiction has caused a list, interests, isn’t at the heart of that de- Mr. DURBIN. It does. I would like to which shall be made available on the Inter- bate. That is at the heart of the lob- ask the Senator from Louisiana, in the net to the general public for at least 48 hours

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.025 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S493 before consideration of the bill or joint reso- ‘‘(3) in the case of a limited tax or tariff should also be mindful of the fact that lution, of congressional earmarks, limited benefit, identification of the individual or other decisions made by Congress can tax benefits, and limited tariff benefits in entities reasonably anticipated to benefit, to be just as beneficial, if not more so. the bill (and the name of any Member who the extent known to the Member; They cry for transparency, too. Unfor- submitted a request to the committee for ‘‘(4) the purpose of such congressional ear- each respective item included in such list) or mark or limited tax or tariff benefit; and tunately, the underlying DeMint a statement that the proposition contains no ‘‘(5) a certification that the Member or amendment has a restrictive view of congressional earmarks, limited tax bene- spouse has no financial interest in such con- targeted tax credits. fits, or limited tariff benefits to be printed in gressional earmark or limited tax or tariff The Senator from South Carolina has the Congressional Record prior to its consid- benefit. said he has agreed to language consid- eration; or ‘‘(b) Each committee shall maintain the ered by the House. In all honesty, as ‘‘(c) a conference report to accompany a written statements transmitted under sub- good as they are in the House of Rep- bill or joint resolution unless the joint ex- paragraph (a). The written statements trans- resentatives, what I am offering may planatory statement prepared by the man- mitted under subparagraph (a) for any con- be an improvement. Senator DEMINT’s agers on the part of the House and the man- gressional earmarks, limited tax benefits, or agers on the part of the Senate includes a limited tariff benefits included in any meas- amendment covers revenue-losing pro- list, which shall be made available on the ure reported by the committee or conference visions only that provide tax benefits Internet to the general public for at least 48 report filed by the chairman of the com- to 10 or fewer beneficiaries or contain hours before consideration of the conference mittee or any subcommittee thereof shall be eligibility criteria that are not the report, of congressional earmarks, limited published in a searchable format on the com- same for other potential beneficiaries. tax benefits, and limited tariff benefits in mittee’s or subcommittee’s website not later This unnecessarily limits the defini- the conference report or joint statement than 48 hours after receipt on such informa- tion of revenue-losing provisions in- (and the name of any Member, Delegate, tion.’’. stead of all revenue provisions. My Resident Commissioner, or Senator who sub- Mr. DURBIN. Madam President, yes- amendment corrects this. mitted a request to the House or Senate terday there was a debate about the committees of jurisdiction for each respec- The DeMint amendment also allows tive item included in such list) or a state- disclosure of earmarks. It was an inter- for a loophole. Someone could easily ment that the proposition contains no con- esting debate, and Senator DEMINT and write a provision that affects 11, 15, or gressional earmarks, limited tax benefits, or Senator COBURN of Oklahoma offered 50 beneficiaries and be exempt from the limited tariff benefits. an amendment. disclosure requirements of the DeMint ‘‘2. For the purpose of this rule— I felt that amendment had several amendment. The Reid-McConnell defi- ‘‘(a) the term ‘congressional earmark’ flaws in it. The purpose of my second- nition, which I include in my second- means a provision or report language in- degree amendment is to address those cluded primarily at the request of a Member, degree amendment, says a tax earmark Delegate, Resident Commissioner, or Sen- flaws. It does not go to the heart of is anything which has the practical ef- ator providing, authorizing or recommending their argument about expanding the fect of providing more favorable tax a specific amount of discretionary budget number of earmarks that would be sub- treatment to a ‘‘limited group’’ of tax- authority, credit authority, or other spend- ject to disclosure. In fact, if anything, payers when compared with similarly ing authority for a contract, loan, loan guar- it expands the number of earmarks situated taxpayers. We do not come up antee, grant, loan authority, or other ex- subject to disclosure. with a number—10 beneficiaries, 20 penditure with or to an entity, or targeted to My amendment would strengthen the beneficiaries—but, rather, keep it in a specific State, locality or Congressional DeMint amendment in three ways: It the category of a tax benefit that is district, other than through a statutory or retains the Reid-McConnell bipartisan administrative formula-driven or competi- clearly designed to help a limited tive award process; language in the underlying bill. The group of taxpayers of a certain number ‘‘(b) the term ‘limited tax benefit’ means— DeMint amendment No. 11 now pending compared with others. This is a more ‘‘(1) any revenue provision that— does not go far enough in terms of cov- flexible and more realistic standard to ‘‘(A) provides a Federal tax deduction, ering so-called targeted tax benefits. A be applied than the language currently credit, exclusion, or preference to a par- lot of attention has been given to Duke in the DeMint bill. ticular beneficiary or limited group of bene- Cunningham, the former Congressman Moreover, the Reid-McConnell lan- ficiaries under the Internal Revenue Code of from California, who was steering De- guage is for the language that they, in 1986; and partment of Defense funds to certain ‘‘(B) contains eligibility criteria that are fact, created. It is language that Sen- not uniform in application with respect to contractors and benefiting from it per- ator JUDD GREGG, former chairman of potential beneficiaries of such provision; or sonally. He paid dearly for this trans- the Senate Committee on the Budget, ‘‘(2) any Federal tax provision which pro- gression and is currently in prison. included in his line-item veto bill. Sen- vides one beneficiary temporary or perma- That is an example of an egregious ator GREGG has found what I think is a nent transition relief from a change to the abuse of the appropriations process. sensible definition we ought to use and Internal Revenue Code of 1986; and We understand, as well, there are de- adopt as part of our reform and ethics ‘‘(c) the term ‘limited tariff benefit’ means cisions made by Congress outside of the changes we are currently debating. My a provision modifying the Harmonized Tariff appropriations process which can be Schedule of the United States in a manner amendment retains the concept of that benefits 10 or fewer entities. just as beneficial, if not more profit- Reid-McConnell language, amends the ‘‘3. A Member may not condition the inclu- able, to individuals and businesses. One DeMint provision to remove the limita- sion of language to provide funding for a con- of the categories would be in the area tion of ‘‘10 or fewer beneficiaries’’ and gressional earmark, a limited tax benefit, or of targeted tax credits. However, it would cover ‘‘any revenue provision a limited tariff benefit in any bill or joint could be others, as well. that provides a Federal tax deduction, resolution (or an accompanying report) or in Even though my amendment does not any conference report on a bill or joint reso- credit, exclusion, or preference, to a lution (including an accompanying joint ex- go to this issue, consider the fact that particular beneficiary or a limited planatory statement of managers) on any the asbestos legislation pending before group of beneficiaries.’’ vote cast by another Member, Delegate, or Congress 2 years ago would have bene- Finally, under the DeMint amend- Resident Commissioner. fited one of the corporations from Illi- ment, information about earmarks ‘‘4. (a) A Member who requests a congres- nois to the tune of $1 billion had it must be posted 48 hours after it is re- sional earmark, a limited tax benefit, or a passed. That figure was arrived at not ceived by the committee. In the case of limited tariff benefit in any bill or joint res- olution (or an accompanying report) or in by myself or anyone in Congress but, a fast-moving bill, it is possible that any conference report on a bill or joint reso- rather, by those who filed the annual the information would be made public lution (or an accompanying joint statement report for that corporation. So you can only after a vote on the relevant bill of managers) shall provide a written state- understand that decisions made in the containing the earmarks. So there is a ment to the chairman and ranking member Senate and the House of Representa- weakness in the DeMint language when of the committee of jurisdiction, including— tives can have a direct positive finan- it comes to this public disclosure. On ‘‘(1) the name of the Member; cial impact on businesses and individ- the other hand, in the interest of full ‘‘(2) in the case of a congressional earmark, the name and address of the intended recipi- uals. disclosure, the Reid-McConnell lan- ent or, if there is no specifically intended re- As we go after earmarks and try to guage requires the earmark disclosure cipient, the intended location of the activ- change those because of the Duke information be placed on the Internet, ity; Cunningham scandal and others, we available to the public 48 hours before

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.008 S12JAPT1 ccoleman on PRODPC75 with SENATE S494 CONGRESSIONAL RECORD — SENATE January 12, 2007 consideration of the bills or reports are large. Sometimes it takes a while Ms. KLOBUCHAR. Mr. President, I that contain the earmarks. Senator to get copied. In the meantime, the de- ask unanimous consent that the order DEMINT’s amendment does not have a bate is underway. So for those who for the quorum call be rescinded. similar provision. My amendment re- want to engage in a real deliberation The PRESIDING OFFICER. Without tains the stronger Reid-McConnell ear- and debate, there is a mystery quality objection, it is so ordered. mark disclosure language. here for minutes, sometimes longer. Ms. KLOBUCHAR. Mr. President, I These are three important changes You wait until you get a copy of the ask unanimous consent that I be per- necessary to improve the DeMint amendment. mitted to speak for up to 10 minutes as amendment. As I noted yesterday, There has to be a better way. The in morning business. there are some positive elements of the better way is obvious. Members who The PRESIDING OFFICER. Without DeMint amendment. In some instances bring modifications to the floor should objection, it is so ordered. it does not go far enough. I question bring three copies, at least—one copy Ms. KLOBUCHAR. Thank you, Mr. the whole notion that committee re- for the clerk, one copy for the Repub- President. port language should be treated the lican side, and one copy for the Demo- IRAQ same as bill language. Those who have cratic side—so that as they are filed, Mr. President, I want to briefly ad- gone through the basics of legislation each side has the language in front of dress the ethics bill before this Con- understand that bill language can be a them. As the Senator who is moving gress, but before I do that, I want to law. Committee report language is the amendment is making the argu- discuss an issue of paramount impor- never going to be a law. It is only a ment, those who want to follow the tance to my State, in light of the recommendation. Having said that, amendment have at least one copy on President’s recent address, and that is though, I don’t address that issue in each side of the aisle to look at. That the war in Iraq. any way at all. is the only way to have a meaningful Sending more American troops is not I urge my colleagues to support my debate. the change of course the people of Min- secondary amendment to the under- There is a way to change this which nesota and the American people called lying DeMint amendment. I believe it is clumsy and awkward. As you prob- for in this past election, and it is not strengthens the DeMint amendment. I ably heard me suggest earlier, I asked the change of course our military urge the DeMint amendment, with unanimous consent to suspend the forces deserve. these changes, be agreed to, as well. reading of the amendment. I could have We learned this week that 3,000 of the allowed them to read the amendment 22,000 troops added for the escalation AMENDMENT NO. 36 TO AMENDMENT NO. 3 and hear it firsthand. But I think it is At this point I ask unanimous con- are from Minnesota’s National Guard. more valuable to have it in writing and These Minnesota soldiers have already sent to set aside this pending amend- have it in front of you. ment and call up amendment No. 36 served honorably and well. They and I have suggested this change in the their families were told they would be which is at the desk. Senate rules since I arrived 10 years The PRESIDING OFFICER. Without coming home in March. And I just ago. It turns out to be one of the big- talked to General Shellito, who heads objection, it is so ordered. gest challenges I have faced in the Sen- The clerk will report. up the National Guard in Minnesota. ate, to have two additional copies of He said the hardest thing for them is The assistant legislative clerk read the amendment come to the Senate as follows: they have been hanging on—in his floor. This is a venerable institution. It words: ‘‘hanging on’’—through March. The Senator from Illinois [Mr. DURBIN] prides itself on deliberation, but we op- proposes an amendment numbered 36. And now they are extended well into erate in Senate years, as opposed to the summer. Mr. DURBIN. I ask unanimous con- real years, or dog years, and sometimes These brave soldiers will be thrust sent the reading of the amendment be things take a lot longer than they even more deeply into the midst of dispensed with. should, so I am offering this amend- Iraq’s civil war. Haven’t we asked our The PRESIDING OFFICER. Without ment. soldiers and their families to sacrifice I have already spoken to the ranking objection, it is so ordered. enough? The amendment is as follows: member, Senator BENNETT, about it. I The great burden on Minnesota and (Purpose: To require that amendments and have not spoken to Senator FEINSTEIN, the rest of the country should remind motions to recommit with instructions be the chairman of the Rules Committee. us that what is needed is a surge in di- copied and provided by the clerk to the I hope it is the kind of noncontrover- plomacy and not a surge in troops. desks of the Majority Leader and the Mi- sial amendment that makes life easier nority Leader before being debated) With that, Mr. President, I would here, but, more importantly, will lead like to turn to the issue of ethics re- At the appropriate place, insert the fol- to a debate which, in fact, would be lowing: form. I thank Senator REID and the more meaningful. other Senators for their leadership and SEC. ll. AMENDMENTS AND MOTIONS TO RE- I am going to, at some point, ask this for making ethics reform a real pri- COMMIT. be agreed to. I hope my colleagues will ority for this Congress. Paragraph 1 of rule XV of the Standing consider supporting it. Rules of the Senate is amended to read as When I arrived in Washington last follows: I yield the floor. The PRESIDING OFFICER. The Sen- week, we pulled up in our family Sat- ‘‘1. (a) An amendment and any instruction urn, loaded with my husband’s college accompanying a motion to recommit shall ator from Utah. Mr. BENNETT. Mr. President, I have dishes and a shower curtain I found in be reduced to writing and copied and pro- the basement from 1980. But we vided by the clerk to the desks of the Major- been in the Senate a little bit longer ity Leader and the Minority Leader and shall than the Senator from Illinois but long brought a little more than dishes and a be read before being debated. enough to discover that the Senate and shower curtain. We, also, brought a ‘‘(b) A motion shall be reduced to writing, its rules are superbly constructed to commitment for change, something the if desired by the Presiding Officer or by any deal with the problems of the 19th cen- people of our State—Democrats, Inde- Senator, and shall be read before being de- tury. I think perhaps we should recog- pendents, and Republicans, from Wor- bated.’’. nize that we have moved beyond the thington to Moorhead to Duluth to Mr. DURBIN. Madam President, I 19th century into the 21st. Rochester—called for very clearly and welcome you to the Senate. I am glad I cannot speak for any member of my loudly in November. you are presiding. I will describe one of caucus, but I will be happy to support We also brought a Minnesota moral the procedures in the Senate I discov- this particular rule change. I think of compass, grounded in a simple notion ered when I came over from the House all of the things that have been pro- of Minnesota fairness—a notion that that I did not understand. It is the fact posed, this is perhaps the most benign. all people should be on equal footing in that an amendment filed at the desk by I suggest the absence of a quorum. the Halls of Congress. But they cannot a Member is then taken to the cor- The PRESIDING OFFICER. The be on equal footing when their elected ridor, to a copy machine, copies are clerk will call the roll. representatives are selling their votes made and then brought back to the The assistant legislative clerk pro- for trips to Scotland or stashing away floor. Sometimes these amendments ceeded to call the roll. cash in the freezer. They cannot be on

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.016 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S495 equal footing unless this new Congress were lucky if their mom could take the I am particularly gratified to see delivers real, meaningful ethics reform. day off from work to stand behind Senator REID’s amendment No. 4 con- Ethics reform is an issue of great im- them in the courtroom. My job was to tain improvements to the Senate gift portance to the people of my State. even the playing field and to treat peo- and meal rules. Under current law, Wherever I went, Minnesotans told me ple the same no matter where they anyone, including a lobbyist, is per- this was the kind of change that they came from and who they knew. mitted to buy a gift or a meal for a wanted to see in Washington. That is still my job, and it is the job Senator or a staff member up to a cer- It is not an abstract political science of this Congress. With that in mind, we tain dollar amount. We need to make issue. It affects real people in the real need to change business as usual. Busi- sensible changes to current law. world. And today it comes out of the ness as usual has created a playing A decade ago, the Minnesota Legisla- political science classrooms and into field tilted toward special interests and ture passed a strong, clear rule in this the Halls of Congress. against the middle class. area. Lobbyists and those who employ Ethics is woven into the very fabric When our energy policy is drafted in them cannot give gifts or meals to of how our Government does business. secret meetings with the oil compa- State or local officials, subject to very Ethics reform goes to the very heart of nies, we all end up paying more at the limited exceptions that were meant to our democracy, to the public trust and pump because they have failed to in- be just that—limited exceptions. For respect that is essential to the health vest in renewable energy. When our more than 10 years, our State officials of our constitutional system. health care legislation is written by have abided by these rules, which are Recent scandals have cast a shadow the drug companies, we pay more be- rooted in Minnesota values. I followed over the legitimacy of the laws and cause they have banned negotiation on them as county prosecutor, and the re- policies that come out of Washington. prices. The people of this country know sults have been greater fairness in our The American public’s receding faith corruption when they see it. They saw democratic process and greater faith in in the integrity of our legislative proc- this last November who was benefiting our Government. ess means that ethics reform is now and who was getting hurt. A rule banning gifts and meals from central to every public issue that we Business as usual doesn’t only gen- both lobbyists and those who hire lob- will consider whether it is energy pol- erate bad policy and wasteful spending, byists worked in Minnesota, and it can icy, health care reform, fiscal reform, it also erodes public trust in the integ- work in Washington, DC. or even homeland security. rity of our Government institutions, I want to make clear that my sup- The ability of Congress to deal our elected leaders, and the law-mak- port for this rule is no reflection on my credibly and forthrightly with these ing process itself. colleagues who have humbled me with other issues depends on reforming our We the American people know what their good faith, honor, and integrity own ethical rules. we want from Washington. It is this: a since I arrived in Washington. Instead, The long-term challenges that we Government that is focused on doing I support it because the urgency of our face in this country are enormous. what is best for our Nation and on se- need to restore public faith in Govern- They include high energy prices and a curing a better and more prosperous fu- ment has convinced me that clear, growing dependency on foreign oil, ture for the people. bright line rules are best. Such rules health care costs that have spiraled There are so many people of good don’t impose unreasonable constraints out of control, global warming that faith on both sides of the aisle who and do not adversely affect citizens’ threatens the future of our environ- want to see this happen. Like me, they rights to petition their Government. ment and our economy, a mounting na- want to solve the great challenges of But it does send a strong, clear mes- tional debt, and a growing middle-class our day and to restore public faith in sage and an important signal to the squeeze. our Government. They know, as I do, American people that we are focused I believe that there are solutions to that General Omar Bradley was right solely on representing their interests. these challenges. While not always im- back in 1948 when he said that ‘‘we Last week at my swearing in a num- mediate, these solutions are within our need to start steering our ships by the ber of people and Senators from both grasp. We can achieve energy independ- stars, instead of the lights of each pass- sides of the aisle came up to me re- ence by investing smartly and having ing ship.’’ membering the great Senators who some guts to take on the oil compa- The new leadership that took the have come to Washington from the nies. We can get this country back on helm last week has already begun that State of Minnesota. It is humbling to the right fiscal track and move forward change in course. They have introduced follow in the footsteps of people such to more affordable health care. We can the ethics reform package at issue as Hubert Humphrey and Walter Mon- deliver much needed and long overdue today as the very first bill to be consid- dale and Paul Wellstone. I was re- relief to the middle class. These are the ered by the new Senate. minded many times this past week of things the people of Minnesota sent me It has been an honor to work with the great things they did and said. to Washington to fight for. They sent Senator REID and with colleagues such On Humphrey’s gravestone, there is me here because they have not yet seen as Senators FEINGOLD and OBAMA, and an inscription, a quote from Humphrey the bold change of direction that we with a great class of freshmen that in- himself. It says: need to make these solutions happen. cludes the Presiding Officer, as well as I have enjoyed my life, its disappointments Instead, they have seen a Washington Senator TESTER who is here with me outweighed by its pleasures. I have loved my that too often serves big special inter- today, who share a passion for ethics country in a way that some people consider ests at the expense of the middle class. reform. I am also pleased by the bipar- sentimental and out of style. I still do. And As a prosecutor, I learned firsthand tisan support for this bill. I remain an optimist with joy, without apol- how the well-connected and powerful The proposals being offered will ogy about this country and about the Amer- do not face the same challenges as mid- strengthen the original S. 1 in a num- ican experiment in democracy. dle-class families. Every day, I would ber of important areas, including Like Humphrey, Mr. President, I, go into our courthouse in Minnesota stricter travel rules, enhanced lobbying too, remain an optimist about this with a mission to treat people the same disclosure requirements, tougher re- grand experiment in democracy. I re- no matter where they came from. When strictions on the revolving door be- main an optimist because the people in we prosecuted a wealthy, well-con- tween Capitol Hill and lobbying firms, my State and across the country have nected person for a white-collar crime, and additional earmarking reform. spoken up for change. I remain an opti- the courtroom was packed with his It is also my understanding that the mist because the people in this Cham- friends. I would get all kinds of calls. Senate will thoughtfully address meth- ber are devoted to getting things done, One of my favorites was, ‘‘I know he ods to improve ethics enforcement in and getting them done the right way. I stole $400,000 from a mentally disabled debates and hearings over the next few remain an optimist because this Amer- woman, but he is such a good guy; he months. Speaking as a former pros- ican experiment in democracy has shouldn’t go to prison.’’ ecutor, I have expressed to a number of worked best when we, the American But when we prosecuted someone Senators the great value of strong, sen- people, without apology, have de- who was poor or middle class, they sible enforcement. manded accountability.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.019 S12JAPT1 ccoleman on PRODPC75 with SENATE S496 CONGRESSIONAL RECORD — SENATE January 12, 2007 This past November was one of those (C) in the matter following paragraph (2), (A) DIRECTIVE TO SENTENCING COMMISSION.— times. The American people spoke out by striking ‘‘ten years’’ and inserting ‘‘20 Pursuant to its authority under section for change. We need to answer them. years’’. 994(p) of title 28, United States Code, and in Mr. President, I yield the floor. (4) PENALTY FOR SECTION 641 VIOLATIONS.— accordance with this section, the United The PRESIDING OFFICER. The Sen- Section 641 of title 18, United States Code, is States Sentencing Commission forthwith amended by striking ‘‘ten years’’ and insert- shall review and amend its guidelines and its ator from Texas is recognized. ing ‘‘20 years’’. policy statements applicable to persons con- AMENDMENTS NOS. 45 AND 46 TO AMENDMENT NO. (5) BRIBERY AND GRAFT.—Section 201 of victed of an offense under sections 201, 641, 2 title 18, United States Code, is amended— 666, and 1962 of title 18, United States Code, Mr. CORNYN. Mr. President, I send (A) in subsection (b)— in order to reflect the intent of Congress two amendments to the desk and ask (i) by striking ‘‘fifteen years’’ and insert- that such penalties be increased in compari- unanimous consent that the pending ing ‘‘30 years’’; and son to those currently provided by guidelines amendment be set aside. (ii) by adding at the end the following: ‘‘If and policy statements. the official act involved national security, (B) REQUIREMENTS.—In carrying out this Mr. President, if I may clarify this, the term of imprisonment under this sub- one of the amendments is a second de- subsection, the Commission shall— section shall be not less than 3 years.’’; and (i) ensure that the sentencing guidelines gree to the Leahy amendment cur- (B) in subsection (c), by striking ‘‘two and policy statements reflect Congress’ in- rently pending. The other is a separate, years’’ and inserting ‘‘10 years’’. tent that the guidelines and policy state- freestanding first-degree amendment. (6) MAKING RICO MAXIMUM CONFORM TO BRIB- ments reflect the serious nature of the of- The PRESIDING OFFICER. The ERY MAXIMUM.—Section 1963(a) of title 18, fenses described in subparagraph (A), the clerk will report the amendments. United States Code, is amended by striking growing incidence of such offenses, and the The assistant legislative clerk read ‘‘20 years’’ and inserting ‘‘30 years’’. need for an effective deterrent and appro- as follows: (7) INCREASE OF MAXIMUM PENALTIES FOR priate punishment to prevent such offenses; CERTAIN PUBLIC CORRUPTION RELATED OF- (ii) consider the extent to which the guide- The Senator from Texas [Mr. CORNYN] pro- FENSES.— lines may or may not appropriately account poses an amendment numbered 45. (A) SOLICITATION OF POLITICAL CONTRIBU- for— The Senator from Texas [Mr. CORNYN] pro- TIONS.—Section 602(a) of title 18, United (I) the potential and actual harm to the poses an amendment numbered 46 to amend- States Code, is amended by striking ‘‘3 ment No. 2. public and the amount of any loss resulting years’’ and inserting ‘‘10 years’’. from the offense; The amendments are as follows: (B) PROMISE OF EMPLOYMENT FOR POLITICAL (II) the level of sophistication and planning AMENDMENT NO. 45 ACTIVITY.—Section 600 of title 18, United involved in the offense; States Code, is amended by striking ‘‘one (Purpose: To require 72 hour public avail- (III) whether the offense was committed year’’ and inserting ‘‘10 years’’. ability of legislative matters before consid- for purposes of commercial advantage or pri- (C) DEPRIVATION OF EMPLOYMENT FOR POLIT- eration) vate financial benefit; ICAL ACTIVITY.—Section 601(a) of title 18, (IV) whether the defendant acted with in- On page 7, line 13, strike ‘‘conference re- United States Code, is amended by striking tent to cause either physical or property port unless such report’’ and insert ‘‘legisla- ‘‘one year’’ and inserting ‘‘10 years’’. harm in committing the offense; tive matter unless such matter’’. (D) INTIMIDATION TO SECURE POLITICAL CON- (V) the extent to which the offense rep- On page 7, line 16, strike ‘‘48’’ and insert TRIBUTIONS.—Section 606 of title 18, United resented an abuse of trust by the offender ‘‘72.’’ States Code, is amended by striking ‘‘three and was committed in a manner that under- AMENDMENT NO. 46 years’’ and inserting ‘‘10 years’’. mined public confidence in the Federal, (Purpose: To deter public corruption) (E) SOLICITATION AND ACCEPTANCE OF CON- State, or local government; and TRIBUTIONS IN FEDERAL OFFICES.—Section On page 4, after line 5, add the following: (VI) whether the violation was intended to 607(a)(2) of title 18, United States Code, is (e) DETERRING PUBLIC CORRUPTION.— or had the effect of creating a threat to pub- (1) APPLICATION OF MAIL AND WIRE FRAUD amended by striking ‘‘3 years’’ and inserting ‘‘10 years’’. lic health or safety, injury to any person or STATUTES TO LICENCES AND OTHER INTANGIBLE even death; (F) COERCION OF POLITICAL ACTIVITY BY FED- RIGHTS.—Sections 1341 and 1343 of title 18, (iii) assure reasonable consistency with ERAL EMPLOYEES.—Section 610 of title 18, United States Code, are each amended by other relevant directives and with other sen- striking ‘‘money or property’’ and inserting United States Code, is amended by striking ‘‘three years’’ and inserting ‘‘10 years’’. tencing guidelines; ‘‘money, property, or any other thing of (iv) account for any additional aggravating (8) ADDITION OF DISTRICT OF COLUMBIA TO value’’. or mitigating circumstances that might jus- (2) VENUE FOR FEDERAL OFFENSES.— THEFT OF PUBLIC MONEY OFFENSE.—Section 641 of title 18, United States Code, is amend- tify exceptions to the generally applicable (A) VENUE INCLUDES ANY DISTRICT IN WHICH sentencing ranges; CONDUCT IN FURTHERANCE OF AN OFFENSE ed by inserting ‘‘the District of Columbia or’’ before ‘‘the United States’’ each place that (v) make any necessary conforming TAKES PLACE.—Subsection (a) of section 3237 changes to the sentencing guidelines; and of title 18, United States Code, is amended to term appears. (9) ADDITIONAL RICO PREDICATES.—Section (vi) assure that the guidelines adequately read as follows: meet the purposes of sentencing as set forth ‘‘(a) Except as otherwise provided by law, 1961(1) of title 18, United States Code, is amended— in section 3553(a)(2) of title 18, United States an offense against the United States may be Code. inquired of and prosecuted in any district in (A) by inserting ‘‘section 641 (relating to (13) CLARIFICATION OF DEFINITION OF OFFI- which any conduct required for, or any con- embezzlement or theft of public money, CIAL ACT.—Section 201(a)(3) of title 18, United duct in furtherance of, the offense took property, or records,’’ after ‘‘473 (relating to counterfeiting),’’; and States Code, is amended by striking ‘‘any de- place, or in which the offense was com- cision’’ and all that follows through ‘‘profit’’ pleted.’’. (10) ADDITIONAL WIRETAP PREDICATES.—Sec- tion 2516(1) of title 18, United States Code, is and inserting ‘‘any decision or action within (B) CONFORMING AMENDMENTS.— amended— the range of official duty of a public offi- (i) SECTION HEADING.—The heading for sec- cial’’. tion 3237 of title 18, United States Code, is (A) in paragraph (c), by inserting ‘‘section amended to read as follows: 641 (relating to embezzlement or theft of Mr. CORNYN. Mr. President, I yield public money, property, or records,’’ after the floor. ‘‘§ 3237. Offense taking place in more than ‘‘section 224 (relating to bribery in sporting one district’’. The PRESIDING OFFICER. The Sen- contests),’’; ator from Nevada is recognized. (ii) TABLE OF SECTIONS.—The table of sec- (B) in paragraph (r), by striking ‘‘or’’ at tions at the beginning of chapter 211 of title Mr. ENSIGN. Mr. President, I ask the end; unanimous consent to speak as in 18, United States Code, is amended so that (C) by redesignating paragraph (s) as para- the item relating to section 3237 reads as fol- graph (t); and morning business. lows: (D) by inserting after paragraph (r) the fol- The PRESIDING OFFICER. Is there ‘‘3237. Offense taking place in more than one lowing: objection? Without objection, it is so district.’’. ‘‘(s) a violation of section 309(d)(1)(A)(i) or ordered. (3) THEFT OR BRIBERY CONCERNING PRO- 319 of the Federal Election Campaign Act of Mr. STEVENS. Mr. President, will GRAMS RECEIVING FEDERAL FINANCIAL ASSIST- 1971; or’’. the Senator yield for a moment before ANCE.—Section 666(a) of title 18, United (11) CLARIFICATION OF CRIME OF ILLEGAL he speaks? States Code, is amended— GRATUITIES.—Subparagraphs (A) and (B) of Mr. ENSIGN. Yes. (A) in paragraph (1)(B), by striking ‘‘of section 201(c)(1) of title 18, United States AMENDMENT NO. 40 WITHDRAWN $5,000 or more’’ and inserting ‘‘of $1,000 or Code, are each amended by inserting ‘‘the of- more’’; ficial position of that official or person or’’ Mr. STEVENS. Mr. President, I have (B) in paragraph (2), by striking ‘‘of $5,000 before ‘‘any official act’’. tried to work out a problem dealing or more’’ and inserting ‘‘of $1,000 or more’’; (12) AMENDMENT OF THE SENTENCING GUIDE- with our State regarding aircraft. It is and LINES RELATING TO CERTAIN CRIMES.— my understanding that the agreed to

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.020 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S497 amendment has been modified. Appar- slaves in the British Empire their free- had actually started learning about ently, the decision of the majority is dom. William Wilberforce passed away and admiring William Wilberforce sev- that we should use more taxpayer 3 days later. eral years ago, so I was thrilled that money to meet our needs. I am not More than a century later, across the his life and impact would be docu- going to persist in my attempt to work Atlantic, a young Black pastor from mented and shared this way. The movie out our problems in this manner. Atlanta, Georgia, was sharing his shows that while William Wilberforce It is my understanding that some- dream for a united, multiracial Amer- was the voice and face behind the effort body talked about my jet amendment. ica. It was Dr. King’s eloquence, in- to abolish the slave trade, there were It had nothing to do with jets until I tense spirit, and vision that lifted him many people who inspired him to take modified it to accommodate some of to lead our civil rights movement at a action in the first place. the problems of majority members. I pivotal time. He said that ‘‘Life’s most There was John Newton who was Wil- withdraw amendment No. 40. persistent and nagging question is, liam Wilberforce’s childhood pastor. The PRESIDING OFFICER. Without what are you doing for others?’’ and he Newton was at one time a slave trader. objection, the amendment is with- challenged citizens to make the answer It was from a sea voyage during which drawn. count. he nearly died that he went on to write HONORING CHAMPIONS OF EQUALITY While his life was cut tragically the hymn ‘‘Amazing Grace.’’ Newton Mr. ENSIGN. Mr. President, on Janu- short, Dr. King’s work to bring equal- convinced William Wilberforce to stay ary 15 we honor the legacy of a man ity for all has become part of the fabric in politics in order to make a dif- who gave his life in the struggle for of our maturing Nation. ference, and he provided his confession equality. Dr. Martin Luther King read William Wilberforce and Dr. Martin as a slave trader for Wilberforce to use the words to our Nation’s Declaration Luther King are two men who rose to in his appeals for abolition. of Independence and worked to ensure extraordinary levels of public service There was also his friend William that they were lived that way: by embracing their faiths and working Pitt who went on to become the young- All men are created equal, that they are to correct a great abuse of human est Prime Minister of England. Pitt endowed by their Creator with certain rights. They each served mankind in a pushed Wilberforce to continue as a unalienable rights . . . way that very few others have. Yet, the public servant and encouraged him to Throughout history we have been for- lesson we learn from their life stories lead the abolition movement. tunate to have leaders of unbelievable is that we all have that spark of great- There were many other characters character and vision, such as Dr. King, ness. It is our choice whether we stand who played a role in William Wilber- who rose in power and worked to on the sidelines while others light the force’s involvement and eventual suc- change the course of history. Today I way or step forward and ignite our own cess in abolishing slavery. While they want to talk about the legacy of Dr. passion to make a difference in this may not be the names we often read King and another champion of human world. about in history books, their impact rights, William Wilberforce. The path to righting an injustice is was tremendous. In 1790, the transatlantic slave trade full of obstacles and risks. Dr. King Former Chaplain of the Senate Lloyd was thriving. The economic develop- lost his life and left behind a widow John Ogilvie once said: ment of Europe was fueled by the trad- and four young children on his mission You may only be able to make a small dif- ing in enslaved Africans, an incredibly to leave them a better world. William ference, but that does not relieve you of the profitable business at that time. Condi- Wilberforce faced defeat after defeat responsibility to make that difference. tions for slaves were horrific—from with his unpopular legislation to abol- When he says ‘‘You may only make a being kidnaped by foreigners speaking ish slavery. In fact, his abolition bill small difference,’’ I think he was en- an unknown language, being chained was defeated 30 times over the course couraging people to try to make any up and forced into unfathomable condi- of 20 years, but he continued the fight, difference, whatever difference they tions for the torturous trip from Afri- and his eventual victory has been were called to make. They may think ca, to finally being sold into a lifetime called one of the turning events in that it would only be a small dif- of slavery—if they survived—in a world history. ference, but in reality, it is history strange land. I chose to talk about Dr. King and that will make that determination. Witnesses to and survivors of these William Wilberforce today because I talked earlier about how shameful atrocities shared their stories with the they are truly remarkable people it is that there are more slaves around small, but dedicated, bands of aboli- whose stories I believe inspire others to the world today in 2007 than there were tionists who worked tirelessly to rid action. during the 400-year period of the trans- the world of this shameful slave trade. Neither Dr. King nor William Wilber- atlantic slavery movement. I applaud a In the late 1700s, they found their force embarked on their careers know- campaign called The Amazing Change. voice in William Wilberforce, a mem- ing that they would become giants of They highlight the work of groups con- ber of the British Parliament. In 1789, history. They sought to make a dif- tinuing William Wilberforce’s work to Wilberforce laid out the case against ference in whatever capacity they abolish slavery and make a better slavery with eye witness and survivor could. It is a lesson from which we world. accounts of the brutality inflicted on should all learn. The campaign is motivating young slaves. He told his fellow legislators: After all, while Dr. King and William people across the country to get in- Having heard all of this, you may choose Wilberforce made tremendous progress volved and to make a difference, and to look away, but you can never say again in eliminating slavery and empowering there are many causes such as this that that you did not know. equality, there is still much work to be need advocates and supporters. Wheth- For two decades, William Wilberforce done. Racial division and the violence er it is volunteering in your own com- fought with every fiber of his being to that Dr. King preached against have munity to help abused children or abolish the slave trade. It was not easy not disappeared from our country, and working to help cure cancer, spreading going up against those who made a for- slavery worldwide is a bigger problem the word about the atrocities in tune off of this trade. Many felt the today than it was in 1790. There are ac- Darfur, find your passion and use it to economy and England would crumble tually more slaves today than there leave this world a better place. without the slaves. Vilified and ridi- were seized from Africa in four cen- Ultimately, this is the message of Dr. culed, Wilberforce refused to give up turies of the transatlantic slave trade. King and William Wilberforce: Do the fight against the fierce proslavery It is appalling, but it gives us the op- something for others. forces. Wilberforce introduced motions portunity to ask that question Dr. Mr. President, I yield the floor. I sug- to abolish slavery in every single ses- King and William Wilberforce would gest the absence of a quorum. sion of Parliament. In 1807, his legisla- have easily been able to answer: What The PRESIDING OFFICER (Mr. tion to abolish the slave trade finally are you doing for others? WHITEHOUSE). The clerk will call the passed. Wilberforce continued his fight I was able to recently watch the roll. until his health could no longer take screening of a movie about William The assistant legislative clerk pro- it. In 1833, a bill passed giving all Wilberforce called ‘‘Amazing Grace.’’ I ceeded to call the roll.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.021 S12JAPT1 ccoleman on PRODPC75 with SENATE S498 CONGRESSIONAL RECORD — SENATE January 12, 2007 Mr. BOND. Mr. President, I ask unan- While he is best known for his love general in charge of the Defense Intel- imous consent that the order for the for professional football, Lamar Hunt ligence Agency, Mr. Fort of the State quorum call be rescinded. was deeply involved in other sports. He Department’s INR, and Director Bob The PRESIDING OFFICER. Without was a part owner of the Chicago Bulls, Mueller of the FBI what their assess- objection, it is so ordered. he founded World Championship Tennis ment was of the situation in Iraq. TRIBUTE TO LAMAR HUNT in 1969, and he spearheaded the devel- Very simply, they said that, while it Mr. BOND. Mr. President, first, I rise opment of soccer as a professional is not certain by any means, they be- today to pay tribute to a much loved sport in the United States. He owned lieve the leadership of Iraq has bought sportsman, businessman, civic leader, two Major League Soccer teams. into the concept announced by the and family man, Lamar Hunt, best While successful, Hunt remained President as a result of his telephone known as founder and owner of the modest. He never thought of himself as call from Prime Minister Malaki that Kansas City Chiefs, who, regrettably, a the Chief’s owner. He preferred the Iraq is going to take over the responsi- passed away on December 13 of com- term ‘‘founder.’’ bility for quelling the insurgency, the plications related to prostate cancer. As he told Joe Posnanski of the Kan- sectarian violence, and they will de- Some might be surprised to learn that sas City Star: vote their own resources, heavily, into Kansas City was Lamar Hunt’s adopted To me, every Chief’s fan has ownership in Baghdad, with district units headed by town, not his hometown. Born in Ar- the team. They are just as invested emotion- generals, brigades in each area sup- kansas and raised in Texas, Lamar ally as I am. I was able to bring the team to ported by American troops on a 3-to-1 began his journey to Kansas City in Kansas City, but it is Kansas City’s team. ratio, Iraqi to American. 1959, when the National Football In fact, since Mr. Hunt’s death, the While this by no means is sure to League unwisely turned down his re- Star has run several stories, including work, and recent actions do not sug- quest for a new franchise in Dallas. If examples of his love for players, coach- gest it is a very strong bet, they be- you can’t join ’em, beat ’em, to turn a es, and fans as individuals. Hall of lieve it has apparently the best chance cliche on its head. Fame linebacker Bobby Bell remem- to succeed. Shut out of the NFL, Lamar Hunt de- bered him, saying: In addition, since there was another cided to create another football league. He’s a guy who never valet parked his car idea on the table, I asked what would He found seven other men as pas- unless they absolutely made him. happen if we withdrew immediately, or sionate about football as he was, and Chief’s tight end Fred Arbanas re- within a very short timetable of 2 to 3 together they created the American called that Hunt, himself, served the months, and the Director of National Football League, the AFL. At the time, team food and drinks and picked up Intelligence and the Director of the theirs was considered a risky venture. trash on the plane to road games. He is CIA, first, said a precipitous with- They called themselves ‘‘the foolish said to have given the widow of an em- drawal would bring about a collapse of club’’ and located their teams in Mid- ployee killed in a construction acci- the Government; that al-Qaida would western and Southern cities, places dent a book of blank checks bearing his establish a beachhead and a sanctuary without a history of professional foot- signature. in Iraq for the purpose of promoting ball. Despite struggling with cancer for 8 the worldwide caliphate that it sup- It has been said that leaders are vi- years, Lamar kept a strenuous sched- ports. That was the Director of Na- sionaries with a poorly developed sense ule right until the very end. The last tional Intelligence, who, also, was of fear and no concept of the odds time I saw him was in November, dur- joined by the Director of the CIA, Gen- against them. Lamar was such a leader ing the Governor’s Cup game, where eral Hayden, who said if we withdraw, and he fit that description. the Chiefs played against the St. Louis it would empower the jihadists to gain He was certainly visionary. His lead- Rams in St. Louis. The Chief’s pulled a safe haven, which would have a tre- ership in creating and expanding the out a 31-to-7 win. At that game, his ill- mendous impact on the region. There American Football League helped pro- ness had necessitated a car for trans- would be a tremendous impact because fessional football gain a nationwide portation, but it had not affected his they could be in control of the oil-rich following before merging to become to- good nature, his friendliness or his op- Iraqi resources, and it would further day’s NFL. timism for his beloved Chiefs. empower Iran. I think he did understand the odds In an era of rapid change and turn- In summary, he said three things against him. He did not let them get in over in the sports world, Lamar Hunt very unfortunate would be likely to the way. He stuck with his plan for a stood apart. He remained owner of the occur. new football league and succeeded. He Chiefs, or founder of the Chiefs, for No. 1, more innocent Iraqi civilians first located his franchise in Dallas. In more than 40 years, from 1963 until his would die in sectarian violence. 1963, he moved the Dallas Texans to death. He invested in the lives of peo- No. 2, there would be a safe haven for Kansas City, where they became the ple in his adopted town, and the bene- al-Qaida and its cooperating entities— Chiefs. fits of those investments will be felt for a goal that has been stated by the lead- Lamar Hunt coined the term ‘‘Super generations to come. er of al-Qaida, Osama bin Laden, and Bowl’’ and was on hand to see the More than 1,000 fans have signed the his second in command, Ayman al- Chiefs win Super Bowl IV. Unfortu- Kansas City Star’s online guestbook Zawahiri. nately, our Chiefs have not won a for Lamar Hunt, praising him for his And third, this would very likely Super Bowl since, but Lamar never honesty and sincerity, his class and his bring about regionwide conflicts be- gave up on his team and neither will countless contributions to the Chiefs, cause with the Shia in control in Iraq we, the fans. to football, and to Kansas City. in the current Government, with the Lamar Hunt was a true entrepreneur, While his family and friends will numbers they have, Iran has shown a willing to take calculated risk on in- miss Lamar very much, they can take very great interest and has been too vestments that would benefit the larg- heart in the tremendous legacy he left. actively involved in Iraqi matters al- er community. Since the 1960s, the I know his son Clark will continue to ready. Iran and its Shias, if they came Hunt family has been instrumental in lead the Chiefs with the same love for in and heaped great losses on the the growth and development of Kansas the game and business sense his father Sunnis, could expect that Sunni neigh- City from a frontier town to a world- had. We will always remember fondly bors in the region would respond to the class city. Lamar Hunt. threats of the Iraqi Shia, as the Ira- The Hunts have contributed to the IRAQ nians, and the danger of a tremendous Kansas City economy through Hunt Mr. President, my colleagues and our conflict throughout that region would Midwest Enterprises, which, among staffs, people need to know about the occur. other ventures, developed Worlds of worldwide threat hearing we had at an So I appreciate the opportunity to Fun and Oceans of Fun, two rec- open session of the Intelligence Com- address the Senate on these matters. I reational theme parks that draw hun- mittee yesterday. In that hearing, we think all Senators need to know the se- dreds of thousands of visitors each asked the Director of National Intel- riousness of this issue, the reasons why year. ligence, the Director of the CIA, the I believe the President’s option that he

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.028 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S499 announced the night before last is the (B) The name of each entity that would be administrative formula-driven or competi- best option. the recipient of the earmark, including the tive award process; name of the parent entity of such recipient, (B) any revenue-losing provision that— AMENDMENTS NOS. 48, 49, 50, AND 51, EN BLOC, TO if such recipient is owned by another entity. (i) provides a Federal tax deduction, credit, AMENDMENT NO. 3 If there is no specifically intended recipient, exclusion, or preference to 10 or fewer bene- Now, Mr. President, on behalf of Sen- then the form shall require the Member to ficiaries under the Internal Revenue Code of ator COBURN, I ask unanimous consent identify the intended location or activity 1986; and that the pending amendment be tempo- that will benefit from the earmark. In the (ii) contains eligibility criteria that are rarily set aside in order to call up case of an earmark that contains a limited not uniform in application with respect to amendments Nos. 48 through 51 en bloc. tax or tariff benefit, the Member shall iden- potential beneficiaries of such provision; The PRESIDING OFFICER. Is there tify the individual or entity reasonably an- (C) any Federal tax provision which pro- objection? ticipated to benefit from the earmark (to the vides one beneficiary temporary or perma- extent known by the Member). nent transition relief from a change to the Without objection, it is so ordered. (C) The amount requested in the earmark. Internal Revenue Code of 1986; and The clerk will report. (D) The Department or agency from which (D) any provision modifying the Har- The legislative clerk read as follows: the amounts requested in the earmark are monized Tariff Schedule of the United States The Senator from Missouri [Mr. BOND], for expected to be provided (if known by the in a manner that benefits 10 or fewer enti- Mr. COBURN, proposes amendments, en bloc, Member). ties. numbered 48, 49, 50, and 51 to amendment No. (E) The appropriations bill from which the (2) IMMEDIATE FAMILY MEMBER.—The term 3. amounts requested in the earmark are ex- ‘‘immediate family member’’ means the son, The amendments, en bloc, are as fol- pected to be provided (if known by the Mem- daughter, stepson, stepdaughter, son-in-law, lows: ber). daughter-in-law, mother, father, stepmother, (F) A description of the earmark, including stepfather, mother-in-law, father-in-law, AMENDMENT NO. 48 its purpose, goals, and expected outcomes. brother, sister, stepbrother, or stepsister of a (Purpose: To require all recipients of Federal (G) The location and address of each entity person. earmarks, grants, subgrants, and contracts that would be the recipient of the earmark AMENDMENT NO. 50 to disclose amounts spent on lobbying and and the primary location of the activities a description of all lobbying activities) funded by the earmark, including the State, (Purpose: To provide disclosure of lobbyist city, congressional district, and country of gifts and travel instead of banning them as On page 38, between lines 5 and 6, insert the Reid/McConnell substitute proposes) the following: such activities. Strike section 108 and insert the following: SEC. 223. LOBBYING DISCLOSURE AND PUBLIC (H) Whether the earmark is funding an on- SEC. 108. DISCLOSURE FOR GIFTS FROM LOBBY- AVAILABILITY OF FORMS FILED BY going or a new activity or initiative and the ISTS. RECIPIENTS OF FEDERAL FUNDS expected duration of such activity or initia- AND CONTRACTS. tive. Paragraph 1(a) of rule XXXV of the Stand- ing Rules of the Senate is amended— (a) LOBBYING DISCLOSURE.—Section (I) The source and amount of any other 1352(b)(2) of title 31, United States Code, is funding for the activity or initiative funded (1) in clause (2), by striking the last sen- tence and inserting ‘‘Formal record keeping amended— by the earmark, including any other Federal, is required by this paragraph as set out in (1) in subparagraph (A), by striking ‘‘and’’ State, local, or private funding for such ac- clause (3).’’; and after the semicolon; tivity or initiative. (2) by adding at the end the following: (2) in subparagraph (B), by striking the pe- (J) Contact information for the entity that would be the recipient of the earmark, in- ‘‘(3)(A) Not later than 48 hours after a gift riod and inserting ‘‘; and’’; and has been accepted, each Member, officer, or (3) by adding at the end the following: cluding the name, phone number, postal mailing address, and email for such entity. employee shall post on the Member’s Senate ‘‘(C) an itemization of any funds spent by website, in a clear and noticeable manner, (K) If the activity or initiative funded by the person for lobbying on a calendar year the following: the earmark is authorized by Federal law. If basis.’’. ‘‘(i) The nature of the gift received. so, the Member shall provide the public law (b) PUBLIC AVAILABILITY.—Section 1352(b) ‘‘(ii) The value of the gift received. number and United States Code citation for of title 31, United States Code, is amended by ‘‘(iii) The name of the person or entity pro- such authorization. adding at the end the following: viding the gift. (L) The budget outline for such activity or ‘‘(7) Declarations required to be filed by ‘‘(iv) The city and State where the person initiative funded by the earmark, includ- paragraph (1) shall be made available by the or entity resides. ing— Office of Management and Budget on a pub- ‘‘(v) Whether that person is a registered (i) the amount needed to complete the ac- lic, fully searchable website that shall be up- lobbyist, and if so, the name of the client for tivity or initiative; and dated quarterly.’’. whom the lobbyist is providing the gift and (ii) whether or not the Member, the spouse (c) EFFECTIVE DATE.—The amendments the city and State where the client resides. made by this section shall take effect 6 of the Member, an immediate family member ‘‘(B) Not later than 30 days after the adop- months after the date of enactment of this of the Member, a member of the Member’s tion of this clause, the Committee on Rules Act. staff, or an immediate family member of a and Administration shall, in consultation member of the Member’s Senator’s staff has AMENDMENT NO. 49 with the Select Committee on Ethics and the a financial interest in the earmark. (Purpose: To require all congressional ear- Secretary of the Senate, proscribe the uni- (4) PUBLIC ACCOUNTABILITY.— form format by which the postings in sub- marks requests to be submitted to the ap- (A) IN GENERAL.—Not later than 7 days propriate Senate committee on a standard- clause (A) shall be established.’’. after the date that a request for an earmark Strike section 109 and insert the following: ized form) is submitted under this section, the Com- SEC. 109. DISCLOSURE OF TRAVEL. At the end of subtitle A of title II, insert mittee on Appropriations of the Senate shall Paragraph 2 of rule XXXV of the Standing the following: make the request available to the public on Rules of the Senate is amended by adding at SEC. 225. SUBMISSION OF EARMARKS ON A UNI- the Internet website of such committee, the end the following: FORM FORM. without fee or other access charge, in a ‘‘(h)(1) Not later than 48 hours after a (a) IN GENERAL.—Each Member of the Sen- searchable, sortable, and downloadable man- Member, officer, or employee has accepted ate shall submit any request for— ner. transportation or lodging otherwise permis- (1) an appropriations earmark to the Com- (B) RECORDKEEPING.—The Committee on sible by the rules from any other person, mittee on Appropriations of the Senate; Appropriations of the Senate shall maintain other than a governmental entity, such (2) a tax benefit earmark to the Committee records of all requests made available under Member, officer, or employee shall post on on Finance of the Senate; and subparagraph (A) for a period of not less the Member’s Senate website, in a clear and (3) any other earmark to the appropriate than 6 years. noticeable manner, the following: committee of jurisdiction. (c) DEFINITIONS.—In this section: ‘‘(A) The nature and purpose of the trans- (b) UNIFORM FORM.— (1) EARMARK.—The term ‘‘earmark’’ portation or lodging. (1) IN GENERAL.—Each request for an ear- means— ‘‘(B) The fair market value of the transpor- mark under subsection (a) shall be submitted (A) a provision or report language included tation or lodging. on a standardized form. primarily at the request of a Member, Dele- ‘‘(C) The name of the person or entity (2) RULES COMMITTEE.—The form described gate, Resident Commissioner, or Senator sponsoring the transportation or lodging. in paragraph (1) shall be developed by the providing, authorizing or recommending a ‘‘(D) The city and State where the person Committee on Rules and Administration of specific amount of discretionary budget au- or entity sponsoring the transportation or the Senate. thority, credit authority, or other spending lodging resides. (3) REQUIRED CONTENT.—The form described authority for a contract, loan, loan guar- ‘‘(E) Whether that sponsoring person is a in paragraph (1), shall at a minimum, include antee, grant, loan authority, or other ex- registered lobbyist, and if so, the name of the following: penditure with or to an entity, or targeted to the client for whom the lobbyist is spon- (A) The name of the Member requesting a specific State, locality or Congressional soring the transportation or lodging and the the earmark. district, other than through a statutory or city and State where the client resides.

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.030 S12JAPT1 ccoleman on PRODPC75 with SENATE S500 CONGRESSIONAL RECORD — SENATE January 12, 2007 ‘‘(2) This subparagraph shall also apply to Because there have been some abuses If an entity is properly awarded an ear- all noncommercial air travel otherwise per- in this area, I support a change in the mark, the entire amount of the earmark missible by the rules. rules related to political committees shall be transferred to the entity to be ex- ‘‘(3) Not later than 30 days after the adop- employing family members, and I ex- pended for the essential government purpose tion of this subparagraph, the Committee on of the earmark. Rules and Administration shall, in consulta- pect to be supportive of these types of reforms when campaign finance reform If the entity doesn’t spend the entire tion with the Select Committee on Ethics amount of the earmark, my amend- and the Secretary of the Senate, proscribe is voted on this year. At that time, the the uniform format by which the postings in relevant committee on this matter will ment requires the excess funds to be re- clauses (1) and (2) shall be established.’’. have had the opportunity to consider turned to the Treasury for the purposes AMENDMENT NO. 51 this issue and recommend the best way of deficit reduction. That is all this (Purpose: To prohibit Members from request- to correct these abuses. does. ing earmarks that may financially benefit Mr. President, I suggest the absence Some Senators may ask, Why is such that Member or immediate family member of a quorum. an amendment necessary? I think of that Member, and for other purposes) The PRESIDING OFFICER. The many of my colleagues in the Senate On page 18, between lines 3 and 4, insert clerk will call the roll. would be quite surprised to learn that the following: The legislative clerk proceeded to all too often, after going through the SEC. 116. PROHIBITION ON FINANCIAL GAIN call the roll. process of earmarking funds for the FROM EARMARKS BY MEMBERS, IM- benefit of their constituents, the ear- MEDIATE FAMILY OF MEMBERS, Mr. NELSON of Nebraska. Mr. Presi- STAFF OF MEMBERS, OR IMMEDIATE dent, I ask unanimous consent that the marked funds are, on some occasions, FAMILY OF STAFF OF MEMBERS. order for the quorum call be rescinded. spent by someone else once the bill Rule XXXVII of the Standing Rules of the The PRESIDING OFFICER. Without leaves the Senate. The earmarked Senate is amended by adding at the end the objection, it is so ordered. funds are going to be spent as the Sen- following: ate intended. In reality, however, a AMENDMENT NO. 47 TO AMENDMENT NO. 3 ‘‘15. (a) No Member shall use his official po- portion of earmarked funds may some- sition to introduce, request, or otherwise aid Mr. NELSON of Nebraska. Mr. Presi- times be reallocated to other purposes the progress or passage of a congressional dent, I rise today to offer an amend- earmark that will financially benefit or oth- by the agency tasked with delivering ment to further increase transparency the funds to the intended recipient. Un- erwise further the pecuniary interest of such and ensure accountability with respect Member, the spouse of such Member, the im- fortunately, I have discovered this mediate family member of such Member, any to earmarks. I call up amendment No. practice of ‘‘skimming,’’ as I call it, employee on the staff of such Member, the 47 and ask for its immediate consider- where the agency simply skims a por- spouse of an employee on the staff of such ation. tion off the top of the earmarks. It is Member, or immediate family member of an The PRESIDING OFFICER. The fairly common, and in many cases it employee on the staff of such Member. clerk will report. simply is not authorized by law. ‘‘(b) For purposes of this paragraph— The legislative clerk read as follows: ‘‘(1) the term ‘immediate family member’ Last year, with the help of the Con- The Senator from Nebraska [Mr. NELSON] means the son, daughter, stepson, step- gressional Research Service, I asked proposes an amendment numbered 47 to daughter, son-in-law, daughter-in-law, moth- the 15 Cabinet-level departments to amendment No. 3. er, father, stepmother, stepfather, mother- help me understand how this process in-law, father-in-law, brother, sister, step- Mr. NELSON of Nebraska. Mr. Presi- works, what happens with the funding brother, or stepsister of a Member or any dent, I ask unanimous consent that the once Congress approves an earmark. employee on the staff (including staff in per- reading of the amendment be dispensed Only 12 departments responded, and sonal, committee and leadership offices) of a with. Member; and the responses varied widely. Some said The PRESIDING OFFICER. Without they do not skim from the earmarks at ‘‘(2) the term ‘congressional earmark’ objection, it is so ordered. means— all; however, some said they skim 2 to ‘‘(A) a provision or report language in- The amendment is as follows: 3 percent off the top of the earmark cluded primarily at the request of a Member, (Purpose: To help encourage fiscal without authority by law. In some in- Delegate, Resident Commissioner, or Sen- responsibility in the ear-marking process) stances, the agencies did cite a statu- ator providing, authorizing or recommending At the appropriate place, insert the fol- tory authority for the skimming, but a specific amount of discretionary budget lowing: authority, credit authority, or other spend- in others it looks as if the skimming SEC. ll. ENCOURAGING FISCAL RESPONSI- was done without express authority to ing authority for a contract, loan, loan guar- BILITY IN THE EARMARKING PROC- antee, grant, loan authority, or other ex- ESS. do so. Alarmingly, one agency replied penditure with or to an entity, or targeted to (a) IN GENERAL.—If an entity is properly only with this statement: a specific State, locality or Congressional awarded an earmark as defined in section The magnitude of your request outstrips district, other than through a statutory or 103, the entire amount of the earmark shall our ability to provide you with the extensive administrative formula-driven or competi- be transferred to the entity to be expended amount of data that you desire. tive award process; for the essential governmental purpose of I found not only skimming in some ‘‘(B) any revenue-losing provision that— the earmark. cases, but there was stiffing when you ‘‘(i) provides a Federal tax deduction, cred- (b) AGENCY PROHIBITION.—Earmarked funds it, exclusion, or preference to 10 or fewer shall not be spent by the authorizing depart- asked for information as well. beneficiaries under the Internal Revenue ment or agency (unless specifically author- The Constitution gives Congress the Code of 1986; and ized in the section of the appropriations bill power of the purse. Yet sometimes the ‘‘(ii) contains eligibility criteria that are or report containing the earmark) and shall executive branch sees fit to spend con- not uniform in application with respect to instead be returned to the Treasury for the gressionally approved earmark funds potential beneficiaries of such provision; purposes of deficit reduction. for their own purposes. That is simply ‘‘(C) any Federal tax provision which pro- Mr. NELSON of Nebraska. Mr. Presi- wrong under any set of circumstances. vides one beneficiary temporary or perma- nent transition relief from a change to the dent, I am concerned about the abuse From a constitutional standpoint, from Internal Revenue Code of 1986; and of the earmark process, and I applaud a fiscal responsibility standpoint, and ‘‘(D) any provision modifying the Har- the bipartisan efforts of the majority from a practical standpoint, the execu- monized Tariff Schedule of the United States and minority leaders in crafting the tive branch should not be able to redi- in a manner that benefits 10 or fewer enti- earmark reforms in the underlying bill. rect earmarked funds unless specifi- ties.’’. I strongly support improving trans- cally authorized to do so in that ear- Mr. DORGAN. I voted to table the parency and accountability in the ap- mark. There shouldn’t be an ongoing Vitter amendment, No. 6, to S. 1, the propriations process. I believe Members authority to do that with every ear- ethics bill, because it should properly should certainly be required to disclose mark without the authority estab- be offered to the campaign finance bill and justify their earmarks. My amend- lished by Congress. And if that author- when it comes to the floor of the Sen- ment takes this notion one step beyond ity has been established by law, I be- ate. The majority leader has said he by ensuring that earmarked funds are lieve we ought to reconsider it because will bring a campaign finance bill spent only for the stated purpose for it should be on an earmark-by-earmark through the committee and to the floor which they are approved by the Senate. basis. If they want their budget to in- later this year. The amendment simply states: clude a certain amount of money above

VerDate Aug 31 2005 02:58 Jan 13, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.012 S12JAPT1 ccoleman on PRODPC75 with SENATE January 12, 2007 CONGRESSIONAL RECORD — SENATE S501 where they are at the moment, let available. Further, since additional COMMITTEE ON ARMED SERVICES: Mr. them come to the budgeting process funds may not be available, we have Levin (Chairman), Mr. Kennedy, Mr. Byrd, and make their request just like every- agreed that each ranking member will Mr. Lieberman, Mr. Reed, Mr. Akaka, Mr. Nelson (Florida), Mr. Nelson (Nebraska), Mr. one else has to for the budgeting proc- be allocated the amount mentioned Bayh, Mrs. Clinton, Mr. Pryor, Mr. Webb, ess here in Congress. above, if they so request, and those and Mrs. McCaskill. The earmark reforms in this bill are funds will be made available from ex- COMMITTEE ON BANKING, HOUSING, important, and we shouldn’t allow the isting funds provided by the Rules AND URBAN AFFAIRS: Mr. Dodd (Chair- executive branch to undermine them. Committee. man), Mr. Johnson, Mr. Reed, Mr. Schumer, We owe it to our constituents to make Mr. President, I ask unanimous con- Mr. Bayh, Mr. Carper, Mr. Menendez, Mr. sure earmarks are carried out as in- sent that a letter signed by the two Akaka, Mr. Brown, Mr. Casey, and Mr. Test- er. tended by this body in accordance with leaders be printed in the RECORD. COMMITTEE ON COMMERCE, SCIENCE, our earmarks disclosure rules. The PRESIDING OFFICER. Without AND TRANSPORTATION: Mr. Inouye To conclude, this amendment simply objection, it is so ordered. (Chairman), Mr. Rockefeller, Mr. Kerry, Mr. reinforces the earmark reforms in a There being no objection, the mate- Dorgan, Mrs. Boxer, Mr. Nelson (Florida), very straightforward way. It will en- rial was ordered to be printed in the Ms. Cantwell, Mr. Lautenberg, Mr. Pryor, sure that earmarks are only spent for RECORD, as follows: Mr. Carper, Mrs. McCaskill, and Ms. the stated purpose for which they were Klobuchar. JOINT LEADERSHIP LETTER COMMITTEE ON ENERGY AND NAT- approved. It will put an end to unac- We mutually commit to the following for URAL RESOURCES: Mr. Bingaman (Chair- countable skimming of earmarks and the 110th Congress: man), Mr. Akaka, Mr. Dorgan, Mr. Wyden, require that any unspent earmarked The budgets of the Committees of the Sen- Mr. Johnson, Ms. Landrieu, Ms. Cantwell, funds will be used for deficit reduction. ate, including Joint and Special Committees, Mr. Salazar, Mr. Menendez, Mrs. Lincoln, This amendment protects our con- and all other subgroups, shall be apportioned Mr. Sanders, and Mr. Tester. stituents and the American taxpayer. to reflect the ratio of the Senate as of, and COMMITTEE ON THE ENVIRONMENT It strengthens the underlying bill by effective on this date, with up to an addi- AND PUBLIC WORKS: Mrs. Boxer (Chair- man), Mr. Baucus, Mr. Lieberman, Mr. Car- providing a guarantee that earmarks tional ten percent (10%), to be allocated to the Chairmen for administrative expenses, to per, Mrs. Clinton, Mr. Lautenberg, Mr. will be spent only as the Senate in- Cardin, Mr. Sanders, Ms. Klobuchar, and Mr. tends, for the purpose for which they be determined by the Rules Committee, with the total administrative expenses allocation Whitehouse. were approved, in accordance with the for all Committees not to exceed historic COMMITTEE ON FINANCE: Mr. Baucus earmark reforms. I believe the under- levels. The additional administrative ex- (Chairman), Mr. Rockefeller, Mr. Conrad, lying bill is incomplete without my penses described above shall be available to Mr. Bingaman, Mr. Kerry, Mrs. Lincoln, Mr. amendment, and I urge my colleagues be expended by a Committee Chairman, after Wyden, Mr. Schumer, Ms. Stabenow, Ms. consultation with the Ranking Member of Cantwell, and Mr. Salazar. to adopt it. COMMITTEE ON FOREIGN RELATIONS: the Committee. Funds for committee ex- Mr. President, I yield the floor, and I Mr. Biden (Chairman), Mr. Dodd, Mr. Kerry, penses shall be available to Chairmen con- note the absence of a quorum. Mr. Feingold, Mrs. Boxer, Mr. Nelson (Flor- sistent with the Senate rules and practices The PRESIDING OFFICER. The ida), Mr. Obama, Mr. Menendez, Mr. Cardin, of the 109th Congress. No committee budget Mr. Casey, and Mr. Webb. clerk will call the roll. shall be allocated to reduce the Republican The legislative clerk proceeded to COMMITTEE ON HEALTH, EDUCATION, staff salary baseline below that of fiscal year LABOR, AND PENSIONS: Mr. Kennedy call the roll. 2006 if that money is available. The Chair- Mr. REID. Mr. President, I ask unan- (Chairman), Mr. Dodd, Mr. Harkin, Ms. Mi- man and Ranking Member of any committee kulski, Mr. Bingaman, Mrs. Murray, Mr. imous consent that the order for the may, by mutual agreement, modify the ap- Reed, Mrs. Clinton, Mr. Obama, Mr. Sanders, quorum call be rescinded. portionment of Committee funding, includ- and Mr. Brown. The PRESIDING OFFICER (Mr. ing the additional ten percent (10%) allo- COMMITTEE ON HOMELAND SECURITY MENENDEZ). Is there objection? cated for administrative expenses, referenced AND GOVERNMENTAL AFFAIRS: Mr. Without objection, it is so ordered. in this letter. The division of Committee of- Lieberman (Chairman), Mr. Levin, Mr. fice space shall be commensurate with this Akaka, Mr. Carper, Mr. Pryor, Ms. Landrieu, f funding agreement. Mr. Obama, Mrs. McCaskill, and Mr. Tester. JOINT LEADERSHIP AGREEMENT f COMMITTEE ON THE JUDICIARY: Mr. ON COMMITTEE FUNDING Leahy (Chairman), Mr. Kennedy, Mr. Biden, CONSTITUTING THE MAJORITY Mr. Kohl, Mrs. Feinstein, Mr. Feingold, Mr. Mr. MCCONNELL. Mr. President, be- PARTY’S MEMBERSHIP ON CER- Schumer, Mr. Durbin, Mr. Cardin, and Mr. fore we proceed to the resolutions ap- TAIN COMMITTEES FOR THE ONE Whitehouse. pointing our committee membership, I HUNDRED TENTH CONGRESS SELECT COMMITTEE ON INTEL- want to thank the majority leader for LIGENCE: Mr. Rockefeller, Mrs. Feinstein, Mr. REID. Mr. President, I ask unan- his assistance in working on this joint Mr. Wyden, Mr. Bayh, Ms. Mikulski, Mr. imous consent that the Senate proceed leadership agreement. As was agreed to Feingold, Mr. Nelson (Florida), Mr. to the consideration of S. Res. 27, Whitehouse, and Mr. Levin (ex officio). in the 108th Congress, we have included which is at the desk; that the resolu- COMMITTEE ON THE BUDGET: Mr. language which keeps the current mi- tion be agreed to and the motion to re- Conrad (Chairman), Mrs. Murray, Mr. nority staff salary baseline from going consider be laid upon the table. Wyden, Mr. Feingold, Mr: Byrd, Mr. Nelson below the allocation in the 109th if (Florida), Ms. Stabenow, Mr. Menendez, Mr. The PRESIDING OFFICER. Without those funds are available. Given the Cardin, Mr. Lautenberg, Mr. Sanders, and objection, it is so ordered. possibility of a continuing resolution, Mr. Whitehouse. The resolution (S. Res. 27) was agreed the majority leader and the chairman COMMITTEE ON RULES AND ADMINIS- to, as follows: TRATION: Mrs. Feinstein (Chairman), Mr. of the Rules Committee have agreed to S. RES. 27 Dodd, Mr. Byrd, Mr. Inouye, Mr. Schumer, provide each ranking member, if re- Mr. Durbin, Mr. Nelson (Nebraska), Mr. Reid, quested, an allocation equal to 49 per- Resolved, That the following shall con- Mrs. Murray, and Mr. Pryor. cent of the 10 percent that was avail- stitute the majority party’s membership on COMMITTEE ON SMALL BUSINESS AND able to the chairman in the 109th Con- the following committees for the One Hun- ENTREPRENEURSHIP: Mr. Kerry (Chair- dred Tenth Congress, or until their succes- man), Mr. Levin, Mr. Harkin, Mr. Lieberman, gress. I would further say that this sors are chosen: money is available out of existing Ms. Landrieu, Ms. Cantwell, Mr. Bayh, Mr. COMMITTEE on AGRICULTURE, NUTRI- Pryor, Mr. Cardin, and Mr. Tester. funds and is not considered as supple- TION, and FORESTRY: Mr. Harkin (Chair- COMMITTEE ON VETERANS’ AFFAIRS: mental funds above the current funding man), Mr. Leahy, Mr. Conrad, Mr. Baucus, Mr. Akaka (Chairman), Mr. Rockefeller, Mrs. levels. Mrs. Lincoln, Ms. Stabenow, Mr. Nelson (Ne- Murray, Mr. Obama, Mr. Sanders, Mr. Mr. REID. Mr. President, I concur braska), Mr. Salazar, Mr. Brown, Mr. Casey, Brown, Mr. Webb, and Mr. Tester. with the remarks of the Republican and Ms. Klobuchar. SPECIAL COMMITTEE ON AGING: Mr. leader. The baseline was not reduced COMMITTEE ON APPROPRIATIONS: Mr. Kohl (Chairman), Mr. Wyden, Mrs. Lincoln, Byrd (Chairman), Mr. Inouye, Mr. Leahy, Mr. for Democratic staff in the 108th Con- Mr. Bayh, Mr. Carper, Mr. Nelson (Florida), Harkin, Ms. Mikulski, Mr. Kohl, Mrs. Mur- Mrs. Clinton, Mr. Salazar, Mr. Casey, Mrs. gress. This agreement allows for that ray, Mr. Dorgan, Mrs. Feinstein, Mr. Durbin, McCaskill, and Mr. Whitehouse. same accommodation for the Repub- Mr. Johnson, Ms. Landrieu, Mr. Reed, Mr. JOINT ECONOMIC COMMITTEE: Mr. lican side in the 110th, if that money is Lautenberg, and Mr. Nelson (Nebraska). Schumer (Chairman), Mr. Kennedy, Mr.

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